Safeguarding Policy
Safeguarding Policy
Information and Student Support
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Safeguarding Policy Contents: 1. Policy introduction, statement and principles
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2. Terminology and Definitions
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3. Legal Framework
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4. Young people and vulnerable adults who may be particularly vulnerable
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5. Roles and responsibilities
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6. Disclosure of abuse and reporting concerns
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7. Allegations against staff
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8. Safer recruitment
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9. Staff training
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10. E-Safety
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11. Confidentiality and sharing information
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12. Complaints procedure
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13. Reporting and updating responsibilities
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14. Document control
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1. Policy Introduction. 1.1 Safeguarding is an all-encompassing term used to describe many aspects of college life including: Learner health, safety and welfare; Bullying; Harassment and discrimination including racist abuse; The use of physical intervention; Meeting the needs of students with medical conditions; First aid; Alcohol, drug and substance misuse; Educational visits; Intimate care; Internet safety; The security and safety of the college campus or place of learning; and Issues which may be specific to the local area or population, for example child sexual exploitation or gang activity. 1.2 This policy covers all college students whether they are based on or off campus, will be reviewed at least annually and is linked with the following policies and procedures: Bullying & Harassment Policy; Data Protection and Information Sharing Policy; Substance Misuse Policy; Health and Safety Policy; Whistle Blowing Policy; Safer Recruitment Procedures; Staff Allegations Procedures; Staff Professional Guidelines; Complaints Procedures; and Single Equality Scheme 1.3 Policy statement Hopwood Hall College has a commitment to the well-being of both learners and staff (children/young people and those deemed to be vulnerable adults) and fully recognises the contribution it can make to protect and support them. The college has a moral and statutory duty to safeguard and promote the welfare of all its students and endeavours to create and maintain a safe and welcoming learning environment where they are respected and valued. The college will identify where there are concerns regarding its students and take action to address them in partnership with other organisations where appropriate. 1.4 The Principal and the Board of Governors recognise their responsibility in ensuring that arrangements are in place to safeguard and promote the welfare of our students, as defined and required by the relevant statutory instruments. 1.5 The procedures contained in this policy apply to all staff and governors and are consistent with those of the Rochdale Borough Safeguarding Children’s Board (RBSCB). 1.6 Policy principles: Welfare of the student is paramount; All students have equal rights to protection regardless of age, sex, ability, culture, ethnicity, language, religion or belief, sexual identity and orientation, gender identity and socio-economic status. This policy will not discriminate either directly or indirectly against any individual on these grounds; All staff have an equal responsibility to act on any suspicion or disclosure that may suggest a student is at risk of harm; and Students and staff involved in Safeguarding issues will receive appropriate support and training Page 3 of 10
1.7 Policy aims: To ensure all staff are informed and aware of the Colleges Policy, guidelines and procedures to enable them to meet their safeguarding responsibilities; To encourage self-awareness and an atmosphere in which learners find staff approachable to enable communication of any issues which may be affecting their lives; To provide support and promote clear lines of communication with staff members; To ensure consistent good practice in following procedures thereby ensuring staff respond appropriately and sensitively to Safeguarding issues; and To demonstrate the college’s commitment with regard to safeguarding to students, parents and other partners
2. Terminology and Definitions 2.1 Terminology: Child refers to all young people who have not yet reached their 18th birthday
Vulnerable adult refers to someone who is, or may be in need of, care services by reason of mental or other disability, age of illness and who is or maybe unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation;
Safeguarding and promoting the welfare of children refers to the process of protecting children from abuse or neglect, preventing the impairment of health or development, ensuring that children grow up in circumstances consistent with the provision of safe and effective care and undertaking that role so as to enable those children to have optimum life chances and to enter adulthood successfully;
Child protection refers to the processes undertaken to protect children who have been identified as suffering, or being at risk of suffering significant harm; and
Staff refers to all those working for or on behalf of the College, full time or part time, in either a paid or voluntary capacity.
2.2 Definitions (Taken from Working Together to Safeguard Children - HM Government, 2006) Physical Abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm. Physical harm may also be caused to a child when a parent/carer fabricates the symptoms of, or deliberately induces, illness;
Neglect is the persistent failure to meet basic physical and/or psychological needs, likely to result in the serious impairment of health or development. It may involve: Failing to provide adequate food & clothing and shelter including exclusion from home or abandonment; Failing to protect from physical harm or danger; Failing to ensure adequate care or supervision (including the use of inadequate carers); Failing to ensure access to required medical care or treatment; It may also include neglect of, or lack of responsiveness to, basic emotional needs; and Neglect may also occur to an unborn child during pregnancy as a result of maternal substance
Sexual Abuse involves forcing or enticing a young person or vulnerable adult to take part in sexual activities, including prostitution, whether or not they are aware of what is happening. The activities may involve physical contact, including penetrative acts or non-penetrative acts. They may include non-contact activities such as involving looking at involvement in the production of sexual online material, watching sexual activities, or encouraging inappropriate sexual behaviour.
Emotional Abuse is the persistent emotional mal-treatment such as to cause severe and persistent adverse effects on emotional development or wellbeing. It may involve: Conveying that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person; Page 4 of 10
Age or developmentally inappropriate expectations. These may include interactions that are beyond developmental capabilities, as well as overprotection and limitation of exploration and learning, or preventing participation in normal social interaction; Serious bullying, causing a young person or vulnerable adult to frequently feel frightened or in danger; The exploitation or corruption of a child, young person or vulnerable adult.
2.3 In addition to definitions provided above, in the context of vulnerable adults the following definitions apply: Psychological Abuse: Including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation, or withdrawal from services or supportive networks.
Financial or material Abuse: Including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.
Neglect: Including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating.
Discriminatory Abuse: Including racist, homophobic, transphobic and sexist abuse or harassment, abuse or harassment based on disability, religion or belief or other forms of harassment, slurs or similar treatment.
3. Legal Framework 3.1 The paragraphs below set out the main legal framework for the role of the College and Governing Body in relation to Safeguarding as at September 2012. 3.2 Section 175 of the Education Act 2002 Requires LEAs and governing bodies of schools and FE institutions to make arrangements to ensure that their functions are carried out with a view to safeguarding the welfare of children, young people and vulnerable adults. In addition, they must take note of any guidance issued by the Secretary of State in considering what arrangements they need to make. 3.3 Sexual Offences Act 2003 It is an offence for a person over the age of 18 to have a sexual relationship with a person under the age of 18, where that person is in a position of trust, even if the relationship is consensual. This means that any sexual activity between a member of the staff and a student under 18 may be a criminal offence, even if that student is over the age of consent. 3.4 Full guidance on behaviour and relationships can be found in the Colleges Professional Guidelines 3.5 Safeguarding Children in Education 2004 Provides guidance on the duties of FE institutions with respect to having arrangements in place to safeguard and promote the welfare of children, young people and vulnerable adults. The guidance requires Governing Bodies to undertake an annual review of the safeguarding policies and procedures and how these duties have been discharged. The governing body also has a responsibility to remedy any weaknesses with respect to the College’s safeguarding arrangements which are brought to its attention. 3.6 Working Together to Safeguard Children / Young People (2006; updated April 2010; revised guidance out to consultation from September 2012) Provides statutory guidance on the roles and responsibilities of agencies working together to safeguard children / young people. In addition it sets out the framework for the formation of Local Safeguarding Children Boards and also details the allegation management process. Page 5 of 10
3.7 Revised Guidance on Safeguarding Children and Safer Recruitment in Education (2010) Sets out requirements relating to the qualifications of people involved in recruitment panels 3.8 The Equality Act (2010) The Equality Act 2010 protects and promotes equality for different groups of people and incorporates a range of protected characteristics covering age, disability, gender identity, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. The Act places a Public Sector Equality Duty consisting of a general and specific duty on FE institutions. The duty places a legal responsibility to have regards to eliminate unlawful discrimination, harassment and victimisation, advance equality of opportunity and foster good relations between different groups of people. 3.9 The Protection of Freedoms Act 2012 (Supersedes The Safeguarding Vulnerable Groups Act 2006). Disclosure & Barring Service will be introduced in December 2012 but changes will start from September 2012 which includes: New definition of regulated activity; Repeal of controlled activity; Repeal of registration and continuous monitoring; Repeal of additional information; Minimum age (16) at which someone can apply for a CRB check; and More rigorous ‘relevancy’ test for when the police release information held locally on an enhanced CRB check.
4. Young people and vulnerable adults who may be particularly vulnerable 4.1 Some students within the college have an increased risk of abuse. Many factors can contribute to an increase in risk, including prejudice and discrimination, isolation, social exclusion, communication issues and reluctance on the part of some people to accept that abuse can occur.
4.2 To ensure that all of our students receive equal protection, we will give special consideration to those who are: living away from home (including Looked After Children); disabled or have special educational needs; living in a domestic abuse situation; affected by parental substance misuse; asylum seekers; living away from home; vulnerable to being bullied, or engaging in bullying ; living in temporary accommodation; live transient lifestyles; living in chaotic and unsupportive home situations; vulnerable to discrimination and maltreatment on the grounds of race, ethnicity, religion or sexuality; involved directly or indirectly in sexual exploitation including prostitution and/or trafficking; at risk of radicalisation; and do not have English as a first language.
5. Roles and responsibilities 5.1 The governing body is committed to ensuring that the College: raises awareness of issues relating to safeguarding and promoting the welfare of young people and vulnerable adults in the College; provides a safe environment for young people and vulnerable adults; identifies young people and vulnerable adults who are suffering, or at risk of suffering significant harm and takes appropriate action to see that they are kept safe; has procedures for reporting and dealing with allegations of abuse against members of staff and volunteers; Page 6 of 10
operates safe recruitment procedures; designates a member of staff with sufficient authority to take lead responsibility for safeguarding; remedies any deficiencies in or weaknesses in regard to safeguarding arrangements that are brought to the Governing Body’s attention
5.2 The Governing Body will approve and annually review College safeguarding policy and procedure/s. Designated Governor (Linda Feerick). 5.3 The Designated Governor is responsible for liaising with the Principal and Senior Staff Member with Lead Responsibility over matters regarding safeguarding, including: ensuring that the College has procedures and policies which are consistent with the Local Safeguarding Board's procedures; ensuring that the governing body considers the College policy on safeguarding each year; ensuring that each year the Governing Body is informed of how the College and its staff have complied with the policy, including but not limited to, a report on the training that staff have undertaken and safeguarding incidents. 5.4 The Designated Governor is responsible for overseeing the liaison with external agencies in connection with allegations made against the Principal or Staff Member with Lead Responsibility. This will not involve undertaking any form of investigation, but will ensure clear and transparent communication between the parties and provide information to assist enquiries. To assist in these duties, the Designated Governor shall receive appropriate training 5.5 Staff Member with Lead Responsibility (Luke Goodlet and Nimisha Mistry) The College has a named senior member of staff and a member of the Senior Management Team with lead responsibility for safeguarding. They will have a duty to take lead responsibility for raising awareness within the staff of issues relating to the welfare of young people and vulnerable adults, and the promotion of a safe environment for both learning and those being cared for within the College. They will receive training in safeguarding and inter-agency working, as required by the Local Safeguarding Children Board (LCSB), and will receive refresher training at least every 2 years. They will keep up to date with developments in safeguarding issues. 5.6 The staff members with lead responsibility is responsible for: Overseeing the referral of cases of serious harm; Providing advice and support to other staff on issues relating to safeguarding; Maintaining a proper record of any safeguarding referral, complaint or concern (even where that concern does not lead to a referral); Ensuring that parents of young people and vulnerable adults within the College are aware of the College’s safeguarding policy; Liaising with agencies as appropriate; To ensure that appropriate arrangements / protocols are followed school pupils to safeguard them whilst undertaking college programmes; Ensuring that staff receive basic training in safeguarding issues and are aware of the College safeguarding procedures; Ensuring safer recruitment procedures are in place (HR); Overseeing allegations made against members of staff; Reporting annually to the governing body of the College on how the College has discharged its duties; and Reporting deficiencies in procedure to the governing body at the earliest opportunity. 5.7 Designated Officers There is one designated officer on each campus that has specific responsibility for operational safeguarding arrangements. These Designated Officers: Have received training in safeguarding and inter-agency working, as required by the LSB, and will receive refresher training at least every 2 years; Know how to receive and make an appropriate referral; Are available to provide advice and support to other staff on issues relating to safeguarding Page 7 of 10
Will deal with individual cases, including attending case conferences and review meetings as appropriate; Ensure all safeguarding issues / referrals are logged and reported centrally; and Will refer any concerns regarding potential bullying, harassment and extremism incidents to the Lead for Equality and Diversity.
5.8 The deputy designated officer(s) is appropriately trained and, in the absence of the designated person, carries out those functions necessary to ensure the on-going safety and protection of students. In the event of the long-term absence of the designated person, the deputy will assume all of the functions above. 6. Dealing with disclosure of abuse and reporting concerns 6.1 Sometimes a member of staff may have suspicions that a student is being abused or is at risk of significant harm. A student may also disclose to a member of staff that s/he is being abused. In these circumstances, the procedure outlined below should be followed: Reporting to Designated Staff Staff should report any concerns, suspicions or disclosures immediately to one of the Designated Officers via the dedicated telephone numbers.
Significant Concerns: If a member of staff has significant concerns about a young person or vulnerable adult, s/he should call contact a Designated Officer immediately via the dedicated telephone number, who will consider and advise whether the concerns should be formally referred by the college.
Disclosure of Abuse: If a young person or vulnerable adult discloses abuse, or if abuse is suspected, staff should: Listen carefully and stay calm; Question normally using open questions, and without pressure, in order to be sure that what the young person or vulnerable adult is saying is fully understood; Reassure them that by telling a member of staff, they have done the right thing; Inform them that the information must be passed on, but that only those who need to know about it will be told. Inform the young person or vulnerable adult to whom the matter will be reported; and Contact a Designated Officer via the dedicated safeguarding telephone numbers. Staff should not: Ask leading questions; Try to investigate concerns or allegations; Discuss disclosure information with other members of staff; and Promise confidentiality.
Reporting to the Principal The Designated Officer must notify the Principal as soon as practicable of any serious disclosure or suspicion being raised, and always within 24 hours.
Contact with Social Care The Designated Officer (or the Principal) must report the matter Social Care or to the Police immediately by telephone and follow this up in writing within 24hrs.
6.2 The Designated Officer should discuss with the social worker: The action taken to inform the parents of the young person or vulnerable adult if appropriate. A note of that conversation should be made. The process for keeping the College informed of further action taken 6.3 Under 16 College Learners
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In the case of a young person attending college from a school, the Designated Officer should liaise closely with the school’s Designated Safeguarding Officer and keep the Manager of 14-16 informed fully at all stages.
7. Reporting and dealing with safeguarding allegations against staff. 7.1 Staff who are concerned about the conduct of a colleague towards a student are undoubtedly placed in a very difficult situation. They may worry that they have misunderstood the situation and they will wonder whether a report could jeopardise their colleague’s career. All staff must remember that the welfare of the students is paramount. The College’s Whistle Blowing Policy enables staff to raise concerns or allegations in confidence and for a sensitive enquiry to take place. 7.2 When an allegation is made against a member of staff, set procedures must be followed. Staff who are the subject of an allegation have the right to have their case dealt with fairly, quickly and consistently and to be kept informed of its progress. Suspension is not mandatory, nor is it automatic but, in some cases, staff may be suspended where this is deemed to be the best way to ensure that students are protected. 7.3 Allegations against staff should be reported to the Designated Officer in the first instance who will refer to the College Senior Lead for Safeguarding and/or HR for investigation. Full guidance on dealing with allegations against staff can be found in the Colleges ‘Staff Allegations Procedure’.
8. Safer Recruitment 8.1 The college endeavours to ensure that we do our utmost to employ ‘safe’ staff by following the guidance in Safeguarding Children and Safer Recruitment in Education (pp20-54).
8.2 Safer recruitment means that all applicants will:
complete an application form; provide two referees, including at least one who can comment on the applicant’s suitability to work with children; provide evidence of identity and qualifications; be checked through the Criminal Records Bureau as appropriate to their role; be interviewed.
8.3 Full guidance on safer recruitment can be found in the Colleges Safer Recruitment Procedures.
9. Staff Training 9.1 The Principal, Governors and all staff working with young people and vulnerable adults will receive training adequate to familiarise them with safeguarding issues and responsibilities and the College policy and procedures, with refresher training at least every three years. 9.2 All new members of staff will undergo an induction that includes basic Safeguarding training and familiarisation with the college’s Safeguarding Policy and procedure. 9.3 All staff sign via NETConsent to confirm they have read the College’s Safeguarding Policy and procedures.
10. e-Safety 10.1 Mobile phones and computers are a source of fun, entertainment, communication and education. However, some will use these technologies to harm others. The harm might range from sending hurtful or abusive texts and emails, to enticing young people or vulnerable adults to engage in sexually harmful conversations online, webcam filming, photography or face-to-face meetings. Cyber-bullying by students, via texts and emails, will be treated as seriously as any other type of bullying and will be managed through our anti-bullying and or disciplinary procedures.
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Full guidance on bullying and disciplinary procedures can be found in the Colleges Bullying & Harassment Policy and Student Disciplinary Policy and Procedures. Page 9 of 10
11. Confidentiality and sharing information 11.1 Safeguarding information will be stored and handled in line with Data Protection Act 1998 principles. Information is: processed for limited purposes; adequate, relevant and not excessive; accurate; kept no longer than necessary; processed in accordance with the data subject’s rights; and secure. 11.2 Safeguarding Referral forms and any other related sensitive information will be stored electronically and will be password protected and only made available to relevant individuals.
11.3
Safeguarding records are normally exempt from the disclosure provisions of the Data Protection Act, which means that students and parents / legal guardians do not have an automatic right to see them. If any member of staff receives a request from a student or parent/ legal guardian to see safeguarding records, they will refer the request to the Data Protection Officer
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The Data Protection Act does not prevent the sharing of safeguarding information with relevant agencies, where that information may help to protect a student.
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Full guidance can be found in the Colleges Data Protection and Information Sharing Policy.
12. Complaints procedure The Colleges complaints procedure will be followed where a student or parent / legal guardian raises a concern about poor practice towards a student that initially does not reach the threshold for Safeguarding action. Complaints are managed by the Director for Information and Funding. Full guidance on the complaints procedure can be found in the colleges Complaint Procedure.
13. Reporting and updating responsibilities The College Senior Lead for Safeguarding will ensure that safeguarding reports and records are maintained securely and confidentially, that the College Senior Management Team, E&D Group and Governors are updated regularly on safeguarding incidents / reports made within college and that the Safeguarding Policy is reviewed annually and report to Governors and staff on relevant changes and updates
14. Document control Date of Policy: 28th August 2012 (updated 30th October 2012) Date of EIA: by Wendy Higgin and Nimisha Mistry on 28th August 2012 Date for Policy Review: August 2013 or as new relevant guidance is issued, whichever is earlier.
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