safeguarding record management webinar - february 2015
TRANSCRIPT
“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 subject’s 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 student’s previous school
• must be kept separate from the child’s
general school records but mark the
general record (e.g. coloured sticker)
to indicate that there is a child
protection file
• 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 child’s
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 recipient’s 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 child’s 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
pupil’s “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 person’s 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
Where should it be retained?
• a copy kept on an employee’s
confidential personnel file
• a copy provided to the person
concerned
How long should it be retained?
• at least until the person has reached
normal retirement age or for a period
of 10 years from the date of the
allegation if that is longer
False, unsubstantiated or malicious
allegations
• allegations that are found to have
been malicious should be removed
from personnel records
• false, unsubstantiated or malicious
allegations should not be referred to in
employer references
