This document is a response to recent changes in legislation and takes account of the provisions of each of the following:
- Freedom of Information Act 1997
- The Education Act 1998
- The Child Welfare Act 2000
- Children First – National Guidance for the Protection and Welfare of Children 2011 (Dept. of Children and Youth Affairs, 2011)
- Child Protection Procedures for Primary and Post Primary Schools (Dept. of Education & Skills, 2011).
The Board of Management recognises that child protection and welfare considerations permeate all aspects of school life and must be reflected in all of the school’s policies, practices and activities. Therefore, in accordance with the requirements of the Department of Education and Skills, Child Protection Procedures for Primary and Post Primary Schools, the Board of Management of St. Nicholas National School has agreed the following child protection policy:
1.
The Board of Management has adopted and will implement fully and without modification the Department’s Child Protection Procedures for Primary and Post Primary Schools as part of this overall child protection policy.
2. Designated Liaison Person (DLP)
The Designated Liaison Person (DLP) is Mrs Susan Reyburn (Principal).
The DLP has specific responsibility for child protection and will represent the school in all correspondence with the HSE, An Garda Síochána and other parties, where there are reasonable grounds for suspicion or where an allegation of abuse has been made. All matters pertaining to the processing or investigation of child abuse should be processed through the DLP (DES Procedures 3:2).
In addition to informing the school authority of those cases where a report involving a child in the school has been submitted to the HSE, the DLP shall also inform the school authority of cases where the DLP sought advice from the HSE and as a result of this advice, no report was made. At each meeting of the Board of Management, the agenda includes an item on Child Protection; the Principal shall inform the Board of the number of all such cases and this shall be recorded in the minutes of the board meeting.
3. Deputy Designated Liaison Person
The Deputy Designated Liaison Person (Deputy DLP) is Mrs. Avril Field (Deputy Principal).
The names of the Designated Liaison Person (DLP) and Deputy DLP are displayed in a
prominent position near the main entrance to the school.
4. Principles of best practice in child protection and welfare
In its policies, practices and activities, St. Nicholas National School will adhere to the following principles of best practice in child protection and welfare. The school will recognise that the protection and welfare of children is of paramount importance, regardless of all other considerations and will:
- Fully co-operate with the relevant statutory authorities in relation to child protection and welfare matters.
- Adopt safe practices to minimise the possibility of harm or accidents happening to children and protect workers from the necessity to take unnecessary risks that may leave themselves open to accusations of abuse or neglect.
- Develop a practice of openness with parents and encourage parental involvement in the education of their children.
- Fully respect confidentiality requirements in dealing with child protection matters.
Confidentiality
All information regarding concerns of possible child abuse should only be shared on a ‘need to know’ basis in the interests of the child. The giving of information to those who need to have that information is not a breach of confidentiality. This procedure exists for the protection of a child who may have been or has been abused. The DLP who is submitting a report to the HSE or An Garda Síochána should inform a parent/guardian, unless doing so is likely to endanger the child or place that child at further risk. A decision not to inform a parent/guardian should be briefly recorded together with the reasons for not doing so.
In emergency situations, where the HSE cannot be contacted, and the child appears to be at immediate and serious risk, An Garda Síochána should be contacted immediately. A child should not be left in a dangerous situation pending HSE intervention.
Protection for Persons Reporting Child Abuse
The Protection for Persons Reporting Child Abuse Act 1998 provides immunity from civil liability to any person who reports child abuse ‘reasonably and in good faith’ to designated officers of the HSE or any member of An Garda Síochána (DES Procedures 1:10).
Qualified Privilege
People making a report to the DLP in good faith have ‘qualified privilege’ under common law. Reports made to the HSE may be subject to provisions of the Freedom of Information Act, 1997. This act enables members of the public to obtain access to personal information relating to them which is in the possession of public bodies. However, the act also provides that public bodies may refuse access to information obtained by them in confidence (DES Procedures 1:11).
Definition and Recognition of Child Abuse
Child abuse can be categorised into four different types:
- Neglect
- Emotional abuse
- Physical abuse
- Sexual abuse
Each of these categories is defined in full in Children First but for the purpose of this policy attention is drawn to the stated definition of ‘neglect’.
Neglect can be defined in terms of an omission, where the child suffers significant harm or impairment of development by being deprived of food, clothing, warmth, hygiene, intellectual stimulation, supervision and safety, attachment to and affection from adults, medical care.
Guidelines for Recognition of Child Abuse
A list of child abuse indicators is contained in Children First, Chapter 2. This policy draws particular attention to ‘persistent evidence’ of neglect, including indicators such as no lunch, lack of uniform, no homework, poor attendance, persistent health problems, lack of sleep, inappropriate television viewing late at night and other evidence that would indicate lack of supervision in the home. All signs and symptoms must be examined in the total context of the child’s situation and family circumstances.
There are commonly three stages in the identification of child abuse:
- Considering the possibility
- Looking out for signs of abuse
- Recording of information
Each of these stages is developed in Children First 2:2.
Handling Disclosures from Children
DES Procedures 3:5 gives comprehensive details of how disclosures should be approached. Staffs are advised to deal with each situation sensitively, reassure the child but not to make promises that cannot be fulfilled.
The adult should not ask leading questions or make suggestions. They should explain that further help may have to be sought. The discussion should then be recorded accurately.
The record should include reference to what was observed with sketches of physical injury where necessary. It should also record when the alleged incident took place. Records should be kept in a secure place. The information should then be conveyed to the school DLP.
If the reporting person and the DLP are satisfied that there are reasonable grounds for the suspicion/allegation, the procedures outlined in Children First must be adhered to. Standardised reporting forms should be used (DES Procedures, Appendix 4). The content of the report should follow the guidance in Children First.
Allegations or Suspicions in relation to School Employees (DES Procedures, Chapter 5)
The Chairperson and the DLP are primarily concerned with the protection of the children in their care. However, employees must be protected against false and malicious claims.
Legal advice should be sought by the board in relation to the employee. If the allegation is against the DLP, the Chairperson of the BOM will assume the responsibility for reporting the matter to the HSE.
Reporting
When an allegation of abuse is made against a school employee, the DLP should act in accordance with the procedures outlined in Children First. A written statement of the allegation should be sought from the person/agency making the report. A parent/guardian may make a statement on behalf of a child. The DLP should always inform the Chairperson of the BOM and is responsible for liaising with the HSE. The Chairperson assumes responsibility for communicating with the employee.
School employees, other than the DLP, who receive allegations against another school employee, should immediately report the matter to the DLP. School employees who form suspicions regarding conduct of another school employee should consult with the DLP.
The employee should be informed by the Chairperson (i.e.: the Employer):
a. That an allegation has been made against him/her
b. The nature of the allegation
c. Whether or not the HSE or Gardaí has been informed.
The employee should be given a copy of the written allegation and any other relevant documentation. The employee should be requested to respond to the allegation in writing to the BOM within a specified period and told that this may be passed to the Gardaí, HSE and legal advisers.
The Chairperson must take the necessary steps to protect the child and may consult the BOM in this matter. The BOM may direct that the employee take administrative leave with pay and avoid suspension, thus removing any implication of guilt. The DES should be immediately informed.
5. School policies, practices and activities that are particularly relevant to child protection:
Physical contact between school personnel and the child should always be in response to the needs of the child and not the needs of the adult. While physical contact may be used to comfort, reassure or assist a child, the following should be factors in determining its appropriateness: It is acceptable to the child; it is open and not secretive; the age and developmental stage of the child.
Staff should not be alone in a classroom with one child or detain a child on their own after school.
School personnel should avoid doing anything of a personal nature for children that they can do for themselves. School personnel should never engage in or allow:
- The use of inappropriate language or behaviours
- Physical punishment of any kind
- Sexually provocative games or suggestive comments about or to a child
- The use of sexually explicit or pornographic material
All media products (video clips, CDs, DVDs etc.) should be checked for their appropriateness with regard to age and suitability.
Visitors/Guest Speakers
Vetted guest speakers and visiting teachers of varying disciplines, employed by the Board of Management of St. Nicholas National School to perform specific duties, will be allowed work with a class supervised by the class teacher at all times.
Visitors/Guest speakers should never be left alone with pupils. The school (principal/ teachers) has a responsibility to check out the credentials of the visitor/guest speaker and to ensure that the material in use is appropriate.
Children with specific toileting/intimate care needs
In all situations where a pupil needs assistance with toileting/intimate care, a meeting will be convened, after enrolment and before the child starts school, between parents/guardians, class teacher, Special Needs Assistant (if allocated), Principal and if appropriate the pupil. The purpose of the meeting will be to ascertain the specific needs of the child and to determine how the school can best meet those needs.
The staff to be involved in this care will be identified and provision will be made for occasions when the particular staff involved are absent. A written copy of what has been agreed will be made and kept in the child’s file.
Two members of staff will be present when dealing with intimate care/toileting needs. Any deviation from the agreed procedure will be recorded and notified to the DLP and the parents/guardians.
Toileting accidents
Clean underwear and suitable clothing will be kept in the school so that if a pupil has an ‘accident’ of this nature, they will in the first instance be offered fresh clothing into which they can change.
If the pupil for whatever reason cannot clean or change themselves and the parents/guardians cannot be contacted, the child will be assisted by members of staff familiar to the child. In all such situations, two members of staff should be present. A record of all such incidents will be kept and Principal and parents will be notified.
Accidents
While every precaution will be taken under our Health and Safety Statement to ensure the safety of children, we realise that accidents will happen. Accidents will be noted in our Incident book and will be addressed under our Accident Policy as part of Health and Safety.
One-to-one teaching
- It is the policy in this school that one-to-one teaching is often in the best interest of the child.
- Every effort will be made to ensure that this teaching takes place in an open environment and as our support rooms have glass panels in the doors the occupants are visible at all times.
- Parents of children who are to be involved in one-to-one teaching will be informed and their agreement sought.
- Work being carried out by Special Needs Assistants (if allocated) will be carried out under the direction of the class teacher in an open environment.
Changing for Games / PE / Swimming
Pupils will be expected to dress and undress themselves for Games/ PE/ Swimming. Where assistance is needed this will be done in the communal area and with the consent of parents. Under no circumstances will members of staff/ volunteers be expected to or allowed to dress/undress a child in a cubicle/private area. In such situations where privacy is required, the parents/guardians of the child will be asked to assist the child. Children from all classes take swimming lessons. We will endeavour to have two female members of staff/ volunteers in the female changing area.
The BOM of St. Nicholas has requested that all swimming volunteers apply to be vetted if not already vetted. In the interim, a Volunteer Form approved by the CPSMA will be in use. At all times there must be adequate supervision of pupils. While every effort will be made to adhere to best practice as agreed and outlined above, in the event of an emergency where this is not possible or practicable, a full record of the incident should be made and reported to the Principal and parents.
School Outings/Trips
Pupils will be supervised by St. Nicholas Staff at all times on school outings/trips.
SPHE
The strand units of the SPHE curriculum seek to enable children to develop assertiveness, body integrity, skills relating to self-care, respect for others, identification of feelings and skills necessary to recognise and tell of abuse. St. Nicholas National School fully implements the Stay Safe programme each year along with other SPHE material.
Attendance
Our school attendance will be monitored as per our Attendance Policy. With regard to child protection, we will pay particular attention to trends in non-attendance. Any pupil with a pattern on poor attendance will be monitored for signs of neglect/ physical/ emotional abuse.
Behaviour
Children are encouraged at all times to play co-operatively and inappropriate behaviour will be addressed under our Code of Behaviour. If an incident occurs which we consider to be of a sexualised nature we will notify the DLP who will record it and respond to it appropriately.
Bullying
Bullying behaviour will be addressed under our Anti-Bullying policy. If the behaviour involved is of a sexualised nature or regarded as being particularly abusive, then the matter will be referred to the DLP.
Children travelling in staff cars
Members of the school staff will not transport individual children in their cars at any time. But in the case where this must happen, two members of staff will accompany the child.
Communication
Every effort will be made to enhance pupil-teacher communication. If pupils have concerns they will be listened to sympathetically. The SPHE/Oral Language/RE programmes allow for open pupil-teacher communication, which aids the pupil-teacher relationship. If teachers have to communicate with pupils on a one-to-one basis, they are requested to leave the classroom door open or request a colleague to attend. Further details on communications are found in the school’s Communication Policy.
Induction of Staff
The DLP will be responsible for informing all new teachers and ancillary staff of Children First – National Guidance for the Protection and Welfare of Children (2011) and the Child Protection Procedures (DES, 2011). The DLP will give a copy of the Child Protection Guidelines and Procedures, Chapters 3 & 4 and Appendix 1 of Children First and this Child Protection Policy to all new staff. All new teachers are expected to teach the designated SPHE objectives for their class. A member of staff, once trained, will be responsible for the mentoring of new teachers and will be responsible for supporting new teachers as they implement the SPHE objectives.
Induction of Pupils
All parents and children will be made aware of attendance rules and their implications as laid down in the Education Welfare Act (2000). All parents will be informed of the programmes in place in the school that deal with personal development e.g. RSE, Walk Tall, Stay Safe and SPHE. All new parents will be given a copy of the school’s enrolment policy, which outlines the procedures parents and children should use when contacting the school if there are absences or concerns of an educational/personal/family matter. Parents are encouraged to make an appointment with the class teacher/principal if they wish to discuss their child’s progress. All parents will be given a copy of the school’s Code of Behaviour and Anti-Bullying policies.
Internet Safety
It is the intention of the Principal and Staff at St. Nicholas to ensure that child protection concerns will be addressed in the school’s Acceptable Use Policy as part of its Information and Communication Technology policy. The Stay Safe lessons in each classroom will be supplemented with a lesson from the Webwise resource pack recently made available to schools. (Ref: www.webwise.ie)
Record Keeping
Teachers will keep records on each child’s reports. Roll books will be updated daily. Sensitive information regarding children will be shared on a need-to-know basis. All educational files of pupils who no longer attend this school are kept in a locked storage cabinet. Further details on record keeping will be found in the school’s Record Keeping Policy.
Supervision
The school’s supervision policy will be followed by all staff to ensure that there is comprehensive supervision of children at all breaks. A rota will be displayed to cover both breaks. See Supervision Policy for agreed rules around break-times and procedures around teacher absences. Teachers will ensure that children are visible in the schoolyard. Children will not be allowed to spend time in classrooms, toilets or sheds where they would not be under adult supervision. They are not to leave the schoolyard or to engage with adults who are outside of the schoolyard.
The Board has ensured that the necessary policies, protocols or practices as appropriate are
in place in respect of each of the above listed items.
6. Availabiblity of this policy
This policy has been made available to school personnel and is readily accessible to parents on request. A copy of this policy will be made available to the Department and the patron if requested.
7. Policy Revision
This policy will be reviewed by the Board of Management once in every school year. A checklist is to be used in undertaking the review (see Appendix 1). The school has put in place an action plan to address any areas for improvement which might be identified in the annual review. The Board of Management shall make arrangements to inform school personnel that the review has been undertaken. Written notification that the review has been undertaken shall be provided to the school community, via the website. A record of the review and its outcome shall be made available, if requested, to the patron and the DES.