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Catholic Schools Office Diocese of Armidale. Keep Them Safe - Information for Principals in schools . Acknowledgements: Keep Them Safe Resources for Catholic Schools CECNSW 2010. REPORTING THRESHOLD INCREASE – WHY ?.
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Catholic Schools Office Diocese of Armidale Keep Them Safe - Information for Principals in schools Acknowledgements: Keep Them Safe Resources for Catholic Schools CECNSW 2010 May 2010
REPORTING THRESHOLD INCREASE – WHY? • Children and young people should only be reported where a statutory response is required • Reporting is not effective where families need support rather than statutory intervention • Refer families where statutory response is not required to local government agencies/NGOs (instead of reporting) • Enable Community Services to focus on the most serious cases May 2010
SIGNIFICANT HARM DEFINITION • Circumstances causing concern to a significant extent • Sufficiently serious for statutory response • Not minor or trivial • Reasonable expectation of a substantial and demonstrably adverse impact on child or young person’s safety, welfare or wellbeing • For an unborn child the adverse outcome relates to safety, welfare and wellbeing after the child’s birth • Significance can relate to single act or omission or an accumulation May 2010
LEGAL FRAMEWORK FOR REPORTING • S.23/24 Children and Young Persons (Care and Protection) Act • Current concerns • Reasonable grounds • One or more harm circumstances • Single act or omission or series of acts or omissions May 2010
HARM CIRCUMSTANCES Basic care (b) Necessary medical treatment (b1) School enrolment / attendance (c) Physical or sexual abuse (d) Exposure to domestic violence (e) Serious psychological harm (f) Prenatal Also unauthorised out of home care as specified by the Act. May 2010
CUMULATIVE HARM • Damaging effects may not be evident from single event • Multiple adverse circumstances can have unremitting daily impact • Likely to be identified from multiple sources • Multiple reports over time, with different harm types, and below threshold concerns May 2010
ACCESSING THE MRG www.keepthemsafe.nsw.gov.au Look for Mandatory Reporter Guide under ‘Quick Links’ www.community.nsw.gov.au Click on ‘Preventing Child Abuse and Neglect’ Then click on ‘Resources for Mandatory Reporters’ http://dr.sdm.community.nsw.gov.au/mrg/app/summary.page May 2010
CASE EXAMPLE • Emma has bruising on her face and her eye is half closed. When asked Emma says that she knocked her head on a cupboard door. Another student tells a staff member that Emma said her mother hit her when Emma was late home May 2010
MRG DECISIONS • Report to Community Services immediately • Report to Community Services (within 24 hrs) • Consult with a professional (or report) • Consult with a mental health professional or service (or report) • Document and continue relationship • Document and monitor (attendance only) May 2010
CHILD PROTECTION HELPLINE • To make a report telephone 133 627 (Mandatory Reporters Line) • You will be asked if you have used the MRG, and you may be asked about the MRG decision • You will need to give comprehensive information about the child and family • Ask for a reference number • Ask for feedback re threshold and CS response • Always complete Form A on the intranet and retain copy for school records and fax copy to CSO on secure fax line May 2010
MRG ISSUES ? • Check for another relevant decision tree – it may pick up your concerns • Contact the Helpline if you need help with the MRG • Contact the Helpline if you are concerned about risk of significant harm, even if the MRG says otherwise • No one can stop you contacting the Helpline May 2010
BELOW THE THRESHOLD • What if it does not meet the threshold? • What options does a school have? • Do we need to do something? May 2010
MRG DECISIONS INCLUDE Immediate report to Community services Report to Community Services Document and continue relationship Document and monitor Consult a professional Document and continue relationship/monitor May 2010
DOCUMENT AND CONTINUE RELATIONSHIP • May be the outcome for a range of decision trees • Lower risks or family benefiting from services • If conditions worsen responsibility to report • May act to facilitate disclosure of further or new concerns • May support child/young person or parent/carer to address concerns. May 2010
DISCLOSURE • Means telling another person about abuse • May be intentional or ‘accidental’ • Person disclosing: • may not be aware of the consequences • may be looking for information: ‘is this OK?’ ‘is it just me?’ • may be looking for protection or support • Behaviour change may precede disclosure • Disclosure process often comes in small, fragmented pieces May 2010
MONITOR, CREATE OR MAINTAIN A SAFE SPACE • ‘I will listen if you want to tell me’. • Barriers - fear of blame, disbelief, consequences • People may not know how to talk about their experience, and may not see it as abuse May 2010
SCOPE OF SCHOOL INVOLVEMENT • Legislation requires that collaborative work between agencies should ‘respect each other’s functions and expertise’ • Work within the function of the school ie. taking into account educational priorities • Focus on promoting resilience and reducing the risk of adverse outcomes • Ensure tasks are within the capacity of people undertaking them • Maintain boundaries and avoid encouraging dependence May 2010
HABITUAL ABSENCE (MRG) • As a guide minimum of 30 days absent within the past 100 school days • May be appropriate to respond earlier for younger children because of impact of missed schooling • Also consider the impact of absences on children with a cognitive disability or learning difficulties • Take into account other risk circumstances creating cumulative harm May 2010
REPORTING HABITUAL ABSENCE Report to Child Protection Helpline when: • School needs statutory authority to make contact because of no response to many attempts • Parent refuses to send child to school or parent/child refuses to use other education options • Attempts to assist family have failed • Parent is unable to address issues • There are additional risk circumstances and no effective service involvement May 2010
RESPONDING TO NEW INFORMATION • The first MRG decision is not the last word about the family • We need to identify new information and be open to what it means • We may identify information that wasn’t available when we completed the MRG • The family’s circumstances could change, so we need to take those changes into account May 2010
SCHOOL MAY BE THE ONLY PLACE • Where students feel safe • Where students have contact with an adult who listens • Where an adult is watching out. May 2010
EXERCISE • In pairs –recall a difficult encounter you have had with a family • Tell your partner in 30 seconds the following • What did it feel like • Why do you still remember it • What was the issue • Was it resolved – yes/no and why • What was 1 learning from the experience May 2010
WHAT MAKES CONVERSATIONS ABOUT TOUGH STUFF EASIER? • Trust between the parties • Some advance warning • Not being judged or blamed • Issues explained clearly • Relief that things are in the open • Hope about the outcome • Support to address the issues May 2010
WHEN ARE CONVERSATIONS BETWEEN PARENTS & SCHOOL STAFF TOUGHEST? • Little previous contact • Parents had negative experiences at school • Parents find it hard to express their concerns • Parents feel ambushed • Parents feel they or their child is under threat • Parents feel embarrassed or powerless • Parents think no one is listening May 2010
INVITE PARENTS TO GET IN FIRST • ‘What do you know about the reason for this meeting?’ • ‘What do you know about what has been happening at school for Joe?’ • It is often less threatening if parents can talk first • If parents talk first you can use their language for concerns • Ask parents to help you understand how they see things differently May 2010
STUDENT NOT SCHOOL FOCUS • I’m concerned that the issues in class are making it hard for Ben to learn, and for other students to learn. Vs • The school isn’t happy about Ben’s issues in class. or • Ben’s issues in class are causing problems for the school. May 2010
SEPARATE THE PROBLEM FROM THE PERSON (STUDENT EXAMPLE) • If this trouble in the playground keeps going, it will lead to suspension. Vs • You need to improve your act or you will get suspended. May 2010
SEPARATE THE PROBLEM FROM THE PERSON (ADULT EXAMPLE) • Drinking gets in the way of your children getting the basic care they need. Vs • You are an alcoholic and you are neglecting your kids. May 2010
EXERCISE • Focusing on strengths rather than deficits, makes a difference in our approach to children and families May 2010
BE CLEAR ABOUT THE ‘TAKE AWAY’MESSAGE FOR PARENTS • Are you giving information? • Are you taking action? • Are you asking the parent and/or student to take action? May 2010
TAKING LEADERSHIP WHILE WORKING WITH FAMILIES ON THE TOUGH STUFF • Model respect with families and agencies • Try to learn from mistakes • Stay hopeful but be honest about concerns • Listen and avoid blame or judgment • Look for strengths • Notice change (with families and agencies). May 2010
CASE STUDY • Verity – Handout – discuss what would you do in the school May 2010
CASE STUDY • Verity – Handout – discuss what would you do in the school Teacher to contact mum to see if everything is OK? May 2010
CASE STUDY • Then mum provides the following information • She discloses to the teacher that the step father has been drinking a lot lately and last week Steve pushed her. The mum was sure that Verity or the other children did not know as they were in their rooms. She also states that Verity is her main support at home and helps a lot with the younger children as she finds it difficult at present • What do you do now? May 2010
SCOPE OF SCHOOL ACTION Need to consider the following: • Duty of care – what is reasonable? • Capacity – what is possible? • Boundaries – what is acceptable to the family and sustainable by the community? May 2010
EXERCISE • In small groups discuss • Who would you involve at the school? • What can the school do? • What's reasonable? • You decide to contact the mum as Community Services will not respond • What do you say to the mum? • What do you say to Verity? May 2010
HOW DO WE KEEP NOTES ON THIS MATTER • What did you notice when speaking to the mum? • What do you write down? • Who do we need to tell about this? Tips for notes • Write in the third person • No waffle • Date, sign, position Confidentiality • Keep under National Privacy principles May 2010
FINDING HELP FOR FAMILIES • Financial assistance • Family support • Legal advice • Counselling • Mental health issues • Drug and alcohol issues • Housing • Domestic violence • Parenting education May 2010
WHEN THE FAMILY SAYS ‘NO’ • Don’t take it personally • Keep communication open • Sometimes a letter will help • Avoid pressuring or shaming • Keep alert for another opportunity May 2010
EXCHANGING INFORMATION Understand current legislation in relation to information exchange relating to children and young people Understand your responsibilities regarding confidentiality and record keeping taking account of the new legislation May 2010
COLLECTING AND STORING STUDENT INFORMATION • Only collect necessary information • Don’t use information for other purposes without consent • Maintain current information • Take reasonable steps to protect information • Be open about what you collect and why • Only collect sensitive info (eg. health) with consent May 2010
EXCHANGING INFORMATION WITH COMMUNITY SERVICES • S.248 Children and Young Persons (Care and Protection) Act 1998 • Relates to safety, welfare and wellbeing of a child (< 16 yrs) or young person(16-17 yrs) • Any info related to Community Services (CS) functions • If CS requests schools must provide it • Schools can also request info from CS May 2010
PRINCIPLES OF CH 16A INFORMATION EXCHANGE • Agencies should be able to exchange info re safety, welfare and well-being of children • Work collaboratively and respectfully • Need to provide services takes precedence over confidentiality or privacy May 2010
INFORMATION EXCHANGE UNDER CHAPTER 16A Prescribed bodies can: • Request information • Provide information in response to a request • Initiate provision without a request May 2010
CHAPTER 16A EXCHANGES MUST RELATE TO: • Information about safety, welfare or wellbeing of a child or young person • Assisting making a decision, assessment or plan; or • Conducting an investigation; or • Providing any service; or • Managing any risk to children or young people related to employment/out of home care May 2010
PROTECTION FROM LIABILITY • If you act lawfully and in good faith • No legal liability • No breach of standards, etiquette or ethics May 2010
WHAT CAN BE REQUESTED? • Information may be shared if it relates to: • a child or young person’s history or circumstances; and/or • a parent or other family member; and/or • people having a significant or relevant relationship with a child or young person; and/or • the other agencies’ dealings with the child or young person, including past support or service arrangements May 2010
HOW IS INFORMATION EXCHANGED? • No legal restrictions • Written exchange is clearest • Can use forms, letters, email etc • May exchange verbally e.g. at a meeting, or by phone if need is urgent • Recommend making a written record of verbal communications May 2010
GROUNDS FOR REFUSING TO PROVIDE INFORMATION • Defined by legislation • Mainly relate to legal issues • Cannot identify a reporter of risk of significant harm under Ch 16A • Can withhold information if there is a reasonable belief that provision would endanger a person’s life or physical safety • You must give reasons in writing if you refuse to provide information May 2010