Solihull Governor Safeguarding Conference

1. Solihull Governor Safeguarding Conference Wednesday 17th October 2018 Solihull Independent School

2. Objectives To support safeguarding governors to: • comply with their duties under legislation • have due regard to KCSIE 2018 • to ensure the policies, procedures and training in their schools or colleges are effective and comply with the law at all times • to ensure a senior board lead takes leadership responsibility for their schools or college’s safeguarding requirements https://www.gov.uk/government/publications/inspecting-safeguarding-in-early-years-education-and-skills-from-september-2015/inspecting-safeguarding-in-early-years-education-and-skills-settings As governors/proprietors, do you ensure that your provision adheres to these legal requirements? (KCSIE para 54)

3. Updates • Keeping children safe in education 2018. • New education safeguarding website www.solgrid.org.uk/education/safeguarding • Education Safeguarding Strategy. • Model safeguarding policy. Have all governors and school leaders read and applied Part 2 KCSIE 2018? Have all staff read Part 1 KCSIE 20018? Where is this recorded? Evidence? (KCSIE 2018 para 56+) Do governing bodies and proprietors ensure that all staff undergo safeguarding and chid protection training (including online safety) at induction? Do staff receive regular safeguarding training and child protection updates? (KCSIE 2018 para 76-78) Evidence

4. Safeguarding Policy Photographs/Images Social Media The Use of Reasonable force Alternative Provision Site and Premises Security and Site Safety including fire risk assessment, fire drills, and first aid Emergency Advice and Support for Educational Establishments (EASEE) Procedures for uncollected children Complaints Barring of individuals from school premises Medicines in School/Supporting Pupils with Medical Conditions Intimate Care Other Providers Operating on Education Provision Site (Lettings and Contracted Arrangements) Evaluating and Monitoring Process APPENDIX 1: Governors’ Safeguarding Responsibilities Checklist APPENDIX 2: Lettings Checklist for Providers using the School Site APPENDIX 3: Example of staff child protection induction and training record APPENDIX 4: Barring an individual from a school site (model letter) APPENDIX 5: Chronological Record of Actions – Allegations against Employees APPENDIX 6: Referrals to the Local Authority Duty Officer (LADO): APPENDIX 7: Model Safeguarding Action Plan Safeguarding Policy Statement Policy Statement: Leadership and Management of Safeguarding Governing Body Specific Safeguarding Roles in School Safeguarding in the School Curriculum Supporting Staff Working in Difficult Situations Suite of Safeguarding Policies and Procedures Legal Clarification Equality and Diversity Behaviour and Anti-Bullying Child Protection Relationships and Sex Education Drug and Alcohol Education/Managing Substance Related Incidents Looked After Children Attendance Safer Recruitment and Safer Working Practice Staff Code of Conduct (also known as staff behaviour) Managing Allegations Whistleblowing Domestic Abuse Workplace Policy • Online Safety • Filtering and Monitoring

5. What school and college staff need to know Two new additions to the list of what staff need to know and what should be given to new staff on induction (para.13): • The child protection policy. • The pupil behaviour policy. • The staff behaviour policy (or code of conduct). • The safeguarding response to children who go missing from education. • The role of the DSL (including the identity of the DSL and any deputies). Are these safeguarding policies and procedures in place? Up to date and ratified by governors? Followed by all staff under the leadership of the headteacher? Evidence (KCSIE 2018 para 56+) Is an appropriate senior member of staff from the school or college leadership team, appointed to the role of designated safeguarding lead? Does this person take lead responsibility for safeguarding and child protection? Is this explicit in their job description? (KCSIE 2018 para 61+) Are these policies shared with all staff on induction? Para 58

6. Looked after children and previously looked after children (KCSIE 2018 paras. 93 – 101) • ‘A previously looked after child remains vulnerable and all staff should have the skills, knowledge and understanding to keep previously looked after children safe ……’ • ‘Designated teachers will have responsibility for promoting the educational achievement of certain previously looked after children.’ • ‘The designated teacher must have appropriate training and the relevant qualifications and experience.’ • ‘The designated teacher should also work with the virtual school head to promote the educational achievement of previously looked after children.’ • DSLs should have details of the LA Personal Advisor appointed to guide and support care leavers, and should liaise with them as necessary regarding issues of concern affecting the care leaver. Do governing bodies and proprietors ensure that staff have the skills, knowledge and understanding to keep looked after children safe? Do tey ensure that appropriate staff have the information they need in relation to a child’s looked after status? Is the designated teacher have appropriate training, quals and experience and does the DT work with the virtual school head to promote the educational achievement of LAC and support personal advisers for care leavers? (KCSIE paras 93-101)

7. KCSIE 2018 main changes • Peer on peer abuse • Contextual safeguarding • County Lines • DSLs and file transfer • Reasonable force • Children and the criminal system • Governor checks • The SCR • Volunteers and RA • Alternative Provision • Host families • Additions re: MAT • Requirement for more than one emergency contact number for each pupil where reasonable

8. Safer Recruitment • Chapter 3 Keeping Children Safe in Education (2018). • Safer recruitment policy and guidance. • Training.

9. Safer Recruitment • All staff, volunteers and governors should be vetted in line with procedures at the time of appointment. This includes ‘agency’ staff and contractors. • Regulated activity, defined on page 30 of KCSIE 2018, examples in Appendix F. Do governor bodies and proprietors prevent people who pose a risk of harm from working with children by adhering to statutory responsibilities to check staff who work with children? Do they take proportionate decisions on whether to ask for any checks beyond what is required and ensure volunteers are appropriately supervised? Are writtten recruitment and selection policies and procedures in place? Has a least one of the persons who conducts an interview competed safer recruitment training? (KCSIE para 84+)

10. Current checks for staff in regulated activity • Identity check • Enhanced DBS • Barred list check • Prohibition from teaching check • Section 128 check (management positions independent schools, academies and free schools) • Further checks on those who have lived or worked outside the UK • European Economic Area (EEA) check • Professional qualification • Right to work in the UK • Two references • Fitness to work

11. Visitors • All visitors to school should be checked in line with requirements – decision made as to whether they should be supervised or unsupervised on site.

12. KCSIE 2018 Key Changes • Governor checks • The Single central record • Referring to the DBS • Volunteers and RA • Alternative Provision • Host families • Additions re: MAT

13. Managing Allegations • Governor requirement to case manage any allegation against headteacher. • Managing allegations policy. • Who? • Liaison with the LADO. • Confidentiality. • Record keeping. Do governing bodies and procedures ensure that there are procedures in place to manage concerns/allegations, against staff (including volunteers) that might indicate they would pose a risk of harm to children? Are ther procedures in place to make a referral to the Disclosure and Barring Service (DBS) if a person in regulated activity has been dismissed or removed due to safeguarding concerns, or would have been had they not resigned? (KCSIE para 86+)

14. Managing Allegations KCSIE 2018 • An unfounded allegation reinstated as an outcome of an investigation. • Where the criteria are met for a referral to the DBS, schools and sixth form colleges must also consider whether a referral to the Teacher Regulation Agency (TRA) is appropriate.

15. Health and Safety • Annual fire risk assessment and training for staff. • Up to date health and safety policy and health and safety risk assessments. • Health and safety audit, training for staff. • Stress risk assessments, training for staff. Are the following in place and relevant actions implemented switftly: fire risk assessment, health and safety risk assessments, stress risk assessments, health and safety policy, staff training on fire safety, health and safety and stress awareness?

16. Emergency advice and support for educational establishments (EASEE) • School emergency and business continuity plan templates. • EASEE guidance material to plan for a range of critical incidents. http://cswprepared.org.uk/ Are appropriate emergency procedures in place and rehearsed?

17. Child Protection • Child protection model policy reflects KCSIE 2018. • Update annually and as necessary, governor sign off. • Available to parents. Is the child protection policy up to date and followed by all staff? Shared with parents? Ratified by governors?

18. The Role of the Designated Safeguarding Lead (Annex B) • Reinforcement of the importance of the role of the DSL and that schools need to state who holds this role and identify any deputies. ‘The designated safeguarding lead (and any deputies) are most likely to have a complete safeguarding picture and be the most appropriate person to advise on the response to safeguarding concerns.’ (para.11)

19. What school staff should do if they have concerns about a child (paras. 23 – 27) This section is strengthened to make it clear that staff should: • Act on any concerns immediately; • Follow their organisation’s child protection policy and speak to the DSL (or deputy). List of options given, including managing support internally, an early help assessment, a referral for statutory services. The DSL or deputy should always be available to discuss safeguarding concerns. In exceptional circumstances, staff should consider speaking to a member of the senior leadership team and/or take advice from local children’s social care – and informing the DSL or deputy as soon as is practically possible. Staff should not assume a colleague or another professional will take action and share information that might be critical in keeping children safe.

20. Statutory Assessments(KCSIE 2018 paragraphs 29-35) New section includes: • Definition of a child in need. • More detail on what staff should do if a child is suffering, or likely to suffer, significant harm. • The action the Local Authority should take. • Reference to local escalation procedures. • Revised flow chart – process is the same but wording revised. First step reinforces that staff should take immediate action, follow their child protection policy and speak to the DSL. • Separate paragraph on FGM clarifies that all concerns about FGM should be shared with the DSL – and then the legal duty on teachers (includes HLTAs and cover supervisors) to report to police. Does the governing body/proprieter ensure hat the school or college contrbutes to multi-agency working in line with statutory guidance and local LSCB requirements? Does your provision work with social care, the police, health services and others to promote the welfare of children and protect them from harm? How do you know? Evidence? (KCSIE para 69+) Where there is a safeguarding concern, do governing bodies, proprietors and school/college leaders ensure that the child’s wishes and feelings are taken into account when determining what action to take and what services to provide? (KCSIE para 91)

21. Early Help(KCSIE 2108 para.28) • The DSL (or deputy) will generally lead on liaising with other agencies and setting up an inter-agency assessment. • Staff may be required to support other agencies and professionals, in some cases acting as the lead professional. • Any such cases should be kept under constant review and consideration given to a referral to CSC for assessment for statutory services, if the child’s situation does not appear to be improving or is getting worse.

22. KCSIE 2018 Key Child Protection Changes • Peer on peer abuse • Contextual safeguarding • County Lines • DSLs and file transfer • Reasonable force • Children and the criminal system • Part 5 Child on child on child sexual violence and sexual harassment between children in schools and colleges Have governing bodies ensured that their child protection and safeguarding policies have been updated to reflect the above? (KCSIE para 89+) Have they ensured that staff have received training and updates as necessary about these (KCSIE para 77) . ‘

23. Peer on peer abuse(KCSIE 2018 para. 90) Governing bodies should ensure that their policy includes: • Procedures to minimise the risk of peer on peer abuse; • How allegations of peer on peer abuse will be recorded, investigated and dealt with; • Clear processes as to how victims, perpetrators and any other child affected by peer on peer abuse will be supported; • A clear statement that abuse is abuse and should never be tolerated or passed off as ‘banter’, ‘just having a laugh’ or ‘part of growing up’; • Recognition of the gendered nature of peer on peer abuse (i.e. that it is more likely that girls will be victims and boys perpetrators), but that all peer on peer abuse is unacceptable and will be taken seriously; • The different forms peer on peer abuse can take, such as sexual violence and sexual harassment; physical abuse such as hitting, kicking, shaking, biting, hair pulling or otherwise causing physical harm; sexting (also known as youth produced sexual imagery); initiating/hazing type violence and rituals.

24. Contextual Safeguarding • Contextual safeguarding is an approach to safeguarding children and young people which responds to their experience of harm outside the home.

25. DSLs and file transfers • ‘Receiving schools and colleges should ensure key staff such as designated safeguarding leads and SENCOs or the named person with oversight for SEN in a college, are aware as required’.

26. DSLs and file transfer • ‘In addition to the child protection file, the designated safeguarding lead should also consider if it would be appropriate to share any appropriate information with the new school or college in advance of a child leaving. For example, information which would allow the new school or college to continue supporting victims of abuse and have that support in place for when the child arrives’. Have all files been appropriately transferred? Has appropriate information been shared? How do you know? (KCSIE para 71+)

27. Reasonable force • Nothing new to education, but worth noting that it now appears in KCSIE and the message that sends.

28. Children and the Criminal System • Court orders in place between parents to clarify contact arrangements. • Pupils entering the criminal system. Are senior leaders aware of any relevant information and do they ensure an analysis of risk, acting on appropriate professional advice?

29. Children missing from education • Attendance policy and procedures. • What does attendance data say about attendance at our school in line with national? • All pupils. • SEND pupils (k and EHCP). • Disadvantaged pupils? • Free school meals pupils? • Looked after pupils? Do governing bodies and proprietors put in place appropriate safeguarding responses to children who go missing from education, particularly on repeat occasions, to help identify abuse and neglect, including sexual abuse or exploitation, and to help prevent the risks of their going missing in future? (KCSIE 2018 para 57) Is this all reflected in the attendance policy and adhered to by all staff? Do governing bodies/proprietors understand school attendance rates and risks?

31. Governors’ safeguarding training 2018Online safety

32. Governors’ safeguarding training 2018Online safety

33. Governors’ safeguarding training 2018Online safety

34. Governors’ safeguarding training 2018Online safety

35. Governors’ safeguarding training 2018Online safety Filters and monitoring • ‘should consider the age range of their pupils, the number of pupils, how often they access the IT system and the proportionality of costs vs risks.’ • ‘the risk assessment required by the Prevent Duty.’ • ‘The UK Safer Internet Centre has published guidance as to what “appropriate” filtering and monitoring might look like’

36. Governors’ safeguarding training 2018Online safety Monitoring UK Safer Internet Centre (referenced in KCSIE 2018) • ‘Recognisingthat no monitoring can guarantee to be 100% effective, schools should be satisfied that their monitoring strategy or system (including keywordsif using technical monitoring services) at least covers the following content: • Illegal [a ‘category’] • Bullying • Child sexual exploitation • Discrimination • Drugs/substance abuse • Extremism • Pornography • Self harm • Violence • Suicide’

37. Governors’ safeguarding training 2018Online safety Filters and monitoring Online safety and sexting report – SMBC (August 2018) • Audit took place in 2017 [technological solutions have developed since then] • Filtering versus monitoring • Risk assessment of approach and solution? • Technology underpins the safeguarding process • Generally, good response to incidents with some variation – look at processes? • 83 sexting incidents – wide variation between schools

38. Governors’ safeguarding training 2018Online safety Staff training

39. Governors’ safeguarding training 2018Online safety Information and support • UK Safer Internet Centre[technology] • SWGfL[template policies/procedures] • UKCCIS[sexting/questions for governing bodies] • NSPCC[advice for parents]

40. Governors’ safeguarding training 2018Online safety Sexting • KCSIE2018 refers to UK Council for Child Internet Safety (UKCCIS) guidance • Sexting in schools and colleges: responding to incidents and safeguarding young people[for DSL] • Sexting: how to respond to an incident (an overview for all teaching and non-teaching staff) in schools and colleges [for all staff] • Explicitly refers back to KCSIE 2018 and Searching, screening and confiscation (both DFE)

41. Governors’ safeguarding training 2018Online safety Sexting • ‘…sexting is defined as the production and/or sharing of sexual photos and videos of and by young people who are under the age of 18. It includes nude or nearly nude images and/or sexual acts. It is also referred to as ‘youth produced sexual imagery’. ’ • ‘Sexting’ does not include the sharing of sexual photos and videos of under-18 year olds with or by adults. This is a form of child sexual abuse and must be referred to the police.’

42. Governors’ safeguarding training 2018Online safety • You must read the full guidance

43. Governors’ safeguarding training 2018Online safety Searching, screening and confiscation Searching screening and confiscation – advice for headteachers, school staff and governing bodies

44. Governors’ safeguarding training 2018Online safety • Searching, screening and confiscation • Prohibited items are: • knives or weapons • alcohol • illegal drugs • stolen items • tobacco and cigarette papers • fireworks • pornographic images • any article that the member of staff reasonably suspects has been, or is likely to be, used: • to commit an offence, or • to cause personal injury to, or damage to the property of, any person (including the pupil). Headteachers and authorised staff can also search for any item banned by the school rules which has been identified in the rules as an item which may be searched for.

45. Governors’ safeguarding training 2018Online safety Searching, screening and confiscation ‘Where the person conducting the search finds an electronic device that is prohibited by the school rules or that they reasonably suspects has been, or is likely to be, used to commit an offence or cause personal injury or damage to property, they may examine any data or files on the device where there is a good reason to do so. They may also delete data or files if they think there is a good reason to do so, unless they are going to give the device to the police. This power applies to all schools and there is no need to have parental consent to search through a young person’s mobile phone if it has been seized in a lawful ‘without consent’ search and is prohibited by the school rules or is reasonably suspected of being, or being likely to be, used to commit an offence or cause personal injury or damage to property.’

46. Governors’ safeguarding training 2018Online safety • You must read the full guidance

47. Governors’ safeguarding training 2018Online safety • Online and digital safety in the curriculum • Working with parents and carers • Online safety policy • Acceptable use policies • Filtration and monitoring • Use of social media • Mobile technologies • Media recordings • Information and data security

48. Governors’ safeguarding training 2018Online safety Key issues for governors • Solihull Council safeguarding audit Governing bodies and proprietors’ responsibilities • Key legislation: Education Act (2002) • Statutory duty: keeping children safe in education 2018 (part 2) • Online safety in schools and colleges: Questions from the governing board (UKCCIS)

49. Governors’ safeguarding training 2018Online safety Questions? Do governing bodies and proprietors ensure apropriate filters and appropriate monitoring systems are in place? Are they careful that ‘over blocking’ does not lead to unreasonable restrictions as to what children can be taught with regard to online teaching and safeguarding?(KCSIE para 79 and 82) Do governing bodies and proprietors ensure that children are taught about safeguarding including online safety and relationships and sex education (RSE) as part of providing a broad and balance curriculum, through personal social health and economic education (PSHE)? KCSIE para 80+)

50. Private Fostering (para. 181 – 183 moved from Annex A) • Requirement for schools to notify the LA of any students who are privately fostered – definition (and links to further guidance) given. • Letter to schools this week about private fostering.