0% found this document useful (0 votes)
273 views

Safeguarding and Child Protection in Schools. A Guide For Schools. de 2017

This document provides guidance for schools on safeguarding and child protection. It outlines the key responsibilities of the school board of governors and safeguarding team which includes the chair, designated governor, principal, and designated and deputy designated teachers. It discusses developing a child protection policy, staff recruitment and training, and working with parents. The document also covers types of abuse, signs of abuse, and referral processes. It provides guidance on protecting vulnerable children and developing preventative curriculums. Record keeping procedures and links to relevant legislation and agencies are also included.

Uploaded by

Maya Hs
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
273 views

Safeguarding and Child Protection in Schools. A Guide For Schools. de 2017

This document provides guidance for schools on safeguarding and child protection. It outlines the key responsibilities of the school board of governors and safeguarding team which includes the chair, designated governor, principal, and designated and deputy designated teachers. It discusses developing a child protection policy, staff recruitment and training, and working with parents. The document also covers types of abuse, signs of abuse, and referral processes. It provides guidance on protecting vulnerable children and developing preventative curriculums. Record keeping procedures and links to relevant legislation and agencies are also included.

Uploaded by

Maya Hs
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 101

Safeguarding and

Child Protection
in Schools

A Guide for Schools


Contents

Section/
Page

1. Overview 1 - 1

2. Key Principles of Safeguarding and Child Protection 2 - 1

3. Legal and Policy Context 3 - 1

4. Managing Safeguarding and Child Protection in Schools 4 - 1

4.1 Responsibilities of Board of Governors 4 - 1

4.2 The School Safeguarding Team 4 - 3


4.2.1 Chair of Board of Governors 4 - 4
4.2.2 Designated Governor for Child Protection 4 - 4
4.2.3 School Principal 4 - 4
4.2.4 Designated Teacher for Child Protection 4 - 5
4.2.5 Deputy Designated Teacher for Child Protection 4 - 6

4.3 Child Protection Policy 4 - 6


4.3.1 The Child Protection Policy 4 - 6

4.4 Recruitment and vetting of staff and volunteers 4 - 7


4.4.1 AccessNI clearance 4 - 8
4.4.2 Volunteers 4 - 8

4.5 Visitors to Schools 4 - 9

4.6 Pupils on work experience 4 - 9

4.7 Child Protection Training 4 - 10


4.7.1 School Governors 4 - 10
4.7.2 Designated Teacher Training/Deputy Designated Teacher Training 4 - 10

4.8 Conduct of staff 4 - 10

4.9 Parents 4 - 12

4.10 Child Protection Support Service 4 - 14


Section/
Page

5. Dealing with Child Protection Concerns 5 - 1

5.1 What is child abuse? 5 - 1

5.2 Types of abuse 5 - 2

5.3 Talking to children where there are concerns about possible abuse 5 - 3

5.4 Child displaying symptoms of, or school alerted to, possible abuse 5 - 5

5.5 Dealing with allegations of abuse made against a member of staff 5 - 6

5.6 Process for referral 5 - 7


5.6.1 Context 5 - 7
5.6.2 Understanding the Needs of Children in Northern Ireland 5 - 7

5.7 Flowcharts - Process for referral 5 - 10

6. Specific Types of Abuse 6 - 1

6.1 Grooming 6 - 1

6.2 Child Sexual Exploitation 6 - 2


6.2.1 Identifying CSE 6 - 3
6.2.2 What to do 6 - 4

6.3 Domestic and sexual violence and abuse 6 - 6

6.4 Female Genital Mutilation 6 - 8

6.5 Forced marriage 6 - 10

6.6 Children who display harmful sexualised behaviour 6 - 12


6.6.1 What is harmful sexualised behaviour? 6 - 13

6.7 E-Safety/Internet abuse 6 - 14

6.8 Managing the risks 6 - 15

6.9 Sexting 6 - 16
6.9.1 Sexting between individuals in a relationship 6 - 16
6.9.2 Sharing an inappropriate image with an intent to cause distress 6 - 17
Section/
Page

7. Dealing with Children with Increased Vulnerabilities 7 - 1

7.1 Children with a disability 7 - 1

7.2 Children with limited fluency in English 7 - 1

7.3 Pre-school provision including nursery schools and classes 7 - 2

7.4 Gender identity issues/Sexual orientation 7 - 2

7.5 Boarding schools and residential settings 7 - 4

7.6 Work experience and residential situations 7 - 5

8. Preventative Curriculum 8 - 1

8.1 Relationships and Sexuality Education 8 - 2

8.2 Domestic and sexual violence and abuse 8 - 3

9. Child Protection: Record Keeping in Schools 9 - 1

10. Other Policies 10 - 1

10.1 Overview 10 - 1

10.2 Physical contact with pupils/safe handling/use of reasonable force 10 - 2

11. Contacts 11 - 1

Annexes

Annex A: Legislation A - 1

Annex B: Other Agencies and Support Services B - 1

Annex C: Code of Conduct for Staff and Volunteers in Schools C - 1

Appendix 1 C - 7

Appendix 2 C - 8
Overview

1 - iv
Overview

1 Overview

In recognition of the key role that a school plays in the life of a child, schools have a
safeguarding responsibility towards the children and young people in their charge. This
guide aims to assist the School Board of Governors (BoG) and other school staff in
fulfilling their responsibilities regarding their safeguarding and child protection role, in
order to promote clarity and consistency of approach across all schools.

Whilst this guidance has been drafted for schools, it is also useful for other settings
including early years and youth and they will therefore wish to consider how to adapt
the processes outlined in this circular to their settings.

Public awareness of matters relating to safeguarding and child protection continues to


grow, as the whole context rapidly expands due to changes in society and, particularly,
new technology. Recent safeguarding and child protection cases have highlighted the
need for everyone to take responsibility for protecting children as well as the necessity
for those in key positions to have a clear understanding of their role in adhering to
policies and procedures.

Safeguarding is more than child protection. Safeguarding begins with preventative


education and activities which enable children and young people to grow up safely
and securely in circumstances where their development and wellbeing is promoted. It
includes support to families and early intervention to meet the needs of children and
continues through to child protection, which refers specifically to the activity that is
undertaken to protect individual children or young people who are suffering, or likely to
suffer harm.

In all matters relating to safeguarding and child protection procedures or


policies, the best interests of the child must be the paramount consideration.

This guidance should be read in conjunction with:

BB The Department of Health’s ‘Co-operating to Safeguard Children and Young


People in Northern Ireland’ (March 2016) at:
www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-
people-northern-ireland and

BB The Safeguarding Board for Northern Ireland’s (SBNI) Policies and Procedures
which can be found on the SBNI website at: www.safeguardingni.org/resources

1-1
Key Principles of Safeguarding and Child Protection
Overview

The Education Authority (EA) Safeguarding site also provides useful information on all
aspects of safeguarding and child protection:
www.eani.org.uk/schools/safeguarding-and-child-protection/

The contents of this guidance do not constitute, or purport to be, an authoritative


interpretation of the law; that is exclusively a matter for the courts.

12 - 2
Key Principles of Safeguarding and Child Protection

2 Key Principles of Safeguarding and


Child Protection

The following principles should underpin all strategies, policies, procedures, practice
and services relating to safeguarding children and young people.

BB The child or young person’s welfare is paramount - The welfare of the child
is the paramount consideration for the courts and in childcare practice. An
appropriate balance should be struck between the child’s rights and parent’s1
rights. All efforts should be made to work co-operatively with parents, unless
doing so is inconsistent with ensuring the child’s safety.

BB The voice of the child or young person should be heard - Children and
young people have a right to be heard, to be listened to and to be taken
seriously, taking account of their age and understanding. They should be
consulted and involved in all matters and decisions which may affect their
lives and be provided with appropriate support to do so where that is required.
Where feasible and appropriate, activity should be undertaken with the consent
of the child or young person and, where possible, to achieve their preferred
outcome.

BB Parents are supported to exercise parental responsibility and families


helped to stay together - Parents have responsibility for their children rather
than rights over them. In some circumstances, parents will share parental
responsibility with others such as other carers or the statutory authorities.
Actions taken by organisations should, where it is in the best interests of the
child, provide appropriate support to help families stay together as this is often
the best way to improve the life chances of children and young people and
provide them with the best outcomes for their future.

BB Partnership - Safeguarding is a shared responsibility and the most effective


way of ensuring that a child’s needs are met is through working in partnership.
Sound decision-making depends on the fullest possible understanding of
the child or young person’s circumstances and their needs. This involves
effective information sharing, strong organisational governance and leadership,
collaboration and understanding between families, agencies, individuals and
professionals.

1 References to parents throughout this document includes those that have parental responsibility
and carers.

2-1
Key Principles of Safeguarding and Child Protection

BB Prevention - The importance of preventing problems occurring or worsening


through the introduction of timely supportive measures.

BB Responses should be proportionate to the circumstances - Where a child’s


needs can be met through the provision of support services, these should
be provided. Both organisations and individual practitioners must respond
proportionately to the needs of a child in accordance with their duties and the
powers available to them.

BB Protection - Children should be safe from harm and in circumstances where


a parent or carer is not meeting their needs, they should be protected by the
State.

BB Evidence-based and informed decision making - Decisions and actions


taken must be considered, well informed and based on outcomes that
are sensitive to, and take account of, the child or young person’s specific
circumstances, risks to which they are exposed, and their assessed needs.

In relation to the school setting for the purposes of this guidance:

BB The term ‘child’ has the same meaning as in the Children (Northern Ireland)
Order 1995 ie a person under the age of 18. In the case of a pupil with special
educational needs the term ‘child’ should be interpreted as including any person
who has not attained the age of 19 and is a registered pupil at the school. A
person who attains age 19 during a school year shall be deemed not to have
attained that age. While a school has responsibility for all registered pupils,
referral pathways and processes may differ for a young person over the age of
18 (Education (NI) Order 1996).

BB All schools have a safeguarding responsibility towards the young people in


their charge and should take all reasonable steps to ensure that their welfare is
safeguarded and their safety is preserved.

BB Safeguarding/Child Protection arrangements should be accessible in the school


and understood by children so that they know what to do and who to go to.

BB References to ‘parent’ have the same meaning as anyone with ‘Parental


Responsibility’ as defined in Article 6 of the Children Order ie ‘all the rights,
duties, powers, responsibilities and authority which by law a parent of a child
has in relation to the child and his property’. In practical terms, it means the
responsibility to care for, and the right to make important decisions about, the
child.

2-2
Key Principles of Safeguarding and Child Protection

BB The term ‘staff’ refers to all staff including paid, unpaid, non-teaching and
volunteers.

BB The term ‘Designated Teacher’ encompasses the role of both the Designated
and Deputy Designated Teachers.

BB The term “Employing Authority” is used throughout this guidance to encompass


the Education Authority NI (EANI) (formerly the five Education and Library
Boards), Council for Catholic Maintained Schools (CCMS), Board of Governors
(BoG) or Proprietor of an Independent School as appropriate and any Body
which might assume these functions in the future.

2-3
Legal and Policy Context

3-4
Legal and Policy Context

3 Legal and Policy Context

There is a broad range of international and domestic legislation relating to child welfare
and protection. Details of all relevant legislation are set out in Annex A and schools
must be aware of their responsibilities in each case, however, as a starting point
schools must be aware of the following:

The United Nations Convention on the Rights of the Child

The United Kingdom agreed to be bound by the Convention in 1991. It sets out
the rights which all children and young people up to the age of 18 should have.

The Children (Northern Ireland) Order 1995

The Children (Northern Ireland) Order 1995 is the principle statute governing
the care, upbringing and protection of children in Northern Ireland. It applies to
all those who work with and care for children, whether parents, paid carers or
volunteers. It is the most comprehensive and far reaching child care legislation
ever introduced to Northern Ireland. It clearly identifies five key principles
which are Paramountcy, Prevention, Protection, Partnership and Parental
Responsibility with the welfare of the child considered as being of paramount
importance.

The Education and Libraries (Northern Ireland) Order 2003

Articles 17, 18 and 19 of the Education and Libraries (Northern Ireland) Order
2003 place a statutory duty on Boards of Governors (BoG) to safeguard and
promote the welfare of its pupils and to determine the measures to be taken
at the school with a view to protecting pupils from abuse (whether at school
or elsewhere). Article 18(d) requires BoG to prepare a written statement of
such measures and to provide this to parents. BoG must also have regard
to any guidance given by the Department, the Education Authority (EA), the
former DHSSPS (Department of Health from 9 May 2016), Safeguarding Board
Northern Ireland (SBNI) and the relevant Employing Authority.

As such, all grant-aided schools must have a child protection policy which
includes the appointment of a Designated/Deputy Designated Teacher with
responsibility for child protection. Requirements on other settings are a
condition of grant.

3-1
Legal and Policy Context

Sexual Offences (Northern Ireland) Order 2008

This legislation reduced the age of consent in NI (in line with other areas of the
UK), and strengthened the legal safeguards for young people between the ages
of 16 and 17. Significantly, it introduced the concepts of grooming (including
online behaviours), and ‘Abuse of a Position of Trust’.

Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 as


amended by the Protection of Freedoms Act 2012 provides the legislative
framework for the establishment of a Disclosure and Barring Service and
requirements relating to individuals who work with children and vulnerable
adults. This legislation, brought in to address concerns around the plethora
of criminal justice legislation in recent years, defines ‘regulated activity’ with
children and prevents persons on barred lists from engaging in regulated
activity.
www.legislation.gov.uk/ukpga/2012/9/contents/enacted

The Safeguarding Board (Northern Ireland) Act 2011

This Act established the SBNI and places interagency co-operation on a


statutory footing. The objective of the SBNI is to safeguard and promote the
welfare of children and young people in Northern Ireland by co-ordinating and
ensuring the effectiveness of what is done by each person or body represented
on the board. The SBNI are also responsible for development of regional
policies and procedures for safeguarding and promoting the welfare of children.
www.safeguardingni.org

The Public Services Ombudsman Act (NI) 2016

The Public Services Ombudsman Act (NI) 2016 gives a power to investigate
education authorities in respect of complaints made by a member of the public
(came into effect on1 April 2016). The power to investigate will extend to Boards
of Governors of grant‑maintained schools from 1 April 2017. This process of
complaint must be referred to in the complaints policy.
www.legislation.gov.uk/nia/2016/4/schedule/1/paragraph/5

3-2
Legal and Policy Context

The Addressing Bullying in Schools Act (NI) 2016

The new provisions introduced by this Act have not yet been brought into
operation.

Section 2 of the Act will require that the BoG of the school determine the
anti-bullying measures pursued at the school, ensure these are properly
implemented and are reviewed at intervals of no more than four years.

Section 3 of the Act will place a statutory duty on Boards of Governors of a


grant-aided school to ensure that a record is kept of all incidents of bullying
behaviours or alleged bullying behaviours involving a registered pupil at the
school that occur:

(a) on the premises of the school during the school day;

(b) while travelling to or from the school during the school term;

(c) while the pupil is in the lawful control or charge of a member of the staff of
the school; or

(d) while the pupil is receiving educational provision arranged on behalf of the
school and provided elsewhere than on the premises of the school.

The Act can be found at:


www.legislation.gov.uk/nia/2016/25/pdfs/nia_20160025_en.pdf

Government Policies and Strategies

Co-operating to Safeguard Children and Young People in Northern Ireland


(March 2016)

This policy replaces the ‘Co-operating to Safeguard Children guidance issued in


2003 and provides the overarching policy framework for safeguarding children
and young people in the statutory, private, independent, community, voluntary
and faith sectors. It outlines how communities, organisations and individuals
must work both individually and in partnership to ensure children and young
people are safeguarded as effectively as possible.
www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-
people-northern-ireland

3-3
Managing
Legal and Safeguarding
Policy Contextand Child Protection in Schools

Domestic and Sexual Violence and Abuse Strategy 2013-2020 and


subsequent action plans

This Strategy highlights an overarching strategic vision for addressing domestic


and sexual violence and abuse. The Department of Health (DoH), and the
Department of Justice (DoJ) are the strategic lead departments in taking forward
both the domestic violence and abuse and sexual violence and abuse agendas
through improved effective, collaborative, and cohesive engagement within and
across Northern Ireland.

The Stopping Domestic and Sexual Violence and Abuse Strategy can be found
at:
www.health-ni.gov.uk/publications/stopping-domestic-and-sexual-violence-and-
abuse-northern-ireland-strategy

Adult Safeguarding: Prevention and Prevention in Partnership

‘Adult Safeguarding: Prevention and Protection in Partnership’ was published


by the former DHSSPS (now the Department of Health) and the Department of
Justice, on behalf of the Northern Ireland Executive in July 2015 with the aim of
improving safeguarding arrangements for adults who are at risk of harm from
abuse, exploitation or neglect. A key objective is to reduce the incidence of
harm from abuse, exploitation or neglect of adults who are at risk in Northern
Ireland and to provide effective support and, where necessary, protective
responses and access to justice for victims and their families. The publication is
available at:
www.health-ni.gov.uk/sites/default/files/publications/dhssps/adult-safeguarding-
policy.pdf

Child Protection Support Service (CPSS) offices will have contact details for
Vulnerable Adult Safeguarding Teams.

34 - 4
Managing Safeguarding and Child Protection in Schools

4 Managing Safeguarding and Child


Protection in Schools

Everyone in education plays a part in keeping children and young people safe from
harm and abuse.

All staff in a school, both teaching and non-teaching, have a responsibility to ensure the
protection and welfare of children is paramount. This also extends to any volunteers
accepted to work in the school during school hours when pupils are on the premises.

4.1 Responsibilities of Board of Governors

The Education and Libraries (Northern Ireland) Order 2003 places a statutory duty on
Boards of Governors (BoG) to:

BB Safeguard and promote the welfare of pupils.

BB Have a written child protection policy.

BB Specifically address the prevention of bullying in school behaviour management


policies.

The Addressing Bullying in Schools Act (NI) 2016, when enacted, will place a statutory
duty on Boards of Governors to keep a record of all incidents of bullying or alleged
bullying involving a registered pupil at the school.

To fulfil their responsibilities BoGs are obligated to acknowledge and work within
the relevant guidance and procedural documents that have been produced by the
Department of Education (DE) and the Department of Health (DoH).

All Governors should have initial Child Protection Support Service (CPSS) child
protection training with the Chair and Designated Governor for Child Protection
undertaking full CPSS training. All Governors should undertake refresher Child
Protection training every term of office (four years). See Section 4.7 for more details
on child protection training.

4-1
Managing Safeguarding and Child Protection in Schools

Process

Boards of Governors must ensure that:

BB A Designated Governor for Child Protection is appointed.

BB A Designated and Deputy Designated Teacher are appointed in their schools.

BB They have a full understanding of the roles of the Designated and Deputy
Designated Teachers for Child Protection.

BB Safeguarding and child protection training is given to all staff and governors
including refresher training.

BB The school has a Child Protection Policy which is reviewed annually and
parents and pupils receive a copy of the child protection policy and complaints
procedure every two years (see Section 4.3 for more details).

BB The school has an Anti-Bullying Policy which is reviewed at intervals of no more


than four years and maintains a record of all incidents of bullying or alleged
bullying. See the Addressing Bullying in Schools Act (NI) 20162.

BB The school ensures that other safeguarding policies, see Section 10, are
reviewed at least every three years, or as specified in relevant guidance.

BB There is a code of conduct for all adults working in the school (see Section 4.8
for more details).

BB All school staff and volunteers are recruited and vetted, in line with DE Circular
2012/19 (see Section 4.4 for more details).

BB They receive a full annual report on all child protection matters (It is best
practice that they receive a termly report of child protection activities). This
report should include details of the preventative curriculum and any initiatives or
awareness raising undertaken within the school, including training for staff.

BB The school maintains the following child protection records in line with DE
Circulars 2015/13 Dealing with Allegations of Abuse Against a Member of Staff
and 2016/20 Child Protection: Record Keeping in Schools:

- Safeguarding and child protection concerns.

- Disclosures of abuse.

2 www.legislation.gov.uk/nia/2016/25/section/2 Not yet enacted

4-2
Managing Safeguarding and Child Protection in Schools

- Complaints against staff.

- Staff induction and training.

NB: Governors of Schools which are involved in initiatives such as Extended Schools,
Full Service Schools, and Boarding Departments, must ensure that the implications for
safeguarding their pupils in the extended school environment are fully addressed and
that this is addressed, and that these are outlined within the school’s child protection
policy.

4.2 The School Safeguarding Team

As best practice, in the best interests of the children, and as a support for the
Designated Teachers, the school should establish a Safeguarding Team. This team
should include the Chair of the Board of Governors, the Designated Governor for
Child Protection, the Principal (as Chair), the Designated Teacher and the Deputy
Designated Teacher. The team may co-opt other members as required to help address
specific issues, for example the SENCO, ICT Co-ordinator, etc.

This Safeguarding Team is a vehicle for ensuring effective co-ordination and


co‑operation between the key individuals responsible for safeguarding throughout the
school.

The EA CPSS provides child protection training in relation to the specific


responsibilities of each member of the team3.

The responsibilities of the team should include:

BB The monitoring and periodic review of Safeguarding and Child Protection


arrangements in the school.

BB Support for the Designated Teacher in the exercise of their child protection
responsibilities, including recognition of the administrative and emotional
demands of the post.

BB Ensuring attendance of Governors and staff at relevant training - including


refresher training - in keeping with legislative and best practice requirements.

As best practice, the Safeguarding Team should review their child protection/
safeguarding practices annually using the Education and Training Inspectorate (ETI)
pro-forma entitled ‘Guidance for the evaluation of child protection/safeguarding’. ETI
expects the pro-forma to be completed and provided to them as a permanent record on

3 Child Protection Training is delivered by CPSS. It can be supplemented by external training should
schools decide to do so however it would not replace the CPSS training.

4-3
Managing Safeguarding and Child Protection in Schools

all types of inspections. Phase and sector appropriate versions of the pro-forma (which
is annually reviewed and updated) and other information from ETI is available on the
ETI website: www.etini.gov.uk/articles/safeguarding

4.2.1 Chair of Board of Governors

The Chairperson of the Board of Governors plays a pivotal role in creating and
maintaining the safeguarding ethos within the school environment.

In the event of a safeguarding and child protection complaint being made against the
Principal, it is the Chairperson who must assume lead responsibility for managing
the complaint/allegation in keeping with guidance issued by the Department (and
relevant guidance from other Departments when it comes to other early years settings),
employing authorities, and the school’s own policies and procedures.

The Chairperson is responsible for ensuring child protection records are kept and for
signing and dating the Record of Child Abuse Complaints annually, even if there have
been no entries.

4.2.2 Designated Governor for Child Protection

The Board of Governors will delegate a specific member of the governing body to
take the lead in safeguarding/child protection issues in order to be able to advise the
governors on:

BB The role of the designated teachers;

BB The content of child protection policies;

BB The content of a code of conduct for adults within the school;

BB The content of the termly updates and full Annual Designated Teachers Report;

BB Recruitment, selection, vetting and induction of staff.

4.2.3 School Principal

The Principal, as the Secretary to the Board of Governors, will assist the Board of
Governors to fulfil its safeguarding and child protection duties, keeping them informed
of any changes to guidance, procedure or legislation relating to safeguarding and child
protection, ensuring any circulars and guidance from the Department of Education is
shared promptly, and termly inclusion of child protection activities on the BoG meeting
agenda. In addition, the Principal takes the lead in managing child protection concerns
relating to staff.

4-4
Managing Safeguarding and Child Protection in Schools

The Principal has delegated responsibility for establishing and managing the
safeguarding and child protection systems within the school. This includes the
appointment and management of suitable staff to the key roles of Designated and
Deputy Designated Teacher posts and ensuring that new staff and volunteers have
safeguarding and child protection awareness sessions as part of an induction
programme.

It is essential that there is protected time and support to allow the Designated Teachers
(DTs) to carry out this important role effectively and that DTs are selected based on
knowledge and skills required to fulfil the role (see Section 4.2.4).

The Principal must ensure that parents and pupils receive a copy, or summary, of the
Child Protection Policy at intake and, at a minimum, every two years.

4.2.4 Designated Teacher for Child Protection

Every school is required to have a Designated and Deputy Designated Teacher


with responsibility for child protection. These are highly skilled roles developed
and supported through a structured training programme, requiring knowledge and
professional judgement on complex and emotive issues. The role involves:

BB The induction and training of all school staff including support staff.

BB Being available to discuss safeguarding or child protection concerns of any


member of staff.

BB Responsibility for record keeping of all child protection concerns.

BB Maintaining a current awareness of early intervention supports and other local


services eg Family Support Hubs4.

BB Making referrals to Social Services or PSNI where appropriate.

BB Liaison with the EA Designated Officers for Child Protection.

BB Keeping the school Principal informed.

BB Lead responsibility for the development of the school’s child protection policy.

BB Promotion of a safeguarding and child protection ethos in the school.

BB Compiling written reports to the Board of Governors regarding child protection.

4 See Section 4.2 ‘Early Recognition of Families in Need’ in ‘Co-operating to Safeguard Children
and Young People in Northern Ireland’ for more information.

4-5
Managing Safeguarding and Child Protection in Schools

4.2.5 Deputy Designated Teacher for Child Protection

The role of the Deputy Designated Teacher is to work co-operatively with the
Designated Teacher in fulfilling his/her responsibilities.

It is important that the Deputy Designated Teacher works in partnership with the
Designated Teacher so that he/she develops sufficient knowledge and experience to
undertake the duties of the Designated Teacher when required. Deputy Designated
Teachers are also provided with the same specialist training by CPSS to help them in
their role.

Schools may have more than one Deputy Designated Teacher depending on their size,
location, (eg split site schools) and the presence of an additional provision such as a
nursery or speech and language unit, or boarding department.

4.3 Child Protection Policy

Schools are expected to do whatever is reasonable, in all the circumstances of the


case, to safeguard and promote their pupils’ safety and wellbeing. Every school
should work to create and maintain an ethos which contributes to the care, safety and
well‑being of children or young people and must maintain a child protection policy that
reflects both its legal duties and its safeguarding and child protection responsibilities.

Article 18 of the Education and Libraries (NI) Order 2003 requires the BoG to prepare a
written statement of child protection measures and to provide this to parents.

As such, all grant-aided schools must have a child protection policy which includes the
appointment of a Designated/Deputy Designated Teacher with responsibility for child
protection. Requirements on other settings are a condition of grant.

4.3.1 The Child Protection Policy

The Child Protection Policy is one of a suite of safeguarding policies and should set
out clearly the procedures to be followed in cases of suspected abuse, drawing on
the guidance provided by the Department, EA, the former DHSSPS, the Department
of Health, the appropriate Employing Authority and the Safeguarding Board for
Northern Ireland.

A school’s child protection policy must be a ‘living document’ providing a secure


framework within which all staff can work. It reflects the values to which the school
community is committed and how the school is fulfilling its statutory responsibilities in
safeguarding children.

4-6
Managing Safeguarding and Child Protection in Schools

The school policy should include:

BB The school’s safeguarding/child protection ethos.

BB Details of the safe recruitment measures used.

BB Definitions and potential signs and symptoms of abuse including Child Sexual
Exploitation (CSE) and domestic violence.

BB The roles of the Designated and Deputy Designated Teacher and appropriate
contact details for them.

BB The reporting process for child protection concerns ie who to report to and what
to record.

BB The reporting process for concerns about school staff or volunteers.

BB How a parent can raise a concern about safeguarding/child protection.

BB Reference to a Code of Conduct for all staff and volunteers.

BB The school’s approach to “The Preventative Curriculum”.

BB Reference to other safeguarding policies eg anti-bullying, safe handling,


intimate care, educational visits, online safety, mobile learning, whistle blowing,
attendance, and safe environment.

BB Specific Issues eg extended school activity, boarding department.

The Board of Governors must ensure that the school has a child protection policy which
is reviewed annually, and that parents and pupils receive a copy of the child protection
policy and complaints procedure every two years.

4.4 Recruitment, Vetting and Induction of Staff and Volunteers

Vetting checks are a key preventative measure in preventing unsuitable individuals


access to children and vulnerable adults through the education system and schools
must ensure that all persons on school property are vetted, inducted and supervised as
appropriate.

4-7
Managing Safeguarding and Child Protection in Schools

The Safeguarding Vulnerable Groups (NI) Order 2007 and the Protection of Freedoms
Act 2012 provide the legislative framework for a vetting and barring scheme for people
who work with children and vulnerable adults.
www.legislation.gov.uk/nisi/2007/1351/pdfs/uksi_20071351_en.pdf
www.legislation.gov.uk/ukpga/2012/9/contents/enacted

Process

The responsibilities and processes to be followed are clearly set out in:

DE Circular 2013/01 ‘Disclosure and Barring Arrangements: Vetting


Requirements for Paid Staff working in or Providing a Service in Schools’:
www.education-ni.gov.uk/publications/circular-201301-guidance-schools-and-
employing-authorities-pre-employment-safer

DE Circular 2012/19 ‘Disclosure and Barring Arrangements: Changes to


Pre‑Employment Vetting Checks for Volunteers Working in Schools from
10 September 2012:
www.education-ni.gov.uk/publications/circular-201219-changes-pre-
employment-vetting-checks-volunteers-working-schools

4.4.1 AccessNI Clearance

DE Circular 2013/01 (updated September 2015) sets out vetting requirements for
schools. In brief, the following groups must have an Enhanced Disclosure Certificate
(EDC) from AccessNI before taking up post:

BB All new paid teaching and non-teaching staff.

BB Examination Invigilators.

BB Private contracted transport providers - named drivers.

4.4.2 Volunteers

There are two types of volunteers working in schools: those who work unsupervised
and those who work under supervision. Volunteers who work unsupervised are
required to have an EDC. A volunteer who works under supervision is not required to
obtain an EDC, however, schools/ organisations must determine whether the level of
supervision meets the statutory standard - see DE Circular 2012/19.

Schools must ensure that volunteers, eg coaches, music tutors, school photographers
etc, who are employed by others, have the necessary clearances in place.

4-8
Managing Safeguarding and Child Protection in Schools

4.5 Visitors to Schools

Visitors to schools, such as parents, suppliers of goods and services, to carry out
maintenance etc do not routinely need to be vetted before being allowed onto school
premises. However, such visitors should be managed by school staff and their access
to areas and movement within the school should be restricted as needs require.

Visitors should be:

BB Met/directed by school staff/representatives.

BB Signed in and out of the school by school staff.

BB If appropriate, be given restricted access to only specific areas of the school.

BB Where possible, escorted by a member of staff/representative.

BB Clearly identified with visitor/contractor passes.

BB Access to pupils restricted to the purpose of their visit.

BB If delivering goods or carrying out building/maintenance or repair tasks their


work should be cordoned off from pupils for health and safety reasons.

4.6 Pupils on Work Experience

Health and Social Care Programmes will require an Enhanced Disclosure Certificate
for pupils on long term placement and may be required for pupils on work experience/
shadowing placements. Schools should apply through their AccessNI Registered Body
in advance. (See DE Circular 2013/01 for more information).

Pupils coming into the school on work experience do not require AccessNI clearance
if they are fully supervised by school staff. The normal child protection induction
processes should apply.

4-9
Managing Safeguarding and Child Protection in Schools

4.7 Child Protection Training

4.7.1 School Governors

Child Protection Training for school governors has three specific strands:

BB Initial Child Protection Awareness Training as part of the induction programme


for all new governors.

BB Child Protection Training from the CPSS for Chairperson and Designated
Governor for Child Protection in order that they can assist the full Board of
Governors with their child protection governance. This should be completed
during each term of office (every four years).

BB Training on recruitment, selection and vetting which incorporates child protection


legislation and DE guidance for all governors who will be sitting on interview or
teacher appointments panels.

On line training packages are available on ESAGs TV at www.esags.tv/ however this is


to provide additional support rather than act as a substitute for child protection training.

4.7.2 Designated Teacher Training/Deputy Designated Teacher Training

All new Designated Teachers (DTs) and Deputy Designated Teachers (DDTs) should
attend the two day CPSS Introduction to Child Protection course, within their first year
in post. Several of these courses will be offered throughout the year.

DTs and DDTs should attend refresher training every 3 years thereafter. A certificate
of attendance will be issued to DTs and DDTs as proof of attendance and this may
be examined by ETI during any inspection. All training is subject to the Safeguarding
Board for Northern Ireland’s (SBNI) Child Protection and Safeguarding Learning and
Development Strategy 2014-2017.

The DT and DDT are expected to cascade child protection training to the whole school,
at a minimum every two years, with new staff receiving training as part of their induction
programme. All staff should know how to identify the signs and symptoms of possible
abuse and be aware of the relevant child protection procedures, including how to
contact the designated teacher.

4.8 Conduct of Staff

The protection and promotion of the welfare of children and young people is a
responsibility for all members of staff, teaching and non-teaching. In meeting this, staff

4 - 10
Managing Safeguarding and Child Protection in Schools

should work towards a culture of mutual trust and respect in school through which the
best interests of the children and young people entrusted to their care is paramount.

Naturally, implicit in this is the assumption that the conduct of school staff towards their
pupil group must be above reproach. This holds true whatever the age, gender, or
developmental maturity of the pupils, but clearly the younger the child, or the greater
the degree of learning difficulties he/she has, the less likely it will be that he/she will be
able to recognise and respond appropriately to an abuse by any member of staff or the
trust that his/her position confers.

Each school should operate a Code of Conduct which extends to staff, both teaching
and non-teaching, and volunteers and should include:

BB Private meetings with pupils.

BB Physical contact with pupils, including safe handling/use of reasonable force.

BB Choice and use of teaching materials.

BB Relationships and attitudes.

BB Use of social media.

BB Staff mobile phone policy.

An exemplar can be found at Annex C.

Adherence to the Code will reduce the risk of allegations being made. Schools should
adapt and update the Code to meet their individual needs and agree the contents with
teaching and non-teaching staff.

The Code of Conduct is not intended to detract from the enriching experiences children
and young people gain from positive interaction with staff within the education sector.
Rather, it is intended to assist staff by drawing attention to the areas of risk for staff
and by offering guidance on conduct. The Code of Conduct can be referred to in the
school’s child protection/pastoral care policy, and should be made known to parents.

The Code cannot address every possible circumstance in which staff might find
themselves, however it is intended that staff will be mindful of the Code which will raise
awareness of issues and situations which can potentially arise. In all circumstances,
employees’ professional judgement will be exercised and for the vast majority of
employees this Code of Conduct will serve only to confirm what has always been their
safe practice.

4 - 11
Managing Safeguarding and Child Protection in Schools

4.9 Parents

The primary responsibility for safeguarding and protection of children rests with
parents who should feel confident about raising any concerns they have in relation to
their child. As part of the ongoing work of fostering trust and good relationships with
parents/carers, the school should help parents/carers to understand its responsibility
for the welfare of all the children and young people in its charge.

All policies, including child protection, pastoral care, anti-bullying, positive behaviour,
online safety, and complaints, should be issued to parents/carers at intake*. The child
protection policy, in particular, should be reviewed and reissued, at a minimum, every
two years*.

*Issue of a summary of the full policy is sufficient provided it contains clear


details of how to access the full policy, including a hard copy if required.

It should be clear that the school will always protect the best interests of the child and,
in cases of suspected abuse, may refer cases direct to the investigative agencies. It is
important that parents take time to read these policies and know they are required to
inform the school:

BB If the child has a medical condition or educational need.

BB If there are any Court Orders relating to the safety or wellbeing of a parent or
child.

BB If there is any change in a child’s circumstances for example - change of


address, change of contact details, change of name, change of parental
responsibility.

BB Parents of primary school children should tell the teacher if there are any
changes to arrangements about who brings their child to and from school.

BB Parents should contact the school if their child is absent and send in a note on
the child’s return to school. This assures the school that the parent/carer knows
about the absence. More information on parental responsibility can be found on
the EA website at:
www.eani.org.uk/schools/safeguarding-and-child-protection/

BB It is essential that the school has up to date contact details for the parent/carer.

4 - 12
Managing Safeguarding and Child Protection in Schools

The arrangements for parents to make known to staff any concerns they may have
about the safety of their (or another) child should be clear, including how to contact the
school, the class teacher, the Designated Teacher for Child Protection,or the Principal
if they are worried about a safeguarding or child protection concern. The process for a
parent who has a potential safeguarding or child protection concern is set out below.

If a parent has a potential child protection concern:

I have a concern about my/a child’s safety

I can talk to the class/form teacher

If I am still concerned, I can talk to the Designated/


I have a concern about my/a child’ safety
Deputy Designated Teacher for child protection or the Principal

If I am still concerned, I can talk/write to the


I have a concern about my/a child’ safety
Chair of Board of Governors

If I am still concerned I can contact the


NI Public Services Ombudsman
Tel: 0800 343 424

At any time I can talk to the local


Children’s Services Gateway Team or
the PSNI Central Referral Unit at 028 9025 9299

4 - 13
Dealing with
Managing Safeguarding
Child Protection
and Child
Concerns
Protection in Schools

4.10 Child Protection Support Service (CPSS)

The CPSS is a regional service for schools. It is based within the EA Directorate of
Children and Young People’s Services.

The CPSS primary role is to provide:

BB Daily helpline to advise, guide and support DTs/DDTs/Principals in relation to


concerns about individual children with safeguarding/child protection concerns
and on wider policy and training matters.

BB Initial, refresher and cluster group training on child protection issues.

BB Support visits to schools where required.

BB Advice and guidance on assessing and managing children who pose a


significant risk of harm to themselves, other pupils and staff.

BB Dissemination of new information on training, DE Circulars and guidance.

BB Support in developing or reviewing the school’s child protection policy.

BB Follow up to ETI inspections where safeguarding/child protection is identified as


an area for improvement.

The CPSS will also:

BB Offer training to the Chairperson and Designated Governor for Child Protection
in relation to their statutory safeguarding/child protection responsibilities.

BB Offer support, advice and training to other services within the EA.

BB Assist Education Authority Human Resource Managers in dealing with


allegations of abuse against teachers and other EA officers/employees.

BB Liaise with Social Services and PSNI where appropriate.

BB Represent the education sector at multi-agency meetings including MARAC


(Multi Agency Risk Assessment Conference) meetings which are a co-ordinated
inter‑agency response to domestic violence and abuse.

Contact details for CPSS are included in the Contacts Section.

45 - 14
Dealing with Child Protection Concerns

5 Dealing with Child Protection Concerns

5.1 What is Child Abuse?

Child abuse occurs in families from all social classes and cultures and in communities,
agencies and organisations. Abusers come from all walks of life and all occupations
and professions. Child abuse can manifest in a number of ways and can involve a
combination of the forms of abuse. Those working with children and young people
must have an awareness and understanding of the nature and prevalence of different
manifestations within their practice area.

It is always preferable to prevent abuse, or for intervention to take place at the earliest
possible stage. Through their day-to-day contact with individual children, school staff,
especially teachers, but also non-teaching staff, including lunch-time supervisors and
ancillary or auxiliary staff, are particularly well placed to observe outward symptoms,
change in appearance, behaviour, learning pattern or development.

A child in need of protection is a child who is at risk of, or likely to suffer significant
harm which can be attributed to a person or persons or organisation, either by an
act of commission or omission; or a child who has suffered or is suffering significant
harm. ‘Harm’ means ill treatment or the impairment of health or development, and the
question of whether harm is significant is determined in accordance with Article 50(3)
of the Children Order. More detail on the concept of harm and significant harm can
be found in Section 2.4 of Co-operating to Safeguard Children and Young People in
Northern Ireland (March 2016) and in the Children (NI) Order 1995.

Staff should be alert to all types of abuse and to their legal obligations (see Annex A),
including reporting of offences - Section 5 of the Criminal Law Act (NI) 1967 makes
it an offence to fail to disclose an arrestable offence. This includes crimes against
children.

Observation of signs and symptoms of possible abuse can do no more than give rise to
concern - they are not in themselves proof that abuse has occurred. It must always be
remembered that alternative medical, psychological or social explanations may exist for
the signs and symptoms of possible abuse. However, teachers and other staff should
be aware of the possible implications of, and alert to, all such signs, particularly if they
appear in combination or are repeated regularly.

Where a member of staff is concerned that abuse may have occurred, he/she must
report this immediately to the Designated Teacher who has specific responsibility for
child protection. The designation of a teacher for this purpose should not be
seen as diminishing the role of all members of staff in being alert to signs of

5-1
Dealing with Child Protection Concerns

abuse and being aware of the procedures to be followed, including those in cases
where an allegation is made against any member of the school’s staff, teaching or
non‑teaching (see Section 5.5 on Dealing with Allegations Against a Member of Staff -
DE Circular 2015/13).

It is imperative that any disclosure by a child, or concern that indicates a child may be
at immediate risk, is reported immediately to the PSNI and Social Services to ensure
that emergency protection measures are put in place. This is particularly important if
there is a risk of the child at home. Contact details for the PSNI Central Referral Unit
and Duty Social Workers can be found in the Contacts Section.

Pupils who are the victims of abuse often display emotional or behavioural difficulties
which may require a holistic assessment of need to determine appropriate level and
types of intervention.

5.2 Types of Abuse

Child abuse may take a number of forms, including:

BB Neglect is the failure to provide for a child’s basic needs, whether it be


adequate food, clothing, hygiene, supervision or shelter that is likely to result
in the serious impairment of a child’s health or development. Children who are
neglected often also suffer from other types of abuse.

BB Physical Abuse is deliberately physically hurting a child. It might take a


variety of different forms, including hitting, biting, pinching, shaking, throwing,
poisoning, burning or scalding, drowning or suffocating a child.

BB Sexual Abuse occurs when others use and exploit children sexually for their
own gratification or gain or the gratification of others. Sexual abuse 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 clothing. It may include non-contact activities, such as
involving children in the production of sexual images, forcing children to look
at sexual images or watch sexual activities, encouraging children to behave
in sexually inappropriate ways or grooming a child in preparation for abuse
(including via e-technology). Sexual abuse is not solely perpetrated by adult
males. Women can commit acts of sexual abuse, as can other children.

BB Emotional Abuse is the persistent emotional maltreatment of a child. It is also


sometimes called psychological abuse and it can have severe and persistent
adverse effects on a child’s emotional development.

5-2
Dealing with Child Protection Concerns

Emotional abuse may involve deliberately telling a child that they are worthless,
or unloved and inadequate. It may include not giving a child opportunities to
express their views, deliberately silencing them, or ‘making fun’ of what they say
or how they communicate. Emotional abuse may involve bullying - including
online bullying through social networks, online games or mobile phones - by a
child’s peers.

BB Exploitation5 is the intentional ill-treatment, manipulation or abuse of power


and control over a child or young person; to take selfish or unfair advantage of
a child or young person or situation, for personal gain. It may manifest itself
in many forms such as child labour, slavery, servitude, engagement in criminal
activity, begging, benefit or other financial fraud or child trafficking. It extends to
the recruitment, transportation, transfer, harbouring or receipt of children for the
purpose of exploitation. Exploitation can be sexual in nature.

*All the above definitions are from Co-operating to Safeguard Children and
Young People in Northern Ireland (2016)

www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-
people-northern-ireland

These types of abuse apply equally to children with disabilities but the abuse may take
slightly different forms, for example, lack of supervision, or the use of physical restraints
such as being confined to a wheelchair or bed.

Child abuse in other specific circumstances can be found in Section 6.

5.3 Talking to Children where there are Concerns about Possible


Abuse

Where teachers see signs which cause them concern, they should, as a first step,
seek some clarification from the child with tact and understanding. Where a classroom
assistant or another member of the school’s non-teaching staff sees such signs, he/
she should immediately bring them to the attention of either the class teacher or the
Designated Teacher, and it may be appropriate for the necessary clarification to be
carried out by the teacher.

Such clarification may reassure teachers that abuse has not occurred; but signs and
symptoms which cause concern, while perhaps not a result of abuse, may nevertheless

5 Although ‘exploitation’ is not included in the categories of registration for the Child Protection
Register, professionals should recognise that the abuse resulting from or caused by the
exploitation of children and young people can be categorised within the existing CPR categories
as children who have been exploited will have suffered from physical abuse, neglect, emotional
abuse, sexual abuse or a combination of these forms of abuse.

5-3
Dealing with Child Protection Concerns

indicate that the child or his/her family is in need of intervention by statutory, voluntary
or community based services through a ‘child in need’ referral (with parental consent).

Care must be taken in asking, and interpreting children’s responses to, questions about
indications of abuse. The same considerations apply when a child makes an allegation
of abuse, or volunteers information which amounts to that. In some circumstances,
talking to the child will quickly clarify initial concerns into a suspicion that abuse has
occurred, and point to the need for an immediate referral. Staff should be aware that
the way in which they talk to a child can have an effect on the evidence which is put
forward if there are subsequent criminal proceedings, and the extent of questioning
should, therefore, be kept to a minimum:

BB Staff should not ask the child leading questions, as this can later be interpreted
as putting ideas into the child’s mind.

BB Staff should not, therefore, ask questions which encourage the child to
change his/her version of events in any way, or which impose the adult’s own
assumptions. For example, staff should say, “Tell me what has happened”,
rather than, “Did they do X to you?”.

BB The priority at this stage is to actively listen to the child, and not to interrupt
or try to interpret if he/she is freely recalling significant events (the child must
not be asked to unnecessarily recount the experience of abuse), and as soon
as possible afterwards to make a record of the discussion to pass on to the
Designated Teacher, using for example, the template ‘Note of Concern’ from
the DE ‘Child Protection: Record Keeping in Schools’ circular 2016/20. The
note should record the time, date, place and people who were present, as well
as what was said. Signs of physical injury observed should be described in
detail, but under no circumstances should a child’s clothing be removed nor a
photograph taken.

BB Any comment by the child, or subsequently by a parent or carer or other adult,


about how an injury occurred, should be written down as soon as possible
afterwards, quoting words actually used.

BB Staff should not give the child or young person undertakings of confidentiality,
although they can and should, of course, reassure that information will be
disclosed only to those professionals who need to know.

BB Staff should also be aware that their note of the discussion may need to be
used in any subsequent court proceedings. Subsequent sections of this booklet
give guidance on record-keeping. It should be emphasised that lack of proper
records will not, of itself, exempt the school from any subsequent requirement to

5-4
Dealing with Child Protection Concerns

give evidence in court. It is therefore essential that accurate contemporaneous


records are maintained.

BB Staff should not ask the child to write an account of their disclosure for the record.

The NSPCC report ‘No-one Noticed No-one Heard: A Study of Disclosures of


Childhood Abuse’ (2013) describes childhood experiences of disclosing abuse. It
provides useful insight-on-barriers to children’s disclosure and key factors that
promoted disclosure.
www.nspcc.org.uk/globalassets/documents/research-reports/no-one-noticed-no-one-
heard-report.pdf

5.4 Child Displaying Symptoms of, or School alerted to, Possible


Abuse

In all cases where symptoms displayed by a child give rise to concerns about possible
abuse, or about the welfare of the child, the teacher or other member of staff should
report these concerns to the designated teacher. A parent or other carer may also
give information to a member of staff of the school which gives rise to concern about
possible child abuse by someone outside the school, or by a person working in the
school in a volunteer capacity. The person making the complaint should be advised
of their responsibility to refer to the local Health and Social Care Trust Gateway Team.
The staff member should also inform the designated teacher responsible for child
protection matters in the school who will refer, if necessary to the appropriate statutory
authorities.

In order to form a view on whether a child or children may indeed be being abused, or
at risk of possible abuse, the Principal/DT/DDT may need to seek discreet preliminary
clarification from the person making the complaint or giving the information, or from
others who may have relevant information.

While such clarification will often help to confirm or allay concerns, it is not the
responsibility of teachers and other education staff to carry out investigations into cases
of suspected abuse, or to make extensive enquiries of members of the child’s family or
other carers. Under Articles 65 and 66 of the Children (NI) Order, this is the statutory
responsibility of the investigating agencies, Children’s Social Services and/or Police.
Schools should not take action beyond that set out in the procedures in this guidance,
and those established by the Safeguarding Board for Northern Ireland (SBNI) and
employing authorities, to be followed in handling suspected cases of abuse.

Further Information

The EA Child Protection Support Service (CPSS) can offer advice on all child protection
issues. Contact details are included in the Contacts Section.

5-5
Dealing with Child Protection Concerns

5.5 Dealing with Allegations of Abuse made Against a Member of


Staff

Where a complaint about possible abuse is made against a member of staff of the
school, the procedures in DE Circular 2015/13 should be followed -
www.education-ni.gov.uk/publications/circular-201513-dealing-allegations-abuse-
against-member-staff.

In all decisions the child’s welfare is the paramount consideration and the child should
be listened to and his/her concerns taken seriously. The possible risk of harm to
children posed by a member of staff must be evaluated and managed and in some
cases this will require consideration of suspension as a precautionary measure.

Statutory Responsibilities

The Education and Libraries (Northern Ireland) Order 2003 places a statutory duty
on Boards of Governors to safeguard and promote the welfare of pupils. In order to
fulfil these responsibilities Governors are obliged to acknowledge and work within the
relevant guidance issued by the Department of Education (DE) and the Department of
Health (DoH).

Process

Principals and Boards of Governors have a duty of care for the welfare of pupils
and any allegation needs to be effectively evaluated and managed. However, as
employers, they also have a duty of care to their staff and should ensure they provide
effective support for anyone facing an allegation of abuse.

All allegations should be reported immediately, normally to the Principal or


Designated Teacher for Child Protection/Deputy Designated Teacher for Child
Protection. A Lead Individual should be identified to manage the handling of the
allegation from the outset. This would normally be the Principal or a designated senior
member of staff. If the Principal is the subject of concern the allegation should be
reported immediately to the Chair of the Board of Governors, Deputy Chairperson,
Designated Governor for Child Protection and the person about to be the Lead
Individual.

In the interests of all involved the issue should be dealt with as a priority and
unnecessary delays should be avoided. Every effort to maintain confidentiality and
guard against unwanted publicity must be made. Allegations should not be shared with
other staff or children.

5-6
Dealing with Child Protection Concerns

All allegations of a child abuse nature must be recorded in the hard backed and
bound Record of Child Abuse Complaints book6, which must be retained securely. A
record of this should be placed on the relevant pupil’s Child Protection File. For more
information on recording of child protection complaints see DE Circular 2016/20 Child
Protection: Record Keeping in Schools.

Further information

The responsibilities and processes to be followed are clearly set out in DE Circular
2015/13 “Dealing with allegations of abuse against a member of staff”.
www.education-ni.gov.uk/publications/circular-201513-dealing-allegations-abuse-
against-member-staff

DE Circular 2016/20 ‘Child Protection: Record Keeping in Schools’ sets out the
processes for recording, sharing and storage of child protection records.
www.education-ni.gov.uk/publications/circular-201620-child-protection-record-keeping-
schools-0

The EA CPSS can offer advice on all child protection issues. Contact details are
included in the Contacts Section.

5.6 Process for Referral

5.6.1 Context

Responsibility for referral of suspected abuse cases lies with the Designated Teacher
who will find it helpful to establish a good working relationship with colleagues from
the other agencies, especially the Social Services and the Police. These agencies
have wide experience in dealing with such cases, and regular communication should
help to build the understanding, trust and confidence which will help to secure effective
co‑operation in cases of actual or suspected abuse.

5.6.2 Understanding the Needs of Children in Northern Ireland

‘Understanding the Needs of Children in Northern Ireland’ (UNOCINI) is a framework to


support professionals in assessment and planning to better meet the needs of children
and their family.

The UNOCINI model is used to enable practitioners and their agencies to communicate
their concerns about children using a common format, language and understanding of
the levels of need, concern or risk for all children across Northern Ireland.

6 All schools should retain a Record of Child Abuse Complaints to record allegations against a
member of staff.

5-7
Dealing with Child Protection Concerns

The UNOCINI assessment framework is intended to be used by all professionals


working with children as a tool to help them identify the needs of children at an early
stage. UNOCINI guidance includes information about when and how to refer a child to
children’s social services.

The supporting document ‘Thresholds of Need Model’ was developed to assist staff to
describe the different levels of children’s needs. Children’s needs are categorised into
four levels and assessments of need can take place both within each level and also
across different levels.

More detailed guidance can be found at:


www.eani.org.uk/_resources/assets/attachment/full/0/41778.pdf

The UNOCINI referral form must be completed whenever staff wish to refer a child
or young person to children’s social services for support, safeguarding or a fuller
assessment of a child’s needs.

If you are concerned that a child may be suffering, or at risk of suffering, significant
harm, then an urgent referral to children’s social services through the local Gateway
Service must be made. When making an urgent referral by telephone, the Duty Social
Worker will advise you that you will be required to confirm your referral in writing on a
UNOCINI within 24 hours. For further detailed guidance please refer to the Department
of Health website at:
www.health-ni.gov.uk/publications/understanding-needs-children-northern-ireland-
unocini-guidance

Prior to making a referral to Social Services the consent of the parent/carers and/
or the young person (if they are competent to give this) will normally be sought. The
exception to this is where to seek such consent would put that child, young person,
or others at increased risk of significant harm or an adult at risk of serious harm, or it
would undermine the prevention, detection or prosecution of a serious crime including
where seeking consent might lead to interference with any potential investigation.

Non-urgent referrals ie child in need/family support referrals must have the consent
of the parent/carers and/or the young person (if they are competent to give this) and
should be made in writing using the UNOCINI referral form.

The welfare of the child is paramount and, if you are unable to contact the parent/
carers, you should not delay but progress the referral with Social Services.

Issues of consent (including when consent is not forthcoming) must always be clearly
recorded.

5-8
Dealing with Child Protection Concerns

If in any doubt about liaising with parents/carers, the DT could contact the CPSS or
consult with their local Gateway Service.

The outcomes of a Social Services investigation may include the Principal/DT/DDT


being invited by Social Services to attend a child protection case conference to
participate in the decision making process regarding Child Protection registration.
For further detailed guidance please refer to the Area Child Protection Committees’
Regional Policy & Procedures.

Further Information

Flowcharts on Processes for Referral are available at Section 5.7.

For more information on agencies and support services see Annex B.

The EA CPSS can offer advice on all child protection issues. Contact details are
included in the Contacts Section.

5-9
Dealing with Child Protection Concerns

5.7 Processes for Referral are set out in the Flowcharts below:
Procedure where the School has concerns, or has been given information,
about possible abuse by someone other than a member of staff7,8

Member of staff completes the Note of Concern on what has


been observed or shared and must ACT PROMPTLY.
Source of concern is notified that the school will follow up
appropriately on the issues raised.

Staff member discusses concerns with the Designated Teacher or Deputy


Designated Teacher in his/her absence and provides note of concern.

Designated Teacher should consult with the Principal or other relevant staff before
deciding upon action to be taken, always taking care to avoid undue delay.
If required advice may be sought from a CPSS officer.

Child Protection Child Protection


referral is required referral is not required
Designated Teacher School may consider
seeks consent of the other options including
parent/carer and/or the monitoring the situation
child (if they are Designated Teacher within an agreed timescale;
competent to give this) clarifies/discusses signposting or referring
unless this would place the concern with child/ the child/parent/carers
child at risk of significant parent/carers and to appropriate support
harm then telephones decides if a child services such as the
the Children’s Services protection referral Children’s Services
Gateway Team and/or the is or is not required. Gateway Team or local
PSNI if a child is at Family Support Hub
immediate risk. He/she with parental consent,
submits a completed and child/young
UNOCINI referral form person’s consent
within 24 hours. (where appropriate).

Where appropriate the source of the concern will be informed as to the action taken.
The Designated Teacher will maintain a written record of all decisions and actions
taken and ensure that this record is appropriately and securely stored.

7 It is imperative that any disclosure by a child, or concern that indicates a child may be at
immediate risk, is reported immediately to the PSNI and Social Services to ensure that emergency
protection measures are put in place. This is particularly important if there is a risk of the child at
home. Contact details for the PSNI Central Referral Unit and Duty Social Workers can be found in
the Contacts Section.
8 DE Circular 2016/20 Child Protection Record Keeping in Schools.

5 - 10
Dealing with Child Protection Concerns

Dealing with Allegations of Abuse Against a Member of Staff9,10

Key Points

Lead individual learns of an allegation against


a member of staff and informs the
Chair/Vice Chair of BoG as appropriate.

Guidance on the Next Steps

Lead individual then establishes the facts, seeks advice


from the key agencies as appropriate, usually
through informal discussion.

Possible Outcomes

Following on from establishing the facts, seeking advice from


Key Agencies and discussion with the Chair and/or BoG to
agree a way forward from the options below.

Precautionary
Precautionary
Allegation suspension Alternatives to
suspension is
addressed through under Child precautionary
not appropriate
relevant disciplinary Protection suspension
and the matter is
procedures. procedures imposed
concluded.
imposed

9 DE Circular 2016/20 Child Protection Record Keeping in Schools.


10 As noted previously a Lead Individual to manage the handling of an allegation should be identified
from the outset, normally the Principal or a designated senior member of staff.

5 - 11
Specific Types of Abuse

6 - 12
Specific Types of Abuse

6 Specific Types of Abuse

6.1 Grooming

Grooming11,12 of a child or young person is always abusive and/or exploitative. It


often involves perpetrator(s) gaining the trust of the child or young person or, in some
cases, the trust of the family, friends or community, and/or making an emotional
connection with the victim in order to facilitate abuse before the abuse begins. This
may involve providing money, gifts, drugs and/or alcohol or more basic needs such as
food, accommodation or clothing to develop the child’s/young person’s loyalty to and
dependence upon the person(s) doing the grooming. The person(s) carrying out the
abuse may differ from those involved in grooming which led to it, although this is not
always the case.

Grooming is often associated with Child Sexual Exploitation (CSE) (see Section 6.2),
but can be a precursor to other forms of abuse. Grooming may occur face to face,
online and/or through social media, the latter making it more difficult to detect and
identify.

Adults may misuse online settings eg chat rooms, social and gaming environments and
other forms of digital communications, to try and establish contact with children and
young people or to share information with other perpetrators, which creates a particular
problem because this can occur in real time and there is no permanent record of the
interaction or discussion held or information shared.

Those working or volunteering with children or young people should be alert to signs
that may indicate grooming, and take early action in line with their child protection and
safeguarding policies and procedures to enable preventative action to be taken, if
possible, before harm occurs.

11 DoH publication ‘Co-operating to Safeguard Children and Young People in Northern Ireland’
(March 2016) www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-
people-northern-ireland
12 NSPCC definition - ‘Grooming is when someone builds an emotional connection with a child to
gain their trust for the purposes of sexual abuse or exploitation. Children and young people can
be groomed online or in the real world, by a stranger or by someone they know - for example a
family member, friend or professional. Groomers may be male or female. They could be any age.
Many children and young people do not understand that they have been groomed, or that what
has happened is abuse.

6-1
Specific Types of Abuse

Practitioners should be aware that those involved in grooming may themselves be


children or young people, and be acting under the coercion or influence of adults. Such
young people must be considered victims of those holding power over them. Careful
consideration should always be given to any punitive approach or ‘criminalising’ young
people who may, themselves, still be victims and/or acting under duress, control, threat,
the fear of, or actual violence. In consultation with the PSNI and where necessary the
PPS, HSC professionals must consider whether children used to groom others should
be considered a child in need or requiring protection from significant harm.

Statutory Responsibilities

The Sexual Offences (Northern Ireland) Order 2008 provides for offences relating to
sexual grooming of children and young people.

Further Information

DoH Co-operating to Safeguard Children and Young People in Northern Ireland (2016)
www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-people-
northern-ireland

Further information and sources of advice on online grooming and internet safety can
be found in Section 6.7.

The Education Authority (EA) Child Protection Support Service (CPSS) can offer advice
on all child protection issues. Contact details are included in the Contacts Section.

6.2 Child Sexual Exploitation

CSE is a form of sexual abuse where children are sexually exploited for money, power
or status. It can involve violent, humiliating and degrading sexual assaults. In some
cases, young people are persuaded or forced into exchanging sexual activity for
money, drugs, gifts, affection or status. Consent cannot be given, even where a child
may believe they are voluntarily engaging in sexual activity with the person who is
exploiting them. CSE does not always involve physical contact and can happen online.
A significant number of children who are victims of sexual exploitation go missing from
home, care and education at some point.13

13 Department of Health, Social Services and Public Safety publication ‘Co-operating to Safeguard
Children and Young People in Northern Ireland’ (March 2016)
www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-people-northern-
ireland

6-2
Specific Types of Abuse

Any child under the age of 18 can be a victim of CSE. Although younger children can
experience CSE, the average age at which concerns are first identified is 12-15 years
of age. Sixteen and seventeen year olds, although legally able to consent to sexual
activity can also be sexually exploited. Young males can also be victims of CSE.

CSE can be perpetrated by adults or by young people’s peers, on an individual or


group basis, or a combination of both, and can be perpetrated by females as well as
males.

While children in care are known to experience disproportionate risk of CSE, the
majority of CSE victims are living at home.

Statutory Responsibilities

While CSE is not a specific criminal offence, it does encompass a range of sexual
offences and other forms of serious criminal misconduct.

The Sexual Offences (NI) Order 2008 provides for a number of offences that between
them could enable prosecution of all cases of CSE.

The Children (NI) Order 1995 and the Child Abduction (NI) Order 1985 can also be
used in cases where children are going missing as part of the exploitation.

6.2.1 Identifying CSE

CSE can be very difficult to identify and a young person may not see themselves as
a victim. However, it is our statutory responsibility to protect all children and young
people from abuse, irrespective of whether or not they view themselves as a victim
of abuse. Professionals need to be able to identify vulnerability in the midst of
challenging behaviour and frequent resistance to, or even apparent disregard
for, professional support.

Research repeatedly shows that young people rarely report abuse through CSE. Most
concerns are identified by professionals, friends or family or by proactive investigation
by authorities. In recognition of this, good practice guidelines state that all areas
should assume that CSE is occurring within their area unless they have evidence to
indicate otherwise. As such, schools should be alert to the likelihood of CSE and
plan to protect children and young people accordingly.

6-3
Specific Types of Abuse

Potential indicators of CSE:

BB Acquisition of money, clothes, mobile phones etc without plausible explanation.

BB Truanting/leaving school without permission.

BB Persistently going missing or returning late.

BB Receiving lots of texts/ phone calls prior to leaving.

BB Change in mood - agitated/stressed.

BB Appearing distraught/dishevelled or under the influence of substances.

BB Inappropriate sexualised behaviour for age.

BB Physical symptoms eg bruising; bite marks.

BB Collected from school by unknown adults or taxis.

BB New peer groups.

BB Significantly older boyfriend or girlfriend.

BB Increasing secretiveness around behaviours.

BB Low self-esteem.

BB Change in personal hygiene (greater attention or less).

BB Self harm and other expressions of despair.

BB Evidence or suspicion of substance abuse.

While these indicators can be useful in identifying potential risk, their presence does
not necessarily mean CSE is occurring. More importantly, nor does their absence
mean it is not.

6.2.2 What to Do

CSE is a form of child abuse and, as such, any member of staff suspecting that CSE
is occurring should follow the school child protection policy and procedures, including
reporting to the appropriate agencies.

6-4
Specific Types of Abuse

The HSCT and PSNI should be involved as early as possible to ensure any evidence
that may assist prosecution is not lost and to enable a disruption plan to reduce the
victim’s contact with the perpetrator(s) and reduce the perpetrator(s) control over the
victim to be put in place without delay. More details on the process can be found in
DoH Co-operating to Safeguard Children and Young People in Northern Ireland (2016),
Section 7.2.7.

Further Information

DoH Co-operating to Safeguard Children and Young People in Northern Ireland (2016),
Section 7.2.7 gives further information on CSE and steps to be followed.
www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-people-
northern-ireland

The Safeguarding Board for Northern Ireland (SBNI) has developed a public
information campaign on CSE - “The More You Know, The More You See”. For further
information go to www.safertoknow.info

A Professional Information Guide is also available on the SBNI website at


www.safeguardingni.org

The Education Training Inspectorate report ‘‘An evaluation of preventative education


and the statutory curriculum to inform the Independent Inquiry into Child Sexual
Exploitation” (September 2014) can be found at:
www.etini.gov.uk/publications/evaluation-preventative-education-and-statutory-
curriculum-inform-independent-inquiry

More information on CSE, including a guide on “What can schools do to protect


children and young people from sexual exploitation” can be found on the NSPCC
website at www.nspcc.org.uk

Barnardo’s also have special expert services that can help those affected and
information on identifying and dealing with CSE can be found on their website at:
www.barnardos.org.uk/what_we_do/our_work/cse-home

Resources for schools can be found on the EA website under the heading ‘Child
Sexual Exploitation’: www.eani.org.uk/schools/safeguarding-and-child-protection/

Free confidential 24-hour support is available from:

Childline NSPCC
Tel: 0800 1111 Tel: 0808 800 5000
www.childline.org.uk www.nspcc.org.uk

6-5
Specific Types of Abuse

6.3 Domestic and Sexual Violence and Abuse


(see also Section 8 under Preventative Curriculum)

The Stopping Domestic and Sexual Violence and Abuse Strategy (2016) defines
domestic and sexual violence and abuse as follows:-

Domestic Violence and Abuse:

‘threatening, controlling, coercive behaviour, violence or abuse (psychological,


virtual, physical, verbal, sexual, financial or emotional) inflicted on anyone
(irrespective of age, ethnicity, religion, gender, gender identity, sexual orientation
or any form of disability) by a current or former intimate partner or family
member.’

Sexual Violence and Abuse

‘any behaviour (physical, psychological, verbal, virtual/online) perceived to be of


a sexual nature which is controlling, coercive, exploitative, harmful, or unwanted
that is inflicted on anyone (irrespective of age, ethnicity, religion, gender, gender
identity, sexual orientation or any form of disability).’

Please note that coercive, exploitative and harmful behaviour includes taking
advantage of an individual’s incapacity to give informed consent.

The Stopping Domestic and Sexual Violence and Abuse Strategy can be found at:
www.health-ni.gov.uk/publications/stopping-domestic-and-sexual-violence-and-abuse-
northern-ireland-strategy

Background

Statistics available for Northern Ireland in 2016 indicated an increase in the number of
calls to PSNI and deaths due to domestic abuse, with approximately 27,628 calls made
and six deaths recorded. At least 15,000 children are estimated to be living in a culture
of/or are survivors of violence in the home.

NSPCC research carried out in 2009 ‘Partner exploitation and violence in teenage
intimate relationships’ highlights partner violence as a significant concern for
young people’s wellbeing, providing unequivocal evidence for the need to develop
more effective safeguards in this area of child welfare. The survey identified that
three‑quarters of girls in a relationship experienced emotional violence of some form,
a third reported sexual violence and a quarter experienced physical violence with one
in 10 girls the physical violence was defined as severe. Half of boys in a relationship
reported emotional violence, 18 per cent experienced physical violence and 16 per cent

6-6
Specific Types of Abuse

sexual violence. Thus, a substantial number of young people will experience some
form of violence from their partner before they reach adulthood.
www.nspcc.org.uk/globalassets/documents/research-reports/partner-exploitation-
violence-teenage-intimate-relationships-report.pdf

Process

Schools should ensure that:

BB Training for Designated Teachers (DTs) for Child protection includes awareness
of domestic violence and its impact on children;

BB The Child Protection Policy includes recognition of the impact on children of an


abusive family setting and states that cases will be reported to the appropriate
statutory agency;

BB Domestic and sexual violence and abuse is included in the school’s preventative
curriculum - see Section 8.2 for more information.

The DT can contact CPSS for advice at any stage (details are in the Contacts Section).

Further Information and Resources

The EA website has information on domestic and sexual violence and abuse within its
resources on child protection and safeguarding:
www.eani.org.uk/schools/safeguarding-and-child-protection/

Live link to The Hide Out (site includes an educational toolkit with lesson plans for each
year group and resources)
www.thehideout.org.uk/young-people/adults-young-people-and-domestic-abuse/
resources/educational-toolkit/

Domestic and Sexual Violence and Abuse Strategy 2016, and action plan published
2016

More information is available at: www.nidirect.gov.uk/domestic-violence. You can also


contact the 24 hour domestic and sexual violence helpline on:

Phone: 0808 802 1414 (Freephone)


Email: [email protected]
Text: ‘support’ to 077 9780 5839

Children and young people can contact the Childline Free Helpline at 0800 1111.

6-7
Specific Types of Abuse

‘Safe Learning: How to support the educational needs of children and young people
affected by domestic violence’ was produced by Save the Children in conjunction with
Women’s Aid in 2006. It is a guide for educational professionals offering an insight into
children’s experiences of domestic violence and how these may affect their learning. It
offers suggestions as to how educational professionals can respond to support children
and minimise any disruption to their education.
www.savethechildren.org.uk/resources/online-library/safe-learning-how-support-
educational-needs-children-and-young-people

Organisations that can offer advice and support:

BB Women’s Aid Federation Northern Ireland - www.womensaidni.org


- 028 9024 9041

BB Mens Advisory Project (MAP) - www.mapni.co.uk - 028 9024 1929

BB Men to Men - 028 9024 7027

BB Mens Aid NI - www.mensaid.co.uk/ni.html - 077 0385 8130

Other Useful Numbers

BB Rape Crisis and Sexual Abuse Centre - 028 9032 9002

BB Nexus - 028 9032 6803

BB Victim Support - 028 9024 3133

BB Citizen’s Advice Bureau - 0300 1 233 233

BB Law Society (Legal and Local Solicitor Advice) - 028 9023 1614

BB Parents Helpline - 0808 8010 722

6.4 Female Genital Mutilation

Female Genital Mutilation (FGM) is a form of child abuse and violence against women
and girls. FGM comprises all procedures that involve partial or total removal of the
external female genitalia, or other injury to the female genital organs for non-medical
reasons. The procedure is also referred to as ‘cutting’, ‘female circumcision’ and
‘initiation’. The practice is medically unnecessary, extremely painful and has serious
health consequences, both at the time when the mutilation is carried out and in later
life.

6-8
Specific Types of Abuse

FGM is a form of child abuse and, as such, teachers have a statutory duty to
report cases, including suspicion, to the appropriate agencies, through agreed and
established school procedures.

In the UK, FGM has been a specific criminal offence since the Prohibition of Female
Circumcision Act 1985. The Female Genital Mutilation Act 2003 replaced the 1985
Act in England, Wales and Northern Ireland and the Serious Crime Act 2015 further
strengthened the law on FGM.

FGM is a complex issue with many men and women from practising communities
considering it to be normal to protect their cultural identity. The procedure may be
carried out when the girl is newborn, during childhood or adolescence, just before
marriage or during the first pregnancy. However, the majority of cases are thought to
take place between the ages of five and eight, putting children in this age bracket at
highest risk.

Statutory Responsibilities

Education and Libraries (Northern Ireland) Order 2003 - Article 17 - schools have a
statutory duty to promote and safeguard the welfare of its pupils.

The Female Genital Mutilation Act 2003 repealed and re-enacted the Prohibition
of Female Circumcision Act 1985 to set the maximum penalty for FGM to 14 years
imprisonment and to make it an offence for UK nationals or permanent UK residents
to perform FGM overseas or to aid, abet, counsel or procure the carrying out of FGM
abroad, even in countries where FGM is legal.

The Serious Crime Act 2015 introduced a new offence of failing to protect a girl from
FGM and lifelong anonymity for victims of FGM has been guaranteed. New FGM
Protection Orders (FGMPO) were introduced in July 2015 (Section 73) and allows for
the making of an FGMPO for the purpose of protecting a girl against the commission of
a genital mutilation offence or protecting a girl against whom such an offence has been
committed.

A new mandatory FGM reporting duty was also introduced. This duty does not extend
to Northern Ireland, however, the Criminal Law Act (NI) 1967 - Section 5 - makes it an
offence to fail to report a “relevant offence” where a person has information which could
lead to the apprehension, prosecution or conviction of such an offender. FGM would
be such an offence.
www.legislation.gov.uk/ukpga/1967/58/section/5

The Department issued Multi Agency Practice Guidelines on FGM to all Principals,
Designated Teachers, Boards of Governors and the CPSS in July 2014 and FGM is
included as part of Child Protection training.

6-9
Specific Types of Abuse

Where there is a concern that a child or young person may be at immediate risk of
FGM this should be reported to the PSNI without delay. Contact can be made direct
to the Sexual Referral Unit (based within the Public Protection Unit) at 028 9025 9299.
Where there is a concern that a child or young person may be at risk of FGM, referral
should be made to the relevant HSCT Gateway Team.

All staff should be aware of warning signs, appropriate response and signposting to
further information and sources of help.

The EA CPSS can offer advice on all safeguarding and child protection issues. Contact
details are included in the Contacts Section.

Further Information

Multi-Agency Practice Guidelines are available on the DFP website at:


www.finance-ni.gov.uk/publications/multi-agency-practice-guidelines-female-genital-
mutilation

Tackling FGM in the UK: Intercollegiate recommendations for identifying, recording


and reporting

External links which may be helpful:

The NSPCC has a FGM helpline. The helpline is open 24/7 and can be called if you’re
worried a child is at risk of, or has had, FGM. The helpline is free and anonymous.

Phone: 0800 028 3550 Email: [email protected]

ACSONI (African and Caribbean Support Northern Ireland) can also offer support and
advice on FGM, including links with the local community.

Phone: 028 9043 4090 Email: [email protected]

6.5 Forced Marriage

A Forced Marriage is a marriage conducted without the valid consent of one or


both parties and where duress is a factor. Forced Marriage is a criminal offence in
Northern Ireland, and where an agency, organisation or practitioner has knowledge
or suspicion of a forced marriage in relation to a child or young person, they should
contact the PSNI immediately14.

14 Department of Health, Social Services and Public Safety publication ‘Co-operating to Safeguard
Children and Young People in Northern Ireland’ (March 2016)

6 - 10
Specific Types of Abuse

There is a clear distinction between a forced marriage and an arranged marriage. In


arranged marriages, the families of both spouses take a leading role in arranging the
marriage but the choice whether or not to accept the arrangement remains with the
prospective spouses. In forced marriages, one or both spouses do not (or, in the case
of some adults with support needs, cannot) consent to the marriage and duress is
involved. Duress can include physical, psychological, financial, sexual and emotional
pressure.

Statutory Responsibilities

Forced Marriage (Civil Protection) Act 2007

A Forced Marriage Protection Order (FMPO) issued under the 2007 Act offers
protection to a victim from being forced into marriage. A FMPO may contain
prohibitions, restrictions or requirements and any other such terms as the Court
considers appropriate. An application for a FMPO can be made by a victim, a person
obtaining the court’s permission to apply for an order on behalf of the victim, a relevant
third party, or by the Court itself. Breach of a FMPO is a criminal offence.

All agencies with responsibility towards safeguarding and promoting the welfare of
children must comply with The Right to Choose: Statutory guidance for dealing with
forced marriage published by the Department of Finance and Personnel in April 2012
to protect persons from being forced into marriage against their will. This guidance is
designed to assist with the operation of the 2007 Act and to ensure that the protections
which the Act offers are widely promoted in Northern Ireland.

Warning signs within the school environment:

BB Absence and persistent absence.

BB Request for extended leave of absence/failure to return from visits to country of


origin.

BB Surveillance by siblings or cousins.

BB Decline in behaviour, engagement, performance or punctuality.

BB Poor exam results.

BB Being withdrawn from school by those with parental responsibility and not being
provided with suitable education at home.

BB Not allowed to attend extracurricular activities.

BB Sudden announcement of engagement to a stranger.

BB Prevented from going on to further/higher education.

6 - 11
Specific Types of Abuse

Due to the nature of forced marriage the involvement of the child’s or young person’s
family may increase the risk of significant harm to the child or young person. The
family may deny that the child or young person is being forced to marry and they may
expedite any travel arrangements and bring forward the marriage.

It is, therefore, advised that in all cases where there is a suspicion that a child or young
person is being, or has been forced into a marriage, schools should contact CPSS for
advice and assistance.

The EA CPSS can offer advice on all safeguarding and child protection issues. Contact
details are included in the Contacts Section.

Further Information

The Right to Choose: Statutory guidance for dealing with forced marriage published by
the Department of Finance and Personnel in April 2012.

DHSSPS Co-operating to Safeguard Children and Young People in Northern Ireland


(2016)
www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-people-
northern-ireland

6.6 Children who Display Harmful Sexualised Behaviour

Learning about sex and sexual behaviour is a normal part of a child’s development. It
will help them as they grow up, and as they start to make decisions about relationships.
Schools support children and young people, through the Personal Development
element of the curriculum, to develop their understanding of relationships and sexuality
and the responsibilities of healthy relationships. Teachers are often therefore in a good
position to consider if behaviour is within the normal continuum or otherwise.

It must also be borne in mind that sexually harmful behaviour is primarily a child
protection concern. There may remain issues to be addressed through the schools
positive behaviour policy but it is important to always apply principles that remain child
centered.

6 - 12
Specific Types of Abuse

It is important to distinguish between different sexual behaviours - these can be defined


as ‘healthy’, ‘problematic’ or ‘sexually harmful’. More details on each type of behaviour
can be found in DE Circular 2016/05 ‘Children Who Display Harmful Sexualised
Behaviour’.

Healthy sexual behaviour will normally have no need for intervention, however
consideration may be required as to appropriateness within a school setting.

Problematic sexual behaviour requires some level of intervention, depending on the


activity and level of concern. For example, a one-off incident may simply require
liaising with parents on setting clear direction that the behaviour is unacceptable,
explaining boundaries and providing information and education. Alternatively, if the
behaviour is considered to be more serious, perhaps because there are a number of
aspects of concern, advice from the EA CPSS may be required.

The CPSS will advise if additional advice from PSNI or Social Services is required.

6.6.1 What is Harmful Sexualised Behaviour?

Harmful sexualised behaviour is any behaviour of a sexual nature that takes place when:

BB There is no informed consent by the victim; and/or

BB the perpetrator uses threat (verbal, physical or emotional) to coerce, threaten or


intimidate the victim

Harmful sexualised behaviour can include:

BB Using age inappropriate sexually explicit words and phrases.

BB Inappropriate touching.

BB Using sexual violence or threats.

BB Sexual behaviour between children is also considered harmful if one of the


children is much older - particularly if there is more than two years’ difference in
age or if one of the children is pre-pubescent and the other is not.

BB However, a younger child can abuse an older child, particularly if they have
power over them - for example, if the older child is disabled.

Harmful sexualised behaviour will always require intervention and schools should refer
to their own child protection policy and, seek the support that is available from the
CPSS - see the paragraph on ‘Advice and Support’, below.

6 - 13
Specific Types of Abuse

Further Information

DE Circular 2016/05 provides guidance for schools and other education settings about
harmful sexualised behaviour displayed by children and young people.
www.education-ni.gov.uk/publications/circular-201605-children-who-display-harmful-
sexualised-behaviour

The EA CPSS can offer advice on all safeguarding and child protection issues. Contact
details are included in the Contacts Section.

6.7 E-Safety/Internet Abuse

Online safety means acting and staying safe when using digital technologies. It is
wider than simply internet technology and includes electronic communication via text
messages, social environments and apps, and using games consoles through any
digital device. In all cases, in schools and elsewhere, it is a paramount concern.

In January 2014, the SBNI published its report ‘An exploration of e-safety messages
to young people, parents and practitioners in Northern Ireland’ which identified the
associated risks around online safety under four categories:

BB Content risks: the child or young person is exposed to harmful material.

BB Contact risks: the child or young person participates in adult initiated online
activity.

BB Conduct risks: the child or young person is a perpetrator or victim in


peer‑to‑peer exchange.

BB Commercial risks: the child or young person is exposed to inappropriate


commercial advertising, marketing schemes or hidden costs.

Schools have a responsibility to ensure that there is a reduced risk of pupils accessing
harmful and inappropriate digital content and should be energetic in teaching pupils
how to act responsibly and keep themselves safe. As a result, pupils should have a
clear understanding of online safety issues and, individually, be able to demonstrate
what a positive digital footprint might look like.

The school’s actions and governance of online safety must be reflected clearly in its
safeguarding arrangements. Safeguarding and promoting pupils’ welfare around digital
technology is the responsibility of everyone who comes into contact with the pupils in
the school or on school-organised activities.

6 - 14
Specific Types of Abuse

It is recommended that rather than having a stand-alone online safety policy, schools
should integrate their online safety policy (and, where applicable, their mobile learning
policy) into existing safeguarding, behaviour, code of practice and anti-bullying policies.

The online safety policy should incorporate agreements on the acceptable use of (i) the
internet and school-based digital technology and (ii) personal mobile technology.

6.8 Managing the Risks

Twenty-first Century life presents dangers including violence, racism, radicalisation


and exploitation. Whilst children and young people need to be protected from these
dangers, they also need to be educated about how to recognise and avoid the risks
and become ‘Internet Wise”. Pupils need to know how to cope if they come across
inappropriate material or situations on line and should be encouraged to seek help and
advice when they need it without fear of censure or criminalisation.

Schools also need to perform risk assessments on the technologies within their school
to ensure that they are fully aware of and can mitigate the potential risks involved with
their use.

DE Circular 2016/27 provides schools with information on the characteristics of good


online safety practice and recommended actions for schools in consider in developing
or reviewing their online safety procedures. The Department’s website also provides
further advice and links to relevant DE Circulars and sites providing advice for
teachers, pupils and parents.
www.education-ni.gov.uk/articles/education-safe-and-effective-practices

The EA/C2k has procured a filtered internet service for and on behalf of all pupils and
staff in schools in Northern Ireland. This is provided as part of the core C2k service
available to all schools. However, where a school decides to provide alternative
internet access, then the responsibility for the filtering of any inappropriate online
content rests with the school’s Board of Governors (unless otherwise agreed in a
written contract with the service provider).

It is appreciated that schools cannot cover every scenario and that parents have the
primary responsibility for the protection and safeguarding of their children but the reality
is that many parents are intimidated by the complexity of modern technology and feel
inadequate in the face of the ready familiarity with which their children use them. It
is recommended that schools, so far as is reasonably possible, engage with parents
to share information, advice and guidance on the appropriate and safe use of digital
technology.

Advice and links to appropriate training providers is available via the C2k Online Safety
Fronter page.

6 - 15
Specific Types of Abuse

Some schools have provided excellent training to parents through pupil-led workshops
and presentations. There are many other websites that can offer support (see below)
and other links are available from the DE website.

Cases of Inappropriate Use

A school may become aware of pupils or members of staff affected by internet abuse,
either in school or outside school hours, eg trolling, sexting, cyber-bullying, online
grooming etc.

Cyber-bullying should be considered within the schools overall Anti Bullying Policy.
Article 2(2) of the Addressing Bullying in Schools Act (NI) 2016 will expressly permit
schools to include in their Anti-Bullying Policy measure to tackle cyber-bullying between
pupils, even when the incidents take place outside the normal school day.

While there is no specific legislation for cyber-bullying, the following may cover different
elements of cyber-bullying behaviour:

Protection for Harassment (NI) Order 1997 www.legislation.gov.uk/nisi/1997/1180

Malicious Communications (NI) Order 1988 www.legislation.gov.uk/nisi/1988/1849

The Communications Act 2003 www.legislation.gov.uk/ukpga/2003/21

6.9 Sexting

Sexting is the sending or posting of sexually suggestive images, including nude or


semi-nude photographs, via mobiles or over the Internet. There are two aspects to
Sexting:

6.9.1 Sexting between individuals in a relationship

As adults we can question the wisdom of this but the reality is that children and young
people consider this to be normal.

Clearly pupils need to be aware that it is illegal, under the Sexual Offences (NI)
Order 2008, to take, possess or share ‘indecent images’ of anyone under 18 even if
they are the person in the picture (or even if they are aged 16+ and in a consensual
relationship) and in these cases you should contact local police on 101 for advice and
guidance.

Please be aware that, while offences may technically have been committed by the
child/children involved, the matter will be dealt with sensitively and considering all of

6 - 16
Specific Types of Abuse

the circumstances and it is not necessarily the case that they will end up with a criminal
record.

It is important that particular care is taken in dealing with any such cases. Adopting
scare tactics may discourage a young person from seeking help if they feel entrapped
by the misuse of sexual images. Advice should be sought from CPSS.

6.9.2 Sharing an inappropriate image with an intent to cause distress

If a pupil has been affected by inappropriate images or links on the internet it is


important that you do not forward it to anyone else. Please remember that schools
are not required to investigate incidents. It is an offence under the Criminal Justice and
Courts Act 2015 (www.legislation.gov.uk/ukpga/2015/2/section/33/enacted) to share
an inappropriate image of another person without the individuals consent - see Articles
33-35 of the Act for more detail. By contacting the police you could help prevent further
such incidents.

If a young person has shared an inappropriate image of themselves that is now being
shared further whether or not it is intended to cause distress’, the child protection
procedures should be followed.

The UK Safer Internet Centre (contact details below) may be able to assist in
having the image blocked or removed to prevent further distribution.

It is also vital to ensure that the victim of abuse gets the correct support. They are
likely to be ashamed and embarrassed and worried about parental reaction - some may
wish to speak to the school independent Counsellor. A list of organisations offering
advice and support is included below.

Departmental Guidance

DE Circular 2007/1 - guidance on Internet Use Policy

DE Circular 2011/22 - advice on the safe use of the internet and digital technologies

DE Circular 2013/25 - guidance on e-Safety policy and Acceptable Use Policy

DE Circular 2016/27 - guidance on online safety

DHSSPS Co-operating to Safeguard Children and Young People in Northern Ireland


(2016) - Section 7.2.9 offers advice on Risks of Misuse of Digital Technologies.

The SBNI recommend the SWGFL (South West Grid for Learning) ‘360 degree safe’
online safety self-assessment tool for use across schools and colleges. The tool is free
to use and is intended to help schools review their online safety policy and practice.

6 - 17
Dealing with
Specific Types
Children
of Abuse
with Increased Vulnerabilities

The tool can be found at www.360safe.org.uk/ or via the C2k Online Safety area on
Fronter.

Further Information

C2k can offer advice on internet safety and has produced resources including ‘better
safe than sorry’ and ‘Internet Safety Room’. In cases of internet abuse a number of
organisations offer support and help including:

BB Child Exploitation and Online Protection (CEOP) ‘thinkuknow’ website contains


advice and resources for teachers exploring the risks which children and young
people are exposed to when online. CEOP have produced targeted advice and
guidance for 11-13 year olds, 14+ years, parents or carers, and teachers.
www.thinkuknow.co.uk

BB Go to www.getsafeonline.org for lots of useful advice and information on how


to stay safe online. Safeguardingni.org will also provide information for parents
and carers on online safety.

BB The UKCCIS (UK Council for Child Internet Safety) has published guidance for
England and Wales ‘Sexting in Schools and Colleges: Responding to Incidents
and Safeguarding Young People’.
www.gov.uk/government/groups/uk-council-for-child-internet-safety-ukccis

BB The UK Safer Internet Centre (www.saferinternet.org.uk/) offers online safety


tips, advice and resources to help professionals, children and young people to
stay safe on the internet.

BB PSNI/SBNI leaflet ‘Sexting and the Law’ - a basic guide to help professionals
and the public deal with incidents of sexting.
www.psni.police.uk/contentassets/fae34aff4af6409e9ad393130043ec55/sexting__
the_law_leaflet_trifold.pdf

67 - 18
Dealing with Children with Increased Vulnerabilities

7 Dealing with Children with Increased


Vulnerabilities

7.1 Children with a Disability

Children and young people with disabilities (ie any child or young person who has a
physical, sensory or learning impairment or a significant health condition15) may be
more vulnerable to abuse and individuals and organisations working with children with
disabilities should be aware of any vulnerability factors associated with risk of harm,
and any emerging child protection issues. Staff must be aware that communication
difficulties can be hidden or overlooked making disclosure particularly difficult. Staff
and volunteers working with children should receive training to enable them to identify
and refer concerns early, to allow preventative action to be taken.

DoH Co-operating to Safeguard Children and Young People in Northern Ireland (2016),
Section 7.3.10 gives further information on children and young people with disabilities
and steps to be followed.16

Children with a special educational need should be given the chance to express
themselves to a member of staff or other professional with appropriate language/
communication skills, especially where there are concerns that abuse may have
occurred.

Physical contact may be a necessary part of teaching some pupils with special
educational needs, for example visually impaired children, or those with profound
and multiple learning difficulties. Schools with such pupils should consider whether
the Code of Conduct for Staff (see Section 4.8) needs to be amplified to make clear
the necessary balance between providing support and preventing abuse or potential
perceptions of abuse. Schools should inform staff, parents and pupils about their Code
of Conduct and Intimate Care Policy.

7.2 Children with limited fluency in English

As with children with a special educational need, children who are not fluent in English
should be given the chance to express themselves to a member of staff or other
professional with appropriate language/communication skills, especially where there
are concerns that abuse may have occurred.

15 The Disability Discrimination Act further defines a disability as “…a physical or mental impairment
which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day
activities”
16 www.health-ni.gov.uk/publications/co-operating-safeguard-children-and-young-people-northern-
ireland

7-1
Dealing with Children with Increased Vulnerabilities

Designated teachers should work with their SEN co-ordinators along with school staff
with responsibility for newcomer pupils, seeking advice from the EA’s Inclusion and
Diversity Service to identify and respond to any particular communication needs that
a child may have. All schools should try to create an atmosphere in which pupils
with special educational needs which involve communication difficulties, or pupils for
whom English is not their first language, feel confident to discuss these issues or other
matters that may be worrying them.

7.3 Pre-school provision including nursery schools and classes

Many of the issues in the preceding paragraphs will also be relevant in the pre-school
setting as young children may have limited communication skills. Teachers, nursery
assistants and other adults will come into contact with children while helping them with
toileting, washing and changing their clothing. The staff in pre-school settings should
consider whether the Code of Conduct needs to be amplified and to make clear the
bounds of appropriate physical contact, and should make their Code known to staff and
parents.

7.4 Gender Identity Issues/Sexual Orientation

Schools should strive to provide a happy environment where all young people feel safe
and secure. All pupils have the right to learn in a safe and secure environment, to be
treated with respect and dignity, and not to be treated any less favourably due to their
actual or perceived sexual orientation.

The Department of Education requires all grant-aided schools to develop their own
policy on how they will address Relationships and Sexuality Education (RSE) within
the curriculum. It is via this policy that schools are expected to cover issues relating
to relationships and sexuality, including those affecting LGB&T children and young
people.

CCEA published updated guidance for primary and post-primary schools on RSE in
August 2015. This guidance outlines the importance of RSE, the partnership approach
needed for effective delivery of RSE (including the need for engagement with parents),
the inclusive approach that is required (covering sexual orientation/gender identity) and
the importance of the classroom environment. DE Circular 2015/22 - Relationship and
sexuality education also provides help and advice for schools.

7-2
Dealing with Children with Increased Vulnerabilities

Statutory Responsibilities

The Education (Curriculum Minimum Content) Order (NI) 2007 does not
specifically refer to, “gender, race, political opinion, faith” but instead states that pupils
should have opportunities to, “Investigate how and why conflict, including prejudice,
stereotyping, sectarianism and racism may arise in the community”. The terms
prejudice and stereotyping can cover a wide range of scenarios - including disability,
gender, and sexual orientation.

European Convention of Human Rights details the rights of all citizens.

Education and Libraries (NI) Order 2003 places an obligation on Boards of


Governors to ‘safeguard and promote the welfare of registered pupils’.

Equality Act (Sexual Orientation) Regulations (NI) 2003 and Regulations (NI)
2006 makes it unlawful for service providers (including education service providers) to
discriminate against people because of their sexual orientation.

Sex Discrimination (NI) Order 1976 (as amended in 2011 and 2012) makes it
unlawful for an educator to discriminate based on sex, being married or having a civil
partner, on the grounds of undergoing, undergone, or intention to undergo gender
reassignment (this means someone who changes their sex under medical supervision).

Each school is required to have in place a written RSE Policy with the latest guidance
published in August 2015:
www.education-ni.gov.uk/articles/relationships-and-sexuality-education

The policy should seek to promote an understanding of diversity and inclusiveness and
Section 3 offers guidance specifically in respect of LGB&T pupils.

While it is recognised that every school’s RSE policy will be different, there are some
key areas which should appear in all policies, including how the policy takes account
of statutory obligations including The Equality Act (Sexual Orientation) Regulations NI
2006.

The guide also provides support to teaching staff in dealing with sensitive issues such
as sexual orientation. There are separate guides for primary and post-primary schools.

7-3
Dealing with Children with Increased Vulnerabilities

Further Information

RSE Guidance is available at:

www.ccea.org.uk/sites/default/files/docs/curriculum/area_of_learning/pdmu/rse/RSE_
Guidance_Primary.pdf

www.ccea.org.uk/sites/default/files/docs/curriculum/area_of_learning/pdmu/rse/RSE_
Guidance_PostPrimary.pdf

KOI (Knowing Our Identity) is a gender identity development service operated by the
Belfast Health and Social Care Trust. The service is for children and adolescents (up
to the age of 18) across Northern Ireland who are experiencing distress in relation to
their gender identity development. The preferred referral route is through CAMHS
(Child and Adolescent Mental Health Service), however other professionals, including
education, as well as young people and their families can contact the service direct to
discuss a possible referral. More details can be found at:
www.belfasttrust.hscni.net/pdf/website_KOIleaflet.pdf

NIABF - the Northern Ireland Anti-Bullying Forum offers guidance on how to address all
forms of bullying in schools and includes resources on homophobic bullying.
www.endbullying.org.uk

7.5 Boarding Schools and Residential Settings

Boarding departments of schools offer residential care for children who need to
live away from their home for educational reasons. Children in such situations are
particularly vulnerable to abuse, and it is therefore vital that there are clear standards
for the operation of boarding departments, and that appropriate personnel checks are
carried out to ensure children’s safety.

When recruiting staff for school boarding departments, schools should, as a minimum,
carry out pre-employment checks in line with the following Departmental guidance:

BB DE Circular 2006/06 Child Protection: Recruitment of people to work with


children and young people in educational settings.

BB DE Circular 2012/19 ‘Disclosure and Barring Arrangements: Changes to


Pre‑Employment Vetting Checks for Volunteers Working in Schools from
10 September 2012.

BB DE Circular 2013/01 ‘Disclosure and Barring Arrangements: Vetting


Requirements for Paid Staff working in or Providing a Service in Schools’.

7-4
Dealing with Children with Increased Vulnerabilities

Schools should also adhere to the requirements of Article 176 of the Children
(Northern Ireland) Order 1995 which requires managers of any school which
provides accommodation to safeguard and promote the welfare of children for whom
accommodation is provided. The provisions in Article 176 are supplemented by the
Inspection of Premises, Children and Records (Children Accommodated in Schools)
Regulations (Northern Ireland) 2000.

If children are to be placed with ‘host families’ during holiday periods it is recommended
that vetting checks are carried out - see DE Circular 2013/01 for further information.
DoH Co-operating to Safeguard Children and Young People in Northern Ireland (2016)
contains a section on private fostering (Section 7.3.6). All boarding schools must have
a policy in relation to pupils who remain in Northern Ireland and stay with other families
(or teachers) outside of term time, and adhere to the private fostering arrangements
as set out in Regulation 6 of the Children (Private Arrangements for Fostering)
Regulations (Northern Ireland) 1996

7.6 Work Experience and Residential Situations

Schools will also be concerned to ensure the welfare of their pupils on work experience
and on residential trips. Guidance on organising work experience is available from the
Education Authority (EA) and from the Health and Safety Executive.

For guidance on vetting of supervisors/volunteers see DE Circulars 2013/01 and


2012/19.

7-5
Preventative Curriculum

8-6
Preventative Curriculum

8 Preventative Curriculum

17
The statutory personal development curriculum requires schools to give specific
attention to pupils’ emotional wellbeing, health and safety, relationships, and
the development of a moral thinking and value system. The curriculum also
offers a medium to explore sensitive issues with children and young people in an
age‑appropriate way which helps them to develop appropriate protective behaviours.

In recent years, the use of “keeping safe messages” and the term “preventative
curriculum” have become more widely used to denote the proactive promotion of
positive emotional health and wellbeing of pupils within and across the broader school
community. This is achieved by raising awareness of social, emotional, and health
issues, developing the confidence, resiliencies and coping skills of pupils, and in
offering early intervention when pupils are experiencing certain difficulties.

Schools are well-placed to teach pupils how to develop healthy relationships, and to
make informed choices in their lives so that they can protect themselves.

The ETI report ‘An evaluation of preventative education and the statutory curriculum
to inform the Independent Inquiry into Child Sexual Exploitation’ published in
September 2014 found that the schools with the most effective provision are
proactive in identifying local issues and promote a preventative curriculum to build the
confidence, self‑esteem, and personal resiliencies of children so that they can develop
coping strategies and can make more positive choices in a range of situations. This
contrasts with the less effective practice in schools which are more reactive to “single
issues” such as Child Sexual Exploitation (CSE).

In the most effective schools leadership is particularly effective at all levels with
governors and the senior leadership team strongly committed to developing positive
relationships and a caring ethos across the whole school. The personal development
curriculum and wellbeing of pupils has a high priority in the school development plan
and keeping safe messages are embedded throughout the school. The teachers
delivering the programme are highly skilled in both pastoral care and personal
development and there are effective links across the wider curriculum. These schools
consult extensively with parents, pupils and community organisations and external
providers are carefully selected and evaluated prior to delivering their programmes in
the school.

17 ETI Report ‘An Evaluation of Preventative Education and the Statutory Curriculum to Inform the
Independent Inquiry into Child Sexual Exploitation’ September 2014

8-1
Preventative Curriculum

The ETI report ‘An evaluation of preventative education and the statutory curriculum
to inform the Independent Inquiry into Child Sexual Exploitation’ published in
September 2014 can be found at:
www.etini.gov.uk/publications/evaluation-preventative-education-and-statutory-
curriculum-inform-independent-inquiry

8.1 Relationships and Sexuality Education

The Education (Curriculum Minimum Content) Order (NI) 2007 specifies the minimum
content for each area of learning of the curriculum at each key stage. Teachers have
considerable flexibility to select from within those areas of learning the aspects they
consider appropriate to the ability and interests of their pupils.

At primary level, RSE is covered within the ‘Personal Development and Mutual
Understanding’ (PDMU) area of learning, whilst at post-primary level it is covered within
‘Learning for Life and Work’ (LLW).

Whilst the minimum content for RSE is prescribed by legislation, schools are
responsible for developing their own policy on how they will address RSE within the
curriculum, based on the ethos of their school and subject to consultation with parents
and pupils.

In January 2011, the ETI published an evaluation report on the provision of RSE in
post-primary schools which highlighted the need for revised RSE guidance and new
teaching resources. In the conclusion to the evaluation (Section 8) the ETI report
there is a solid foundation of good practice for the delivery of the complex issues
related to RSE and much commitment on which future developments can build.
The characteristics of overall best practice in the teaching and learning of RSE in
post‑primary schools is set out in this Section of the report.

ETI Evaluation Report - Relationships and sexuality education in post-primary schools

In July 2016, the ETI published a report on RSE provision in primary and special
schools. The evaluation found that there were many strengths in the provision of
PDMU in primary and special schools. However, whilst the PDMU lessons observed
were judged to be good to outstanding in quality, it was noted that teachers were less
well prepared to teach the optional aspects of the RSE curriculum, especially those
which were sensitive and, in some cases, controversial. Drawing on the findings of the
evaluation, the ETI make a number of recommendations (Section 4.2 of the report):

ETI Report - Relationships and sexuality education primary and special schools -
July 2016

8-2
Preventative Curriculum

The ETI’s 2011 evaluation report highlighted the need for revised RSE guidance
and in particular the need for further guidance for teachers with regard to teaching
sensitive subjects such as sexual orientation and domestic abuse. DE subsequently
commissioned CCEA, the Council for the Curriculum, Examinations and Assessments,
to produce revised guidance, which was published in August 2015. This guidance
provides a template for the development of a school’s RSE policy and a directory
signposting schools to useful resources. However, the CCEA guidance does not stray
into the actual content of teaching and learning as this is a matter for each school. The
guidance issued to all schools under cover of DE Circular 2015/22.

DE Circular 2015/22 - Relationship and Sexuality Education

Two separate guidance documents have been developed - one for primary level and
one for post-primary level. The guidance provides advice and a template for the
development of a school’s RSE policy which is relevant to the lives of pupils today;
providing an overall framework for a school’s RSE policy; and, for instance, looking at
how schools interact with pupils, focussing on the need to make pupils feel safe and
confident that they should not be bullied, for example, due to their sexual orientation.

The guidance documents also outline the importance of RSE, the partnership approach
needed for effective delivery of RSE (including the need for engagement with parents),
the inclusive approach that is required (covering sexual orientation/gender identity) and
the importance of the classroom environment.

Further Information

More information and the guidance documents can be found on the Department
website at:
www.education-ni.gov.uk/articles/relationships-and-sexuality-education

8.2 Domestic and Sexual Violence and Abuse

Domestic Violence and Abuse is:

‘Threatening, controlling, coercive behaviour, violence or abuse (psychological,


physical, verbal, sexual, financial or emotional) inflicted on anyone (irrespective
of age, ethnicity, religion, gender or sexual orientation) by a current or former
intimate partner or family member’.

Sexual Violence and Abuse is:

‘Any behaviour (physical; verbal, virtual/digital) perceived to be of a sexual


nature which is controlling, coercive, exploitative, harmful, or unwanted that
is inflicted on anyone (irrespective of age, ethnicity, religion, gender or sexual
orientation) without their informed consent or understanding.

8-3
Preventative Curriculum

Background:

The Department of Health and the Department of Justice, on behalf of the


Northern Ireland Executive, produced a new Strategy, in March 2016, tackling
domestic and sexual violence and abuse, having at its core a vision of zero
tolerance to domestic and sexual violence and abuse in our society. The
Strategy builds work already achieved in previous Strategies, ‘Tackling Violence
at Home’ and ‘Tackling Sexual Violence and Abuse’.

The Strategy aims to help improve understanding of domestic and sexual violence and
stopping it happen in the first place by helping people change how they act, supporting
victims and holding people responsible for their actions.

The Strategy document and a Children and Young Person’s version is available at:
www.health-ni.gov.uk/publications/stopping-domestic-and-sexual-violence-and-abuse-
northern-ireland-strategy

There are five key Strands in the Strategy which focus on leadership, prevention,
support, services and justice. DE commitments relate to Strand 2, ‘Prevention and
Intervention’:

BB Teachers will have the necessary skills to teach about sensitive subjects,
including child abuse, and domestic and sexual violence and abuse.

BB Teachers will be alert to pupils experiencing distress and trained to respond


appropriately.

BB Teachers will have access to a range of age appropriate and evaluated


resources to support the teaching of sensitive subjects.

BB Quality assurance arrangements will be established to ensure that the


preventative curriculum offered in schools is effective.

General Role for Education

While it is important that those at risk are identified and interventions are put in place, it
is equally important that children and young people are provided with information and
skills in building healthy behaviours and relationships. Children should be provided
with the opportunity to develop good mental health and emotional resilience to enable
them to identify abuse and exercise prevention skills.

8-4
Preventative Curriculum

The statutory curriculum provides the opportunity for specific attention to be given to a
pupil’s emotional wellbeing, health and safety, relationships and the development of a
moral thinking and value system. It also offers a vehicle for exploring with children and
young people sensitive issues such as domestic violence and sexual abuse in an age
appropriate way and appropriate protective behaviours.

Teachers or other school staff who suspect that a pupil is a victim of domestic violence
or sexual abuse should raise their concerns with the designated teacher. The
procedures to be followed are the same as for any other type of abuse (see Section 5.6
and 5.7).

More information is available at: www.nidirect.gov.uk/domestic-violence. You can also


contact the 24 hour domestic and sexual violence helpline on:

Phone: 0808 802 1414 (Freephone)


Email: [email protected]
Text: ‘support’ to 077 9780 5839

Children/young people seeking advice should contact the Childline Free Helpline at
0800 1111.

Organisations that can offer advice and support:

BB Women’s Aid Federation Northern Ireland - www.womensaidni.org/


- 028 9024 9041

BB Men’s Advisory Project (MAP) - www.mapni.co.uk/ - 028 9024 1929

BB Men to Men - 028 9024 7027

BB Mens Aid NI - www.mensaid.co.uk/ni.html - 077 0385 8130

BB Cara Friend - www.cara-friend.org.uk/ - 028 9032 2023

BB Rainbow Project - www.rainbow-project.org/ - 028 9031 9030

8-5
Child Protection:
Preventative Curriculum
Record Keeping in Schools

Other useful numbers:

BB Rape Crisis and Sexual Abuse Centre - 028 9032 9002

BB Nexus - 028 9032 6803

BB Victim Support - 028 9024 3133

BB Disability Action - 028 9029 7880

BB Citizen’s Advice Bureau - 0300 1233233

BB Law Society (Legal and Local Solicitor Advice) - 028 9023 1614

BB Parents Helpline - 0808 8010 722

89 - 6
Child Protection: Record Keeping in Schools

9 Child Protection: Record Keeping In


Schools

Schools must create and retain reliable records to demonstrate accountability for
decisions and actions taken. As part of developing child protection/safeguarding
arrangements organisations must consider and develop clear guidelines for the
recording, storage, sharing, retention and destruction of both manual and electronic
records where they relate to child welfare concerns.

Statutory Responsibilities

Each school should have a Records Management Policy. While there is no


specific legislation in respect of child protection records, schools should ensure
that the principles of the requirements of the legislation, in particular the Children
(Northern Ireland) Order 1995 and the Data Protection Act 1998, and guidance in DE
Circular 2016/20 is adhered to.

Process

School staff should be aware of the need to record and report child protection
concerns. It is essential that an accurate record of all cases of child abuse, or possible
abuse, is maintained detailing all actions taken. Circular 2016/20 provides a framework
for managing child protection records in order to ensure that schools create and retain
reliable records to demonstrate accountability for decisions and actions taken.

The school should ensure that:

BB School staff are aware of the need to record and report child protection
issues and the appropriate procedures to be followed. The importance of
confidentiality should be highlighted.

BB The Child Protection Files are held in a separate, secure confidential filing
system, ideally in a fireproof cabinet. This is only accessible to the Designated
Teacher, Deputy Designated Teacher or the Principal.

BB Files must not be removed from school premises except when taken to a case
planning meeting or on foot of a court order. A record should be kept of when
information is removed, by whom, for what purpose, and when it is returned.

BB If information is held electronically, whether on a laptop or portable memory


device all must be encrypted and appropriately password-protected.

9-1
Other Protection:
Child Policies Record Keeping in Schools

Departmental Guidance

BB DE Circular 2016/20 Child Protection: Record Keeping Schools

BB DE Circular 2015/13 Dealing with allegations of abuse against a member of staff

910- -22
Other Policies

10 Other Policies

10.1 Overview

The school has a duty to ensure that safeguarding permeates all activities and
functions. The child protection policy should complement and support a range of other
policies including:

BB Attendance Policy.

BB Behaviour Management and Discipline Policy.

BB Pastoral Care.

BB Anti-Bullying Policy.

BB Safe Handling.

BB Special Educational Needs.

BB First Aid and Administration of Medicines.

BB Health and Safety Policy.

BB Relationships and Sexuality Education.

BB Intimate Care.

BB E-Safety Policy.

BB Educational Visits.

BB Staff Code of Conduct.

All policies must be kept up to date, with regular risk assessments carried out where
required. All policies should be available to parents with hard copies available on
request.

10 - 1
Other Policies

10.2 Physical Contact with Pupils/Safe Handling/Use of Reasonable


Force

All staff have a responsibility to maintain confidence in their ability to safeguard the
welfare and best interests of children and young people. Integral to this is a clear
understanding of standards of behaviour expected and in particular the acceptable
boundaries of physical contact with pupils. School staff must accept that all physical
contact can be open to scrutiny and that even perfectly innocent actions can
sometimes be misconstrued.

The Code of Conduct (Section 4.8) makes it clear that whilst, as a general principle,
staff are advised not to make unnecessary physical contact with children and young
people, it is also unnecessary and unrealistic to suggest that physical contact should
only happen in emergencies.

It is not possible to be specific about the appropriateness of each physical contact,


since an action that is appropriate with one child in one set of circumstances may be
inappropriate in another, or with a different child. Staff should, therefore, use their
professional judgement at all times. As a general rule, when physical contact is made
with pupils this should be in response to their needs at the time, of limited duration and
appropriate given their age, stage of development, gender, ethnicity and background.
Appropriate physical contact in schools may occur most often with younger pupils, for
example, physical comforting can give welcome reassurance to a distressed younger
child.

In extreme cases, a staff member might have to restrain a pupil physically to prevent
him or her from committing an offence, from causing injury to him or herself, to
others or to property, or otherwise from behaving in an undisciplined way. Staff are
empowered to use reasonable force in these circumstances, either on school premises
or anywhere else where the member of staff is in lawful charge of the pupil concerned.
In such instances no more than the minimum necessary force should be used. Staff
should act within the Department’s and the Education Authority’s (EA) guidelines on the
use of reasonable force and should seek to avoid causing injury to the pupil.

10 - 2
Other Policies

Statutory Responsibilities

The Education (Northern Ireland) Order 199818, Article 4, outlines the powers a
member of school staff can use in restraining pupils. Through this legislation, staff of a
grant‑aided school may use reasonable force for the purposes of preventing the pupil
from:

BB committing an offence;

BB causing personal injury to, or damage to the property of, any person (including
the pupil himself); or

BB engaging in any behaviour prejudicial to the maintenance of good order and


discipline at the school or among any of its pupils, whether that behaviour
occurs during a teaching session or otherwise.

The legislation extends to the premises of the school and when a member of school
staff has lawful control or charge of the pupil concerned.

Further Information

Support is available from the EA Behaviour Support Service.

Schools should also be familiar with:

BB ‘Regional Policy Framework on the Use of Reasonable Force/Safe Handling’


(May 2004).

BB ‘Towards a Model Policy in Schools on the Use of Reasonable Force’.

BB DE Circular 1999/9 Use of Reasonable Force.

These documents can be found at:


www.education-ni.gov.uk/search?query=reasonable+force&edit-submit-

18 www.legislation.gov.uk/nisi/1998/1759/contents

10 - 3
Contacts

11 - 4
Contacts

11 Contacts

Child Protection Support Service

EA Offices Contact Number

Belfast 028 9056 4289

Antrim 028 9448 2223

Dundonald 028 9056 6216

Armagh 028 3834 1975

Omagh 028 8241 1461

Duty Social Worker Gateway Team (Health & Social Care Trusts)

Gateway Teams Contact Number

Belfast 028 9050 7000

Northern 0300 1234 333

South Eastern 0300 1000 300

Southern 028 3741 5285

Western 028 8283 5156

Out of Hours for All Areas 028 9504 9999

PSNI

The Central Referral Unit (CRU) based in Antrim Road PSNI Station is part of the
Public Protection Unit and is the central referral point for child sexual and physical
abuse allegations.

The office is open Monday to Friday 8 am to 9 pm and weekends and public holidays
9 am to 5 pm.

Telephone: 028 9025 9299

11 - 1
Annex A

A-2
Annex A

Annex A

Legislation

The United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child is an international human
rights treaty setting out the civil, political, economic, social and cultural rights of the
child. It provides the overarching framework to guide the development of local laws,
policies and services so that all children and young people are nurtured, protected and
empowered. Each of the 41 Articles in the Convention detail a different type of right, all
of which interact to form one integrated set of rights for children and young people. All
Articles of the Convention are important and inter-relate to each other: those Articles
with particular relevance for this policy include:

BB Article 3 (Best Interests of the Child) The best interests of the child must be
a primary consideration for all actions concerning children taken by public or
private social welfare institutions, courts of law, administrative authorities or
legislative bodies. This includes ensuring the child is given the protection and
care necessary for their wellbeing, taking into account the rights and duties of
others towards them. Organisations, services and facilities responsible for the
care or protection of children must conform with appropriately set standards.

BB Article 4 (Protection of rights) Governments have a responsibility to take


all available measures to make sure children’s rights are respected, protected
and fulfilled. This involves assessing their social services, legal, health and
educational systems, as well as funding for these services. Governments must
help families protect children’s rights and create an environment where they can
grow and reach their potential.

BB Article 12 (Voice of the Child) A child who is capable of forming his or her
own views has the right to express those views freely in all matters which
affect them, those views being given due weight in accordance with their age
and maturity. This is particularly the case for any judicial and administrative
proceedings affecting them. A child can either give their views directly, or have
their views represented appropriately on their behalf.

BB Article 19 (Protection from all forms of violence) Governments should


ensure that children are properly cared for and their right to be protected from
harm and mistreatment is upheld.

A-1
Annex A

BB Article 20 (Children deprived of family environment) Children who cannot


be looked after by their own family have a right to be looked after properly by
people who respect their ethnic group, religion, culture and language.

BB Articles 34 and 36 (Exploitation) Governments should protect children from all


forms of exploitation.

BB Article 39 (Rehabilitation of child victims) Children who have been harmed


should receive help to recover and reintegrate into society.

The Children (Northern Ireland) Order 1995

The Children (Northern Ireland) Order 1995 is the principal statute governing the
care, upbringing and protection of children in Northern Ireland. It applies to all those
who work with and care for children, whether parents, paid carers or volunteers. The
Children Order provides the legislative framework within which this policy operates.

The Human Rights Act

The Human Rights Act (1998) incorporates the European Convention on Human
Rights (ECHR) into UK legislation. State authorities must use their powers reasonably
and proportionately to protect children and young people, and the ECHR holds them
responsible for inhuman or degrading treatment inflicted within their jurisdiction.
Professionals across all public authorities, including government departments, local
councils, hospitals, schools and the police must respect the ECHR, as must private
bodies in specific circumstances.

The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007

The Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 as amended


by the Protection of Freedoms Act 2012 provides the legislative framework for the
establishment of a Disclosure and Barring Service and requirements relating to
individuals who work with children and vulnerable adults. This legislation defines
‘regulated activity’ with children and prevents persons on barred lists from engaging in
regulated activity.

The responsibilities and processes to be followed are set out in DE Circulars 2012/19
and 2013/01.

A-2
Annex A

The Children’s Services Co-operation Act (Northern Ireland) 2015

The Children’s Services Co-operation Act (Northern Ireland) 2015 places a requirement
on individuals and organisations providing children’s services to children to co-operate
with each other to devise and implement cross cutting strategies. The Act is key to
ensuring improved outcomes for children by supporting, enhancing and encouraging
co-operation so that services are integrated from the point of view of the child or young
person.

In order to fulfil your responsibilities you are obligated to acknowledge and work within
the relevant guidance and procedures that have been produced by the Department of
Education (DE) and the Department of Health (DoH).

The Education and Libraries (Northern Ireland) Order 2003

Article 17 and 18 of the Education and Libraries (Northern Ireland) Order 2003 places
a statutory duty on Boards of Governors (BoGs) to safeguard and promote the welfare
of its pupils and to determine the measures to be taken at the school with a view to
protecting pupils from abuse (whether at school or elsewhere). Article 18(d) requires
BoG to prepare a written statement of such measures and to provide this to parents.
BoG must also have regard to any guidance given by the Department, the Education
Authority (EA) and Council for Catholic Maintained Schools (CCMS).

As such, all grant-aided schools must have a child protection policy which includes the
appointment of a Designated/Deputy Designated Teacher with responsibility for child
protection. [Requirements on other settings are a condition of grant.]
www.legislation.gov.uk/nisi/2003/424/contents

The Addressing Bullying in Schools Act (Northern Ireland) 2016

Section 2 of the Act will require that the Board of Governors of the school determine the
anti-bullying measures pursued at the school, ensure these are properly implemented
and are reviewed at intervals of no more than four years.

Section 3 of the Act will place a statutory duty on Boards of Governors of a grant-aided
school to ensure that a record is kept of all incidents of bullying or alleged bullying
involving a registered pupil at the school that occur:

(a) On the premises of the school during the school day;


(b) While travelling to or from the school during the school term;
(c) While the pupil is in the lawful control or charge of a member of the staff of the
school; or
(d) While the pupil is receiving educational provision arranged on behalf of the school
and provided elsewhere than on the premises of the school.

A-3
Annex A

The Act can be found at:


www.legislation.gov.uk/nia/2016/25/pdfs/nia_20160025_en.pdf

The Public Interest Disclosure (Northern Ireland) Order 1998

The Public Interest Disclosure (Northern Ireland) Order 1998 ensures employees
are protected from suffering detrimental treatment by their employers for disclosing
information (in good faith, and in the reasonable belief that it is substantially true) about
the conduct of private or public bodies or individual employers (‘protected disclosure’).
Specifically, protected disclosure includes any disclosure of information which, in the
belief of the employee making the disclosure, tends to show that a criminal offence has
been, is being or is likely to be, committed, or that the health or safety of an individual
has been, is being or is likely to be, endangered; or that information about such matters
has been, is being or is likely to be, deliberately concealed.

Criminal Law Act (NI) 1967

Section 5 of the Criminal Law Act (NI) 1967 makes it an offence to fail to report
a “relevant offence” where a person has information which could lead to the
apprehension, prosecution or conviction of such an offender. Sexual offences against
children, including Female Genital Mutilation (FGM) would be such an offence (The
Sexual Offences (NI) Order 2007 and the FGM Act 2003).

Family Homes and Domestic Violence (Northern Ireland) Order 1998

Family Homes and Domestic Violence (Northern Ireland) Order 1998, includes that,
in addition to non-molestation and occupation orders, a court will have the power to
attach an exclusion requirement to an interim care or emergency protection order in
order to protect children, providing therefore for the removal of the suspected abuser,
rather than the child, from the home.

Safeguarding Board Act (NI) 2011

The Safeguarding Board Act (NI) 2011 places interagency co-operation on a statutory
footing. The Safeguarding Board for Northern Ireland (SBNI) was launched in
September 2012. The objective of the SBNI is to safeguard and promote the welfare
of children and young people in Northern Ireland by co-ordinating and ensuring the
effectiveness of what is done by each person or body represented on the board. There
is a statutory duty on members to co-operate with each other, to make arrangements
to promote the welfare of children, and to supply information to the SBNI under certain
conditions. Further details are available on www.safeguardingni.org

A-4
Annex A

The Public Services Ombudsman Act (NI) 2016

The Public Services Ombudsman Act (NI) 2016 gives a power to investigate education
authorities in respect of complaints made by a member of the public (came into
effect on 1 April 2016). The power to investigate will extend to Boards of Governors
of grant‑maintained schools from 1 April 2017. This process of complaint must be
referred to in the complaints policy.
www.legislation.gov.uk/nia/2016/4/schedule/1/paragraph/5

Use of Reasonable Force

The Education (NI) Order 1998, Article 4, outlines the powers a member of school
staff can use in restraining pupils.
www.legislation.gov.uk/nisi/1998/1759/article/4

May 2004 Guidance “Regional Policy Framework on the use of Reasonable Force
and Safe Handling” may also provide useful guidance.
www.education-ni.gov.uk/sites/default/files/publications/de/Reg-policy-framework-
reasonable-force.pdf

A-5
Annex B

B-6
Annex B

Annex B

Other Agencies and Support Services

Inter-agency Co-operation

Schools and other bodies in the education sector can best contribute to a co-ordinated
approach to child protection by developing effective links with other agencies and
support services. In particular, local social services agencies can help provide
in‑school training on child protection issues.

Principal Agencies

The principal agencies involved in investigating and dealing with child protection
cases are the Social Services, the Police (PSNI) and the NSPCC. These agencies
have a close working relationship with other services which have direct contact with
children, and which also have a vital contribution to make to their protection: these
include medical practitioners and other health professionals (including school nurses),
Education Welfare Services, Educational Psychology Services, Probation services, the
Armed Forces where the families of service personnel are concerned, and voluntary
and church organisations.

Designated teachers will find it helpful to establish a good working relationship with
colleagues from the other agencies, especially the Social Services and the Police.
These agencies have wide experience in dealing with such cases, and regular
communication should help to build the understanding, trust and confidence which will
help to secure effective co-operation in cases of actual or suspected abuse.

Safeguarding Board for Northern Ireland

The objective of the Safeguarding Board for Northern Ireland (SBNI) is to safeguard
and promote the welfare of children and young people in Northern Ireland by
co‑ordinating the work and ensuring the effectiveness of each person or body
represented on the Board.

The functions of the SBNI include:

BB To promote awareness, across our community, of the need to safeguard children


and promote their welfare.

BB To develop good communication between the Board and children and young
people.

B-1
Annex B

BB To undertake case management reviews, in order to learn lessons in cases


where children have died or have been seriously injured.

BB To review information in relation to the sudden and unexpected deaths of


children.

BB To develop policies and procedures to help professionals and agencies work


together more effectively.

BB To arrange consultation and discussion, where appropriate, in relation to


safeguarding matters.

BB To produce an annual report setting out the work of the SBNI, a copy of which is
laid before the Northern Ireland Assembly.

Regulation 17 of the Safeguarding Board for Northern Ireland (SBNI) 2011 Regulations
requires the SBNI to undertake Case Management Reviews (CMR), in accordance with
the CMR guidance laid out in Annex B of the Guidance to the Safeguarding Board for
Northern Ireland (SBNI).
www.safeguardingni.org/

The role of the SBNI Safeguarding Panel

SBNI Safeguarding Panels (previously ACPC: Area Child Protection Committee)


provide forums for regular discussion among all the agencies involved in child
protection with the aim of developing and promoting inter-agency co-operation. The
Panels operate at Health and Social Care Trust level, and its function is to develop a
strategic approach to child protection. It develops, monitors and reviews inter-agency
child protection policies, procedures and training.

The Health and Social Care Trusts carry out child protection investigations, and also
have responsibility for co-ordinating multi-agency child protection plans.

The ACPC guidance is under review but continue to provide information for schools on
participation and responsibilities in respect of attending child protection conferences
and supporting children on the child protection register.

The Regional Policy and Procedures document is available at:


www.health-ni.gov.uk/sites/default/files/publications/dhssps/acpcregionalstrategy.pdf

B-2
Annex B

Health and Social Care Trusts

The Health and Social Care Board (HSCB) is the authority designated by the Children
Order and delegates its child safeguarding and child protection functions to the Health
and Social Care Trusts (HSCT).

The HSCTs work in partnership with other statutory agencies and with the community
and voluntary sector to ensure that children and young people are safeguarded and
their welfare is promoted. Where a potential risk to a child has been raised, it is the
responsibility of the Gateway Service or Children’s Services in the relevant HSCT to
assess the risk to the child and his/her needs and determine what response is required.

It is the responsibility of the HSCT to ensure that the assessed needs of the children
and young people are met as fully as possible, that their best interests are effectively
served and risks to them are being effectively managed.

Social workers within HSCTs are the lead professionals for safeguarding children and
young people. As a profession, social workers and their managers have responsibility
to safeguard children and young people, including the management and maintenance
of the Child Protection Register, its associated systems and for ensuring that all
statutory functions delegated to HSCTs in respect of safeguarding and protecting
children are satisfactorily fulfilled.

Social workers have lead responsibility for all Child Protection Investigations, and
should liaise with other professionals and agencies, including the PSNI, to achieve as
full an understanding as possible of the child or young person’s family circumstances.

There are social workers based within organisations outside of the HSC sector who
provide safeguarding services to children, such as those within the Education sector
or those working in some voluntary organisations or in independent practice. These
social workers must liaise closely with HSCT social workers as necessary to ensure the
children and young people they work with are effectively safeguarded.

B-3
Annex B

Education and Training Inspectorate

The Education and Training Inspectorate (ETI) is a ‘unitary’ inspectorate and part of the
Department of Education (DE), providing independent inspection services and policy
advice for DE.

The ETI also provides independent inspection services and policy advice for a number
of other government departments including the Department for the Economy and the
Department for Communities. In addition, inspection services are also provided for
the Department of Agriculture, Environment and Rural Affairs (DAERA), the Criminal
Justice Inspection (CJI) and the Home Office.

The legal basis for ETI’s work is set out in The Education and Libraries
(Northern Ireland) Order 1986 (Articles 102 and 102A).

Gateway19

The Gateway Service is the first point of contact with a HSCT for all new referral to
children’s social work service with responsibility for:

BB Ensuring that referrals are appropriately received and responded to promptly;

BB linking with children and families to assess their needs and identify appropriate
support services;

BB ensuring immediate response to safeguard children in need of protection;

BB co-ordinating action to ensure that children and young people receive ongoing
social work and other professional support and services whenever they need it;
and

BB Working closely with other agencies when required.

Social Services and the Police

Under the Protocol for Joint Investigation by Social Workers and Police Officers of
Alleged and Suspected Cases of Child Abuse (Northern Ireland) established between
the Police and Social Services, where either agency receives a report that a child is at
risk, the other is automatically informed. Health and Social Services Care Trusts have
a specific statutory duty to investigate situations where it is believed that a child may be
at risk.

19 As set out in DHSSPS Co-operating to Safeguard Children and Young People in Northern Ireland
(2016)

B-4
Annex B

Investigations are carried out by Social Services and the Police, often jointly. If it is
determined that a child or family do need support or services, appropriate action will
be taken by Social Services in accordance with their statutory duties; the Police will
be concerned with the criminal aspects of the case. The prime consideration of both
agencies, in every instance, is the welfare and needs of the child. Both agencies will
investigate reports with the utmost discretion and sensitivity; the circumstances of an
individual case may, however, require the disclosure of the source of the report, and
confidentiality in this regard cannot therefore be assumed.

An investigation into suspected abuse may result in a court making an emergency


protection, care or supervision order if it is satisfied that a child is suffering, or is likely
to suffer, ‘significant harm’. ‘Harm’ means ill treatment or the impairment of health
or development, and the question of whether harm is significant is determined in
accordance with Article 50(3) of the Children Order. This is, however, only one of a
number of possible outcomes of such an investigation, and wherever possible the
Social Services will seek to support children and their families rather than pursue
an outcome through the courts. It is also worth noting in this context that under
the forthcoming Family Homes and Domestic Violence (Northern Ireland) Order
1998, which will come into effect in March 1999, in addition to non-molestation and
occupation orders, a court will have the power to attach an exclusion requirement to
an interim care or emergency protection order in order to protect children, providing
therefore for the removal of the suspected abuser, rather than the child, from the home.

Multi Agency Risk Assessment Conference

A Multi Agency Risk Assessment Conference (MARAC) is a multi-agency meeting


where statutory and voluntary agency representatives share information about high risk
victims of domestic abuse in order to produce a co-ordinated action plan to increase
victim safety. The role of the MARAC is to provide a forum for effective information
sharing and partnership working amongst a diverse range of adult and child focussed
services in order to enhance the safety of high risk victims and their children.

The main aim of the MARAC is to reduce the risk of serious harm or homicide for
victims assessed as being at high risk of domestic violence.

Council for Catholic Maintained Schools

Council for Catholic Maintained Schools (CCMS) was established to promote effective
management and control of Catholic maintained schools by the Boards of Governors.
A key role for CCMS is therefore the provision of advice and information to the schools,
including support and guidance on child protection staffing issues.

B-5
Annex B

Education Authority

The designated officers in the Education Authority (EA) are senior, experienced officers
with responsibility for co-ordinating policy and action on child protection. The Child
Protection Support Service (CPSS) can provide advice and training for Governors and
Designated Teachers.

CPSS

Within the EA the CPSS has been developing as a regional service to schools since
2006. It is under the managerial authority of the Regional Service Manager for
Northern Ireland.

The CPSS is comprised of Designated Officers for Child Protection whose role is to
provide:

BB Daily helpline to advise, guide and support DTs/DDTs/Principals in relation to


concerns about individual children and on wider policy and training matters.

BB Initial, refresher and cluster group training on child protection issues.

BB Support visits to schools where required.

BB Advice and guidance on assessing and managing children whose behaviour


poses a significant risk of harm to themselves, other pupils and staff.

BB Dissemination of new information on training, DE circulars and guidance.

BB Support in developing or reviewing the school’s child protection policy.

BB Follow up to ETI inspections where child protection/safeguarding is identified as


an area for improvement.

The CPSS will also:

BB Offer training to the Chairperson and Designated Governor for Child Protection
in relation to their statutory child protection/safeguarding responsibilities.

BB Offer support, advice and training to other services within the EA.

BB Assist EA Human Resource managers in dealing with allegations of abuse


against teachers and other EA officers/employees.

BB Liaise with Social Services and PSNI where appropriate.

B-6
Annex B

BB Represent the education sector at multi-agency meetings including MARAC


(Multi-agency Risk Assessment Conference) meetings which are a co-ordinated
inter‑agency response to domestic violence and abuse.

Contact details for CPSS are included in the Contacts Section.

The EA Safeguarding site provides information on all aspects of safeguarding and child
protection:
www.eani.org.uk/schools/safeguarding-and-child-protection/

B-7
Annex C

C-8
Annex C

Annex C

Code of Conduct for Staff and Volunteers in


Schools

Date Ratified by BOG: ____________________________

Review Date: ____________________________

Objective, Scope and Principles

This Code of Conduct is designed to give clear guidance on the standards of behaviour
all school staff and volunteers are expected to observe. School staff and volunteers
are role models and are in a unique position of influence and trust and must adhere
to behaviour that sets a good example to all the pupils/students within the school.
As a member of a school community, each person has an individual responsibility to
maintain their reputation and the reputation of the school, whether inside or outside
working hours.

This Code of Conduct applies to all staff and volunteers of the school.

This Code of Conduct does not form part of any employees’ contract of employment.

1. Setting an Example

1.1 All staff and volunteers who work in schools set examples of behaviour and
conduct which can be copied by pupils/students. Staff must therefore for
example avoid using inappropriate or offensive language at all times.

1.2 All staff and volunteers must, therefore, demonstrate high standards of conduct
in order to encourage our pupils/students to do the same.

1.3 All staff and volunteers must also avoid putting themselves at risk of allegations
of abusive or unprofessional conduct.

1.4 This Code helps all staff and volunteers to understand what behaviour is and is
not acceptable and regard should also be given to the disciplinary rules set out
by the employing authority.

1.5 All staff and volunteers are expected to familiarise themselves and comply with
all school policies and procedures.

C-1
Annex C

2. Safeguarding Pupils/Students

2.1 All staff and volunteers have a duty to safeguard pupils/students from physical
abuse, sexual abuse, emotional abuse, neglect and exploitation.

2.2 The duty to safeguard pupils/students includes the duty to report concerns
about a pupil/student or colleague to a member of the school’s Safeguarding
team (Designated Teacher (DT)/Deputy Designated Teacher (DDT) for Child
Protection or the Principal).

2.3 The school’s DT is ________________________________________ (Name)


and the DDT is ________________________________________ (Name)

2.4 All staff and volunteers are provided with personal copies of the school’s Child
Protection Policy and Whistleblowing Policy and must be familiar with these
documents and other relevant school policies eg e-Safety and Acceptable Use
Policy.

2.5 All staff and volunteers should treat children with respect and dignity. They
must not demean or undermine pupils, their parents, carers or colleagues.

2.6 All staff and volunteers should not demonstrate behaviours that may be
perceived as sarcasm, making jokes at the expense of students, embarrassing
or humiliating students, discriminating against or favouring students.

2.7 All staff and volunteers must take reasonable care of pupils/students under
their supervision with the aim of ensuring their safety and welfare. Staff should
also complete risk assessments where appropriate in accordance with school
policies.

3. Relationships with Students

3.1 All staff and volunteers must declare any relationships that they may have with
pupils/students outside of school; this may include mutual membership of social
groups, tutoring, or family connections. Staff and volunteers should not assume
that the school are aware of any such connections. A declaration form may be
found in Appendix 1 of this document.

3.2 Relationships with students must be professional at all times, sexual


relationships with students are not permitted and may lead to an abuse of trust
and criminal conviction.

C-2
Annex C

4. Pupil/Student Development

4.1 All staff and volunteers must comply with school policies and procedures that
support the well-being and development of pupils/students.

4.2 All staff and volunteers must co-operate and collaborate with colleagues and
with external agencies where necessary to support the development of pupils/
students.

5. Honesty and Integrity

5.1 All staff and volunteers must maintain high standards of honesty and integrity
in their work. This includes the handling and claiming of money and the use of
school property and facilities.

5.2 Gifts from suppliers or associates of the school must be declared to the Principal
with the exception of “one off” token gifts from students or parents. Personal
gifts from individual members of staff or volunteers to students are inappropriate
and could be misinterpreted and may lead to disciplinary action. A record will be
kept of all gifts received.

6. Conduct Outside of Work

6.1 All staff and volunteers must not engage in conduct outside work which could
seriously damage the reputation and standing of the school or the staff/
volunteers own reputation or the reputation of other members of the school
community.

6.2 In particular, criminal offences that involve violence, possession or use of illegal
drugs or sexual misconduct are to be regarded as unacceptable.

6.3 Staff may undertake work outside school, either paid or voluntary, provided that
it does not conflict with the interests of the school. It should not contravene
the working time regulations or affect an individual’s work performance in the
school. Staff should seek advice from the Principal when considering work
outside the school.

7. E-Safety and Internet Use

7.1 Staff must exercise caution when using information technology and be aware
of the risks to themselves and others. Regard should be given to the schools’
E-Safety and ICT Acceptable Use Policy at all times both inside and outside of
work.

C-3
Annex C

7.2 Staff and volunteers must not engage in inappropriate use of social network
sites which may bring themselves, the school, school community or employer
into disrepute. Staff and volunteers should ensure that they adopt suitably high
security settings on any personal profiles they may have.

7.3 Staff should exercise caution in their use of all social media or any other
web based presence that they may have, including written content, videos or
photographs, and views expressed either directly or by ‘liking’ certain pages or
posts established by others. This may also include the use of dating websites
where staff could encounter students either with their own profile or acting
covertly.

7.4 Contact with students must be via school authorised mechanisms. At no time
should personal telephone numbers, email addresses or communication routes
via personal accounts on social media platforms be used to communicate with
students.

If contacted by a student by an inappropriate route, staff should report the


contact to the Principal immediately.

7.5 Photographs/stills or video footage of students should only be taken using


school equipment for purposes authorised by the school. Any such use should
always be transparent and only occur where parental consent has been given.
The resultant files from such recording or taking of photographs must be
retained and destroyed in accordance with the schools Records Management
Policy and Disposal Schedules.

8. Confidentiality

8.1 Members of staff and volunteers may have access to confidential information
about students in order to undertake their every day responsibilities. In
some circumstances staff may be given additional highly sensitive or private
information. They should never use confidential or personal information about a
student or his family for their own, or others’ advantage. Information must never
be used to intimidate, humiliate, or embarrass the student.

8.2 Confidential information about students should never be used casually in


conversation or shared with any person other than on a need to know basis. In
circumstances where the student’s identity does not need to be disclosed the
information should be used anonymously.

C-4
Annex C

8.3 There are some circumstances in which a member of staff may be expected
to share information about a student, for example when abuse is alleged or
suspected. In such cases, individuals have a duty to pass information on
without delay, but only to those with designated child protection responsibilities.

8.4 If a member of staff is in any doubt about whether to share information or keep it
confidential he or she should seek guidance from a senior member of staff. Any
media or legal enquiries should be passed to senior leadership.

8.5 Adults need to be aware that although it is important to listen to and support
students, they must not promise confidentiality or request students to do the
same under any circumstances.

8.6 Additionally concerns and allegations about adults should be treated as


confidential and passed to a senior leader without delay.

9. Dress and Appearance

9.1 All staff and volunteers must dress in a manner that is appropriate to a
professional role and promoting a professional image.

9.2 Staff and volunteers should dress in a manner that is not offensive, revealing or
sexually provocative.

9.3 Staff and volunteers should dress in a manner that is absent from political or
other contentious slogans.

10. Disciplinary Action

Staff and volunteers should be aware that a failure to comply with this Code of Conduct
could result in disciplinary action including but not limited to dismissal.

11. Compliance

All staff and volunteers must complete the form in Appendix 2 to confirm they have
read, understood and agreed to comply with the code of conduct. This form should
then be signed and dated.

C-5
C-6
Appendix 1

Relationships with Students Outside of Work Declaration

It is recognised that there may be circumstances whereby staff and volunteers of the
school are known to students outside of work. Examples include membership of sports
clubs, family connections, or private tutoring.

Staff must declare any relationship outside of school that they may have with students.

Employee Name Student Name Relationship

I can confirm that I am fully aware of the code of conduct relating to contact out of
school with students in line with this policy.

If I am tutoring a student outside of school I am aware that the following must be


adhered to:

• I do not, at any point, teach the child in question as part of my daily timetable -
this is a stipulation of such tutoring.

• I emphasise to parents that this is done completely independently of the school.

• No monies come through the school at any point, informally (eg via the child) or
formally.

• No private tutoring is to take place on the school premises.

I confirm that if these circumstances change at any time I will complete a new form to
ensure the school are aware of any relationships.

Signed ___________________________ Date ________________

Once completed, signed and dated, please return this form to the Principal.

C-7
Appendix 2

Confirmation of Compliance

I hereby confirm that I have read, understood and agree to comply with the school’s
code of conduct.

Name __________________________________________________

Position/Post Held __________________________________________________

Signed ___________________________ Date ________________

Once completed, signed and dated, please return this form to the Headteacher.

C-8

You might also like