Parkfields Middle School

Transcription

1 Parkfields Middle School POLICY 11 Legislative Requirements SAFEGUARDING POLICY Section 175 of the Education Act 2002 requires governing bodies of maintained schools in relation to their functions relating to the conduct of the school or the institution to make arrangements for ensuring that such functions are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school. Other legislative requirements are listed in Annex A. The school must also follow the Statutory Guidance Keeping Children Safe in Education July This policy should be read alongside that guidance. Further non statutory guidance is also available in Guidance for safer working practice for those working with children and young people in education settings 2015 In addition, the Statutory Guidance Working together to Safeguard Children (March 2015) requires schools to have in place arrangements that reflect the importance of safeguarding and promoting the welfare of children, including: a clear line of accountability for the commissioning and/or provision of services designed to safeguard and promote the welfare of children; a senior board level lead to take leadership responsibility for the organisation s safeguarding arrangements; a culture of listening to children and taking account of their wishes and feelings, both in individual decisions and the development of services; clear whistleblowing procedures, which reflect the principles in Sir Robert Francis s Freedom to Speak Up review and are suitably referenced in staff

2 training and codes of conduct, and a culture that enables issues about safeguarding and promoting the welfare of children to be addressed; arrangements which set out clearly the processes for sharing information, with other professionals and with the Local Safeguarding Children Board (LSCB); a designated professional lead (or, for health provider organisations, named professionals) for safeguarding.; safe recruitment practices for individuals whom the organisation will permit to work regularly with children, including policies on when to obtain a criminal record check; appropriate supervision and support for staff, including undertaking safeguarding training to; ensure staff are competent to carry out their responsibilities for safeguarding and promoting the welfare of children and creating an environment where staff feel able to raise concerns and feel supported in their safeguarding role; staff should be given a mandatory induction, which includes familiarisation with child protection responsibilities and procedures to be followed if anyone has any concerns about a child s safety or welfare; and all professionals should have regular reviews of their own practice to ensure they improve over time. clear policies in line with those from the LSCB for dealing with allegations against people who work with children. Definition of Safeguarding Safeguarding and promoting the welfare of children is defined by the Department for Education as: protecting children from maltreatment; preventing impairment of children s health or development; ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and taking action to enable all children to have the best outcomes. Children includes everyone under the age of 18. Protecting children from abuse is central to safeguarding. Abuse has a number of forms including, physical, emotional and sexual abuse and neglect. A more detailed explanation of these types of abuse is in Annex B.

3 Specific Issues in relation to Safeguarding include: children missing from home or education 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 As a result safeguarding includes issues such as: a) pupil absence b) pupils health and safety c) bullying d) racist abuse e) harassment and discrimination f) use of physical intervention g) meeting the needs of pupils with medical conditions h) providing first aid i) drug and substance misuse j) educational visits k) intimate care l) internet safety m) issues which may be specific to a local area or population, e.g. gang activity n) school security. Purpose of the Policy This policy is intended to: Set out the school s responsibilities for safeguarding. Set out effective policies and procedures for the school in accordance with current government guidance to meet those responsibilities. The procedures and further information are set out in annexes as follows: A. Legislation B. What May Constitute Abuse C. Role of the Designated Person D. Safer Recruitment E. What is Regulated Activity?

4 F. Safe Access to Pupils and Safe Buildings G. Procedures for Identification and Reporting of Cases of Potential Harm to a Child H. Working with others I. Allegations J. Allegations against other children K. Sexually Active Pupils L. Support for pupils who have suffered abuse or who are otherwise vulnerable (for example, children living away from home): M. Measures to facilitate and promote the safe use of technology (in line with the Local Authority Guidance e-safeguarding: Creating Working Procedures in Schools (2009)) N. Disagreements O. Definition of private fostering P. Prevent duty (see Annex P) General Principles The school will follow the guidance in Keeping Children Safe in Education July Where a child is suffering significant harm, or is likely to do so, the school will take action to protect that child. Action will also be taken to promote the welfare of a child in need of additional support, even if they are not suffering harm or are at immediate risk. Roles and Responsibilities All Everyone who comes into contact with children and their families has a role to play in safeguarding children. Governors The school will: Maintain this policy to describe procedures which are in accordance with government guidance and refer to locally agreed inter-agency procedures put in place by the LSCB. Maintain a code of conduct which will, amongst other things, include- staff/pupil relationships and communications, including the use of social media. Provide the safeguarding policy and code of conduct to all staff including temporary staff and volunteers on induction. Update the safeguarding policy annually and ensure staff are aware of changes. Make the policies and procedures for child protection available via the school website.

5 Governors have also agreed other relevant policies including: a) A Pastoral Policy - to establish the roles and responsibilities of staff in relation to the welfare of each child, identification of needs and concerns and the provision of support. b) An Individual Support Policy - to assess the needs of the whole child and provide appropriate individual support. c) Behaviour and Anti-Bullying policies - to set high expectations, promote caring and positive behaviour, prevent bullying and deal with undesirable behaviour. d) An Equal Opportunities Policy - to promote an atmosphere in which every individual is valued and promote mutual respect and trust between all pupils and adults from different groups. e) A Personnel Policy - which requires safer recruitment of staff and volunteers and creates an environment where staff feel able to raise concerns and feel supported in their safeguarding role f) A Whistleblowing Policy - which enables staff to raise concerns. g) An Acceptable Access Policy - to facilitate and promote the safe use of technology. h) A Curriculum Policy - which promotes the safeguarding of children through the curriculum, by developing children s understanding, awareness and resilience and through giving them a voice. i) A Health and Safety Policy - which ensures that the school is safe and secure for children. (see also Annex F Safe Access to Pupils and Safe Buildings) j) An Attendance Policy - which includes a procedure concerning missing children. k) An Intimate Care Policy The Headteacher The Headteacher is responsible for: Ensuring that safeguarding policies and procedures agreed by the Governing Body, particularly concerning referrals of cases of suspected abuse and neglect, are followed by all staff. Bringing any deficiencies or weaknesses in these policies and procedures to the notice of the Governing Body and proposing steps to be taken to remedy these without delay. The Headteacher has an open door policy for concerns of this kind and both the Headteacher and encourages reporting. In his absence the designated person or deputy and the Nominated Safeguarding Governor will be available. The Designated Safeguarding Lead Andy Fisher (Deputy Head) has been appointed as the designated safeguarding lead. The duties of the safeguarding lead are set out in annex C and in the role-holder s job description. The school will provide the designated safeguarding lead with appropriate authority, time, funding, training, resources and support to: provide advice and support to other staff on child welfare and child protection matters, take part in strategy discussions and inter-agency meetings and/or to support other staff to do so and contribute to the assessment of children.

6 The designated safeguarding lead will also liaise with the local authority and work with other agencies in line with Working Together to Safeguard Children The school will ensure that there is always cover for this role. The Deputy Head responsible for CPD will ensure that all staff have attended the appropriate training, including suitable training for the Designated Person. The Deputy Head responsible for the Curriculum will ensure that the curriculum promotes the safeguarding of children and young people by developing children s understanding, awareness and resilience and through giving them a voice. The Subject Leader in Life Skills will be responsible for developing the curriculum to provide opportunities for children to develop the skills they need to recognise and stay safe from abuse. This may include topics such as how to look after ourselves and be safe; physical and emotional changes that happen during puberty, sex and relationships, rights and responsibilities, building self-esteem; family issues and resisting pressure, decision making, Internet safety. Teachers Teachers, including the headteacher are expected to safeguard children s wellbeing and maintain public trust in the teaching profession as part of their professional duties (The Teachers Standards 2012). All Staff School staff will seek to identify concerns early and provide help for children, to prevent concerns from escalating. They will also work with social care, the police, health services and other services to promote the welfare of children and protect them from harm. All school staff have a responsibility to: provide a safe environment in which children can learn. be aware of systems within the school which support safeguarding and these will be explained to them as part of staff induction. This includes: this policy and Annexes; the school s staff behaviour policy (code of conduct); and the role of the designated safeguarding lead. be aware of the signs of abuse and neglect, so that they are able to identify cases of children who may be in need of help or protection. If staff members are unsure, they should always speak to the designated safeguarding lead. Advice is also available from The Local Safeguarding Children Board (LSCB) and the NSPCC website. In exceptional circumstances, such as in emergency or a genuine concern that appropriate action has not been taken, staff members can speak directly to children s social care.

7 identify children who may be in need of extra help or who are suffering, or are likely to suffer, significant harm. meet the statutory duty on teachers to report to police any instance where they discover through disclosure that FGM has been carried out on a girl under 18. Unless the teacher has good reason, any concerns of FGM should be passed to the school s Designated Safeguarding Lead. take appropriate action, working with other services as needed. work with the designated safeguarding lead and to support social workers to take decisions about individual children. All staff members will also receive appropriate child protection training which is regularly updated in line with current statutory guidance. If Staff Have Concerns When concerned about the welfare of a child, staff members should always act in the interests of the child. The procedures for taking forward concerns are set out in Annex G. If staff members have concerns about a child they should raise these with Andy Fisher, the school s designated safeguarding lead. He will usually decide whether to make a referral to children s social care, but any staff member can refer their concerns to children s social care directly. If, at any point, there is a risk of immediate serious harm to a child a referral should be made to children s social care immediately. Anybody can make a referral. If the child s situation does not appear to be improving the staff member with concerns should press for re-consideration. Concerns should always lead to help for the child at some point. It is important for children to receive the right help at the right time to address risks and prevent issues escalating. Staff should avoid: failing to act on and refer the early signs of abuse and neglect, poor record keeping, failing to listen to the views of the child, failing to re-assess concerns when situations do not improve, sharing information too slowly and a lack of challenge to those who appear not to be taking action. Further advice is available for staff from the Department for Education What to do if you are worried a child is being abused Advice for practitioners to help practitioners identify child abuse and neglect and take appropriate action in response. What staff should do if they have concerns about another staff member If staff members have concerns about another staff member then this should be referred to the headteacher. Where there are concerns about the headteacher this should be

8 referred to the chair of governors. Further procedures in relation to concerns about allegations against staff members are set out in Annex I. What school staff should do if they have concerns about safeguarding practices within the school Staff and volunteers should always feel able to raise concerns about poor or unsafe practice and potential failures in the school safeguarding regime. The whistleblowing policy and procedures set out the ways in which such concerns may be raised with the school management team. Inter-agency working See Also Annex H Where a child and family would benefit from coordinated support from more than one agency (for example education, health, housing, police) there should be an inter-agency assessment. These assessments should identify what help the child and family require to prevent needs escalating to a point where intervention would be needed via a statutory assessment under the Children Act The early help assessment should be undertaken by a lead professional who could be a teacher, special educational needs coordinator, General Practitioner (GP), family support worker, and/or health visitor. The School will: Contribute to inter-agency working in line with statutory guidance Working Together to Safeguard Children 2015, including 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. Allow access for children s social care from the host local authority and, where appropriate, from a placing local authority, for that authority to conduct, or to consider whether to conduct, a section 17 or a section 47 assessment. Take into account the procedures and practice of the local authority as part of the inter-agency safeguarding procedures set up by the Local Safeguarding Children Board (LSCB). Nominate a member of the governing body, usually the chair, to liaise with the designated officer(s) from the relevant local authority and partner agencies in the event of allegations of abuse made against the headteacher. In the event of allegations of abuse being made against the headteacher, allegations should be reported directly to the designated officer(s).

9 Safeguarding Training Parkfields School recognises that practitioners need to continue to develop their knowledge and skills in this area. They should have access to training to identify and respond early to abuse and neglect, and to the latest research showing what types of interventions are the most effective. The School will therefore ensure that: i. All staff who work with children, are made aware of the school s policies and procedures and are expected to ensure that they understand and comply with these. ii. Individual staff are made aware of their specific responsibilities and these are reflected in job descriptions. The school provides adequate time and support for these roles. iii. The designated person provides advice and support to other staff, liaising with the local authority, and working with other agencies. iv. In addition to basic child protection training, the designated person undertakes training in inter-agency working as required by guidance or legislation or as the headteacher or designated person believes is necessary. v. New staff undergo induction which includes familiarisation with child protection responsibilities and procedures to be followed if anyone has any concerns about a child s safety or welfare vi. All staff undertake appropriate training to equip them to carry out their responsibilities for child protection effectively, that is kept up to date by refresher training as required in guidance and in line with advice from the LSCB, vii. Temporary staff and volunteers who work with children are made aware of the school s arrangements for child protection and their responsibilities. viii. All professionals have regular reviews of their own practice to ensure they improve over time. ix. The Designated Person for Child Protection will have responsibility for determining what training is required. x. The Deputy Head responsible for CPD will ensure that all staff attend the appropriate training, including suitable training for the Designated Person. Opportunities to teach safeguarding The school will seek to teach children 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 for maintained schools and colleges through sex and relationship education (SRE). Safer recruitment The school will take steps to 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 any checks beyond what is required; ensuring volunteers are appropriately supervised.

10 having written recruitment and selection policies and procedures in place. ensuring that at least one person on any appointment panel has undertaken safer recruitment training. Further details of the safer recruitment procedures are in Annex D Allegations of abuse made against teachers and other staff The school will ensure there are procedures in place to handle allegations against members of staff and volunteers. Such allegations will be referred to the designated officer(s) at the local authority. (See Annex I) If a person in regulated activity (see Annex E) has been dismissed or removed due to safeguarding concerns, or would have been had they not resigned, a referral must still be made to the Disclosure and Barring Service. The procedures for this are set out in Annex I. Allegations of abuse made against other children The procedures in place to handle allegations against other children are in Annex J. The child s wishes The school will ensure the child s wishes and feelings are taken into account when determining what action to take and what services to provide to protect individual children through ensuring there are systems in place for children to express their views and give feedback. Staff members should not agree confidentiality and always act in the interests of the child. Looked after children Andy Fisher is the designated teacher to promote the educational achievement of children who are looked after and will receive appropriate training for this role. The most common reason for children becoming looked after is as a result of abuse and/or neglect. The school will ensure that staff have the skills, knowledge and understanding necessary to keeping looked after children safe. In particular, that appropriate staff has the information they need in relation to a child s looked after legal status (whether they are looked after under voluntary arrangements with consent of parents or on an interim or full care order) and contact arrangements with birth parents or those with parental responsibility. They should also have information about the child s care arrangements and the levels of authority delegated to the carer by the authority looking after him/her. The designated safeguarding lead will have details of the child s social worker and the name of the virtual school head in the authority that looks after the child.

11 Missing children A child going missing from education is a potential indicator of abuse and neglect. The school has in place 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. These are set out in the attendance policy. In addition, the school supports the Authority s policies on school attendance and children missing education and in particular by adhering to the missing children procedures. The school will also ensure that 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.

12 Annex A: Legislation Education The Children Act 1989 and 2004 Education Act 2002 The Education (Health Standards) (England) Regulations 2003 The Further Education (Providers of Education) (England) (Regulations) 2006 The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 as amended by SI 2010/1919, SI 2012/1201, SI 2012/1825, SI 2012/3158 The School Staffing (England) Regulations 2009 as amended by SI 2012/1740 and SI 2013/1940 The Education (Non-Maintained Special Schools) (England) Regulations 2011 as amended by SI 2015/387 The Education (School Teachers Appraisal) (England) Regulations 2012 The Children and Families Act 2014 The Education (Independent School Standards) Regulations 2014 Police Police Act 1997 The Police Act 1997 (Criminal Records) Regulations 2002, as amended The Police Act 1997 (Criminal Records) (No 2) Regulations 2009, as amended The Sexual Offences Act 2003 The Serious Crime Act 2015 (Including S70-75 legal powers to deal with FGM). The Counter Terrorism and Security Act 2015 (the Prevent duty), Other Safeguarding Vulnerable Groups Act 2006 Protection of Freedoms Act 2012 Equality Act 2010 The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975, as amended

13 Annex B Explanation of What May Constitute Abuse Physical 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.

14 Annex C Role of the Designated Safeguarding Lead The Designated Person for Child Protection will have responsibility for: Managing referrals Refer all cases of suspected abuse to the local authority children s social care and: The designated officer(s) for child protection concerns (all cases which concern a staff member), Disclosure and Barring Service (cases where a person is dismissed or left due to risk/harm to a child); and/or Police (cases where a crime may have been committed). Liaise with the headteacher or principal to inform him or her of issues, especially ongoing enquiries under section 47 of the Children Act 1989 and police investigations. Act as a source of support, advice and expertise to staff on matters of safety and safeguarding and when deciding whether to make a referral by liaising with relevant agencies. Training The designated safeguarding lead should receive appropriate training carried out every two years in order to: Understand the assessment process for providing early help and intervention, for example through locally agreed common and shared assessment processes such as early help assessments. Have a working knowledge of how local authorities conduct a child protection case conference and a child protection review conference and be able to attend and contribute to these effectively when required to do so. Ensure each member of staff has access to and understands the school s child protection policy and procedures, especially new and part time staff. Be alert to the specific needs of children in need, those with special educational needs and young carers. Be able to keep detailed, accurate, secure written records of concerns and referrals.

15 Obtain access to resources and attend any relevant or refresher training courses. Encourage a culture of listening to children and taking account of their wishes and feelings, among all staff, in any measures the school may put in place to protect them. Raising Awareness The designated safeguarding lead should ensure the school s policies are known and used appropriately: Ensure the school s child protection policy is reviewed annually and the procedures and implementation are updated and reviewed regularly, and work with governing bodies or proprietors regarding this. Ensure the child protection policy is available publicly and parents are aware of the fact that referrals about suspected abuse or neglect may be made and the role of the school in this. Link with the local LSCB to make sure staff are aware of training opportunities and the latest local policies on safeguarding. Where children leave the school ensure their child protection file is transferred to the new school as soon as possible. This should be transferred separately from the main pupil file, ensuring secure transit and confirmation of receipt should be obtained. To achieve these aims the Designated Person will specifically be responsible for: i. Ensuring that every member of staff (employed directly or indirectly via another organisation; permanent and temporary), volunteer and governor is a. aware of this policy together with other relevant safeguarding policies or guidance b. aware of their own role in safeguarding/ promoting welfare c. aware of the identity and role of the designated person/s. d. provided with appropriate training ii. Ensuring that this policy is drawn to the attention of staff who will be asked to ensure that they read it and understand their own role. iii. Ensuring that temporary staff, visitors and volunteers are also made aware of the policy as appropriate to their role. iv. Ensuring that children know that there are adults in the school whom they can approach if they are worried. v. Ensuring that all staff and volunteers feel able to raise concerns about poor or unsafe practice with regard to children. vi. Displaying/distributing appropriate safeguarding materials and information including making forms available for reporting concerns.

16 vii. Creating and maintaining written records in respect of all children for whom child protection concerns have been identified, regardless of whether there is a need to make an immediate referral. viii. Recording any case where he/she believes that a decision made by another professional exposes a child to risk and if necessary escalate the matter as required in Appendix 1. ix. Conduct an assessment of the situation where a child may be engaging in sexual activity. x. Seeking the consent of parents/carers/child/young person (as appropriate) to assess the needs and solicit support as appropriate where a child is identified as in need. xi. Making arrangements to ensure that a copy of a pupil/student s child protection file (where one exists) is securely transferred in a timely fashion to the Designated Person at the receiving school/college when a pupil/student transfers. xii. Notifying the social worker or their office, of any change in that child s circumstances, including any changes to schooling arrangements. xiii. Bringing to the immediate attention of the Education Welfare Service the absence from school of any child for whom there are child protection concerns.

17 Annex D Safer Recruitment procedures Recruitment, selection and pre-employment vetting The school will act reasonably in making decisions about the suitability of the prospective employee based on checks and evidence, including: criminal record checks (DBS checks), barred list checks and prohibition checks together with references and interview information. The level of DBS certificate required, and whether a prohibition check is required, will depend on the role and duties of an applicant to work in the school. For most appointments, an enhanced DBS certificate, which includes barred list information, will be required as the majority of staff will be engaging in regulated activity (see Annex E). A person will be considered to be engaging in regulated activity if as a result of their work they: will be responsible, on a regular basis in a school or college, for teaching, training instructing, caring for or supervising children; or will carry out paid, or unsupervised unpaid, work regularly in a school or college where that work provides an opportunity for contact with children; or engage in intimate or personal care or overnight activity, even if this happens only once. The full legal definition of regulated activity is set out in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Freedoms Act For all other staff who have an opportunity for regular contact with children who are not engaging in regulated activity, an enhanced DBS certificate, which does not include a barred list check, will be appropriate. This would include contractors that would have the opportunity for contact with children and who work under a temporary or occasional contract. A supervised volunteer who regularly teaches or looks after children is not in regulated activity. The Department for Education (DfE) has published separate statutory guidance on supervision and regulated activity which schools and colleges should have regard to when considering which checks should be undertaken on volunteers.

18 In addition to obtaining the DBS certificate described, anyone who is appointed to carry out teaching work will require an additional check to ensure they are not prohibited from teaching. Pre-appointment checks New appointments Any offer of appointment made to a successful candidate, including one who has lived or worked abroad, will be conditional on satisfactory completion of the necessary preemployment checks. When appointing new staff, the school will (subject to paragraph Z) verify a candidate s identity. obtain a certificate for an enhanced DBS check which will include barred list information, for those who will be engaging in regulated activity; obtain a separate barred list check if an individual will start work in regulated activity before the DBS certificate is available; verify the candidate s mental and physical fitness to carry out their work responsibilities. A job applicant can be asked relevant questions about disability and health in order to establish whether they have the physical and mental capacity for the specific role; verify the person s right to work in the UK. If there is uncertainty about whether an individual needs permission to work in the UK, then prospective employers, or volunteer managers, should follow advice on the GOV.UK website; if the person has lived or worked outside the UK, make any further checks the school consider appropriate (see paragraph 75); and verify professional qualifications, as appropriate The school will also ensure that a candidate to be employed as a teacher is not subject to a prohibition order issued by the Secretary of State, using the Employer Access Online service. Where an enhanced DBS certificate is required, it will be obtained from the candidate before, or as soon as practicable after, the person s appointment. The school may also require an enhanced DBS certificate and checks for events that may have occurred outside the UK even if, in the three months prior to their appointment, the applicant has worked in a school in England in a post which brought them into regular contact with children or young persons in any post in a school since 12 May Where an enhanced DBS certificate is not required, all other preappointment checks must still be completed, including where the individual is engaging in regulated activity, a barred list check. DBS Update Service The school may use the DBS Update Service at the point an application for a new DBS check is made, to confirm that no new information has been added to the certificate since its issue. Before using the Update Service the school will:

19 a. obtain consent from the applicant to do so; b. confirm the certificate matches the individual s identity; and c. examine the original certificate to ensure that it is for the appropriate workforce and level of check, e.g. enhanced certificate/enhanced including barred list information. Employment history and references The school will always ask for written information about previous employment history and check that information is not contradictory or incomplete. References will be sought on all short-listed candidates, including internal ones, before interview, so that any issues of concern they raise can be explored further with the referee, and taken up with the candidate at interview. References will always be obtained, scrutinised and any concerns resolved satisfactorily, before the appointment is confirmed. References will be requested directly from the referee and open references, for example, in the form of to whom it may concern will not be acceptable. If a candidate for a teaching post is not currently employed as a teacher, the school will check with the school, college or local authority at which they were most recently employed, to confirm details of their employment and their reasons for leaving. References will be checked to ensure that all specific questions have been answered satisfactorily and further clarification may be requested from the referee as appropriate. References will also be compared for consistency with the information provided by the candidate on their application form. Any discrepancies will be taken up with the candidate. Any information about past disciplinary action or allegations will be considered carefully when assessing the applicant s suitability for the post (including information obtained from the Employer Access Online checks). Single central record The school will keep a single central record. The single central record will cover all staff (including supply staff, and teacher trainees on salaried routes) who work at the school. The information recorded in respect of staff members (including teacher trainees on salaried routes) will be whether the following checks have been carried out or certificates obtained, and the date on which each check was completed/certificate obtained: an identity check; a barred list check; an enhanced DBS check/certificate; a prohibition from teaching check; further checks on people living or working outside the UK; a check of professional qualifications; and a check to establish the person s right to work in the United Kingdom.

20 For supply staff, the school will also include whether written confirmation that the employment business supplying the member of supply staff has carried out the relevant checks and obtained the appropriate certificates, whether any enhanced DBS check certificate has been provided in respect of the member of supply staff, and the date that confirmation was received. Where checks are carried out on volunteers, the school will record this on the single central record. Regulations 12(7) and 24(7) and Schedule 2 to the School Staffing (England) Regulations 2009 and the School Staffing (England) Amendment Regulations 2013 (applied to pupil referral units through the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007) set out the details of records that will be kept; The Schools may decide to keep copies of DBS certificates in order to fulfil the duty of maintaining the single central record for up to six months. A copy of the other documents used to verify the successful candidate s identity, right to work and required qualifications will be kept for the personnel file. Individuals who have lived or worked outside the UK Individuals who have lived or worked outside the UK must undergo the same checks as all other staff in schools or colleges. In addition, the school must make any further checks it thinks appropriate so that any relevant events that occurred outside the UK can be considered. The Home Office guidance on criminal record checks for overseas applicants covers this. The Department for Education has also issued guidance on the employment of overseas-trained teachers. Agency and third-party staff The School will obtain written notification from any agency, or third-party organisation they use that the organisation has carried out the checks (in respect of the enhanced DBS certificate that written notification has been received that confirms the certificate has been obtained by either the employment business or another such business), on an individual who will be working at the school, that the school would otherwise perform. Where the position requires a barred list check this must be obtained, by the agency or third-party prior to appointing that individual. The school will also check that the person presenting themselves for work is the same person on whom the checks have been made. Trainee/student teachers Where applicants for initial teacher training are salaried by the school, the school will ensure that all necessary checks are carried out. As trainee teachers are likely to be engaging in regulated activity (see Annex E), an enhanced DBS certificate (including and barred list information) must be obtained. Where trainee teachers are fee-funded the school will obtain written confirmation from the training provider that these checks have been carried out and that the trainee has been judged by the provider to be suitable to work with children. The school may not record details of fee-funded trainees on the single central record.

21 Existing staff If the school has concerns about an existing staff member s suitability to work with children, or if a member of staff the school moves from a post that was not regulated activity, into work which is regulated activity, the school will carry out all relevant checks as if the person were a new member of staff. Apart from these circumstances, the school will not usually request a DBS check or barred list check. The School has a legal duty to refer to the DBS anyone who has harmed, or poses a risk of harm, to a child or vulnerable adult; where the harm test is satisfied in respect of that individual; where the individual has received a caution or conviction for a relevant offence, or if there is reason to believe that individual has committed a listed relevant offence; and that individual has been removed from working (paid or unpaid) in regulated activity, or would have been removed had they not left. The referral will be made as soon as possible after the resignation or removal of the individual. Where the school dismisses or ceases to use the services of a teacher because of serious misconduct, or might have dismissed them or ceased to use their services had they not left first, it must 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. Volunteers A volunteer at the school in respect of whom no checks have been obtained will not be left unsupervised where they have access to children or allowed to work in regulated activity. Where there is any access to children, the School will determine the appropriate level of supervision depending on the circumstances. Volunteers who, on an unsupervised basis teach or look after children regularly, or provide personal care on a one-off basis in the school will be in regulated activity. The school will obtain an enhanced DBS certificate (which should include barred list information) for all volunteers who are new to working in regulated activity. Existing volunteers in regulated activity may also be re-checked even if they have already had a DBS check (which includes barred list information). The School may also obtain an enhanced DBS certificate (not including barred list information), for volunteers who are not engaging in regulated activity, but have the opportunity to come into contact with children on a regular basis, e.g. supervised volunteers. The school will should undertake a risk assessment and use professional judgement and experience when deciding whether to seek an enhanced DBS check for any volunteer not engaging in regulated activity. In doing so the school will consider: the nature of the work with children;

22 what the establishment knows about the volunteer, including formal or informal information offered by staff, parents and other volunteers; whether the volunteer has other employment or undertakes voluntary activities where referees can advise on suitability; and whether the role is eligible for an enhanced DBS check. If the volunteer is to be supervised while undertaking an activity, which would be regulated activity if it was unsupervised, the statutory guidance in Keeping Children Safe in Education Annex D must be followed. This requires that: there must be supervision by a person who is in regulated activity; the supervision must be regular and day to day; and the supervision must be reasonable in all the circumstances to ensure the protection of children. School governors Governors who are volunteers will be treated on the same basis as other volunteers, that is, an enhanced DBS check (which will include a barred list check) will only be requested if the governor will be engaging in regulated activity. The Governing body may request an enhanced DBS check without a barred list check on an individual as part of the appointment process for governors. Contractors The School will ensure that any contractor, or any employee of the contractor, who is to work at the school has been subject to the appropriate level of DBS check. Contractors engaging in regulated activity will require an enhanced DBS certificate (including barred list information). For all other contractors who are not engaging in regulated activity, but whose work provides them with an opportunity for regular contact with children, an enhanced DBS check (not including barred list information) will be required. In considering whether the contact is regular, it is irrelevant whether the contractor works on a single site or across a number of sites. A contractor in respect of whom no checks have been obtained will not be allowed to work unsupervised where they have access to children, or engage in regulated activity. Where there is any access to children, the School will determine the appropriate level of supervision depending on the circumstances. If a contractor working at a school is self-employed, the school will consider obtaining the DBS check, as self-employed people are not able to make an application directly to the DBS on their own account. The School will always check the identity of contractors and their staff on arrival at the school.

23 Visitors The School does not have the power to request DBS checks and barred list checks, or ask to see DBS certificates, for visitors (for example children s relatives or other visitors attending a sports day). The Headteacher will use their professional judgment about the need to escort or supervise visitors. Annex E Regulated activity The full legal definition of regulated activity is set out in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Freedoms Act Essentially, regulated activity includes: a) teaching, training, instructing, caring for (see (c) below) or supervising children if the person is unsupervised, or providing advice or guidance on well-being, or driving a vehicle only for children, b) work for a limited range of establishments (known as specified places, which include schools and colleges), with the opportunity for contact with children, but not including work done by supervised volunteers; Work under (a) or (b) is regulated activity only if done regularly. Some activities are always regulated activities, regardless of their frequency or whether they are supervised or not. This includes: c) relevant personal care, or health care provided by or provided under the supervision of a health care professional: personal care includes helping a child, for reasons of age, illness or disability, with eating or drinking, or in connection with toileting, washing, bathing and dressing; health care means care for children provided by, or under the direction or supervision of, a regulated health care professional.

24 Annex F Safe Access to Pupils and Safe Buildings The School will ensure safe access to pupils and safe buildings by: a) Ensuring that our buildings and site are secure and that visitors to the school are properly checked and supervised; including use of CCTV to monitor access to the school, intercom access to reception allowing staff to determine visitors status before admitting them, securing the rear site access during school times, barrier controlled by staff to playground to limit vehicular access, signing in and out for all visitors who will be required to wear badges and may be accompanied around the building, emergency lockdown procedure in place. Pupils are not permitted to leave the school site unless signed out by a parent/carer. b) Having a Health & Safety Policy and procedures and ensuring that they are understood by all staff. c) Having a policy on intimate and personal care which staff are aware of. d) Ensuring that the Physical Intervention Policy is understood by all staff by ensuring that this policy is circulated to staff on induction. e) Ensuring that all staff are risk aware and routinely conduct risk assessments, as appropriate to their individual role and responsibilities and activities undertaken. (See Health and Safety Policy) f) Ensuring that where appropriate staff, governors and regular visitors and volunteers have been made aware of the non-statutory guidance Guidance for Safer Working Practice for Those Working with Children and Young People in Education Settings (2015) document and work to the guidance contained therein. Consideration will also be given to the relevance of communicating guidance around safe working practices to occasional visitors and volunteers as part of the risk assessment process. This document will be drawn to the attention of all staff who will be asked to ensure that they read it. It will be the responsibility of the member of staff concerned in supervising a regular volunteer or visitor to ensure that such people are aware of relevant issues from this document as part of their induction or introduction to the visit. g) Ensuring that all staff are aware that where occasional or one-off visitors, contractors or volunteers have not undergone such a process, they will not have unsupervised access to children and as appropriate formal risk assessment processes will be undertaken. h) Ensuring that where school premises are used by other bodies, both during and outside school hours, the Governing Body will be responsible for seeking assurance that the body concerned has appropriate policies and procedures in place with regard to safeguarding children and child protection and that risk assessments have been done in accordance with statutory guidance (including that relating to onsite, residential accommodation).