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Protecting Children - A Shared Responsibility

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PROTECTING CHILDREN - A SHARED RESPONSIBIITY

Chapter 4: Suspected Child Abuse and the role of Education staff in the process of protection

Identification of concerns

69. Concerns regarding child abuse in school are likely to emerge in one of four ways:

  • the child discloses an incident or incidents which may be possible abuse - this could include inappropriate contact through the internet;
  • a member of staff observes an injury or has sustained concerns about the presentation or behaviour of a child which s/he thinks may be indicative of abuse;
  • the school is contacted by another statutory agency as part of an initial child protection inquiry or investigation; or
  • a member of the public (who may be a relative of the child) or a representative of a local voluntary group expresses concerns, or makes an allegation about child abuse. Such a concern may be raised anonymously.

70. Staff should be alert to the fact that pupils often take time to seek out and test adults to whom they wish to disclose abuse. In these circumstances disclosure is more often a process than an event. Also that while sexual abuse cases attract high levels of publicity, national statistics indicate that far more children are at risk from both neglect and physical injury. Staff should also be alert to the possibilities of peer abuse, particularly in contexts where some pupils exercise powers over others through for example prefect or monitorial systems.

Dealing with disclosures

71. Where a child discloses an incident or incidents which may be possible abuse there are several priorities. Firstly, whoever receives the confidence should:

  • not guarantee confidentiality, whilst explaining the reasons for this to the child;
  • listen carefully and sympathetically;
  • not show disbelief;
  • take the allegation seriously ;
  • reassure the child that s/he is not to blame ;
  • avoid expressing their own views on the matter.

72. It is important that, as far as possible, questioning the child is avoided. Such questioning is the responsibility of social work and police as the designated agencies for investigating allegations of child abuse. Where questions are needed to clarify information, then care should be taken that these are open ended, so that there can be no question of later claims that the staff member suggested a response to the child. Clarification should also be limited to what may be necessary to decide whether reasonable suspicion of abuse exists and to ascertain, as far as possible, what the child wishes to happen. Children should not be required to repeat the information to a succession of adults, so wherever possible any necessary additional questions should be asked by the person to whom the original disclosure was made, with the support of the Child Protection Co-ordinator. (A checklist on responding to disclosure is included at Appendix 9).

73. Any disclosure must be clearly recorded at the time or as soon as possible thereafter, and signed and dated. The child's own words should be used, and staff should avoid summarising the account in the interests of neatness or comprehensibility. The disclosure must then be reported as soon as possible to the Child Protection Co-ordinator. The timing of this should also be recorded. Where a child decides during a disclosure to end the interview, or subsequently wishes to withdraw the allegation, s/he should be told that s/he can have further discussion with any member of staff at any time in the future, but that the Child Protection Co-ordinator will be told of the concerns voiced. The child should also be provided with information about other sources of support e.g. ChildLine; the authority's Children's Rights Officer.

74. Any child making child abuse allegations is a child in need, and the school, through the Child Protection Co-ordinator, has a responsibility to identify and respond to his or her immediate needs as sensitively as possible. This may be about allowing the child some private space, listening to a range of worries or providing him/her with the support of a friend. In some instances it may be about accessing medical care, although in these circumstances the doctor or nurse needs to be aware of the child protection context, as it will have implications for their work with the child.

Staff observations

75. Where an incident or series of incidents give rise to staff suspicion of child abuse, the same principles apply, albeit the order for action may be different. Firstly the school has a responsibility to respond directly to the identified needs of the child. For example it is not acceptable to be concerned about the early hour a young child is arriving in the school playground, but continue to leave him/ her there unsupervised. The member of staff should record clearly the nature of his/ her concerns and the actions taken to meet them. As soon as possible the record of these concerns should be shared with the Child Protection Co-ordinator, and a discussion held on what further needs to be done. Depending on the outcomes of that discussion, either the member of staff or the Child Protection Co-ordinator may wish to talk to the child about the situation or incident.

76. Child Protection Co-ordinators have a responsibility to staff who have raised concerns about a child, to keep them informed of decisions made and actions being taken. Any member of staff of an EA school who, having reported suspected child abuse to the Child Protection Co-ordinator, remains dissatisfied with the actions taken or the failure to act, should contact the authority's Child Protection Officer directly. It is open to any member of staff to make a personal referral to the Children's Reporter, and in an independent school, a member of staff who is dissatisfied with the actions taken in school should use this route. (See Appendix 2)

Contact by another Statutory Agency

77. Where another agency contacts the school about possible child abuse, this is likely to come directly to either the headteacher or the Child Protection Co-ordinator. Anyone else receiving such a call should direct it to the Child Protection Co-ordinator. Where there is some level of external concern about the welfare of the child, it is the Child Protection Co-ordinator's role to provide clear and suitably detailed information about the child's functioning within the school environment. While the child's academic performance will be relevant, it should not be the sole focus for comment. Other matters of relevance will be:

  • the child's physical appearance;
  • attendance and punctuality (which should be corroborated by accurate register records);
  • behaviour and relationships with peers and adults;
  • any relevant parental contacts;
  • known involvement in clubs and activities; and
  • any recent changes in any aspects of the above.

78. Through discrete contact with other members of staff, the Child Protection Co-ordinator should gather these details as rapidly as is consistent with ensuring good quality information, always bearing in mind that undue delay in providing the information to the other agency may result in the child being exposed to unnecessary risk. The matter should not be discussed with the child unless the other agency has made a specific request for such a discussion to take place, and the Co-ordinator considers it appropriate to do so.

Report by a member of the public or a relative

79. A recent MORI study found that some adults see schools as a preferred contact point if they have concerns over the welfare of a child. Parents in conflict are also likely to share some of their concerns about their partner(s) with the school. In some instances, therefore, school staff will find themselves receiving external information which indicates potential child abuse. In these circumstances it is important that, as with children disclosing, staff listen carefully and sympathetically, treats the matter seriously, records signs and dates the information and specifically make the person(s) aware that they cannot guarantee confidentiality in these circumstances. If possible the concerned adult should be encouraged to pass on their worries directly to Social Work Services which is the agency with the statutory duty to protect children. However, where this does not prove possible, or where the contact was anonymous, the Child Protection Co-ordinator should take responsibility for further action, making clear to the referrer where possible, the actions s/he will take. The Child Protection Co-ordinator must share the information with the other agencies (health, police, social work) involved with the child. This will ensure that an early assessment of any potential harm to the child can be made, leading to a decision whether or not further child protection inquiries are needed. The Co-ordinator may also decide to put in place support or monitoring arrangements for the child(ren) in the school.

Internal discussion

80. In a very few instances, the Child Protection Co-ordinator will find him/herself dealing with a matter so urgent that, after initial identification, the immediate priority will be to refer the matter on to social work and/ or the police. In most instances however, the needs of the child will be best met by convening within 24 hours, an internal child protection meeting. In normal circumstances this should be attended by the Child Protection Co-ordinator, his or her depute; the member of staff who first identified the problem, the member(s) of staff with designated pastoral responsibility for the child and the headteacher. However the convening of the meeting should not be delayed due to the unavailability of the headteacher. The agenda of the meeting should concentrate on the following:

  • What are the child's views and wishes?
  • Do those present believe that there is reasonable cause to suspect or believe that child abuse has taken place? (Absolute proof is not required).
  • If so, is the grounds for concern clearly recorded and does any further information require to be gathered before a formal referral is made to Social Work Services?
  • If not, what is the basis for this decision? Is the decision, the reasons for it and the information available clearly recorded? Is further monitoring necessary to confirm or reject the concerns?
  • What are the current needs of the child within school, and what will the school do to respond to them? Who will provide ongoing support to the child in terms of feedback about the progress of the investigation? Is there a need to seek the help of other agencies to meet these needs, whether or not the matter is considered as child protection?
  • Are there implications for other children in the school? (e.g. is the suspected abuser a relative of other children in the school?)
  • What information requires to be shared within the school and with which staff? (Child protection matters should be regarded as confidential; nevertheless if the child is to be properly supported by the staff s/he encounters, staff , including any relevant visiting staff, at least need to be aware that the child is under some pressure. In some instances it may be appropriate to provide in confidence more information for particular members of staff e.g. a particular literature study may prove unduly stressful for an abused young person; where the alleged abuser is another family member staff need to know not to give that person access to the child).
  • What information is to be shared with parents, when and by whom?

81. At the end of the meeting, there should be a series of clear action points to be implemented. The internal discussion should not become an end in itself or a means of delaying the necessary but often difficult tasks of passing on information to statutory agencies, parents or the child. The minutes of the meeting should be written and circulated promptly to attendees by the Child Protection Co-ordinator who should keep the master copy in the child's child protection file. All copies of the minute should be securely stored separately from general pupil information. In the event of an inter-agency investigation, it may be appropriate to share the minute with the other agencies involved.

Liaison with Parents

82. Where staff have concerns about the welfare of a child, but have decided that at the present time matters do not warrant a child protection referral, their concerns should be discussed openly with the parents. Normally the head teacher or Child Protection Co-ordinator should do this. However, taking account of all the circumstances of the child and family, in particular instances this may appropriately be delegated to another member of staff who knows the child and family well e.g. the principal teacher for learning support, in the case of a child with significant learning difficulties.

83. Where the Child Protection Co-ordinator has decided to refer the child protection concerns to social work, then a decision about how parents should be informed should be taken in conjunction with social work. However, having regard for the fact that the school is likely to have to continue to work with the child and family in the future, wherever possible the school should seek to be involved in telling parents. This task will be easier if the school's information handbook has been clear about actions taken when child protection concerns arise. If necessary, further support can be sought from the authority's Child Protection Officer, but in general, parents, already under stress, should not be invited to meetings overloaded with authority figures.

Gathering and Recording Evidence

84. The Child Protection Review found that a significant number of children remained unprotected, because one or more agencies failed to provide sufficient evidence to convince either social work, the reporter or the courts that there was a real risk to the welfare of the child. This was particularly the case when issues related to long term neglect or emotional abuse. The basis of sound evidence is careful observation and good recording. This does not have to be an elaborate process requiring special forms or log books. It does require that:

  • staff are alert to look for possible signs or symptoms;
  • as far as possible notes are made at the time, dated and signed;
  • as far as possible children and adults are quoted verbatim;
  • events are described objectively;
  • where notes refer to further action or contact, it is clear what the outcomes are.

85. Such evidence must be kept securely, in line with education authority advice on record keeping. In most instances the Child Protection Co-ordinator will secure such records in a specific filing cabinet designated for the purpose. Care is needed, however, that where, for example, a classroom monitoring log is being maintained, it is locked away each evening until the period of monitoring is complete and it can be handed over to the Child Protection Co-ordinator. Schools should adopt a flagging system, for example a coloured dot attached to the exterior of the file, to ensure that staff looking in the pupil's main file (PPR) can be aware that other confidential information exists. A similar tagging system should be applied where schools use an electronic pupil profiling system.

School plan

86. The identification of a child protection concern in a school means that the child or children concerned have specific needs. The most fundamental of these needs, such as equipping a parent to be better able to care for the child, in most instances will be beyond the powers of school staff to meet. However, in the case of very young children, an exception to this is the excellent support for parenting skills provided by some Family Centre Nurseries. In all situations, however, there are actions which can be taken take to ameliorate the impact of neglect or abuse. For example:

  • a nursery can plan its arrangements for 'snack time' to prevent children spending a morning hungry;
  • a primary school can institute careful end of day monitoring procedures to ensure that the adults collecting children are fit and safe to do so;
  • ancillary time can be allocated to a child to give him or her a fixed point of reference and care in the school day;
  • children can be allocated responsibilities to help restore their self esteem;
  • in secondary schools 'time out' arrangements can be put in place for young people who are temporarily overwhelmed by their problems.

87. The school internal discussion process should identify what help the school itself can provide for the child in need, the ways the school will meet the needs, how the situation will be monitored and to whom further concerns will be reported. This plan should not be an elaborate document - a single side of A4 paper should suffice- but by setting down in writing what is to be done, it both provides a focus for immediate action, and a reference point for subsequent review. Where appropriate this plan should be shared and agreed with the young person concerned. The plan should form part of the school's Child Protection Record. It should also be copied to the authority officer responsible for child protection. When an interagency investigation is undertaken, then the plan should be appended to the school's report. When a Child Protection Case Conference or Core Group agrees an interagency plan for the child, the school plan should be amended to include any additional work the school undertakes to do. When a child is deregistered, the school should review the plan to take account of the change in circumstances. It should not be assumed that the ending of registration removes the need for a support plan. In some instances staff may need to continue to be sensitive to anniversaries or other events, (for example the release from prison of a convicted abuser), related to the pupil's initial traumatic experience, without directly reminding the pupil of the situation.

Planning for children transferring schools

88. In some instances a direct result of the identification of abuse will be that children require to change schools. This may be as a result of their being cared for by relatives, foster parents or the local authority; or it may arise from incidents of domestic abuse where one parent and the children move into a refuge. In all these circumstances these children are very vulnerable:

  • they have lost the stability of a known home, friends and school;
  • socially and emotionally they have to adapt to very different living conditions;
  • the circumstances of their arrival is not readily explicable to fellow pupils;
  • they may be unable to invite friends home; and
  • they may lack appropriate space and resources for homework.

89. For some the easiest resolution of these difficulties is to truant.

90. When a school admits a pupil, even temporarily, knowing that the reason for admission is the result of domestic or child abuse, then it must prepare and implement a plan for that child also.

School/ Education Authority powers

91. A significant number of school child abuse concerns centre on the neglect of situations requiring medical attention. These can range from accidental cuts and sores which are allowed to become infected, to congenital weaknesses in sight or hearing which, when neglected, can result in the loss of sight or sound. However under the Education (Scotland )Act 1980 as amended by the Standards in Scotland's Schools, etc. (Scotland)Act 2000:

'an education authority may require the parent of any pupil in attendance at any school under their management to submit the pupil for medical or dental inspection in accordance with arrangements made by the appropriate health board in agreement with the authority'.

92. Failure to comply may amount to an offence. Education authorities, in conjunction with the relevant Health Boards, should review their current practice with a view to finding ways in which these powers can be used to prevent children suffering, over an extended period, unnecessary harm to their health due to neglect by their parents.

Exclusion

93. Children who have suffered abuse and/ or are under considerable stress, may show their hurt by behaviours which are highly disruptive, and sometimes, damaging to themselves, to other children and to property. There are ' many excellent examples of mainstream schools managing the balance between progressing the interests of the majority of their pupils, whilst meeting the needs of children and young people who exhibit very challenging behaviour', 4 and the Discipline Task Group report highlighted particularly successful strategies, as did the HMIE report 'Alternatives to Exclusion. Nevertheless schools can experience considerable difficulty in responding to these behaviours in terms of their general expectations of pupil behaviour and the safety of other children. Where a school contemplates the exclusion of a child who is the subject of child protection concerns, it should first contact the authority's Child Protection Officer and carry out the risk assessment detailed in Circular 2/98 (Exclusion from School) paragraph 58, quoted here for ease of reference.

'In some cases, it may be evident that a period of time without a normal school attendance routine, brought about by exclusion, may act to bring about a significant increase in the extent to which a pupil is vulnerable and so 'at risk' in the community or at home. In such cases it will be particularly important that education and social work departments should discuss the pupil's needs and behaviour and reach an agreed assessment of the risks to the pupil. In assessing risks, it is important to work closely with parents and the pupil. The assessment should identify and address any difficulties relating to home circumstances which would be likely to arise from exclusion. It may be necessary sometimes to follow locally agreed child protection procedures between the education and social work departments and established child protection procedures may come into play.'

Inter-Agency Working: Contribution to Child Protection Investigation, Case Conference, Child Protection Plan

94. When the school has referred a case to social work services, or when social work services, having received a referral from elsewhere, contact the school, inter-agency child protection arrangements come into effect. The fine detail of these is set out in the Area Inter-Agency Child Protection Guidance, produced under the auspices of the local Child Protection Committee. In essence however the expectations of staff are these:

  • schools will make a prompt referral of cases where there is judged to be a risk of significant harm to the child;
  • schools will co-operate with social work and police investigations, sharing with the other agencies all relevant information and keeping them informed of changes in circumstance of which they become aware;
  • schools will be represented at inter-agency discussions and case conferences;
  • at case conferences, the school representative will be fully cognisant of the case, provide a school perspective on the child and, in the light of the evidence presented, be prepared to express his/her view on whether or not a child's name should be placed on the Child Protection Register;
  • when an inter-agency child protection plan is needed, the school, if required, will contribute to its formulation and implementation.
  • where the social work department informs the school that a child's name is on the Child Protection Register, schools should treat the information as having been given in confidence, and for the child's protection. Staff should pay particular attention to the attendance and development of all such children, and report any cause for further concern.

95. Where the school is dissatisfied with the support offered to a child considered to be at significant risk, and can produce evidence to that effect, it (or the education authority Child Protection Officer) should request Social Work Services to convene an inter-agency case conference.

96. If the school becomes aware that other agencies are carrying out an investigation in relation to a child about whom the school has concerns, but that the school has not been contacted, the Child Protection Co-ordinator should make contact with the investigating agencies and share the information held by the school.

97. Where other agencies, as part of their investigations, wish to interview the child, or have the child medically examined, this should normally be done only with the consent of the parent/ carer and in his/ her presence. However it should be noted that the Age of Legal Capacity (Scotland) Act 1991 provides ' a person under the age of 16 years shall have legal capacity to consent on his own behalf to any surgical, medical or dental procedure or treatment where, in the opinion of a qualified medical practitioner attending him, he is capable of understanding the nature and possible consequences of the procedure or treatment.'

98. In practice children of 12 and above are generally considered as able to give informed consent, and doctors will accept the consent of a younger child if they are satisfied that the child does understand what is at stake. Hence, the consent of the child should be sought prior to any interview or medical, and it cannot take place if the child's consent is withheld, save where the child is also considered as a suspect. Where other agencies wish to interview the child as a suspect, and it is not possible for the parents/carers to be contacted, then the headteacher or his or her representative should be present during the interview or medical examination. In deciding which member of staff should be present consideration should be given to the preferences of the young person, and the nature of the examination. It is not for a member of the school's staff to interview a 'suspect' without consent.

Children's Hearings

99. Any person, who believes that a child may be in need of compulsory measures of protection, may refer a child to the Reporter. Hence it is open to any member of staff to make a referral to the Reporter if they are dissatisfied with the steps taken within the school to keep the child safe. More commonly, however, school staff will become aware of the Reporter's involvement when they receive a request from him/her for a report on the child. Having asked for further information, the Reporter cannot make a decision about a case until the replies have been received. It is important therefore, that the Child Protection Co-ordinator compiles an accurate report as quickly as possible, with sufficient detail to ensure that the Reporter's decision is based on good quality information (See Appendix 2). If the Reporter decides to refer the case to the Children's Panel, then the school may be asked to send a representative to the Hearing. This person will be expected to share his or her knowledge of the child with panel members. It is important therefore that whoever represents the school at the Hearing does have a good direct knowledge of the child.

100. In preparing reports for the Reporter and Child Protection Case Conferences, staff should be aware that parents will have sight of what has been said. Normally they will be present also at the Case Conference or Hearing. However, at the Case Conference, in exceptional circumstances, it is possible to request that information is given in closed meeting before the parents are admitted. With effect from 1 July 2003, children over the age of 12 will also have a right to access reports. Children under 12 will have a right of access where the report writer indicates that it would be in the child's best interests.

Maintaining Records and School Transfer

101. Where a child protection complaint has been received, but the child's name has not been placed on the Child Protection Register, either because the school did not refer the matter further, or because after investigation, social work considered that it was not a case for child protection, the school should maintain the record on the child's child protection file until he/ she has attained adulthood. 5 A confidential copy of this information should be sent to any school to which the child subsequently transfers.

102. If social work inform the education authority that the child's name has been placed on the child protection register, a record of this fact, and associated documentation from social work and case conferences should be securely held on the child's file while s/he continues to attend. When a child whose name is on the child protection register changes school, the school which the child is leaving should:

  • inform the receiving school immediately that his/her name is on the child protection register and transfer all relevant records;
  • share the child's child protection plan with the receiving school;
  • inform the case manager in social work.

103. If social work inform the school that the child's name has been removed from the register, the school should destroy any child protection records on the child supplied by other agencies, including records of case conferences, but retain in a secure file its own records until three years after the child attains adulthood.

104. In all cases where a child is changing school, there is a responsibility on the headteacher of the school which the child is leaving to make every effort to establish the name of the school to which the child is transferring. Where the onward destination of the child cannot be established, then the authority's Child Protection Officer should be informed, with a view to a search being made for the child through inter education authority links. If within 6 weeks no request for school records has arrived from the identified receiving school, the headteacher should make contact with the identified school to clarify the situation. Under no circumstances should a pupil be allowed to 'disappear from view' without the designated Child Protection Officers of both the leaving and the receiving authority being alerted.

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Page updated: Wednesday, March 22, 2006