Godolphin&Latymer
Safeguarding (Child protection) and Recruitment Policy
Reviewer: PC / reviewed June 2013 Next review date June 2014
Awaiting approval of Governors December 2013
CONTENTS 3
Policy Statement
5
Types of abuse; Signs of abuse
6
The Designated Persons
7-‐9
Duties of employers, governors and volunteers; whistle-‐blowing and procedures
10
Flowchart
APPENDICES 11-‐13 Appendix 1: Safeguarding Induction Training for new staff 14
Appendix 2: Working with the Local Safeguarding Children Board & Other Agencies
16
Appendix 3: Guidelines for dealing with disclosures from girls: briefing for staff
17
Appendix 4: Safeguarding Children: advice for staff and volunteers
18
Appendix 5: Confidentiality Policy
20
Appendix 6: Managing Allegations Against Staff
23
Appendix 7: Key terms and definitions, including further details on signs of abuse
25
Appendix 8: Action by the Designated Person
26
Appendix 9: Contact numbers
2
Policy statement This policy has been authorised by the Governors, is addressed to all members of staff and volunteers, is available to parents on request and is published on the School website. It applies wherever staff or volunteers are working with pupils even where this is away from the School, for example at an activity centre or on an educational visit. The policy is in accordance with locally agreed inter-‐agency procedures. Every pupil should feel safe and protected from any form of abuse which, in this policy, means any kind of neglect, non-‐accidental physical injury, sexual exploitation or emotional ill-‐treatment. The Godolphin and Latymer School is committed to safeguarding and promoting the welfare of children and young people and expects all staff and volunteers to share this commitment. The School will take all reasonable measures to:
•
ensure that we practise safer recruitment in checking the suitability of people who serve on the Governing Body, staff and volunteers (including staff employed by another organisation) to work with children and young people in accordance with the guidance given in Safeguarding Children and Safer Recruitment in Education*, as per the School’s Recruitment Policy, the Education (Independent School Standards) (England) Regulations 2003 as amended; * N.B. Due to be replaced by ‘Keeping Children Safe in Education’ (2013, DfE)
•
ensure that the School satisfies its referral obligations to the Disclosure and Barring Service (DBS) when it has dismissed or removed any person (whether employed, contracted, a volunteer or student) from working with children (or would have done so had that person not left or resigned) because that person has been convicted or cautioned for a relevant offence; or was engaged in action or inaction that harmed a child or put the child at risk of harm; or because it considers a risk of harm still exists;
•
follow the local inter-‐agency procedures of the Tri-‐Borough Safeguarding Children Board;
•
ensure that the school communicates readily with the local safeguarding agency whenever an allegation or disclosure of abuse has been made;
•
protect each pupil from any form of abuse, whether from an adult or another pupil;
•
be alert to signs of abuse both in the School and from outside;
•
deal appropriately with every suspicion or complaint of abuse;
•
design and operate procedures which promote this policy;
•
design and operate procedures which, so far as possible, ensure that teachers and others who are innocent are not prejudiced by false allegations;
•
support a child who has been abused in accordance with her agreed child protection plan;
•
take all practicable steps to ensure that School premises are as secure as circumstances permit as per the School’s Health and Safety and Security Policies;
•
operate clear and supportive policies on drugs, alcohol and substance misuse as per the School’s Drugs Policy;
•
ensure that any deficiencies or weaknesses in child protection arrangements are remedied without delay;
•
ensure that training and structures are in place to ensure that the school does not do anything that may jeopardise a police investigation, such as asking leading questions or attempting to investigate the allegations of abuse (What to do if you’re worried a child is being abused, sections 10.2 and 10.3
3
•
have regard to guidance issued by the Secretary of State for Education (DfE) in accordance with section 157 of the Education Act 2002 and associated regulations.
Every complaint or suspicion of abuse from within or outside the School will be taken seriously and will as and when necessary be referred to the appropriate external agency or body (usually, in the first instance, the Local Authority Designated Officer. For contact details, please see Appendix 9.
4
Types of abuse Abuse can be:
•
physical abuse, for example beating or punching;
•
emotional abuse, for example rejection and denial of affection;
•
sexual abuse, for example sexual assault or encouraging a child to view pornographic material;
•
neglect, for example failure to provide appropriate care including warmth or medical attention.
Signs of abuse Possible signs of abuse include (but are not limited to):
•
the pupil says she has been abused or asks a question which gives rise to that inference;
•
there is no reasonable or consistent explanation for a pupil's injury; the injury is unusual in kind or location; there have been a number of injuries; there is a pattern to the injuries;
•
the pupil's behaviour stands out from the group as either being extreme model behaviour or extremely challenging behaviour; or there is a sudden change in the pupil's behaviour;
•
the pupil asks to drop subjects with a particular teacher and seems reluctant to discuss the reasons;
•
the pupil's development is delayed;
•
the pupil loses or gains weight, combined with other factors, not a lone indicator;
•
the pupil appears neglected, e.g. dirty, hungry, inadequately clothed;
•
the pupil is reluctant to go home, or has been openly rejected by his / her parents or carers.
5
The Designated Persons The School has appointed two senior members of staff with the necessary status and authority (Designated Persons) to be responsible for matters relating to child protection and welfare. The Designated Persons are Phil Culling, Deputy Head, (Designated Person for Lower School) and Julia Hodgkins (to be replaced by Amanda Triccas from September 2013), Senior Teacher, (Designated Person for Middle School and Sixth Form) who may be contacted on 020 8741 1936. The main responsibilities of the Designated Persons are:
•
to be the first point of contact for parents, pupils, teaching and non-‐teaching staff and external agencies in all matters of child protection;
•
to co-‐ordinate the child protection procedures in the School;
•
to maintain an ongoing training programme for all School employees;
•
to undertake training (updated every two years) in child protection and inter-‐agency working;
•
to monitor the keeping, confidentiality and storage of records in relation to child protection;
•
to liaise as appropriate with Local Authority Designated Officers or appointed Social Workers
•
to keep parents informed of any actions to be taken under these procedures in relation to their child in accordance except where referrals need to be made without informing parents in advance;
•
to monitor records of pupils in the School on the Child Protection Register (CPR) to ensure that this is maintained and updated as notification is received;
•
to liaise with other professionals to ensure that children on the CPR are monitored;
•
where appropriate, to take part in the child protection conferences or reviews;
•
to inform the Social Services Department (SSD) in writing when a child on the CPR moves to another school and to inform the new school of the child's status on the CPR.
•
to ensure that training in child protection is updated every three years for all staff. This training includes temporary and voluntary staff who work with children.
The Designated Persons will:
•
advise and act upon all suspicion, belief and evidence of abuse reported to them;
•
keep the Headmistress informed of all actions unless the Headmistress is the subject of a complaint. In this situation, the Designated Persons should consult with Mr Cliff Hampton, Chair of Governors, who would have the responsibility, or in his absence, the Vice Chair of Governors, Mr Jack Boyer;
•
liaise with the SSD and other agencies on behalf of the School.
•
refer all apparent borderline cases to the local authority designated officer, following an allegation or suspicion of abuse. This may be done tentatively without giving names in the first instance.
The Designated Persons have undertaken basic child protection training and training in inter-‐ agency working in June 2011 and will attend refresher training in June 2013 and then at two yearly intervals.
6
Duties of employees, governors and volunteers Every employee and governor of the School as well as every volunteer who assists the School are under a general legal duty:
•
to protect children from abuse;
•
to be aware of the School's child protection procedures and to follow them;
•
to know how to access and implement the procedures, independently if necessary;
•
to keep a sufficient record of any significant complaint, conversation or event;
•
to report any matters of concern to one of the Designated Persons.
Every employee is under a legal duty to undertake appropriate training including refresher training at three-‐yearly intervals. Full staff training was provided in January 2010 and refresher training took place in January 2013. NB All new staff receive training as part of the Induction Programme. Whistleblowing: All staff are required to report to the Headmistress or the Chair of Governors in her absence, any concern or allegations about school practices or the behaviour of colleagues or volunteers which are likely to put pupils at risk of abuse or other serious harm. There will be no retribution or disciplinary action taken against a member of staff for making such a report provided that it is done in good faith. Where serious harm is involved, the police should be involved from the outset. Procedures Initial complaint: A member of staff suspecting or hearing an allegation of abuse:
•
must listen carefully to the child and keep an open mind. Staff should not take a decision as to whether or not the abuse has taken place;
•
must not ask leading questions, that is, a question which suggests its own answer;
•
must reassure the child but not give a guarantee of absolute confidentiality. The member of staff should explain that they need to pass the information to the Designated Persons who will ensure that the correct action is taken;
•
must keep a sufficient written record of the conversation. The record should include the date, time and place of the conversation and the essence of what was said and done by whom and in whose presence. The record should be signed by the person making it and should use names, not initials. The record must be kept securely and handed to one of the Designated Persons. Records of what was said by the girl should be in her own words, not in the adult’s reinterpretation of those words.
Preserving evidence: All evidence, (for example, scribbled notes, mobile phones containing text messages, clothing, computers), must be safeguarded and preserved and should not be interfered with. It is particularly important that computers that might contain relevant evidence are not searched or accessed by the member of staff suspecting or hearing a complaint. Reporting: All suspicion or complaints of abuse must be reported to one of the Designated Persons, or if the complaint involves the Designated Person, to the Headmistress. Referral guidelines: A referral to the SSD will always be made where the allegation is that a member of staff or another person working for the school has harmed or may have harmed a child; has possibly committed a criminal offence against or related to a child, or has behaved towards a child in a way that indicates that they may are unsuitable to work with children.
7
Allegations against staff: The School has procedures for dealing with allegations against staff (and volunteers who work with children) that aim to strike a balance between the need to protect children from abuse and the need to protect staff and volunteers from false or unfounded allegations. Suspension will not be an automatic response to an allegation. Full consideration will be given to all the options, subject to the need to ensure:
•
the safety and welfare of the pupils or pupil concerned; and
•
the need for a full and fair investigation.
Where an allegation or complaint is made against either of the Designated Persons or any other member of staff or a volunteer, the matter should be reported immediately to the Headmistress. Where an allegation or complaint is made against the Headmistress, the person receiving the allegation should immediately inform the Chair of Governors, or in his absence the Vice Chair, without first notifying the Headmistress. Detailed guidance is given to staff to ensure that their behaviour and actions do not place pupils or themselves at risk of harm or of allegations of harm to a pupil. This guidance is contained in the Staff Handbook and Appendix 3 of this safeguarding policy. The School's policy on physical restraint is included in the behaviour policy and the Staff Handbook addressed in its policy on ‘Use of Force’. If the School has dismissed or removed a member of staff (or a governor or volunteer) from working with children (or would have done had the individual not resigned or left of their own accord) because the person has been cautioned or convicted for a relevant offence; or the person has acted or failed to act in a way that has harmed a child or put a child at risk of harm; or no such action/inaction has taken place but there remains a risk of harm, the School will make a referral to the DBS. Any such incidents will be followed by a review of the safeguarding procedures within the School, with a report being presented to the Governors without delay. Allegations against pupils: A pupil against whom an allegation of abuse has been made may be suspended from the School during the investigation and the School's policy on behaviour, discipline and sanctions will apply. The School will take advice from the Local Authority Designated Officer (LADO) on the investigation of such allegations and will take all appropriate action to ensure the safety and welfare of all pupils involved including the pupil or pupils accused of abuse. If it is necessary for a pupil to be interviewed by the police in relation to allegations of abuse, the School will ensure that, subject to the advice of the LADO, parents are informed as soon as possible and that the pupil is supported during the interview by an appropriate adult. In the case of pupils whose parents are abroad, the pupil's Education Guardian will be requested to provide support to the pupil and to accommodate him/her if it is necessary to suspend him/her during the investigation. Suspected harm from outside the School: A member of staff who suspects that a pupil is suffering harm from outside the School should seek information from the child with tact and sympathy using "open" and not leading questions. A sufficient record should be made of the conversation and the member of staff should inform one of the Designated Persons. Informing parents: Parents will normally be kept informed of any action to be taken under these procedures. However, there may be circumstances when the Designated Person will need to consult the LADO and/or the Headmistress before discussing details with parents. Confidentiality and information sharing: The School will keep all child protection records confidential, allowing disclosure only to those who need the information in order to safeguard and promote the welfare of children. The School will co-‐operate with police and social services to
8
ensure that all relevant information is shared for the purposes of child protection investigations under section 47 of the Children Act 1989 in accordance with the requirements of Working Together to Safeguard Children. Monitoring The Designated Persons will monitor the operation of this policy and its procedures and make an annual report to the Governors. The Governors will undertake an annual review of this policy and how their duties under it have been discharged. The Governors will ensure that any deficiencies or weaknesses in regard to child protection arrangements are remedied without delay.
9
Flowchart for a member of staff worried about a pupil Discuss with your Manager as soon as possible
No
Are you worried about a Yes child?
Yes
Are you able to speak directly Yes to the School's Designated Person?
Yes
Discuss your concerns with the School's Designated Person as soon as possible. DO NOT investigate the matter. The Designated Person will decide whether to take action.
Action required? Yes
Police or Social Services may wish to interview you. Share all the information you have with police/social services, school management but do not discuss with others.
10
No
Keep information confidential and keep an eye on the child. If concerned again, discuss with your manager.
Appendix 1: SAFEGUARDING INDUCTION TRAINING FOR NEW STAFF Induction Procedures on Child Protection On appointment, every new member of the teaching and non-‐teaching staff, including new peripatetic musicians, sports coaches and Chartwells employees, is required to attend a training session on child protection. These sessions are organised by our Designated Persons, and every effort will be made to hold them within your first week of arrival as a new member of staff at the school. The only adults who work or visit the school who are exempted from this requirement are: • occasional visitors, including occasional lecturers and contractors, who sign in and are given a security badges by our Security Officer, who are escorted throughout their visit, • contractors working on a designated site that is physically separated from the rest of the school, who are required to sign in and out at their site office and to wear security badges at all times, • contractors working during the school holidays. The Designated Persons Mr Phil Culling (Deputy Head) and Miss Julia Hodgkins (Senior Teacher, to be replaced by Ms Amanda Triccas September 2013) are our School’s Child Protection Officers (CPO) / Designated Persons. They been fully trained for the demands of this role and regularly attend courses with other child support agencies to ensure that they remain conversant with best practice, and that our policies and procedures are current and follow best practice. They receive refresher training every two years, and maintain close links with the local authority. Reasons for Training Every member of staff needs to be confident that he or she understands his or her role in: • Keeping children safe • Promoting the welfare of pupils • Promoting equal opportunities and inclusion • Preventing bullying and harassment Everyone is required to take part in the training, no matter what their previous background or level of expertise. Refresher training for all staff is held at three yearly intervals. What is covered? Our induction training will tell you about: 1. Understanding Challenging Behaviour and indicators of abuse We shall draw upon national guidance relating to the safeguarding and protection of children, the signs of abuse, and the duties of staff, as well as the role of specialist agencies. We shall explain our expectations of how they should respond in a difficult situation, why they cannot promise confidentiality to a pupil. 2. The School’s Policies on Child Protection All new staff will be expected to become familiar with our policies on Safeguarding. Copies of this document will be issued at the training session; staff will also be informed as to where to find copies on our web site and on the School network in the Staff Handbook. This will include procedures when a member of staff faces allegations of abuse. 3. Effective Record Keeping
11
Why effective record keeping matters. 4. The policy for the acceptable use of ICT by staff, and the policy on Taking, Storing and Using Images of pupils. We cover the risks of the internet and social networking sites, and the policy on taking, storing and using images of pupils. 5. Visitors and Site Security This covers the need for visitors to be signed in at Security and to be escorted whilst they are on the school premises. 6. The school’s behaviour policy. Teaching staff have a particular responsibility for supervising pupils and ensuring that they behave with consideration and good manners at all times; but all staff need to be made aware of the school’s policies in these areas. All staff are reminded of their important role in building positive relationships, identifying risks and keeping everyone safe. 7. Refresher Training The session concludes with a reminder to staff that refresher training is given at three yearly intervals and a register of attendees is maintained. This training is carried out by a trainer from the London Borough of Hammersmith and Fulham. If Staff are unable to attend this session then a catch up session will be organised; the responsibility for this lies with Mr Phil Culling.
12
Please sign and return: ‘SAFEGUARDING INDUCTION PROCEDURES at The Godolphin and Latymer School I ___________________________________________ have attended an induction session on Safeguarding As a result, I am familiar with: 1. Indicators of abuse 2. The school’s policies on Child Protection, and the contents of the Safeguarding Policy 3. The importance of record keeping 4. The policy for the acceptable use of ICT by staff 5. The school’s policies on visitors and site security 6. Key aspects of the school’s behaviour policy. I know that: 1. Mr Culling and Ms Triccas are the designated Child Protection Officers and that I can discuss any concerns that I may have with them. 2. Further guidance, including The London Child Protection Procedures (The London Safeguarding Board), Working Together to Safeguard Children 2013 (DfE) and Safeguarding Children and safer recruitment in Education (DCFS*), is available to me in the School Office and in the Staffroom. I understand the responsibilities of staff in this area, and the issues that may arise. *N.B. Due to be replaced by ‘Keeping Children Safe in Education’ (DfE, 2013) Signed__________________________________________ Date_____________________
13
Appendix 2 -‐ Working with the Local Safeguarding Children Board & Other Agencies Principles: Anyone can contact Children’s Services if they are worried that a child may be at risk. Within school, this should be done according to the school’s policy as per the Disclosure Procedure outlined below and in line with the inter-‐agency guidance of the London Borough of Hammersmith & Fulham. Disclosure Procedure Flowchart: Member of Staff (Alerted to safeguarding issue through observation of signs that could indicate abuse or neglect or through receiving information from the child concerned or from a peer about another girl) DESIGNATED PERSONS (CHILD PROTECTION OFFICERS) (Deputy Head (Phil Culling), or Senior Teacher, (Julia Hodgkins (Amanda Triccas from September 2013)) Report immediately and complete factual notes of chronological details about the disclosure, signed and dated (completion of inter-‐agency form (CAF)). Children’s Services / Police / Fast response Children’s Social Services 24 hours per day duty (Depending on the urgency of the circumstances) Assessment and investigations to decide on further action Case conference → Multi Agency Gathering information → including parents if not perpetrators Action plan → lead professions (56 days) Revised and updated through monitoring on/off CP register Additional note: Where there is a disagreement between a member of staff concerned about a child and one of the Designated Persons with regards to contacting Children’s Services, the member of staff should report the matter to the Headmistress and may do so without fear of disciplinary action provided
14
there is a valid concern about the safety of the girl concerned. It is hoped that in the majority of cases that such measures would not be necessary. The safety of the children in our care is paramount.
15
• • • •
• •
•
•
Appendix 3 -‐ Guidelines for dealing with disclosures from girls: briefing for Staff. Any of us who work in school may find ourselves in a situation when a girl wants to confide in us. We all have a duty of care to the student and do not want to discourage them from talking to someone if they are worried, but we also have legal obligations when it comes to what we have to pass on. To try and clarify the ‘do’s and don’ts’ of what can sometimes feel like a minefield, the following points are worth bearing in mind. The Deputy Head, Mr Phil Culling and Senior Teacher, Miss Julia Hodgkins (Ms Amanda Triccas from September 2013) are the School’s Designated Persons (Child Protection Officers). Serious issues, involving physical and emotional threats that place girls at risk of harm: If a student confides a serious issue to you such as child abuse, neglect, running away from home, drug use or anything that puts them in danger then you must not promise to keep their confidence if asked. Avoid doing anything which may silence or put off a child when making a free flowing disclosure of a distressing situation. Allow them to speak. It is essential that you allow the young person to describe the situation/ event in their own words. Try not to ask leading questions or to comment too much on what is being said. If the girl becomes anxious, try to calm her by promising only to tell the staff that absolutely have to know and by promising that nothing will be done without her full knowledge. You should advise the girl that because of the nature of the information that has been shared, it is essential that you discuss the matter further with one of the school’s Designated Persons (Child Protection Officers). These are the ONLY people you should tell, and you should do it as soon as possible. The Designated Persons are the Deputy Head, Mr Phil Culling, and Miss Julia Hodgkins, Senior Teacher (to be replaced by Ms Amanda Triccas from September 2013). In their absence, you should contact the Headmistress, Mrs Mercer. You will be required to write up a factual account of the conversation with the girl including information about the context of the disclosure and what questions you may have asked. It is important that the written account is completed as soon as possible, and represents in clear, logical terms, the sequence of events and be as true as possible to the words used, and the order of what is said. This accurate account will be an important piece of evidence to help any subsequent investigation. The account should use the girl’s own words, not your reinterpretation of them. Serious issues which do not indicate danger to the child, but are likely to affect her ability to participate fully in school life: If a student confides an issue to you that will affect her performance in school such as illness at home or marital breakdown then you should pass on the relevant details to one of the Heads of Sections either verbally or preferably by writing it down as soon as you can and putting it in their pigeon-‐hole. Heads of Sections details: Miss Adey sadey@godolphinandlatymer.com (Head of Lower School Years 7 to 9), Mrs Wright jwright@godolphinandlatymer.com (Head of Middle School Years 10 and 11) and Miss Drennan cdrennan@godolphinandlatymer.com (Head of Sixth Form) In addition, it may be appropriate to suggest that the girl seeks support from the school counsellor, Mrs Scott (counsellor@godolphinandlatymer.com). Matters of Concern If a child confides something worrying her in school such as bullying, friendship issues or stress/ not coping then let the Form Tutor know as soon as possible, again either verbally or as a note. If clarification is needed on any of the issues above, please contact Mr Culling (Deputy Head): pculling@godolphinandlatymer.com), or discuss with a Head of Section.
16
Appendix 4 – Safeguarding Children: advice for staff and volunteers. Safeguarding Guidelines • Be aware that the welfare of the child is paramount • Discuss and / or take advice over any incident which may give rise to concern • Make records of any such incident and further actions agreed, in keeping with school policy • Be aware that breaches of the law and other professional guidelines could result in criminal or disciplinary action being taken • Ensure professional standards of behaviour at all times • Staff should not engage in personal email or telephone contact with pupils, including text messaging • Communication with pupils should never be sexually suggestive • Any out of school contact must be planned and agreed with senior staff and parents • Physical contact with pupils should be minimal, and age appropriate • Staff working in one to one situations should ensure there is visual access and remote or secluded areas should be avoided • Areas of the curriculum should not include inappropriate or sexually explicit material • There should be no unauthorised use of images of children • Internet use should be according to school policy and there should not be access to inappropriate material. • Staff must guard against pupil infatuation and report any concerns • Staff should not receive gifts other than small tokens of appreciation or give gifts other than part of an agreed reward system or given to all children equally • Staff should adhere to confidentiality protocols Safeguarding Guidelines: the physical environment • Security system for visitors • CRB checks or supervision for all adults in contact with children at the school • Windows in doors • No ‘hidey holes’/ access to work / storerooms for students. • Open door for 1:1s Safeguarding Guidelines: Physical Contact issues • Avoidance of any unnecessary physical contact • Subjects involving practical / movement / demonstrations to discuss and agree good practice (e.g. PE, Drama, Music, Art) • Never any touching that could be misconstrued or a surprise to the child • Raised awareness (Special needs, past trauma, extra-‐curricular activities, 1:1 sessions, residential settings, cultural issues)
17
Appendix 5 -‐ Confidentiality Policy 1. All staff to be aware that there are limits to confidentiality where child welfare is concerned. 2. If a student confides a serious issue to you such as child abuse, neglect, running away from home, drug use or anything that puts them in danger then you must not promise to keep their confidence if asked. 3. Avoid doing anything which may silence or put off a child when making a free flowing disclosure of a distressing situation. Allow them to speak. 4. It is essential that you allow the young person to describe the situation/ event in their own words. Try not to ask leading questions or to comment too much on what is being said. 5. If the girl becomes anxious, try to calm her by promising only to tell the staff that absolutely have to know and by promising that nothing will be done without her full knowledge. 6. You should advise the girl that because of the nature of the information that has been shared, it is essential that you discuss the matter further with one of the school’s Designated Persons (Child Protection Officers). These are the ONLY people you should tell, and you should do it as soon as possible. The Child Protection Officers are the Deputy Head, Mr Phil Culling, and Miss Julia Hodgkins, Senior Teacher (to be replaced by Ms Amanda Triccas from September 2013). In their absence, you should contact the Headmistress, Mrs Mercer. 7. Where a child wishes to seek advice on friendship issues or on personal skills when dealing with family members -‐ or other matters, it is appropriate for staff to take on the role of advisor or mentor. This means that their role is to listen, support but act as a critical friend who will encourage the girl to make improvements to the situation she is in by possibly developing assertiveness skills or changing some habits of mind (e.g. being too reliant on the good opinion of a dominant peer). 8. Intervention on behalf of the girl is appropriate when there is a lack of progress in an ongoing and distressing situation. This should happen with advice from the Head of Section. In some cases this may involve informing parents. 9. In every case, when a child confides in a member of staff, it is good practice for that member of staff to discuss and negotiate the next phase of action with the girl involved so that she feels a certain amount of control or forewarning as to the consequences. 10. Through pastoral briefings, and PSHE within school, the limitations of confidentiality should be discussed, and girls given guidelines on when it may be detrimental to keep a friend’s secret. 11. Girls may seek confidential medical advice independently of the school, their parents, or their GP through the medical room within the framework of the school’s child protection policy. 12. Girls may seek advice through the School Counsellor on personal issues within the framework of the school’s child protection policy.
18
13.
When consulting with colleagues on sensitive matters regarding girls, it is important that this is done discreetly, on a ‘need to know’ basis with the appropriate person, avoiding public places and out of earshot of other girls or staff.
Confidentiality and the Welfare of the Girls The School Counsellor The primary function of the School Counsellor is to offer a confidential service to the girls whilst still adhering to the child protection policy that operates within school. The counsellor’s email address counsellor@godolphinandlatymer.com is readily available and girls have found this a private and helpful way of contacting her. As well as providing this direct service to the girls, the counsellor is also available to staff and can discuss with them any concerns they may have for a particular young person. This discussion could initially be hypothetical if the member of staff felt more comfortable with this or can be about an identified young person. The pupil does not always have to be seen by the Counsellor but she can support members of staff with regard to pastoral concerns should this be required. The School Medical Room Girls may seek medical advice in confidence via the school Doctor and Nurses. This assistance may be independent of their own GP or their parents. Nevertheless, there are limits to this aspect of confidentiality. The Doctor and Nurses work within the framework of the Safeguarding Policy, and are obliged to liaise with one of the Designated Persons, should a child be at risk of significant harm through abuse or neglect. Where appropriate, the Doctor and Nurses liaise with pastoral staff in order to support girls with ongoing serious health issues which may affect their ability to participate fully in school life. Occasionally, to assist with fulfilling the health and safety requirements of planning for school visits or specialised activities within school, or to help address other safeguarding concerns, the school Doctor may need to liaise with the girl, her parent, her GP or other health care professionals involved in the care of an ongoing medical condition affecting a girl, as appropriate and depending on the individual circumstances. The outcomes of such discussions are bound by the same codes of confidentiality, but enable the school medical team to advise visit leaders and certain staff within school appropriately about potential risks that may affect an individual girl. All professionals involved in the welfare and safeguarding of children and vulnerable young adults are obliged to share relevant information on a need to know basis where the safety and wellbeing of a young person is an issue.
19
Appendix 6 Managing Allegations Against Staff Introduction Allegations of abuse are difficult and distressing for all concerned. It is essential that policies and procedures are in place to manage these cases. Underpinning these procedures are the following principles: that there should be adequate protection for the child and also that the procedures should ensure that allegations against a member of staff are dealt with fairly, quickly and consistently. Allegation procedures should be used in all cases in which it is alleged that a teacher, member of staff or volunteer in a school that provides education for children under 18 years of age has: § Behaved in a way which has harmed a child or may have harmed a child § Possibly committed a criminal offence against a child § Behaved towards a child in a way that indicates he or she is unsuitable to work with children Allegations against members of staff come through a variety of routes: § Parents contact the school to make a complaint § Police discover that a person that they are investigating is a member of staff § Children and young people may tell a member of staff that they are subjected to abuse by a member of staff. Who to report to: The school’s Designated Persons – Mr Phil Culling or Miss Julia Hodgkins (Ms Amanda Triccas from September 2013), and in their absence, to the Headmistress. This should be done straight away. In the event of the allegation involving the Headmistress, the Chair of Governors who has designated responsibility for Child Protection, should be informed. Reporting The school has to inform the Local Authority Designated Officer (LADO) for child protection within one working day of an allegation coming to light (unless the allegation is demonstrably false or unfounded). This should only be done by one of the school's Designated Persons or, in their absence, the Headmistress. The school should report basic details about the allegation: § If the school has acted on the allegation, and what they have done § Whether the parent(s) of the child have been informed § Name, date of birth and address of the member of staff and of the child/ children involved § Whether there were any witnesses DfE Guidance Step 1: The Designated Person to discuss the allegation with the Headmistress and Chair of Governors to establish that the allegation is not patently false. Step 2: Informing parents. Parents should be informed of the allegation as soon as possible and informed of their rights: § If there is an indication that the child may have been assaulted the parent has the right to go to the police. § Parents may decide that they do not want to report to the police. However the LADO will in some cases need to consult the police and the police may contact the parents to check their decision. Step 3: Informing the member of staff. The person who is the subject of the allegation needs to be informed as soon as possible after consultation with the LADO. Where it is likely that police and / or children’s social care will be involved, agreement needs to be made with those agencies as to what information can be disclosed to the member of staff. If the staff member is a member of a trade union or professional association, he or she should be advised to seek support from the organisation.
20
If the police decide to investigate, the school may be prevented from starting their own investigation before the police have decided whether or not they intend to take the case through the criminal courts. Suspension Suspension should always be considered where there is cause to suspect a child is at risk of significant harm, or the allegation warrants investigation by the police, or is so serious that it might be grounds for dismissal. Staff should not be automatically suspended, alternatives should also be considered, such as redeployment of staff, moving the pupil(s) to other classes (making it clear that it is not a punishment), or providing an assistant to be present when the member of staff has contact with children. If immediate suspension is considered necessary, the rationale should be agreed with the LADO and recorded. This should include what alternatives were considered and why they were rejected. Investigations into an allegation of abuse should start with the presumption that the member of staff is innocent of any wrong doing unless proven otherwise. Criminal investigations The school hopes that the police will aim to complete their enquiries as quickly as possible, consistent with a fair and thorough investigation. The police are expected to set a review of progress date at the outset of their investigation which should be no later than four weeks after the initial evaluation. Confidentiality and publicity It is extremely important that when an allegation is made, the school makes every effort to maintain confidentiality and guard against unwanted publicity while the allegation is being investigated or considered. The Education Act 2011 introduced reporting restrictions preventing the publication of any material that may lead to the identification of a teacher who has been accused by, or on behalf of, a pupil from the same school (where that identification would identify the teacher as the subject of the allegation). The reporting restrictions apply until the point that the accused person is charged with an offence, or until the Secretary of State publishes information about an investigation or decision in a disciplinary case arising from the allegation. The reporting restrictions cease to apply if the individual to whom the restrictions apply effectively waives their right to anonymity by going public themselves or by giving their written consent for another to do so, or if a judge lifts restrictions in response to a request to do so. These provisions commenced on 1 October 2012. “Publication” includes “any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public”. This means that a parent who, for example, published details of the allegation on a social networking site would be in breach of the reporting restrictions. Breach is potentially a criminal offence. The Designated Person should take advice from the LADO, police and children’s social care services to agree the following: • who needs to know and, importantly, exactly what information can be shared; • how to manage speculation, leaks and gossip; • what, if any, information can be reasonably given to the wider community to reduce speculation; and • how to manage press interest if and when it should arise. Disciplinary Action If the Crown Prosecution Service decides against criminal proceedings, disciplinary proceedings must always be considered. Where the initial consideration decides that the allegation does not involve a possible criminal offence it will be for the school to deal with it. In such cases, if the nature of the allegation does not require formal disciplinary action, the Headmistress should institute appropriate action within 3 working days. If a disciplinary hearing is required, the
21
investigating officer should aim to provide the Headmistress with a report within 10 working days. The timescales advised within the school’s disciplinary procedures should apply. Resignation and Compromise agreements If a person tenders their resignation during an investigation, or before an investigation has started, the investigation should still be continued and recorded. Whilst compromise agreements can be used in such cases, the school will not in that agreement compromise the obligations it may have, for example, to refer the case to the DBS and/or not to mislead recipients of references. The school has a statutory duty to make a referral to the DBS where circumstances require it. This includes cases where the teacher resigns in circumstances in which the school would, but for their resignation, have dismissed the individual or removed them from working with children. Failure to make such a report could constitute an offence and the school may be removed from the DfE register of independent schools. If a member of staff is registered with a professional body, a decision needs to be made as to whether that body should be informed. It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any in which the person concerned refuses to cooperate with the process. Wherever possible the accused should be given a full opportunity to answer the allegation and make representations about it. But the process of recording the allegation and any supporting evidence, and reaching a judgement about whether it can be substantiated on the basis of all the information available, should continue even if that cannot be done or the accused does not cooperate. It may be difficult to reach a conclusion in those circumstances, and it may not be possible to apply any disciplinary sanctions if a person’s period of notice expires before the process is complete, but it is important to reach and record a conclusion wherever possible. Action in respect of false or unfounded allegations On occasions where it can be proved that the allegation has been deliberately invented or malicious, the school may ask the police to consider if any action should be taken against the person responsible. The school must make sure that the member of staff who has been the subject of a false allegation is properly supported. This will include considering how the teacher’s contact with the pupil can best be managed if the pupil is still at the school. Records A record should be kept of all allegations and the individual’s confidential personnel file with a copy to the person concerned. The record should be kept until the member of staff’s retirement age or for 10 years, depending on which is longer. Ethos For the sake of the child, parents and member of staff involved, it is important that an investigation is rigorous, timely, executed in a professional manner with due consideration for confidentiality and collaboration with other relevant agencies. The findings of the investigation and the rationale for any action taken must be recorded. Useful Contacts See Appendix 9. Local Safeguarding Children Board: Jill Downey LSCB & Commissioning Officer jill.downey@lbhf.gov.uk
22
Appendix 7 -‐ Key Terms and Definitions Children and Young Adults Legislation is designed to protect Children and Young Adults from 0-‐18 and beyond depending on the specific needs of the individual. This policy, therefore applies to all girls within the school. Safeguarding A moral and legal responsibility defined in the 1989 & 2004 Childrens’ Acts to protect children from abuse whether that takes the form of exploitation or neglect, the latter being a failure to meet the needs of the child or young adult. The Every Child Matters Agenda defines the duty of care further: that school and professionals working with young people have a duty to protect, to ensure that a child is safe from harm and able to thrive. Child Abuse -‐ Signs and Symptoms Although these signs do not necessarily indicate that a child has been abused, they may help adults recognise that something is wrong. The possibility of abuse should be investigated if a child shows a number of these symptoms, or any of them to a marked degree. The lists below are not exhaustive: Sexual Abuse • • • • • • • • • • • • • • •
Being overly affectionate or knowledgeable in a sexual way inappropriate to the child's age Medical problems such as chronic itching, pain in the genitals, venereal diseases Other extreme reactions, such as depression, self-‐mutilation, suicide attempts, running away, overdoses, anorexia Personality changes such as becoming insecure or clinging; or the opposite: rebellious and aggressive Regressing to younger behaviour patterns Sudden loss of appetite or compulsive eating Being isolated or withdrawn Inability to concentrate Lack of trust or fear of someone they know well, such as not wanting to be alone with a babysitter or child minder Starting to bed wet, day or night/nightmares Become worried about clothing being removed Suddenly drawing sexually explicit pictures Trying to be 'ultra-‐good' or perfect; overreacting to criticism Self-‐harm Strange behaviour at the fringes of the school day (eg not wanting to go home)
Physical Abuse • • • • • • • • • • •
Unexplained recurrent injuries or burns Improbable excuses or refusal to explain injuries Wearing clothes to cover injuries, even in hot weather Refusal to undress for sport Chronic running away Fear of medical help or examination Self-‐destructive tendencies Aggression towards others Fear of physical contact -‐ shrinking back if touched Admitting that they are punished, but the punishment is excessive (such as a child being beaten every night to 'make her study') Fear of suspected abuser being contacted
23
•
Strange behaviour at the fringes of the school day (eg not wanting to go home)
Emotional Abuse • • • • • • • • •
Physical, mental and emotional development lags Sudden speech disorders Continual self-‐depreciation ('I'm stupid, ugly, worthless, etc') Overreaction to mistakes Extreme fear of any new situation Inappropriate response to pain ('I deserve this') Neurotic behaviour, unusual or excessive nervousness (obsessive, compulsive behaviours, rocking, hair twisting, self-‐mutilation) Self-‐harm Extremes of passivity or aggression
Neglect • • • • • • • • • •
Constant hunger Poor personal hygiene Constant tiredness Poor state of clothing Emaciation Untreated medical problems No social relationships Compulsive scavenging Destructive tendencies Poor physical development eg delayed puberty
Note: A child may be subjected to a combination of different kinds of abuse. It is also possible that a child may show no outward signs and hide what is happening from everyone.
24
Appendix 8: Action by the Designated Person Any action to be taken by one of the Designated Persons will take into account:
•
the local inter-‐agency procedures of the Tri-‐Borough Safeguarding Children Board, or the relevant local authority in which the girl lives.
•
the nature and seriousness of the suspicion or complaint.
•
the wishes of the pupil who has complained, provided that the pupil is of sufficient understanding and maturity and properly informed. However, there may be times when the situation is so serious that decisions may need to be taken, after all appropriate consultation, that override a pupil's wishes;
•
the wishes of the complainant's parents, provided they have no interest which is in conflict with the pupil's best interests and that they are properly informed. Again, it may be necessary, after all appropriate consultation, to override parental wishes in some circumstances. If the Designated Person is concerned that disclosing information to parents would put a child at risk, he or she will take further advice from the relevant professionals before making a decision to disclose;
•
duties of confidentiality, so far as applicable;
•
the lawful rights and interests of the School community as a whole including its employees and its insurers;
•
if there is room for doubt as to whether a referral should be made, the Designated Person may consult with the Local Authority Designated Officer or other appropriate professionals on a no names basis without identifying the family. However, as soon as sufficient concern exists that a child may be at risk of significant harm, a referral will be made without delay. If the initial referral is made by telephone, the Designated Person will confirm the referral in writing to Social Services within 24 hours. If no response or acknowledgment is received within three working days, the Designated Person will contact Social Services again.
•
In the event of a disclosure of abuse or suspicion of abuse the designated person would contact the relevant welfare agency within 24 hours and without detailed investigation by the school.
25
Appendix 9: Contact numbers The telephone numbers of the London Borough of Hammersmith & Fulham Council Social Services Departments are as follows. From 13th May 2013 the duty phone number for all professionals and member of the public either seeking advice, guidance or reporting a concern for a child within Hammersmith and Fulham should contact: 0208 753 6600 This number is available, Monday to Friday 9am-5pm (exc. Bank Holidays). If you are calling outside of these hours please contact the Emergency Duty Team: 0208 748 8588 The Hammersmith and Fulham LADO is Anna Carpenter, Head of Safeguarding in the Safeguarding and Quality Assurance Service. The following telephone numbers may be useful for pupils:
•
Childline
0800 1111
•
Kidscape
020 7730 3300
•
NSPCC
0800 800 2222
26