St. Nicholas House Preparatory School and Kindergarten - North Walsham, Norfolk

ST. NICHOLAS HOUSE SCHOOL

PASTORAL CARE

CO-ORDINATOR: MR. C. WARDLE
DESIGNATED SM: MRS. J. PRITCHARD

CHILD PROTECTION POLICY

SOCIAL SERVICES: 0844 800 8014

SECTION 1 SETTING THE SCENE

Abuse of children can initially be spotted by parents, nursery nurses, youth workers, teachers, peripatetic teachers, volunteer helpers, lunchtime supervisors, Educational Psychologists, Educational Welfare Officers, non teaching staff, etc. The purpose of this policy is to inform those who work closely with children and their families as to the most common signs of child abuse and to prescribe the procedures that must be followed to protect the child.

Child abuse manifests itself in a wide variety of ways, e.g. physical, emotional, sexual or severe neglect. Abuse of all kinds occurs right across the social spectrum. Child sexual abuse in particular has been shown to occur in families at all levels of socio-economic status, and in families with high overt degrees of conformity to codes of sexual respectability.

Although the signs of child abuse are well documented many of the symptoms taken in isolation can occur in situations where no child abuse is occurring, will occur or has ever occurred. Many of these signs may also be indications of other medical, social or psychological problems or simply normal child development. Staff therefore need to be careful and thoughtful in ascertaining whether abuse is suspected. The large number of signs and symptoms described in this policy need to be considered in the light of normal child development, e.g.

• Temper tantrums are to be expected from a two year old but may be a sign of serious distress in a child of 10
• An interest in sexual topics and members of the opposite sex is to be expected in a youngster of 15 but in a 7 year old, such behaviour may well be a cause for concern.

Considering that child protection procedures apply to all children below the age of 18, the Headteacher/Designated SM and staff must decide if they have reasonable grounds for suspecting that child abuse is taking place. If they have reasonable grounds then they must act immediately. It is safer to act or to discuss with other agencies than to delay

Many agencies and support services are able to help identify and assess pupils’ needs and to provide support for those pupils. Co-operation between the School, the LEA, the health services, Children’s services and other agencies is vital for the most effective assessment, intervention and deployment of resources for children to be secured. Indeed, the Children Act 1989 and the Education Act 1993 and Working together to Safeguard Children 2006 and Children Act 2004 place statutory duties on these agencies to co-operate.

Such agencies and support services include a wide variety of specialist teachers and other professionals. Immediate contact and close liaison between agencies such as the Children’s Services Department, Local Constabulary, Local Health Authority and NSPCC is essential in cases of child abuse. All agencies must understand that in child protection cases they are not only required to carry out their own agency functions, but are also making a vital contribution to advising and assisting the local authority to discharge its statutory child protection/child care duties. Each establishment must have a ‘Designated Senior Member of Staff who is responsible for Child Protection issues – this will normally be the Headteacher/Principal in a school, Principal/Head of Centre in F.E. or Youth Service. For clarity the term Headteacher/Designated SM (Senior Manager) will be used throughout the test of this policy when deemed appropriate. The Headteacher/Designated SM should ensure that all staff (teaching and support staff) are familiar with the contents of this Child Protection Policy, and that all staff sign a record to confirm that they have received and read the document. The signed record must be updated termly so as to include all new staff. This Child Protection Policy and the integral process of notification forms an important part of the induction programme for all staff.

Recent legislation regarding the identification of convicted ‘child sex offenders’ states that their residence address and identity will be released to Headteachers on a ‘need to know’ basis. If a Headteacher is informed that a ‘child sex offender’ is in the locality of the School, it is not for the Headteacher to decide upon whether or not parents can be informed – this is the decision of the police. In the situation where a Headteacher is aware that a ‘child sex offender’ is in the vicinity of the School, but no authorisation has been given to inform parents, then that Headteacher may be well advised to make ‘awareness of strangers’ and ‘personal safety’ a high profile topic in the current assembly programme.

SECTION 2 AIMS AND OBJECTIVES

Aims

1 The School aims to provide pupils with relevant information, skills and attitudes to help them to resist abuse and prepare for the responsibilities of adult life including home and family. Together with these skills we hope that pupils will feel confident they can confide in staff on issues of neglect, abuse and deprivation.

2 To allow staff to be familiar and confident with the appropriate child protection procedures and issues. This policy is intended to give clear guidance to all staff, teaching and non teaching on:

the signs that may indicate the possibility of abuse
the procedures to follow if a child discloses abuse or a member of staff suspects abuse.

3 To work with parents to build an understanding of the School’s responsibility to ensure the welfare of all children and a recognition that this may occasionally required cases to be referred to other investigative agencies as a constructive and helpful measure.

4 To monitor children who have been identified as ‘at risk’

5 To contribute to an inter-agency approach to child protection by developing effective and supportive liaison with other agencies and schools – thereby contributing towards a more effective detection of the incidence of child abuse.

6 To review the School procedures and improve the way child protection issues are managed.

Objectives

These objectives relate directly to the six aims of this Child Protection Policy at St. Nicholas House School and are intended to show how the aims are actually put into practice.

The skills will be delivered through the Curriculum
We try to create an environment and ethos in which children feel secure, their viewpoints are valued, they are encouraged to talk and they are listened to
We provide suitable support and guidance so that pupils have a range of appropriate adults whom they feel confident to approach if they are in difficulties
We use the Curriculum to raise pupils’ awareness and build confidence so that pupils have a range of contacts and strategies to ensure their own protection and understand the importance of protecting others.
Staff treat the children with respect and all pupils are expected to treat each other and staff with respect.
We look carefully at the role models the School offers pupils through staffing, materials used, selection of curricular content and other experience.
We try to impress upon pupils the importance of rejecting violence as means of resolving conflict.
We regularly review and evaluate our school policies and practices of social control and behaviour modification.
We give pupils opportunities to understand, and strategies for coping with stress
We give all pupils the opportunities to learn about child development and good parenting.
We include, in the Curriculum information on personal safety.

We will provide child protection training regularly to school staff and in particular to designated teachers to ensure that their skills and expertise are up to date. Training will focus on the recognition of the symptoms of child abuse, the procedures and case studies. All staff will undergo some initial training in child protection during the induction programme for new teachers.
Each member of staff is given a complete copy of this policy in their staff handbook.
Each teacher must acknowledge they have read the policy in its entirety and that they accept their duty.
• To be familiar with this policy
• To implement this policy and to co-operate with the School management in promoting ‘Child Protection”

3. We keep records in a secure location, clear records of pupils’ progress, maintaining sound policies on confidentiality, providing information to other professionals, submitting reports to case conferences and attending case conferences.

4. We employ systems that enable the transition process to include child protection procedures.

5. If necessary a case review is conducted annually.

SECTION 3 TYPES OF CHILD ABUSE AND THEIR SYMPTOMS

Child abuse can be categorized into four distinct types i.e.

1. Physical Abuse
2. Sexual Abuse
3. Emotional Abuse
4. Neglect

These different types of abuse required difference approaches. A child suffering from physical abuse may be in immediate and serious danger. Action should therefore, be taken immediately. With other forms of abuse there is a need to ensure that adequate information is gathered. There is also a need to make sure that grounds for suspicion have been adequately investigated and recorded. The need to collate information must be balanced against the need for urgent action. If there are reasonable grounds for suspicion then a decision to monitor the situation should only be taken after consultation. A situation that should cause particular concern is that of a child who fails to thrive without any obvious reason. In such a situation a medical investigation will be required to consider the causes. Each of the five categories will now be explored in more detail.

l. Physical Abuse
This involves physical injury to a child, including deliberate poisoning, where there is definite knowledge or a reasonable suspicion, that the injury was inflicted or knowingly not prevented. Typical signs of Physical Abuse are:

Bruises and abrasions – especially about the face, head, genitals or other parts of the body where they would not be expected to occur given the age of the child. Some types of bruising are particularly characteristic of non-accidental injury especially when the child’s explanation does not match the nature of injury or when it appears frequently.
Slap marks – these may be visible on cheeks or buttocks
Twin bruises on either side of the mouth or cheeks – can be caused by pinching or grabbing, sometimes to make a child eat or to a child from speaking
Bruising on both sides of the ear – this is often caused by grabbing a child that is attempting to run away. It is very painful to be held by the ear, as well as humiliating and this is a common injury
Grip marks on arms or trunk – found in babies who are handled roughly or held down in a violent way. Gripping bruises on arm or trunk can be associated with shaking a child. Shaking can cause one of the most serious injuries to a child i.e. a brain hemorrhage as the brain hits the inside of the skull. X-rays and other tests are required to fully diagnose the effects of shaking. Grip marks can also be indicative of sexual abuse.
Black eyes – are most commonly caused by an object such as a fist coming into contact with the eye socket. N.B. A heavy bang on the nose however, can cause bruising to spread around the eye but a doctor will be able to tell if this has occurred.
Damage to the mouth – e.g. bruised/cut lips or torn skin where the upper lip joins the mouth
Bite marks
Fractures – in children less than 2 years
Poisoning and other misuse of drugs – e.g. overuse of sedatives
Burns and/or scalds – a round red burn on tender, non-protruding parts like the mouth, inside arms and on the genitals will almost certainly have been deliberately inflicted. Any burns that appear to be cigarette burns should be cause for concern. Some types of scalds known as ‘dipping scalds’ are always cause for concern. An experienced person will notice skin splashes caused when a child accidentally knocks over a hot cup of tea. In contrast a child who has been deliberately ‘dipped’ in a hot bath will not have splash marks.

2. Sexual Abuse
The involvement of dependent, developmentally immature children and adolescents in sexual activities they do not truly comprehend, to which they are unable to give informed consent or that violate the social taboos of family roles. Typical signs of Sexual Abuse are:

A detailed sexual knowledge inappropriate to the age of the child
Behaviour that is excessively affectionate or sexual towards other children or adults
Attempts to inform by making a disclosure about the sexual abuse often begin by the initial sharing of limited information with an adult. It is also very characteristic of such children that they have an excessive pre-occupation with secrecy and try to bind the adults to secrecy or confidentiality.
A fear of medical examinations
A fear of being alone
A sudden loss of appetite, compulsive eating, anorexia nervosa or bulimia nervosa
Promiscuity
Unusually explicit or detailed sex play in young children
Sexual approaches or assaults – on other children or adults
Bruising to the breasts, buttocks, lower abdomen, thighs and genital/rectal areas. Bruises may be confined to grip marks where a child has been held so that sexual abuse can take place.
Discomfort or pain particularly in the genital or anal area
The drawing of pornographic or sexually explicit images.
Difficulties walking or sitting
Unexplained money/gifts

3. Emotional Abuse
The severe adverse effect on the behaviour and emotional development of a child caused by persistent or sever emotional ill treatment or rejection. All abuse involves some emotional ill treatment – this category should be used where it is the main or sole form of abuse.

Typical signs of emotional abuse –

lack of parent/child bonding – pushes child away, child clings them gives up
punishment of self-esteem, endless criticism, negative all the time
lack of special/quality time, parent’s lack of time, inability to play
punishment of interpersonal skills, befriending, lack of discipline and control.

4. Neglect
The persistent or severe neglect of a child (for example, by exposure to any kind of danger, including cold and starvation) which results in serious impairment of the child’s health or development, including non-organic failure to thrive. Persistent stomach-aches, feeling unwell and apparent anorexia can be associated with Physical neglect. However, typical signs of Neglect are:

Underweight – a child may be frequently hungry or pre-occupied with food or in the habit of stealing food or with the intention of procuring food. There is particular cause for concern where a persistently underweight child gains weight when away from home, for example, when in hospital or on a school trip. Some children also lose weight or fail to gain weight during school holidays when school lunches are not available and this a cause for concern.
Inadequately clad – a distinction needs to be made between situations where children are inadequately clad, dirty or smelly because they come from homes where neatness and cleanliness are unimportant and those where the lack of care is preventing the child from thriving.

Neglect is a difficult category because it involves the making of a judgement about the seriousness of the degree of neglect. Much parenting falls short of the ideal but it may be appropriate to invoke child protection procedures in the case of neglect where the child’s development is being adversely affected.

Grave Concern/at risk
This is not a separate category of child abuse as such but covers a number of situations where a child may be at risk. Children whose situations do not currently fit the above categories but where social and medical assessments indicate that they are at significant risk of abuse. Grave concern may be felt where a child shows symptoms of stress and distress (see below) and any of the following circumstances apply;

There is a known child abuser in the family
Another child in the family is known to have been abused
The parents are involved with pornographic material to an unusual degree
There is an adult in the family with a history of violent behaviour.

The Symptoms of Stress and Distress:

When a child is suffering from any one or more of the previous four ‘categories of abuse’, or if that child is ‘at risk’, he/she will nearly always suffer from/display signs of stress and distress. An abused child is likely to show signs of stress and distress as listed below.

A lack of concentration and a fall-off in school performance
Aggressive or hostile behaviour
Moodiness, depression, irritability, listlessness, fearfulness, tiredness, temper tantrums, short concentration span, acting withdraw or crying at minor occurrences
Difficulties in relationships with peers
Regression to more immature forms of behaviour e.g. thumb sucking
Self harming or suicidal behaviour
Low self esteem
Wariness, insecurity, running away or truancy – children who persistently run away from home may be escaping from sexual/physical abuse
Disturbed sleep
General personality changes such as unacceptable behaviour or severe attention seeking behaviour
A sudden change in school performance.

Parental Signs of Child Abuse

Particular forms of parental behaviour that could raise or reinforce concerns are

Implausible explanations of injuries
Unwillingness to seek appropriate medical treatment for injuries
Ensure child kept away from school until injuries have healed without adequate reason
A high level of expressed hostility to the child
Grossly unrealistic assumptions about child development
General dislike of child-like behaviour
Inappropriate labeling of child behaviour as bad or naughty
Leaving children unsupervised when they are to young to be left attended.

SECTION 4 THE ROLES OF DIFFERENT STAFF

l. The Headteacher

The Headteacher is the person responsible for contacting the Social Services to register concern about a child’s welfare and implementing procedures relating to child protection. This role is to co-ordinate child protection and child welfare concerns.

The responsibilities are:

To be familiar with the Local Safeguarding Children Board procedures
To be familiar with any child protection procedures produced by the school
To obtain training on child protection from an approved recognised body
To have responsibility for child protection and child welfare issues in their school
To liase with Children’s Services/Police where appropriate
To hold information and contact details on child protection procedures, consultation, referral and support services available.
To provide a list of counselling services for both staff and parents if needed as a result of going through the child protection procedure.

If the Headteacher is absent for any reason it must be made clear to all staff which Deputy is in charge and therefore acting as the Designated Member of Staff.

(a) The Head/designated senior member of staff in collaboration with individual staff must complete the report form within 24 hours of the referral phone call, detailing signs observed, action taken and outcomes of contact with other agencies and send it as soon as possible to the address given by Social Services.

See “Flow chart for referral when concerned that a child is being physically, sexually, emotionally harmed or neglected”.

(b) The Head/designated senior member of staff and or individual members of staff must be prepared to attend a case conference (usually called by Children’s Services Department) at very short notice, even if it proves to be inconvenient.

(c) The Head/designated senior member of staff should inform the initiating member of staff about what action has been taken

The Headteacher/Designated SM must be prepared to attend a case conference that is scheduled to be held during a school holiday. If he/she cannot attend for some reason then the Deputy acting as the Designated SM should attend.

If a child is moving to a new school then the Headteacher/Designated SM must pass any on-going concerns to the Headteacher/Designated SM of the new school, and inform/involve the Keyworker and Register Custodian as appropriate. If a child is currently on the register and is moving to a new school, then the Headteacher/Designated SM must forward all records to the Headteacher/Designated SM of the new school and inform/involve the Keyworker and Register Custodian as appropriate.

If the child moves to a new address then the Keyworker and Register Custodian must be informed/involved as appropriate. If the child’s new address is unknown, the Headteacher must forward any information which he/she has which might prove helpful in tracing a child.

The Headteacher/Designated SM must ensure that in his/her absence any Deputy who is to act as the Designated Member of Staff knows the procedure to be followed in the case of suspected child abuse (see Section 4) and the name of any Keyworkers.

The Headteacher/Designated SM has a professional duty to enquire about the progress of individual cases in which they are/have been involved.

2. School Staff (Teaching)

Abuse of children in attendance at school is most likely to be first noticed by teaching staff and/or educational welfare officers. Teachers bring a number of particular advantages to the recognition of child abuse, i.e.

They have regular and frequent opportunities to observe children, including opportunities to observe changes in their behaviour
They have an ongoing relationship with children, who may confide in them with difficulties that they are experiencing.
They have knowledge of the wide range of behaviour likely to be seen in children of a particular age
They have opportunities to observe the response of a group of children to particular situations. They will, therefore, be sensitive to surprising or unusual responses.

These opportunities to see children in context give a particular value to the observations of teachers. Their insights need to be complemented by the skills of other relevant disciplines, especially those of social workers and medical practitioners. A teacher may become concerned when a child tells the teacher about events that have happened to them or to a friend, brother, sister or when another adult claims to be aware of abuse. Teachers value their relationships with parents/guardians and in many situations will share their initial concerns about a child with the parents/guardians. However, in many cases the parents/guardians may be the abusers and so teachers should be prepared to share their concerns with other professionals t an early stage with out necessarily informing parents of the action they propose to take. Teachers have a professional duty to

Observe and be alert to signs of abuse
Take immediate action in the child’s best interest by reporting any suspicion or evidence of abuse or non accidental injury
Know the role of the Designated Person and the School and Local Safeguarding Children Boards procedures
Enquire about the progress of individual cases in which they are/have been involved.

All teaching staff must understand the importance of reporting suspicious circumstances and be able to report signs of abuse to the Headteacher/Designated SM. Beyond the initial reporting of suspected child abuse, staff have a clearly restricted role as further judgements and action decisions are the responsibility of other agencies with statutory powers to help the child.

The booklet “What to do if you are worried a child is being abused (2003) is available in Kindergarten

3. School Staff (Non-Teaching)

As with teaching staff, non-teaching staff have a responsibility to observe and report any suspicion or evidence of abuse or non-accidental injury. All non-teaching staff must understand the importance of reporting suspicious circumstances and be able to report signs of abuse to the Headteacher/Designated SM. Beyond the initial reporting of suspected child abuse, non-teaching staff have a clearly restricted role as further judgements and action decisions are the responsibility of other agencies with statutory powers to help the child.

The booklet “What to do if you are worried a child is being abused (2003) is available in Kindergarten.

SECTION 5 REPORTING PROCEDURE

A member of staff only requires reasonable cause for concern regarding potential child abuse in order to act. Arriving at the point where information and its interpretation given reasonable cause for concern depends upon the source of information. If the information comes from the child then the teacher should act immediately by taking them to find the Headteacher/Designated SM. N.B. One sentence from the child indicating child abuse or non-accidental injury provides you with ‘reasonable grounds’ and is sufficient for you to act. This may also apply if clear information comes from a sibling or other adult, etc. However, considering that many of the signs of child abuse are also commonly associated with other medical, social or psychological problems or simply normal child development a teacher may naturally discuss some initial concerns about a child’s mental or physical well-being with other staff, parents etc. However, in many cases the parents/guardians may be the abusers and explanations or comments made by the parents may be sufficient to give the teacher reasonable grounds to suspect child abuse or non-accidental injury. Once there are reasonable grounds to suspect child abuse or non-accidental injury, teachers must not contact the parents any further. When there are reasonable grounds to suspect child abuse or non-accidental injury then the following procedure must be implemented immediately.

1. Make a written report to the Headteacher/Designated SM immediately. When a child has reported what amounts to suspected child abuse or non-accidental injury, then they should be taken to the Headteacher/Designed SM even before the written report is made. Under no circumstances should a parent be approached before the Head has been informed.

Staff must:

Remember that priority is to protect the child
Treat the matter seriously
Receive the child’s story if appropriate, listen but do not judge
React to what the child tells you with belief and tell the child that they have done the right thing in telling you
Indicate to the child what action you will take and make it clear that you will have to inform others (no secrets).
Only inform those with a need to know
Keep an accurate record of what you have become aware of an what you have done
Limit any questioning bearing in mind the ‘must not’ points below
Not ask leading questions

Staff must not:

Contact the parents again – this is the job of Children’s services
Interrogate the child if that child has disclosed information or ask leading questions
Speak to anyone about whom allegations are made (including colleagues)
Promise to keep secrets/confidentiality
Ask a child outright if they or others have suffered abuse

The teacher may now withdraw from the immediate process but should remain vigilant.

Refer to flow chart for referral when concerned that a child is being physically, sexually, emotionally harmed or abused.

2. The Headteacher/Designated SM must now seek advice from Social Services. See Appendix A

3. If it is necessary for the child to be taken to hospital, then hand the child over to the direct care of medical staff informing them that non-accidental injury is suspected. A member of staff must stay with the child (whether the child has been taken to hospital or not) until the social worker arrives as in Stage 5

4. A social worker will arrive either at the School or the Hospital as is appropriate. The Headteacher/Designated SM in collaboration with staff involved in the case must complete a report form, detailing signs observed, action taken and outcomes of contact with other agencies and send it as soon as possible to the appropriate division given by Social Services

If a parent arrives to collect the child before the social worker has arrived then the member of staff must remember that he/she has no right to prevent contact between the parents/guardians and the child or to prevent the removal of the child by the parents/guardians. However, if there are clear signs of physical risk or threat, the Police should be immediately contacted and fully informed.

5. The social worker(s) will decide on what action to take and it is the Children’sServices who must contact the parents/guardians. The Head/Designated SM should inform the member of staff who first reports the concern as to what action has been taken. Once a strategy for procuring support has been agreed all parties should be kept well informed of developments as appropriate. The following procedures need not necessarily imply that further action is inevitable. It is important, however, in cases of serious concern that there is communication between schools, the Register Custodian and the Children’s Services Department.

6. If staff are still concerned about the child after Children’s Services have taken action steps or even after a case conference has occurred then they must ask the Headteacher/Designated SM to inform the Keyworker, and if necessary request that the case conference be reconvened. If it is felt that the Keyworker has not taken appropriate action then the Register Custodian should be contacted for advice. Unfortunately some instances of abuse recur and staff should remain vigilant.

N.B. If suspicions concern the conduct of the Headteacher/Designated SM then the member of staff must report directly to the Local Authority Designated Officer (LADO) on 01603 223473.

It is important that at all stages in the above procedure staff make detailed written records of all their reports and actions. Before forwarding reports on for further action to take place, it is recommended that staff make and securely retain copies of any notes or reports that they forward. N.B. Notes should be made of the relevant parts of conversations and phone calls e.g. their general content and ‘Who is to do what?’ – the notes should be included in reports.

Once you have passed the child into the system withdraw from the process. It is not appropriate to talk to the child or to offer further support. However, when a pupil has trusted you enough to disclose, they may feel the desire to return to talk (remember that investigations can sometimes take months). In such a situation tell them that you cannot comment or advise as to do so may affect their security and safety both in the short and long term – however you can listen! Any ‘discussion’ could be misused in court by defence lawyers as evidence against the teacher and the child.

Allegations against school staff

Teachers must protect themselves and staff should bear in mind that even perfectly innocent actions can sometimes be misconstrued. It is important not to touch pupils however casually, in ways or on parts of the body that might be considered indecent. When pupils make such an allegation against a member of staff, Local Safeguarding Children Boards Procedures must be followed. This involves contacting the Local Designated Officer (LADO) on 01603 223473

In the case of suspected or identified abuse of a child by a Headteacher, the police and/or Children’s Services have a duty to investigate. National guidelines have been produced and the first person to receive an allegation regarding a Headteacher should take it directly the Designated SM (if this is not the Headteacher) or the Deputy Headteacher.

SECTION 6 RECORDS

Case conference records are confidential and schools/colleges must ensure the safekeeping of such records and of other documents for individual cases and the eventual secure destruction of such records. Information given at case conferences must not be disclosed without the prior permission of the person who originally supplied the information. The Education (Schools Records) Regulations 1989 exempt any information relating to actual, alleged or suspected child abuse from the requirements of disclosure. When a pupil transfers school all relevant concerns and/or records must be forwarded on – for further details see Section 3.1 (the role of the Headteacher/Designated SM)

All staff are required to record accurately information that may be required in respect of child protection. If a child discloses, record the precise information as soon as possible, with date, event, action taken, and sign and date the record. Do not ask leading questions and do not type up the report. Submit the report exactly as you note it down. It is very important for staff to distinguish between fact, observation, allegation and opinion. All staff records must be passed to the Headteacher/Designated SM for storage and action.

Records should not be kept in the child’s normal record file but in a separate secure place.

In cases of alleged child abuse which come to court, child protection records may b e required by the court. Information required by the court should be given to the officers of the court and not to other persons who may use it as evidence. It is not necessary for other background information on the child to be released and can only be done with parental permission.

When a child dies the LEA may carry out a Section 8 Review under the Children Act 1989. This is a multi-agency investigation and a report on behalf of the Education Department is usually compiled by the Principle Education Welfare Officer. All school records must be kept in these circumstances – only copies can be given to parents.

In all cases, which involve the death of, or serious harm to a child when abuse is confirmed or suspected, the Local Safeguarding Children Boards will require a swift response to requests for information from all agencies including educational establishments. Records must be made available to the Case Review Committee – this further emphasizes the need for precise and secure keeping of records in educational establishments. In addition, interviews within the Education Department involving key personnel may require, in order to assess the quality of decisions made and actions taken.

SECTION 7 ADVICE, ANSWERING QUESTIONS & CONFIDENTIALITY

Staff often become initially aware of the possibility of abuse occurring when they are asked for advice/questioned by children in a confidential manner. Having considered the Children Act 1989, the Education Act 1993 and Sex Education in Schools, Circular 51 94, teacher’s professional responsibilities, the current legal situation and a desire to protect staff, the Headteacher has issued the following statement/directive. N.B. Failure of staff to adhere to this statement may constitute grounds for disciplinary action.

Offering Advice: The Headteacher believes that the School’s function is to provide a general education about sexual, drug and other matters and not to offer individual advice, information or counseling on aspects of sexual behaviour, contraception or social behaviour. However staff may identify sources of professional information and advice when appropriate. If the offering of outside expert advice is not taken up, then a teacher may only give such advice after receiving written permission from the Headteacher and the parents/guardians – clearly this would not be done if the pupil did not wish it. Advice does not legally require consent but the following procedures protects the teacher and the pupil, and acknowledges that teachers may not be qualified to give the required advice.

If a pupil asks a teacher for advice on sexual mattes, the teacher must not trespass on the parents’ rights and responsibilities. Therefore, the teacher should encourage the pupil to seek advice from his or her parents and, if appropriate, from the relevant health service professional.

Teachers cannot:

Give personal advice or counseling on sexual matters (including contraception and abortion) to a pupil (either individually or within a group) if a parent has withdrawn that pupil from sex education.
Give personal contraceptive advice to pupils under 16 (for whom sexual intercourse is illegal) without parental consent. (Legally a teacher can give a child under 16 contraceptive advice if the teacher believes that doing so is in the child’s bet interests. However, in certain circumstances the teacher could be liable to criminal charges and therefore the Governors’ instructions are not to give such advice and to refer the matter to the Headteacher.

Explicit Questions: It is unlikely to be appropriate to deal with a pupil’s explicit questions by dealing with it in front of the whole class. In practice this means that teachers have to say “I’m sorry but the School Policy and legislation does not allow me to answer that question’. The teacher may deem it appropriate to discuss the child’s concerns with the parents – a decision may then be taken on how best to deal with it. Answers to the ‘question in a box’ approach must only be given after very careful screening of the questions. In all cases of explicit questions being asked by a child to a member of staff, abuse should only be suspected when the questions are totally inappropriate to the age of the child.

Confidentiality: Having considered all available advice and guidance, the Headteacher states that in circumstances where a pupil is considered at some risk of any type of abuse (e.g. sexual or physical) or in breach of the law, the teacher must refer this immediately to the Headteacher/Designated SM. The Headteacher/Designated SM will decide whether to inform parents and/or appropriate authorities and may arrange for counseling as appropriate. Although there is no legal duty on a teacher, or a Headteacher/Designated SM, to inform parents of matters which a child has confided to them.

Teachers must not promise confidentiality even though they cannot be made to break it once given
Pupils must be made aware that any incident may be conveyed to the Headteacher/Designated SM and possibly to parents
Teachers must use their professional judgement and take into account the School’s Child Protection policy to decide whether confidence can be maintained having hear the information.
Teachers must indicate clearly to pupils when the content of a conversation can no longer be kept confidential – the pupils can then decide whether to proceed or not. When the content of the conversation indicates the possibility of child abuse, the teacher must pass that information onto the Headteacher/Designated SM in accordance with the School policy on Child Protection.

SECTION 8 EVALUATION OF CHILD PROTECTION PROCEDURES

Effective monitoring/evaluation of Child Protection issues is dependent upon the maintenance of accurate and up to date records. The criteria by which the monitoring and evaluation of the Child Protection procedures and policy are undertaken are described below.

PARENTS

1. any pertinent feedback from parents/guardians/carers
2. regular updating of the information pack for parents in the annual policy review:

PUPILS

3. any pertinent feed back from pupils
4. the number of pupils on the child protection register
5. the number of referrals made by staff to the Headteacher/Designed SM
6. the number of referrals made by the Headteacher/Designed SM to Children’s Services

STAFF/INSET

7. involvement by staff in INSET courses relating to Child Protection issues

PLANNING

8. reference to the aims of the policy when curricular planning occurs
9. analysis and publication of OFSTED/OHMCI/LEA reports

SECTION 9 COMPLIANCE

The policy is regularly updated in order that we comply with new legislation and good practice. Currently the School’s policy for “Child Protection’ is consistent with, and so reinforces

• the “Child Protection’ policy of the LEA
• The Children Act 1989
• Administrative Memorandum No. 76
• The Education Act 1993
• DfEE circulars 10/95 and 11/95 as related to child protection
• The specific procedure for child protection as prescribed by the county Local Safeguarding Children Boards (LSCB)
• The U.N. Convention on the Rights of the Child which contends that all children have an inalienable right to protection from harm and the principles of the Children Act ((1989) which states that the welfare of the child is of paramount consideration.
• What to do if you are worried a child is being abused 2003
• Children Act 2004
• Working together to Safeguard Children 2006

St. Nicholas House School operates safe recruitment procedures (including
enhanced CRB disclosures) in compliance with ISA regulations.

March 2008