Child Protection and Safeguarding Policy and procedures

Contents:

1. Aims
2. Legislation and statutory guidance
3. Definitions
4. Equality statement
5. Roles and responsibilities
6. Confidentiality
7. Recognising abuse and taking action
8. Notifying parents
9. Pupils with special educational needs and disabilities
10. Mobile phones and cameras
11. Complaints and concerns about the Nursery safeguarding policies
12. Record-keeping
13. Training
14. Monitoring arrangements
15. Links with other policies

Appendix 1: types of abuse
Appendix 2: safer recruitment and DBS checks – policy and procedures
Appendix 3: allegations of abuse made against staff
Appendix 4: specific safeguarding issues

USEFUL CONTACTS:

Designated Safeguarding Lead (DSL): Gill Liu – 020 8959 5556
Deputy Designated Safeguarding Lead: Maria Walker - 020 959 5556
Local Authority Designated Officer (LADO):020 8359 4066
M.A.S.H 020 8359 4066

1. Aims

The Nursery aims to ensure that: 

• Appropriate action is taken in a timely manner to safeguard and promote children’s welfare
• All staff are aware of their statutory responsibilities with respect to safeguarding
• Staff are properly trained in recognising and reporting safeguarding issues

2. Legislation and statutory guidance

This policy is based on the Department for Education’s statutory guidance Keeping Children Safe in Education (2018) and Working Together to Safeguard Children (2018), and the Governance Handbook. We comply with this guidance and the arrangements agreed and published by our 3 local safeguarding partners.

This policy is also based on the following legislation: 

• Section 175 of the Education Act 2002, which places a duty on schools and local authorities to safeguard and promote the welfare of pupils
• The School Staffing (England) Regulations 2009, which set out what must be recorded on the single central record and the requirement for at least one person conducting an interview to be trained in safer recruitment techniques
• The Children Act 1989 (and 2004 amendment), which provides a framework for the care and protection of children  Section 5B(11) of the Female Genital Mutilation Act 2003, as inserted by section 74 of the Serious Crime Act 2015, which places a statutory duty on teachers to report to the police where they discover that female genital mutilation (FGM) appears to have been carried out on a girl under 18
• Statutory guidance on FGM, which sets out responsibilities with regards to safeguarding and supporting girls affected by FGM
• The Rehabilitation of Offenders Act 1974, which outlines when people with criminal convictions can work with children 
• Schedule 4 of the Safeguarding Vulnerable Groups Act 2006, which defines what ‘regulated activity’ is in relation to children 
• Statutory guidance on the Prevent duty, which explains schools’ duties under the Counter-Terrorism and Security Act 2015 with respect to protecting people from the risk of radicalisation and extremism 
• The Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 (referred to in this policy as the “2018 Childcare Disqualification Regulations”) and Childcare Act 2006, which set out who is disqualified from working with children

This policy also meets requirements relating to safeguarding and welfare in the statutory framework for the Early Years Foundation Stage.

3. Definitions

Safeguarding and promoting the welfare of children means: 

• Protecting children from maltreatment
• Preventing impairment of children’s health or development  
• Ensuring that children grow up in circumstances consistent with the provision of safe and effective care  
• Taking action to enable all children to have the best outcomes

Child protection is part of this definition and refers to activities undertaken to prevent children suffering, or being likely to suffer, significant harm.

Abuse is a form of maltreatment of a child, and may involve inflicting harm or failing to act to prevent harm. Appendix 1 explains the different types of abuse.

Neglect is a form of abuse and is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Appendix 1 defines neglect in more detail.

Sexting (also known as youth produced sexual imagery) is the sharing of sexual imagery (photos or videos) by children

Children include everyone under the age of 18.

The following 3 safeguarding partners are identified in Keeping Children Safe in Education (and defined in the Children Act 2004, as amended by chapter 2 of the Children and Social Work Act 2017). They will make arrangements to work together to safeguard and promote the welfare of local children, including identifying and responding to their needs: 

• The local authority (LA)
• A clinical commissioning group for an area within the LA
• The chief officer of police for a police area in the LA area

4. Equality statement

Some children have an increased risk of abuse, and additional barriers can exist for some children with respect to recognising or disclosing it. We are committed to anti-discriminatory practice and recognise children’s diverse circumstances. We ensure that all children have the same protection, regardless of any barriers they may face.

We give special consideration to children who:

• Have special educational needs (SEN) or disabilities (see section 9)
• May experience discrimination due to their race, ethnicity, religion, gender identification or sexuality
• Have English as an additional language
• Are known to be living in difficult situations – for example, temporary accommodation or where there are issues such as substance abuse or domestic violence
• Are at risk of FGM, sexual exploitation, forced marriage, or radicalisation
• Are asylum seekers
• Are at risk due to either their own or a family member’s mental health needs
• Are looked after or previously looked after

5. Roles and responsibilities

Safeguarding and child protection is everyone’s responsibility. This policy applies to all staff & volunteers in the Nursery and is consistent with the procedures of the 3 safeguarding partners. Our policy and procedures also apply to extended nursery and off-site activities.

5.1 All staff

All staff will read and understand part 1 and Annex A of the Department for Education’s statutory safeguarding guidance, Keeping Children Safe in Education, and review this guidance at least annually.

All staff will be aware of:

• Our systems which support safeguarding, including this child protection and safeguarding policy, the staff code of conduct, the role and identity of the designated safeguarding lead (DSL) and deputy, the behaviour policy, and the safeguarding response to children who go missing from education 
• The early help process (sometimes known as the common assessment framework) and their role in it, including identifying emerging problems, liaising with the DSL, and sharing information with other professionals to support early identification and assessment 
• The process for making referrals to local authority children’s social care and for statutory assessments that may follow a referral, including the role they might be expected to play
• What to do if they identify a safeguarding issue or a child tells them they are being abused or neglected, including specific issues such as FGM, and how to maintain an appropriate level of confidentiality while liaising with relevant professionals  
• The signs of different types of abuse and neglect, as well as specific safeguarding issues, such as child sexual exploitation (CSE), FGM and radicalisation Section 13 and appendix 4 of this policy outline in more detail how staff are supported to do this.

5.2 The designated safeguarding lead (DSL)

The DSL is a member of the senior leadership team. Our DSL is Gill Liu, Headteacher.

The DSL takes lead responsibility for child protection and wider safeguarding. During term time, the DSL will be available during Nursery hours for staff to discuss any safeguarding concerns.

When the DSL is absent, the deputy DSL, Maria Walker, Safeguarding co-ordinator will act as cover.

The DSL will be given the time, training, resources and support to: 

• Provide advice and support to other staff on child welfare and child protection matters
• Take part in strategy discussions and inter-agency meetings and/or support other staff to do so
• Contribute to the assessment of children
• Refer suspected cases, as appropriate, to the relevant body (local authority children’s social care, Channel programme, Disclosure and Barring Service, and/or police), and support staff who make such referrals directly

The DSL will also liaise with local authority case managers and designated officers for child protection concerns as appropriate.

The full responsibilities of the DSL and deputy DSL are part of the roles and responsibilities of the Head Teacher and Safeguarding co-ordinator.

5.3 The headteacher

The headteacher is responsible for the implementation of this policy, including:

• Ensuring that staff (including temporary staff) and volunteers are informed of our systems which support safeguarding, including this policy, as part of their induction  
• Communicating this policy to parents when their child joins the Nursery and via the Nursery website
• Ensuring that the DSL has appropriate time, training and resources, and that there is always adequate cover if the DSL is absent  
• Ensuring that all staff undertake appropriate safeguarding and child protection training and update this regularly  
• Acting as the ‘case manager’ in the event of an allegation of abuse made against another member of staff or volunteer, where appropriate (see appendix 3)
• Ensuring the relevant staffing ratios are met, where applicable  
• Making sure each child in the Early Years Foundation Stage is assigned a key person

6. Confidentiality

Timely information sharing is essential to effective safeguarding.

Fears about sharing information must not be allowed to stand in the way of the need to promote the welfare, and protect the safety, of children.

The Data Protection Act (DPA) 2018 and GDPR do not prevent, or limit, the sharing of information for the purposes of keeping children safe.

If staff need to share ‘special category personal data’, the DPA 2018 contains ‘safeguarding of children and individuals at risk’ as a processing condition that allows practitioners to share information without consent if it is not possible to gain consent, it cannot be reasonably expected that a practitioner gains consent, or if to gain consent would place a child at risk.

Staff should never promise a child that they will not tell anyone about a report of abuse, as this may not be in the child’s best interests.

The government’s information sharing advice for safeguarding practitioners includes 7 ‘golden rules’ for sharing information, and will support staff who have to make decisions about sharing information.

If staff are in any doubt about sharing information, they should speak to the designated safeguarding lead (or deputy).

Confidentiality is also addressed in this policy with respect to record-keeping in section 12, and allegations of abuse against staff in appendix 3

7. Recognising abuse and taking action

Staff and volunteers must follow the procedures set out below in the event of a safeguarding issue.

Please note – in this and subsequent sections, you should take any references to the DSL to mean “the DSL (or deputy DSL)”.

7.1 If a child is suffering or likely to suffer from harm, or in immediate danger Make a referral to children’s social care and/or the police immediately if you believe a child is suffering or likely to suffer from harm, or in immediate danger.

Anyone can make a referral.

Tell the DSL (see section 5.2) as soon as possible if you make a referral directly.

7.2 If a child makes a disclosure to you

If a child discloses a safeguarding issue to you, you should: 

• Listen to and believe them. Allow them time to talk freely and do not ask leading questions
• Stay calm and do not show that you are shocked or upset  
• Tell the child they have done the right thing in telling you. Do not tell them they should have told you sooner  
• Explain what will happen next and that you will have to pass this information on. Do not promise to keep it a secret  
• Write up your conversation as soon as possible in the child’s own words. Stick to the facts, and do not put your own judgement on it. Use the logging a concern form available in the office.  
• Sign and date the write-up and pass it on to the DSL. Alternatively, if appropriate, make a referral to children’s social care and/or the police directly (see 7.1), and tell the DSL as soon as possible that you have done so

7.3 If you discover that FGM has taken place or a pupil is at risk of FGM The Department for Education’s Keeping Children Safe in Education explains that FGM comprises “all procedures involving partial or total removal of the external female genitalia, or other injury to the female genital organs”.

FGM is illegal in the UK and a form of child abuse with long-lasting, harmful consequences. It is also known as ‘female genital cutting’, ‘circumcision’ or ‘initiation’.

Possible indicators that a pupil has already been subjected to FGM, and factors that suggest a pupil may be at risk, are set out in appendix 4.

Any practitioner who discovers (either through disclosure by the victim or visual evidence) that an act of FGM appears to have been carried out on a pupil under 18 must immediately report this to the police, personally.

This is a statutory duty, and practitioner will face disciplinary sanctions for failing to meet it. Unless they have good reason not to, they should also discuss the case with the DSL and involve children’s social care as appropriate.

Any other member of staff who discovers that an act of FGM appears to have been carried out on a pupil under 18 must speak to the DSL and follow our local safeguarding procedures.

The duty for practitioner mentioned above does not apply in cases where a pupil is at risk of FGM or FGM is suspected but is not known to have been carried out. Staff should not examine pupils.

Any member of staff who suspects a pupil is at risk of FGM or suspects that FGM has been carried out must speak to the DSL and follow our local safeguarding procedures.

7.4 If you have concerns about a child (as opposed to believing a child is suffering or likely to suffer from harm or in immediate danger)

Figure 1 on page 9/10 illustrates the procedure to follow if you have any concerns about a child’s welfare.

Where possible, speak to the DSL first to agree a course of action.

If in exceptional circumstances the DSL is not available, this should not delay appropriate action being taken. Speak to a member of the senior leadership team and/or take advice from local authority children’s social care. You can also seek advice at any time from the NSPCC helpline on 0808 800 5000.

Make a referral to local authority children’s social care directly; if appropriate (see ‘Referral’ below). Share any action taken with the DSL as soon as possible.

Early help

If early help is appropriate, the DSL will generally lead on liaising with other agencies and setting up an interagency assessment as appropriate. Staff may be required to support other agencies and professionals in an early help assessment, in some cases acting as the lead practitioner.

The DSL will keep the case under constant review and the nursery will consider a referral to local authority children’s social care if the situation does not seem to be improving.
Timelines of interventions will be monitored and reviewed.

Referral

If it is appropriate to refer the case to local authority children’s social care or the police, the DSL will make the referral or support you to do so.

If you make a referral directly (see section 7.1), you must tell the DSL as soon as possible.

The local authority will make a decision within 1 working day of a referral about what course of action to take and will let the person who made the referral know the outcome.
The DSL or person who made the referral must follow up with the local authority if this information is not made available, and ensure outcomes are properly recorded.

If the child’s situation does not seem to be improving after the referral, the DSL or person who made the referral must follow local escalation procedures to ensure their concerns have been addressed and that the child’s situation improves.

7.5 If you have concerns about extremism

If a child is not suffering or likely to suffer from harm, or in immediate danger, where possible speak to the DSL first to agree a course of action.

If in exceptional circumstances the DSL is not available, this should not delay appropriate action being taken. Speak to a member of the senior leadership team and/or seek advice from local authority children’s social care. Make a referral to local authority children’s social care directly, if appropriate (see ‘Referral’ above).

Where there is a concern, the DSL will consider the level of risk and decide which agency to make a referral to. This could include Channel, the government’s programme for identifying and supporting individuals at risk of being drawn into terrorism, or the local authority children’s social care team.

The Department for Education also has a dedicated telephone helpline,  020 7340 7264, which Nursery staff can call to raise concerns about extremism with respect to a pupil.
You can also email counter.extremism@education.gov.uk. Note that this is not for use in emergency situations.

In an emergency, call 999 or the confidential anti-terrorist hotline on 0800 789 321 if you:  

• Think someone is in immediate danger
• Think someone may be planning to travel to join an extremist group  
• See or hear something that may be terrorist-related

Figure 1: procedure if you have concerns about a child’s welfare (as opposed to believing a child is suffering or likely to suffer from harm, or in immediate danger)
(Note – if the DSL is unavailable, this should not delay action.
See section 7.4 for what to do.)

What to do if you feel a child is being abused?

1.    Practitioners has concerns about a child

2.    Report IMMEDIATELY Tell the DSL or deputy DSL safeguarding co-ordinator in DSL’s absence.

3.    Practitioner will fill out Whizz Kids child protection disclosure form

4.    If necessary complete the body chart sheet

Next steps to be taken:

• If you believe a child is at risk of immediate harm please CALL POLICE IMMEDIATELY on 999
• DSL discusses any changes in a child’s emotional, social, behavioural or physical state with the parents at an informal meeting. If concerns escalates, DSL will make a referral
• The child’s best interest must always come first at all stages
• If further advice needed ring consultation line (9.30-11.30 am Tuesday and Wednesday)
  Tel – 0208 359 4336
• Ring MASH (Multi Agency Safeguarding Hub )
  Tel: 0208 359 4066
  Opening hours 9am-5.15pm Mon-Thurs and 9am-5pm Fri
  Email: mash@barnet.gov.uk
• Out of hours ring emergency duty team (Social Services)
  - 0208 359 2000
• Contact Ofsted immediately on 0300 123 1231 to inform them of the action taken

7.6 Concerns about a staff member or volunteer

If you have concerns about a member of staff or volunteer, or an allegation is made about a member of staff or volunteer posing a risk of harm to children, speak to the headteacher.

The headteacher will then follow the procedures set out in appendix 3, if appropriate. Where appropriate, the Nursery will inform Ofsted of the allegation and actions taken, within the necessary timescale (see appendix 3 for more detail).

7.7 Allegations of abuse made against other pupils

We recognise that children are capable of abusing their peers. Abuse will never be tolerated or passed off as “banter”, “just having a laugh” or “part of growing up”.

We also recognise the gendered nature of peer-on-peer abuse (i.e. that it is more likely that girls will be victims and boys perpetrators). However, all peer-on-peer abuse is unacceptable and will be taken seriously.

Most cases of pupils hurting other pupils will be dealt with under our nursery’s behaviour policy, but this child protection and safeguarding policy will apply to any allegations that raise safeguarding concerns.

This might include where the alleged behaviour: 

• Is serious, and potentially a criminal offence
• Could put pupils in the school at risk
• Is violent
• Involves pupils being forced to use drugs or alcohol
• Involves sexual exploitation, sexual abuse or sexual harassment, such as indecent exposure, sexual assault, or sexually inappropriate pictures or videos (including sexting)

If a pupil makes an allegation of abuse against another pupil: 

• You must record the allegation and tell the DSL, but do not investigate it
• The DSL will contact the local authority children’s social care team and follow its advice, as well as the police if the allegation involves a potential criminal offence  
• The DSL will put a risk assessment and support plan into place for all children involved (including the victim(s), the child(ren) against whom the allegation has been made and any others affected) with a named person they can talk to if needed  
• The DSL will contact the children and adolescent mental health services (CAMHS), if appropriate

We will minimise the risk of peer-on-peer abuse by: 

• Challenging any form of derogatory or sexualised language or behaviour, including requesting or sending sexual images  
• Being vigilant to issues that particularly affect different genders – for example, sexualised or aggressive touching or grabbing towards female pupils, and initiation or hazing type violence with respect to boys  
• Ensuring our curriculum helps to educate pupils about appropriate behaviour and consent  
• Ensuring pupils know they can talk to staff confidentially
• Ensuring staff are trained to understand that a pupil harming a peer could be a sign that the child is being abused themselves, and that this would fall under the scope of this policy

7.8 Sexting

Your responsibilities when responding to an incident

If you are made aware of an incident involving sexting (also known as ‘youth produced sexual imagery’), you must report it to the DSL immediately.

You must not: 

• View, download or share the imagery yourself, or ask a pupil to share or download it. If you have already viewed the imagery by accident, you must report this to the DSL  
• Delete the imagery or ask the pupil to delete it  
• Ask the pupil(s) who are involved in the incident to disclose information regarding the imagery (this is the DSL’s responsibility)  
• Share information about the incident with other members of staff, the pupil(s) it involves or their, or other, parents and/or carers  
• Say or do anything to blame or shame any young people involved

You should explain that you need to report the incident, and reassure the pupil(s) that they will receive support and help from the DSL.

Initial review meeting

Following a report of an incident, the DSL will hold an initial review meeting with appropriate nursery staff. This meeting will consider the initial evidence and aim to determine: 

• Whether there is an immediate risk to pupil(s)  
• If a referral needs to be made to the police and/or children’s social care  
• If it is necessary to view the imagery in order to safeguard the young person (in most cases, imagery should not be viewed)  
• What further information is required to decide on the best response  
• Whether the imagery has been shared widely and via what services and/or platforms (this may be unknown)  
• Whether immediate action should be taken to delete or remove images from devices or online services  
• Any relevant facts about the pupils involved which would influence risk assessment
• If there is a need to contact another school, setting or individual
• Whether to contact parents or carers of the pupils involved (in most cases parents should be involved)

The DSL will make an immediate referral to police and/or children’s social care if: 

• The incident involves an adult
• There is reason to believe that a young person has been coerced, blackmailed or groomed, or if here are concerns about their capacity to consent (for example owing to special educational needs)  
• What the DSL knows about the imagery suggests the content depicts sexual acts which are unusual for the young person’s developmental stage, or are violent  
• The imagery involves sexual acts and any pupil in the imagery is under 13
• The DSL has reason to believe a pupil is at immediate risk of harm owing to the sharing of the imagery (for example, the young person is presenting as suicidal or self-harming)

If none of the above applies then the DSL, in consultation with the headteacher and other members of staff as appropriate, may decide to respond to the incident without involving the police or children’s social care.

Further review by the DSL
If at the initial review stage a decision has been made not to refer to police and/or children’s social care, the DSL will conduct a further review.

They will hold interviews with the pupils involved (if appropriate) to establish the facts and assess the risks.

If at any point in the process there is a concern that a pupil has been harmed or is at risk of harm, a referral will be made to children’s social care and/or the police immediately.

Informing parents
The DSL will inform parents at an early stage and keep them involved in the process, unless there is a good reason to believe that involving them would put the pupil at risk of harm.

Referring to the police
If it is necessary to refer an incident to the police, in an emergency the DSL will will call 999. If the concern is a none emergency situation the DSL will call 101 or contact the local police station in Colindale

Recording incidents
All sexting incidents and the decisions made in responding to them will be recorded. The record-keeping arrangements set out in section 12 of this policy also apply to recording incidents of sexting.

8. Notifying parents

Where appropriate, we will discuss any concerns about a child with the child’s parents. The DSL will normally do this in the event of a suspicion or disclosure.

Other staff will only talk to parents about any such concerns following consultation with the DSL.

If we believe that notifying the parents would increase the risk to the child, we will discuss this with the local authority children’s social care team before doing so.

In the case of allegations of abuse made against other children, we will normally notify the parents of all the children involved.

9. Pupils with special educational needs and disabilities

We recognise that pupils with special educational needs (SEN) and disabilities can face additional safeguarding challenges.

Additional barriers can exist when recognising abuse and neglect in this group, including: 

• Assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s disability without further exploration  
• Pupils being more prone to peer group isolation than other pupils
• The potential for pupils with SEN and disabilities being disproportionally impacted by behaviours such as bullying, without outwardly showing any signs  
• Communication barriers and difficulties in overcoming these barriers

10. Mobile phones and cameras

Staff are allowed to bring their personal phones to nursery for their own use, but will limit such use to noncontact time when pupils are not present.

• All mobile phones will be kept in a secure place throughout contact time with children.
• Mobile phone calls may only be taken at staff breaks or in staff members’ own time
• If you have a personal emergency or need to make a personal call from your mobile please use the office area
• Staff (will need to) ensure that manager has up to date contact information and that staff make their families aware of emergency work telephone numbers.  This is the responsibility of the individual staff member
• Staff will not take pictures or recordings of pupils on their personal phones or cameras.
• Photographs will only be taken using Nursery digital cameras. NEVER WITH CAMERA PHONES / MOBILE PHONES.                                   
• Parents and visitors are not permitted to use mobile phones in the Nursery.

We will follow the General Data Protection Regulation and Data Protection Act 2018 when taking and storing photos and recordings for use in the Nursery.

11. Complaints and concerns about school safeguarding policies

11.1 Complaints against staff

Complaints against staff that are likely to require a child protection investigation will be handled in accordance with our procedures for dealing with allegations of abuse made against staff (see appendix 3).

11.2 Other complaints

Our complaints policy explains our procedures for handling all complaints, including safeguarding related complaints, for example those related to pupils or premises.

A record is kept of all complaints and their outcome. This is available to Ofsted on request.

11.3 Whistle-blowing

Our whistle blowing policy explains our procedures for concerns regarding the way the Nursery safeguards pupils.

12. Record-keeping

We will hold records in line with our records retention schedule.

All safeguarding concerns, discussions, decisions made and the reasons for those decisions, must be recorded in writing.

If you are in any doubt about whether to record something, discuss it with the DSL. Non-confidential records will be easily accessible and available.

Confidential information and records will be held securely and only available to those who have a right or professional need to see them.

Safeguarding records relating to individual children will be retained for a reasonable period of time after they have left the school.

If a child for whom the Nursery has, or has had, safeguarding concerns moves to another nursery / school, the DSL will ensure that their child protection file is forwarded promptly and securely, and separately from the main pupil file.

In addition, if the concerns are significant or complex, and/or social services are involved, the Nursery DSL will speak to the DSL of the receiving nursery / school and provide information to enable them to have time to make any necessary preparations to ensure the safety of the child.

In addition: 

• Appendix 2 sets out our policy on record-keeping specifically with respect to recruitment and pre-employment checks 
• Appendix 3 sets out our policy on record-keeping with respect to allegations of abuse made against staff

13. Training

13.1 All staff

All staff members will undertake safeguarding and child protection training at induction, including on whistle blowing procedures, to ensure they understand the nursery’s safeguarding systems and their responsibilities, and can identify signs of possible abuse or neglect.

This training will be regularly updated and will be in line with advice from the 3 safeguarding partners.

All staff will have training on the government’s anti-radicalisation strategy, Prevent Duty, to enable them to identify children at risk of being drawn into terrorism and to challenge extremist ideas.

Staff will also receive regular safeguarding and child protection updates (for example, through emails and staff meetings) as required, but at least annually.

Volunteers will receive appropriate training, if applicable.

13.2 The DSL and deputy

The DSL and deputy safeguarding co-ordinator will undertake child protection and safeguarding training at least every 2 years.

In addition, they will update their knowledge and skills at regular intervals and at least annually (for example, through meeting other DSL’s or taking time to read and digest safeguarding developments).

They will also undertake Prevent Duty awareness training.

13.3 Recruitment – interview panels

At least one person conducting any interview for a post at the Nursery will have undertaken safer recruitment training.

This will cover, as a minimum, the contents of the Department for Education’s statutory guidance, Keeping Children Safe in Education, and will be in line with local safeguarding procedures. 

13.4 Staff who have contact with pupils and families

All staff who have contact with children and families will have supervisions which will provide them with support, coaching and training, promote the interests of children and allow for confidential discussions of sensitive issues.

14. Monitoring arrangements

This policy will be reviewed annually by Gill Liu, Headteacher.

15. Links with other policies

This policy links to the following policies and procedures: 

• Behaviour
• Complaints
• Health and safety
• Equality & Diversity
• First aid
• Confidentiality
• Teaching and Learning
• Whistle blowing

These appendices are based on the Department for Education’s statutory guidance, Keeping Children Safe in Education.

Appendix 1: types of abuse
Abuse, including neglect, and safeguarding issues are rarely standalone events that can be covered by one definition or label. In most cases, multiple issues will overlap.

Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.

Emotional abuse is the persistent emotional maltreatment of a child such as to cause severe and adverse effects on the child’s emotional development.

Some level of emotional abuse is involved in all types of maltreatment of a child, although it may occur alone.

Emotional abuse may involve: 

• Conveying to a child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person  
• Not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate
• Age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction  
• Seeing or hearing the ill-treatment of another  
• Serious bullying (including cyber bullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children

Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening.

The activities may involve: 

• Physical contact, including assault by penetration (for example rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing  
• Non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet)

Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.

Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse.

Once a child is born, neglect may involve a parent or carer failing to: 

• Provide adequate food, clothing and shelter (including exclusion from home or abandonment)
• Protect a child from physical and emotional harm or danger
• Ensure adequate supervision (including the use of inadequate care-givers)
• Ensure access to appropriate medical care or treatment

It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Appendix 2: safer recruitment and DBS checks – policy and procedures

We will record all information on the checks carried out in the Nursery.
Copies of these checks, where appropriate, will be held in individuals’ personnel files. We follow requirements and best practice in retaining copies of these checks, as set out below.

New staff

When appointing new staff, we will: 

• Verify their identity
• Obtain (via the applicant) an enhanced Disclosure and Barring Service (DBS) certificate
• Verify their mental and physical fitness to carry out their work responsibilities
• Verify their right to work in the UK. We will keep a copy of this verification for the duration of the member of staff’s employment and for 2 years afterwards  
• Verify their professional qualifications, as appropriate
• Ensure they are not subject to a prohibition order if they are employed to be a nursery assistant / teacher
• Carry out further additional checks, as appropriate, on candidates who have lived or worked outside of the UK, including (where relevant) any teacher sanctions or restrictions imposed by a European Economic Area professional regulating authority, and criminal records checks or their equivalent

We will ensure that appropriate checks are carried out to ensure that individuals are not disqualified under the 2018 Childcare Disqualification Regulations and Childcare Act 2006.
Where we take a decision that an individual falls outside of the scope of these regulations and we do not carry out such checks, we will retain a record of our assessment on the individual’s personnel file. This will include our evaluation of any risks and control measures put in place, and any advice sought.

We will ask for written information about previous employment history and check that information is not contradictory or incomplete.

We will seek references on all short-listed candidates, including internal candidates. References will be requested from candidate’s current head teacher or child care setting manager, if the candidate is coming from an educational establishment.

If the candidate has not been employed in direct work with children a reference will be sought from the last establishment that had children in it. If the candidate has not previously worked with children a personal reference as well as an employment reference will be taken to ensure suitability to work with children.

We will scrutinise these and resolve any concerns before confirming appointments. The references requested will ask specific questions about the suitability of the applicant to work with children

Existing staff

If we have concerns about an existing member of staff’s suitability to work with children, we will carry out all the relevant checks as if the individual was a new member of staff.

We will refer to the DBS anyone who has harmed, or poses a risk of harm, to a child or vulnerable adult where: 

• We believe the individual has engaged in relevant conduct; or
• The individual has received a caution or conviction for a relevant offence, or there is reason to believe the individual has committed a listed relevant offence, under the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009; or  
• The ‘harm test’ is satisfied in respect of the individual (i.e. they may harm a child or vulnerable adult or put them at risk of harm)

Volunteers/students 

We will: 

• Obtain written confirmation from the training provider that necessary checks have been carried out and that the trainee has been judged by the provider to be suitable to work with children
• Obtain an enhanced DBS check with barred list information for all volunteers  
• Ensure that appropriate checks are carried out to ensure that individuals are not disqualified under the 2018 Childcare Disqualification Regulations and Childcare Act 2006.
• Never leave an unchecked volunteer/student unsupervised

Appendix 3: allegations of abuse made against staff

This section of this policy applies to all cases in which it is alleged that a current member of staff or volunteer/student has: 

• Behaved in a way that has harmed a child, or may have harmed a child, or
• Possibly committed a criminal offence against or related to a child, or
• Behaved towards a child or children in a way that indicates he or she would pose a risk of harm to children

It applies regardless of whether the alleged abuse took place in the nursery. Allegations against a practitioner who is no longer teaching and historical allegations of abuse will be referred to the police. We will deal with any allegation of abuse against a member of staff or volunteer/student very quickly, in a fair and consistent way that provides effective child protection while also supporting the individual who is the subject of the allegation.

Our procedures for dealing with allegations will be applied with common sense and judgement.

Suspension
Suspension will not be the default position, and will only be considered in cases where there is reason to suspect that a child or other children is/are at risk of harm, or the case is so serious that it might be grounds for dismissal.

In such cases, we will only suspend an individual if we have considered all other options available and there is no reasonable alternative.

Based on an assessment of risk, we will consider alternatives such as:

• Redeployment within the nursery so that the individual does not have direct contact with the child or children concerned 
• Providing an assistant to be present when the individual has contact with children 
• Moving the child or children to classes where they will not come into contact with the individual, making it clear that this is not a punishment and parents have been consulted.

Definitions for outcomes of allegation investigations 

• Substantiated: there is sufficient evidence to prove the allegation
• Malicious: there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive  
• False: there is sufficient evidence to disprove the allegation
• Unsubstantiated: there is insufficient evidence to either prove or disprove the allegation (this does not imply guilt or innocence)  
• Unfounded: to reflect cases where there is no evidence or proper basis which supports the allegation being made

Procedure for dealing with allegations

In the event of an allegation that meets the criteria above, the headteacher will take the following steps: 

• Immediately discuss the allegation with the designated officer at the local authority. This is to consider the nature, content and context of the allegation and agree a course of action, including whether further enquiries are necessary to enable a decision on how to proceed, and whether it is necessary to involve the police and/or children’s social care services
• Inform the accused individual of the concerns or allegations and likely course of action as soon as possible after speaking to the designated officer (and the police or children’s social care services, where necessary). Where the police and/or children’s social care services are involved, the headteacher will only share such information with the individual as has been agreed with those agencies  
• Where appropriate (in the circumstances described above), carefully consider whether suspension of the individual from contact with children at the school is justified or whether alternative arrangements such as those outlined above can be put in place. Advice will be sought from the designated officer, police and/or children’s social care services, as appropriate  
• If immediate suspension is considered necessary, agree and record the rationale for this with the designated officer. The record will include information about the alternatives to suspension that have been considered, and why they were rejected. Written confirmation of the suspension will be provided to the individual facing the allegation or concern within 1 working day, and the individual will be given a named contact at the nursery and their contact details  
• If it is decided that no further action is to be taken in regard to the subject of the allegation or concern, record this decision and the justification for it and agree with the designated officer what information should be put in writing to the individual and by whom, as well as what action should follow both in respect of the individual and those who made the initial allegation
• If it is decided that further action is needed, take steps as agreed with the designated officer to initiate the appropriate action in the nursery and/or liaise with the police and/or children’s social care services as appropriate
• Provide effective support for the individual facing the allegation or concern, including appointing a named representative to keep them informed of the progress of the case and considering what other support is appropriate. Further information will be sought from trade unions or an appropriate officer in the local authority.  
• Inform the parents or carers of the child/children involved about the allegation as soon as possible if they do not already know (following agreement with children’s social care services and/or the police, if applicable). The case manager will also inform the parents or carers of the requirement to maintain confidentiality about any allegations made against the practitioner (where this applies) while investigations are ongoing. Any parent or carer who wishes to have the confidentiality restrictions removed in respect of a practitioner will be advised to seek legal advice  
• Keep the parents or carers of the child/children involved informed of the progress of the case and the outcome, where there is not a criminal prosecution, including the outcome of any disciplinary process (in confidence)  
• Make a referral to the DBS where it is thought that the individual facing the allegation or concern has engaged in conduct that harmed or is likely to harm a child, or if the individual otherwise poses a risk of harm to a child

We will inform Ofsted of any allegations of serious harm or abuse by any person living, working, or looking after children at the premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere), and any action taken in respect of the allegations. This notification will be made as soon as reasonably possible and always within 14 days of the allegations being made.

We will ask the police at the start of the investigation to obtain consent from the individuals involved to share their statements and evidence for use in the nursery’s disciplinary process, should this be required at a later point.

Timescales 

• Any cases where it is clear immediately that the allegation is unsubstantiated or malicious will be resolved within 1 week  
• If the nature of an allegation does not require formal disciplinary action, we will institute appropriate action within 3 working days  
• If a disciplinary hearing is required and can be held without further investigation, we will hold this within 15 working days

Specific actions

Action following a criminal investigation or prosecution

The DSL will discuss with the local authority’s designated officer whether any further action, including disciplinary action, is appropriate and, if so, how to proceed, taking into account information provided by the police and/or children’s social care services.

Conclusion of a case where the allegation is substantiated

If the allegation is substantiated and the individual is dismissed or the Nursery ceases to use their services, or the individual resigns or otherwise ceases to provide their services, the DSL and the deputy DSL will discuss whether to make a referral to the DBS for consideration of whether inclusion on the barred lists is required.

Individuals returning to work after suspension

If it is decided on the conclusion of a case that an individual who has been suspended can return to work, the case manager will consider how best to facilitate this. The DSL will also consider how best to manage the individual’s contact with the child or children who made the allegation, if they are still attending the nursery.

Unsubstantiated or malicious allegations

If an allegation is shown to be deliberately invented, or malicious, the headteacher, or other appropriate person in the case of an allegation against the headteacher, will consider whether any disciplinary action is appropriate against the pupil(s) who made it, or whether the police should be asked to consider whether action against those who made the allegation might be appropriate, even if they are not a pupil.

Confidentiality

The nursery will make every effort to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered.

The headteacher will take advice from the local authority’s designated officer, police and children’s social care services, as appropriate, to agree: 

• Who needs to know about the allegation and what information can be shared
• How to manage speculation, leaks and gossip, including how to make parents or carers of a child/children involved aware of their obligations with respect to confidentiality  
• What, if any, information can be reasonably given to the wider community to reduce speculation 

Record-keeping

The DSL will maintain clear records about any case where the allegation or concern meets the criteria above and store them on the individual’s confidential personnel file for the duration of the case.

Such records will include: 

• A clear and comprehensive summary of the allegation
• Details of how the allegation was followed up and resolved
• Notes of any action taken and decisions reached (and justification for these, as stated above)

If an allegation or concern is not found to have been malicious, the nursery will retain the records of the case on the individual’s confidential personnel file, and provide a copy to the individual.

Where records contain information about allegations of sexual abuse, we will preserve these for the Independent Inquiry into Child Sexual Abuse (IICSA), for the term of the inquiry.
We will retain all other records at least until the individual has reached normal pension age, or for 10 years from the date of the allegation if that is longer.
The records of any allegation that is found to be malicious will be deleted from the individual’s personnel file.

References

When providing employer references, we will not refer to any allegation that has been proven to be false, unsubstantiated or malicious or any history of allegations where all such allegations have been proven to be false, unsubstantiated or malicious.

Learning lessons

After any cases where the allegations are substantiated, we will review the circumstances of the case with the local authority’s designated officer to determine whether there are any improvements that we can make to the nursery’s procedures or practice to help prevent similar events in the future.

This will include consideration of (as applicable): 

• Issues arising from the decision to suspend the member of staff
• The duration of the suspension
• Whether or not the suspension was justified
• The use of suspension when the individual is subsequently reinstated. We will consider how future investigations of a similar nature could be carried out without suspending the individual

Appendix 4: specific safeguarding issues

Children missing from education

A child going missing from education, particularly repeatedly, can be a warning sign of a range of safeguarding issues. This might include abuse or neglect, such as sexual abuse or exploitation or child criminal exploitation, or issues such as mental health problems, substance abuse, radicalisation, FGM or forced marriage.

There are many circumstances where a child may become missing from education, but some children are particularly at risk.

These include children who: 

• Are at risk of harm or neglect
• Are at risk of forced marriage or FGM
• Come from Gypsy, Roma, or Traveller families
• Come from the families of service personnel
• Go missing or run away from home or care
• Are supervised by the youth justice system
• Cease to attend a school
• Come from new migrant families

We will follow our procedures for unauthorised absence and for dealing with children who go missing from education, particularly on repeat occasions, to help identify the risk of abuse and neglect, including sexual exploitation, and to help prevent the risks of going missing in future. This includes informing the local authority if a child leaves the nursery without a new nursery/school being named, and adhering to requirements with respect to sharing information with the local authority, when applicable, when removing a child’s name from the admission register at non-standard transition points.

Staff will be trained in signs to look out for and the individual triggers to be aware of when considering the risks of potential safeguarding concerns which may be related to being missing, such as travelling to conflict zones, FGM and forced marriage.

If a staff member suspects that a child is suffering from harm or neglect, we will follow local child protection procedures, including with respect to making reasonable enquiries. We will make an immediate referral to the local authority children’s social care team, and the police, if the child is suffering or likely to suffer from harm, or in immediate danger.

Child sexual exploitation

Child sexual exploitation (CSE) is a form of child sexual abuse that occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child into sexual activity in exchange for something the victim needs or wants, and/or for the financial advantage or increased status of the perpetrator or facilitator.

This can involve violent, humiliating and degrading sexual assaults, but does not always involve physical contact and can happen online. For example, young people may be persuaded or forced to share sexually explicit images of themselves, have sexual conversations by text, or take part in sexual activities using a webcam.

Children or young people who are being sexually exploited may not understand that they are being abused. They often trust their abuser and may be tricked into believing they are in a loving, consensual relationship.

If a member of staff suspects CSE, they will discuss this with the DSL. The DSL will trigger the local safeguarding procedures, including a referral to the local authority’s children’s social care team and the police, if appropriate.

Indicators of sexual exploitation can include a child:

• Appearing with unexplained gifts or new possessions
• Associating with other young people involved in exploitation
• Having older boyfriends or girlfriends
• Suffering from sexually transmitted infections or becoming pregnant
• Displaying inappropriate sexualised behaviour
• Suffering from changes in emotional wellbeing
• Misusing drugs and/or alcohol
• Going missing for periods of time, or regularly coming home late
• Regularly missing school or education, or not taking part in education

Homelessness

Being homeless or being at risk of becoming homeless presents a real risk to a child’s welfare. The DSL and deputy DSL will be aware of contact details and referral routes in to the local housing authority so they can raise/progress concerns at the earliest opportunity (where appropriate and in accordance with local procedures).

Where a child has been harmed or is at risk of harm, the DSL will also make a referral to children’s social care.

So-called ‘honour-based’ violence (including FGM and forced marriage)
So-called ‘honour-based’ violence (HBV) encompasses incidents or crimes committed to protect or defend the honour of the family and/or community, including FGM, forced marriage, and practices such as breast ironing.

Abuse committed in this context often involves a wider network of family or community pressure and can include multiple perpetrators.

All forms of HBV are abuse and will be handled and escalated as such. All staff will be alert to the possibility of a child being at risk of HBV or already having suffered it.
If staff has a concern, they will speak to the DSL, who will activate local safeguarding procedures.

FGM

The DSL will make sure that staff has access to appropriate training to equip them to be alert to children affected by FGM or at risk of FGM.

Section 7.3 of this policy sets out the procedures to be followed if a staff member discovers that an act of FGM appears to have been carried out or suspects that a pupil is at risk of FGM.

Indicators that FGM has already occurred include: 

• A pupil confiding in a professional that FGM has taken place
  A mother/family member disclosing that FGM has been carried out
  A family/pupil already being known to social services in relation to other safeguarding issues
• A girl:
• Having difficulty walking, sitting or standing, or looking uncomfortable
• Finding it hard to sit still for long periods of time (where this was not a problem previously)
• Spending longer than normal in the bathroom or toilet due to difficulties urinating
• Having frequent urinary, menstrual or stomach problems
• Avoiding physical exercise or missing PE
• Being repeatedly absent from school, or absent for a prolonged period
• Demonstrating increased emotional and psychological needs – for example, withdrawal or depression, or significant change in behaviour
• Being reluctant to undergo any medical examinations
• Asking for help, but not being explicit about the problem
• Talking about pain or discomfort between her legs

Potential signs that a pupil may be at risk of FGM include: