Safeguarding Policy

 

For our Covid-19 Appendix to the Safeguarding Policy please see here.

 

 

TREDWORTH JUNIOR SCHOOL

Safeguarding Policy

 

Approved by: Full Governing Body
Last reviewed on: 30 September 2019
Next review due by: September 2020

 

 

 

Head teacher - Mr Andrew Darby

Chair of Governors – Mrs Kathy Rayers

 

Safeguarding Governor – Jackie Campbell

 

Designated Safeguarding Lead – Paul Reedman

 

Deputy Designated Safeguarding Leads – Hannah Cox and Mark Samak

 

Governor for Children in Care – Dennis Grant

 

Designated teacher for Children in Care – Victoria Brunsdon

 

Safer Recruitment Accredited Governors – Kathy Rayers and Dennis Grant

 

Safer Recruitment Accredited staff – Andrew Darby, Paul Reedman and

Victoria Brunsdon

 

This policy has been written in line with the following legislation and guidance:

 

  • Keeping Children Safe in Education (2018), Department for Education issued under Section 175, Education Act 2002, the Education (Independent School Standards) (England) Regulations 2010 as amended by SI 2012/2962 and the Education (Non-Maintained Special Schools) (England) Regulations 2011

 

  • Working Together To Safeguard Children 2018

 

  • Gloucestershire Safeguarding Children Board Child Protection (and South West) Procedures

 

  • Ofsted 2018 Safeguarding Inspection Framework
 

 

At Tredworth Junior School, the governors and staff fully recognise the contribution the school makes to safeguarding children.   We recognise that the safety and protection of all pupils is of paramount importance and that all staff, including volunteers, have a full and active part to play in protecting pupils from harm.

 

We believe that the school should provide a caring, positive, safe and stimulating environment which promotes all pupils’ social, physical, emotional and moral development. When concerned about the welfare of a child, staff members always act in the interests of the child.

 

Ultimately, effective safeguarding of children can only be achieved by putting children at the centre of the system, and by every individual and agency playing their full part, working together to meet the needs of our most vulnerable children.

In line with: Working Together to Safeguard Children 2018 and Keeping Children Safe in Education (2018).

 

Objectives

 

To ensure that we at Tredworth Junior School practice safe recruitment in line with Government guidance by using at least one NCSL accredited recruiter on all interview panels and checking the suitability of staff and volunteers to work with children and ensuring any unsuitable behaviour is reported and managed using the Allegations Management procedures.

 

  • Raise awareness of child protection issues and equip the children with the skills they need to keep them safe.

 

  • Develop and implement procedures for identifying and reporting cases, or suspected cases of abuse by referring to the Children’s Helpdesk.

 

  • Support pupils who have been abused in accordance with their agreed child protection plan.

 

  • Establish a safe and secure environment that the pupils can learn and develop.
 

 

We at Tredworth Junior School recognise that because of the day to day contact with children, issues are likely to be raised in school because of the amount of contact the staff have with the pupils and staff are trained to recognise any signs of abuse. The school therefore will:

 

  • Maintain an environment where children feel safe and secure and are encouraged to talk and to be listened to.

 

  • Ensure that pupils know that there are adults in school whom they can approach if they are worried.

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  • Include opportunities in the curriculum to develop the skills needed to keep themselves safe.

 

We at Tredworth Junior School will follow the procedures set out by the Gloucestershire Safeguarding Children Board and take account of guidance issued by the Department for Children, Schools and Families to:

 

  • Ensure we have a designated senior person for safeguarding (child protection) who has received appropriate training and support for this role and is part of the school’s senior leadership team.

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  • Ensure we have a nominated governor responsible for child protection who has received appropriate training.

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  • Ensure every member of staff (including temporary and supply staff and volunteers) and governing body knows the name of the designated senior person responsible for child protection and their role and have received a safeguarding induction within their first seven days of employment.

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  • Ensure all staff and volunteers understand their responsibilities in being alert to the signs of abuse and responsibility for referring any concerns to the designated senior person responsible for child protection.

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  • Ensure that parents have an understanding of the responsibility placed on the school and staff for child protection by setting out its obligations in the school prospectus.

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  • Notify the relevant social worker if there is an unexplained absence of more than two days of a pupil who has a Child protection Plan.

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  • Develop effective links with relevant agencies and co-operate as required with their enquiries regarding child protection matters including attendance at child protection conferences and core groups.

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  • Keep written records of concerns about children, even where there is no need to refer the matter immediately.

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  • Ensure all records are kept securely.

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  • Develop and then follow procedures where an allegation is made against a member of staff or volunteer including supply or agency workers, contractors or governors.

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  • Ensure safe recruitment practices are always followed

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  • Ensure that all staff have read Part One of Keeping Children Safe in Education 2018
 

We at Tredworth Junior School recognise that children who are abused or witness violence may find it difficult to develop a sense of self-worth. They may feel helplessness, humiliation and some sense of blame. The school may be the only stable, secure and predictable element in the lives of children at risk. When at school their behaviour may be challenging and defiant or they may be withdrawn. The school will endeavour to support the pupil through:

 

  • The content of the curriculum.

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  • The school ethos which promotes a positive, supportive and secure environment and gives pupils a sense of being valued.

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  • The school behaviour policy which is aimed at supporting vulnerable pupils in the school.

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  • Ensuring that the pupil knows that some behaviour is unacceptable but they are valued and not to be blamed for any abuse which has occurred.

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  • Liaison with other agencies that support the pupil such as Social Care, Child and Adult Mental Health Service, Education Welfare Service and Educational Psychology Service.

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  • Ensuring that, where a pupil who has a child protection plan leaves, their information is transferred to the new school immediately and that the child's social worker is informed.

 

Types of abuse and neglect

 

Abuse is a form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. They may be abused by an adult or adults or another child or children. At Tredworth Junior School, where safeguarding is concerned, we maintain the view that “It could happen here”.

 

The four categories of abuse are:

 

Physical abuse: a form of 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 cyber bullying), 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.

 

Signs and indicators of abuse

 

Safeguarding and promoting the welfare of children is everyone’s responsibility. All staff that come into contact with children and their families and carers has a role to play in safeguarding children. In order to fulfil this responsibility effectively, all professionals should make sure their approach is child-centred. This means that they should consider, at all times, what is in the best interests of the child.

Staff are well placed to recognise, often early on, the indicators that a child’s needs are not being met.  Recognising and reporting concerns can sometimes mean that early intervention can prevent abuse from happening. Staff need to recognise when they are concerned about a child.  Being able to recognise concerns, means being familiar with the indicators of abuse. Safeguarding staff have been trained in the use of the Gloucestershire Multi-Agency Child Neglect Kit and use this as a tool for assisting in the identification of child neglect.

 

Staff must respond to a concern about a child by passing the information to their

 

Designated Senior Lead (DSL) Mr Paul Reedman or

 

Deputy DSLs Miss Hannah Cox, Mr Mark Samak without delay. 

 

In their absence concerns should be reported to the Head teacher Mr Andrew Darby. Staff must then make a written record of their concern as soon as possible and pass this to the DSL                     (See Appendix A)

 

A child may be experiencing abuse if he or she is:

 

  • frequently dirty, hungry or inadequately dressed

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  • left in unsafe situations or without medical attention

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  • constantly "put down", insulted, sworn at or humiliated

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  • severely bruised or injured

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  • displays sexual behaviour which doesn't seem appropriate for their age

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  • growing up in a home where there is domestic violence

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  • living with parents or carers involved in serious drug or alcohol abuse.

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  • frequent unexplained absence from school

 

This list does not cover every possible indicator of child abuse. There may be other things in the child's behaviour or circumstances that are worrying. When there are any concerns about a child always follow Tredworth Junior School’s established safeguarding procedures. All staff share a responsibility to refer concerns to Children’s Social Care. Any person with concerns about a child may contact:

 

Gloucestershire Children’s Helpdesk on 01452 426565

In an emergency always call 999

 

 

 

Specific Safeguarding Issues (See Appendix B)

 

Tredworth Junior School recognises that there are specific safeguarding issues of which all staff need to be aware.  These issues are discussed with staff through training sessions and as part of staff induction. A standing agenda item for safeguarding is part of every staff meeting and every Governing Body meeting. Expert and professional organisations can provide up-to-date guidance and practical support on specific safeguarding issues. Staff are aware that behaviours linked to the likes of drug taking, alcohol abuse, truanting and sexting put children in danger.  Expert and professional organisations are best placed to provide up-to-date guidance and practical support on specific safeguarding issues. For example information for schools can be found on the TES, MindEd and the NSPCC websites. School and college staff can access government guidance as required on the issues listed below via GOV.UK and other government websites.

 

Radicalisation

 

Prevent Duty and Channel Programme

 

Designated Senior Staff for child protection are aware of the issues around radicalisation. Staff and School Governors are aware of the Prevent Duty for Schools. Information can be found at the following website:

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/439598/prevent-duty-departmental-advice-v6.pdf.

 

All staff are able to identify those children who may be vulnerable to radicalization and know what to do when they are identified. 

 

Staff are aware of the Channel programme and school is building children’s resilience to radicalisation by promoting fundamental British values and enabling them to challenge extremist views.  If a member of staff has a concern they know that they can follow school’s safeguarding procedures and discuss with the DSL. Staff may also contact the local police force or dial 101 (the non-emergency number) for advice.

 

Female Genital Mutilation (FGM)

Designated senior staff for child protection are aware of FGM and the Deputy DSL, Hannah cox, has undertaken FGM training. Staff in the school are aware of the potential risks and key staff have undertaken the on-line FGM training:

 

http://www.safeguardingchildrenea.co.uk/resources/female-genital-mutilation-recognising-preventing-fgm-free-online-training/ 

 

Staff are aware of the signs that a child/young person may become subject to female genital mutilation i.e. talking about a journey/becoming a woman plus a planned extended holiday abroad and understand the current legislation around prevention orders and mandatory reporting.  Staff know to report this before the female leaves the UK.

 

It is illegal for FGM to be practiced in the UK and it is illegal to remove a child from the UK for this purpose. On 31 October 2015, a mandatory duty for teachers to report known cases of female genital mutilation (FGM) came into force. Staff are aware of their legal responsibilities regarding the reporting of FGM.

 

Honour Based Violence, Forced Marriage, Gender-Based Violence/Violence Against Women And Girls (VAWAG)

 

Staff have received training and are aware of are aware of the warning signs to of regarding HBV, forced Marriage, gender-based Violence and VAWAG. Staff concerns should be reported to the DSL and normal safeguarding procedures would then be followed. School staff can contact the Forced Marriage Unit if they need advice or information. Contact: 020 7008 0151 or email: fmu@fco.gov.uk. So-called ‘honour-based’ violence (HBV) encompasses crimes which have been committed to protect or defend the honour of the family and/or the community, including Female Genital Mutilation (FGM), forced marriage, and practices such as breast ironing. All forms of so called HBV are abuse (regardless of the motivation) and should be handled and escalated as such. If in any doubt staff should speak to the designated safeguarding lead. All staff need to be alert to the possibility of a child being at risk of HBV, or already having suffered HBV.

 

Child Sexual Exploitation (CSE)

Is a form of sexual abuse where children are sexually exploited for money, power or status. It can involve violent, humiliating and degrading sexual assaults. In some cases, young people are persuaded or forced into exchanging sexual activity for money, drugs, gifts, affection or status. Consent cannot be given, even where a child may believe they are voluntarily engaging in sexual activity with the person who is exploiting them. Child sexual exploitation does not always involve physical contact and can happen online. A significant number of children who are victims of sexual exploitation go missing from home, care and education at some point.

 

Some of the following signs may be indicators of sexual exploitation:

 

• Children who appear with unexplained gifts or new possessions;

 

• Children who associate with other young people involved in exploitation;

 

• Children who have older boyfriends or girlfriends;

 

• Children who suffer from sexually transmitted infections or become pregnant;

 

• Children who suffer from changes in emotional well-being;

 

• Children who misuse drugs and alcohol;

 

• Children who go missing for periods of time or regularly come home late; and

 

• Children who regularly miss school or education or do not take part in education.

 

If there were concerns about pupils at risk of CSE, school would use the CSE screening tool from the local authority website and take appropriate action.

 

Bullying

 

The school has an effective Anti-Bullying Policy covering all types of bullying such as (homophobic, cyber, Lesbian, gay bi-sexual and transgender, racist, Gypsy, Roma and Traveller children etc.) that is owned, understood and implemented by all sections of the school.  Any form of bullying is recorded and dealt with by the school and governing body and can be evidenced. This policy is reviewed annually by the key stake holders, approved by the Governing Body and available to the wider public on the school’s web site. Through the use of the Safeguarding PinK Curriculum school can evidence we have addressed issues in an age appropriate way.

 

Gloucestershire Encompass Commitment

 

As part of Tredworth Junior School’s commitment to keeping children safe we have signed up to implement the principles and aims of the Gloucestershire Encompass Model.

 

In signing up to Gloucestershire Encompass the Governing Body and Senior Leadership Team:

 

  • Endorse the Gloucestershire Encompass Model and support the Key Adults in our school to fulfil the requirements of the Gloucestershire Encompass Protocol.

 

  • Promote and implement Gloucestershire Encompass processes and use these in accordance with internal safeguarding children processes.

 

  • Recognise the sensitive nature of the information provided and ensure that this is retained in accordance with the principles of data protection.

 

Online safety

 

As we increasingly work online it is essential that children are safeguarded from potentially harmful and inappropriate online material. Filters and monitoring systems are in place in line with the local authority guidelines for Gloucestershire.

 

Sexting

 

The school follows the guidance from the Local Authority Designated Safeguarding Lead Officer. We also are aware of the advice from Gloucestershire Constabulary, which supports the National Strategy for Policing children and Young People. School staff would follow the school’s procedures for Safeguarding should they become aware of a sexting incident.

 

Cyber Bullying

 

The school has audited needs of staff and provided training to ensure knowledge of safe and appropriate use of new technology.  School has communicated with parents to ensure they understand how to keep children safe at home.  The school has worked with children to help them to understand how to manage risk.  There is an age-related comprehensive curriculum for e-safety and that impact of this is measured.

 

Mental Health

 

Key members of staff have received Mental Health training. Pupils follow the PinK Curriculum with planned sessions covering areas of mental health. The school takes part in the on-line pupil survey which gives feedback on all areas of health and well-being.

 

Other Safeguarding Issues

 

Staff are given regular updates on all areas of safeguarding and know that further information regarding specific safeguarding issues can be found on the GSCB website: - children missing education; child missing from home or care; domestic violence; drugs; fabricated or induced illness; faith abuse; gangs and youth violence; hate; missing children and adults strategy; private fostering; relationship abuse; trafficking.

 

Established procedures at Tredworth Junior School (See Appendix C)

 

At Tredworth Junior School, staff work to create an ethos which helps children to feel safe and able to talk.  Listening openly to children is at the heart of good safeguarding.

 

Designated Safeguarding Lead (DSL), Mr Paul Reedman, or Deputy Designated Safeguarding Leads (DDSL), Miss Hannah Cox, Mr Mark Samak.

 

If a child makes a disclosure or if a member of staff has a concern that a child is at risk of harm; they must discuss it with the DSL immediately. They must then complete a Safeguarding Incident Form (see Appendix C) and hand it to the DSL or Deputy DSL without delay. The decision will be made about what action to take and whether a referral needs to be made to Gloucestershire Children and Families.

 

If a child makes a disclosure staff need to make sure that they:

 

  • are approachable    

 

  • listen carefully, uncritically and at the child’s pace

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  • take what is said seriously

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  • clarify essential information

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  • reassure the child

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  • tell the child what will happen next

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  • tell the Designated Senior Lead without delay

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  • record using the school’s agreed format

 

If any member of staff, including volunteers, has a concern about the welfare of a child, who is not thought to be at immediate risk of harm, the concern must be recorded on a ‘Concerns Form’ which can be found in the class Safeguarding Book. The class Safeguarding Book is monitored regularly by the school’s pastoral team.

 

 

Role of the DSL

 

Designated Safeguarding Lead (DSL), Mr Paul Reedman, Deputy Designated Safeguarding Leads (DDSL), Miss Hannah Cox, Mr Mark Samak and Mr Andrew Derby, the Head teacher have all completed the training for Designated Safeguarding Leads. The training is updated every two years in line with advice from the Local Safeguarding Children’s Board. The designated safeguarding lead takes lead responsibility for safeguarding and child protection and this is explicit in the job description.

 

Responsibilities of the Designated Safeguarding Lead

 

The Head teacher or equivalent has overall responsibility for all procedures within the school. Working with the Head teacher, the Designated Safeguarding Lead (DSL) has responsibility for the following procedure where abuse is suspected/disclosed.

 

Any member of staff who by virtue of a child’s behaviour or appearance becomes suspicious of abuse, or is told that abuse has taken place, should immediately inform the designated person within the educational setting.

 

If a child begins to talk about an abusive incident, s/he should be allowed to speak and be listened to carefully.  Time should be taken to gain an understanding of what the child is trying to say.  No promise of confidentiality should be made.

 

The designated person should briefly and accurately record the concern and the child’s comments in writing and then follow the process below (from GSCB Procedures). (See Appendix D)

 

http://www.swcpp.org.uk/swcpp/swcpp_procedures.htm

 

Issues such as informing the parents, contacting the police and whether it’s safe for the child to return home, can be discussed at a strategy meeting following referral.  It is good practice to inform parents that a referral has been made except in cases of serious physical abuse or child sexual abuse when to do so might put the child at greater risk of harm.  In this situation parents should not be informed without taking further advice.

If there is an injury which requires immediate treatment the designated person should arrange this without delay, in whichever way seems appropriate, and then continue to follow the procedures set out in Appendix D.

 

Children in Care (Looked after Children)

The most common reason for children becoming looked after is as a result of abuse and/or neglect. All staff have the skills, knowledge and understanding necessary to keep children in care safe. The designated teacher is Mrs Victoria Brunsdon. She receives regular training and attends courses run by the Virtual School with whom school works closely. The role of the designated teacher is to promote the educational achievement of children who are in care. The governor with responsibility for children in care is Mr Dennis Grant.

 

Teaching Safeguarding

Children are taught through PSHE about how to keep themselves safe from abuse and neglect. Resources from the Pink Curriculum and the NSPCC are used to ensure that children learn in a lively and interactive way about keeping themselves safe. Through the introduction of the NSPCC programme “Speak out. Stay Safe” all children learn how to:

 

  • understand abuse in all its forms and recognise the signs of abuse

 

  • know how to protect themselves from all forms of abuse

 

  • know how to get help, and the sources of help available to them, including the Childline service.

 

Allegations Management

 

Staff Allegation (see also Whistle Blowing Policy)

 

The safety and welfare of children is of the upmost priority at Tredworth Junior School. If a member of staff or any adult working with children is suspected of wrong doing, this must be reported to the

 

Head Teacher, Mr Andrew Darby at: head@tredworth-jun.gloucs.sch.uk

 

If the Head Teacher is suspected then this must be reported to the

 

Chair of Governors, Mrs Kathy Rayers at: chair@tredworth-jun.gloucs.sch.uk.

 

He will then inform the LADO, Jane Bee at jane.bee@gloucestershire.gov.uk   Tel: 01452 426994.

 

The Allegations Management procedures will then be followed.

 

This Child Protection Policy should be read in conjunction with the following school policies:

 

Tredworth Junior School Offer of Early Help

 

Whistleblowing Policy

 

Staff Code of conduct

 

Acceptable Usage Policy

 

Behaviour Policy

 

School Discipline Policy

 

Anti-Bullying Policy

 

Equality Statement

 

SEN Policy

 

Internet Access Policy

 

Attendance Policy

 

Sex and relationships

 

Medical Conditions Policy

 

Accessibility Policy and Plan

 

 

Useful websites and telephone numbers

 

 

Children’s Help Desk

 

 

01452 42665

 

 

Gloucestershire Safeguarding Children Board

 

 

01452 583629

 

 

gscb@gloucestershire.gov.uk

 

Government website for guidance on specific safeguarding issues

 

 

 

 

GOV.UK

 

NSPCC

 

 

0808 800 5000

 

www.nspcc.org.uk

 

NSPCC Gloucester

 

 

01452 300616

 

 

Childline

 

 

0800 1111

 

 

Samaritans

 

 

08457 90 90 90

 

 

CYPS Practitioner Advice Line

 

 

01452 894272

 

 

Gloucestershire Family Information Service

 

 

01452 427362

 

familyinfo@gloucestershire.gov.uk

 

 

For further contacts see also Tredworth Junior School Offer of early Help

 

 

Appendix A – 1 of 2

 

                              SAFEGUARDING INCIDENT FORM

                                               Tredworth Junior School

Pupil Name

 

 

 

Date of Birth / Year Group

Name and position of person completing the form (please print)

 

 

 

Date the Incident occurred

 

 

 

Date form completed

Incident details (who, what, where, when)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appendix A – 2 of 2

                            SAFEGUARDING INCIDENT FORM

                                             Tredworth Junior School

Any other relevant information (witnesses, other children involved, immediate action taken by person completing the form)

 

 

 

 

 

 

 

 

 

Action taken by Child Protection Officer / Pastoral Support Team

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Signatures

 

 

 

Reporting Staff Member

Child Protection Officer

 

 

 

 

Appendix B – Annexe A – Keeping Children safe in Education 2018 – P63-P80

 

Annex A: Further information

 

Further information on a child missing from education

 

All children, regardless of their circumstances, are entitled to a full time education, which is suitable to their age, ability, aptitude and any special educational needs they may have. Local authorities have a duty to make arrangements to establish, as far as it is possible to do so, the identity of children of compulsory school age who are missing education in their area. Effective information sharing between parents, schools, colleges and local authorities is critical to ensuring that all children are safe and receiving suitable education. 

 

A child going missing from education is a potential indicator of abuse or neglect and such children are at risk of being victims of harm, exploitation or radicalisation. School and college staff should follow their procedures for unauthorised absence and for dealing with children that go missing from education, particularly on repeat occasions, to help identify the risk of abuse and neglect, including sexual or criminal exploitation, and to help prevent the risks of going missing in future.

 

Schools and colleges should put in place appropriate safeguarding policies, procedures and responses for children who go missing from education, particularly on repeat occasions. It is essential that all 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, female genital mutilation and forced marriage. Further information about children at risk of missing education can be found in the Children Missing Education guidance. 

 

Schools

 

The law requires all schools to have an admission register and, with the exception of schools where all pupils are boarders, an attendance register. All pupils must be placed on both registers. Schools must place pupils on the admission register at the beginning of the first day on which the school has agreed, or been notified, that the pupil will attend the school. If a pupil fails to attend on the agreed or notified date, the school should consider notifying the local authority at the earliest opportunity to prevent the child from going missing from education.

 

It is important that the admission register is accurate and kept up to date. Schools should regularly encourage parents to inform them of any changes whenever they occur. This can assist the school and local authority when making enquiries to locate children missing education.

 

Schools should monitor attendance and address it when it is poor or irregular. All schools must inform the local authority of any pupil who fails to attend school regularly, or has been absent without the school’s permission 77 [1] for a continuous period of 10 school days or more, at such intervals as are agreed between the school and the local authority 78.[2]

 

Where a parent notifies a school that a pupil will live at another address, all schools are required 79 to record in the admission register: 

  • the full name of the parent with whom the pupil will live; 
  • the new address; and 
  • the date from when it is expected the pupil will live at this address 80.[3]

Where a parent of a pupil notifies the school that the pupil is registered at another school or will be attending a different school in future, schools must record 81[4] in the admission register 82[5]

  • the name of the new school; and 
  • the date on which the pupil first attended or is due to start attending that school. 

 

Schools are required 83[6] to notify the local authority within five days when a pupil’s name is added to the admission register. Schools will need to provide the local authority with all the information held within the admission register about the pupil. This duty does not apply to pupils who are registered at the start of the school’s youngest year, unless the local authority requests for such information to be provided.  

 

Schools must also notify the local authority when a pupil’s name is to be deleted from the admission register under any of the grounds set out in the Education (Pupil Registration) (England) Regulations 2006 as amended,93 as soon as the ground for deletion is met and no later than the time at which the pupil’s name is deleted from the register. This duty does not apply where the pupil has completed the school’s final year, unless the local authority requests for such information to be provided.

 

A pupil’s name can only be deleted from the admission register under regulation 8(1), sub-paragraph (f)(iii) or (h)(iii) if the school and the local authority have failed to establish the pupil’s whereabouts after jointly making reasonable enquiries. Advice on carrying out reasonable enquiries can be found in the Children Missing Education guidance.

 

Where a school notifies a local authority that a pupil’s name is to be deleted from the admission register, the school must provide 84 [7] the local authority with:

  • the full name of the pupil; 
  • the full name and address of any parent with whom the pupil lives; 
  • at least one telephone number of the parent with whom the pupil lives; 
  • the full name and address of the parent with whom the pupil is going to live, and the date the pupil is expected to start living there, if applicable; 
  • the name of pupil’s destination school and the pupil’s expected start date there, if applicable; and 
  • the ground in regulation 8 under which the pupil’s name is to be deleted from the admission register. 

 

Schools and local authorities should work together to agree on methods of making returns. When making returns, the school should highlight to the local authority where they have been unable to obtain the necessary information from the parent, for example in cases where the child’s destination school or address is unknown. Schools should also consider whether it is appropriate to highlight any contextual information of a vulnerable child who is missing education, such as any safeguarding concerns. 

 

It is essential that schools comply with these duties, so that local authorities can, as part of their duty to identify children of compulsory school age who are missing education, follow up with any child who might be at risk of not receiving an education and who might be at risk of being harmed, exploited or radicalised.  

 

The department provides a secure internet system - School2School, to allow schools to transfer pupil information to another school when the child moves. All schools maintained by local authorities are required, when a pupil ceases to be registered at their school and becomes a registered pupil at another school in England, Wales, Scotland or Northern Ireland to send a Common Transfer File (CTF) to the new school. Academies (including free schools) are also strongly encouraged to send CTFs when a pupil leaves to attend another school. Independent schools can be given access to School2School by the department.  

 

The School2School website also contains a searchable area, commonly referred to as the ‘Lost Pupil Database’, where schools can upload CTFs of pupils who have left but their destination or next school is unknown or the child has moved abroad or transferred to a non-maintained school. If a pupil arrives in a school and the previous school is unknown, schools should contact their local authority who will be able to search the database.  

 

Colleges 

 

Where a college is providing education for a child of compulsory school age, the college shall work collaboratively with the appropriate local authority in order to share information about the attendance and/or absences of that child as the local authority deems necessary, as set out in departmental advice Full-time enrolment of 14 to 16 year-olds in further education and sixth-form colleges. The college should also inform the relevant local authority immediately if that child is removed from the roll so that the local authority can as part of their duty identify children of compulsory school age who are missing education.   

 

Further information on child sexual exploitation 

 

Child sexual exploitation is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact: it can also occur through the use of technology. Like all forms of child sex abuse, child sexual exploitation:

 

  • can affect any child or young person (male or female) under the age of 18 years, including 16 and 17 year olds who can legally consent to have sex; 

 

  • can still be abuse even if the sexual activity appears consensual; 

 

  • can include both contact (penetrative and non-penetrative acts) and non-contact sexual activity; 

 

  • can take place in person or via technology, or a combination of both; 

 

  • can involve force and/or enticement-based methods of compliance and may, or may not, be accompanied by violence or threats of violence; 

 

  • may occur without the child or young person’s immediate knowledge (e.g. through others copying videos or images they have created and posted on social media); 

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  • can be perpetrated by individuals or groups, males or females, and children or adults. The abuse can be a one-off occurrence or a series of incidents over time, and range from opportunistic to complex organised abuse; and 

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  • is typified by some form of power imbalance in favour of those perpetrating the abuse. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, sexual identity, cognitive ability, physical strength, status, and access to economic or other resources

 

Some of the following signs may be indicators of child sexual exploitation: 

 

  • children who appear with unexplained gifts or new possessions;

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  • children who associate with other young people involved in exploitation; 

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  • children who have older boyfriends or girlfriends; 

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  • children who suffer from sexually transmitted infections or become pregnant; 

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  • children who suffer from changes in emotional well-being; 

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  • children who misuse drugs and alcohol; 

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  • children who go missing for periods of time or regularly come home late; and 

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  • children who regularly miss school or education or do not take part in education.

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Further information on child criminal exploitation: county lines 

 

Criminal exploitation of children is a geographically widespread form of harm that is a typical feature of county lines criminal activity: drug networks or gangs groom and exploit children and young people to carry drugs and money from urban areas to suburban and rural areas, market and seaside towns. Key to identifying potential involvement in county lines are missing episodes, when the victim may have been trafficked for the purpose of transporting drugs and a referral to the National Referral Mechanism 85[8] should be considered. Like other forms of abuse and exploitation, county lines exploitation: 

 

  • can affect any child or young person (male or female) under the age of 18 years;

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  • can affect any vulnerable adult over the age of 18 years; 

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  • can still be exploitation even if the activity appears consensual; 

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  • can involve force and/or enticement-based methods of compliance and is often accompanied by violence or threats of violence; 

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  • can be perpetrated by individuals or groups, males or females, and young people or adults; and 

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  • is typified by some form of power imbalance in favour of those perpetrating the exploitation. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, cognitive ability, physical strength, status, and access to economic or other resources.

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Further information on domestic abuse

 

The cross-government definition of domestic violence and abuse is:

 

 Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse between those aged 16 or over who are, or have been, intimate partners or family members regardless of gender or sexuality.  The abuse can encompass, but is not limited to:

 

  • psychological

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  • physical

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  • sexual

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  • financial

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  • emotional

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Exposure to domestic abuse and/or violence can have a serious, long lasting emotional and psychological impact on children.  In some cases, a child may blame themselves for the abuse or may have had to leave the family home as a result.  Advice on identifying children who are affected by domestic abuse and how they can be helped is available at: 

 

NSPCC- UK domestic-abuse signs symptoms effects

 

Refuge what is domestic violence/effects of domestic violence on children

 

 

Further information on so-called ‘honour-based’ violence 

 

So-called ‘honour-based’ violence (HBV) encompasses incidents or crimes which have been committed to protect or defend the honour of the family and/or the community, including female genital mutilation (FGM), forced marriage, and practices such as breast ironing. Abuse committed in the context of preserving “honour” often involves a wider network of family or community pressure and can include multiple perpetrators.  It is important to be aware of this dynamic and additional risk factors when deciding what form of safeguarding action to take. All forms of HBV are abuse (regardless of the motivation) and should be handled and escalated as such. If in any doubt, staff should speak to the designated safeguarding lead (or deputy). Professionals in all agencies, and individuals and groups in relevant communities, need to be alert to the possibility of a child being at risk of HBV, or already having suffered HBV. 

 

Actions

If staff have a concern regarding a child that might be at risk of HBV, they should activate local safeguarding procedures, using existing national and local protocols for multiagency liaison with police and children’s social care. Where FGM has taken place, since 31 October 2015 there has been a mandatory reporting duty placed on teachers86[9] that requires a different approach (see following section).  

 

FGM mandatory reporting duty

 

FGM comprises all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs. It is illegal in the UK and a form of child abuse with long-lasting harmful consequences. 

 

Section 5B of the Female Genital Mutilation Act 2003 (as inserted by section 74 of the Serious Crime Act 2015) places a statutory duty upon teachers along with regulated health and social care professionals in England and Wales, to report to the police where they discover (either through disclosure by the victim or visual evidence) that FGM appears to have been carried out on a girl under 18. Those failing to report such cases will face disciplinary sanctions. It will be rare for teachers to see visual evidence, and they should not be examining pupils, but the same definition of what is meant by “to discover that an act of FGM appears to have been carried out” is used for all professionals to whom this mandatory reporting duty applies. Information on when and how to make a report can be found at  Mandatory reporting of female genital mutilation procedural information.  

 

Teachers must personally report to the police cases where they discover that an act of FGM appears to have been carried out.87[10] Unless the teacher has good reason not to, they should still consider and discuss any such case with the school or college’s designated safeguarding lead (or deputy) and involve children’s social care as appropriate. The duty does not apply in relation to at risk or suspected cases (i.e. where the teacher does not discover that an act of FGM appears to have been carried out, either through disclosure by the victim or visual evidence) or in cases where the woman is 18 or over. In these cases, teachers should follow local safeguarding procedures. The following is a useful summary of the FGM mandatory reporting duty: FGM Fact Sheet.  

 

Forced marriage 

 

Forcing a person into a marriage is a crime in England and Wales. A forced marriage is one entered into without the full and free consent of one or both parties and where violence, threats or any other form of coercion is used to cause a person to enter into a marriage. Threats can be physical or emotional and psychological. A lack of full and free consent can be where a person does not consent or where they cannot consent (if they have learning disabilities, for example). Nevertheless, some communities use religion and culture as a way to coerce a person into marriage. Schools and colleges can play an important role in safeguarding children from forced marriage. 

 

The Forced Marriage Unit has published Multi-agency guidelines, with pages 32-36 focusing on the role of schools and colleges. School and college staff can contact the Forced Marriage Unit if they need advice or information: Contact: 020 7008 0151 or email fmu@fco.gov.uk

 

Further information on preventing radicalisation 

 

Protecting children from the risk of radicalisation should be seen as part of schools’ and colleges’ wider safeguarding duties, and is similar in nature to protecting children from other forms of harm and abuse. During the process of radicalisation it is possible to intervene to prevent vulnerable people being radicalised.

 

Radicalisation refers to the process by which a person comes to support terrorism and forms of extremism.

 

Extremism goes beyond terrorism and is defined in the Government’s Counter Extremism Strategy as vocal or active opposition to our fundamental values, including the rule of law, individual liberty and the mutual respect and tolerance of different faiths and beliefs. We also regard calls for the death of members of armed forces as extremism.  Extremists often target the vulnerable – including the young – by seeking to sow divisions between communities on the basis of race, faith or denomination; justifying discrimination towards women and girls; seeking to persuade others that minorities are inferior; or arguing against the primacy of democracy and the rule of law in our society. 

 

There is no single way of identifying an individual who is likely to be susceptible to an extremist ideology. It can happen in many different ways and settings. Specific background factors may contribute to vulnerability which are often combined with specific influences such as family, friends or online, and with specific needs for which an extremist or terrorist group may appear to provide an answer. The internet and the use of social media in particular has become a major factor in the radicalisation of young people. 

 

As with other safeguarding risks, staff should be alert to changes in children’s behaviour which could indicate that they may be in need of help or protection. Staff should use their judgement in identifying children who might be at risk of radicalisation and act proportionately, which may include making a referral to the Channel programme. 

 

Prevent 

 

From 1 July 2015, specified authorities, including all schools (and, since 18 September 2015, all colleges) as defined in the summary of this guidance, are subject to a duty under section 26 of the Counter-Terrorism and Security Act 2015 (the CTSA 2015), in the exercise of their functions, to have “due regard 88[11] to the need to prevent people from being drawn into terrorism” 89.[12] This duty is known as the Prevent duty. It applies to a wide range of public-facing bodies. Bodies to which the duty applies must have regard to statutory guidance issued under section 29 of the CTSA 2015. Paragraphs 57-76 of the Revised Prevent duty guidance: for England and Wales are specifically concerned with schools (but also cover childcare). The guidance is set out in terms of four general themes: Risk assessment, working in partnership, staff training, and IT policies. The Prevent duty should be seen as part of schools’ wider safeguarding obligations and does not require schools to take any specific action in any given circumstances, but schools should be able to demonstrate activity in the following areas.

 

  • Schools are expected to assess the risk of children being drawn into terrorism, including support for extremist ideas that are part of terrorist ideology. This means being able to demonstrate both a general understanding of the risks affecting children and young people in the area and a specific understanding of how to identify individual children who may be at risk of radicalisation and what to do to support them. Schools should have clear procedures in place for protecting children at risk of radicalisation. These procedures may be set out in existing safeguarding policies. It is not necessary for schools to have distinct policies on implementing the Prevent duty.

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  • The Prevent duty builds on existing local partnership arrangements. For example, governing bodies and proprietors of all schools should ensure that their safeguarding arrangements take into account the policies and procedures established for local multi-agency safeguarding. Effective engagement with parents / the family should also be considered as they are in a key position to spot signs of radicalisation. It is important to assist and advise families who raise concerns and be able to point them to the right support mechanisms. Schools should also discuss any concerns in relation to possible radicalisation with a child’s parents in line with the individual school’s safeguarding policies and procedures unless they have specific reason to believe that to do so would put the child at risk.

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  • The Prevent guidance refers to the importance of Prevent awareness training to equip staff to identify children at risk of being drawn into terrorism and to challenge extremist ideas. Individual schools are best placed to assess the training needs of staff in the light of their assessment of the risk to pupils at the school of being drawn into terrorism. As a minimum, however, schools should ensure that the designated safeguarding lead undertakes Prevent awareness training and is able to provide advice and support to staff on protecting children from the risk of radicalisation. 

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  • Schools should ensure that children are safe from terrorist and extremist material when accessing the internet in schools.  

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The department has also published advice for schools on the Prevent duty. The advice is intended to complement the Prevent guidance and signposts other sources of advice and support. 

 

There is additional guidance: Prevent duty guidance: for further education institutions in England and Wales that applies to colleges.  

 

The Government has launched educate against hate, a website designed to equip school and college leaders, teachers and parents with the information, tools and resources they need to recognise and address extremism and radicalisation in young people. The website provides information on training resources for teachers, staff and school and college leaders, such as Prevent e-learning, via the Prevent Training catalogue.

 

Channel 

 

School and college staff should understand when it is appropriate to make a referral to the Channel programme.90[13] Channel guidance is available at: Channel guidance.  An e-learning channel awareness programme for staff is available at: Channel General Awareness. Channel is a programme which focuses on providing support at an early stage to people who are identified as being vulnerable to being drawn into terrorism. It provides a mechanism for schools to make referrals if they are concerned that an individual might be vulnerable to radicalisation. An individual’s engagement with the programme is entirely voluntary at all stages. In addition to information sharing, if a staff member makes a referral to Channel, they may be asked to attend a Channel panel to discuss the individual referred to determine whether support is required. 

 

Section 36 of the CTSA 2015 places a duty on local authorities to ensure Channel panels are in place. The panel must be chaired by the local authority and include the police for the relevant local authority area. Following a referral, the panel will assess the extent to which identified individuals are vulnerable to being drawn into terrorism and, where considered appropriate and the necessary consent is obtained, arrange for support to be provided to those individuals. Section 38 of the CTSA 2015 requires partners of Channel panels to co-operate with the panel in the carrying out of its functions and with the police in providing information about a referred individual. Schools and colleges that are required to have regard to Keeping children safe in education are listed in the CTSA 2015 as partners required to cooperate with local Channel panels.91[14] 

 

 

Further information on peer on peer abuse

 

What is it?

 

Children can abuse other children. This is generally referred to as peer on peer abuse.

Peer on peer abuse can take many forms. This can include (but is not limited to) bullying (including cyberbullying); sexual violence and sexual harassment; physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm; sexting and initiating/hazing type violence and rituals. 

 

 

Sexual violence and sexual harassment between children in schools and colleges

 

The Department for Education has published detailed advice on sexual violence and sexual harassment between children in schools and colleges. It is available here. Below is a summary of that advice. 

 

Context

 

Sexual violence and sexual harassment can occur between two children of any sex. They can also occur through a group of children sexually assaulting or sexually harassing a single child or group of children. 

 

Children who are victims of sexual violence and sexual harassment will likely find the experience stressful and distressing. This will, in all likelihood, adversely affect their educational attainment. Sexual violence and sexual harassment exist on a continuum and may overlap, they can occur online and offline (both physical and verbal) and are never acceptable. It is important that all victims are taken seriously and offered appropriate support. Schools and colleges should consider the following:

 

  • It is more likely that girls will be the victims of sexual violence 92[15] and more likely that sexual harassment will be perpetrated by boys. Schools and colleges should be aware of the importance of: 

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  • making clear that sexual violence and sexual harassment is not acceptable, will never be tolerated and is not an inevitable part of growing up;

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  • not tolerating or dismissing sexual violence or sexual harassment as “banter”,

“part of growing up”, “just having a laugh” or “boys being boys”; and

 

  • challenging behaviours (which are potentially criminal in nature), such as grabbing bottoms, breasts, vaginas and penises. Dismissing or tolerating such behaviours risks normalising them. 

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  • Children with Special Educational Needs and Disabilities (SEND) can be especially vulnerable. Disabled and deaf children are three times 93[16] more likely to be abused than their peers. Additional barriers can sometimes exist when recognising abuse in SEND children (see paragraph 96 in Part 2 of this guidance).

 

What do we mean by sexual violence and sexual harassment between children?

 

The departmental advice, when referring to sexual violence refers to sexual offences as described under the Sexual Offences Act 2003 94.[17] This includes: rape, assault by penetration and sexual assault. The advice sets out that sexual harassment is ‘unwanted conduct of a sexual nature’ that can occur online and offline. It is likely to violate a child’s dignity, and/or makes them feel intimidated, degraded or humiliated and/or creates a hostile, offensive or sexualised environment.

 

Legal responsibilities and equality policies 

 

Schools and colleges should be aware of their obligations under the Human Rights Act 1998 (HRA).

 

Schools and colleges are required to comply with relevant requirements as set out in the Equality Act 2010 (the Equality Act): advice-for-schools and advice for further-and-highereducation.  

 

The Equality and Human Rights Commission provides the following general guidance for schools that are subject to the public-sector-equality-duty.  

 

A whole school or college approach to safeguarding and child protection

 

The best schools and colleges take a whole school approach to safeguarding and child protection. This means involving everyone in the school or college, including the governing body or proprietor, all the staff, all the children and their parents or carers. 

 

Safeguarding and child protection should be a recurrent theme running through policies and procedures. The school’s or college’s approach to sexual violence and sexual harassment should reflect and be part of the broader approach to safeguarding. 

 

Schools and colleges can play an important role in preventative education. 

 

Responding to reports of sexual violence and sexual harassment

 

Introduction 

 

Reports of sexual violence and sexual harassment are likely to be complex and require difficult professional decisions to be made, often quickly and under pressure. Pre-planning, effective training and effective policies will provide schools and colleges the foundation for a calm, considered and appropriate response to any reports.

 

Support for schools and colleges

 

Effective safeguarding practice is for schools and colleges to be clear, in advance, as to what local processes are in place and what local support can be accessed when sexual violence or sexual harassment has occurred. It is important to prepare for this in advance of a reported incident and review this information on a regular basis to ensure it is up to date. As such:

 

  • if required, the designated safeguarding lead (or a deputy) should discuss the local response to sexual violence and sexual harassment with police and children’s social care colleagues in order to prepare the school or college’s policies (especially the child protection policy) and responses; and

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  • the designated safeguarding lead (and their deputies) should be confident as to what local specialist support is available to support all children involved (including the victims and perpetrators) in sexual violence and sexual harassment and be confident as to how to access this support when required.

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Detailed information on support for schools and colleges is included in the departmental advice. 

 

Managing the disclosure

 

The school or college’s initial response to a disclosure from a child is important.  It is essential that victims are reassured that they are being taken seriously and that they will be supported and kept safe. A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. Nor should a victim ever be made to feel ashamed for making a report. 

 

Anonymity

 

Where an allegation of sexual violence or sexual harassment is progressing through the criminal justice system, schools and colleges should be aware of anonymity, witness support and the criminal process in general so they can offer support and act appropriately.95[18] Information is at: CPS: children as victims and witnesses.

 

In addition to the legal protections, as a matter of effective safeguarding practice, schools and colleges should do all they reasonably can to protect the anonymity of any children involved in any report of sexual violence or sexual harassment. Amongst other things this will mean carefully considering, based on the nature of the report, which staff should know about the report and any support that will be in place for the children involved. 

 

Action following a report: What to consider

 

Schools and colleges should carefully consider any report of sexual violence and/or sexual harassment. The designated safeguarding lead (or deputy) is likely to have a complete safeguarding picture and be the most appropriate person to decide on the school or college’s initial response. Important considerations will include:

 

  • the wishes of the victim in terms of how they want to proceed. This is especially important in the context of sexual violence and sexual harassment. Victims should be given as much control as is reasonably possible over decisions regarding how any investigation will be progressed and any support that they will be offered.  

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  • the nature of the alleged incident(s), including: might a crime have been committed and consideration of harmful sexual behaviour;

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  • the ages of the children involved; 

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  • the developmental stages of the children involved;

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  • any power imbalance between the children (e.g. is the alleged perpetrator significantly older);

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  • is the alleged incident a one off or a sustained pattern of abuse;

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  • are their ongoing risks; and

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  • other related issues and wider context. Where incidents and or behaviours are associated with factors outside the school or college and/or occur between children outside the school or college the designated safeguarding lead (or deputy) should be considering contextual safeguarding. This simply means assessments of children in such cases should consider whether wider environmental factors are present in a child’s life that are a threat to their safety and/or welfare. Children’s social care assessments should consider such factors and so, it is important that schools and colleges provide as much information as possible as part of the referral process. This will allow any assessment to consider all the evidence and the full context of any abuse. Supporting information regarding contextual safeguarding, and where schools and colleges fit into the wider environment, is available here: Contextual safeguarding.

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Children sharing a classroom: Initial considerations when the report is made

 

Any report of sexual violence is likely to be traumatic for the victim. 

 

However, reports of rape and assault by penetration are likely to be especially difficult with regard to the victim and close proximity with the alleged perpetrator is likely to be especially distressing. Whilst the school or college establishes the facts of the case and starts the process of liaising with children’s social care and the police, the alleged perpetrator should be removed from any classes they share with the victim. The school or college should also consider how best to keep the victim and alleged perpetrator a reasonable distance apart on school or college premises and on transport to and from the school or college where appropriate. These actions are in the best interests of both children and should not be perceived to be a judgment on the guilt of the alleged perpetrator. 

 

For other reports of sexual violence and sexual harassment the proximity of the victim and alleged perpetrator and considerations regarding shared classes, sharing school or college premises and school or college transport, should be considered immediately. 

 

In all cases the initial report should be carefully evaluated, reflecting the considerations set out in the “Action following a report” section above. The wishes of the victim, the nature of the allegations and the protection of all children in the school or college will be especially important when considering any immediate actions.

 

Safeguarding and supporting the victim

 

The following principles are based on effective safeguarding practice and should help shape any decisions regarding safeguarding and supporting the victim. 

 

  • Consider the age and the developmental stage of the victim, the nature of the allegations and the potential risk of further abuse. Schools and colleges should be aware that by the very nature of sexual violence and sexual harassment a power imbalance is likely to have been created between the victim and alleged perpetrator. 

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  • The needs and wishes of the victim should be paramount (along with protecting the child) in any response. It is important they feel in as much control of the process as is possible. Wherever possible, the victim, if they wish, should be able to continue in their normal routine. Overall, the priority should be to make the victim’s daily experience as normal as possible, so that the school or college is a safe space for them. 

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  • The victim should never be made to feel they are the problem for making a report or made to feel ashamed for making a report. 

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  • Consider the proportionality of the response. Support should be tailored on a case-by-case basis. The support required regarding a one-off incident of sexualised name-calling is likely to be vastly different from that for a report of rape. 

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Ongoing Considerations: Victim and alleged perpetrator sharing classes

 

Page 75 considered the immediate response to a report. Once the designated safeguarding lead (or a deputy) have decided what the next steps will be in terms of progressing the report, they should consider again, the question of the victim and alleged perpetrator sharing classes and sharing space at school or college. This will inevitably involve complex and difficult professional decisions, including considering their duty to safeguard children and their duty to educate them. It is important each report is considered on a case-by-case basis and risk assessments are updated as appropriate. As always when concerned about the welfare of a child, the best interests of the child should come first. In all cases, schools and colleges should follow general safeguarding principles.

 

Where there is a criminal investigation into a rape, assault by penetration or sexual assault the alleged perpetrator should be removed from any classes they share with the victim. The school or college should also consider how best to keep the victim and alleged perpetrator a reasonable distance apart on school or college premises and on transport to and from school or college where appropriate. This is in the best interests of both children and should not be perceived to be a judgement on the guilt of the alleged perpetrator. Close liaison with the police is essential. 

 

Where a criminal investigation into a rape or assault by penetration leads to a conviction or caution, the school or college should take suitable action, if they have not already done so. In all but the most exceptional of circumstances, the rape or assault is likely to constitute a serious breach of discipline and lead to the view that allowing the perpetrator to remain in the same school or college would seriously harm the education or welfare of the victim (and potentially other pupils). 

 

Where a criminal investigation into sexual assault leads to a conviction or caution, the school or college should, if it has not already, consider any suitable sanctions in light of their behaviour policy, including consideration of permanent exclusion 96.[19] Where the perpetrator is going to remain at the school or college, the principle would be to continue keeping the victim and perpetrator in separate classes and continue to consider the most appropriate way to manage potential contact on school and college premises and transport. The nature of the conviction or caution and wishes of the victim will be especially important in determining how to proceed in such cases.

 

In all cases, schools and colleges should record and be able to justify their decision making.

 

Reports of sexual assault and sexual harassment will, in some cases, not lead to a report to the police (for a variety of reasons). In some cases rape, assault by penetration, sexual assault or sexual harassment are reported to the police and the case is not progressed or are reported to the police and ultimately result in a not guilty verdict. None of this means the offence did not happen or that the victim lied. The process will have affected both victim and alleged perpetrator. Appropriate support should be provided to both as required and consideration given to sharing classes and potential contact as required on a case-by-case basis. In all cases schools and colleges should record and be able to justify their decision making.

 

All the above should be considered with the needs and wishes of the victim at the heart of the process (supported by parents and carers as required). Any arrangements should be kept under review.

 

Safeguarding and supporting the alleged perpetrator

 

The following principles are based on effective safeguarding practice and should help shape any decisions regarding safeguarding and supporting the alleged perpetrator:

 

  • The school or college will have a difficult balancing act to consider. On the one hand to safeguard the victim (and the wider student body) and on the other hand providing the alleged perpetrator with an education, safeguarding support as appropriate and implementing any disciplinary sanctions. 

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  • Consider the age and the developmental stage of the alleged perpetrator and nature of the allegations. Any child will likely experience stress as a result of being the subject of allegations and/or negative reactions by their peers to the allegations against them.  

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  • Consider the proportionality of the response. Support (and sanctions) should be considered on a case-by-case basis. An alleged perpetrator may potentially have unmet needs (in some cases these may be considerable) as well as potentially posing a risk of harm to other children. Harmful sexual behaviour in young children may be a symptom of either their own abuse or exposure to abusive practices and or materials.  Advice should be taken, as appropriate, from children’s social care, specialist services and the police.

 

 

 

 

                                                                                                                    Appendix C

Safeguarding Procedure

Tredworth Junior School

Designated Safeguarding Leads

 DSL Paul Reedman

Deputy DSL Hannah Cox / Mark Samak / HT Andrew Darby

‘Always act in the best interests of the child’

 

  • All Information recorded may have to be shared with other relevant agencies.
  • All Staff are responsible for recording safeguarding concerns
  • All information needs to be dated and signed with the content being clear, concise and factual
  • Where appropriate safeguarding information will be added to a child’s individual chronology of events.
  • Guidance and legislation for; dealing with a disclosure - keeping children safe in education - Safer Working Practice - Code of Conduct /Confidential Reporting procedure - staff and volunteer Acceptable Use Policy,  and the Escalation Policy flowchart can be found in the classroom safeguarding file.

 

 

 

 

77Or by reason of sickness or unavoidable cause or on a day exclusively set apart for religious observance by the religious body to which their parent belongs or because the school is not within walking distance of the pupil’s home and no suitable arrangements have been made by the local authority either for their transport to and from the school or for boarding accommodation for them at or near the school or for enabling them to become a registered pupil at a school nearer their home. 

78In default of such agreement, at intervals determined by the Secretary of State. 

80[3]Where schools can reasonably obtain this information. 

81Under regulation 5 of the Education (Pupil Registration) (England) Regulations 2006 as amended. 

82Where schools can reasonably obtain this information. 

83Under regulation 12 of the Education (Pupil Registration) (England) Regulations 2006 as amended. 93 Regulation 8 of the Education (Pupil Registration) (England) Regulations 2006.

 

 

[7] Under regulation 12 of the Education (Pupil Registration) (England) Regulations 2006 as amended. 

[8] national crime agency human-trafficking  

[9] Section 5B(11) of the FGM Act 2003 (as inserted by section 74 of the Serious Crime Act 2015) provides the definition for the term ‘teacher’: ”teacher” means – (a) in relation to England, a person within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England). 

[10] Section 5B(6) of the Female Genital Mutilation Act 2003 states teachers need not report a case to the police if they have reason to believe that another teacher has already reported the case.

[11] According to the Prevent duty guidance ‘having due regard’ means that the authorities should place an appropriate amount of weight on the need to prevent people being drawn into terrorism when they consider all the other factors relevant to how they carry out their usual functions. 

[12] “Terrorism” for these purposes has the same meaning as for the Terrorism Act 2000 (section 1(1) to (4) of that Act).  

[13] Guidance issued under section 36(7) and section 38(6) of the CTSA 2015.  

[14] Such partners are required to have regard to guidance issued under section 38(6) of the CTSA 2015 when cooperating with the panel and police under section 38 of the CTSA 2015.  

[15] Girlguiding's Girls' Attitudes Survey 2017 found 64% of girls aged 13-21 had experienced sexual violence or sexual harassment at school or college in the past year.

The Women and Equalities committee (WEC) found a number of large scale surveys find girls consistently reporting high levels of sexual harassment and sexual violence in school: WEC report- paragraph 13.  

[16]  Jones, L et al. (2012) Prevalence and risk of violence against children with disabilities: a systematic review and meta-analysis of observational studies. The Lancet July 2012.

[17] legislation.gov.uk 

[18] It is not the role of schools and colleges to provide legal advice or support to victims, alleged perpetrators or parents in respect of a criminal justice process. Rather, schools and colleges should be aware of their own position and responsibilities. 

[19] Maintained schools, academies and pupil referral units should follow the statutory guidance here. Independent schools and colleges should consider excluding as per their own policies.