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Safeguarding in the learning and skills sector (SITLASS)

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Presentation on theme: "Safeguarding in the learning and skills sector (SITLASS)"— Presentation transcript:

1 Safeguarding in the learning and skills sector (SITLASS)
Mention LSIS and the fact this training is being cascaded down following attendance at facilitator training. This is a condensed version of the full presentation. Not a Safeguarding expert Not printed off handouts (sustainability). However there is a participants handbook which I will to everyone. Contains full version of presentation plus a lot more information. There is a lot to get through but please feel free to ask questions as we go along. If I don’t know the answer I will say and “find a man that does!”

2 Aims and Objectives Aim:
To update on the wider context for the safeguarding of young people and vulnerable adults

3 Objectives of the workshop:
Aims and Objectives Objectives of the workshop: To identify the legislative context and key policy drivers which have informed the safer recruitment and wider safeguarding agenda To understand the difference between safeguarding and child protection and to explore ways of safeguarding young people and vulnerable adults in adult and community learning Use short course ILP to identify current level of understanding and knowledge of each of these. Put “S” to indicate where at at start of session. Get some indication of people at extremes e.g. “I know and understand this”-”I know nothing about this”

4 Continued…. To identify the importance of creating a whole organisation approach towards safeguarding To understand the roles and key purposes of other agencies, especially the local safeguarding boards ILPs continued Are there any other issues that people would like to see covered?

5 An introduction Please note: Some of the content within this presentation and training is sensitive and may be difficult to discuss If you would like to talk about any issues raised, please approach the facilitator, your safeguarding designated person or contact one of the support agencies whose details are contained in the training handbook. Key points It is important to recognise that in discussing certain safeguarding issues/concerns this can unearth bad memories, therefore all staff need to be aware of this. Your own notes:

6 Programme structure Module S1 The Context
Module S2 A Safer Environment Module S3 The October 2009 Legislation Module S4 Development and Support Your own notes: .

7 The journey to here……. Victoria Climbie 2003 Key points
Lord Laming inquiry The connection between racial and cultural diversity and Safeguarding The Soham Murders 2004 The Bichard Inquiry The importance of vetting staff, sharing information etc. Vanessa George 2009 The importance of seeing the big picture – CRBs only one piece of the jigsaw. George had a clean CRB. The importance of an effective whistle blowing policy and a culture of vigilance Key points This slide highlights the key elements that have informed the current safeguarding agenda. The Victoria Climbie Inquiry Delivering Safeguarding in a diverse society poses challenges that need to be met effectively. The report (published in 2003 and chaired by Lord Lamming explored some of the issues surrounding racial and cultural diversity and safeguarding. The Bichard Inquiry Report To see the full report, go to: Vanessa George; In June 2009 Vanessa George, a nursery worker at Little Teds nursery was charged with child abuse. Vanessa George, a mother of two, was charged with seven offences. She was also charged with making, possessing and distributing indecent images of children. This case highlights the importance of seeing the big picture – CRBs only one piece of the jigsaw. George had a clean CRB. It is important to recognise the importance of an effective whistle blowing policy and a culture of vigilance. Her colleagues had noticed a change in her behaviour but had not reported it. More recently a teacher from Weston Super Mare convicted of sexual assualt filmed himself abusing young girls. Concerns of other staff not followed up.

8 Introduction of Limiting Grade in 2009
The journey to here……. Every Child Matters A national framework to build services around the needs of young people and children 2004 Stay Safe, Be Healthy, Enjoy and Achieve, Make a Positive Contribution, Achieve Economic Success Ofsted Introduction of Limiting Grade in 2009 Every Child Matters: Change for Children, Sets out the national framework for change programmes to build services around the needs of children and young people so that we maximise opportunity and minimise risk. It highlights five outcomes that are key to the wellbeing of children and young people all of which are underpinned by the Children Act 2004: Stay safe; Be healthy; Enjoy and achieve ; Make a positive contribution ; Achieve economic wellbeing The current inspection framework makes Safeguarding a limiting grade. The impact of this is as follows: Safeguarding judgement of inadequate – Overall Effectiveness most unlikely to be better than satisfactory Safeguarding judgement of satisfactory – Overall Effectiveness most unlikely to be better than good; likely to also be satisfactory However new Common Inspection Framework to be introduced in 2012 and limiting grade for safeguarding likely to be withdrawn.

9 Our task is to make it as difficult as possible for them to succeed….’
An Introduction Bichard Inquiry Report, 2004 p12 para 79 ‘For those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil, no one can guarantee that they can be stopped. Our task is to make it as difficult as possible for them to succeed….’ Key points: This quote from the Bichard report outlines why it is so important to do the best we all can do to prevent people who want to hurt children from getting into a position where they may be able to do so. References: The Bichard Inquiry Report To see the full report, go to: Following the Bichard Inquiry Report, the then Labour Government planned the introduction of a new scheme involving the new Independent Safeguarding Authority for vetting people whose jobs will bring them into contact with children and vulnerable adults; the Vetting and Barring Scheme. On 15th June 2010 the new Coalition Government asked for a review of the VBS. In February 2011 the recommendations relating to the review were published. Your own notes:

10 Definitions An Introduction Child or young person: up to their 18th birthday (UN convention of the Rights of the Child) Key points: In law a child is a child until their 18th birthday and this applies to all domestic legislation. There is no legal definition of a young person and different projects work with ‘young people’ of different age groups, e.g , 14-19, or up to 25. There is no official age at which a “child” becomes a “young person”.

11 Living in certain situations
Definition of a vulnerable adult A Vulnerable adult is defined by the Safeguarding Vulnerable Groups Act as a person over 18 years of age and who are: Living in certain situations Detained in institutions or because of other laws Receiving specific services Detailed definition taken from the VBS review February 2011 A vulnerable adult is defined by the Safeguarding Vulnerable Groups Act as a person who is aged 18 years or over and who: • is living in residential accommodation, such as a care home or a residential special school • is living in sheltered housing • is receiving domiciliary care in their own home • is receiving any form of healthcare • is detained in a prison, remand centre, young offender institution, secure training centre or attendance centre, or under the powers of the Immigration and Asylum Act 1999 • is under the supervision of the probation services • is receiving a specified welfare service, namely the provision of support, assistance or advice by any person, the purpose of which is to develop an individual’s capacity to live independently in accommodation or support their capacity to do so • is receiving a service or participating in an activity for people who have particular needs because of their age or who have any form of disability • is an expectant or nursing mother living in residential care • is receiving direct payments from a local authority or health and social care trust in lieu of social care services, and/or • requires assistance in the conduct of their own affairs

12 Module 1: The context An overview: Definition of safeguarding
What we are safeguarding learners from? Who are the potential abusers? Why is safeguarding important? Safeguarding and external inspection Module 1: The Context Key points: Safeguarding looks at all types of harm and their prevention rather than just looking at abuse and neglect, as child protection does. References: ‘Keeping it Safe’ from National Council for Voluntary Youth Services is a manual which enables voluntary youth organisations to look at their safeguarding practices and ensure they are doing everything possible to keep young people they work with safe. Whilst it is not written for the education sector specifically, much of the content is entirely relevant.

13 What is child protection? What is safeguarding? What’s the difference?
Module 1: The Context What is child protection? What is safeguarding? What’s the difference? Key points: Although we are talking about protecting vulnerable adults as well as young people, child protection is the term many professionals are familiar with. It is important to note that if your organisation has a crèche or nursery facility, safeguarding duties extend to these children as well. Your own notes:

14 Module 1: The Context Child protection looks at recognising abuse and neglect and acting on it…. …whereas safeguarding looks at keeping children, young people and vulnerable adults safe from a much wider range of potential harm, and delivers preventative action, not just reaction. Key points: Many people who have heard the term safeguarding think it is simply the new word for child protection. Others haven’t heard it. As the slide shows, there is a lot more to safeguarding than protecting children from abuse, and the term safeguarding encompasses all learners, although child protection is still an essential element. Your own notes:

15 Safeguarding definition
Module 1: The Context “The term ‘safeguarding’ describes the broader preventative and precautionary approach to planning and procedures that are necessary to be in place to protect children and young people from any potential harm or damage.” Keeping it Safe, National Council for Voluntary Youth Services, 2002 Child protection and safer recruitment are important aspects of safeguarding This is also true for vulnerable adults Key points: Safeguarding looks at all types of harm and prevention of these types of harm, rather than just looking at abuse and neglect, as child protection does. References: ‘Keeping it Safe’ from National Council for Voluntary Youth Services is a manual which enables voluntary youth organisations to look at their safeguarding practices and ensure they are doing everything possible to keep young people they work with safe. Whilst it is not written for the education sector specifically, much of the content is entirely relevant. Your own notes:

16 So what are we safeguarding learners from?
Module 1: The Context Activity So what are we safeguarding learners from? Key points: This is a question to consider before moving on to the next slide. Your own notes:

17 Safeguarding learners from
Module 1: The Context Sexual abuse or inappropriate relationships Grooming Physical and emotional abuse or neglect Domestic violence Inappropriate parenting Inappropriate supervision by staff/volunteers i.e. ‘bad practice’ Bullying, cyber-bullying Self-harm, risky behaviour Unsafe activities and environments Key points: Taking safeguarding in its widest context we can also include these lists of potential risks and dangers. We are not asking you to deal with all of these issues, but to be vigilant and spot any signs of harm potentially coming to the learners and for you to know what to do about any concerns. This is not about eliminating all risk from the lives of young people, as learning how to deal with and avoid risks is part of growing up and learning to cope with the world. This is about protecting them from significant harm and avoidable danger. Please find a definition for grooming in the glossary. It is also important to note that ‘inappropriate parenting’ can lead to specific types of abuse e.g. neglect, emotional abuse. Your own notes:

18 and… Accidents e.g. road, home Crime Fear of crime
Module 1: The Context Accidents e.g. road, home Crime Fear of crime Exploitation including financial abuse, sexual exploitation, forced marriage Immigration issues Potentially unsafe environments e.g. parks, sports grounds Homelessness and unsuitable housing Victimisation due to race, sexuality, faith, gender, disability Your own notes:

19 Who are the potential abusers?
Module 1: The Context Who are the potential abusers? Your own notes:

20 Friends and acquaintances Strangers, e.g. predatory paedophiles
Family members Friends and acquaintances Strangers, e.g. predatory paedophiles Staff working in the sector including peripatetic staff, e.g. assessors and agency staff Externally contracted staff, e.g. security staff, transport staff Volunteers Governors/trustees/board members Other learners Themselves Anyone (potentially!) Key points: Children and vulnerable adults who are abused are most likely to suffer abuse at the hands of someone known to them. Often people are most afraid of “stranger danger” and the things given the majority of media attention such as paedophiles and strangers who abduct and attack children. However, this is relatively uncommon compared to abuse perpetrated by family and acquaintances. We are also highlighting again the possibility of staff within the organisation in which they work being the perpetrators of abuse, i.e. people they know and trust. It is difficult to say how many people are abused or are abusers, but we know both come from all walks of life, are of any age, any gender, any sexuality, culture and ethnic group. The purpose of these lists is to look at safeguarding in the widest possible sense. Therefore practically any form of harm can be included. Safeguarding learners from other learners is also an issue, but beyond the scope of this workshop – where appropriate organisations should have procedures in place to risk assess learners they enrol. Volunteering England has published “Safeguarding and student volunteering in the further education sector”.

21 So why is this important?
Module 1: The Context External and internal drivers Doing what is best Legislation Inspection Protecting the organisation and its workforce Policies and procedures Contractual responsibilities Commitment to providing the best and safest learning environment possible to ensure learners can succeed and staff can feel secure Key points It is important to recognise that safeguarding your staff is as important as your learners. As previously identified the Ofsted Common Inspection Framework emphasises the importance of safeguarding and safer recruitment. It carries a limiting grade. Safeguarding Vulnerable Groups Act Your own notes:

22 External inspection will evaluate:
Whether there is an awareness of safeguarding across the organisation, including staff and learners Whether there is staff training on safeguarding to ensure all understand the requirements and duties to safeguard all learners including vulnerable adults Whether providers have looked at their policies to include safeguarding Whether providers have safeguarding systems in place and are critically looking at existing practices Whether the organisation is proactive and taking the right steps Module1: The Context Key points: Your approaches to safeguarding will be considered at external inspection. Inspectors will be looking for evidence of a whole organisation approach to safeguarding policy and practice. It is important to make use of Appendix 3 – the Safer Recruitment and Safeguarding Audit Tool. This includes key elements that Ofsted will consider in external inspections. Your own notes: 22

23 External inspection continued…..
Module1: The Context Whether learners feel safe Whether the provider knows about the requirements on vetting and barring The Central Record Speak with the Designated Person Whether providers have made decisions around ISA/ CRB checks and who should be included in these Whether the organisation has links with the local safeguarding board LSB (for details of LSBs ww.everychildmatters.gov.uk/lscb) Key points: Make participants aware that the organisation’s approaches to safeguarding will be considered at external inspection. Inspectors will be looking for evidence of a whole organisation approach to safeguarding policy and practice. For further information in relation to Safeguarding Boards visit It is also important that your organisation knows who the Local Authority Designated Officer (LADO) is and that your Designated Person uses this contact for advice and support. Visiting the Ofsted website and looking at the FAQs re safeguarding on this site can also be helpful. Recently the National Association for Managers of Student Services have produced a report looking at Good Practice in the sector and this report can be downloaded from It is important to make use of Appendix 3 – the Safer Recruitment and Safeguarding Audit Tool. This includes key elements Ofsted will consider in external inspections. 23 Your own notes:

24 Safeguarding judgements in the Common Inspection Framework
Module1: The Context How safe do learners feel? What is observed (safe practices) What learners tell inspectors (feel safe) How effectively does the provider promote the safeguarding of learners? Learners are safeguarded and protected Staff take action to identify and respond appropriately to users’ welfare concerns Safeguarding is prioritised Providers work together with agencies and professionals effectively to safeguard learners Your own notes 24

25 External inspection continued…
Module1: The Context Compliance or commitment? The grade for safeguarding is a ‘limiting’ grade, which impacts on grades for Leadership and Management and Overall Effectiveness. Compliance is the minimum necessary requirement for a judgement of ‘adequate’ in safeguarding (Reference to Towards Excellence) Staff Training – The LSIS Safeguarding Training Modules are recognised by Ofsted. It will be important for providers to select the modules best suited to staff roles and responsibilities. Your own notes Not got time to go through the “Towards Excellence” self assessment tool today but it is in the participant handbook that you will receive and those with a responsibility for overseeing safeguarding in an organisation may wish to use it. 25

26 Activity – Key elements for inspection
Do you know how safe your learners feel? If so how? Do you know how safe staff feel? If so how? How is safeguarding promoted across the organisation? Key points Refelct on these questions and share your approaches to inspection within the group. If your organisation has already been inspected against the revised CIF please share with staff any examples that relate to inspection and safeguarding. Your own notes

27 Module 2: A safer environment
An overview: How do we safeguard learners and staff? An organisation’s policies and training Developing a culture of vigilance – getting the right balance Roles and responsibilities Types of abuse – recognising and responding Module 2: A Safer Environment Key points: We are moving on from Module 1: The Context, onto talking about the safer environment that must be created in order for learners to be able to learn to their full potential and for staff to feel secure. Your own notes:

28 How do we safeguard learners and staff?
Module 2: A Safer Environment Safer recruitment of staff including volunteers Effective management and supervision Clear and effective policies and procedures Promoting safe working practices Raising awareness of learners, staff and governors/trustees/board members, and involving them in reviewing and developing approaches Key points: The next two slides outline what needs to be acted on in order to create a safe working and learning environment. Overall in module 2 we will explore policies and procedures; staff awareness and training; learner involvement and an ongoing culture of vigilance and explore through activities how these can all be used to create a safer environment. Your own notes:

29 Activity : Polices and procedures a)
Module 2: A Safer Environment Working in groups, list all the policies and procedures in your organisation which relate to safeguarding of learners and staff. Key points: Identify and list all of the policies and procedures which have a relevance to safeguarding . These will be revisited to see which provide guidance and support for both staff and learners in different safeguarding contexts. Your own notes:

30 You should have policies and procedures that cover:
Module 2: A Safer Environment Safeguarding Safer Recruitment Child Protection/Vulnerable Adult Protection Equality and Diversity Health and Safety Learning and Teaching Anti-bullying Whistle-blowing Acceptable use of technology Key points: It is important to emphasise that safeguarding and safeguarding practice become an integral part of an organisation’s daily activity, and is reflected across a wide range of policies, processes and procedures. It should be given consideration at all stages of organisational development. Your own notes:

31 continued... Staff Code of Conduct Volunteering Lone Working
Module2: A Safer Environment Staff Code of Conduct Volunteering Lone Working Learner Behaviour Policy Learner Complaints Learner Recruitment Risk Assessment Your own notes

32 Activity: Polices and procedures b)
Module2: A Safer Environment In your groups, identify any situations where the actions of staff could be placing themselves in a position of vulnerability in relation to safeguarding: e.g. using personal mobile phones for communicating with learners Now look back at your list of policies and procedures and identify which of these are designed to provide support and guidance for staff in these situations Key points : From your experiences identify possible situations where you feel that you could be placing yourself in a position of vulnerability e.g. Lifts for learners, lone working, use of online social networks………. . Key Points: It is important that staff and volunteers both know and understand what the organisations guidance / code of practice is in relation to behaviour and safeguarding. Knowing this does mean that staff should be less likely to place themselves in a position of vulnerability. In addition to the organisation’s own codes and policies, it may also be useful to look at any code of conduct as issued by your own professional body e.g. for Teaching and Training staff the Institute for Learning Your own notes

33 Safeguarding and risk assessment
Module 2: A Safer Environment The following areas may be covered by your Risk Assessment process: Trips Work placements Certain workshop/practical activity Lone working Other learners (where applicable) Home visits Mixed age groups within one learning cohort Multiple sites Travel between sites ………… Key points: It is important that all organisations now ensure that ‘safeguarding’ is an explicit part of their risk assessment process. Where applicable, a range of interventions need to be applied in order to mitigate against any potential risks. It may be useful at this point to ask those involved in completing risk assessments to highlight any examples applicable to ‘safeguarding’. Your own notes

34 Involving and informing learners and staff
Module 2: A Safer Environment The best way to protect learners and staff is to empower them to protect themselves We should: Ensure that they have an understanding of what is appropriate and what is not Help them to challenge what is inappropriate Give them avenues to address and report their concerns Involve them in the development and review of approaches to safeguarding Key points: This emphasises the point that building the awareness of learners and staff to know what is unacceptable in the way they are treated, and the confidence to do something about it, is the most effective way to protect them. Within this we need to consider any communication difficulties, as this can make already vulnerable people more vulnerable to not being able to act against any abuse or inappropriate behaviour. Staff need to have clarity relating to what is acceptable practice especially in relation to situations where they could potentially be making themselves open to an allegation or personal abuse e.g. use of Facebook, use of mobile phones. LSIS have developed a module for Learners and for further information visit Your own notes:

35 Training and awareness raising:
Module 2: A Safer Environment Induction for all staff (part-time, full-time and contractors), governors/trustees/board members and volunteers to include an element of safeguarding awareness Basic awareness training for all, refreshed regularly Discussion at team meetings Specialist training for the designated safeguarding person/s Information disseminated using wide range of methods e.g. intranet, briefings, newsletters etc.….. Key points It is important that organisations keep safeguarding in the forefront of both staff and learner minds. Ongoing relevant training is essential to support this. Including safeguarding as part of discussions in team meetings and at student / learner voice activity. Your own notes:

36 Developing a culture of vigilance
Module 2: A Safer Environment Whose responsibility? Senior management A specialist Designated Person for safeguarding All staff and volunteers Governors/board members/trustees Partnerships How ? Through robust application of safeguarding policy and procedures Through safer recruitment Through Designated Person, line management, appraisal, etc. Key points: These people are the key players with the responsibility for ensuring safeguarding is in place and effective in the organisation, but it is everyone’s responsibility to keep learners safe. They need to be supported by safeguarding being a golden thread through all policies and procedures, and it has to be acted on by the organisation as a whole. Your own notes:

37 Roles and responsibilities: the role of the Designated Person
Module 2: A Safer Environment To promote positive safeguarding procedures and practice Receive information and offer advice about safeguarding concerns, maintain secure records and take appropriate action To be familiar with national and local safeguarding guidance and referral procedures To assess the development needs of staff and co-ordinate training To keep all staff and volunteers informed of good practice and development To monitor safeguarding cases in the organisation Key points Please see the handout which follows for a role description of the Designated Person. This is a generic role description which you might want to adapt to suit your purpose Need to be aware of who the Designated Person is in your organisation. Your own notes:

38 Everyone’s responsibilities
Module 2: A Safer Environment The 5 Rs Recognise Respond Report Record Refer Key points: Recognise is the first responsibility of everyone working with young people and vulnerable adults. This refers to how we recognise potential signs of abuse or how it could be made apparent to us, i.e. through a disclosure, allegation, our own concerns about a child or vulnerable adult or through whistle-blowing (concerns about another adult’s practice). Your own notes:

39 Types of abuse Physical Emotional Sexual Neglect Also:
Module 2: A Safer Environment Physical Emotional Sexual Neglect From Working Together to Safeguard Children, HM Government, 2006 Also: Bullying, financial abuse and Domestic violence Key points: These are the four accepted categories of abuse which will be used as a basis for the next activity. This is from the ‘Working Together’ document, see reference below. Domestic violence and bullying are recognised as additional types of abuse as they can cause immense emotional harm. However, they are not currently included in the official definitions of abuse. There is further information in the handout as to the definitions of abuse. References: Working Together to Safeguard Children, HM Government, 2006 Your own notes:

40 Activity The first R - Recognise:
Module 2: A Safer Environment The first R - Recognise: Signs and indicators in the learner that may cause you to be concerned that they are being abused And behaviour of the potential abuser which may cause you to be suspicious Key points: Recognise is the first responsibility of everyone working with young people and vulnerable adults. This refers to how we recognise potential signs of abuse or how it could be made apparent to us, i.e. through a disclosure, allegation, our own concerns about a child or vulnerable adult, or through whistle-blowing (concerns about another adult’s practice). The purpose of the activity is to get participants to think about what we mean by abuse and neglect. Each group looks at one area of abuse and lists the signs and symptoms of the abuse, both concerns about the young person’s appearance or behaviour and the behaviour of the potential abuser. E.g. for physical abuse it could be burn marks, bruises etc, for sexual it could be sexualised behaviour at a young age, withdrawal, aggression etc., or if the behaviour of a colleague changed and they became secretive, or talking inappropriately about learners etc. In 4 groups each looking at one type of abuse. Come up with 5 possible signs that that type of abuse is taking place. Your own notes:

41 The second ‘R’; respond
Module 2: A Safer Environment The following 5 actions are required if receiving a safeguarding disclosure or concern: Listen Ask open questions not leading questions Do not make promises Do be clear about what happens next Don’t panic Key points: Respond is about how we react in the moment to a disclosure, allowing the child or vulnerable adult to say as much or as little as they wish, clarifying but not asking leading questions or putting words into their mouth, or delving too deeply. Also not making promises to keep it quiet but letting them know who you have to tell and what might happen next. Your own notes:

42 Activity Case Study 1 A learner approaches you and tries to explain that they are worried about a friend who they believe is being abused . They say that they have approached you because they trust you. What action do you take? Case Study 2 You have been off work recently and during this time have, on a number of occasions, seen a part-time member of the teaching staff socialising with one of your learners. You happen to know that this learner is currently having a difficult time at home you are also worried as this learner is 17 years old. Module 2: A Safer Environment Key points: The purpose of this activity is for you to consider exactly what action you should take in each situation. Use this activity as an opportunity to get complete clarity of your own organisation’s expectations and requirements. Your own notes: 42

43 Designated Person Flowchart
Module 2: A Safer Environment Key points: It is recommended that all organisations develop a similar flowchart. This should be personalised to your organisation and made available to both staff and learners. Your own notes: May want to talk to line manager first or go directly to designated person. Need to record exactly what was said. By whom. When. Has to be entirely factual. No judgements. But can put in comments about the state of the person making the disclosure e.g. crying, shaking. Also make a note of when the report was passed on and to whom. Some organisations have a standard proforma for this.

44 Module 3: The legislation
An overview: The current legislation What is the Independent Safeguarding Authority (ISA) The impact on staff Key points: This module looks at what the legislation introduced in October 2009 includes and the impact that it will have on individual staff across the sector. Your own notes:

45 The Government Review Module 3: The Legislation In June 2010 the Home Secretary called for a review of the intended Vetting and Barring scheme and delay of the start of the scheme. The review concluded Feb 2011 and recommendations have been made to Government. However new safeguarding regulations introduced in October 2009 continue to apply. Key points: Source ISA website March 2011 On February the Coalition Government published the findings of its Review into the Vetting and Barring Scheme. You can read the report at The Coalition Government has confirmed that until all the appropriate legislation has been introduced and the new arrangements are established, the existing responsibilities of employers and the ISA will remain. These include: A person who is barred from working with children or vulnerable adults will be breaking the law if they work or volunteer, or try to work or volunteer with those groups. An organisation which knowingly employs someone who is barred to work with those groups will also be breaking the law. If your organisation works with children or vulnerable adults and you dismiss or remove a member of staff or a volunteer because they have harmed a child or vulnerable adult, or you would have done so if they had not left, you must tell the Independent Safeguarding Authority. References: The ISA For further information, please contact the VBS contact centre on

46 Who has contact with your learners?
Activity Module3: The Legislation Who has contact with your learners? Key points: During this activity you should ask participants to identify as many people and groups who have, or potentially could have, contact with your learners. You will be asked to focus on different groups: Employed staff and volunteers Contracted staff e.g. agency staff Visitors and others Once you have completed this task, the information will be used to clarify what vetting and barring/risk assessment checks need to be applied to whom, and what other safeguarding checks you may need to be implemented. Your own notes:

47 The legislation (October 2009)
Module3: The Legislation A person who is barred from working with children or vulnerable adults will be breaking the law if they work or volunteer, or try to work or volunteer with those groups. An organisation which knowingly employs someone who is barred to work with those groups will also be breaking the law. If your organisation works with children or vulnerable adults and you dismiss a member of staff or a volunteer because they have harmed a child or vulnerable adult, or you would have done so if they had not left, you must tell the Independent Safeguarding Authority. Your own notes:

48 The VBS remodelling – February 2011
Recommendations to government: merging the CRB and ISA to provide a barring and criminal records checking service only those working closely and regularly with children and vulnerable adults will need checks portability of criminal records checks between jobs and ability to update status no requirement to register with the VBS and then be continuously monitored more stringent guidelines to employers on criminal records checks Visit the ISA website to see the full report – Facilitator notes: Key recommendations from the VBS Review include: - the merging of the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA) to form a streamlined new body providing a proportionate barring and criminal records checking service; - a large reduction of the number of positions requiring checks to just those working most closely and regularly with children and vulnerable adults; - portability of criminal records checks between jobs to cut down on needless bureaucracy; - an end to a requirement for those working or volunteering with vulnerable groups to register with the VBS; and - stopping employers who knowingly request criminal records checks on individuals who are not entitled to them.

49 Organisational planning: CRB checks and risk assessments
Module3: The Legislation Until the changes are implemented (over the next few years) organisations need to continue to use Criminal Records Bureau (CRB) checks, including checking barred status. Who can be CRB checked will be determined by individual staff, volunteers and contracted staff roles and their level of contact with learners. In other contexts it will be necessary to use a risk assessment process to determine what other safeguards could be applied Key points: Enhanced CRB check Fee payable (the fees have increased visit or Snap shot in time Updates available on re-application Job specific Not easily portable Reveals: all convictions, if barred, reasons for the bar, any local police information Enhanced checks are for posts involving a far greater degree of contact with children or vulnerable adults. In general, the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a Teacher, Scout or Guide leader. Enhanced checks are also issued for certain statutory purposes such as gaming and lottery licences. Enhanced checks contain the same information as Standard checks but with the addition of any locally held police force information considered relevant to the job role, by Chief Police Officer(s). References: Please note that the CRB have now launched a new e-guide located at Ofsted have also got guidance on CRB checks entitled Using existing Criminal Records Bureau (CRB) Your own notes:

50 The Bichard Report – recommendation 19
Module 3:The Legislation “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.” This led to the setting up of the Independent Safeguarding Authority Key points: This recommendation forms the basis of the role and function of the Independent Safeguarding Authority (ISA). Your notes:

51 What is the Independent Safeguarding Authority (ISA)?
Module 3: The Legislation Non-Departmental Public Body set up in response to The Bichard Report – Recommendation 19 The ISA will manage the ‘barred’ lists – these lists are of those who are unsuitable to work with children and vulnerable adults Key points: The work of the ISA is still evolving and therefore it will be essential that you frequently visit the website for developments. References: The ISA Your own notes:

52 Key features of the legislation
Module 3: The Legislation Linking information to inform the barred lists ISA referrals process ISA Decision Making process Recommendation is to abolish plans for: ISA Registration Free online checking Continuous monitoring and informing employers/associations of changes in individual employee / volunteer status Key points: It will be necessary for individual employers to ensure that those working with children and vulnerable groups are not barred. Employers are required to inform the ISA of any changes to an employee’s status. As the consultation of the recommendations of the VBS review is being undertaken it will be essential for organisations to keep checking the ISA website. References: The ISA Your own notes: 26

53 Staffing impacts Module 3: The Legislation Organisations need to have a clear policy relating to their vetting check requirements and these need to be communicated to all staff If an existing member of staff is barred, they must be moved from working with children and vulnerable groups immediately Unsubstantiated or malicious allegations won’t be enough to get a member of staff barred Individuals may make representations against being barred in most circumstances Your own notes: 36

54 In summary Module 3: The Legislation We owe it to all learners and staff to keep them as safe as we can It is not just good practice, but a requirement, to have effective policies and procedures in place Key points: Reflect on the session and give feedback on any observations or points of view. It is important to reaffirm the importance of their own responsibilities and commitment to safeguarding and safer recruitment. Your own notes:

55 Module 4: Development and support
Your own notes:

56 Information and support for learners and staff
Module 4: Development and Support It is important to note that all incidents must be reported and that some learners may need specific support linked to different issues It is important that organisations offer staff access to both practical and personal support around safeguarding issues Your handbook (reference Appendix 1) contains suggestions of organisations that can support vulnerable learners and young people and adults generally You may know of local support agencies as well Key points: In working through this workshop, the content may have aroused personal issues in your participants. In addition, if they do become involved in a safeguarding incident, this can also create issues for them. It is important that they have a clear understanding of where to access information and support. This is all included within (appendix 1a, b, c , d and e). Organisations may also add their own sources either as developed within their organisation or as part of a local service, e.g. Local Safeguarding Boards. The final support document is an audit tool. This has been adapted from the NIACE audit tool (Safer Practice Safer Learning) and is designed for organisations to use in order to review and then continually develop and improve their own approach to safeguarding and safer recruitment. Your own notes:

57 E-learning resource Module 4: Development and Support
Facilitators points: Following this workshop you might like to encourage participants to: • Access modules 1-4 of the e-learning resource to support what they have learnt during this workshop • Undertake the assessment found within the e-learning resource and if successful download a certificate The e-Learning resource is located on the LSIS Virtual Learning Environment (VLE) Web address . They will need to create their own user name and password. Click on the Safeguarding Resource to begin. There are two assessments you can undertake to receive the associated certificate Your own notes:

58 Assessment Module 4: Development and Support Available via the LSIS virtual learning environment (VLE) as part of the on line learning resource at Multiple choice 2 assessments: One covering modules 1 and 2 One covering all the modules Range of questions Testing understanding and knowledge Certificate if successful score achieved No feedback as assessment not quiz Key points: After completing this workshop and the e-learning, participants should be encouraged to complete the on line assessment. Upon successful completion, this will then be recorded and they will be able to download a certificate for each module. This will be an important record of their achievements and can be included as part of their own CV. It is going to become increasingly likely that knowledge of and experience relating to safeguarding and safer recruitment will feature as part of any future job applications. Your own notes:


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