Child Protection and Welfare policy

This document is in accordance with locally agreed procedures and is made available to parents on request. It complies with the DCSF Guidance "Safeguarding Children and Safer Recruitment in Education". A copy of which is available in the school office.

The Headteacher is the designated person and takes part in training by the Royal Borough of Windsor and Maidenhead every two years.

Child protection Training for all the staff takes place every three years.

The School undertakes to report to the Secretary of State, via the DCSF, within one month of leaving the school any person (whether employed, contracted, a volunteer or student) whose services are no longer used because he or she is considered unsuitable to work with children.

The School operates a safer recruitment policy and all staff and governors require Enhanced Disclosures from the CRB. The Headteacher and a senior member of staff complete the on-line course ‘Safer Recruitment'.

The School is not an investigation or intervention agency for child protection but it has an important role to play at the recognition or referral stages.

It is the responsibility of everyone involved with children to help protect them from abuse.

Child abuse can occur in many forms; physical abuse, sexual abuse, neglect or emotional abuse. It can happen to children at any age, and from any background. A child can be abused because parents or other adults act in ways which harm and damage children. Abuse can also occur because the children's carers fail to protect them or to meet their essential needs.

On every occasion that any member of school staff has reason to suspect that a pupil has suffered abuse the Headteacher, or SMT, must be informed at once.

The prime responsibility for the investigation of child abuse cases rests with the Social Services Department.

Where teachers and other staff see signs which cause them concern they should seek information from the child with tact and sympathy. They should not, however, ask the child leading questions as this can later be interpreted as putting ideas into the child's mind.

Lunchtime staff should mention their concerns to the Head or SMT and not discuss the matter with the child.

Taking Action:

inform Head or SMT about your concerns
make written notes about the circumstances
note any comments made by the child and/or parents or other persons caring for the child.

The school will report to the Independent Safeguarding Authority ISA , within one month of leaving the school any person ( whether employed , contracted, a volunteer or student ) whose service are no longer used because he or she is considered unsuitable to work with children: the ISA began operations on 20 January 2009 address for referrals PO BOX 181 Darlington DL1 9FA ( 0300 123 1111 )

INDICATORS OF THE POSSIBILITY THAT CHILDREN HAVE BEEN SUBJECT OF CHILD ABUSE

This list is indicative of child abuse, it is not exhaustive.

It should be remembered that child abuse may be caused by persons other than the parents, for example, a boyfriend, baby sitter or a jealous sibling. It is important to consider both the method of presentation by the parent of the injury and any delay in treatment. Sexual abuse may be presented in a more veiled manner as illustrated in the indicators.

PHYSICAL INJURY :

Bruises from adult human bites. Two black eyes without bruising to the forehead.

In juries to the face and mouth, particularly to the inside (Frenulum).

Severe physical punishment/wheals/cigarette type burns.

Burns and scalds (total buttocks, hands, feet).

Fractures, particularly in children under two years, excessive number of scars/evidence of old fractures.

NEGLECT :

What is the child missing?

Warmth? Shelter? Clean dry bedding? Sensory stimulation? Adequate diet?

Is it adequate? As opposed to:

Diarrhoea, poor medical care, inconsistent administration of medication/cold burns.

Lack of holding - both physical and psychological.

Baby worried and still.

EMOTIONAL ILL TREATMENT :

Child ignored, belittled, molested, verbal abuse.

Child lacking comfort/talking to/play/praise/meeting of needs.

Inappropriate response to cries/lack of pride in the child.

Inappropriate control/discipline.

Insecure attachment/role reversal.

Indiscrimination in child's response to carers/strangers.

Inappropriate Independence of child/assumption of responsibility.

SEXUAL ABUSE :

Injuries in the genital area/anus, discharge in the genital area/itching/bleeding.

Repeated urinary infections/sore throats.

Unusual sleeping arrangements/sleep disturbances.

Sexually provocative behaviour not in keeping with developmental age/inappropriate displays of affection/secrets.

FAILURE TO THRIVE :

Concern - height/weight/stick like arms and legs. Hair and skin tone poor.

Overly pink arms/legs/hands and feet swollen.

Expression of apathy/frozen watchfulness or unusually co-operative.

FURTHER CATEGORIES FOR CONSIDERATION

MUNCHAUSEN SYNDROME BY PROXY :

Parents, usually the mother, systematically provide fictitious information about their child's symptoms and tamper with investigations so that the child is submitted to innumerable investigations, anaesthetics and medical intervention to the extent of causing genuine illness and permanent handicap or even death.

REMINDER :

Sexual abuse.

The definition includes

Incest - Sexual intercourse with children in other relationships not covered by current incest legislation, including adopted children and step children.

Other forms of sexual activity including fondling, mutual masturbation, and involving children in pornographic activities.

ADDITIONAL RISK/STRESS FACTORS IN BABY/CHILD OR ADULT WHICH COULD LAD TO ABUSE

ADULT

A previous incident of child abuse to the child or a sibling. Parent/Carer had been abused as child.

Unwanted pregnancy and/or rejected child in the family. Difficult pregnancy, prolonged labour/caesarean section. Planned pregnancy but perceived 'reward' disappointing. Any situation which interferes with bonding in the first weeks of life.

Social stress - unemployment, financial difficulties, inadequate housing and homelessness, the effect of living in high rise flats.

Marital stress - young immature parents, isolation from the extended family, step-parent.

Alcohol drug abuse.

Age of mother - particularly very young mothers.

Poor health of mother/father.

Perception of child not rewarding.

CHILD

Excessive crying or is thought to cry a lot.

Hyperactivity/passivity.

Handicapped child.

Serious feeding problems/sleep problems.

Separation of mother and baby in neo-natal period for significant length of time.

Failure of bonding.

REMINDER : MONGOLIAN BLUE SPOTS

These are not to be confused with physical abuse.

These are typical child grey/blue pigmented areas over the lower back, trunk and limbs, which may be extensive. They closely resemble bruising in infants of mixed racial origin, there is no over-lying skin damage or palpable swelling. They remain essentially unchanged in the first year of life but progressively disappear in childhood.

INVESTIGATING ALLEGATIONS

Investigation

When an allegation is made by a child questioning must be kept to minimum. Questions should be limited to What happened Where and when? Leading questions must be avoided. It is not the school's job to thoroughly investigate an incident. It would be all too easy to distort the evidence by putting our words into the child's account of the incident

It is important that a promise of confidentiality is not made before a disclosure. A teacher should say when a child asks if she can tell something in confidence

"it depends what you are going to tell me. Some things can be kept in confidence but other things might be so important that I will have to tell others for your sake."

Notes of the conversation should be made as soon as possible and the Head Teacher informed immediately

It is not the job of the school to thoroughly investigate the incident

If an injury is reported the child must be seen as soon as possible and at least on the same day, wherever he or she may be, by someone competent to access the situation and if necessary secure the child's safety.

The Social Services Department will investigate the referral. This will include contacting the other agencies involved, liaising with the police, seeing the child and parents or other carers, if appropriate arranging for the child to be medically examined and taking action to safeguard the child.

If, as a result of the investigation, it is substantiated that the child has been abused, a case conference will be convened. The investigating social worker will contact the school to gain more information, and if necessary a representative will be invited to attend the case conference.

The parent or carer must be informed of the allegations being made about them or their spouse/partner.

In cases where immediate medical treatment is necessary and the child's parent is not available the pupil will be referred to hospital and a letter giving the reason for referral will be taken by the person escorting the child.

POINTS TO REMEMBER

REMEMBER to put the child first. Whatever the rights and wrongs of the situation, the safety and well being of the child are of paramount importance.

REMEMBER that you are in an excellent position to observe changes in the physical and mental well being of the children. Changes in behaviour, unexplained absences, attitudes of parents, family difficulties etc., are often the first signs of a potentially abusive situation.

REMEMBER that the more honestly you can deal with parents at the beginning, the more chance that helpful work can be done with the whole family later.

REMEMBER that a parent may want to talk to someone about what is going wrong. Just because a parent may not be caring for their child properly, it does not mean that they are not capable of operating adequately in other ways.

REMEMBER that in most circumstances, a parent must give consent to any medical treatment of their child. However a doctor can treat a child to save his or her life or to prevent suffering or serious harm. A doctor can also look at a child to see if any abuse has occurred.

REMEMBER that you have no right to hold a child against a parent's wishes, nor has a social worker the right of entry to a home. A warrant from a magistrate has to be obtained.

REMEMBER that an investigation can be as abusive to the child as the original abuse. Therefore the focus will be on minimising the effects by having only one medical examination (if possible) and joint interviews with the police.

FINALLY, REMEMBER that the child should be believed until shown otherwise.

If a child makes an allegation that is considered to be a potential criminal act, or indicates that s/he has suffered, is suffering or is likely to suffer significant harm, then there will be an immediate referral in accordance with the local child protection procedures established by the ACPC. If there is any doubt of these matters, then guidance/clarification can be sought from the LA Lead officer.

There will be instances where allegations made do not require referral under local child protection procedures detailed above. The LA Lead officer should be consulted if there are any doubts. Those instances are as follows:

Investigating Complaints against a member of Staff

Where an allegation (anonymous or otherwise) is made against a member of staff, there should be urgent consultation by the head teacher with the LA Lead officer as to how to take the matter forward. Where the allegation is against the head teacher, this consultation will be between the nominated governor and LA Lead officer.

If a child makes an allegation that is considered to be a potential criminal act, or indicates that s/he has suffered, is suffering or is likely to suffer significant harm, then there will be an immediate referral in accordance with the local child protection procedures. If there is any doubt of these matters, then guidance/clarification can be sought from the LA Lead officer.

(i) Where the allegation relates to the use of reasonable force to restrain a pupil, in accordance with s.550A of the Education Act 1996 and DCSF Circular 10/98 it will be appropriate for the head teacher to deal with the matter at school level. An allegation of assault beyond the use of reasonable force would however need to be dealt with in accordance with the local child protection procedures.

(ii) Where following initial consideration it is absolutely clear to the LA Lead officer and the head teacher (or where the allegation involved the head teacher, the nominated governor) that the allegation is demonstrably false by virtue of the fact that the immediate circumstances of the allegation show that it would not be possible for the allegation to be true, then again the matter can be dealt with at school level. However, in these circumstances, it should be borne in mind that if a child has made an obviously false allegation, this may well be a strong indicator of abuse elsewhere which requires further exploration. The best way for this to be achieved is through an inter-agency referral in order that any underlying causes can be teased out.

(iii) The allegation may represent inappropriate behaviour or poor practice by a member of staff which needs to be considered under disciplinary procedures.

Therefore, when such allegations are made, there are four possible outcomes of the initial assessment:

1. Where the pupil has suffered, is suffering, or is likely to suffer significant harm, there should be an immediate referral;

2. Where the child has alleged that a criminal offence has been committed, then again this will be referred under local child protection procedures and the police may carry out a criminal investigation;

3. The allegation may represent inappropriate behaviour or poor practice by a member of staff (which does not fall within the above categories) that needs to be considered under local disciplinary procedures; and

4. That the allegation is apparently without foundation.

The Referral Process

The immediate priority must be to determine whether a child has suffered or is at risk of significant harm and/or in need of protection. If this appears to be the case there should be an immediate referral to local child protection agencies in accordance with the agreed procedures. The responsibility for that lies with the LA Lead officer.

Where allegations of abuse are referred to the Social Service Department or the police, subsequent action will be in accordance with the local child protection procedures. Early action to establish the nature of the allegation and consideration of whether it should be investigated should be undertaken in such a way that it does not prejudice any subsequent action. There must be no interference with evidence e.g. education staff or governors should not attempt to interview children about these matters.

In cases where it is not immediately obvious that the child has suffered significant harm it is still important to act quickly. It is also important to recognise that establishing whether an allegation warrants further investigation is not the same thing as deciding whether an allegation is well founded. A head teacher (or nominated governor where the allegation is against the head teacher) should not investigate the allegation, or interview pupils, or discuss the allegation with the member of staff, but should consider, in consultation with the LA Lead officer, whether the allegation requires further investigation and if so, by whom.

Only if the allegation is trivial or demonstrably false, will further investigations not be warranted.

Where the initial assessment by the LA Lead officer and the head teacher (or, where the allegation is against the head teacher, the nominated governor) concludes that the allegation warrants investigation, there will be either:

1. a referral to one or more of the agencies with statutory responsibilities to make enquiries; or

2. where wholly satisfied that the child or children is/are not at risk of significant harm or that a potential crime has not been committed, an investigation under the school's disciplinary procedures.

ENQUIRIES AND INVESTIGATIONS

There are three possible types of investigation:

(a) enquiries by social services under local child protection procedures;

(b) related police investigations into possible criminal offences; and

Any disciplinary process should be clearly separated from child protection enquiries and criminal investigations. Whilst the disciplinary process may be informed by child protection enquiries and criminal investigations, and in some circumstances the child protection agencies might decide to make a recommendation about suspension or other protective action as a result of the strategy discussion, the child protection and criminal processes have different objectives from the disciplinary procedure and they should not be confused.

Decisions as to suspensions and/or disciplinary action are for the head teacher/governing body.

Any investigation by the police or child protection agencies will take priority over an internal disciplinary investigation by the school. An internal investigation related to the same or similar allegations running alongside a criminal investigation or child protection enquiry is not likely to be good practice and should be held in abeyance pending the completion of the external enquiries and investigation. In any event, the decision as to whether to initiate an internal investigation will be more fully informed by information about the outcome of the child protection enquiries and any criminal investigation.

Staff who are the subject of allegations should be advised to contact their trade union.

POLICE INVOLVEMENT

In some cases the police might wish to interview the member of staff against whom the allegation is made before any approach is made by the head teacher (designated teacher or nominated governor in cases where allegations involve the head teacher). The police may act independently particularly where the alleged offence does not arise from the individual's professional duties in the school. Police officers should be given every assistance with their enquiries but confidentiality about the enquiries should be maintained in the individual's interests.

When the police are involved, it would not normally be expected that police interviews would be undertaken on school premises and it would be expected that appointments would normally be made at reasonable times.

NOTIFICATION OF INTERESTED PARTIES

The police (or a view taken at the strategy discussion stage) may decide that the investigation would be hindered by an approach to parties at an early stage. The head teacher in consultation with the LA Lead officer, must ensure there is no objection by the police before contacting any parties. Subject to there being no objection, the head teacher (or nominated governor in cases involving allegations against the head teacher) should:

inform the child, children or parent making the allegation and explain the likely course of action;

(b) ensure the parents of the child who is the alleged victim have been informed of the fact of the allegation and of the likely course of action;

(d) inform the chair of governors/nominated governor of the school.

Where the police object to the action outlined in a-d above, the head teacher/nominated governor and the LA Lead officer should be informed accordingly and arrangements made to keep him/her informed as to when these notifications may take place or have taken place.

A written record of the action taken under this section should be made by the head teacher (or nominated governor).

Unfounded Allegations

Where the allegation is demonstrably false, then the head teacher (or, where the allegation involves the head teacher, the nominated governor) should in consultation with the LA Lead officer and designated teacher:

(a) take account of the fact that if a child has made an obviously false allegation of abuse, this may well be strong indicator of problems of, abuse elsewhere which require further exploration. The best way for this to be achieved is through an inter-agency referral in order that any underlying causes can be teased out;

(b) inform the member of staff orally and in writing of the allegation and the fact that no further action is to be taken under disciplinary or child protection procedures. The member of staff may be accompanied by a trade union representative or friend;

(c) consider whether counselling and/or informal professional advice to the member of staff is appropriate and the form which either of these might take;

(d) inform the parents of the child or children of the allegation and the outcome in writing;

(e) consider appropriate counselling and support for the child or children who made the allegation(s) and, where appropriate, their parents; in particular, consider what follow up action should be taken in regard to a person or child who has made an allegation that is shown to be false or unfounded, especially if it is shown to have been made maliciously; where the allegation has been made by a person other than the alleged child victim themselves, consideration should be given to informing the parents and child of the fact of the unfounded allegation and providing support as necessary; and

(f) prepare a report, giving reasons for the conclusion that the allegation is without foundation.

Considering whether suspension is appropriate

The provisions for any suspension of school-based staff are set out in Sections 35 & 36 & Schedule 2 of the Education Act 2002. Decisions on suspensions are taken by head teachers or the governing body (action by the chair in relation to the head teacher must be notified to the full governing body). In cases where the nominated governor is not the chair of governors, the chair of governors will need to be involved in any suspension of a head teacher.

Staff against whom an allegation is made should not automatically be suspended. In the case of an immediate referral to the child protection agencies immediate suspension is more likely to be appropriate. In the case where immediate referral is accompanied by consideration of disciplinary procedures, suspension may or may not be appropriate. In the case of unfounded allegations, suspension is unlikely. The head teacher or nominated governor should consult with the LA LAd officer and consider any recommendation which may be made by the child protection agency as a result of the strategy discussion before a decision to suspend is taken.

Suspension may be considered at any stage of an investigation. Suspension is a neutral act, not a disciplinary sanction, and will be on full pay. Paid leave of absence, mutual agreement to refrain from work, alternative duties/locations or removal from contact with pupil may also be used as an alternative to suspension.

Suspension should not be undertaken without good reason. Circumstances in which suspension properly occurs include:

(a) where a child or children is/are at risk;

(b) where the allegations are so serious that dismissal for gross misconduct is possible; and

In all cases where suspension is being considered, the head teacher or nominated governor should advise the individual to seek assistance from his or her trade union.

Suspension Interview

Where suspension is being considered, an interview should be arranged. Normally, the interview should be undertaken outside pupil contact time. The head teacher (or, in cases where the allegation is against the head teacher, the nominated governor) should consult with and seek advice from the LA Lead officer.

Where the police are involved in a criminal investigation, any interview arranged, where suspension is considered, should not be conducted without prior consultation with the officer in charge of the case. Where there is no police involvement, an interview should be arranged in accordance with the following procedures.

When called to an interview where suspension is a possible outcome the member of staff should be advised to seek the advice and assistance of his or her trade union. A person who is not a member of a trade union may be assisted by a friend. He/she, where accompanied, should be offered the opportunity of a brief meeting with the representative or friend before the interview.

The member of staff should be informed at the outset of the interview that an allegation has been made and that, at the conclusion of the interview, suspension might occur. It should be made clear, however, that the interview is not a formal disciplinary hearing but is for the purpose of raising a serious matter which may lead to suspension and further investigation.

The member of staff should be given as much information, including reasons for any proposed suspension, as is consistent with not interfering with an investigation about the allegation.

This meeting is not concerned with examination of the evidence but is an opportunity for the member of staff to make representations concerning any possible suspension.

The member of staff should be given an opportunity to make such representations after the information has been given and the reasons for any proposed suspension made out. A brief adjournment should be offered to the member of staff prior to a response.

If, as a result of the interview, it is considered by the head teacher/chair of governors that suspension is necessary along with a full investigation of the allegation, the individual should be advised that he or she is suspended from duty.

Written confirmation of the suspension should be sent within one working day, giving reasons for the suspension.

Action after a Decision to Suspend pending Investigation

Where a member of staff has been suspended, the chair of governors and Chief Education officer should be informed of the suspension formally, in writing. Where the head teacher is suspended the chair of governors should inform the Chief Education officer. In all cases a report should be made to the governing body that a member of staff has been suspended pending investigation. It is inadvisable to provide more than the minimum information necessary to the governing body, as more than this would prejudice governors' impartiality in any subsequent hearing or appeal in disciplinary proceedings. Where the head teacher has been suspended, the implications for the management of the school will need to be considered including the arrangements for an Acting Head teacher.

The pupil or parent making the allegation should be confidentially informed of the suspension. Where the pupil is under 18, his or her parents should normally be informed, in confidence in so far as to do so is consistent with wider child protection considerations.

Senior teachers in the school who need to know of the reason for the suspension should be informed so far as is necessary in the particular circumstances. The head teacher/acting head teacher should take a decision on informing other staff colleagues in the school of the suspension.

The head teacher/acting head teacher should discuss with the nominated governor the extent to which it is necessary to make a statement to parents of children in the school, having considered the need to avoid unwelcome publicity.

In certain circumstances, it may be necessary for the head teacher (acting head teacher in consultation with the nominated governor) to provide immediate reassurance to parents and children in the school and there may be a need for information to continue to be provided during the course of an investigation to parents, children and other colleagues.

Appropriate guidance should be sought from the LA Lead officer or, where relevant and appropriate, from social services or the police.

The head teacher/acting head teacher in consultation with the nominated governor should consider carefully, and keep under review, decisions as to who is informed of the suspension and investigation and to what extent confidentiality can or should be maintained, according to the circumstances of a particular case. In a situation where a matter becomes common knowledge or the subject of general gossip, it may be desirable to provide an accurate statement for public information. Advice should be taken from the LA Lead officer on this matter as necessary.

SUPPORT FOR STAFF DURING SUSPENSION

The suspended member of staff should be given the name of an LA officer as an information contact. The main role of the contact person is to provide information as to the progress of the investigation. Social contact with colleagues and friends at the school should not be precluded except where it is likely to be prejudicial to child protection enquiries, criminal investigations or disciplinary processes.

Although it is the aim that all investigations should be conducted as speedily as possible consistent with establishing the full facts, arrangements should be made for the individual, or his or her representative, to be contacted regularly with information on progress and developments on the case. These arrangements should not preclude him/her, or his or her representative, contacting those conducting the investigation at any time.

According to the needs and wishes of the member of staff to be kept informed, a colleague contact should also be in a position to provide information about developments at the school in general.

In some cases, it may be appropriate to ask whether welfare counselling or the support of the LA's medical adviser would be helpful, or to respond to a request for such further support.

Support for Others

Support will be needed for the child or children making the allegations and their parents. Consideration should be given to the form such support should take. Consideration should also be given to what support may be needed for others at the school, both staff and pupils, according to the circumstances of the alleged abuse.

Action where the Decision is not to Suspend

The head teacher/nominated governor (in cases where the allegation is against the head teacher) should explain the circumstances which led to consideration of suspension and further explain any follow-up action which it is proposed to take. The member of staff may be accompanied by a trade union representative or friend. According to the circumstances of the case, appropriate assistance or advice may be offered. The head teacher/nominated governor should seek to establish what support, if any, is required and, where appropriate and acceptable to the member of staff should seek advice from the LA Lead officer. According to circumstances, appropriate counselling services should be considered.

If a member of staff has not been suspended but there are concerns about aspects of his/her conduct, a full investigation should be undertaken before making a decision about further action under disciplinary procedures.

OUTCOME OF DISCIPLINARY INVESTIGATION

At the end of the investigation, a meeting should be arranged to inform the member of staff of the next steps. He/she may be accompanied or represented by a trade union representative or friend.

If the outcome is a disciplinary charge, further action will be in accordance with the school's disciplinary procedures and will happen after child protection enquiries.

If the individual has been suspended and it is later decided not to proceed with any form of disciplinary action or to dismiss, the suspension should be lifted immediately. The head teacher/nominated governors should meet the member of staff to discuss the arrangements for their return to work.

Other than in the event of dismissal, the school should provide the opportunity for informal counselling. This could be used to give appropriate guidance, support and reassurance and help, where necessary, to rebuild confidence. There may also be a need for specific guidance and sympathetic consideration may need to be given to other employment options, in consultation with the local education authority.

On the conclusion of any investigation and any related disciplinary proceedings, the child or children who made the allegations and their parents should be informed of the outcome of the proceedings. This should be prior to the person's return to school if he or she has been suspended. In some circumstances, consideration should be given to the broader disclosure of details of the outcome, together with reasons, for example, where the issues are of general importance, have become common knowledge or have been the subject of general gossip and there is a need to provide accurate details for public information. The authority's public relations department may be able to offer appropriate advice.

Appropriate counselling and support should be offered to the child or children who made the allegations and, where appropriate, their parents, by the time the member of staff returns to school. In particular, this should take into account a child's particular needs where a false or malicious allegation has been made.

RECORDS

Documents relating to an investigation must be retained, in a secure place by the school, together with a written record of the outcome of the investigation and, where disciplinary action has been taken, retained on the member of staff's personal and confidential file in accordance with the school's disciplinary procedures.

If the member of staff is dismissed, or resigns before a disciplinary process is completed, he/she should be informed about the employer's statutory duty to report the case to the Department for

Education and Skills Teachers' Misconduct Section, for consideration for their debarring from further employment.

Where a pupil has made an allegation, a copy of the statement or the record made of it should be kept on the section of a pupil's personal file which is not open to disclosure, together with a written record of the outcome of the investigation. If there are related criminal or civil proceedings, records may be subject to disclosure; and, therefore, no assurances can be given of confidentiality.

April 2009

To be reviewed in April: 2010