Ofsted safeguarding policy and procedures
This document outlines Ofsted’s policy on responding to concerns regarding the safeguarding and protection of children and young people aged under 18 years. This policy, combined with the associated procedures, provides guidance to all staff who may come across concerns of this nature within the context of their work for Ofsted.
Age group: All Published: September 2010 Reference no: 100183
The Office for Standards in Education, Children's Services and Skills (Ofsted) regulates and inspects to achieve excellence in the care of children and young people, and in education and skills for learners of all ages. It regulates and inspects childcare and children's social care, and inspects the Children and Family Court Advisory Support Service (Cafcass), schools, colleges, initial teacher training, work-based learning and skills training, adult and community learning, and education and training in prisons and other secure establishments. It assesses council children’s services, and inspects services for looked after children, safeguarding and child protection. If you would like a copy of this document in a different format, such as large print or Braille, please telephone 0300 123 1231, or email [email protected]. You may copy all or parts of this document for non-commercial educational purposes, as long as you give details of the source and date of publication and do not alter the information in any way. To receive regular email alerts about new publications, including survey reports and school inspection reports, please visit our website and go to ‘Subscribe’. Royal Exchange Buildings St Ann’s Square Manchester M2 7LA
T: 0300 123 1231 Textphone: 0161 618 8524 E: [email protected] W: www.ofsted.gov.uk No. 100183 © Crown copyright 2010
Contents
Part 1. Safeguarding children and young people policy 4 Purpose of this document 4 The definition of safeguarding 5 Aims and objectives of the policy 6 Ofsted’s responsibilities 6 Future action 8 Part 2. Procedures for responding to specific child protection concerns about children at risk of significant harm 8 Section 1. Scope of the procedure 8 Section 2. Immediate action to take if, as a member of Ofsted staff, you observe abuse while it is taking place 10 Section 3. Immediate action to take if you receive an allegation of possible significant harm to a child or young person 11 Section 4. Identification of level of concern and next steps 13 Section 5. Subsequent action in all cases 14 Section 6. National Business Unit, CIE staff, and the Ofsted complaints team 15 Section 7. Allegations about a member of Ofsted staff 16 Section 8. Concerns arising during registration 16 Part 3. Safeguarding vulnerable adults 16 Policy and procedures 16 Annex 1. Definitions 20 Annex 2. Complaints or concerns about our staff 28 Annex 3. The legislative context 32 Annex 4. Safeguarding flowchart 43
Part 1. Safeguarding children and young people policy
1. Ofsted’s aim is to ensure, through effective inspection and regulation, that outcomes for children and young people are improved by the receipt of better care, services and education. Improved outcomes can only be achieved if children are safe from harm. Therefore, safeguarding the welfare of children is part of our core business. Purpose of this document
2. The purpose of this document is to outline Ofsted’s policy on responding to concerns regarding the safeguarding and protection of children and young people aged under 18 years.1 This policy, combined with the associated procedures, provides guidance to all staff who may come across concerns of this nature within the context of their work for Ofsted. This includes:
all members of Ofsted’s workforce, both inspectors and office based staff additional inspectors individuals, consultants and agencies contracted by Ofsted.
The policy seeks to promote effective multi-agency working in light of the Children Act 2004 and Working together to safeguard children (DCSF, (now DfE) 2010).2 Further guidance to inspectors can also be found on the regularly updated Frequently Asked Questions on our website: www.ofsted.gov.uk/Ofsted-home/About-us/FAQs/Safeguarding.
Some Ofsted inspections are of settings and services for vulnerable young people and adults. Ofsted has a linked policy and procedure for responding to concerns regarding the protection of vulnerable adults when these are identified through inspection or other activity. This can be found in Part 3 of this document. While the legislative and policy base is different when responding to the safeguarding needs of vulnerable adults, most of the principles and procedures for staff are the same.
1 While the definition of children in need under the Children Act 1989 and Children Act 2004 includes certain young people aged 18 or over (those attending special schools, care leavers etc), Working together to safeguard children and therefore the work of Local Safeguarding Children’s Boards (LSCBs) only relate to children who have not yet reached the age of 18. Safeguarding issues relating to vulnerable young people of 18 or over are covered by the Vulnerable Adults policy and procedures. 2 Working together to safeguard children, DfE, 2010; www.dcsf.gov.uk/everychildmatters/safeguardingandsocialcare/safeguardingchildren/workingtogether /workingtogethertosafeguardchildren/.
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The definition of safeguarding
3. Ofsted adopts the definition used in the Children Act 2004 and the Department for Education (DCSF (now DfE)) guidance document Working together to safeguard children (2010, paragraph 1.20), which focuses on safeguarding and promoting children and young people’s welfare and can be summarised as:
protecting children from maltreatment preventing impairment of children’s health or development ensuring that children are growing up in circumstances consistent with the provision of safe and effective care, and undertaking that role so as to enable those children to have optimum life chances and to enter adulthood successfully.
The procedures in Part 2 and Part 3 refer only to the first of these four bullet points – what to do when responding to specific concerns about the protection of children or vulnerable adults respectively.
4. For the purposes of this policy a distinction is drawn between:
specific safeguarding concerns that need to be raised with a senior manager within the responsible provider and/or authority as part of inspection or regulation work. For example, such concerns could include but may not be limited to:
no designated senior person for child protection within a school inadequate safeguarding arrangements in a nursery incomplete records of serious incidents in a children’s home inadequate response to bullying within a school poor and unsafe social work practice by a council or other agencies in the recent past incomplete records of recruitment checks
the role of inspectors in gathering evidence on the effectiveness of safeguarding arrangements to inform inspection judgements. (This will vary depending on the context and focus of the individual inspection) the role of designated staff in Ofsted’s Compliance, Investigation and Enforcement team in responding to notifications of serious incidents and child deaths. See specific guidance responding to specific child protection concerns about children at risk of significant harm that are likely to need to be referred through to social services and possibly the police. This aspect is the subject of the procedures in Part 2 of this document.
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Aims and objectives of the policy
5. Ofsted has a broad remit and a wide range of regulation and inspection activity covering settings that also have broader safeguarding responsibilities. In all of this activity, as well as responding to immediate concerns, we will ensure that appropriate measures and practice to safeguard and promote the welfare of children are in place and bring matters requiring attention to the relevant authorities.
6. All Ofsted staff are required to complete an online basic safeguarding training and assessment programme, supplemented by a refresher module after three years. Staff are therefore expected to have a good understanding of safeguarding concerns, including potential abuse and neglect of children and young people, which may come to light in the workplace as well as in the settings we regulate and inspect. Staff who work in areas involving vulnerable adults are also expected to complete an online training and assessment module on this aspect of safeguarding. At whatever level we identify risks we will highlight them and seek to ensure that appropriate steps are taken to safeguard the children concerned.
7. We will ensure that all Ofsted’s employees and those who undertake work on our behalf maintain a proper focus on safeguarding children and young people and that this is reflected both in sound individual practice and our internal policies and guidance. All permanent and contracted staff working with children and young people must:
give highest priority to children’s welfare recognise, identify and respond to signs of abuse, neglect and other safeguarding concerns relating to children and young people respond appropriately to disclosure by a child, or young person, of abuse respond appropriately to allegations against staff, other adults, and against themselves act appropriately during inspection and understand safe practice in carrying out their duties be alert to the risks which abusers, or potential abusers, may pose be aware of the importance of the role of inspected services in promoting the welfare of children and contribute as necessary to all stages of Ofsted’s safeguarding and protection processes. Ofsted’s responsibilities
8. Ofsted does not investigate individual child protection cases or referrals. Ofsted is not the statutory authority for the conduct of enquiries into specific child protection concerns; therefore all staff need to follow the procedures to ensure
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that all allegations or suspicions of abuse or significant harm to any child are reported to the children’s services3 department of the relevant local authority. We will share all relevant information with the respective statutory child protection agencies (children’s services and/or police) without delay and within agreed protocols.
9. Ofsted will ensure that it fulfils its responsibilities to work jointly with others to safeguard and promote the welfare of children and young people and, where necessary, to help bring to justice the perpetrators of crimes against children.
10. Ofsted will also fulfil its own responsibilities and powers as a regulator (for example, in relation to early years and childcare settings and social care settings such as children’s homes) and take whatever enforcement action is deemed necessary to protect children.
11. Ofsted is involved in a wide range of inspection, regulatory activity and surveys covering the following organisations and settings and functions:
state and independent day schools residential special schools short stay schools (formerly Pupil Referral Units) boarding schools residential children’s homes residential children’s home with education on the premises secure children’s homes secure training centres residential family centres early years and childcare youth services colleges independent specialist colleges work-based learning and training training of armed forces adult learning initial teacher training fostering and adoption services and agencies
3 The term Children’s Services is used throughout this document to include children’s social care services.
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private fostering arrangements Children and Families Court Advisory Support Services (Cafcass) youth offending teams (with HMI Probation) young offender institutions (with HMI Prisons) contact, referral and assessment arrangements for children and young people in need of protection safeguarding and looked after children services in local authorities annual ratings of children’s services in local authorities.
12. Ofsted undertakes much of its inspection activity in partnership with other inspectorates. In some cases Ofsted takes the lead when working with other inspectorates, in others the lead lies elsewhere. In all joint inspections it is the expectation that the policy and procedures of the lead inspectorate will be followed when reporting a matter of concern. Despite this it is recognised that individual inspectorates, including Ofsted, will need to fulfil their own statutory responsibilities and comply with their own internal procedures. Future action
13. Ofsted has established a standing cross-remit Safeguarding Group, accountable to the Director, Development (social care), to:
coordinate the implementation of the policy and procedures and associated staff training/briefings monitor compliance with the policy ensure that procedures, advice and guidance work effectively and are revised as needed consider and advise on the review and development of inspection methodologies by individual directorates to ensure that safeguarding issues are adequately addressed develop arrangements for utilising and collating safeguarding evidence arising out of inspections report to the Board on matters relating to safeguarding. Part 2. Procedures for responding to specific child protection concerns about children at risk of significant harm Section 1. Scope of the procedure
14. Ofsted staff (that is, those employed directly by Ofsted, or working under contract) may encounter child protection concerns. Such concerns could
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emerge from Ofsted’s inspection and regulation work, from a member of the public contacting Ofsted or by a parental complaint.
15. The concern might relate to:
what is or may be happening (or happened in the past) to a child or young person in an organisation we inspect (for instance a nursery or school), or what is happening (or happened) outside that organisation (for instance in their own family).
16. The concern may be brought to our attention by the child or young person themselves, alleged by others or through direct inspection activity and observation.
17. The concerns may therefore be about the behaviour of a:
member of staff (for instance a teacher, social worker or playgroup worker) provider of a service (for instance a childminder, foster parent or volunteer) peer (for instance another young person in a children’s home) child or young person or adult in the community (for instance a relative or family friend) member of Ofsted’s staff (for instance an inspector).
18. The concern could relate to actions or inaction (for instance an insufficient response by a provider to information regarding the risk of significant harm to a child or young person).
19. The concern may be about a current situation or past events and may be about allegations or disclosures of physical abuse, sexual abuse, emotional abuse or neglect, or a combination of one or more of these categories. For a more detailed set of definitions, refer to Annex 1.
20. Ofsted staff may receive this information by one or more means, such as a telephone call, a letter, an email, through observation, discussion and the examination of documents.
Any member of Ofsted staff could receive such information. In all circumstances they must respond in accordance with the following procedure.
Notes
21. The procedures apply both to situations where inspectors are acting as members of a team and where they are working individually. Where inspectors are working individually they are, in practice, the ‘lead inspector’ referred to in this procedure and must act accordingly.
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22. Staff receiving a parental complaint need to decide whether any matters need to be dealt with under the child protection procedures as well. This may be particularly relevant when considering complaints about bullying. If in doubt seek advice from the Compliance, Investigation and Enforcement (CIE) team (see section 5, page 14).
23. These procedures give guidance on necessary actions up to the point at which referral is made to the CIE team via the National Business Unit (NBU). The NBU CIE and the complaints teams have their own desk instructions which give guidance on subsequent actions. Section 2. Immediate action to take if, as a member of Ofsted staff, you observe abuse while it is taking place
24. This could take a number of forms, for instance seeing an adult hit a child, observing a member of staff using inappropriate restraint on a young person or witnessing the neglect of basic care needs of a disabled child.
25. First, do all you can to stop the abuse immediately without putting the child or young person, or yourself, at undue risk. Inform the perpetrator of your concerns. Advise them to stop the action immediately. Ask them to move themselves to an area where there is no contact with children and young people. Advise them that you will immediately be informing the senior manager on site or elsewhere within the organisation, if appropriate, and the Ofsted CIE team.
Then:
if the perpetrator fails to desist – take appropriate action to stop the abuse and call for assistance if the perpetrator does desist, and even if they leave the scene as requested, it is essential that you stay with the child until you can transfer them to the care of another responsible adult.
Then:
report the incident immediately to the lead inspector (when working in an inspection team) or line manager (when working alone) The lead inspector, or inspector working alone, should contact the CIE team immediately via the NBU (see Section 4).
And:
inform the provider’s senior person on site, and/or elsewhere in the organisation, where appropriate, of the incident. It will almost always be appropriate to inform the senior person on site but if you have any doubts discuss this first with the CIE team. The team can also advise on whether it
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is necessary to inform an offsite senior manager (for example when the perpetrator is the senior person on site or the only person on site).
26. Take notes of what has been said, what you have heard or seen – if it is not possible to take notes at the time, do so immediately afterwards. Keep the notes taken at the time, without amendment, omission or addition, whatever subsequent reports may be written. The notes should be dated and signed. The notes should cover what you saw, who said what, what action you took, and the details of date, time and location and names of child and perpetrator.
27. Then follow the steps in Section 5. Section 3. Immediate action to take if you receive an allegation of possible significant harm to a child or young person
If you are in direct contact with the person raising the concern, for instance through a telephone call, receipt of a complaint or as part of an inspection interview.
Stop other activity and focus on what you are being told, or have just seen. Responding to suspicion of abuse takes immediate priority. Do not promise confidentiality or agree to ‘keep it a secret’. Explain clearly to the person raising the concern about what you expect will happen next. You can assure them that you will only tell those you have to tell to try to get the matter dealt with. You can and should express support and reassurance to the person giving you the information, particularly if it is a child or young person, that the matter will be dealt with quickly and appropriately. It is absolutely vital that you avoid any action that could jeopardise subsequent investigations, including legal proceedings. In particular, avoid asking leading questions like ‘Did he do X to you?’ or ‘How did he hurt the young person’ but confine yourself to open questions like ‘Can you tell me what happened?’ and ‘What happened next’ or ‘Who said that?’
28. Ask only what you need to know to come to a judgement about whether abuse may have taken place and to gather factual details. You do not need full details but do need sufficient information for an informed referral:
details of the concern or allegation name, date of birth and address of the child or young person details of the service or setting being inspected including contact details of manager on site, and so on
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if possible, additional relevant information regarding the child, for example ethnicity and details of other agencies involved.
29. If talking with a child then work at their pace – do not rush them. Avoid expressing opinions.
Consider whether immediate action is needed to secure the protection of any children or young people who may be at risk. Think about the child or young person who is the immediate subject of the concerns, and any other child or young person who may be at risk, in light of what you have been told or suspect. If you are onsite with any children or young people, who may be at immediate risk, consider what action may be necessary to secure their safety. You will need to stay with those you think are at immediate risk until you can transfer them to the care of another responsible adult. Then you will need to contact the senior staff member on site, if there is one, so they can take responsibility for further action (for example, the immediate suspension and removal of the staff member). If there is no-one on site you will, in discussion with CIE, need to decide on any further action you may need to take to ensure children’s safety. If you are not onsite with a child or young person, discuss how they may make themselves safe. Take into account the child’s or young person’s wishes about any immediate protection. Check whether any other children may be at risk and consider what action is necessary to secure their immediate safety. Take notes of what has been said, what you have heard or seen and what you did – if it is not possible to take notes at the time, do so immediately afterwards. Keep the notes taken at the time, without amendment, omission or addition, whatever subsequent reports may be written. Wherever possible, try to write down what was said verbatim, and make it clear (for example, by using quotation marks) where your notes record somebody’s actual words. Notes should be dated and signed. Follow the steps in Section 4 below.
If you are not in direct contact with the person raising the concern, for instance if you have received a letter or email.
Stop other activity and focus on what you are being told. Responding to suspicion of abuse takes immediate priority. Retain any written records including emails and letters. Follow the steps in Section 4.
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Section 4. Identification of level of concern and next steps
30. In all cases:
Do not, at this stage, tell the person who is the subject of an allegation or suspicion what you have been told or what you suspect – that may put a child or young person at further risk and/or jeopardise any subsequent enquiry. Do not investigate the case yourself. While professionals should seek, in general, to discuss any concerns with the child and family and, where possible, seek their agreement to making referrals to local authority children’s social care, this should only be done where such discussion and agreement-seeking will not place a child at increased risk of suffering significant harm. Decide whether the allegation or suspicion indicates that a child or young person may be suffering, or is at risk of suffering, significant harm (‘significant harm’ is the trigger for children’s social care services and/or subsequent police enquiries. You can find more details of what is meant by significant harm in Annex 1). You will need to discuss with the CIE team whether:
the allegation or suspicion would constitute a child or young person suffering, or being at risk of, significant harm the actual or likely harm is of a sexual, physical, emotional or neglect nature, or involves witnessing domestic violence, sufficient to affect the child’s or young person’s normal physical, sexual, emotional, educational or social development.
Remember, whether or not you personally believe what is said, the benefit of the doubt must always be in favour of making the report. You do not personally have to believe the concern to be true to make a referral. This assessment is for children’s services and/or the police to make. False allegations, even anonymous ones, are relatively rare.
If the concerns are raised during the course of an inspection and you are a member of an inspection team discuss the allegation, if practicable, immediately with the lead inspector (unless they are the subject of the allegation – see section 7). The lead inspector will decide whether they, or you, should contact the CIE team via the NBU. The CIE team will need first-hand reports or evidence, so you will usually be the best person to make contact. If you are unable to contact the lead inspector or you are an inspector working alone, contact the CIE team via the NBU directly and without delay. If the concerns are identified outside of normal office hours and the NBU and CIE are unavailable, decide whether there is an immediate risk to the child. If so, contact the relevant Emergency Duty Team of the children’s Ofsted safeguarding policy and procedures 13
social care services. This will usually be via the main switchboard number of the local authority. If this presents a problem, contact the police. Inform the CIE team, lead inspector and your line manager of your action as soon as practicable. Follow the steps in Section 5 below.
If you are not a member of an inspection team – Go to Section 5 below. Section 5. Subsequent action in all cases
Contact the CIE team immediately by telephone, via the NBU number – 0300 123 1231.
31. For any referral to be made to the appropriate authorities for investigation you will need to know:
details of the concern/allegation name, date of birth and address of the child or young person details of the service/setting being inspected including contact details of manager on site, and so on if possible, additional relevant information regarding the child, for example ethnicity and details of other agencies involved.
Discuss the concerns and next steps with the CIE team. The discussion with the CIE team will decide whether the concerns should be referred to the local authority Emergency Duty Team and/or police. The CIE team will normally make that contact. The CIE team may also contact the local authority designated officer if they wish to discuss the case before making the referral. In some circumstances it may be agreed, in discussion with the CIE team, that direct contact be made by you. In all circumstances the CIE team will retain the overall coordinating function and responsibility for the process. Discussion with the CIE team will include the issue of contact with the senior person in the provider agency (or further contact if initial contact has already been made). Such contact will usually be with the senior person on site. The discussion with the CIE team will determine what further information, if any, should be provided. In the event of an allegation concerning a member of their staff, the provider may be advised to take action (within their own procedures) such as suspension of the staff concerned, pending the investigation. While the provider should not themselves investigate the concern or allegation, this does not prevent the provider from gathering information which they need to take management action, (for instance by examining staff rotas) as long as this does not affect any subsequent investigation. In most cases you should inform a senior person, or the provider, of the circumstances and the action you have taken or will be taking next. However, you should not do so if the concern relates to that 14 Ofsted safeguarding policy and procedures
senior person or if there are any other factors that might affect a subsequent investigation or place any person at risk. Any ‘investigation’ by the provider or the provider’s senior person even with good intentions could compromise subsequent investigations or alert possible offenders. The senior person must therefore be advised to take no action themselves to investigate the concerns. However, they may need to take action to protect children. On occasions, Ofsted’s inspectors will be part of inspection teams led by other inspectorates. On these occasions the child protection procedures of the lead inspectorate will be followed. Ofsted staff should, however, always notify the CIE team and their line manager of the nature of any concern and action taken. Confirm your oral report, including the nature of the allegation/incident, the nature of the suspected harm or likely harm and your subsequent actions by email to the CIE team within the next 24 hours. You should copy this to your line manager and the lead inspector. Written reports should be clear and unambiguous since any evidence, including written reports and any notes or other information, are open to disclosure in any subsequent proceedings. Circumstances not requiring any further action. If after discussion with the CIE team it is decided that no further action will be taken through child protection procedures, the CIE team will advise on the next steps to take. Situations may arise when the time taken to deal with a child protection concern delays the completion of an inspection. Staff should seek advice from the lead inspector or their line manager on what steps to take in these circumstances. Section 6. National Business Unit, CIE staff, and the Ofsted complaints team
Members of Ofsted staff should take action in line with the relevant desk instructions. Referrals to the local authority duty team will normally be made by the CIE team. In certain circumstances you may agree that the inspector who reports the incident to you should make this contact. Any referrals will be made within two hours of the CIE team having sufficient evidence, and always as speedily as possible. Where a referral is made, the CIE team will follow this up in writing within two working days. The CIE team will also follow up the referral by liaising with the duty team or the local authority designated officer within 10 working days to ascertain the steps they have taken, feeding back to the lead inspector and/or the
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inspector or the relevant staff member who passed on the initial information. Section 7. Allegations about a member of Ofsted staff
Decide whether any immediate action needs to be taken in line with Sections 2 and 3 of the procedure and then contact the Divisional Manager CIE team or their principal officer. Where concerns are reported about any Ofsted staff member, they should always be passed to the CIE team in line with Working together to safeguard children. The responsible senior officer in this team is the Divisional Manager CIE or, in their absence, the Principal Officer CIE. These colleagues are the senior managers to whom all allegations or concerns that a member of staff, or someone working on behalf of Ofsted, may have abused a child should be reported. If no senior manager is available, then the head of human resources business partnering in Human Resources should be contacted. The responsible CIE senior officer will liaise with the head of business partnering. Together, they will coordinate decisions and any actions to be taken, including any referral to children’s social care services/police and any subsequent actions by Ofsted. If allegations or concerns are raised with an inspector regarding the lead inspector during an inspection then the inspector should make the contact direct with the senior officer within the CIE team and not discuss the issue with the subject of the concern.
See Annex 2 for more details relating to complaints or concerns about staff. Section 8. Concerns arising during registration
The NBU will also screen information received as part of the childcare or children’s social care registration process to ensure that any information from routine checks indicating that any children may be placed at risk of harm is identified and highlighted without delay. The NBU staff will inform the allocated inspector and/or their line manager by email and telephone call if necessary. Confirmation of this action will also be copied to the senior officer within the CIE team. Part 3. Safeguarding vulnerable adults Policy and procedures
Introduction
32. The legal and policy basis for responding to concerns regarding the safeguarding and welfare of vulnerable adults is entirely different from that for children and young people. Working together to safeguard children only applies 16 Ofsted safeguarding policy and procedures
to children and young people up to when they reach the age of 18. Any incident or concerns relating to a young person or adult of 18 years and over, even if still at school, are not covered by Local Safeguarding Children’s Boards or their procedures. Government guidance in relation to adults is contained in the document ’No Secrets’ and the previous Protection of Vulnerable Adults guidance (now Adult’s List guidance).4, 5 Good practice guidance is also available through the Association of Directors of Social Services publication Safeguarding Adults: A national framework of standards for good practice and outcomes in adult protection work.
Policy statement
33. Ofsted is committed to working with other agencies to ensure that people in settings that we inspect are safeguarded. People who use services have a right to live and work in environments free from abuse, neglect and discrimination.
34. Ofsted does not investigate issues of concern in relation to vulnerable adults. Local councils and the police hold the lead responsibilities for responding to allegations of abuse in relation to adults and in coordinating the local interagency framework for safeguarding adults.
35. Ofsted will bring to the attention of the social services and police any concerns or allegations identified through any part of its work.
The definition of abuse of adults is contained in ‘No Secrets’ (Para 2.5)
36. Abuse is a violation of an individual’s human and civil rights by other person or persons. Abuse may consist of single or repeated acts. It may be physical, verbal or psychological, it may be an act of neglect or omission to act, or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented, or cannot consent. Abuse can occur in any relationship and may result in significant harm to, or exploitation of, the person subjected to it.
4 No secrets: guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse, DoH, 2000; www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4008486. 5 Protection of Vulnerable Adults (POVA) scheme in England and Wales for care homes and domiciliary care agencies: a practical guide, DoH, 2004; http://webarchive.nationalarchives.gov.uk/+/www.dh.gov.uk/en/Publicationsandstatistics/Publications /PublicationsPolicyAndGuidance/DH_4085855.
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37. A vulnerable adult is defined by the Safeguarding Vulnerable Groups Act 2006 as a person who is aged 18 years or over and who:6
is living in residential accommodation, such as a care home or a residential special school is living in sheltered housing is receiving domiciliary care in their own home is receiving any form of healthcare is detained in lawful custody (in a prison, remand centre, young offender institution, secure training centre or attendance centre, or under the powers of the Immigration and Asylum Act 1999)7 is under the supervision of the probation services is receiving a welfare service defined as the provision of support, assistance or advice by any person, the purpose of which is to develop an individual’s capacity to live independently in accommodation or support their capacity to do so is receiving a service or participating in an activity for people who have particular needs because of their age or who have any form of disability is an expectant or nursing mother living in residential care, or is receiving direct payments from a local authority or health and social care trust in lieu of social care services.
38. Within this context abuse can take the form of:
physical abuse – including hitting, pushing, kicking, misuse of restraint or inappropriate sanctions sexual abuse – including sexual assault or acts to which the adult did not, or could not consent psychological abuse – including emotional abuse, threats, deprivation of contact, humiliation, intimidation, coercion, verbal abuse, isolation or withdrawal from services financial or material abuse – including exploitation and pressure in connection to wills, property, inheritance or financial transactions neglect or acts of omission – including ignoring medical or physical care needs, withholding of medication or adequate nutrition and failure to provide access to appropriate health, social care or educational services
6 Safeguarding Vulnerable Groups Act 2006, 2006; www.legislation.gov.uk/ukpga/2006/47/contents. 7 Immigration and Asylum Act 1999; www.legislation.gov.uk/ukpga/1999/33/contents.
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discriminatory abuse – including racist, sexist and other forms of harassment.
Procedure for responding to safeguarding concerns relating to vulnerable adults
39. The principles for staff in identifying and responding to incidents of concern in relation to adults are the same as those for children and young people. In most cases exactly the same process and guidance outlined in Part 2 – Sections 1 to 5 will need to be followed by the staff member, whether an inspector or office based. There are differences in the definition of abuse and in the response of the statutory agencies to concerns raised with them by Ofsted through the CIE Team.
40. In summary if an act of abuse or neglect of a vulnerable adult is identified or suspected then the Ofsted staff member should:
stop everything else and concentrate on what you are observing or being told ensure the immediate safety of the vulnerable adult (and any other persons) do not promise confidentiality or agree to keep something secret do not investigate yourself and avoid asking leading questions obtain the necessary information to make an informed referral contact the CIE team via the NBU number – 0300 123 1231 to discuss next steps and appropriate action advise the senior manager within the setting being inspected – or an external manager if appropriate make and keep a record of the incident and actions taken.
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Annex 1. Definitions
Abuse and neglect
The following definitions are taken from Working together to safeguard children (DCSF (now DfE): March 2010).
Abuse and neglect are forms of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting, by those known to them or, more rarely, by a stranger. They may be abused by an adult or adults or another child or children.
Physical abuse
Physical abuse 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.
Emotional abuse
Emotional abuse is 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 children 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 the 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 cyber-bullying), 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 maltreatment of a child, though it may occur alone.
Sexual abuse
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
20 Ofsted safeguarding policy and procedures
(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.
Neglect
Neglect is 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) ensure access to appropriate medical care or treatment.
It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
The concept of significant harm
Some children are in need because they are suffering or likely to suffer significant harm. The Children Act 1989 introduced the concept of significant harm as the threshold that justifies compulsory intervention in family life in the best interests of children, and gives local authorities a duty to make enquiries to decide whether they should take action to safeguard or promote the welfare of a child who is suffering, or is likely to suffer significant harm.8
A court may make a care order (committing the child to the care of the local authority) or supervision order (putting the child under the supervision of a social worker, or a probation officer) in respect of a child if it is satisfied that:
the child is suffering, or is likely to suffer, significant harm, (including impairment suffered from seeing or hearing the ill-treatment of another); and the harm or likelihood of harm is attributable to a lack of adequate parental care or control (section 31 of the Act).
There are no absolute criteria on which to rely when judging what constitutes significant harm. Consideration of the severity of ill-treatment may include the degree and the extent of physical harm, the duration and frequency of abuse and neglect, the extent of premeditation, and the presence or degree of threat, coercion, sadism and bizarre or unusual elements. Each of these elements has been associated
8 The Children Act 1989; www.legislation.gov.uk/ukpga/1989/41/contents.
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with more severe effects on the child, and/or relatively greater difficulty in helping the child overcome the adverse impact of the maltreatment. Sometimes, a single traumatic event may constitute significant harm, for example, a violent assault, suffocation or poisoning. More often, significant harm is a compilation of significant events, both acute and long-standing, which interrupt, change or damage the child’s physical and psychological development. Some children live in family and social circumstances where their health and development are neglected. For them, it is the corrosiveness of long-term emotional, physical or sexual abuse that causes impairment to the extent of constituting significant harm. In each case, it is necessary to consider any maltreatment alongside the child’s own assessment of his or her safety and welfare, the family’s strengths and support services, as well as an assessment of the likelihood and capacity for change and improvements in parenting and the care of children and young people.
Other contexts
Residential provision
Ofsted inspects places where children and young people are educated, and sometimes where they stay overnight. As with all other care, education and training settings, when visiting places where children and young people stay overnight, inspectors have a responsibility to treat children and young people’s welfare as being of the utmost importance.
There are a number of basic safeguards which should be observed in all settings in which children and young people live away from home, for example in foster care including private fostering, residential care including secure accommodation, health settings, residential schools, prisons and young offender institutions. Ofsted has regulatory responsibility for all ‘care and accommodation’ aspects of the majority of these settings and inspects them on a regular basis.
These safeguards include that:
children and young people feel valued and respected and their self-esteem is promoted there is an openness on the part of the institution to the external world and external scrutiny, including openness with families and the wider community staff and foster carers are trained in all aspects of safeguarding children and young people; alert to children and young people's vulnerabilities and risks of harm; and knowledgeable about how to implement child protection procedures children and young people have ready access to a trusted adult outside the institution, for example a family member, their social worker, independent visitor or independent advocate children and young people are aware of how they can complain and the help they could receive from independent advocacy services; children and
22 Ofsted safeguarding policy and procedures
young people have information about how to access the authority’s complaints officer, Ofsted’s Children’s Rights Director or Childline, and children of appropriate age and understanding are confident that they could do so complaints procedures are clear, effective, user friendly and are readily accessible to children and young people, including those with disabilities and those for whom English is not a first language. Procedures address informal as well as formal complaints systems promote open communication about 'minor' complaints and recognise that they may indicate more deeply seated problems in management and culture which need to be addressed there is a complaints register in every children's home which records all representations or complaints, the action taken to address them, and the outcomes recruitment and selection procedures are rigorous and create a high threshold of entry to deter abusers clear procedures and support systems are in place for dealing with expressions of concern by staff and carers about other staff or carers organisations have a code of conduct instructing staff on their duty to their employer and their professional obligation to raise legitimate concerns about the conduct of colleagues or managers the organisation ensures that procedures can be invoked in ways which do not prejudice the 'whistle-blower's' own position and prospects there is respect for diversity and sensitivity to race, culture, religion, gender, sexuality and disability there is effective supervision and support, which extends to temporary staff and volunteers staff and carers are alert to the risks to children in the external environment from people prepared to exploit the additional vulnerability of children living away from home.
Where statutory services are not providing the services directly they should ensure that the safeguards are explicitly addressed in contracts with external providers.
Protection of vulnerable adults
Alongside Ofsted’s responsibility to safeguarding children and young people, it has equal regard and concern for safeguarding vulnerable adults who are not covered by child protection legislation.
Ofsted inspectors, and other staff, should be aware of their responsibility towards vulnerable adults and to contribute to preventing further abuse if they are made aware of it.
Ofsted safeguarding policy and procedures 23
The basis for the following is Department of Health guidance detailed in No Secrets (2000) and the Protection of Vulnerable Adults (2004) and reflected in the ‘Adult List’ requirements of the Safeguarding Vulnerable Groups Act 2006.
A vulnerable adult is defined by the Safeguarding Vulnerable Groups Act 2006 as a person who is aged 18 years or over and who:
is living in residential accommodation, such as a care home or a residential special school is living in sheltered housing is receiving domiciliary care in their own home is receiving any form of healthcare is detained in lawful custody (in a prison, remand centre, young offender institution, secure training centre or attendance centre, or under the powers of the Immigration and Asylum Act 1999) is under the supervision of the probation services is receiving a welfare service defined as the provision of support, assistance or advice by any person, the purpose of which is to develop an individual’s capacity to live independently in accommodation or support their capacity to do so is receiving a service or participating in an activity for people who have particular needs because of their age or who have any form of disability is an expectant or nursing mother living in residential care is receiving direct payments from a local authority or health and social care trust in lieu of social care services.
Note, however, that people are not vulnerable adults just because of any learning difficulty or learning disability. They will be defined as vulnerable adults when they receive health, social care or other services, or activities specifically for those with learning difficulties and/or disabilities.
As such Ofsted’s inspectors and other staff may have contact with vulnerable adults in independent specialist colleges as well as in general further education, sixth form or other specialist colleges and, occasionally, in joint inspections of Adult and Community Learning, work-based training and the secure estate.
Adults considered to be vulnerable in the above definition may have a range of learning difficulties and/or disabilities, including: mental health difficulties, significant behavioural and emotional difficulties; cognitive learning difficulties, including severe and complex learning disability; sensory disability; and speech and language disability and communication disorders, including autistic spectrum difficulties and Asperger's Syndrome.
24 Ofsted safeguarding policy and procedures
This is not a complete list nor does it imply that all learners who have such learning difficulties and/or disabilities should be considered to be a vulnerable adult. However, such a decision should not be taken by the inspector or other member of staff in isolation. All incidents and concerns must be reported initially to the lead inspector, if the incident occurs during inspection, and then to Ofsted’s CIE team. Concerns that arise away from an inspection, for example by contact with one of Ofsted’s offices, should be reported immediately to the CIE team.
What is meant by abuse in the context of vulnerable adults?
In addition to definitions provided above, in the context of vulnerable adults the following outlines the main forms of abuse:
physical abuse, including hitting, slapping, pushing, kicking, misuse of medication, restraint, or inappropriate sanctions sexual abuse, including rape and sexual assault or sexual acts to which the vulnerable adult has not consented, or could not consent or was pressured into consenting psychological abuse, including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation, or withdrawal from services or supportive networks financial or material abuse, including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits neglect and acts of omission, including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating discriminatory abuse, based on disability, gender, race, age, religion or belief, gender reassignment and sexual orientation and other forms of harassment, slurs or similar treatment.
Incidents of abuse may be multiple, either to one person in a continuing relationship or service context – or to more than one person at a time. Patterns of abuse and abusing vary and reflect very different circumstances. These include:
serial abusing in which the perpetrator seeks out and ‘grooms’ vulnerable individuals. Sexual abuse usually falls into this pattern as do forms of financial abuse long-term abuse in the context of an ongoing family relationship such as domestic violence opportunistic abuse such as theft
Ofsted safeguarding policy and procedures 25
situational abuse which arises because pressures have built up and/or because of difficult or challenging behaviour neglect of a person’s needs because those around him or her are not able to be responsible for their care, for example, if the carer has difficulties attributable to such issues as debt, alcohol or mental health problems institutional abuse which features poor care standards, lack of positive responses to complex needs, rigid routines, inadequate staffing and insufficient knowledge base within the provider or service unacceptable ‘treatments’ or programmes with sanctions or punishments such as withholding food and drink, seclusion, unnecessary and unauthorised use of control and restraint, or over-medication failure to ensure staff receive appropriate guidance on anti-racist and anti- discriminatory practice failure to access key services such as health care and dentistry misappropriation of benefits and/or use of the person’s money by other members of the household fraud or intimidation in connection with wills, property or other assets.
Some instances of abuse will constitute a criminal offence. In this respect vulnerable adults are entitled to the protection of the law in the same way as any other members of the public. In addition, statutory offences have been created which specifically protect those who may be incapacitated in various ways. Examples of actions which may constitute criminal offences are assault, whether physical or psychological, sexual assault and rape, theft, fraud, and other forms of financial exploitation, and certain forms of discrimination, whether on racial or gender grounds.
Alleged criminal offences differ from all other non-criminal forms of abuse in that the responsibility for initiating action invariably rests with the state in the form of the police and Crown Prosecution Service. While private prosecutions are theoretically possible, they are exceptional in practice. Accordingly, when complaints about alleged abuse suggest that a criminal offence may have been committed it is imperative that reference should be made to the police as a matter of urgency. Criminal investigation by the police takes priority over all other lines of enquiry.
Non-criminal forms of abuse must be also treated with the highest priority. These should be brought to the attention of the senior management and governing body/trustees/proprietors. Such instances may also require referral to other statutory agencies, including local social service departments, Ofsted and the Care and Social Services Inspectorate Wales as appropriate.
Inspectors should ensure that education and training settings follow recent guidance from the Department of Health. This guidance on the Adults List (previously the Protection of Vulnerable Adults) requires providers who provide services for vulnerable adults to carry out stringent pre-employment checks on all staff. 26 Ofsted safeguarding policy and procedures
The procedure to be followed by inspectors and all other Ofsted staff are identical to suspected abuse involving children or young adults. The national CIE team is the main point of contact for all Ofsted staff that suspect any form of abuse or receive allegations of abuse. The CIE team will liaise initially with the police and other agencies as required.
Forced marriage
Forced marriage and honour-based violence are human rights abuses and fall within the Government’s definition of domestic violence. Forced marriage is defined as a marriage conducted without the full consent of both parties and where duress is a factor. There is a clear distinction between forced marriage and an arranged marriage. In arranged marriages, the families may take a leading role in arranging the marriage, but the choice of whether or not to accept remains with the prospective spouses. In a forced marriage, one or both spouses do not consent to the marriage. The young person could be facing physical, psychological, sexual, financial or emotional abuse to pressure them into accepting the marriage.
Many of these acts are committed against children. The Government's Forced Marriage Unit has produced guidelines, in conjunction with the DCSF (now DfE), on how to identify and support young people threatened by forced marriage.
Procedure
Again, the procedure to be followed by inspectors and all other Ofsted staff is similar to that when other types of abuse involving children or young adults is suspected. However, if a child appears to be at immediate risk, refer to section 3 (page 12) of this policy for further advice on action to be taken. The national CIE team is the main point of contact for all Ofsted staff that suspect any form of abuse or receive allegations of abuse. CIE will liaise initially with the police and other agencies such as the Forced Marriage Unit as required. You can find more advice on how the Forced Marriage Unit works at: www.bia.homeoffice.gov.uk/partnersandfamilies/forcedmarriage/forcedmarriageunit/ .
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Annex 2. Complaints or concerns about our staff
Ofsted will seek to ensure that children and young people, parents and carers, members of the public and service providers and our employees have ready access to us if they have concerns about the conduct of our staff or those undertaking work on our behalf.
We have rigorous procedures in place to ensure that the individuals who are recruited into Ofsted posts are fit and suitable for those posts and we have robust policies which enable us to follow up quickly any allegations about the conduct of our own staff.
The responsible senior manager in Ofsted’s CIE team and the Head of Business Partnering in Human Resources will work closely together to ensure that any safeguarding concern relating to an Ofsted employee is dealt with quickly and appropriately. The CIE senior manager is the Divisional Manager in the CIE team (or the Principal Officer/senior CIE manager in their absence).
Pre-employment
Recruitment and pre-appointment checks
During the recruitment process, Ofsted routinely checks an individual’s suitability for working in Ofsted in various ways.
At sift stage, we analyse application forms and CVs to assess that the individual has the appropriate skills, knowledge and background to undertake the duties of the post they are applying for. We also look for any gaps in employment and will challenge these with the individual if necessary. During interviews or assessment centres for inspector posts, we will ask specific questions around the protection of children to ascertain whether the individual is suitably aware of potential risks to children, young people or vulnerable adults.
When an offer of employment is made, we routinely check the individual’s suitability for the post though occupational reference checking. Individuals have to provide two referees, one of whom must be their last employer. Where any information is falsely submitted or where information is provided which gives cause for concern we may withdraw any conditional offer of employment if considered necessary. We also check the individual’s eligibility to work in the EU, as this is a civil service requirement, and also whether the individual is medically fit for the post.
Criminal Records Bureau checks
We carry out enhanced Criminal Record Bureau (CRB) checks for all inspection staff and their managers, all senior managers at Senior Civil Service level and above, and staff who work in our CIE teams who routinely deal with child protection issues. We also carry out CRB checks on any staff who accompany inspection visits and who may find themselves alone with children. From the point when new members of staff 28 Ofsted safeguarding policy and procedures
are required to be registered with the Independent Safeguarding Authority (ISA), Ofsted will receive regular notifications of any change in their approved status with regard to safeguarding. Existing staff will be ISA registered as and when this is required by the phasing in of ISA requirements. Until full ISA registration, we will also recheck employees every three years with the CRB. Where any offence is disclosed by the CRB and/or ISA, we will investigate this fully, having consideration of the Rehabilitation of Offenders Act 1974, and may withdraw an offer of employment or move to dismiss a current employee where necessary. We will also require Ofsted staff to inform us of any pending notifications relating to them as individuals as soon as they know of these.
During employment
Complaints
A complaint about the conduct of an Ofsted employee may come through various routes. These include:
through ISA referrals or notifications through our formal complaints procedure (this is largely focused on inspection-related complaints) from MPs or direct correspondence to HMCI or the Children’s Rights Director through other correspondence from the public through our helpline through one Ofsted employee making a complaint about the conduct of another Ofsted employee. This may be made through Ofsted’s whistleblowing policy but any subsequent investigation and action would be carried out according to the safeguarding procedure and the disciplinary policy.
However we receive the complaint, Ofsted will ensure that all complaints are treated with due care and attention, considering the expectations of the public and also the fair treatment of our employees. Where the complaint involves a safeguarding issue, this should immediately be referred to the CIE team who will take the appropriate action. If this involves an allegation about an Ofsted employee, they will immediately refer this to CIE/HR.
Ofsted’s external complaints procedure
Ofsted has a formal complaints policy in place which is published on our website and can be accessed by any provider or member of the public who wishes to make a complaint about the conduct of any Ofsted inspector or an inspector who works for one of Ofsted’s inspection partners (although any such complaints would be referred to the inspection partner for appropriate action). This policy provides details of how to make a complaint and to whom it should be addressed, depending on the type of
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provider, that is if it is a school or day care setting. This sets out in detail how the complaint will be dealt with by Ofsted.
An associated internal complaints procedure is available to our employees, which outlines the actions that will be taken if a complaint is made against an Ofsted employee. On occasion, and where appropriate, Ofsted’s disciplinary procedure may be invoked against an Ofsted employee, where the initial stages of investigation under the complaints procedure show that disciplinary action may be warranted.
Other complaints
Complaints about Ofsted employees relating to safeguarding made via correspondence from the public, from MPs or through direct correspondence to HMCI or the Children’s Rights Director, via the Ofsted helpline or by another Ofsted employee should be immediately referred to the CIE team who will confer with Human Resources. A decision will then be made as to whether disciplinary action is warranted. The disciplinary procedure is outlined below.
Disciplinary process
This escalated disciplinary process will apply where an employee is suspected and/or accused of, or deemed to have acted in contravention of the safeguarding policy. This applies where there is a child protection issue because of an employee’s action or as a result of their inaction, whether wilful or because of negligence. Depending on the circumstances, this may also include a capability review. Additionally, the policy may apply where a family member or an acquaintance of an Ofsted employee is implicated in, suspected and/or accused of a matter related to abuse of a child or children where there is evidence that the employee had knowledge of the activity and did nothing.
Legal proceedings
Ofsted may be able to support employees who are the subject of legal proceedings, whether related to their work or in their private life, where this is appropriate and provided this does not put Ofsted’s reputation at risk, such as where the allegation is related to a failure to safeguard the welfare of children or young people.
Trade Unions
If any allegation is made against them, employees are advised to contact their trade union officer who will be able to provide support and representation at any disciplinary hearing. Employees are also reminded of Care First services.
Post employment
Recruitment and pre-appointment checks
Ofsted reserves the right to disclose information about an ex-employee where they have been disciplined and/or dismissed for misconduct, including where that is 30 Ofsted safeguarding policy and procedures
related to a safeguarding issue. Referrals to the ISA of Ofsted staff who have been dismissed or left our employment because of a safeguarding issue is also a statutory requirement since 12 October 2009.
Ofsted’s inspection partners
Ofsted has a commercial contract with several external organisations for the delivery of inspection services. Although not employees of Ofsted, inspectors who work for these organisations are expected to fulfil the same expectations in regard to professionalism and conduct as those expected of Ofsted staff. CIE and Human Resources will immediately inform the relevant delivery senior manager, who will in turn inform the inspection partner, of any allegation they receive regarding one of their inspectors. Ofsted has an understanding with all of its inspection partners that, should a safeguarding allegation be made against their employee, they will follow suitably robust procedures to deal with that allegation.
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Annex 3. The legislative context
Working together to safeguard children (DCSF (now DfE), 2010) sets out how organisations and individuals should work together to safeguard and promote the welfare of children and young people, in accordance with the Children Act 1989 and the Children Act 2004. These Acts are the primary legislation from which Working together to safeguard children derives its legislative basis. This latest edition (2010) follows the publication of Lord Laming’s report The Protection of Children in England: a progress report in March 2009 and the acceptance by Government of all his recommendations.9 It has also been updated to reflect developments in legislation policy and practice relating to safeguarding children.
Part I of Working together to safeguard children is statutory guidance and includes in chapter 6 supplementary guidance on safeguarding and promoting the welfare of children, including:
sexually exploited children children affected by gang activity fabricated or induced illness investigating complex (organised or multiple) abuse female genital mutilation forced marriage and honour-based violence allegations of abuse made against a person who works with children abuse of disabled children child abuse linked to belief in ‘spirit possession’ child victims of trafficking.
Part II is non-statutory practice covering lessons from research, working with children and families, safeguarding children who may be particularly vulnerable and managing individuals who pose a risk to children.
Working together to safeguard children provides helpful guidance on the roles and responsibilities of organisations and providers in the safeguarding of children and young people.
Section 11 of the Children Act 2004 and section 55 of the Borders, Citizenship and Immigration Act 2009 place duties on organisations and individuals to ensure that their functions are discharged with regard to the need to safeguard and promote the
9 The Protection of Children in England: a progress report, 2009, http://publications.education.gov.uk/default.aspx?PageFunction=productdetails&PageMode=publicatio ns&ProductId=HC+330.
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welfare of children.10, 11 Section 175 of the Education Act 2002 places the same duties on organisations and individuals to achieve this by:12
creating and maintaining a safe learning environment for children and young people; and, identifying where there are child welfare concerns and taking action to address them, in partnership with other organisations where appropriate.
Under section 87 of the Children Act 1989, independent schools that provide accommodation for children also have a duty to safeguard and promote the welfare of those pupils. Boarding schools, residential special schools, and further education institutions that provide accommodation for children (that is, those under 18 years old), must have regard to the respective National Minimum Standards for their establishment.
Schools also contribute through the curriculum by developing children’s understanding, awareness, and resilience. Creating a safe learning environment means having effective arrangements in place to address a range of issues. Some are subject to statutory requirements, including child protection arrangements, pupil health and safety, and bullying. Others include arrangements for meeting the health needs of children with medical conditions, providing first aid, school security, tackling drugs and substance misuse, and having arrangements in place to safeguard and promote the welfare of children on extended vocational placements.
Education staff have a crucial role to play in helping identify welfare concerns, and indicators of possible abuse or neglect, at an early stage: referring those concerns to the appropriate organisation, normally local authority children’s social care, contributing to the assessment of a child’s needs and, where appropriate to ongoing action, to meet those needs. When a child has special educational needs, or is disabled, the school will have important information about the child’s level of understanding and the most effective means of communicating with the child. They will also be well placed to give a view on the impact of treatment or intervention on the child’s care or behaviour.
In addition to the features common to organisations working with children listed above, schools and further education institutions should have a senior member of staff who is designated to take lead responsibility for dealing with child protection issues, providing advice and support to other staff, liaising with the authority, and working with other organisations as necessary. A school or further education institution should remedy any deficiencies or weaknesses in its arrangements for safeguarding and promoting welfare that are brought to its attention without delay.
10 The Children Act 2004; www.dcsf.gov.uk/childrenactreport/. 11 Borders, Citizenship and Immigration Act 2009; www.hmso.gov.uk/acts/acts2009/pdf/ukpga_20090011_en.pdf. 12 Education Act 2002; www.legislation.gov.uk/ukpga/2002/32/contents.
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Staff in schools and further education institutions should not themselves investigate possible abuse or neglect. They have a key role to play by referring concerns about those issues to the Local Authority Designated Officer in Children's Services, providing information for police investigations and/or enquiries under section 47 of the Children Act 1989, and by contributing to assessments.
Where a child of school age is the subject of an inter-agency child protection plan, the school should be involved in the preparation of the plan. The school’s role and responsibilities in contributing to actions to safeguard the child, and promote his or her welfare, should be clearly identified. Special schools, including non maintained special schools and Independent schools, which provide medical and/or nursing care should ensure that their medical and nursing staff have appropriate training and access to advice on child protection and safeguarding and promoting the welfare of children.
Schools play an important role in making children and young people aware of behaviour towards them that is not acceptable and how they can help keep themselves safe. The non-statutory framework for Personal, Social, Health and Economic Education provides opportunities for children and young people to learn about keeping safe.
Under the Education Act 1996, corporal punishment is outlawed in all schools and many other settings.13 In March 2010, the government indicated that it was accepting the recommendation by Sir Roger Singleton that this ban should be extended to all settings outside the context of the family. The law forbids a teacher or other member of staff using any degree of physical contact which is deliberately intended to punish a pupil, or which is primarily intended to cause pain or injury or humiliation. Teachers at a school are allowed to use reasonable force to control or restrain pupils under certain circumstances. Other staff may also do so, in the same way as teachers, provided they have been authorised by the head teacher to have control or charge of pupils. All schools should have a policy about the use of force to control or restrain pupils. Further guidance about this is at: www.teachernet.gov.uk/management/atoz/r/restrainingpupilsuseofforce/.
Early Years and Childcare Services – children’s centres, day nurseries, childminders, pre-schools, playgroups, and holiday and out of school schemes – play an important part in the lives of large numbers of children. Many childcare providers have considerable experience of working with families where a child needs to be safeguarded from harm, and many local authorities provide, commission or sponsor specific services, including childminders, to work with children in need and their families. Childminders and everyone working in day care services should know how to recognise and respond to the possible abuse or neglect of a child. Private, voluntary and local authority day care providers caring for children under the age of eight must be registered by Ofsted under the Children Act 1989, and should have a
13 Education Act 1996; www.legislation.gov.uk/ukpga/1996/56/contents.
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written statement, based on the procedures laid out in the booklet What To Do If You’re Worried A Child Is Being Abused – Summary.14
This statement should clearly set out staff responsibilities for reporting suspected child abuse or neglect in accordance with Local Safeguarding Children Board procedures and should include contact and telephone numbers for the local police and children’s services. It should also include procedures to be followed in the event of an allegation being made against a member of staff or volunteer. All organisations providing group day care must have a designated person who is responsible for liaison with local child protection agencies and Ofsted on child protection issues, and other staff should be able to implement child protection procedures in the absence of that person.
Ofsted’s responsibilities:
Working together to safeguard children (2010) states that Ofsted inspects against the extent to which schools and colleges fulfil their safeguarding responsibilities. In schools and further education colleges, how effectively the safeguarding of learners is promoted, is a limiting grade on overall effectiveness.
In addition:
Section 175 of the Education Act 2002:
‘requires local education authorities and the governing bodies of maintained schools and further education institutions to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children’.
Section 157 of the Education Act 2002 and the Education (Independent Schools Standards) (England) Regulations 2003:15
‘requires proprietors of independent schools (including Academies and City Technology colleges) to have arrangements to safeguard and promote the welfare of children who are pupils at the school’.
14 What To Do If You’re Worried A Child Is Being Abused – Summary, 2003, DoH; www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_4007508. 15 Education (Independent Schools Standards) (England) Regulations 2003, www.legislation.gov.uk/uksi/2003/1910/contents/made.
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The Non Maintained Special Schools Regulations 1999:16
‘requires the governing bodies of non maintained special schools to make arrangements for safeguarding and promoting the health, safety and welfare of pupils at the schools as approved by the Secretary of State’.
The Children Act 2004:
‘proposed changes in policy and legislation in England to maximise opportunities and minimise risks for all children and young people, focusing services more effectively around the needs of children, young people and families. The Act gives effect to the legislative proposals set out in the Green Paper to create clear accountability for children's services, to enable better joint working and to secure a better focus on safeguarding children.’
Integrated services for children are defined as:
’…services for children and young people aged 0–19 inclusive, whether by statutory, voluntary or private providers, which are assessed by any of the 10 inspectorates and commissions listed in section 20 of the Children Act 2004. It also includes services for those over 19 who are receiving services as care leavers under sections 23C and 24D of the Children Act 1989, and those over 19 but under 25 with a learning difficulty within the meaning of section 13 of the Learning and Skills Act 2000 and receiving services under that Act. However, for certain services in secure training centres, prisons and immigration removal centres, by youth offending teams, local probation boards and police forces, only services for children up to their 18th birthday are within scope.’
The Safeguarding Vulnerable Groups Act 2006 reforms arrangements for safeguarding children and vulnerable adults. The purpose of the new scheme is to minimise the risk of harm to children and vulnerable adults from those who might seek to harm them through their work (paid or unpaid). It seeks to do this by barring unsuitable individuals not just on the basis of referrals, but also at the earliest possible opportunity, as part of a centralised vetting process that all those working closely with children and/ or vulnerable adults will have to go through. The new arrangements introduced by the Act will replace the existing arrangements provided for under the Protection of Children Act 1999,17 the Care Standards Act 2000,18 the Criminal Justice and Court Services Act 200019 and the Education Act 2002.
16 Non Maintained Special Schools Regulations 1999; http://legislation.data.gov.uk/uksi/1999/2257/made/data.htm?wrap=true. 17 Protection of Children Act 1999, www.legislation.gov.uk/ukpga/1999/14/notes/contents. 18 Care Standards Act 2000, www.legislation.gov.uk/ukpga/2000/14/contents. 19 Criminal Justice and Court Services Act 2000, www.legislation.gov.uk/ukpga/2000/43/contents.
36 Ofsted safeguarding policy and procedures
Early years and childcare
Ofsted must disclose information to child protection agencies and police forces in line with The Childcare (Supply and Disclosure of Information) (England) Regulations 2007.20 Regulation 8 sets out the information Ofsted can disclose to ‘child protection agencies’.
The Chief Inspector must, in response to a written request about a registered person, for the purposes of protecting children from harm or neglect, provide information to child protection agencies and police forces as set out below:
information concerning the setting for the childcare provided by that person the person’s date of registration the conditions, if any, attaching to the person’s registration information obtained or received in the course of ascertaining the suitability of a person for registration information obtained or received by a person authorised by the Chief Inspector while exercising any powers of entry under section 77 of the Childcare Act information about any child: a. receiving childcare from the person, or b. in the setting in which the person works information connected with any enforcement action taken against the person by the Chief Inspector.
Disclosures may still be allowed in circumstances where there is an overriding duty to the public to make the disclosure, for instance if the information concerns the commission of a criminal offence or relates to life threatening circumstances or serious harm to a child.
Where an external agency investigates and makes a decision about the child protection element of any case, Ofsted must still continue to investigate against our regulatory remit. This may be in relation to the requirements of the Early Years Foundation Stage or the Childcare Register regulations, about the provider’s child protection policies, knowledge, understanding and practice or against another standard.
At the time that other statutory agencies withdraw from the investigation, Ofsted should clearly state whether or not we will continue with an investigation. If so, Ofsted will make it clear that we will make further contact with the statutory
20 The Childcare (Supply and Disclosure of Information) (England) Regulations 2007, www.opsi.gov.uk/si/si2007/uksi_20070722_en_1.
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agencies if these investigations raise any new, or higher level, child protection concerns.
Ofsted will advise the local children’s services department when we have concluded our investigations and whether the provider’s registration is continuing.
Where a child is at the setting and the concerns might relate to people other than the provider, Ofsted must ensure that children’s services are contacted before the child leaves for home. Wherever possible the provider should be encouraged to contact children’s services in line with their responsibilities under the Early Years Foundation Stage and/or Childcare Register regulations. Any failure to comply with these requirements would result in appropriate action against the person’s registration. Once aware of the situation, Ofsted staff have a duty to ensure this information reaches children’s services.
Full details of Ofsted’s responsibilities and regulatory functions with regard to Childcare can be found in the CIE handbook at: www.ofsted.gov.uk/Ofsted- home/Forms-and-guidance/Browse-all-by/Care-and-local- services/Childcare/Compliance-investigation-and-enforcement- handbook/(language)/eng-GB.
Vetting staff who work with children and young people
The Government has made it clear that it is the responsibility of inspectors to check that every school has secure evidence that its staff have their identity, qualifications and criminal records checked.
The following checks are expected to be made on all people working in an education service:
references identity UK residence or permission to work in the UK Criminal Records Bureau enhanced disclosure (unless the person has continuity of employment) overseas criminal record check (where necessary) check against the Independent Safeguarding Authority barred list medical fitness explanations of any gaps in employment or academic history qualifications professional status (for qualified teachers, confirmation of registration with the General Teaching Council for England) complete induction and/or probationary period, as required for the position.
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Note that, from October 2009, the three former barred lists (List 99, the Protection of Children Act List and the Protection of Vulnerable Adults List) are starting to be replaced by two new Independent Safeguarding Authority barred lists (Children’s List and Vulnerable Adults List).
Further information on recruitment checks can be found in Chapter 4 of the DCSF (now DfE) guidance, Safeguarding children and safer recruitment in education (2010).
The Criminal Records Bureau (CRB) is an executive agency of the Home Office. It provides access to criminal record information to help organisations make safer recruitment decisions by identifying candidates who may be unsuitable for certain work. The CRB now offers one type of effective disclosure:
enhanced disclosure shows current and spent convictions, cautions, reprimands and warnings held on the Police National Computer. In the case of a post which involves working with children, the Protection of Children Act 1999 list and information that is held under the section 142 of the Education Act 2002 – commonly known as List 99 and now being replaced by the ISA children’s barred list – will be searched. Any person whose name is on List 99 (now the ISA list) is barred from working with children. Enhanced disclosures also show any relevant information held by local police forces such as details of acquittals, pending prosecutions or other non- conviction information.
Existing staff should not be asked to apply for a fresh disclosure unless the employer, school, further education institution or local authority has grounds for concern about their suitability to work with children.
Applications for enhanced disclosures are usually made on paper and must be signed by the applicant and authorised by an employer.
The disclosure is sent to the applicant and a copy sent to the employer. The decision concerning the suitability of an applicant in light of the disclosure rests with the employer. The school’s record of the disclosure must be kept in secure conditions.
Providing a person is not barred, they can begin work in day settings while an enhanced disclosure CRB check is being carried out as the process may take some weeks to be completed. Due to the higher requirements of the National Minimum Standards, staff working in boarding or residential provision may not take up their posts until an enhanced CRB check is complete.
Children and Vulnerable Adults Barred Lists
The Safeguarding Vulnerable Groups Act 2006 set out the legislative context for the introduction of the ISA and the Vetting and Barring Scheme, with its barred lists for children and vulnerable adults. This legislation replaces the previous barred lists under the Protection of Children Act 1999 and the Protection of Vulnerable Adults scheme. Ofsted safeguarding policy and procedures 39
Section 6.6 of the then DCSF guidance The PoCA 1999: A Practical Guide to the Act for all Organisations Working with Children (2005) (http://publications.teachernet.gov.uk/eOrderingDownload/PoCA%20Guidance%20% 28Final%29%200905.doc) sets out what should be considered as ‘misconduct’ for the proposes of inclusion on the barred list:
‘…in the circumstances of this Act misconduct would range from serious sexual abuse through to physical abuse which may include intentional inappropriate restraint and/or consistently poor child care practices in contravention of organisational codes of conduct which resulted in harm or risk of harm to children.’
The Protection of Vulnerable Adults (POVA) scheme set out in the Care Standards Act 2000 (now replaced by the Safeguarding Vulnerable Groups Act 2006) was implemented on a phased basis from 26 July 2004. At the centre of the scheme is the POVA list (now ISA Vulnerable Adults barred list). Care workers who have harmed a vulnerable adult, or placed a vulnerable adult at risk of harm, (whether or not in the course of their employment) are banned from working in a care position with vulnerable adults. This legislation covers England and Wales. The Vetting and Barring Scheme began to operate from 12 October 2009, when the definitions of regulated and controlled activity came into operation, requirements in relation to barred individuals were introduced and requirements to refer to the ISA took effect. You can find detailed guidance on the scheme at: www.isa.homeoffice.gov.uk/PDF/VBS_Guidance.pdf.
Since October 2009, it has been a criminal offence for individuals barred by the ISA to work or apply to work with children or vulnerable adults in a wide range of posts – including most jobs in the NHS, Prison Service, education and childcare. Employers also face criminal sanctions for knowingly employing a barred individual across a wider range of work.
Employers, local authorities, professional regulators and other bodies (including Ofsted) have a duty to refer to the ISA any information about individuals working with children or vulnerable adults where they consider them to have caused harm or pose a risk of harm.
Regulated activity is the term used in the Safeguarding Vulnerable Groups Act 2006 and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 to cover activities where people are working or volunteering with children or vulnerable adults on a regular basis.
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Regulated activity covers anyone working closely with children or vulnerable adults, either paid or unpaid, not part of a family or personal arrangement, on a frequent21 or intensive22 basis. It can include, but is not limited to, any of the following:
teaching, training or instruction, care or supervision of children or provided wholly or mainly to vulnerable adults providing advice or guidance for children providing advice, guidance or assistance wholly or mainly to vulnerable adults any form of healthcare treatment or therapy provided to children or vulnerable adults driving a vehicle that is being used for the specific purpose of conveying children or vulnerable adults working in a specified place (see below*).
The scheme also covers a special category of work called ‘controlled activity’. Employers will be able to employ someone barred from regulated activity to carry out controlled activity, provided they put in place specific safeguards.
Controlled activity will include:
frequent or intensive activity that is ancillary to healthcare in hospitals or primary care frequent or intensive ancillary activity in adult social care settings and further education settings, and people working for specified organisations with access to health or social services records. In each case there must be an opportunity for contact with children or vulnerable adults, or the opportunity to have access to health or social services records for children or vulnerable adults, or educational records for children.
*Specified places and establishments are defined in the Vetting and Barring scheme as schools (by which they mean educational institutions exclusively or mainly for the provision of full-time education to those under 18 – from which it would follow that sixth form colleges and some further education colleges may also be specified settings), childcare premises (including nurseries), residential homes for children in care, children’s hospitals, children’s detention centres, children’s centres in England and Wales (under the Apprenticeships, Skills and Children and Learners Act 2009) and adult care homes. The point about specified settings is that any frequent or intensive activity which provides an opportunity for contact with children or
3 Once a week or more. 4 Takes place on four or more days in a 30-day period or overnight.
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vulnerable adults will be deemed regulated activity – that is, there is no controlled activity and therefore no relaxation of the ISA barring rules.
Under the new Vetting and Barring legislation, Ofsted must refer individuals for inclusion on the ISA barred list where we consider they have harmed a child or placed a child at risk of harm. Before referral we must have evidence of their misconduct.
We can refer any individual who is or has been employed in a childcare position. This includes registered persons, people whose registration we have cancelled or people employed in a childcare position by a registered person. Before making a referral about an employee, checks should be made to see if the registered person has already made a referral to the ISA list for the misconduct. We cannot make a referral if they have. If they have not, we should make the referral and look into why the registered person did not make the referral. We should then decide if this will affect his or her suitability to provide childcare.
The Divisional Manager, Compliance, Investigation and Enforcement (CIE) or their Principal Officer must make the decision about whether a person should be referred to the Secretary of State and the ISA list. They consult with the regional Director when uncertain if referral is appropriate. If a person makes an appeal against the inclusion on the list, staff must inform the relevant colleague mentioned above and the lead Human Resource Business Partner for safeguarding.
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Annex 4. Safeguarding flowchart
Ofsted inspector receives Ofsted staff member receives Allegation or concern allegation or has concerns is raised about any allegation or complaint related to about staff, a pupil, student, safeguarding Ofsted staff member peer, child or young person at the institution, service provider or about another inspector – Details reported to the Ofsted durin g inspection CIE team
Details reported to lead Immediately contact CIE team inspector CIE takes appropriate action via NBU (followed up the regarding notifying lead referral form within 24 hours) inspector where applicable or Children’s social care services. Ofsted LI immediately contacts Where the complaints team the CIE team (via NBU 0300 did not receive/report 123 1231) – (followed up by original allegation − CIE form SC2 within 24 hours) liaise with/inform Delivery
CIE team advises Ofsted lead inspector (if Where Ofsted is NOT Except where immediately appropriate) or member of staff of any further action required the lead necessary to secure health inspectorate, Ofsted and safety – Ofsted lead CIE liaise with/inform Delivery member of staff inspector or member of informs NBU CIE staff takes no further team of referral to immediate action in terms Ofsted lead inspector (or the complaints relevant lead of notifying inspected body team) informs the inspected body of the inspector (followed of the detailed nature of actions to be taken up by form SC2 the allegations until after within 24 hours) discussion with the CIE team
CIE team has subsequent responsibility for coordinating all communications: with children’s social care services and police within Ofsted (including specific Divisions/teams and Human Resources) with other organisations (and will advise lead inspector or member of staff on next stages where necessary)
CIE team has subsequent responsibility for monitoring the progress of any referred case and ensuring feedback to Ofsted lead inspector or member of staff Where the case concerns inspections of schools, colleges and is not referred on, the Complaints team have responsibility for managing next stages, including communications with other organisations, and ensuring feedback to Ofsted lead inspector or member of staff
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