Child Protection and Safeguarding Policy and Procedures

1. General Policy Statement

1.1 Hartpury College (the College) recognises that it has a statutory and moral duty to ensure that the College safeguards and promotes the welfare of young people receiving education and training at the College.  The term “children” means “those under the age of 18”. The Corporation recognises that some adults are also vulnerable to abuse.  Accordingly, the procedures may be applied (with appropriate adaptations) to allegations of abuse and the protection of vulnerable adults.

1.2 The abuse of children and young people is one of the most difficult issues that staff may be called upon to deal with, but one that cannot be ignored. Tutors, other College staff and work experience providers are particularly well placed to observe outward signs of abuse, changes in behaviour, or failure to develop, which may be indicators that abuse is taking place within the young person’s life.  It is not however the responsibility of the College, its staff or work experience providers to investigate alleged abuse.

1.3 The College will work with the Gloucestershire Safeguarding Children Board (Gloucestershire SCB - formally the Gloucester Area Child Protection Committee), the police and the Children and Young Peoples Directorate while always placing the welfare of the young person at the centre of any actions taken.

2. Purpose

2.1 The purpose of this policy and procedures is to ensure that the College responds in a measured and supportive manner to reports or suspicions of abuse.

3. Principles

3.1 The Hartpury College Corporation (the Corporation) is committed to ensuring that the College:

-          provides a safe environment in which young people can learn

-          identifies young people  who are suffering, or likely to suffer, significant harm, and

-          takes appropriate action to see that such young people are kept safe, both at home and at the College.

3.2 In pursuit of these aims, the Corporation will approve and annually review policies and procedures with the aim of:

-        raising awareness of issues relating to the welfare of young people and the promotion of a safe environment for learning within the College;

-        aiding the identification of young people at risk of significant harm, and providing procedures for reporting concerns;

-         establishing procedures for reporting and dealing with allegations of abuse against members of staff;

-                 the safe recruitment of staff.

3.3 The Corporation has nominated a Governor with special responsibility for child and young person protection issues.  The Governor will undertake appropriate training.  The specific responsibilities of the nominated Governor are in Appendix 1.

3.4 In developing the policies and procedures, the Corporation will take account of, guidance issued by the Department for Education and Skills, the Association of Colleges and other relevant bodies and groups.  This policy and procedures will be developed in consultation with the Gloucestershire SCB and the Gloucestershire Safeguarding Children Service.

4. Roles

4.1 A designated senior member of the College staff will have lead responsibility for young person protection issues.

4.2 Any member of staff who either by virtue of a young person’s behaviour becomes suspicious of abuse, or is told that abuse has taken place, should immediately inform one of the designated staff members within the College.  As a basic rule, only those people who need to know should be told of the incident or allegation.

4.3 The College will refer any concern that a child might be at risk of significant harm to the Gloucestershire Children and Young Persons Directorate.

4.4 The Corporation:

 - will receive from the designated senior member of staff with lead responsibility for young person protection an annual report which reviews how the duties have been discharged.

- notes and draws to the attention of the College staff the criminal offences that may be committed in connection with the welfare of young people, in particular those involving abuse of trust which prohibit staff from engaging on or encouraging sexual activity with young people.

-     acknowledges and will comply with its obligations in connection with the provision of residential accommodation for those under 18 set out in the National Minimum Standards

4.5 The Principal and all staff working with young people will receive training adequate to familiarise them with child protection issues and responsibilities and the College procedures and policies, with refresher training at least every 3 years. 

5. Responsibilities

5.1 The designated senior member of staff with lead responsibility for young person protection issues is the Director of HR & Residential Services who:

 - has a key duty to take lead responsibility for raising awareness within the staff of issues relating to the welfare of children and young people, and the promotion of a safe environment for the children and young people learning within the College. 

 - will receive training in young person protection issues and inter-agency working, as required by the Gloucestershire SCB and the Gloucestershire Children and Young Persons Directorate, and will receive refresher training at least every 2 years.

- will keep up to date with developments in child and young person protection issues.

- will provide an annual report to the Corporation setting out how the College has discharged its duties.

- is responsible for reporting deficiencies in procedure or policy identified by the Gloucestershire SCB (or others) to the Corporation at the earliest opportunity.

5.2 The specific responsibilities of the designated senior member of staff with lead responsibility are described in Appendix 2.

5.3 Other designated members of staff with responsibility for young person protection issues are:

 - Head of Student Support & Welfare who is the  College’s designated Child Protection Officer who can be contacted on 01452 702432 or 07932 052797

or in their absence and out of hours:

 - Director of HR & Residential Services who can be contacted on 07807 070397.

or in their absence:

 - the Staff Warden on duty should contact the Head Warden immediately.

or for young people on work placements:

- the Head of Department responsible for the curriculum area should contact the Head of Student Support & Welfare or Director of HR & Residential Services immediately.

5.4 The specific responsibilities of these other designated members of staff are described in Appendix 3.

6 Definitions

6.1 Types of abuse are difficult to define precisely or fully. However, the following examples are indicative of various types of abuse:

- Physical Abuse: Young persons are physically hurt, injured or in extreme cases killed. This can involve hitting, shaking, squeezing, burning and biting. It also includes giving a young person poisonous substances, inappropriate drugs and alcohol, and attempted suffocation or drowning.

- Neglect: Young people are not provided with the basic things needed to survive. This can include not providing appropriate food, clothes, warmth and medical care or leaving them alone unsupervised.

- Emotional Abuse: Young people are made to feel unwanted, ugly, worthless, and guilty of being unloved. This can occur when a constant lack of love and affection, or threats, verbal attacks, taunting and shouting can lead to a young person’s loss of confidence and self-esteem.

- Sexual Abuse: Young people are abused by adults, adolescents or even other young people who use them to meet their own sexual needs. This may extend to sexual intercourse, or attempted sexual intercourse but more often involves fondling, masturbation and oral sex. Young people are sometimes exposed to anal intercourse. They are also sometimes exposed to, or used in the production of, pornographic material including videos.

7. Procedures for responding to reports or suspicions of abuse

7.1 If a young person begins to talk about an abusive incident, he/she should be allowed to speak, but should only be questioned with care. No leading questions should be asked or words suggested. Questioning should seek only to clarify in order to be sure that what the young person is saying is understood. 

7.2 Staff should not investigate concerns or allegations themselves, but should report them immediately (within 2 hours) to one of the designated members of College staff (identified in paragraph 5.3).

7.3 If any injury requires immediate treatment the designated members of staff should arrange this without delay, in whichever way seems appropriate. The designated member of staff should then continue to follow the procedure and flowchart as described in Appendix 4.  Staff should complete the form as attached in Appendix 5 and ensure it is sent to the Child Protection Officer within 2 hours.

7.4 The designated members of staff will report internally to the Child Protection Officer.

7.5 All notes of interviews will be placed on a private and confidential file held in the Welfare Office..  College staff involved will be informed by the designated members of staff of the need for complete confidentiality on their behalf.

7.6 Generally staff other than the designated members of staff or the Principal should not make referrals. However, if after discussion with the designated members of staff a member of staff believes that a referral should be made but the designated member of staff does not, he or she may make the referral in accordance with Gloucestershire Children and Young Peoples Directorate guidelines. Referrals must be made within 24 hours in writing or with written confirmation of a telephone referral.

8. Procedures for responding to alleged abuse by a member of college staff.

8.1 In rare instances, members of staff of an educational institution have been found responsible for abuse against a young person.  Because of their frequent contact with children and young people, staff may have allegations of child abuse made against them.  The College recognises that an allegation of child abuse made against a member of staff may be made for a variety of reasons and that the facts of the allegation may or may not be true.  It is imperative that those dealing with an allegation maintain an open mind and those investigations are thorough and not subject to delay.

8.2. The College recognises that the Children Act 1989, and subsequent acts, states that the welfare of the young person is the paramount concern.  It is also recognised that hasty or ill-informed decisions in connection with a member of staff can irreparably damage an individual’s reputation, confidence and career. Therefore, those dealing with such allegations within the College will do so with sensitivity and will act in a careful, measured way.

8.3 A member of staff receiving a complaint against a member of staff should immediately report it to a designated member of staff who in turn should report it to the Principal.

8.4 A member of staff receiving a complaint against a designated member of staff should report it immediately to the Principal or in his absence the Vice Principal/Director of HR & Residential Services

8.5 The Principal will report the incident to the Gloucestershire SCB who will then meet urgently to plan any further appropriate action.

8.6 A member of staff receiving a complaint against the Principal should immediately contact the senior member of staff with lead responsibility for child protection. He/She should then contact the Chair of the Corporation who should contact the Gloucestershire SCB who will then meet urgently to plan any further appropriate action.

8.7 The procedure that the Principal (or designated senior member of staff if the allegation is against the Principal) should follow is in Appendix 6.

9. Procedures for safer selection and recruitment

9.1 In order to safely recruit staff the College’s existing recruitment and selection procedures takes account of the following:

- They apply to staff and volunteers who may work with children and young people.

- The post or role is clearly defined.

- The key selection criteria for the post or role are identified.

- Vacancies are advertised widely in order to ensure a diversity of applicants.

- Documentary evidence of academic/vocational qualifications is required.

- Professional and character references are obtained.

- Previous employment history is verified.

- Criminal Records Bureau disclosure/List 99 checks are made (sensitive and confidential use of the applicant’s disclosure is maintained) in advance of the staff member starting employment

- A variety of selection techniques (e.g. qualifications, previous experience, interview, reference checks) are used.

9.2 Employers who provide extended work experience opportunities (i.e. over 15 days) for young people are required by the College to confirm their agreement that they will:

-        Monitor the young person’s welfare, and to take appropriate action should any suspicions of improper conduct arise.

-        nominate a designated supervisor for all young people who will be in the workplace

-        ensure that the supervisor/employer has completed and signed the welfare declaration (appendix 7) and where appropriate a Criminal Records Bureau (CRB) check before the child takes up the placement.

-        make the supervisor aware of the College’s Child Protection Policy and Procedures, and will receive basic guidance on relevant issues.

-        consider the appropriateness of leaving the supervisor and the young person alone together for long periods, and where necessary, will avoid the situation arising.

-        build a relationship of trust with the young person, to the point where the young person feels confident enough to raise concerns about his/her welfare, should they arise.

-        notify the College of any such issues immediately.

-        accept the College’s nominated and appropriately trained member of staff to be the first line contact on issues of child and young person protection. This contact will brief the employer, and supervisor, prior to the young person commencing the placement, and will be available to give advice on any issue which may arise.

-        inform the employer that where they have a suspicion of abuse against a young person they can contact the Gloucestershire Children and Young Peoples Directorate prior to informing the College.

Publication

The College will publish this policy on the staff intranet and it will form part of student joining instructions.

First approved by the Corporation 12^th July 2006

Amended 25^th July 2007

Reviewed 10^th July 2008

Amended 14^th July 2009

Reviewed 14^th July 2010

Amended 14^th July 2011

Appendix 1

Responsibilities of the nominated Governor:

1. The nominated Governor is responsible for liaising with the Principal and senior staff member with lead responsibility over matters regarding child protection, including ensuring that the:

- College has procedures and policies which are consistent with the Gloucestershire SCB procedures

- Corporation considers the College policy on child protection each year

- Corporation is informed each year of how the College and its staff have complied with the policy, including but not limited to a report on the training that staff have undertaken.

2. The nominated Governor will be a key link with, and is responsible for, overseeing the liaison between agencies such as the Police, Social Services (as defined by the Gloucestershire SCB) in connection with allegations against the Principal.  This will not involve undertaking any form of investigation, but will ensure good communication between the parties and the provision of information to assist enquiries.

3. To assist in these duties, the nominated Governor shall receive appropriate training

Appendix 2

Responsibilities of the designated senior member of staff:

1. Overseeing the referral of cases of suspected abuse or allegations to the Gloucestershire Children and Young Peoples Directorate
2. Providing advice and support to other staff on issues relating to child and young person protection 
3. Maintaining a proper record of any child protection referral, complaint or concern (even where that concern does not lead to a referral)
4. Ensuring that parents of children and young people within the College are aware of the College’s child protection policy
5. Ensuring liaison with the LEA, the Gloucestershire SCB, Gloucestershire Children and Young Peoples Directorate and other appropriate agencies
6. Ensuring liaison with secondary schools which send pupils to the College to ensure that appropriate arrangements are made for the pupils
7. Ensuring liaison with employers and training organisations that receive children or young people from the College on long term placements to ensure that appropriate safeguards are put in place
8. Ensuring that staff receive basic training in child protection issues and are aware of the College child protection procedures

Appendix 3

Responsibilities of other designated staff members:

1. Reporting to the designated senior member of staff with lead responsibility
2. Knowing how to make an appropriate referral
3. Being  available to provide advice and support to other staff on issues relating to child protection
4. Having particular responsibility to be available to listen to children and young people studying at the College
5. Dealing with individual cases, including attending case conferences and review meetings as appropriate.
6. Having received training in child protection issues and inter-agency working, as required by the Gloucestershire SCB, and will receive refresher training at least every 2 years
7. Holding current child protection documents issued by Gloucester SCB and that these are kept up to date through reference to the appropriate web sites.
8. Ensuring all members of staff receive appropriate training as part of their induction.
9. Ensuring that the procedures are followed within the College.
10. Liaison over child protection procedures with the Social Services Department.
11. Receiving reports of alleged or suspected child abuse within the College, or reported by a student relating to incidents at home or outside the College, contacting the Social Services Department and taking other action in response

NOTE: Work placement providers will complete the proforma in Appendix 6.

Appendix 4

Detailed procedures for responding to reports or suspicions of abuse 

1 The designated member of staff should not investigate the allegation further but should refer to the Child Protection Officer and discuss what action needs to be taken.

2 The designated member of staff will inform the young person who made the initial allegation, what the next steps are to be. The young person and designated member of staff must be kept informed of progress.

3 The Child Protection Officer may want to arrange for the young person to be further interviewed to substantiate the concern. The Child Protection Officer and the Gloucestershire Children and Young Peoples Directorate will agree further appropriate action.

4 If the child is felt to be in any danger he/she should not be allowed to go home, if at all possible.

5 The discussions with the Gloucestershire Children and Young Peoples Directorate should involve consideration of how, when and by whom the parents should be informed of the concern, bearing in mind on one hand the need to protect the young person and on the other the duty of the Social Services Department to work in partnership with parents wherever possible. Normally the College will take responsibility for informing the parents unless otherwise agreed by Social Services Department.

6 The College has a general duty to co-operate with other agencies in cases of suspected child abuse. Designated members of College staff should be prepared to attend child protection conferences, and supply information, in writing if possible, as to any allegations made at College or contact with parent/s or carer/s as well as information concerning academic and general progress at College. If unable to attend, written reports should be submitted.

7 Designated members of College staff should be prepared to be part of the Child Protection Plan formulated by the child protection conference and to monitor future behaviour

8 The young person’s confidentiality will be respected at all times within the confines of dealing with and reporting the incident.

Appendix 5

Child Protection Concern Form

Please download this via the link at the bottom of this page

Appendix 6

Detailed procedures for responding to alleged abuse by a member of College staff

The Principal should:

1. obtain written details of the allegation from the person who received it, that are signed and dated.  The written details should be countersigned and dated by the Principal. A record of times, dates, locations and names of potential witnesses must be made.

2 make an initial assessment of the allegation, consulting with the designated senior member of staff, (or with the nominated Governor) and the Gloucestershire SCB. Where the allegation is considered to be either a potential criminal act or indicates that the young person has suffered, is suffering or is likely to suffer significant harm, the matter should be reported immediately to the Gloucestershire SCB.

3. not investigate the allegation.  The initial assessment will be on the basis of the information received and is a decision whether or not the allegation warrants further investigation.  Other potential outcomes are:

- the allegation represents inappropriate behaviour or poor practice by the member of staff and is neither potentially a crime nor a cause of significant harm to the child.  The matter should be addressed in accordance with the College disciplinary procedures.

- the allegation can be shown to be false because the facts alleged could not possibly be true. 

4. hold in abeyance the College’s own internal enquiries while the formal Police or Social Services investigations proceed; to do otherwise may prejudice the investigation.  Any internal enquiries will conform to the existing staff disciplinary procedures

5. be involved in, and contribute to, any investigation by an external agency, for example the police and/or any inter-agency strategy discussions. 

6. be responsible for ensuring that the College gives assistance with the agency’s enquiries. 

7. ensure that appropriate confidentiality is maintained in connection with the enquiries, in the interests of the member of staff about whom the allegation is made. 

8. advise the member of staff that he/she should consult with a representative, for example, a trade union.

9. consult with the Police or other investigating agency (e.g. Social Services), particularly in relation to timing and content of the information to be provided, and shall:

- inform the young person or parent/carer making the allegation that the investigation is taking place and what the likely process will involve.

- ensure that the parents/carers of the young person making the allegation have been informed that the allegation has been made and what the likely process will involve. 

- inform the member of staff against whom the allegation was made of the fact that the investigation is taking place and what the likely process will involve. 

- inform the Chair of the Corporation (and/or the nominated governor) of the allegation and the investigation.

- keep a written record of the action taken in connection with the allegation.

Suspension:

10. Suspension should not be automatic.  In respect of staff other than the Principal, suspension can only be carried out by the Principal.  In respect of the Principal, suspension can only be carried out by the Chair of the Corporation (or in his/her absence, the Vice Chair).

11. Suspension may be considered at any stage of the investigation.  It is a neutral, not a disciplinary action and shall be on full pay.  Consideration should be given to alternatives: e.g. paid leave of absence; agreement to refrain from attending work; change of, or withdrawal from, specified duties.

12. Suspension should only occur for a good reason.  For example:

- where a young person is at risk.

- where the allegations are potentially serious enough to justify dismissal on the grounds of gross misconduct.

- where necessary for the good and efficient conduct of the investigation.

13. If suspension is being considered, the member of staff should be encouraged to seek advice, for example from a trade union.

14. Prior to making the decision to suspend, the Principal (or Chair or Vice Chair of the Corporation) should interview the member of staff (or the Principal).  This should occur with the approval of the appropriate agency identified by the Gloucestershire SCB.  In particular, if the Police are engaged in an investigation the officer in charge of the case should be consulted. 

15. The member of staff should be advised to seek the advice and/or assistance of his/her trade union and should be informed that they have the right to be accompanied by a friend.  The member of staff should be informed that an allegation has been made and that consideration is being given to suspension. It should be made clear that the interview is not a formal disciplinary hearing, but solely for raising a serious matter which may lead to suspension and further investigation.

16. During the interview, the member of staff should be given as much information as possible, in particular the reasons for any proposed suspension, provided that doing so would not interfere with the investigation into the allegation.  The interview is not intended to establish the member of staff’s innocence or guilt, but give the opportunity for the member of staff to make representations about possible suspension.  The member of staff should be given the opportunity to consider any information given to him/her at the meeting and prepare a response, although that adjournment may be brief.

17. If the Principal (or Chair, or Vice Chair, of the Corporation) considers that suspension is necessary, the member of staff shall be informed that he/she is suspended from duty.  Written confirmation of the suspension, with reasons, shall be despatched as soon as possible and ideally within one working day.

18. Where a member of staff is suspended, the Principal (or Chair, or Vice Chair, of the Corporation) should address the following issues:

- the Chair of the Corporation should be informed of the suspension in writing.

- the Corporation should receive a report that a member of staff has been suspended pending investigation; the detail given to the Corporation should be minimal

- where the Principal has been suspended, the Chair or Vice Chair of the Corporation will need to take action to address the management of the College

- the parents/carers of the young person making the allegation should be informed of the suspension.  They should be asked to treat the information as confidential.  Consideration should be given to informing the young person making the allegation of the suspension

- senior members of staff that need to know of the reason for the suspension should be informed

19. Depending on the nature of the allegation, the Principal should consider (with the nominated Governor) whether a statement to the students of the College and/or parents/carers should be made, taking due regard of the need to avoid unwelcome publicity

20. The Principal shall consider carefully and review the decisions as to who is informed of the suspension and investigation.  The Gloucestershire SCB and external investigating authorities should be consulted. 

21. The suspended member of staff should be given appropriate support during the period of suspension.  He/she should also be provided with information on progress and developments in the case at regular intervals. 

22. The suspension should remain under review in accordance with the College disciplinary procedures.

23. In the event of a disciplinary investigation, it will be conducted in accordance with the existing staff disciplinary procedures.

24. The member of staff should be informed of:

- the disciplinary charge against him/her.

- his/her entitlement to be accompanied or represented by a trade union representative or friend.

25. Where the member of staff has been suspended and no disciplinary action is to be taken, the suspension should be lifted immediately and arrangements made for the member of staff to return to work.  It may be appropriate to offer counselling.

26. The young person(s) making the allegation and/or their parents should be informed of the outcome of the investigation and proceedings.  This should occur prior to the return to College of the member of staff (if suspended). 

27. The Principal (or designated person) should give consideration to what information should be made available to the general population of the College.

28. Where allegations are found to be without foundation such false allegations may be indicative of problems of abuse elsewhere.  A record should be kept and consideration given to a referral to the Gloucestershire SCB, local Social Services department or agency as determined by local arrangements, in order that other agencies may act upon the information.

29. In consultation with the designated senior member of staff (and/or the nominated Governor), the Principal shall:

- inform the member of staff against whom the allegation is made orally and in writing that no further disciplinary or child protection action will be taken. Consideration should be given to offering counselling/support.

- inform the parents/carers of the alleged victim that the allegation has been made and of the outcome.

- where the allegation was made by a young person other than the alleged victim, consideration be given to informing the parents/carers of that young person.

- prepare a report outlining the allegation and giving reasons for the conclusion that it had no foundation and confirming that the above action had been taken.

30. It is important that documents relating to an investigation are retained in a secure place, together with a written record of the outcome and, if disciplinary action is taken, details retained on the member of staff’s personal and confidential file.  Where the allegation is found to be without foundation, a record of the allegation, investigation and outcome should be retained.

31. If a member of staff is dismissed or resigns before the disciplinary process is completed, he/she should be informed about the College’s statutory duty to inform the Secretary of State for Education under the “List 99” procedures. 

32. Where an allegation has been made against a member of staff, the nominated Governor, together with the senior staff member with lead responsibility should, at the conclusion of the investigation and any disciplinary procedures, consider whether there are any matters arising from it that could lead to the improvement of the College’s procedures and/or policies and/or which should be drawn to the attention of the Gloucestershire SCB.  Consideration should also be given to the training needs of staff.

Appendix 7

Safeguarding Children in Work Placements

The College recognises its responsibilities under the Education Act 2002, which seeks to ensure that all children involved in education, are protected by adequate procedures to safeguard their welfare. “Children” are defined as anyone under the age of 18 who are involved in formal education or training. As such, the Act covers students in full time or part time education, including Apprenticeships. To meet these responsibilities, the College requires all employers who provide extended work experience opportunities (over 15 days), to confirm their agreement to provide the safeguards stated below.

1. The employer agrees to monitor the young person’s welfare, and to take appropriate action should any suspicions of improper conduct arise.
2. All students and apprentices, who will be in the workplace, will have a designated supervisor.
3. Ensure that the supervisor/employer has completed and signed the welfare declaration and where appropriate a Criminal Records Bureau (CRB) check before the child takes up the placement.
4. This supervisor will be made aware of the College’s Child Protection policy, and will be given basic guidance on relevant issues.
5. The employer will consider the appropriateness of leaving the supervisor and young people alone together for long periods, and where necessary, will avoid the situation arising.
6. The employer will build a relationship of trust with the young person, to the point where he/she feels confident enough to raise concerns about his/her welfare, should they arise.
7. The employer agrees to notify the College of any such issues immediately.
8. The College agrees to nominate an appropriately trained member of staff to be the first line contact on issues of child protection. This contact will brief the employer, and supervisor, prior to the young person commencing the placement, and will be available to give advice on any issue which may arise.

 

Name of student …………………………………………………

Employer’s name ………………………………………………..

Nominated supervisor ……………………………………………

The College nominated person is ………………………………………

I understand my responsibilities under the terms of this agreement, and confirm that I will take all reasonable action to safeguard the welfare of all young persons in my care.

Signed ……………………………………..

Name (please print) …………………………………..            

Date …………………

Signed on behalf of the College …………………………………

Position …………………………………….                                

Date ………………… 

Additional Downloads:
Appendix 5 - Child Protection Concern Form
Child Protection and Safeguarding Policy

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