guidance for allegations of abuse against teachers and other staff schools, academies, educational...

Guidance for

Allegations of Abuse against Teachers and other Staff

Schools, Academies, Educational Establishments & Support Services Managers

Children’s Services Human Resources

Date: January 2013

Key Legislation

Children Act 1989

Education Act 2002

Children Act 2004 – Every Child Matters Change for

ChildrenSafeguarding Vulnerable Groups Act 2006

Education Act 2011


Key Guidance• Dealing with Allegations of Abuse against Teachers

and other Staff – Guidance for Local Authorities, Head Teachers, School Staff, Governing Bodies and Proprietors of Independent Schools (DfE 2012)

• Guidance for Safer Working Practice for Adults who work with Children and Young People in Education Settings (DCSF 2009)

• Joint NEOST/Teacher Union guidance: Staff Facing an Allegation of Abuse – Guidelines on Practice and Procedures (2002)


Key Points• All schools should have procedures for dealing with

allegations. The procedures should make it clear that all allegations should be reported immediately, normally to the Headteacher, Principal or Proprietor if it is an Independent School.

• The procedures should also identify the person, often the Chair of Governors, to whom reports should be made in the absence of the Headteacher; or in cases where the Headteacher themselves is the subject of the allegation.

• Procedures should also include contact details for the Local Authority Designated Officer (LADO) responsible for providing advice and monitoring cases.


Dealing with allegations of abuse against teachers and other staff – DfE 2012

What is an AllegationInformation which comes to light, which alleges that a teacher or member of staff (including volunteers) in a school has :

behaved in a way that has harmed or may have harmed a child

possibly committed a criminal offence against or related to a child

or

behaved towards a child or children in a way that indicates he or she would pose a risk of harm if they work regularly of closely with children

“ It is important to ensure that even apparently less serious allegations are seen to be followed up, and they are examined objectively by someone independent of the organisation concerned”



ALLEGATION

COMP

AINT

CONCER

Complaints ProceduresDisciplinary

Procedures

Child Protection Procedures

Procedure 1

When an allegation is reported to a member of staff, that member of staff should:•Take it seriously•Clarify details – when, where, how, who•Record, sign & date•Seek medical attention if necessary•Report immediately to HT (or Chair of Govs)


Procedure 2 When the HT receives the allegation:•Establish whether the allegation could have possibly occurred•Collect any written statements•Establish whether there were any witnesses•Consult with Senior Adviser for Safeguarding Children or Local Authority Designated Officer (LADO)

DO NOT INVESTIGATE FURTHER OR INTERVIEW ANYONE


Procedure 3 The HT and Senior Adviser will consider:•Whether or not the threshold for a Child Protection investigation has been met.•When and how to inform the child’s parents•Whether or not to tell the member of staff•Whether or not to suspend the member of staff•Any necessary safeguards to implement


Suspension Suspension should not be automatic – alternatives should be considered.

Suspension should only be considered if:•A child or children are deemed to be at risk•Necessary to ensure investigation is not impeded or prejudiced•Allegation is so serious that dismissal for gross misconduct is a possible outcome


Strategy Meeting 1 If the threshold for a Child Protection investigation has been met:

•Referral to Access Centre

•Independently chaired, multi-agency meeting convened as soon as possible

•Subject of the investigation not invited


Strategy Meeting 2 Purpose of Strategy Meeting:•Consider the allegation and any previous allegations•Consider the risk to the child and other children•Share information about the adult and the child•Determine the need for a CP enquiry and/or a criminal investigation•Establish a clear plan with time scales


Strategy Meeting 3 Possible outcomes of a Strategy Meeting:•No further action•Police investigation of a possible criminal offence•Enquiries and assessment by Social Care about whether a child is in need of protection or services•School investigation, supported by the LA


Unfounded or Malicious? • Consider the need to refer the child to Social

Care or Police• Offer support to member of staff• Consider the need to take action against the

child using school’s disciplinary procedure• Consider arrangements within school to

protect staff• Consider requesting enhanced CRB check


Support for the Member of Staff• Allegations that are found to be malicious

should be removed from personnel records• Any that are unsubstantiated, unfounded or

malicious should not be referred to in employer references.

• Reporting restrictions introduced by the Education Act 2011 prevent the publication of any material that may lead to the identification of a teacher who has been accused by a pupil from the same school.


DfE survey of LA allegations(October 2011)

• About 40% of total allegations involved staff in schools

• Only 2% were judged to be ‘malicious’ • Another 19% (teachers) and 15% (non-teachers)

were ‘unfounded’ – i.e. no basis • That leaves about 28%/32% as ‘unsubstantiated’• Over half of the allegations had enough

substance to warrant a formal investigation• 18% (teachers) and 29% (non-teachers) were

suspended


Nigel Leat – Y2 teacher• Convicted in January 2012 of numerous sexual offences

against young girls and possession of thousands of indecent images.

• 15 years in post and abusing children at the school for at least 10 of these

• 30 concerns identified by children, other staff and parents• Only 11 recorded• NONE reported to the Local Authority or acted upon• ‘A lamentable failure of leadership and management’• The school was twice rated ‘Outstanding’ for safeguarding• The Serious Case review is on Edulink


SAFE WORKING PRACTICE FOR

STAFF IN EDUCATION SETTINGSAn introduction leaflet for all staff and

volunteers working with children to help establish safe working practice in schools, academies and all settings where children receive formal education


Dealing with Allegations of Abuse against School Staff - pilot

training day When: Monday 22nd April 2013Where: YFC Centre, Shires Farm, HawfordCost: £60 Audience: Headteachers, Senior Leaders, Chairs of GovernorsTrainers: Ben Whitney (Independent Trainer), Sally Mills, Sue Dernie, John Dickinson


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