General Policy Statement

Lincoln College has a statutory and moral duty to ensure that the College functions with a view to safeguarding and promoting the welfare of children and young people receiving education and training at the College.

Throughout these policies and procedures, reference is made to ‘children and young people’. This term is used to mean ‘those under the age of 18’. The Board of Corporation recognise 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.

The Board of Corporation is committed to ensuring that the College:

• Provides a safe environment for children and young people to learn in

• Identifies children and young people who are suffering, or likely to suffer, significant harm, and

• Takes appropriate action to see that such children and young people are kept safe, both at home and at the College.

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

• Raising awareness 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

• Aiding the identification of children and 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

In developing the policies and procedures, the Board of Corporation will consult with, and take account of, guidance issued by the DCSF and DIUS and other relevant bodies and groups. The procedures have been developed in co-operation with the Local Safeguarding Children Board.

The College will refer concerns that a child or young person might be at risk of significant harm to Children’s Services / the appropriate agencies as agreed with the LSCB.

The Principal and all staff working with children will receive training adequate to familiarise them with safeguarding, child protection issues and responsibilities and the College procedures and policies, with refresher training at least every 3 every years. The Vice Principal will have special responsibility for child protection issues (the designated senior member of staff with lead responsibility for child protection he/she shall be assisted by other members of staff with responsibility of child protection).

The Board of Corporation will receive from the designated senior member of staff with lead responsibility for safeguarding / child protection an annual report which reviews how the duties have been discharged.

The governing body recognises the following as definitions of abuse:

Physical Abuse

Physical abuse causes harm to a child or young person’s person. It may involve hitting, shaking, throwing, poisoning, burning, scalding, drowning or suffocating. It may be done deliberately or recklessly, or be the result of a deliberate failure to prevent injury occurring.

Neglect

Neglect is the persistent or severe failure to meet a child or young person’s basic physical and/or psychological needs. It will result in serious impairment of the child or young person’s health or development.

Sexual Abuse

Sexual abuse involves a child or young person being forced or coerced into participating in or watching sexual activity, looking at or being involved in the production of pornographic materials or encouraging them to behave in sexually inappropriate ways. It is not necessary for the child or young person to be aware that the activity is sexual and the apparent consent of the child or young person is irrelevant.

Emotional Abuse

Emotional abuse occurs where there is persistent emotional ill treatment or rejection. It causes severe and adverse effects on the child or young person’s behaviour and emotional development, resulting in low self worth. Some level of emotional abuse is present in all forms of abuse.

 

Designated Staff with Responsibility for Child Protection

Senior Staff Member with Lead Responsibility

The designated senior member of staff with lead responsibility for child protection issues is Gordon Gillespie, Vice Principal, ext 6500.

He 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.

He has received training in child protection issues and inter-agency working, as required by the LSCB and will receive refresher training at least every 2 years. This multi-agency training is referred to by OfSTED as Level 2 training. He should keep up to date with developments in safeguarding and child and vulnerable adult protection issues.

The designated senior member of staff is responsible for:

• Overseeing the referral of cases of suspected abuse or allegations to the relevant investigating agencies as agreed with LSCB

• Providing advice and support to other staff on issues relating to safeguarding and child protection

• Maintaining a proper record of any safeguarding and child protection referral, complaint or concern (even where that concern does not lead to a referral)

• Ensuring that parents of children and young people within the College are aware of the College’s protection policy

• Liaising with Children’s Services and LSCB and other appropriate agencies

• Liaising with secondary schools which send pupils to the College to ensure that appropriate arrangements are made for the pupils

• Liaising 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

• Ensuring that staff receive basic training in safeguarding and child protection issues and are aware of the College safeguarding and child protection procedures.

The designated senior member of staff will provide an annual report to the governing body of the College setting out how the College has discharged its duties. He is responsible for reporting deficiencies in procedure or policy identified by the LSCB (or others) to the Board of Corporation at the earliest opportunity.

Designated Staff Members

Other designated members of staff with responsibility for child protection issues are: Rachel Overton – Director of Student Services and designated Safeguarding Officer – x 6222, Oliver Bostock, Deputy Head of Student Services – x 6220.

They

• Report to the senior member of staff with lead responsibility

• Will know how to make an appropriate referral

• Will be available to provide advice and support to other staff on issues relating to safeguarding and child protection

• Have particular responsibility to be available to listen to children, young people and vulnerable adults studying at the College

• Will deal with individual cases, including attending CAF meetings, case conferences and review meetings as appropriate.

• Have received training in child protection issues and inter-agency working, as required by the LSCB, and will receive refresher training at least every 2 years. This training is referred to by OfSTED as Level 2 training

Designated Governor

The designated member of the Board of Corporation with responsibility for child protection issues is Ian Shaw, Chairman of the Board of Corporation.

The designated governor is responsible for liaising with the Principal and Senior Staff Member with Lead Responsibility over matters regarding safeguarding child protection, including:

• Ensuring that the College has procedures and policies which are consistent with the LSCB’s procedures

• Ensuring that the Board of Corporation considers the College policy on safeguarding and child protection each year

• Ensuring that each year the Board of Corporation is informed 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.

The designated governor is responsible for overseeing the liaison between agencies such as the police, social services – as defined by the LSCB, in connection with allegations against the Principal or the Senior Staff Member with Lead Responsibility. This will not involve undertaking any form of investigation, but will ensure good communication between the parties and provide information to assist enquiries.

To assist in these duties, the designated governor shall receive appropriate training [as directed by the LSCB].

Dealing with Disclosure of Abuse and Procedure for Reporting Concerns

The procedure will be determined primarily by the LSCB, which establishes the locally agreed inter-agency procedures. The following explains the training around disclosure that all staff receive (Level 1 training)

If a child or young person tells a member of staff about possible abuse:

• Listen carefully and stay calm.

• Do not interview the child or young person, but question normally and without pressure, in order to be sure that you understand what the child or young person is telling you.

• Do not put words into the child or young person’s mouth.

• Reassure the child or young person that by telling you, they have done the right thing.

• Inform the child or young person that you must pass the information on, but that only those that need to know about it will be told. Inform them of to whom you will report the matter.

• Note the main points carefully.

• Make a detailed note of the date, time, place, what the child or young person said, did and your questions etc.

Staff should not investigate concerns or allegations themselves, but should report them immediately to the Designated Person.

 

Reporting and Dealing with Allegations of Abuse Against Members of Staff

The procedures apply to all staff, whether teaching, administrative, management or support, as well as to volunteers. The word “staff” is used for ease of description.

1 Introduction

1.1 In rare instances, staff of education institutions have been found responsible for abuse of children or vulnerable adults. Because of their frequent contact with children and young people, staff may have allegations of abuse made against them. The College recognises that an allegation of 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 that investigations are thorough and not subject to delay.

1.2 The College recognises that the Children Act states that the welfare of the child or 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.

2 Receiving an Allegation from a Child, Young Person or Vulnerable Adult

2.1. A member of staff who receives an allegation about another member of staff from a child or young person should follow the guidelines in Part C for dealing with disclosure.

2.2. The allegation should be reported immediately to the Principal, unless the Principal is the person against whom the allegation is made, in which case the report should be made to the Senior Staff Member with Lead Responsibility or the Designated Governor. The Principal (or designated person if the allegation is against the Principal) should:

2.2.1. 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 (or designated person).

2.2.2. Information about times, dates, locations and names of potential witnesses.

3 Initial Assessment by the designated person

3.1 The designated person should make an initial assessment of the allegation, consulting with the Senior Staff Member with Lead Responsibility (Gordon Gillespie), the Designated Governor and the LSCB as appropriate. Where the allegation is considered to be either a potential criminal act or indicates that the child or young person has suffered, is suffering or is likely to suffer significant harm, the matter should be reported immediately to the LSCB. This is a 24 hour responsibility.

3.2 It is important that the Principal or (designated person) does not investigate the allegation. The initial assessment should be on the basis of the information received and is a decision whether or not the allegation warrants further investigation.

3.3 Other potential outcomes are:

3.31 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 or young person. The matter should be addressed in accordance with the College disciplinary procedures.

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

4 Enquiries and Investigations

4.1 Child protection enquiries by Children’s Services, Social Services or the Police are not to be confused with internal, disciplinary enquiries by the College. The College may be able to use the outcome of external agency enquiries as part of its own procedures. The child protection agencies, including the Police, have no power to direct the College to act on a particular way; however, the College should assist the agencies with their enquiries.

4.2 The College shall hold in abeyance its own internal enquiries while the formal police or social services investigations proceed; to do otherwise may prejudice the investigation. Any internal enquiries shall conform to the existing staff disciplinary procedures.

4.3 If there is an investigation by an external agency, for example the police, the Principal (or designated person) should normally be involved in, and contribute to, the inter-agency strategy discussions. The Principal (or designated person) is responsible for ensuring that the College gives every assistance with the agency’s enquiries. He/she will 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. The Principal (or designated person) shall advise the member of staff that he/she should consult with a representative, for example, a trade union.

4.4 Subject to objections from the police or other investigating agency, the Principal (or designated person) shall:

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

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

4.4.3 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.

4.4.4 inform the Chair of Governors and/or the designated governor of the allegation and the investigation.

4.5 The Principal (or designated person) shall keep a written record of the action taken in connection with the allegation.

5 Suspension of Staff

5.1 Suspension should not be automatic. In respect of staff other than the Principal, suspension can only be carried out by senior postholders. In respect of the Principal, suspension can only be carried out by the Chair of Board of Corporation (or in his/her absence, the deputy chair).

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

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

5.31 where a child or vulnerable adult is at risk.

5.3.2 where the allegations are potentially sufficiently serious to justify dismissal on the grounds of gross misconduct.

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

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

5.5 Prior to making the decision to suspend, the Principal (or Chair or deputy chair of Governors) should interview the member of staff. This should occur with the approval of the appropriate agency from the LSCB. In particular, if the police are engaged in an investigation, the officer in charge of the case should be consulted.

5.6 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.

5.7 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.

5.8 If the Principal (or Chair or Vice Chair of Governors) 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.

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

5.9.1 the Chair of Governors should be informed of the suspension in writing.

5.9.2 the Governing Body should receive a report that a member of staff has been suspended pending investigation, the detail given to the governing body should be minimal

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

5.9.4 the parents/carers of the child or 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 child or young person making the allegation of the suspension

5.9.5 senior staff who need to know of the reason for the suspension should be informed

5.9.6 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

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

5.11 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.

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

6 The Disciplinary Investigation

6.1 The disciplinary investigation should be conducted in accordance with the existing staff disciplinary procedures.

6.2 The member of staff should be informed of:

6.2.1 the disciplinary charge against him/her

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

6.3 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.

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

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

7 Allegations without foundation

7.1 Obviously false allegations may be indicative of problems of abuse elsewhere. A record should be kept and consideration given to a referral to the LSCB in order that other agencies may act upon the information.

7.2 In consultation with the designated senior member of staff and/or the designated Governor, the Principal shall:

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

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

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

7.2.4 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.

8 Records

8.1 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.

8.2 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 ISA (Independent Safeguarding Authority) and, in the case of teachers, IfL.

9 Monitoring Effectiveness

9.1 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 LSCB. Consideration should also be given to the training needs of staff.

 

Recruitment and Selection Procedures

The College will already have recruitment and selection procedures. These should be reviewed in order to ensure that they take account of the following:

• They should apply to staff and volunteers who may work with children

• The post or role should be clearly defined

• The key selection criteria for the post or role should be identified

• Vacancies should be advertised widely in order to ensure a diversity of applicants

• Require documentary evidence of academic/vocational qualifications

• Obtain professional and character references

• Verify previous employment history

• ISA checks (maintain sensitive and confidential use of the applicant’s disclosure)

• Use a variety of selection techniques (eg qualifications, previous experience, interview, reference checks).

 

APPENDIX 1

Social Networking Sites

The following advice is offered in a positive, precautionary spirit and all staff are requested to read and consider it carefully.

The growth of the internet and the popularity of social networking sites such as Facebook and MySpace has raised new challenges for professional staff working with young people in education and other fields. For the first time, through the use of such websites, individuals are encouraged to post information of a personal and, sometimes, intimate nature which previously would have been considered private and only accessible to close confidants.

Anyone tempted to expose details of their private life in a way that is accessible to all must accept that this information will become public and will be available to the widest range of possible interested parties, including (in the case of colleagues working with young people) college students. It can no longer be valid to hold that, because this activity takes place outside the place of work, it is personal and private and nothing to do with third parties such as employers or the authorities. Furthermore, many of those accessing this information will be naïve and may, should they see those they consider as role models in a different light through this exposure, act inappropriately.

The consequences will, of course, depend upon the nature of the material posted. However, it is likely that, where the information is potentially compromising – for example, when it touches upon aspects of a person’s private life in the areas of sexual behaviour, alcohol or drug misuse, activity that may be construed as being violent or illegal etc. – there is a real danger that it will become common knowledge and, as a result, seriously impact upon that colleague’s professional standing.

Should such information become common knowledge, the essential characteristics of the professional relationship with students (those of mutual respect, professional distance, acting as a role model etc) will be compromised. It is also possible that the publicity that ensues will be deemed to have brought the profession and/or the College into disrepute and, as a serious disciplinary offence, threaten that colleague’s continued employment at the College or even in the profession itself.

All staff (whether or not their role involves direct contact with students) must be aware that, should inappropriate personal material posted on a Social Networking site or in other public domains in such a way that it is accessible by the general public (rather than just by invited guests) come to light, it will be considered within the terms of the college’s Disciplinary Procedures and, should it be deemed to have brought the college into disrepute, may result in disciplinary sanctions being imposed.

It may be considered that, for people working as we do in the front-line of public service, the best advice would be not to use such social networking websites at all. Those who choose to do so should understand the potential ramifications and should ensure that they are highly circumspect in deciding upon the nature and detail of any information about themselves that they post in public view. Staff who do maintain social networking sites are advised that, other than in exceptional circumstances, they should not invite students to be a “friend” on such a site or to visit their site.

You are also advised that use of social networking sites is not allowed by the Websense system and that Websense monitors your use of the internet and individual reports are sent to senior managers.

APPENDIX 2

Advice on avoiding allegations and maintaining professional boundaries

1. Staff have an important role in the lives of young people. We are seeking to ensure that staff establish the safest possible learning environments, safeguard young people and reduce the risk of college staff being falsely accused of improper or unprofessional conduct. These apply to all college staff whatever their position, job role or responsibilities.

2. Staff are responsible and accountable for the way they exercise authority, manage and assess risk. It is our staff’s responsibility to protect our students from discrimination and avoidable harm. Staff should understand their responsibilities and must always act in the best interest of students and avoid any conduct which would lead a reasonable person to question their motivation or intentions.

3. There may be situations when staff have to make a decision or use their professional judgement if it is not possible to seek advice from a senior colleague or the Safeguarding Officers. If staff act in the best interest of the welfare of students and undertake responsibility for the duty of care we have, they will be seen to acting reasonably. Where no specific guidance exists, staff should discuss the situation with a manager or seek advice from the Safeguarding Officers. Staff at all levels should ensure that they record in writing any significant event that might involve our duty of care or safeguarding duties.

4. Staff should avoid any behaviour which might be misinterpreted or misconstrued. This includes the following but this is not an exhaustive list.

• Communications. Staff must not give students their personal mobile or landline telephone numbers. Staff must not text students from their personal mobile as the college provides the Janetext system free to staff. Staff must not give students their personal email address as the college supplies a business email address for all staff. Staff working with students on work placements, work experience or other placements should ensure that students are not exchanging telephone numbers of email addresses with employers or supervisors.

• Professional behaviour. Staff should not discuss their own sexual relationships or their sexual orientation with students. Staff must behave in a reasonable professional manner at all times. Staff must not make or encourage others to make unprofessional personal comments which harass, scapegoat, demean or humiliate others and should challenge any contraventions of the college’s Equality and Diversity policy with colleagues, students or other partners.

• Money and gifts. Staff should never lend or give money to students nor give or accept gifts. There is detailed guidance in the college’s Conduct Policy.
• Infatuation. Staff should be aware that some students may develop infatuations with staff and any indications of this should be reported to managers or the Safeguarding Officers.

• Dress and appearance. Staff must be aware that dress and appearance are matters of personal choice but should consider the manner of dress and appearance to ensure they dress decently and safely. Staff whose dress or manner could be considered inappropriate could become vulnerable to criticism or allegation. Clothing worn by staff should not distract, cause embarrassment or give rise to misunderstanding. This would also include wearing of messages, logos or symbols which would be discriminatory or give offence.

• Social contact. Staff should not establish or seek to establish social contact with students for the purpose of securing a friendship or to pursue or strengthen a relationship. Staff should be aware that social contact instigated by a student may be misconstrued. Staff should seek management approval of any planned social events or advise senior staff if they have regular social contact with a student which may give rise to concern.

• Physical contact. In a vocational setting, it is entirely appropriate in some teaching and learning activities for staff to have physical contact with students. Staff must be aware that even well-intentioned physical contact may be misconstrued by the students or others or to someone to whom the action is described. Staff must not indulge in horseplay, fun-fighting, tickling or cuddling students and should always be aware of the need to explain their actions and accept that physical contact may be open to scrutiny. Staff must also be aware of the implications of physical contact when they are alone with a student. There is a genuine reason for staff to speak to students in a 1:1 setting but staff should exercise caution. If staff feel that an incident or behaviour may be misconstrued or misinterpreted, they should record the incident and discuss it immediately with their line manager or the Safeguarding Officers.

• Confidentiality Staff must consider their responsibilities under the Data Protection Act and remember there is no lower age limit for protecting personal data and the law applies to people of all ages. The college will have written data sharing protocols or information exchange agreements with appropriate agencies but staff must also consider that if they discuss people by name out of college (staff or students), they risk being overheard and this action would be deemed a breach of confidentiality and Data Protection duties. Staff are also advised that internet, email and other recording systems (both paper and electronic) should only be used in accordance with college policy and they should avoid making subjective or damaging comments about an individual member of staff or student. Staff have access to confidential information in order to undertake their responsibilities but must never use confidential or personal information about a colleague, student or their family for their own or other’s advantage. Information must never be used to intimidate, embarrass or humiliate a student. Staff must be vigilant that they do not betray confidences in casual conversations with colleagues in staff rooms and should be cautious about passing information to others about a student.

• Medication Staff should never give students any medication unless it has been approved by the college. This includes prescription medication and over the counter remedies such as pain killers.