Keeping learners safe — responding to and reporting concerns (paragraphs 3.11–3.17, 3.31–3.46)

3.11 A child, parent, carer, relative or member of the public who expresses concerns about a child’s well-being to anyone working in the education setting must never simply be asked to make a direct report to social services or the police. These concerns should be shared with the DSP. If the individual wishes to make a report, this report should not change the actions of the DSP; a report must still be made by the DSP if it is felt that the child is at risk.

3.12 Suspicion about a child being at risk may take the form of concerns rather than known facts. Concerns about a child at risk can arise in many different contexts, including when a child is already known to social services. It is important that these concerns are logged, recorded and appropriately monitored by the member of staff and/or the DSP. This ensures that a coherent picture exists of the likelihood of abuse, neglect and other kinds of harm and provides support for a report to social services and any subsequent action.

3.13 Every education setting must have a suitable system in place to support effective data collection of children suspected to be at risk. There are a number of software packages to support schools to collect data internally about safeguarding concerns relating to children. These packages can support staff to log concerns and the DSP to identify patterns of abuse, neglect, or other kinds of harm.

3.14 Where a staff member has concerns but would like further advice on these concerns they should have a discussion with the DSP.

3.15 Concerns must be shared with social services through a report, supported by the DSP. The DSP can advise on and manage the process. Whether the actual making of the report is done by the DSP or the staff member will depend on the arrangements in place at the individual education setting. While concerns will not necessarily trigger an investigation, they will help to build up a picture and can be taken alongside concerns from other sources. In cases where children’s social services are not able to investigate the case or do not consider an investigation appropriate in the circumstances, they should nevertheless consider other support for the child and/or child’s family, such as a referral to early intervention services.

3.16 Accurate, concise and clear record-keeping in straightforward language is an essential part of an individual employee and professional’s accountability, and underpins good child protection practice. All agencies involved in safeguarding and promoting the well-being of children must have policies and procedures specifying arrangements for the retention, storage and destruction of electronic and paper case records. The policies should ensure that case records are stored safely and able to be retrieved as required.

3.17 Education settings must not undertake their own internal child protection enquiries, but report their concerns to the local authority or to the police. If the concern involves a member of staff, agencies must not make their own internal decisions about whether it is a disciplinary issue or a child protection matter. Agencies should be mindful that the police have statutory powers and responsibility for determining whether a criminal investigation is to be undertaken.

3.31 The 2014 Act places a duty to report¹⁶ on local authorities and relevant partners where they have reasonable cause to suspect that a child is at risk. Partners must inform the local authority where they have reasonable cause to believe a child to be at risk. Section 130(4) of the 2014 Act defines a child at risk as a child who:

3.32 The duty is placed on relevant partners where a child may be at risk. Partners including education, health, police, probation and youth offending teams are required to inform the local authority if they believe a child is at risk.

3.33 Anyone working in an education setting and employed by a local authority, local health board or trust, police or probation service must report to the local authority where there is reasonable cause to believe a child to be at risk of abuse, neglect or other kind of harm. This will usually be done through the DSP but the safety of the child must be the priority so there may be occasions when staff will need to contact directly where there is an immediate concern.

3.34 All other staff working in education settings who are not employed by the local authority, or any of the other organisations as set out above, should take account of the Wales Safeguarding Procedures, which sets out the duty to report should be considered as effective practice.

3.35 When a child has been reported under section 130 of the 2014 Act, the local authority must consider whether there are grounds for carrying out an investigation under section 47 of the Children Act 1989.

3.36 The DSP should act as a point of contact and a source of support, advice and expertise for schools and colleges when deciding whether to make a report to the local authority. The DSP should also take a lead in liaising with relevant agencies unless there are immediate concerns and staff should make contact directly.

3.37 Where the DSP has reasonable cause to suspect that a child attending the education setting is at risk, a report must be made to the local authority as soon as possible. Social Services and Well-being (Wales) Act 2014: Working Together to Safeguard People: Volume 5 – Handling Individual Cases to Protect Children at Risk provides additional information on making the report. However, if there are immediate concerns about a child’s safety or concerns a criminal offence against a child might have been committed, the DSP must contact the emergency services without delay to protect the child/children from the risk of serious harm.

3.38 Where the concerns relate to cases of suspected abuse or allegations of abuse against staff, guidance is available in Safeguarding children in education: handling allegations of abuse against teachers and other staff, and the process is set out in the Disciplinary and dismissal procedures for school staff: Revised guidance for governing bodies.

3.39 Where staff members have concerns that a child is at risk of abuse, neglect or other harm they must raise these with the DSP. The DSP must then decide whether it is appropriate to make a report to social services and/or the police. It is important to note any staff member can also report concerns to local authority social services or to the police directly; however, liaison with the DSP is advisable in all cases where possible.

3.40 Concerns should always lead to help and support, either through a report to social services, or direct support through the education setting or other service such as family support services. The DSP should share the following information with the staff member making the report and the headteacher or principle:

3.41 If there are immediate concerns about a child’s safety or a criminal offence against a child is suspected, the emergency services must be contacted without delay to protect the child/children from risk of serious harm.

3.42 Staff members must also be aware of wider safeguarding concerns and report these to the DSP. These include circumstances as outlined in sections 5, 6, 7 and 8 of this guidance.

3.43 As outlined above, a report that a child may be at risk online or offline must be made to social services as soon as a concern is identified; this must be within 24 hours. Outside of office hours, reports must be made to social services’ emergency duty service or to the police.

3.44 Where a report is made in person or by telephone, it must be confirmed in writing within 24 hours.

3.45 Where available the report should be made using a standard form in place for the relevant local authority or region. The report must include basic/core information, the cause for concern and any relevant information held by the agency.

3.46 Anyone working in an education setting should be aware that they cannot remain anonymous should they make a report.