Promoting Child Safety Addressing Complaints Against Staff Objectives

Promoting Child Safety Addressing Complaints Against Staff

Objectives v Understand your responsibility to promote a safe environment for children through appropriate and professional interactions v Know how to identify when a staff member is behaving inappropriately v Understand what happens when a complaint is made about inappropriate behaviour

Key child protection responsibilities v Respond to suspected risk of significant harm and wellbeing concerns v To interact professionally at all times with children v Address complaints of inappropriate behaviour by a staff member towards any child

What do we mean by Professional Behaviour

Professional Behaviour 1. Exercise duty of care 2. Maintain professional boundaries

Professional Behaviour 1. Duty of care v Ensure children are not exposed to foreseeable risk of harm v Take action to minimise risk v Supervision of children v Follow policies and procedures for welfare and wellbeing v If you observe others acting inappropriately towards children report your concerns

Professional Behaviour 2. Maintain professional boundaries v Demonstrate professional relationships with children that cannot be misinterpreted as overly personal or intimate v Remain within the responsibilities of your role v Physical contact to be minimised and appropriate v Treat children with respect, sensitivity, fairness and consistency

Developing Professional Relationships EXAMPLES OF BEHAVIOURS THAT YOU SHOULD AVOID … DON’T Student management and care • • • Use confrontational behaviour management styles, or threatening comments or gestures Leave a student inadequately supervised Fail to attend to and or seek assistance for a student who is injured Physical contact with students • • • Use physical force to impose compliance Use physical touch to demonstrate an action without warning or permission Throw articles at a student in anger or frustration Communication with students • • • Engage in personal correspondence by letter, email, phone, SMS text, Facebook etc Make inappropriate comments about a students appearance Use inappropriate humour or sexual innuendo 8

Getting the balance right Inappropriate Behaviour Reportable Conduct Professional Behaviour

What is Reportable Conduct? v Types of complaints against staff which must be reported to NSW Ombudsman: Ø Ø Ø Physical assault Ill treatment Neglect Psychological harm Sexual offence Sexual misconduct v Assessed and investigated by CP Team

What is exempt conduct? v Types of complaints against staff which are not reported to the NSW Ombudsman: a) Reasonable for the discipline, management or care of students. E. g. Touching a child to attract attention, guide them or to comfort them when distressed, etc. b) Use of physical force that is trivial or negligible. E. g. Soft push or poke, a light tap, etc. c) Any minor physical assault resulting in a minor injury eg bruises, red mark. v Assessed by CP team and mostly investigated at School level.

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Your Responsibilities If you see, hear, are told about or are involved in an incident that may involve reportable conduct. Your responsibility is to: • • • Provide assistance and support as needed Advise your Principal/Manager Document the information

What happens when a complaint is made

Addressing Complaints v Principal/Manager contacts Child Protection Team for advice, legal assessment, history check and determination of investigation pathway v Investigation pathway is decided: 1. Principal/Manager investigation - Less serious matters which are investigated by the Principal/Manager 2. CP Team investigation - Serious matters which are investigated independently by the CP Team v All investigations aim to be prompt, confidential and fair

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Snapshot of Investigation Process Initial advice to staff member Gather information and conduct interviews Provide letter to employee detailing allegation/s Staff member responds Investigation report prepared Findings and outcome Matter finalised Possible report to NSW Ombudsman and/or the Office of the Children’s Guardian

Outcomes of an Investigation could be: v No further action v Disciplinary action including: • increased supervision • monitoring • suspension • caution • termination v Changes to policy/practice E. g. training, staffing, documents v Notification to the Office of the Children’s Guardian (OCG)

Office of the Children’s Guardian (OCG) Notifications Ø A notification must be made to OCG if there is a sustained finding of: • Sexual Offence • Sexual Misconduct or • Serious physical assault Ø The notification will trigger a risk assessment when the person next seeks another position working with children (Working With Children Check)

Employees do have rights and responsibilities v Procedural fairness v Right to information v Right to support v Maintain confidentiality v Right of review

CASE STUDIES REVISITED 21

Group Discussion How can you minimise complaints about inappropriate behaviour?

Child Protection Team - Contact Details � Tamara Hughes, Child Protection Team Leader Phone: 9847 0610 (M) 0409 399 543 � Marina Best, Child Protection Officer (Tues, Thurs & Fri) Phone: 9847 0616 (M) 0427 206 194 � Cathy Mc. Clellan, Child Protection Officer (Mon, Tues, Wed & Fri) Phone: 9847 0620 (M)0410 342 015 � Wendy Collins (Admin. Support) Phone: 9847 0618 CP Office Fax: 9847 0611