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PROTECTING CHILDREN - A SHARED RESPONSIBIITY

Chapter 5: Staff Issues

Support for staff

105. Understandably, staff, even those with long experience of dealing with sensitive issues, can find dealing with child protection issues very stressful. It is essential that schools and authorities have in place structures to meet the needs of staff as well as of the children. Good practice would suggest that these include:

• annual reminders to all staff that they are operating within known and agreed education authority and school guidelines which provide a sound framework of support;
• regular opportunities to discuss with the Child Protection Co-ordinator and/or the headteacher situations which may be giving a member of staff concerns about a child;
• specific support for any unaccustomed tasks such as completing Hearing Reports, or attending a child protection case conference;
• senior management monitoring of work load to ensure additional pressures are kept to a minimum;
• access if required to more specialist help through the authority's Child Protection Officer.

Staff Training

106. Initial teacher training, and preliminary training for others working in schools, provides new entrants with an awareness of child protection issues. However, there is a need to ensure that this initial awareness is reinforced by training within school which looks at issues and actions in context. All staff, teaching and non-teaching, who have contact with children need training and refresher courses training on:

• the operation of child protection procedures in the context of their own school;
• recognition of possible abuse;
• responding to a child's disclosure of abuse or personal problems;
• responding to referrals from members of the public;
• allegations against staff and minimising risk;
• recording and report writing procedures;
• the responsibilities and work of the other agencies involved in child protection;
• procedures for external excursions and residential experiences; and
• the school's policy on vetting of volunteer adults assisting with classes or activities.

107. Education authorities or clusters of schools may wish to consider whether there are advantages in bringing together staff from more than one school for such training - for example whether a broader range of perspectives will contribute to increased staff understanding, or whether bringing together schools covering different ages and stages will facilitate a better consideration of issues relating to school transfer, and sharing of information.

108. Headteachers, Child Protection Co-ordinators and other front line staff, (for example members of a Governors' child protection sub-committee in an independent school), require additional training in:

• the law's requirements;
• dealing with allegations against staff;
• the operation of inter-agency procedures; and
• the implications of diversity (including culture, race and disability) for child protection. As part of this there is merit in such staff attending the inter-agency training provided by CPCs. Such training will complement education specific training, help to promote understanding of the respective roles of staff in each agency, and promote effective working relationships.

109. Chairpersons of school boards, and proprietors and governing bodies of independent, grant -aided and members of governing bodies' child protection sub committees should be informed about issues of child abuse and the importance of a prompt response to these issues. They also need guidance in the management of cases of suspected abuse, in order to provide appropriate support to school staff when cases arise. As far as is possible this training should be provided by other than the staff of the school.

110. Staff involved in the delivery of personal safety programmes as part of personal and social education should also receive training, to ensure that they:

• are well prepared to deal with the more sensitive aspects of the course;
• are able to promote the development of pupils' skills, knowledge and understanding on how to keep themselves safe; and
• can respond appropriately to any possible disclosures; and
• understand the need for parents/ carers to be fully informed of such programmes in order that, where possible, good account can be taken of religious and cultural views. This will be particularly important where education for personal relationships and sex education is involved.

Historic Abuse

111. Various studies have shown that most child abuse is never formally disclosed. Hence school and authority managers should be alert to the possibility that some members of staff may have personal experience of child abuse, and that memories of these experiences may be released by incidents in school or by child protection training. Should a member of staff disclose personal experiences, then the school and the authority should make every effort to provide appropriate support, and /or direct the member of staff to other sources of help. If there is the possibility that the alleged abuser is still in a position to abuse children, then this should be discussed with the member of staff , asking him/her to consider formally referring the matter. If this is unsuccessful, and the headteacher and or child protection co-ordinator believe that other children remain at risk, then they have a duty to refer the matter to social work.

Allegations against staff

112. If a complaint about possible child abuse is made against a member of staff, the headteacher and the Child Protection Co-ordinator must be informed immediately. In an education authority school, the headteacher should inform the authority's officer with responsibility for child protection. In an independent school the headteacher should inform the Chairman of Governors immediately. If the complaint is made against the headteacher, the Child Protection Co-ordinator must be informed immediately and s/he must inform the authority's officer for child protection and the Chairperson of the School Board. In an independent school the Chairman of Governors must be contacted immediately.

113. Any allegations against members of staff must be taken seriously, and initially, should be considered (not investigated) by an internal meeting involving the headteacher (unless s/he is the person complained of); the Child Protection Co-ordinator and the authority's Child Protection Officer or, in the case of an independent school, a member of the Governors' Child Protection sub committee. If the conclusion of the meeting is that the allegation is false, and that the matter should be taken no further, then the reasons for this should be recorded and placed in a confidential file. If it is considered that the allegation may be valid, then inter-agency child protection procedures and education authority/ Governors' disciplinary procedures should be invoked, and the police asked to investigate. In addition, however, the headteacher and the authority, or Chair of Governors in the case of an independent school, will wish to consider whether it is necessary either to remove the member of staff from contact with children or to suspend him or her from the school, without prejudice, for the duration of the investigation. They will also wish to consider whether to provide all parents/ carers with an initial notification that an allegation of misconduct has been made against a member of staff and that it is currently being investigated. No further details should be given at that time, although should the allegation be proven, parents should then be informed of the facts and the school's and the authority's or Governors' actions.

114. There may be occasions when, after police and social work investigation, there is felt to be insufficient evidence for a prosecution, or where a prosecution does not result in a conviction. In these circumstances, if the headteacher and child protection co-ordinator believe that the member of staff represents a risk to a child or children, it is open to the authority or independent school to pursue disciplinary procedures against the member of staff. If the member of teaching staff is subsequently dismissed this information should be sent in writing to the General Teaching Council (GTC), and in the case of independent schools, to the Registrar for Independent Schools. The Protection of Children (Scotland ) Act 2003 provides for Scottish Ministers to establish and maintain a list of persons unsuitable to work with children. It places a duty on organisations to refer people to the list. Full guidance will be provided as part of implementation and will be widely distributed to organisations employing people to work with children. In brief, if as a result of a full investigation, a member of staff is dismissed because s/he has harmed a child or put a child at risk of harm, s/he must be referred to the Scottish Executive for possible inclusion on the list. Where a case is also being considered by the GTC, a decision on listing will be deferred pending the outcome of the GTCs investigation.

Minimising Risk

115. In working with young people, it is possible for staff, through ill-considered actions, to lay themselves open to allegations of abuse. Their best protection is to encourage a climate of openness within the classroom, where pupils feel confident to point out aspects of behaviour they do not like. However, staff should note the following are potential areas of risk.

Private meetings with pupils - as far as possible staff should avoid 1:1 meetings with pupils. Where they are necessary to discuss something of a confidential nature, to provide individual tuition etc.. then if possible, such interviews / sessions should take place in a room with visual access or the door open and with another adult in an adjacent area.

Physical contact with pupils - as a general principle, physical contact with pupils should be minimised. However, particularly younger children, when distressed, may seek physical reassurance as they would from a parent, and staff should not feel inhibited from providing this when the child initiates the contact and when it is appropriate. Staff should never touch a pupil who has indicated that s/he is uncomfortable with it, unless restraint is necessary to protect the pupil or others from harm. Where restraint is required, the minimum force necessary should be used, and where possible another member of staff involved to witness and assist. In schools for emotionally and behaviourally disturbed pupils, where staff may require to physically restrain pupils on a regular basis, they should receive regular specialised training for this role, and even then, restraint should only be used as a last resort. All incidents of restraint should be logged, dated and signed in a log kept for that purpose.

Relationships with pupils - staff should ensure that their relationships with pupils are appropriate to the age, maturity and sex of the pupils. If a teacher suspects either that a child is becoming inappropriately attached to him or her, or that s/he is developing feelings for the child not appropriate to a professional relationship, then the advice of a senior colleague or the headteacher should be sought.

Verbal interchange - Effective use of vocabulary is a key to good classroom control and teaching. Staff should be aware that there can be a very narrow line between remarks which the recipient perceives as fair and humorous and those which are felt to be hurtful and embarrassing. In particular staff should avoid making unfavourable comparisons, criticising the person rather than the behaviour and 'picking on' particular children.

Teaching materials - When teaching topics of a sensitive nature, for example sex education, race relations, war and holocaust studies, teachers should take care that the materials (and reasons for using them) are not capable of misinterpretation. If in any doubt about the suitability of the materials advice should be sought from a senior colleague or from the headteacher.

116. Following any incident where a member of staff feels that his/ her actions have been, or may be misinterpreted, a written report of the incident should be given as soon as possible to his/her line manager.

Recruitment of staff and use of Volunteers

117. All employers within education should ensure that their recruitment procedure includes a check on the possible criminal background of people who are likely to have substantial unsupervised access to children. This applies not only to teaching and non-teaching staff, taxi drivers and escorts transporting children with special educational needs but also to volunteers, parent helpers and any other adult whose normal duties involve unsupervised contact with children under arrangements made by the school. Teachers registered with the General Teaching Council for Scotland, are checked at the point of application for registration. However independent schools, who may employ unregistered teachers, should ensure that they obtain Enhanced Disclosures for all teaching staff. Full details on how to obtain checks are available from Disclosure Scotland (part of the Scottish Criminal Records Office). Their website address is www.disclosurescotland.co.uk .

118. The Protection of Children (Scotland) Act 2003 provides for a new list of persons unsuitable to work with children. It also creates a new offence which organisations will commit if they knowingly employ to work with children a person, whether paid or unpaid, if they are on the list. The fact that a person is on the list will be available only as part of a disclosure check. Therefore it will be essential to obtain disclosure checks for all those in a child care position as defined in Schedule 2 of the Act.(see Appendix 3). Full guidance will be issued prior to the implementation of the provisions of the Act.

119. However, a significant proportion of child abusers are not known to the authorities. It is therefore equally important that in the appointment both of school staff and of volunteers, good recruitment arrangements are in place. These should include:

• open advertising of the position;
• a clear remit against which candidates' qualifications can be checked;
• obtaining at least 2 independent references;
• interviewing applicants;
• verification of the identity of the appointee;
• making ancillary and volunteer appointments on a 2 month trial basis; and
• monitoring the new appointee and providing him/her with a mentor and feedback on his/ her performance.

120. Schools or Governors should not waive these procedures for fear of causing offence to parents or friends of staff. Their overriding responsibility is to protect the children in their care, and genuine applicants should not be deterred by having their appropriateness scrutinised.

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