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
LA Child Protection Designated Teacher’s Handbook
Every Child Matters
Warrington Safeguarding Children Board Safeguarding Procedures Manual
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
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.
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)
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: