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HR Procedure 2016/17
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Recruitment flow chart
Use of terms of contract – guidance
Application form (sample)
SCR and new starter check list
Recruitment and selection policy
Probationary policy
Model child protection and safeguarding policy
Child protection procedures
Teachers contract
Support workers contract
Confidentiality statement
Offer of employment
Staff induction checklist Recruitment Flow Chart
Do you have a vacancy?
Assess role – Job Analysis New New or Replacement? Replacement
Draft job description & Seek authority to recruit or replace Update job person specification description & person State which type of Head of School / Head teacher spec State which contract required: (All posts specified within current budget) type of contract Pemanent/Fixed Or (via TLAT Core at Mor) required: Term/Temporary CEO/Executive Principal Pemanent/Fixed (and reasons and term (All new posts/ above budget authorisation) Term/Temporary required if Fixed or Board of Directors (and reasons and
Temporary (All Head of School Headteacher posts) term required if Click for more info Fixed or Temporary Click for more info
Approval, confirmation of internal external See Recruitment recruitment and identification of member of policy staff leading recruitment and member of Recruitment and admin team in school responsible selection policy Admin team within school to send draft Application form advert, advertising details, Job Description, term of employment & Person Specification by email to member of staff leading recruitment Job Advert/Description Finalised & Agreed by member of staff leading recruitment Advert appears as per recruitment guideline See Recruitment policy Recruitment and selection policy
Day after closing date, applications are sent/collected by school Admin team to lead Lead member of staff Shortlist candidates & provides written details of shortlisted candidates to Admin team in school Interview letters sent out (references requested) by Admin team in school Interviews/presentations/tests held Interview Record & Prepare proforma offer SCR employment letter & send to Mor for signature by CEO– check process Offer of employment) Unsuccessful candidates followed informed by school SCR and new starter check list
Employee Takes up Appointment Follow Guidance New Starter forms completed and sent to provided by HR Alison Richomme. admin Cornwall Our payroll provider will issue contracts payroll forms and (model contracts attached for information new starters. Teachers contract Support workers contract ) to the school and copy to Mor) Once confirmed as correct to the offer letter it can be distributed. For existing staff where contracts are being varied a letter of variation is issued, if amending terms of an existing employee contract please liaise with Mor prior to sending. Employee undergoes induction programme Probationary policy Staff induction checklist followed Probationary policy
Use of Fixed Term Contracts
When should we use them?
You are fine to use fixed term contracts when you have a legitimate reason to do so, for example: Where someone is needed for a specific task or project, such as research. Where funding comes from an external source and may not be renewed after a fixed period (typically within charities or education). Where demand for a particular post is not clear and the employer wishes to carry out a trial period before committing themselves to offering a permanent position (not related to the performance of the person themselves) To provide maternity cover, or to cover for someone on sabbatical or long-term sick leave. ( if used for this purpose see the wording for the offer letter and contract) When should we not use them?
We should not use fixed term contracts in the following instances:
For testing / assessing an individual’s ability to do the job For replacing the use of a probationary period When there is no legitimate reason for the post not being permanent Things to be Careful About
MAKING THE OFFER
You should always be mindful that fixed-term employees have the same rights as permanent employees (including for example unfair dismissal if they have 2 years’ service).
You must be explicit in both the contract and offer letter that the post is fixed term.
You should also be explicit in both of these documents about the reason why the post is being offered fixed term, for example:
OFFER LETTER WORDING ( see profroma offer letter on the HR flow chart)
This is a fixed term appointment, ending automatically on [date] due to [insert reason] OR This is a temporary appointment, due to [insert reason], which we anticipate will end on or around [date]
CONTRACT WORDING (Clause 2 on our template) ( our contracts are auto populated by HR admin but please check they are correct to the offer letter before giving to the employee)
The Appointment is fixed term and shall commence on the Commencement Date and shall continue, subject to the remaining terms of this agreement, until it terminates on [DATE] without the need for further notice unless previously terminated by either party in accordance with clause 14 or by the Employer in accordance with clause 5, if applicable.
NOTICE PERIODS The notice period of fixed term contracts is often an issue which is overlooked and becomes an issue when you wanting to terminate the contract. This can apply to notice to end the contract at the end of the fixed term (although see our advice below) as well as notice to end the contract earlier. If there is no provision to allow you to end the contract before the date specified and the contract is terminated early, the employee could claim damages for loss of earnings during the remainder of the contract.
In relation to ending the employment at the end of the fixed term, our advice is that, wherever possible you should always stipulate an end date using the above proposed contract wording. This clause means that the contract will automatically end on the anticipated end date without you having to issue any further notice. It also means that if you terminate the contract on a date other than the estimated end date, normal teachers / support staff notice provisions will apply. Of course you may not want to use normal teachers / support staff notice periods and in this case, you would need the termination clause in the BJ standard contracts re-wording to reflect this. Your HR Consultant can assist with this.
If you don’t have an estimated end date, for example if someone is covering maternity leave but you don’t yet know when the person they are covering will return, then you can put in an estimated (likely end date) but caveat the wording with a clause such as the below to allow you to end the contract in the event that the person they are covering returns before the estimated return date:
(Clause 2 on our template)
The Appointment is temporary and shall commence on the Commencement Date and shall continue, subject to the remaining terms of this agreement, until it terminates on either [DATE] or upon the return of the person for whom you are covering, whichever is sooner without the need for further notice unless previously terminated by either party in accordance with clause 14 or by the Employer in accordance with clause 5, if applicable. In this case, you should also amend the termination section (Clause 14 on our template) in the contract to state:
In the event that the contract termination date from either party is not in accordance with Clause 2, either party may terminate your employment by notice in writing of 2 months, expiring on 31 December, 30 April or 3 months expiring on 31 August in any year. In the case of the Headteacher, either party may terminate your employment by notice in writing of 3 months expiring on 31 December, 30 April or 4 months expiring on 31 August in any year. If you have been continually employed for more than 8 years the notice period we will give you shall increase by one week for each completed year of employment to a maximum of twelve weeks.
THE 4 YEAR RULE
Under regulation 8 of the Fixed-term Employees Regulations, employees who have been continuously employed for four years or more on a series of successive fixed-term contracts are automatically deemed to be permanent employees (that is, employed on an indefinite contract) unless the continued use of a fixed-term contract can be objectively justified. This includes cases where the original contract has been renewed or extended, or where a different contract has been entered into after the expiry of the original contract. We monitor this centrally a point of transfer to TLAT, however if you are aware case whereby an employee is approaching 4 years continuous service on successive fixed term contracts, please discuss this with the CORE team before you renew. The Learning Academy Trust
Name and Full Address of Job Tile and Main Dates Reason(s) for Leaving Employer Responsibilities From To
Name and Location of school, Dates Examinations Taken college or university (include date, level and grade) From To
Name and Location of training Dates Examinations Taken provider (include date, level and grade where From To appropriate) Professional Organisation Level of Membership By Examination Date Awarded Yes / No How many days have you been absent in the last Year 1 ______three years? (most recent first) Year 2 ______
Year 3 ______Do you hold a full current driving licence? Yes ______No ______
Do you have the use of a car? Yes ______No ______
Reference 1: This must be your current or most recent Reference 2: If you have worked with children, young people employer or, if you do not have any previous employment, or vulnerable adults in the past, but are not currently, this must your most recent tutor (School, College or University) be the most recent employer by whom you were employed to work with these vulnerable groups. Otherwise, a reference of your choice. Full name: Full name: Job title: Job title:
Employer: Employer: Address: Address:
Postcode: Postcode:
Email: Email: Telephone Telephone number number Relationship to Relationship to you you (I do not wish this reference to be taken up prior to (I do not wish this reference to be taken up prior to interview) Please indicate with a tick interview) Please indicate with a tick
What is your title? Mr Mrs Miss M s Other (please specify):
How do you describe your gender? Male Female What age group are you (years)? Up 20 - 26 - 31 - 36 - 41 - 46 - to 20 25 30 35 40 45 50 51 - 56 - 61 - 66+ 55 60 65
Is your gender identity the same as the gender you were assigned at birth? Yes No
Do you consider your sexual orientation to be: Heterosexual/Straigh Bisexual Gay Man Lesbian/Gay t Woman Withheld
What is your marital status? Single Married Divorced Widowed Civil Partnership
How do you describe your religion or belief (if any)? Buddhism Christianity Hinduism Islam Judaism Sikhism Non belief Withheld Other (please specify):
Are you caring for someone who is disabled or elderly? Yes No Do you consider yourself to have a disability? Yes No If you have answered ‘yes’, please select the definition/s from the list below that best describes your impairment: Learning Disability/ Longstanding Mental Health Physical or Difficulty illness or health condition mobility condition impairment Sensory impairment Other Please specify:
It would help us to know any barriers you have faced when dealing with us. Please also use this space to make suggestions on how we can improve.
How do you describe your ethnic origin? Please read through carefully before selecting the ethnic group that you feel most closely reflects your background.
White British Cornish Irish Gypsy Roma Travellers of Irish Heritage Other white background (please specify):
Mixed White & Asian White & Black African White & Black Caribbean Mixed Cornish Other white background (please specify):
Black or Black British African Caribbean Cornish Other Cornish background (please specify):
Asian Bangladeshi Chinese Indian Pakistani Cornish Other Asian background (please specify): SCR & New Starter Checklist
Complete when an offer of employment is made.
Must be used in conjunction with Recruitment & Selection Policy and Safeguarding Children Guidelines.
Once completed, please keep in the individual’s personnel file.
Employee Name:………………………………………… Job Title:………………………………………….. Start Date:………………………
Checks/Paperwork/Process Date Checked/Requested Further Action Date Completed Completed By Required
SCR CHECKS
Identification checked and copies taken (Original photographic ID and address details required)
Proof of eligibility to work in the UK (European citizen/Tier 2 required)
15Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Confirmation of qualifications and copies taken (Originals must be seen) (legal requirement? y / n)
16Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Checks/Paperwork/Process Date Checked/Requested Further Action Date Completed Completed By Required
Additional overseas checks (If lived in a country outside the UK for 6 mths+ in last 5 yrs. See Appx 6 ‘Safeguarding Children Guidelines’)
DBS Check Form Number:
Barred List check (if applicable)
Prohibition check (if applicable)
Disqualification check (if applicable)
Risk Assessment (if starting work pending a DBS disclosure)
Professional Reference One
Professional Reference Two pre-employment medical check if required.
17Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. EMPLOYMENT PAPERWORK & PROCESSES
Offer letter
Contract of employment – model contract attached (issued by Alison Richomme at HR)
Confidential Declaration – model attached.
Equal Opportunities Form
Emergency contact details
ICT acceptable use policy
ICT Informed
Entered on HR system
Paperwork to payroll (e-forms as supplied by HR – follow guidance from HR) Checks/Paperwork/Process Date Checked/Requested Further Action Date Completed Completed By Required
P45/46 sent to payroll at County 18Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Pension information to Cornwall Pensions or Teacher Pensions(if applicable) Holiday form (if applicable) Details of trade union membership provided (if applicable) Health & safety /Induction completed (Induction checklist attached) Code of conduct and receipt of policies checklist completed at induction Photo taken for ID badge (if applicable)
Signed………………………………………………………………. Print name……………………………………… Date…………………………………
19Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Recruitment and Selection Policy for Employees and Volunteers The Learning Academy Trust (TLAT)
20Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Contents
Appendix 1: Childcare disqualification self-declaration form
21Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. 1. Introduction 1.1 Recruiting the best people to TLAT is vital for our continued success in providing the highest standards of education to our pupils. 1.2 Not appointing the right people to our roles can have a negative impact on the performance of TLAT. 1.3 The Head of School or Executive Principal is responsible for deciding on the arrangements to recruit to any post, with the exception of the Head or School or Executive Principal role where the Board of Directors of TLAT will be responsible. 1.4 In carrying out our recruitment processes we are committed to the creation of a safe environment for our pupils by operating safer recruitment practices in line with the statutory requirements and guidance. 1.5 We are also committed to ensuring that throughout our recruitment and selection processes no applicant is disadvantaged or discriminated against because of the protected characteristics of age, disability, gender, gender re-assignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief and sexual orientation. 1.6 In the very exceptional cases where we are required to discriminate due to an occupational requirement this must be approved by the Board of Directors who will provide reasons for this requirement. 1.7 Recruitment will be solely on the basis of the applicant's abilities and individual merit as measured against the criteria for the job. Qualifications, knowledge, experience and skills will be assessed at the level that is relevant to the job. 1.8 If an applicant makes TLAT aware, at any stage of the recruitment process, that they have a disability then reasonable adjustments must be considered to ensure the applicant is not disadvantaged by the process. 2. Scope and Purpose 2.1 The purpose of this policy is to set out our processes for recruiting, selecting and appointing any employee to work within TLAT. 2.2 Sections 12 and 13 ‘Disclosure and Barring Service checks’ also applies to volunteers in TLAT. 3. Safer Recruitment 3.1 All recruitment must be in line with this policy to ensure that we identify, deter and prevent people who pose a risk of harm from working with our pupils. 3.2 The recruitment of all applicants and volunteers to TLAT must, without exception, follow the processes of safer recruitment. All offers of employment will be subject to TLAT being satisfied that the applicant or volunteer is a suitable person to work with children and young people. 3.3 Any person involved in recruiting to TLAT must read the “Keeping Children Safe in Education” guidance (or updated statutory guidance) produced by the DfE and TLAT child protection policy. These can be obtained from the Academy office at all TLAT sites. 3.4 All recruitment must be planned to ensure that there is adequate time available to recruit safely.
22Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. 3.5 Any person who becomes aware that this policy is not being followed during recruitment must inform the Head of School or Executive Principal or Child Protection OfficerDesignated Safeguarding Lead immediately. 3.6 All of the checks described in Sections 11 and 12 must be carried out and have been determined as satisfactory before an applicant can start their employment in TLAT. 4. Advertising 4.1 Any vacant position will normally be advertised via the appropriate channels to ensure the most appropriate field of applicants is obtained. 4.2 The Head of School or Executive Principal must give consideration to their advertising strategy for each vacancy. Although there is no legal requirement to advertise every job that arises, caution should be applied in appointing without external advertising. The repeated use of informal or internal methods needs to be reviewed to safeguard TLAT against any claims of indirect discrimination if recruitment methods perpetuate existing imbalances in the workplace. All advertisements will have the following statement about safeguarding children and young people and the requirement to have a DBS check: ‘TLAT is committed to safeguarding and promoting the welfare of its pupils and expects all those working at TLAT to share this commitment.’
5. Job Description 5.1 A job description will be required for all posts which describes the duties and responsibilities of the post. It must be up to date, accurate and specific to the role. The job description must also include a person specification which outlines all of the necessary skills, experience, qualifications and knowledge requirements for the post. 5.2 All job descriptions and person specifications must make reference to the responsibility for safeguarding and promoting the welfare of children.
6. Application form 6.1 All applicants are required to fill out TLAT standard application form. CVs will be accepted but will not replace the application form. 7. References 7.1 All offers of employment will be conditional upon receipt of at least two satisfactory written references. References will: (1.a) be requested for all shortlisted applicants, including internal applicants; (1.b) include the applicant’s current or most recent employer and where an applicant for a teaching post is not currently employed as a teacher, will include the applicant’s most recent employer as a teacher; (1.c) ask the current employer for details of any capability history in the previous two years, and the reasons for this; (1.d) be directly from the referee;
23Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. (1.e) not be accepted if they are ‘to whom it may concern’ letters; (1.f) request information on the applicants suitability to work with children and young people; (1.g) be requested before the interview; and (1.h) be explored further with the referee and with the applicant during the interview if necessary. 7.2 Where it has not been possible to obtain references before the interview any concerns that are subsequently raised will need to be resolved before the appointment is confirmed. 7.3 In order to comply with the Equality Act 2010, information relating to sickness absence will only be requested after a conditional offer of employment has been made. 8. Short-listing 8.1 Applicants will be short-listed against the requirements of the person specification. The same people should carry out the short-listing and the interviews. The outcome of the short- listing process will be recorded and retained. The equal opportunities monitoring form must be removed from the application and not provided to the short-listing panel. 8.2 The short listing panel are responsible for scrutinising the application forms and identifying any gaps in employment or other areas that may affect an applicant’s suitability to work with children and young people. A satisfactory explanation for any concerns must be obtained from the applicant during the interview process. 9. Interviews 9.1 A face to face interview must take place for all applicants to all posts. The use of video conferencing, Skype, Facetime or other similar technologies is only acceptable as part of a two stage interview process with the prior permission of the Board of Directors. 9.2 All those involved in interviewing must be properly trained. At least one person on the interview panel must have undertaken the appropriate safer recruitment training. 9.3 The purpose of the interview is to assess the merits of each applicant against the job description and person specification to establish their suitability for the post and to work with children and young people. 9.4 Interviews should be conducted with a minimum of two interviewers on the panel to enable one interviewer to assess the applicant, observe and make notes whilst the applicant talks to the other interviewer. 9.5 Before the interview commences the interview panel should have: (5.a) prepared appropriate questions for the role; (5.b) prepared appropriate questions to test the applicant’s suitability to work with children and young people; (5.c) identified any areas for further probing, e.g. if a criminal record has been declared or if there are gaps in employment etc; (5.d) agreed assessment criteria which reflects the person specification; and
24Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. (5.e) decided a structure to the interview and established which member of the panel will ask which questions. 9.6 A set of common questions relating to the requirements of the post will be asked of each applicant. Their response will determine whether that is followed up through further questioning. 9.7 Any gaps in employment history or declaration of a criminal record or caution must be explored further during the interview process. 10. Other selection methods 10.1 In addition to a face to face interview with the interview panel a variety of other selection methods may be used, such as: (1.a) Observation of teaching practice in our academy or in the applicant’s current school or academy; (1.b) One or more additional panel interviews (for example, a panel made up of pupils from our academy); (1.c) A presentation; (1.d) In tray exercises; and (1.e) Psychometric testing. 10.2 Those responsible for deciding the arrangements for recruitment to a specific post will determine the selection method(s). They will be relevant and appropriate to the role and will be based on the requirements for the particular post as set out in the job description and person specification. 10.3 Candidates will be informed in advance if any selection methods are to be used in addition to a face to face interview and what these are. 11. Pre- employment checks 11.1 An offer of appointment to the successful applicant will be conditional upon the following: (1.a) receipt of at least two satisfactory written references (one of which must be their current or most recent employer); (1.b) verification of the applicant’s identity, preferably from current photographic ID and proof of address; (1.c) verification of the applicant’s medical fitness; (1.d) verification of qualifications where relevant; (1.e) verification of professional status where applicable. For teachers, this will include checking that the individual has the required teaching qualification and has successfully completed any statutory induction, if required, through the NCTL’s Employer Access Online System; (1.f) satisfactory enhanced DBS check (see Section 11); (1.g) for teachers, verification that they are not subject to a prohibition order by checking the NCTL’s Employer Access Online System; (1.h) a clear children’s barred list check (except supervised volunteers);
25Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. (1.i) verification of right to work in the United Kingdom; (1.j) any further checks where the applicant has lived or work outside of the UK including receipt of criminal record information from overseas; (1.k) confirmation that the applicant is not disqualified or disqualified by association from providing childcare All checks must be confirmed in writing, retained on the personnel file and recorded in the single central record (SCR). 12. Disclosure and Barring Service (DBS) checks – new employees and volunteers 12.1 TLAT will carry out DBS checks as follows for new appointments, before the employee or volunteer starts work:
Who? Definition Type of check
Employees who will As an educational institution which is An enhanced DBS be engaging in exclusively or mainly for the provision of check with children’s regulated full-time education to children, [name of barred list check will activity School/Academy/Trust] is an always be obtained establishment specified in the relevant legislation. Activity carried out in this establishment will therefore be regulated activity relating to children if it meets the definition in the relevant legislation, including that it is carried out: (1.a)Frequently (for example once a week or more); or (1.b) On more than three days in any period of 30 days. Note – personal care of a child because of age, illness or disability including physical help with eating, toileting, washing, bathing or dressing is always regulated activity regardless of how frequently it is carried out. Volunteers As above An enhanced DBS check with children’s barred list check will always be obtained
Supervised Where an individual is a volunteer parent We are unable by law
26Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Volunteer helper (e.g. carrying out activity that is to obtain a barred unpaid such as swimming and beach list check on a school) they will not be engaging in supervised regulated activity if: volunteer. We will They are being supervised by someone however obtain an that is in regulated activity; and enhanced DBS check (with no (a) The supervision is regular and day barred list check) to day (e.g. it is ongoing); and for supervised volunteers. (b) The supervision is reasonable in all the circumstances to ensure the protection of children (this may take into account for example, the age, number and vulnerability of children the individual is working with and whether other individuals are helping to look after them)
Parent Helpers Where parents engage in one off or irregular activities with the school where they remain fully supervised and do not engage in any regulated activity no DBS is required. However, if involvement become repeated or regular see above.
Contractors Please refer to the guidance on the recruitment and use of /Agency staff contractors and agency staff
12.2 In exceptional circumstances a new employee or unsupervised volunteer may be able to start before the enhanced DBS check has been received, but not before the children’s barred list check has been completed. The Academy must ensure that appropriate supervision is in place until the DBS check has been received. 12.3 DBS certificates will only be issued to the applicant. All applicants must produce the disclosure when requested to do so. The disclosure will be scrutinised, with reference to the separate guidance note, to ensure it is authentic and to detect any fraud. The DBS disclosure number and date of the check must be recorded in the Single Central Record (SCR). With the applicants consent we will photocopy their certificate which will be held for no longer than necessary and processed in line with the Data Protection Act 1998. 12.4 Any applicant who refuses to produce their DBS disclosure will not be able to start work at TLAT and the conditional offer will be withdrawn as satisfactory checks are not in place. Any volunteer who refuses to produce their disclosure will not be able to volunteer in any of our academies. 12.5 Applicants (free for volunteers) can have their DBS certificate kept up to date and take it with them from role to role where the same type and level of check is required. Applicants
27Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. or volunteers should be asked if they have subscribed to this service. Where it is anticipated that a job role will have regular movement or deployment to trust or partner sites TLAT will fund the annual cost of the up to date DBS service. All other staff and volunteers will have DBS checks in line with current statutory guidance and the expectation is that they fund the update service themselves if they wish to. Where the applicant or volunteer has subscribed they should provide TLAT with the original disclosure document to be verified and TLAT will check the online update for any changes. 12.6 Information relating to an individual’s criminal record will only be shared with the relevant people to enable TLAT to make a decision about their suitability to work with children and young people. It will be held for no longer than is necessary and will be processed in line with the Data Protection Act 1998. 13. Disclosure and Barring Service (DBS) checks - existing employees and volunteers 13.1 An enhanced DBS check and a children’s barred list check will be carried out for all existing staff and unsupervised volunteers where their contact with children or young people has increased from that at their time of appointment. 13.2 An enhanced DBS and children’s barred list check may be carried out on any employee or unsupervised volunteer where TLAT has concerns about an individual’s suitability to work with children and young people. An enhanced DBS (no barred list check) may be carried out on any supervised volunteer where TLAT has concerns about their suitability to work with children and young people. 13.3 DBS certificates will only be issued to the applicant. The academy expects all applicants to produce the disclosure when requested to do so. Any existing employee who does not produce their DBS disclosure will be managed through the disciplinary procedure. 13.4 All existing employees are required to inform TLAT of any change in their criminal record. This includes convictions, cautions, arrests and police investigations. TLAT may require all employees to sign a declaration on an annual basis that there has been no change in their criminal record]. Action may be taken as a result of any change or any failure to inform TLAT of any change. 14. Agency staff 14.1 In the case of agency staff, TLAT must ensure that the arrangement with the agency imposes an obligation on the agency to carry out all recruitment checks as set out in section 10, including DBS and children’s barred list checks, that TLAT would otherwise complete for its staff. TLAT must obtain written confirmation from the agency that these checks have been carried out and are satisfactory. This must be recorded in the single central record (SCR). 15. Breaches of the policy 15.1 Any instances of this policy not being adhered to will be taken very seriously and appropriate disciplinary action will be taken. 15.2 Any complaint in relation to this policy, including its application will be managed through the Trenance Learning Academy Trust’s complaints policy or grievance policy (for existing employees). 16. Record keeping and data protection
28Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. 16.1 All written records of interviews, application forms and reasons for appointment or non- appointment will be kept by TLAT for six months, unless a longer period can be justified by the Headteacher/Principal]. Records will be treated as confidential and kept for no longer than necessary in accordance with the Data Protection Act 1998. 17. Review of policy 17.1 This policy is reviewed by TLAT. We will monitor the application and outcomes of this policy to ensure it is working effectively. Date of review Next review:
29Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Appendix 1
Disqualification Declaration Form This form is to be completed by all new staff before commencement of employment and all volunteers and completed by all staff and volunteers on an annual basis at the commencement of the autumn term.
Name:
Post:
Important – Please read in full before completing the declaration
Please answer the questions below to the best of your knowledge and sign the declaration at the end of this form. Please note that you must answer all questions for yourself AND for all others who live or work in the same household as you.
The definition of ‘others in the household’ is wide and includes all/anyone who lives or works in the same property as you including partners, spouses, children, parents, flat-mates, lodgers, tenants on a permanent or temporary basis.
Please answer each question below by circling yes or no
Questions relating to you:
Since your DBS check with TLAT have you been cautioned or convicted of YES NO any criminal offence?
Have you been cautioned or convicted of any offences against a child? YES NO
Have you been cautioned or convicted of any violent or sexual offences YES NO against an adult?
Have you been barred from working with children by the Disclosure and YES NO Barring Service?
Have your children been taken into care? YES NO
Have or are your children the subject of a child protection order? YES NO
Has a court order been made in respect of a child under your care? YES NO
30Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Have you been refused registration or had registration cancelled in relation to childcare or a children’s home or have you been disqualified from private fostering? YES NO
Questions relating to ALL others in your household:
Has anyone in your household been cautioned or convicted of any offences YES NO against a child?
Has anyone in your household been cautioned or convicted of any violent or sexual offences against an adult? YES NO
Has anyone living or working in your household been barred from working with children by the Disclosure and Barring Service? YES NO
Does anyone in your household have children that have been taken into YES NO care?
Does anyone in your household have children that have been the subject of a child protection order? YES NO
Has anyone in your household had a court order made in respect of a child YES NO in their care?
Has anyone living in your household been refused registration or had registration cancelled in relation to childcare or a children’s home or have they been disqualified from private fostering? YES NO
If you have answered YES to any of the questions above, please provide further information:
I have answered YES to one or more of the questions above because:
……………………………………………………………………………………………………………………………
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31Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. I understand my responsibility to safeguard children and am aware that I must notify the Principal of anything that may affect my suitability or that of anyone living in my household.
I will ensure I notify the Principal immediately if the answers I have provided to the questions above change at any time.
I give permission for you to contact any previous settings, local authority staff, the police, the DBS, or any medical professionals, to share information about my suitability to care for children.
Signed ………………………………………………………………………………………. Date ……………………………………………
To be completed by the Principal
I have reviewed the answers provided above and no further action is required.
Signed …………………………………………………………………………………..……
Dated ……………………………………………..
Or:
I have reviewed the answers provided above and the following action has been taken (continue on additional sheet as required):
Signed……………………………………………………………………………………….
Dated ………………………………………………..
32Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Probationary Policy The Learning Academy Trust (TLAT) [January 2015]
33Company Name: The Learning Academy Trust. Company Address: Trenance Road, Newquay, Cornwall TR7 2LU - Company No: 7394649. A company limited by guarantee, registered in England and Wales - An Exempt Charity. Contents
34 INTRODUCTION
It is TLAT’s policy to operate probationary periods for all new employees.
This policy allows both the employee and TLAT to assess objectively whether or not the employee is suitable for the role. TLAT believes that the use of probationary periods increases the likelihood that new employees will perform effectively in their employment.
The line manager is responsible for ensuring that all new employees are properly monitored during their probationary period. If any problems arise, the line manager should address these promptly and in accordance with the policy. The employee should be made aware that some aspects of their performance or conduct is unsatisfactory. This will help prevent the problem from escalating and hopefully lead to sufficient improvements.
Where the employee is the Head Teacher the Executive Principal shall be responsible for managing the probation process and determining whether their employment is confirmed or their employment is terminated. Where the employee is the Executive Principal the Chair of the Board of Directors shall be responsible for managing the probation process and determining whether their employment is confirmed or their employment is terminated.
LENGTH OF PROBATION
The length of the probationary period applicable to an employee will be as set out in the contract of employment of that employee.
EXTENDING PROBATIONARY PERIODS
Three months should be an adequate period of time to effectively assess an employee’s suitability for the role. In exceptional circumstances, the Academy may decide to extend an employee's period of probation. This will be limited to one extension and the total period of probation will be no longer than six months.
An extension may be implemented in circumstances where:
The employee's performance, conduct or attendance during probation has not been entirely satisfactory, but some improvement has taken place and it is thought likely that an extension to the probationary period may lead to satisfactory improvement.
The employee or the line manager has been absent from the workplace for an extended period during the probation.
Before extending an employee’s probationary period the line manager may consult with the Head Teacher/ Executive Principal/Chair of Board of Directors, depending on who is making a decision to extend. If an extension to the probationary period is agreed, the Academy will confirm the terms of the extension in writing to the employee, including: the length of the extension and the date on which the extended period of probation will by reviewed and when it will end; the reason for the extension and, if the reason is unsatisfactory performance, details of how and why performance has fallen short of the required standards; the performance standards or objectives that the employee is required to achieve by the end of the extended period of probation; any support, for example further training, that will be provided during the extended period of probation; and a statement that, if the employee does not meet fully the required standards by the end of the extended period of probation, their employment will be terminated.
TERMS OF EMPLOYMENT DURING THE PROBATIONARY PERIOD
During the probationary period, employees will be subject to all the terms and conditions of their contracts of employment with the exception of those terms noted below. During the probationary period, attendance, conduct, capability issues will be managed under this policy rather than the standard school HR policies.
The amount of notice that an employee must give to the Academy, if they wish to resign and the amount of notice that the Academy must give to the employee of dismissal, are different during probation. During probation, either party may terminate the employee's contract of employment by giving one week’s notice unless otherwise varied by the contract. [In the event that the Academy decides to terminate the employee's employment, their employment will come to an end immediately and the employee will receive pay in lieu of the notice together with any outstanding holiday pay].
Once the probationary period has been completed, the notice periods will be as defined in the employee's contract of employment.
In the case of existing employees who have been transferred or promoted into different roles, the amount of notice that the employee must give to the Academy if they wish to resign, and the amount of notice the Academy must give to the employee of dismissal will be as defined in the employee's contract of employment.
LINE MANAGERS' RESPONSIBILITIES
Under this policy, the line manager has responsibility for monitoring a new employee's performance, conduct, attendance and progress during the probationary period. The line manager should ensure that the employee is properly informed at the start of their employment about what is expected of them during probation, for example the required targets or standards of performance, and for putting in place a plan to support the successful start to any new role.
REVIEWS DURING PROBATION
The line manager should review and assess the employee's performance, capability, conduct, attendance and suitability for the role on at least a [monthly] basis during the employee's probation, and again at the end of the probationary period. During an employee's probation, the line manager should provide regular feedback to the employee about their performance and progress, and, should there be any problem areas, raise these with the employee as soon as possible with a view to resolving them. The line manager is also responsible for providing guidance and support and for identifying and arranging any necessary support, training or coaching that is relevant to the role.
IRREGULARITIES DISCOVERED DURING THE PROBATIONARY PERIOD
If, during an employee's probation, it is suspected or established that the employee does not have the qualifications, experience or knowledge that they claimed to have at the time of recruitment, the matter will be discussed with the employee to establish the facts. If the evidence suggests that the employee misrepresented their abilities in any way, the Trust will terminate the employment giving one week's pay in lieu of notice. If the employee is an existing employee who has been transferred or promoted into a different role, the Trust’s normal capability/dismissal procedure must be followed in full.
END OF PROBATION
Shortly before the end of the probationary period (or end of the extension), the line manager should conduct a final review of the employee's performance, conduct, attendance and suitability for the job. This will involve a meeting with the employee to discuss their performance and progress throughout the period of probation.
If the employee's performance is satisfactory, the line manager should notify the Head Teacher in order to issue a letter of confirmation of appointment to the employee.
TERMINATION OF EMPLOYMENT
Ordinarily it is the Trust’s policy to allow the employee to complete the designated period of probation rather than terminating employment before the probation has come to an end. This is to give the employee a full opportunity to come up to the required standards. If, however, there is clear evidence prior to the end of the period of probation that suggests the employee is wholly unsuitable for the role, the employment may be terminated early.
Performance
If an employee's performance while on probation has been unsatisfactory (despite support from the line manager), and it is thought unlikely that further training or support would lead to a satisfactory level of improvement, the employment will be terminated at the end of the period of probation. Where the concerns are considered serious and have not improved despite support then the employment may be terminated prior to the end of the period of probation or at an earlier point if appropriate.
Conduct
If an employee's conduct while on probation has been unsatisfactory (despite support from the line manager), and it is thought unlikely that further training or support would lead to a satisfactory level of improvement, the employment will be terminated at the end of the period of probation or at an earlier point if appropriate. Attendance
If an employee's attendance while on probation has been unsatisfactory (despite support from the line manager), and it is thought unlikely that further or support or reasonable adjustments would lead to a satisfactory level of improvement, the employment will be terminated at the end of the period of probation or at an earlier point if appropriate.
Where a decision is taken to terminate the employee's employment, a meeting will be held with the employee to inform them of the reason for the termination. The Trust will write to the employee confirming the termination and the reason for it. The employee will be given an opportunity to appeal the decision.
If the employee is an existing employee who has been transferred or promoted into a different role, TLAT’s normal capability/disciplinary/sickness absence/dismissal procedure must be followed in full.
APPEALS AGAINST TERMINATION OF EMPLOYMENT
Should an employee wish to appeal against a decision to terminate their employment, they must write to the Head Teacher/Principal within 5 working days of the decision to terminate the employment being communicated to them. The employee must state the grounds of their appeal in full. An appeal meeting will then be arranged with either the Head Teacher/Principal (if not involved in the original decision to dismiss) or a panel of Governors. The outcome of an appeal meeting will be confirmed in writing; this will make it clear that there is no further internal right of appeal. Where the employment of the Head Teacher/Principal is terminated they should appeal to the Chair of Board of Directors who will make arrangements for the appeal hearing.
REVIEW OF POLICY
We will monitor the application and outcomes of this policy to ensure it is working effectively.
Date reviewed:
Date of next review:
Model Child Protection and Safeguarding Policy The Learning Academy Trust
MODEL CHILD PROTECTION & SAFEGUARDING POLICY
For Schools and Education Establishments1 in Cornwall
Spring 2016
1 Includes all maintained, academy, free, short stay, other independent, FE Model Child Protection and Safeguarding Policy
This policy was developed and adopted on: XXXXXX
The policy will be reviewed: Annually
The Designated Safeguarding Lead (DSL) is: Lisa Mannall
The officers with responsibility to cover for the Designated Safeguarding Lead are: XXXXXXXXXXXXX
The Single Point of Contact for the Prevent agenda is:
Emma French
The name of the Designated Teacher for Children in Care is: xxxxxxx
The named Member of the Governing Body/LAB with responsibility for safeguarding is: xxxxxx
Add or amend details for your school
Meeting your communication needs: We want to ensure that your needs are met. If you would like this information on audio type, in Braille, large print, any other format or interpreted in a language other than English, please contact the school’s Equality and Diversity team.
Purpose of Policy The purpose of the Child Protection and Safeguarding Policy is to provide a secure framework for the workforce in safeguarding and promoting the welfare of those pupils who attend our school. The policy aims to ensure that:
All our pupils are safe and protected from harm; Other elements of provision and policies are in place to enable pupils to feel safe and adopt safe practices; and
Staff, pupils, governors, visitors, volunteers and parents are aware of the expected behaviours and the school’s legal responsibilities in relation to safeguarding and promoting the welfare of all our pupils.
Policy Statement This policy develops procedures and good practice within our School, to ensure that each person and agency can demonstrate that there is an understanding of the duty to safeguard and promote the welfare of children and young people including those who are vulnerable. It provides evidence of how this will be implemented within our School and within multi-agency working arrangements.
This policy has been developed in accordance with the principles established by the Children Act 1989, the Education Act 2002 and the Children Act 2004 and in line with government publications and local guidance.
The Proprietors of The Learning Academy Trust take seriously their responsibility under Section 157 of the Education Act 2002 to safeguard2 and promote the welfare of children; and to work together with other agencies to ensure adequate arrangements within our school to identify, assess, and support those children who are suffering harm. Where a child is suffering significant harm, or is likely to do so, action will be taken to protect that child. Action will also be taken to promote the welfare of a child in need of additional support, even if they are not suffering harm or are (sic) at immediate risk3.
Ethos Improving outcomes for all children and young people underpins all of the development and work within this school.
Safeguarding is everyone’s responsibility and as such our school aims to create the safest environment within which every student has the opportunity to achieve. Our school recognises the contribution it can make in ensuring that all registered students or others who use our school feel that they will be listened to and appropriate action taken. We will do this by working in partnership with other agencies and seeking to establish effective working relationships with parents, carers and other colleagues to develop and provide activities and opportunities throughout our curriculum that will help to equip our children with the skills they need. This will include materials and learning experiences that will encourage our children to develop essential life skills and protective behaviours.
Governing Body Responsibilities Our governing body has a legal responsibility to make sure that the school has an effective safeguarding policy and procedures in place and monitors that the school complies with them. The Governing body has appointed a Designated Safeguarding Lead (DSL) who has lead responsibility for
24 Safeguarding (as defined in the Joint Inspector’s Safeguarding report) is taken to mean “All agencies working with children, young people and their families take all reasonable measures to ensure that the risk of harm to children’s welfare are 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 agreed local policies and procedures in full partnership with other agencies”.
3 DfE Keeping Children Safe in Education July 2015 dealing with all safeguarding issues in our school. The school will ensure that there will always be cover for the role of DSL4.
Our Governing Body recognises that for this policy to be effective, it is essential that staff have an understanding of what safeguarding is, know that ‘safeguarding is everybody’s responsibility’, know how to access safeguarding information, know of any possible contribution that they may be required to make to safeguard children, young people and vulnerable adults and how to access further advice, support or services.
Responsibilities of the Designated Safeguarding Lead’s (DSL) We will follow the procedures set out in the South West Child Protection Procedures (www.swcpp.org.uk) and take account of both national guidance issued by the Department for Education5 and local guidance. Our Designated Safeguarding Lead (DSL) is an appropriately senior member of staff who has the status and authority within the school to carry out the duties of the post including committing resources and, where appropriate, supporting and directing other staff6. All child protection concerns WILL be reported to the appropriate authority by our DSL. In the absence of our DSL, cover will be provided by another appropriately trained member of staff.
Whole school and staff responsibilities Our school recognises that Safeguarding is not just about protecting children from deliberate harm. It relates to aspects of school life including: pupils’ health and safety; the use of reasonable force; meeting the needs of pupils with medical conditions; providing first aid; educational visits; intimate care; internet or e-safety; appropriate arrangements to ensure school security, taking into account the local context. Additionally, we recognise that Safeguarding can involve a range of potential issues such as: bullying, including cyberbullying (by text message, on social networking sites, and so on), peer on peer and prejudice-based bullying; racist and homophobic or transphobic abuse; sexting; substance misuse; issues which may be specific to a local area or population, for example gang activity and youth violence and other particular issues affecting children including domestic violence, sexual exploitation, female genital mutilation, extremist behaviour and radicalisation, forced marriage and modern slavery.7
All our staff maintain an attitude of ‘it can happen here’ and are aware of the signs and indicators of abuse. All members of staff have a responsibility to provide a safe environment in which children can learn.
Our staff recruitment policy and induction process includes information on our arrangements and systems for child protection, the staff behaviour policy, code of conduct and details of the Designated Safeguarding Lead (DSL).
All members of staff are provided with opportunities to receive appropriate training which is regularly updated, in order to develop their understanding of the signs and indicators of abuse and of the school’s child protection procedures.
4 DfE Keeping Children Safe in Education July 2015
5 DfE Keeping Children Safe in Education July 2015
6 DfE Keeping Children Safe in Education July 2015, Annex B
7 Ofsted Briefing for Section 5 Inspectors on Safeguarding Children, Ofsted July 2015 In conjunction with this policy, all members of staff are provided with, and are required to read, the Department for Education statutory guidance as outlined in Part 1 of ‘Keeping Children Safe in Education 2015’.
All members of staff, volunteers and governors know how to respond to a student who discloses abuse, or for whom they have a concern, and the procedure to be followed in appropriately sharing a concern of possible abuse or a disclosure of abuse.
All parents/carers are made aware of the school’s responsibilities in regard to child protection procedures through publication of the school’s Child Protection and Safeguarding Policy.
When services are delivered by a third party or agency, education or otherwise, on the school site, we will follow the requirements of the Disclosure and Barring Service and check that the person presenting themselves is the same person on whom appropriate checks have been made8.
Our lettings and visitors’ policies will seek to ensure the suitability of adults working with and in the presence of children at any time. Community users organising activities for children are aware of and understand the need for compliance with the school’s child protection guidelines and procedures. We will carry out appropriate vetting checks on visiting speakers as required by the Prevent Agenda9.
Our school operates safer recruitment procedures including making sure that:
statutory duties to undertake required checks on staff who work with children are complied with in line with the Disclosure and Barring Service requirements for Regulated Activity; Teachers’ Prohibition Orders; the Child Care Act 2006 and Childcare (Disqualification) Regulations 2009
statutory guidance relating to volunteers is followed
recruitment panel members are properly trained10.
We hold a Single Central Record (SCR) which demonstrates we have carried out the range of checks required by law on our staff11,12,13,14
Our school complies with the requirements of Keeping Children Safe in Education July 2015.
8 DfE Keeping Children Safe in Education July 2015
9 HM Gov - https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/439598/prevent-duty-departmental- advice-v6.pdf-
10 DfE Keeping Children Safe in Education July 2015
11 As required by: School Staffing (England) Regulations (2009); Education (Independent School Standards) (England) Regulations 2010; DfE Keeping Children Safe in Education 2015;
12 DfE Keeping Children Safe in Education July 2015 – schools must use the Employer Access Online service to check that a candidate to be employed as a teacher is not subject of a prohibition order.
13 Teacher Prohibition Order
14 Childcare Act 2006 and Childcare (Disqualification) Regulations 2009 In addition, all staff employed by TLAT are required to complete the annual declaration of disqualification and are required to undertake the checks detailed above for the maintenance of the single central record not less than once every three years or where a significant change of role occurs. Staff are obliged to inform the Executive Principal of TLAT without delay of any investigation or allegation that may result in a declaration being required to be made under the Childcare Act 2006 and the Childcare (Disqualification) Regulations 2009.
Our school complies with the requirements of the Childcare Act 2006 and the Childcare (Disqualification) Regulations 2009.
Should we dismiss or remove a member of staff or a volunteer because they have harmed a child, or poses a risk of harm to a child or would have done so if they had not left, we will report this to the Disclosure and Barring Service (DBS) and any appropriate professional or regulatory body.
Our safeguarding policies and procedures will be reviewed and updated annually.
If a child makes an allegation or disclosure of abuse against an adult or other child or young person, staff will:
stay calm and listen carefully;
reassure the child that s/he has done the right thing in telling you;
not investigate or ask leading questions;
let the child know that s/he will need to tell the DSL;
not promise to keep what they have been told a secret;
inform the DSL as soon as possible; and
make a written record of the allegation, disclosure or incident which will be signed, and dated using the school’s safeguarding record procedure
Confidentiality and Information Sharing Information sharing is vital to safeguarding and promoting the welfare of children and young people. A key factor identified in many serious case reviews (SCRs) has been a failure by practitioners to record information, to share it to understand its significance and then take appropriate action15. we recognise that all matters relating to child protection are confidential;
the Headteacher/Principal or DSL will disclose personal information about a student to other members of staff on a need to know basis only;
all staff are aware that they have a professional responsibility to share information with other agencies in order to safeguard children;
15 HM Gov- Information Sharing Advice for Practitioners, March 2015 all staff are aware that they cannot promise a child to keep secrets which might compromise the child’s safety or well-being, or that of another; and
we will always undertake to share our intention to refer a child to Cornwall Council’s Directorate for Education, Health and Social Care with their parents/carers, unless to do so could put the child at greater risk of harm, or impede a criminal investigation. If in doubt, we will consult with the Multi-Agency Referral Unit (MARU).
Managing Allegations against staff We are aware of the possibility of allegations being made against members of staff or volunteers that are working with or may come into contact with children and young people whilst in our school. They can be made by children and young people or other concerned adults.
All workers in our school have been made aware of the process16 to be followed if such an allegation is made and seek advice from the Local Authority Designated officer (LADO) ON 01872 326536.
In such circumstances our Headteacher/Principal, or Chair of Governors (if the allegation is against the Headteacher/Principal) will:
consider the safeguarding arrangements of the child or young person to ensure they are not in contact with the alleged abuser;
contact the parents or carers of the child/young person if advised to do so by the LADO;
consider the rights of the staff member for a fair and equal process of investigation;
ensure that the appropriate disciplinary procedure is followed, including whether suspending a member of staff from work until the outcome of any investigation is deemed necessary;
act on any decision made in any strategy meeting; and
advise the Disclosure and Barring Service (DBS) and any other appropriate regulatory or professional body where a member of staff has been disciplined or dismissed as a result of the allegations founded, or would have been if they have resigned.
Whistleblowing We recognise that children cannot be expected to raise concerns in an environment where staff fail to do so.
We advise our staff of our Whistleblowing Policy and of how it can be implemented. Staff are aware of their duty to raise concerns about the attitude and actions of colleagues where these are inappropriate or unsuitable. If necessary the member of staff will speak to the delegated ‘Whistleblowing’ Governor who is Sue Tym.
Supporting Staff
16 Outlined in Keeping Children Safe in Education July 2015, part 4. Our staff will be advised on the boundaries of appropriate behaviour – such matters form part of our staff induction and staff have access to support and guidance when required or requested
We recognise that staff working in the school, who have become involved in the case of a child who has suffered harm, or appears likely to suffer harm, may find the situation stressful and upsetting.
We support such staff by providing an opportunity to discuss their anxieties with the DSL, or another teacher and/or a trade union representative as appropriate.
Our designated officers have access to support and appropriate workshops, courses or meetings as organised or recommended by the Cornwall and Isles of Scilly Safeguarding Children Board (CIoSSCB), Safeguarding Standards Unit (SSU) or Local Authority (LA).
Physical Restraint Our policy on physical restraint is compliant with the LA’s ‘Physical Restraint in Schools’ Guidance along with guidance from the Department for Education (DfE).
Wherever possible such events are recorded and signed by a witness. Staff that are likely to need to use physical intervention are appropriately trained. We understand that physical intervention of a nature that causes injury or distress to a child may be considered under child protection or disciplinary procedures.
Prevention We recognise that the school plays a significant part in the prevention of harm to our pupils by providing them with effective lines of communication with trusted adults, supportive friends and an ethos of protection. Our school will support all pupils by: Establishing and maintaining an ethos, understood by all staff, which enables children to feel secure and encourages them to talk, knowing that they will be listened to.
Promoting a caring, safe and positive environment within the school and ensuring that all children know that there is an adult in the school whom they can approach if they are worried or in difficulty.
Providing across the curriculum, including within PSHE, opportunities which equip children with the skills they need to stay safe from harm and to know to whom they should turn for help.
Encouraging the development of self-esteem and resilience in every aspect of school life including through the curriculum.
Liaising and working together with all other support services and those agencies involved in the safeguarding of children. Ensuring that a named teacher is designated for Children in Care, (CIC) and that a list of CIC is regularly reviewed and updated. The Education Welfare Officer (EWO) for the school is made aware of all CIC in the school.
Providing continuing support to a student who leaves the school and about whom there have been child protection concerns, by ensuring that such concerns and school records are forwarded under confidential cover to the Headteacher/Principal at the student’s new school as a matter of urgency.
Recognising that children come from a variety of different cultural backgrounds, the school has developed policies to ensure that we embrace diversity in religion and faith, race, ethnicity, gender and sexual orientation.
We will include our Child Protection and Safeguarding Policy in our school prospectus/website and will post copies of our policy throughout the school. We are also able to arrange for our policy to be made available to parents whose first language is not English, on request.
Training
All members of our workforce have been provided with, and signed to say that they have read and understood, Part 1 of Keeping Children Safe in Education, July 201517
All members of staff and volunteers will have access to appropriate whole school safeguarding training which is regularly updated. We will also, as part of our induction, issue information in relation to our Child Protection and Safeguarding Policy and any other policy and information related to safeguarding and promoting our children/young people’s welfare to all newly appointed staff and volunteers.
Our DSL and DSL Cover officers will undertake further multi-agency safeguarding training in addition to the whole school training. This will be undertaken at least every two years and will update their awareness and understanding of the impact of the wide agenda of safeguarding issues. It will support both the DSL and DSL Cover officers to be able to better undertake their role and support the school in ensuring our safeguarding arrangements are robust and achieving better outcomes for the pupils in our school.
Our Governing Body will have access to safeguarding training. Our named Governor for Safeguarding will have access to multi-agency safeguarding training at least every two years to support the Headteacher/Principal in managing allegations against staff and volunteers who work with children and young people and to support the annual review of this policy, in order to keep it updated in line with local and national guidance/legislation.
17 Pg 4, DfE Keeping Children Safe in Education July 2015 At least one member of our recruitment panel will have undertaken safer recruitment training18,19.
Missing Children We will monitor unauthorised absence, particularly where children go missing on repeated occasions. We will report such absences without delay to the appropriate agencies in line with legislative and local authority requirements and agreements20.
Preventing Radicalisation The Counter Terrorism and Security Act 2015 places a duty on all schools to prevent people being drawn into terrorism. We recognise that under this legislation our school leaders and governors must Establish or use existing mechanisms for understanding the risk of extremism
Ensure staff understand the risk and build capabilities to deal with it
Communicate and promote the importance of the duty and
Ensure staff implement the duty effectively
Our school recognises that radicalisation is a safeguarding issue and has clear procedures 21 in place to assess the risk of, and protect, our students from being drawn into radicalisation. We recognise that general safeguarding principles apply to keeping children safe from the risk of radicalisation as set out in the relevant statutory guidance22.
Our school has undertaken an assessment of the risk of extremism and established appropriate procedures.
These procedures are reflected in our existing policies and specifically set out in TLAT policy statement entitled ‘Extremism and Radicalisation’.
Helping children to keep themselves safe Our children are taught to understand and manage risk through our personal, social, health and economic (PSHE) lessons and through all aspects of school life. Children are taught how to conduct themselves and how to behave in a responsible manner. Children are reminded regularly about e- safety and tackling bullying procedures.
18 School Staffing (England) Regulations 2009
19 DfE Keeping Children Safe in Education July 2015
20 Pg 13 DfE Keeping Children Safe in Education July 2015
21 DfE Prevent Duty 2015
22 ‘Working Together to Safeguard Children 2015’ and ‘Keeping Children Safe in Education July 2015’ Our school continually promotes an ethos of respect for others and pupils are encouraged to speak to a member of staff in confidence about any worries they may have.
Policy Review The Governing Body of our school is responsible for ensuring the annual review of this policy and for additional policies23 that are relevant to safeguarding and child protection.
Safeguarding Guidance The following ‘Working Together to Safeguard Children’, March 2015 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419595/Work ing_Together_to_Safeguard_Children.pdf
‘Keeping Children Safe in Education’, July 2015 https://www.gov.uk/government/publications/keeping-children-safe-in-education--2
Disqualification under the Childcare Act 2006 and Childcare (Disqualification) Regulations 2009 https://www.gov.uk/government/publications/disqualification-under-the-childcare-act-2006
‘What To Do If You Are Worried A Child Is Being Abused’, March 2015 https://www.gov.uk/government/publications/what-to-do-if-youre-worried-a-child-is-being- abused--2
Information Sharing advice for practitioners, March 2015 https://www.gov.uk/government/publications/safeguarding-practitioners-information-sharing- advice
Guidance for Safer Working Practice for those working with children and young people in education settings – October 2015 http://www.safeguardinginschools.co.uk/wp-content/uploads/2015/10/Guidance-for-Safer- Working-Practices-2015-final1.pdf
The South West Safeguarding and Child Protection Procedures24 http://www.swcpp.org.uk/
Child Protection and Online Protection Agency www.ceop.org.uk www.thinkuknow.co.uk
23 DfE Policies and other documents that governing bodies/proprietors are required to have by law - https://www.gov.uk/government/publications/statutory-policies-for-schools
24 Adopted 1st January 2008. www.swcpp.org.uk Legislation and guidance relating to this policy: School Standards and Framework Act 1998 Children Act 1989
Children Act 2004
Working Together to Safeguard Children, March 2015
Education Act 1996,
Education Act 2002 (Section 157/175)
Keeping Children Safe in Education, July 2015
Disqualification under the Childcare Act 2006
Safeguarding Vulnerable Groups Act 2010
The School Staffing (England) Regulations 2009 (as amended)
The Education (Independent School Standards) (England) Regulations 2010(as amended)
The Education (Non-Maintained Special Schools) (England) Regulations 2011(
The Education (Pupil Referral Units) (Application of Enactment)(England) Regulations 2007 (as amended)
Childcare Act 2006
Childcare (Disqualification) Regulations 2009
Child Protection Procedures Guidance for School Staff
Add or amend your school details where marked xxxxxx CHILD PROTECTION PROCEDURES GUIDANCE FOR SCHOOL STAFF
Spring 2016
School Name:
......
Name and role of person to whom this document has been provided:
………………………………………………………………… ………
Date Received: …………………………………………. CONTENTS
Section Content
1 Scope and purpose of these procedures
2 What is child protection?
3 What is significant harm?
4 Responsibilities and roles
5 What is child abuse?
6 Recognising child abuse – signs and symptoms
7 Responding to the child who makes an disclosure
8 Responding to concerns or suspicions of abuse
9 Responding to allegations or concerns about staff or volunteers
10 What happens after a referral is made to Children's Early Help, Psychology & Social Care Services
11 Children with disabilities
12 Safer working practice
13 Training Child Protection Procedures
1) Scope and purpose of these procedures
1.1 The purpose of this guidance is to provide workers with an overview of child protection definitions, responsibilities and procedures.
This guidance applies to all maintained, academy, independent, short stay, free schools and FE Colleges. Throughout the document all such establishments are referred to as ‘schools’. The guidance should be read in conjunction with the school’s Child Protection and Safeguarding Policy along with other relevant guidelines and procedures. They apply to the Headteacher/Principal, all staff (including supply, agency and peripatetic workers), volunteers and anyone working on behalf of The Learning Academy Trust and explain what action should be taken if there are concerns that a child is, or might be, suffering harm. A child is a person under 18 years but the principles apply also to vulnerable young adults over 18 years.
Please refer to the South West Child Protection Procedures (SWCPP) http://www.online- procedures.co.uk/swcpp/ and the Cornwall and Isles of Scilly Safeguarding Children Board (CIoSSCB) http://www.safechildren-cios.co.uk for more extensive information and guidance.
2) What is Child Protection? 2.1 Child protection is one very important aspect of safeguarding. It refers to the activity which is undertaken to protect children who are suffering, or at risk of suffering, significant harm. 2.2 The Children Act 1989 introduced the concept of significant harm as the threshold that justifies compulsory intervention by statutory agencies in family life in the best interests of children. There are no absolute criteria on which to rely when judging what constitutes significant harm. Sometimes it might be a single traumatic event but more often it is a compilation of significant events which damage the child’s physical and psychological development.
3) Responsibilities and roles 3.1 All those who come into contact with children and families in their work (paid or unpaid), including those who do not have a specific role in relation to child protection, have a duty to safeguard and promote the welfare of children.
3.2 Governing bodies/proprietors are accountable for ensuring their establishment has effective policies and procedures in place and for monitoring the school’s compliance with them. The procedures should be reviewed regularly and the governors/proprietors should provide information to the Local Safeguarding Children Board (LSCB), through annual safeguarding returns (Section 175/157 Education Act 2002), about how their duties in relation to safeguarding have been discharged. Each governing body should nominate an individual member to take the lead in safeguarding.
3.3 This school has a Designated Safeguarding Lead (DLS) with responsibility for child protection who is xxxxx. This is the person with whom you should normally discuss any concerns or disclosures and s/he should be able to offer appropriate advice and refer to other agencies as necessary. The officer providing cover in the absence of the DSL(s) is Emma French. Throughout this document please read ‘DSL’ to relate to BOTH the DSLO and the officer providing cover for the DSL.
Please note: Part Four of the Schools’ Child Protection and Safeguarding Toolkit – ‘Additional information and sample forms’ - provides more comprehensive detail of the Role and Responsibilities of the DSL.
4.4 The Children's Early Help, Psychology & Social Care Services and the Safeguarding Standards Unit can also offer advice and guidance on safeguarding and child protection matters.
4.5 All action should be taken in line with the following guidance:
South West Child Protection Procedures http://www.online-procedures.co.uk/swcpp/ ‘ Working Together to Safeguard Children - March 2015’ - Department for Education https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/419595/Worki ng_Together_to_Safeguard_Children.pdf
‘ Keeping Children Safe in Education - July 2015’ – Department for Education https://www.gov.uk/government/publications/keeping-children-safe-in-education--2
‘What to do if you’re worried a child is being abused – advice for Practitioners’ - March 2015 https://www.gov.uk/government/publications/what-to-do-if-youre-worried-a-child-is-being- abused--2
‘Guidance for Safer working Practice for those working with Children and Young People in Education Settings’ October 2015 http://www.safeguardinginschools.co.uk/wp-content/uploads/2015/10/Guidance-for-Safer- Working-Practices-2015-final1.pdf
5) What is child abuse? 5.1 The following definitions are taken from Keeping Children Safe in Education – July 2015: Abuse: a form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. They may be abused by an adult or adults or another child or children. i) Physical abuse - a form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. ii) Emotional abuse - the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to a child that they are worthless or unloved, inadequate or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyberbullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of ill- treatment of a child, though it may occur alone. iii) Sexual abuse - involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children. iv) Neglect - the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: provide adequate food, clothing and shelter (including exclusion from home or abandonment); protect a child from physical and emotional harm or danger; ensure adequate supervision (including the use of inadequate care-givers); or ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
5.2 The following additional information in regard to Child Sexual Exploitation (CSE), Female Genital Mutilation (FGM) and Preventing Radicalisation is taken from Keeping Children Safe in Education July 2015 i Child Sexual Exploitation (CSE) CSE involves exploitative situations, contexts and relationships where young people receive something (for example, food, accommodation, drugs, alcohol, gifts, money or in some cases simply affection) as a result of engaging in sexual activities. Sexual Exploitation can take many forms ranging from seemingly ‘consensual’ relationships where sex is exchanged for affection or gifts, to serious organised crime by gangs and groups. What marks out exploitation is an imbalance of power in the relationship. The perpetrator always holds some kind of power over the victim which increases as the exploitative relationship develops. Sexual exploitation involves varying degrees of coercion, intimidation or enticement, including unwanted pressure from peers to have sex, sexual bullying including cyberbullying and grooming. However, it is also important to recognise that some young people who are being sexually exploited do not exhibit any external signs of this abuse. ii Female Genital Mutilation (FGM) Female Genital Mutilation (FGM) comprises all procedures involving partial or toal removal of the external female genitalia or other injury to the femal genital organs. It is illegal in the UK and a form of child abuse with long-lasting harmful consequences. Professionals in all agencies, and individuals and groups in relevant communities, need to be alert to the possibility of a girl being at risk of FGM or already having suffered FGM.
Indicators There is a range of potential indicators that a child or young person may be at risk of FGM, which individually may not indicate risk but if there are two or more indicators present this could signal a risk to the child or young person. Victims of FGM are likely to come from a community that is known to practise FGM. Warning signs that FGM may be about to take place, or may have already taken place, can be found in the Multi Agency Practice Guidelines https://www.gov.uk/government/publications/female-genital- mutilation-guidelines . Chapter 9 of these guidelines focuses on the role of schools and colleges.
Actions If staff have a concern they should activate local safeguarding procedures, using existing national and local protocols for multi-agency liaison with police and children’s social care. Mandatory Reporting Duty
From 31 October 2015, Section 5B of the Female Genital Mutilation Act 2003 places a statutory duty upon teachers25, along with social care workers and healthcare professionals, to report to the police visually confirmed or verbally disclosed incidents where FGM appears to have been carried out on a girl under 18. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/469448/F GM-Mandatory-Reporting-procedural-info-FINAL.pdf iii Preventing Radicalisation The Counter-Terrorism and Security Act, which received Royal Assent on 12 February 2015, places a duty on specified authorities, including local authorities and child care, education and other children’s services providers, in the exercise of their functions, to have due regard to the need to prevent people from being drawn into terrorism (“the Prevent duty”). This guidance will be updated further to reflect the implications of the Prevent duty, which is expected to come into force later in 2015. The Counter-Terrorism and Security Act 2015 will also place a duty on local authorities to ensure Channel panels are in place. The panel must include the local authority and chief officer of the local police. Panels will assess the extent to which identified individuals are vulnerable to being drawn into terrorism, following a referral from the police and where considered appropriate and necessary consent is obtained, arrange for support to be provided to those individuals. The Act will require partners of Channel panels to co-operate with the panel in the carrying out of its functions and with the police in undertaking the initial assessment as to whether a referral is appropriate. Schools and Colleges which are required to have regard to Keeping Children Safe in Education are listed in the Act as partners of the panel. The relevant provisions of the Act came into force on 12 April 2015 but many local authorities already have Channel panels set up in their area.
5.3 It is accepted that in all forms of abuse there are elements of emotional abuse, and that some children are subjected to more than one form of abuse at any one time. These definitions do not minimise other forms of maltreatment.
6) Recognising child abuse – signs and symptoms 6.1 The South West Child Protection Procedures provide extensive information in relation to signs and symptoms to help recognise child abuse at http://www.online-procedures.co.uk/swcpp/
25 Section 5B(11) of the Female Genital Mutilation Act 2003 (as inserted by section 74 of the Serious Crime Act 2015)provides a definition for the term ‘teacher’. 6.2 Recognising child abuse is not easy, and it is not your responsibility to decide whether or not child abuse has taken place or if a child is at significant risk. You do, however, have a responsibility to act if you have a concern about a child’s welfare or safety. 6.3 The following information will help you to be more alert to the signs of possible abuse. i) Physical abuse Physical abuse describes physical injuries to a child as a result of acts of commission or omission. This includes anything from a hand slap to death by suffocation. Injuries may be caused by blows, punches, kicks, shakes, bites, belts, scalds, burns, suffocation, drowning or poisoning.
Please note – illness fabricated or induced by carers is usually classified as physical abuse.
ii) Emotional abuse Emotional abuse is part of all the other abuses but also occurs without them. A child witnessing family violence may be physically well cared for but emotionally distraught. Emotional abuse includes discouragement, ridicule, unfairness, hostility, threats and bullying. Behaviours/symptoms suggestive of emotional abuse
Continuous withholding of approval and affection by parent/carer Discipline severe and inappropriate, or non-existent, with few or no boundaries set Exploitation by parents/carer to fulfil their needs Continual self-deprecation Fear of new situations Impaired ability for play and enjoyment Lack of curiosity and natural exploration, air of detachment Inappropriate emotional responses to painful situations Delayed social and language skills Persistent head banging or rocking in a younger child Enuresis and encopresis (wetting and soiling) Compulsive stealing/scrounging Drug/solvent misuse Low self-esteem, feeling of worthlessness Social isolation (including from friends) Behavioural difficulties including aggression, disruptive behaviour Attention seeking Eating disturbances, poor growth Family history of domestic violence, mental illness of a carer or substance misuse Depression, withdrawal Frozen watchfulness Only happy at school or kept away Pseudo mature or explicit sexual behaviour Open masturbation or aggressive sex play with peers Stomach pains without medical explanation Self-harm, mutilation, overdose or attempted suicide iii) Sexual abuse Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative (eg. rape or buggery) or non-penetrative acts. They may include involving children in looking at, or in the production of, pornographic material, or encouraging children to behave in sexually inappropriate ways.
Physical injury may be part of sexual abuse, eg bites on the breasts or sadistic burns. iv) Neglect Neglect can be a difficult form of abuse to recognise, yet has some of the most lasting and damaging effects on children. Failure to provide food, clothing, shelter, safekeeping, nurture and teaching may constitute neglect. In addition, a neglected child: May fail to grow and develop to his full potential
Is at risk of long-term disability following accidents, respiratory disease Is at risk of poor mental health Is more likely to have inter-current infection especially chest infections, ear infections May have incomplete immunisations. Signs of possible neglect may include:
Hunger; stealing food from other children
Clothing which is dirty or inappropriate for the conditions Dirty body; smells; nails thick, yellow, dirty Hair thin, wispy Height, weight, mid-upper arm or head circumference demonstrate poor growth. Complaining of being tired all the time
Not requesting medical assistance and/or failing to attend appointments
Having few friends NB: Many children and young people will exhibit some of these indicators at some time, and the presence of one or more should not be taken as proof that abuse is occurring. There may well be other reasons for changes in behaviour. 7) Responding to a child who makes a disclosure or allegation The person who first encounters a case of alleged or suspected abuse is not responsible for deciding whether or not abuse has occurred and should not conduct an investigation to establish whether the child is telling the truth. That is a task for the Children's Early Help, Psychology & Social Care Services and the Police following a referral to them of concern about a child. The role of the person to whom a child makes a disclosure or allegation is to act promptly on the information they have received. The Data Protection Act is not a barrier to sharing information but provides a framework to ensure that personal information is shared appropriately. If a child makes a disclosure or allegation you should:
Stay calm and listen carefully to what is said. You do not need a ‘witness’.
Carefully explain that it is likely that the information will need to be shared with others - do not promise to keep secrets
Allow the child to continue at her/his own pace and do not interrupt if they are freely recalling events
Ask questions for clarification only, and at all times avoid asking questions that suggest a particular answer. Questions should be framed in an open manner and not ‘lead’ the child in any way. For example say, “Tell me what has happened”, rather than, “Did s/he do…”
Reassure the child that s/he has done the right thing in telling you. Explain what you will do next and with whom the information will be shared
Do not ask the child to repeat the disclosure to anyone else in school or ask him/her to write a ‘statement’
Contact your DSL as soon as you can or, where such contact is not possible, ensure a referral is made without delay to the Multi Agency Referral Unit (MARU)
Record in writing what was said, including the child’s own words, as soon as possible – note the date, time, any names mentioned, to whom the information was given and ensure that the record is signed and dated
Do not discuss with parents/carers.
Guidance on Information Sharing is available at the following links:
The South West Child Protection Procedures - http://www.online- procedures.co.uk/swcpp/procedures/allegations-against-staff/record-keeping/information- sharing-confidentiality/
Information Sharing Advice for Practitioners providing safeguarding services to children, young people, parents and carers – March 2015 https://www.gov.uk/government/publications/safeguarding-practitioners-information- sharing-advice
8) Responding to concerns or suspicions of abuse 8.1 Any suspicion or concern that a child or young person may be suffering or at risk of suffering significant harm, MUST be acted on and discussed without delay with the DSL. Doing nothing is not an option. If the child/young person is felt to be in immediate danger, the Police should be called. 8.2 A careful and, as far as possible, verbatim record should be made of what you have seen/heard that has led to your concerns and the date, time, location and people who were present. Where physical injuries have been observed, these should be carefully noted but should not be photographed. Do not ask to see injuries that are said to be on an intimate part of the child’s body.
8.3 Referrals/concerns should be made to the DSL using the Referral/Concern Report Form provided in Part Four of the Schools’ Child Protection and Safeguarding Toolkit – ‘Additional information and sample forms’.
8.4 If the DSL is not available you should discuss your concerns with either
another senior member of staff or
the Multi Agency Referral Unit (MARU)
The DSL must telephone the referral to the MARU without delay26. The decision to notify parents that a referral is being made, will depend on the details of individual cases and will be made by the DSL. The DSL should keep a record of the conversation with the MARU, noting what actions have been/will be taken and by whom, giving the date and time of the referral. The referral should be confirmed in writing on the multi-agency referral form as soon as possible and within 48 hours.
8.5 Do not share information with your colleagues or investigate any further.
9) Responding to allegations or concerns about staff or volunteers 9.1 Employers have a duty of care to their employees and should ensure they provide effective support for anyone facing an allegation. 9.2 Rigorous recruitment and selection along with robust safeguarding procedures and adherence to safer practice guidance should help to protect both staff and students.
9.3 In all cases of allegations against a member of staff or a volunteer, the Headteacher/ Principal/ Chair of Governors, must contact the Local Authority Designated Officer (LADO) by ringing the MARU on 0300 1234 1116 and follow the procedures as outlined in the school’s safeguarding and child protection policy.
9.4 The process must be followed in all cases of allegations that might indicate a person would pose a risk of harm if they continue to work in regular or close contact with children in their present position, or in any capacity. It should be used in respect of all cases in which it is alleged that a teacher or member of staff (including volunteers) has:
Behaved in a way that has harmed a child, or may have harmed a child
26 It is recognised that whilst the Designated Lead is responsible for liaison with agencies, DfE Keeping Children Safe in Education July 2015 states that ‘if at any point, there is a risk of immediate serious harm to a child a referral should be made to children’s social care immediately. Anybody can make a referral’. Possibly committed a criminal offence against or related to a child
Behaved towards a child or children in a way that indicates he or she would pose a risk of harm if they work regularly or closely with children
9.5 If you have reason to believe that a member of staff or volunteer has acted inappropriately or abused a child or young person, you must take action by discussing your belief or concern with the named senior officer in the school. The named senior officer is xxxxxx. Whilst it may be difficult to consider that a colleague may be unsuitable to work with children, the risk is far too serious for any member of staff to dismiss such a suspicion without taking action.
9.6 If the concern is about the Headteacher/Principal, it should be discussed with the Chair of Governors, or the LADO by ringing the MARU on 0300 1234 1116.
Part Four of the Schools’ Child Protection and Safeguarding Toolkit – ‘Additional information and sample forms’ provides further information in regard to Managing Allegations against a Professional.
10) What happens after a referral is made to the MARU 10.1 The MARU is the single point of contact for anyone who is concerned about the welfare of a child in Cornwall. Its function is to provide professional advice and consultation and to determine whether the concern meets approved threshold criteria for statutory social work intervention. Information sharing is undertaken in line with agreed protocols to protect the confidentiality of individuals. 10.1 Where cases do not meet the threshold, referrers are provided with information, advice and guidance including signposting to targeted and preventative services within the locality-based Early Help Services.
10.2 Cases that meet the threshold are passed to the relevant team for a statutory social work assessment or for a strategy discussion in those cases where there is evidence of actual or potential risk of significant harm. The threshold decision should be made within 24 hours of receiving the Contact.
10.3 The person making the Contact is informed about the outcome in writing within two working days of the decision. The person making the contact should be informed of the escalation policy if they disagree with the decision made within the MARU.
10.4 If there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, a strategy discussion will be arranged involving Children's Early Help, Psychology & Social Care Services, the police, education, health and other relevant and appropriate bodies such as the referring agency.
Professionals who are invited to attend, including school staff (normally the Headteacher/Principal or DSL), are required to produce a report, using the Signs of Safety template, which is available on the CioSSCB website at http://www.safechildren-cios.co.uk/health-and-social-care/children-and- family-care/cornwall-and-isles-of-scilly-safeguarding-children-board/working-together/child- protection-conferences/ , prior to the conference and take an active part in the conference.
Full details of the Child Protection Conference process can be found at http://www.safechildren-cios.co.uk/media/11059813/Child-Protection-Conference-Process- December-2014-.pdf 11) Children with disabilities 11.1 There are no different or separate procedures for children who are disabled. Children with disabilities are especially vulnerable to abuse, and adults who work with them need to take extra care when interpreting apparent signs of abuse or neglect. 11.2 Staff responsible for intimate care of children should undertake their duties in a professional manner at all times and in accordance with the school’s Intimate Care policy.
12) Safer Working Practice All adults who come into contact with children at this school should behave at all times in a professional manner which secures the best outcomes for children and also prevents allegations being made. Advice on safer working practice can be found in The Learning Academy Trust’s Code of Conduct. Each member of staff will be issued with a copy of Guidance for Safe Working Practice for those working in Education Settings, October 2015 – available at http://www.safeguardinginschools.co.uk/wp-content/uploads/2015/10/Guidance-for-Safer- Working-Practices-2015-final1.pdf
13) Training 13.1 Child protection must be an integral part of induction for all workers, volunteers, agencies and 3rd party providers of services to the school. 13.2 All workers must receive regularly updated Single-Agency Child Protection Training. This training must be delivered within the school setting and should provide workers with the most recent and relevant safeguarding guidance, legislation and good practice, both nationally and locally.
13.3 The Designated Safeguarding Lead (and those who provide cover for the DSL) must receive Multi-Agency Child Protection Training. This must be updated at least every 2 years. Multi-agency child protection training should be arranged through Reconstruct, the CIoSSCB preferred provider, via the following link http://www.safechildren-cios.co.uk/default.aspx?page=114
13.4 All governors should have access to Single Agency Training and it is advised that the designated Governor with responsibility for Child Protection and Safeguarding should receive Multi- Agency Child Protection Training. Statement of Main Terms and Conditions of Employment
Employer: The Learning Academy Trust incorporated and registered in England and Wales with company number 7394649 whose registered office is at Trenance Learning Academy, Trenance Road, Newquay, Cornwall, TR7 2LU
Employee:
1. Date employment began:
Your employment with other organisations covered by the Redundancy Payments (Modification) Order 1999 and subsequent amendments is recognised and your continuous start date for these purposes only is [ ]
If you have received a redundancy payment in respect of previous service, the receipt of the redundancy payment breaks continuity for redundancy qualification and payment purposes.
2. Job title: Class Teacher
Term of the appointment: (Permanent/Fixed Term/Temporary (and reason for Fixed Term/Temporary and dates where relevant) 3. Duties: Your duties shall be as indicated by your job title, job description and the relevant national standards. In addition:
3.1 You may be required to carry out any other duties within your capacity which the Employer may reasonably require. 3.2 You shall obey all reasonable rules and instructions given to you by the Employer. 3.3 You shall, during working hours, devote the whole of your time and attention exclusively to the interests of the Employer and throughout the period of your employment shall take all reasonable steps to preserve and protect the property, goodwill and reputation of the Employer and shall do nothing to damage the Employer.
3.4 During the period of your employment, you shall not, except with prior written consent of a director of the Employer, work for, be employed by or have any interest in any other organisation. 4. Probationary period
The first six months of your employment shall be a probationary period and your employment may be terminated during this period at any time on one week's prior notice. We may, at our discretion, extend this period for up to a further 3 months. During this probationary period your performance and suitability for continued employment will be monitored and assessed, the Employer’s capability policy shall not apply during the probationary period. At the end of your probationary period you will be informed in writing if you have successfully completed your probationary period.
5. Location:
Your employment will be based within The Learning Academy Trust (you may be required to work at any other premises occupied by the Employer or any of the Employer’s Academies within Cornwall as directed by the Employer). 6. Confidentiality:
Both during the period of your employment and thereafter, you shall not disclose to any person or make use of for your own benefit or for the benefit of any other person, any trade secret or confidential information of the Employer unless you have obtained the written consent of the Employer or such use or disclosure is required for the proper performance of your duties.
7. Hours of work
7.1 Your hours of work shall be in accordance with the School Teachers’ Terms and Conditions Document as amended from time to time. Full time teachers are required to be available for work for up to 1265 hours of directed time over 195 days. In addition you shall work such additional hours as are necessary to effectively fulfil your professional duties. 8. Remuneration:
8.1 You will be paid £[ ]per year which is graded [ ] on the Main Pay Range for Teachers/Upper Pay Range for Teachers (School Teachers Pay & Conditions Document), payable monthly in arrears by credit transfer or any other arrangement acceptable to the Employer.
8.2 The Employer may deduct from the salary, or any other sums owed to you, any money owed by you to the Employer.
8.3 Your salary will be reviewed annually according to the provisions in the School Teachers’ Pay and Conditions Document as amended from time to time.
9. Holidays:
9.1 Your statutory entitlement to annual leave is exceeded by the number of days that you are not required to come into work during academy closure periods.
9.2 You are not entitled to take any annual leave outside of academy closure periods.
10. Public Holidays:
You will be entitled to all statutory and public holidays and to be paid for such days. Payment for these days is included in your annual salary. If you are in receipt of less than full salary on these days no further payment will be made. If you are required to work on a public holiday, you will be entitled to an additional day's holiday at some other time, subject to the prior approval of your manager. 11. Pensions:
You are eligible to be a member of the Teachers’ Pension Scheme and you will be automatically enrolled into this Scheme unless you notify your Employer that you are opting out. If you choose to remain in this scheme you will be required to contribute a percentage of your salary in accordance with the terms of the Scheme.
12. Sickness or Injury:
12.1 If you are absent from work by reason of sickness or injury, you must notify your line manager as soon as possible on the first day of your absence and keep the Employer regularly informed of the situation and the likely duration of the absence until you return. You must also provide any further information which the Employer may request in relation to any absence.
12.2 You should comply with any rules laid down in any sickness procedure. 12.3 If the absence continues for less than eight days (including weekends) you must complete a self-certification form when you return. If the absence lasts for eight days or more, you must obtain medical certificates to cover the whole period of your absence.
12.4 Subject to clause 12.5, provided you comply with the above requirements and the requirements of the sickness policy and procedure, you will be paid in accordance with The Conditions of Service for School Teachers in England & Wales (The Burgundy Book) as amended from time to time, currently Length of Continuous Full Pay Half Pay Service Up to 4 months 25 days 0 Over 4 months to 1 year 25 days 50 days Over 1 year to 2 years 50 days 50 days Over 2 years to 3 years 75 days 75 days Over 3 years 100 days 100 days
and thereafter statutory sick pay (if entitled to it) in accordance with the Social Security Contributions and Benefits Act 1992. For the purposes of statutory sick pay, qualifying days are Monday to Friday.
12.5 The Employer reserves the right to withhold sick pay in the following circumstances:
You have not followed the correct absence notification procedure; You have an illness or injury which has been self inflicted; You have an illness or injury which results from your misconduct at work; You have an illness or injury which has been caused by outside employment. You are absent due to sickness or injury during disciplinary procedures against you. You are working elsewhere during your period of absence, whether or not this is during your normal working hours
12.6 The Employer has the right to require you to attend for a medical examination by any doctor nominated by the Employer and you will co-operate with any such requirement. You will also consent to your medical practitioner supplying a medical report. 12.7 If you are awarded damages in respect of any illness or injury caused by a third party, then any payments over and above statutory sick pay made by the Employer to you in respect of any period of absence caused by such illness or injury shall be treated as a loan repayable on demand.
13. Termination of employment:
13.1 Either party may terminate your employment by notice in writing of 2 months, expiring on 31 December, 30 April or 3 months expiring on 31 August in any year. In the case of the Headteacher, either party may terminate your employment by notice in writing of 3 months expiring on 31 December, 30 April or 4 moths expiring on 31 August in any year. If you have been continually employed for 8 years or more the notice period we will give you shall increase by one week for each completed year of employment to a maximum of twelve weeks.
13.2 The periods of notice provided for above may be waived by agreement in writing between you and the Employer, subject to compliance by the Employer with statutory minimum notice requirements.
13.3 The Employer reserves the right, at its sole discretion, to pay you in lieu of any period of notice.
13.4 The Employer reserves the right to terminate your employment without notice in circumstances of gross misconduct, examples of which may be found in, but are not limited to, those set out the Disciplinary Procedure.
14. Grievance and disciplinary procedures:
14.1 If possible, grievances and matters of a disciplinary nature will be dealt with informally but formal procedures are available if an informal procedure is not considered appropriate or has not resolved the problem. Even the formal procedure will be approached and operated flexibly as the main objective will be to resolve the problem.
14.2 If you have a grievance relating to your employment, you should raise it in accordance with the Grievance Procedure which is available from the academy.
14.3 All grievances will be treated as strictly confidential and will not be disclosed to others in the company unless you wish it.
14.4 Disciplinary rules are set out in the Disciplinary Procedure, a copy of which is available at the academy.
15. Right to hold Personal Data As part of your conditions of employment, you give the Employer permission to collect, retain and process information about you, such as age, sex, ethnic origin and health records. This information will be used by the Employer for a number of purposes, including but not limited to monitoring the Employer’s compliance with the law and best practice in terms of equal opportunity and non- discrimination. Should your personal circumstances change, you must notify the Employer immediately.
16. Additional terms and conditions
In addition to the terms and conditions in this document the terms and conditions of the following will also apply during the course of your employment; The School Teachers’ Pay and Conditions Document as amended from time to time; The Conditions of Service for School Teachers in England & Wales (The Burgundy Book) as amended from time to time; and Any local collective agreement relevant to your employment reached between the trade unions recognised by the Employer and your Employer.
For the avoidance of doubt, where there is any conflict between the terms of the documents referred to in this clause 17 and the terms of this Agreement, this Agreement takes precedent.
17. Activities outside work
Whilst your off-duty activities are your own concern, there can be instances where private interests may conflict with the duties of your post. If you are contemplating: additional paid employment or services, or other activities which could involve some conflict of interest you should consult the Governing Body for advice. you are required to declare the work/activity and obtain the express consent of the School prior to engaging in any business or appointment. The Governing Body will advise you on the required course of action.
18. Trade unions
The Employer believes that representative trade unions help ensure good employee relations and so encourages you to become a union member.
19. Protection of children
The post is exempt from the Rehabilitation of Offenders Act 1974. Your employment is subject to satisfactory enhanced Disclosure and Barring Service check with barred list check and is subject to the requirements set out in the Education (Prohibition from Teaching or Working with Children) Regulations 2003 (as amended). You are required to inform us immediately if you are the subject of a police investigation or receive any conviction or caution.
20. Terms of employment:
These terms supersede all previous terms of employment, agreements, arrangements and understandings, whether formal or informal.
Signed on behalf of the Employer Signed by the Employee ......
Dated:
Statement of Main Terms and Conditions of Employment
Employer: The Learning Academy Trust incorporated and registered in England and Wales with company number 7394649 whose registered office is at Trenance Learning Academy, Trenance Road, Newquay, Cornwall. TR7 2LU
Employee: [INSERT NAME]
1. Date employment began: [INSERT DATE]
Your employment with other organisations covered by the Redundancy Payments (Modification) Order 1999 and subsequent amendments is recognised and your continuous start date for these purposes only is [INSERT DATE]. If you have received a redundancy payment in respect of previous service, the receipt of the redundancy payment breaks continuity for redundancy qualification and payment purposes.
2. Term of the appointment
The Appointment shall commence on the Commencement Date and shall continue, subject to the remaining terms of this agreement, until it terminates on [DATE] without the need for further notice unless previously terminated by either party in accordance with clause 14.
3. Job title: [ INSERT JOB TITLE]
4. Duties: Your duties shall be as indicated by your job title and job description. In addition:
4.1 You may be required to carry out any other duties within your capacity which the Employer may reasonably require 4.2 You shall obey all reasonable rules and instructions given to you by the Employer. 4.3 You shall, during working hours, devote the whole of your time and attention exclusively to the interests of the business and throughout the period of your employment shall take all reasonable steps to preserve and protect the property, goodwill and reputation of the Employer and shall do nothing to damage the Employer.
4.4 During the period of your employment, you shall not, except with prior written consent of a director of the Employer, work for, be employed by or have any interest in any other business. 5. Probationary period
The first six months of your employment shall be a probationary period and your employment may be terminated during this period at any time on [one week's] prior notice. We may, at our discretion, extend this period for up to a further [3 months]. During this probationary period your performance and suitability for continued employment will be monitored and assessed, the Employer’s capability policy shall not apply during the probationary period. At the end of your probationary period you will be informed in writing if you have successfully completed your probationary period.
6. Location:
Your employment will be based at [STATE] but you may be required to work at any other premises occupied by the Employer or any of the Employer’s Academies within Cornwall as directed by the Employer. 7. Confidentiality:
7.1 Both during the period of your employment and thereafter, you shall not disclose to any person or make use of for your own benefit or for the benefit of any other person, any trade secret or confidential information of the Employer unless you have obtained the written consent of a director of the Employer or such use or disclosure is required for the proper performance of your duties.
8. Hours of work
8.1 Your normal hours of work shall be [INSERT HOURS] hours per week, [Monday to Friday] for [INSERT WEEKS] per year and such further hours as may be necessary to fulfil your duties.
Or
8.1 Hours and patterns of work will be determined annually in the summer term and take effect 1 September each year. This will be based on the need of the school and you will be notified in writing.
9. Remuneration:
9.1 You will be paid £[AMOUNT] per year, payable monthly in arrears by credit transfer or any other arrangement acceptable to the Employer.
OR
9.1 You will be paid £[AMOUNT] per year, calculated on a pro rata basis by reference to a full time equivalent of £[AMOUNT], payable monthly in arrears by credit transfer or any other arrangement acceptable to the Employer.
OR
9.1 You will be paid in accordance with hours worked, calculated on a prorata basis by reference to a a full time equivalent of £[AMOUNT], payable monthly in arrears by credit transfer or any other arrangement acceptable to the Employer.
9.2 If your contract is for less than 52 weeks per year your annual salary will be pro rated appropriately. You will receive your remuneration in 12 equal monthly amounts.
9.3 The Employer may deduct from the salary, or any other sums owed to you, any money owed by you to the Employer.
10. Holidays:
For staff on all year round contracts 10.1 The holiday year commences on 1 September. In each holiday year you will be entitled to [INSERT NUMBER] days’ paid holiday reduced pro rata in respect of part-time employees in addition to public holidays. Prior approval must be obtained from your line manager before any holiday is taken. Approval will only be given if the proposed holiday will not unduly interfere with the smooth running of the business. The rules about gaining approval for holidays set out in Regulation 15 of the Working Time Regulations 1998 shall not apply and the only rules that shall apply shall be those set out in this paragraph. 10.2 You may carry forward up to 3 day’s holiday from one holiday year to the next provided that holiday is taken before 1 December and that it has received prior approval from your line manager.
10.3 On termination of your employment, you will be entitled to a payment in lieu of all holiday accrued but not taken during the part of the holiday year prior to the termination of your employment. The amount of the payment shall be the holiday pay that would have been paid in respect of such holiday unless your employment was terminated by reason of gross misconduct or you terminated your employment without giving the required notice, where such payment in lieu shall be limited to your statutory entitlement under the Working Time Regulations 1998, and any paid holidays (including paid public holidays) taken shall be deemed first to have been taken in satisfaction of that satisfactory entitlement.
10.4 If, when you leave your employment, you have taken in excess of your holiday entitlement, any excess holiday payments made must be repaid to the Employer. Any sums so owing may be deducted from your salary.
10.5 For the purposes of calculating holiday pay, one day's pay shall be 1/260th of your [full time equivalent] annual basic salary.
10.6 If either party has served notice to terminate your employment, the Employer may require you to take any accrued but unused holiday entitlement during the notice period.
10.7 During any continuous period of absence due to sickness or injury of one month or more you will not accrue holiday under this contract and your entitlement under clause 10.1 for the holiday year in which such absence takes place shall be reduced pro rata save that it shall not fall below your entitlement under the Working Time Regulations 1998.
For staff on term time only contracts
10.8 You are required to take your holiday during the weeks that you are not contracted to work. 10.9 You are entitled to [weeks] and [days] holiday, and [days] in respect of Bank Holidays. These additional weeks and days will be added to the total number of weeks that you are contracted to work and you will receive payment for these in 12 equal monthly instalments as part of your salary.
10.10 You are not entitled to take any annual leave outside of academy closure periods.
11. Public Holidays:
You will be entitled to all statutory and public holidays and to be paid for such days. If you are required to work on a public holiday, you will be entitled to an additional day's holiday at some other time, subject to the prior approval of your manager. 12. Pensions:
You are eligible to be a member of the Local Government Pension Scheme. If you choose to remain in this scheme you will be required to contribute a percentage of your salary in accordance with the terms of the Scheme.
13. Sickness or Injury:
13.1 If you are absent from work by reason of sickness or injury, you must notify your line manager as soon as possible on the first day of your absence and keep the Employer regularly informed of the situation and the likely duration of the absence until you return. You must also provide any further information which the Employer may request in relation to any absence.
13.2 You should comply with any rules laid down in any sickness procedure.
13.3 If the absence continues for less than eight days (including weekends) you must complete a self-certification form when you return. If the absence lasts for eight days or more, you must obtain medical certificates to cover the whole period of your absence.
13.4 Subject to clause 13.5 provided you comply with the above requirements and the requirements of the sickness policy and procedure, you will be paid in accordance with the provision in the Green Book which is currently
Length of Continuous Full Pay Half Pay Service Under 4 months 1 month 0 Over 4 months to 1 year 1 month 2 months Over 1 year to 2 years 2 months 2 months Over 2 years to 3 years 4 months 4 months Over 3 years to 4 years 5 months 5 months Over 4 years 6 months 6 months [full
and thereafter statutory sick pay (if entitled to it) in accordance with the Social Security Contributions and Benefits Act 1992. For the purposes of statutory sick pay, qualifying days are Monday to Friday.
13.5 The Employer reserves the right to withhold sick pay in the following circumstances:
You have not followed the correct absence notification procedure; You have an illness or injury which has been self inflicted; You have an illness or injury which results from your misconduct at work; You have an illness or injury which has been caused by outside employment. You are absent due to sickness or injury during disciplinary procedures against you. You are working elsewhere during your period of absence, whether or not this is during your normal working hours
13.6 The Employer has the right to require you to attend for a medical examination by any doctor nominated by the Employer and you will co-operate with any such requirement. You will also consent to your medical practitioner supplying a medical report.
13.7 If you are awarded damages in respect of any illness or injury caused by a third party, then any payments over and above statutory sick pay made by the Employer to you in respect of any period of absence caused by such illness or injury shall be treated as a loan repayable on demand.
14. Termination of employment:
14.1 Either party may terminate your employment by notice in writing of [one month/two months]. If you have been continuously employed for [four years/eight years] or more, the notice period we will give you shall increase by one week for each completed year of employment to a maximum of twelve weeks.
14.2 The periods of notice provided for above may be waived by agreement in writing between you and the Employer, subject to compliance by the Company with statutory minimum notice requirements.
14.3 The Employer reserves the right, at its sole discretion, to pay you in lieu of any period of notice. 14.4 The Company reserves the right to terminate your employment without notice in circumstances of gross misconduct, examples of which may be found in, but are not limited to, those set out in the disciplinary procedure.
15. Grievance and disciplinary procedures:
15.1 If possible, grievances and matters of a disciplinary nature will be dealt with informally but formal procedures are available if an informal procedure is not considered appropriate or has not resolved the problem. Even the formal procedure will be approached and operated flexibly as the main objective will be to resolve the problem.
15.2 If you have a grievance relating to your employment, you should raise it in accordance with the Grievance Procedure, a copy of which is available from the office.
15.3 All grievances will be treated as strictly confidential and will not be disclosed to others in the company unless you wish it.
15.4 Disciplinary rules are set out in the disciplinary procedure, a copy of which is available from the office.
16. Right to hold Personal Data As part of your conditions of employment, you give the Employer permission to collect, retain and process information about you, such as age, sex, ethnic origin and health records. This information will be used by the Employer for a number of purposes, including but not limited to monitoring the Employer’s compliance with the law and best practice in terms of equal opportunity and non- discrimination. Should your personal circumstances change, you must notify the Employer immediately.
17. Additional terms and conditions
In addition to the terms and conditions in this document the terms and conditions of the following will also apply during the course of your employment; The National Joint Council for Local Government Services (Green Book) as amended from time to time; and Any local collective agreement relevant to your employment reached between the trade unions recognised by the Employer and your Employer.
For the avoidance of doubt, where there is any conflict between the terms of the documents referred to in this clause 17 and the terms of this Agreement, this Agreement takes precedent.
18. Activities outside work
Whilst your off-duty activities are your own concern, there can be instances where private interests may conflict with the duties of your post. If you are contemplating: additional paid employment or services, or other activities which could involve some conflict of interest you should consult the Governing Body for advice. you are required to declare the work/activity and obtain the express consent of the academy prior to engaging in any business or appointment. The Governing Body will advise you on the required course of action.
19. Trade unions
The Employer believes that representative trade unions help ensure good employee relations and so encourages you to become a union member.
20. Protection of children
The post is exempt from the Rehabilitation of Offenders Act 1974. Your employment is subject to satisfactory enhanced Disclosure and Barring Service check (with barred list check where applicable) and is subject to the requirements set out in the Education (Prohibition from Teaching or Working with Children) Regulations 2003 (as amended). You are required to inform us immediately if you are the subject of a police investigation or receive any conviction or caution.
21. Terms of employment:
These terms supersede all previous terms of employment, agreements, arrangements and understandings, whether formal or informal.
Signed on behalf of the Employer Signed by the Employee
......
Dated: The Learning Academy Trust Confidentiality Statement
I ...... understand that whilst working/volunteering at the Academy, it is my duty to maintain confidential any information regarding the pupils, staff, governors and other Academy business gleaned during the course of my work. This will include matters of a personal or educational nature e.g. pupil ability or behaviour. Any personal information should be regarded as private and the right of the individual to confidentiality maintained. Where information is disclosed to me that may pose a risk to a child I will follow the Academy Safeguarding Policy.
I have read and understood the Academy’s Safeguarding Policy.
I will adhere to the Academy’s Social Networking Policy.
I agree to maintain confidential information even after my employment/volunteering with the Academy has ceased.
If I am in any doubt whatsoever as to whether information should be kept confidential, or with whom it is appropriate for me to discuss such information, I will take advice from the Principal or another member of Trenance Learning Academy’s senior leadership team.
I understand that should I be in breach of this agreement, I will be liable to disciplinary action under Trenance Learning Academy disciplinary policy. In the case of a gross breach of this agreement this would include summary dismissal.
This does not affect my rights under the Public Interest Disclosure Policy (Whistleblowing)
Signed ...... Dated ...... Name [ ]
Private and Confidential
[Name] [Address]
[Date]
Dear [Name]
Offer of employment
Further to your recent interview with [interviewer(s)], I am pleased to confirm our provisional offer of employment as [job title] at [state employer]. The terms of the offer in this letter override anything said to you during your interview or any other discussions about your employment. The following terms will apply subject to all satisfactory checks being completed:
Salary
The post is graded [grade] on the [insert name of scale].
Your starting salary will be [£figure] per annum, which will be paid monthly [in arrears] on the [date] of each calendar month direct into your bank/building society account.
Hours of work
This is a [part-time OR full-time] position. You will be required to work [x] hours per week within the following working hours [Time] to [Time].
[Your actual work pattern will be determined by the headteacher and may be subject to change following discussion with you OR Your normal daily work pattern is [Monday to Friday] [time am] to [time pm], with an [unpaid [one hour/half hour]] break for lunch each day.]
[Your hours of work are term-time only, [x] weeks per annum] OR [Your hours of work are term-time, [x] weeks per annum, plus [x] additional weeks during school holidays, dates at the discretion of your line manager] OR [Your hours of work are all year-round, i.e. not term-time only.
Your hours of work shall be in accordance with the School Teachers’ Pay and Conditions Document as amended from time to time. Full time teachers are required to be available for work for up to 1265 hours of directed time over 195 days. In addition you shall work such additional hours as are necessary to effectively fulfil your professional duties.
There is no specific minimum and/or maximum hours of work for Headteachers, Deputy Headteachers and Assistant Headteachers. You are required to work as many hours/days as is necessary to ensure the effective discharge of professional responsibilities. This applies to both full time and part time members of staff on the Leadership scale.
Duration
[This appointment is intended to be permanent]. OR [This is a fixed term appointment, ending automatically on [date] due to [insert reason]] OR [This is a temporary appointment, due to [insert reason], which we anticipate will end on or around [date]
Start date
Your appointment is provisional, subject to satisfactory completion of all pre-employment checks required, including: Satisfactory Enhanced DBS Disclosure, including check of Barred List Satisfactory employment references Satisfactory medical clearance Verification of identity (preferably from current photographic ID and proof of address) Confirmation (by document(s)) of your right to work legally in the UK Verification of professional status (where applicable and for teachers this will include checking the NCTL’s Employer Access Online System) [confirmation that the you are not disqualified or disqualified by association from providing childcare] [Verification that you are not subject to a prohibition order] [satisfactory check of the ‘Teachers sanctioned in other EEA member states’ list to determine any restrictions/sanctions that have been imposed in other EEA member states, through the NCTL’s Employer Access Online System” [Confirmation of qualifications as required by the Person Specification] [Additional overseas checks]
This offer will be withdrawn if any of the above conditions are not satisfied. Please do not resign from your current job until you have had confirmation that these conditions have been satisfied.
In addition, your employment will be subject to the completion of a satisfactory six-month probationary period during which time you will be expected to establish your suitability for the post.
Your start date has provisionally been agreed as [date], subject to completion of the above checks. Details of your induction programme will be advised separately.
On your initial arrival please bring with you [our new starter form, which will include the number and sort code of your bank/building society account; a P45 and your National Insurance details].
Acceptance of terms
This offer is subject to our normal terms and conditions of employment, fuller details of which are contained within the enclosed Statement of Main Terms and Conditions of Employment.
I very much hope that you will accept this offer of employment. Please could you let me have your written response by [date], confirming your decision to join [state employer] based on the conditions set out in the preceding paragraphs. This offer is open for you to accept until [DATE], at which time it will be deemed to be withdrawn.
Yours sincerely
[name] [job title]
To:
From:
I acknowledge receipt of this offer letter [and the enclosed Statement of Employment Particulars] and confirm my acceptance of these terms.
Name ……………………………………………………………………………………
Signature………………………………………………………………………………
Date………………………………………
The Learning Academy Trust Staff Induction
All paid, voluntary and student staff have the same roles and responsibilities for our Academy and our pupils, their families and our wider community. Therefore the Academy has the same responsibilities to all paid and unpaid staff, volunteers and parent helpers.
First Day
Area for Discussion/Introduction - General Member of Staff Tick when completed Welcome – Name badge issued Introduction to the Academy Reception, front of house Team Location of toilets, shower room and staff room Information about staff activities and staff meetings Information Board and current schemes Healthy Schools and Healthy Work Place status Ordering a school meal and healthy option scheme Refreshment contribution and social fund Discuss school vision Code of conduct Appropriate dress Confidentiality Social Websites Attendance Reward (pupils) Travel to work, healthy lifestyle, traffic congestion, limited parking Your line manager will be ______Your mentor will be ______
Area for Discussion/Introduction – Health & Safety Member of Staff Tick when completed Signing-in Procedures for staff, pupils and visitors. Location of resources Tour of the Academy site (inside and outside). Particular attention is drawn to the following areas: 1. School Access Gates 2. Fire Assembly Point 3. Fire Extinguishers (School Map) 4. Fire Exits 5. First Aid Equipment 6. Log book showing children with medical conditions 7. Accident Book 8. Head Injury Procedures 9. Log book showing Parent/Carer contacts and procedure for logging phone calls to parents/carers regarding pupil medical concerns etc. The Health & Safety nominated person at the Academy is ______The Staff Welfare Officer at the Academy is ______How to access confidential support
Area for Discussion/Introduction – Safeguarding Member of Staff Tick when completed Safeguarding Pack to be issued and signed for. Policies include: Safeguarding/Child Protection Handbook o Disqualification Declaration Form Keeping Children Safe Leaflet Keeping Children Safe in Education Child Protection Policy Positive Behaviour Policy Adult Code of Conduct Confidentiality Statement E-Safety Policy Acceptable Use Agreement Social Networking Policy Anti-Bribery Child Protection Officer and Deputies Seven Golden Rules to Information Sharing Four areas of Abuse The school day. What time the school date are locked and unlocked Late pupil procedure Staff absence Procedure for children being withdrawn from school between 9am & 3.15pm Number combination for front reception security door Name badge to be worn at all times Positive Behaviour Policy including reward/sanction systems
Named Roles – Introduction Executive Principal of TLAT Lisa Mannall Head of School Assistant Headteacher Business Director Principal Personal Assistant & Company Secretary Finance Officer Family Liaison Lead Admin Assistant Site Manager Site Assistant
Name ......
Signed ......
Dated ......