1. Safeguarding Children – a Professional Duty
Article contributed by Christopher Elliot-Newman, Lead Countersignatory of First Standard Limited.
Recent scandals in Rotherham, Sheffield and Oxfordshire concerning the systematic
abuse of children and the multi-agency failures to listen to them and take their
concerns seriously, have brought the need for rigorous and effective safeguarding
procedures back into our collective conscience. Politicians when commenting upon
these reports frequently resort to the over-used phrase of learning lessons from the
past so that such events cannot recur again.
But what lessons are learnt? What action is being taken? … and by whom? How
do we as a community ensure that every child in this country is protected from those
predators who take pleasure from causing them harm?
Police forces throughout the United Kingdom can exercise greater care in
responding to reports of abuse. The Crown Prosecution Service has an important
role to play in bringing cases before the Courts; and the Criminal Justice System
needs to be rigorous in its consideration of the evidence presented and be more
willing to pay heed to the witness statements provided by the victims, of whatever
age.
But … before those of us involved in education sit back on our laurels and put all the
responsibility on external authorities, should we not be examining our own
procedures to see if they stand up to the rigorous tests we expect of others?

2. When did your school or college last review its safeguarding policies, protocols and
procedures?
How comprehensive was that review? Did it, for example, include every member of
staff so that all of them, teaching and non-teaching alike, are fully aware not only of
the policies but of their individual and corporate responsibility to protect the children
and young people whom they serve?
Have you established clear protocols governing the behaviour expected of staff
towards the children and young people? Have these been shared with the children
as well as the staff?
Have you considered appropriate educational support for children so they are given
permission to report to a responsible adult when they are made to feel uncomfortable
by the actions of a member of staff or visitor, or even an older pupil?
Do the children and young people have clear pathways to report so that they have a
choice of adults they can trust to whom they can express their concerns?
Have the adults been given appropriate training so that they know how to listen to
and how to hear what the children are saying?
Are the procedures for reporting and investigating complaints understood by every
member of staff? Has the governing body … have the trustees … been involved?
Are the parents aware of the steps that you take to protect their children and of how
they may bring concerns about the behaviour of a member of staff to your attention?
Since the introduction of CRB checks by the Criminal Records Bureau in March
2002, all those working within schools have been deemed to be in regulated activity,
which requires them to be subject to the discipline of Enhanced Disclosures,
including checks against the barred lists [i.e. the registers of those who are barred
from working with children and young people]. That there have been administrative
problems in the management of CRBs, as they became known, or Disclosures as

3. they are properly called, is not in dispute. Never-the-less, although the process of
completing the checks can be arduous at times, there is no excuse for not ensuring
that the checks are carried out and for keeping them up to date.
On their own, of course, Disclosure Checks will never be sufficient, but they are an
important tool within the Safeguarding protocol of every school and college. They
inform the recruitment process and provide a means of checking the suitability of
staff to work in this area. The Update service, introduced by the Disclosure &
Barring Service in June 2013, affords the means of incorporating checks on the
status of the Disclosure Certificate into the annual appraisal process.
The success of the Update Service is dependent upon two key elements –
1. The individual has to subscribe to the registration process. This is free of
charge for volunteers, but is subject to an annual fee of £13.00 for paid
employees. There is no charge to the employer for checking the status of the
certificate, which can be done at any time with the permission of the individual
concerned.
2. The employer has a robust system in place to ensure that adverse behaviour
is properly investigated and reported to the Disclosure & Barring Service
[DBS] This is a legal requirement under the Safeguarding Vulnerable Groups
Act 2006 (Prescribed Information) Regulations 2008 where they -
a. sacked them because they harmed someone
b. sacked them or removed them from working in regulated activity
because they might have harmed someone
c. were planning to sack them for either of these reasons, but they
resigned first
Referral to the DBS
The employer has an important role to play in assessing the original complaint made
against a member of staff by a child in their care: Does the reported behaviour

4. represent the risk of harm to the child or young person? If so, what steps should we
take to verify the legitimacy of the complaint? Should we report it to the police? Do
we suspend the member of staff pending the outcome of the investigation? How far
do we take responsibility for determining the future employment of the person
concerned?
There is a very carefully structured process for investigation of incidents reported to
the DBS which is designed to ensure that no-one is barred for trivial reasons.
As the employer, it is not your responsibility to determine the innocence or guilt of
the person against whom the complaint has been made. However, it is essential
that you do conduct an investigation, for example as part of an internal disciplinary
procedure, and gather what evidence you can to establish if the allegation has
foundation.
If, having talked to both the child (and their parents) and the member of staff you
have reason to believe
1. that conduct that has endangered a child or is likely to endanger a child has
occurred; or
2. that there is credible evidence of a risk of harm to children, such as
statements made by the individual regarding conduct or behaviour;
then you should report it to the police … and you have a legal duty to refer it to the
DBS using the referral form, which is available on-line.
A referral to the DBS ensures than an independent, impartial and structured
approach is used in assessing future risk on people who may continue to be a
safeguarding concern because of their actions or behaviour.
The DBS is independent of the Crown Prosecution Service [CPS] and makes its
decision concerning the inclusion of the individual on the ISA children’s list based on
the evidence provided by the employer at the time of the referral together with
information that may have been provided by a previous employer. It may place a

5. person on the register of those barred from working with children even if the CPS
determines that there is insufficient evidence to support a criminal conviction.
Lessons to be learned?
Certainly, but only if action is taken by all schools to review their safeguarding
procedures on a regular basis and ensure that all members of staff and of the
governing body know how to respond when a child makes a complaint, or is clearly
uncomfortable, about the behaviour or attitude of an adult towards them.
The objective is to protect children from the risk of harm – we must not wait until
harm has incurred and the injury has been done.
At the same time, consider conducting a review of your records for Disclosure
checks. Are any of them more than three (3) years old? Should you be renewing
them? When doing so, consider persuading the member of staff or volunteer to
subscribe to the DBS Update Service as this will save time and money in the future
and facilitate safeguarding being included in your annual appraisal procedures.
If support is needed in developing your procedures, First Standard has 13 years of
experience of working as an Umbrella Body supporting schools and other
organisations access the Disclosure Service. They can be contacted by email:
checks@firststandardltd.co.uk or telephone: 01434 600547
Disclosure Checks throughout the United Kingdom