Safeguarding Children and Child Protection

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(including managing allegations of abuse against a member of staff)

 

Safeguarding and Welfare Requirement: Child Protection

Providers must have and implement a policy, and procedures to safeguard children.

 

 

Policy Statement

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Our setting will work with children, parents and the community to ensure the rights and safety of children and to give them the very best start in life.

 

The new The Prevent Duty (2015) requires childcare settings to remain vigilant to people who may be vulnerable to radicalisation and to prevent them from being drawn into terrorism. As part of our EYFS curriculum, we already promote positive attitudes and tolerance of all religions and cultures, as well as other groups as defined in the Equality Act 2010. We will continue to promote British Values which embrace and celebrate diversity and respect for others; British values of democracy, the rule of law, individual liberty and mutual respect, and tolerance for those with different faiths and beliefs.

 

Our safeguarding policy is based on three key commitments.

We carry out the following procedures to ensure we meet the three key commitments:

 

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Key commitment 1

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We are committed to building a ‘culture of safety’ in which children are protected from abuse and harm in all areas of our service delivery.

Staff and Volunteers

• We ensure all staff are trained to understand our safeguarding policies and procedures and that Parents are made aware of them too.

• All staff have an up-to-date knowledge of safeguarding issues.

• We provide adequate and appropriate staffing resources to meet the needs of children.

• Applicants for posts within the setting are clearly informed that the positions are exempt from the Rehabilitation of Offenders Act 1974

• Candidates are informed of the need to carry out ‘enhanced disclosure’ checks with the Disclosure and Barring Service (DBS) before posts can be confirmed.

• Where applicants are rejected because of obtaining information that has been disclosed, applicants have the right to know and to challenge incorrect information.

• We abide by Ofsted’s requirements in respect of references and DBS checks for staff and volunteers, to ensure that no disqualified person or unsuitable person works at the setting or has access to children.

• Volunteers do not work unsupervised.

• We record information about staff qualifications, and the identity checks and vetting processes that have been completed including:

  • The DBS disclosure reference number;

  • The date the disclosure was obtained; and

  • Details of who obtained it.

• We inform all staff that they are expected to disclose any convictions, cautions, court orders or reprimands and warnings which may affect their suitability to work with children (whether received before or during their employment with us).

• We abide by the safeguarding Vulnerable Groups Act (2006) requirements in respect of any person who is dismissed from our employment, or resigns in circumstances that would otherwise have lead to dismissal for reasons of a child protection concern.

• We have procedures for recording the details of visitors to the setting.

• We take security steps to ensure that we have control over who comes into the setting so that no unauthorised person has unsupervised access to the children.

• We take steps to ensure children are not photographed or filmed on video for any other purpose than to record their development or their participation in events organised by us. Parents sign a consent form to have access to records holding visual images of their child.

 

Key commitment 2

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We are committed to responding promptly and appropriately to all incidents or concerns of abuse that may occur and to work with statutory agencies in accordance with the procedures that are set down in ‘What to do if you’re worried a child is being abused’ (HMG 2006)

Responding to suspicions of abuse

• We acknowledge that abuse of children can take different forms – physical, emotional, and sexual as well as neglect.

• When children are suffering from physical, sexual or emotional abuse, or experiencing neglect, this may be demonstrated through:

  • Significant changes in their behaviour;

  • Deterioration in their general well-being;

  • Their comments which may give cause for concern, or the things they say (direct or indirect disclosure);

  • Changes in their appearance, their behaviour, or their play;

  • Unexplained bruising, marks or signs of possible abuse or neglect; and

  • Any reason to suspect neglect or abuse outside the setting.

• We take into account factors affecting parental capacity, such as social exclusion, domestic violence, parent’s drug or alcohol abuse, mental or physical illness or parent’s learning disability.

• We are aware of other factors that affect children’s vulnerability such as, abuse of children with Special Educational Needs and/or disabled; fabricated or induced illness; child abuse linked to beliefs in spirit possession; sexual exploitation of children, such as through internet abuse; and Female Genital Mutilation; that may affect, or may have affected, children and young people using our provision.

• We also make ourselves aware that some children and young people are affected by gang activity, by complex, multiple or organised abuse, through forced marriage or honour based violence or may be victims of child trafficking. While this may be less likely to affect young children in our care, we may become aware of any of these factors affecting older children and young people who we may come into contact with.

• Where we believe a child in our care or that is known to us may be affected by any of these factors we follow the procedures below for reporting child protection concerns.

• Where such evidence is apparent, the child’s key-person makes a dated record of the details of the concern and discusses what to do with the member of staff who is acting as the ‘designated person’. The information is stored on the child’s personal file.

• We refer concerns to the local authority children’s social care department and co-operate fully in any subsequent investigation. NB In some cases this may mean the Police or another agency identified by the Local Safeguarding Children Board.

• We take care not to influence any outcome either through the way we speak to children or by asking questions of children.

• We take into account the need to protect young people aged 16-19 as defined by the Children Act 1989. This may include students or school children on work placement, young employees or young parents. Where abuse is suspected we follow the procedure for reporting any other child protection concerns. The views of the young person will always be taken into account, but the setting may override the young person’s refusal to consent to share information if it feels that it is necessary to prevent a crime from being committed or intervene where one may have been, or to prevent harm to s child or adult. Sharing confidential information without consent is done only where not sharing it could be worse than the outcome of having shared it.

 

Recording suspicions of abuse and disclosures:

 

• Where a child makes comments to a member of staff that give cause for concern (disclosure), or a member of staff observes signs or signals that give cause for concern, such as significant changes in behaviour; deterioration in general well-being; unexplained bruising, marks or signs of possible abuse or neglect; that member of staff:

  • Listens to the child, offers reassurance and gives assurance that she or he will take action;

  • Does not question the child;

  • Makes a written record that forms an objective record of the observation or disclosure that includes: the date and time of the observation or the disclosure; the exact words spoken by the child as far as possible; the name of the person to whom the concern was reported, with the date and time; and the names of any other person at the time.

 

• These records are signed and dated and kept in the child’s personal file, which is kept securely and confidentially.

• The member of staff acting as the ‘designated person’ is informed of the issue at the earliest opportunity.

• Where the local safeguarding Children Board stipulates the process for recording and sharing concerns, we include those procedures alongside the procedure and follow the steps set down by the Local Safeguarding Children Board.

 

Making a referral to the local authority children’s social care team:

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• If a referral is necessary we follow the guidelines  in ‘What to do if you’re worried a child is being abused’ (HMG 2006)

• We keep a copy of this document alongside the procedures for recording and reporting set down by our Local Safeguarding Children Board, which we will follow.

 

Informing Parents:

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• Parents are normally the first point of contact. We discuss concerns with parents to gain their view of events, unless we feel this may put the child in greater danger.

• We inform parents when we make a record of concerns in their child’s file and that we also make a note of any discussion we have with them regarding a concern.

• If a suspicion of abuse warrants referral to social care, parents are informed at the same time that the referral will be made, except where the guidance of the Local Safeguarding Children Board does not allow this, for example, where it is believed that the child may be placed in greater danger.

• This will usually be the case where the parent is the abuser. In these cases the social workers will inform parents.

 

Liaison with other agencies:

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• We work within the local safeguarding Children Board guidelines.

• We have the current version of ‘What to do if you’re worried a child is being abused’ available for Parents and staff and ensure that all staff are familiar with what they need to do if they have concerns.

• We have procedures for contacting the local authority regarding child protection issues, including maintaining a list of names, addresses and telephone numbers of social workers, to ensure that it is easy, in any emergency, for the setting and children’s social care to work well together.

• We notify the registration authority (Ofsted) of any incident or accident and any changes in our arrangements which may affect the well-being of children or where an allegation of abuse is made against a member of staff (whether the allegation relates to harm or abuse committed on our premises or elsewhere). Notifications to Ofsted are made as soon as is reasonably practicable, but at the latest within 14 days of the allegations being made.

• Contact details for the local National Society for the prevention of Cruelty to Children (NSPCC) are also kept.

 

Peer-on-Peer abuse:

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There is no clear boundary between incidents that should be regarded as abusive and incidents that are more properly dealt with as bullying, sexual experimentation etc. This is a matter of professional judgement. If one child or young person causes harm to another, this should not necessarily be dealt with as abuse: bullying, fighting and harassment between children are not generally seen as child protection issues. However, it may be appropriate to regard a young person’s behaviour as abusive if:

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• There is a large difference in power (for example age, size, ability, development) between the young people concerned; or

• The perpetrator has repeatedly tried to harm one or more other children; or

• There are concerns about the intention of the alleged perpetrator.

 

If the evidence suggests that there was an intention to cause severe harm to the victim, this should be regarded as abusive whether or not severe harm was actually caused.

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• If Peer-on-Peer abuse is suspected, we will follow the steps laid out in this policy working alongside our Local Safeguarding Board.

• All staff will be aware that Peer-on-peer abuse can occur with children, young people, staff, parents, and other members of our community.

• We will be mindful that peer-on-peer abuse can take many forms, and may include the use of cyber bullying, alienation, sharing of explicit material online, and sexting, amongst others.

• We will be aware that it is often the case that the perpetrator can also be a vulnerable person. Their needs will be addressed separately, and any relevant actions will be taken on a case by case basis.

 

Allegations against staff:

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• We ensure that all parents know how to complain about the behaviour or actions of staff or volunteers within the setting, or anyone living or working on the premises occupied by the setting, which may include an allegation of abuse.

• We respond to any inappropriate behaviour displayed by members of staff or any other person working with the children, which includes:

  • Inappropriate sexual comments;

  • Excessive one to one attention beyond the requirements of their usual role and responsibilities, or inappropriate sharing of images.

• We follow the guidance of the Local Safeguarding Children Board when responding to any complaint that a member of staff or volunteer within the setting, or anyone living or working on the premises occupied by he setting, has abused a child.

• We respond to any disclosure by children or staff that abuse by a member of staff or volunteer within the setting, or anyone living or working on the premises occupied by the setting, may have taken, or is taking place, by first recording the details of any such alleged incident.

• We refer any such complaint immediately to the Local Authority Designated Officer (LADO) to investigate on 01296 382070. We also report any such alleged incident to Ofsted, as well as what, measures we have taken. We are aware that it is an offence not to do this.

• We co-operate entirely with any investigation carried out by the children’s social care in conjunction with the Police.

• Where the management team and children’s social care agree it is appropriate in the circumstances, the Owner will suspend the member of staff on full pay, or the volunteer, for the duration of the investigation. This is not an indication of admission that the alleged incident has taken place, but is to protect the staff, as well as the children and families throughout the process.

 

Disciplinary action

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• Where a member of staff or volunteer has been dismissed due to engaging in activities that caused concern for the safeguarding of children or vulnerable adults, we will notify the Independent Safeguarding Authority (ISA) of relevant information, so that individuals who pose a threat to children (and vulnerable groups) can be identified and barred from working with these groups.

 

Key Commitment 3

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We are committed to promoting awareness of child abuse issues throughout our training and learning programmes. We are also committed to empowering young children, through our curriculum, promoting their right to be strong, resilient and listened to.

 

Training

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• We seek out training opportunities for all adults involved in the setting to ensure that they are able to recognise signs and signals of possible physical abuse, emotional abuse, sexual abuse and neglect and that they are aware of the Local authority guidelines for making referrals.

• We ensure that designated persons receive training in accordance with that recommended by the local Safeguarding Children Board.

• We ensure that all staff know the procedures for reporting and recording any concerns they may have about the provision.

 

Planning

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• The layout of the playrooms allows for constant supervision. No child is left alone with staff or volunteers in a one to one situation without being visible to others.

 

Curriculum

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• We introduce key elements of keeping children safe into our programme to promote the personal, social and emotional development of all children, so that they may grow to be strong, resilient and listened to and so that they develop an understanding of why and how to keep safe.

• We create within our setting a culture of value and respect for individuals, having positive regard for children’s heritage arising from their colour, ethnicity, languages spoken at home, cultural and social background.

• We ensure that this is carried out in a way that is developmentally appropriate for children.

 

Confidentiality

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• All suspicions and investigations are kept confidential and shared only with those that need to know. Any information is shared under the guidance of the Local Safeguarding Children Board.

 

Support to families

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• We believe in building trusting and supportive relationships with families, staff and volunteers in the group.

• We make clear to parents our role and responsibilities in relation to child protection, such as for the reporting of concerns, information sharing, monitoring of the child, and liaising at all times with Local Safeguarding Children Board.

• We will continue to welcome the child and the family whilst investigations are being made in relation to any alleged abuse.

• We follow the Child Protection Plan as set by the child’s social care worker in relation to the setting’s designated role and tasks in supporting that child and their family, subsequent to any investigation.

• Confidential records kept on a child are shared with the child’s parents or those who have parental responsibility for the child in accordance with the confidentiality and client access to records procedure and only if applicable under the guidance of the Local Safeguarding Children Board.

 

Legal Framework

 

Primary legislation

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• Children Act (1989 S47)

• Protection of Children Act (1999)

• Data Protection Act 2018

• General Data Protection Regulation 2018

• The Children Act (Every child matters) (2004)

• The Childcare Act 2006 (Section 39(1)(b)

• Safeguarding Vulnerable Groups Act (2006)

• The 2015 Counter Terrorism and Security Act

 

Secondary legislation

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• Sexual Offences Act (2003)

• Criminal Justice and Court Services Act (2000)

• Equalities Act (2010)

• Data Protection Act (1998) Non statutory guidance

• The Prevent Duty (2015)

 

Further Guidance

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• Working together to safeguard children (HMG 2006) www.workingtogetheronline.co.uk

• What to do if you’re worried a Child is being abused (HMG 2006)

• Framework for the Assessment of children in need and their families (DoH 2000)

• The common assessment framework for children and young people: A guide for practitioners (CWDC 2010)

• Statutory guidance on making arrangements to safeguard and promote the welfare of children under section 11 of the Children Act 2004 (HMG 2007)

• Information sharing: Guidance for Practitioners and Managers (HMG 2008) (HMG 2006)

• Independent Safeguarding Authority: www.isa.homeoffice.gov.uk

• The Prevent Duty: Departmental advice for schools and Childcare providers (HMG 2015)

 

Useful contact details:

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• First Response 01296 383 962 9am-5pm Monday to Friday

• Out of hours Emergency Duty Team (EDT) 0800 999 7677

• Local Authority Designated Officer (LADO) 01296 382 070

• NSPCC: concerned about a child? 0808 800 5000

 

 

The Nursery’s Designated Safeguarding Lead (DSL) is Kim Crompton

The Deputy DSL is Bernadette Cahalan