POLICY 5: PROTECTING THE RIGHTS OF LEARNERS
Include is committed to protecting the rights of the young people who use its services. It takes steps to ensure it complies with all relevant legislation applying to teaching and learning providers and to take account of current best practice.
It achieves this aim through the following:
· Developing policies and procedures which are shared with staff.
· Providing staff training and development programmes linked to its policies and procedures.
· Monitoring and evaluating the impact and operations of its policies and procedures.
· Taking account of legislation changes and new guidance on best practice, currently with particular reference to the Human Rights Act, Rehabilitation of Offender Act, Equal Opportunities legislation, Data Protection and Confidentiality, Child Protection, Keeping Children Safe in Education and Working Together to Safeguard Children.
· Having staff recruitment and selection policies and procedures which reduce any risks posed by staff to individual learners.
· Providing information for learners on its policies and procedures ensuring learners have easy access to this information.
· Having a system for receiving and responding to comments, complaints and compliments including an appeals system.
Complying with all additional requirements specified by those organisations with which include contracts. The procedures associated with this policy are:
CATCH 22 Policy Safeguarding Children and Young people
WP5.1 Safeguarding
WP5.2 The Welfare of Learners
WP5.3 Anti-Bullying
WP5.4 Learner Contract
WP5.5 Comments, Compliments and Complaints
WP5.6 Advocacy and Ethics
WP5.7 Use of Volunteers
WP5.8 Student Voice
WP5.9 Working with Parents/Carers/Guardians
WP5.10 Social Networking
5 September 2016 © include 2016
WP5.1 SAFEGUARDING
Purpose of the Procedure
To provide guidance to include staff on safeguarding and child protection procedures. For the purpose of this document a child is anyone under the age of 18 (Children’s Act 1989 definition). In line with Keeping Children Safe in Education 2016 (Updated) include contributes to safeguarding and promoting the welfare of children by:
· 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.
· 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
· Taking action to ensure children have the best outcomes
This procedure links with the CATCH 22 Policy Safeguarding Children and Young people and provides the operational guidance for safe practice.
include uses systems designed to:
· Prevent unsuitable people working with children and young people (see Recruitment Guide for Managers and Safer Recruitment).
· Promote safe practice and challenge poor and unsafe practice.
· Identify instances in which there are grounds for concern about a child’s welfare, and initiate/take appropriate action to protect and keep them safe.
· Promote the welfare of a child who needs additional support, even if they are not at immediate harm or risk.
· Contribute to effective partnership working between all those involved with providing services for children.
· Report concerns regarding staff (whistleblowing).
· Report concerns regarding Headteachers and senior management (whistleblowing)
Who should apply the Procedure and When
· Everyone who comes into contact with children and families has a role to play in safeguarding
· All staff when working with young people (including volunteers).
· All managers when supporting staff and responding to any issues/concerns.
· The Senior Manager in charge of training and Operations Managers when commissioning training and identifying attendees.
Permitted Variations
None
Monitoring Arrangements
· Operations Managers/Designated Safeguarding Leads (DSL) will check that procedures, including the production of documentation, comply 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 procedure will be reviewed in line with changes in legislation; and following any incident.
· The Senior Manager and Designated Safeguarding DSL) of each school/service will monitor attendance and completion of training to ensure all relevant staff are aware of the procedures and have received appropriate training, briefings and updates in line with changes in legislation or practise.
Name of DSL and contact details:
Alan Waldron – Head of Region Education:
mob 07703560948
Phil Hinchliffe – Head teacher
Mob 07825 537312
Curriculum and Learning Lead DSL for each area
Carrie Reed – Kings Lynn 07825630613
Gemma Lee – Great Yarmouth 07825630886
Jonny O’Brien – Norwich 07719978895
Yasmin Abigail – Norwich 07717804953
(The DSL also leads on reporting any cases of FGM, Prevent concerns, E-Safety and disseminates safeguarding updates and information to all staff)
Name(s) of Designated Local Children’s Safeguarding Board Officer(s) and contact details:
Norfolk County Council Children’s Services - 0344 800 8020.
Designated Safeguarding Lead and Deputy
The designated safeguarding lead is expected to:
• refer cases of suspected abuse to the local authority children’s social care as required;
• liaise with the Catch22 Education Safeguarding Lead on all safeguarding concerns and disclosures (see Catch22 Policy Safeguarding Children and Young People) and support staff who make referrals to local authority children’s social care;
• refer cases to the Channel programme where there is a radicalisation concern as required;
• support staff who make referrals to the Channel programme;
• refer cases where a person is dismissed or left due to risk/harm to a child to the Disclosure and Barring Service as required;
• refer cases where a crime may have been committed to the Police as required.
• liaise with the headteacher and Catch22 senior management to inform him or her of issues especially ongoing enquiries under section 47 of the Children Act 1989 and police investigations;
• as required, liaise with the “case manager” (as per Part four) and the designated officer(s) at the local authority for child protection concerns (all cases which concern a staff member); and
• liaise with staff on matters of safety and safeguarding and when deciding whether to make a referral by liaising with relevant agencies. Act as a source of support, advice and expertise for staff.
At least one other member of staff will act as the Deputy Designated Safeguarding Lead.
Training
The DSL and their deputies complete the Local Children’s Safeguarding Board Training every three years with annual refreshers. This includes training on E-safety, training on Looked After Children and training on Managing allegations (they are also supported by Catch22 Governance on this)
All staff complete the Educare Child Protection Awareness course annually.
All staff receive awareness training on Prevent http://course.ncalt.com/Channel_General_Awareness/01/index.html and FGM https://www.fgmelearning.co.uk/ bi-annually.
The DSL and their Deputies complete training from the Local Children’s Safeguarding board to enable them 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 or service child protection policy and procedures, especially new and part time staff;
• are alert to the specific needs of children in need, those with special educational needs and young carers;
• are able to keep detailed, accurate, secure written records of concerns and referrals;
• understand and support the school or service with regards to the requirements of the Prevent duty and are able to provide advice and support to staff on protecting children from the risk of radicalisation;
• 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 or service may put in place to protect them.
Safer Recruitment
Managers receive Educare Safer Recruitment training refreshed bi-annually and are supported by Catch22 HR to complete Enhanced Barring DBS and background checks on all employees.
Managers ensure that a Single Central Record is completed and kept up-to-date and appropriate employee documents are kept on file.
Raise Awareness
The designated safeguarding lead should:
• ensure the school or college’s child protection policies are known, understood and used appropriately;
• ensure the child protection policy is reviewed annually (as a minimum) and the procedures and implementation are updated and reviewed regularly by the Catch22 Education Safeguarding Lead, and work with governing bodies or proprietors regarding this;
• ensure the child protection policy is available publicly (on the school website) and parents are aware of the fact that referrals about suspected abuse or neglect may be made and the role of the school or service; and
• 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 the DSL should ensure their child protection file is transferred to the new school or college as soon as possible. This should be transferred separately from the main pupil file, ensuring secure transit and confirmation of receipt should be obtained.
Availability
During term time the designated safeguarding lead (or a deputy) should always be available (during school hours) for staff in the school to discuss any safeguarding concerns. The Catch22 Education Safeguarding Lead can be contacted if both the DSL and deputy are unavailable. Failing this, a communication can be made through
The Procedure
Standards to be met are those set by the appropriate guidance Working Together to Safeguarding Children 2015 and Keeping Children Safe in Education 2016 and by the Local Children’s Safeguarding Board. The following principles are key:
· The interests of the child are paramount, and staff must act in the interests of the child
· A member of staff at each site must have a lead child protection and safeguarding role (Designated Safeguarding Lead – DSL) and attend appropriate training via the Local Safeguarding Children’s Board. The Designated Safeguarding Lead (DSL) will provide support to staff to carry out their safeguarding duties, lead on E-safety, report all FGM/forced marriage concerns to the police, update staff on safeguarding matters and liaise closely with other services including the LADO and social care
· In cases of suspected child abuse or neglect all staff have a responsibility for referral to the Designated Safeguarding Lead (DSL) who will contact the Local Children’s Safeguarding Board/LADO within 24 hours and and the Education Safeguarding Lead.
· If there is a risk of immediate serious harm to a child a referral to children’s social care must be made immediately
· Investigation is the responsibility of the relevant Local Safeguarding Board 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 WP9.1 Data Protection.
· All staff working directly with young people, their Line Managers and Operations Managers (including volunteers) are expected to have a copy and read Part 1 of Keeping Children Safe in Education 2016 and sign the training matrix to declare they have read and understood it and complete the Educare Child Protection Awareness in Education Certificate; this is monitored by the Senior Manager in charge of training and the Designated Safeguarding Lead (DSL) at each school/service. In addition the Operations Manager should arrange local training for appropriate staff via the Local Children’s Safeguarding Board. All staff should receive refresher training every 3 years with annual refreshers.
· All delivery staff, their Line Managers and Operations Managers must access appropriate Child Protection training and have a copy of Keeping Children Safe in Education 2016 available on site
· All staff will have a working knowledge of what child abuse and neglect means.
· Children and young people will be provided with information to ensure they know who they can talk to if they are worried about any form of abuse. include is committed through PSHE curriculum, Votes for Schools delivery, Personal Tutorials, and Policy and Procedures to ensure that all learners know how to stay safe.
5 September 2016 © include 2016
WP5.1 SAFEGUARDING
a) 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 made the disclosure that they have done the right thing.
· All allegations of harm or potential harm must be acted upon.
· Giving the child/young person 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 for possible court hearings.
· Do not promise to keep secrets – ensure the person is aware that in line with confidentiality, some information may have to be passed on to protect them or others.
· Write down exactly what you have been told as soon after the event as practically possible. Ensure that you record the time and date.
· Explain to the child/young person that you will share this information with the Operations Manager/Designated Safeguarding Lead (DSL) or appropriate person who will ensure the appropriate procedures will be followed.
· The Operations Manager/Designated Safeguarding Lead (DSL) will support you contacting the local safeguarding board, or failing that, the local police station. Parents should not be contacted until their involvement has been discussed with the local safeguarding team or the police at an early stage, and a course of action agreed, including decisions about who will talk to them, when and where. The timing of parental involvement is crucial.