www.carolyneyre.com W hat’s new in the world of safeguarding?

1. www.carolyneyre.comWhat’s new in the world of safeguarding? Carolyn Eyre NASS Conference 2012

2. So many changes, so little guidance! • The Protection of Freedoms Act 2012 • Working Together to Safeguard Children 2012 • A new s5 Inspection framework • A new EYFS framework • Combining the Schools (Premises) Regs and the Independent School Regs

3. Disclosure and Barring what you need to know: changes commencing September 2012

4. Looking back • Previous government introduced the VBS in response to Soham murders • Coalition Government stated its intention in May 2010 to scale back VBS to ‘common sense levels’ • Government halted the registration element and commissioned a review of the scheme and a review of CRB regime • Sunita Mason published her review of criminal records in two phases – Feb 2011 & Nov 2011. • Changes needed an amendment to legislation

5. VBS review: key recommendations • Registration should be scrapped – there should be no requirement for people to register with the scheme and no ongoing monitoring • Barring regime should be scaled back to cover only those who may have regular or close contact with vulnerable groups • CRB and ISA should be merged to create a single non-departmental public body – the Disclosure & Barring Service (DBS) • ISA should be given power to review bars in appropriate circumstances

6. Mason Reviews – key recommendations • Criminal records checks should be portable • An online system should be established to allow employers to check whether updated information is held on an applicant • Children under 16 should not be eligible for criminal record checks • Disclosure of police information should be overseen by an independent monitor • Measures to improve disclosure of police information to employers

7. DBS – the New Vision • Key principles:- • Provide a proportionate balance between upholding civil liberties and safeguarding vulnerable groups • Rebalance the role of the employer and the State, recognising that disclosure and barring are one part of the wider recruitment & employment process • Reduce bureaucracy e.g. through introduction of portable certificates – more efficient, quicker, less costly • Trust employers to make rounded decisions about who they employ, such as checking references and ongoing management, etc • Merge CRB and ISA to create DBS

8. Changes from September 2012 • New definition of regulated activity • Repeal of registration & monitoring; controlled activity; and ‘additional information’ • Introduce a minimum age (16) at which someone can apply for a CRB check • More rigorous relevancy test for when police release information on an enhanced CRB • Provision of statutory guidance on ‘supervision’ in relation to children. • Most people will be barred only if they have engaged, are engaging in or might in the future engage in Regulated Activity • ISA will have greater powers to review a bar

9. What is not changing? • Continue to make appropriate referrals to ISA (DBS) • You must not employ in Regulated Activity someone whom you know has been barred by ISA • Individuals who previously fell under the definition of Regulated Activity remain eligible for enhanced checks and this can be with or without a ‘barred list’ check

10. Scope of Regulated Activity - Children Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice / guidance on wellbeing, or drive a vehicle only for children Work for a limited range of establishments, (specified places) e.g school, children’s home, childcare premises ... but not by supervised volunteers Relevant personal care, such as washing, dressing, healthcare by or supervised by a professional (even if only occurs once) Registered child-minding / foster carers

11. Definition … continued • Work under (1) or (2) is Regulated only if done regularly (by same person once per week or more, 4 or more days in a 30 day period or in some cases* overnight) • Regulated activity still excludes: • Family arrangements • Personal, non-commercial arrangements • DfE is currently consulting (until mid-July) on guidance re. supervision of activities which would be Regulated if not supervised

12. No longer in RA (1) • Activities • Activity supervised at a reasonable level • Healthcare not by (or directed or supervised by) a health care professional • Legal advice • Treatment / therapy (instead ‘health care’ ) • BUT relevant personal care is Regulated Activity even if only done once and even if supervised

13. No longer in RA (2) • Establishments • Occasional or temporary services, e.g. maintenance (not teaching, etc) • Volunteers supervised at a reasonable level • Office holders (England) • All positions removed, e.ggovernors • Inspectorates removed

14. Where did all the vulnerable adults go? Regulated activity in adult services is about the action undertaken, not who it is done to or for. * Maybe it was just too confusing … someone attending medical treatment deemed ‘vulnerable’ unless they catch a bus or call in at the library on their way home??

15. New definition of Regulated Activity - Adult Who is in regulated activity from 10th September? Those who provide: Healthcare: a health care professional or acting under the direction or supervision of one, e.g. doctor, physiotherapist Personal care: assistance with washing, dressing, eating, drinking and toileting – or teaching someone to do these things Social work: provided by a social care worker of social work in connection with health need or social services

16. Regulated Activity – Adult (cont’d) And those who provide: Assistance with a person’s cash, bills or shopping due to their age, illness or disability Assistance with conduct of an adult’s own affairs, e.g. lasting or enduring power of attorney Conveying adults for reasons of age, illness, disability to, from or between places where they receive healthcare, personal care or social work. This would not include friends, family or taxi drivers NB There is no longer a requirement to do activities a certain number of times before a person is engaging in regulated activity with adults

17. New stuff Minimum age - countersigning officers will no longer be able to sign an application for someone under the age of 16. Additional information (aka ‘brown envelope material’ ) will no longer be passed by police through disclosure process Introduction of a more rigorous test of relevancy for Chief Police Officers ..from ‘might be relevant’ to ‘reasonably believes it to be relevant’ Right of review to an independent Monitor

18. The future • After September 2012 there will be further changes covering other measures within the Protection of Freedoms Act. These include:- • Functions of ISA & CRB will be merged to form the DBS in December 2012 • Single certificate • New update service providing portability to be introduced early in 2013

19. Summary • Reviews of CRR & VBS recommended changes • Government committed to scaling back, to be more proportionate whilst safeguarding vulnerable groups • Protection of Freedoms Act 2012 enables delivery of these changes • Changes taking effect from Sept 2012 include:- • New definition of Regulated activity • Repeal of controlled activity & Registration • A minimum age at which someone can apply for CRB • More rigorous ‘relevancy’ test for police disclosure

20. Further information • E-mail queries HOSPPUEnquiries@homeoffice.gsi.gov.uk • Home office website http://www.homeoffice.gov.uk/disclosure-and-barring • CRB website http://www.homeoffice.gov.uk/crb • ISA website http://isa.homeoffice.gov.uk • Business link www.businesslink.gov.uk • DirectGovwww.direct.gov.uk • DfE statutory supervision guidance (Sep 2012) http://www.education.gov.uk/aboutdfe/statutory/g00213977/supervision-guidance

21. Working Together to Safeguard Children 2012(draft)

22. Headlines • Consultation closed 4thSeptember • 350 pages reduced to 19 • In reality, WT 2012 is a suite of 3 documents:- • ‘Working Together’ • ‘Managing individual cases’and • ‘Learning and improvement’ • If you have a hard copy of WT 2010, look after it … one day it might be worth a fortune

23. Key themes • Local arrangements / reducing statutory control • Shared assessments – • Managing risk • Timely • Transparent • Proportionate • Listening to children • Information sharing • Supervision & support

24. What we think WT 2012 will mean for practice • A change to the definition of emotional abuse • Timescales • Initial response still 1 day • Core group must still meet within 10 days of ICPC • Review conferences will still be at 6 monthly (first review conference 3 months) • Other timings to be determined locally • These will be called review points or internal / indicative check points

25. Managing risk • “No system can fully eliminate risk. Understanding risk involves judgement and balance …“ • “The emphasis is on face to face contact with children so their needs can be properly understood.” • “With greater autonomy comes responsibility. Drift and delay prevent children getting the help they need. Children deserve to have an assessment tailored to their individual needs, within a timeframe appropriate for them.”

26. Framework for assessment – local determination Principles Timeliness Transparency Proportionate

27. Ofsted s5 inspection framework Is it true that safeguarding has dropped off the agenda?

28. It’s all about teaching? Don’t believe a word of it! • Ofsted inspectors are asked to explore:- • Safeguarding information on the school’s website • How learners in alternative provision are safeguarded • The back-stories of pupils removed from roll in the preceding weeks or months • Extent to which the Teachers’ Standards are met • Single central record • Logs for exclusion / racist incidents / bullying, esp homophobic bullying • Promotion of safe practice and a culture of safety

29. New teacher standards September 2011 • Set high expectations which inspire, motivate and challenge • Promote good progress • Demonstrate subject knowledge • Plan structured lessons • Adapt teaching • Make accurate assessment • Manage behaviour effectively • Fulfil wider professional responsibilities

30. New Standards - Part 2 Professional Conduct • Uphold public trust & maintain high standards of ethics and behaviour • Have proper and professional regard for the ethos, policies and practices of the school in which they teach, and maintain high standards in their own attendance and punctuality • Have an understanding of, and always act within, the statutory frameworks which set out their professional duties and responsibilities

31. Early Years Foundation Stage (EYFS) Now applies to independent schools

32. School (Premises ) Regs and the Independent School StandardsChanges were to be effected September 2012 – watch this space (or ISC website)