safeguarding record management webinar - february 2015

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