Policy Statement

• This policy is addressed to all members of staff and volunteers, is shared with Governors and published on the College website. It applies wherever staff or volunteers are working with students even where this is away from the College, for example at an activity centre or on an educational visit. All adults in the College community are responsible for safeguarding and promoting the welfare of children.
• This policy aims to support all adults in the College community to promote the welfare of children by helping them to notice and take appropriate action in response to any safeguarding concerns they may encounter.
• This policy is informed by CYPES’ Keeping Children Safe in Education (May 2021); it incorporates key guidance from ‘Part One: Safeguarding Information for all staff’, with which all staff are asked to be familiar.
• Safeguarding and promoting the welfare of children (everyone under the age of 18) is defined in CYPES’ Keeping Children Safe in Education (May 2021) as protecting children from maltreatment; preventing impairment of children’s health or development; ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and taking action to enable all children to have the best outcomes.
• Every student should feel safe and protected from any form of abuse which, in this policy, means any kind of physical abuse, emotional abuse, sexual abuse, neglect, and includes peer on peer abuse (further details below). All children, without exception, have the right to protection from abuse, regardless of gender, ethnicity, disability, sexuality, or beliefs. No child or group of children must be treated any less favourably than others in being able to access services which meet their particular needs.
• There is an important distinction between safeguarding children who have suffered or are likely to suffer significant harm (where cases should be reported to Children and Familes Hub/MASH immediately) and action required to promote the welfare of children in need of additional support even if they are not suffering harm or are not at immediate risk. Interventions for children in need may include work with CAMHS (Children and Adolescent Mental Health Services) or other services through the Right Help Right Time approach. For the legal framework underpinning the concept of significant harm, see CYPES’ Keeping Children Safe in Education (May 2021).

Principles:

• One of JCG’s core values is belong; being safe, and feeling safe, is integral to a sense of belonging. It is this foundation of safety and belonging that allows students to aspire, inquire and excel.
• JCG is committed to safeguarding and promoting the welfare of children and young people and expects all staff, Governors and volunteers to share this commitment. We recognise that children have a fundamental right to be protected from harm and that students cannot learn effectively unless they feel secure. We therefore aim to provide a school environment which promotes self-confidence, a feeling of self-worth and the knowledge that students’ concerns will be listened to and acted upon.

The College will take all reasonable measures to:

• Ensure that we practise safer recruitment in checking the suitability of staff and volunteers (including staff employed by another organisation) to work with children and young people in accordance with the guidance given in Keeping Children Safe in Education (May 2021)
• Ensure procedures are outlined in the Government of Jersey Safer Recruitment policy
• Ensure that its safeguarding arrangements follow the procedures and practice of the Safeguarding Partnership Board and Education Department as part of the inter-agency safeguarding procedures set up by it
• Ensure that Early Help support is provided as soon as a concern emerges
• Protect each student from any form of abuse, whether from an adult or another student or child
• Be alert to signs of abuse both in the College and from outside
• Deal appropriately and promptly with every suspicion or complaint of abuse and to consider, at all times, what is in the best interests of the child
• Design, embed and operate procedures which promote this policy
• Design, embed and operate procedures which, as far as possible, ensure that teachers and others within the College community who are innocent are not prejudiced by false allegations
• Support students who have been abused in accordance with their agreed Child Protection Plan where these are in place
• Be alert to the medical needs of children with medical conditions
• Operate robust and sensible health and safety procedures
• Take all practicable steps to ensure that College premises are as secure as circumstances permit
• Continually review how students should be taught about safeguarding, ensuring that our curriculum supports children in keeping themselves safe
• Identify children who may be vulnerable to radicalisation, and know what to do when they are identified in order to fulfil the Prevent duty
• Ensure that all Governors and staff are aware of their responsibilities with regards to safeguarding through appropriate training, which is updated at least ever 2 years, and annually where possible, alongside other regular updates

All students should have the opportunity to excel in their learning and achievement. Outcomes that are key to students’ wellbeing are to:

• Be healthy
• Be safe
• Achieve
• Grow in a stimulating and nurturing environment
• Be responsible and respected
• Have a voice and be heard
• Move confidently into adulthood
• Have confidence, dignity and self-respect

To achieve these aims our policies, systems and procedures are designed to:

• Promote safe practice.
• Identify instances in which there are grounds for concern about a child’s welfare and initiate/take appropriate action to keep them safe.
• Prevent unsuitable people working with our students.
• Contribute to effective partnership working between all those involved with providing services for children and young people.
• Prioritise a proactive early help approach.

‘All staff should be aware of the importance of an early help approach in meeting children’s needs and understanding that it is more effective for children when adults recognize emerging problems early rather than reacting later. Early help means providing support as soon as a problem emerges...’ (Keeping Children Safe in Education CYPES, May 2021)

Underpinning Principles from the Education Department’s Child Protection Policy

• The United Nations Convention on the Rights of the Child states that: the welfare of the child is paramount.
• It is the responsibility of all adults to have a child-centred approach to safeguard and promote the welfare of all children and young people.

(Education Child Protection Policy, 2016)

At JCG, we work in partnership with States of Jersey Police and Children’s Services to identify and provide appropriate support to students who have experienced domestic abuse (DA) in their household. In line with CYPES’ Keeping Children Safe In Education (May 2021) guidance, we ‘treat and manage disclosures of DA as a serious safeguarding concern’, and we make appropriate use of the ‘types of Overt or Silent Support for children living with domestic abuse’ outlined in Appendix C of that document.

In order to achieve this, the Jersey Multi-agency Safeguarding Hub (MASH) will share with the Designated Safeguarding Lead(s) in school police information of all domestic incidents where one of our students has been present. On receipt of any information, the Designated Safeguarding Lead will decide on the appropriate support the child requires. We record this information and store it securely. (Please see Appendix 8: Domestic Abuse Notification Protocol SOJP)

Systems and Procedures

1.Staff have a responsibility to familiarise themselves with the guidelines determined by Education. This is available as part of the Education Child Protection Policy located digitally here.

2. Staff have a responsibility to familiarise themselves with Part One of CYPES Keeping Children Safe in Education (May 2021)

3. Every complaint or suspicion of abuse from within or outside the College will be taken seriously and, in line with published Jersey thresholds, will be referred to Children and Family Hub/MASH, without investigation within the school. In these cases, the following referral procedures apply:

• If the allegation is against a member of staff, the Designated Safeguarding Lead or a professional person connected to the school, the allegation should be reported to the Principal immediately. The matter will be referred by the Principal or the Designated Safeguarding Lead to the Jersey Designated Officer (JDO). If the Designated Safeguarding Lead is making the referral, they will keep the Principal informed. Any doubts or concerns may be discussed informally with the Designated Safeguarding Officer (DSO) for Education initially on a “no names” basis.
• If the allegation is against the Principal, the person receiving the allegation should immediately inform the Vice Principal, who will manage communication with the DSO/JDO. The Principal must not be informed of the allegation prior to contact with the DSO.
• If an allegation is made against the Chair of Governors or another Governor, the allegation should be reported to the Principal. In either case, any such allegations will be discussed with the DSO before further action is taken.
• The Education Department’s Dealing with Allegations against Staff & Volunteers (May 2017) policy includes a flowchart (page 10) on managing allegations against staff in schools.
• If the allegation does not involve a member of staff or a professional person and the child has suffered harm or is at risk of harm, the matter will be referred by the Designated Safeguarding Lead to Children and Families Hub/MASH. Advice and informal consultation over apparently borderline cases may be discussed with DSO, Shirley Dimaro.

4. Following our reporting procedure, it is essential that any information or concerns regarding Child Protection is communicated to the Designated Safeguarding Lead or the Principal. A referral should be made/logged through MyConcern.

5. Following our procedures for dealing with disclosure, when a student discloses information, members of staff must:

• Ask open questions, not leading ones, to ascertain as much information as they need.
• Tell students that they will keep them informed, but not make any promise offering confidentiality to the student.
• Speak to the Safeguarding Lead or other designated person (See Appendix 5 – Emergency Contact List)
• Log their conversation in MyConcern as soon after the event as possible and ensure that words used are recorded as accurately as possible.
• Provide a signed (by student and staff member), dated copy of their disclosure to the designated Safeguarding Lead or other designated person. (See Appendix 3 What staff should do if they have concerns about a child or receive a complaint of abuse)
• In the event of a serious disclosure where you may have concerns over the immediate safety of a child or student, refer immediately to Emergency Contact List (see Appendix 5).

6. Staff should be aware of online safety procedures and positively communicate the importance of maintaining e-safety in the use of technology and the Internet.  (See Appendix 9 regarding online safety)

7. Staff should be mindful of the Staff Guidelines for safe practice. (See Appendix 6 Staff Guidelines)

8. Recruiting Procedures and policy for DBS checks are followed.

The Education Department operates a Safer Recruitment Policy and is committed to safeguarding and promoting the welfare of children and young people as referenced in point 8.2 of the ED CP policy

Types of abuse 

(Taken from CYPES’ Keeping Children Safe in Education, May 2021)

Abuse is a form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting by those known to them or, more rarely, by others. Abuse can take place wholly online, or technology may be used to facilitate offline abuse. Children may be abused by an adult or adults or by another child or children.

There are four types of child abuse which are commonly identified as:

• physical abuse is a form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.
• emotional abuse is the persistent emotional maltreatment of a child such as to cause severe and adverse effects on the child’s emotional development. It may involve conveying to a child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child’s developmental capability as well as overprotection and limitation of exploration and learning or preventing the child from participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyberbullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, although it may occur alone.
• sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example rape or oral sex) or non- penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse. Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Both sexes can commit acts of sexual abuse including both adults and children. The sexual abuse of children by other children is a specific safeguarding issue (see below, in this policy, for more information regarding peer on peer abuse).
• neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy, for example, as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: provide adequate food, clothing and shelter (including exclusion from home or abandonment); protect a child from physical and emotional harm or danger; ensure adequate supervision (including the use of inadequate care-givers); or ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Signs of abuse 

Possible signs of abuse include the following (but are not limited to and do not necessarily mean that abuse is occurring):

• the student says they have been abused or asks a question which gives rise to that inference
• there is no reasonable or consistent explanation for a student’s injuries (including cuts, bruises, burns); the injury is unusual in kind or location; there have been a number of injuries; there is a pattern to the injuries
• the student’s behaviour stands out from the group as either being extreme model behaviour or extremely challenging behaviour; or there is a sudden change in the pupil's behaviour. For example, they may become aggressive, challenging, disruptive, withdrawn or clingy
• the student does not want to change clothes in front of others or participate in physical activities
• the student is having problems at school, for example, a sudden lack of concentration and learning or they appear to be tired and hungry
• the student talks about being left home alone, with carers that appear to be inappropriate or with strangers
• the student has poor school attendance or punctuality
• the student is regularly missing from school or education
• the student asks to drop subjects with a particular teacher and seems reluctant to discuss the reasons
• the student’s development is delayed in terms of emotional progress
• the student suddenly loses or gains weight
• the student drinks alcohol regularly from an early age
• the student is concerned for younger siblings without explaining why
• the student talks about running away
• the student shies away from being touched or flinches at sudden movements
• the student demonstrates undue anxiety, over-reacts to problems and demonstrates an excessive fear of making mistakes
• the student appears neglected, e.g. dirty, hungry, inadequately clothed; poor hygiene
• the student is reluctant to go home, or has been openly rejected by her parents or carers
• parents are dismissive and non-responsive to teachers’ concerns
• parents or carers blame their problems on their child and
• parents who fail to seek medical treatment when their child is ill or injured.

Signs of grooming, sexual exploitation or sexual abuse

The signs of grooming aren’t always obvious. Groomers will also go to great lengths not to be identified. Children may:

• be very secretive, including about what they are doing online
• display knowledge or interest in sexual acts inappropriate to their age
• have older boyfriends or girlfriends
• go to unusual places to meet friends
• have new belongings such as clothes or mobile phones that they can't or won't explain
• ask others to behave sexually or play sexual games
• have access to drugs and alcohol.

In older children, signs of grooming can easily be mistaken for 'normal' teenage behaviour, but unexplained changes in behaviour or personality, or inappropriate sexual behaviour for their age may be observed. Further guidance is given in

Specific Safeguarding Issues

Gangs and serious youth violence

A gang is defined as a group of young people who spend time together, often fighting other groups or involved in anti-social behaviour. Youth violence refers to harmful behaviours that can start early and continue into adulthood. The young person can be a victim, an offender, or witness the violence. Youth violence includes various behaviours including some violent acts such as bullying, slapping or hitting. These behaviours can cause more emotional harm than physical harm. Others, such as robbery and assault (with or without weapons) can lead to serious injury or even death. All staff should be aware of indicators, which may signal that children are at risk from, or are involved with serious violent crime. These may include increased absence from school, a change in friendships or relationships with older individuals or groups, a significant decline in performance, signs of self-harm or a significant change in wellbeing, or signs of assault or unexplained injuries. Unexplained gifts or new possessions could also indicate that children have been approached by, or are involved with, individuals associated with criminal networks or gangs.

Female Genital Mutilation (FGM)

Whilst all staff should speak to the designated safeguarding lead (or deputy) with regard to any concerns about FGM, there is a specific legal duty on teachers. If a teacher discovers that an act of FGM appears to have been carried out on a girl under the age of 18, the teacher must report it to the police. There is a range of potential indications that a girl may be at risk or has already suffered from FGM. Further information is available on p. 42 of Keeping Children Safe in Education Annex A (May 2021).

Contextual safeguarding 

Safeguarding incidents and/or behaviours can be associated with factors outside the college (and the home) and/or can occur between children outside the school. All staff, but especially the Designated Safeguarding Lead (and deputy) should be considering the context within which such incidents and/or behaviours occur. This is known as contextual safeguarding, which means assessments of children should consider whether wider environmental factors are present in a child’s life that are a threat to their safety and/or welfare. The school needs to provide as much information as possible as part of the referral process to Children and Families Hub / Early Help.

Child Sexual Exploitation (CSE), Child Criminal Exploitation (CCE) and various kinds of risk-taking behaviour can all constitute contextual safeguarding concerns.

Special Educational Needs

Children with special educational needs (SEN) and disabilities can face additional safeguarding challenges. In the UK, children with Special Educational Needs and Disabilities (SEND) are three times more likely to be abused than their peers. Additional barriers can exist when recognising abuse and neglect in this group of children. This can include:

• assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s disability without further exploration;
• children with SEN and disabilities can be disproportionally impacted by things like bullying and harassment, without outwardly showing any signs;
• communication barriers and difficulties in overcoming these barriers. Children with special educational needs may require more specific approaches to enable them to build safety skills, including online safety.

Further guidance can be found on pp. 37-38 of CYPES’ Keeping Children Safe in Education (May 2021).

Mental Health

‘Mental health problems can, in some cases, be an indicator that a child has suffered or is at risk of suffering abuse, neglect or exploitation.’ (Keeping Children Safe in Education, DFE, 2021)

The College takes a proactive approach to promoting resilience and promoting well-being through its commitment to character education across the curriculum.

Missing students

The Association of Chief Police Officers (ACPO) defines missing as:

‘Not at the place they are expected to be, but the circumstances are out of character. The context suggests they may be subject of a crime or at risk or harm to themselves or others.’

A child going missing from education is a potential indicator of abuse or other underlying welfare concerns Students are registered in accordance with Education Department requirements and the school has procedures in place to deal with students who go missing. These procedures are outlined in Appendix 5 of the Education Department’s Attendance Policy 2019: Children Missing in Education.  See also pp. 32-33 of CYPES Keeping Children Safe in Education (May 2021).

Peer on peer / child on child abuse 

All staff should be aware that safeguarding issues can manifest themselves via peer on peer abuse. This is most likely to include, but is not limited to:

• Bullying (including cyberbullying);
• Physical abuse;
• Sexual abuse;
• Gender-based violence/sexual assualts
• Upskirting
• Sexting / sharing of nude and semi-nude images
• Initiation / hazing type violence and rituals.

All peer on peer abuse is unacceptable and will be taken seriously; it will never be minimised as ‘banter’, ‘having a laugh’ or ‘part of growing up.’ Staff must be aware that children may be abused out of school, but should not minimise the potential risks of girl on girl abuse.

In relation to nude and semi-nude images, a key consideration is for staff not to view or forward illegal images of a child (see Appendix 3 for further guidance).

All students can report abuse (e.g. bullying or harassment) through the College website’s Report a Concern function, as well as by speaking to any member of staff: https://digitaljcg.typeform.com/to/SlBD2DJy

Sexual violence and sexual harassment between children

Sexual harassment is unwanted conduct of a sexual nature which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment for them. Sexual harassment can occur online and offline and both inside and outside of College.

All staff should be mindful of the following DFE guidance:

‘Sexual violence and sexual harassment can occur between two children of any age and sex from primary through to secondary stage and into colleges. It can occur through a group of children sexually assaulting or sexually harassing a single child or group of children. Sexual violence and sexual harassment exist on a continuum and may overlap; they can occur online and face to face (both physically and verbally) and are never acceptable...all staff working with children are advised to maintain an attitude of ‘it could happen here’. (Sexual violence and sexual harassment between children in schools and colleges, DFE, September 2021)

These additional points of guidance are taken from the same DFE publication, and will guide the response of the DSL and all staff to any incident of sexual violence/harassment between children:

• ‘It is important to note that children may not find it easy to tell staff about their abuse verbally. Children can show signs or act in ways that they hope adults will notice and react to. In some cases, the victim may not make a direct report. For example, a friend may make a report or a member of school or college staff may overhear a conversation that suggests a child has been harmed, or a child’s own behaviour might indicate that something is wrong.
• It is essential that all victims are reassured that they are being taken seriously, regardless of how long it has taken them to come forward and that they will be supported and kept safe. Abuse that occurs online or outside of the school or college should not be downplayed and should be treated equally seriously. A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. Nor should a victim ever be made to feel ashamed for making a report or their experience minimised.
• A child abusing another child may be a sign they have been abused themselves or a sign of wider issues that require addressing within the culture of the school or college. Taking disciplinary action and providing appropriate support, can, and should, occur at the same time if necessary.
• If a report is determined to be unsubstantiated, unfounded, false or malicious, the designated safeguarding lead should consider whether the child and/or the person who has made the allegation is in need of help or may have been abused by someone else and this is a cry for help. In such circumstances, a referral to children’s social care may be appropriate.’

Procedures to minimise the risk of peer on peer abuse

Staff training 

Staff should always be clear that abuse is abuse and should never be tolerated or passed off a “banter” or “part of growing up” (see the guidance above) and should be aware of the importance of challenging such behaviours. Tolerating or dismissing such behaviours risks normalising them. Form tutors discuss pastoral cases with Heads of School as they arise and during regular tutor meetings, some of which may relate to peer on peer abuse.

Education

The pastoral curriculum (form time, PSHE, year assemblies) provides opportunities to teach students about appropriate and safe relationships. Topics include relational aggression, kindness, bullying, friendships, healthy relationships, radicalisation and grooming. There are other opportunities for discussion throughout the academic year (Just Be group, Pastoral Prefect meetings, Student Council).

Supervision 

Staff are on patrol duty during break time and lunchtime supervisors are on duty to minimise the risk of adult-free zones. CCTV is in operation in designated areas of the College and footage may be accessed as part of an investigation. The student support team and site team regularly liaise when a need arises to make an area of the school more accessible and visible.

Preventing radicalisation 

Radicalisation refers to the process by which a person comes to support terrorism and extremist ideologies associated with terrorist groups. ‘Extremism’ is defined as vocal or active opposition to fundamental values, including the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. All staff are subject to the Prevent duty: they must have due regard to the need to prevent people from being drawn into terrorism.

Signs of radicalisation

There is no single way of identifying an individual who is likely to be susceptible to an extremist ideology. It can happen in many different ways and settings. Background factors may contribute to vulnerability which are often combined with background influences such as family, friends or online, and with particular needs for which an extremist or terrorist group may appear to provide an answer. The internet and the use of social media in particular has become a major factor in the radicalisation of young people.

As outlined in CYPES’ Keeping Children Safe in Education (May 2021), thee following issues may make an individual vulnerable to radicalisation:

• Identity Crisis - Distance from cultural/religious heritage and uncomfortable with their place in the society around them;
• Personal Crisis- Family tensions; sense of isolation; adolescence; low self-esteem; disassociating from existing friendship group and becoming involved with a new and different group of friends; searching for answers to questions about identity, faith and belonging;
• Personal Circumstances- Migration; local community tensions; events affecting country or region of origin; alienation from UK values; having a sense of grievance that is triggered by personal experience of racism or discrimination or aspects of Government policy;
• Unmet aspirations - Perceptions of injustice; feeling of failure; rejection of community values;
• Criminality- Experiences of imprisonment; previous involvement with criminal groups

The following are possible early indicators of radicalisation:

• General changes of mood, patterns of behaviour, secrecy;
• Changes of friends and mode of dress;
• Use of inappropriate language;
• Possession of violent extremist literature;
• The expression of extremist views;
• Advocating violent actions and means;
• Association with known extremists;
• Seeking to recruit others to an extremist ideology.

Students who are at risk of radicalisation may have low self-esteem or be victims of bullying or discrimination. As with managing other safeguarding risks, staff should be alert to changes in students’ behaviour which could indicate that they may be in need of help or protection. Staff should use their professional judgement in identifying children who might be at risk of radicalisation and act proportionately. This may include making a referral to Children and Families Hub/ MASH through the Designated Safeguarding Lead with whom they should discuss their concerns.

Staff training

The Designated Safeguarding Lead and the Principal are undertaking Prevent awareness training (September 2021), and a Deputy DSL (ESF) has already undertaken this training. These colleagues able to provide advice and support to other members of staff on protecting children from the risk of radicalisation.

IT

Suitable filtering is reviewed to keep students safe from terrorist and extremist material when accessing the internet in College.

Online Safety: online safety is explicitly addressed in the staff induction process for new staff; staff are regularly updated through tutor meetings and staff meeting. Online safety features in our PSHE programme for students.

Procedures

If a member of staff is concerned that a pupil may be exposed to radicalisation the normal referral processes apply, i.e. they should discuss it with the Designated Safeguarding Lead who will follow the safeguarding procedures outlined in this policy.

Online Safety

The use of technology is a significant component of many safeguarding issues, including CSE, sexual predation and radicalisation. The breadth of issues classified within online safety can be categorised into four areas of risk

• Content: being exposed to illegal, inappropriate or harmful material;
• Contact: being subjected to harmful online interaction with other users; and
• Conduct: personal online behaviour that increases the likelihood of, or causes, harm.
• Commerce: risks such as online gambling, inappropriate advertising, phishing adnd or financial scams. [This 4^th areas was added to the DFE’s 2021 Keeping Children Safe in Education]

In seeking to manage online safety, College should have appropriate filters and monitoring systems in place, and give due consideration to the student age range, their frequency of access and the proportionality of costs vs risks.

For further guidance, see Appendix E of CYPES Keeping Children Safe in Education (May 2021).

Whistleblowing

All staff are required to report to the DSL, Principal (or if they are not available and the matter is urgent, a member of the Senior Leadership Team) any concern or allegations about College practices or the behaviour of colleagues which are likely to put students at risk of abuse or other serious harm. If the member of staff feels unable to raise their concern with the DSL, Principal (or a member of SLT), they should contact the Chair of Governors. There will be no retribution or disciplinary action taken against a member of staff for making such a report provided that it is done in good faith. Malicious allegations may be considered as a disciplinary offence.

What staff should do if they have concerns about a child or receive a complaint of abuse

Please see Appendix 3.

Child Protection Training

All new staff will be given guidelines and procedures during their induction period. New staff will access one day Foundation Level CP training as soon as possible, organised centrally by the Education Department.

GTTP beginning teachers and NQTs will receive training from Education as part of their induction programme.

A rolling programme of child protection training aims to train all staff, volunteers and members of the governing body to Foundation level and provide a cycle of refresher training sessions. Staff will complete an annual online refresher, using platforms such as National College or the Virtual College. Certificates to be forwarded to Designated Safeguarding Lead as proof of completion and collated by a member of the admin team.

Heads of School will access training at Level 3, as they serve as Deputy DSLs within their area of the College.

The Designated Safeguarding Lead (DSL) will undergo the DSL training course and any other safeguarding training at Level 3 and above to provide them with the knowledge and skills required to carry out the role

Where appropriate, individual staff may access further relevant training.

Roles and Responsibilities

 Students should be encouraged to take responsibility for:

• Caring and supporting each other.
• Communicating problems or concerns with a parent or member of staff.
• Using the Internet safely and adhering to the ‘Acceptable Use Policy’ which they sign when they join the College.

All staff have responsibility for:

• The safety and well-being of the students in their care.
• Reading the guidelines in this policy and confirming that they have read the contents through completion of the appropriate Form.
• Taking a positive role in child protection by observing outward signs of abuse, changes in behaviour or learning difficulties through day-to-day interactions with students.
• Following the correct procedures should a student disclose any harm, abuse or neglect.
• Being sensitive and enabling privacy.
• Reporting any concerns to the Safeguarding Lead and entering concern on MyConcern.
• Participating in appropriate training when requested.
• Keeping themselves informed of current child protection policies and procedures.

The Designated Safeguarding Lead has responsibility for:

• Sharing and evaluating concerns held by staff so that appropriate action to safeguard the welfare of students can be taken.
• Managing and actioning child protection systems and procedures in line with Education’s Child Protection Policy and Guidance.
• Supporting students who may be the subject of any child protection concerns or procedures.
• Liaising with and supporting staff who are working with students who may be the subject of any Child Protection concerns or procedures.
• Liaising with the Principal.
• Liaising with external agencies.
• Attending Child Protection conferences and strategy meetings or delegating attendance at these to appropriately trained colleagues who know the student(s) concerned best.
• Allocating staff to the appropriate training.
• Completing relevant courses at level 2 and 3 of the Child Protection Training Programme and having refresher training at least every 2 years.
• Developing the College Child Protection Policy, reviewing and refining systems and structures.
• Maintaining confidential records of meetings related to child protection procedures.
• Attending Governors’ Safeguarding sub-committee meetings and reporting on Child Protection matters at the meetings, whilst maintaining anonymity and confidentiality.
• Maintaining the profile of safeguarding students throughout the College.

For a full account of the role of the DSL, see Appendix D of CYPES’ Keeping Children Safe in Education (May 2021)

The SLT has responsibility for:

• Ensuring that a member of the team assumes the responsibility of the Safeguarding Lead should they and the Principal be absent.

The Principal has responsibility for:

• Overseeing the application of the Safeguarding and Child Protection Policy by the Safeguarding Lead.
• Supporting the Safeguarding Lead as appropriate.
• Deputising for the Safeguarding Lead if they are not available.
• Ensuring that there is a Governor with responsibility for safeguarding and wellbeing.
• Completing relevant courses at level 2 and 3 of the Child Protection Training Programme

Data, Referrals and Record Keeping

Data Protection

In compliance with the Data Protection (Jersey) Law 2018 and as set out in the Privacy Policy, the College collect and process personal data of staff, students, parents, governors and suppliers for specific purposes allowed by law and holds personal information about students in order to safeguard and promote their welfare, promote the objects and interests of the College facilitate the efficient operation of the College and ensure compliance with all relevant legal obligations. Ref https://www.jerseycollegeforgirls.com/jc-privacy-policy/

Record Keeping

All concerns, discussions and decisions made and the reasons for those decisions should be recorded contemporaneously using My Concern. If in doubt about recording requirements, staff should discuss with the designated safeguarding lead.

Action by the Designated Safeguarding Lead on receiving a notification of concern/ complaint of abuse

Options may include the following: managing any support for the child internally via the College's own student support processes; an early help assessment; or a referral to the Children and Families Hub. The Designated Safeguarding Lead will, when taking action:

• Clarify the issues with the person raising the concern
• Refer the matter to the Principal to agree on the next steps, depending on the seriousness of the suspicion or complaint. A complaint involving a serious criminal offence will always be referred to social services and the police immediately
• Consider the wishes of the student who has complained, provided that the student is of sufficient understanding and maturity and properly informed. However, there may be times when the situation is so serious that decisions may need to be taken, after all appropriate consultation, that override a student’s wishes
• Consider the wishes of the complainant's parents, provided they have no interest which is in conflict with the student’s best interests and that they are properly informed. Again, it may be necessary, after all appropriate consultation, to override parental wishes in some circumstances. If the Designated Safeguarding Lead is concerned that disclosing information to parents would put a child at risk, they may take further advice from the relevant professionals (e.g. DSO) before informing parents. A disclosure to Children and Families Hub/MASH may be made without prior contact with a child’s parents.
• Depending on the nature of the disclosure, advice will be sought from MASH as to when to notify the complainant’s parents.
• Consider duties of confidentiality, so far as applicable.

Types of referral

There are different types of referral procedures according to the nature of the disclosure made.

Where a child has suffered or is at risk of harm and the matter does not involve a member of staff, a referral will be made to Children and Families Hub/MASH as soon as possible.

Where there are concerns about a member of staff’s suitability to work with children, a referral will be made to MASH who will inform the JDO.

If the child is considered to be a concern and is not at risk of suffering immediate significant harm but requires additional support (e.g. Early Help or pastoral support), the Designated Safeguarding Lead will refer the child to the relevant agency. Where a child and family would benefit from coordinated support from more than one agency (for example education, health, housing, police) there should be a referral to Early Help.

Where a disclosure relates to the mental health of a student and she is at risk from herself rather than a third party, the Designated Safeguarding Lead will refer to CAMHS and parental consent will be sought. Where a student is already accessing care from CAMHS the DSL or appropriate member of the Student Support Teams will raise the concern with CAMHS.

See Appendix 4 for a flow chart detailing different responses to concerns being identified about a child.

Student child protection records:

The College will keep all child protection records confidential, allowing disclosure only to those who need the information in order to safeguard and promote the welfare of children. The College will co-operate with police and social services to ensure that all relevant information is shared for the purposes of child protection investigations and in accordance with the requirements of Working Together To Safeguard Children (July 2018).The Designated Safeguarding Lead will ensure that if a student who is subject to a child protection plan moves to another school, their child protection file will be transferred securely to a designated contact at the new school and confirmation of safe receipt obtained.

Engaging Students in Learning about Safeguarding

Listening to students: 

The College provides a range of opportunities for students to be listened to. Tutor groups throughout the College ensure that there is regular contact time between tutor and tutees at daily registration and for extended tutor periods up to three times a week. Weekly PSHE lessons for students in Y7-10 seek to create an environment where students can share any concerns. A ‘Who can I talk to?’ document outlines the support system within the College and identifies key members of staff in the student support team, including school counsellors. This document is available to view on tutor room noticeboards. The College employs two counsellors (providing full time cover). Students may self-refer to the counsellors. Parental permission is sought for referrals to CAMHS services for students under the age of 16.

Teaching students about safeguarding:

Students are taught about a range of safeguarding issues (including online safety, substance misuse, child sexual exploitation, grooming, mental health, self-harm and bullying, relationship education, relationships and sex education and health education) through their PSHE lessons, visiting speakers and the assembly, tutorial and Elective programmes. Students are taught how to identify risks and how to adjust their behaviour in order to mitigate these risks and build resilience. Certain safeguarding issues are covered in the delivery of Relationships and Sex Education (RSE). Resilience to radicalisation is taught through PSHE by promoting fundamental values and enabling students to challenge extremist views. Suitable filtering and monitoring is in place to protect students from online abuse on the school networks.

Risk assessment

The College recognises that the evaluation of risks and putting in place steps to mitigate against these risks contributes to promoting the welfare and protection of students. For hazardous activities and curricular and co-curricular activities that may pose specific risks, risk assessments are carried out in accordance with the College’s Health and Safety policy and reviewed as required. Risk assessments for school trips and visits are reviewed by the Assistant Headteacher (Organisation). Students who are at risk of harm are either referred to external agencies in accordance with these procedures and/or if the student is at risk of harm from themselves, the Designated Safeguarding Lead will assess the risk and may put in place a safety plan that will be shared with relevant teachers.

Visitors 

All visitors must sign in and sign out on departure and are escorted whilst on College premises by a member of staff or appropriately DBS checked volunteer, unless they have a current DBS certificate which is presented on arrival. All visitors are given a name badge with the title ‘Visitor’ which must be clearly displayed and worn at all times whilst on the College premises.

College premises

The College takes all practicable steps to ensure that College premises are as secure as circumstances permit.

Monitoring and review

Any safeguarding incidents at the College will be followed by a review of the safeguarding procedures within the School (which will include a review of this policy) to determine whether any improvements can be made to prevent a similar event from occurring in the future. Such reviews of safeguarding incidents are a standing item on the agenda of Student Support Team meetinngs.

In addition, the Designated Safeguarding Lead will monitor the operation of this policy and its procedures and undertake an annual review of this policy and the College's safeguarding procedures.

Relationship to other policies

External Policies and other useful documents:

• Keeping Children Safe in Education (CYPES)
• Child Protection ( Education )
• Continuum of need guidance
• Online Safety Policy (Education Department)
• Self-harm and early intervention in schools (Education Department)
• Health and Safety (Education)
• Education Positive Behaviour policy
• Police intervention in schools
• Allegation against a member of staff or volunteer
• Special Educational Needs Policy (Education)
• Post-16 work experience as a part of 16 to 19 study programmes and traineeships (DfE March 2015)
• Data Protection
• JC Privacy Policy
• Transgender guidance for schools
• Administration of medication in schools
• Keeping Children Safe in Education (DFE)
• Sexual violence and sexual harassment between children in schools and colleges
• Sharing nudes and semi-nudes: advice for education settings working with children and young people

Internal Policies:

• Health and Safety
• Individual Student Needs/SEN Policies and Procedures
• Online safety (within Safeguarding and Child Protection Policy, Appendix 9)
• Improving Behaviour Policy
• Counter Bullying policy

Please see Pages 7-13 of the Continuum of Need document on Safeguarding Partnership Board website

The Assessment Framework (ED Child Protection Policy) 

The Assessment Framework will assist professionals in identifying those children with extra needs and enable them to make appropriate referrals to agencies on behalf of the child. Where possible, this should be completed in consultation and partnership with the parent, carer and/or young person according to their capacity.

Staff are advised to maintain an attitude of ‘it could happen here’ where safeguarding is concerned. When concerned about the welfare of a child, staff should always act in the best interests of the child. Staff should approach all concerns about students with a mindset of see/hear it, believe it, do something about it (as outlined below).

Concerns / initial complaint of abuse:

Staff should act on their concerns immediately and:

• stay calm and sympathetic. Listen carefully to the child and keep an open mind. Staff or volunteers should not take a decision as to whether or not the abuse has taken place
• not ask leading questions, that is, a question which suggests its own answer. Ask open questions that will encourage a secure and sympathetic environment for the child, such as, "is there anything else you want to tell me?”
• reassure the child that they have a responsibility to keep them safe, but not give a guarantee of absolute confidentiality. The member of staff or volunteer should explain that they need to pass the information to a member of staff who will ensure that the correct action is taken. Staff or volunteers should not make promises that they can’t keep such as ‘everything will be alright’ but clearly explain what they have to do next and who they will talk to
• keep a sufficient and accurate written record of the conversation. The record should include the date, time and place of the conversation and the essence of what was said and done by whom and in whose presence. The record should be signed by the person making it and should use names, not initials. The record must be kept securely and entered onto MyConcern as soon as possible. If the member of staff is unable to enter directly onto MyConcern they should pass their notes to an appropriate member of the Student Support Team.

For urgent concerns, the member of staff should seek the DSL or a deputy in person immediately, and:

• not take any further action unless specifically requested by the Designated Safeguarding Lead or the Principal.
• only share information on a need-to-know basis and must not discuss the matter with other colleagues

Sexting / sharing nude and semi-nude images 

Sexting is defined as the production of and/or sharing of sexual photos and videos of and by young people who are under the age of 18. Staff who are aware of an incident involving sexting should:

• Never view, download or share the imagery, or ask a child to share or download – this is illegal.
• Report it to the DSL, if the imagery has already been viewed by accident.
• Not delete the imagery or ask the young person to delete it.
• Not ask the young person(s) who are involved in the incident to disclose information regarding the imagery. This is the responsibility of the DSL.
• Not share information about the incident to other members of staff, the young person(s) it involved or their, or other, parents.
• Not say or do anything to blame or shame any young people involved.
• Explain to students that the incident must be reported to the DSL.

Preserving evidence

All evidence, (for example, scribbled notes, mobile phones containing text messages, clothing, computers), must be safeguarded and preserved and given to the DSL

Reporting:

All suspicion or complaints of abuse must be reported to the Designated Safeguarding Lead or Deputy Designated Safeguarding Lead, or if the complaint involves a member of staff, to the Principal. Details of procedures for reporting allegations against members of staff are given on page 4 of this policy. If in exceptional circumstances you are not able to speak to the Designated Safeguarding Lead, the Deputy Designated Safeguarding Lead or the Principal, you should speak to your line manager. If there is risk of immediate serious harm to a child and you are not able to follow this referral procedure, contact Children and Families Hub/MASH. Please see Emergency contact list at Appendix 5 for emergency contact details. Anybody can make a referral. If there is an immediate emergency, dial 999 and report the matter to the police.

Supporting Principles relating to any Safeguarding Disclosure:

For further guidance, see ‘Recognition and dealing with disclosures’ in CYPES’ Keeping Children Safe in Education (May 2021)

Receive

• Listen to the student without displaying shock or disbelief
• Allow the student to talk freely
• Take what they say seriously

Reassure

• That the student has done the right thing talking about their worries
• That only those people who need to know will be told: avoid promises of confidentiality
• That the student will be involved in/ know what happens next

React

• Elicit just as much information as you need in order to ascertain that there is a child protection issue which needs following up
• Avoid leading questions, ask only open questions like: “is there anything else you would like to tell me?”
• Feel confident to ask the student and parents (where appropriate) questions to find out the facts, whilst avoiding leading questions
• Explain what you have to do next and to whom you have to talk (Safeguarding Lead)

Report and Record

• Inform Safeguarding Lead or Principal
• Log your conversation or observation using My Concern (Appendix 2). Report as soon after the event as possible. Ensure that the words used in the report are as accurate as possible.
• Be objective in your recording, rather than making assumptions or interpretations
• All reports will be securely stored
• Agreement will be reached about the action to be taken and communicated to all concerned
• Reports will be reviewed on an individual basis by the Safeguarding Lead / Principal/ Headteacher liaising between Prep and Senior School as appropriate
• In the event of a serious disclosure where you may have concerns over the immediate safety of a child or student, refer immediately to Emergency Contact List (see Appendix 5).

Staff Awareness

Staff have a duty to deal with any child protection issue that may arise and also to avoid any activity that may reasonably raise concerns as to their propriety. Examples might include students drinking alcohol with staff, being invited to their homes or allowing access to inappropriate materials or internet sites. Any member of staff who is aware of such activities should report them to a senior colleague or the DSL. This should include what the DFE’s Keeping Children Safe in Education (2021) refers to as a ‘low-level concern is any concern – no matter how small, and even if no more than causing a sense of unease or a ‘nagging doubt’’. Ensuring such low-level concerns are appropriately shared and ‘dealt with effectively should also protect those working in or on behalf of schools and colleges from potential false allegations or misunderstandings.’

Any individual contact with students out of education settings should only be done with the prior knowledge of parents and senior colleagues. Staff should make every effort to avoid being in a situation where they are alone with a student in an isolated area, talking with a student in a closed room without others being aware of or being on their own with a student in a car or minibus. 

Sexual harassment

This includes gender related comments about a student’s physical attributes; unwelcome or gratuitous physical contact; suggestive or offensive remarks or innuendos about students of a specific sex; propositions of physical intimacy; gender related verbal abuse; threats or taunting; bragging about sexual prowess; requests for dates or sexual favours; offensive jokes or comments of a sexual nature about a student; displays of sexually offensive pictures, graffiti or other materials; highly personal questions or discussions about sexual activities; rough and vulgar humour or language related to gender; repeated “compliments” regarding a student’s appearance, hair and clothes.

Inappropriate relationships

In common law, a member of staff is held to a higher standard of conduct than many other members of society. A member of staff’s sexual relationship with a student is regarded as professional misconduct. Any such relationship or conduct directed at establishing a relationship are prohibited. Activities such as sending intimate letters or e-mails from a member of staff to a student, personal telephone calls, suggestive comments and dating are unacceptable. Staff receiving inappropriate communication from students should report the matter to the DSL, or another member of the SLT, who will investigate and deal with it appropriately.

Physical Restraint

Physical restraint of students is part of a range of strategies available to manage challenging behaviour and to protect the safety of children. The Education Restraint Policy is included in the Special Educational Needs Policy. A link to this policy can be found in the ‘Relationship to other Policies’ section of this document.

Restraint should only be used as a last resort after other strategies included in the school’s behaviour policy. Physical restraint always carries a risk that the child or staff may be damaged, physically or emotionally. Inappropriate or excessive use of restraint can lead to an allegation of assault. For further details, see pp. 35-36 of CYPES’ Keeping Children Safe in Education (May 2021).

Physical Contact and Intervention

Photography, Videos and Other Creative Arts

Many activities involve recording images. These may be undertaken as part of the curriculum, extra school activities, for publicity and to celebrate achievement. Staff need to be aware of the potential for these occasions to be misused for pornographic or “grooming” purposes. Careful consideration should be given as to how these activities are organised and undertaken. Using images of children for publicity purposes will require the consent of parents. Images should not be displayed on websites, in publications or in a public place without such consent. When using a photograph for publicity purposes the following guidance should be followed:

• If the photograph is used avoid naming the child
• If the pupil is named avoid using their photograph
• Schools should establish whether the image will be retained for further use
• Images should be securely stored and used only by those authorised to do so

Further advice is available in the Education ‘Policy and Guidance on Use of Images: photographs, videos, CCTV and web cams.’

Online-safety - Internet Use

The College has a clear procedure regarding access to and the use of the Internet and have regard to Education guidance. Staff should also refer to the schools’ e-safety policy, including the Acceptable Use Agreement (AUA).

Under no circumstance should staff in Education settings access inappropriate images. Accessing child pornography or indecent images of children on the Internet and making, storing or disseminating such material is illegal.

Using Education equipment to access inappropriate or indecent material, including adult pornography, is unacceptable.

Education advises staff to exercise caution when communicating with children and young people using the Internet or mobile technology. Staff should only use official Education email accounts to talk to students online so that any communication is logged. It may be appropriate to set up a site to communicate in some circumstances, for example, to arrange sporting fixtures or for a particular curricular activity but staff should ensure their line manager or SLT is aware of this and that it is shared with other staff.

Staff should also only communicate on school matters as personal communication could be considered to be inappropriate.

Students might try to include staff in their ‘friends’ list on their online social network or get hold of a personal email address or mobile number. Staff should be cautious about this as there are inherent risks in staff using such sites to communicate with students in respect of the potential overlap between their personal and professional lives. Staff should refer any concerns to the DSL.

The Education Department has a policy on Police Involvement in Schools. 

A copy of the full policy is available at the link in the ‘Relationship to other policies’ section of this document. Please see below a summary of key points:

Contacting the Police

Should an event occur which requires Police involvement, then please speak to a Senior Leader at school. The Senior Leader will decide whether the police should be contacted.

The Senior Leader will

• In an EMERGENCY dial 999
• For an incident which is not an emergency –dial 612612

Schools are encouraged to deal with minor incidents internally, using the Improving Behaviour Policy.

If an incident is deemed serious enough to contact the police, then all interviews with those suspected of being involved in the crime must stop until the Police arrive.

Receiving a call from the Police/Social Services

General phone calls - When anyone calls and speaks to any member of JCG staff, saying that they are from the Police or Social Services

DO

• Ask a caller who they are and what agency they are from and take their telephone number. Tell them that someone will get back to them asap.
• Tell a member of SLT about the call immediately, so that they can get back in touch with the police/agency asap.
• If in doubt about what to do, do not speak to the person: just say that you will inform the person who is best placed to help them with their request.

DO NOT

• Give out any details about a student unless you know that the person is their parent/carer.
• Say whether a student is in school or give any personal details overthe phone. The Police are required to produce a Data Protection request form, which they will show a member of the SLT, before we are obliged to give out any information or details about students.
• Speak to anyone other than the parent of the child. If you are unsure they are the parent, then ask for their number and call them back later, after checking their telephone number on SIMS.

Introduction

This protocol sets out a joint-agency procedure to provide, by early intervention, appropriate support for children and young people who have experienced domestic abuse in their household.

Child/young person in this document refers to any child under the age of 18 years.

What is domestic abuse?

This definition was provided by the UK Home Office and was adopted in Jersey on 1^st January 2013.

Any incident or pattern of incident of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse:

• psychological
• physical
• sexual
• financial 
• emotional

• Controlling behaviour includes a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.

• Coercive behaviour includes an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

Domestic Abuse is a safeguarding children issue: statistics show that the States of Jersey Police [SOJP] attend between 900 – 1100 domestic incidents a year and that around 45% of these involve children within the household or linked to the involved parents. It therefore follows that a number of these children will be ill-prepared to deal with school either the following day or on a Monday morning.

Witnessing domestic abuse is distressing for a child, who can often see the abuse, hear it from another room, see a parent’s injuries or distress afterwards or be physically hurt trying to stop the abuse.

The emotional responses of children who witness domestic abuse may include fear, guilt, shame, sleep disturbances, sadness, depression, and anger.

Research tells us that domestic abuse may have a long term psychological and emotional impact on children.

This protocol supports the implementation of working partnerships between the SOJP and the Education Department, in this case the Education MASH researcher. The protocol sets out how information will be shared between the SOJP and the Education MASH researcher who has links with every school in Jersey.

With an ethos based on ‘safeguarding children and promoting the welfare of children’, the SOJP will inform the Education MASH researcher about any domestic abuse incidents where a child has been present to allow the school to take appropriate steps to support the child during what could be an emotionally difficult day and ensure support as needed continues.

Schools can then ensure support mechanisms are in place for the child. In its simplest form, given some leeway, comfort and support. This makes a huge difference to children. It also allows children the opportunity to talk about their experience in the knowledge that a safe adult in school understands what is happening in their lives.

It is felt that the numbers of incidents can be managed through existing information sharing protocols, in this case from PPU to Education MASH researcher. The Education MASH researcher will then be expected to share information with relevant schools.

The information shared will only be what is required to safeguard the child or, and would include:

• Date and time of incident
• Brief circumstances
• Police action if appropriate

Aims

This Protocol does not replace or supersede existing protocols, or singularly address child welfare. The Protocol should always be followed in conjunction with the current safeguarding procedures and practitioner’s guidelines found here and is in place to ensure the child’s welfare is safeguarded and promoted.

By sharing this information, children who are experiencing domestic abuse will have access to responsive support after a domestic abuse incident. Schools will receive information when:

• Police have been called out to a domestic abuse incident
• The child is present in the household at the time of the incident
• If the child is not present there is evidence to show that domestic abuse has been occurring in the household where the child resides, for some time
• The child is attending an Education Department educational setting.

This knowledge, given to the schools by the Education MASH researcher allows the provision of silent or overt support dependent upon the needs and wishes of the child.

Legal Requirements

Introduction

Professionals can only work together effectively to protect children if there is an exchange of relevant information between them. This has been recognised by the courts in Jersey (see X v Minister for Health and Social Services [2015] JRC252).

Any disclosure of personal information to others must always have regard to the Law. This Protocol sets out the legal position of PPU, Education MASH researcher and schools in relation to exchanging and sharing of information.

Law of Confidentiality

Personal information about individuals held by PPU is subject to the legal duty of confidence, and should not normally be disclosed without the consent of the subject. However, the law permits the disclosure of confidential information where a countervailing public interest can be identified. Such a public interest might relate to the proper administration of justice and to the prevention of wrongdoing. The court in R v Chief Constable of North Wales Police, ex parte Thorpe [1996] QB 396 Lord Bingham CJ considered that where a public body acquires information relating to a member of the public which is not generally available and is potentially damaging, the body ought not to disclose such information save for the purpose of and to the extent necessary for performance of its public duty or enabling some other public body to perform its public duty.

There is a public interest in the safeguarding of children. Both Jersey case law and the Data Protection (Jersey) Law 2005 recognise that it may be necessary for PPU to disclose confidential information to the Education MASH Researcher for the purposes of safeguarding children and young people who have experienced domestic abuse in their household. The information to be disclosed must be both relevant and necessary for the purposes of safeguarding.

It is acknowledged that the law on the disclosure of confidential information is complex. There are restrictions on the sharing of information between the parties under the Data Protection (Jersey) Law 2005 and the Human Rights (Jersey) Law 2000. However, the sharing of information is not necessarily contrary to these Laws.

Data Protection (Jersey) Law 2005

The Data Protection (Jersey) Law 2005 (the 2005 Law) requires that personal information is obtained and processed fairly and lawfully; only disclosed in appropriate circumstances; is accurate, relevant and not held longer than necessary; and is kept securely. The 2005 Law allows for disclosure without the consent of the subject in certain conditions, including for the purposes of the exercise of any functions conferred on any person by or under any enactment.

When disclosing personal information, many of the data protection issues surrounding disclosure can be avoided if the consent of the individual has been sought and obtained. Where consent of the individual is not sought, or is sought but withheld, there can be an exchange of information between the PPU and the Education MASH Researcher where there is an overriding public interest or justification for doing so.

The Data Protection (Sensitive Personal Data) (Jersey) Regulations 2005 contain further conditions for processing Sensitive Personal Data. Given the information to be shared relates to children and young people who have experienced domestic abuse in their household and is for the purpose of providing support to the child or young person, the PPU can share such information for a policing function (Regulation 11).

This means that the exchange of relevant information between PPU and the Education MASH Researcher in this Protocol is not restricted under the 2005 Law because it will nearly always be the case that the overriding public interest in favour of sharing the information will apply.

Children (Jersey) Law 2002

The Children (Jersey) Law 2002 is the law that governs what Jersey authorities adhere to with regards to children. In particular, Article 4 provides that a person who does not have parental responsibility for a particular child but has care of the child may (subject to the provisions of that Law) do what is reasonable in all the circumstances of the case for the purpose of safeguarding or promoting the child’s welfare. This would include the sharing of information where it is necessary and in the public interest to do so.

European Convention on Human Rights 

The Human Rights (Jersey) Law 2000 gives effect to the rights and freedoms guaranteed under the European Convention on Human Rights. Article 8 protects the right to respect for private and family life, home and correspondence. Article 8 is a "qualified" right which means that it can be interfered with where it is in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

The court will order disclosure of information where it is necessary for the protection of health or morals, for the protection of the rights and freedoms of others and for the prevention of disorder or crime (Article 8 (2)). Disclosure should be appropriate for the purpose and only to the extent necessary to achieve that purpose.

Information sharing

It is recognised that the handling of such confidential, sensitive information needs to be dealt with in a way that is proportionate and appropriate to the needs of each child or young person. To address this, the Education MASH researcher will only disclose information to ‘Key Adults’ from each school [The Designated Safeguarding Lead, Head Teacher or their Deputy]. The Education MASH researcher will be responsible for recording what information is given to the ‘Key Adults’ and to agreeing the secure storage of such information. Further dissemination within the school must be on a ‘Need to know’ basis.

Whilst consent may not be required good practice dictates that Police Officers ensure that children [age appropriate] and parents/carers are aware that information will be shared with the school and Education MASH researcher and for what purpose. This is with the usual considerations that this will not increase risk to the child or impact on the prevention or detection of crime.

Roles and Responsibilities Police

What will be disclosed?

Details collated with respect to the child will include their name, age, date of birth, home address and school attended. The school will be told the time/date/location of the incident, the parties involved in the incident [including their relationship with the child], and the child’s involvement in the incident.

How will it be disclosed and when?

Information will be disseminated from the Public Protection Unit [PPU] directly to the Education MASH researcher, in the Multi-Agency Safeguarding Hub. The Education MASH researcher will then be responsible for sharing the information once they have confirmed the school attended. A log will be kept by PPU as to what is disclosed and when as will the Education MASH researcher

Incidents occurring on Friday, Saturday or Sunday will be disclosed to the Education MASH researcher on the Monday morning.

There is no planned provision to share information on all incidents with the Education MASH researcher during school holiday periods, as the aim of this protocol is to provide support in the period immediately following the incident. (However significant incidents occurring during the school holidays will be considered for disclosure at the start of term)

A disclosure will be made in respect of all children attending Education Department Schools/Settings.

Education Department’s /School’s Responsibility

It is the responsibility of the Education Department Designated Safeguarding Officer [DSO] to ensure that the ‘Key Adults’ who receive this information are those who are suitably briefed around safeguarding and the handling of such sensitive information.

Any changes to the named ‘Key Adults’ would be managed between the school and the DSO and shared with the Education MASH researcher. Schools should ensure any change of DSL is notified to the Ed. Dept. DSO and both the DSL/ Head teacher and/or their deputy are aware of and able to implement their responsibilities in relation to this protocol. This means ensuring that key administrators/receptionists are aware of the importance and significance of contact from the Education MASH researcher so information can be shared in a timely manner.

Schools must record and retain the information that they receive from the Education MASH researcher and such information will be stored in the same way as child protection records. Schools need to be aware that in the event of any domestic murder or serious case review the documents may be required for disclosure purposes.

Data controllers 

The PPU, Education MASH Researcher and the school, which either sends or receives data from the other in pursuance of this Protocol, and that processes that data, or any part of it, for their own purposes is a data controller for their version of the data. Data controllers are responsible for complying with their obligations under the 2005 Law in respect of any personal and sensitive personal data that they process.

Data Retention 

In line with the 5th Principle in Schedule 1 to the 2005 Law data controllers must ensure that all Personal data must not be kept longer than is necessary for the purposes for which they are processed. The PPU, the Education Department and schools agree to review their records retention policies and ensure that appropriate provision is made for the retention and destruction of Personal data obtained as part of this Protocol.

Data Security

In accordance with the 7th principle in Schedule 1 to the 2005 Law, data controllers must take appropriate technical and organisational measures against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, Personal data.

There are always data security risks when transferring and managing personal and sensitive personal data. Both the PPU and the Education Department agree to take action to mitigate these risks by adopting appropriate data security practices, including ensuring that they have robust procedures in place to protect against the loss or theft of data received pursuant to this Protocol.

Schools’ Responses

Once the school Designated Safeguarding Lead (DSL) receives information from the MASH Education Researcher they will inform relevant school staff so that additional support can be implemented during the school day. For primary school children this is likely to be the class teacher, for secondary school children it may be the form tutor, head of year or relevant subject teachers.

If the child already receives additional support, for example, the Social, Emotional, Mental Health and Inclusion Team (SEMHIT) may already be working with the child and family, the school ELSA and/or school counsellor, they should be informed on ‘a need to know’ basis as such information is likely to influence their approach and assessment of the child.

Being prepared for the unexpected

The child may be unusually upset and emotional, but equally, they may present as withdrawn and ‘not their usual self’. The identified school staff need to observe and monitor. There is a chance the child will disclose to an adult about what has happened, or share further information that raises further concern. Staff need to manage any disclosures in the usual way according to safeguarding children procedures.

Introduction:

The internet and constantly evolving technology continually changes the way that we all interact with the world. Whilst advances in technology offer a plethora of excellent opportunities for teaching and learning, this technology comes with some potential risks.

Online safety is not purely about technology. Many of the issues arising from online activity are behavioural and consequently will be managed in the same way as any other inappropriate behaviour.

E-Safety messages such as ‘don’t post personal information online’ are now almost meaningless, as the whole point of social media for many young people is to share personal information. Also the huge range of online applications now used means that locking information down via privacy settings is almost impossible.

Our key aim with respect to the use of technology is that there is no substitute for a strong established culture of safeguarding within the College, which prioritises the safety of both our students and staff, especially in relation to the use of online apps, social media and wireless technology.

Objectives:

To achieve these aims our policies, systems and procedures are designed to:

• help students and staff to identify and manage risks when using technology.
• use filtering and monitoring technologies to prevent students and members of staff from gaining either accidental or deliberate access to unacceptable online content whilst on the College’s premises or using College facilities.
• encourage students and staff to report anything they encounter online which concerns them.
• ensure, wherever possible, that students and staff do not engage in inappropriate activities when
• using technology whilst at school.
• encourage students and staff to communicate appropriately, for example using only school email addresses to communicate with students.
• regularly inform students, parents and staff about the latest potential online risks and concerns, also alerting them to related matters that include, online reputation, data protection and identity theft.

Systems and Procedures:

Staff:

• have a responsibility to familiarise themselves with the most up to date Education Online Safety policy and procedures documentation.
• are required to sign the JCG Staff Acceptable Use Agreement and the JCG Child Protection Policy
• have a responsibility to follow the College Safeguarding reporting procedure and it is essential that any information or concerns regarding eSafety are communicated as soon as is reasonably possible to the Designated Safeguarding Lead. (See College Child Protection Policy)
• should be aware of online eSafety procedures and positively communicate the importance of maintaining Digital Safeguarding in the use of technology with their students
• should, when using social networking sites for their private use ensure that their privacy settings are appropriate, protecting their online reputation and they should not, for example, befriend students, and also be aware of potential risks associated with befriending ex-students
• have a responsibility to ensure that any online information, in either a personal or professional capacity, protects their professional integrity and does not bring their self, the College, the States of Jersey nor the teaching profession into disrepute
• should, when selecting websites/ online content for learning, review it to use with students, check their Terms & Conditions with regard to data protection compliance and the minimum age set for the websites to protect children from risk of harm or to comply with legal requirements
• should participate in appropriate eSafety and child protection training when requested
• should keep themselves informed of current online eSafety issues
• have a responsibility to teach and support students to identify and manage risks associated with online behaviour and reputation
• have a responsibility to maintain and keep data secure, ensuring all sensitive data is stored in the ‘Staff Sensitive’ area of Office 365 and is appropriately encrypted
• should never allow their network log-in to be used by a student
• who wish to use social networking sites for educational purposes must complete an appropriate risk assessment and have approval from the eSafety officer.

Online Safety Training for Staff:

• All new staff will be given guidelines and procedures during their induction period.
• The College will provide appropriate eSafety training.
• NQTs will receive training from the Education department as part of their induction programme.
• Where appropriate, individual staff may access further relevant training.

The e-Safety Officer and the DSL have joint responsibility for:

• having a clear understanding of child protection, eSafety and data protection policies and procedures – and be able to determine the applicable policies/ procedures for different situations
• acquiring appropriate relevant training regarding new technologies and their impact on Online Safety
• attending eSafety / Online Safety conferences and strategy meetings
• identifying training needs for the Student Support Team
• being the primary point of contact between the College and the Education department’s Head of Governance.
• planning and delivering student and parent awareness programmes (e.g. information booklets, parent information evenings)
• sharing and evaluating concerns held by staff so that appropriate action to safeguard the welfare of students can be taken
• ensuring members of staff are informed about lines of external support that are available to them, such as the Professionals’ Online Safety Helpline (helpline@saferinternet.org.uk) operated by the UK Safer Internet Centre http://www.saferinternet.org.uk/about
• monitoring and responding to Lightspeed (filtering) and alerts as appropriate
• ensuring eSafety / Online Safety signage and information is visible around the College and is regularly updated
• supporting students who may be the subject of any Online Safety concerns and referring to outside agencies if appropriate
• liaising with and supporting staff who have concerns about Online Safety
• maintaining confidential records of meetings and events relating to Online Safety issues
• making use of a self-review tool to inform the College Online Safety Policy
• maintaining a record of staff who are using social media with their students and ensuring that risk assessments where appropriate are updated for websites and Apps

All Students should be encouraged to take responsibility for:

• their own online eSafety and, together with parents, sign and abide by the student AUA
• ensuring that their Online Profile is secure and does not make them vulnerable
• respecting personal privacy and keeping their own and other people’s personal information private, including photographs, passwords and any staff mobile phone numbers given out for the purposes of a school trip.
• realising that the need to respect each other is equally as important online as it is in face to face contacts
• reporting inappropriate use of technology immediately to a teacher
• engaging in lessons on eSafety awareness and Online Safety training
• behaving in a healthy and positive manner towards digital technologies and when engaging in online activities

Parents/guardians have responsibility for:

• discussing and supporting their child abide by the AUA
• discussing the need to be safe online with their child
• encouraging their daughters to report any concerns regarding online safety to them or to the school
• accessing support systems in school and via the Internet to develop an appropriate awareness of how to protect their child
• Contacting the College (eSafety Co-ordinator or DSL) with any concerns regarding Online Safety
• respecting data protection issues when sharing images, videos and text, especially personal information about their child on social media networking sites
• respecting school passwords and encouraging their child never to attempt to obtain or to use another child’s or an adult’s password
• encouraging their child to read and respect (or to ask for advice or permission as appropriate) the Terms & Conditions of web services, especially with regard to the minimum age that some companies set for their websites in order to protect children from risk of harm or to comply with legal requirements

The Principal has responsibility for:

• overseeing the application of the Online Safety Policy
• supporting the eSafety Officer as appropriate.
• ensuring that a member of the SLT team assumes the responsibility of the eSafety officer should the DSL or the designated eSafety Officer be absent.

Relationships to other policies

External policies to be found at:

http://www.gov.je/Government/Departments/EducationSportCulture/Pages/Policies.aspx#anchor-4

• Child Protection ( ED )
• Online Safety Policy for Schools and Youth Projects (ED)
• Health and Safety (ED)
• Data Protection (ED)
• Education Department Online Safety Policy

Internal Policies:

• Improving Behaviour Policy
• Counter bullying policy
• Student Acceptable Use Agreement
• Staff Acceptable Use Agreement