Safeguarding Policy (incorporating Young People and Vulnerable Adults): September 2023 - September 2024
PROCEDURE TITLE: Safeguarding Policy (incorporating Young People and Vulnerable Adults)
DOCUMENT NUMBER: 3.3
PROCEDURE GROUP: Equality and Diversity
AUTHOR / REVISOR / OWNER: Alfie Wilkinson/Carina Tomlinson
DATE OF CURRENT VERSION: September 2023
REVIEW DATE: September 2024
IMPACT ASSESSED: Yes
APPROVED BY: Board of Governors
DATE: 12/10/2023
SCOPE
East Durham College is committed to safeguarding and promoting the welfare of all learners. The governors and staff recognise that a safe environment combined with clear lines of communication/reporting and decisive action, ensures the best outcomes for all learners. The College expects all staff, supply/agency staff, governors, volunteers, sub-contractors, contractors, work placement providers, employers, partners, visitors, external hire clients and commercial lettings clients to endorse and practice this commitment at all times.
PURPOSE
To ensure all members of the College community:
- Are aware of their responsibilities in relation to safeguarding learners.
- Know the procedures that should be followed if they have a safeguarding cause for concern.
- Know how to access additional information regarding safeguarding.
- Are aware of the key indicators relating to child and adult abuse and/or neglect and wider safeguarding concerns.
- Support the College’s commitment to safeguarding, child and adult protection.
POLICY STATEMENT
Safeguarding children
In relation to learners under the age of 18 years old, and classed as a child in law, the College has a statutory duty, as set out in the Education Act 2002 and Children Act 2004, to promote and safeguard the welfare of children and have due regard to guidance issued by the Secretary of State at all times.
The College adopts the definition used in the statutory guidance for schools and colleges: Keeping Children Safe in Education 2023, which applies to all children and, defines safeguarding and promoting children’s welfare as:
- protecting children from maltreatment.
- preventing impairment of children’s mental and physical health or development.
- ensuring that children are growing up in circumstances consistent with the provision of safe and effective care, and;
- taking action to enable children to have the best outcomes.
Adults at Risk
In relation to learners 18 years and over, and classed as an adult in law, the College has a statutory safeguarding duty, as set out in the Care Act 2014, which must be seen in conjunction with Mental Capacity Act 2005 and the Human Rights Act 1998.
The adult safeguarding duties under the Care Act 2014 apply to an adult, aged 18 or over, who:
- has needs for care and support (whether or not the Local Authority is meeting any of those needs) and
- is experiencing, or at risk of abuse or neglect; and
- as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.
The Care Act statutory guidance defines safeguarding as “protecting an adult’s right to live in safety, free from abuse and neglect.” The above duties apply in relation to any person who is aged 18 or over and at risk of abuse or neglect because of their needs for care and support. Such concerns will be referred into Adult Social Care and the Police if appropriate.
Whilst these duties have to be met for a referral to Adult Social Care and/or the Police, College policy is to safeguard all learners.
Learners most at risk
Staff should be particularly alert to the potential safeguarding support for learners who;
- are disabled or have certain health conditions, has specific additional needs and/or special educational needs regardless of whether they have a statutory Education, Health and Care Plan;
- are a young carer;
- have a mental health need;
- are showing signs of being drawn into anti-social or criminal behaviour, including gang involvement and association with organised crime groups or county lines;
- are frequently going missing/goes missing from care or from home;
- are at risk of modern slavery, trafficking sexual or criminal exploitation;
- are at risk of being radicalised or exploited;
- are in a family circumstance presenting challenges for the leaner, such as substance misuse, adult mental health and domestic abuse;
- have a family member in prison, or is affected by parental/carer offending;
- are misusing substances themselves;
- have returned home to their family from care;
- are a privately fostered child;
- are at risk of honour-based abuse such as Female Genital Mutilation or Forced marriage;
- are persistently absent from education, including persistent absences for part of the College day.
Designated Staff
Designated Safeguarding Lead (DSL): Alfie Wilkinson, Campus Director, extension 0191 375 4768 / 0191 518 8285
Deputy Designated Safeguarding Lead (DDSL): Charlotte Flanagan Progression Coach Course Leader, extension 0191 518 5581
Deputy Designated Safeguarding Lead (DDSL): Michelle Forrest, Curriculum Manager Inclusive Learning, extension 0191 375 4768 / 0191 518 8258
Wider Safeguarding Team:
Jane Robinson (Safeguarding Officer)
Claire Daly (Inclusive Learning Manager)
Lindsay Haggis (Campus Director, Houghall)
Greg Corcoran (Director of Alternative Education)
Nicola Sanderson (Princes Trust Programme Area Leader)
Michelle Robinson (Progression Coach Programme Area Leader)
Carina Tomlinson (Vice Principal – Curriculum)
Kelly Billingham (Progression Coach)
Michael Curry is the Designated Governor for Safeguarding and Prevent.
Greg Corcoran has specific safeguarding responsibility for all 14-16 provision including Engage and Home Educated young people. This includes ensuring that Engage students are supervised by staff during breaks and lunch times and that there is a clear absconding policy in place to ensure prompt action is taken should a learner leave the site.
All Engage students have a risk assessment which is shared with relevant staff. Non-attendance is followed up promptly with parents. All Engage students wear an identifiable uniform whilst in College.
Responsibilities
The Corporation ensures that:
- There are effective safeguarding policies and procedures that are in line with the Durham Safeguarding Children’s Partnership (DSCP) and Adults Initial Response Team for adult procedures and that the policy is made available to students or parents on request.
- The College operates safe recruitment procedures and appropriate checks are carried out on staff and volunteers who work with children and young people and adults at risk.
- Procedures for dealing with allegations of abuse against members of staff or volunteers comply with the DSCP and Adults Initial Response Team inter agency procedures.
- There is a safeguarding team who take the lead responsibility for dealing with safeguarding issues.
- Designated Staff undertake relevant training every 2 years and support other staff.
- The Principal, Board of Governors and other staff who work with young people and adults at risk undertake appropriate safeguarding training at least every 3 years. Temporary staff and volunteers are made aware of the College’s arrangements and their responsibilities for safeguarding young people and adults at risk.
- It monitors the College’s compliance and undertakes an annual review of the Safeguarding Policy. It amends as soon as practicable any weaknesses in arrangements as these are brought to its attention.
- The Chair of the Corporation takes responsibility for liaising with the local authority and/or partner agencies in the event of an allegation of abuse being made against the Principal.
The Principal / College Leadership Group ensures that:
The policies and procedures adopted by the Corporation are implemented and followed by staff.
- Sufficient resources and time are allocated to the safeguarding team to discharge their responsibilities.
- All staff and volunteers feel able to raise concerns about poor or unsafe practice with regards to young people/adults at risk and such concerns are addressed sensitively and effectively.
- Cases are reported to the Local Authority Designated Officer (LADO) if a person ceases to work in education and there are grounds for believing that she/he may be unsuitable to work with young people/adults at risk or may have committed misconduct.
- Allegations made concerning the behaviour of the Designated Safeguarding Lead (DSL) are investigated and addressed in line with current policy.
- Ensure that no full-time learner under the age of 16 will be taught in class with peers post 19 years unless a teacher is present at all times.
- Ensures that there is a separate area for 14-16-year-old full-time learners which has controlled access, this area being solely for the use of their students. (Within this area students have their own toilet facilities and a breakout area. Learners who are taught outside the main Engage provision have access to staff at all times. They use accessible toilet facilities and staff remain outside in close proximity at this time).
- A system is in place that regularly and randomly checks that students and visitors wear the appropriate lanyard or other clear identifier.
- Staff understand that is it is a compulsory requirement that they wear staff lanyards or other clear identifier when teaching on and off campus.
Responsibilities of designated staff:
- Liaison with the local authority, other agencies and schools, including those with Key Stage 4 pupils attending College.
- Referral of cases of suspected abuse or allegations of abuse to the relevant investigating agencies, contributing to assessment /case conferences as appropriate.
- Acting as a source of support, and expertise within the College when deciding whether to make a referral and liaising with relevant agencies.
- Liaising with the College Senior Leadership Team to inform of any issues and ongoing investigations and ensure there is always cover for this role.
- Ensuring cases are reported to the Local Authority Designated Officer (LADO) if an allegation is raised against a staff member.
- Maintaining accurate, secure records of referrals or concerns including those classified as requiring Early Help.
- Periodic review of this policy.
- Forwarding relevant information when young people who are subject to a Child Protection Plan or Adults at risk who are subject to Multi Agency Risk Management Plan, move to another educational establishment.
- Undertaking relevant child protection and safeguarding training, including refresher training every 2 years, to ensure roles and responsibilities are carried out effectively.
- Ensuring staff who work with young people/adults at risk have information on the Safeguarding Policy and Procedures and they participate in appropriate induction and training.
Responsibilities for all staff and volunteers:
As noted in Keeping Children Safe in Education 2023, safeguarding and promoting the welfare of children is everyone's responsibility. Staff should at all times consider what is in the best interests of the child. All staff should: Provide a safe environment in which children can learn.
Staff must have an attitude of ‘it could happen here’ where safeguarding is concerned. Staff must remain vigilant to concerns rather than waiting for a disclosure, recognising that learners may not always make a direct disclosure and information may come from overhearing conversations or observing behaviour changes. Staff must act immediately on any concerns they have and always in the best interests of the learner. Staff must reassure learners that they are being taken seriously, will be supported and kept safe. Staff must never make a learner feel like they are creating a problem when reporting a concern.
Any concern or potential concern must be reported to the college safeguarding team via the online monitoring system, My Concern. Staff should provide as much detail as possible about the concern, clarifying the basic facts, any actions they have taken and any wider contextualized information such as vulnerabilities or known risks. The Safeguarding Team will consider if the concern needs to be passed on to Children or Adult Social Care for further action, following the procedures of these agencies respectively for making a referral.
College staff and volunteers must also:
- Be aware of and implement the College’s Policy on Safeguarding Young People and Adults at risk including Early Help process and their role in it.
- Provide a safe, secure and supportive environment for all College users.
- Listen to young people and adults at risk and respond in an appropriate way.
- Protect young people and adults at risk from abuse.
- Know the identity of Designated Staff including the Designated Safeguarding Lead (DSL) Alfie Wilkinson and The Deputy Designated Safeguarding Leads (DDSL) Charlotte Flanagan and Michelle Forrest and how to contact them.
- Know how to raise a safeguarding concern via the online monitoring system, My Concern (volunteers without access to My Concern should raise any concerns verbally with the DSL, DDSL, a member of the Safeguarding Team, their line manager or the Progression Coach from their curriculum area)
- If they work with young people or adults at risk, undertake child protection and safeguarding adults training which is appropriate to their role.
- Actively participate in the checking and challenging of students and visitors in relation to the wearing of identification lanyards
How to deal with a disclosure
If a child is in immediate danger or emergency medical treatment is needed staff must call 999 in the first instance, this would be followed up by a referral on MyConcern at an appropriate time.
Where there is an urgent need and it is felt that a learner should not leave college premises without speaking to a member of the Safeguarding Team, staff must make every effort to contact a member of the Safeguarding Team immediately. This would be followed up by a referral on MyConcern at an appropriate time.
If it is a general observation, it is important these are recorded to help build a picture, this should be recorded on My Concern.
If a learner makes a disclosure staff should consider the advice below:
DO:
- Stay calm and take allegations or suspicions of abuse seriously
- Be honest and respond with tact and sensitivity to anyone who confides in you. Explain who you need to pass the information on to and why (i.e. the appropriate person in college who will seek further advice and help.) The young person can accompany you if he/she wishes.
- Re-assure the person that it is right to speak to someone
- Allow the person to speak in their own way and time
- If possible, ascertain if whether there are any immediate issues of safety for the person making the disclosure or any children/adults at risk
- Discuss the need to refer to the appropriate person in College
- Make brief notes using the person’s own words, date and sign these if possible you should scan and upload the notes to the online system, MyConcern. Original copies of the referral notes should be handed to the DSL for secure storage, separately from the main student records
DON’T:
- Promise confidentiality, the people who need to know will be told.
- Make judgements
- Investigate the allegation or suspicion of abuse
- Ask leading questions or probe for details
- Interpret what has been said or make assumptions about the situation
- Contact parents/careers before seeking advice
Following up a Disclosure, Allegation or Suspicion of Abuse
- Contact a member of the Safeguarding Team as soon as practicable and as a matter of urgency. This may be done by asking at each campus reception for the name of the duty safeguarding team member.
- If the duty team member is not available, contact directly the DSL/DDSL. If none are, available seek advice from a member of the College Leadership Group.
- In the event of staff above not being available or where there is an immediate significant risk to a young person, anyone can make a referral to social care or the police. A referral should be made to First Contact (children’s social care) on 03000 267 979 and/or the police 101 You should notify a member of the Safeguarding Team above as soon as it is safe to do so.
- Provide written details. Include the time, context and location of the disclosure, the name, address, date of birth, telephone contact and College course, if known. Sign and date the notes.
- All written information and rough notes will be securely retained within the online safeguarding system, as well as the original handwritten notes retained by the Designated Officer, with access only available within the safeguarding team on a need to know basis. The record will be retained for as long as is reasonable necessary.
- If a pupil within the 14-16 Engage provision transfers to another institution, the college must share the relevant information with the next institution. .If the pupil is removed from the roll to be home educated, the school must copy the child protection file to the local authority
- The Safeguarding Team may seek advice from First Contact if necessary.
- Where there are serious concerns of ‘significant harm’ the Designated Staff will refer immediately to Social Care Direct – Children’s Initial Response Team.
- A referral form will be forwarded by the Designated Staff to Social Care Direct – Children’s Initial Response Team within 2 days.
- In an emergency where a child or adult at risk is in immediate danger or harm, or if urgent hospital treatment is needed staff should contact emergency services via 999 and then inform the DSL/DDSL or available safeguarding team member as soon as possible.
- Both the person making the disclosure and if required, the member of staff to whom the disclosure was made can access support from the College’s counsellor.
- In the event of an allegation of Child-on-Child Abuse or Sexual violence and harassment between peers there should be a risk assessment put in place for both the alleged victim and the alleged perpetrator (and any staff concerned if deemed necessary). This risk assessment will outline the control measures put in place by the College to protect both the alleged victim and the alleged perpetrator.
Types of Abuse and how to recognise them
The following explanations of types of possible signs of abuse are taken from Working Together to Safeguard Children (2018).
Lists of signs and symptoms cannot provide a definitive diagnosis of abuse and many children or young people or adults at risk at some time of their life may exhibit one or maybe more of them. However, such signs and symptoms may suggest abuse if a person exhibits either several of them, perhaps within a short space of time, or an extreme form of a particular symptom, or if a pattern of signs and symptoms emerges.
It is important that staff are aware of the signs and symptoms and, whilst they may be indicative of some other problem or issue, the possibility that the young person or adult at risk is being abused should not be discounted. Any concern about a young person or adult at risk who is showing signs of abuse or of being at risk of abuse should be followed up with the Designated Safeguarding Officer or a member of the Safeguarding team.
Physical Abuse
May involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.
Possible signs
- Fractures or any bruising on a baby
- Bruises and scratches to face and head
- Pinch bruises or bite bruises
- Bruising around both eyes simultaneously
- Torn fraenulum (skin linking upper jaw and lip)
- Finger tip bruising on front and back of chest (gripping)
- Finger or hand marks on any part of the body
- Ligature marks on either neck, arms or legs
- Cigarette burns
- Linear or shaped burns or bruises (e.g. iron/radiator)
- “non-cascade‟ scalds
- Head injury, may be no outward sign of injury
- Poisoning
- Bald patches
- Recurrent unexplained/untreated injuries or lingering illness
Possible behaviour
- Explanation inconsistent with injury
- Refusal to discuss injuries
- Fear of going home or parents being contacted
- Arms and legs kept covered in hot weather or fear of undressing
- Aggressive bullying behaviour
- Frozen watchfulness/cowering/flinching at sudden movements
- Withdrawal from physical contact
- Fear of medical help
- Admission of excessive punishment
- Running away
- Self-destructive tendencies
Emotional Abuse
Is the persistent emotional maltreatment of a child or adult at risk such as to cause severe and persistent adverse effects on their emotional development. It may involve conveying to children or adults at risk that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child or adult at risk opportunities to express their views, deliberately silencing them or “making fun” of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond the child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyber bullying) causing children or adults at risk frequently to feel frightened or in danger, or the exploitation or corruption of children or adults at risk. Some level of emotional abuse is involved in all types of maltreatment of a child or adult at risk, though it may occur alone.
Possible Signs
- Speech delay, poor verbal ability, lack of communication skills
- Bed wetting, soiling (without physical cause)
- Lack of concentration, learning problems
- Unreasonable fear of new situations
- Eating disorders (over eating and under eating)
- Inappropriate emotional responses to stressful situations
- Low self-esteem
- Self-mutilation
- Alcohol, drugs, solvent misuse
Possible Behaviour
- Over reaction to mistakes
- Obsessive behaviour (e.g. rocking, twisting hair, sucking thumb)
- Withdrawal from relationships with other children
- Fear of parents/carer being contacted
- Extremes of passivity or aggression
- Attention seeking
- Chronic running away
- Compulsive stealing, scavenging for food or clothes
- Impaired capacity to enjoy life
Neglect
Is the persistent failure to meet a child or adult at risk’s, basic physical and/or psychological needs, likely to result in a serious impairment of the child’s health or development or the health of an adult at risk. 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 or adult at risk from physical harm and external harm or danger
- Ensure adequate supervision (including the use of inadequate care-givers)
- Or ensure access to appropriate medical care or treatment.
- It may also include neglect or, unresponsiveness to a child or adult at risk’s basic emotional needs.
Possible Signs
- Unkempt appearance, poor personal hygiene
- Poor skin/hair condition
- Drop through height/weight centiles
- Small stature (where not a family characteristic)
- Constant tiredness
- Repeated accidents
- Untreated medical conditions
- Inappropriate clothing
- Constant hunger
- Frequent lateness, or non-attendance at school
- Accidental self-poisoning
Possible Behaviour
- Chronic running away
- Compulsive stealing
- Scavenging of food and clothes
- Low self-esteem
- Neurotic behaviour (e.g. rocking, thumb sucking, hair twisting)
- Inability to make social relationships
- Tendency to destroy things
Sexual Abuse
Involves forcing or enticing a child or adult at risk to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child or adult at risk 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. They may also include 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 r adult at risk 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.
Possible Signs
- Wetting and soiling themselves
- Sudden drop in College performance/poor concentration
- Obsessed with sexual matters as opposed to normal exploration
- Changes from being happy and active to being fearful and withdrawn
- Unexplained sources of money/gifts
- Urinary infections, bleeding or soreness in the genital/anal areas
- Vaginal discharge – vaginal warts
- Soreness and bleeding to the throat
- Chronic ailments e.g. stomach pains, headaches without obvious cause
- Eating disorders
- Becomes severely depressed
- Has a poor self image
- Uses drugs/alcohol to excess
- Not allowed to have friends around or to go out on dates
- Fearful of undressing for physical education
- Venereal infection
- Pregnancy
Possible Behaviour
- Overly compliant behaviour
- Behaves in a sexually inappropriate way in relation to their age
- Withdrawn and unhappy, insecure and ‘clingy’
- Plays out sexual acts in too knowledgeable a way for their age
- Regresses to behavioural pattern of much younger children
- Say of themselves that they are bad or wicked
- Arriving early at school/College and leaving late with few, if any, absences
- Excessive masturbation – exposing themselves
- Drawings of sexually explicit nature
- Attempts to sexually abuse another child
- Recurring nightmares and/or fear of the dark
- Had a ‘friend who has a problem’ and then tells about the abuse of ‘a friend’
- Self-mutilates/attempted suicide
- Running away
Child on Child abuse
Children can abuse other children. This is generally referred to as child-on-child abuse and can take many forms. This can include (but is not limited to) bullying (including cyberbullying); sexual violence and sexual harassment; physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm; sexting and initiating/hazing type violence and rituals.
Sexual violence and harassment
Sexual violence and sexual harassment can occur between two children of any age and sex. It can also occur through a group of children sexually assaulting or sexually harassing a single child or group of children. Children who are victims of sexual violence and sexual harassment will likely find the experience stressful and distressing. This will, in all likelihood, adversely affect their educational attainment. Sexual violence and sexual harassment exist on a continuum and may overlap, they can occur online and offline (both physical and verbal) and are never acceptable. It is important that all victims are taken seriously and offered appropriate support. Staff should be aware that some groups are potentially more at risk. Evidence shows girls, children with SEND and LGBT children are at greater risk. As set out in Part One of Keeping Children Safe in Education 2022, all staff are advised to maintain an attitude of sexual violence and sexual harassment could happen here.
Responding to reports of sexual violence and sexual harassment
How college staff respond to a report can encourage or undermine the confidence of future victims of sexual violence and sexual harassment to report or come forward. It is essential that all victims are reassured that they are being taken seriously, regardless of how long it has taken them to come forward and that they will be supported and kept safe.
A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. Nor should a victim ever be made to feel ashamed for making a report or their experience minimised.
All reports of sexual harassment must be reported in line with college safeguarding procedures informing the DSL and a written account being provided on to the college online safeguarding monitoring system, My Concern. The DSL and members of the Safeguarding Team will take a leading role using their professional judgement, supported by other agencies, such as children’s social care and the police as required.
Specific Issues and Further Information
Further information and specialist advice is available on areas such as forced marriage, female genital mutilation (FGM), those affected by drugs and alcohol abuse in families, fabricated illness, children abused through prostitution, complex (organised or multiple) abuse involving one or more abusers and a number of children.
Forced marriage
Forced marriage is a marriage conducted without the full consent of both parties where duress is a factor. This should not be confused with an “arranged marriage”. Forced marriage is regarded as a form of domestic abuse for adults, and where children are involved as a form of child abuse. Initial concerns should be reported to the Designated Staff who will liaise with appropriate agencies, Social Care Direct – Children’s Initial Response Team/Adults Initial Response Team or the Police. Contact should not be made with the young person’s family. For further information on forced marriages the Forced Marriage Unit can be contacted on 02070080151, Monday – Friday 9.00 am until 5.00 pm (outside these hours through the Foreign Office Response Centre on 02070081500), via email fmu@fco.gov.uk or www.fco.gov.uk/forcedmarriage
Female genital mutilation (FGM)
Female Genital Mutilation (FGM) is illegal in England and Wales under the FGM Act 2003. It is a form of child abuse and violence against women. As noted in Keeping Children Safe in Education 2023, whilst all staff should speak to the designated safeguarding lead (or a deputy) with regard to any concerns about female genital mutilation (FGM), there is a specific 13 legal duty on teachers. If a teacher, in the course of their work in the profession, discovers that an act of FGM appears to have been carried out on a girl under the age of 18, the teacher must report this to the police.
Mental Health
As noted in Keeping Children Safe in Education 2023, All staff should be aware that mental health problems can, in some cases, be an indicator that a child has suffered or is at risk of suffering abuse, neglect or exploitation. Any such observation or report of a child with poor mental health must be raised with the Designated Safeguarding Lead (DSL) who also acts as the college Mental Health Lead or the Deputy Designated Safeguarding Lead (DDSL). This can be done via the college online safeguarding monitoring system My Concern, or by making direct contact with the DSL/DDSL.
Self-Neglect
Self neglect covers a wide range of behaviour neglecting to care for one's personal hygiene, health or surroundings and includes behaviour such as hoarding.
Discriminatory Abuse
This form of abuse exists when values, beliefs or culture result in a misuse of power that denies opportunity to some groups or individuals. It can be a feature of any form of abuse of an adult, but can also be motivated because of age, gender, sexuality, disability, religion, class, culture, language, race or ethnic origin.
Discriminatory abuse can result from situations that exploit a person’s vulnerability by treating the person in a way that excludes them from opportunities they should have as equal citizens, for example, education, health, justice and access to services and protection.
Financial Abuse
Financial abuse covers a wide variety of activities, from mishandling finances to fraud, but may broadly be described as a violation of an individual's rights relating to their financial affairs or assets. Section 42(3) of the Care Act 2014 define ‘abuse’ as including financial abuse, which covers:
- having money or other property stolen
- being defrauded
- being put under pressure in relation to money or other property; and
- having money or other property misused
Modern Slavery
Modern slavery encompasses human trafficking and slavery, servitude and forced or compulsory labour. Exploitation can take many forms, including: sexual exploitation, forced labour, slavery, servitude, forced criminality and the removal of organs.
Organisational Abuse
Organisational or institutional abuse is the mistreatment of people typically in their workplace brought about by poor or inadequate care or support, or systematic poor practice that affects the whole care setting. It occurs when the individual's wishes and needs are sacrificed for the smooth running of a group, service or organisation.
Online safety
It is essential that learners are safeguarded from potentially harmful and inappropriate online material. Staff must recognise that learners can be both victims and perpetrators of online abuse.
Learners need to be safeguarded from the following areas of risks online;
- Content - inappropriate and harmful content.
- Contact – harmful online interactions.
- Conduct – online behaviour that causes or increases the likelihood of being subjected to harm.
- Commerce – including online gambling, phishing, financial scams.
Some online risks may lead to the learner being harmed and/or becoming involved in illegal activity including, but not limited to, radicalisation, cyberbullying, hate crime, non/consensual sharing of semi-nude and nude images and/or videos, revenge pornography, harassment, cybercrime, selling and distributing illegal drugs.
The college provides appropriate measures to protect learners from potential online safeguarding issues. Measures include:
- Induction and tutorial learning which trains learners to understand the potential dangers online alongside appropriate online behaviour; including regular and timely updates.
- Tutorial learning activity which ensures that learners understand how to report online safeguarding issues.
- Training for staff.
- Appropriate filters and monitoring of in-College internet access, including the identification of trends and potential issues.
Bullying and cyberbullying
Bullying is one of the most common forms of abuse. It would not be too unrealistic to conclude that most people have been a victim of bullying in some form at one time or another. Because of this it may be misperceived as ‘part of growing up’. For some young people/adults at risk, however, bullying can be taken to the extreme and can make their lives intolerable. Bullying is something that needs to be taken very seriously. There is sufficient evidence to show that the consequences of bullying can be devastating both to the victim and their family.
There are three main types of bullying:
- Physical, e.g. hitting, kicking or theft
- Verbal, e.g. racist or homophobic remarks
- Emotional, e.g. persistent negative feedback
All these will include:
- Deliberate hostility and aggression towards the victim
- A victim who is weaker and less powerful than the bully or bullies
- An outcome which is always painful and distressing for the victims
Bullying behaviour may include:
- Other forms of violence
- Sarcasm, spreading rumours, persistent teasing
- Torment, ridicule, humiliation
- Racial taunts, graffiti, gestures
- Unwanted physical contact or abusive, offensive comments of a sexual nature
Online/Cyber Bullying: Mobile phone/ Computer
Online/cyber bullying involves a number of behaviours including:
- Sending anonymous texts, making threats of violence
- Unwanted communicating through e mails/ social media/messaging services
- Name calling
- Giving out personal information that young people feel embarrassed about
- Sending frightening or obscene images with or without a threat.
It is important that all staff are aware of the Colleges Anti Bullying policy. It is important to note that not all bullying constitutes a Safeguarding or Child Protection matter, however continued bullying should be reported to a DSL.
Specific safeguarding issues
Expert and professional organisations are best placed to provide up-to-date guidance and practical support on specific safeguarding issues. For example, information for schools and colleges can be found on the NSPCC website. Schools and colleges can also access current government guidance on the issues listed below via the Gov.UK website:
- child sexual exploitation (CSE)
- bullying including cyberbullying
- domestic violence
- drugs
- fabricated or induced illness
- faith abuse
- female genital mutilation (FGM)
- forced marriage
- gangs and youth violence
- gender-based violence (including transgender)/violence against women and girls (VAWG)
- mental health
- private fostering
- preventing radicalisation
- sexting
- teenage relationship abuse
- trafficking
- transgender students
- children missing education
- child missing from home or care
- hate crime
- peer on peer abuse
- sexual violence and harassment
Guidance on the ‘Prevent’ Duty
The Prevent strategy, which colleges have a legal duty to follow since September 2015, seeks to stop people being drawn into or supporting terrorism. This duty is held in law under the Counter-Terrorism and Security Act 2015. In terms of Prevent, this part of the policy will cover all ages.
Objectives of the Prevent duty are to:
- Ideology – Respond to the ideological challenge of terrorism and the threat we face from those who promote and support it.
- Institutions – Increase the resilience of institutions to resist terrorists and extremists. Priority areas; education, health, criminal justice system, faith institutions, internet, charitable sector, youth justice system.
- Individuals – Stop people from being drawn into terrorism and protect those vulnerable individuals who are at risk of radicalisation, ensuring they are given appropriate advice and support.
If there are concerns that a student is becoming radicalised and involved in an organisation which could ultimately harm the student and the community, this needs to be reported to the Designated Safeguarding Officer who will refer them for support. Should the subject of the concern be an adult, the DSL will refer them for support and intervention with the Durham Constabulary Prevent Team by emailing specialbranch@durham.police.uk . Should the subject of the concern be a child, the DSL will call First Contact on 03000 267 979. Staff may also contact the relevant local team beyond County Durham by calling 101 and requesting the relevant local force.
Example indicators that an individual may be engaged with an extremist group, cause or ideology include:
- spending increasing time in the company of other suspected extremists.
- changing their style of dress or personal appearance to accord with the group.
- day-to-day behaviour becoming increasingly centred around an extremist ideology, group or cause.
- loss of interest in other friends and activities not associated with the extremist ideology, group or cause.
- possession of material or symbols associated with an extremist cause (e.g. the swastika for far right groups).
- attempts to recruit others to the group/cause/ ideology; or
- communications with others that suggest identification with a group/cause/ideology.
Example indicators that an individual may have an intention to cause harm, use violence other illegal means include:
- clearly identifying another group as threatening what they stand for and blaming that group for all social or political ills;
- using insulting or derogatory names or labels for another group;
- speaking about the imminence of harm from the other group and the importance of action now;
- expressing attitudes that justify offending on behalf of the group, cause or ideology;
- condoning or supporting violence or harm towards others; or
- plotting or conspiring with others.
Example indicators that an individual is capable of causing harm or contributing directly or indirectly to an act of terrorism include:
- having a history of violence;
- being criminally versatile and using criminal networks to support extremist goals;
- having occupational skills that can enable acts of terrorism (such as civil engineering, pharmacology or construction); or
- having technical expertise that can be deployed (e.g. IT skills, knowledge of chemicals, military training or survival skills).
The examples above are not exhaustive and vulnerability may manifest itself in other ways. There is no single route to terrorism nor is there a simple profile of those who become involved. For this reason, any attempt to derive a ‘profile’ can be misleading. It must not be assumed that these characteristics and experiences will necessarily lead to individuals becoming terrorists, or that these indicators are the only source of information required to make an appropriate assessment about vulnerability. Outward expression of faith, in the absence of any other indicator of vulnerability, is not a reason to make a referral.
Learners/potential learners who may pose safeguarding risks
Where it is judged by the college that a potential student who has made an application of study may pose safeguarding risks, the college can request that the application is declined. In such an instance, the case will be forwarded to the DSL for consideration and determination. As circumstances allow, the potential student, parents and external professionals will be consulted. The potential student does not need to have a criminal conviction for an application to be declined.
If, during the course of their study, information arises which indicates a learner may pose safeguarding risks, the college can impose a risk assessment, additional safety measures or a non-disciplinary suspension. As circumstances allow, the student, parents and external professionals will be consulted.
The use of ‘reasonable force
Keeping Children Safe in Education 2023 states that there are circumstances when it is appropriate for staff to use reasonable force to safeguard students. The term ‘reasonable force’ covers the broad range of actions used by staff that involve a degree of physical contact to control or restrain. This can range from guiding a student to safety by the arm, to more extreme circumstances such as breaking up a fight or where a young person needs to be restrained to prevent violence or injury. ‘Reasonable’ in these circumstances means ‘using no more force than is needed’. The use of force may involve either passive physical contact, such as standing between pupils or blocking a pupil’s path, or active physical contact such as leading a pupil by the arm out of the classroom.
Protocols and Code of Conduct for Staff, agency staff and Volunteers
The duty to safeguard and promote the welfare of the students in our charge rests with all members of staff, and implicit in it is the assumption that the conduct of college staff towards our students must be above reproach.
This Code of Conduct is not intended to detract from the enriching experiences young people/adults at risk gain from positive interaction with staff. Rather it is intended to assist staff in respect of the complex issue of child abuse and sexual harassment, by drawing attention to the areas of risk for staff and by offering guidance on prudent conduct.
Private or one-to-one meetings with learners
Staff should be mindful and should take the necessary precautions to protect themselves against any potential allegations, as it is recognised that there will be some situations where it is appropriate and necessary for a confidential interview to take place. This should be discussed with the employee's line manager if there is any doubt as to whether the meeting is appropriate. Staff should consider the following guidelines:
- Conduct the interview in a room with visual access, or with the door open.
- Ensure that another member of staff knows their whereabouts and that the interview is taking place.
- Avoid the use of 'engaged' or 'meeting in progress' signs.
- If possible, allow another learner, or a member of staff to be present in the interview, or at least nearby when the interview is taking place.
Physical contact with learners
Staff are advised to avoid all unnecessary physical contact with learners, except for in exceptional or emergency situations which may include:
- Administering first aid – all staff should ensure wherever possible that another member of staff or another learner is present, however, staff should not hesitate to provide first aid in an emergency situation simply because another person is not present. An element of application of professional judgement must be permitted.
- It is appreciated that there are some members of staff for whom personal care of learners of the same gender forms part of their job role - these members of staff should follow appropriate guidelines for administration of personal care and will always work with a member of the same gender.
- Please note that physical punishment is illegal and is unacceptable in all situations. Staff should also avoid any physical contact, however minor, if there is a likelihood of misinterpretation by the learner or any other person who may observe the situation. However, and in accordance with Keeping Children Safe in Education 2023 each member of staff has a legal right to use ‘reasonable force’ to defend or protect themselves and others. Further guidance can be found at Use of reasonable force in schools - GOV.UK (www.gov.uk)
- Following an incident where a member of staff feels that their actions may have been misconstrued, the incident should be reported immediately to their line manager and a written statement may be required.
College visits and other activities (including residential)
Staff should be particularly mindful of their behaviours when attending any residential visits or activities and should maintain professional standards of conduct at all times.
- Staff should never enter the accommodation or changing rooms of the opposite gender.
- Staff should take extra care in less formal situations and remember that they are still in a position of trust and have a duty of care to safeguard children.
- Should a safeguarding incident occur whilst on a college trip or visit, staff are expected to take a child-centred approach and to take appropriate action in safeguarding all learners. If necessary, staff will be expected to report the concern to the relevant emergency services and must have consideration for the fact that inaction could put a child in serious risk. In all cases a report to the DSL must be made in a prompt and timely manner.
- Staff must never carry students in any vehicle on a one-to-one basis. If, in exceptional circumstances, this is unavoidable, the learner MUST be seated separately to the driver, preferably at the rear of the minibus or in the backseat of a personal vehicle. The learner must sit where they can be viewed by the staff member. Staff members must notify their line manager prior to carrying learners on a one-to-one basis.
Confidentiality
- Staff should never give out their own personal details or a learner's personal details to other learners.
- Staff should always log off or lock their computer whenever leaving it unattended.
- Staff should only use learner's College e-mail addresses and not their personal email address to converse.
- Staff should work within the scope of the College Data Protection Policy and Information Security Policy.
Relationships and boundaries
Staff should ensure that their relationships with learners are appropriate to the age and gender of the learner, taking care that their conduct does not give rise to comment or speculation. Attitudes, demeanour and conduct require care and thought when interacting with learners. There will inevitably be a development of a professional working relationship with learners and members of staff when they are working together on a daily basis so it is very important to define and adhere to certain boundaries to ensure that the professional relationship is maintained.
Some learners may be unsure of the boundaries and there will be differing levels of development and understanding of relationships amongst groups of learners. There may also be situations where learners develop a trust in a member of staff and may be more inclined to confide in them, particularly if support is lacking outside of college.
The responsibility lies with the member of staff to lay down the boundaries so that there is no room, for ambiguity or misinterpretation. Overstepping such boundaries can leave employees open to allegations against them, which may be detrimental to their careers, or to misinterpretation of the professional relationship by the learner involved.
Comments that could be construed to have an unnecessary sexual connotation should be avoided, as should any inappropriate comments that have the potential to be misconstrued. Staff should also understand that the systematic use of insensitive, disparaging or sarcastic comments such as those that refer to a learner's body, intelligence or ability, gender, sexual orientation, ethnicity, or any other protected characteristic are unacceptable. Learners should be provided with enthusiastic and constructive feedback rather than negative criticism.
It is good professional practice to share best practice with colleagues and to seek advice and clarification from more experience’s managers or colleagues.
Professional Conduct
There are certain situations that will never be appropriate when working with learners which are as follows:
- Any illegal activity with a learner.
- Drinking alcohol with a learner.
- Becoming involved in a personal or sexual relationship with a learner, or any communication that could be interpreted as sexually provocative - if such conduct is proven, this will always be treated extremely seriously.
- Providing a home address, personal telephone number or mobile number, private email address or details of a personal social networking account to a learner.
- Allowing a learner into the employee's home.
- Arranging to meet a learner outside of work hours or on non-college business.
- Talking about a learner in a public space where the conversation can be overheard.
- Talking about a learner's private business in front of other students.
- Talking about other staff or issues with work in front of learners.
- Making sexual remarks about a learner or discussing your own personal sexual relationship.
- Giving out any information to an external caller over the telephone about learners, without their consent, unless checks have been made to verify that the caller is a recognised education, health, police or social services professional and the information shared is done so to protect the child or protect other children.
- Sending email or other communication externally, containing a student's name without their consent.
- Storing learner data in an unsecure filing system or disposing or learners’ data in an unsecured manner.
- Engaging in any physical contact unless for the purpose of professional assistance such as with a designated learner’s self-care and where this is a specific duty required of the job role.
- Allowing learner access to social networking sites, either as friends or by failing to maintain adequate privacy settings.
- Giving a learner a lift home or going into a learner’s home.
- Accepting money or gifts from a learner – please consult the College Gifts and Hospitality Policy.
- Lending money to learners - staff should contact Student Services for information regarding emergency funds.
- Leaving learners unattended in a learning situation, except in exceptional or emergency circumstances - if staff need to leave a classroom due to personal illness or emergency, they should attempt to ensure that there is another member of staff available to temporarily cover the class, or that another member of staff nearby is aware of the situation.
Social Networking and use of devices
- Staff should consult the Electronic Communications Policy for further guidance regarding the appropriate use of social media, however the following is provided as guidance within the context of appropriate conduct and required standards of behaviour.
- It is strongly recommended that members of staff do not make contact with learners via their own personal e-mail or social networking accounts and that they do not accept friend requests or personal messages on their own accounts. The College accept that social media is a very important and effective resource for teaching and learning and do not wish to dissuade members of staff from using such resources in an appropriate and constructive manner.
- The College position would therefore suggest that contact with learners should be limited to such pages and/or profiles that are for official College or department usage and staff should refrain from using their personal accounts for communication with learners. It is recommended that any members of staff who receive inappropriate messages or postings from a learner or another member of staff should report the matter to their line manager in the first instance. Members of staff should also report any situation where they may feel compromised in their professional standing.
- The College also recommend that due consideration is given to any posts or remarks that are made on social networking sites, especially in regard to their employment. Staff should be mindful that that remarks and comments made on social networking sites may be viewed and misinterpreted by other users and should take care to ensure that they do not post material that could be interpreted as offensive, negative or derogatory, or which could adversely affect the reputation of the organisation.
- Members of staff should also ensure that they have adequate privacy settings in place on their accounts and should review this periodically.
- Staff should never keep images of learners on personal equipment.
- Staff should only use College devices when contacting learners and not their personal mobile numbers.
Recruitment & Selection
The College has an established recruitment and selection procedure and Human Resources Management processes that, follow the guidance set out in ‘Keeping Children Safe in Education 2023’, and seek to identify individuals who are unsuitable to work with children. The College will undertake appropriate recruitment and vetting checks on individuals who are being considered for employment or volunteering working with children and young people/adults at risk. The procedure and process ensure compliance with guidance issued from the Department for Education, UK employment legislation, and appropriate professional bodies (e.g. Chartered Institute of Personnel Development).
Supporting Documents & Records
- The Children Act 1989
- The Education Act 2002
- The Children Act 2004
- Durham Safeguarding Children Partnership (DSCP) Child Protection Procedures (durham-scp.org.uk)
- The Human Rights Act 1998
- Equality Act 2010
- Mental Capacity Act 2005
- “Safeguarding Adults‟ – National Framework of Standards, Association of Directors of Social Services 2005
- Safeguarding Vulnerable Groups Act 2006
- Safeguarding Adults – County Durham Inter-Agency Policy Statement of Commitment, 2007
- Keeping children safe in education – 2023
- Working Together to Safeguard Children – 2018
- Sexual Offence Act 2003 (position of trust offence)
- Counter Terrorism and Security Act 2015
- FGM Act 2003 (further Serious Crime Act 2105)
- Care Act 2014 – sets out a clear legal framework on how local authorities and other organisations should protect adults at risk of abuse of neglect
- The Data Protection Act 2018
- The Children and Families Act 2014
- The Prevent statutory duty guidance 2023
Document Control
This document is issued and controlled by Quality & Standards and may only be modified by the designated group after proposed modifications have been accepted by the College Management Group. The latest version of the policy will be maintained on the College Extranet.