Whistleblowing

It is important to the nursery that any fraud, misconduct or wrongdoing by employees or people engaged in the organisations business, is reported and properly dealt with. The nursery therefore encourages all individuals to raise any concerns that they may have about the conduct of others in the nursery or the way in which the nursery is run. 

The nursery recognises that effective and honest communication is essential if malpractice is to be effectively dealt with and the organisation’s success ensured. 

Whistleblowing relates to all those who work with or within the nursery who may from time to time think that they need to raise with someone in confidence certain issues relating to the organisation.

Whistleblowing is separate from the grievance procedure. If you have a complaint about your own personal circumstances you should use the normal grievance procedure. If you have a concern about malpractice within the organisation then you should use the procedure outlined below.

• Report any concerns to management.
• All employees and those involved with the nursery should be aware of the importance of preventing and eliminating wrongdoing within the organisation. You should be watchful for illegal, inappropriate or unethical conduct and report anything of that nature that you become aware of.
• Any matter you raise under this procedure will be investigated thoroughly, promptly and confidentially, and the outcome of the investigation will be reported back to you.
• You will not be victimised for raising a matter under this procedure. This means that your continued employment and opportunities for future promotion or training will not be prejudiced because you have raised a legitimate concern.
• Victimisation of an individual for raising a qualified disclosure will be a disciplinary offence.
• If misconduct is discovered as a result of any investigation under this procedure the nursery’s disciplinary procedure will be used, in addition to any appropriate external measures.
• If you make a maliciously, vexatious or a false allegation then this will be considered to be a disciplinary offence and disciplinary action will be taken against you.
• An instruction to cover up wrongdoing is itself is a disciplinary offence. If you are told not to raise or pursue any concern, even by a person in authority such as a manager, you should not agree to remain silent. In this event you should report the matter to Ofsted 

You can contact Ofsted’s  hotline in three ways.

·       Call us on 0300 123 3155 (Monday to Friday from 8.00am to 6.00pm). 

·       Email us at whistleblowing@ofsted.gov.uk. 

Write to us at:
WBHL
Ofsted

§  We take into account factors affecting parental capacity, such as social exclusion, domestic violence, radicalisation, parent’s drug or alcohol abuse, mental or physical illness or parent’s learning disability.

§  We are aware of other factors that affect children’s vulnerability that may affect, or may have affected, children and young people using our provision, such as, abuse of disabled children; fabricated or induced illness; child abuse linked to beliefs in spirit possession; sexual exploitation of children, such as through internet abuse; and Female Genital Mutilation; radicalisation or extremism. that may affect, or may have affected, children and young people using our provision.

§  We are aware of the mandatory duty that applies to teachers, including early years practitioners, and health workers to report cases of Female Genital Mutilation to the police.

§  We are aware of the ‘hidden harm’ agenda concerning parents with drug and alcohol problems and consider other factors affecting parental capacity and risk, such as social exclusion, domestic violence, radicalisation, mental or physical illness and parent’s learning disability.

§  We are aware that children’s vulnerability is potentially increased when they are privately fostered and when we know that a child is being cared for under a private fostering arrangement, we inform our local authority children’s social care team.

§  We are prepared to take action if we have concerns about the welfare of a child who fails to arrive at a session when expected. The designated person will take immediate action to contact the child’s parent to seek an explanation for the child’s absence and be assured that the child is safe and well. If no contact is made with the child’s parents and the designated person has reason to believe that the child is at risk of significant harm, the relevant professionals are contacted immediately and LSCB procedures are followed. If the child has current involvement with social care the social worker is notified on the day of the unexplained absence. 

§  We also make ourselves aware that some children and young people are affected by gang activity, by complex, multiple or organised abuse, through forced marriage or honour based violence or may be victims of child trafficking. While this may be less likely to affect young children in our care, we may become aware of any of these factors affecting older children and young people who we may come into contact with.

§  Where we believe that a child in our care or that is known to us may be affected by any of these factors we follow the procedures below for reporting child protection concerns.

§  Where such evidence is apparent, the child's key person makes a dated record of the details of the concern and discusses what to do with the member of staff who is acting as the 'designated person'. The information is stored on the child's personal file.

§  In the event that a staff member or volunteer is unhappy with the decision made of the designated person in relation to whether to make a safeguarding referral they must follow escalation procedures.

§  We refer concerns to the local authority children’s social care department and co-operate fully in any subsequent investigation. NB In some cases this may mean the police or another agency identified by the Local Safeguarding Children Board.

§  We take care not to influence the outcome either through the way We speak to children or by asking questions of children.

§  We take account of the need to protect young people aged 16-19 as defined by the Children Act 1989. This may include students or school children on work placement, young employees or young parents. Where abuse is suspected we follow the procedure for reporting any other child protection concerns. The views of the young person will always be taken into account, but the setting may override the young person’s refusal to consent to share information if it feels that it is necessary to prevent a crime from being committed or intervene where one may have been, or to prevent harm to a child or adult. Sharing confidential information without consent is done only where not sharing it could be worse than the outcome of having shared it.

Recording suspicions of abuse and disclosures

§  Where a child makes comments to a member of staff that give cause for concern (disclosure), or a member of staff observes signs or signals that give cause for concern, such as significant changes in behaviour; deterioration in general well-being; unexplained bruising, marks or signs of possible abuse or neglect; that member of staff:

-       listens to the child, offers reassurance and gives assurance that she or he will take action;

-       does not question the child;

-       makes a written record that forms an objective record of the observation or disclosure that includes: the date and time of the observation or the disclosure; the exact words spoken by the child as far as possible; the name of the person to whom the concern was reported, with the date and time; and the names of any other person present at the time.

§  These records are signed and dated and kept in the child's personal file, which is kept securely and confidentially.

§  The member of staff acting as the 'designated person' is informed of the issue at the earliest opportunity (within 1 working day)

§  Where the Local Safeguarding Children Board stipulates the process for recording and sharing concerns, We include those procedures alongside this procedure and follow the steps set down by the Local Safeguarding Children Board.

Making a referral to the local authority children's social care team

Child and Family Assessment/Notification Form (CFAN) format contains procedures for making a referral to the local children's social care team. 

• For advice when you have a concern that a child maybe being abused call Early Help Hounslow 020 8583 6600 
• We keep a copy of this document alongside the procedures for recording and reporting set down by our Local Safeguarding Children Board.  

Escalation process

§  If we feel that a referral made has not been dealt with properly or that concerns are not being addressed or responded to, we will follow the LSCB escalation process.

§  We will ensure that staff are aware of how to escalate concerns.

Informing parents

§  Parents are normally the first point of contact. Concerns are discussed with parents to gain their view of events, unless it is felt that this may put the child in greater danger.

§  Parents are informed when we make a record of concerns in their child’s file and that we also make a note of any discussion we have with them regarding a concern.

§  If a suspicion of abuse warrants referral to social care, parents are informed at the same time that the referral will be made, except where the guidance of the Local Safeguarding Children Board does not allow this, for example, where it is believed that the child may be placed in greater danger.

§  This will usually be the case where the parent is the likely abuser. 

§  If there is a possibility that advising a parent beforehand may place a child at greater risk the designated person should seek advice from children’s social work services, about whether or not to advise parents beforehand, and should record and follow the advice given.

Liaison with other agencies

§  We work within the Local Safeguarding Children Board guidelines.

§  The current version of 'What to do if you’re worried a child is being abused' is available for parents and staff and all staff are familiar with what they need to do if they have concerns.

§  We have procedures for contacting the local authority regarding child protection issues, including maintaining a list of names, addresses and telephone numbers of social workers, to ensure that it is easy, in any emergency, for the setting and children's social care to work well together.

§  We notify Ofsted of any incident or accident and any changes in our arrangements which may affect the well-being of children or where an allegation of abuse is made against a member of staff and any specific procedures such as responding to concerns about radicalisation or extremism (whether the allegations relate to harm or abuse committed on our premises or elsewhere). Notifications to Ofsted are made as soon as is reasonably practicable, but at the latest within 14 days of the allegations being made.

Allegations against staff

§  We respond to any disclosure by children or staff that abuse by a member of staff or volunteer within the setting, or anyone living or working on the premises occupied by the setting, may have taken, or is taking place, by first recording the details of any such alleged incident. 

§  We refer any such complaint immediately to the Safeguarding Advice and Allegations Management (SAAM) the Duty systems include the Independent Reviewing Officers (IRO’s) who are the people who take part in the SAAM Duty structure.  They identify designed officer (DO) cases 

§  Contact SAAM Duty person on:  0208 583 5730

• It may be that if it is clear from the onset that the matter is complex and would require meetings, in that case the Duty person will advise the setting that the DO in the local authority will have to become involved, however the majority of enquiries are straight forward and can be dealt with by the duty staff member on the day.
• Hetsie van Rooyen (DO in the local authority) 020 8583 3065
• We ensure that all parents know how to complain about the behaviour or actions of staff or volunteers within the setting, or anyone living or working on the premises occupied by the setting, which may include an allegation of abuse.

§  We respond to any inappropriate behaviour displayed by members of staff, volunteer or any other person living or working on the premises, which includes:

-       inappropriate sexual comments;

-       excessive one-to-one attention beyond the requirements of their usual role and responsibilities, or inappropriate sharing of images.

§  We follow the guidance of the Local Safeguarding Children Board when responding to any complaint that a member of staff or volunteer within the setting, or anyone living or working on the premises occupied by the setting, has abused a child.

§  We ensure that all staff or volunteer know how to raise concerns about a member of staff or volunteer within the setting. We respond to any concerns raised by staff and volunteers who know how to escalate their concerns if they are not satisfied with my/our response

§  We also report any such alleged incident to Ofsted, as well as what measures we have taken. We are aware that it is an offence not to do this.

§  We co-operate entirely with any investigation carried out by children’s social care in conjunction with the police.

§  Where the management team and children’s social care agree it is appropriate in the circumstances, the member of staff or volunteer will be suspended for the duration of the investigation. This is not an indication of admission that the alleged incident has taken place, but is to protect the staff, as well as children and families throughout the process.

Disciplinary action

Where a member of staff or volunteer has been dismissed due to engaging in activities that caused concern for the safeguarding of children or vulnerable adults, we will notify the Disclosure and Barring Service of relevant information, so that individuals who pose a threat to children and vulnerable groups can be identified and barred from working with these groups.

Key commitment 3

We are committed to promoting awareness of child abuse issues throughout our training and learning programmes for adults. We are also committed to empowering young children, through our early childhood curriculum, promoting their right to be strong, resilient and listened to.

Training

§  Training opportunities are sought for all adults involved in the setting to ensure that they are able to recognise the signs and signals of possible physical abuse, emotional abuse, sexual abuse, including child sexual exploitationand neglect and that they are aware of the local authority guidelines for making referrals.

§  Designated persons receive training in accordance with that recommended by the Local Safeguarding Children Board.

§  We ensure that all staff know the procedures for reporting and recording any concerns they may have about the provision.

Planning

§  The layout of the rooms allows for constant supervision. No child is left alone with staff or volunteers in a one-to-one situation without being visible to others.

Curriculum

§  We introduce key elements of keeping children safe into our programme to promote the personal, social and emotional development of all children, so that they may grow to be strong, resilient and listened to and so that they develop an understanding of why and how to keep safe.

§  We create within the setting a culture of value and respect for individuals, having positive regard for children's heritage arising from their colour, ethnicity, languages spoken at home, cultural and social background.

§  We ensure that this is carried out in a way that is developmentally appropriate for the children.

Support to families

§  We believe in building trusting and supportive relationships with families, staff and volunteers.

§  We make clear to parents our role and responsibilities in relation to child protection, such as for the reporting of concerns, information sharing, monitoring of the child, and liaising at all times with the local children’s social care team.

§  We will continue to welcome the child and the family whilst investigations are being made in relation to any alleged abuse.

§  We follow the Child Protection Plan as set by the child’s social care worker in relation to the setting's designated role and tasks in supporting that child and their family, subsequent to any investigation.

§  Confidential records kept on a child are shared with the child's parents or those who have parental responsibility for the child in accordance with the Confidentiality and Client Access to Records procedure and only if appropriate under the guidance of the Local Safeguarding Children Board.

Confidentiality

§  All suspicions and investigations are kept confidential and shared only with those who need to know. Any information is shared under the guidance of the Local Safeguarding Children Board.

Confidentiality and client access to records

Policy statement

"Share with informed consent where appropriate and, where possible, respect the wishes of those who do not consent to share confidential information. You may still share information without consent if, in your judgment, there is a good reason to do so, such as where safety may be at risk. You will need to base your judgment on the facts of the case"

Information sharing: Advice for practitioners providing safeguarding services to children, young people, parents and carers (HMG 2023)

In our setting, staff and managers can be said to have a "confidential relationship" with families. It is our intention to respect the privacy of children and their parents and carers, while ensuring they access high-quality early years care and education in our setting. We aim to ensure that all parents and carers can share their information in the confidence that it will only be used to enhance the welfare of their children. We have record-keeping systems in place that meet legal requirements; the means that we use to store and share that information takes place within the framework of the United Kingdom General Data Protection Regulation (UK-GDPR) and the Human Right Act (1998)

Confidentiality procedures

Most things that happen between the family, the child and the setting are confidential to our setting. In exceptional circumstances information is shared, for example with other professionals or possibly social care or the police. 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.

• Information shared with other agencies is done in line with our Information Sharing Policy.
• We always check whether parents regard the information they share with us to be confidential or not.

Some parents may share information about themselves with other parents as well as with our staff we cannot be held responsible if information is shared by those parents whom the person has ‘confided’ in.

• Information shared between parents in a discussion or training group is usually bound by a shared agreement that the information is confidential to the group and not discussed outside of it. We are not responsible should that confidentiality be breached by participants.
• We inform parents when We need to record confidential information beyond the general personal information We keep (see our Privacy Notice and Children's Records Policy) - for example with regard to any injuries, concerns or changes in relation to the child or the family, any discussions with parents on sensitive matters, any records we are obliged to keep regarding action taken in respect of child protection and any contact and correspondence with external agencies in relation to their child.
• We keep all records securely (see our Children's Records Policy and Privacy Notice).
• Most information is kept in a manual file or electronically. Our staff may also use a computer to type reports, or letters. Where this is the case, the typed document is deleted from the PC and only the hard copy kept.
• Where it is helpful to keep an electronic copy, we download it onto a disc, labelled with the child’s name and kept securely in the child’s file. No documents are kept on the hard drive. This is because the settings’ PC’s do not have facilities for confidential user folders.

• Our staff discuss children’s general progress and wellbeing together in meetings, but more sensitive information is restricted to our manager and the child’s key person, and is shared with other staff on a need to know basis.
• We 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 setting.
• Our discussions with other professionals take place within a professional framework and not on an informal or ad-hoc basis.
• Where third parties share information about an individual us; our early years educators and managers check if it is confidential, both in terms of the party sharing the information and of the person whom the information concerns.
• 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 Children’s records must be followed.
• 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

• 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 the Privacy notice. They should also be informed about the circumstances and reasons for the setting being under an 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 will be 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.

• Telephone advice regarding general queries may be made to The Information Commissioner’s Office Helpline 0303 123 1113.

• Further guidance

  Working Together to Safeguard Children (DfE 2023)

  Information Sharing: Advice for Practitioners Providing Safeguarding Services to Children, Young People, Parents and Carers (HMG 2023)

  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)

   

Further guidance

§  No Secrets (DoH 2015)

§  Working Together to Safeguard Children (2015) 

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

§  Framework for the Assessment of Children in Need and their Families (DoH 2000)

§  Statutory guidance on making arrangements to safeguard and promote the welfare of children under section 11 of the Children Act 2004 (HMG 2007)

§  Information Sharing: Guidance for Practitioners and Managers (HMG 2015)

§  Disclosure and Barring Service: www.gov.uk/disclosure-barring-service-check