Safeguarding record management webinar - February 2015
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The document outlines the responsibilities and practices related to child protection, including the importance of timely action on concerns of abuse, proper record keeping, and data protection laws. It emphasizes the need for detailed documentation of any allegations or concerns regarding children's welfare and outlines the protocol for sharing information amongst staff and external agencies. Additionally, it details the rights of parents regarding access to educational records and the handling of allegations against staff members who work with children.
Safeguarding record management webinar - February 2015
- 3. “Research and Serious Case Reviews have repeatedly shown the dangers of failing to take effective action. Poor practice includes:
- 4. • failing to act on and refer the early signs of abuse and neglect • poor record keeping • failing to listen to the views of the child
- 5. • failing to re-assess concerns when situations do not improve • sharing information too slowly • a lack of challenge to those who appear not to be taking action”
- 6. • law of confidentiality • mutual trust and confidence between employer and employee • Human Rights Act 1998 (Article 8 - right to a private and family life) • Data Protection Act 1998
- 7. • divorced non-resident father asks for copies of records about their child held by the school • pupil reveals they are being abused by a family member
- 8. • parents of pupil with eating disorder asks for the school to provide information • LA ask you to provide information in relation to a social care investigation
- 9. • police ask you to provide information about a pupil or member of staff as part of an investigation they are undertaking
- 10. Pupils • child welfare concerns Employees • Single Central Record • DBS checks • concerns about possible risk posed by employees or school volunteers
- 11. Data must be 1. fairly and lawfully processed 2. processed for limited specified purposes 3. adequate, relevant and not excessive for those purposes
- 12. 4. accurate and up to date 5. kept for no longer than necessary 6. processed in accordance with the data subject’s rights under the DPA
- 13. 7. kept secure 8. not transferred to non-EEA (European Economic Areas) without adequate protection
- 15. • any concern or suspicion that gives staff cause for concern about a child • any disclosures or allegations made whether or not this appears trivial or results in an external referral
- 16. • in writing • a standard form can be helpful • a typed record is preferable but retain any contemporaneous handwritten notes
- 17. • avoid jargon or unsupported opinions (e.g. expressing the opinion that the child is not telling the truth) – keep in mind who might see it in the future
- 18. Should be started where • concerns have been raised about the welfare or well being of a student (internal or external) • a student makes a disclosure • information is passed to the school by the student’s previous school
- 19. • must be kept separate from the child’s general school records but mark the general record (e.g. coloured sticker) to indicate that there is a child protection file
- 20. • ensure all forms, referrals, reports, notes, correspondence etc relating to the student are retained on one file • siblings – ensure files are cross- referenced but be cautious about what information about the other sibling is included
- 21. • access to the information on file should be on a ‘need-to-know’ basis amongst staff
- 22. • transition – new school; nursery to primary school; primary to secondary school; secondary school to college • child protection files should be forwarded to the new school without delay i.e. within five school days • send separately from the child’s general school file
- 23. • keep a copy of the file until you have confirmation that the new school has received it and then destroy the copy • must maintain a list of records which have been destroyed and who authorised their destruction
- 24. • only collect information that you need for a specific purpose • store it securely • only retain as much information as you need
- 25. • ensure stored information is relevant and up to date • only retain information for as long as you need it
- 27. • follow the DPA guidelines to ensure information is shared appropriately - necessary, proportionate, relevant, accurate, timely and secure
- 28. • be open and honest from the outset about why, what, how and with whom information will or could be shared • share with consent if possible
- 29. • consider the safely and wellbeing of others • share personal information securely
- 30. • keep detailed records: date and time, the reason for sharing, what type of information you shared, who authorised it, how you shared the information and the recipient’s name, job title, organisation and telephone number
- 31. • seek advice if you are unsure
- 33. • section 576 of Education Act 1996 – ‘parents’ for the purposes of education law ‐ all natural parents (whether married or not) ‐ anyone who has parental responsibility (‘PR’) ‐ any person (even though not a natural parent) who has care of the child
- 34. • generally, anyone who is a parent has the right to participate in decisions relating to their child’s education and receive information about their child from the school
- 35. • mother automatically from birth • father if married to mother when child born or since married her
- 36. • unmarried father where ‐ child born from December 2003 and jointly register the birth ‐ obtains a PR agreement from the mother ‐ obtains a PR order from the court
- 37. • PR can also be acquired by others via ‐ residence order ‐ appointment as guardian ‐ adoption ‐ emergency protection order ‐ naming in a care order (local authority)
- 38. • regulation 5 of Education (Pupil Information) (England) Regulations 2005 • applies to maintained schools and independent special schools only (not academies)
- 39. • school must make available for inspection or provide a copy of a pupil’s “educational record” if requested to do so in writing by a parent • must be supplied within 15 school days of request
- 40. • any information processed by/on behalf of governing body which: • relates to pupil or former pupil of the school; and • originated from/was supplied by any member of staff, the pupil themselves or a parent of that pupil
- 41. • GB must not disclose any information which they would be prohibited from sharing with the pupil themselves under the DPA or which that pupil would have no right to access themselves (consider third party information) • specifically includes a statement of SEN and personal education plan
- 42. All schools • parents may make subject access requests on behalf of their child for information about them if the child does not have capacity to make the request themselves • includes child protection files • request must be in writing
- 43. Can refuse in some circumstances e.g. • providing information about social services or related activities would be likely to prejudice the carrying out of social work by causing serious harm to the physical or mental health or condition of the child or any other person
- 44. • releasing the information would be likely to prejudice an ongoing criminal investigation • confidential communications between client and professional legal adviser
- 45. • Assess each request on a case-by-case basis ‐ provide information in full ‐ advise that information is held but cannot be disclosed ‐ make no mention that information is held
- 46. • where other agencies are involved, advise them that a request has been made and agree the wording of a response
- 47. • keep detailed records of your decision- making process, including from whom advice has been sought and when and the rationale for your decision (based on DPA guidelines) • seek your own legal advice if you are unsure
- 49. Who does it cover? • all staff (including supply staff) who work at the school • all others who work in regular contact with children in the school or college, including volunteers
- 50. • for independent schools, academies and free schools, all members of the proprietor body
- 51. What information should be retained? • whether or not the following checks have been carried out or certificates obtained, and the date on which the checks were completed
- 52. • identity check; barred list check; enhanced DBS check; prohibition from teaching check; further checks on people living or working outside the UK; a check of professional qualifications; & checks to establish the person’s right to work in the UK
- 53. • once the SCR has been updated, the certificate should be destroyed • not good practice to retain copies • KCS states that retained copies should not be kept for more than 6 months
- 54. Allegations that a person who works with children has: • behaved in a way that has harmed a child or may have harmed a child • possibly committed a criminal offence against or related to a child
- 55. • behaved towards a child or children in a way that indicates they may pose a risk of harm to children
- 56. What should be retained? • a clear and comprehensive summary of the allegation, details of how the allegation was followed up and resolved, and a note of any action taken and decisions reached
- 57. Where should it be retained? • a copy kept on an employee’s confidential personnel file • a copy provided to the person concerned
- 58. How long should it be retained? • at least until the person has reached normal retirement age or for a period of 10 years from the date of the allegation if that is longer
- 59. False, unsubstantiated or malicious allegations • allegations that are found to have been malicious should be removed from personnel records • false, unsubstantiated or malicious allegations should not be referred to in employer references
- 60. Katie Michelon | 0115 976 6189 katie.michelon@brownejacobson.com