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Safeguarding: A guide to legislation 29th April 2015 Anna Marie Anderson, Business, Leadership and Governance Adviser, HSIP 1 What are the safeguarding duties of schools? All school staff have a responsibility to: ● Provide a safe environment for children and young people to learn in education settings; ● Identify children and young people who are suffering or likely to suffer significant harm, and take appropriate action with the aim of making sure they are kept safe both at home and in the education setting ● Work with designated safeguarding leaders in school and through interagency working The Teacher Standards 2012 2 Safeguarding is prominent in the news ● Schoolboy, William Cornick who murdered his teacher, Ann Maguire ● Schools suspend staff in child protection confusion ● Sex teacher, Stuart Kerner spared jail after judge says he was “groomed” by 16 year old girl ● Pupil sex teacher Simon Parsons jailed over Thornbury school relationship ● Female teacher faces jail for sexual abuse of male student,16 3 Safeguarding and child protection: an update ● School inspection handbook April 2015 ● Inspecting safeguarding (Briefing) April 2015 ● DfE statutory guidance for schools, March 2015: Keeping children safe in education ● Working Together to safeguard children (March 2015) ● Channel Guidance & Prevent strategy for protecting people at risk from radicalisation ● Safeguarding children and young people from sexual exploitation 4 Working Together to Safeguard Children (March 2015) ● This guidance covers the legislative requirements and expectations on individual services to safeguard and promote the welfare of children; and ● A clear framework for Local Safeguarding Children Boards (LSCBs) to monitor the effectiveness of local services ● This document replaces Working Together to Safeguarding Children (2013). Links to relevant supplementary guidance that professionals should consider alongside this guidance can be found in Appendix C ● Working Together to safeguard Children (2013) replaced Working Together to Safeguard Children (2010; The Framework for the Assessment of Children in Need and their Families (2000); and Statutory guidance on making arrangements to safeguard and promote the welfare of children under section 11 of the Children Act 2004 (2007). 5 Working Together to Safeguard Children (March 2015) ● The difference between Working Together 2013 and Working Together 2015 is not immediately apparent. In other words, this is not on the same scale as the major rewrite we saw in 2013 from Working Together 2010. Adaptations include: ● A reference to children who have been or may be sexually exploited, children who have undergone or may undergo female genital mutilation and children who have been or may be radicalised (page 15) ● Signposting to new Information Sharing Advice which supersedes the 2008 guidance 6 Working Together to Safeguard Children (March 2015) ● The new Information sharing advice says “human rights concerns, such as respecting the right to a private and family life would not prevent sharing where there are real safeguarding concerns.” ● The new Information Sharing Advice says in 2 different places that “fears about sharing information cannot be allowed to stand in the way of the need to safeguard and promote the welfare of children at risk of abuse or neglect”. It addition it says that “poor or non-existent information sharing is a factor repeatedly flagged up as an issue in Serious Case Reviews.” 7 Keeping Children Safe in Education 2015 ● This document was updated on 26th March 2015. ● This guidance replaces Keeping Children Safe in Education 2014, which replaced: - Safeguarding Children and Safer Recruitment in Education (December 2006) and - Dealing with allegations of abuse made against teachers and other staff (2012) 8 Keeping Children Safe in Education 2015 ● This documents contains information on what schools and colleges should do, and sets the legal duties with which schools and colleges must comply. It should be read alongside statutory guidance Working Together to Safeguard Children 2015, which applies to all schools, and departmental advice What to do if you are worried a child is being abused 2015 – Advice for Practitioners 9 Keeping Children Safe in Education 2015 ● There are a large number of changes in the new guidance, including: ● The emphasis that schools should ‘think the unthinkable’ and accept that child abuse can happen anywhere, including in schools ● An emphasis that any adult in school can report their concerns direction to social care or the police ● To make a clear policy statement about the Disclosure and Barring Service (DBS) checks that will be carried out on volunteers and governors ● To raise awareness of child sexual exploitation and female genital mutilation (FGM) ● Ensuring that the school’s safeguarding and child protection policy is available on their website 10 Keeping Children Safe in Education 2015 ● The Governement’s statutory guidance on safeguarding lists 16 specific safeguarding issues. ● It states that Expert and professional organisations are best placed to provide up-to-date guidance and practical support on specific safeguarding issues. For example NSPCC offers infrmation for schools and colleges on the TES website and also on its own website www.nspcc.org.uk 11 Keeping Children Safe in Education 2015 ● ● ● ● ● ● ● ● ● ● ● ● ● ● ● Child sexual exploitation (CSE) Bullying, including cyberbullying Domestic violence Drugs Fabricated or induced illness Faith abuse Female genital mutilation (FGM) Forced marriage Gangs and youth violence Violence against women and girls (VAWG) Mental health Private fostering Radicalisation Sexting Teenage relationship abuse 12 Keeping Children Safe in Education 2015 ● Activity 13 Governing bodies should prevent people who pose a risk of harm from working with children by: ● Adhering to statutory responsibilities to check staff who work with children ● Taking proportionate decisions on whether to ask for checks beyond what is required ● Ensuring that volunteers are appropriately supervised ● Making sure that at least one person on any appointment panel has undertaken safer recruitment training ● Ensuring that there are procedures in place to handle allegations against members of staff and volunteers 14 OFSTED Inspecting safeguarding in maintained schools and academies (Sept 2014 Ref 140143) ● Governing Bodies must ensure they comply with their safeguarding duties under legislation ● Must ensure policies, procedures are effective and comply with the law at all times ● There must be procedures in place to make a referral to the Disclosure and Barring Service (DBS) ● It is the Governing Body’s responsibility to ensure that safe recruitment checks are carried out in line with statutory requirements ● Schools and colleges must keep a single central record of checks 15 Governing bodies should prevent people who pose a risk of harm from working with children by: ● Making sure that there are procedures in place to handle allegations against other children ● Putting in place appropriate safeguarding responses to children who go missing from education settings, particularly on repeat occasions ● Governing bodies must appoint a designated teacher to promote the educational achievement of children who are looked after and ensure this person has appropriate training. Governing bodies proprietors should ensure that staff have the skills, knowledge and understanding necessary to keep looked after children safe 16 How can the GB monitor the effectiveness of the School’s arrangements for behaviour and safety? • Activity 17 How can the GB monitor the effectiveness of the School’s arrangements for behaviour and safety? • The Governing Body should ensure that: • It remedies without delay any deficiencies or weaknesses in regard to child protection arrangements • Has nominated a governor to be responsible for liaising with the LA in the event of allegations of abuse against the Headteacher and to liaise with and receive feedback from the DCPO • Reviews its policies annually • Key members of GB are safer recruitment trained • Terms of Reference of its Resources Committee include responsibility for health and safety and governors are accurately aware of risk assessments and vulnerabilities 18 How can the GB monitor the effectiveness of the School’s arrangements for behaviour and safety? • Scrutiny of documentation might include: • Scrutiny of policies against a checklist • Evidence of staff training relevant to safeguarding • Evidence that the school has clear systems for recording incidents, issues and concerns about children’s well-being, the actions taken and the agreements with other services • Scrutiny of the SCR (eg your schools proforma) • Scrutiny of recruitment procedures • Scrutiny of risk assessments and of incident logs, fire drill records • Behaviour logs including separate identification of racist and other prejudice-related bullying incidents • Recording of every incident where restraint / physical intervention has been used • Exclusions data • Attendance data and school leaders’ analysis 19 How can the GB monitor the effectiveness of the School’s arrangements for behaviour and safety? GB monitoring activities might include: ● Regular health and safety walks around the site with HT and site manager ● Listening to pupil and parent ‘voice’ about bullying, safety, the curriculum ● Talk to children who are newer arrivals at the school ● Sampling the awareness and knowledge of staff ● Visits at lunchtimes to the playground & canteen (and visiting places where children have said they don’t feel safe) ● Visits to classrooms accompanied by a senior leader with a behaviour for learning focus 20 How can the GB monitor the effectiveness of the School’s arrangements for behaviour and safety? Reporting arrangements might include: ● Regular meetings: designated governor and DCP lead ● Termly reports to the relevant GB committee: - compliance with statutory requirements / guidance - DCP evaluation of casework and outcomes for individual pupils ● Reports from key staff eg behaviour management and its impact, racist incidents and follow up, attendance issues and impact of school actions ● Management of transition, particularly for vulnerable pupils, from one key stage to another & from one school to another 21