Safeguarding Adults at Risk Policy Date approved: September 2017 Approved by: Corporation Review date: September 2018 Responsible Managers: Nominated Divisional Managers Executive Lead: Group Director Quality and Standards Accessible to Students/Customers: 1. Consultation Consultation undertaken with:- Newcastle College West Lancashire College: Newcastle Sixth Form College Carlisle College Kidderminster College Lewisham Southwark College Intraining Rathbone 2. Applicability of Policy to Organisation This policy applies to:- Newcastle College: West Lancashire College: Newcastle Sixth Form College Carlisle College Kidderminster College Lewisham Southwark College Intraining: Rathbone 3. Scope and Purpose of Policy 1
This policy and the associated divisional policies and procedures have been developed in response to guidance issued on the protection of adults considered vulnerable in the DfES/NIACE publication Safer Practice, Safer Learning (2007). The guidance applies to all education providers of post-16 learning and skills. The Care Act (2014) Section 14.2 states: The safeguarding duties apply to an adult who: has needs for care and support (whether or not the local authority is meeting any of those needs) and; is experiencing, or at risk of, abuse or neglect; and as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect. This policy also applies to Scotland which has different legislation The Protection of Vulnerable Groups (Scotland) Act 2007 which defines a protected adult as an individual, aged 16 or over who receives one or more types of care or welfare services. The term Adult at Risk is used to describe a vulnerable adult. 4. Policy Statement Adults have the right to access education and training free from fear of harm and protected from mistreatment and abuse, including the risk of radicalisation. Section 26 of the Counter-Terrorism and Security Act 2015 places a duty on specified authorities which includes NCG, to comply with the Prevent Duty Guidance: for England and Wales. There is separate guidance for Scotland. In addition, adults considered at risk should be able to access learning with as much independence as is appropriate and within their capabilities and to make choices, even if those choices involve a degree of risk. Where a risk is identified, a risk assessment will be completed. NCG recognises its role in safeguarding adults at risk and in the prevention of mistreatment or abuse. In accordance with DfES/NIACE guidance, the following arrangements apply to each Division of NCG: NCG s Safeguarding Adults at Risk policy applies to all Divisions and is made available to parents, carers, guardians, learners and customers on request; Divisional policies and procedures are developed and updated within the framework. These procedures are: o developed in accordance with local authority guidance and locally agreed interagency procedures; o include guidelines for dealing with allegations of abuse against members of staff and volunteers; o reviewed and updated annually by Divisional Heads; 2
o approved by the Divisional SMT and Local Board NCG operates safe recruitment procedures and ensures that all appropriate checks are carried out on staff and volunteers who work with adults at risk and maintain a single central record. A member of the Group Executive, Group Director Quality and Standards, is NCG s Designated Manager with lead responsibility for dealing with issues related to the safeguarding of adults at risk and provides advice and support to other staff across NCG; The Head of each Division identifies a Divisional Designated Safeguarding Lead who is a member of the Senior Management Team with responsibility for issues related to the safeguarding of adults at risk within the Division; Deputy Divisional Designated Safeguarding Leads are identified in each Division to deputise in the absence of the Divisional Designated Safeguarding Lead; Additional Nominated Safeguarding Managers/Safeguarding Officers are identified within Schools/sub-Divisions to ensure that requirements for safeguarding adults at risk are met at local level; In addition to basic Adults at Risk training NCG s Designated Manager, the Divisional Designated Safeguarding Leads, the Divisional Deputy Designated safeguarding Leads and the additional Nominated Safeguarding Managers are required to undertake appropriate training determined by their operation role to standards agreed by their Local Adult Safeguarding Board and refresher training at two yearly intervals to keep his or her knowledge and skills up to date; The Group Chief Executive, Divisional Heads and all other staff who work with adults at risk, are required to undertake appropriate training to equip them to carry out their responsibilities for safeguarding effectively, and this is kept up to date by refresher training at two yearly intervals. This training is also undertaken by the HR Manager or equivalent. The HR Manager in each Division (or their equivalent) ensures that the training described above is offered and undertaken at the prescribed intervals and that staff training records are up to date; The Divisional Designated Safeguarding Lead and HR Manager ensure that permanent staff, temporary staff and volunteers who work with adults at risk are made aware of NCG s Safeguarding Adults at Risk policy, the Divisional procedures for Safeguarding Adults at Risk and their responsibilities; All staff are required to comply with the Code of Conduct applicable to their relevant division; 3
The Corporation remedies without delay any deficiencies or weaknesses in regard to arrangements for the safeguarding of adults at risk that are brought to its attention; The Chair of the Corporation, or in his absence, the Vice Chair is nominated to be responsible for liaising with the local authority and/or partner agencies, as appropriate in the event of allegations of abuse being made against the Group Chief Executive; Policies and procedures are reviewed annually by NCG s designated manager and information is provided to Governors about how the above duties have been discharged; All complaints, allegations or suspicions are taken seriously and discussed with the Divisional Designated Safeguarding Lead and/or NCG s designated manager before any steps are taken. Where action is necessary, this will be undertaken with due regard to the Safeguarding Adults at Risk Procedures in place within each Division. The ESFA has included new safeguarding in the funding agreements and contracts for 2017 to 2018. Whilst the local authority and the provider have the primary duties in respect of safeguarding, the Secretary of State (SoS) has a general duty to promote the wellbeing of children in England under section 7 of the Children and Young Persons Act 2008. ESFA s role therefore, is to provide assurance to the SoS, in meeting her general duty, in that the right organisations are taking action to keep all pupils and students safe. In order to ensure ESFA is made aware of serious safeguarding incidents, these clauses have been added to the funding agreements and contracts for 2017 to 2018. For more information on when to refer safeguarding referrals or concerns to the ESFA see Appendix B. 5. Linked Policies Safeguarding Young People Policy (Group) Health, Safety and Wellbeing Policy (Group) Health, Safety and Wellbeing Policy (Group) Disclosure Policy (Group) Staff Disciplinary Policy (Group) Recruitment and Selection Policy (Group)Admissions Policy (Newcastle College, Kidderminster, West Lancs College and Rathbone) (Divisional) Student Disciplinary Policy(Divisional) Disclosure by Learners/Customers in the Work Place Policy (Divisional) FE Attendance Policy (Divisional) 4
6. Linked Procedures Disclosure Procedure (Group) Staff Disciplinary Procedure (Group) Recruitment and Selection Procedure (Group) Divisional Safeguarding Young People Procedures (Divisional) Prevent Procedure(Divisional) Safety Management Plan (including procedure on Risk Assessment) (Divisional) Student Disciplinary Procedure (Divisional) Disclosure by Learners/Customers in the Work Place Procedure (Divisional) FE Attendance Policy (Divisional) Safeguarding Risk Assessment for Work Placements (Divisional) Newcastle Safeguarding Adults Board (Divisional) http://www.newcastle.gov.uk/safeguardingadults 7. Equal Opportunities Statement The policy is written with due regard to NCG s commitment to Valuing Diversity. However, where there are concerns about the welfare of an adult at risk, this will take priority. An Equality Impact Assessment will be completed by each Division. This policy may be subject to review following Equality Impact Assessment by the Divisions. 8. Location and Access to the Policy The Safeguarding Adults at Risk Policy is located as follows: NCG Intranet: Group Services: Group Policies and Procedures NCG Website: Media Centre: Guide to Information: Our policies and procedures 9. Person Responsible for the Policy NCG Designated Manager. 5
Appendix A DIVISIONAL SAFEGUARDING POLICY CHECKLIST The following should be included in the Divisional Policies and Procedures where appropriate. Points/statements to consider and ensure adequate coverage is included in your policy The policy should outline the definitions, signs and symptoms of the four kinds of abuse and neglect. The policy should outline the difference between a 'concern' and 'immediate danger or at risk of harm The policy should include the signs and symptoms of female genital mutilation. The policy should refer to the mandatory duty on teachers to report disclosures on FGM about a female under 18. The policy should include the colleges duties under the Counter Terrorism and Security Act 2015 (The Prevent Duty ) [Note there is no requirement to have a separate policy for the Prevent duty, but colleges in higher risk areas might wish to do so] The policy should define 'Private Fostering' and note that there is a mandatory duty to inform the local authority of children in such arrangements. The policy should refer to the key areas of risk that students in the college may encounter. Outlining the signs and symptoms staff might notice is useful. You can use information from the local authority child health profiles to identify where your students are at higher risk and ensure those issues are a focus. You can find the profiles here: http://www.chimat.org.uk/resource/view.aspx?qn=profiles_static Risks can also be identified from the safeguarding issues identified from your own annual safeguarding report analysis and changes year-on-year The policy should include a statement that young people with SEN and disabilities are more likely to be abused or neglected, and how the college identifies these young people and seeks to keep them safe (sadly bullying of LLD students outside college, and sometimes inside, is increasingly common) The principles of safer recruitment followed should be outlined in the policy including pre-employment checks such as take-up of two references, DBS checking (all governors now need an Enhanced DBS check), central register, etc. For agency staff, it is now a requirement that colleges check that the person presenting at the college, is the same person that the agency has provided the vetting checks for. 'Prohibition from teaching checks' only need to be carried out by Sixth Form Colleges [the NCTL's Teacher Services system (previously known as the Employer Access Service) now provides restriction information about teachers from the European Economic Area (EEA), and these checks must be recorded for staff from these countries for SFC]. 6
Policies and procedures include appropriate reporting to the local authority for dealing with learners who go missing from education (see page 51 53 KCSIE) The college has at least two Designated Safeguarding Leads (one a deputy) and these are named in the policy, along with contact details (best practice is to have a male & female). Usually a senior member of staff, the DSL should not delegate their responsibility. For DSLs there is an increased emphasis on ensuring that they have a job description, and that the cover arrangements are clear (most colleges have a senior management duty rota where the managers have received safeguarding training). The college has a named governor for safeguarding who is identified in the policy, along with appropriate contact details. The policy should also name the person to whom concerns about the principal can be taken. The policy is clear that staff should promptly share their concerns in writing with the DSL and sets out the procedure for doing so. The policy should be clear that all verbal conversations should be promptly recorded in writing. There should be an identified single location for the delivery of concern forms and a clear method for alerting the DSL that a concern form has been raised The policy should be clear about the steps the DSL should take in order to refer a concern outside the college, e.g. a social services enquiry or to the local authority Designated Officer (LADO). An up-to-date list of relevant names and contacts details should be included in the policy. The policy should set out the training opportunities for staff in different roles; and the type and frequency of training. For DSL/deputy two-yearly interval, BUT, in addition they should receive an update at least yearly. For all other staff regular updating from September 2016 changed to at least annually. In terms of training, the September 2016 version of Keeping Children Safe refers to safeguarding topics that might not have been explicit in the past. These topics include: Peer-on-Peer Abuse (includes issues such as sexting); So-called Honour-based Violence; and Understanding the additional safeguarding vulnerabilities of learners with SEN and disabilities, and how those barriers can be overcome. Ensure that you know online training has been effective and not just done? Ofsted will ask staff, governors and learners questions The policy should be self-contained and not rely on other documents to understand it is the language understandable or jargon riddled The policy should have a publication date and a review date (not later than one year from publication it needs to be ready by the latter). The policy should be available on the college's website (right version often out of date as review date has passed) The policy should set out the other relevant documents all staff must have read and understood: 7
Keeping Children Safe in Education (September 2016) [Part One]. Note that staff teaching learners should also read Appendix A Further Information" College's Code of Conduct and acceptable staff behaviour College's Safeguarding Policy [Although not statutory, it is useful to ask staff to be familiar with 'What to do if you're worried a child is being abused', as it contains excellent examples of the different types of safeguarding issues and Ofsted s own safeguarding guidance for inspectors that is updated every year including summer 2016 good to use as part of annual staff update training, along with main points of your SG report and any local/ national SG examples. Include issues from your annual safeguarding report and analysis of issues addressed in the year prior to this update Identify specific training needs for staff and governors Identifyawareness campaigns to be raised with learners through training/ tutorials/ posters in the year of the policy (Safer Internet, Anti-Bullying) 8
Informing ESFA about serious safeguarding incidents Appendix B ESFA has included new safeguarding in the funding agreements and contracts for 2017 to 2018. Whilst the local authority and the provider have the primary duties in respect of safeguarding, the Secretary of State (SoS) has a general duty to promote the wellbeing of children in England under section 7 of the Children and Young Persons Act 2008. ESFA s role therefore, is to provide assurance to the SoS, in meeting her general duty, in that the right organisations are taking action to keep all pupils and students safe. In order to ensure ESFA is made aware of serious safeguarding incidents, these clauses have been added to the funding agreements and contracts for 2017 to 2018. The circumstances in which ESFA funded providers should inform ESFA of safeguarding referrals/concerns The main issues/referrals ESFA want to be notified about, where any funded students are concerned, are those that result in police investigations. ESFA needs to be sighted on these cases and satisfied the right action is in hand by responsible bodies. How they expect to be informed and the level of information required Please email Enquiries.EFA@education.gov.uk. ESFA will need to know the name of the institution, the nature of the safeguarding incident and confirmation that it is under investigation by the police. they will not ask for, or require any information that could be used to identify individuals or any information that will impact on your data protection duties. What they will do with the information provided Once ESFA has been alerted that a serious safeguarding incident has taken place at an ESFA funded institution, ESFA will ensure the SoS is made aware. ESFA will then liaise with the organisations that have the primary duty. ESFA will take the action they deem necessary in accordance with the funding agreement. Information to be provided to ESFA about Prevent referrals to Channel panels Institutions will only need to notify ESFA that a referral has been made, no other information is required. Information to be provided to ESFA about Disclosure and Barring Service Institutions will only need to notify ESFA that a referral has been made, no other information is required. 9
Providing ESFA with quality improvement activity in advance of an Ofsted inspection, and informing us about provisional and interim inspection grades We have added an additional clause to enable us to request this information. We anticipate that we will only request it in very exceptional cases. We will ask for interim and provisional inspection grades again only for exceptional cases where we reserve the right to consider it necessary to take action in advance of publication. This might be, for example, occasions where it is appropriate for us to take interim actions to protect the health, safety and wellbeing of students. 10