Safeguarding

Under the Children Act 1989, a bullying incident should be addressed as a child protection concern when there is ‘reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm’.
Where this is the case, the provider’s staff should report their concerns to their local authority’s social services department.
Even where safeguarding is not considered to be an issue, providers may need to draw on a range of external services to support the pupil who is experiencing bullying, or to tackle any underlying issue, which has contributed to a child engaging in bullying.

Yes, under the Rehabilitation of Offenders Act 1974, a person with a criminal record is not required to disclose any spent convictions unless the position they are applying for, or are currently undertaking, is listed as an exception under the Act.
The submission of DBS checks for ineligible positions would be considered unlawful under the terms of the Rehabilitation of Offenders Act 1974. Under Part V of the Police Act 1997, an application for a DBS check must be accompanied by a statement by the registered person that the certificate is required for the purpose of asking an exempted question.

If an individual knowingly asks for a DBS check for a post which is not included in the Exceptions Order 1975 to the Rehabilitation of Offenders Act 1974 (ROA), they would be in breach of Part V, section 123 of the Police Act. This is because in doing so, they are committing an offence by knowingly making a false statement for the purpose of obtaining or enabling another person to obtain a certificate under this part.

While the requirement to request DBS checks has been removed for regulated activity, the entitlement to ask for one remains. Therefore, a local authority is free to insist that no one may undertake regulated activity unless he or she has undergone a DBS check, even supervised volunteers.

What is mandatory, however, is the requirement to conduct an enhanced regulated activity check for those undertaking regulated activity, but an enhanced regulated activity check cannot be made for someone not undertaking regulated activity.

DBS checks: eligibility guidance

‘Safe recruitment’ means thinking about and including issues to do with child protection and safeguarding and promoting the welfare of children at every stage of the recruitment process.

It starts with the process of planning the recruitment exercise and ensuring that the job advertisement makes clear the organisation’s commitment to safeguarding and promoting the welfare of children.

It requires a consistent and thorough process of scrutinising applicants by:

verifying identity and any academic or vocational qualifications
obtaining professional and character references
checking previous employment history
ensuring that a candidate has the health and physical capacity for the job
undertaking a face to face interview
undertaking any mandatory vetting and barring checks including where appropriate a DBS and enhanced regulated activity check

For more information see:
Welsh Government’s School Governor’s Guide to the Law
 

Following Lord Laming’s inquiry into the death of Victoria Climbie, the Children Act 2004 required all Local Authorities across England and Wales to set up a Local Safeguarding Children Board (LSCB). The task of each LSCB is to safeguard and promote the welfare of children and young people in their area.

The scope of the safeguarding task for LSCBs is wider than the child protection remit of the old ACPCs. Three broad areas of activity are identified:

activity that aims to identify and prevent maltreatment or impairment to health and development
pro-active work, which targets particular groups of vulnerable children and young people
responsive work to protect children who are suffering, or at risk of suffering harm

The core business of the LSCB is to ensure there is collective accountability for those children and young people that are the subject of child protection processes under Section 47 of the Children Act 1989.

LSCBs must also safeguard and promote the welfare of children who fall outside this group, but who have been shown to be over-represented across the UK in incidences that result in a Serious Case Review.

The Social Services and Wellbeing (Wales) Act 2014 came into force on May 1st 2014.

Section 135 establishes The National Independent Safeguarding Board whose duties are to provide support and advice to Safeguarding Boards to ensure that they are effective. They will also report on the adequacy and effectiveness of arrangements to safeguard children and adults in Wales, and make recommendations to the Welsh Ministers as to how those arrangements could be improved.

Section 134 sets out requirements for Safeguarding Boards to be set up in areas across Wales. The Act does not define these areas. The Act establishes both Children’s Safeguarding Boards and Adult Safeguarding Boards. In some areas, these may join into one Safeguarding Board.

Section 126 defines an adult at risk as being anyone 18 years of age or older who is:

experiencing or is at risk of abuse or neglect
has needs for care and support (whether or not the local authority is meeting these)
is unable to protect himself or herself against the abuse or neglect or the risk of it as a result of these needs

Welsh Government – Safeguarding Children: Working Together Under the Children Act 2004
Social Services and Well-being (Wales) Act 2014

The Lord Laming report (2003) emphasised that safeguarding is everyone’s responsibility.

This means that in an education setting (including bodies such as Estyn), everyone should know whom to contact if they have safeguarding concerns about a child or vulnerable adult (a child is defined as someone under 18 years of age, and adult is 18 years of age or older).

When inspecting education provision, inspectors should make sure all staff have had basic awareness training, and the provider’s safeguarding policy or guidance tells them who the nominated lead officer is for safeguarding and where to report their concerns.