How Should You Ensure The Safety And Welfare Of Your Children?
Want to make sure you're staying on top of safeguarding? Eve Piffaretti considers the statutory guidance
Q: What is the statutory framework for safeguarding children in early years? A: There is currently no general legal requirement on those working with children in England to report known or suspected child abuse or neglect. However, providers should follow statutory guidance on safeguarding children. Providers must have regard to the government’s statutory guidance ‘Working Together to Safeguard Children 2013’, and the ‘Statutory framework for the early years foundation stage’ sets out the requirements that all providers of early education and care must meet.
Additionally, last year, Ofsted issued guidance for inspectors to use when inspecting safeguarding under the common inspection framework, ‘Inspecting safeguarding in early years, education and skills settings’ August 2016.
How should you health-check your policies and procedures? Use the statutory framework and agreed procedures of your Local Safeguarding Children Board to form the basis of your safeguarding policies and procedures.
Ensure that this is regularly reviewed and updated. Also, you must include an explanation of the action to be taken in the event of an allegation being made against a member of staff, and cover the use of mobile phones and cameras in the setting.
Ensure staff understand these policies and procedures and have up-to-date knowledge of safeguarding issues. The training you provide must enable them to identify signs of possible abuse and neglect at the earliest opportunity, and to respond in a timely and appropriate way.
Providers must also ensure that people looking after children are suitable and this will require them to check suitability through a criminal records check.
How will Ofsted assess your safeguarding arrangements? The Ofsted guidance is a useful summary of your responsibilities. Inspectors will be looking for evidence of five main aspects of the setting’s safeguarding arrangements:
| • | the extent to which leaders create a positive culture where safeguarding is an important part of everyday life in the setting, backed up by training at every level; |
| • | the content, application and effectiveness of safeguarding policies and procedures, and safe recruitment and vetting processes; |
| • | the quality of safeguarding practice, including evidence that staff are aware of the signs that children or learners may be at risk of harm either within the setting or in the family or wider community outside the setting; |
| • | the timeliness of response to any safeguarding concerns that are raised; and |
| • | the quality of work to support multi-agency plans around the child or learner. |
When should you take action? If there are concerns about children’s safety or welfare, a provider must notify agencies with statutory responsibilities without delay. This means the local children’s social care services and where a child is in immediate danger or is at risk of harm, children’s social care services and/or the police should be informed immediately.
Registered providers must inform Ofsted of any allegations of serious harm or abuse by any person working, or looking after children at their premises (whether the allegations relate to harm or abuse committed on the premises or elsewhere). Ofsted should also be notified of the action taken in respect of the allegations. These notifications must be made as soon as is reasonably practicable, but at the latest within 14 days of the allegations being made. Be aware that failure to do so without reasonable excuse is an offence.
Eve Piffaretti is a Partner at Blake Morgan LLP. She specialises in safeguarding and child protection law and has a particular interest in children and young people’s rights. For further advice, contact Eve at 029 2068 6143 / eve.piffaretti@blakemorgan.co.uk.
