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1st STEPS NURSERY
AND PRESCHOOL

Safeguarding Policies

We have compiled some of our policies on this page in order to make them easily accessible. To view all our policies, use the button below:

Alongside associated procedures in 06.1-06.10 Safeguarding children, young people and vulnerable adults, this policy was adopted by 1st Steps Nursery & Preschool on June 2024

Designated safeguarding lead is: Suzannah Arnfield

Designated officer is: Niamh Herron

Aim

We are committed to safeguarding children, young people and vulnerable adults and will do this by putting young people and vulnerable adult’s right to be ‘strong, resilient and listened to ‘at the heart of all our activities.

The Early Years Alliance ‘four commitments’ are broad statements against which policies and procedures across the organisation will be drawn to provide a consistent and coherent strategy for safeguarding children young people and vulnerable adults in all services provided. The four key commitments are:

  1. The Alliance is committed to empowering children, young people, and vulnerable adults, promoting their right to be ‘strong, resilient, actively listened to, and heard’.
  1. The Alliance upholds a culture of safety in which children, young people and vulnerable adults are protected from abuse and harm in all areas of its curriculum and service delivery.
  1. The Alliance is committed to preventing harm and responding promptly and appropriately to all incidents or concerns of abuse that may occur. Working with statutory agencies to achieve the best possible outcomes for every child.
  1. The Alliance is dedicated to increasing safeguarding confidence, knowledge and good practice throughout its training and learning programmes for adults, advocating support and representation for those in greatest need.

NB: A ‘young person’ is defined as 16–19-year-old. In an early years setting, they may be a student, worker, or parent.

A ‘vulnerable adult’ (see guidance to the Care Act 2014) as: ‘a person aged 18 years or over, who is in receipt of or may need community care services by reason of ‘mental or other disability, age or illness and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation’. In early years, this person may be a service user, parent of a service user, or a volunteer.

Key Commitment 1

  • All staff receive adequate training in child protection matters and have access to the setting’s policy and procedures for reporting concerns of possible abuse and the safeguarding procedures of the Local Safeguarding Partners.
  • All staff have adequate information on issues affecting vulnerability in families such as social exclusion, domestic violence, mental illness, substance misuse and parental learning disability, together with training that takes account of factors that affect children that arise from inequalities of race, gender, disability, language, religion, sexual orientation, or culture.
  • We use available curriculum materials for young children, taking account of information in the Early Years Foundation Stage, that enable children to be strong, resilient, and listened to and heard.
  • All services seek to build the emotional and social skills of children and young people who are service users in an age-appropriate way, including increasing their understanding of how to stay safe.
  • We adhere to the EYFS Safeguarding and Welfare requirements.

 

Key Commitment 2

  • There are procedures in place to prevent known abusers from coming into the organisation as employees or volunteers at any level.
  • Safeguarding is the responsibility of every person undertaking the work of the organisation in any capacity.
  • There are procedures for dealing with allegations of abuse against a member of staff, or any other person undertaking work whether paid or unpaid for the organisation, where there is an allegation of abuse or harm of a child. Procedures differentiate clearly between an allegation, a concern about quality of care or practice and complaints.
  • There are procedures in place for reporting possible abuse of children or a young person in the setting.
  • There are procedures in place for reporting safeguarding concerns where a child may meet the s17 definition of a child in need (Children Act 1989) and/or where a child may be at risk of significant harm, and to enable staff to make decisions about appropriate referrals using local published threshold documents.
  • There are procedures in place for reporting possible abuse of a vulnerable adult in the setting.
  • There are procedures in place in relation to escalating concerns and professional challenge.
  • There are procedures in place for working in partnership with agencies involving a child, or young person or vulnerable adult, for whom there is a protection plan in place. These procedures also take account of working with families with a ‘child in need’ and with families in need of early help, who are affected by issues of vulnerability such as social exclusion, radicalisation, domestic violence, mental illness, substance misuse and parental learning disability.
  • These procedures take account of diversity and inclusion issues to promote equal treatment of children and their families and that take account of factors that affect children that arise from inequalities of race, gender, disability, language, religion, sexual orientation, or culture.
  • There are procedures in place for record keeping, confidentiality and information sharing, which are in line with data protection requirements.
  • We follow government and Local Safeguarding Partners guidance in relation to extremism.
  • The procedures of the Local Safeguarding Partners must be followed.

Key Commitment 3

  • We have a ‘designated safeguarding lead person’, who is responsible for carrying out child, young person, or adult protection procedures. (It is recommended that this person is the setting manager.)
  • The designated safeguarding lead reports to a ‘designated officer’ responsible for overseeing all child, young person or adult protection matters. (It is usually the person who line manages the manager)
  • The ‘designated safeguarding lead’ and the ‘designated officer’ ensure they have links with statutory and voluntary organisations regarding safeguarding children.
  • The ‘designated safeguarding lead’ and the ‘designated officer’ ensure they have received appropriate training on child protection matters and that all staff are adequately informed and/or trained to recognise possible child abuse in the categories of physical, emotional and sexual abuse and neglect.
  • The ‘designated safeguarding lead’ and the ‘designated officer’ ensure all staff are aware of the additional vulnerabilities that affect children that arise from inequalities of race, gender, disability, language, religion, sexual orientation or culture and that these receive full consideration in child, young person or adult protection related matters.
  • The ‘designated safeguarding lead and the ‘designated officer’ ensure that staff are aware and receive training in social factors affecting children’s vulnerability including
  • social exclusion
  • domestic violence and controlling or coercive behaviour
  • mental Illness
  • drug and alcohol abuse (substance misuse)
  • parental learning disability
  • radicalisation
  • The ‘designated safeguarding lead’ and the ‘designated officer’ ensure that staff are aware and receive training in other ways that children may suffer significant harm and stay up to date with relevant contextual safeguarding matters:
  • abuse of disabled children
  • fabricated or induced illness
  • child abuse linked to spirit possession
  • sexually exploited children
  • children who are trafficked and/or exploited
  • female genital mutilation
  • extra-familial abuse and threats
  • children involved in violent offending, with gangs and county lines.

The ‘designated safeguarding lead’ and the ‘designated officer’ ensure they are adequately informed in vulnerable adult protection matters.

Key commitment 4

  • There are procedures in place to ensure staff recognise children and families who may benefit from early help and can respond using local early help processes. Designated safeguarding leads should ensure all staff understand how to identify and respond to families who may need early help.
  • Staff are supported to make the right decisions that enable timely and appropriate action to be taken.
  • Designated Safeguarding Leads contribute towards local safeguarding arrangements to ensure that the views of the sector are heard at the highest level by:
    • Finding out how education and childcare are represented at a strategic level within their Local Safeguarding Partnership (LSP) structures.
    • Sharing their knowledge of the experiences of children in their cohort with LSP local leaders

Legal references

Primary legislation

Children Act 1989 – s 47

Protection of Children Act 1999

Care Act 2014

Children Act 2004 s11

Children and Social Work Act 2017

Safeguarding Vulnerable Groups Act 2006

Counter-Terrorism and Security Act 2015

General Data Protection Regulation 2018

Data Protection Act 2018

Modern Slavery Act 2015

Sexual Offences Act 2003

Serious Crime Act 2015

Criminal Justice and Court Services Act (2000)

Human Rights Act (1998)

Equalities Act (2006)

Equalities Act (2010)

Disability Discrimination Act (1995)

Data Protection Act (2018)

Freedom of Information Act (2000)

Legal references

Working Together to Safeguard Children (HMG 2023)

Statutory Framework for the Early Years Foundation Stage 2023

What to Do if You’re Worried a Child is Being Abused (HMG 2015)

Prevent duty guidance for England and Wales: guidance for specified authorities in England and Wales on the duty of schools and other providers in the Counter-Terrorism and Security Act 2015 to have due regard to the need to prevent people from being drawn into terrorism’ (HMG 2015)

Keeping Children Safe in Education 2022

Education Inspection Framework (Ofsted 2023)

The framework for the assessment of children in need and their families (DoH 2000)

The Common Assessment Framework (2006)

Statutory guidance on inter-agency working to safeguard and promote the welfare of children (DfE 2015)

Further guidance

Information sharing advice for safeguarding practitioners (DfE 2018)

The Team Around the Child (TAC) and the Lead Professional (CWDC 2009)

The Common Assessment Framework (CAF) – guide for practitioners (CWDC 2010)

Multi-Agency Statutory Guidance on Female Genital Mutilation (HMG. 2016)

Multi-Agency Public Protection Arrangements (MAPPA) (Ministry of Justice, National Offender Management Service and HM Prison Service 2014)

Safeguarding Children from Abuse Linked to a Belief in Spirit Possession (HMG 2010)

Safeguarding Children in whom Illness is Fabricated or Induced (HMG 2007)

Safeguarding Disabled Children: Practice Guidance (DfE 2009)

Safeguarding Children who may have been Trafficked (DfE and Home Office 2011)

Child sexual exploitation: definition and guide for practitioners (DfE 2017)

Handling Cases of Forced Marriage: Multi-Agency Practice Guidelines (HMG 2014)

This Policy was created by Suzannah Arnfield on 1st June 2024

Reviewed by Niamh Herron Date 03/06/2024 

Concerns may come from a parent, child, colleague, or the public. Allegations or concerns must be referred to the designated person without delay – even if the person making the allegation later withdraws it.

What is a low-level concern?
The NSPCC defines a low-level concern as ‘any concern that an adult has acted in a way that:

  • is inconsistent with the staff code of conduct, including inappropriate conduct outside of work
  • doesn’t meet the threshold of harm or is not considered serious enough…to refer to the local authority.

Low-level concerns are part of a spectrum of behaviour. This includes:

  • inadvertent or thoughtless behaviour
  • behaviour that might be considered inappropriate depending on the circumstances.
  • behaviour which is intended to enable abuse.

Examples of such behaviour could include:

  • being over friendly with children
  • having favourites
  • adults taking photographs of children on their mobile phone.
  • engaging with a child on a one-to-one basis in a secluded area or behind a closed door
  • using inappropriate sexualised, intimidating or offensive language’

(NSPCC Responding to low-level concerns about adults working in education)

Responding to low-level concerns

Any concerns about the conduct of staff, students or volunteers must be shared with the designated safeguarding lead and recorded. The designated safeguarding lead should be informed of all concerns, including those that may be considered ‘low level’ and make the final decision on how to respond. Where appropriate this can be done in consultation with their line manager.

Reporting concerns about the conduct of a colleague, student or volunteer contributes towards a safeguarding culture of openness and trust. It ensures that adults consistently model the setting’s values and helps keep children safe. It protects adults from potential false allegations or misunderstandings.

If it is not clear that a concern meets the local authority threshold, the designated safeguarding lead should contact the LADO for clarification.

In most instances, low-level concerns about staff conduct can be addressed through supervision, training, or disciplinary processes where an internal investigation may take place.

Identifying

An allegation against a member of staff, volunteer or agency staff constitutes serious harm or abuse if they:

  • behaved in a way that has harmed, or may have harmed a child
  • possibly committed a criminal offence against, or related to, a child
  • behaved towards a child in a way that indicates they may pose a risk of harm to children
  • behaved or may have behaved in a way that indicates they may not be suitable to work with children

Informing

  • All staff report allegations to the designated safeguarding lead.
  • The designated safeguarding lead alerts the designated officer for their setting. If the designated officer is unavailable the designated person contacts their equivalent until they get a response- which should be within 3-4 hours of the event. Together they should form a view about what immediate actions are taken to ensure the safety of the children and staff in the setting, and what is acceptable in terms of fact-finding.
  • It is essential that no investigation occurs until and unless the LADO has expressly given consent for this to occur, however, the person responding to the allegation does need to have an understanding of what explicitly is being alleged.
  • The designated safeguarding lead must take steps to ensure the immediate safety of children, parents, and staff on that day within the setting.
  • The LADO is contacted as soon as possible and within one working day. If the LADO is on leave or cannot be contacted the LADO team manager is contacted and/or advice sought from the point of entry safeguarding team/mash/point of contact, according to local arrangements.
  • A child protection referral is made if required. The LADO, line managers and local safeguarding children’s services can advise on whether a child protection referral is required.
  • The designated person asks for clarification from the LADO on the following areas:
  • what actions the designated person must take next and when and how the parents of the child are informed of the allegation
  • whether or not the LADO thinks a criminal offence may have occurred and whether the police should be informed and if so who will inform them
  • whether the LADO is happy for the setting to pursue an internal investigation without input from the LADO, or how the LADO wants to proceed
  • whether the LADO thinks the person concerned should be suspended, and whether they have any other suggestions about the actions the designated person has taken to ensure the safety of the children and staff attending the setting
  • The designated person records details of discussions and liaison with the LADO including dates, type of contact, advice given, actions agreed and updates on the child’s case file.
  • Parents are not normally informed until discussion with the LADO has taken place, however in some circumstances the designated person may need to advise parents of an incident involving their child straight away, for example if the child has been injured and requires medical treatment.
  • Staff do not investigate the matter unless the LADO has specifically advised them to investigate internally. Guidance should also be sought from the LADO regarding whether or not suspension should be considered. The person dealing with the allegation must take steps to ensure that the immediate safety of children, parents and staff is assured. It may be that in the short-term measures other than suspension, such as requiring a staff member to be office based for a day, or ensuring they do not work unsupervised, can be employed until contact is made with the LADO and advice given.
  • The designated safeguarding lead ensures staff fill in 06.1b Safeguarding incident reporting form.
  • If after discussion with the designated person, the LADO decides that the allegation is not obviously false, and there is cause to suspect that the child/ren is suffering or likely to suffer significant harm, then the LADO will normally refer the allegation to children’s social care.
  • If notification to Ofsted is required the designated person will inform Ofsted as soon as possible, but no later than 14 days after the event has occurred. The designated safeguarding lead will liaise with the designated officer about notifying Ofsted.
  • The designated safeguarding lead ensures that the 06.1c Confidential safeguarding incident report form is completed and sent to the designated officer. If the designated officer is unavailable their equivalent must be contacted, for childminders who are registered with a childminding agency, this may be the named person within the agency.
  • Avenues such as performance management or coaching and supervision of staff will also be used instead of disciplinary procedures where these are appropriate and proportionate. If an allegation is ultimately upheld the LADO may also offer a view about what would be a proportionate response in relation to the accused person.
  • The designated safeguarding lead must consider revising or writing a new risk assessment where appropriate, for example if the incident related to an instance where a member of staff has physically intervened to ensure a child’s safety, or if an incident relates to a difficulty with the environment such as where parents and staff are coming and going and doors are left open.
  • All allegations are investigated even if the person involved resigns or ceases to be a volunteer.

Allegations against agency staff

Any allegations against agency staff must be responded to as detailed in this procedure. In addition, the designated person must contact the agency following advice from the LADO

Allegations against the designated safeguarding lead.

  • If a member of staff has concerns that the designated person has behaved in a way that indicates they are not suitable to work with children as listed above, this is reported to the designated officer who will investigate further.
  • During the investigation, the designated officer will identify another suitably experienced person to take on the role of designated person.
  • If an allegation is made against the designated officer, then the owners/directors/trustees are informed.

Recording

  • A record is made of an allegation/concern, along with supporting information. This is then entered on the file of the child, and the 01a Child welfare and protection summary is completed and placed in the front of the child’s file.
  • If the allegation refers to more than one child, this is recorded in each child’s file
  • If relevant, a child protection referral is made, with details held on the child’s file.

Disclosure and Barring Service

  • If a member of staff is dismissed because of a proven or strong likelihood of child abuse, inappropriate behaviour towards a child, or other behaviour that may indicate they are unsuitable to work with children such as drug or alcohol abuse, or other concerns raised during supervision when the staff suitability checks are done, a referral to the Disclosure and Barring Service is made.

Escalating concerns

  • If a member of staff believes at any time that children may be in danger due to the actions or otherwise of a member of staff or volunteer, they must discuss their concerns immediately with the designated person.
  • If after discussions with the designated person, they still believe that appropriate action to protect children has not been taken they must speak to the designated officer.
  • If there are still concerns then the whistle blowing procedure must be followed, as set out in 06.1 Responding to safeguarding or child protection concerns.
  • This Policy was created by Suzannah Arnfield on 1st June 2024

Reviewed by Niamh Herron Date 03/06/2024

If a child is not collected by closing time, or the end of the session and there has been no contact from the parent, or there are concerns about the child’s welfare then this procedure is followed.

  • The designated safeguarding lead is informed of the uncollected child as soon as possible and attempts to contact the parents by phone.
  • If the parents cannot be contacted, the designated safeguarding lead uses the emergency contacts to inform a known carer of the situation and arrange collection of the child.
  • After one hour, the designated safeguarding lead contacts the local social care out-of-hours duty officer if the parents or other known carer cannot be contacted and there are concerns about the child’s welfare or the welfare of the parents.
  • The designated safeguarding lead should arrange for the collection of the child by social care.
  • Where appropriate the designated safeguarding lead should also notify police.

Members of staff do not:

  • go off the premises to look for the parents
  • leave the premises to take the child home or to a carer
  • offer to take the child home with them to care for them in their own home until contact with the parent is made
  • Staff make a record of the incident in the child’s file using , usually an educator. A record of conversations with parents should be made, with parents being asked to sign and date the recording.
  • This is logged on the child’s personal file along with the actions taken. 06.1c Confidential safeguarding incident report form should also be completed if there are safeguarding and welfare concerns about the child, or if Social Care have been involved due to the late collection.
  • If there are recurring incidents of late collection, a meeting is arranged with the parents to agree a plan to improve time-keeping and identify any further support that may be required.

 

This Policy was created by Suzannah Arnfield on 1st June 2024

Most things that happen between the family, the child and the setting are confidential to the setting. In certain circumstances information is shared, for example, a child protection concern will be shared with other professionals including social care or the police, and settings will give information to children’s social workers who undertake S17 or S47 investigations. Normally parents should give informed consent before information is shared, but in some instances, such as if this may place a child at risk, or a serious offence may have been committed, parental consent should not be sought before information is shared. Local Safeguarding Partners (LSP) procedures should be followed when making referrals, and advice sought if there is a lack of clarity about whether or not parental consent is needed before making a referral due to safeguarding concerns.

  • Staff discuss children’s general progress and well-being together in meetings, but more sensitive information is restricted to designated persons and key persons and shared with other staff on a need-to-know basis.
  • Members of staff do not discuss children with staff who are not involved in the child’s care, nor with other parents or anyone else outside of the organisation, unless in a formal and lawful way.
  • Discussions with other professionals should take place within a professional framework, not on an informal basis. Staff should expect that information shared with other professionals will be shared in some form with parent/carers and other professionals, unless there is a formalised agreement to the contrary, i.e. if a referral is made to children’s social care, the identity of the referring agency and some of the details of the referral is likely to be shared with the parent/carer by children’s social care.
  • It is important that members of staff explain to parents that sometimes it is necessary to write things down in their child’s file and explain the reasons why.
  • When recording general information, staff should ensure that records are dated correctly and the time is included where necessary, and signed.
  • Welfare/child protection concerns are recorded on 6.1b Safeguarding incident reporting form July 21. Information is clear and unambiguous (fact, not opinion), although it may include the educator’s thoughts on the impact on the child.
  • Records are non-judgemental and do not reflect any biased or discriminatory attitude.
  • Not everything needs to be recorded, but significant events, discussions and telephone conversations must be recorded at the time that they take place.
  • Recording should be proportionate and necessary.
  • When deciding what is relevant, the things that cause concern are recorded as well as action taken to deal with the concern. The appropriate recording format is filed within the child’s file.
  • Information shared with other agencies is done in line with these procedures.
  • Where a decision is made to share information (or not), reasons are recorded.
  • Staff may use a computer to type reports, or letters. Where this is the case, the typed document is deleted from the computer and only the hard copy is kept.
  • Electronic copy is downloaded onto a disc, labelled with the child’s name and stored in the child’s file. No documents are kept on a hard drive because computers do not have facilities for confidential user folders.
  • The setting is registered with the Information Commissioner’s Office (ICO). Staff are expected to follow guidelines issued by the ICO, at https://ico.org.uk/for-organisations/guidance-index/
  • Additional guidance in relation to information sharing about adults is given by the Social Care Institute for Excellence, at scie.org.uk/safeguarding/adults/practice/sharing-information
  • Staff should follow guidance including Working Together to Safeguard Children (DfE 2018); Information Sharing: Advice for Practitioners Providing Safeguarding Services to Children, Young People, Parents and Carers 2018 and What to do if you’re Worried a Child is Being Abused (HMG 2015)

Confidentiality definition

  • Personal information of a private or sensitive nature, which is not already lawfully in the public domain or readily available from another public source, and has been shared in a relationship, where the person giving the information could reasonably expect it would not be shared with others.
  • Staff can be said to have a ‘confidential relationship’ with families. Some families share information about themselves readily; members of staff need to check whether parents regard this information as confidential or not.
  • Parents sometimes share information about themselves with other parents as well as staff; the setting cannot be held responsible if information is shared beyond those parents whom the person has confided in.
  • Information shared between parents in a group is usually bound by a shared agreement that the information is confidential and not discussed outside. The setting manager is not responsible should that confidentiality be breached by participants.
  • Where third parties share information about an individual; staff need to check if it is confidential, both in terms of the party sharing the information and of the person whom the information concerns.
  • Information shared is confidential to the setting.
  • Educators ensure that parents/carers understand that information given confidentially will be shared appropriately within the setting (for instance with a designated person, during supervision) and should not agree to withhold information from the designated person or their line manager.

Breach of confidentiality

  • A breach of confidentiality occurs when confidential information is not authorised by the person who provided it, or to whom it relates, without lawful reason to share.
  • The impact is that it may put the person in danger, cause embarrassment or pain.
  • It is not a breach of confidentiality if information was provided on the basis that it would be shared with relevant people or organisations with lawful reason, such as to safeguard an individual at risk or in the public interest, or where there was consent to the sharing.
  • Procedure 07.1 Children’s records and data protection must be followed.

Exception

  • GDPR enables information to be shared lawfully within a legal framework. The Data Protection Act 2018 balances the right of the person about whom the data is stored with the possible need to share information about them.
  • The Data Protection Act 2018 contains “safeguarding of children and individuals at risk” as a processing condition enabling “special category personal data” to be processed and to be shared. This allows educators to share without consent if it is not possible to gain consent, if consent cannot reasonably be gained, or if gaining consent would place a child at risk.
  • Confidential information may be shared without authorisation – either from the person who provided it or to whom it relates, if it is in the public interest and it is not possible or reasonable to gain consent or if gaining consent would place a child or other person at risk. The Data Protection Act 2018 enables data to be shared to safeguard children and individuals at risk. Information may be shared to prevent a crime from being committed or to prevent harm to a child, Information can be shared without consent in the public interest if it is necessary to protect someone from harm, prevent or detect a crime, apprehend an offender, comply with a Court order or other legal obligation or in certain other circumstances where there is sufficient public interest.
  • Sharing confidential information without consent is done only in circumstances where consideration is given to balancing the needs of the individual with the need to share information about them.
  • When deciding if public interest should override a duty of confidence, consider the following:
  • is the intended disclosure appropriate to the relevant aim?
  • what is the vulnerability of those at risk?
  • is there another equally effective means of achieving the same aim?
  • is sharing necessary to prevent/detect crime and uphold the rights and freedoms of others?
  • is the disclosure necessary to protect other vulnerable people?

The decision to share information should not be made as an individual, but with the backing of the designated person who can provide support, and sometimes ensure protection, through appropriate structures and procedures.

Obtaining consent

Consent to share information is not always needed. However, it remains best practice to engage with people to try to get their agreement to share where it is appropriate and safe to do so.

Using consent as the lawful basis to store information is only valid if the person is fully informed and competent to give consent and they have given consent of their own free will, and without coercion from others, Individuals have the right to withdraw consent at any time.

You should not seek consent to disclose personal information in circumstances where:

  • someone has been hurt and information needs to be shared quickly to help them
  • obtaining consent would put someone at risk of increased harm
  • obtaining consent would prejudice a criminal investigation or prevent a person being questioned or caught for a crime they may have committed
  • the information must be disclosed regardless of whether consent is given, for example if a Court order or other legal obligation requires disclosure
  1. The serious crimes indicated are those that may harm a child or adult; reporting confidential information about crimes such as theft or benefit fraud are not in this remit.
  • Settings are not obliged to report suspected benefit fraud or tax evasion committed by clients, however, they are obliged to tell the truth if asked by an investigator.
  • Parents who confide that they are working while claiming should be informed of this and should be encouraged to check their entitlements to benefits, as they it may be beneficial to them to declare earnings and not put themselves at risk of prosecution.

Consent

  • Parents share information about themselves and their families. They have a right to know that any information they share will be regarded as confidential as outlined in 07.1a Privacy notice. They should also be informed about the circumstances, and reasons for the setting being under obligation to share information.
  • Parents are advised that their informed consent will be sought in most cases, as well as the circumstances when consent may not be sought, or their refusal to give consent overridden.
  • Where there are concerns about whether or not to gain parental consent before sharing information, for example when making a Channel or Prevent referral the setting manager must inform their line manager for clarification before speaking to parents
  • Consent must be informed – that is the person giving consent needs to understand why information will be shared, what will be shared, who will see information, the purpose of sharing it and the implications for them of sharing that information.

Separated parents

  • Consent to share need only be sought from one parent. Where parents are separated, this would normally be the parent with whom the child resides.
  • Where there is a dispute, this needs to be considered carefully.
  • Where the child is looked after, the local authority, as ‘corporate parent’ may also need to be consulted before information is shared.

Age for giving consent

  • A child may have the capacity to understand why information is being shared and the implications. For most children under the age of eight years in a nursery or out of school childcare context, consent to share is sought from the parent, or from a person who has parental responsibility.
  • Young persons (16-19 years) are capable of informed consent. Some children from age 13 onwards may have capacity to consent in some situations. Where they are deemed not to have capacity, then someone with parental responsibility must consent. If the child is capable and gives consent, this may override the parent’s wish not to give consent.
  • Adults at risk due to safeguarding concerns must be deemed capable of giving or withholding consent to share information about them. In this case ‘mental capacity’ is defined in terms of the Mental Capacity Act 2005 Code of Practice (Office of the Public Guardian 2007). It is rare that this will apply in the context of the setting.

Ways in which consent to share information can occur

  • Policies and procedures set out the responsibility of the setting regarding gaining consent to share information, and when it may not be sought or overridden.
  • Information in leaflets to parents, or other leaflets about the provision, including privacy notices.
  • Consent forms signed at registration (for example to apply sun cream).
  • Notes on confidentiality included on every form the parent signs.
  • Parent signatures on forms giving consent to share information about additional needs, or to pass on child development summaries to the next provider/school.

Further guidance

Working Together to Safeguard Children (DfE 2018)

Information Sharing: Advice for Practitioners Providing Safeguarding Services to Children, Young People, Parents and Carers (HMG 2018)

What to do if you’re Worried a Child is Being Abused (HMG 2015)

Mental Capacity Act 2005 Code of Practice (Office of the Public Guardian 2007)

This Policy was created by Suzannah Arnfield on 1st June 2024

Reviewed by Niamh Herron Date 03/06/2024

There is a fair way of dealing with issues as they arise in an informal way, but parents may wish to exercise their right to make a formal complaint. They are informed of the procedure to do this and complaints are responded to in a timely way. The same procedures apply to agencies who may have a grievance or complaint.

Parents

  • If a parent is unhappy about any aspect of their child’s care or how he/she feels he/she has been treated, this should be discussed with the child’s key person. The key person will listen to the parent and acknowledge what he/she is unhappy about. The key person will offer an explanation and an apology if appropriate. The issue and how it was resolved is recorded in the child’s file and Complaint Investigation Record. The recording will also make clear whether the issue being raised relates to a concern about quality of the service or practice, or a complaint. For allegations relating to serious harm to a child caused by a member of staff or volunteer procedure 6.2 Allegations against staff, volunteers or agency staff will be followed.
  • If the parent is not happy with the key person’s response or wishes to complain about the key person or any other member of staff, he/she will be directed to the setting manager. Some parents will want to make a written complaint; others will prefer to make it verbally, in which case the setting manager writes down the main issues of the complaint using the Complaint Investigation Record and keeps it in the child’s file.
  • The setting manager will investigate the complaint and provide time to feedback to the parent within 28 days. A confidential written report of the investigation is kept in the child’s file if the complaint relates directly to a child.
  • If the parent is still not satisfied, or if the complaint is about the setting manager, the setting manager is asked to forward their complaint verbally or in writing to their line manager.
  • If the parent is still not satisfied, then he/she is entitled to appeal the outcome verbally or in writing to the setting manager’s line manager who will pass the matter on to owners/directors/trustees for further investigation, who will respond to the parent within a further 14 days.
  • If the complainant believes that the matter has not been resolved and there has been a breach of the EYFS requirements they are entitled to make a complaint to Ofsted. The manager will assist in any complaint investigation as well as in producing documentation that records the steps that were taken in response to the original complaint.
  • The setting manager ensures that parents know they can complain to Ofsted by telephone or in writing at any time as follows:

Applications, Regulatory and Contact (ARC) Team, Ofsted, Piccadilly Gate, Store Street, Manchester M1 2WD or telephone: 0300 123 1231

Agencies

  • If an individual from another agency wishes to make a formal complaint about a member of staff or any practice of the setting, it should be made in writing to the setting manager.
  • The complaint is acknowledged in writing within 10 days of receiving it.
  • The setting manager investigates the matter and meets with the individual to discuss the matter further within 28 days of the complaint being received.
  • An agreement needs to be reached to resolve the matter.
  • If agreement is not reached, the complainant may write to the setting manager’s line manager, who acknowledges the complaint within 5 days and reports back within 14 days.
  • If the complainant is not satisfied with the outcome of the investigation, they are entitled to appeal and are referred to the owners/directors/trustees.

Ofsted complaints record

  • Legislation requires settings to keep a record of complaints and disclose these to Ofsted at inspection, or if requested by Ofsted at any other time.
  • The record of complaints is a summative record only.

A record of complaints will be kept for at least 3 years.

  • In all cases where a complaint is upheld a review will be undertaken by the owners/directors/trustees to look for ways to improve practice where it is required.

This procedure is displayed on Parent Notice Board.

Further guidance

Complaint Investigation Record (Alliance Publication)

This Policy was created by Suzannah Arnfield on 1st June 2024

Reviewed by Niamh Herron Date 03/06/2024

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