CHILD PROTECTION POLICY

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1 CHILD PROTECTION POLICY This policy refers to both Wellington Senior School and Wellington Prep School Nominated Governor for Child Protection Tamsin Humphreys Headmaster Henry Price Author Deputy Head Pastoral Date Reviewed February 2016 Date of Next Review June 2016 Amendments Updated September (JMH) Updated September (JMH) Updated November (JMH) Updated April (JMH) Reviewed June (JMH) Updated November 2015 (HRM) Updated March 2016 (HRM) Updated April 2016 (HRM) Website Yes This policy will be reviewed annually or according to statutory change. 1

2 Child Protection at Wellington School Key Personnel Wellington School Designated Safeguarding Lead Mr Rowan MacNeary, Deputy Head (Pastoral) Wellington Prep School Designated Safeguarding Lead (including EYFS) Mr Martin Stepney, Deputy Head (Pastoral) Deputy Designated Safeguarding Lead Mrs Linda Burton, Head of Upper School Nominated Governor for Child Protection Mrs Tamsin Humphreys Contact details available from the School Reception Other staff trained to undertake the functions of the Designated Safeguarding Lead at Wellington School Miss Jan Kennard, PA to the Deputy Head (Pastoral) Mrs Emily Weiss, HR Manager Mrs Victoria Richardson, Head of Lower School Headmaster Mr Henry Price Chair of Governors Mr Phil Nunnerley 2

3 External Agencies - Child Protection Contact numbers Somerset Local Safeguarding Children Board (Somerset Direct) Somerset Emergency Duty Team (evenings, weekends and bank holidays) Devon Local Safeguarding Children Board Devon out of hours Emergency Duty Team Local Authority Designated Officer (LADO) Anthony Goble Education Safeguarding Advisor, Support Services for Education Jane Wetherill Police Safeguarding Coordination Unit Police non-emergency number 101 Police emergency number (including high risk Prevent enquiries) 999 The Disclosure and Barring Service PO Box 181, Darlington, DL1 9FA Regional Police Prevent Team DI Dickon Turner Tel: Mobile: DS Mandy Pilling Tel: Mobile: PC Mike Perry Tel: Prevent Team - Somerset County Council Lynsay Birkett (Prevent Project Officer) Tel: Mobile: Lucy Macready (Chair of the Somerset Prevent Board and Service Manager Community Safety) Tel: Mobile: Prevent Lead - Taunton Deane and West Somerset Borough Council Scott Weetch 3

4 Anti-terrorist Hotline Non-emergency DfE advice NSPCC Whistleblowing Advice Line

5 Contents 1. Policy Statement Page 6 2. Roles and Responsibilities Page 8 3. Training Page Procedures Page Children Missing in Education Page Secure Site Page Monitoring Page 21 Appendix 1 Types of Abuse from KCSIE July 2015 Page 22 Appendix 2 Child Incident Reporting Form Page 28 Appendix 3 Visitors Policy Page 34 Appendix 4 Children missing in education Page 36 Appendix 5 Further guidance on FGM Page 38 Appendix 6 Further guidance on Prevent Page 40 5

6 1. Policy Statement This policy is one of a series of integrated policies that address safeguarding arrangements at Wellington School The policy is produced with direct regard to Keeping Children Safe in Education (July 2015), Working Together to Safeguard Children (March 2015) and The Prevent Duty (June 2015). The policy is available on the School website. A hard copy is available to parents, staff and pupils upon request. Child Protection Statement Wellington School recognises its moral and legal obligation to ensure that every member of our community is protected from harm. To this end, all members of the community have a responsibility to help prevent abuse of any kind so that our community is safe, nurturing, welcoming and one founded on mutual respect and tolerance. The School places high priority on ensuring that all principles contained within this policy are well understood and acted upon by all members of the School. Policy Principles It is the School s responsibility to ensure the welfare and safeguarding of its pupils at all times. The School is committed to ensuring the welfare and safeguarding of all children in its care and expects all staff members, teaching and support staff, to share this commitment. All staff are trained to think the unthinkable and approach matters of safeguarding with the attitude of it could happen here. If it is suspected that a child is at risk from harm a referral will be made by the Designated Safeguarding Lead (DSL) to the Local Safeguarding Children Board (LSCB), Somerset Direct. Staff are trained that although concerns are expected to be brought to the attention of the DSL in the first instance, anyone can make a referral to the LSCB or the police without informing the DSL. All members of staff have a responsibility to act on any concern they may have about a child s welfare. Pupils and staff who are involved in safeguarding issues will receive appropriate support from the School. Policy Aims To promote and safeguard the welfare of all pupils. To promote the principles amongst all adults working at Wellington School that underpin our duty of care. To ensure all staff, volunteers and Governors receive appropriate training in safeguarding on an ongoing basis. To ensure clarity and effectiveness of safeguarding systems within Wellington School. To ensure clear and robust procedures for cases of suspected abuse exist and are understood by all staff. To raise the awareness of the need to safeguard children and identify current and specific safeguarding issues that may have a particular significance, either on a local or national level. To clarify responsibilities in identifying and reporting possible cases of abuse. As part of its commitment to safeguarding, the School will take all reasonable measures to: monitor children known or thought to be at risk of harm; 6

7 contribute to assessments of need and support packages for children who have suffered abuse; maintain effective relationships with external agencies, especially the LSCB; ensure that we practise safer recruitment in checking the suitability of staff, Governors and volunteers (including staff employed by another organisation) to work with children and young people in accordance with the guidance given in Keeping Children Safe in Education (July 2015), the Education (Independent School Standards) (England) Regulations 2014 and the National Minimum Standards for Boarding Schools (2015). See also the School's separate Safer Recruitment Policy; comply with all statutory requirements relating to safeguarding; ensure all staff members understand the procedures and guidelines for child protection; ensure the Child Protection Policy is disseminated to all within the School community. The Prevent Duty Guidance for England and Wales emphasises that the duty to have due regard for the need to prevent children from being drawn into terrorism is an aspect of safeguarding. Being drawn into terrorism includes not just violent extremism but also nonviolent extremism, which can create an atmosphere conducive to terrorism and can popularise views which terrorists exploit. Wellington School should be a safe place in which children and young people can understand and discuss sensitive topics, including terrorism and the extremist ideas that are part of terrorist ideology, and learn how to challenge these ideas. The following policies and procedures are also relevant to the School's safeguarding practices: E-safety Policy Anti-bullying Policy Intimate Care Policy Safer Recruitment and Selection Policy Staff Code of Conduct Whistleblowing Policy Capability and Disciplinary Policy and Procedure Guidance for using Social Media Staff Visiting Boarding Houses 7

8 2. Roles and Responsibilities Safeguarding is everyone s responsibility. Anyone can make a referral to Somerset Direct (Children s Social Care) but the DSL is the recommended first port of call. 2.1 The Designated Safeguarding Lead The Senior School DSL will take a lead in all aspects of safeguarding within the Senior School and the Prep School DSL will take a lead in all aspects of safeguarding within the Prep School including EYFS. Both the Senior School DSL and the Prep School DSL: are members of the School s leadership team; and have appropriate authority and have the time, funding, training, resources and support to provide advice and support to other staff on child welfare and child protection matters, to take part in strategy discussions and inter-agency meetings, and to support other staff to do so and contribute to the assessment of children. In addition the School has a designated Deputy DSL who can step in, in the absence of the DSL. The roles of the Senior School DSL, Prep School DSL and Deputy DSL are explicit in their job descriptions. The Senior School DSL, Prep School DSL and Deputy DSL all undergo updated child protection training every 2 years. The main responsibilities of the Senior School DSL and the Prep School DSL are to: liaise with the local authority and work with other agencies in line with Working Together to Safeguard Children 2015; be available to discuss concerns about suspected child abuse with staff; take responsibility for procedures and referrals; act as a focal point for liaison with authorised agencies; arrange training for all new teaching and non-teaching staff every 3 years and keep records of training and thereafter arrange training for all teaching and non-teaching staff every 3 years and keep records of training; undertake training as required by the LSCB which includes inter-agency work; ensure all staff including part-time staff and volunteers who assist with school duties are made aware of child protection issues and receive appropriate training; support staff involved in child protection cases; monitor and evaluate the effectiveness of the School s Child Protection Policy; report annually to the Governing Body via the designated governor; complete the LSCB annual return; attend the Independent Schools Safeguarding meetings (October/March); organise, and report on a termly meeting of the safeguarding officers and governor; provide routine overview reports on safeguarding arrangements to the Pastoral and Cocurricular and Audit, Risk and Compliance Governors sub-committees, full safeguarding team meetings and in EMT meetings. The Senior School DSL, Prep School DSL and Deputy DSL can be contacted at any time. All staff have their emergency contact telephone numbers. The School's records on child protection are kept securely in the Senior School DSL and Prep School DSL office as appropriate, and are separated from routine pupil records. Access is 8

9 restricted to the relevant DSL, the HR Manager, the Prep School Head and the Headmaster as appropriate. 2.2 Governors Responsibilities The Governing Body will ensure that the policies, procedures and training at Wellington School are effective and comply with the law at all times. The Governors have appointed a liaison governor for safeguarding issues. The role of the designated governor is to liaise with the local authority on issues of child protection or in case of allegations against the Head or a member of the Governing Body. The Governors carry out an annual review of the School s Child Protection Policy, which is recorded in the minutes of the Full Governors Meeting in the summer term. The Governors are responsible for ensuring that: the School has a Designated Safeguarding Lead and Deputy Designated Safeguarding Lead and that these are known to all staff, pupils and Governors; there is an effective Child Protection Policy in place together with a staff behaviour policy (code of conduct) which will amongst other things include staff/pupil relationships and communications including the use of social media; the School contributes to inter-agency working in line with statutory guidance Working Together to Safeguard Children This includes providing a co-ordinated offer of early help when additional needs of children are identified and contributing to inter-agency plans to provide additional support to children subject to child protection plans; the School has procedures in place to allow access for children s social care from Somerset local authority; the School s safeguarding arrangements take into account the procedures and practice of the local authority as part of the inter-agency safeguarding procedures set up by the Somerset LSCB; the Child Protection Policy contains appropriate safeguarding responses to children who go missing from education, particularly on repeat occasions, to help identify the risk of abuse and neglect including sexual abuse or exploitation and to help prevent the risks of their going missing in future; the School considers and reviews how children may be taught about safeguarding, including online, through teaching and learning opportunities, as part of providing a broad and balanced curriculum. This may include covering relevant issues through personal, social, health and economic education (PSHE), and/or through sex and relationship education (SRE); the School s procedures are implemented efficiently and any deficiencies are remedied without delay; amendments to safeguarding arrangements in the light of changing Regulations or recommended best practice are approved; safeguarding is a standing item on the agenda of the Governors Pastoral and Co- Curricular and Audit, Risk and Compliance sub-committee meetings, which are attended by the Senior School DSL and Prep School DSL. 2.3 Staff obligations All staff are required to notify the DSL immediately if there are any reasons why they should not be working with children. This includes any staff who are disqualified from childcare or registration including by association i.e. they live in the same household (or someone is employed in their household) as someone who has unspent cautions or convictions for a relevant offence (please see a list of the relevant offences set out here: errals_guide_-_relevant_offences_v2.4.pdf). 9

10 The 'by association' requirement also applies if you live in the same household as or someone is employed in your household who has been disqualified from working with children under the Childcare Act The Childcare (Disqualification) Regulations 2009 apply to those providing early years childcare or later years childcare, including before school and after school clubs, to children who have not attained the age of 8 AND to those who are directly concerned in the management of that childcare. The School takes its responsibility to safeguard children very seriously and any staff member who is aware of anything that may affect his/her suitability to work with children must notify the DSL immediately. This will include notification of any convictions, cautions, court orders, reprimands or warnings he/she may receive. He/she must also notify the DSL immediately if he/she is living in a household where anyone lives or works who has been disqualified from working with children or from registration for the provision of childcare. Staff who are disqualified from childcare or registration, including 'by association', may apply to Ofsted for a waiver of disqualification. Such staff may not be employed in the areas from which they are disqualified, or involved in the management of those settings, unless and until such waiver is confirmed. Please speak to the DSL or the HR manager for more details. Use of Mobile Phones and Cameras Neither staff nor children may use their own mobile phones to take photographs within the school's EYFS setting; nursery and up to Reception year. Please see the School s Staff Code of Conduct for the School's policy on taking photographs of pupils outside of these year groups. 10

11 3. Training All staff, including part-time, temporary and visiting staff, volunteers and Governors will be given safeguarding training at the commencement of their employment. This training includes: a copy of this policy; the identity and contact details of the Designated Safeguarding Lead at both the Senior School and Prep School and the Deputy Designated Safeguarding Lead; Child Protection Training in line with Somerset LSCB guidelines; and a copy of Part 1 Keeping Children Safe in Educations (July 2015). All new staff must read and sign to confirm that they have read Part 1 of KCSIE. The Headmaster, all staff, volunteers and Governors undertake appropriate refresher training every 3 years in line with advice from the LSCB. Training includes a review of the School's Child Protection Policy including the Staff Code of Conduct, the Whistleblowing Policy, and awareness training to equip staff to identify children at risk of being drawn into terrorism. Training also promotes staff awareness of child sexual exploitation, forced marriage and female genital mutilation. Staff are made aware of the signs, symptoms and indicators of such practices and are required to take action without delay if such a practice is suspected. Teaching staff are trained that they have a statutory duty to report FGM directly to the police. 11

12 4. Procedures 4.1 Procedures for reporting suspected abuse There is no threshold for referral to the DSL. A safety first approach should be adopted. Staff are trained to think the unthinkable and adopt a it could happened here mentality. Advice is available to all staff and to the DSL from Somerset Direct. For recognising signs of abuse, see Appendix 1. Staff are encouraged to report any concerns that they have to the DSL. Staff are also told that they are able to report any concerns they have concerning a pupil s welfare directly to Somerset Direct or the police themselves in circumstances where a child is in danger, such as in an emergency or where there is a genuine concern that action has not been taken. All staff are trained to respond to child protection disclosures using non-leading techniques. Staff must follow the protocol of: Receive Reassure Respond Record Refer Receive what is said Accept what you are told. You do not need to decide whether or not it is true; Listen without displaying shock or disbelief. Reassure the pupil Acknowledge their courage in telling; Remind them that they are not to blame (but avoid criticising the alleged perpetrator; young people often love adults who abuse them); Never promise confidentiality, only discretion; Reassure them, but do not promise what you may not be able to deliver everything will be all right now (it may not be). Respond to the pupil Respond to what the pupil has said, but do not interrogate; Avoid leading questions, such as, did they touch you there ; Questions such as these can be used by defence counsel in a subsequent court case to suggest that you contaminated the child s evidence; Ask open-ended questions: Do you want to tell me anything else? And? Yes? ; Where necessary, clarify what has been said to you so that you are clear and able to decide whether this is an abusive situation; There is a careful judgement to be made in ensuring that you have enough information to make an appropriate referral and allowing a young person to talk without being silenced, while making sure that you have not inadvertently led a young person perhaps by an assumption behind a question. For example asking were you sitting up or lying down when this happened? contains the answer in the question; Explain what you will do next and (where appropriate) the referral process. Record the conversation Make notes as soon as possible after the disclosure; 12

13 Avoid taking notes during the interview as this may inhibit the pupil from disclosing as much as they would like to; Keep original notes, then write up subsequent record; Use the School s Child Protection Reporting Form (Appendix 2); Full notes should be detailed and include date, time, place. Describe observable behaviour. Endeavour to leave nothing out; Record the actual words the pupil uses; Record the facts only, not opinion or conjecture. Refer Refer the matter within 24 hours, with all relevant details to the DSL; The DSL may ask you to record the key facts in the School s Child Protection Reporting Form (Appendix 2) if you have not already done so. 4.1 Response of the DSL The DSL will take any steps needed to protect a pupil who is at risk of immediate harm; this might involve contacting the police in the first instance. The DSL will refer all cases where there is a reasonable cause to suspect a child is suffering or likely to suffer harm to Somerset Direct within 24 hours. The DSL will not interview or investigate further until advice has been sought from Somerset Direct. If there is room for doubt as to whether a referral should be made, the DSL will consult with Somerset Direct. If, however, sufficient concern exists that a child may be at risk of harm, a referral to Somerset Direct will be made without delay (and in any event within 24 hours). If no response or acknowledgment is received within 3 working days, the Designated Safeguarding Lead will contact Somerset Direct again. The DSL will agree with Somerset Direct any necessary next steps in relation to: informing a pupil s parents; medical examination or treatment; immediate protection for the victim or a pupil who has given information about an abuser or a pupil against whom an allegation has been made; informing other people at the School and other agencies. The DSL will ensure long-term protection support for all pupils involved. This will involve periodic review as appropriate to ensure that risk to the child does not escalate. Where a pupil is identified as requiring additional support but there is no reasonable cause to justify a referral to Somerset Direct, the School will contribute fully to inter-agency assessment. The DSL will ensure that relevant staff are aware of their responsibilities relating to the individual(s) involved. In the case of suspected radicalisation, the DSL will refer the matter to the relevant Prevent Police unit and cooperate with the Police and Channel Panel in providing any relevant information. The DSL will maintain and review records of concerns. 4.2 Allegations against staff, Governors and volunteers All staff should be aware of their duty to raise concerns, where they exist, about the management of child protection, which may include the attitude or actions of colleagues. If the 13

14 member of staff reporting suspicions remains unsatisfied by a decision not to act by the Headmaster and the DSL, he or she may, as a responsible citizen, report concerns directly to the LADO. He or she will be considered to have acted as a responsible citizen and will not be held accountable for undermining a school decision. In general, an allegation should be made if a teacher or other member of staff or volunteer has: behaved in a way that has harmed a child, or may have harmed a child; possibly committed a criminal offence against or related to a child; behaved towards a child or children in a way that indicates he or she would pose a risk of harm if he or she works regularly or closely with children. If an allegation is made against a member of staff, the member of staff receiving the allegation must immediately inform the DSL or the Headmaster. If the DSL is informed in the first instance, the DSL must report the allegation to the Headmaster. The Headmaster on all such occasions will discuss the content of the allegation with the Chair of Governors. Allegations concerning the Headmaster must be passed immediately to the Chair of Governors without notifying the Headmaster. Allegations involving the DSL must be passed immediately to the Headmaster. Allegations involving any Governor must be passed immediately to the Chair of Governors or nominated Governor for Child Protection. Allegations involving the Chair of Governors must be passed immediately to the nominated Governor for Child Protection. In cases of serious harm, the police will be involved from the outset. If the allegation is made against a volunteer, a supply teacher, contractor etc, an investigation may involve the organisation or agency of employment. For those who are self-employed, the allegation will be passed directly to the LSCB team for advice or action. 4.3 Procedures following an allegation against staff, Governors or volunteers Once an allegation has been made, the Headmaster (or, in all instances below, the Chair of Governors if the allegation is made against the Headmaster) will obtain written details of the allegation, signed and dated by the person reporting it, and countersigned and dated by the Headmaster. The School s HR Manager may support the Headmaster or DSL in note taking at any information gathering meetings. The Headmaster will check that the allegation is not demonstrably false (for example, the member of staff was not in school on the day of the alleged incident) and collate information and personal details about the child concerned, the person against whom the allegation has been made and any witnesses. The LADO should be informed of all allegations that come to the School's attention and appear to meet the criteria listed in 4.2 no later than one working day after receiving the report of an allegation. If the LADO advises that an allegation does not meet the criteria listed in 4.2, the allegation will be dealt with in accordance with the School s Capability and Disciplinary Procedure. As soon as possible after consulting with the LADO, the Headmaster will directly inform the person about whom the allegation has been made (in accordance with any restrictions on information sharing that may be imposed by the police or local authority s social care). The Headmaster will decide, after consultation with the LADO, whether the person about whom the allegation has been made should be suspended from work pending investigation. The parents or carers of the pupil/pupils involved will be informed of the allegation as soon as possible if they do not already know of it. Where the LADO advises that a strategy discussion is needed, or the police or the local authority's social care need to be involved, the Headmaster 14

15 should not inform the accused or the parents or carers until these agencies have been consulted and it has been agreed what information can be disclosed. The parents or carers should be kept informed of the progress of the case, including the outcome of any disciplinary process. The timing and extent of disclosures, and the terms on which they are made, will be dependent upon and subject to the laws on confidence and data protection and the advice of external agencies. The reporting restrictions preventing the identification of a teacher who is the subject of such an allegation in certain circumstances will be observed. The School s HR Manager will note take at all meetings so that the Headmaster can keep clear and comprehensive written notes about the allegation, including actions taken and decisions reached. Details of an allegation will be recorded on the employee's file and retained at least until the employee reaches the normal pension age or for a period of 10 years from the date of the allegation, if this is longer, unless the allegation was found to have been malicious, in which case it will be removed from the employee's records. An allegation proven to be false, unsubstantiated or malicious will not be referred to in employer references. In accordance with Keeping Children Safe in Education 2015, a history of repeated concerns or allegations which have all been found to be false, unsubstantiated or malicious will also not be included in any reference. At the Early Years Foundation Stage, the School will inform Ofsted as soon as is reasonably practicable, but at the latest within 14 days of any allegations of serious harm or abuse by any person living, working or looking after children at the premises being made (whether that allegation relates to harm or abuse committed on the premises or elsewhere) or any other abuse which is alleged to have taken place on the premises, and of the action taken in respect of these allegations. 4.4 Staff suspension following an allegation If the LADO or any of the statutory child protection authorities decide to take the case further, any staff member concerned may be suspended if this is felt appropriate. The reasons and justification for suspension will be recorded and the staff member informed of them. In the case of staff the matter will be dealt with in accordance with the Disciplinary and Capability Procedure. However, the School recognises that suspension does not constitute disciplinary action and does not itself imply any presumption of guilt on the part of the employee. Where a member of the residential staff is suspended pending an investigation of a child protection nature, suitable arrangements must be put in place for alternative accommodation away from children. If the allegation is found to be false, and the person has been suspended, then the School will support him or her as best it can, perhaps with the provision of a mentor, to return to work, and will attempt to minimise contact with the pupil(s) involved in making the allegation if they remain at School. The School will consider serious disciplinary action against a pupil who has been found to make deliberately false allegations. 4.6 External reporting We follow Disclosure and Barring Service (DBS) guidance and procedures regarding referrals and barring decisions and the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding Vulnerable Groups Act (Prescribed Criteria and Miscellaneous Provisions) Regulations Separate to involvement of the LADO, schools have a legal duty to refer to the DBS anyone who has harmed, or poses a risk of harm, to a child, or if there is reason to believe the member 15

16 of staff has committed one of a number of listed offences, and who has been removed from working (paid or unpaid) at the school, or would have been removed had they not left. Wellington School will make such a referral as soon as possible after the resignation or dismissal of any individual (whether employed, contracted, a volunteer or a student) whose services are no longer used because he or she is considered unsuitable to work with children. This includes dismissal, non-renewal of a fixed term contract, no longer using a supply teacher engaged directly or supplied by an agency, terminating the placement of a trainee or volunteer, no longer using staff employed by a contractor and resignation and voluntary withdrawal from any of the above. Further, or in the alternative, if an investigation leads to the dismissal or resignation prior to dismissal of a member of teaching staff specifically, the School will consider making a referral to the National College for Teaching and Leadership (NCTL) and a prohibition order may be appropriate (because that teacher has displayed unacceptable professional conduct, conduct that may bring the profession into disrepute or a conviction at any time for a relevant offence). The School will make a serious incident report to the Charity Commission whenever the Commission's guidelines deem it appropriate to do so. Where the School ceases to use the services of a teacher because of serious misconduct, or would have dismissed them had they not resigned, it will consider whether to refer the case to the Secretary of State, as required by sections 141D and 141E of the Education Act The Secretary of State may investigate the case, and if s/he finds there is a case to answer, must then decide whether to make a prohibition order in respect of the person. From October 2015, section 5B of the Female Genital Mutilation Act 2003 will place a statutory duty on teachers along with social workers and healthcare professionals to report to the police where they discover that FGM appears to have been carried out on a girl under 18. Those failing to report such cases will face disciplinary sanctions. Unless the teacher has a good reason not to, they should still consider and discuss any such case with the school's designated safeguarding lead and involve children's social care as appropriate. Please refer to Appendix 5 for further guidance on FGM. Should historical allegations of child abuse be made against a teacher who is no longer teaching, the School will, in accordance with Keeping Children Safe in Education, report the matter to the police. Similarly, allegations against a teacher who is no longer working at the School will also be referred to the police. All allegations of historical abuse should be referred to the Head or DSL straight away. Review: a review of procedures will take place after any allegations made. The school should preserve confidentiality and guard against unwanted publicity for the member of staff against whom an allegation has been made. Restrictions apply until the point when the accused person is charged of an offence or the DfE/NCTL publish information about an investigation or decision in a disciplinary case. 4.7 Allegations against pupils 16

17 Allegations against pupils should be reported in accordance with the procedures set out in this policy. A bullying incident will be treated as a child protection concern if there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm. A pupil against whom an allegation of abuse has been made may be suspended from the School during the investigation and the School's Promoting Good Behaviour Policy and Exclusions Policy will apply. The School will take advice from Somerset Direct 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 Somerset Direct, 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 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. Where an allegation is made against a pupil, both the victim and the perpetrator will be treated as being at risk and safeguarding procedures in accordance with this Policy will be followed. Staff are required to be vigilant to abuse between pupils and to inform the DSL of their concerns or any allegations made. For recognising signs of abuse, see Appendix 1. The School is aware that a pupil who is found to be abusing another pupil or other pupils or one who is beginning to display bullying behaviours may be the victim of an abusive relationship. All such concerns must be shared with pastoral staff and when appropriate the DSL. Staff should be especially vigilant of relationships between pupils with a wide age gap and be prepared to communicate concerns to parents where appropriate. 4.7 Appropriate conduct with pupils Staff must be aware of appropriate conduct with pupils in order to avoid allegations and misunderstandings. Staff must: treat all pupils with respect; set a good example by conducting themselves appropriately; involve pupils in decisions that affect them encourage positive, respectful and safe behaviour among pupils; endeavour to be a good listener; be alert to changes in pupils behaviour and to signs of abuse and neglect; recognise that challenging behaviour may be an indicator of abuse; read and understand the School s Child Protection Policy, Staff Code of Conduct and guidance documents on wider safeguarding issues; avoid physical contact with pupils wherever possible; maintain appropriate standards of conversation and interaction with and between pupils and avoiding the use of sexualised or derogatory language; be aware that the personal and family circumstances and lifestyles of some pupils lead to an increased risk of abuse; apply the use of reasonable force and physical intervention only as a last resort and in compliance with the Staff Code of Conduct (including restraint policy) and Somerset LSCB guidance; refer all concerns about a pupil s safety and welfare to the DSL or, if necessary, directly to the Police or Somerset LSCB, Somerset Direct; follow the School s rules with regard to communication with pupils and use of social media; see Staff Use of Social Media Policy. 17

18 Additionally, staff should be aware that curriculum content can sometimes include subject matter which is sexually explicit or of an otherwise sensitive nature. Care should be taken to ensure that curriculum materials can not be misinterpreted and clearly relate to the learning outcomes identified for that lesson. Schemes of work should highlight particular areas of risk and sensitivity. The curriculum can sometimes include or lead to unplanned discussion about subject matter which is sexually explicit, or of an otherwise sensitive nature. Responding to pupils questions may require careful judgement and staff may wish to take guidance in these circumstances. This means that staff should not enter into or encourage inappropriate or offensive discussion about sexual activity. Care should also be taken to abide by the School s policy on sex education and the wishes of parents who have the right to withdraw their children from all or part of any sex education provided (but not from the biological aspects of human growth and reproduction necessary under the National Curriculum science programme). 18

19 5. Children missing from education A child going missing from education is a potential indicator of abuse and neglect, including sexual abuse and sexual exploitation. The DSL will monitor unauthorised absence, particularly where children go missing on repeated occasions. We follow the DfE legal requirements for schools in respect of recording and reporting of children who leave school without any known destination and will report to the relevant local authority where a child is going to be deleted from the pupil roll in the applicable circumstances. Where a pupil has 10 consecutive school days of unexplained absence and all reasonable steps* have been taken by the School to establish their whereabouts without success, we will make referral to Somerset LSCB. *reasonable steps include: Telephone calls to all known contacts; Contact with other schools where siblings may be registered; Enquiries with any other Service known to be involved with the pupil/family; All contacts and outcomes to be recorded on the pupil s file. Please refer to Appendix 4 for further information on children missing from education. 19

20 6. Secure site 6.1 School premises The School will take all practicable steps to ensure that School premises are as secure as circumstances permit. 6.2 Visitors All visitors must sign in on arrival and sign out on departure and are escorted whilst on School premises by a member of staff or appropriately vetted volunteer, in accordance with the School's Visitors Policy set out in Appendix 3. 20

21 7. Monitoring The school monitors and evaluates its Child Protection Policy and procedures through the following activities: review of the policy annually or after an incident or change of legislation if sooner; governing body visits to the School; senior leadership team discussion sessions with children and staff; pupil questionnaires; frequent scrutiny of attendance data; regular analysis of a range of risk assessments; regular analysis of appropriate provision for the fulfilment of other safeguarding responsibilities relevant to the school; frequent scrutiny of governing body meeting minutes; logs of bullying and/or racist behaviour incidents are reviewed regularly by the senior leadership team and Nominated Governor; regular review of parental concerns and parental questionnaires; regular review of the use of pupil-specific leisure rooms and clubs at lunchtime and after school; regular review of training offered to staff, including e-safety training. 21

22 Appendix 1 From KCSIE July Types of abuse and neglect Abuse: a form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. They may be abused by an adult or adults or another child or children. Physical abuse: a form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. Emotional abuse: the persistent emotional maltreatment of a child such as to cause severe and adverse effects on the child s emotional development. It may involve conveying to a child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or making fun of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child s developmental capability as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyberbullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, although it may occur alone. Sexual abuse: involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children. Neglect: the persistent failure to meet a child s basic physical and/or psychological needs, likely to result in the serious impairment of the child s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: provide adequate food, clothing and shelter (including exclusion from home or abandonment); protect a child from physical and emotional harm or danger; ensure adequate supervision (including the use of inadequate care-givers); or ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child s basic emotional needs. 2. Specific safeguarding issues Expert and professional organisations are best placed to provide up-to-date guidance and practical support on specific safeguarding issues. For example information for schools and colleges can be found on the TES website and NSPCC website. Schools and colleges can also access broad government guidance on the issues listed below via the GOV.UK website: 22

23 child missing from education child missing from home or care 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 gender-based violence/violence against women and girls (VAWG) mental health private fostering preventing radicalisation sexting teenage relationship abuse trafficking 3. Further information on a Child Missing from Education All children, regardless of their circumstances, are entitled to a full time education which is suitable to their age, ability, aptitude and any special educational needs they may have. Local authorities have a duty to establish, as far as it is possible to do so, the identity of children of compulsory school age who are missing education in their area. A child going missing from education is a potential indicator of abuse or neglect. School and college staff should follow the school s or college s procedures for dealing with children that go missing from education, particularly on repeat occasions, to help identify the risk of abuse and neglect, including sexual exploitation, and to help prevent the risks of their going missing in future. Schools should put in place appropriate safeguarding policies, procedures and responses for children who go missing from education, particularly on repeat occasions. It is essential that all staff are alert to signs to look out for and the individual triggers to be aware of when considering the risks of potential safeguarding concerns such as travelling to conflict zones, FGM and forced marriage. The law requires all schools to have an admission register and, with the exception of schools where all pupils are boarders, an attendance register. All pupils must be placed on both registers. 1 All schools must inform their local authority 2 of any pupil who is going to be deleted from the admission register where they: have been taken out of school by their parents and are being educated outside the school system e.g. home education; 1 Regulation 4 of the Education (Pupil Registration) (England) Regulations Regulation 12(3) of the Education (Pupil Registration) (England) Regulations

24 have ceased to attend school and no longer live within reasonable distance of the school at which they are registered; have been certified by the school medical officer as unlikely to be in a fit state of health to attend school before ceasing to be of compulsory school age, and neither he/she nor his/her parent has indicated the intention to continue to attend the school after ceasing to be of compulsory school age; are in custody for a period of more than four months due to a final court order and the proprietor does not reasonably believe they will be returning to the school at the end of that period; or, have been permanently excluded. The local authority must be notified when a school is to delete a pupil from its register under the above circumstances. This should be done as soon as the grounds for deletion are met, but no later than deleting the pupil s name from the register. It is essential that schools comply with this duty, so that local authorities can, as part of their duty to identify children of compulsory school age who are missing education, follow up with any child who might be in danger of not receiving an education and who might be at risk of abuse or neglect. All schools must inform the local authority of any pupil who fails to attend school regularly, or has been absent without the school s permission for a continuous period of 10 school days or more, at such intervals as are agreed between the school and the local authority (or in default of such agreement, at intervals determined by the Secretary of State) Further information on Child Sexual Exploitation Child sexual exploitation (CSE) involves exploitative situations, contexts and relationships where young people receive something (for example food, accommodation, drugs, alcohol, gifts, money or in some cases simply affection) as a result of engaging in sexual activities. Sexual exploitation can take many forms ranging from the seemingly consensual relationship where sex is exchanged for affection or gifts, to serious organised crime by gangs and groups. What marks out exploitation is an imbalance of power in the relationship. The perpetrator always holds some kind of power over the victim which increases as the exploitative relationship develops. Sexual exploitation involves varying degrees of coercion, intimidation or enticement, including unwanted pressure from peers to have sex, sexual bullying including cyberbullying and grooming. However, it also important to recognise that some young people who are being sexually exploited do not exhibit any external signs of this abuse. 5. Further information on Female Genital Mutilation Female Genital Mutilation (FGM) comprises all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs. It is illegal in the UK and a form of child abuse with long-lasting harmful consequences. Professionals in all agencies, and individuals and groups in relevant communities, need to be alert to the possibility of a girl being at risk of FGM, or already having suffered FGM. 3 Regulation 12(1) of the Education (Pupil Registration) (England) Regulations

25 Indicators There is a range of potential indicators that a girl may be at risk of FGM. Warning signs that FGM may be about to take place, or may have already taken place, can be found on pages of the Multi-Agency Practice Guidelines, and Chapter 9 of those Guidelines (pp42-44) focuses on the role of schools and colleges. Section 5C of the Female Genital Mutilation Act 2003 (as inserted by section 75 of the Serious Crime Act 2015) gives the Government powers to issue statutory guidance on 10 Regulation 12(1) of the Education (Pupil Registration) (England) Regulations FGM to relevant persons. Once the government issues any statutory multi-agency guidance this will apply to schools and colleges. Actions If staff have a concern they should activate local safeguarding procedures, using existing national and local protocols for multi-agency liaison with police and children s social care. When mandatory reporting commences in October 2015 these procedures will remain when dealing with concerns regarding the potential for FGM to take place. Where a teacher discovers that an act of FGM appears to have been carried out on a girl who is aged under 18, there will be a statutory duty upon that individual to report it to the police. Mandatory Reporting Duty Section 5B of the Female Genital Mutilation Act 2003 (as inserted by section 74 of the Serious Crime Act 2015) will place a statutory duty upon teachers, 4 along with social workers and healthcare professionals, to report to the police where they discover (either through disclosure by the victim or visual evidence) that FGM appears to have been carried out on a girl under 18. Those failing to report such cases will face disciplinary sanctions. It will be rare for teachers to see visual evidence, and they should not be examining pupils, but the same definition of what is meant by to discover that an act of FGM appears to have been carried out is used for all professionals to whom this mandatory reporting duty applies. The Mandatory reporting duty will commence in October Once introduced, teachers must report to the police cases where they discover that an act of FGM appears to have been carried out. Unless the teacher has a good reason not to, they should still consider and discuss any such case with the school s designated safeguarding lead and involve children s social care as appropriate. 6. Further information on Preventing Radicalisation Protecting children from the risk of radicalisation should be seen as part of schools wider safeguarding duties, and is similar in nature to protecting children from other forms of harm and abuse. During the process of radicalisation it is possible to intervene to prevent vulnerable people being radicalised. Radicalisation refers to the process by which a person comes to support terrorism and forms of extremism. 5 There is no single way of identifying an individual who is likely to be susceptible to 4 Section 5B(11) of the Female Genital Mutilation Act 2003 (as inserted by section 74 of the Serious Crime Act 2015) provides a definition for the term teacher. 5 Extremism is vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces, whether in this country or overseas. 25

26 an extremist ideology. It can happen in many different ways and settings. Specific background factors may contribute to vulnerability which are often combined with specific influences such as family, friends or online, and with specific needs for which an extremist or terrorist group may appear to provide an answer. The internet and the use of social media in particular has become a major factor in the radicalisation of young people. As with managing other safeguarding risks, staff should be alert to changes in children s behaviour which could indicate that they may be in need of help or protection. School staff should use their professional judgement in identifying children who might be at risk of radicalisation and act proportionately which may include making a referral to the Channel programme. Prevent From 1 July 2015 specified authorities, including all schools as defined in the summary of this guidance, are subject to a duty under section 26 of the Counter-Terrorism and Security Act 2015 ( the CTSA 2015 ), in the exercise of their functions, to have due regard 6 to the need to prevent people from being drawn into terrorism. 7 This duty is known as the Prevent duty. It applies to a wide range of public-facing bodies. Bodies to which the duty applies must have regard to statutory guidance issued under section 29 of the CTSA 2015 ( the Prevent guidance ). Paragraphs of the Prevent guidance are concerned specifically with schools (but also cover childcare). It is anticipated that the duty will come into force for sixth form colleges and FE colleges early in the autumn. The statutory Prevent guidance summarises the requirements on schools in terms of four general themes: risk assessment, working in partnership, staff training and IT policies. Schools are expected to assess the risk of children being drawn into terrorism, including support for extremist ideas that are part of terrorist ideology. This means being able to demonstrate both a general understanding of the risks affecting children and young people in the area and a specific understanding of how to identify individual children who may be at risk of radicalisation and what to do to support them. Schools and colleges should have clear procedures in place for protecting children at risk of radicalisation. These procedures may be set out in existing safeguarding policies. It is not necessary for schools and colleges to have distinct policies on implementing the Prevent duty. The Prevent duty builds on existing local partnership arrangements. For example, governing bodies and proprietors of all schools should ensure that their safeguarding arrangements take into account the policies and procedures of Local Safeguarding Children Boards (LSCBs). The Prevent guidance refers to the importance of Prevent awareness training to equip staff to identify children at risk of being drawn into terrorism and to challenge extremist ideas. Individual schools are best placed to assess the training needs of staff in the light of their assessment of the risk to pupils at the school of being drawn into terrorism. As a 6 According to the Prevent duty guidance having due regard means that the authorities should place an appropriate amount of weight on the need to prevent people being drawn into terrorism when they consider all the other factors relevant to how they carry out their usual functions. 7 Terrorism for these purposes has the same meaning as for the Terrorism Act 2000 (section 1(1) to (4) of that Act). 26

27 minimum, however, schools should ensure that the designated safeguarding lead undertakes Prevent awareness training and is able to provide advice and support to other members of staff on protecting children from the risk of radicalisation. Schools must ensure that children are safe from terrorist and extremist material when accessing the internet in schools. Schools should ensure that suitable filtering is in place. It is also important that schools teach pupils about online safety more generally. The Department for Education has also published advice for schools on the Prevent duty. The advice is intended to complement the Prevent guidance and signposts other sources of advice and support. Channel School staff should understand when it is appropriate to make a referral to the Channel programme. 8 Channel is a programme which focuses on providing support at an early stage to people who are identified as being vulnerable to being drawn into terrorism. It provides a mechanism for schools to make referrals if they are concerned that an individual might be vulnerable to radicalisation. An individual s engagement with the programme is entirely voluntary at all stages. Section 36 of the CTSA 2015 places a duty on local authorities to ensure Channel panels are in place. The panel must be chaired by the local authority and include the police for the relevant local authority area. Following a referral the panel will assess the extent to which identified individuals are vulnerable to being drawn into terrorism, and, where considered appropriate and necessary consent is obtained, arrange for support to be provided to those individuals. Section 38 of the CTSA 2015 requires partners of Channel panels to co-operate with the panel in the carrying out of its functions and with the police in providing information about a referred individual. Schools and colleges which are required to have regard to Keeping Children Safe in Education are listed in the CTSA 2015 as partners required to cooperate with local Channel panels. 9 8 Guidance issued under section 36(7) and section 38(6) of the CTSA 2015 in respect of Channel is available at: 9 Such partners are required to have regard to guidance issued under section 38(6) of the CTSA 2015 when co-operating with the panel and police under section 38 of the CTSA

28 Appendix Child Protection Incident Reporting Form 28

29 29

30 30

31 Copies of this form are available to staff in the staff common room, the Deputy Heads office, the shared area of the School s IT network and School Reception. 31

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