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Safeguarding: A guide to legislation

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Safeguarding: A guide to legislation 29th April 2015 Anna Marie Anderson, Business, Leadership and Governance Adviser, HSIP * – PowerPoint PPT presentation

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Title: Safeguarding: A guide to legislation


1
  • Safeguarding A guide to legislation
  • 29th April 2015
  • Anna Marie Anderson, Business, Leadership and
    Governance Adviser, HSIP

2

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

3

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

4

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

5

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).

6

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

7

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.

8

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)

9

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

10

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 schools safeguarding and child
    protection policy is available on their website

11

Keeping Children Safe in Education 2015
  • The Governements 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

12

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

13

Keeping Children Safe in Education 2015
  • Activity

14

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

15

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 Bodys 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

16

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

17

How can the GB monitor the effectiveness of the
Schools arrangements for behaviour and safety?
  • Activity

18

How can the GB monitor the effectiveness of the
Schools 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

19

How can the GB monitor the effectiveness of the
Schools 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
    childrens 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

20

How can the GB monitor the effectiveness of the
Schools 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 dont feel safe)
  • Visits to classrooms accompanied by a senior
    leader with a behaviour for learning focus


21

How can the GB monitor the effectiveness of the
Schools 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

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