Child Protection

include Policy > Child Protection

Purpose

To provide guidance to include staff on child protection procedures. For the purpose of this document a young person is anyone under the age of 18 (Children’s Act 1989 definition)

In line with Safeguarding Children in Education (DfES/0027/2004) include contributes to:

Providing a safe environment for children and young people to learn in education settings; and
Identifying children and young people who are suffering or likely to suffer significant harm, and taking appropriate action with the aim of making sure they are kept safe both at home and at school.

include uses systems designed to:

Prevent unsuitable people working with children and young people (see Recruitment Guide for Managers);
Promote safe practice and challenge poor and unsafe practice;
Identify instance in which there are ground for concern about a child’s welfare, and initiate/take appropriate action to keep them safe;
Contribute to effective partnership working between all those involved with providing services for children.

Who Should Apply the Procedure and When

All staff when working with young people.
All managers when supporting staff and responding to any issues/concerns.
The Training Manager when commissioning appropriate training and identifying staff to attend.

Performance Standards

Standards to be met are those set by the appropriate Area Child Protection Committee.

The following principles are key:

The interests of the child are paramount.
In cases of suspected child abuse all staff have a responsibility for referral to Social Services or the police.
Immediate action, to refer or consult, is required where there is suspicion of abuse.
Investigation is the responsibility of the relevant Social Services Department staff and the Police. These agencies have to balance the necessity for action to protect the child with the potential adverse effects of an investigation on the family and/or others.
Written records, signed and dated, must be carefully made at each stage. All documents should be kept to the standards outlined in the CfBT's data protection work procedures.
All staff must access appropriate Child Protection training on a two year cycle.

The Procedure

If someone tells you that they, or someone they know is being abused:

Believe what the person is saying and take it seriously.
Reassure the person who has made the disclosure to you that they have done the right thing.
Giving the child time to talk may be appropriate, but do not probe or ask leading questions. Investigation is not your responsibility. Undue or inappropriate questioning at this stage may prejudice evidence needed in possible court hearings.
Do not promise to keep secrets.
Write down exactly what you have been told as soon after the event as practically possible. Ensure that you record time and date.
Explain to the person that you will share this information to the Operations Manager or appropriate person in school who will ensure the appropriate procedures will be followed.
All allegations of harm or potential harm must be acted upon.
The Operations Manager/Senior School Representative will support you contacting social services, or failing that, the local police station.
If for any reason, you cannot immediately contact the Operations Manager/senior school staff member, contact directly the local social services emergency duty social worker or the police, if this is not possible
When a referral is made to social services agree with them what the child and parents will be told, by whom and when. Do not leave messages. Always speak to someone.
If you make a referral by phone, confirm it in writing within 48 hours. Social Services should acknowledge your written referral within one working day of receiving it. Should you not have had a response within 3 working days, contact Social Services again.
Under no circumstances should you confront the abuser. Do not share suspicions or information with any other person other than your line manager, social services and the police. You will risk forewarning the abuser and compromise any investigation or prosecution. It is not your role to investigate, only to report. You also risk spreading rumours that may be unfounded. Information given to social services or the police will be taken seriously, handled sensitively and shared only on a ‘need to know’ basis, wholly to protect the child or young person.

If you have any concerns about an adult’s behaviour towards children or young people:

Do not ignore it – include will take any concerns very seriously.
The Operations Manager is the nominated person to liaise with the statutory agencies should any child protection matter arise. You must discuss your concerns with him/her.
Do not confront the adult but seek the advice of the Operations Manager.

If someone discloses that they are involved in the abuse of a child, YOU MUST TAKE ACTION:

Believe what they are saying and take the allegation seriously.
Reassure them that they have done the right thing.
Write down the date and time and exactly what you have been told as soon as is practicable.
Explain that you must report it to the Operations Manager/senior school staff member who will ensure the appropriate actions are taken, also explaining the limits of confidentiality.
Take the allegation to the Operations Manager/senior school staff member who will support you in any referral to social services, or failing this, the police.
If for any reason you cannot immediately contact the Operations Manager/senior school staff member, then you must directly contact either Social Services or the police. Your actions must be communicated to the Regional Manager as soon as possible.
Emergency action – in common law, if you see a child in need of medical attention, you have the right and responsibility to seek medical attention. Dial 999 and ask for the ambulance service. You do not require parental consent in an emergency.

Allegations against an employee

The following procedures cover not only those circumstances where a child ‘accuses’ an employee by name but also where a child implies directly or indirectly, through words or other non-verbal means, and possibly through intermediaries, that a particular employee has behaved abusively towards them.

All decisions/actions taken should be taken to protect the welfare of the child i.e. the child’s interests completely outweigh the risks of false accusation etc.

Employees who hear an allegation of abuse against another employee should report the matter immediately to their include Manager

The Manager should give urgent initial consideration as to whether or not there is sufficient substance to an allegation to warrant a referral. The Manager will notify the Head Teacher, where necessary, of the allegations.

There are four possible outcomes:

A formal investigation under child protection procedures is appropriate.
There is reason to suppose that abuse could have occurred and that referral under the local child protection procedure and/or under local disciplinary procedures may be necessary.
That the allegation is apparently without foundation but may still warrant referral and investigation.
That the allegation was prompted by inappropriate behaviour, which needs to be considered under local disciplinary procedures concerning employees.

Copies of all documentation should be given to the Head teacher/designated member of staff (for school children) if appropriate.

Copies of all documentation should be held by the Manager (for non school children with access strictly limited to relevant staff and external professionals on a need to know basis). Some other agencies may need to be involved.

First Responses

Immediately an allegation has been made the Manager should:

Obtain details of the allegation in writing, signed and dated by the person who receives the allegation (not the child who is the subject of the allegation)
Record any information about times, dates, locations and names of potential witnesses
Send a full report to Social Services and the Divisional Link Education Officer (or equivalent in each area) and Head Teacher where a decision is made to pursue a formal investigation
Consider the need for disciplinary action against the member of staff at school level where the manager is wholly satisfied that the children are not at risk of significant harm, and that a reportable offence has not been committed.

Any disciplinary process should be clearly separated from child protection investigations.

Managers should not automatically suspend or recommend suspension of an employee (the prime concern of the employer should be not to breach the implied term of trust and confidence by jumping to conclusions – you must demonstrate that you have reasonable grounds to suspend a member of staff before doing so. It is a matter of having reasonable grounds for suspending and asking the question whether there is a case to answer i.e. you would not suspend an employee until it was clear what the child was saying and about whom).

The Head teacher should consult with the Divisional Link Education Officer and consider any recommendation, which may be made by Social Services. Suspension of the employee may be considered at any stage of an investigation.

Any investigation by the police or child protection agencies will take priority over an internal investigation by the school/employer. An internal investigation should be held in abeyance pending the outcome of the external investigation.

It may be decided by the police and Social Services at an early stage that an investigation by the police would be hindered by an approach to the employee before the police have had an opportunity to undertake an initial investigation or to interview the employee concerned.

In this situation with Head teacher will be informed by the police and Social Services of this and arrangements made for contact with the officer in charge of the case.

Unless there is an objection from Social Services or the Police the Head teacher/Manager should outline the planned course of action to:

The child, children, parent(s), or other person(s) making the allegation.
The child or children’s parents.
The employee against whom the allegation is made.
The Chair of Governors of the school.
The person first receiving the allegation.
A written record should be made that this has been done.

False Allegations

Where following initial consideration the Head teacher/Manager believes that the allegation is without foundation, he/she should:

Consider in consultation with the LEA Link Education Officer and Social Services representative whether the child might have been abused by someone else;

Inform the employee at the formal meeting that no further action is to be taken under disciplinary or child protection procedures, (the employee may be accompanied by a union representative or friend);

Consider whether counselling and/or informal professional advice to the employee is appropriate and the form either might take;

Inform the parents of the child/children of the allegation and the outcome;

Consider appropriate counselling and support for the child/children and parents particularly where a false/malicious allegation has been made. The need for disciplinary action against the child should be considered at this stage;

Prepare a report, to be copied to the employee, recording that the allegation is without foundation with reasons.

Documents relating to an investigation should be retained with a written record of the outcome. Where disciplinary action has been taken against an employee a copy should be retained on the personal and confidential file. Where a pupil has made an allegation a copy of the record should be kept in a confidential section of the pupils’ records.

Permitted Variations

Job titles, committee names etc. described above may vary between areas.

including contract review meetings, and feedback from staff attending training.

Monitoring Arrangements

Operations Managers will check that procedures, including the production of documentation, in all cases notified to them complies fully with this procedure. Where inconsistencies or shortcomings are identified, the member of staff will be informed and where practical, remedial action will be taken.

The Training Manager will monitor attendance at relevant training to ensure all relevant staff are aware of the procedures and have received supporting training.

The effectiveness of this procedure will be evaluated via discussions with Connexions Partnerships Training

All staff will have an awareness of child protection issues at their induction.

Material will be available to all personal advisers and staff working directly with young people in the form of a self help package in each office produced by the NSPCC titled Child Protection Awareness in Education.

Associated Documents

include Recruitment Guide for Managers

Safeguarding Children in education CDFES/0027/2004

Booklet :- What to do if you are worried a child is being abused. DoH ref 31815

www.doh.gov.uk/

Useful Helpline

NSPCC Child Protection Helpline 0808 800 5000

For further information visit www.nspcc.org.uk/inform or telephone 0207 825 2775.

Appendices

Appendix A - Definitions and categories of child abuse

Appendix B - Child Protection Policy statement

Appendix C – Role of other agencies