1. e-Safety and the Law: How to Safeguard Your Learners 23 March 2010 Safeguarding Conference RSC Northern

2. 2 Hello! Jackie Milne JISC Legal Service jackie.milne@jisclegal.ac.uk 0141 548 4939 www.jisclegal.ac.uk

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4. 4 Safeguarding for Colleges Wider than child protection More than safe recruitment “It means having a culture of vigilance where all staff know their responsibilities...and all learners are aware of what they can expect and what to do if they have concerns.” ‘Safer Recruitment and Safeguarding Learners in the FE sector’ workshop handbook 2009

5. Background and Ofsted Self Evaluation ‘If a provider is judged inadequate for safeguarding, then it is most likely that they will be judged inadequate for overall effectiveness.’ Ofsted “Children and young people need to be empowered to keep themselves safe...” Dr Tanya Byron Safer children in a digital world: The report of the Byron Review 5

6. 6 Managing Risk RIGHT TO BE, FEEL SAFE FREE from victimisation and discrimination DUTY OF CARE: take all reasonable steps to ensure ‘safety’ (behaviours and systems)

7. 7 Some Legal Issues… Sexual Offences Obscene publications Cyberbullying (Houghton) Harassment Defamation Data Protection & Privacy

8. Scenarios What is the issue? Discussion of scenario Responses

9. e-Safety Policy Consultation (learners, staff, parents) Scope (parties, technologies, responsibilities) Link with other policies, context (AUP, child protection, anti-bullying, e-security) Clear guidance on minimising risk (technical measures, policy, procedures, education) Incident recording procedure (grid, flow chart) Inclusion in curriculum and training Partnerships, agencies, support 9

10. Dealing with incidents Clear guidelines on appropriate response (immediate, proportionate, to whom, follow up) Accidental/deliberate Inappropriate/illegal (internal, external involvement) Response appropriate to incident Investigation (AUP, no surprises) Sanctions (AUP, disciplinary procedure) All incidents and actions recorded Joined up response, support 10

11. Conclusions Whole college community approach (safe and/or responsible) Think ahead – responsibilities, advice, support Senior management responsible for safeguarding and leading Formulate an action plan (audit) Ensure AUP is up to date: reporting and incident response procedures, agreement Ensure all staff and learners know policy content Embed safeguarding - link policies with e safety, MANAGE risk Monitor use of safe network (transparent) Raise awareness – education, training (audit), publicity with parents Review/update procedures (offsite learning) Measure IMPACT and assess EFFECTIVENESS 11

12. 12 Your questions and comments www.jisclegal.ac.uk info@jisclegal.ac.uk