Child Protection Sample Policy

CHILD PROTECTION SAMPLE POLICY 

Further education colleges of all types have increased levels of contact with under 18 year olds, not just as a result of 14-16 provision but also through staff and student activity in the community. As a result of the Education Act 2002, FE colleges have a statutory obligation to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children. An essential way of carrying out that obligation is to have and observe a child protection policy.

This is why in February 2005 the AoC produced a sample child protection policy document. This article aims to answer some of the most frequently asked questions received since its production. However, there are a number of questions that require investigation outside the scope of the sample policy document. These include:

Can we use the policy and procedures without amending them?

No. The attached child protection policy is not an 'off the shelf' policy; colleges will need to consider the policy and how it applies to them. It has been prepared as a model policy that achieves more than bare statutory compliance. There will be aspects of the policy that are of lesser relevance to some colleges. However it is very important that individual colleges consider the policy for themselves and make contact with their local child protection agencies in order that they do not find themselves in difficulty should a child protection issue arise. 

What 'local agencies' are there and how do we contact them?

From October 2005, Local Safeguarding Children Boards have replaced Area Child Protection Committees. County councils (or unitary local authorities) are responsible for establishing a LSCB in their area. It is likely that social services departments will know how to contact LSCB.

We recommend that colleges make contact with their LSCB because the key statutory guidance, 'Working Together to Safeguard Children', (April 2006) indicates that the local authority should ensure the involvement of FE colleges, including 6th form colleges, in the LSCB. The LSCB's objective is to co-ordinate local work to safeguard and promote the welfare of children. Therefore it may be that the LSCB will nominate another agency, for example local social services, to be the point of contact for concerns. However as local arrangements may vary, the policy and procedures refer to LSCB.

Do we have to have a Designated Governor?

No, but it is recommended. The designated governor will have a role of championing child protection issues within the governing body and will be a useful point of contact in the event of allegations against senior staff. However, there is no statutory obligation to have a nominated governor, although there should be a designated senior manager with this responsibility. The policy and procedure has been drafted on the basis that a designated governor will be appointed. If a governing body chooses not to have a designated governor, it will need to have in place other arrangements.

How long should we keep records for?

It is recommended that you consult with the LSCB on the issue of maintaining records. The attached policy is silent on this issue as the proper place for a statement on how long such records should be kept is a records policy and having a statement in the child protection policy as well may lead to confusion or conflicting policies as one is updated.

The length of time that a record is kept is defined by a number of factors, including the limitation period for claims. When considering potential claims by a child arising out of an issue of child protection, identifying a period of time that applies to all cases is not possible. However, the shortest period of time that should be considered is 7 years starting from the child's 18th birthday. This period should apply whether or not any action is taken in respect of the allegation.

As regards personnel records, child protection issues form an exception to the general rule that where an allegation is investigated and found to be without substance, no record should be maintained. Instead a record that an allegation was made, a summary of that allegation, that it was investigated and the outcome of that investigation should be kept.

We provide accommodation for under 18s, are there any special rules?

Yes. You will be subject to the National Minimum Standards for Accommodation of Students Under 18 by Further Education Colleges. These are monitored by Ofsted and available from the Department of Health website at: http://www.dh.gov.uk/. 

Including any detail from the National Minimum Standards is beyond the scope of a general policy and you should consider how your college complies with the NMS and whether any of the issues raised by the NMS might be included in your college's child protection policy. 

Should you have any questions about Child Protection Issues in your college, please contact the LSG Governance Helpline on 0247 662 7723.

To view the Model Child Protection Policy, please click here