Child Protection & Safeguarding Policy

7.7 Concerns about a tutor

If you have concerns about a tutor at Love To Learn, or an allegation is made about a tutor speak to the DSL or Deputy DSL as soon as possible. The DSL / Deputy DSL will then follow the procedures set out in appendix 3, if appropriate.

Where you believe there is a conflict of interest in reporting a concern or allegation about the DSL or the Deputy DSL report it directly to the local authority designated officer (LADO). 

Dorset - Martha Sharp or Lynne Bowman

LADO@bcpcouncil.gov.uk or 01202 817600

LADO@dorsetcouncil.gov.uk or 01305 221122

7.8 Allegations of abuse made against other pupils

We recognise that children are capable of abusing their peers. Abuse will never be tolerated or passed off as “banter”, “just having a laugh” or “part of growing up”, as this can lead to a culture of unacceptable behaviours and an unsafe environment for pupils.

We also recognise the gendered nature of child-on-child abuse. However, all child-on-child abuse is unacceptable and will be taken seriously. 

Most cases of pupils hurting other pupils will be dealt with under our terms and conditions but this child protection and safeguarding policy will apply to any allegations that raise safeguarding concerns. This might include where the alleged behaviour:

• Is serious, and potentially a criminal offence

• Could put pupils attending Love To Learn sessions at risk

• Is violent

• Involves pupils being forced to use drugs or alcohol

• Involves sexual exploitation, sexual abuse or sexual harassment, such as indecent exposure, sexual assault, upskirting or sexually inappropriate pictures or videos (including the sharing of nudes and semi-nudes)

See appendix 4 for more information about child-on-child abuse.

Procedures for dealing with allegations of child-on-child abuse

If a pupil makes an allegation of abuse against another pupil:

• You must record the allegation and tell the DSL, but do not investigate it

• The DSL will contact the local authority children’s social care team and follow its advice, as well as the police if the allegation involves a potential criminal offence

Creating a supportive environment in tutoring sessions and minimising the risk of child-on-child abuse

We recognise the importance of taking proactive action to minimise the risk of child-on-child abuse, and of creating a supportive environment where victims feel confident in reporting incidents. 

To achieve this, we will:

• Challenge any form of derogatory or sexualised language or inappropriate behaviour between peers, including requesting or sending sexual images 

• Be vigilant to issues that particularly affect different genders – for example, sexualised or aggressive touching or grabbing towards female pupils, and initiation or hazing type violence with respect to boys

• Ensure pupils are able to easily and confidently report abuse using our reporting systems (as described in section 7.10 below)

• Ensure staff reassure victims that they are being taken seriously 

7.9 Sharing of nudes and semi-nudes (‘sexting’) 

Love To Learn’s approach will follow guidance from the UK Council for Internet Safety 

Tutors made aware of an incident involving the consensual or non-consensual sharing of nude or semi-nude images/videos (also known as ‘sexting’ or ‘youth produced sexual imagery’), must report it to the DSL immediately. 

Tutors must not: 

• View, copy, print, share, store or save the imagery yourself, or ask a pupil to share or download it (if you have already viewed the imagery by accident, you must report this to the DSL)

• Delete the imagery or ask the pupil to delete it

• Ask the pupil(s) who are involved in the incident to disclose information regarding the imagery (this is the DSL’s responsibility) 

• Share information about the incident with other members of staff, the pupil(s) it involves or their, or other, parents and/or carers

• Say or do anything to blame or shame any young people involved

You should explain that you need to report the incident, and reassure the pupil(s) that they will receive support and help from the DSL.

Following a report of an incident, the DSL will consider the initial evidence and aim to determine: 

• Whether there is an immediate risk to pupil(s) 

• If a referral needs to be made to the police and/or children’s social care 

• If it is necessary to view the image(s) in order to safeguard the young person (in most cases, images or videos should not be viewed)

• What further information is required to decide on the best response

• Whether the image(s) has been shared widely and via what services and/or platforms (this may be unknown)

• Whether immediate action should be taken to delete or remove images or videos from devices or online services

• Any relevant facts about the pupils involved which would influence risk assessment

• If there is a need to contact another School, college, setting or individual

• Whether to contact parents or carers of the pupils involved (in most cases parents/carers should be involved)

The DSL will make an immediate referral to police and/or children’s social care if: 

• The incident involves an adult 

• There is reason to believe that a young person has been coerced, blackmailed or groomed, or if there are concerns about their capacity to consent (for example, owing to SEN)

• What the DSL knows about the images or videos suggests the content depicts sexual acts which are unusual for the young person’s developmental stage, or are violent

• The imagery involves sexual acts and any pupil in the images or videos is under 13

• The DSL has reason to believe a pupil is at immediate risk of harm owing to the sharing of nudes and semi-nudes (for example, the young person is presenting as suicidal or self-harming)

Informing parents/carers

The DSL will inform parents/carers at an early stage and keep them involved in the process, unless there is a good reason to believe that involving them would put the pupil at risk of harm. 

Referring to the police

If it is necessary to refer an incident to the police, this will be done by calling 101 and asking to speak to one of the Wimborne & Ferndown Neighbourhood Policing Team in the Wimborne, Colehill & Corfe Mullen area comprises PCs Julia Ratcliffe and Kevin Miller, and PCSO Nicola Sykes.

Recording incidents

All incidents of sharing of nudes and semi-nudes, and the decisions made in responding to them, will be recorded. The record-keeping arrangements set out in section 14 of this policy also apply to recording these incidents. 

7.10 Reporting systems for our pupils 

Where there is a safeguarding concern, we will take the child’s wishes and feelings into account when determining what action to take and what services to provide. 

We recognise the importance of ensuring pupils feel safe and comfortable to come forward and report any concerns and/or allegations. 

To achieve this, we will:

• Make it clear to pupils that their concerns will be taken seriously, and that they can safely express their views and give feedback

8. Online safety and the use of mobile technology

We recognise the importance of safeguarding children from potentially harmful and inappropriate online material, and we understand that technology is a significant component in many safeguarding and wellbeing issues. 

The 4 key categories of risk

Our approach to online safety is based on addressing the following categories of risk:

• Content – being exposed to illegal, inappropriate or harmful content, such as pornography, fake news, racism, misogyny, self-harm, suicide, antisemitism, radicalisation and extremism

• Contact – being subjected to harmful online interaction with other users, such as peer-to-peer pressure, commercial advertising and adults posing as children or young adults with the intention to groom or exploit them for sexual, criminal, financial or other purposes

• Conduct – personal online behaviour that increases the likelihood of, or causes, harm, such as making, sending and receiving explicit images (e.g. consensual and non-consensual sharing of nudes and semi-nudes and/or pornography), sharing other explicit images and online bullying; and 

• Commerce – risks such as online gambling, inappropriate advertising, phishing and/or financial scams

To meet our aims and address the risks above, we will:

• Review the child protection and safeguarding policy, including online safety, annually and ensure the procedures and implementation are updated and reviewed regularly

9. Notifying parents or carers

Where appropriate, we will discuss any concerns about a child with the child’s parents or carers. The DSL will normally do this in the event of a suspicion or disclosure. 

Other staff will only talk to parents or carers about any such concerns following consultation with the DSL. 

If we believe that notifying the parents or carers would increase the risk to the child, we will discuss this with the local authority children’s social care team before doing so.

In the case of allegations of abuse made against other children, we will normally notify the parents or carers of all the children involved. We will think carefully about what information we provide about the other child involved, and when. We will work with the police and/or local authority children’s social care to make sure our approach to information sharing is consistent. 

The DSL will, along with any relevant agencies (this will be decided on a case-by-case basis): 

• Meet with the victim’s parents or carers, with the victim, to discuss what’s being put in place to safeguard them, and understand their wishes in terms of what support they may need and how the report will be progressed 

• Meet with the alleged perpetrator’s parents or carers to discuss support for them, and what’s being put in place that will impact them, e.g. moving them out of sessions with the victim, and the reason(s) behind any decision(s)

10. Pupils with special educational needs, disabilities or health issues

We recognise that pupils with SEND or certain health conditions can face additional safeguarding challenges, and are 3 times more likely to be abused than their peers. Additional barriers can exist when recognising abuse and neglect in this group, including: 

• Assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s condition without further exploration

• Pupils being more prone to peer group isolation or bullying (including prejudice-based bullying) than other pupils

• The potential for pupils with SEN, disabilities or certain health conditions being disproportionally impacted by behaviours such as bullying, without outwardly showing any signs

• Communication barriers and difficulties in managing or reporting these challenges

11. Pupils with a social worker 

Pupils may need a social worker due to safeguarding or welfare needs. We recognise that a child’s experiences of adversity and trauma can leave them vulnerable to further harm as well as potentially creating barriers to attendance, learning, behaviour and mental health.

The DSL and all members of staff will work with and support social workers to help protect vulnerable children.

Where we are aware that a pupil has a social worker, the DSL will always consider this fact to ensure any decisions are made in the best interests of the pupil’s safety, welfare and educational outcomes. For example, it will inform decisions about: 

• Responding to unauthorised absence or missing education where there are known safeguarding risks

• The provision of pastoral and/or academic support

12. Looked-after and previously looked-after children

We will ensure that all children, including looked-after children and previously looked-after children, are kept safe. 

13. Complaints and concerns about School safeguarding policies

13.1 Complaints against staff

Complaints against staff that are likely to require a child protection investigation will be handled in accordance with our procedures for dealing with allegations of abuse made against staff (see appendix 3).

13.2 Other complaints

Any other complaints about Love To Learn should be made directly to Emily Spurgeon – 07900354764 or info@lovetolearndorset.com.

13.3 Whistle-blowing

Any concerns about a colleague at Love To Learn should be made directly to the owner Emily Spurgeon. The matter will be investigated and the member of staff reporting their concern will be kept informed at all times throughout the process. 

If the member of staff does not feel satisfied that their concern has been fully dealt with, they can use the following link to get advice about how to report a concern to DCC:

https://pandorsetscb.proceduresonline.com/p_referrals.html

14. Record-keeping

All safeguarding concerns, discussions, decisions made and the reasons for those decisions, must be recorded in writing. If you are in any doubt about whether to record something, discuss it with the DSL. 

Records will include:

• A clear and comprehensive summary of the concern

• Details of how the concern was followed up and resolved

• A note of any action taken, decisions reached and the outcome

Concerns and referrals will be kept in a separate child protection file.

Any non-confidential records will be readily accessible and available. Confidential information and records will be held securely and only available to those who have a right or professional need to see them. 

Safeguarding records relating to individual children will be retained for a reasonable period of time after they have left the tuition company. 

15. Training 

15.1 All staff

It is expected that all staff members undertake their own safeguarding and child protection training before starting a role as a tutor with Love To Learn to ensure they understand Love To Learn’s safeguarding systems and their responsibilities, and can identify signs of possible abuse or neglect. 

This training will be updated on an annual basis and will:

• Be in line with advice from the 3 safeguarding partners

• Include online safety, including an understanding of the expectations, roles and responsibilities for staff around filtering and monitoring

• Have regard to the Teachers’ Standards to support the expectation that all teachers:

• Manage behaviour effectively to ensure a good and safe environment

• Have a clear understanding of the needs of all pupils

It is expected that all staff members undertake their own training on the government’s anti-radicalisation strategy, Prevent, to enable them to identify children at risk of being drawn into terrorism and to challenge extremist ideas.

15.2 The DSL and [deputy]

The DSL and [deputy] will undertake child protection and safeguarding training at least every year.

They will also undertake Prevent awareness training.

16. Monitoring arrangements

This policy will be reviewed annually by [Emily Spurgeon – owner of Love To Learn].

Appendices

These appendices are based on the Department for Education’s statutory guidance, Keeping Children Safe in Education.

Appendix 1: types of abuse

Abuse, including neglect, and safeguarding issues are rarely standalone events that can be covered by 1 definition or label. In most cases, multiple issues will overlap. 

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 is the persistent emotional maltreatment of a child such as to cause severe and adverse effects on the child’s emotional development. Some level of emotional abuse is involved in all types of maltreatment of a child, although it may occur alone.

Emotional abuse may involve:

• Conveying to a child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person

• Not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate

• Age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction

• Seeing or hearing the ill-treatment of another

• Serious bullying (including cyber-bullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children

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

• 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 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 care-givers)

• Ensure access to appropriate medical care or treatment

It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Appendix 2: safer recruitment and DBS checks – policy and procedures

Safer recruitment policy

Recruitment and selection process

We have put the following steps in place during our recruitment and selection process to ensure we are committed to safeguarding and promoting the welfare of children. 

Seeking references and checking employment history

We will obtain references before offering a job to a tutor. Any concerns raised will be explored further with referees and taken up with the candidate.  

When seeking references we will:

• Not accept open references 

• Liaise directly with referees and verify any information contained within references with the referees

• Ensure any references are from the candidate’s current employer and completed by a senior person. 

• Secure a reference from the relevant employer from the last time the candidate worked with children if they are not currently working with children

• Compare the information on the application form with that in the reference and take up any inconsistencies with the candidate

• Resolve any concerns before any appointment is confirmed  

Interview and selection

When interviewing candidates, we will: 

• Explore any potential areas of concern to determine the candidate’s suitability to work with children

• Record all information considered and decisions made

New staff

All offers of appointment will be conditional until satisfactory completion of the necessary pre-employment checks. When appointing new staff, we will:

• Verify their identity 

• Obtain (via the applicant) an enhanced DBS certificate, including barred list information for those who will be engaging in regulated activity (see definition below). We will obtain the certificate before, or as soon as practicable after, appointment, including when using the DBS update service. We will not keep a copy of the certificate for longer than 6 months, but when the copy is destroyed we may still keep a record of the fact that vetting took place, the result of the check and recruitment decision taken

• Verify their right to work in the UK. We will keep a copy of this verification for the duration of the member of staff’s employment and for 2 years afterwards 

• Verify their professional qualifications, as appropriate

• Carry out further additional checks, as appropriate, on candidates who have lived or worked outside of the UK. These could include, where available: 

• For all staff, including teaching positions: criminal records checks for overseas applicants

• For teaching positions: obtaining a letter from the professional regulating authority in the country where the applicant has worked, confirming that they have not imposed any sanctions or restrictions on that person, and/or are aware of any reason why that person may be unsuitable to teach

Regulated activity means a person who will be:

• Responsible, on a regular basis in a School or college, for teaching, training, instructing, caring for or supervising children; or

• Carrying out paid, or unsupervised unpaid, work regularly in a School or college where that work provides an opportunity for contact with children; or

• Engaging in intimate or personal care or overnight activity, even if this happens only once and regardless of whether they are supervised or not

Existing staff

In certain circumstances we will carry out all the relevant checks on existing staff as if the individual was a new member of staff. These circumstances are when:

• There are concerns about an existing member of staff’s suitability to work with children; or 

• An individual moves from a post that is not regulated activity to one that is; or

• There has been a break in service of 12 weeks or more 

We will refer to the DBS anyone who has harmed, or poses a risk of harm, to a child or vulnerable adult where:

• We believe the individual has engaged in relevant conduct; or

• We believe the individual has received a caution or conviction for a relevant (automatic barring either with or without the right to make representations) offence, under the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009; or

• We believe the ‘harm test’ is satisfied in respect of the individual (i.e. they may harm a child or vulnerable adult or put them at risk of harm); and

• The individual has been removed from working in regulated activity (paid or unpaid) or would have been removed if they had not left 

Appendix 3: allegations of abuse made against staff

Allegations against staff (including low-level concerns) policy 

Section 1: allegations that may meet the harms threshold

This section applies to all cases in which it is alleged that a current member of staff has:

• Behaved in a way that has harmed a child, or may have harmed a child, and/or 

• Possibly committed a criminal offence against or related to a child, and/or

• Behaved towards a child or children in a way that indicates they may pose a risk of harm to children, and/or 

• Behaved or may have behaved in a way that indicates they may not be suitable to work with children – this includes behaviour taking place both inside and outside of tuition sessions

If we’re in any doubt as to whether a concern meets the harm threshold, we will consult out local authority designated officer (LADO). 

We will deal with any allegation of abuse quickly, in a fair and consistent way that provides effective child protection while also supporting the individual who is the subject of the allegation. 

A ‘case manager’ will lead any investigation. This will be the deputy DSL where the DSL is the subject of the allegation. The case manager will be identified at the earliest opportunity.

Our procedures for dealing with allegations will be applied with common sense and judgement.

If we receive an allegation of an incident happening while an individual or organisation was using Love To Learn premises to run activities for children, we will follow our safeguarding policies and procedures and inform our LADO.

Suspension of the accused until the case is resolved

Suspension of the accused will not be the default position, and will only be considered in cases where there is reason to suspect that a child or other children is/are at risk of harm, or the case is so serious that there might be grounds for dismissal. In such cases, we will only suspend an individual if we have considered all other options available and there is no reasonable alternative.

Based on an assessment of risk, we will consider alternatives such as:

• Redeployment so that the individual does not have direct contact with the child or children concerned

• Moving the child or children to tuition sessions where they will not come into contact with the individual, making it clear that this is not a punishment and parents/carers have been consulted

If in doubt, the case manager will seek views from the designated officer at the local authority, as well as the police and children’s social care where they have been involved.

Definitions for outcomes of allegation investigations

• Substantiated: there is sufficient evidence to prove the allegation

• Malicious: there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive, or to cause harm to the subject of the allegation

• False: there is sufficient evidence to disprove the allegation

• Unsubstantiated: there is insufficient evidence to either prove or disprove the allegation (this does not imply guilt or innocence)

• Unfounded: to reflect cases where there is no evidence or proper basis which supports the allegation being made

Procedure for dealing with allegations

In the event of an allegation that meets the criteria above, the case manager will take the following steps:

• Conduct basic enquiries in line with local procedures to establish the facts to help determine whether there is any foundation to the allegation before carrying on with the steps below

• Discuss the allegation with the designated officer at the local authority. This is to consider the nature, content and context of the allegation and agree a course of action, including whether further enquiries are necessary to enable a decision on how to proceed, and whether it is necessary to involve the police and/or children’s social care services. (The case manager may, on occasion, consider it necessary to involve the police before consulting the designated officer – for example, if the accused individual is deemed to be an immediate risk to children or there is evidence of a possible criminal offence. In such cases, the case manager will notify the designated officer as soon as practicably possible after contacting the police)

• Inform the accused individual of the concerns or allegations and likely course of action as soon as possible after speaking to the designated officer (and the police or children’s social care services, where necessary). Where the police and/or children’s social care services are involved, the case manager will only share such information with the individual as has been agreed with those agencies

• Where appropriate (in the circumstances described above), carefully consider whether suspension of the individual from contact with children at Love To Learn is justified or whether alternative arrangements such as those outlined above can be put in place. Advice will be sought from the designated officer, police and/or children’s social care services, as appropriate

• Where the case manager is concerned about the welfare of other children in the community or the individual’s family, they will discuss these concerns with the DSL and make a risk assessment of the situation. If necessary, the DSL may make a referral to children’s social care

• If immediate suspension is considered necessary, agree and record the rationale for this with the designated officer. The record will include information about the alternatives to suspension that have been considered, and why they were rejected. Written confirmation of the suspension will be provided to the individual facing the allegation or concern 

• If it is decided that no further action is to be taken in regard to the subject of the allegation or concern, record this decision and the justification for it and agree with the designated officer what information should be put in writing to the individual and by whom, as well as what action should follow both in respect of the individual and those who made the initial allegation

• If it is decided that further action is needed, take steps as agreed with the designated officer to initiate the appropriate action at Love To Learn and/or liaise with the police and/or children’s social care services as appropriate

• Provide effective support for the individual facing the allegation or concern, including appointing a named representative to keep them informed of the progress of the case and considering what other support is appropriate. 

• Inform the parents or carers of the child/children involved about the allegation as soon as possible if they do not already know (following agreement with children’s social care services and/or the police, if applicable). The case manager will also inform the parents or carers of the requirement to maintain confidentiality about any allegations made against teachers (where this applies) while investigations are ongoing. Any parent or carer who wishes to have the confidentiality restrictions removed in respect of a teacher will be advised to seek legal advice

• Keep the parents or carers of the child/children involved informed of the progress of the case (only in relation to their child – no information will be shared regarding the staff member) 

• Make a referral to the DBS where it is thought that the individual facing the allegation or concern has engaged in conduct that harmed or is likely to harm a child, or if the individual otherwise poses a risk of harm to a child

If Love To Learn is made aware that the secretary of state has made an interim prohibition order in respect of an individual, we will immediately suspend that individual from teaching, pending the findings of the investigation by the Teaching Regulation Agency.

Where the police are involved, wherever possible Love To Learn will ask the police at the start of the investigation to obtain consent from the individuals involved to share their statements and evidence for use in Love To Learn’s disciplinary process, should this be required at a later point.

Timescales

We will deal with all allegations as quickly and effectively as possible and will endeavour to comply with the following timescales, where reasonably practicable:

• Any cases where it is clear immediately that the allegation is unsubstantiated or malicious should be resolved within 1 week 

• If the nature of an allegation does not require formal disciplinary action, appropriate action should be taken within 3 working days 

• If a disciplinary hearing is required and can be held without further investigation, this should be held within 15 working days 

However, these are objectives only and where they are not met, we will endeavour to take the required action as soon as possible thereafter. 

Specific actions

Action following a criminal investigation or prosecution

The case manager will discuss with the local authority’s designated officer whether any further action, including disciplinary action, is appropriate and, if so, how to proceed, taking into account information provided by the police and/or children’s social care services.

Conclusion of a case where the allegation is substantiated

If the allegation is substantiated and the individual is dismissed or Love To Learn ceases to use their services, or the individual resigns or otherwise ceases to provide their services, Love To Learn will make a referral to the DBS for consideration of whether inclusion on the barred lists is required. 

If the individual concerned is a member of teaching staff, Love To Learn will consider whether to refer the matter to the Teaching Regulation Agency to consider prohibiting the individual from teaching.

Individuals returning to work after suspension

If it is decided on the conclusion of a case that an individual who has been suspended can return to work, the case manager will consider how best to facilitate this.

The case manager will also consider how best to manage the individual’s contact with the child or children who made the allegation, if they are still attending sessions with Love To Learn.

Unsubstantiated, unfounded, false or malicious reports

If a report is: 

• Determined to be unsubstantiated, unfounded, false or malicious, the DSL will consider the appropriate next steps. If they consider that the child and/or person who made the allegation is in need of help, or the allegation may have been a cry for help, a referral to children’s social care may be appropriate

• Shown to be deliberately invented, or malicious, Love To Learn will consider whether lessons with the individual(s) who made it should be continued

Unsubstantiated, unfounded, false or malicious allegations

If an allegation is:

• Determined to be unsubstantiated, unfounded, false or malicious, the LADO and case manager will consider the appropriate next steps. If they consider that the child and/or person who made the allegation is in need of help, or the allegation may have been a cry for help, a referral to children’s social care may be appropriate

• Shown to be deliberately invented, or malicious, Love To Learn will consider whether lessons with the individual(s) who made it should be continued

Confidentiality and information sharing

Love To Learn will make every effort to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered.

The case manager will take advice from the LADO, police and children’s social care services, as appropriate, to agree:

• Who needs to know about the allegation and what information can be shared

• How to manage speculation, leaks and gossip, including how to make parents or carers of a child/children involved aware of their obligations with respect to confidentiality 

• What, if any, information can be reasonably given to the wider community to reduce speculation

• How to manage press interest if, and when, it arises

Record-keeping

The case manager will maintain clear records about any case where the allegation or concern meets the criteria above and store them on the individual’s confidential personnel file for the duration of the case. 

The records of any allegation that, following an investigation, is found to be malicious or false will be deleted from the individual’s personnel file (unless the individual consents for the records to be retained on the file).

For all other allegations (which are not found to be malicious or false), the following information will be kept on the file of the individual concerned:

• A clear and comprehensive summary of the allegation

• Details of how the allegation was followed up and resolved

• Notes of any action taken, decisions reached and the outcome 

• A declaration on whether the information will be referred to in any future reference

In these cases, Love To Learn will provide a copy to the individual, in agreement with children’s social care or the police as appropriate.

We will retain all records at least until the accused individual has reached normal pension age, or for 10 years from the date of the allegation if that is longer.

References

When providing employer references, we will:

• Not refer to any allegation that has been found to be false, unfounded, unsubstantiated or malicious, or any repeated allegations which have all been found to be false, unfounded, unsubstantiated or malicious

• Include substantiated allegations, provided that the information is factual and does not include opinions

Learning lessons

After any cases where the allegations are substantiated, the case manager will review the circumstances of the case with the local authority’s designated officer to determine whether there are any improvements that we can make to Love To Learn’s procedures or practice to help prevent similar events in the future. 

This will include consideration of (as applicable):

• Issues arising from the decision to suspend the member of staff

• The duration of the suspension

• Whether or not the suspension was justified 

• The use of suspension when the individual is subsequently reinstated. We will consider how future investigations of a similar nature could be carried out without suspending the individual

For all other cases, the case manager will consider the facts and determine whether any improvements can be made.

Non-recent allegations

Abuse can be reported, no matter how long ago it happened.

We will report any non-recent allegations made by a child to the LADO in line with our local authority’s procedures for dealing with non-recent allegations.

Section 2: concerns that do not meet the harm threshold 

We recognise the importance of responding to and dealing with any concerns in a timely manner to safeguard the welfare of children.

Definition of low-level concerns

The term ‘low-level’ concern is any concern – no matter how small – that an adult working in or on behalf of Love To Learn may have acted in a way that:

• Is considered to be inappropriate conduct outside of work, and

• Does not meet the allegations threshold or is otherwise not considered serious enough to consider a referral to the designated officer at the local authority

Examples of such behaviour could include, but are not limited to:

• Being overly friendly with children

• Having favourites

• Taking photographs of children on their mobile phone

• Engaging with a child on a one-to-one basis in a secluded area or behind a closed door

• Humiliating pupils 

Sharing low-level concerns 

We recognise the importance of creating a culture of openness, trust and transparency to encourage all staff to confidentially share low-level concerns so that they can be addressed appropriately.

We will create this culture by: 

• Ensuring staff are clear about what appropriate behaviour is, and are confident in distinguishing expected and appropriate behaviour from concerning, problematic or inappropriate behaviour, in themselves and others

• Empowering staff to share any low-level concerns as per section 7.7 of this policy

• Empowering staff to self-refer 

• Addressing unprofessional behaviour and supporting the individual to correct it at an early stage

• Providing a responsive, sensitive and proportionate handling of such concerns when they are raised

• Helping to identify any weakness in Love To Learn’s safeguarding system

Responding to low-level concerns

If the concern is raised via a third party, the owner will collect evidence where necessary by speaking:

• Directly to the person who raised the concern, unless it has been raised anonymously 

• To the individual involved and any witnesses  

The owner will use the information collected to categorise the type of behaviour and determine any further action. The owner will be the ultimate decision-maker in respect of all low-level concerns.

Record keeping

All low-level concerns will be recorded in writing. In addition to details of the concern raised, records will include the context in which the concern arose, any action taken and the rationale for decisions and action taken. 

Records will be:

• Kept confidential, held securely and comply with the DPA 2018 and UK GDPR

• Reviewed so that potential patterns of concerning, problematic or inappropriate behaviour can be identified. Where a pattern of such behaviour is identified, we will decide on a course of action, either through our disciplinary procedures or, where a pattern of behaviour moves from a concern to meeting the harms threshold as described in section 1 of this appendix, we will refer it to the designated officer at the local authority 

• Retained at least until the individual stops tutoring with Love To Learn

References 

We will not include low-level concerns in references unless:

• The concern (or group of concerns) has met the threshold for referral to the designated officer at the local authority and is found to be substantiated; and/or

• The concern (or group of concerns) relates to issues which would ordinarily be included in a reference, such as misconduct or poor performance

Appendix 4: specific safeguarding issues 

Child criminal exploitation 

Child criminal exploitation (CCE) is a form of abuse where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child into criminal activity, in exchange for something the victim needs or wants, and/or for the financial or other advantage of the perpetrator or facilitator, and/or through violence or the threat of violence. 

The abuse can be perpetrated by males or females, and children or adults. It can be a one-off occurrence or a series of incidents over time, and range from opportunistic to complex organised abuse.

The victim can be exploited even when the activity appears to be consensual. It does not always involve physical contact and can happen online. For example, young people may be forced to work in cannabis factories, coerced into moving drugs or money across the country (county lines), forced to shoplift or pickpocket, or to threaten other young people. 

Indicators of CCE can include a child:

• Appearing with unexplained gifts or new possessions

• Associating with other young people involved in exploitation

• Suffering from changes in emotional wellbeing

• Misusing drugs and alcohol

• Going missing for periods of time or regularly coming home late

• Regularly missing School or education 

• Not taking part in education

If a member of staff suspects CCE, they will discuss this with the DSL. The DSL will trigger the local safeguarding procedures, including a referral to the local authority’s children’s social care team and the police, if appropriate.

Child sexual exploitation

Child sexual exploitation (CSE) is a form of child sexual abuse where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child into sexual activity, in exchange for something the victim needs or wants and/or for the financial advantage or increased status of the perpetrator or facilitator. It may, or may not, be accompanied by violence or threats of violence.

The abuse can be perpetrated by males or females, and children or adults. It can be a one-off occurrence or a series of incidents over time, and range from opportunistic to complex organised abuse. 

The victim can be exploited even when the activity appears to be consensual. Children or young people who are being sexually exploited may not understand that they are being abused. They often trust their abuser and may be tricked into believing they are in a loving, consensual relationship. 

CSE can include both physical contact (penetrative and non-penetrative acts) and non-contact sexual activity. It can also happen online. For example, young people may be persuaded or forced to share sexually explicit images of themselves, have sexual conversations by text, or take part in sexual activities using a webcam. CSE may also occur without the victim’s immediate knowledge, for example through others copying videos or images.

In addition to the CCE indicators above, indicators of CSE can include a child:

• Having an older boyfriend or girlfriend

• Suffering from sexually transmitted infections or becoming pregnant

If a member of staff suspects CSE, they will discuss this with the DSL. The DSL will trigger the local safeguarding procedures, including a referral to the local authority’s children’s social care team and the police, if appropriate. 

Child-on-child abuse

Child-on-child abuse is when children abuse other children. This type of abuse can take place inside and outside of Love To Learn. It can also take place both face-to-face and online, and can occur simultaneously between the 2. 

Love To Learn has a zero-tolerance approach to sexual violence and sexual harassment. We recognise that even if there are there no reports, that doesn’t mean that this kind of abuse isn’t happening. 

Child-on-child abuse is most likely to include, but may not be limited to:

• Bullying (including cyber-bullying, prejudice-based and discriminatory bullying)

• Abuse in intimate personal relationships between children (this is sometimes known as ‘teenage relationship abuse’) 

• Physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm (this may include an online element which facilitates, threatens and/or encourages physical abuse)

• Sexual violence, such as rape, assault by penetration and sexual assault (this may include an online element which facilitates, threatens and/or encourages sexual violence)

• Sexual harassment, such as sexual comments, remarks, jokes and online sexual harassment, which may be standalone or part of a broader pattern of abuse

• Causing someone to engage in sexual activity without consent, such as forcing someone to strip, touch themselves sexually, or to engage in sexual activity with a third party

• Consensual and non-consensual sharing of nude and semi-nude images and/or videos (also known as sexting or youth produced sexual imagery)

• Upskirting, which typically involves taking a picture under a person’s clothing without their permission, with the intention of viewing their genitals or buttocks to obtain sexual gratification, or cause the victim humiliation, distress or alarm

• Initiation/hazing type violence and rituals (this could include activities involving harassment, abuse or humiliation used as a way of initiating a person into a group and may also include an online element)

Where children abuse their peers online, this can take the form of, for example, abusive, harassing, and misogynistic messages; the non-consensual sharing of indecent images, especially around chat groups; and the sharing of abusive images and pornography, to those who don't want to receive such content.

If staff have any concerns about child-on-child abuse, or a child makes a report to them, they will follow the procedures set out in section 7 of this policy, as appropriate. 

When considering instances of harmful sexual behaviour between children, we will consider their ages and stages of development. We recognise that children displaying harmful sexual behaviour have often experienced their own abuse and trauma, and will offer them appropriate support. 

Domestic abuse 

Children can witness and be adversely affected by domestic abuse and/or violence at home where it occurs between family members. In some cases, a child may blame themselves for the abuse or may have had to leave the family home as a result. 

Types of domestic abuse include intimate partner violence, abuse by family members, teenage relationship abuse (abuse in intimate personal relationships between children) and child/adolescent to parent violence and abuse. It can be physical, sexual, financial, psychological or emotional. It can also include ill treatment that isn’t physical, as well as witnessing the ill treatment of others – for example, the impact of all forms of domestic abuse on children. 

Anyone can be a victim of domestic abuse, regardless of gender, age, ethnicity, socioeconomic status, sexuality or background, and domestic abuse can take place inside or outside of the home. Children who witness domestic abuse are also victims.

Older children may also experience and/or be the perpetrators of domestic abuse and/or violence in their own personal relationships. This can include sexual harassment. 

Exposure to domestic abuse and/or violence can have a serious, long-lasting emotional and psychological impact on children and affect their health, wellbeing, development and ability to learn.

The DSL will provide support according to the child’s needs and update records about their circumstances. 

Homelessness

Being homeless or being at risk of becoming homeless presents a real risk to a child’s welfare. 

The DSL will be aware of contact details and referral routes in to the local housing authority so they can raise/progress concerns at the earliest opportunity (where appropriate and in accordance with local procedures). 

Where a child has been harmed or is at risk of harm, the DSL will also make a referral to children’s social care.

So-called ‘honour-based’ abuse (including FGM and forced marriage)

So-called ‘honour-based’ abuse (HBA) encompasses incidents or crimes committed to protect or defend the honour of the family and/or community, including FGM, forced marriage, and practices such as breast ironing. 

Abuse committed in this context often involves a wider network of family or community pressure and can include multiple perpetrators. 

All forms of HBA are abuse and will be handled and escalated as such. All staff will be alert to the possibility of a child being at risk of HBA or already having suffered it. If staff have a concern, they will speak to the DSL, who will activate local safeguarding procedures.

FGM

The DSL will make sure that staff have access to appropriate training to equip them to be alert to children affected by FGM or at risk of FGM.

Section 7.3 of this policy sets out the procedures to be followed if a staff member discovers that an act of FGM appears to have been carried out or suspects that a pupil is at risk of FGM.

Indicators that FGM has already occurred include:

• A pupil confiding in a professional that FGM has taken place

• A mother/family member disclosing that FGM has been carried out

• A family/pupil already being known to social services in relation to other safeguarding issues

• A girl:

• Having difficulty walking, sitting or standing, or looking uncomfortable

• Finding it hard to sit still for long periods of time (where this was not a problem previously)

• Spending longer than normal in the bathroom or toilet due to difficulties urinating

• Having frequent urinary, menstrual or stomach problems

• Avoiding physical exercise or missing PE 

• Being repeatedly absent from sessions, or absent for a prolonged period 

• Demonstrating increased emotional and psychological needs – for example, withdrawal or depression, or significant change in behaviour

• Being reluctant to undergo any medical examinations

• Asking for help, but not being explicit about the problem

• Talking about pain or discomfort between her legs

Potential signs that a pupil may be at risk of FGM include:

• The girl’s family having a history of practising FGM (this is the biggest risk factor to consider)

• FGM being known to be practised in the girl’s community or country of origin

• A parent or family member expressing concern that FGM may be carried out 

• A family not engaging with professionals (health, education or other) or already being known to social care in relation to other safeguarding issues

• A girl:

• Having a mother, older sibling or cousin who has undergone FGM

• Having limited level of integration within UK society

• Confiding to a professional that she is to have a “special procedure” or to attend a special occasion to “become a woman”

• Talking about a long holiday to her country of origin or another country where the practice is prevalent, or parents/carers stating that they or a relative will take the girl out of the country for a prolonged period

• Requesting help from a teacher or another adult because she is aware or suspects that she is at immediate risk of FGM

• Talking about FGM in conversation – for example, a girl may tell other children about it (although it is important to take into account the context of the discussion)

• Being unexpectedly absent from sessions

• Having sections missing from her ‘red book’ (child health record) and/or attending a travel clinic or equivalent for vaccinations/anti-malarial medication

The above indicators and risk factors are not intended to be exhaustive.

Forced marriage

Forcing a person into marriage is a crime. A forced marriage is one entered into without the full and free consent of 1 or both parties and where violence, threats, or any other form of coercion is used to cause a person to enter into a marriage. Threats can be physical or emotional and psychological. 

It is also illegal to cause a child under the age of 18 to marry, even if violence, threats or coercion are not involved.

Staff will receive training around forced marriage and the presenting symptoms. We are aware of the ‘1 chance’ rule, i.e. we may only have 1 chance to speak to the potential victim and only 1 chance to save them. 

If a member of staff suspects that a pupil is being forced into marriage, they will speak to the pupil about their concerns in a secure and private place. They will then report this to the DSL.

The DSL will:

• Speak to the pupil about the concerns in a secure and private place 

• Activate the local safeguarding procedures and refer the case to the local authority’s designated officer 

• Seek advice from the Forced Marriage Unit on 020 7008 0151 or fmu@fco.gov.uk

Preventing radicalisation

• Radicalisation refers to the process by which a person comes to support terrorism and extremist ideologies associated with terrorist groups

• Extremism is vocal or active opposition to fundamental British values, such as democracy, the rule of law, individual liberty, and mutual respect and tolerance of different faiths and beliefs. This also includes calling for the death of members of the armed forces

• Terrorism is an action that: 

• Endangers or causes serious violence to a person/people;

• Causes serious damage to property; or

• Seriously interferes or disrupts an electronic system

The use or threat of terrorism must be designed to influence the government or to intimidate the public and is made for the purpose of advancing a political, religious or ideological cause.

Schools have a duty to prevent children from being drawn into terrorism. The DSL will undertake Prevent awareness training.

We will assess the risk of children in our School being drawn into terrorism. This assessment will be based on an understanding of the potential risk in our local area, in collaboration with our local safeguarding partners and local police force.

There is no single way of identifying an individual who is likely to be susceptible to an extremist ideology. Radicalisation can occur quickly or over a long period. 

Staff will be alert to changes in pupils’ behaviour. 

The government website Educate Against Hate and charity NSPCC say that signs that a pupil is being radicalised can include:

• Refusal to engage with, or becoming abusive to, peers who are different from themselves 

• Becoming susceptible to conspiracy theories and feelings of persecution 

• Changes in friendship groups and appearance 

• Rejecting activities they used to enjoy 

• Converting to a new religion 

• Isolating themselves from family and friends

• Talking as if from a scripted speech

• An unwillingness or inability to discuss their views

• A sudden disrespectful attitude towards others

• Increased levels of anger

• Increased secretiveness, especially around internet use 

• Expressions of sympathy for extremist ideologies and groups, or justification of their actions

• Accessing extremist material online, including on Facebook or Twitter

• Possessing extremist literature

• Being in contact with extremist recruiters and joining, or seeking to join, extremist organisations 

Children who are at risk of radicalisation may have low self-esteem, or be victims of bullying or discrimination. It is important to note that these signs can also be part of normal teenage behaviour – staff should have confidence in their instincts and seek advice if something feels wrong. 

If staff are concerned about a pupil, they will follow our procedures set out in section 7.5 of this policy, including discussing their concerns with the DSL. 

Staff should always take action if they are worried.

Sexual violence and sexual harassment between children in tuition sessions

Sexual violence and sexual harassment can occur:

• Between 2 children of any age and sex

• Through a group of children sexually assaulting or sexually harassing a single child or group of children 

• Online and face to face (both physically and verbally) 

Sexual violence and sexual harassment exist on a continuum and may overlap.

Children who are victims of sexual violence and sexual harassment will likely find the experience stressful and distressing. This will, in all likelihood, adversely affect their educational attainment and will be exacerbated if the alleged perpetrator(s) attends the same tuition provider. 

If a victim reports an incident, it is essential that staff make sure they are reassured that they are being taken seriously and that they will be supported and kept safe. A victim should never be given the impression that they are creating a problem by reporting any form of abuse or neglect. Nor should a victim ever be made to feel ashamed for making a report. 

When supporting victims, staff will:

• Reassure victims that the law on child-on-child abuse is there to protect them, not criminalise them 

• Regularly review decisions and actions, and update policies with lessons learnt 

• Look out for potential patterns of concerning, problematic or inappropriate behaviour, and decide on a course of action where we identify any patterns 

• Remain alert to the possible challenges of detecting signs that a child has experienced sexual violence, and show sensitivity to their needs 

Some groups are potentially more at risk. Evidence shows that girls, children with SEN and/or disabilities, and lesbian, gay, bisexual and transgender (LGBT) children are at greater risk. 

Staff should be aware of the importance of: 

• Challenging inappropriate behaviours

• Making clear that sexual violence and sexual harassment is not acceptable, will never be tolerated and is not an inevitable part of growing up

• Challenging physical behaviours (potentially criminal in nature), such as grabbing bottoms, breasts and genitalia, pulling down trousers, flicking bras and lifting up skirts. Dismissing or tolerating such behaviours risks normalising them

If staff have any concerns about sexual violence or sexual harassment, or a child makes a report to them, they will follow the procedures set out in section 7 of this policy, as appropriate.

Serious violence 

Indicators which may signal that a child is at risk from, or involved with, serious violent crime may include:

• Increased absence from sessions

• Change in friendships or relationships with older individuals or groups

• Significant decline in performance

• Signs of self-harm or a significant change in wellbeing

• Signs of assault or unexplained injuries

• Unexplained gifts or new possessions (this could indicate that the child has been approached by, or is involved with, individuals associated with criminal networks or gangs and may be at risk of criminal exploitation (see above)) 

Risk factors which increase the likelihood of involvement in serious violence include:

• Being male

• Having been frequently absent or permanently excluded from School

• Having experienced child maltreatment 

• Having been involved in offending, such as theft or robbery

Staff will be aware of these indicators and risk factors. If a member of staff has a concern about a pupil being involved in, or at risk of, serious violence, they will report this to the DSL.

Non-collection of children

If a child is not collected at the end of the session, we will:

• Contact the emergency contact held on our database

• After 1 hour, if the emergency contact cannot be reached, we will contact the Duty Social Worker for Children's Services at either DCC or BCP.