Safeguarding in the learning and skills sector (SITLASS)

Aims and Objectives

Aim:

To update on the wider context for the safeguarding of young people and vulnerable adults

Aims and Objectives

Objectives of the workshop:

•To identify the legislative context and key policy drivers which have informed the safer recruitment and wider safeguarding agenda

•To understand the difference between safeguarding and child protection and to explore ways of safeguarding young people and vulnerable adults in adult and community learning

Continued….

•To identify the importance of creating a whole organisation approach towards safeguarding

•To understand the roles and key purposes of other agencies, especially the local safeguarding boards

• Some of the content within this presentation and training is sensitive and may be difficult to discuss

• If you would like to talk about any issues raised, please approach the facilitator, your safeguarding designated person or contact one of the support agencies whose details are contained in the training handbook.

Please note:

Programme structure

•Module S1 The Context

•Module S2 A Safer Environment

•Module S3 The October 2009 Legislation

•Module S4 Development and Support

The journey to here…….

The journey to here…….

Bichard Inquiry Report, 2004 p12 para 79

‘For those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil, no one can guarantee that they can be stopped.

Our task is to make it as difficult as possible for them to succeed….’

Definitions

• Child or young person: up to their 18th birthday (UN convention of the Rights of the Child)

Definition of a vulnerable adult

A Vulnerable adult is defined by the Safeguarding Vulnerable Groups Act as a person over 18 years of age and who are: •L

iving in certain situations

•Detained in institutions or because of other laws

•Receiving specific services

Module 1:

The contextAn overview:

• Definition of safeguarding

• What we are safeguarding learners from?

• Who are the potential abusers?

• Why is safeguarding important?

• Safeguarding and external inspection

What is child protection?

What is safeguarding?

What’s the difference?

Child protection looks at recognising abuse and neglect and acting on it….

…whereas safeguarding looks at keeping children, young people and vulnerable adults safe from a much wider range of potential harm, and delivers preventative action, not just reaction.

Safeguarding definition

• “The term ‘safeguarding’ describes the broader preventative and precautionary approach to planning and procedures that are necessary to be in place to protect children and young people from any potential harm or damage.”

Keeping it Safe, National Council for Voluntary Youth Services, 2002

• Child protection and safer recruitment are important aspects of safeguarding

• This is also true for vulnerable adults

Activity

So what are we safeguarding learners from?

Safeguarding learners from

• Sexual abuse or inappropriate relationships

• Grooming

• Physical and emotional abuse or neglect

• Domestic violence

• Inappropriate parenting

• Inappropriate supervision by staff/volunteers i.e. ‘bad practice’

• Bullying, cyber-bullying

• Self-harm, risky behaviour

• Unsafe activities and environments

• Accidents e.g. road, home

• Crime

• Fear of crime

• Exploitation including financial abuse, sexual exploitation, forced marriage

• Immigration issues

• Potentially unsafe environments e.g. parks, sports grounds

• Homelessness and unsuitable housing

• Victimisation due to race, sexuality, faith, gender, disability

and…

Who are the potential abusers?

•Family members

•Friends and acquaintances

•Strangers, e.g. predatory paedophiles

•Staff working in the sector including peripatetic staff, e.g. assessors and agency staff

•Externally contracted staff, e.g. security staff, transport staff

•Volunteers

•Governors/trustees/board members

•Other learners

•Themselves

•Anyone (potentially!)

So why is this important?

External and internal drivers

Doing what is best

• Legislation

• Inspection

• Protecting the organisation and its workforce

• Policies and procedures

• Contractual responsibilities

• Commitment to providing the best and safest learning environment possible to ensure learners can succeed and staff can feel secure

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External inspection will evaluate:

• Whether there is an awareness of safeguarding across the organisation, including staff and learners

• Whether there is staff training on safeguarding to ensure all understand the requirements and duties to safeguard all learners including vulnerable adults

• Whether providers have looked at their policies to include safeguarding

• Whether providers have safeguarding systems in place and are critically looking at existing practices

• Whether the organisation is proactive and taking the right steps

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External inspection continued…..

• Whether learners feel safe

• Whether the provider knows about the requirements on vetting and barring

• The Central Record

• Speak with the Designated Person

• Whether providers have made decisions around ISA/ CRB checks and who should be included in these

• Whether the organisation has links with the local safeguarding board LSB (for details of LSBs ww.everychildmatters.gov.uk/lscb)

Safeguarding judgements in the Common Inspection Framework

How safe do learners feel?

•What is observed (safe practices)

•What learners tell inspectors (feel safe)

How effectively does the provider promote the safeguarding of learners?

•Learners are safeguarded and protected

•Staff take action to identify and respond appropriately to users’ welfare concerns

•Safeguarding is prioritised

•Providers work together with agencies and professionals effectively to safeguard learners

External inspection continued…

Compliance or commitment?

• The grade for safeguarding is a ‘limiting’ grade, which impacts on grades for Leadership and Management and Overall Effectiveness.

• Compliance is the minimum necessary requirement for a judgement of ‘adequate’ in safeguarding (Reference to Towards Excellence)

• Staff Training – The LSIS Safeguarding Training Modules are recognised by Ofsted. It will be important for providers to select the modules best suited to staff roles and responsibilities.

Activity – Key elements for inspection

Activity

1.Do you know how safe your learners feel? If so how?

2.Do you know how safe staff feel? If so how?

3.How is safeguarding promoted across the organisation?

Module 2:

A safer environmentAn overview:

•How do we safeguard learners and staff?

•An organisation’s policies and training

•Developing a culture of vigilance – getting the right balance

•Roles and responsibilities

•Types of abuse – recognising and responding

How do we safeguard learners and staff?

• Safer recruitment of staff including volunteers

• Effective management and supervision

• Clear and effective policies and procedures

• Promoting safe working practices

• Raising awareness of learners, staff and governors/trustees/board members, and involving them in reviewing and developing approaches

Activity : Polices and procedures a)

Working in groups, list all the policies and

procedures in your organisation which relate

to safeguarding of learners and staff.

You should have policies and procedures that cover:

• Safeguarding

• Safer Recruitment

• Child Protection/Vulnerable Adult Protection

• Equality and Diversity

• Health and Safety

• Learning and Teaching

• Anti-bullying

• Whistle-blowing

• Acceptable use of technology

continued...

•Staff Code of Conduct

•Volunteering

•Lone Working

•Learner Behaviour Policy

•Learner Complaints

•Learner Recruitment

•Risk Assessment

Activity: Polices and procedures b)

•In your groups, identify any situations where the actions of staff could be placing themselves in a position of vulnerability in relation to safeguarding: e.g. using personal mobile phones for communicating with learners

•Now look back at your list of policies and procedures and identify which of these are designed to provide support and guidance for staff in these situations

Safeguarding and risk assessment

The following areas may be covered by your Risk

Assessment process:•T

rips•W

ork placements•C

ertain workshop/practical activity•L

one working•O

ther learners (where applicable)•H

ome visits•M

ixed age groups within one learning cohort•M

ultiple sites•T

ravel between sites …………

The best way to protect learners and staff is to empower them to protect themselves

We should:

• Ensure that they have an understanding of what is appropriate and what is not

• Help them to challenge what is inappropriate

• Give them avenues to address and report their concerns

• Involve them in the development and review of approaches to safeguarding

Involving and informing learners and staff

Training and awareness raising:

•Induction for all staff (part-time, full-time and contractors), governors/trustees/board members and volunteers to include an element of safeguarding awareness

•Basic awareness training for all, refreshed regularly

•Discussion at team meetings

•Specialist training for the designated safeguarding person/s

•Information disseminated using wide range of methods e.g. intranet, briefings, newsletters etc.…..

Developing a culture of vigilance

Whose responsibility?

•Senior management

•A specialist Designated Person for safeguarding

•All staff and volunteers

•Governors/board members/trustees

•Partnerships

How ?

•Through robust application of safeguarding policy and procedures

•Through safer recruitment

•Through Designated Person, line management, appraisal, etc.

• To promote positive safeguarding procedures and practice

• Receive information and offer advice about safeguarding concerns, maintain secure records and take appropriate action

• To be familiar with national and local safeguarding guidance and referral procedures

• To assess the development needs of staff and co-ordinate training

• To keep all staff and volunteers informed of good practice and development

• To monitor safeguarding cases in the organisation

Roles and responsibilities:

the role of the Designated Person

The 5 Rs

Everyone’s responsibilities

Recognise

Respond

Report Record

Refer

• Physical

• Emotional

• Sexual

• Neglect

From Working Together to Safeguard Children, HM Government, 2006

Also:

• Bullying, financial abuse and

• Domestic violence

Types of abuse

Activity

The first R - Recognise:

•Signs and indicators in the learner that may cause you to be concerned that they are being abused

•And behaviour of the potential abuser which may cause you to be suspicious

The second ‘R’; respond

The following 5 actions are required if receiving a

safeguarding disclosure or concern:

•Listen

•Ask open questions not leading questions

•Do not make promises

•Do be clear about what happens next

•Don’t panic

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Activity Case

Study 1

A learner approaches you and tries to explain that they are worried about a friend who they believe is being abused . They say that they have approached you because they trust you.

What action do you take?

Case Study 2

You have been off work recently and during this time have, on a number of occasions, seen a part-time member of the teaching staff socialising with one of your learners. You happen to know that this learner is currently having a difficult time at home you are also worried as this learner is 17 years old.

What action do you take?

Designated Person Flowchart

Safeguarding policy and activity to promote it

All staff, volunteers, contractors and learners

Designated person and/or deputy:

Gathers informationTakes advice

Makes judgement

Any concerns about learners or staff re safeguarding

Local AuthorityDesignated Officer

Local Safeguarding

Board

Children’s Services

Adult Services

Police

Independent Safeguarding

Authority

Dealt withinternally.

Record and monitor

Module 3: The legislation

An overview:

• The current legislation

• What is the Independent Safeguarding Authority (ISA)

• The impact on staff

The Government Review

In June 2010 the Home Secretary called for a review of

the intended Vetting and Barring scheme and delay of

the start of the scheme.

The review concluded Feb 2011 and recommendations have been made to Government.

However new safeguarding regulations introduced in

October 2009 continue to apply.

Activity

Who has contact with your learners?

The legislation (October 2009)

A person who is barred from working with children or vulnerable

adults will be breaking the law if they work or volunteer, or try to

work or volunteer with those groups.

An organisation which knowingly employs someone who is barred to work with those groups will also be breaking the law.

If your organisation works with children or vulnerable adults and

you dismiss a member of staff or a volunteer because they have

harmed a child or vulnerable adult, or you would have done so if

they had not left, you must tell the Independent Safeguarding

Authority.

The VBS remodelling – February 2011

Recommendations to government:• merging the CRB and ISA to provide a barring and criminal

records checking service

• only those working closely and regularly with children and vulnerable adults will need checks

• portability of criminal records checks between jobs and ability to update status

• no requirement to register with the VBS and then be continuously monitored

• more stringent guidelines to employers on criminal records checks

Visit the ISA website to see the full report – www.isa-gov.org.uk

Organisational planning: CRB checks and risk assessments

Until the changes are implemented (over the next few years) organisations need to continue to use Criminal Records Bureau (CRB) checks, including checking barred status.

Who can be CRB checked will be determined by individual staff, volunteers and contracted staff roles and their level of contact with learners.

In other contexts it will be necessary to use a risk assessment process to determine what other safeguards could be applied

The Bichard Report – recommendation 19

“New arrangements should be introduced requiring those who wish to work with children or vulnerable adults, to be registered. The register would confirm that there is no known reason why an individual should not work with these client groups.”

This led to the setting up of the Independent Safeguarding

Authority

What is the Independent Safeguarding Authority (ISA)?

• Non-Departmental Public Body set up in response to The Bichard Report – Recommendation 19

• The ISA will manage the ‘barred’ lists – these lists are of those who are unsuitable to work with children and vulnerable adults

Key features of the legislation

• Linking information to inform the barred lists• ISA referrals process• ISA Decision Making process

Recommendation is to abolish plans for: • ISA Registration• Free online checking• Continuous monitoring and informing

employers/associations of changes in individual employee / volunteer status

• Organisations need to have a clear policy relating to their vetting check requirements and these need to be communicated to all staff

• If an existing member of staff is barred, they must be moved from working with children and vulnerable groups immediately

• Unsubstantiated or malicious allegations won’t be enough to get a member of staff barred

• Individuals may make representations against being barred in most circumstances

Staffing impacts

In summary

•We owe it to all learners and staff to keep them as safe as we can

•It is not just good practice, but a requirement, to have effective policies and procedures in place

Module 4: Development and

support

Information and support for learners and staff

• It is important to note that all incidents must be reported and that some learners may need specific support linked to different issues

• It is important that organisations offer staff access to both practical and personal support around safeguarding issues

• Your handbook (reference Appendix 1) contains suggestions of organisations that can support vulnerable learners and young people and adults generally

• You may know of local support agencies as well

E-learning resource

Assessment

• Available via the LSIS virtual learning environment (VLE) as part of the on line learning resource at www.leadershiplearning.org.uk

• Multiple choice

• 2 assessments:

• One covering modules 1 and 2

• One covering all the modules

• Range of questions

• Testing understanding and knowledge

• Certificate if successful score achieved

• No feedback as assessment not quiz