NAG 5: HEALTH AND SAFETY

TRENTHAM SCHOOL POLICY

CHILD PROTECTION

Reviewed by BOT – May 2020

Ratified by BOT – May 2020

Next Review Date – May 2024

POLICY SUMMARY

This policy outlines our commitment to child protection. It includes our protocols when child abuse is reported to us or suspected by us. It also includes practice notes on measures to be taken to prevent child abuse. All staff are expected to be familiar with this policy and to abide by it.

PURPOSE STATEMENT

The school is committed to modelling and providing a safe environment, free from physical, emotional, verbal or sexual abuse.

The school recognises the important role and responsibility that all staff have in identifying and responding to suspected child abuse or neglect and in responding appropriately to concerns about the wellbeing of a child. The safety and wellbeing of the child is our top priority when investigating suspected or alleged abuse.

The school is committed to working with other children related agencies to improve the well-being of vulnerable children. We support the roles of the New Zealand Police and Oranga Tamariki in the investigation of suspected abuse and will report suspected/alleged abuse to these agencies.

POLICY PRINCIPLES

• The interest and protection of the child is paramount in all actions.

• We recognise the rights of family/whānau to participate in the decision-making about their children.

• We have a commitment to ensure that all staff are able to identify the signs and symptoms of potential abuse and neglect and are able to take appropriate action in response.

• We are committed to supporting all staff to work in accordance with this policy, to work with partner agencies and organisations to ensure child protection policies are consistent and high quality.

• We will always comply with relevant legislative responsibilities.

• We are committed to share information in a timely way and to discuss any concerns about an individual child with colleagues or the Principal.

• We are committed to promote a culture where staff feel confident that they can constructively challenge poor practice or raise issues of concern without fear of reprisal.

DEFINITIONS

Child abuse:

Child abuse is a broad term which includes physical, emotional and sexual abuse and neglect which is the direct consequence of a deliberate act or omission by an adult and which has the potential to cause or effect serious harm to a child.

Child neglect:

Child neglect is the failure or omission to care for a child. This failure or omission to care can be physical, emotional, medical or educational or involve a lack of supervision.

Core worker:

Core worker means a children’s worker whose work in, or providing a regulated service requires or allows that, when the person is present with the child or children in the course of that work, the person is either:

• The only person present; or

• Is the children’s worker who has primary responsibility for, or authority over the child or children present.

Non-core worker: means a children’s worker who is not a core worker.

GUIDELINES

Confidentiality and Information sharing

The Privacy Act 2020 and the Oranga Tamariki Act 1989 allow information to be shared to keep children safe when abuse or suspected abuse is reported or investigated. Under sections 15 and 16 of the OT Act, any person who believes that a child has been, or is likely to be, harmed physically, emotionally or sexually or ill-treated, abused, neglected or deprived may report the matter to Oranga Tamariki or the Police and, provided the report is made in good faith, no civil, criminal or disciplinary proceedings may be brought against them.

Recruitment and Employment

1. The Principal will ensure that safe recruitment practices in line with the Children’s Act of 2014 and Section 78C and 78CA of the Education Act are in place. In accordance with these Acts, the school is required to police vet all core and non-core workers, including contractors and their employees, who work at the school if they are likely to have unsupervised access to students at the school during normal hours.

2. In addition to a police vet, core and non-core workers will also be subject to identity verification, references and an interview. A work history will be sought and previous employers will be contacted. If there is any risk that an applicant might pose a risk to a child that applicant will not be employed. A checklist is to be used for all appointments.

3. Notwithstanding 1 & 2 above, if core children’s workers e.g. Public Health Nurses, Youth Workers, who have been safety checked by their own employer have unsupervised access to students, the school will not proceed with a police vet but will seek an assurance from their employer by letter that this has been done.

Identifying the signs of abuse or neglect:

The physical and behavioural signs, symptoms and history listed below may indicate abuse or neglect. However they are not specific to abuse or neglect. In certain situations, contexts and combinations they may indicate other conditions. All signs must be examined in the total context of the child or young person’s situation

Responding to suspected abuse or neglect

1. There is a process to follow when an incident or suspicion of abuse or neglect is reported. See the ‘Child Abuse Reporting Process’ flowchart below

2. All suspicions or reports of incidents will be reported to and discussed with the Principal as soon as possible.

3. A written report of the incident will be made.

4. If there is clear evidence or reasonable cause to believe an instance of child abuse has taken place, the Principal will immediately take steps to protect the child and may notify Oranga Tamariki.

5. Sometimes the involvement of statutory agencies will be inappropriate and potentially harmful to families. In these situations, the school will refer the family to an appropriate statutory or non-statutory agency which can provide supportive services to the family and respond to the needs of the vulnerable children in their care in a manner proportionate to the level of need and risk.

Allegations or concerns about staff

1. When a staff member is suspected, the same processes apply. See the flowchart below.

2. If there is a need to pursue an allegation as an employer, consult with Oranga Tamariki or the Police before advising the person concerned, informing them that they have a right to seek legal advice and providing them with an opportunity to respond.

3. The staff member should also be informed of their right to seek support from the relevant union/representative body. It is vital to follow ordinary disciplinary policies, guided by the employment contract/collective employment contract and relevant statutory obligations.

4. The school commits to not use ‘settlement agreements’, where these are contrary to a culture of child protection. Some settlement agreements allow a member of staff to agree to resign provided that no disciplinary action is taken, and a future reference is agreed. Where the conduct at issue concerned the safety or wellbeing of a child, use of such agreements is contrary to a culture of child protection.

When an allegation of abuse is made against a staff member refer Fig 1

Where it is suspected that child abuse has been carried out by a staff member (paid, unpaid or in any school-related role), the matter must be reported promptly to the Principal.

Under no circumstances should the student making the allegation be exposed to unnecessary risk. This may require the school to consider removing the staff member from the school environment subject to the requirements of the applicable employment contract. All actions will be undertaken with appropriate care to maintain confidentiality.

Training, supervision and support

Training, resources and/or advice will be available to ensure that all staff can carry out their roles in terms of this policy, particularly:

• Understanding child abuse and indicators of child abuse.

• How to reduce the risk of child abuse.

• Understanding and complying with legal obligations in regard to child abuse.

• Working with outside agencies on child abuse issues.

• Planning of environment and supervision to minimise risk.

• Dealing with children/parents/family/whānau.

This policy will be part of the initial staff induction programme.

Related documentation

• Children’s Act 2014 - A practical guide

• Safer Organisations Safer children - Guidelines for child protection policies to build safer organisations

• Working Together to Keep Children and Young People Safe (CYF)