Safeguarding Duty of Care
Safeguarding and promoting the welfare of children and young people is defined as:
- Protecting children from maltreatment
- Preventing impairment of children’s mental and physical health or development
- Ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and
- Taking action to enable all children to have the best outcomes
(Keeping Children Safe in Education (KCSIE), DfE, September 2022)
Abuse is a form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting by those known to them or, more rarely, by others. Abuse can take place wholly online, or technology may be used to facilitate offline abuse. Children may be abused by an adult or adults or by another child or children (KCSIE, 2022, para 26).
Safer Recruitment
The Safeguarding Vulnerable Groups Act 2006 and The Tutors’ Association Code of Conduct requires Green Tutors to carry out specific vetting (enhanced DBS and barred list checks) on staff or tutors if they work with children and vulnerable people.
Interview
All tutors must successfully pass a live, online interview before being admitted onto the faculty.
ID Verification
Tutors will be required to provide proof of identification during their live interview. This will be verified by the interviewer during the live interview.
Green Tutors conducts live, virtual interviews as well as each tutor is subject to lesson observations periodically as a secondary control.
Criminal Background Checks
We require all tutors to have a valid enhanced Criminal Background check to tutor on the platform.
Green Tutors considers a criminal background record check to be valid if it:
- Is an up to date enhanced DBS check
- Is issued in the UK
- Details Children’s Barred List Information
- Is relevant to the tutor’s place of work and previous address history
All new tutors joining the platform will be required to have an updated Enhanced DBS Check with Child Barring Service, unless they are registered on the DBS Update Service prior to starting on the platform. Tutors who teach or reside in Scotland, Wales, NI or abroad may be subject to additional checks at the request of Green Tutors.
Section 242 of KCSIE 2022 states “Once the checks are complete, the DBS will send a DBS certificate to the applicant. The applicant must show the original paper DBS certificate to their potential employer before they take up the post, or as soon as practicable afterwards.”
Green Tutors uses UCheck, a certified screening provider to carry out any new criminal background checks. UCheck provides confirmation to Green Tutors on whether a tutor has convictions before sending a certificate to the individual. Green Tutors uses this result to determine appointments.
All tutors must share a copy of their DBS certificate with Green Tutors once it has been issued. Green Tutors will retain a copy of the certificate and confirm renewal annually, in line with KCSIE 2022 guidance.
Tutors will not be allowed to join the platform until we have received the results of their DBS check from our DBS online screening partner.
Tutors on the Update Service will be expected to provide a copy of the original DBS certificate to Green Tutors so a check can be conducted before they gain access to the platform.
As an organisation using Disclosure information for the purpose of assessing an applicant’s suitability for employment purposes we undertake to treat all applicants fairly. We undertake not to discriminate unfairly against any subject of a Disclosure on the basis of a conviction or other information revealed.
We are committed to the fair treatment of our staff, potential staff or users of its services, regardless of race, gender, religion, sexual orientation, responsibilities for dependants, age, physical/mental disability or offending background.
A Disclosure should only be requested after a thorough risk assessment has indicated that one is both proportionate and relevant to the position concerned. For those positions where a disclosure is required, all application forms, job adverts, and recruitment briefs will contain a statement that a Disclosure will be requested.
Unless the nature of the position allows us to ask questions about your entire criminal record, we will only ask about “Unspent” convictions as defined in the Rehabilitation of Offenders Act 1974.
Reference Checks
All tutors are required to submit a minimum of 2 reference checks before gaining access to the platform.
Reference checks must be:
- Addressed to Green Tutors
- Either from previous employment, an academic source or a recognised professional who has been known to the applicant for a minimum of 6 months
- Confirm dates of employment
- Confirm that the candidate is suitable to work with children
References will be asked for during onboarding. If a tutor fails to have 2 complete and relevant references, they will not be permitted to tutor on the faculty.
Tutor Training
Green Tutors, partnered with Qualified Tutor, believes that training and raising awareness of safeguarding issues, policies and procedures is fundamental to the development and maintenance of a safer environment, safer organisation and safer staff/ tutors.
We ensure that appropriate safeguarding training is provided to all staff and tutors to assist them in:
- preventing abuse
- recognising abuse
- recording concerns
- responding appropriately to allegations of abuse
- knowing who to tell, and
- when information can be shared.
Safeguarding training at the appropriate level to the role and responsibilities held is a mandatory element of all inductions for staff and tutors. Furthermore, safeguarding training is not regarded as a ‘once only’ activity, but as an ongoing development of skills and knowledge of safeguarding practices.
Monitoring the working practice of staff and tutors is undertaken not less than once per year through the appropriate supervision mechanisms such as online courses and quizzes to ensure the requirements of this policy and supporting procedures are being met.
What To Do If You Have A Safeguarding Concern
Reporting
It’s vital that you report any safeguarding concerns to Green Tutors Designated Safeguarding Officer so we can investigate fully. All Safeguarding concerns will be investigated within 24 hours of Green Tutors receiving the report.
To help the team respond and refer appropriately you should follow the guidance below.
- Remember that concern documents are used in court cases and inquests as evidence.
- Reports should be objective and detailed.
- Please alert the team as soon as possible. It can take several hours to deal with even urgent concerns and the earlier we start the better
Green Tutors will deal appropriately and promptly with all allegations or concerns and refer all safeguarding concerns or allegations about its directors, staff or tutors immediately to the appropriate local authority designated officer (LADO) in accordance with local safeguarding procedures and practical guidance, in accordance with the statutory guidance Working Together to Safeguard Children, 2018.
Green Tutors will consider immediate suspension (without prejudice) if a safeguarding allegation is made against any staff member or tutor pending investigation when there is cause to suspect that another child(ren) is/are at risk of harm from their continued contact with children. Refer to KCSIE 2022, Part 4: 379.
Suspension will also be considered even if the allegation is not linked to their role or activity with Green Tutors.
Disclosure
Once a disclosure has been made or a concern has been shared, the Safeguarding Team will consider the information, if necessary, taking advice, and will make a decision to either:
- Keep detailed records of the concern with no further action at this time
- Make a child protection referral to Children’s Social Care
- Report any concerns about unsafe practice by any of its directors, staff or tutors to the Disclosure and Barring Service (DBS)
Where a child is suffering, or is likely to suffer from harm, it is important that a referral to children’s social care (and if appropriate the police) is made immediately.
Once the decision is made to make a referral the Safeguarding Team will contact the relevant Children’s Social Care Team and make a telephone referral. This must be followed up in writing within 24 hours.
Emergency responses
Where a child is identified at immediate risk of harm then tutor will immediately contact the Designated Safeguarding Lead who will in turn contact the Police for the areas where the risk is located using 999.
Green Tutors Staff and Tutors
All Green Tutors staff and tutors have a shared responsibility to safeguard and promote the welfare of children and young people. They should know how to recognise, respond to, report and record any safeguarding concerns.
All staff and tutors are responsible for following the organisation’s safeguarding procedures for reporting any concerns relating to abuse or neglect or suspected abuse or neglect of any child or young person immediately.
In an emergency staff and tutors will be expected to report urgent concerns directly to the relevant statutory agency.
Complaints
If a complaint is identified as a potential safeguarding concern, then the Safeguarding Procedures will be followed.
Underpinning Legislation And Guidance
Legislation
- Children Act 1989
- Human Rights Act 1998
- United Nations Convention on the Rights of the Child, 1991
- Sexual Offences Act 2003
- Female Genital Mutilation Act 2003
- Children Act 2004
- Safeguarding Vulnerable Groups Act 2006
- The Forced Marriage (Civil Protection) Act 2007
- The Equality Act 2010
- Children and Families Act 2014
- Anti-Social Behaviour, Crime and Policing Act 2014
- Modern Slavery Act 2015
- Counter Terrorism and Security Act 2015
- Children and Social Work Act 2017
- Data Protection Act 2018
- Voyeurism (Offences) Act 2019
- Domestic Abuse Act 2021
- Children’s Code (issued under S125 DPA 2018, effective Oct 2021)
Guidance
What to do if you’re worried about a Child is being Abused, 2015
Child Sexual Exploitation Guidance 2017
Information Sharing Advice for Safeguarding Practitioners 2018
Working Together to Safeguard Children 2018 places a general duty on schools to work and cooperate with other agencies to safeguard and promote the welfare of children. Green Tutors is committed to do this by having an open, honest and transparent line of communication.
Guidance for Safer Working Practice for those working with children and young people in education settings, May 2019
Keeping Children Safe in Education 2022 (KCSIE) is statutory guidance issued from the Department for Education under Section 175 of the Education Act 2002. Schools and colleges must have regard to this when carrying out their duties to safeguard and promote the wellbeing of children.
sexual violence and sexual harassment between children in schools and colleges 2021 – the advice provided by the DfE sets out what sexual violence and sexual harassment is, how to minimise the risk of it occurring and what to do when it does occur or is alleged to have occurred.
Children’s Code is a statutory code of practice that articulates how online services likely to be accessed by children should comply with the UK GDPR when using children’s data.
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