SAFEGUARDING CHILDREN AND VULNERABLE ADULTS POLICY 1.

What is safeguarding?

1.1. Safeguarding is defined by the Children Act 1989 and Joint Chief Inspectors Report on Arrangements to Safeguard Children (2002) as meaning that: ‘Agencies [and organisations] working with children and young people take all reasonable measures to ensure that the risks of harm to the individual’s welfare are minimised; and where there are concerns about children and young people’s welfare, all agencies [and organisations] take all appropriate actions to address those concerns, working to agreed local policies and procedures, working in partnership with other local agencies’. 2.

Who are we safeguarding?

2.1

Safeguarding practices are applied to children, young people under the age of eighteen and vulnerable adults.

2.2

Throughout various pieces of legislation and guidance, the terms children and young people are sometimes differentiated, where ‘children’ refers to those under the age of eighteen who are still in full-time education, and ‘young people’ refers to those under the age of eighteen who have left full-time education. For the purposes of clarity, throughout this policy and related procedures documents, City Lit uses the term ‘child’.

2.3

The Protection of Freedoms Act 2012 amends the definition of a ‘vulnerable adult’ in the Safeguarding Vulnerable Adults Act, 2006 and, as a result, City Lit does not work with vulnerable adults.

2.4

In the event of an individual who is considered to be ‘vulnerable’ for other reasons and there being concerns of abuse, then we will follow our safeguarding procedures nonetheless (see also 8.5).

3.

Why is safeguarding necessary at City Lit?

3.1. Primary and secondary schools and further education colleges have a statutory duty to safeguard and protect children in their care. Section 175 of the Education Act 2000 came into force in 2004. The Act reinforces the Children Act of 1989 and places a statutory duty on governing bodies to promote the welfare and safety of children. 3.2. The Safeguarding Vulnerable Groups Act 2006 and the Further Education (Providers of Education) (England) Regulations 2006 are stated as applying to all further education institutions as defined in section 140(3) of the Education Act 2002. This is understood to include City Lit as the Act defines a further education institution as an institution which ‘provides further education and is maintained by a local authority, or is within the further education sector’. As City Lit is designated as a Specialist Designated Institution under the Further and Higher Education Reform Act 1992 it is deemed to be in the further education sector. 3.3. At City Lit children under 16 years old are normally anticipated to be our responsibility in off-site crèches; however in many of these crèches a parent or guardian is present as a student in the room 1 Safeguarding Children and Vulnerable Adults Policy, 2012 Agreed by Governors 27/11/12

3.4. Exceptionally some 16 and 17 year olds are enrolled onto courses and their admittance is risk assessed by the relevant Head of Programme and Deputy Principal. Checks on staff and students are not required when these under-18s attend as under the Protection of Freedoms Act 2012 the teaching of children is not a regulated activity if it does not take place in a place specified as exclusively or mainly for the provision of full-time education to children.

3.5. Certain staff undertake work in schools and further education colleges on a regular basis as part of contracts and partnerships. Where access to the same school or college is more frequent than ‘occasional’ or ‘temporary’ it will fall within the scope of regulated activity. 4.

Our commitment

4.1

We are committed to providing a safe and secure environment for all students, staff and individual visitors who access our facilities and services.

4.2

We recognise our particular responsibility to safeguard the wellbeing of any children and vulnerable adults engaged in the breadth of our activities by ensuring that there are appropriate arrangements in place to enable us to discharge our duty to provide a safe and secure environment and to deal with issues concerned with suspected or reported abuse.

4.3

We seek to ensure that our policy and procedures comply with statutory duties; reflect guidance and good practice in safeguarding; and that arrangements are proportionate and based upon common sense.

4.4

We recognise that we have a duty to help staff and students recognise their responsibilities (through guidance, support and training), minimise risk and avoid situations (where possible) where abuse or neglect might be alleged. It is not intended that staff should be restricted from normal ways or working, but staff are advised to consider how an action may be misperceived.

5.

Safeguarding structure and responsibilities

5.1

We have an organisational structure and procedures for safeguarding children and vulnerable adults with key staff having designated safeguarding responsibilities (as set out in the safeguarding procedures specific to each group).

5.2

The Deputy Principal is our designated Lead Safeguarding Officer, who has overall accountability for safeguarding children and vulnerable adults. His deputy is the Director of Human Resources and Organisation Development.

5.3

In those areas where staff and students work with children as part of their roles (Family Education and Deaf & Disabled Support Service,), a manager has responsibility for leading safeguarding in their area of work. This person will be the focal point for all safeguarding issues within that area. This nominated manager is identified in the relevant departmental safeguarding procedure. Additionally Progress, due to the nature of its students, will maintain a structure that reflects this.

5.4

The Head of Learning Resources and E-Learning Development is the nominated manager for e-safety. 2 Safeguarding Children and Vulnerable Adults Policy, 2012 Agreed by Governors 27/11/12

5.5

Staff and students working in direct contact with children and vulnerable adults on a day-to-day basis may come across signs of harm and/or abuse. Staff must ensure that significant concerns for the wellbeing of a child or vulnerable adult are reported to the appropriate nominated manager. This will invoke the appropriate procedures to protect the child or vulnerable adult, involving social services and/or the police as appropriate. Where staff members are unsure and need guidance about safeguarding issues, they are encouraged to seek support from their nominated manager.

5.6

Where an allegation of abuse or inappropriate behaviour is made against a member of staff and relates to their actions as an employee of City Lit, in addition to actions set out above, Human Resources will advise and guide the line manager of the member of staff against whom allegations have been made in relation to employment issues.

5.7

Where an allegation of abuse or inappropriate behaviour is made against a student and relates to their actions as a member of City Lit, in addition to actions set out above, the Deputy Principal will advise on the disciplinary procedure.

6.

‘Control Measures’/Procedures Students

6.1

We take a risk management approach to safeguarding, in organising learning and teaching, and delivery of services to students and the public. Where necessary faculties and service areas carry out risk assessments, and make reasonable, proportionate adaptations to their activities.

6.2

We reserve the right to refuse to admit a vulnerable adult to a programme of study, or other college-managed activities, if we judge that the adaptations necessary to safeguard that individual’s wellbeing go beyond what is reasonable and proportionate, including measures to manage inappropriate or disruptive behaviour.

6.3

Where adaptations are reasonable and proportionate, we then put in place a number of ‘control measures’ (in the language of health and safety) in order to safeguard the wellbeing of children and vulnerable adults.

6.4

Where students work or volunteer on specified activities or in specified settings they will be subject to the relevant checks as outlined in the relevant departmental procedures. Other Groups

6.5

Where children of students, staff members or visitors are present on our premises, they remain the responsibility of their parent/guardian.

6.6

Safeguarding the wellbeing of any children visiting City Lit without their parent/guardian is the responsibility of the organiser of the activities in which the child is participating.

7.

Staff and Volunteer Controls

7.1

Scope:  City Lit will carry out criminal records Disclosure checks for certain categories of worker, where this is allowed by the Police Act 1997 and the Protection of 3 Safeguarding Children and Vulnerable Adults Policy, 2012 Agreed by Governors 27/11/12



Freedoms Act 2012. Under the Further Education (Providers) (England) Regulations 2006 the identity, qualifications and eligibility to work with children of all teaching staff must be validated.

7.2

Disclosure checks:  Disclosure checks will be obtained where staff work with children in a specified setting. The current requirements are detailed in appendix 2. These requirements will be reviewed annually and updated where necessary.  Disclosure checks will be obtained for new starters prior to the commencement of any work where a Disclosure check is required.  Where a Disclosure check has not yet been received a department may allow supervised access or accept a portability check following a risk assessment.  City Lit will adhere to all relevant regulations and codes of practice as issued by the CRB.  All information regarding Disclosure certificates will be processed by Human Resources and will not be passed to third parties.  Human Resources will confirm to the relevant programme / service manager whether a satisfactory disclosure has been obtained. This information will be recorded securely on the central Human Resources database and any certificate then destroyed by onsite shredding. If items appear on the Disclosure that give cause for concern, Human Resources will discuss these with the relevant line manager. Human Resources will then discuss with the applicant if any conditions are to be applied or the offer withdrawn.

7.3

Checks on teachers:  Before commencing employment all teaching staff must be checked against the Children’s List (formerly List 99).  Before commencing employment the identity and teacher training qualifications of all teaching staff must be verified.

7.4

Checks on childcare staff:  Before commencing employment all childcare staff must be checked against the Children’s List (formerly List 99).  Before commencing employment the identity and childcare qualifications of all childcare staff must be verified.

7.5

Employing persons with criminal records:  The possession of a criminal record is not a bar to employment at City Lit. If an offer of employment has been made that is dependent on the obtaining of a Disclosure by the successful applicant the offer will only be withdrawn if the disclosed information is relevant to the duties of or the selection criteria for that post. If appropriate consideration will be given to modifying the offer of employment rather than withdrawing it.  Where a post is exempt from the Rehabilitation of Offenders Act, 1974. (where it involves working with children, the elderly or the sick) this will be identified in the job description.  If employment is not dependent on a Disclosure and the applicant declares convictions the offer will only be withdrawn if the conviction(s) is relevant to the duties of or the selection criteria for that post.

4 Safeguarding Children and Vulnerable Adults Policy, 2012 Agreed by Governors 27/11/12

8.

Procedures to be invoked when harm/abuse is suspected

8.1. All members of staff coming into contact with children and/or vulnerable adults need to be alert to the possibilities of abuse, whether internal or external to City Lit. Any concerns must be reported to their line manager or the Deputy Principal who will decide what further action to take. 8.2. If staff have a safeguarding issue brought to their attention in the course of their work it must be treated as a priority over all work. 8.3. It is the duty of staff to inform only, not to investigate – this is the role of the police and social services. 8.4. Specific, detailed procedures for raising concerns pertaining to children and vulnerable adults are contained in the respective safeguarding procedures for each group (see appendix1). 8.5. Where an individual is considered to be vulnerable and at risk and within in a department without a specific procedure listed in this policy, the procedure is to report concerns to the Deputy Principal as described in 8.1 – 8.3. 9.

Harm and abuse

9.1

Harm and abuse fall into five broad categories but staff must report any concerns, however minor they may seem, concerning:     

Physical abuse. Neglect. Sexual abuse. Emotional abuse. Financial abuse.

5 Safeguarding Children and Vulnerable Adults Policy, 2012 Agreed by Governors 27/11/12

Appendix 1: Related policies and procedures Family Learning Safeguarding Procedure Vulnerable Adults Risk Assessment for Progress Students Deaf Education Safeguarding Procedure E-safety Guidance

6 Safeguarding Children and Vulnerable Adults Policy, 2012 Agreed by Governors 27/11/12

Work area Community Outreach

Deaf Education Any teaching area

Any area

Worker type Teachers working in schools

Employment status Employee

Parent & Under 5 workers

Employee

Volunteers in family Education classes Teachers working in FE colleges Teachers

Volunteer

Manger of a person carrying out specified activities or working in specified settings

Employee

Work designation Regulated Specified setting Regulated Specified setting Regulated Specified Setting

Employee Employee

Disclosure check required Enhanced Enhanced Enhanced Enhanced

None Teaching of children is merely incidental to teaching of persons who are not children Regulated Regular management of a person carrying out a regulated activity

None

Enhanced

7 Safeguarding Children and Vulnerable Adults Policy, 2012 Agreed by Governors 27/11/12

Appendix 4 Portability of Disclosure checks Portability refers to the re-use of Disclosure checks by different employers. The following considerations should be made when accepting a previously issued check:  Using a previously-issued Disclosure check does not constitute a fresh CRB check - the person's criminal record or other relevant information may have changed since its issue.  By accepting a previously issued Disclosure check there is a risk that the previous Registered Body did not provide the Disclosure with a fully validated applicant's identity on which to carry out its checks.  Enhanced checks may contain 'approved' non-conviction information provided by local police records. Occasionally, this information may be withheld from the applicant's copy if it was thought necessary in the interests of the prevention or detection of crime. Checks from other organisations are not usually accepted by City Lit; however where there is a curriculum reason for a person to start before our own check has been obtained a portability check on one that is less than three years old may be made if:  The applicant does not have unsupervised access to children or vulnerable adults prior to the receipt of the new Disclosure check.  If the applicant is working with a partner organisation, the arrangements have been agreed in writing by that organisation. Procedure to follow 1. 2. 3.

4. 5.

Obtain the written consent of the person Take a copy of their Disclosure check Contact the listed countersignatory and ask them to confirm in writing  whether or not the information provided reflects that which appears on our copy of the Disclosure check  whether the police did or did not issue additional information issued under cover of a separate letter Pass a copy of this information to Human Resources Ensure the applicant approaches Human Resources to obtain a new check

8 Safeguarding Children and Vulnerable Adults Policy, 2012 Agreed by Governors 27/11/12