KEY CONTACT DETAILS
East Sussex LADO officer: Donna Tomlinson
West Sussex LADO officer: Miriam Williams
Sophie Jackson: Tribunal officer
Contents:
Appendices – definitions and details, external contacts
This policy applies to Roxstar (sole trader).
This policy is reviewed annually
1.1 Policy statement
This policy has regard to the following guidance and advice, as amended from time to time (and any supplemental guidance/advice referred to therein):
(Extended Entitlement) (Amendment) Regulations 2018
1.2 Intent
Safeguarding and promoting the welfare of children is everyone’s responsibility.
Everyone who comes into contact with children and their families has a role to play to identify concerns, share information and take prompt action.
All practitioners must ensure their approach is child-centered. This means considering, at all times, what is in the best interests of the child.
Roxstar (sole trader) has a holistic approach to safeguarding and child protection.
2.1 Definitions of Safeguarding and Types and Signs of Abuse
Safeguarding and promoting the welfare of children is defined as:
Abuse is a form of maltreatment of a child. Somebody may abuse, exploit, or neglect a child by inflicting harm or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting by those known to them or, by their peers, or, more rarely, by others (e.g. via the internet).
Technology is a significant component in many safeguarding and well-being issues.
Abuse can take place wholly online, or technology may be used to facilitate offline abuse. In many cases abuse will take place concurrently via online channels and in daily life. They may be abused by an adult or adults or by another child or children. Abuse can be:
If a child is subject to harassment, violence or abuse, this may breach their rights as set out in the Human Right’s Act.
All tutors must be aware of indicators of abuse and neglect.
For types and signs of abuse and neglect, see Appendix 1
Tutors are referred to Appendix 1 of this policy for further detail of the types of abuse and possible signs of abuse.
Tutorsmust always be vigilant and raise any concerns with the LADO or DLADO.
3.1 Roles and responsibilities: All tutors
All tutors have a responsibility to:
3.2 Roxstar (sole trader) has a responsibility to:
3.3 Roxstar (sole trader) has a duty to:
3.4 The LADO (Designated Safeguarding Lead) has a duty to:
Roxstar (sole trader) Child Protection and Safeguarding Policy is reviewed annually, and the procedures are updated and reviewed regularly.
Support and advise tutors and help them feel confident on welfare, safeguarding and child protection matters: specifically, to ensure that tutors are supported during the referral processes; and to support tutors to consider how safeguarding, welfare and educational
4.1 Concerns about a child: overview
Roxstar (sole trader) has a duty to consider at all times the pupil's best interests and take action to enable all students to achieve the best outcomes.
Safeguarding and promoting the welfare of children is everyone’s responsibility. Everyone has a role to play in identifying concerns, sharing information and taking prompt action in accordance with this policy.
Tutors will work with social workers and other agencies following any referral.
All tutors will be aware that children may not feel ready or know how to tell someone that they are being abused, exploited, or neglected, and/or they may not recognise their experiences as harmful. For example, children may feel embarrassed, humiliated, or being threatened. This could be due to their vulnerability, disability and/or sexual orientation or language barriers. This will not prevent tutors from having a professional curiosity and speaking to the LADO if they have concerns about a child.
If tutors suspect or hear an allegation or concern of abuse or neglect from a child or any third party, they must follow the relevant procedure below.
All tutors will:
A victim must never be given the impression that they are creating a problem by reporting abuse, sexual violence or sexual harassment, nor will a victim ever be made to feel ashamed for making a report.
All concerns, discussions and decisions (together with reasons) made under these procedures will be recorded in writing.
Tutors will use the safeguarding LADO to record safeguarding concerns. These are then reviewed by a member of the safeguarding team and actions / decision- making recorded. Tutors are aware that their initial record will include the place of the conversation and detail of what was said and done by whom and in whose presence and signed by the person making it.
Where a report includes online elements, tutors are reminded not to view or forward any illegal images of a child but note what has been reported.
Where there is a safeguarding concern, Roxstar (sole trader) will ensure the pupil’s wishes and feelings are taken into account wherever possible and will work with them (and their families where appropriate) when determining what action to take and what services to provide.
This is particularly important in the context of harmful sexual behaviours, such as sexual harassment and violence.
Roxstar (sole trader) manages this by ensuring that the pupil’s voice is heard throughout the process.
4.2 Concerns about a child: Information Sharing
Information sharing is vital in identifying and tackling all forms of abuse and neglect, and in promoting children’s welfare, including their educational outcomes. Schools have clear powers to share, hold and use information for these purposes.
Roxstar (sole trader) will ensure tutors comply with the relevant data protection principles when processing and sharing personal information, as provided for in the Data Protection Act 2018 and the UK GDPR. As part of this, Roxstar (sole trader) will ensure that members of staff:
Roxstar (sole trader) will comply with all data protection law and have due regard to the ‘Information sharing advice for safeguarding practitioners’ (2018), and the relevant provisions of KCSIE when sharing such data.
Safeguarding information will often be special category personal data and Roxstar (sole trader) will have due regard to its data protection obligations when sharing such data. Personal information may be shared by Roxstar (sole trader) with a third party (such as the police or local authority) without consent if there is a lawful basis to do so such as where doing so is in order to promote a child’s welfare or where their safety may be at risk. This is because the Data Protection Act 2018 includes ‘safeguarding children and individuals at risk’ as a condition that allows information to be shared without consent in certain circumstances. Any decision to share or withhold information will be recorded including details of who the data has been shared with and reasons for sharing.
4.3: Concerns about a child: Roxstar (sole trader) action
If tutors have a concern about child’s welfare they will act immediately and will speak with Roxstar (sole trader) or LADO
If, in exceptional circumstances, Roxstar (sole trader) or LADO is not available, this will not delay appropriate action being taken and tutors will consider speaking to a member of the police or seek advice from local children’s social care.
The LADO will consider the appropriate action to take in accordance with the threshold document published by the LEA
If a child’s situation does not appear to be improving, the LADO (or the person that made the referral) will consider following local escalation procedures to ensure their concerns have been addressed and to ensure that the child’s situation improves.
Tutors will not assume a colleague or another professional will take action and share information that might be critical in keeping children safe.
They will be mindful that early information sharing is vital for effective identification, assessment and allocation of appropriate service provision, whether this is when problems are first emerging, or where a child is already known to local authority children’s social care (such as on a child in need or child protection plan). Tutors will challenge any inaction and follow this up with the LADO and children’s social care as appropriate.
All concerns, discussions and decisions made and the reasons for those decisions will be recorded in writing on CPOMS.
4.4 Concerns about a child: Early Help
Early help means providing support as soon as a problem emerges at any point in a child's life, from the foundation years through to the teenage years. Any child may benefit from early help but all tutors will be particularly alert to the potential need for early help for a child who:
All tutors will be aware that behaviours linked to drug taking and/or alcohol misuse, deliberately missing education and consensual and non-consensual sharing of nudes and semi nudes images and/or videos can be signs that children are at risk from exploitation.
In the first instance, tutors who consider that a pupil may benefit from early help will discuss this with Roxstar (sole trader) or LADO
If early help is appropriate, the LADO will generally lead on liaising with relevant agencies and setting up inter-agency assessment as appropriate.
Tutors may be required to support other agencies and professionals in an early help assessment, in some cases acting as the lead professional. The LADO will support tutors in liaising with external agencies and professionals in an inter- agency assessment, as appropriate. If early help is appropriate, the matter will be kept under constant review and consideration given to a referral to children's social care if the pupil's situation does not appear to be improving or is getting worse.
4.5 Concerns about a child: urgent concerns
If tutors believe that a child is suffering, or is likely to suffer from harm, or is in immediate danger it is important that an immediate referral to children’s social care (and/or the Police if appropriate).
If anyone other than the Roxstar (sole trader) makes a referral, they will inform the LADO as soon as possible that a referral has been made Children’s social care assessments will consider where children are being harmed in contexts outside the home, so it is important to provide as much information as possible as part of the referral process, to enable a contextual approach (see further below re Contextual Safeguarding.)
Roxstar (sole trader) local safeguarding outreaches are East Sussex, Brighton and Hove, West Sussex County Council and The Chief Constable of Sussex Police.
4.6 Concerns about a child: Radicalisation
Tutors will follow Roxstar (sole trader)’s normal referral processes when there are concerns about children who may be at risk of being drawn into terrorism, as set out above. This may include a referral to Prevent and/or children’s social care depending on the level of risk.
If tutors have concerns that there is an immediate/significant risk of a child being drawn into terrorism they must call 999 or 101 and ask for the Police Prevent team.
Tutors may also submit a referral form to MASH or call them directly. Advice and support can also be sought from children’s social care.
Roxstar (sole trader), in recognition that students may be at risk of being drawn into terrorism or other forms of extremism, carries out appropriate risk assessments (following consultation with local partners, such as the Police) of the potential risk in the local area.
Risk assessments are discussed with Roxstar (sole trader) for safeguarding to ensure tutors safeguarding arrangements are sufficiently robust to help prevent and protect children from being drawn into terrorism and are regularly revised.
See further below for more information on radicalisation. Further guidance can be found in the Revised Prevent duty guidance: for England and Wales April 2021.
4.6 Concerns about a child: Female Genital Mutilation (FGM)
All tutors will speak to the Roxstar (sole trader) or LADO or immediately about any concerns about FGM.
Teaching tutors have a separate duty to report to the Police cases where they discover that an act of FGM appears to have been carried out on a girl under the age of 18.
All tutors are referred to Appendix 1 of this policy for the procedure to be followed where they suspect or discover that a pupil may be at risk of FGM.
4.7 Concerns about a child: Child missing from education (CME)
Children who go missing from education, particularly persistently, can act as a vital warning sign to a range of safeguarding issues including neglect, sexual abuse and child sexual and criminal exploitation.
Tutors will report any concerns to the relevant LADO.
5.1 Child on Child abuse: overview
Child-on-child abuse is any form of physical, sexual, emotional and financial abuse, and coercive control, exercised between children and within children's relationships (both intimate and non-intimate).
All tutors working with children are advised to maintain an attitude of “it could happen here”. Tutors will recognise that even if there are no reports, it does not mean that child-on-child abuse is not happening, it may be the case that it is just not being reported.
This is most likely to include, but may not be limited to:
Even if there are no reported incidents in school it does not mean it is not happening, it may be the case that it is just not being reported. As such, if tutors have any concerns regarding child-on-child abuse, they will speak to their designated safeguarding lead (or deputy).
Child-on-child abuse can be associated with factors outside Roxstar (sole trader) and can occur online and face-to-face between two or more children of any age or gender. Roxstar (sole trader) therefore takes a contextual safeguarding approach to managing child-on-child abuse.
Child-on-child abuse is abuse and is never acceptable.
Roxstar (sole trader) approach to sexting is guided by the advice for schools: responding to and managing sexting incidents published by SWGFL and the UK safer internet centre READ HERE.
All incidents are recorded and the response of Roxstar (sole trader) is decided based on guidance above. Outside agencies including police and social care are involved as appropriate or necessary.
Where an issue of pupil behaviour or bullying gives ‘reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm’, tutors will refer to Roxstar (sole trader) or LADO.
5.2 Child on Child abuse: Concern Procedure
For detailed information on what sexual violence and sexual harassment constitutes, important context to be aware of, related legal responsibilities for schools and colleges, advice on a whole school or college approach to preventing child on child sexual violence and sexual harassment and more detailed advice on responding to reports see the
Department for Education’s statutory guidance: Keeping Children Safe in Education
(2023), Part 5 – Child-on-child sexual violence and sexual harassment
Key Principles
It is important to note that children may not find it easy to tell tutors about their abuse verbally. Children can show signs or act in ways that they hope adults will notice and react to.
If tutors have any concerns about a child’s welfare, they will act on them immediately rather than wait to be told.
Effective report management involves:
The procedures set out below will be reviewed, at least annually, in light of an assessment of the impact and effectiveness of the policy.
Roxstar (sole trader) treats all children involved as being at potential risk and ensures a safeguarding response is in place for both the child who has allegedly experienced the abuse, and the child who has allegedly been responsible for it. Immediate consideration will therefore be given as to how best to support and protect all children involved/impacted.
In the event of disclosures about child-on-child abuse, all children involved will be treated as being at risk and the safeguarding procedures. This means that if a member of Roxstar (sole trader) thinks for whatever reason that a child may be at risk of or experiencing abuse by their peer(s), or that a child may be at risk of abusing or may be abusing their peer(s), they will discuss their concern with the LADO without delay so that a course of action can be agreed.
Roxstar (sole trader) recognises that a child is likely to disclose an allegation to someone they trust: this could be any member of staff. By making such a disclosure the pupil is likely to feel that the member of staff is in a position of trust.
All concerns/allegations of child-on-child abuse will be handled sensitively, appropriately and promptly and will be investigated including consideration of the wider context in which it may have occurred (as appropriate).
Roxstar (sole trader) will take into account the views of the child/children affected. Unless it is considered unsafe to do so, the LADO will discuss the proposed action with the child/children and their parents following appropriate liaison with children’s social care. Roxstar (sole trader) will manage the child/children's expectations about information sharing, and keep them and their parents informed of developments, where appropriate and safe to do so.
All children affected by child-on-child abuse will be supported by Roxstar (sole trader) and the LADO
Support from external agencies will be sought, as appropriate.
“Victims” will be reassured that they are being taken seriously and that they will be supported and kept safe.
Roxstar (sole trader) recognises that children with special educational needs and disabilities can be more prone to child on child group isolation than other children and will consider extra pastoral support for those children additionally through the inclusion team.
Roxstar (sole trader) will take advice from the LCSP on the investigation of such allegations and will take all appropriate action to ensure the safety and welfare of all students involved including the alleged victim and alleged perpetrator.
If it is necessary for a pupil to be interviewed by the Police in relation to allegations of abuse, Roxstar (sole trader) will ensure that, subject to the advice of the LCSP, parents are informed as soon as possible and that the students involved are supported during the interview by an appropriate adult and until the investigation is completed.
Confidentiality will be an important consideration for Roxstar (sole trader) and advice will be sought as necessary from the LCSP and/ or the Police as appropriate.
5.3 Harmful Sexual Behaviour: Reporting
Consideration of safeguarding all those children involved in the safeguarding report will be immediate.
Following a report of sexual violence and/or sexual harassment the LADO will therefore consider the appropriate response. This will include:
When there has been a report of sexual violence, the LADO will make an immediate risk and needs assessment in respect of each child affected by the abuse.
Where there has been a report of sexual harassment, the need for a risk assessment will be considered on a case-by-case basis. The risk and needs assessment will consider:
The LADO will consider as part of Roxstar (sole trader) response, the context within which such incidents and/or behaviours occur and the importance of anonymity.
The LADO will consider the risks posed to all students and put adequate measures in place to protect them and keep them safe. This may include consideration of the proximity of the victim and alleged alleged perpetrator and considerations regarding shared classes, sharing school premises and school transport. Any professional risk assessment will inform Roxstar (sole trader) approach.
The police may be informed of any harmful sexual behaviours including sexual violence and sexual harassment which are potentially criminal in nature, such as grabbing bottoms, breasts and genitalia. Rape, assault by penetration and sexual assaults will be passed to the police. A report to the police will generally be made in parallel with a referral to children’s social care.
If the LADO decides to make a referral to children’s social care and/or a report to the police against a victim’s wishes, the reasons will be explained to the pupil and appropriate specialist support offered. The LADO or will also work closely with children’s social care and other agencies are required to ensure any action taken under this policy does not jeopardise any statutory investigation and to discuss how the alleged perpetrator, staff, parents and others will be informed of the allegations and what information can be disclosed bearing in mind the need to protect those involved and their anonymity.
The LADO will ensure that where children move to another educational institution following an incident of child-on-child abuse, the new institution is made aware of any ongoing support needs and, where appropriate, any potential risks to other children and staff.
6.1 Contextual Safeguarding
All tutors will be aware that safeguarding incidents and/or behaviours can be associated with factors outside Roxstar (sole trader) can occur between children outside of these environments.
All staff will consider whether children are at risk of abuse or exploitation in situations outside their families.
Extra-familial harms take a variety of different forms and children can be vulnerable to multiple harms including (but not limited to) sexual exploitation, criminal exploitation, and serious youth violence.
7.1 Tutors Allegations: Whistleblowing
Where tutors have concerns about poor or unsafe practices and potential failures in Roxstar (sole trader) safeguarding regimes, these will be raised with the LADO.
If tutors feel unable to raise an issue with Roxstar (sole trader), feel that their genuine concerns are not being (or have not been) addressed or are concerned about the way a concern is being handled, they may use other whistleblowing channels, such as the NSPCC whistleblowing helpline.. Contact details for the NSPCC helpline can be found on the Key Contacts page at the start of this policy.
7.2 Tutors Allegations: tutors including visiting and contracted tutors
Roxstar (sole trader) procedures for managing concerns/ allegations against tutors who are currently working in Roxstar (sole trader) follows Department for Education statutory guidance and local safeguarding partners’ arrangements and applies when tutors(including supply staff, volunteers and contractors) have (or are alleged to have):
7.3 Tutors Allegations - Non-recent allegations
Allegations against an adult that is no longer working/volunteering with children will be referred to the Police. Where it is known that the adult is still working/volunteering with children, all allegations (including historical/non-recent allegations of abuse) will be referred to the Police and also the LADO in the local authority that the adult is working/volunteering.
Where an adult makes an allegation to a school that they were abused as a child, they will be advised to report the allegation to the police. Non-recent allegations made by a child, will be reported to the LADO in line with the local authority’s procedures for dealing with non-recent allegations. Abuse can be reported no matter how long ago it happened.
If an allegation is made against anyone working with children in Roxstar (sole trader), Roxstar (sole trader)/LADO will not undertake their own investigation of allegations without prior consultation with the Local Authority ‘designated officer’ (LADO) or, in the most serious cases, the Police, so as not to jeopardise statutory investigations. In borderline cases, Roxstar (sole trader) may discuss informally with the Local Authority ‘designated officer’ on a no-names basis (if local procedures allow).
All allegations will be investigated as a priority to avoid any delay.
7.4 Tutors Allegations: when they may meet the harms threshold
Where Laura Evenstar is absent or is the subject of the allegation or concern, reports will be made to LADO.
Where Roxstar (sole trader) is the subject of the allegation or concern, the LADO must be informed of the allegation.
Roxstar (sole trader) will continue its investigation if the person leaves, resigns or ceases to provide their services. Schools will check the relevant provisions of KCSIE.
7.5 Tutors Allegations: Information sharing
Tutors will be mindful of the guidance set out in KCSIE in relation to sharing information between safeguarding partners during the course of the process of managing allegations against staff.
Roxstar (sole trader) will make every reasonable effort to maintain confidentiality and guard against unwanted publicity whilst an allegation is being investigated or considered.
7.6 Tutors Allegations : outcomes
Allegations found to be malicious will be removed from the individual's personnel records. In all other circumstances a written record will be made of the decision and retained on the individual's personnel file in accordance with KCSIE and a copy will only be provided to the individual concerned.
Allegations proven to be false, unsubstantiated, unfounded or malicious will not be included in employer references. Substantiated allegations will be included in references, provided that the information is factual and does not include opinions (KCSIE). Low level concerns (see below) will not be included in references unless they relate to issues which would normally be included in a reference such as misconduct or poor performance.
If an allegation is determined to be unsubstantiated, unfounded, false or malicious, the LADO and case manager will consider whether the child and/or person who made the allegation is in need of help or may have been abused by someone else, in which case a referral to children’s social care may be appropriate.
If an allegation is shown to be deliberately invented or malicious, the Head will consider whether any disciplinary action is appropriate against a pupil who made it in accordance with Roxstar (sole trader) behaviour policy; or whether the Police will be asked to consider if action might be appropriate against the person responsible even if they are not a pupil.
7.7 Tutors Allegations: contracted tutors
Where Roxstar (sole trader) has to consider an allegation against an individual not directly employed by them, where its disciplinary procedures do not fully apply, for example, tutors provided by an employment agency or business (referred to in this section as ‘the agency’), they will ensure allegations are dealt with properly. They will liaise with the local authority designated officer (LADO) and notify their employer immediately to determine a suitable outcome and discuss with the agency whether it is appropriate to suspend the supply teacher or redeploy them to another part.
Agencies will be fully involved and cooperate with any enquiries from the LADO, police and/or children’s social care. Roxstar (sole trader) will usually take the lead because agencies do not have direct access to children or other school staff, so they will not be able to collect the facts when an allegation is made, nor do they have all the relevant information required by the LADO as part of the referral process.
When using an agency, Roxstar (sole trader) will inform the agency of its process for managing allegations but also take account of the agency’s policies and their duty to refer to the DBS as personnel suppliers. This will include inviting the agency’s human resource manager or equivalent to meetings and keeping them up to date with information about its policies.
7.8 Tutors Allegations: Outside organisations
If Roxstar (sole trader) receives an allegation relating to an incident that happened when an individual or organisation was using their school premises for the purposes of running activities for children, this policy will be followed and the LADO informed.
7.9 TutorsAllegations: concerns that do not meet the harm threshold
As part of their whole school approach to safeguarding, Roxstar (sole trader) will ensure that they promote an open and transparent culture in which all concerns about all adults working in or on behalf of Roxstar (sole trader) are dealt with promptly and appropriately.
The term ‘low-level’ concern does not mean that it is insignificant. A low-level concern is any concern – no matter how small, and even if no more than causing a sense of unease or a ‘nagging doubt’ - that an adult working in or on behalf of Roxstar (sole trader) may have acted in a way that:
Examples of such behaviour could include, but are not limited to:
It is crucial that any such concerns, including those which do not meet the allegation/harm threshold, are shared responsibly and with the right person, and recorded and dealt with appropriately.
7.11 Tutors Allegations: Sharing/reporting a low level concern
Low-level concerns about a member of tutors will be reported t o Roxstar (sole trader). This will be received by to the LADO.
Where a low-level concern is raised about the designated safeguarding lead, it will be shared with Roxstar (sole trader).
Tutors do not need to be able to determine in each case whether their concern is a low-level concern, or if it is in fact serious enough to consider a referral to the LADO or meets the threshold of an allegation. They will inform the LADO / Roxstar (sole trader) of all the low-level concerns and in a timely fashion according to the nature of each particular low-level concern.
Roxstar (sole trader) will be the ultimate decision maker in respect of all low-level concerns, although it is recognised that depending on the nature of some low-level concerns and/or the role of the LADO in some schools/colleges, the tutor may wish to consult with the LADO and take a more collaborative decision-making approach.
Where a low-level concern relates to a person employed by Roxstar (sole trader) that concern will be shared with the LADO and recorded in accordance with Roxstar (sole trader) low-level concern and their employer notified about the concern, so that any potential patterns of inappropriate behaviour can be identified.
If the tutors member sharing the concern does not wished to be named Roxstar (sole trader) will respect this person’s wishes as far as possible. However, there may be circumstances where the tutors member will need to be named (for example where it is necessary in order to carry out a fair disciplinary investigation) and, for this reason, anonymity can never be promised to members of tutors who share low-level concerns.
If schools and colleges are in any doubt as to whether the information which has been shared about a member of tutors sas a low-level concern in fact meets the harm threshold, they will consult with their LADO.
7.12 : Self-Reporting
Occasionally an adult may find themselves in a situation which could be misinterpreted or might appear compromising to others. Equally, an adult may, for whatever reason, have behaved in a manner which, on reflection, they consider falls below the standard set out in the teachers Code of Conduct. Self-reporting in these circumstances can be positive for a number at the earliest opportunity; it demonstrates awareness of the expected behavioural standards and self-awareness as to the individual’s own actions or how they could be perceived; and, crucially, it is an important means of maintaining a culture where everyone aspires to the highest stand
7.13 Tutors Allegation: Low level concern response
Roxstar (sole trader)/ LADO will:
Any investigation of low-level concerns will be done discreetly and, on a need-to-know basis.
Advice will be sought from legal services (where necessary) about next steps.
There are a number of potential outcomes including (but not limited to):
The LADO will review the central low-level concerns file periodically to ensure that all such concerns are being dealt with promptly and appropriately, and that any potential patterns of concerning, problematic or inappropriate behaviour are identified. A record of these reviews will be made.
7.14 Tutors Allegations: Recording concerns
All procedures for recording and storing of records will comply with United Learning’s Data Protection Policies.
All low-level concerns will be recorded by Roxstar (sole trader). The record will include details of the concern, the context in which the concern arose, and action taken. The name of the individual sharing their concerns will also be noted, if the individual wishes to remain anonymous then that will be respected as far as reasonably possible.
The name of the individual sharing the low-level concern, and their role, will be stated, as will the name of the individual about whom the concern is being raised, and their role within the organisation at the time the concern is raised. If the latter individual has an opposing factual view of the incident, this will be fairly recorded alongside the concern. The record will include brief context in which the low-level concern arose, and concise details (which are chronological and as precise and accurate as possible) of any such concern and relevant incident(s). The record will be timed and dated.
There will be appropriate records of:
Records will be reviewed so that potential patterns of concerning, problematic or inappropriate behaviour can be identified. Where a pattern of such behaviour is identified, Roxstar (sole trader) will decide on a course of action, either through its disciplinary procedures or where a pattern of behaviour moves from a concern to meeting the harms threshold, in which case it will be referred to the LADO.
Consideration will also be given to whether there are wider cultural issues within Roxstar (sole trader) that enabled the behaviour to occur and where appropriate policies could be revised or extra training delivered to minimise the risk of it happening again.
Adults about whom a low-level concern has been raised may have rights of access to such records, provided of course that this would not also unreasonably disclose information of children concerned.
Roxstar (sole trader) will retain the record consistent with comply with group data protection policies. The tutors will retain all records of low-level concerns (including those which are subsequently deemed by the LADO to relate to behaviour which is entirely consistent with the teachers Code of Conduct)
. Any written copies of reports must be recorded securely and hard copies destroyed
7.15 Tutors Allegations: Record Keeping
Roxstar (sole trader) Teachers Code of Conduct can be found on the NEU. The aim of the code of conduct is to provide clear guidance about behaviour and actions and responses to low level concerns in order not to place students or tutors at risk of harm or of allegation of harm or of allegation of harm to a pupil.
Some low-level concerns may also involve issues of misconduct or poor performance, or they may trigger the disciplinary, grievance or whistleblowing procedures. Where these issues would ordinarily require records to be made and retained on the tutors member’s personnel file, this will be done in the normal way, in addition to the records of the low-level concern(s) being retained in a low-level concerns category.
If a low-level concern in and of itself is deemed to be serious enough to consider a referral to the LADO and, perhaps following consultation, a referral is made to them, then records relating to the low-level concern will be printed and retained on the tutors member’s personnel file.
If a low-level concern (or group of concerns) is reclassified as an allegation, all previous records of low-level concerns relating to the same individual will be moved from the central low-level concerns file to the tutors member’s personnel file and retained in accordance with Part 4 of KCSIE.
When a tutors member leaves and/or takes up new employment, that creates a natural point at which the content of the file may be reviewed to ensure it still has value (either as a safeguarding measure or because of its possible relevance to future claims) and is therefore necessary to keep.
Low-level concerns will not be referred to in references unless they relate to issues which would ordinarily be included in a reference, for example, misconduct or consistent poor performance. It follows that a low-level concern which relates exclusively to safeguarding (and not to misconduct or poor performance) will not be referred to in a reference. Where a low-level concern (or group of concerns) has met the threshold for referral to LADO and found to be substantiated, it will be referred to in a reference. A history of repeated concerns or allegations which have all been found to be false, unsubstantiated or malicious will also not be included in any reference.
Roxstar (sole trader) will refer to Part Four, Section Two of KCSIE for further advice and guidance.
8.1 Management of Safeguarding: LADO
Roxstar (sole trader) LADO is Donna Tomlinson who is a member of the leadership team.
The deputy head is the DLADO and the person to whom reports will be made in the absence of the LADO. This ensures there is the required cover for the role at all times.
The LADO and DLADO’s contact details can be found on the Key Contacts page at the start of this policy.
The LADO’s role is to take lead responsibility for safeguarding and child protection matters in Roxstar (sole trader).
The LADO’s responsibility is to maintain an overview of safeguarding within Roxstar (sole trader), to open channels of communication with local statutory agencies, to liaise closely with safeguarding partners (such as children’s social care and the police), support tutorsin carrying out their safeguarding duties children’s social care and the police), support tutors in carrying out their safeguarding duties and to monitor the effectiveness of Roxstar (sole trader) policies and procedures in practice. The LADO are most likely to have a complete safeguarding picture and be the most appropriate person to advise on a response to a safeguarding concern.
The LADO works Roxstar (sole trader) safeguarding policy. Where a pupil leaves Roxstar (sole trader), the LADO will also ensure their child protection file is transferred to the new school/agency (separately from the main pupil file) as soon as possible. The LADO will ensure secure transit and obtain confirmation of receipt. The LADO will also consider if it would be appropriate to share any information with the new school in advance of a child leaving. For example, information that would allow the new school to continue supporting victims of abuse and have that support in place for when the child arrives. Roxstar (sole trader) will ensure that key staff, such as the SENCO, are also aware of these arrangements, as required.
The LADO will inform the safeguarding partners of any incident which they think will be considered for a child safeguarding practice review.
The LADO can request reviews of Roxstar (sole trader) and their own practices and concerns about welfare and safeguarding matters. This includes the personal and professional duty of all report welfare and safeguarding concerns to the LADO, or in their absence, to a member of the senior management team or directly to local children’s services.
The LADO or Roxstar (sole trader) will always be available to discuss safeguarding concerns. During term time, the LADO and/or DLADO will always be available (during school hours) for tutors in Roxstar (sole trader) to discuss any safeguarding concerns.
Full details of the LADO’s role can be found at Annex C of KCSIE.
Ultimate lead responsibility for safeguarding and child protection remains with the LADO and this responsibility will not be delegated.
8.2 Management of safeguarding: Training
Induction and training (including online safety) are in line with advice from local safeguarding partners.
All new tutors will be provided with induction training that includes:
As part of the whole school safeguarding approach, all tutors are also required to:
LADO(s) - training and expectations includes:
8.5 Management of Safeguarding: Safer Recruitment
Roxstar (sole trader) is committed to safer recruitment processes and ongoing safer working practices.
Members of the teaching Roxstar (sole trader) are subject to the necessary statutory child protection checks before starting work, for example, right to work checks, additional overseas checks (if necessary), verifying identity, taking up references, checking work history and confirming medical fitness for the role.
For most appointments, an enhanced DBS check with 'barred list' information will be appropriate.
Under no circumstances will an individual commence work unsupervised in sole charge of, or in unaccompanied contact with, children without a cleared DBS check. In this case, the individual will have a separate Barred List check and Roxstar (sole trader) will undertake a written Risk Assessment exercise in relation to the proposed work. All other safeguarding checks will be completed and the individual will be appropriately supervised. Please refer to Section C and Appendix 5 of the ‘Safeguarding Children – HR Procedural Guidance’ available on the United Learning Hub for further guidance.
10.1 Vulnerable Groups: Special needs, disability and health issues
Tutors will be fully aware of their difficulties and ensure that supportive measures are in place to support communication.
Each child will have a key-adult who has oversight for the child’s needs and difficulties. The key adult should be involved (when appropriate) to support the child, LADO or other professionals in supporting the child where there are safeguarding concerns.
Students with SEND or certain health conditions can face additional safeguarding challenges. They may not outwardly show signs of abuse and/or may have difficulties in communication about abuse or neglect. Students with SEND are more likely to be abused by their peers. The barriers to recognising abuse and neglect of this group of children can include:
Further guidance can be found in the DfE guidance Supporting students at school with medical conditions, and where applicable in the SEND Code of Practice.
Tutors will support such students in expressing any concerns they may have and will be particularly vigilant to any signs or indicators of abuse, discussing this with the LADO as appropriate.
10.2 Vulnerable Groups: Looked after children (and previously looked after children)
Looked after children (and previously looked after children) are a particularly vulnerable group.
Roxstar (sole trader) will ensure that prompt action is taken when necessary to safeguard these children and the local governing body ensures that tutors have the skills, knowledge and understanding necessary to keep safe any children on roll who are looked after (and previously looked after) by a local authority.
Roxstar (sole trader) ensures that the designated member of tutorsr eceives appropriate training in order to carry out their role and has the information they need in relation to any child’s looked after status, their care arrangements (including contact arrangements with birth parents and those with parental responsibility) and details of the child’s social worker and virtual school head.
Roxstar (sole trader) will also have responsibility for promoting the educational achievement of children who have left care through adoption, special guardianship or child arrangement orders or who were adopted from state care and will work closely with virtual school heads to promote their educational achievement. The LADO will ensure they have details of the local authority Personal Advisor appointed to guide and support any care leavers and will liaise with them as necessary regarding any issues of concern affecting them.
10.4 Vulnerable Groups: Children who need a social worker, Child in Need, Child Protection
Children may need a social worker due to safeguarding or welfare needs. Children may need this help due to abuse, neglect and complex family circumstances. A child’s experiences of adversity and trauma can leave them vulnerable to further harm, as well as educationally disadvantaged in facing barriers to attendance, learning, behaviour and mental health.
Where the local authority has made Roxstar (sole trader) aware a child has a social worker, the designated safeguarding lead will hold and use this information so that decisions can be made in the best interests of the child’s safety, welfare and educational outcomes.
This information will inform decisions about safeguarding (for example, responding to unauthorized absence or missing education where there are known safeguarding risks) and about promoting welfare (for example, considering the provision of pastoral and/or academic support, alongside action by statutory services).
APPENDIX 1 – Details and definitions
Physical abuse: a form of abuse which 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: the persistent emotional maltreatment of a child such as to cause severe and adverse effects on the child’s emotional development. It 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. It may include not giving the child 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 a 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 cyberbullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, although it may occur alone. Tutorsare referred to DfE guidance Sexual Violence and Sexual Harassment for further information.
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. 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 in preparation for abuse. Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children. The sexual abuse of children by other children (also known as child on
child abuse) is a specific safeguarding issue in education and all tutorswill be aware of it and of their school’s policy and procedures for dealing with it.
Neglect: 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); or ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
Specific safeguarding issues: behaviours linked to drug taking, alcohol abuse, truanting and sexting put children in danger. Safeguarding issues can also manifest themselves via child-on-child abuse, such as bullying (including cyberbullying), gender- based violence/sexual assaults and sexting. Safeguarding issues can also be linked to, for example, children missing education; child sexual exploitation; domestic violence; fabricated or induced illness; faith abuse; female genital mutilation; forced marriage; gangs and youth violence; gender-based violence / violence against women and girls; hate; mental health; preventing radicalisation; relationship abuse; sexting; and trafficking.
Child Criminal Exploitation (CCE) and Child Sexual Exploitations are forms of abuse and both occur where an individual or group takes advantage of an imbalance in power to coerce, manipulate or deceive a child into sexual or criminal activity. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, sexual identity, cognitive ability, physical strength, status, and access to economic or other resources. In some cases, the abuse will be in exchange for something the victim needs or wants and/or will be to the financial benefit or other advantage (such as increased status) of the perpetrator or facilitator. The abuse can be perpetrated by individuals or groups, males or females, and children or adults. CSE and CCE can affect children, both male and female, and can include children who have been moved (commonly referred to as trafficking) for the purpose of exploitation. The abuse can be a one-off occurrence or a series of incidents over time and range from opportunistic to complex organised abuse. It can involve force and/or enticement-based methods of compliance and may, or may not, be accompanied by violence or threats of violence. Victims can be exploited even when activity appears consensual and it will be noted exploitation as well as being physical can be facilitated and/or take place online.
Child Criminal Exploitation (CCE) Some specific forms of CCE can include children being forced or manipulated into transporting drugs or money through county lines, working in cannabis factories, shoplifting or pickpocketing. They can also be forced or manipulated into committing vehicle crime or threatening/committing serious violence to others.
Children can become trapped by this type of exploitation as perpetrators can threaten victims (and their families) with violence or entrap and coerce them into debt. They may be coerced into carrying weapons such as knives or begin to carry a knife for a sense of protection from harm from others. As children involved in criminal exploitation often commit crimes themselves, their vulnerability as victims is not always recognised by adults and professionals, (particularly older children), and they are not treated as victims despite the harm they have experienced. They may still have been criminally exploited even if the
36 activity appears to be something they have agreed or consented to.
It is important to note that the experience of girls who are criminally exploited can be very different to that of boys. The indicators may not be the same, however professionals will be aware that girls are at risk of criminal exploitation too. It is also important to note that both boys and girls being criminally exploited may be at higher risk of sexual exploitation.
Child Sexual Exploitation (CSE): CSE is a form of sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. CSE does not always involve physical contact: it can also occur through the use of technology.
Potential indications of CSE include (but are not limited to):
CSE can affect any child or young person (male or female) under the age of 18 years, including 16 and 17 year olds who can legally consent to have sex; can still be abuse even if the sexual activity appears consensual; can include both contact (penetrative e.g. rape and oral sex and non-penetrative acts such as masturbation, kissing, rubbing, and touching outside clothing) and non-contact sexual activity (such as involving children in the production of sexual images, forcing children to look at sexual images or watch sexual activities, encouraging children to behave in sexually inappropriate ways or grooming a child in preparation for abuse including via the internet. It can take place in person or via technology, or a combination of both; can involve force and/or enticement-based methods of compliance and may, or may not, be accompanied by violence or threats of violence; may occur without the child or young person’s immediate knowledge (e.g. through others copying videos or images they have created and posted on social media); can be perpetrated by individuals or groups, males or females, and children or adults.
The abuse can be a one-off occurrence or a series of incidents over time and range from opportunistic to complex organised abuse; and is typified by some form of power imbalance in favour of those perpetrating the abuse. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, sexual identity, cognitive ability, physical strength, status, and access to economic or other resources. Some of the following signs may be indicators of sexual exploitation:
CSE is a geographically widespread form of harm that is a typical feature of county lines criminal activity: drug networks or gangs groom and exploit children and young people to carry drugs and money from urban areas to suburban and rural areas, market and seaside towns. Key to identifying potential involvement in county lines are missing episodes when the victim may have been trafficked for the purpose of drugs trafficking. The LADO or DLADO will consider a referral to the National Referral Mechanism as soon as possible if there are county line concerns, such as a child being a potential victim of modern slavery or human trafficking.
All tutorswill be aware of indicators, which may signal that children are at risk from, or are involved with serious violent crime. These may include increased absence from school, a change in friendships or relationships with older individuals or groups, a significant decline in performance, signs of self- harm or a significant change in wellbeing, or signs of assault or unexplained injuries. Unexplained gifts or new possessions could also indicate that children have been approached by, or are involved with, individuals associated with criminal networks or gangs and may be at risk of criminal exploitation.
All tutorswill be aware of the range of risk factors which increase the likelihood of involvement in serious violence, such as being male, having been frequently absent or permanently excluded from school, having experienced child maltreatment and having been involved in offending, such as theft or robbery.
County lines
County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs (primarily crack cocaine and heroin) into one or more importing areas [within the UK], using dedicated mobile phone lines or other form of “deal line”.
Exploitation is an integral part of the county lines offending model with children and vulnerable adults exploited to move [and store] drugs and money. Offenders will often use coercion, intimidation, violence (including sexual violence) and weapons to ensure compliance of victims. Children can be targeted and recruited into county lines in a number of locations including schools (mainstream and special), further and higher educational institutions, pupil referral units, children’s homes and care homes. Children are often recruited to move drugs and money between locations and are known to be exposed to techniques such as ‘plugging’, where drugs are concealed internally to avoid detection. Children can easily become trapped by this type of exploitation as county lines gangs create drug debts and can threaten serious violence and kidnap towards victims (and their families) if they attempt to leave the county lines network.
One of the ways of identifying potential involvement in county lines are missing episodes (both from home and school), when the victim may have been trafficked for the purpose of transporting drugs and a referral to the National Referral Mechanism will be considered. If a child is suspected to be at risk of or involved in county lines, a safeguarding referral will be considered alongside consideration of availability of local services/third sector providers who offer support to victims of county lines exploitation.
Please see below for more information: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/863323/HOCountyLinesGuidance_-_Sept2018.pdf
So Called ‘Honour Based’ Abuse: encompasses crimes which have been committed to protect or defend the honour of the family and/or the community, including Female Genital Mutilation (FGM), forced marriage, and practices such as breast ironing. It can include multiple perpetrators.
FGM comprises all procedures involving partial or total removal of the external female genitalia or other injury to the female genital organs. Guidance on the warning signs that FGM may be about to take place, or may have already taken place, can also be found on pages 38-41 of the Multi-agency statutory g uidance on FGM.
If tutorshave a concern that a pupil may be at risk of HBA or has suffered HBA, they will speak to the LADO (or DLADO). As appropriate they will activate local safeguarding procedures, using existing national and local protocols for multi-agency liaison with Police and Children’s Social Care.
There is a statutory duty on teachers to personally report to the Police where they discover (either through disclosure by the victim or visual evidence) that FGM appears to have been carried out on a girl under 18. Unless the teacher has a good reason not to, they will still consider and discuss any such case with the LADO and involve children’s social care as appropriate. If the teacher is unsure whether this reporting duty applies, they will discuss their concerns with the LADO in accordance with this policy. Where a teacher suspects that a pupil is at risk (i.e. where the teacher does not discover that an act of FGM appears to have been carried out, either through disclosure by the victim or visual evidence) or it involves a pupil over 18, teachers will follow Roxstar (sole trader) local safeguarding procedures.
Forced Marriage: Forcing a person into a marriage is a crime in England and Wales. A forced marriage is one entered into without the full and free consent of one or both parties and where violence, threats or any other form of coercion is used to cause a person to enter into a marriage. Threats can be physical or emotional and psychological. A lack of full and free consent can be where a person does not consent or where they cannot consent (if they have learning disabilities, for example). Nevertheless, some communities use religion and culture as a way to coerce a person into marriage. Schools can play an important role in safeguarding children from forced marriage.
Multi-agency practice guidelines: handling cases of forced marriage (pages 75-80 of which focus on the role of schools and colleges) and, Multi-agency statutory guidance for dealing with forced marriage, which can both be found at:
School and college tutorscan contact the Forced Marriage Unit if they need advice or information: Contact: 020 7008 0151 or email fmu@fcdo.gov.uk.
Preventing Radicalisation: Children are vulnerable to extremist ideology and radicalisation. Similar to protecting children from other forms of harms and abuse, protecting children from this risk will be a part of a schools’ safeguarding approach.
Extremism is the vocal or active opposition to our fundamental values, including democracy, the rule of law, individual liberty and the mutual respect and tolerance of different faiths and beliefs. This also includes calling for the death of members of the armed forces.
Radicalisation refers to the process by which a person comes to support terrorism and extremist ideologies associated with terrorist groups.
Terrorism is an action that endangers or causes serious violence to a person/people; causes serious damage to property; or seriously interferes or disrupts an electronic system. The use or threat must be designed to influence the government or to intimidate the public and is made for the purpose of advancing a political, religious or ideological cause.
There is no single way of identifying whether a child is likely to be susceptible to an extremist
Background factors combined with specific influences such as family and friends may contribute to a child’s vulnerability. Similarly, radicalisation can occur through many different methods (such as social media or the internet) and settings (such as within the home).
However, it is possible to protect vulnerable people from extremist ideology and intervene to prevent those at risk of radicalisation being radicalised. As with other safeguarding risks, tutorswill be alert to changes in children’s behaviour, which could indicate that they may be in need of help or protection. Tutorswill use their judgement in identifying children who might be at risk of radicalisation and act proportionately which may include the designated safeguarding lead (or deputy) making a Prevent referral.
Roxstar (sole trader) will be aware of local procedures for making a Prevent referral.
Lesbian, Gay, Bi or Trans (LGBT): The fact that a child or a young person may be LGBT is not in itself an inherent risk factor for harm. However, children who are LGBT can be targeted by other children. In some cases, a child who is perceived by other children to be LGBT (whether they are or not) can be just as vulnerable as children who identify as LGBT.
Risks can be compounded where children who are LGBT lack a trusted adult with whom they can be open. To address this:
• Roxstar (sole trader) provides a safe space for all students, but has identified and trained tutors allies, to provide bespoke support for LGBTQ+ students. These tutors are easily identifiable with rainbow lanyards and known to students.
Wellbeing for all students is a whole school priority, and students who identify as LGBTQ+ participate in all areas of school life, providing positive role models for younger students.
Children and the court system: Children are sometime required to give evidence in criminal courts, either for crimes committed against them or for crimes they have witnessed, and this will be stressful for them. Making child arrangements following separation can also be stressful and entrench conflict in families. Tutorswill be alert to the needs of such students and report any concerns to the LADO or DLADO in accordance with this policy.
Children with family members in prison: Children who have a parent in prison are at risk of poor outcomes including poverty, stigma, isolation and poor mental health. Tutorswill be alert to the needs of such students and report any concerns to the LADO or DLADO in accordance with this policy. Support from relevant charities, professional bodies and social services will be used wherever appropriate and possible.
Child abduction and community safety incidents: Child abduction is the unauthorised removal or retention of a minor from a parent or anyone with legal responsibility for the child. Child abduction can be committed by parents or other family members; by people known but not related to the victim (such as neighbours, friends and acquaintances); and by strangers.
Other community safety incidents in the vicinity of a school can raise concerns amongst children and parents, for example, people loitering nearby or unknown adults engaging children in conversation.
As children get older and are granted more independence (for example, as they start walking to school on their own) it is important they are given practical advice on how to keep themselves safe. Many schools provide outdoor-safety lessons run by teachers or by local police staff.
It is important that lessons focus on building children’s confidence and abilities rather than simply warning them about all strangers. Further information is available at: www.actionagainstabduction.org and www.clevernevergoes.org.
Children in need: defined under the Children Act 1989 as a child who is unlikely to achieve or maintain a reasonable level of health or development, or whose health or development is likely to be significantly or further impaired, without the provision of services; or a child with a disability. Local authorities are required to provide services to safeguard or promote the welfare of children in need, and they may be assessed under s17 Children Act 1989.
Domestic abuse: Domestic abuse can encompass a wide range of behaviours and
may be a single incident or a pattern of incidents. That abuse can be, but is not limited to, psychological, physical, sexual, financial or emotional. Children can be victims of domestic abuse. They may see, hear, or experience the effects of abuse at home and/or suffer domestic abuse in their own intimate relationships (teenage relationship abuse). All of which can have a detrimental and long-term impact on their health, well-being, development, and ability to learn.
Homelessness: Indicators that a family may be at risk of homelessness include household debt, rent arrears, domestic abuse and anti-social behaviour, as well as the family being asked to leave a property. The LADO or DLADO will raise/progress any concerns about homelessness with the Local Housing Authority although this does not replace a referral into children’s social care where a child has been harmed or is at risk of harm.
Child on child abuse / 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):
Sexual violence
It is important that school tutorsare aware of sexual violence and the fact children can, and sometimes do, abuse their peers in this way. When referring to sexual violence we are referring to sexual violence offences under the Sexual Offences Act 2003 as described below:
Rape: A person (A) commits an offence of rape if: he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration and A does not reasonably believe that B consents.
Assault by Penetration: A person (A) commits an offence if: s/he intentionally penetrates the vagina or anus of another person (B) with a part of her/his body or anything else, the penetration is sexual, B does not consent to the penetration and A does not reasonably believe that B consents.
Sexual Assault: A person (A) commits an offence of sexual assault if: s/he intentionally touches another person (B), the touching is sexual, B does not consent to the touching and A does not reasonably believe that B consents.
Causing someone to engage in sexual activity without consent: A person (A) commits an offence if: s/he intentionally causes another person (B) to engage in an activity, the activity is sexual, B does not consent to engaging in the activity, and A does not reasonably believe that B consents. This could be forcing someone to strip, touch themselves sexually, or to engage in sexual activity with a third party.
What is consent? Consent is about having the freedom and capacity to choose. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice.
Sexual harassment
When referring to sexual harassment we mean ‘unwanted conduct of a sexual nature’ that can occur online and offline. When we reference sexual harassment, we do so in the context of child on child sexual harassment. Sexual harassment is likely to: violate a child’s dignity, and/or make them feel intimidated, degraded or humiliated and/or create a hostile, offensive or sexualised environment.
Whilst not intended to be an exhaustive list, sexual harassment can include:
Upskirting
The Voyeurism (Offences) Act 2019, which is commonly known as the Upskirting Act, came into force on 12 April 2019. ‘Upskirting’ is where someone takes a picture under a person’s clothing (not necessarily a skirt) without their permission and or knowledge, with the intention of viewing their genitals or buttocks (with or without underwear) to obtain sexual gratification, or cause the victim humiliation, distress or alarm. It is a criminal offence. Anyone of any sex, can be a victim.
Mental Health: All tutorswill also 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. Only appropriately trained professionals will attempt to make a diagnosis of a mental health problem. Tutorsare well placed to observe children day-to-day and identify those whose behaviour suggests that they may be experiencing a mental health problem or be at risk of developing one. Where children have suffered abuse and neglect, or other potentially traumatic adverse childhood experiences, this can have a lasting impact throughout childhood, adolescence and into adulthood. It is key that tutorsare aware of how these children’s experiences, can impact on their mental health, behaviour and education.
If tutorshave a mental health concern about a child that is also a safeguarding concern, immediate action will be taken, following their child protection policy and speaking to the designated safeguarding lead or a deputy.
Reference will be made to:
Mental Health and Behaviour in schools DfE guidance (November 2018);
DfE guidance ‘promoting and supporting mental health and wellbeing in schools, which details numerous resources available to schools; and
Public Health England: Promoting children and young people’s emotional health and wellbeing a whole school and college approach
Paragraphs 183-185 of ‘Keeping Children Safe in Education’ (DfE, 2023)
Modern Slavery and the National Referral Mechanism
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.
Further information on the signs that someone may be a victim of modern slavery, the support available to victims and how to refer them to the NRM is available in the Modern Slavery Statutory Guidance. Modern slavery: how to identify and support victims - GOV.UK (www.gov.uk)
Cybercrime
Cybercrime is criminal activity committed using computers and/or the internet. It is broadly categorised as either ‘cyber-enabled’ (crimes that can happen off-line but are enabled at scale and at speed on-line) or ‘cyber dependent’ (crimes that can be committed only by using a computer). Cyber- dependent crimes include;
Children with particular skills and interests in computing and technology may inadvertently or deliberately stray into cyber-dependent crime.
If there are concerns about a child in this area, the designated safeguarding lead (or a deputy), will consider referring to the Cyber Choices programme. This is a nationwide police programme supported by the Home Office and led by the National Crime Agency, working with regional and local policing. It aims to intervene where young people are at risk of committing, or being drawn into, low-level cyber-dependent offences and divert them to a more positive use of their skills and interests.
Note that Cyber Choices does not currently cover ‘cyber-enabled’ crimes such as fraud, purchasing of illegal drugs online and child sexual abuse and exploitation, nor other areas of concern such as online bullying or general online safety.
Additional advice can be found at: Cyber Choices, ‘NPCC- When to call the Police and
National Cyber Security Centre - NCSC.GOV.UK
A Whole School Culture of Safeguarding
The Public Sector Equality Duty helps schools and colleges (which are subject to it) to focus on key issues of concern and how to improve pupil and pupil outcomes. Some students or students may be more at risk of harm from specific issues such as sexual violence, homophobic, biphobic or transphobic bullying or racial discrimination. Such concerns will differ between education settings, but it is important that schools and colleges are conscious of disproportionate vulnerabilities and integrate this into their safeguarding policies and procedures.
ADDENDUM 1 - Intra-Familial harms
APPENDIX 2 – MEET THE SAFEGUARDING TEAM
If you have any concerns please contact Roxstar (sole trader) on 07584208696
The Designated Safeguarding Lead is: Donna tomlinson
Appendix 3: External Contacts
External Contact details
Local Authority Designated Officer: Mirian Williams and Donna Tomlinson
TEL: 0330 222 6450
EMAIL: LADO@westsussex.gov.uk
Local Authority Children’s Social Services
TEL: 01403 229 900
EMAIL: WSChildrenServices@westsussex.gov.uk OUT OF HOURS EMERGENCY
DUTY TEAM TEL: 0330 222 6664
Integrated Front Door (MASH)
TEL: 01403 229 900
EMAIL: WSChildrenServices@westsussex.gov.uk
Police
EMERGENCY: 999
NON EMERGENCY NUMBER: 101 and ask for the prevent team
EMAIL: prevent@sussex.pnn.police.uk
Local Authority Prevent Lead
Beverly.knight@westsussex.gov.uk
TEL: 0330 222 4223 | Mobile 0789 458 9071
EMAIL: beverly.knight@westsussex.gov.uk
Department for Education
NON EMERGENCY NUMBER: 020 7340 7264
EMAIL: counter.extremism@education.gsi.gov.uk
NSPCC
TEL: 0808 800 5000
EMAIL: help@nspcc.org.uk
Disclosure and Barring Service
ADDRESS: DBS customer services, PO Box 3961, Royal Wootton Bassett, SN4 4HF, United Kingdom
TEL: 03000 200 190
EMAIL: customerservices@dbs.gov.uk
Teaching Regulation Agency
TEL: 0207 593 5393
EMAIL: misconduct.teacher@education.gov.uk
OFSTED (Concerns)
TEL: 0300 123 4666
EMAIL: CIE@ofsted.gov.uk
Appendix 4 : Relationship guidelines
Roxstar (sole trader) NOTES OF GUIDANCE FOR
Tutor-PUPIL RELATIONSHIPS 2023
The relationship between tutors and pupil is a professional, caring relationship.
There is a power imbalance in the relationship that teachers must be always aware of and behave accordingly, as the powerful person in the relationship.
A personal relationship between tutorsand pupil is not appropriate under any circumstances, except where there is an existing relationship prior to the tutors/ student joining Roxstar (sole trader). This may include knowing a child through your own children or a friend’s child being accepted to Roxstar (sole trader).
Physical contact can be therapeutic and necessary when used with care. Physical contact should be used within the context of a student’s therapeutic or support plan. Physical contact may be used during demonstrations, falls or to support a student who is distressed. This must be done with care and caution.
All tutorswill be trained in Team Teach. The use of physical touch and restrained as guided in this training must be adhered to at all time.
ADDENDUM 1
Intra-Familial harms: Intra-familial child sexual abuse refers to child sexual abuse (CSA) that occurs within a family environment. Perpetrators may or may not be related to the child. The key consideration is whether the abuser feels like family from the child’s point of view. Where research has recorded the gender of perpetrators of intra-familial CSA, the vast majority have been found to be male, although abuse by women does occur. In around a quarter of cases, the perpetrator is under 18.CSA in the family is rarely an isolated occurrence and may go on for many years. Much abuse in the family remains undisclosed. Children may fear their abuser, not want their abuser to get into trouble, feel that the abuse was ‘their fault’, and feel responsible for what will happen to their family if they tell. Disabled children and some black, Asian, and minority ethnic children face additional barriers. Abuse by a family member may be particularly traumatic because it involves high levels of betrayal, stigma and secrecy. CSA in the family is linked to a range of negative outcomes over the whole of the life course, including poorer physical and mental health, lower income, relationship difficulties, and further violence and abuse. It is important to provide support to the whole family, and particularly to non-abusing parents, following abuse.
V1 reviewed Sept 23
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