In last month's policy Q&A we discussed the need for early years settings to have a robust recruitment process in order to ensure that employees are considered safe to work with children. In addition to this, all early years providers need to comply with the statutory requirements relating to child protection.
In particular, they need to: (i) have an effective safeguarding children policy and procedure; (ii) have in place a process and procedure in the event of allegations being made against members of staff; (iii) ensure that all members of staff understand their responsibilities; (iv) inform Ofsted of any allegations of serious harm or abuse as soon as reasonably practical; and (v) appoint a designated person to take lead responsibility for safeguarding children within the setting.
This article sets out the key components of, and looks to answer some questions surrounding, safeguarding policies.
Q: Why is a safeguarding policy required?
A: Events such as the child abuse uncovered last year at Little Teds nursery in Plymouth make it abundantly clear why a safeguarding policy is required. The level of abuse uncovered has been incredibly shocking. It has also brought into sharp focus the responsibilities that those who operate nurseries have for children in their care, and the need for operators to be vigilant at all times.
Having a safeguardingpolicy ensures that procedures are in place to support the commitment that every child who attends a nursery should be safe and protected. It is also recognised that nursery staff, given their close and ongoing contact with children, are well-placed to observe the outward signs of abuse, changes in behaviour or failure to develop. All staff need to be familiar with the contents of the policy, which must be complied with at all times and should have basic training on how to operate the procedures.
Q: What are the key components of an effective Safeguarding Policy?
A: The policy should give clear direction to staff, parents and regular visitors about how concerns are managed. It should set out the roles and responsibilities of all those working with children in the setting in relation to safeguarding, and in particular it should name the lead practitioner or designated person for safeguarding. It must set out the duties of all employees, including the procedures that must be followed in the event that abuse is suspected.
There should also be specific procedures that apply if an allegation is made against a member of staff. The policy should also cover obligations of confidentiality in relation to records, the need to share information and guidance on informing parents of concerns. Arrangements for regular staff training on safeguarding should be set out in the policy.
Q: Who is a designated person?
A: This is the person who is responsible for child protection at the nursery. They should be somebody of sufficient status and authority. A deputy should be appointed to deal with matters in the absence of the designated person.
Q: What are the responsibilities of a designated person?
A: The designated person is the principal contact for all child protection issues in the setting. The main responsibilities are broadly: (i) to be the first point of contact for parents, children, staff and external agencies in all matters of child protection; (ii) to co-ordinate child protection procedures; (iii) to maintain a training programme for staff; (iv) to keep safe any records relating to child protection matters; (v) to act on any matters which are reported to them; and (vi) to liaise with the appropriate external agencies.
Q: What steps should a member of staff take if they have concerns about a child's welfare?
A: The member of staff should speak with the designated person as soon as possible. They should not try to investigate a matter themselves. The designated person will decide whether any action is required and in particular whether it is appropriate to approach an external agency.
Q: When should matters be referred to external agencies? Who are the relevant external agencies?
A referral should be made when the conduct that is subject to suspicion amounts to a serious criminal offence and where the child has suffered or is at risk of suffering significant harm. A referral may be made to the local authority's children's services department, or the child protection unit of the local police force. Your terms and conditions should make reference to the safeguarding policy and the fact that information may have to be shared with external agencies if there are concerns about a child's welfare.
Q: How should you report concerns if they relate to another member of staff?
A: The policy should include a statement on 'whistleblowing'. It should state that any concerns should be reported to the designated person, or in exceptional cases to Ofsted, and that no retribution or disciplinary action should be taken against the staff member raising the concerns, provided they have acted in good faith.
Rob Collier is a partner at Veale Wasbrough Vizards and heads the Early Years Team. Contact him on 0117 3145472 or rcollier@vwv.co.uk
