Codes of conduct and managing allegations against staff / volunteers Carolyn Eyre

KCSE: Managing allegations of professional abuse School must have a staff code of conduct which must be covered in staff training / induction There must be written procedures for managing allegations against staff All schools / FE colleges should have a written whistleblowing procedure It is the responsibility of the HT / proprietor (or chair of governors) to manage allegations against staff Teachers facing allegations should be protected by anonymity Quick resolution should be a priority

Other features of the new allegations guidance Slight change to threshold for considering suspension – from ‘significant risk’ to ‘risk’ BUT Suspension should not be the default position; if used, the reasons must be recorded If suspension is used, the school should reflect with the LADO on conclusion of the case whether suspension was appropriate Schools should consider taking action against pupils making malicious allegations against staff Settlement agreements must not be used in safeguarding cases

The Safer Recruitment Consortium Safe working practice A description of appropriate and non-appropriate behaviours for adults working with children and young people Originally developed by the IRSC network in 2006 (updated in 2009) Adopted in many schools as the staff ‘Code of Conduct’

The Safer Recruitment Consortium I’m really stressed and worried that I’ll ‘lose it’ with a pupil. What can I do? Can I remove a disruptive pupil from my classroom? I’m worried about the behaviour of a colleague. What can I do? Do I have to close my facebook account? Surely its not safe to teach pupils 1:1? A pupil has got a crush on me. What should I do? Can I buy Easter eggs for my class? Can I apply sun cream/change children’s nappies? Can I give a distressed child a hug? Can I take a video of the school trip? A pupil has told me something very confidential, do I need to tell anyone?

make appropriate professional judgements keep conduct within professional boundaries

PROFESSIONAL LIFE PERSONAL LIFE Training Peer Review Press and media Disciplinary action Supervision and Management Media Role models Experience Peers School Family Internet Learning from example Guidance for Safe PracticeWritten advice

The Safer Recruitment Consortium Contents Underpinning principles Status of Document Duty of Care Exercise of Professional Judgement Power and Positions of Trust Confidentiality Propriety and Behaviour Dress and Appearance Gifts Infatuations Social Contact Physical Education and other Activities that require Physical Contact Showers and Changing Pupils in Distress Behaviour Management Physical Intervention Sexual Contact with Young People One to One situations Overnight Supervision and Examinations Transporting Children Education Visits and after School Clubs First Aid and Administration of Medicine Intimate Care Curriculum Photography, Video, Creative Art Internet Use Whistleblowing Sharing Concerns and Recording Incidents

Definition of professional abuse The process of managing allegations starts where information comes to the attention of a manager which suggests that an adult working with children may have: o behaved in a way that has harmed, or may have harmed a child; o possibly committed a criminal offence against, or related to a child; or o behaved towards a child or children in a way that indicates s/he would pose a risk of harm to children. Working Together to Safeguard Children (DCSF 2015)

Other concerns “Employers may also seek the advice of the LADO where an employee’s behaviour is a matter for concern to his/her manager because it compromises or may be seen to comprise the reputation and ability of the organisation to safeguard children and young people.”

Examples include where an adult has … contravened or has continued to contravene any safe practice guidance given by his/her organisation or regulatory body exploited or abused a position of power acted in an irresponsible manner which any reasonable person would find alarming or questionable given the nature of work undertaken demonstrated a failure to understand or appreciate how his or her own actions or those of others could adversely impact upon the safety and well being of a child demonstrated an inability to make sound professional judgements which safeguard the welfare of children

… or where an adult has … failed to follow adequately policy or procedures relating to safeguarding and promoting the welfare of children. failed to understand or recognise the need for clear personal and professional boundaries in his or her work behaved in a way in his or her personal life which could put children at risk of harm become the subject of criminal proceedings not relating to a child become subject to enquiries under local child protection procedures behaved in a way which seriously undermines the trust and confidence placed in him or her by the employer.

Involving the LADO “The DO should be informed of all allegations that come to a school or college’s attention and appear to meet the criteria so they can consult police and children’s social care services as appropriate.” “The head teacher or principal, or chair of governors, chair of management committee or proprietor … should immediately discuss the allegation with the designated officer(s).”

Strategy meeting job list Request at the strategy meeting that: the police seek appropriate consent to share relevant info with you on conclusion of their investigation If involved, social care also seek the young person or family’s consent to share relevant info with you from their assessment If there is potential for media interest, support is provided to you by the LSCB / LA press office canvass others’ views re suspension

Joint evaluation meeting “If the information given about an adult’s behaviour does not require a strategy meeting under Section 47, a similar meeting should be called to evaluate jointly the level of concern and to determine whether the person’s suitability to continue working with children in his or her current position has been called into question.” Dealing with allegations of abuse … (DCSF 2009)

Suspension “Suspension should be considered only in a case where there is cause to suspect a child or other children at the school or college is / are at risk of significant harm or the case is so serious that it might be grounds for dismissal. However, a person should not be suspended automatically ….”

Alternatives to suspension Based on assessment of risk, the following alternatives should be considered by the Head teacher / proprietor before suspending a member of staff: redeployment within the setting so that the individual does not have direct contact with the child/ren concerned providing an assistant to be present when the individual has contact with children redeploying to alternative work in the setting so the individual does not have unsupervised access to children moving the child or children to classes where they will not come into contact with the member of staff; or temporarily redeploying the member of staff to another role in a different location, e.g. an alternative school or college or work for the local authority or academy trust.

Timescales “It is in everyone’s interest to resolve cases as quickly as possible consistent with a fair and thorough investigation.” “It is expected that 80 per cent of cases should be resolved within one month, 90 per cent within three months and all but the most exceptional cases should be completed within 12 months.”

Evaluation & close