Transcript Keep Them Safe - Information for Principals in schools

Catholic Schools Office
Diocese of Armidale
Keep Them Safe Information for Principals in schools
Acknowledgements: Keep Them Safe Resources for Catholic Schools CECNSW 2010
May 2010
REPORTING THRESHOLD INCREASE – WHY?
• Children and young people should only be
reported where a statutory response is required
• Reporting is not effective where families need
support rather than statutory intervention
• Refer families where statutory response is not
required to local government agencies/NGOs
(instead of reporting)
• Enable Community Services to focus on the most
serious cases
May 2010
SIGNIFICANT HARM DEFINITION
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Circumstances causing concern to a significant extent
Sufficiently serious for statutory response
Not minor or trivial
Reasonable expectation of a substantial and
demonstrably adverse impact on child or young
person’s safety, welfare or wellbeing
• For an unborn child the adverse outcome relates to
safety, welfare and wellbeing after the child’s birth
• Significance can relate to single act or omission or an
accumulation
May 2010
LEGAL FRAMEWORK FOR REPORTING
• S.23/24 Children and Young Persons
(Care and Protection) Act
• Current concerns
• Reasonable grounds
• One or more harm circumstances
• Single act or omission or series of acts or
omissions
May 2010
HARM CIRCUMSTANCES
Basic care
(b) Necessary medical treatment
(b1) School enrolment / attendance
(c) Physical or sexual abuse
(d) Exposure to domestic violence
(e) Serious psychological harm
(f) Prenatal
Also unauthorised out of home care as specified
by the Act.
May 2010
CUMULATIVE HARM
• Damaging effects may not be evident from
single event
• Multiple adverse circumstances can have
unremitting daily impact
• Likely to be identified from multiple sources
• Multiple reports over time, with different
harm types, and below threshold concerns
May 2010
ACCESSING THE MRG
www.keepthemsafe.nsw.gov.au
Look for Mandatory Reporter Guide under ‘Quick
Links’
www.community.nsw.gov.au
Click on ‘Preventing Child Abuse and Neglect’
Then click on ‘Resources for Mandatory
Reporters’
http://dr.sdm.community.nsw.gov.au/mrg/app/summary.page
May 2010
CASE EXAMPLE
• Emma has bruising on her face and her eye is
half closed. When asked Emma says that she
knocked her head on a cupboard door.
Another student tells a staff member that
Emma said her mother hit her when Emma
was late home
May 2010
May 2010
MRG DECISIONS
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Report to Community Services immediately
Report to Community Services (within 24 hrs)
Consult with a professional (or report)
Consult with a mental health professional or
service (or report)
• Document and continue relationship
• Document and monitor (attendance only)
May 2010
CHILD PROTECTION HELPLINE
• To make a report telephone 133 627
(Mandatory Reporters Line)
• You will be asked if you have used the MRG, and
you may be asked about the MRG decision
• You will need to give comprehensive information
about the child and family
• Ask for a reference number
• Ask for feedback re threshold and CS response
• Always complete Form A on the intranet and
retain copy for school records and fax copy to
CSO on secure fax line
May 2010
MRG ISSUES ?
• Check for another relevant decision tree – it
may pick up your concerns
• Contact the Helpline if you need help with the
MRG
• Contact the Helpline if you are concerned
about risk of significant harm, even if the MRG
says otherwise
• No one can stop you contacting the Helpline
May 2010
BELOW THE THRESHOLD
• What if it does not meet the threshold?
• What options does a school have?
• Do we need to do something?
May 2010
MRG DECISIONS INCLUDE
Immediate report to Community services
Report to Community Services
Document and continue relationship
Document and monitor
Consult a professional
Document and continue relationship/monitor
May 2010
DOCUMENT AND CONTINUE RELATIONSHIP
• May be the outcome for a range of decision
trees
• Lower risks or family benefiting from services
• If conditions worsen responsibility to report
• May act to facilitate disclosure of further or
new concerns
• May support child/young person or
parent/carer to address concerns.
May 2010
DISCLOSURE
• Means telling another person about abuse
• May be intentional or ‘accidental’
• Person disclosing:
- may not be aware of the consequences
- may be looking for information: ‘is this OK?’
‘is it just me?’
- may be looking for protection or support
• Behaviour change may precede disclosure
• Disclosure process often comes in small,
fragmented pieces
May 2010
MONITOR, CREATE OR MAINTAIN
A SAFE SPACE
• ‘I will listen if you want to tell me’.
• Barriers - fear of blame, disbelief,
consequences
• People may not know how to talk about their
experience, and may not see it as abuse
May 2010
SCOPE OF SCHOOL INVOLVEMENT
• Legislation requires that collaborative work
between agencies should ‘respect each other’s
functions and expertise’
• Work within the function of the school ie. taking
into account educational priorities
• Focus on promoting resilience and reducing the
risk of adverse outcomes
• Ensure tasks are within the capacity of people
undertaking them
• Maintain boundaries and avoid encouraging
dependence
May 2010
HABITUAL ABSENCE (MRG)
• As a guide minimum of 30 days absent within the
past 100 school days
• May be appropriate to respond earlier for
younger children because of impact of missed
schooling
• Also consider the impact of absences on children
with a cognitive disability or learning difficulties
• Take into account other risk circumstances
creating cumulative harm
May 2010
REPORTING HABITUAL ABSENCE
Report to Child Protection Helpline when:
• School needs statutory authority to make contact
because of no response to many attempts
• Parent refuses to send child to school or
parent/child refuses to use other education
options
• Attempts to assist family have failed
• Parent is unable to address issues
• There are additional risk circumstances and no
effective service involvement
May 2010
RESPONDING TO NEW INFORMATION
• The first MRG decision is not the last word
about the family
• We need to identify new information and be
open to what it means
• We may identify information that wasn’t
available when we completed the MRG
• The family’s circumstances could change, so
we need to take those changes into account
May 2010
SCHOOL MAY BE THE ONLY PLACE
• Where students feel safe
• Where students have contact with an adult who
listens
• Where an adult is watching out.
May 2010
EXERCISE
• In pairs –recall a difficult encounter you have had
with a family
• Tell your partner in 30 seconds the following
– What did it feel like
– Why do you still remember it
– What was the issue
– Was it resolved – yes/no and why
– What was 1 learning from the experience
May 2010
WHAT MAKES CONVERSATIONS
ABOUT TOUGH STUFF EASIER?
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Trust between the parties
Some advance warning
Not being judged or blamed
Issues explained clearly
Relief that things are in the open
Hope about the outcome
Support to address the issues
May 2010
WHEN ARE CONVERSATIONS BETWEEN
PARENTS & SCHOOL STAFF TOUGHEST?
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Little previous contact
Parents had negative experiences at school
Parents find it hard to express their concerns
Parents feel ambushed
Parents feel they or their child is under threat
Parents feel embarrassed or powerless
Parents think no one is listening
May 2010
INVITE PARENTS TO GET IN FIRST
• ‘What do you know about the reason for this
meeting?’
• ‘What do you know about what has been
happening at school for Joe?’
• It is often less threatening if parents can talk first
• If parents talk first you can use their language for
concerns
• Ask parents to help you understand how they see
things differently
May 2010
STUDENT NOT
SCHOOL FOCUS
• I’m concerned that the issues in class are
making it hard for Ben to learn, and for other
students to learn.
Vs
• The school isn’t happy about Ben’s issues in
class.
or
• Ben’s issues in class are causing problems for
the school.
May 2010
SEPARATE THE PROBLEM FROM THE PERSON
(STUDENT EXAMPLE)
• If this trouble in the playground keeps going, it
will lead to suspension.
Vs
• You need to improve your act or you will get
suspended.
May 2010
SEPARATE THE PROBLEM FROM THE PERSON
(ADULT EXAMPLE)
• Drinking gets in the way of your children
getting the basic care they need.
Vs
• You are an alcoholic and you are
neglecting your kids.
May 2010
EXERCISE
• Focusing on strengths rather than deficits,
makes a difference in our approach to children
and families
May 2010
BE CLEAR ABOUT THE ‘TAKE AWAY’
MESSAGE FOR PARENTS
• Are you giving information?
• Are you taking action?
• Are you asking the parent and/or
student to take action?
May 2010
TAKING LEADERSHIP WHILE WORKING
WITH FAMILIES ON THE TOUGH STUFF
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Model respect with families and agencies
Try to learn from mistakes
Stay hopeful but be honest about concerns
Listen and avoid blame or judgment
Look for strengths
Notice change (with families and agencies).
May 2010
CASE STUDY
• Verity – Handout – discuss what would you do
in the school
May 2010
CASE STUDY
• Verity – Handout – discuss what would you do
in the school
Teacher to contact mum to see if everything
is OK?
May 2010
CASE STUDY
• Then mum provides the following information
– She discloses to the teacher that the step father has
been drinking a lot lately and last week Steve
pushed her. The mum was sure that Verity or the
other children did not know as they were in their
rooms. She also states that Verity is her main
support at home and helps a lot with the younger
children as she finds it difficult at present
• What do you do now?
May 2010
SCOPE OF SCHOOL ACTION
Need to consider the following:
• Duty of care – what is reasonable?
• Capacity – what is possible?
• Boundaries – what is acceptable to the family
and sustainable by the community?
May 2010
EXERCISE
• In small groups discuss
– Who would you involve at the school?
– What can the school do?
– What's reasonable?
• You decide to contact the mum as Community
Services will not respond
– What do you say to the mum?
– What do you say to Verity?
May 2010
HOW DO WE KEEP NOTES ON THIS MATTER
• What did you notice when speaking to the mum?
• What do you write down?
• Who do we need to tell about this?
Tips for notes
• Write in the third person
• No waffle
• Date, sign, position
Confidentiality
• Keep under National Privacy principles
May 2010
FINDING HELP FOR FAMILIES
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Financial assistance
Family support
Legal advice
Counselling
Mental health issues
Drug and alcohol issues
Housing
Domestic violence
Parenting education
May 2010
WHEN THE FAMILY SAYS ‘NO’
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Don’t take it personally
Keep communication open
Sometimes a letter will help
Avoid pressuring or shaming
Keep alert for another opportunity
May 2010
EXCHANGING INFORMATION
• Understand current legislation in relation to
information exchange relating to children and young
people
• Understand your responsibilities regarding
confidentiality and record keeping taking account of
the new legislation
May 2010
COLLECTING AND STORING
STUDENT INFORMATION
• Only collect necessary information
• Don’t use information for other purposes without
consent
• Maintain current information
• Take reasonable steps to protect information
• Be open about what you collect and why
• Only collect sensitive info (eg. health) with consent
May 2010
EXCHANGING INFORMATION WITH
COMMUNITY SERVICES
• S.248 Children and Young Persons (Care and
Protection) Act 1998
• Relates to safety, welfare and wellbeing of a child (<
16 yrs) or young person(16-17 yrs)
• Any info related to Community Services (CS)
functions
• If CS requests schools must provide it
• Schools can also request info from CS
May 2010
PRINCIPLES OF CH 16A
INFORMATION EXCHANGE
• Agencies should be able to exchange info re
safety, welfare and well-being of children
• Work collaboratively and respectfully
• Need to provide services takes precedence over
confidentiality or privacy
May 2010
INFORMATION EXCHANGE UNDER
CHAPTER 16A
Prescribed bodies can:
• Request information
• Provide information in response to a request
• Initiate provision without a request
May 2010
CHAPTER 16A EXCHANGES
MUST RELATE TO:
• Information about safety, welfare or wellbeing of a
child or young person
• Assisting making a decision, assessment or plan; or
• Conducting an investigation; or
• Providing any service; or
• Managing any risk to children or young people
related to employment/out of home care
May 2010
PROTECTION FROM LIABILITY
• If you act lawfully and in good faith
• No legal liability
• No breach of standards, etiquette or ethics
May 2010
WHAT CAN BE REQUESTED?
• Information may be shared if it relates to:
• a child or young person’s history or circumstances;
and/or
• a parent or other family member; and/or
• people having a significant or relevant relationship
with a child or young person; and/or
• the other agencies’ dealings with the child or young
person, including past support or service arrangements
May 2010
HOW IS INFORMATION EXCHANGED?
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No legal restrictions
Written exchange is clearest
Can use forms, letters, email etc
May exchange verbally e.g. at a meeting, or by
phone if need is urgent
• Recommend making a written record of verbal
communications
May 2010
GROUNDS FOR REFUSING TO PROVIDE
INFORMATION
• Defined by legislation
• Mainly relate to legal issues
• Cannot identify a reporter of risk of significant harm
under Ch 16A
• Can withhold information if there is a reasonable
belief that provision would endanger a person’s life
or physical safety
• You must give reasons in writing if you refuse to
provide information
May 2010
CAN INFO BE PASSED ON?
• Prescribed bodies can only exchange information for
purposes associated with the safety, welfare or
wellbeing or a child or young person
May 2010
INITIATING PROVISION
• A prescribed body can provide information
without receiving a request
• You can provide information to the prescribed
body where you believe the information would
assist the recipient.
May 2010
PURPOSE OF PART 5A
• Intended to promote safer schools
• Info obtained from other schools and certain
government agencies without consent
• Apply where student’s violent behaviour poses
current risk to health and safety
• Apply at or after enrolment
• Info needed for risk assessment or planning
May 2010
PROTECTION UNDER S.26F
• Information must be provided in good faith and
with reasonable care
• No liability for defamation
• No grounds for other civil proceedings
• No breach of etiquette, ethics or standards
• Cannot disclose identity of mandatory reporter
• Certain NSW Health Administration staff exempt
May 2010
PART 5A Vs CH 16A
• Different purposes
• School focus Vs individual student focus
• Different guidelines for involving and advising
parents and students
• Different grounds for refusing requests
• Different agencies are specified
• Different templates
May 2010
INFO EXCHANGE SUMMARY
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Must be for lawful purposes
Must be between relevant agencies
Best if transparent
Decision about involvement of family on case by
case basis
• Refer to policies and procedures
• Ensure adequate recording and storage.
May 2010
INFO EXCHANGE PROCEDURES
• Principals are required to refer all requests for
information received/asked for or school
initiated to the Executive Assistant to the
Director for formal written responses or
requests. A copy will be provided to the school
for their records.
May 2010