Best practice in education Independent Schools and Safeguarding complying with ISI inspection standards John Deakin, Partner Lawyers & Parliamentary Agents
Safeguarding - Legal Framework S157 Education Act 2002 The Education (Independent Schools Standards) (England) Regulations 2010 - revoked and replaced the 2003 amended regulations (in force from 1 September 2010) National Minimum Standards for Boarding Schools; revised September 2011 The Safeguarding Vulnerable Groups Act 2006 Protection of Freedoms Bill
Statutory Guidance Both regulations and NMS require schools to have regard to Safeguarding Children and Safer Recruitment in Education DfES/04217/2006 (2007) 2007 version is still in force but Chapter 5 on Handling allegations of abuse against teachers and other staff has been replaced by separate guidance issued in July 2011 Further revisions are expected when Protection of Freedoms comes into force
Further guidance Working Together to Safeguard Children (2010 edition)- multi-agency procedures What to do if You re Worried a Child is Being Abused (2006 edition) practical guidance for professionals working with children
Best Practice Ofsted report Safeguarding in Schools: best practice describes key features of outstanding practice High quality leadership and management Stringent vetting procedures Rigorous policies and procedures updated regularly that are accessible to staff, parents and pupils High priority given to training
Best Practice continued Robust site security Curriculum used to promote safeguarding, teaching pupils how to stay safe Courteous and responsible behaviour by pupils Risk assessment taken seriously and used to good effect in promoting safety
Common weaknesses Ofsted report also highlighted common weaknesses: Failure to maintain single central record Insufficient child protection training Key risk assessments not completed Failure by governing body to monitor and review policies to protect children
The Proprietor s legal duties The Proprietor s legal duties are to: ensure appropriate arrangements are in place to meet the required standards develop appropriate policies and procedures and ensure implementation ensure school operates safer recruitment procedures must remedy without delay any weaknesses/deficiencies in child protection arrangements review and evaluate the policies and procedures at least once a year can be led by a nominated governor DUTIES can be delegated, but not the responsibility.
Consequences Consequences of not fulfilling the legal duties: safeguarding in inspections non-compliance could lead to inspection failure removal from the register and closure reputational risk children suffer preventable abuse
Recruitment matters Safer recruitment procedures must be operated: Single Central Register of pre-employment checks. Schools are still getting this wrong and inspectors will be critical of any deficiencies Safer Recruitment covers procedure from start to finish, not just CRB checks Regulations which make CWDC training mandatory for interview panel members do not apply to independent schools but the training is recommended as part of having regard to the guidance
The Child Protection Policy Key Elements Defining the duties of employees, staff and volunteers: to protect children from abuse to be aware of the child protection procedures and know when to follow them to know how to access and implement the procedures, independently if necessary to keep sufficient record of any complaint, conversations or events to report any matters of concern to the Designated Person or their deputy
The Child Protection Policy Key Elements Report matters of concern to the Designated Person or their Deputy The Designated Person decides whether to implement interagency procedures borderline cases should be discussed with the LADO Concerns about the Designated Person or any staff and volunteers must be reported to the Head Concerns about the Head must be reported to the Chair of Governors Where concerns are reported to the Head or Chair of Governors the Designated Person should usually also be contacted by the Head/Chair of Governors
The Child Protection Policy Key Elements Whistle blowing: this is no longer a specific requirement of the NMS although it is mentioned in the guidance. all staff are required to report to the Head, or in the Head s absence the Chair of Governors, any concern or allegations about behaviour of colleagues or practices which are likely to put pupils at risk of abuse or other serious harm No retribution against the reporter
The Role of the Designated Person The Designated Person will monitor the operation of the child protection policy and its procedures and make an annual report to the Governors. Any deficiencies must be remedied without delay The seniority of the Designated Person The Governors should undertake an annual review of the child protection policy, sign and publish the policy on the website
The Decision to Refer The local inter-agency procedures must be followed If sufficient concern the child is at risk of significant harm, referral must be made without delay (within 24 hours) Telephone referral must be followed up in writing If any doubt as to whether a referral to social services should be made, LADO must be consulted LADO must be consulted where there is an allegation against a member of staff or a pupil Incidents should not be investigated by the school
Allegations against staff New guidance confirms previous procedures, highlighting need to resolve allegations quickly Suspension is a last resort Records should normally be kept on personnel file for ten years or until retirement But allegations found to be malicious should be removed from personnel records Unsubstantiated, unfounded or malicious allegations should not be referred to in references
Allegations against staff continued School may contact police re malicious allegations if reason to believe a criminal offence has been committed e.g. harassment, criminal libel Pupils who have made malicious allegations should be subject to disciplinary sanctions Parent Contract should provide for action where parents have made malicious allegations on grounds that they have treated the school or its staff unreasonably
ISA and Vetting & Barring Scheme Bichard Inquiry commissioned following murders of Jessica Chapman and Holly Wells in 2002 Inquiry led to the Vetting and Barring Scheme The ISA s role is to make barring decisions and maintain the Barred Lists The ISA fulfils the role that was previously fulfilled by the Secretary of State Offence to employ someone who is barred
Proposals for new Vetting and Barring Scheme Registration under the new VBS was halted June 2010 the coalition government undertook a review of the entire scheme Registration with VBS has been scrapped ISA will be merged with CRB Barring will remain but definition of regulated authority is to be restricted meaning fewer people will be barred Someone barred from e.g. teaching will not be barred from supervised voluntary work with children CRB checks will become portable and will be updated if employer subscribes to premium service Current requirements for recruitment checks remain until new legislation comes into force (expected to be 2012)
When to refer to the ISA Make a referral when: the school withdraws permission for an individual to engage in regulated activity, or would have done so had that individual not resigned, retired, been made redundant or been transferred to a position which is not regulated activity
When to refer to the ISA Because it is thought that the individual has: - engaged in relevant conduct - satisfied the Harm Test; or - received a caution or conviction for a relevant offence
Annual Review of Child Protection policy Questions for Discussion Consider: would a nominated Governor for safeguarding be helpful? scrutiny of the Designated Officer s annual report; the number of safeguarding incidents in the School; are staff reporting incidents to the Designated Officer? have ALL staff received appropriate training? are temporary and voluntary staff aware of arrangements?
Reviewing Procedures and Questions for Discussion Consider: have referrals to Social Services, Police and the ISA been made where applicable? are the policies and procedures in the school effective? are students receiving appropriate information in PSHE? how does the school deal with allegations of historic abuse and anonymous complaints? Is the Single Central Register complete and up to date?
John Deakin, Partner jdeakin@vwv.co.uk 0117 3145335 Lawyers & Parliamentary Agents