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Introduction
The actions we take as professionals and as a society, to promote the welfare of children and protect them from harm, are referred to as 'safeguarding'.
Safeguarding can be defined as:
- Protecting children from maltreatment
- Preventing impairment of children's health or development
- Ensuring that children are growing up in circumstances consistent with the provision of safe and effective care
- Taking action to enable all children to have the best outcomes.
('Working Together to Safeguard Children', DfE 2018)
Child Protection is part of safeguarding and promoting welfare. It refers to activity that is undertaken to protect specific children who are suffering, or are likely to suffer, significant harm.
This policy has been developed in line with the following legislation and guidance:
- The Children Act 1989 (opens in new window)
- The Education Act 2002 (opens in new window)
- The Sexual Offences Act 2003 (opens in new window)
- The FGM Act 2003 (opens in new window)
- The Children Act (2004) (opens in new window)
- The Childcare Act (2006) (opens in new window)
- Safeguarding Vulnerable Groups Act (2006) (opens in new window)
- The Childcare (Disqualification) Regulations (20090 (opens in new window)
- Children and Social Work Act (2017) (opens in new window)
- Inspecting registered early years providers (Ofsted 2018) (opens in new window)
- Early Years Foundation Stage (2017) (EYFS) (opens in new window)
- Inspecting safeguarding in early years education and skills setting (Ofsted 2019) (opens in new window)
- Domestic Abuse Act 2021
Roles and responsibilities
Safeguarding is everyone's responsibility and therefore all adults working in the setting will:
- Take all necessary steps to keep children safe and well
- Promote good health
- Manage behaviour
- Be alert to any issues for concern in the child's life at home or elsewhere
- Meet the requirements of the Statutory Framework for the Early Years Foundation Stage (EYFS 2017)
- Follow the policies and procedures of the setting and notify the relevant person or agency without delay if concerns arise
- Keep appropriate records
In addition, the registered provider ensures that they:
- Have regard to the government's statutory guidance ‘Working Together to Safeguard Children 2018’ and to the ‘Prevent duty guidance for England and Wales 2015’
- Implement the requirements of the Early Years Foundation Stage (2017)
- Create a culture of vigilance where children’s welfare is promoted and where appropriate and timely action is taken when necessary to safeguard children
- Make specific arrangements for children’s safety and wellbeing, including
o the requirements for first aid, policies and procedures for responding to children who are ill or infectious and those for administering medicines.
o keeping a written record of accidents or injuries and first aid treatment and informing parents and/or carers of any accident or injury sustained by the child.
o ensuring the premises are fit for purpose, compliance with health and safety legislation and appropriate risk assessment
o having an evacuation procedure and suitable fire detection and control equipment
o ensuring staffing arrangement meet the needs of all children and ensure their safety and implementing a robust key person system
- Notify local child protection agencies and Ofsted of any serious accident, illness or injury to, or death of, any child while in their care, and of the action taken.
- Only release children into the care of individuals who have been notified to the provider by the parent and ensure that children do not leave the premises unsupervised.
- Take all reasonable steps to prevent unauthorised persons entering the premises
- Record the required information about each child, name, date of birth, who has parental responsibility etc. and the required information about the registered provider and adults in regular contact with children
- Have a complaints procedure and records.
- Keep attendance records
- Notify Ofsted of any changes e.g. a new manager, the address of the premises, the name or address of the provider, any proposal to change the hours during which childcare is provided, etc
The DSL ensures that they:
- Take lead responsibility for safeguarding children in their setting
- Liaise with local statutory children's services agencies
- Provide support, advice and guidance to other staff, on any specific safeguarding issues as required.
- Share child protection information with the DSL of any receiving setting or school when children leave the setting.
The role is explicit in the DSL’s job description and they are given sufficient time, resources and funding to fulfil their role. They attend a training course which enables them to identify, understand and respond appropriately to signs of possible abuse and neglect and renew this annually.
The provider nominates a deputy DSL in order to ensure availability at all times during the hours of operation, but the DSL retains overall responsibility.
Use of technology
We use the electronic assessment system EYLog, and online communication and file storage system Basecamp. Staff complete records while on site using the devices provided by the setting. The setting also provides a mobile phone for use on site and for outings. Staff are not permitted to use their own devices in the setting except in the office where there are no children present. This includes all devices with cameras.
Safeguarding as part of the curriculum
We support children’s personal, social and emotional development, and as part of this we ensure children learn about consent, independence, self-care and confidence, we model personal boundaries, and support learning about acceptable behaviour towards others and themselves. By treating children with respect, we enable them to learn how to respect others. We also recognise that it is not the job of young children to safeguard themselves from harm, and that communicating anything other than this may contribute to psychological distress in the event of abuse occuring.
Recognising abuse and neglect
We recognise that there are many factors which contribute to a child’s well-being, and their development, including the parenting capacity of carers and the family home environment, and we are in a unique position to observe any changes in a child’s behaviour or appearance which might suggest that they are in need of support or at risk of harm.
We understand that abuse and neglect are forms of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm which in itself harms a child. Children may be abused in a family or in an institutional or community setting, by those known to them or more rarely by a stranger, for example via the internet. They may be abused by an adult or adults, or another child or children. When the abuser is a child it is important to remember that they may also be at risk and these concerns should be raised with the appropriate agencies too.
Physical abuse
Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces illness in a child.
Emotional abuse
Emotional abuse is the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child's emotional development. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.
Sexual abuse
Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities 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 of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.
Neglect
Neglect is the persistent failure to meet a child's basic physical and/or psychological needs, likely to result in the serious impairment of the child's health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:
- Provide adequate food, clothing and shelter (including exclusion from home or abandonment)
- Protect a child from physical and emotional harm or danger
- Ensure adequate supervision (including the use of inadequate caregivers), or
- Ensure access to appropriate medical care or treatment.
Neglect may also include unresponsiveness to a child's basic emotional needs.
We are alert to possible signs of possible abuse and neglect, for example:
- Bruising on parts of the body which do not usually get bruised accidentally, e.g. around the eyes, behind the ears, back of the legs, stomach, chest, cheek and mouth (especially in a young baby), etc
- Any bruising or injury to a very young, immobile baby
- Burns, scald or bite marks
- Any injuries or swellings, which do not have a plausible explanation
- Bruising or soreness to the genital area
- Faltering growth, weight loss and slow development
- Unusual lethargy
- Any sudden uncharacteristic change in behaviour, e.g. child becomes either very aggressive or withdrawn
- A child whose play and language indicates a sexual knowledge beyond his/her years
- A child who flinches away from sudden movement
- A child who gives over rehearsed answers to explain how his/her injuries were caused
- An accumulation of a number of minor injuries and/or concerns
- A child whose attendance is erratic, or suddenly ceases, without any contact from the family
- A parent’s behaviour or presentation, e.g. evidence of possible alcohol or drug misuse, mental health difficulties, or domestic violence
- Arrangements for the collection of the child give rise to concern
- Hunger/thirst at the start of the day
- Lack of attention to child’s basic hygiene needs
- A child who discloses something which may indicate he/she is being abused
We are also aware of specific risks and forms of abuse and we ensure that our training includes these, for example:
Children and the court system
Children are sometimes required to give evidence in criminal courts, either for crimes committed against them or for crimes they have witnessed.
Children missing from education
Children below statutory school age are not required to attend a setting regularly if at all, but once registered most do attend regularly and most parents will let the setting know if they are not going to be present. Therefore, we give consideration to children not attending and seek to assure ourselves that the child’s absence is not a cause for concern.
Children with family members in prison
These children are at risk of poor outcomes including poverty, stigma, isolation and poor mental health.
Child Exploitation
Child exploitation occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18. This may child sexual exploitation, which does not always involve physical contact, it can also occur through the use of technology and can still be abuse even if the sexual activity appears consensual. It could also be child criminal exploitation, e.g. ‘county lines’, which is a geographically widespread form of harm involving drug networks or gangs, who groom and exploit children and young people to carry drugs and money from urban areas to suburban and rural areas, market and seaside towns. Exploitation may also involve modern slavery and trafficking, which is not always from country to country, sometimes children are trafficked within the local area.
Domestic abuse
Any incident or pattern of incidents of controlling, coercive, threatening behaviour, violence or abuse, between those aged 16 or over who are or have been intimate partners or family members, regardless of gender or sexuality. Exposure to domestic abuse can have a serious, long-lasting effect on children and young people.
Homelessness
Being homeless or being at risk of becoming homeless presents a real risk to a child’s welfare. Indicators that a family may be at risk of homelessness include household debt, rent arrears, domestic abuse and anti-social behaviour
So-called ‘honour-based’ violence
Encompasses incidents or crimes which have been committed to protect or defend the honour of the family and/or the community, including female genital mutilation (FGM), forced marriage, and practices such as breast ironing. All forms of HBV are abuse (regardless of the motivation) and will be handled and escalated as such.
Online safety
Children are often more adept at using technology than the adults around them, but do not necessarily understand the risks posed by those who they ‘meet’ online. In many cases too parents are not fully aware of the risks and we therefore endeavour to inform and empower parents and carers.
Peer on peer abuse
Children can abuse other children. This is generally referred to as peer on peer abuse and can take many forms. This can include (but is not limited to) bullying (including cyberbullying); sexual violence and sexual harassment; physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm; sexting and initiating/hazing type violence and rituals. In such circumstances we would consider the potential needs of the perpetrator as well as the victim.
Poor mental health
Poor parental mental health can be a significant risk factor for children, and we would consider this in our assessment of children’s needs. We also acknowledge that children’s own mental health is an important factor in their health and development in both the short and long term, and we therefore work to promote good mental health and consider signs and indicators of poor mental health in children, as part of our safeguarding responsibilities.
Preventing radicalisation
Children are vulnerable to extremist ideology and radicalisation. Similar to protecting children from other forms of harms and abuse, protecting children from this risk is a part of a setting’s safeguarding approach. As with other safeguarding risks, staff are alert to changes in children’s behaviour which could indicate that they may be in need of help or protection. All staff complete training on Prevent and British values.
Sexual violence and sexual harassment between children
Sexual violence and sexual harassment can occur between two children of any age and sex. It can also occur through a group of children sexually assaulting or sexually harassing a single child or group of children. It can occur online and offline (both physical and verbal) and are never acceptable.
Special education needs and disabilities
Children with SEND are far more likely to be abused or neglected, possibly because of the challenges faced by parents and carers, or because they are particularly vulnerable if they have delayed cognitive and language development, and possibly because signs and symptoms of abuse and neglect can sometimes be attributed to their condition. We acknowledge and understand that unwanted behaviour in particular can be an indicator of trauma as a result of abuse and neglect and would therefore consider all needs holistically in order to determine the right kind of support for the child and family.
Procedures for responding to concerns
Any adult working in the setting who is concerned about a child or who identifies that a child or family may need extra help and support, will discuss this with the DSL. They may also want to have a discussion with their SENCo and/or a colleague from another agency to get a better understanding of the child and their family, and this will be with the family’s consent.
We also recognise the importance of context, i.e. the family and wider environment in which the child lives.
Emerging concerns
We may find that general concern begins to build up around a child’s behaviour, demeanour or presentation. Concerns may include what is seen or heard and may include the way family members relate to the child and/or the setting. Such concerns may not seem to be very significant on their own, but together may indicate a need for family support that should not be ignored. Therefore, concerns are always recorded factually and accurately along with any decisions or action taken in order to support the decision-making process.
Responding to disclosure
A disclosure occurs when a child or young person indicates directly, or through play or drawings for example, that he or she has been or is being abused in some way. Occasionally a disclosure may be very clear and contain specific details about whom, or what was involved, or where and when apparent abuse took place. More commonly disclosure emerges as part of routine activity or conversation.
If a child makes a disclosure we will:
- Contain our reaction as far as possible – try not to express shock or disbelief
- Listen to the child, accept what they say and communicate to them that we accept it.
- Not make any promises to the child about not passing on the information – the child needs to know that someone who will be able to help them will be spoken to
- Record the information as accurately and quickly as possible, including the timing, setting and those present, as well as what was said.
- Discuss with the DSL to determine the most appropriate course of action.
- Not interrogate the child. We may ask for clarification but will not ask leading questions. We will use ‘TED’ questions, i.e. 'Tell me what happened', 'please explain what you mean when you say ….' and 'can you describe the person?' or 'can you describe the place?'
Sharing concerns with parents and carers
Concerns will generally be shared with the child's parents/carers. This can eliminate misunderstandings and can help us better understand the needs of the child and the family situation. It also ensures that our relationship with parents is built on trust and openness. Parents are fully involved in decision making and we seek consent to share information.
However, in some circumstances we would not share information with parents or seek consent to share others, for example if:
- Sexual abuse is suspected
- It is considered that discussing the issue with parents may put the child at further risk of significant harm
- A criminal offence may have been committed
- Organised abuse is suspected
- Fabricated illness is suspected
- An explanation is given by parents/carers which is felt to be inconsistent or unacceptable
We use the WSCP Levels of need guidance to support our understanding of the child’s needs and our decision making. In some circumstances we may be able to offer additional support ourselves. Sometimes we might need to work with another agency or possibly more than one. If possible, we will avoid a formal process, but when a child’s situation becomes more complex or there appears to be increased risk, it may be necessary to draw up more formal plans with the family in order to coordinate the work.
Level 1 represents children with no identified additional needs. Their needs are met through universal services and possibly housing or voluntary services.
If further support is required practitioners talk to the DSL and to the parents to offer support as appropriate. We would (with the engagement of the family) carry out an Early Help Assessment and seek consent to involve other professionals as appropriate, and/or talk to a community social worker for advice and support.
Level 2 represents children with extra needs that can be met by providing additional support or straightforward working with one or more partners, such as Speech and Language Therapy.
Level 3 represents children with more complex or escalating needs. Possibly those professionals working to support the child and family at level 2 are not clear on the best way forward. The parents are advised that practitioners are seeking further advice (unless to share this information would put the child at risk).
Level 4 represents children who need statutory and/or specialist interventions including both children in need and those in need of protection. A child in need is one who is unlikely to have a reasonable standard of health and development without statutory or specialist service. A child in need of protection is one that is suffering, or is likely to suffer, significant harm.
If a child may be at risk of significant harm, the DSL makes a referral to the Family Front Door without delay. The DSL will do this by telephoning the Family Front Door and then completing a Referral to Children’s Social Care. If all lines to the FFD are busy, the DSL will complete a Referral to Children’s Social Care and indicate what time the child is likely to be collected from the setting.
- Contact the Family Front Door on 01905 822666 weekdays 9.00am to 5.00pm (until 4:30pm on a Friday). Out of office hours (5.00pm to 9.00am weekdays and all-day weekends and bank holidays) contact the Emergency Duty team on 01905 768020
However, if the child needs immediate protection, we contact the Police on 999, and if a child is brought to us with serious injuries, we telephone for an ambulance
Referral forms are saved in the child’s safeguarding file.
If we are not in agreement with the Family Front Door about the level of need and appropriate action, we will use the levels of need guidance to support a professional discussion with the decision maker, and if still unsatisfied we would use the WSCP Escalation policy. In the meantime, we would continue to observe the child and support them and their family. If necessary, we would make another referral.
Open cases
If there is new information about a child who already has an allocated social worker, we share this directly with them.
Supporting children
We recognise that children who are abused or witness violence may find it difficult to develop a sense of self-worth. They may feel helplessness, humiliation and some sense of blame. We acknowledge that settings may be the only stable, secure and predictable element in the lives of children who have been abused or who are at risk of harm, and we are aware that research shows that their behaviour may be challenging and defiant or they may be withdrawn.
The setting will endeavour to support all children by:
- Encouraging self-esteem and self-assertiveness, as well as promoting respectful relationships, challenging bullying and humiliating behaviour
- Promoting a positive, supportive and secure environment giving children a sense of being valued
- Consistently applying strategies to which are aimed at supporting vulnerable children, and supporting children in understanding that some behaviour is unacceptable but that they are valued and not to be blamed for any abuse which has occurred
- Liaising with other agencies that support the child such as Children’s Social Care and Early Help providers
- Notifying the Family Front Door immediately there is a significant concern and the child could be at risk of significant harm
- Providing continuing support to a child about whom there have been concerns if they leave the setting by ensuring that appropriate information is forwarded under confidential cover to their new setting. A copy of records (which may potentially be required as evidence in the future), will be retained until the child has reached the age of 25 years.
Positive physical intervention
Staff only ever use physical intervention as a last resort when managing unwanted behaviour, and it is the minimal force necessary to prevent injury or damage to property. All such incidents of physical intervention are recorded.
Physical intervention of a nature that causes injury or distress to a child may be considered under management of allegations or disciplinary procedures.
We recognise that touch is appropriate in the context of working with children and all adults in the setting have been given safer working practice guidance to ensure they are clear about their professional boundaries.
Record keeping
Documenting concerns
Our records are a factual account of what was seen and heard, containing the child’s own words where appropriate and completed as soon as possible, not later than the end of the working day. The child is identified by name and date of birth on each page and we do not use abbreviations. Blank spaces or alterations are scored through with a single line, and the original entry remains legible. They are written in permanent black ink, dated, timed, signed and stored securely.
Records describe the care and condition of the child and may include professional opinion which would be clearly indicated. They also include the comments and views of both the child and the parents/carers.
A new Basecamp is created to house an individual file chronology for that child, separate from the child’s personal Basecamp. It is used as a summary of incidents, concerns and actions to support monitoring.
We use a file chronology for each child in the setting to support early identification of needs. If concerns are raised the DSL is informed.
Safety and welfare concerns forms are used to record specific concerns. PART 1 is completed by the person identifying the concern. The completed record is submitted and the DSL is alerted immediately, for consideration and/or action. The DSL response is recorded on PART 2 of the safety and welfare concern form.
A safety and welfare concerns continuation form are used following the recording of a concern, to record additional information.
An individual child protection file is started for a child when:
- There are welfare and or safety concerns
- The child has been referred to the Family Front Door
- There is Children’s Services Social Care involvement with the child/family
- We are participating in multi-agency support
If concerns relate to more than one child from the same family attending the setting a separate file for each child is created and cross referenced to the records of other family members. Common records e.g. child protection conference notes are referenced in each file. Other files relating to the child, for example SEN information, are also cross referenced.
An individual child protection file is created in the child’s Basecamp.
An individual child protection file includes:
- Front sheet
- All safety and welfare concern forms relating to the child
- Any notes initially recorded
- Records of discussions, telephone calls and meetings (with colleagues, other agencies or services, parents and children/young people)
- Professional consultations
- Letters sent and received
- Referral forms
- Minutes/notes of meetings (copies for each child as appropriate)
- Formal plans linked to the child (e.g. Child Protection Plan)
Security, storage, and retention of records
Individual files are stored securely and separately from the child's other information so that they are shared only on a need to know basis. The DSL reviews such records regularly so that increasing concerns can be identified and action taken to ensure that needs are met.
Parents have the right to access information held about their child so records are shared with them if they make this request, however there are some exceptions, namely those described previously in the section on sharing information with parents, for example when sharing the information would place the child at risk of significant harm.
All safeguarding records are retained until the child reaches the age of 25 years.
Transfer of child protection records at transition
Records are transferred at each stage of a child’s education, when they move from one establishment to another, either at normal transfer stage such as moving from nursery to school, or as the result of a move such as a transfer to a different area. They are transferred within 5 days and are passed directly and securely to the safeguarding lead in the receiving establishment. They are transferred by hand if possible or signed for if posted.
In order to safeguard children effectively, when a child moves to a new educational establishment, the receiving establishment is immediately made aware of any current child protection concerns, by telephone prior to the transfer of records.
Children in more than one setting
Where children are dual registered (e.g. on roll at a mainstream school, but receiving education in another establishment, such as a short stay school or the MET or attending more than one early years setting), any existing child protection records are shared with the new establishment prior to the child starting, to enable the new establishment to risk assess appropriately.
We keep a copy of the transfer form along with a copy of the chronology of events and any records pertaining to the establishment (e.g. completed 'welfare concern' forms).
Children subject to a Child Protection (CP) plan
If a child is the subject of a child protection plan at the time of transfer we speak to the safeguarding lead of the receiving establishment giving details of the child's key social worker from Children's Social Care Services and ensuring the establishment is made aware of the requirements of the child protection plan.
Receiving establishment unknown
If a child, subject of a child protection plan leaves and the name of the child’s new education placement is unknown, the DSL will contact the child’s Social Worker to discuss how and when records should be transferred. Where the records are of prior child protection/welfare concerns, and there is not an open case or a social worker involved with the family, the DSL will inform the Family Front Door. Child protection files would be retained by us and transferred to the new setting, once known, or destroyed once the child has reached the age of 25.
Building a safer workforce
Recruiting
The provider checks the suitability and obtains an enhanced criminal record records disclosure for anyone working directly with children. We keep a record of the date and the serial number of the DBS certificate.
Applicants are asked to complete an application form and we obtain two employer’s references, including the most recent employer. If this is not possible, for example if the applicant is applying for their first position, we will obtain character references and complete a risk assessment.
Staff do not take up a post until all checks are completed satisfactorily.
At least one director and one manager of the setting have completed safer recruitment training and at least one of them is included on every interview panel.
We keep a record of ID checks, right to work in the UK, qualifications (certificates are checked), references obtained and DBS certificate details.
The same processes are used for volunteers and student DBS certificates obtained by their training provider are checked and the details recorded.
Induction, training and continued supervision
All new staff, students and volunteers are given a copy of all policies and procedures and receive induction training which includes:
- an understanding of the settings safeguarding policies and procedure
- behaviour management
- how and when mobile phones and technology can be used in the setting
- how to define and identify possible signs of harm, abuse and neglect
- what to do if concerns arise
- what to do if concerned about the behaviour or conduct of another adult
- who is the designated safeguarding lead in the setting
All staff complete safeguarding training at least every three years. The DSL, deputy DSL, managers and registered provider complete designated safeguarding training and attend regular safeguarding update/forum meetings at least annually.
Safeguarding is always discussed at staff meetings and all staff are provided with updates at least twice annually.
Supervision meetings take place for all staff at least every other month. The purpose of this is to foster a culture of mutual support and continuous improvement by providing support, coaching and training for staff, and encouraging confidential discussion of sensitive issues. The registered provider conducts supervision meetings with the managers.
Disqualification
Staff are required to disclose any convictions, cautions, court orders or reprimands and warnings which might affect their suitability to work with children, whether these occur prior to, or during, their employment at the setting. They are asked to confirm this at each supervision meeting.
Whistleblowing
If staff have concerns about a colleague, they report them to the managers, provider or DSL either at their supervision meeting or preferably as the issue occurs. If they feel unable to do so they can seek guidance using the public concern at work website (opens in new window).
All information relating to concerns would be handled in confidence, kept in a locked secure location and only made available to those who have a right or professional need to see them.
Allegations against someone working on the premises
A complaint is an allegation of abuse if it indicates that someone:
- Has/may have acted in a way that has harmed a child
- Acted in a way which has put a child at risk
- Possibly committed a criminal offence against or related to a child
- Behaved towards a child or children in a way that indicates he/she is unsuitable to work with children
If a complaint (from a parent, child, staff member, member of the public, etc) includes an allegation of abuse, whether made verbally or in writing, the incident would be noted in the record of complaints (with minimal detail to ensure confidentiality) and the registered provider informed. The registered provider will make a record of the allegation.
We will not investigate an allegation of abuse or discuss with the person involved and we will follow the advice of Children’s Social Care.
The registered provider will inform Ofsted of any allegations of serious harm or abuse whether the allegations relate to harm or abuse committed on the premises or elsewhere.
- Confirmation of the allegation in writing would be sought from the person making the allegation, but action would not be delayed whilst awaiting written confirmation
- The recipient of the allegation would immediately inform the registered provider.
- The registered person may delegate responsibility for action to the setting manager, but remains accountable for ensuring that the concern is shared immediately with the LADO on 01905 846221
- The manager would telephone the LADO and if this is not possible, the Family Front Door.
- If the allegation is against the DSL or a manager, it will be necessary to report the concern to the person's superior. If this is not possible staff should inform the LADO directly.
- If the allegation is against the registered person, the DSL should inform the LADO immediately and notify Ofsted (or any relevant childminder agency)
- A note would be made of any actions advised by the LADO or by Ofsted and of the date and time they are implemented
- The provider would conduct a risk assessment to determine whether the staff member should be suspended.
- Parents/carers would be informed unless to do so could put the child in further danger
If no further action is recommended, we may still proceed with disciplinary procedures. If there are concerns about the suitability of the member of staff to continue to work with children, we have a statutory duty to refer to the Disclosure and Barring Service (DBS)
In all cases where an allegation against a member of staff is made, we would review all policies and procedures and address identified training/supervision needs.
Records of allegations would be retained until the alleged perpetrator reaches normal retirement age, or for 10 years if that is longer.
The registered provider completes training on managing allegations.
- Details
- By hreeve
- Category: Policies
- Hits: 4526
Introduction
Nurture Outdoor Kindergarten believes that children do best when their personal, social and emotional needs are met. This happens when adults put the relationship with the child first, prioritise empathy, compassion and trust, view them as competent human beings, and value them for who they are. Through a mutually respectful environment, children learn to respect themselves, other people and their surroundings.
Policy Statement
Children do well when they can.
We believe that all children are doing the best that they can in any given moment. When they are in a state of flow and regulation, and their needs are met, they will need less support. When children become dysregulated and in need of coregulation from an adult, and have other unmet needs, they will express these needs behaviourally.
We will view all behaviour as a form of communication which needs to be listened to, acknowledged and responded to in a supportive manner – even if the behaviour is inappropriate or unacceptable, such as when a child is feeling angry or upset. We will 'go upstream' to consider what is underlying any challenging behaviour, and focus on meeting the unmet need(s), rather than simply stopping or changing the behaviour.
We are aware that children who are struggling to behave appropriately are having a difficult time, and need us to help them. We focus on co-regulation and creating an environment where children can effectively self regulate.
We will also keep in mind that children are learning, and that social and emotional struggles are a normal part of development, essential for learning, and to be welcomed.
During children’s early years they are learning about which behaviours are appropriate and which are not. This process takes time as the way that the brain develops means that very young children lack impulse control, and are natually egocentric. It is therefore developmentally appropriate for young children to struggle to inhibit inappropriate behaviours, meaning that empathy and sensitive, calm support from an adult is essential.
Part of the adult's role is to communicate and hold clear limits in order to ensure that everyone is safe, and to provide a secure emotional context. Within kindergarten we aim to set these limits calmly, clearly and consistently. In doing so, we aim to enable children to feel safe enough to express and work through their feelings authentically, so that they do not fear their emotions but instead trust in their own ability to work through their challenges. We encourage and model appropriate behaviours and respectfully offer intervention and support when children struggle with conflict and overwhelming emotions.
It is important to us that we support each child in developing self esteem, confidence and feelings of competence. We value each child’s perspective, and restrictions on the child's natural desire to explore and develop their own ideas and concepts are kept to an absolute minimum.
Procedure and Practice
We recognise that the way that we view and interact with children has a significant impact on how the child will feel and respond. We focus on empathy, on reframing to see things from the child's perspective, and being calm, confident leaders.
We are aware that children manage their emotions by coregulating with an adult, and can only do this when the adult is in a state of emotional regulation. We, as adults, have a responsibility to remain in control of our emotions when children are having a hard time. We should not expect children to behave better than we are, or to regulate us.
We recognise that children are people, first and foremost, and should be treated with the same respect that we would show other adults. We prioritise the relationship, ensuring children feel valued and respected, as this is the lens through which all other experiences are seen.
We recognise that each child will have their own individual needs and appropriate support will look different both for different children, and for the same child across different situations or contexts.
We support children in regulating their emotional state by listening and observing, connecting with them, acknowledging their perspective, modelling appropriate ways of managing emotional challenges, and managing our own emotions.
We encourage consideration for each other, our surroundings and property.
We communicate clearly that physical aggression, and actions and words which are not respectful or kind, are not appropriate behaviour, and prevent these behaviours where possible. We do so without shaming or punishing, as this prevents children from hearing what we're trying to say.
We refrain from overtalking when a child is in a state of dysregulation, and remember that they cannot learn anything from us when in these mental states. We may consider talking to older children about what happened when they are calm.
We do not ask young children why they did something, as they do not know.
We provide a Key Person system enabling staff to build a strong and positive relationship with children and their families
We work in partnership with parents and carers by keeping them regularly informed about their child’s expriences and behaviour. We work with parents to address unmet needs and recurring behavioural struggles.
We recognise that codes for interacting with other people vary between cultures and staff are required to be aware of, and respect, those used by members of the setting.
We encourage all staff working with the children to accept their responsibility for implementing the goals in the policy and to do this consistently.
We familiarise all new staff with the settings behaviour policy and its guidelines for behaviour.
Helen Reeve is the named person who has overall responsibility for issues concerning behaviour.
Research
The named person will keep up to date with legislation and research and thinking on supporting children’s behaviour; access relevant sources of expertise on handling children's behaviour; attend regular external training events, and check that all staff have relevant in-service training on supporting children’s behaviour and promoting positive behaviour.
The Kindergarten has a Supporting Behavioural Expression Handbook available upon request. All policies and procedures are made available in an accessible electronic format to all families on roll at Nurture Outdoor Kindergarten.
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Introduction
Nurture Outdoor Kindergarten is committed to providing a safe, stimulating environment ensuring a consistent and accessible service that meets the needs of children and families.
Policy Statement
We believe that children and parents are entitled to expect courtesy and prompt, careful attention to their needs and wishes. We welcome suggestions on how to improve our kindergarten and will give prompt and serious attention to any concerns about the running of the setting. We anticipate that most concerns will be resolved quickly, by an informal approach (with the appropriate member of staff). If this does not achieve the desired result, we have a set of procedures for dealing with concerns. We aim to bring all concerns about the running of our kindergarten to a satisfactory conclusion for all of the parties involved.
Procedure and Practice
Nurture Outdoor Kindergarten keeps an electronic record of any complaints that reach stage two and above, and their outcome. This is available to parents, as well as to Ofsted inspectors on request.
Procedures
Making a Complaint
Stage 1
- Any parent who has a concern about an aspect of our kindergarten's provision talks over his/her concerns with a manager or director first of all.
- Most complaints should be resolved amicably and informally at this stage.
- We record the issue, and how it was resolved, in the child’s file.
Stage 2
- If this does not have a satisfactory outcome, or if the problem recurs, the parent moves to this stage of the procedure by putting the concerns or complaint in writing.
- Our kindergarten stores all information relating to written complaints from parents in the child's personal file. However, if the complaint involves a detailed investigation, our directors may wish to store all information relating to the investigation in a separate file designated for this complaint.
- When the investigation into the complaint is completed, a manager or director meets with the parent to discuss the outcome.
- We inform parents of the outcome of the investigation within 28 days of him/her making the complaint.
- When the complaint is resolved at this stage, we log the summative points in our Complaint Investigation Record, which is made available to Ofsted on request.
Stage 3
- If the parent is not satisfied with the outcome of the investigation, he or she requests a meeting with a manager and the director. The parent may have a friend or partner present if they prefer.
- An agreed written record of the discussion is made, as well as any decision or action to take as a result. All of the parties present at the meeting sign the record and receive a copy of it.
- This signed record signifies that the procedure has concluded. When the complaint is resolved at this stage, we log the summative points in our Complaint Investigation Record.
Stage 4
- If at the stage three meeting the parent cannot reach agreement with us, we invite an external mediator to help to settle the complaint. This person should be acceptable to both parties, listen to both sides and offer advice. A mediator has no legal powers, but can help us to define the problem, review the action so far and suggest further ways in which it might be resolved.
- The mediator keeps all discussions confidential. S/he can hold separate meetings with our staff and the parent, if this is decided to be helpful. The mediator keeps an agreed written record of any meetings that are held and of any advice s/he gives.
Stage 5
- When the mediator has concluded her/his investigations, a final meeting between the parent and our managers and directors is held. The purpose of this meeting is to reach a decision on the action to be taken to deal with the complaint. The mediator's advice is used to reach this conclusion. The mediator is present at the meeting if all parties think this will help a decision to be reached.
- A record of this meeting, including the decision on the action to be taken, is made. Everyone present at the meeting signs the record and receives a copy of it. This signed record signifies that the procedure has concluded.
The role of the Office for Standards in Education, Children’s Services and Skills (Ofsted) and the Local Safeguarding Children Board
- Parents may approach Ofsted directly at any stage of this complaints procedure. In addition, where there seems to be a possible breach of the setting's registration requirements, it is essential to involve Ofsted as the registering and inspection body with a duty to ensure the Safeguarding and Welfare Requirements of the Early Years Foundation Stage are adhered to.
- Parents can complain to Ofsted by telephone on in writing at:
- Ofsted National Business Unit, Piccadilly Gate, Store Street, Manchester M1 2WD
- Tel: 0300 123 1231
- If a child appears to be at risk, we follow the procedures of the Local Safeguarding Children Board.
- In these cases, both the parent and our kindergarten are informed and our manager work with Ofsted or the Local Safeguarding Children Board to ensure a proper investigation of the complaint, followed by appropriate action.
Records
- A record of complaints in relation to our kindergarten, or the children or the adults working in our kindergarten, is kept for at least three years; including the date, the circumstances of the complaint and how the complaint was managed.
- The outcome of all complaints is recorded in our Complaint Investigation Record, which is available for parents and Ofsted inspectors to view on request.
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1. Overview
1.1 This Privacy Notice applies to Personal Data we process when you visit or use our website. Further Privacy Policy statements and documents may apply Offline and these are available, if relevant, on request.
1.2 This site is owned by Nature Nurtures Early Years CIC whose office is at Nurture Outdoor Kindergarten, Top Barn Farm, Worcester Road, Holt Heath, WR6 6NH.
1.3 Our Company registration number is 09163314. We are the ‘data controller’ of the personal information you provide to us.
1.4 We are registered as a Data controller with the Information Commissioners Office our registration number is: ZA087071
1.5 We have appointed a Data Contact for the business who is Mrs Kate Lavender.
1.6 You can contact our Data Contact at our postal address given above or via email at
1.7 As a Data Controller, we will take all the necessary steps to comply with the GDPR and Data Protection Act 2018 and relevant legislation when handling any personal data which you may provide to us.
We are responsible for ensuring that data is processed:
1.7.1 Fairly and lawfully processed
1.7.2 Processed for limited purposes
1.7.3 Adequate, relevant and not excessive
1.7.4 Accurate and Secure;
1.7.5 Not kept longer than necessary
1.7.6 Processed in accordance with your rights
1.7.7 Not transferred to countries outside the UK without safeguards.
1.7.8 Processed in a manner that ensures appropriate security of the personal data.
1.8 We are committed to protecting and respecting your data privacy when visiting our website and providing us with your personal information. This privacy policy statement summarises what personal details we may collect from you before, during or after you use our site and what we will do with them.
1.9 Please Note: This Online Privacy information is a precis of our detailed written policies which are held at our business premises. Please contact our Data Contact if you require further information regarding our data protection compliance procedures.
2. Our Privacy Notice and Data Protection policies:
2.1 We are committed to protecting your personal data privacy and, in accordance with relevant data protection laws, we uphold strict security procedures for the collection, storage, use and disclosure of your personal information.
2.2 We have described below the personal information we may gather about you, the purposes we will hold it for and the limited categories of people to whom we may disclose it.
3. What information do we collect and how may we use it?
3.1 During your visit to our site, we will only collect personal information that you choose to provide. If, for example, you contact us with an enquiry or request us to provide you with further information.
3.2 If you share other people’s data with us, for example if you refer business to us on behalf of another, you will need to check you have lawful authority to do so. E.G. The other party has consented to you providing us with their information. In such a case you are responsible for ensuring the transmission to us of the information is lawful and we may ask you for documentary evidence of this.
4. We may use the information you provide us with in the following ways:
4.1 To administer any account you have with us.
4.2 To perform our contractual obligations to you.
4.3 To respond to your queries and requests.
4.4 To communicate with you.
4.5 To ensure that the content of our site is presented in the most effective manner.
4.6 To provide you with any information, products and/or services requested from us.
4.7 To provide you with helpful information about our products or services.
4.8 To make improvements to the service we provide you.
4.9 We also reserve the right to disclose your personal information where we are required to do so by law, such as to assist in any disputes, claims or investigations relating to your account or contracts with us and to detect and prevent fraudulent transactions.
4.10 E-mail correspondence with us via our website and email addresses accessible through or obtained from this site may be recorded and/or monitored.
5. How do we store and protect your data?
5.1 We have robust information security management systems in place to protect your personal data. We take the security of your information seriously and have implemented appropriate technical and organisational security measures to protect it against any unauthorised or unlawful processing and against any accidental loss, destruction, or damage.
5.2 Data we receive and process is held by us in secure electronic devices and separate back up devices and servers.
5.3 Personal Data may also be held in encrypted 3rd party ‘Cloud’ Servers.
5.4 Further encrypted back ups of data may be held securely in offsite locations which are also subject to physical security at their location.
5.5 We will not sell, rent or otherwise disclose the personal information you provide to us through the site to third parties (other than as listed below) unless we are required to do so by law.
5.6 The Main Establishment for all of our Data Processing is the UK. We do not generally operate or transfer Personal Data outside of the United Kingdom.
5.7 Due to the operation of the Internet and other computer based applications Personal Data under our control may transit countries outside of the UK.
5.8 We will only transfer data outside the UK if adequate safeguards are in place in the destination country.
6. Third parties who provide services on our behalf
6.1 We may share your personal information with certain third parties who provide services on our behalf.
6.2 Such 3rd Parties only have access to the personal information they need to perform those services.
6.3 Such 3rd parties are bound by contractual arrangements with Ourselves in accordance with Data Protection legislation and are required to keep your personal information secure and confidential. They may only use it as permitted by us in accordance with our Privacy Policies.
6.4 If you have contracted with us we will share data only to the extent necessary for the performance of the contract, otherwise we will obtain specific additional consent from you before sharing your data.
6.5 The third parties who provide services on our behalf fall into the following categories:
6.5.1 Our partners providing logistics and external service support.
6.5.2 Our business partners or advisors for the purposes of completing a contract with you.
6.5.3 Marketing agencies appointed to provide services to us.
6.5.4 The service providers operating this site on our behalf.
6.5.5 Accountants, auditors, law firms, payment processors, information technology support providers.
6.5.6 Advertising services, analytics services, Computer Application and Software providers.
7. How long do we store your data?
7.1 We will not keep your data for longer than is necessary for the relevant purposes set out in this Privacy Notice or our Company Compliance Policies.
7.2 Where you have purchased a product or service from us, we will hold your relevant personal details to enable us to administer the contract and provide such after-sales services as may be required.
7.3 We also store personal data in line with Regulatory and legal requirements in accordance with the law.
8. Your Rights
8.1 Under the UK General Data Protection Regulation (UK GDPR) and The Data Protection Act 2018 (DPA) you have a number of rights with regard to your personal data. To exercise any of your rights contact our Data Contact using the details given above.
8.2 You have the right to request from us access to and rectification or erasure of your personal data; the right to restrict processing; the right to object to processing as well as in certain circumstances the right to data portability as below.
8.3 In the event that you provide your data directly to us for the purpose of a contract, or in circumstances where you have provided your data by consent, you have the right to be provided with your data in a structured, machine-readable format. This is known as Data Portability.
8.4 Following a request relating to Data Portability we will transmit the relevant personal data to the data subject or their nominated data controller where it is possible and technically feasible for us to do so.
8.5 Where you have provided your data voluntarily by Consent you have the right to withdraw your Consent at any time. However, withdrawal of Consent does not affect the lawfulness of any processing of your data based on your Consent prior to its withdrawal.
8.6 You have the right to complain to the Data Regulator at the Information Commissioners Office on 0303 123 1113 or through their website www.ico.org.uk
8.7 Where we need to process data for the purposes of entering into a Contract with you, if you fail to provide such data it may mean that we cannot establish legal relations between us and the contract may not be able to go ahead. We will inform you if this happens.
8.8 Automated decision making and profiling means making decisions without human intervention, usually with the use of a computer program or software. We do not use automated decision making software.
8.9 Please note we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If we need to use your data for a reason it was not collected and you are not aware of this, we will inform you and in appropriate cases obtain your further consent to such use.
8.10 If we process data about you but we have not obtained the data personally from you, we must provide you with the information described in this Privacy Notice and some additional information.
8.11 The additional information will be provided to you at least by the time we contact you and in any event within the space of one month after we obtain it.
8.12 If the processing is based on Legitimate Interests, you are entitled to know what and whose Legitimate Interests they are.
8.13 You are entitled to know the purpose of the processing, whether we or someone else is processing it and the categories of Personal Data involved.
8.14 You are entitled to know the source of the information and whether the source is publicly accessible.
8.15 There are some exceptions to this additional information rule. If we obtain your Personal Data from a source other than yourself, the additional information rules will apply unless:-
8.15.1 You already have the information regarding our processing; or
8.15.2 it would take a disproportionate effort or be impossible to provide you with it; or
8.15.3 you are already legally protected under separate provisions; or
8.15.4 we have a legal duty not to disclose it.
8.16 We do not use the lawful basis of Legitimate Interests for processing data.
9. Lawful bases for data processing
9.1 We hold and process your data by lawfully allowed means, these include:
9.1.1 Your Consent: Consent is usually given by yourself when you contact us via this Website or personally when we discuss products or advice with you.
9.1.2 Contractual obligations: This occurs when you purchase products or services from us.
9.1.3 Legal Obligation: When the processing is necessary for us to comply with the Law.
9.1.4 Vital Interests: When the processing is necessary to protect someone's life.
9.1.5 Public Task: When the processing is necessary for us to perform a task in the public interest or for an official function and the task or function has a clear basis in Law.
9.1.6 Legitimate Interests: When the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
N.B. Legitimate Interests can only be used following the application of the prescribed three part Legitimate Interests Assessment Test and then only when a positive outcome is indicated by the conclusions of the test. All Legitimate Interests Assessment Tests will be documented, recorded and retained.
10. Children’s data
10.1 Our site is not directed at children and should not be accessed by them. We will not knowingly collect information from persons under 13 years of age without their parent's or guardian's consent.
11.Third Party Websites
11.1 From time to time our site may contain links to and from the websites of our suppliers or other third party sites.
11.2 If you visit any of these sites you should confirm they have their own privacy policies and you should check these before submitting any personal data on their site. We cannot accept any responsibility or liability for the policies on any other Websites.
12. Data Access
12.1 You have rights of access to the data we hold about you. Should you wish to exercise these rights please contact our Data Contact whose details are given above.
12.2 There is usually no charge for the Data Access service. As soon as we are satisfied as to your identity, we will send you, without delay and in any case within one Month, the Personal Data we hold relating to you, which we are legally obliged to provide.
12.3 In the event we need more time to gather the requested information we will let you know without delay and in any event within one month.
12.4 A fee may be payable for Data Access services if the request(s) are manifestly unfounded or excessive or repetitive in nature. Alternatively, we may choose to ignore this type of request. In these cases we will inform you of our decision and if applicable any fee that may be required.
12.5 Please contact us if you believe that any personal data or information which we hold about you is incorrect or incomplete. Any information or data which is found to be incorrect will be corrected as soon as practicable.
12.6 Please contact us if you wish to have your personal data removed entirely from our systems. As soon as we are satisfied as to your identity and the data is not required to be kept for any other lawful reason or purpose it will be removed from our systems forthwith.
12.7 If you so wish, your Data will be provided to you electronically in a commonly used format such as email.
12.8 If you are unhappy with any of the responses given to you by us you may complain about us to the regulator at the Information Commissioners Office on 0303 123 1113 or through their website www.ico.org.uk.
13. Business Transfer or Sale
13.1 In the event our business, or part of it, is taken over, bought or merged with another business we may need to disclose any personal data we are holding about you to the other Company so they can continue to provide services to you in accordance with this Privacy Policy.
13.2 It may be necessary to transfer your data to a Company that is negotiating with us for the purchase of our business but only where it is necessary to evaluate the business purchase transaction.
13.3 In the case of a pre-sale transfer of personal data, the data would be kept safe during the negotiations and destroyed by the third party if the sale or merger did not go ahead.
14. Changes to this policy.
14.1 There may be developments in how we use your data according to changes in the Law.
14.2 We reserve the right to make changes to this Data Protection and Privacy Policy at any time without notice and it is your responsibility to revisit this page from time to time to re-read this policy including any and each time you visit our website.
14.3 Any revised terms shall take effect as at the date of posting.
14.4 If you don’t find your concern addressed here, feel free to contact us by e-mailing our Data Contact at the contact details given above.