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/. 4 Ofsted safeguarding policy and procedures 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. Ofsted safeguarding policy and procedures 5 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 6 Ofsted safeguarding policy and procedures 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.