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(From Safeguarding Children and Safer Recruitment in Education HMSO 2006):
“All schools should have procedures for dealing with allegations, and all staff and volunteers should understand what to do if they receive an allegation against another member of staff, or if they, themselves, have concerns about the behaviour of another member of staff. The procedure should make it clear that all allegations should be reported straight away, normally to the head teacher or principal, and identify the person (often the chair of governors or proprietor) to whom reports should be made in the absence of the head teacher or principal or in cases where the head teacher or principal is the subject of the allegation or concern. Procedures should also include contact details for the designated local authority officer responsible for providing advice and monitoring cases”. (s5.2)
Where it is alleged that a teacher or member of staff (including a volunteer) in a school, F.E. College or other educational establishment has:
“behaved in a way that has harmed a child, or may have harmed a child; possibly committed a criminal offence against or related to a child; or behaved towards a child or children in a way that indicates she/he is unsuitable to work with children the local authority designated officer (LADO) should be informed”. (s5.1 and 5.14).
The Guidance makes it clear that:
“it is important to ensure that even allegations that appear less serious are seen to be followed up and taken seriously, and that they are examined objectively by someone independent of the school or F.E. College concerned”. (s5.14).
According to “Safeguarding Children and Safer Recruitment in Education” (HMSO 2006), Governing bodies and proprietors of Independent Schools” should ensure that:
“the head teacher and all other staff who work with children undertake training to equip them to carry out their responsibilities for child protection effectively, that is kept up to date by refresher training at three yearly intervals, and temporary staff and volunteers who work with children are made aware of the school’s arrangement for child protection and their responsibilities”. (s2.19 and 2.22).
“It is helpful if all members of governing bodies undertake training about child protection to ensure they have the knowledge and information needed to perform their functions and understand their responsibilities”. Some governing bodies have found it helpful for an individual member of the governing body to champion child protection issues within the school”. (s.2.18).
These arrangements are also endorsed in “Working Together to Safeguard Children” (HMSO 2004). Guidance document “What to do if you are worried a child is being abused” (HMSO 2006), clarifies that:
“All those who come into contact with children and families in their everyday work have a duty to safeguard and promote the welfare of children”. (p.8).
As well as requiring that all such staff and volunteers be familiar with and follow their organisations procedures, this guidance also states that, if a member of staff has concerns about a child’s welfare, they should:
“Discuss your concern with your manager or designated member of staff. If you still have concerns, you or your manager could also, without necessarily identifying the child in question, discuss your concerns with senior colleagues in another agency if you consider the child is or may be in need, you should refer the child and family to children’s social care. This may include a child whom you believe is, or may be at risk of suffering significant harm”. (p. 11.1 and 11.2).
According to “Safeguarding Children and Safer Recruitment in Education” (HMSO 2006) Governing bodies (and proprietors of independent schools) should ensure that:
“A senior member of the school’s leadership team is designated to take lead responsibility for dealing with child protection issues, providing advice and support to others. The designated person need not be a teacher but must have the status and authority within the school management structure to carry out the duties of the post, including committing resources to child protection matters, and where appropriate directing other staff”.
“In many schools a single designated person will be sufficient, but a deputy should be available to act in the designated person’s absence. In large establishments, or those with a large number of child protection concerns, it may be necessary to have a number of deputies to deal with the workload”.
“In independent schools which are organised into separate junior and senior parts on different site’s or with a separate management line, there should be a designated person for each part or site”.
Governing bodies and proprietors should also ensure that:
“In addition to basic child protection training the designated person undertakes training in inter-agency working that is provided by, or to standards agreed by, the Local Safeguarding Children Board, and refresher training at two yearly intervals to keep his or her knowledge or skills up to date”. (s2.19 and 2.22).
The responsibilities proposed for the Designated Senior Person for Child Protection, according to this guidance, are as below:
Under sections 175 and 157 of the Education Act 2002, schools of all kinds, as well as F.E. colleges, have a duty to have arrangements for carrying out their functions with a view to safeguarding and promoting the welfare of children. The website http://www.teachernet.gov.uk/childprotection includes examples of good practice and model policies. Governing bodies of schools, as well as proprietors of independent schools, owe a common laws duty of care towards the children (i.e. all under 18 years of age) for whom they are responsible.
According to “Safeguarding Children and Safer Recruitment in Education” (HMSO 2006) Governing bodies (and proprietors of independent schools):
“Should ensure that the school has a child protection policy and procedures in place that are in accordance with local authority guidance and locally agreed inter-agency procedures, and the policy is made available to parents on request”. (s2. 19 and s2.22).