Education law conference, March 2017 - Nottingham - Policy drafting masterclass

Education law conferenceMarch 2017, NottinghamPolicy drafting masterclass

Policy drafting masterclass

How to draft, disseminate and train your staff on yourpolicies and ensuring they are applied effectively andconsistently

22nd March, NottinghamKatie Michelon, Associate

Join the conversation #BJ_EDC

This session

1. Why policies matter

2. What does guidance require?

3. What do Ofsted want?

4. 10 tips for effective policies

5. Child protection policy

6. Separate policies

7. Dissemination and training


Why policies matter

• Structure and clarity of organisation

• Parents, pupils and staff expectation

• Statutory requirement/expectation

• Ofsted

• Why else?

Your policies

• What is good about your policies?

• What could be better?

• Do they comply fully with what the guidance requires and whatOfsted are looking for?

Rest of this session

• Useful to focus on one policy to work through the principles

Child Protection Policy

• Required

• High Profile

• Ofsted focus

• Statutory guidance

This session









What does guidance require?Keeping Children Safe in Education 2016

• Policy generally - Para 47 – GBs and proprietors should ensurethere are appropriate policies and procedures in place in order forappropriate action to be taken in a timely manner to safeguardand promote children’s welfare.

What does guidance require?

Policy generally - Para 48 - This should include:

• an effective child protection policy; and

• a staff behaviour policy (sometimes called the code of conduct)which should amongst other things include - acceptable use oftechnologies, staff/pupil relationships and communicationsincluding the use of social media.


• Policy generally: Para 50 - HTs and principals should ensure thatthe policies and procedures, adopted by governing bodies andproprietors, particularly concerning referrals of cases of suspectedabuse and neglect, are followed by all staff

• Missing from education: Para 51- GBs and proprietors should putin place appropriate safeguarding responses to children who gomissing from education, particularly on repeat occasions, to helpidentify the risk of their going missing in the future


• Vetting: Para 71 – In line with Part three of this guidance, GBs andproprietors should prevent people who pose a risk of harm fromworking with children by adhering to statutory responsibilities tocheck staff who work with children, taking proportionate decisionson whether to ask for any checks beyond what is required; andensuring volunteers are appropriately supervised. The school orcollege should have written recruitment and selection policies andprocedures in place


• Allegations: Para 73 - GBs and proprietors should ensure there areprocedures in place to handle allegations against teachers,headteachers, principals, volunteers, and other staff. Suchallegations should be referred to the designated officer(s) at thelocal authority by the appropriate person as set out in Part four ofthis guidance

• Allegations: Para 74 - There must be procedures in place to makea referral to the Disclosure and Barring Service (DBS) if a person inregulated activity has been dismissed or removed due tosafeguarding concerns, or would have been had they not resigned.


• Work placements: Para 140 - Schools and colleges organising workexperience placements should ensure that policies and proceduresare in place to protect children from harm


DSL role: Annex B - DSL should ensure policies are known and usedappropriately:

• The designated safeguarding lead should ensure the school orcollege’s CP policies are known, understood and usedappropriately

• Ensure CP policy is reviewed annually and the procedures andimplementation are updated and reviewed regularly, and workwith governing bodies or proprietors regarding this.


DSL role: Annex B - DSL should ensure policies are known and usedappropriately:

• Ensure CP policy is available publicly and parents are aware of thefact that referrals about suspected abuse or neglect may be madeand the role of the school or college in this.


Summary:

• KCS mentions the importance of policy and procedure frequently

• At times is prescriptive about what must be mentioned

• Mainly leaves it for you to decide what to include and how to do it

This session









What do Ofsted want?

Ofsted Inspecting Safeguarding, August 2016

• The signs of successful safeguarding arrangements:

• Leaders and managers have put in place effective childprotection and staff behaviour policies that are wellunderstood by everyone in the setting



• Inspectors should look for evidence of five main aspects of thesetting’s safeguarding arrangements:

• the application and effectiveness of safeguarding policies andsafe recruitment and vetting processes

• all staff and other adults working within the setting are clearabout procedures where they are concerned about the safety ofa child or learner



• Inspectors should consider evidence that:

• child protection and staff behaviour policies are in place andregularly reviewed to keep all children and learners safe

• the setting has clear policies and procedures for dealing withchildren and learners who go missing from education,particularly those who go missing on repeat occasions. Leaders,managers and staff are alert to signs that children and learnerswho are missing might be at risk of abuse or neglect



• Safeguarding requirements for leaders and managers:

• GBs etc. must ensure that they comply with their safeguardingduties under legislation. They must ensure that the policies,procedures and training in their…schools…are effective andcomply with the law at all times.

• …ensuring that an effective child protection policy is in place…


Summary:

• Successful safeguarding includes having well understood policies inplace

• Inspectors will consider:• their “application and effectiveness”• whether they are regularly reviewed• whether they are clear on children missing education• The role of GBs etc in safeguarding

This session









10 tips for effective policies

1. Content – cover what needs to be covered (guidance and Ofsted)

2. Clarity and brevity are your friends (be accurate and succinct)

3. Size is not important

4. Get the flow right (the right topics in the right order)


5. Review means review, not “bolt on” new elements

6. Spin-out separate policies if needed, but only if needed

7. Disseminate to all staff

8. Train staff


9. Critically assess - if you don’t find it an easy read, your staffwon’t either…

10. Carry out a procedural review after a safeguarding issue:• Did they work?• Could they have worked better?• What changes should you make• Do you need to engage the LSCB or other agencies?• Record that you carried out a review

This session









Child protection policy

Policy headings one can use

Headings need to make sense, but content is more important


1. Policy statement and principals (inc. child protection statement)

2. Safeguarding legislation and guidance

3. Related safeguarding policies

4. Roles and responsibilities (DSL, Head, Governor)


5. Good practice guidance

6. Vulnerable children

7. Children missing education

8. Staff/pupil relationships (inc social media)


9. Allegations against staff

10. Staff training

11. Safer recruitment, vetting and barring (RA, Volunteers,Contractors, DBS Referrals)

12. Visitors


13. Child Protection procedures (Recognising abuse, categories ofabuse, taking action)

14. Pupil disclosing to you

15. Notifying parents (inc. not notifying them)

16. Referring to Children’s Social Care


17. Peer on peer abuse and sexually harmful behaviour

18. Child Sexual Exploitation

19. Honour-Based Violence

20. Female Genital Mutilation


21. Radicalisation and extremism

22. Confidentiality and information sharing

23. Special circumstances (Private Fostering arrangements, LookedAfter Children, Work experience, Host families)


Remember the top tips for constructing the policyeffectively and efficiently…


1. Content – cover what needs to be covered (guidance and Ofsted)

2. Clarity and brevity are your friends (be accurate and succinct)

3. Size is not important

4. Get the flow right (the right topics in the right order)


5. Review means review, not “bolt on” new elements

6. Spin-out separate policies if needed, but only if needed

7. Disseminate to all staff

8. Train staff


9. Critically assess - if you don’t find it an easy read, your staffwon’t either…

10. Carry out a procedural review after a safeguarding issue:• Did they work?• Could they have worked better?• What changes should you make• Do you need to engage the LSCB or other agencies?• Record that you carried out a review

This session









Separate policies

• No right or wrong answer

• The key is doing what is right for your children, in your setting, inyour community

• What is right for one school will not be right for another, e.g.Prevent and extremism

• If you do have separate policies, make sure they fit neatly withyour overarching CP policy and with each other

Separate policies

Separate polices could include:

• Prevent, Child Sexual Exploitation, FGM, managing allegations,children missing education, e-safety, work placements, hostfamilies

• If you use separate policies, note them in the opening to your CPpolicy

Separate policies

Remember:

• If it is right for your school; and• The staff understand your policies; and• You remain complaint with guidance; and• You can comfortably explain to Ofsted why it works

…then having some separate policies is right for you

This session









Dissemination

• How accessible is your safeguarding policy?• Website• Internally

• If you asked your staff, from where would they say they accessedit?

• Would the answers be consistent?

Dissemination

• How do you disseminate your policy once it has beenapproved?• Email to staff• Staff meetings• Training update• Short training video on the key changes

• No right or wrong answer, it’s about outcomes – do staffknow your policy and where to find it?

Dissemination

How do you evidence your effective dissemination?

Training needs

• Horses for courses – different staff need a different level oftraining and for it to be delivered in different ways:• DSL• Governors• Cleaners• Office staff• Front line staff

• What do they need to know and what approach is required to helpthem know it?

Training needs

• Extension of dissemination

• How do you train your staff on your policy and guidancerequirements?• Inset days• Staff meetings• Online training

• How do you measure and record the success of the training?

Training needs

• Record of attendance

• Post session quiz

• Refresher training

• What evidence can you then present to Ofsted?

Any questions?

Find out more

www.brownejacobson.com/education

Talk to us

Katie Michelon | 0115 976 6189 | [email protected]

Please note

The information contained in these notes is based on the position at February2017. It does, of course, only represent a summary of the subject matter coveredand is not intended to be a substitute for detailed advice. If you would like todiscuss any of the matters covered in further detail, our team would be happy todo so.

© Browne Jacobson LLP 2017. Browne Jacobson LLP is a limited liabilitypartnership.

Education law conference, March 2017 - Nottingham - Policy drafting masterclass

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