SAFEGUARDING CHILDREN THE ROLE OF THE SCHOOL AND GOVERNORS 2008/2009

Introduction Fred and Rosemary West Lauren Wright Lord Laming’s Report on the Inquiry into the death of Victoria Climbie Feb 2003 Every Child Matters – Green Paper Feb 2003 The Soham murders – Bichard Report 2004 These are examples of key incidents and reports which have heightened awareness that all organisations need cultures and systems which protect children

Every Child Matters “We have to do more both to protect children and ensure each child fulfils their potential. Security and opportunity must go hand in hand.”

Course Aim To provide Governors with an opportunity to learn about their role and responsibilities in relation to child protection, in the context of the school’s general duty to safeguard and promote the welfare of children who are pupils

Learning Outcomes Governors will support their Headteacher/Designated Person in ensuring policies and systems in school fulfil the safeguarding responsibilities Governors will know what their responsibilities are in relation to safeguarding children

What do we mean by “Safeguarding and Promoting Welfare”? Safeguarding and promoting the welfare of children is defined as: Protecting children from maltreatment Preventing impairment of children’s health or development Ensuring that children are growing up in circumstances consistent with the provision of safe and effective care; ….and undertaking that role so as to enable those children to have the optimum life chances such that they enter adulthood successfully

What is safeguarding? Child Protection Assessment Framework

The Children Act 2004 Clear accountability Integrating education, health and social care Raising the priority of child protection Creating a lead inspectorate for children Creating an independent voice for children Raising the status and attractiveness of working with children Sharing information between services to pick up the warning signs

The Education Act 2002 Section 175 of the Education Act 2002 came into force June 1st 2004. It created an explicit duty to strengthen arrangements for safeguarding and promoting the welfare of children The Guidance is entitled ’Safeguarding Children in Education’

The Education Act 2002 Section 175 “Duties of LAs and governing bodies in relation to the welfare of children….. ….The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.”

The Bichard Report - Recommendation 19 “New arrangements should be introduced requiring those who wish to work with children, or vulnerable adults, to be registered. The register would confirm that there is no known reason why an individual should not work with these client groups.” The Safeguarding Vulnerable Groups Act is a major element of a wide-ranging and ambitious programme of work established across government to address the systemic failures identified by the Bichard inquiry. The Bichard Report was published 22 June 2004 following investigation into failures around the Soham case: 31 recommendations all accepted in principle by Government. Mostly concern record keeping, vetting and information handling. Home Office is responsible for co-ordinating the Government’s response to the inquiry. Following a feasibility study, the DfES and DH proposed to implement recommendation 19 through the development of a central scheme through which unsuitable people would be barred from working with children and/or vulnerable adults. Sir Michael Bichard, in his Bichard Inquiry Final Report, March 2005, stated that ‘I have looked closely at the proposal and I believe that it meets all the material requirements of my recommendation… and I am therefore happy to endorse it.’

Highlights Core purpose: to prevent unsuitable people from working with children and vulnerable adults The Scheme will reform current vetting and barring practices…. …but employers retain their responsibilities for ensuring safe recruitment and employment practices. The Safeguarding Vulnerable Groups Bill was introduced to the House of Lords on 28 February 2006 and received Royal Assent on 8 November 2006. The overriding aim of the new scheme will be to help avoid harm, or risk of harm, to children and vulnerable adults. It aims to do this by preventing those who are deemed unsuitable to work with children and vulnerable adults from gaining access to them through their work. Safeguarding is everyone’s responsibility – Safe and professional recruitment practices is only part of a wider responsibility on all of us (the government, employers, service providers, families, parents and the general public) to safeguard children and vulnerable adults from abuse and neglect. The Act provides for a reformed vetting and barring system, which will: Be rigorous, using proper expert advice at appropriate points. Make clear that everybody has a responsibility for ensuring vulnerable groups are safe. Be transparent, with a clear relationship with its data sources, and clear responsibilities on those running the scheme. Be fair to individuals, in particular not penalising any individual beyond what is reasonable to ensure the protection of children and vulnerable adults from harm, including appeal and review proceedings.

Legal & policy framework Duties and responsibilities under regulated activity, where an organisation is providing the activity: A barred individual must not undertake regulated activity. To undertake regulated activity the individual must be ISA-registered. An employer must not engage in regulated activity a barred person or a person who is not ISA-registered. An employer must check that a prospective employee who is in regulated activity is ISA-registered. Personal and family relationships are not covered. Employers taking on an individual in a regulated activity will commit a criminal offence if they fail to check the status of an applicant, employee, or volunteer. It will also be an offence for employers/providers to permit a barred individual to work for any length of time (paid or unpaid) in an activity from which they are barred.

How it will work - Operations The Criminal Records Bureau will: Receive applications to the scheme Gather and monitor information for the Independent Safeguarding Authority Administer automatic inclusions on the list and cases where there is no information Provide the facility for online checks and continuous updates The Criminal Records Bureau (CRB) will: The CRB will provide the administrative arm to the Independent Safeguarding Authority. It will run the monitoring scheme. Applications and fees for a vetting and barring check will go to the CRB and they will gather information. When this information suggests that a barring decision is needed, the CRB will pass this information to the Independent Safeguarding Authority . The CRB will be responsible for continuously updating the information it holds and contacting employers if a person becomes barred or ceases to be a member of the scheme. The CRB will also provide the facility for employers to check an individual’s status in the scheme online. The CRB will have no role in making discretionary decisions as to whether to bar or in hearing representations; these will be undertaken by Independent Safeguarding Authority . The Authority will own the two barred lists. The CRB will perform administrative functions that are delegated to it by the Independent Safeguarding Authority.

Role and Responsibilities LA Lead Officer Role Senior Designated Person Role (and Deputy) Governing Body The guidance provides details about these responsibilities. The enhanced expectation is clear.

Implications for Schools Schools must take into account the need to minimise risk of harm and where there are concerns must act to remedy these. Schools need to audit their practice so that they can meet their responsibilities A child protection policy, reviewed annually, referred to in prospectus, conforms to LA/LSCB guidance Designated lead responsibility Appropriate training (including induction) for all Robust safe recruitment and allegation procedures A more robust (strategic) Governing Body role

Safeguarding Child Protection Intimate Care Staff Conduct Restraint Staff Conduct Anti Bullying Policies Curriculum Safeguarding Attendance Managing Allegations Against Staff Behaviour Management Use this diagram to demonstrate that safeguarding covers more than just child protection. Ask for examples from the participants of how each area helps to safeguard children e.g: staff conduct; safe practice for the safety of staff and pupils curriculum; providing opportunities for pupils to learn about keeping safe (i.e. via Warrington LEA’s ‘self-protect’ project) managing allegations against staff; following procedures which protect staff and children building design; keeping any unwanted visitors out of school safe recruitment and selection; particularly topical in light of the Soham tragedy whistle blowing; to raise concerns about a colleague’s conduct, see Warrington Borough Council’s whistle blowing policy health and safety; a safe environment behaviour management; having clear strategies and consistent responses for managing behaviour attendance; so we know that our pupils are safe when they are absent anti-bullying policies; help to promote positive behaviour in staff and pupils Safe Built Environment Whistle blowing Health and Safety Safe Recruitment and Selection

Duties of governing bodies Governors should not get involved or know details in individual cases (except disciplinary functions relating to allegations against members of staff) Collective responsibility or individual governor to champion?

Duties of governing bodies They must ensure that the school; Has child protection policy and procedures- made available to parents Operates safe recruitment procedures and checks are carried out. Has procedures for dealing with allegations of abuse against staff and volunteers. Has a senior member of school’s leadership team who is designated to take lead responsibility for child protection

Duties of governing bodies The Designated Person should have basic cp training multi agency training refresher training at 2 year intervals. All other staff ( including Head) should have training at 3 year intervals. All should be given the school’s CP policy / procedures and contact details of designated person when they begin work at the school.

Duties of governing bodies Designate a Governor, usually the chair, in case of allegations against the head teacher Governing body should review its policies and procedures annually and provide information to LA about them and how its duties have been discharged Remedy deficiencies or weaknesses in regard to CP arrangements without delay Extended schools – assurance about child protection procedures from independent companies to which activities are contracted

Role of Chair of Governors Requires Liaison (taking care with confidentiality) with the Head teacher/DP regarding allegations of child abuse Responsibility for the oversight of procedures relating to liaison with the Lead Officer CP for the LA, Social Services duty team and Police in relation to any allegation of child abuse made against the Head Teacher, including possible involvement in multi-agency strategy discussions (though no direct investigatory role, rather providing information and ensuring good communication between all parties)

When parents involve governors in child protection issues Explain that governors do not have an operational role in child protection Refer any concerns to the Head Teacher Where criticisms are made of any aspect of a case, (e.g. it’s progress or staff involved) as above Additionally, confidential or hypothetical advice will be given by LA/EWS/CYPS

Values and Ethos of school There is an ethos in school in which children and adults feel safe, are valued, respected and listened to. Children and staff are encouraged to talk and their opinions are respected Posters in school giving information about safety. Evidence of discussion groups Positive atmosphere Regular and valued staff meetings Pupil’s councils

Child Centred Practice Pupils know to whom they can turn if they are worried. Pupils know about the schools position on bullying and challenging behaviour. Children are respected in school. Rules are few but explicit Information seen around school Pupils when asked, can give info about school procedures Staff are seen and heard to speak to children courteously. School is involved in community and/or external education activities.

People like us (Utting Report) “The best safeguard is an environment of overall excellence”