Safeguarding Children Policy at Mulberry Garden
For advice, consult the local authority designated officer (LADO) 01225 396810 within 24 hours of the incident occurring. In 2015 the term LADO changed to Designated Officer (DO). B&NES title remains LADO.
Out of hours duty team: 01454 615165 (16:30 - 08:30)
Public protection unit: 01225 842786
Social Services: 01225 396111 or 01225 477929.
Policy statement
Our setting will work with children, parents and the community to ensure the rights and safety of children. Our Safeguarding Policy is based on three key commitments: safe culture, prompt response and a promotion of child protection awareness to ensure we respond to child protection concerns.
Commitment 1: safe culture
We are committed to building a “culture of safety” in which children, young people and vulnerable adults are protected from abuse and harm in all areas of our service delivery. Our designated lead person who coordinates child protection issues is Lucy Purnell.
● When the setting is open and the designated person is not on site, Paige Mitchell is the suitably trained deputy available at for staff to discuss safeguarding concerns.
● The designated person, the suitably trained deputies and the designated officer ensure they have relevant links with statutory and voluntary organisations with regard to safeguarding. The designated person (and the suitably trained deputy) understands Local Safeguarding Children’s Board (LSCB) safeguarding procedures, attends relevant LSCB training at least every two years and refreshes their knowledge of safeguarding at least annually.
● We ensure staff are trained to understand our safeguarding policies and procedures and that parents are made aware of them too. Regular updates are provided to us, and it is our responsibility to ensure safeguarding practices are put into place. Staff have up-to-date knowledge of safeguarding issues, are alert to potential indicators and signs of abuse and neglect, and understand their professional duty to ensure safeguarding and child protection concerns are reported to the local authority children’s social care team (or the NSPCC). Staff receive updates on safeguarding at least annually.
● Staff have the confidence to ask questions in relation to any safeguarding concerns and understand not to take things at face value but to be respectfully sceptical.
● Staff understand the principles of early help (as defined in Working Together to Safeguard Children, 2015) and are able to identify those children and families who may be in need of early help and enable them to access it.
● Staff understand LSCB thresholds of significant harm and understand how to access services for families, including for those families who are below the threshold for significant harm.
● Staff understand their responsibilities under the General Data Protection Regulations (GDPR) and the circumstances under which they may share information about parents and their child with other agencies.
● Staff understand how to escalate their concerns in the event that they feel either the local authority and/or their own organisation has not acted adequately to safeguard.
● Staff understand what our setting expects of them in terms of their required behaviour and conduct, and follow our policies and procedures on positive behaviour, online safety (including use of mobile phones), whistleblowing and dignity at work.
● Children have a key person to build a relationship with, and are supported to articulate any worries, concerns or complaints that they may have in an age appropriate way.
● Staff understand our policy on promoting positive behaviour and follow it in relation to children showing aggression towards other children.
● Adequate and appropriate staffing resources are provided to meet the needs of children.
● Applicants for posts within the setting are clearly informed that the positions are exempt from the Rehabilitation of Offenders Act 1974.
● Enhanced Disclosure and Barring Service (DBS) checks and references are carried out for staff and volunteers prior to their post being confirmed, to ensure that no disqualified or unsuitable person works at the setting or has access to the children.
● Where applications are rejected based on information disclosed, applicants have the right to know and to challenge incorrect information.
● Enhanced DBS checks are kept up to date for anyone working on the premises.
● Volunteers must be aged 17 or over and considered to be competent and responsible. Volunteers receive a robust induction and regular supervisory meetings. They should be familiar with our policies and procedures. Volunteers are fully checked for their DBS status if they are to have unsupervised access to the children at any time.
● Information is recorded about staff qualifications, and the identity checks and vetting processes that have been completed including the DBS reference number, date obtained and the DBS verifier.
● Staff and volunteers are informed that they are expected to disclose any convictions, cautions, court orders or reprimands and warnings which may affect their suitability to work with children (whether received before or during their employment with us).
● Staff and volunteers are required to notify us if anyone in their household (including family members, lodgers, partners etc.) has any relevant convictions, cautions, court orders, reprimands or warnings or has been barred from, or had registration refused or cancelled in relation to any childcare provision or have had orders made in relation to care of their children.
● We will always notify the DBS of any person who is dismissed from our employment, or resigns in circumstances that would otherwise have led to dismissal for reasons of a child protection concern.
● We record the details of visitors to our setting.
● Security steps are taken to ensure that we have control over who comes into the setting so that no unauthorised person has access to the children.
● Steps are taken to ensure children are not photographed or filmed on video for any other purpose than to record their development or their participation in events organised by us. Parents sign a consent form and have access to records holding visual images of their child.
● AnypersonalinformationisheldsecurelyandinlinewithGDPRandguidancefromtheICO.
● The designated person in the setting has responsibility for ensuring there is an online safety policy in place.
● We keep a written record of all complaints and concerns, including details of how we responded to them.
● We ensure that risk assessments are completed, read and signed by all relevant staff and that they are regularly reviewed and updated, in line with our health and safety policy.
● The designated officer will support the designated person to undertake their role adequately and offer advice, guidance, supervision and support.
● The designated person will inform the designated officer at the first opportunity of every significant safeguarding concern, however this should not delay any referrals being made to children’s social care, the LADO, OFSTED or RIDDOR.
Key commitment 2: Prompt response
We are committed to responding promptly and appropriately to all incidents, allegations or concerns of abuse that may occur. We work with statutory agencies in accordance with the procedures that are set down in “What to do if you’re worried a child is being abused” (HMG, 2015) and the Care Act 2014.
Responding to suspicions of abuse
● We acknowledge that abuse of children can take different forms: physical, emotional, sexual, bullying and neglect.
● We ensure our staff have an understanding of the additional vulnerabilities that arise from special educational needs and/or disabilities, inequalities of race, gender, language, religion, sexual orientation or culture, and that these receive full consideration in relation to child protection.
● When children are suffering from physical, sexual or emotional abuse, or experiencing bullying or neglect, this may be demonstrated in any or all of the following:
● significant changes in their behaviour
● deterioration in their general well-being
● their comments which may give cause for concern, or the things they say (direct or indirect disclosure)
● changes in their appearance, their behaviour, or their play
● unexplained bruising, marks or signs of possible abuse or neglect
● any reason to suspect neglect or abuse outside the setting.
● We are aware of the ‘hidden harm’ agenda concerning parents with drug and alcohol problems and consider other factors affecting parental capacity and risk such as: social exclusion, domestic violence, radicalisation, mental or physical illness and parent’s learning disability.
● We are aware that there is the potential for children’s vulnerability to increase when they are privately fostered and when we know that a child is being cared for under a private fostering arrangement, we will inform B&NES children’s social care team.
● We are prepared to take action if we have concerns about the welfare of a child who fails to arrive at a session when expected. The designated person will take immediate action to contact the child’s parent to seek an explanation for the child’s absence and be assured that the child is safe and well. If no contact is made with the child’s parents and the designated person has reason to believe that the child is at risk of significant harm, the relevant professionals are contacted immediately and LSCB procedures are followed. If the child has current involvement with social care the social worker is notified on the day of the unexplained absence.
● We are aware of other factors that affect children’s vulnerability that may affect, or may have affected, children and young people using our provision, such as abuse of children who have special educational needs and/or disabilities; fabricated or induced illness; child abuse linked to beliefs in spirit possession; sexual exploitation of children, including through internet abuse; Female Genital Mutilation (FGM) and radicalisation or extremism.
● In relation to radicalisation and extremism, we follow the Prevent Duty guidance for England and Wales published by the Home Office and LSCB procedures on responding to radicalisation.
● The designated person completes LSCB Advanced Inter-Agency training to ensure they are familiar with the local protocol and procedures for responding to concerns about radicalisation.
● We are aware of the mandatory duty that applies to teachers, including early years practitioners, and health workers to report cases of FGM to the police.
● We are aware that some children and young people are affected by gang activity, by complex, multiple or organised abuse, through forced marriage or honour based violence or may be victims of child trafficking. While this may be less likely to affect young children in our care, we may become aware of any of these factors affecting older children and young people who we may come into contact with. If we believe that a child in our care or that is known to us may be affected by any of these factors we follow the procedures below for reporting child protection concerns and follow the LSCB procedures.
● Where such evidence is apparent, the child’s key person makes a dated record of the details of the concern and discusses with the designated person how to proceed. The information is stored on the child’s personal file.
● In the event that a staff member or volunteer is unhappy with the decision made by the designated person in relation to whether to make a safeguarding referral they must follow escalation procedures.
● We refer concerns to B&NES children’s social care team and co-operate fully in any subsequent investigation. In some cases this may mean the police or another agency identified by the LSCB.
● We take care not to influence the outcome either by the way we speak to children or by asking questions of children.
● We take account of the need to protect young people aged 16-19 as defined by the Children Act 1989. This may include students or school children on work placement, young employees or young parents. Where abuse is suspected we follow the procedure for reporting any other child protection concerns. The views of the young person will always be taken into account, but the setting may override the young person’s refusal to consent to share information if it feels that it is necessary to prevent a crime from being committed or intervene where one may have been, or to prevent harm to a child or adult. Sharing confidential information without consent is done only where not sharing it could be a worse scenario.
● Staff are aware that adults can also be vulnerable and know how to refer adults who are in need of community care services.
● We have a whistleblowing policy in place. Staff/volunteers know they can contact the organisation Public Concern at Work for advice relating to whistleblowing. If they feel that the organisation has not acted adequately in relation to safeguarding they can contact the NSPCC whistleblowing helpline.
Recording suspicions of abuse and disclosures
● When a child makes comments to a member of staff, giving cause for concern (disclosure), or a member of staff observes signs that give cause for concern, such as significant changes in behaviour; deterioration in general well-being; unexplained bruising, marks or signs of possible abuse or neglect; the member of staff:
● will listen to the child, offer reassurance and give assurance that s/he will take action
● does not question the child, although it is OK to ask questions for the purposes of clarification ● makes a written record that forms an objective record of the observation or disclosure that
includes the time and date of the observation or disclosure; the exact words spoken by the child as far as possible, name of the person to whom the concern was reported, with time and date, and the names of any other person present at the time. These records are signed and dated and kept in the child’s personal file, which is kept securely and confidentially.
● The member of staff acting as the designated person is informed of the issue at the earliest opportunity, and within one working day.
● Where the LSCB stipulates the process for recording and sharing concerns, we include those procedures alongside this procedure and follow the steps set down by the LSCB.
Making a referral to B&NES children’s social care team
● We liaise with the LADO or the Deputy Safeguarding Officer then undertake procedures for making a referral to B&NES children’s social care team.
● We keep copies of documents alongside the procedures for recording and reporting set down by our LSCB.
Escalation process
If we feel that a referral made has not been dealt with properly or that concerns are not being addressed or responded to, we will follow the LSCB escalation process. Staff are aware of how to escalate concerns.
Informing parents
Parents are normally the first point of contact. Concerns are discussed with parents to gain their view of events, unless it is felt that this may put the child at risk, or interfere with the course of a police investigation. Advice will be sought from social care as necessary.
● Parents are informed when we make a record of concerns in their child’s file and that we also make a note of any discussion we have with them regarding a concern.
● If a suspicion of abuse warrants referral to social care, parents are informed at the same time that the referral will be made, except where the guidance of the LSCB does not allow this, e.g. where it is believed that the child may be placed at risk. This will usually be the case where the parent is the likely abuser.
● If there is a possibility that advising a parent beforehand may place a child at greater risk (or interfere with a police response) the designated person should seek advice from B&NES children’s social care, about whether or not to advise parents beforehand, and should record and follow the advice given.
Liaison with other agencies
We work within the LSCB guidelines. The current version of ‘What to do if you’re worried a child is being abused’ is available for parents and staff and all staff are familiar with what they need to do
if they have concerns.
● We have procedures for contacting B&NES regarding child protection issues, including maintaining a list of names, addresses and telephone numbers of social workers, to ensure that it is easy, in any emergency, for our setting and children’s social care to work well together.
● We notify Ofsted of any incident or accident and any changes in our arrangements which may affect the well-being of children or where an allegation of abuse is made against a member of staff (whether the allegations relate to harm or abuse committed on our premises or elsewhere). Notifications to Ofsted are made as soon as is reasonably practicable, but at the latest within 14 days of the allegations being made.
● Contact details for the local NSPCC are readily available. 5
Allegations against staff
We ensure that all parents know how to complain about the behaviour or actions of staff or volunteers within the setting, or anyone working on the setting premises, which may include an allegation of abuse.
● Staff are aware of whom to make a complaint to, in regard to a safeguarding complaint regarding a child. Staff must not speak to a manager and instead call the LADO to make the complaint, who will advise on the next steps.
● We respond to any inappropriate behaviour displayed by members of staff, volunteers or any other person working on the premises, which includes inappropriate sexual comments, excessive one-to-one attention beyond the requirements of their role and responsibilities, or inappropriate sharing of images.
● We follow the guidance of the LSCB when responding to any complaint that a member of staff or volunteer within the setting, or anyone working on the setting premises, has abused a child.
● We ensure that staff and volunteers know how to raise concerns about a member of staff or volunteer within the setting.
● We respond to any concerns raised by staff and volunteers who know how to escalate their concerns if they are not satisfied with our response.
● We respond to any disclosure by children or staff that abuse by a member of staff or volunteer within the setting, or anyone working on the setting premises, may have taken, or is taking place, by first recording the details of any such alleged incident.
● We refer any such complaint immediately to the LADO to investigate and/or offer advice.
● We report any such alleged incident to Ofsted (unless advised by LADO that this is unnecessary due to the incident not meeting the threshold), as well as what measures we have taken. We are aware that it is an offence not to do this.
● We co-operate entirely with any investigation carried out by B&NES children’s social care in conjunction with the police.
● Where the management team and B&NES children’s social care agree it is appropriate in the circumstances, the member of staff or volunteer will be suspended for the duration of the investigation. This is not an indication of admission that the alleged incident has taken place, but is to protect the staff, as well as children and families, throughout the process. It is not the manager’s position to suspend the staff member, the decision is made by the LADO and the Police.
Disciplinary action
Where a member of staff or volunteer has been dismissed due to engaging in activities that caused concern for the safeguarding of children or vulnerable adults, we will notify the DBS of relevant information, so that individuals who pose a threat to children and vulnerable groups can be identified and barred from working with these groups.
Key commitment 3: promotion of child protection awareness
We are committed to promoting awareness of child abuse issues throughout our training and learning programmes for adults. We are also committed to empowering children through our early childhood curriculum, promoting their right to be strong, resilient and listened to.
Training
Training opportunities are sought for all adults involved in the setting to ensure that they are able to recognise the signs and signals of possible physical abuse, emotional abuse, sexual abuse (including child sexual exploitation) and neglect, and that they are aware of B&NES guidelines for making referrals.
● Designated people receive appropriate training, as recommended by the LSCB, every two years and refresh their knowledge and skills at least annually.
● We ensure staff know the procedures for reporting and recording any concerns they may have about our setting.
● We ensure staff receive updates on safeguarding via emails, newsletters, online training and/or discussion at staff meetings throughout the year.
Planning
The layout of the rooms allows for constant supervision. For group provision no child is left alone with staff or volunteers in a one-to-one situation without being within sight and/or hearing of other staff or volunteers.
Curriculum
● We introduce key elements of keeping children safe to promote the personal, social and emotional development of all children, so that they may grow to be strong, resilient and listened to and so that they develop an understanding of why and how to keep safe.
● We create a culture of value and respect for individuals, having positive regard for children’s heritage arising from their colour, ethnicity, languages spoken at home, cultural and social background. We ensure this is developmentally appropriate for the children.
Confidentiality
All suspicions and investigations are kept confidential and shared only with those who need to know. Any information is shared under the guidance of the LSCB.
Support to families
We believe in building trusting and supportive relationships with families, staff and volunteers.
● We make clear to parents our role and responsibilities in relation to child protection, such as for the reporting of concerns, information sharing, monitoring of the child, and liaising at all times with B&NES children’s social care team.
● We will continue to welcome the child and the family whilst investigations are being made in relation to any alleged abuse.
● We follow the Child Protection Plan as set by the child’s social worker in relation to our setting’s designated role and tasks in supporting that child and their family, subsequent to any investigation.
● Confidential records kept on a child are shared with the child’s parents or those who have parental responsibility for the child in accordance with the Confidentiality and Client Access to Records procedure, and only if appropriate under the guidance of the LSCB.
Legal framework
Primary legislation:
● Children Act (1989 s47)
● Protection of Children Act (1999)
● The Children Act (2004 s11)
● Safeguarding Vulnerable Groups Act (2006)
● Childcare Act (2006) Secondary legislation:
● Sexual Offences Act (2003)
● Criminal Justice and Court Services Act (2000)
● Equality Act (2010)
● General Data Protection Regulations (GDPR) (2018)
● Childcare (Disqualification) Regulations (2009)
● Children and Families Act (2014)
● Care Act (2014)
● Serious Crime Act (2015)
● Counter-Terrorism and Security Act (2015)
Further guidance
● Working Together to Safeguard Children (HMG, 2015)
● What to do if you’re Worried a Child is Being Abused (HMG, 2015)
● Framework for the Assessment of Children in Need and their Families (DoH 2000)
● The Common Assessment Framework for Children and Young People: A Guide for Practitioners (CWDC 2010)
● Statutory guidance on making arrangements to safeguard and promote the welfare of children under section 11 of the Children Act 2004 (HMG 2008)
● Hidden Harm – Responding to the Needs of Children of Problem Drug Users (ACMD, 2003)
● Information Sharing: Guidance for Practitioners providing Safeguarding Services (DfE 2015)
● Disclosure and Barring Service: www.gov.uk/disclosure-barring-service-check
● Revised Prevent Duty Guidance for England and Wales (HMG, 2015)
● Inspecting Safeguarding in Early Years, Education and Skills Settings, (Ofsted, 2016)
Other useful Pre-school Learning Alliance publications
● Safeguarding Children (2013)
● Safeguarding through Effective Supervision (2013)
● The New Early Years Employee Handbook (2016)
● People Management in the Early Years (2016)