Safeguarding Policy

  Kip McGrath Billericay and Wickford 

Child Protection and Safeguarding Policy 

 Kip McGrath Education Centres UK safeguarding policies and procedures are in place to offer a safe environment in which children can learn and develop. Children, young people and vulnerable adults involved in Kip McGrath education programmes have the right to protection from harm. Kip McGrath Education Centres UK will seek to ensure the safety and protection of all children, young people and vulnerable adults involved in its activities through adherence to this Child Protection Statement/Safeguarding policy.  

Kip McGrath promotes safeguarding and follows the guidance from the Department of Education including its guidance set out in its ‘Keeping Children Safe in Education 2022’. 

All our staff are qualified teachers, and either have or currently do work in schools, as such, safeguarding is an intrinsic part of their culture and values.  As well as being a qualified teacher, our Centre Director (Lauren Shipley) is also an experienced, qualified SENCo. 

Working with schools to uphold their safeguarding policies whilst the children are in our care is paramount.  We ensure that we have excellent relationships with the schools that we work with, including the SENCo or Pastoral Co-ordinator to ensure we align our safeguarding policy to theirs. 

This safeguarding policy is used to provide clarity to our tutors, and other stakeholders including schools and allows us to deliver a consistent safeguarding message. 

Prior to tutoring for a new school, we would normally conduct a formal meeting with the relevant school’s leaders, or an in-depth phone conversation to establish the relationship and set out our working practices. 

Part of our agenda would be to ensure that the school are aware that safeguarding is at the heart of what we do. We do this by sharing our safeguarding policy with them.  Our policy is also available to all stakeholders on our dedicated centre website – www.kipmcgrathbillericay.co.uk.  

In short, we want to ensure that our policy aligns with the schools and that that they are aware and comfortable with the procedure of raising any safeguarding issues with us. 

 Practically, it intends to outline clear, and robust systems and processes that we share with our staff by outlining the following: 

• Our key safeguarding principles  
• Relevant risks and types of abuse which may occur 
• Code of conduct – our controls and mitigations of the identified risks 
• Safer recruitment procedures  
• Procedures for responding to concerns about abuse or neglect  
• We provide regular training on safeguarding at least annually. 

Our Key Safeguarding Principles: 

The welfare and protection of children, young people and vulnerable adults who are students of Kip McGrath Education Centres UK must be the first consideration of every person involved in the provision of Kip McGrath education programmes.  

Kip McGrath Education Centres UK and its Franchisees will practice safe recruitment in checking the suitability of staff to work with children, young people and vulnerable adults.  

Kip McGrath Education Centres UK and its Franchisees will raise awareness of child protection issues so that every person involved in the provision of Kip McGrath education programmes understands their moral obligation to protect children, young people and vulnerable adults from harm, abuse and exploitation.    

Kip McGrath Education Centres UK have adopted a Code of Conduct which every person involved in the provision of education programmes must comply with. The code is designed to outline the processes and procedures that our staff must follow to mitigate the potential risks and is set out later in this policy.   

Those involved in the provision of Kip McGrath education programmes will have close contact with children, young people and vulnerable adults and are in a good position to observe signs of possible abuse, changes in behaviour or failure to perform or develop as expected. They may also receive disclosure from a student that she/he has been abused.  

Every person involved in the provision of Kip McGrath education programmes has a responsibility to be aware of the procedures to follow should a disclosure of abuse be made to them or if they have concerns that a child, young person or vulnerable adult is being abused. If abuse is suspected the procedures outlined in this policy should be commenced without delay.  

Abuse occurs in all cultures, racial and religious groups. Franchisees and their staff have a responsibility to be. sensitive to and respectful of ethnic and cultural backgrounds however, these factors must not be used as a reason for non-intervention.  

Kip McGrath Education Centres UK and its franchisees will endeavour to keep up to date with national developments relating to the care and protection of children, young people and vulnerable adults and will amend this policy as may be appropriate to comply with current best practice.  

Kip McGrath Education Centres UK has adopted Child Protection Procedures to protect children, young people and vulnerable adults involved in Kip McGrath education programmes. The procedures are set out later in this policy.  

Kip McGrath Education Centres UK are committed to uphold the statutory guidance provided to schools and colleges by the Department of Education in its document of 1st September 2022 ‘Keeping Children Safe in Education’. We provide safeguarding information for all our staff, and they receive suitable and up to date training including KCSIE at least annually.  All members of staff are required to read the latest ‘Keeping Children Safe in Education’ documents as stipulated in safeguarding training and updates. 

Relevant risks and types of abuse which may occur  

Definitions of Abuse  

 Kip McGrath Education Centres UK recognises the following as definitions of abuse:  

Physical Abuse  

When an adult, or sometimes an older child, deliberately injure a child or fail to prevent physical injury (or suffering) to a child. In addition to physical injury this includes giving a child alcohol or drugs.  

Neglect  

When parents fail to meet a child’s basic needs for food, warmth, clothing or medical attention or fail to protect the child from exposure to danger. Neglected children may be withdrawn or very aggressive and may develop health problems such as nonorganic failure to thrive.  

Sexual Abuse  

When an adult, or sometimes an older child, uses a child for sexual gratification. This might mean touching a child in a sexual way, forcing a child to carry out sexual acts, deliberately showing a child adult pornographic videos or  

magazines and filming or photographing children in a sexual way. Both boys and girls are sexually abused, and it can happen to very young children as well as older ones. The child may be dependent or developmentally immature.  

Emotional Abuse  

When parents continuously fail to show love and affection to a child causing the child severe adverse side effects on emotional and behavioural development. This might include sarcasm, threats, criticism, yelling and taunting. All abuse involves some emotional ill treatment. This category should be used where it is the main or sole form of abuse.  

Vulnerable Adults  

Kip McGrath Education Centres UK recognises that some adults are also vulnerable to abuse. These procedures may also be applied to allegations of abuse and the protection of vulnerable adults. A Vulnerable Adult is defined as any person aged 18 or over who:   

is or may be in need of community care services by reason of mental, physical or learning difficulty, age or illness; is or may be unable to take care of him or herself or unable to protect him or herself against significant harm or serious exploitation.  

Awareness of Actual or Likely Occurrence of Abuse  

There are several ways in which abuse becomes apparent:   

• A victim discloses abuse.  
• Someone else discloses that a student has told him/her or that he/she strongly believes a student has been or is  being abused.  
• A student may show signs of physical injury for which there appears to be no satisfactory explanation.  
• A student’s behaviour may indicate that it is likely that he/she is being abused.  
  
• A colleague’s behaviour or the way in which he/she relates to a student causes concern.  

 Code of Conduct – our controls and mitigations of the identified risks 

Every person engaged in the provision of Kip McGrath education programmes must abide by the following Code of Conduct.  

Franchisees, teachers and employees should:  

• Be aware of situations which may present risks and manage those.  
• Understand the procedures in place and the processes outlined in the KMEC Billericay and Wickford safeguarding flow chart which is visible in staff area.  
• Have an up-to-date level 2 or above Safeguarding certificate.  
• Know who the DSL is (Lauren Shipley – Centre Director and Paula Champness – Wickford Centre Manager) and how to contact them at any time.  
• Plan and organise work and the workplace so as to minimise risks.  
• As far as possible, be visible when working with students. Do not spend time alone with children away from others.  
• Ensure that a culture of openness exists to enable any issues or concerns to be raised or discussed.  
• Ensure that a sense of accountability exists between staff so that poor practice or potentially abusive behaviour does not go unchallenged.  
• Talk to students about their contact with staff or others and encourage them to raise any concerns.  
• Empower students by discussing with them what they can do if there is a problem and give enthusiastic and constructive feedback rather than negative criticism.  

Franchisees, teachers and employees must never:  

• Use physical force against a student, unless it constitutes reasonable restraint to protect yourself or another person or property from danger or harm. In this situation the minimum amount of force should be used for the minimum amount of time and a report of the incident should be recorded in writing immediately afterwards.  
• Develop physical/sexual relationships with students.  
• Develop relationships with students which could in any way be deemed exploitative or abusive.  
• Act in any way that may be abusive or may place a student at risk of abuse.  
• Use language, make suggestions or offer advice, which is inappropriate, discriminatory, offensive or abusive.  
• Behave physically in a manner which is inappropriate or sexually provocative. There may be rare occasions when a student, particularly a young child, is distressed and needs physical comforting – discretion must be used to ensure that this is appropriate, and any contact is necessary and justified.  
• Give a student a lift to, or home from, lessons.  
• Take a student with whom they are working to, or allow a student to stay overnight at, their home.  
• Give students alcohol, cigarettes, drugs or other stimulants.  
• Do things for students of a personal nature that they can do for themselves (e.g. taking them to the toilet). In the case of very young children, it may be necessary for them to be offered assistance in using the toilet – this assistance should, wherever possible, be provided by someone of the same sex and discretion should be used so-that any assistance is appropriate and any contact is necessary and justified. Prior parental consent should always be obtained and parents/carers should be made aware of toilet policy.  
• Act in ways intended to shame, humiliate, belittle or degrade a student or otherwise engage in any form of emotional abuse.  
• Discriminate against, show deferential treatment, or favour particular students to the exclusion of others.  

This is not an exhaustive or exclusive list. The underlying principle is that actions or behaviour which may constitute poor practice or potentially abusive behaviour should be avoided.  

Receiving Allegations of Abuse  

If a child or young person makes a disclosure about possible abuse, you are advised to:  

• Listen carefully and stay calm.   
• Do not interview the child, but question normally and without pressure, in order to be sure that you understand what the child is telling you.  
• Do not put words into the child’s mouth.  
• Reassure the child that, by telling you, they have done the right thing.  
• Inform the child that you must pass the information on to “someone who can help” (e.g. the police or the Child and that you may have to tell someone, but do not specify whom, to avoid alarming the child (particularly if they are very young).  
• Make a detailed note of the date, time, place, what the child said and did, your questions etc. This should not normally be done in the presence of the child as it may be intimidating for them.  
• Refer to our DSL Nicola Brownlow, co-centre director. 
• The Incident Form (see Appendix I) is designed to help you do this. It is also an important document as it provides us with a register of potential abuse for future reference. Tutors or employees should not investigate concerns or allegations themselves but should follow the reporting procedure which is outlined in section 5 of this policy.  

Safer Recruitment Policy  

 Our safer recruitment policy is written in line with the Keeping Children Safe in Education framework. 

When undertaking any recruitment process, Kip McGrath Education Centres UK and its franchisees will take the following steps:  

• All job descriptions and person specifications will include a specific reference to suitability to work with children and young people and refer to the responsibility for safeguarding and promoting the welfare of children and young people. 
• Comprehensive information from applicants will be obtained and scrutinised and any discrepancies or anomalies will be investigated and resolved.  
• Independent professional and character references relating to an applicant’s suitability to work with children and young people will be obtained. 
• A face-to-face interview will be held with all successful applicants prior to engagement;  
• The identity, qualifications and previous employment history of the successful applicant will be verified before appointment. 
• A check will be made on the successful applicant’s mental and physical health;  
• A check of the relevant mandatory lists (set out below) and a disclosure (currently DBS) check will be carried out in respect of the successful applicant before appointment;  
• Any offer of employment or engagement will be made conditional upon the satisfactory completion of the above checks and verifications.  
• Kip McGrath Education Centres Ltd will ensure that an individual will not be recruited to work on a Kip McGrath education programme where they are named on any of the following lists:  
  • The Protection of Children Act (PoCA) List (England and Wales);  
  • List 99 (England and Wales);  
  • The Protection of Vulnerable Adults (POVA) List (England and Wales);  
  • The Disqualified from Working with Children List (DWCL Scotland);  
  • The Disqualification from Working with Children List (Northern Ireland); and  
  • The Disqualification from Working with Vulnerable Adults List (Northern Ireland).  

• An individual who is appointed and subsequently found to be named on any of these lists will be removed from the position forthwith.  
• An individual will be referred to the appropriate List where the grounds for referral under the Acts are met.  
• We obtain a DBS check for all staff prior to their engagement. Kip McGrath Education Centres UK has a zero-tolerance policy towards staff before DBS disclosure is obtained. 
• Enhanced DBS checks are handled by Capita and our records, including our Single Central Record are held on their secure platform eBulkPlus. The register is available for audit at any time. The SCR content includes an identity check; a barred list check; an enhanced DBS check; a prohibition from teaching check; a check of professional qualifications; and a check to establish the person’s right to work in the United Kingdom. It also includes a section 128 check for management positions as set out in paragraphs 144-147 of Keeping Children Safe in Education 2020. These are renewed every 3 years. Many staff members are also on the DBS update service. 
• A check will be made to confirm the right of the successful applicant to work in the United Kingdom before appointment. 
• Where the successful applicant has lived outside the United Kingdom they must undergo the same checks as all other staff 
• We also make any further checks we think appropriate, and these checks could include, where available:
  • obtaining a letter (via the applicant) from the professional regulating authority in the country in which the applicant has worked confirming that they have not imposed any sanctions or restrictions, to confirm the applicants professional qualifications and to see if they are aware of any reason why they may be unsuitable to teach. 
  • Although not all countries provide criminal record information the Home Office provides guidance on criminal records checks for overseas applicants which can be found on GOV.UK. 
  • Some overseas qualified teachers can apply to the TRA for the award of qualified teacher status (QTS) in England.

• All our tutors and staff follow the above guidelines, and we maintain a HR file for each staff member containing the relevant information. This information is readily available for audit at any time and is either stored digitally or in a secure filing cabinet. In addition to the above each of our employees completes a new starter form and signs a contract of employment which we hold on file. 

Procedures for Responding to Concerns about Abuse or Neglect  

Each centre has a designated Child Protection Officer (CPO). This will be the franchise owner of the centre in question. It is the CPO’s role to monitor and implement this policy and deal with reports of abuse/neglect. The reporting procedure differs depending upon the role of the person making the report.  

- Reporting Procedure for Tutors and Assistants  

 If a teacher or employee has any concerns about abuse or neglect of a student they should contact the designated DSL (Lauren Shipley, Centre Director) as soon as practicably possible. Please see step 6 for the appropriate procedure if the DSL is unavailable. If the concerns relate to the behaviour of the DSL, the report should be made to Kip McGrath Education Centres Head Office UK. 

If a member of staff has reason to suspect abuse, or has received allegations of abuse from a student or third party, they will need to complete an Incident Form (see Appendix I) and send it to the designated DSL. 

 Upon receipt of the Incident Form the DSL will check its content and, if necessary, refer to the originator to clarify and further discuss the situation. 

 The DSL must then contact the police to formally report the incident/suspicions. 

 The DSL must then inform Kip McGrath Education Centres Master Franchisee or Franchise Support Manager or Kip McGrath Education Centres Head Office senior management. 

 If the DSL is unavailable for any reason, the deputy DSL should be contacted (Paula Champness - Wickford Centre Manager).  If they are unable to contact eith or the aforementioned people, the person witnessing the incident or receiving the allegation from the child should contact the police themselves immediately. Then, as soon as practicably possible they should inform the DSL/Deputy DSL. A meeting will then be convened at the earliest opportunity to discuss the issues. 

- Reporting Procedure for (DSL) Franchise Owner  

 If a franchisee has reason to suspect abuse or receives allegations, they should inform the police immediately and, as soon as practicably possible, their BDM or Head Office Senior Management.  

 The franchisee should complete an Incident Form (see Appendix I). This will help in relaying information to the police/Kip McGrath senior management.  

- Investigating & Dealing with Allegations of Abuse against tutors employees or franchisees 

• In cases of allegations against employees Kip McGrath Education Centre UK’s normal disciplinary procedures for investigating allegations will apply 
• In cases of allegations against franchisees the franchise agreement will apply. 
• For cases of allegations against teachers the procedures relating to the centre will apply. 
• All cases will be referred to the police.
• It is recognised that hastily or ill-informed decisions in connection with an alleged child protection issue can irreparably damage an individual’s reputation, confidence and career. Therefore, those dealing with such allegations within Kip McGrath Education Centres UK will do so with sensitivity and will act in a careful and measured way.
• Every effort will be made to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered. 

Referral Process  

 Kip McGrath Education Centres UK will refer names to the appropriate government official (including, but not limited to, the Secretary of State) for inclusion in one or more of the lists referred to above in the following circumstances:  

 Where Kip McGrath Education Centres UK or a franchisee has dismissed an individual on the grounds of misconduct (whether or not in the course of employment) which harmed a child or placed a child at risk of harm, or where an individual has resigned or retired in circumstances such that Kip McGrath Education Centres UK or a franchisee would have dismissed him/her, or would have considered dismissing him/her on such grounds, if he/she had not resigned or retired.  

 Where an individual has resigned or retired and information not available to the organisation at the time has since become available which would have resulted in dismissal being considered on such grounds if he/she had not resigned or retired.  

 The types of circumstance where the appropriate government official would expect a referral to be made would be where any action or inaction on the part of the individual harmed a child or put a child at risk of harm.  

 Only the names of persons who occupied childcare positions within the meaning of any act applicable in England and Wales, Scotland or Northern Ireland may be referred to the appropriate government official. For example, in England and Wales child care positions within the meaning of the Protection of Children Act 1999, with specific exceptions, carries the same meaning as a “regulated” position, as defined in the Criminal Justice and Court Services Act 2000.  

 Two of the eight basic sets of regulated positions are:  

• Where normal duties include caring for, training, supervising or being in sole charge of children; and  
• Where normal duties involve unsupervised contact with children under arrangements made by a responsible person (e.g. a parent, guardian or primary carer).  

The referral of an individual does not lead to automatic inclusion on a list. The minimum information that the government official requires for all referrals is as follows:  

• Full name, address, date of birth and National Insurance number of the individual; o Confirmation that the individual occupied a childcare (or “regulated”) position.  
• Full details of the alleged misconduct.  
• Detailed information about how – by his misconduct – the individual harmed a child or placed a child at risk of harm. 
• Details of any investigations carried out to date – and their conclusions – including copies of relevant papers (e.g. statements, notes of interviews, minutes of meetings and minutes/notes of disciplinary hearings) and details of the organisation’s disciplinary procedures; 
• Details of the action taken against the individual e.g. whether he has been suspended, dismissed or transferred from a child care position etc.  
• Information on any police involvement (or the involvement of any other agency). 
• Details of proposed further action – i.e. dates for disciplinary hearings, timetable for further investigations etc.  
• Any other information considered relevant to the circumstances of the alleged misconduct. It is important that the referral process is as short as possible and involves as few individuals as possible.  

Protection of Those Reporting Care and Protection Concerns  

 The law protects those who report care and protection concerns from actions by those individuals who have been implicated in the abuse, harm and/or neglect of a child or young person so long as the report was not malicious or vexatious.  

Data Protection and Management of Confidential Information  

Kip McGrath Education Centres UK is committed to managing confidential information in accordance with the requirements of the Data Protection Act 1998. Children and young people have a right to confidentiality unless Kip McGrath Education Centres UK or a franchisee considers that they could be at risk of abuse and/or harm.  

Appendix I- Incident reporting sheet 

Date, time and place of disclosure, suspicion, allegation or actual incident of abuse  

Name and position of person about whom report, complaint or allegation is made  

Name and age of child involved  

Nature of incident, complaint or allegation (continue on a separate sheet if necessary)  

What questions did you ask the child? (continue on a separate sheet if necessary) 

What did the child do/say? (continue on a separate sheet if necessary) 

Action taken (continue on a separate sheet if necessary)  

If Police or Children’s Social Care Services contacted, name, position and telephone number of person handling the case and date and time referred  

Name and position of person completing the form  

Contact telephone number  

If the decision was taken not to consult with a relevant statutory agency, why was this decision taken?  

Signature of person completing the form  

Date and time completed