Child Protection Policy for

Sankey Valley St. James’ CE VA Primary School

 

The school recognises its obligation to promote and safeguard the welfare of all pupils and sees its Child Protection Policy as fulfilling a key part of this duty.

 

 

There are three main elements to our policy:

 

 

 
The school will therefore:

 

 
 

 

 
 
(Note:  The DfES guidance ‘Safeguarding Children in Education’ states that “All parents need to understand that school have a duty to safeguard and promote the welfare of children who are their pupils, that this responsibility necessitates a child protection policy and procedures.)

 

 

 

 

 

 

Legislation and Guidance (March 2006)

The Children Act 1989

Education Act 2002

Children Act 2004

Bichard Report

Recruitment guidance – people in contact with children and young people

Every Child Matters

Five outcomes for children and young people staying safe:

                               -    from maltreatment, neglect, violence and sexual exploitation

Please note:

Safeguarding

 

 

 

Safeguarding children in education

Reference Documents

IRSC

Safeguarding Children in Education

What To Do If You’re Worried A Child is Being Abused

LA Child Protection Designated Teacher’s Handbook

Every Child Matters

Warrington Safeguarding Children Board Safeguarding Procedures Manual

 

Policy review date

This policy and related procedures will be reviewed annually.

 

 

Policy Reviewed - Curriculum Sub Committee 13th June 2006

Policy Reviewed - Curriculum Sub Committee June2007

Policy Reviewed - Curriculum Sub Committee March 2008

Policy reviewed – Curriculum Sub Committee March 2009

Policy reviewed – Curriculum Sub Committee September 2010

Appendix 1

 

Child Protection Awareness Document

 

Introduction

Schools are advised to give this document to volunteers, staff new to the school/service including supply staff and governors. It is a simple tool that helps to send out the message that this is an ‘aware’ school/establishment.

 

Child Protection Summary

 

 

 

Complying with School Child Protection Policy;

 

 

 

 

Procedure:

 

If a child or young person tells you he/she is being abused:

 

If you receive an allegation about any adult or about yourself:

1.         Immediately tell the Headteacher ( or Designated Senior Person for child protection or Chair of Governors where the Heateacher is implicated).
2.         Record the facts as you know them and give a copy to the Headteacher or Designated Senior Person for child protection or Chair of Governors where the Heateacher is implicated.
  
 
 
You must refer. You must NOT investigate.
 
Code of Behaviour
Do treat everyone with respect.
 
Do provide an example you wish others to follow.
 
Do plan activities so that they involve more than one person or at least are in sight or hearing of others.
 
Do respect a child’s right to personal privacy.
 
Do provide access for children and adults to feel comfortable enough to point out attitudes or behaviours they do not like, and try to provide a caring atmosphere.
 
Do remember that someone else might misinterpret your actions, no matter how well intentioned.
 
Do act as an appropriate adult role model.
 
Do not permit abusive peer activities (e.g. bullying, ridiculing).
 
Do not play physical contact games, make inappropriate comments, or have inappropriate verbal banter with the children.
 
Do not jump to conclusions without checking facts.
 
Do not make suggestive remarks/gestures or tell sexist/homophobic ‘jokes’.
 
Do not rely on your good name to protect you. It may not be enough.
 
Do not believe it could not happen to you. It could.
 
 

Guidelines

 

The following may be useful to staff with regard to their child protection role.

 

What is Child Abuse? (As defined under the Children Act 1989)

 

 

The definition of the categories of abuse for registration

 

Neglect:  This is the persistent or severe neglect of a child, or the failure to protect a child from exposure to any kind of danger, including cold and starvation or extreme failure to carry out important aspects of care, resulting in the significant impairment of the child's health or development, including non-organic failure to thrive.

 

Physical Injury:  This is the actual or likely physical injury to a child, or failure to prevent physical injury (or suffering) to a child, including deliberate poisoning, suffocation, or Munchausen's syndrome by proxy.

 

Sexual Abuse:  This is the actual or likely sexual exploitation of a child or adolescent.  The child may be dependent and/or developmentally immature.

 

Emotional Abuse:  This is the actual or likely severe adverse effect on the emotional and behavioural development of a child caused by persistent or severe emotional ill treatment or rejection.  All abuse involves some emotional ill treatment.  This category should be used when it is the main or sole form of abuse.

 

 

 

 

The Concept of Significant Harm

 

The categories of abuse for child protection do not tie in precisely with the definition of "significant harm".  Section 31 of the Children Act 1989 will be relevant if court proceedings are initiated and also in the framework of a Section 47 Child Protection Investigation.

 

There is no statutory definition of Significant Harm.

 

Harm - ill treatment or the impairment of health or development.

 

Development - physical, intellectual, emotional, social or behavioural development.

 

 

Ill treatment - includes sexual abuse and forms of ill-treatment which are not physical.

 

A similar child - where the question of harm suffered by a child is significant, turns on the child's health or development, his health or development shall be compared with that which could be reasonably expected of a similar child.

 

 

 

 

 

 

Teachers have found that the following behaviours MAY point to the possibility of likelihood of abuse:

 

              Persistent tiredness/sleepiness

              Sudden switches in mood or behaviour

              Regression to more immature behaviour

              Excessive nervousness

              Attention-seeking behaviour

              Deterioration in school work

              Reluctance to participate in physical education, games, swimming or other

              activities that involve changing clothes or physical exposure

              Running away from lessons/school or reluctance to go home at the end of the day

              Poor school attendance

              Inappropriate conduct towards or relationships with peers and/or adults

              (e.g. demonstrations of sexual precocity that cannot easily be explained by

              normal, natural curiosity).

              Compulsive stealing.

 

None of the above are conclusive, but, nevertheless, teachers must be aware that such signs are not inconsistent with abuse; where there is no convincing explanation for unusual patterns of behaviour, the possibility of abuse cannot be ruled out.  If there are other indicators of abuse, or concerns about the child's family life, the evidence must be carefully investigated.

 

 

 

 

 

WHAT SHOULD TEACHERS DO WHEN THEY SUSPECT ABUSE?

 

Teachers are in daily contact with children and may be the first to notice changes in a child's behaviour or possible evidence of physical abuse.  Children who have been abused may also choose to confide in a teacher they trust.

 

All those who have contact with children have a duty to act in accordance with the provisions of the Children Act, which gives paramount importance to the welfare of the child.  A teacher who has reason to be concerned about a child should act in the best interests of that child, which may mean informing the head teacher or deputy head teacher of

 

              signs of abuse

              details of the child's disclosure of abuse

              anxieties about the family

 

If a teacher acts quickly in sharing concerns of this nature, suffering may be prevented and lives may even be saved.

The head teacher should always be informed, even if abuse is merely suspected.

 

Where injuries have been sustained, the teacher should keep a careful note of when and how the marks were observed (e.g., when the children were changing for P.E).  It may be helpful to sketch the size and position of the marks for future reference.  If the child or parents themselves make reference to the marks, the teacher should write down these comments - endeavouring to record the exact words used.  Such references may be a thinly veiled request for help and should not be ignored.

 

If the child is absent from school, the absence may itself be suspicious and should also be reported:  it is possible that the child has been kept away in order to hide new bruising or cuts.

 

 

CHILD ABUSE AND THE CHILDREN ACT.

 

The New Definition of Parental Responsibility

 

Section 2 of the Act defines parental responsibility as "the rights, duties, powers and responsibilities and authority which by law a parent of a child has in relation to that child".

 

The people (or agencies) who can exercise parental responsibility are as follows:

 

a)           if the parents are married (and the child is the legitimate child of the union)

              both parents share parental responsibility

 

b)           where parents are separated or divorced, both retain parental responsibility

c)           a person who holds a residence order (court order)

 

d)           the child's legal guardian

 

e)           the local authority, where a care order is in force

 

f)            the father of an illegitimate child can only acquire parental responsibility

              by means of

              a)           a court order,     or

              b)           a formal agreement with the mother.

 

The rules surrounding parental responsibility are rather vague, which leaves the teacher in a difficult position.

 

              1.           More than one person can have parental responsibility for a child at any one                      time

 

              2.           A person does not cease to have parental responsibility merely because

                            someone else acquires it (for example through a court order).

 

              3            Where more than one person has parental responsibility, each person may

                            act independently without the other's agreement (unless a court order

                            requiring the consent of all persons with parental responsibility is in

                            force.

 

This new definition of parental responsibility means that teachers must look into the family history in order to establish who has parental responsibility.  The teacher and indeed the school must be aware of all those who have parental responsibility, for a number of important reasons:

 

 

1.           All school records must accurately reflect the home situation

 

2.           The school should obtain consent for school trips, medical attention etc. from those

              with parental responsibility.  As long as one person with the appropriate legal

              responsibility consents, the school need not enquire further.

 

3.           In the event of a dispute between parents which affects a child's education, the

              school may have to advise parents to obtain a court order to arrive at a resolution

              of the matter.  Where married parents both have parental responsibility, each can

              make independent decisions for the child; it is therefore important that, where

              conflict arises between parents; schools do not act against the interest of either

              party.  Where the dispute is between parents who are unmarried, the school may

              ignore the wishes of the father if he does not have a court order giving him

              parental responsibility.

 

4.           All those with parental responsibility have a right to see school reports.

 

5.           All those with parental responsibility have a right to stand as a parent governor.

              If a person with relevant legal responsibility were denied this right, s/he could

              challenge the injustice in court.

 

6.           Should there be an accident; the school must be able to contact a person with

              parental responsibility since her/his consent to medical treatment will be

              required.  Any ensuing legal action would be taken against the person who

              administered the treatment - which is why it is imperative that the medication

              and other treatments are administered only by medically-qualified practitioners

              i.e., ambulance operatives, doctors and nurses.  If a treatment goes wrong,

              liability attaches to the person(s) who administered it.  Doctors and nurses

              etc. carry professional indemnity against such liability, but a teacher may not

              be fully insured against a claim of this nature.

 

School administration and the increased responsibility of the teacher.

 

The implementation of the Children’s Act means that schools must review their administrative procedures to ensure that they have accurate records covering the following:

 

a)           any court orders currently in force

b)           who has parental responsibility

c)           children who are on the child protection register (see below)

 

d)           each child's name at birth and any name changes (supported by court order

              if there is a residence order in force)

e)           whether a child is receiving medication or has a history of medical problems.

 

Accurate information is particularly important where children are on a child protection register or are victims of abuse.  If records are kept on a child's attendance, discipline, sickness record or progress, they may be used as evidence in either a case conference or court hearing.

 

 

 

AVOIDING ALLEGATIONS OF ABUSE

 

There has been widespread concern about the increase in false or malicious accusations of child abuse brought against teachers by children and/or their parents.  Once an accusation has been made the allegation must be recorded and passed to the Local authority Designated Officer (LADO) who will investigate alongside the Pupil Support Manager and the named Senior Officer (HR), and will decide whether there is any substance to the accusation. Please refer to DSP Handbook page 18 onwards.

 

 

Urgent initial consideration of whether there may be substance in an allegation

 

When an allegation is made against a member of staff, there should be urgent initial consideration by the senior manager, named officer for Human Resources and LADO, of whether or not there could be sufficient substance in the allegation to warrant an investigation.  There will be one of three possible outcomes of that consideration:

 

 

It is important for the designated senior person for safeguarding to act quickly.  They are not expected to investigate the allegation itself, or interview pupils.

 

Actions to take

 

 

Where wholly satisfied that the child/children is/are not at risk of significant harm and that a reportable criminal offence has not been committed, consideration for disciplinary action will be made.  In this case it would be necessary to carry out an investigation at school level, with HR in accordance with the school’s disciplinary procedure.

 


A LADO referral form is attached at the end of this document for reference purposes.

 

Nursery teachers may often be placed in a situation where children have become soiled and require washing and changing.  This obviously must be done at school for the health and welfare of the child and others.  It is always advisable to remove clothing and bathe the child in the presence of a nursery nurse or a trained assistant.

 

If a child sustains bruising or other accidental injury at school and the parent complains, it is imperative that any complaint is dealt with in a professional manner by the head.  The teacher may be asked by the head to prepare a report of any incident, which must first be checked by the teacher's professional association.  Any injury sustained by a child at school should be entered in an accident log card at the time of the incident.

 

 

 

 

 

 

WARRINGTON SAFEGUARDING CHILDREN BOARD

AGENCY REFERRAL TO LADO

PART A

(To be completed by referrer and faxed to children’s safeguarding unit 01925 457017 or e-mail to

safeguardingunit@warrington.gov.uk)

AGENCY REFERRAL TO LADO – SAFEGUARDING UNIT FOR ALLEGATIONS AGAINST STAFF,

CARERS AND VOLUNTEERS.

(to be completed and sent to the safeguarding unit within 1 day of the allegation)

Date of referral: Received by (CSU)

Referred by:

Name: Position:

Agency (Name and Address)

Agency Type (Please underline, as appropriate)

Social Care / Health / Education / Connexions / Police / YOT / Probation / CAFCASS / Secure Estate / NSPCC /

Vol. Youth Org. / Faith Group / Armed Forces / Immigration / Asylum Support Services / Foster Care Agency /

Residential Care Agency / OFSTED / LSCB / Nursery/Other.

If other, please specify:

Person Being Referred:

Name: DOB:

Ethnic Origin:

Home Address:

Workplace (Name and Address)

Position:

Relevant Children (Must include alleged victim and own children, etc)

Name DOB Address Relationship E/O

NB: Boxes are for Safeguarding Unit use only.

4

Name and Contact Numbers of:

Named Senior Officer (Strategic)

Have they been informed? Y / N

Named Senior Manager (Operational)

Have they been informed? Y / N

DETAILS OF REFERRAL NOTE: Allegations must be reported to the LADO within one day.

Date incident occurred: Date LADO informed:

Category: Physical / Physical – Authorised Restraint / Emotional / Sexual / Neglect

(Please underline one of the above)

Details of any previous incident and outcome, if known:

Have Access to Social Care Team (01925 444239) been informed? Y / N

DETAILS OF INCIDENT:

Has child’s parents/carers been informed? (Give details)

FAX TO SAFEGUARDING UNIT ON 01925 457017

OR E-MAIL TO safeguardingunit@warrington.gov.uk

1

PART B (To be completed by the Children’s Safeguarding Unit)

ACTION TAKEN BY ASC:

Team

ARRANGEMENTS FOR NOTIFICATION TO OTHER AGENCIES:

(I.e. Police, Children’s Social Care, Named Senior Officer, Named Senior Manager, Other Agencies.

(State who involved)

ARRANGEMENTS FOR RISK ASSESSMENT:

(State who Involved)

ARRANGEMENTS TO INFORM PERSON SUBJECT TO ALLEGATION:

SUPPORT ARRANGEMENTS:

Child:

Parent / Carer:

PART C: (To be completed by Safeguarding Unit upon notification of outcomes)

MONITORING ARRANGEMENTS:

The following date is to be recorded and provided to the Safeguarding Unit: (Underline Number)

OUTCOMES

DATE

STARTED

DATE

ENDED

1 NFA Professional Advice

2 Investigated and Unfounded

3 Investigated and Unsubstantiated

4 Investigated and Found Malicious

5 Suspended (state)

6 Dismissal

7 Cessation of Use

8 Section 47 Investigation

9 Criminal Investigation

10 Disciplinary Procedures

11 Criminal Prosecution

12 Caution

13 Conviction

14 Acquittal

15 Referral to Barring Board (State Barring Board)

16 Inclusion on Barring List (State Barring List)

17 Referral to Regulatory Body (State Regulatory Body)

2

5

5

TO BE COMPLETED BY CHILDREN’S SAFEGUARDING UNIT:

Date Received

Date of Strategy Meetings (initial within 5 days)

Dates Minutes Circulated:

Date Concluded:

Final Outcome:

Tick box if over 12 months:

Signed off by:

Date:

Comments:

Data Loaded By:

Date Loaded: