ECG STAFF WEBSITE

Child Protection Policy

This section of the site contains the current child protection policy.

Comments for the policy are always greatly received and you can contact me by clicking here.  Peter Harvey.

The Policy

Review Date 04.2006

Based on the CHILDREN ACT 1989

'Child Protection' involves minimising risk of significant harm to children (physical, emotional, sexual, illnesses, neglect, accident) and making the correct response in the event of crisis. 'Abuse' is the deliberate infliction of significant harm.

The procedure to follow in the event of a member of staff suspecting or identifying child abuse is stated below.

1 If any member of staff (full-time or part-time):

• suspects child abuse is occurring
• suspects child abuse has occurred, involving a present or former pupil
• identifies child abuse
• has child abuse reported to him or her

he or she must report what he or she knows or suspects immediately to any of the persons listed below.

a) The trainer of the pupil concerned.

b) The member of staff with special responsibility for the Children Act within the School.

c) The Course Director or On-Call Manager.

2. Detailed notes should be made by all adults involved when the first allegations are made. These may be required by the On-Call Manager or the police. A written report will be made.

3. In the event of serious allegations being made, the Course Director must:-

• inform the On-Call Manager immediately
• inform the Medical Officer immediately.

4. Arrangements for counselling the child and informing the parents will be made by the Course Director in consultation with the On-Call Director.

(Under the Children Act, it is obligatory for all residential centres to have a written procedure advising staff what to do in the event of actual or suspected child abuse; every member of staff should have a copy of the procedure for the given site.)

^ top

Use of Reasonable Force to Control or Constrain Pupils

Introduction

1. The Education Act 1997 (Section 4) clarified the position about the use of physical force by trainers and others authorised by the Head trainer of a school, to control or restrain pupils. The clarification was made by adding a section (Section 550A) to the Education Act 1996. This new section came into force on 1 September 1998 and applies to all schools. Since the Children Act 1989, there is a common misconception that any physical contact with a child is in some way unlawful. This is not true. Where necessary, reasonable force can be used to control or restrain pupils. Physical contact with pupils may also be appropriate or necessary in other circumstances (see paragraphs 20 and 21 below). The ECG policy regarding the use of reasonable force to control or constrain pupils is stated below; it is based on current legislation.

Corporal Punishment

2. No member of ECG staff may use any degree of physical contact which is deliberately intended to punish a pupil, or which is primarily intended to cause pain or injury or humiliation. This ban is absolute. It applies, regardless of the seriousness of the pupil's misbehaviour, or the degree of provocation.

Circumstances When Reasonable Force May Be Used

3. Trainers, and other members of staff who are authorised by the Course Director (see paragraph 6 below), are allowed to use such force as is reasonable in all the circumstances to prevent a pupil from doing, or continuing to do, any of the following.

(a) Committing a criminal offence (including behaving in a way that would be an offence if the pupil were not under the age of criminal responsibility).

(b) Injuring themselves or others.

(c) Engaging in any behaviour prejudicial to maintaining good order and discipline at the school or among any of its pupils, whether that behaviour occurs in a classroom during a lesson or elsewhere.

4. This applies at any time where a trainer, or other authorised member of staff, is on the school premises, and when he or she has lawful control or charge of the pupil concerned elsewhere, eg on an activity day or other authorised out of school activity.

Meaning of Reasonable Force

5. There is no legal definition of reasonable force. It is therefore not possible to set out comprehensively when it is reasonable to use force, or the degree of force that may reasonably be used. It will always depend on all the circumstances of the case. However, there are two relevant considerations.

(a)  The use of force can be regarded as reasonable only if the circumstances of the particular incident warrant it. The use of any degree of force is unlawful if the particular circumstances do not warrant the use of physical force. Therefore physical force could not be justified to prevent a pupil from committing a trivial misdemeanour (eg dropping litter).

(b) The degree of force employed must be in proportion to the circumstances of the incident and the seriousness of the behaviour or the consequences it is intended to prevent. Any force used should always be the minimum needed to achieve the desired result. Whether it is reasonable to use force, and the degree of force that could reasonable be employed, might also depend on the age and sex of the child.

Situations in which physical intervention might be appropriate or necessary

6. There is a wide variety of situations in which reasonable force might be appropriate to control or restrain a pupil. The following are some examples of situations in which the use of reasonable force might be appropriate:

• pupils fighting;
• a pupil is engaged in, or is on the verge of committing, deliberate damage or vandalism to property;
• a pupil is causing, or at risk of causing, injury or damage by accident, by rough play, or by misuse of dangerous materials or objects;
• a pupil is running or behaving in a way in which he or she might have or cause an accident likely to injure him or herself or others;
• a pupil persistently refuses to obey an order to leave a room or area;
• a pupil is behaving in a way that is seriously disrupting a training session;
• a pupil absconds from a session or tries to leave the training venue (NB this will only apply if a pupil could be at risk if not kept in the training venue or at school).

Application of Force

7. Physical intervention can take several forms. It might involve a trainer physically interposing between pupils or blocking a pupil's path, or it may involve touching, holding, pushing, pulling, leading a pupil by the arm, or shepherding a pupil away by placing a hand in the centre of the back.

8. Where it is necessary to use force a trainer should not, except in the most exceptional circumstances where there is no alternative, do so in a way that might reasonably be expected to cause injury, for example by:

• holding a pupil around the neck, or by the collar, or in any other way that might restrict the pupil's ability to breathe;
• slapping, punching or kicking a pupil;
• twisting or forcing limbs against a joint;
• tripping up a pupil;
• holding or pulling a pupil by the hair;

9. Trainers should always avoid touching or holding a pupil in a way that might be considered indecent.

10. Where there is an immediate risk of injury, or damage to property, an trainer may have to intervene physically straight away. For example to prevent a young pupil running off a pavement on to a busy road, or to prevent a pupil hitting someone, or throwing something.

11. Where the risk is not so urgent the trainer should consider carefully whether, and if so when, physical intervention is appropriate. Trainers should always attempt to deal with a situation through other strategies before using force. All trainers need to develop strategies and techniques for dealing with difficult pupils and situations which they should use to defuse and calm a situation. Force should only be used when other methods have failed.

12. Before intervening physically a trainer should, wherever practicable, instruct the pupil who is misbehaving to stop, and explain the consequence of failing to comply. The trainer should continue talking to the pupil throughout the incident, and should make it clear that physical contact/restraint will stop as soon as the pupil complies with the trainer's instructions. A calm and measured approach to a situation is needed and trainers should never give the impression that they have lost their temper, or are acting out of anger or frustration, or to punish the pupil.

13. Sometimes a trainer should not intervene in an incident without help (unless it is an emergency). For example, when dealing with an older pupil, or a physically large pupil, or more than one pupil, or if the trainer believes he or she may be at risk of injury. In those circumstances the trainer should remove other pupils who might be at risk, and summon assistance for a colleague or colleagues, or where necessary call the Police. The trainer should inform the pupil(s) that he or she has sent for help. Until assistance arrives the trainer should continue to attempt to defuse the situation orally, and try to prevent the incident from escalating.

Recording Incidents

14. It is important that there is a detailed, as nearly contemporaneous as possible, written report of any occasion where force is used. It may help prevent any misunderstanding or misrepresentation of the incident, and it will be helpful in the event of a complaint.

15. Schools should keep an up to date record of all incidents in which force is used by a member of staff to control or restrain a pupil, preferably in an incident book. Immediately following any such incident the member of staff concerned should report the matter orally to the Course Director or a senior member of staff and provide a written report as soon as possible afterwards. That should include:

• the name(s) of the pupil(s) involved and when and where the incident took place;
• the names of any other staff or pupils who witnessed the incident;
• the reason that force was necessary (eg to prevent injury to the pupil/another pupil/member of staff);
• how the incident began and progressed, including details of the pupil's behaviour, what was said by each of the parties, the steps taken to defuse/calm the situation, the degree of force used, how that was applied, and for how long;
• the pupil's response and the outcome of the incident;
• details of any injury suffered by the pupil, another pupil, or a member of staff and of any damage to property.

16. Staff may find it helpful to seek advice from a senior colleague or a representative of their professional association when compiling a report. They should also keep a copy of the report.

Complaints

17. Incidents involving the use of force can cause the parents of the pupil involved great concern. It is always advisable to inform parents of an incident involving their child, and give them an opportunity to discuss it. The Course Director, or a senior member of staff to whom the incident is reported, will need to consider whether that should be done straight away or at the end of the day, and whether parents should be told orally or in writing.

18. Involving parents when an incident occurs with their child, plus a clear policy about physical contact with pupils that is adhered to by staff, should help to avoid complaints from parents. It will not prevent all complaints, however, and a dispute about the use of force by a member of staff might lead to an investigation, either under disciplinary procedures or by the police and social services department under child protection procedures. DfEE Circular 10/95: Protecting Children From Abuse gives guidance about the latter, and about procedures for dealing with allegations against trainers.

19. The possibility that a complaint might result in a disciplinary hearing, or a criminal prosecution, or in a civil action brought by a pupil or parent, cannot be ruled out. In those circumstances it would be for the disciplinary panel or the court to decide whether the use and degree of force was reasonable in all the circumstances. In that event, however, the panel, or court would have regard to the provisions of Section 550A of the Education Act 1996. It would also be likely to take account of the company's policy in regard to restraint, whether that had been followed, and the need to prevent injury, damage, or disruption.

Physical Contact With Pupils In Other Circumstances

20. There are situations in which physical contact with a pupil may be appropriate or necessary other than those covered by Section 550A or the Education Act 1996. Some physical contact may be necessary to demonstrate exercises or techniques in the course of activities or sports coaching, or if a member of staff has to administer first aid. Touching may also be appropriate where a pupil is in distress and needs comforting. Trainers will use their own professional judgement when they feel a pupil needs this kind of support.

21. There may be some children for whom touching is particularly unwelcome. It is important that all staff receive information on these children. For example, pupils from some minority groups may be particularly sensitive to physical contact by staff. Similarly, there should be a common approach where staff and students are of the opposite sex to each other. Physical contact between trainers and pupils of the opposite sex becomes increasingly open to question as pupils reach and proceed through adolescence. Trainers should also bear in mind that even innocent and well-intentioned physical contact can sometimes be misconstrued.

^ top

BULLYING: ADVICE TO STAFF

The Problem

All schools in the world seem to suffer in varying degrees from the problem of bullying. ECG Trainers work in a number of schools and these guidelines act along side the school's own policy. All staff must ensure they have access to the bullying policy of the School or College they are working with.

Definition

Bullying may be defined as hurtful behaviour, deliberate or perceived, usually repeated over a period of time, where it is difficult for those bullied to defend themselves. It can take many forms, but the three main types are physical (e.g. hitting, kicking, theft or abuse of property), verbal (e.g. racist or homophobic remarks, threats or name calling) and emotional (e.g. isolating an individual from the activities and social acceptance of their peer group).

Policy

It is our fundamental belief that every pupil has a right to pursue his or her education free from adverse interference from other pupils. We are committed to providing a caring, friendly and safe environment for all our pupils. Bullying of any kind will not be tolerated by ECG.

Staff Awareness

All staff need to be aware of the possibility of a problem arising. Bullying may occur in different places:

a) In the Dormitories - day or night - e.g. "room trashing", theft, cold baths, practical jokes.

b) Before or after sessions - e.g. stealing a pencil case, verbal abuse, an isolated child "hiding" in a classroom.

c) During activities.

d) During meals - e.g. queue barging, isolation by excluding peers from table.

Beware the joke which is not funny.

Beware the game which not everyone is playing.

Beware the accident which was not an accident.

Beware the loan which is never returned.

Staff Action

a) During Training sessions :

i) The trainers need to define a clear, fair set of rules, which protect the interests of all course members. Trainers must not be bullies themselves!

ii) Trainers need to remember that they teach people, as well as their subject. Almost as much thought needs to go into how to manage a group, how to discipline or deal with issues such as bullying, as into the preparation of teaching material. Care should be exercised when dealing with the parties involved. There may be more to an incident than meets the eye: for example, a victim's reaction could be mistaken for bullying.

iii) The loud and assertive (or aggressive) pupils should not be allowed to dominate; everyone should be involved in course discussions and nobody 'rubbished'. This is an essential part of the training. In a poorly disciplined course, bullying and yobbishness will flourish.

iv) Punctuality is vital. A lot of bullying occurs before a session starts or as pupils go from one activity to the next.

b) In residential stays :

Ideally, a trainer or adult member of course staff, such as a teacher, should be within close proximity twenty four hours a day. Course staff should be available for informal discussion as often as possible. Trainers should feel free to go into the acommodation at any time. Visiting the accomodation regularly reduces yobbish or unpleasant behaviour. There must be an adult presence with every group, every evening. It is not satisfactory for any dormitory or accomodation, whether on school premises or not, to be looked after by course staff in a neighbouring building; this is very poor practice.

c) During Activities :

Staff should not tolerate yobbish or rude behaviour, regardless of circumstances.

d) In the Dining Hall :

This is a potentially difficult area to manage and the Course Director needs full support of all the staff to ensure civilised behaviour. Major problems have involved queue barging, harassing staff, mobbing behaviour, exclusion of individuals.

Dealing with the Bully

a) Much of this may be done by the trainer on the spot e.g. "That was unpleasant", "That was unnecessary". A note may be sent to the Course Director if a pupil is habitually unpleasant during training sessions or activities. The Course Director should file it to use if a picture emerges. Do not accept lies or false excuses: "I didn't do it, he's got the wrong end of the stick"; "It was a game"; "We were having a joke"; "It was an accident"; "He offered to lend it to me". (These matters, however, are hard to prove when the victim has no witnesses to back him up.)

b) All Instances apparently involving bullying must be reported to the Course Director, who will record the incidents and consequent action taken. Any serious incidents of bullying or reports of habitual bullies will be reported to the appropriate channels.

c) If uncertain, seek advice from the Course Director on how to proceed.

d) Our priority is to prevent bullying, rather than punish for it. It should be recognised, however, that bullying is a major offence and may be punished by suspension or, ultimately, expulsion from the course.

Supporting the Victim

Support may be given by:

a) telling the victim she/he is not alone in this,

b) building up self-esteem,

c) trying to analyse if there is something they do that causes them to be bullied,

d) teaching them to be more assertive (not aggressive).

Support may be provided by the trainers or other course staff.

PHCH
April 2003

^ top