safeguarding record management webinar - february 2015

Download Safeguarding record management webinar - February 2015

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  • Research and Serious Case Reviews have repeatedly shown the dangers of failing

    to take effective action. Poor practice

    includes:

  • 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

  • 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

  • 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

  • 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

  • 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

  • police ask you to provide information about a pupil or member of staff as

    part of an investigation they are

    undertaking

  • Pupils

    child welfare concerns

    Employees

    Single Central Record DBS checks concerns about possible risk posed by

    employees or school volunteers

  • Data must be

    1. fairly and lawfully processed

    2. processed for limited specified

    purposes

    3. adequate, relevant and not excessive

    for those purposes

  • 4. accurate and up to date

    5. kept for no longer than necessary

    6. processed in accordance with the

    data subjects rights under the DPA

  • 7. kept secure

    8. not transferred to non-EEA (European

    Economic Areas) without adequate

    protection

  • 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

  • in writing a standard form can be helpful a typed record is preferable but retain

    any contemporaneous handwritten

    notes

  • 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

  • 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 students previous school

  • must be kept separate from the childs general school records but mark the

    general record (e.g. coloured sticker)

    to indicate that there is a child

    protection file

  • 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

  • access to the information on file should be on a need-to-know basis amongst staff

  • 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 childs general school file

  • 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

  • only collect information that you need for a specific purpose

    store it securely only retain as much information as you

    need

  • ensure stored information is relevant and up to date

    only retain information for as long as you need it

  • follow the DPA guidelines to ensure information is shared appropriately -

    necessary, proportionate, relevant,

    accurate, timely and secure

  • 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

  • consider the safely and wellbeing of others

    share personal information securely

  • 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 recipients name, job title, organisation and telephone

    number

  • seek advice if you are unsure

  • 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

  • generally, anyone who is a parent has the right to participate in decisions relating to

    their childs education and receive information about their child from the

    school

  • mother automatically from birth father if married to mother when child

    born or since married her

  • 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

  • PR can also be acquired by others via residence order appointment as guardian adoption emergency protection order naming in a care order (local

    authority)

  • regulation 5 of Education (Pupil Information) (England) Regulations

    2005

    applies to maintained schools and independent special schools only (not

    academies)

  • school must make available for inspection or provide a copy of a

    pupils educational record if requested to do so in writing by a

    parent

    must be supplied within 15 school days of request

  • 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

  • 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

  • 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

  • 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

  • releasing the information would be likely to prejudice an ongoing criminal

    investigation

    confidential communications between client and professional legal adviser

  • 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

  • where other agencies are involved, advise them that a request has been

    made and agree the wording of a

    response

  • 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

  • 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

  • for independent schools, academies and free schools, all members of the

    proprietor body

  • 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

  • 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 persons right to work in the UK

  • 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

  • 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

  • behaved towards a child or children in a way that indicates they may pose a

    risk of harm to children

  • 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

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