Staff Policies
Safer Working Practices
Extract from Document produced by Charlie Caterpillars February 2015, Adopted for Policy Guidance Feb 2016
All adults working in the setting should know the name of the Settings Safeguarding Officer and know and follow relevant child protection policy and procedures. All staff have a duty to report any child protection concerns to their designated person for child protection.
Anyone who has concerns or is in doubt should refer to the Appendix 1 and 2, for further information and guidance on Walsall’s Safeguarding Procedures please visit http://wlscb.org.uk/wscb/wscb-structure/structure/
Underpinning principles
- The welfare of the child is paramount
- Staff should understand their responsibilities to safeguard and promote the welfare of all children
- Staff are responsible for their own actions and behaviour and should avoid any conduct which would lead any reasonable person to question their motivation and intentions
- Staff should work, and be seen to work, in an open and transparent way
- Staff should acknowledge that deliberately invented/malicious allegations are extremely rare and that all concerns should be reported and recorded
- Staff should discuss and/or take advice promptly from their line manager if they have acted in a way which may give rise to concern
- Staff should apply the same professional standards regardless of culture, disability, gender, language, racial origin, religious belief and sexual orientation
- Staff should not consume or be under the influence of alcohol or any substance, including prescribed medication, which may affect their ability to care for children
- Staff should be aware that breaches of the law and other professional guidelines could result in disciplinary action being taken against them, criminal action and/or other proceedings including barring by the Disclosure & Barring Service (DBS) from working in regulated activity, or for acts of serious misconduct
- Staff and managers should continually monitor and review practice to ensure this guidance is followed
- Staff should be aware of and understand their establishment’s child protection policy, arrangements for managing allegations against staff, staff behaviour policy, whistle blowing procedure and their Local Safeguarding Children Board LSCB procedures.
In the event of a concern about a child or adult click on the buttons above and follow the flow chart to report.
Appendix 1 – What to do if you have concerns that a child is being abused
Appendix 2 – Managing Allegations against Staff and Volunteers
Duty of Care
All adults are accountable in the way in which they;
- Exercise authority
- Manage risk
- Use resources
- Safeguard children and young people
All adults have a duty to keep children and young people safe and to protect them from abuse (sexual, physical and emotional), neglect and safeguarding concerns. Children have the right to be safe and to be treated with respect and dignity.
All adults are expected to take reasonable steps to ensure the safety and well-being of children and young people. Failure to do so may be regarded as professional misconduct.
Our safeguarding culture promotes respectful and caring relationships between adults and children and young people should be developed. The behaviour of the adult should at all times demonstrate integrity, maturity and good judgment.
High standards of behaviour from adults are expected, when individuals accept a role working within the setting, they understand and acknowledge the responsibilities and trust involved in that role.
Employers have duties towards their employees and voluntary workers under Health and Safety legislation to provide guidance to provide a safe working environment for staff.
Employers also have a duty of care for the well-being of employees and to ensure that employees are treated fairly and reasonably in all circumstances.
Adults who are subject to an allegation should therefore be supported and the principles of natural justice applied.
A duty is also imposed on employees to take care of themselves and anyone else who may be affected by their actions or failings. An employer’s duty of care and the adult’s duty of care towards children should not conflict.
Adults should;
Staff to clearly understand responsibilities which are part of their role
Take responsibility for their own actions and behaviour
Employers should;
Safeguarding and child protection policies and procedures are adopted
Code of conduct/practices are monitored and reviewed
Culture of openness and support
Systems are clear and in place for concerns to be raised
All staff have access to and understand this guidance & related policies/procedures
Job descriptions & person specifications clearly identify the competences required
Making a Professional Judgement
There may be occasions and circumstances in which adults must make decisions or take action in the best interests of the child or young person which could contravene this guidance or where no guidance exists.
Individuals are expected to make judgements about their behaviour in order to secure the best interests and welfare of the children in their care. Such judgements, in these circumstances, should always be recorded and shared with a senior manager. In undertaking these actions individuals will be seen to be acting reasonably.
Adults should always consider whether their actions are warranted, proportionate and safe and applied equitably.
What does this mean?
Adults should;
Discuss the circumstances that informed their action or their proposed action with a senior manager
Report any actions which could be misinterpreted to their senior manager
Discuss any misunderstanding, accidents or threats with a senior manager
Always record discussions and reasons why actions were taken
Record any areas of disagreement about course of action taken and if necessary, referred to a higher authority
Power and Positions of Trust and Authority
As a result of their knowledge, position and/or the authority invested in their role, all adults working with children and young people are in positions of trust in relation to the young people in their care.
It is vital for all those in positions of trust to understand the power this can give them over those they care for and the responsibility they must exercise as a consequence of this relationship.
A relationship between an adult and a child or young person cannot be a relationship between equals. There is potential for exploitation and harm of vulnerable young people. Adults have a responsibility to ensure that an unequal balance of power is not used for personal advantage or gratification.
Adults should always maintain appropriate professional boundaries and avoid behaviour which might be misinterpreted by others. They should report and record any incident with this potential.
Where a person 18 or over is in a specified position of trust with a child under 18, it is an offence for that person to engage in sexual activity with or in the presence of that child, or to cause or incite that child to engage in or watch sexual activity.
What does this mean?
Adults should not;
Use their position to gain access to information for their own or others advantage
Use their position to intimidate, bully, humiliate, threaten, coerce or undermine children or young people
Use their status and standing to inform or promote relationships which are of a sexual nature
Confidentiality
Confidential information that adults have access to they may be highly sensitive or private must always be kept confidential and only shared when it is in interests of the child to do so. Such information must not be used to intimidate, humiliate or embarrass the child or young person concerned.
If an adult is in any doubt about whether to share information or keep it confidential, he or she should seek guidance from a senior staff or the nominated safeguarding officer.
Storing and processing of personal information is governed by the General Data Protection Regularion 2018. Employers should provide clear guidance to adults about their responsibilities under this legislation. All staff that need to share ‘special category personal data’ under stafeguarding of children and individuals at risk should be aware of GDPR. This allows practitioners to share information without consent, if it is not possible to gain consent, it cannot be reasonably expected that a practitioner gains consent or if to gain consent would place a child at risk.
Whilst adults need to be aware of the need to listen to and support children and young people, they must also understand the importance of not promising to keep secrets. Neither should they request this of a child young person under any circumstances.
Additionally, concerns and allegations about adults should be treated as confidential and passed to a senior manager without delay.
What does this mean?
Adults should;
Staff to clearly understand when information can be shared and in what circumstances it is appropriate to do so
Staff are expected to treat information they receive discreet and in a confidential manner
Staff should seek advice from a senior member of staff if they are in any doubt about sharing information
Staff need to know to whom any concerns or allegations should be reported
Standards of Behaviour
All adults working with children and young people have a responsibility to maintain public confidence in their ability to safeguard the welfare and best interests of children and young people. It is therefore expected that they will adopt high standards of personal conduct in order to maintain the confidence and respect of their peers and the public in general.
Adults should be aware that their behaviour, either in or out of the workplace, could compromise her/his position within the work setting.
There may be times, for example, when an adult’s behaviour or actions in their personal life come under scrutiny from local communities, the media or public authorities, including with regard to their own children, or children or adults in the community.
Adults should be aware that their behaviour, either in or out of the workplace, could compromise their position within the work setting in relation to the protection of children, loss of trust and confidence, or bringing the employer into disrepute. Such behaviour may also result in disqualification for childcare by Ofsted or a bar from working with children by the DBS or the relevant regulatory body.
The Childcare (Disqualification) regulations 2018 and Sec 75 and 76 Childcare Act 2006 sets out grounds for disqualification where the person, a person living with them, a person who works with them and cares for children, or lives and works on the premises where childcare is provided has either committed a relevant offence against a child; been subject to an order or determination removing a child from their care or preventing a child living with them; committed certain serious sexual or physical offences against an adult; been charged with certain offences against an adult; been included on the DBS children’s barred list; been made subject to a disqualification order by the court; previously been refused registration as a childcare provider or provider or manager of a children’s home or had such registration cancelled.
What does this mean?
Adults should not;
Behave in a manner which would lead any reasonable person to question their suitability to work with children or act as a role model
Make, or encourage others to make, unprofessional personal comments which scapegoat, demean or humiliate, or which might be interpreted as such
Dress and Appearance
A person’s dress and appearance are matters of personal choice and self-expression. Adults should always dress in ways, which are appropriate to their role, and this may need to be different to how they dress when not at work.
Adults who work with children and young people should ensure they take care to ensure they are dressed appropriately for the tasks and the work they undertake.
What does this mean?
Adults should wear clothing which;
Is appropriate to their role
Is not likely to be viewed as offensive, revealing or sexually provocative
Does not distract, cause embarrassment or give rise to misunderstanding
Is absent of any political or otherwise contentious slogans
Is not considered to be discriminatory and is culturally sensitive
Gifts, Rewards, Favouritism and Exclusion
The giving of gifts or rewards to children or young people should be part of an agreed policy for supporting positive behaviour or recognising achievements. In some situations, the giving of gifts as rewards may be accepted practice for a group of children, whilst in other situations the giving of a gift to an individual child or young person will be part of an agreed plan, recorded and discussed with senior manager and the parent or carer.
It is acknowledged that there are specific occasions when adults may wish to give a child or young person a personal gift. This is only acceptable practice where, in line with the agreed policy, the adult has first discussed the giving of the gift and the reason for it, with the senior manager and/or parent or carer and the action is recorded. Any gifts should be given openly and not be based on favouritism. Adults need to be aware however, that others can misinterpret the giving of gifts as a gesture either to bribe or groom a young person.
Adults should exercise care when selecting children and/or young people for specific activities or privileges to avoid perceptions of favouritism or unfairness. Similar care should be exercised when pupils are excluded from activities. Methods and criteria for selection and exclusion should always be transparent and subject to clear, fair, agreed criteria.
Care should also be taken to ensure that adults do not accept any gift that might be construed as a bribe by others or lead the giver to expect preferential treatment.
There are occasions when children, young people or parents wish to pass small tokens of appreciation to adults e.g. on special occasions or as a thank-you and this is acceptable. However, it is unacceptable to receive gifts on a regular basis or of any significant value.
What does this mean?
Adults should;
Be aware of their organisation’s policy on the giving and receiving of gifts
Ensure that gifts received or given in situations which may be misconstrued are declared
Generally, only give gifts to an individual young person as part of an agreed reward system
Where giving gifts other that as above ensure that these are on insignificant value
Ensure that all section processes which concern children and young people are fair and that wherever practicable these are undertaken and agreed by more than one member of staff
Infatuations
Occasionally a child or young person may develop infatuation with an adult who works with them.
Adults should make every effort to ensure that their own behaviour cannot be brought into question, does not appear to encourage this and be aware that such infatuations may carry a risk of their words or actions being misinterpreted.
Any member of staff who receives a report, overhears something, or otherwise notices any sign, however small or seemingly insignificant, that a young person has become or may be becoming infatuated with either themselves or a colleague, should immediately report this to the safeguarding officer. Appropriate early intervention can be taken which can prevent escalation and avoid hurt, embarrassment or distress for those concerned.
These adults should deal with these situations sensitively and appropriately to maintain the dignity and safety of all concerned. They should remain aware, however, that such infatuations carry a high risk of words or actions being misinterpreted and should therefore make every effort to ensure that their own behaviour is above reproach.
An adult, who becomes aware that a child or young person is developing an infatuation, should discuss this at the earliest opportunity with a senior manager or parent/carer so appropriate action can be taken to avoid any hurt, distress or embarrassment.
What does this mean?
Adults should;
Report and record any incidents or indications (verbal, written or physical) that suggest a child or young person may have developed an infatuation with an adult in the workplace
Always acknowledge and maintain professional boundaries
Social Contact
Adults who work with children and young people should not establish or seek to have social contact with children or their families for the purpose of securing a friendship or to pursue or strengthen a relationship. Staff should be aware that such social contact could be misconstrued as grooming.
Where social contact is an integral part of work duties, e.g. pastoral work in the community, care should be taken to maintain appropriate personal and professional boundaries. This also applies to social contacts made through interests outside of work or through the adult’s own family or personal networks.
It is recognised that staff can support a parent who may be in particular difficulty. Care needs to be exercised in those situations where the parent comes to depend upon the staff member for support outside of their professional role. This situation should be discussed with senior management and where necessary referrals made to the appropriate support agencies.
What does this mean?
Adults should;
Have no secret social contact with children and young people or their parents
Consider the appropriateness of the social contact according to their role and nature of their work
Always approve any planned social contact with children or parents with senior colleagues
Advise senior management of any social contact they have with a child or a parent with whom they work, which may give rise to concern
Report and record any situation, which may place a child at risk or which may compromise the organisation or their own professional standing
Be aware that the sending of personal communications such as birthday or faith cards should always be recorded and/or discussed with line manager
Understand that some communications may be called into question and need to be justified
Communication (incl Technology)
Communication between children and adults, by whatever method, should take place within clear and explicit professional boundaries. This includes the wider use of technology such as mobile phones, text messaging, e-mails, digital cameras, videos, web-cams, websites, blogs and any forms of social media.
Staff should not discuss or share data relating to children, parents or carers in staff social media groups.
Adults should also be careful in their communications with children so as to avoid any possible misinterpretation of their motives or any behaviour, which could be interpreted as grooming.
Adults should not give their personal contact details to children and young people including e-mail, address, home or mobile telephone numbers, social media information or details of web based identities. If children or families locate these by any other means and attempt to contact or correspond with the staff member, they should not respond, report the matter to the Safeguarding Officer who will firmly and politely inform the child and parents that this is not acceptable.
Staff should, in any communication with children and parents, follow the guidance in “Standards of Behaviour”.
E-mail or text communications between an adult and a child young person outside agreed protocols may lead to disciplinary and/or criminal investigations. This also includes communications through internet based web sites.
Internal e-mail systems should only be used in accordance with the organisation’s policy.
What does this mean?
The organisation should;
Have a communication policy which specifies acceptable and possible modes of communication
Adults should;
Not give their personal contact details to children or young people, including their mobile telephone number or details of any blogs or personal websites
Only use equipment e.g. Mobile phones, provided by organisation to communicate with children, make sure that parents have given permission for this form of communication to be used
Only make contact with children for professional reasons and in accordance with any organisational policy
Recognise that text messaging is rarely an appropriate response to a child in a crisis situation or at risk of harm. It should only be used as a last resort when other forms of communication are not possible
Not use internet or web-based communication channels to send personal messages to a child/young person
Ensure that if a social networking site is used, details are not shared with children and young people and privacy settings are set at maximum
Photography & Videos
Working with children and young people may involve the taking or recording of images. These may be undertaken as part of the EYFS, Learning journeys, for publicity or to celebrate achievement. Any such work should take place with due regard to the law and the need to safeguard the privacy, dignity, safety and well- being of children and young people. Informed written consent from parents or carers and agreement, where possible, from the child or young person, should always be sought before an image is taken for any purpose.
Careful consideration should be given as to how activities involving the taking of images are organised and undertaken. Care should be taken to ensure that all parties understand the implications of the image being taken especially if it is to be used for any publicity purposes or published in the media, or on the Internet. There also needs to be an agreement as to whether the images will be destroyed or retained for further use, where these will be stored and who will have access to them.
Adults need to remain sensitive to any children who appear uncomfortable, for whatever reason, and should recognise the potential for such activities to raise concerns or lead to misunderstandings.
It is not appropriate for adults to take photographs of children for their personal use.
What does this mean?
Adults should;
Be clear about the purpose of the activity and about what will happen to the images when the activity is concluded
Be able to justify images of children in their possession
Avoid making images in one to one situations or which show a single child with no surrounding context
Ensure the child/young person understands why the images are being taken and has agreed to the activity and that they are appropriately dressed.
Only use equipment provided or authorised by the setting
Report any concerns about any inappropriate or intrusive photographs found
Always ensure they have parental permission to take and/or display photographs
Adults should not;
Display or distribute images of children unless they have consent to do so from parents/carers
Use images which may cause distress
Use mobile telephones or any other similar devices to take images of children
Take images ‘in secret’ or taking images in situations that may be construed as being secretive.
Access to Inappropriate Images and Internet Usage
There are no circumstances that will justify adults possessing indecent images of children. Adults who access and possess links to such websites will be viewed as a significant and potential threat to children. Accessing, making and storing indecent images of children on the internet is illegal. This will lead to criminal investigation and the individual being barred from working with children and young people, if proven.
Adults should not use equipment belonging to their organisation to access adult pornography; neither should personal equipment containing these images or links to them be brought into the workplace. This will raise serious concerns about the suitability of the adult to continue to work with children.
Adults should ensure that children and young people are not exposed to any inappropriate images or web links. Organisations and adults need to ensure that internet equipment used by children have the appropriate controls with regards to access. E.g. personal passwords should be kept confidential.
Where indecent images of children or other unsuitable material are found, the police and Local Authority Designated Officer (LADO) should be immediately informed. Adults should not attempt to investigate the matter or evaluate the material themselves, as this may lead to evidence being contaminated which in itself can lead to a criminal prosecution.
What does this mean?
Organisations should;
Have clear e-safety policies in place about access to and use of the internet
Make guidance available to both adults and pupils about appropriate usage.
Adults should;
Follow their setting guidance on the use of IT equipment
Ensure that children are not exposed to unsuitable material on the internet
Ensure that any films or material shown to pupils are age appropriate
Physical Contact
Many jobs within the children’s workforce require physical contact with children as part of their role. There are also occasions when it is entirely appropriate for other adults to have some physical contact with the child or young person with whom they are working.
However, it is crucial that in all circumstances, adults should only touch children in ways, which are appropriate to their professional or agreed role and responsibilities.
Not all children and young people feel comfortable about physical contact, and adults should not make the assumption that it is acceptable practice to use touch as a means of communication. Permission should be sought from a child or young person before physical contact is made. Where the child is very young, there should be a discussion with the parent or carer about what physical contact is acceptable and/or necessary.
When physical contact is made with a child this should be in response to their needs at the time, of limited duration and appropriate to their age, stage of development, gender, ethnicity and background. It is not possible to be specific about the appropriateness of each physical contact, since an action that is appropriate with one child in one set of circumstances may be inappropriate in another, or with a different child. Adults, nevertheless, should use their professional judgement at all times, observe and take note of the child’s reaction or feelings and – so far as is possible – use a level of contact and/or form of communication which is acceptable to the child for the minimum time necessary.
Physical contact, which occurs regularly with an individual child or young person, is likely to raise questions unless there is explicit agreement on the need for, and nature of, that contact. This would then be part of a formally agreed plan or within the parameters of established, agreed and legal professional protocols on physical contact e.g. sport activities or medical procedures. Any such arrangements should be understood and agreed by all concerned, justified in terms of the child’s needs, consistently applied and open to scrutiny.
Physical contact should never be secretive, or for the gratification of the adult, or represent a misuse of authority. If an adult believes that their action could be misinterpreted, or if an action is observed by another as being inappropriate or possibly abusive, the incident and circumstances should be reported to the senior manager outlined in the procedures for handling allegations and an appropriate record made. Parents/carers should also be informed in such circumstances.
Where a child seeks or initiates inappropriate physical contact with an adult, the situation should be handled sensitively and care taken to ensure that contact is not exploited in any way. Careful consideration must be given to the needs of the child and advice and support given to the adult concerned.
It is recognised that some children who have experienced abuse may seek inappropriate physical contact. Adults should be particularly aware of this when it is known that a child has suffered previous abuse or neglect. In the child’s view, physical contact might be associated with such experiences and lead to some actions being misinterpreted. In all circumstances where a child or young person initiates inappropriate physical contact, it is the responsibility of the adult to sensitively deter the child and help them understand the importance of personal boundaries. Such circumstances must always be reported and discussed with a senior manager and the parent/carer.
What does this mean?
Adults should;
- Be aware that even well intentioned physical contact may be misconstrued by the child, an observer or by anyone to whom this action is described
- Never touch a child in a way which may be considered indecent
- Always be prepared to report and explain actions and accept that all physical contact be open to scrutiny
- Not indulge in horseplay
- Always encourage children, where possible, to undertake self-care tasks independently
- Work within Health and Safety regulations
- Be aware of cultural or religious views about touching and always be sensitive to issues of gender
- Understand that physical contact in some circumstances can be easily misinterpreted
- What does this mean?
- The organisation should;
- Ensure they have a system in place for recording incidents and the means by which information about incidents and outcomes can be easily accessed by senior management
- Make adults aware of relevant professional or service guidance in respect of physical contact with children and meeting medical needs of pupils where appropriate
- Be explicit about what physical contact is appropriate for adults working in their setting
- Provide staff, on a “need to know” basis, with relevant information about vulnerable pupils in their care
- Make staff aware of most recent government guidance in respect of physical contact with pupils and meeting medical needs of children and young people in school
Children & Young People in Distress
There are some settings, where adults are involved in managing significant or regular occurrences of distress and emotional upset in children, for example in mental health services, residential care provision etc. In these circumstances professional guidance should be followed, and adults should be aware of what is and what is not acceptable behaviour when comforting a child or diffusing a situation. This is particularly important when working on a one-to-one basis.
For all other adults working with children there will be occasions when a distressed child needs comfort and reassurance and this may involve physical contact. Young children, in particular, may need immediate physical comfort, for example after a fall, separation from parent etc. Adults should use their professional judgement to comfort or reassure a child in an age-appropriate way whilst maintaining clear professional boundaries.
Where an adult has a particular concern about the need to provide this type of care and reassurance, or is concerned that an action may be misinterpreted, this should be reported and discussed with a senior manager and parents/carers.
What does this mean?
Adults should;
Consider the way in which they offer comfort and reassurance to a distressed child and do it in an age- appropriate way
Circumspect in offering reassurance in one to one situations, but always record such actions in these circumstances
Follow professional guidance or Code of conduct
Never touch a child in a way which may be considered indecent
Record and report situations which may give rise to concern from either party
Not assume that all children seek physical comfort if they are distressed
Intimate Care
Charlie’s company polices ensure that the health, safety and welfare of the children is promoted, and their dignity and privacy is respected. Key Person job responsibilities necessitate intimate physical contact with children on a regular basis, for example assisting young children with nappy changing, and toileting, providing intimate care for children with disabilities or in the provision of medical care. The nature, circumstances and context of such contact should comply with professional codes of practice or guidance and/or be part of a formally agreed plan, which is regularly reviewed. The additional vulnerabilities that may arise from a physical or learning disability should be taken into account and be recorded as part of an agreed care plan. The emotional responses of any child to intimate care should be carefully and sensitively observed, and where necessary, any concerns passed to senior managers and/or parents/carers.
All children have a right to safety, privacy and dignity when contact of a physical or intimate nature is required and depending on their abilities, age and maturity should be encouraged to act as independently as possible.
The views of the child should be actively sought, wherever possible, when drawing up and reviewing formal arrangements. As with all individual arrangements for intimate care needs, agreements between the child, parents/carers and the organisation must be negotiated and recorded.
What does this mean?
Adults should;
Consider adhere to the settings intimate care guidelines or Code of conduct
Make other staff aware of the task being undertaken
Explain to the child what is happening
Consult with senior managers and parents/carers where any variation from agreed procedure/care plan is necessary
Record the justification for any variations to the agreed procedure/care plan and share this information with parents
Ensure that any changes to the agreed care plan are discussed, agreed and recorded.
Personal Care
Young people are entitled to respect and privacy at all times and especially when in a state of undress, changing clothes, bathing or undertaking any form of personal care. There are occasions where there will be a need for an appropriate level of supervision in order to safeguard young people and/or satisfy health and safety considerations.
This supervision should be appropriate to the needs and age of the young people concerned and sensitive to the potential for embarrassment.
Adults need to be vigilant about their own behaviour, ensure they follow agreed guidelines and be mindful of the needs of the children and young people with whom they work.
What does this mean?
Adults should;
Avoid any physical contact when children are in a state of undress
Avoid any visually intrusive behaviour
Where there are changing rooms announce their intention of entering
What does this mean?
Adults should not;
Change in the same place as children
Shower or bathe with children
Assist with any personal care task which a child or young person can undertake by themselves
Behaviour Management
All children and young people have a right to be treated with respect and dignity even in those circumstances where they display difficult or challenging behaviour.
Adults should not use any form of degrading treatment to punish a child. The use of sarcasm, demeaning or insensitive comments towards children and young people is not acceptable in any situation. Any sanctions or rewards used should be part of a behaviour management policy which is widely publicised and regularly reviewed.
The use of corporal punishment is not acceptable and whilst there may be a legal defence for parents who physically chastise their children, this does not extend, in any circumstances, to those adults who work with or on behalf of children and young people.
Where children display difficult or challenging behaviour, adults must follow the behaviour policy outlined by their place of work, and use strategies appropriate to the circumstance and situation. The use of physical intervention can only be justified in exceptional circumstances and must be used as a last resort when other behaviour management strategies have failed.
Where a child has specific needs in respect of particularly challenging behaviour, a positive handling plan may be drawn up and agreed by all parties. Only in these circumstances should an adult deviate from the behaviour management policy of the organisation.
What does this mean?
Adults should;
Not use force as a form of punishment
Try to defuse situations before they escalate
Inform parents of any behaviour management techniques used
Adhere to the school/service’s behaviour management policy
Be mindful of factors which may impact upon a child or young person’s behaviour e.g. bullying, abuse and where necessary take appropriate action
What does this mean?
The organisation should;
Have in place appropriate behaviour management policies
Where the promotion of positive handling plans are developed in respect of an individual child or young person’s needs.
Care, Control & Physical Intervention
There are circumstances in which adults working with children displaying extreme behaviours can legitimately intervene by using either non-restrictive or restrictive physical interventions. This is a complex area and adults and organisations must have regard to government guidance and legislation and the policies and practice of their specific organisation.
The use of physical intervention should, wherever possible, be avoided. It should only be used to manage a child or young person’s behaviour if it is necessary to prevent personal injury to the child, other children or an adult, to prevent serious damage to property or in what would reasonably be regarded as exceptional circumstances. When physical intervention is used it should be undertaken in such a way that maintains the safety and dignity of all concerned.
The scale and nature of any physical intervention must be proportionate to both the behaviour of the individual to be controlled and the nature of the harm they may cause. The minimum necessary force should be used, and the techniques deployed in line with recommended policy and practice.
Under no circumstances should physical force or intervention be used as a form of punishment. The duty of care, which applies to all adults and organisations working with children and young people, requires that reasonable measures be taken to prevent children being harmed. The use of unwarranted physical force is likely to constitute a criminal offence.
In settings where restrictive physical interventions may need to be employed regularly, i.e. where adults are working with children with extreme behaviours associated with learning disability or autistic spectrum disorders, the employer should have a policy on the use of such intervention, as part of a wider behaviour management policy. Individual care plans, drawn up in consultation with parents/carers and where appropriate, the child, should set out the strategies and techniques to be used and those which should be avoided. Risk assessments should be carried out where it is foreseeable that restrictive physical intervention may be required.
In all cases where physical intervention is employed the incident and subsequent actions should be documented and reported. This should include written and signed accounts of all those involved, including the child or young person. The parents/carers should be informed the same day.
What does this mean?
Adults should;
Adhere to the settings physical intervention policy
Always seek to defuse situations
Always use minimum force for the shortest period necessary
Record and report as soon as possible after the event any incident where physical intervention has been used.
Sexual Contact
All adults should clearly understand the need to maintain appropriate boundaries in their contacts with children and young people. Intimate or sexual relationships between children/young people and the adults who work with them will be regarded as a grave breach of trust. Allowing or encouraging a relationship to develop in a way which might lead to a sexual relationship is also unacceptable.
Any sexual activity between an adult and the child or young person with whom they work may be regarded as a criminal offence and will always be a matter for disciplinary action.
Children and young people are protected by specific legal provisions regardless of whether the child or young person consents or not. The sexual activity referred to does not just involve physical contact including penetrative and non- penetrative acts. It may also include non-contact activities, such as causing children to engage in or watch sexual activity or the production of pornographic material. ‘Working Together to Safeguard Children’ defines sexual abuse as “forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening”.
There are occasions when adults embark on a course of behaviour known as ‘grooming’ where the sole purpose is to gain the trust of a child and manipulate that relationship so sexual abuse can take place. Adults should be aware that consistently conferring inappropriate special attention and favour upon a child might be construed as being part of a ‘grooming’ process and as such will give rise to concerns about their behaviour.
What does this mean?
Adults should not;
Have sexual relationships with children and young people
Have any form of communication with a child or young person which could be interpreted as sexually suggestive or provocative i.e. verbal comments, letters, notes, electronic mail, phone calls, texts, physical contact
Make sexual remarks to, or about, a child/young person
Discuss their own sexual relationships with or in the presence of children or young people
What does this mean?
Adults should;
Ensure that their relationships with children and young people clearly take place within the boundaries of a respectful professional relationship
Take care that their language or conduct does not give rise to comment or speculation. Attitudes, demeanour and language all require care and thought, particularly when members of staff are dealing with adolescent boys and girls.
What does this mean?
The organisation should;
Have a policy on the use of physical intervention in place that complies with government guidance and legislation and describes the context in which it is appropriate to use physical intervention
Ensure that an effective recording system is pace which allows for incidents to be tracked and monitored
Ensure adults are familiar with the above
Ensure that staff are appropriately trained
One to One Situations
All organisations working with or on behalf of children and young people should consider one to one situations when drawing up their policies.
It is not realistic to state that one to one situations should never take place. It is however, appropriate to state that where there is a need, agreed with a senior manager and/or parents/carers, for an adult to be alone with a child or young person, certain procedures and explicit safeguards must be in place. This also applies to those adults who do not work as part of the organisation but owe a duty of care to the child or young person because of the nature of their work.
Adults should be offered training and guidance for the use of any areas of the workplace which may place themselves or children in vulnerable situations. This would include those situations where adults work directly with children and young people in unsupervised settings and/or isolated areas within community settings or in street-based projects for example.
One to one situations have the potential to make child/young person more vulnerable to harm by those who seek to exploit their position of trust. Adults working in one to one settings with children and young people may also be more vulnerable to unjust or unfounded allegations being made against them. Both possibilities should be recognised so that when one to one situations are unavoidable, reasonable and sensible precautions are taken. Every attempt should be made to ensure the safety and security of children and young people and the adults who work with them.
There are occasions where managers will need to undertake a risk assessment in relation to the specific nature and implications of one to one work. These assessments should take into account the individual needs of the child/young person and the individual worker and any arrangements should be reviewed on a regular basis.
Meetings with children and young people outside agreed working arrangements should not take place without the agreement of senior managers and parents or carers.
What does this mean?
Adults should;
- Ensure that when lone working is an integral part of their role, full and appropriate risk assessments have been conducted and agreed
- Avoid meetings with a child or young person in remote, secluded areas
- Always inform other colleagues and/or parents/carers about the contact(s) beforehand, assessing the need to have them present or close by
- Avoid use of ‘engaged’ or equivalent signs wherever possible. Such signs may create an opportunity for secrecy or the interpretation of secrecy
- Always report any situation where a child becomes distressed or angry to a senior colleague
- Carefully consider the needs and circumstances of the child/children when in one to one situations
Transporting Children & Young People
There will be occasions when adults are expected or asked to transport children as part of their duties. Adults, who are expected to use their own vehicles for transporting children should ensure that the vehicle is roadworthy, appropriately insured and that the maximum capacity is not exceeded.
It is a legal requirement that all passengers should wear seat belts and it is the responsibility of the staff member to ensure that this requirement is met. Adults should also be aware of current legislation and adhere to the use of car seats for younger children. Where adults transport children in a vehicle which requires a specialist license/insurance e.g. PCV or LGV staff should ensure that they have an appropriate licence and insurance to drive such a vehicle.
It is inappropriate for adults to offer lifts to a child or young person outside their normal working duties, unless this has been brought to the attention of the line manager and has been agreed with the parents/carers.
Staff should not offer lifts to children or young people unless this has been greedd by a manager, there should be at least one adult addtional to the driver acting as an escort.
There may be occasions where the child or young person requires transport in an emergency situation or where not to give a lift may place a child at risk. Such circumstances must always be recorded and reported to a senior manager and parents/carers.
What does this mean?
Adults should;
- Ensure they are fit to drive and free from any drugs, alcohol or medicine which is likely to impair judgement and/ or ability to drive
- Be aware that the safety and welfare of the child is their responsibility until they are safely passed over to a parent/carer
- Record details of the journey in accordance with agreed procedures
- Ensure that their behaviour is appropriate at all times
- Ensure that there are proper arrangements in place to ensure vehicle, passenger and driver safety This includes having proper and appropriate insurance for the type of vehicle being driven
- Ensure that any impromptu or emergency arrangements of lifts are recorded and can be justified if questioned
What does this mean?
Employers should;
Have appropriate policies for transporting pupils
Trips & Outings
Adults should take particular care when supervising children and young people on trips and outings, where the setting is less formal than the usual workplace. Adults remain in a position of trust and need to ensure that their behaviour remains professional at all times and stays within clearly defined professional boundaries.
Where activities include overnight stays, careful consideration needs to be given to sleeping arrangements. Children, young people, adults and parents should be informed of these prior to the start of the trip. In all circumstances, those organising trips and outings must pay careful attention to ensuring safe staff/child ratios and to the gender mix of staff especially on overnight stays.
Health and Safety arrangements require members of staff to keep colleagues/employers aware of their whereabouts, especially when involved in activities outside the usual workplace.
What does this mean?
Adults should;
- Always have another adult present in out of workplace activities, unless otherwise agreed with a senior manager
- Undertake risk assessments in line with their school/service’s policy where applicable
- Have parental consent to the activity
- Ensure that their behaviour remains professional at all times
First Aid & Administration of Medication
It is expected that adults working with children and young people should be aware of basic first aid techniques. It is not however, a contractual requirement and whilst adults may volunteer to undertake such tasks, they should be suitably trained and qualified before administering first aid and/or any agreed medication.
When administering first aid, wherever possible, adults should ensure that another adult is aware of the action being taken. Parents should always be informed when first aid has been administered.
In circumstances where children need medication regularly a health care plan should have been established to ensure the safety and protection of children and the adults who are working with them. Depending upon the age and understanding of the child, they should where appropriate, be encouraged to self -administer medication or treatment including, for example any ointment, use of inhalers.
What does this mean?
Adults should;
- Adhere to the settings policy for administering first aid or medication
- Comply with the necessary reporting requirements
- Make other adults aware of the task being undertaken
- Explain to the child what is happening
- Always act and be seen to act in the child’s best interests
- Report and record any administration of first aid or medication
- Have regard to any health plan which is in place
- Always ensure that an appropriate health/risk assessment is undertaken prior to undertaking certain activities
What does this mean?
Organisations should;
- Ensure staff understand the extent and limitations of their role in applying basic care and hygiene tasks for minor abrasions and understand where an injury requires more experienced intervention
- Ensure there are trained and named individuals to undertake first aid responsibilities
- Ensure training is regularly monitored and updated
- Always ensure that arrangements are in place to obtain parental consent for the administration of first aid or medication
- Ensure they have appropriate whistle-blowing policies in place
- Ensure that they have clear procedures for dealing with allegations against staff which are in line with their Local Safeguarding Children Board’s procedures.
- Adults should;
- Report any behaviour by colleagues that raises concern regardless of source
Sharing & Recording Incidents
Individuals should be aware of their organisation’s child protection procedures, including procedures for dealing with allegations against adults. All allegations must be taken seriously and properly investigated in accordance with local procedures and statutory guidance. Adults who are the subject of allegations are advised to contact their professional association.
In the event of any allegation being made, to someone other than a manager, information should be clearly and promptly recorded and reported to a senior manager without delay.
Adults should always feel able to discuss with their line manager any difficulties or problems that may affect their relationship with children and young people so that appropriate support can be provided, or action can be taken.
It is essential that accurate and comprehensive records are maintained wherever concerns are raised about the conduct or actions of adults working with or on behalf of children and young people.
What does this mean?
Organisations should;
- Should be familiar with their school/service’s system for recording concerns
- Should take responsibility for recording any incident, and passing on that information where they have concerns about any matter pertaining to the welfare of an individual in the workplace
Adults should;
- Report any behaviour by colleagues that raises concern regardless of source
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