Safeguarding Children in Education September 2018 Karen Lees

Safeguarding Children in Education September 2018 Karen Lees, Education Consultant & Associate Tutor

What would you do? 1. A child tells you they have been hurt, but asks you not to tell anyone else. What do you say to this young person? 2. A parent informs you that they have been involved in a domestic incident where they and their child were hurt, but this has now been sorted out and is no longer a problem. What is your next step? 3. You have made a referral to a colleague in school but have not heard anything back from them. What, if anything, should you do? 4. A 12 year old tells you that a friend’s black eye was caused by her dad hitting her and not an accident as she had told the teacher. Do you speak to the child? 5. A pupil in your class has made significant changes to their appearance and has been seen committing some prejudice-related incidents by a member of the community, which has been passed on to you. What are your concerns? 2

AIMS OF THE COURSE • To identify key pieces of legislation and guidance underpinning safeguarding children in education. • To build a basic understanding of child protection matters likely to be encountered by adults in schools. • To inform staff about what to do if they have concerns about children that relate to child protection matters. • To identify situations in which adults in schools might be vulnerable and discuss possible strategies to minimise the potential risks. 3

WHAT IS SAFEGUARDING? DEFINITION: • All agencies working with children, young people and their families take all reasonable measures to ensure that the risks to harm to children’s welfare minimised; and • Where there are concerns about children and young people’s welfare, all agencies take all appropriate actions to address those concerns, working to locally agreed policies and procedures in full partnership with other agencies. 4

CHILD PROTECTION NETWORK 5

FACTS AND FIGURES • Currently over 58, 000 children identified as needing protection from abuse in the UK (Source: Child protection register and plan statistics for all UK nations for 2017) • There were 61 child homicides across the UK in 2015/16 – 56 in England, five in Scotland. • Suicide rates among 15 -19 yr olds in England Wales have started to rise in recent years. • Recorded sexual offences against children in 2015/16 have risen. • 18. 6% of 11 -17 yr olds have experienced some type of severe maltreatment. • 61. 4% of 11 -17 yr olds have been exposed to some form of community violence. • Mental/emotional health was the most common main concern in Childline counselling sessions in 2016/17. • There were 66, 218 contacts made to the NSPCC helpline in 2016/17. Contacts about abuse have risen by 56% over the past five years. • An estimated 418, 000 violent offences were experienced by children aged 10 -15 in 2015/16. • 1, 278 potential victims of child trafficking were referred to the National Referral Mechanism (NRM) in 2016. • 61% of people describe abuse and neglect as being “common”. • The proportion of people who believe that they can help to prevent child abuse is approximately 37%. 6 Bentley, H. et al (2017) How safe are our children? The most comprehensive overview of child protection in the UK 2017. London NSPCC

Child Protection Safer recruitment and selection Behaviour Management Buildings and security Anti bullying policies A listening school Safeguarding Governance Whistle-blowing Health and Safety Attendance, exclusions and children missing education 7 Curriculum E-safety SEN and Inclusion Transition arrangements Staff code of conduct and safer working practice

Lauren Wright (1994 – 2000) • When she died, she had lost four stone and weighed just two stone. • Lauren often appeared with bruises which were explained away. • Lauren was killed by her step mother. What do you think about the facts here? 8

WHAT WENT WRONG? * * * Other case studies to be aware of: Victoria Climbie, Daniel Pelka, Holly Wells and Jessica Chapman. 9

Right help at the right time Address risks, prevent issues. Research and Serious Case Reviews have repeatedly shown the dangers of failing to take effective action. Poor practice includes: • • • 10 Failure to act on early signs Poor record keeping Failure to listen to the views of the child Failure to reassess concerns when situations do not improve Sharing information too slowly A lack of challenge to those who appear not to be taking action

A NEW DUTY AND A NEW GUIDANCE • Section 175 of the Education Act 2002 came into force in June 2004. – Created an explicit duty to strengthen arrangements for safeguarding children. – “Safeguarding Children in Education” (Df. ES 0027/2004) This document was about the duty of LAs, school of all kinds and Further Education Institutions to have arrangements for carrying out their functions with a view to safeguarding and promoting the welfare of children. 11

Safeguarding Children in Education Shared Objective: • Provide a safe environment for children and young people to learn in education setting. • Identify children and young people who are suffering or likely to suffer significant harm and take action with the aim of keeping them safe. 12

CHILDREN ACT 2004 Comprehensive and far reaching reform. – Promotes children’s welfare. – Support for parents and extended family. – Protection of children from harm. – Intervention to safeguard the child’s welfare. – Interagency networking The Act’s main principles: – The welfare of the child is the paramount consideration. – Children are best cared for within their own families. – State should not intervene in family life. – Local authorities are to work in partnership with families, who retain parental responsibility for their children. – Local authorities must have regard to children’s racial origin, cultural and linguistic background and religious persuasion. 13

New guidance Keeping Children Safe in Education (Df. E Sept 2018) v Replaces Keeping Children Safe in Education 2016, which replaced 2015 version and previously Safeguarding Children and Safer Recruitment in Education (Dec 2006) and Dealing with Allegations of Abuse made against Teachers and other Staff (2012). *ALL STAFF TO READ PART 1 AND ANNEX A* Working Together to Safeguard Children (Feb 2018) v replaces 2015 and 2013 versions, which replaced Working Together to Safeguard Children 2010, the Framework for the Assessment of Children in Need and their Families (2000); and the Statutory Guidance on Making Arrangements to Safeguard and Promote the Welfare of Children under Section 11 of the Children Act 2004 (2007). 14

Background and Legislation 1989 1999 2000 2002 2003 2004 2005/6 2007 2009 2011 2012 2015 2016 15 The Children Act. Protection of Children Act Framework for the Assessment of Children in Need and their families The Education Act (S 157 and 175) Every Child Matters Sexual Offences Act The Children Act. Local Safeguarding Children Boards established Safeguarding Vulnerable Groups Act Safeguarding Children and Safer Recruitment in Education The School Staffing (England) Regulations 2009 Munro Review of Child Protection of Freedoms Act Working Together to Safeguard Children - What to do if you're worried a child is being abused Information Sharing: Advice for practitioners Keeping Children Safe in Education (Revised May 2018, for implementation Sept 2018)

WHO HARMS CHILDREN? • Abusers come from all walks of life. – Any age. – Male or female. – From any social class. – Related to the child or not. – Frequently someone the child knows well. – “Nice” people, may appear to be “pillars of the community”. – People who work in “helping professions”. 16

CHILDREN WHO ARE ABUSED CAN BE … • • • 17 Either sex. Any age – including babies In care In “respectable” homes. Have learning or behaviour difficulties. Physically disabled.

WHAT IS CHILD ABUSE? “Suffering, or being at risk of suffering significant harm, where harm means ill-treatment or the impairment of health or development”. Children Act 1989 A person may abuse or neglect a child by inflicting harm or by failing to prevent harm. Children and young people may be abused in a family or in an institutional or community setting; by those known to them or, more rarely, by a stranger. 18

SIGNS AND SYMPTOMS CATEGORIES OF ABUSE: • Physical • Neglect • Emotional • Sexual 19 Often interlinked

PHYSICAL ABUSE 20

Some specific safeguarding issues: • Child Missing from Education • (CME) • Child Sexual Exploitation (CSE) • • County Lines (organised criminal distribution of drugs) • • Bullying (including • cyberbullying) • • Domestic violence • • Drugs • • Fabricated/induced illness • • Faith abuse • Female genital mutilation (FGM) forced marriage • Gangs and youth violence 21 Gender-based violence/violence against women and girls (VAWG) Mental health Missing children – from home or Care Peer on peer abuse Preventing radicalisation Sexting Teenage relationship abuse Trafficking

The Prevent Duty (last updated March 2016) In July 2015 the government produced a document called; The Prevent Duty Departmental guidance for schools and childcare providers. It states: • “From 1 July 2015 all schools , registered early years childcare providers and registered later years childcare providers are subject to a duty under section 26 of the Counter-Terrorism and Security Act 2015, in the exercise of their functions, to have “due regard to the need to prevent people from being drawn into terrorism”. Under Section 26 of the Act, schools are required…to have “due regard to the need to prevent people from being drawn into terrorism”. This duty is known as the Prevent duty 22

Schools: • are expected to assess the risk of children being drawn into terrorism, including support for extremist ideas that are part of terrorist ideology • should be able to demonstrate that they have a general understanding of the risks affecting children and young people in the area and a specific understanding of how to identify individual children who may be at risk of radicalisation and what to do to support them • should have clear procedures in place for protecting children at risk of radicalisation • must ensure children are safe from terrorist and extremist material when accessing the internet in schools • should ensure suitable filtering is in place • should teach pupils about online safety more generally • staff should understand when it is appropriate to make a referral to the Channel programme (a programme which focuses on providing support at an early stage to people who are identified as being vulnerable to being drawn into terrorism). 23

WHAT STOPS CHILDREN TELLING? • • 24 Direct threats. Fear. Guilt and shame. Awareness of possible implications. Silence protects others. Lack of appropriate vocabulary. May not recognise abusive experience as abuse. May love the abuser and feel they are special. Lack of opportunity to be heard.

DUTY TO REFER All professionals have a duty to refer cases where abuse is known to have occurred or is suspected. No professional has the right or responsibility to withhold information or to respect a child’s/young person’s wish for confidentiality. Be aware of systems within the school: • Safeguarding Policy • Staff Behaviour Policy • The name of the Designated Safeguarding Lead and how to access them • Regular training • Know the signs and symptoms to look out for 25

Golden Rules DO • Listen carefully • Clarify the facts • Make accurate notes using the child’s words • Inform the designated person for child protection • Tell the child that they have done the right thing by telling you 26 DON’T • Ask leading questions • Use your own words to describe events • Investigate • Promise confidentiality

Where can we go for more information? Your place of training will have a named person for Safeguarding and your tutors/mentor(s) will also be able to advise you In school speak to the DSP, read information, policies, etc. www. education. gov. uk/childrenandyoungpeople/ safeguardingchildren/protection And each local authority has a Local Safeguarding Children Board (LSCB) Essex Local Safeguarding Board (ESCB) & the SET Procedures (revised Jan 2018) 27

ACTIONS INTERPRETED AS ABUSIVE Physical Abuse Any form of physical assault (including attempts): Kicking Punching Pushing Slapping Shaking Throwing a missile 28 Sexual Abuse of position of trust. Any form of sexual assault. Possession of indecent photographs or images of children. Emotional Abuse & Neglect Racial / homophobic comments or Behaviour, or failing to address this in others. Persistent sarcasm or belittling pupils. Showing indecent or pornographic material to children. Bullying pupils, or failing to address it in others. Inappropriate touching, language or Behaviour towards a child. Creating a climate of fear. Inappropriate punishments. Failing to protect a child from physical danger.

EXAMPLES OF ACTIONS THAT MAY BE INTERPRETED AS BOTH ABUSIVE & NON-ABUSIVE • • • 29 Inviting pupils to their homes Giving pupils gifts Offering pupils lifts outside normal duties Singling individual pupils out for special attention Seeing pupils socially

EXAMPLES OF ACTIONS THAT MAY BE INTERPRETED AS NON-ABUSIVE – Shepherding pupils. – Comforting pupils – Applying restraint consistent with legislation and guidance (S. 550 A Education Act 1996 and Circular 10/98) – Removing, with reasonable force, potentially dangerous items from a pupil’s possession, or a pupil from a dangerous location. 30

Legal and Statutory Context www. education. gov. uk/aboutdfe/advice/f 0077153/use-of-reasonable-force. . New info for reviewuse of reasonable force - advice for headteachers staff and governing bodies - final july 2013_001. pdf • 31 Section 550 A of the Education Act 1996 (sect. 9) allows teachers and others authorised by the Head to have control or charge of pupils to use such force as is reasonable to prevent a pupil from doing, or continuing to do, any of the following: – – committing a criminal offence injuring themselves or others causing damage to property engaging in any behaviour prejudicial to maintaining good order

LEGAL CONSIDERATIONS The following would almost certainly be considered unreasonable: – Hitting a child – Shaking a child – Pulling a child’s hair – Holding a child’s arm behind his or her back – Excessively squeezing any part of a child’s body 32

MORE INFORMATION AND GUIDANCE • Keeping children safe in education – Statutory guidance for schools and colleges. Df. E May 2018 – implemented from Sept 2018 (replaces earlier version April 2016) N. B. ALL STAFF MUST READ PART 1 + ANNEX A • Working together to safeguard children 2015. Df. E March 2015 (replaces earlier versions, revised Feb 2018) • Section 175 of the Education Act 2002 • Ofsted briefing: Inspecting safeguarding in early years, education and skills settings. Last updated Aug 2016 • Df. E Characteristics of Children in Need in England 2016 -17. November 2017 • Guidance to the Safer Working Practice for Adults who Work with Children and Young People in Education Settings. Df. E 2015 • Preventing and tackling bullying. Df. E July 2017 • Use of reasonable force. Df. E July 2015 • Local Safeguarding Children Boards (LSCBs) • The Prevent Duty Df. E June 2015 33

And finally. . . just check: 1. Am I clear enough about my role in school and that of other key people? 2. Am I clear about the relevant policies and procedures in school? 3. Am I clear about what I should do if I am concerned about a child’s welfare? 4. Am I clear about the appropriate sources of advice and support available to me? 5. Is there anything I need to speak to the DSP about? 6. Any questions? 34