Safe learner policy

1. Purpose

The purpose of this policy is to:

• ensure all adults, children and young people engaged within provision delivered through Derbyshire Adult Community Education Service, including those on apprenticeship provision or on work-placements, are adequately supported and protected from harm and the risk of exploitation, including sexual harassment, and online sexual abuse; child on child and all age peer to peer abuse or harassment; Criminal Exploitation (CRE), Child Sexual Exploitation (CSE) and radicalisation
• ensure that all staff, volunteers, sub-contractors, partners and employers effectively carry out their duty of care in regard to adults, children and young people attending provision and are trained accordingly
• ensure that all vetting (DBS) checks are carried out on staff, volunteers, sub-contractor staff and employers in line with legislative requirements
• ensure procedures are carried out in line with Derbyshire County Council, Derby and Derbyshire Safeguarding Children and Adult Partnership and Channel requirements, regulations and guidelines

2. Policy Statement

Derbyshire Adult Community Education Service is committed to preventing abuse and exploitation wherever possible and ensuring that robust procedures are in place for dealing with incidents of abuse and exploitation. This expectation is extended to cover all partnerships and any sub-contracting or Service Level Agreements that are in place

This will be achieved through:

• identifying a ‘Designated Safeguarding Lead for the Service and Deputy Designated Persons across all Areas of Provision
• adopting a ‘whole organisation’ approach to safeguarding, ensuring learners’ safety in all aspects including: The Prevent Duty, Children at Risk of Criminal Exploitation, Child Sexual Exploitation, Child on Child abuse and all age Peer on Peer abuse, County Lines, Information Governance, GDPR and digital and online learning
• ensuring awareness of Safeguarding and Prevent throughout the Service and within all provision, across all levels of staff, volunteers, sub-contractors, employers and governors
• ensuring all sub-contractors and employers who have an apprentice, (particularly 16-18 learners or Adults with Learning Difficulties and/or Disabilities), intern, or trainee working or attending work-placement on their premises, understand and are compliant with DACES Safeguarding Policy and Procedures
• ensuring all staff and volunteers receive relevant Safeguarding and Prevent training appropriate to their role, which is refreshed and updated in line with the Workforce Development Policy
• ensuring safe recruitment with all staff receiving DBS checks as appropriate and recruitment procedures support staff identification, qualification and criminal checking
• ensuring vetting and barring procedures are carried out in line with legislative requirements
• adopting clear lines of communication with staff, learners, sub-contractors partners and employers, keeping them up to date on legislation and procedures, including keeping them within the law and supporting them to act in non-exploitative and non-extremist ways
• ensuring effective links are kept with outside agencies and partners to promote Safeguarding and The Prevent Duty
• ensuring all appropriate risk assessments (individual learner, course and venue) are carried out in coordination with appropriate professionals, (including risk assessment for unspent criminal convictions) effectively, in a timely manner and kept live
• ensuring all learning, teaching and assessment practice and resources, including online learning and resources, support the concept of the ‘safe learner’
• ensuring a clear and timely reporting procedure.
• implementing enhanced processes to safeguard 14 to 16 learners (parental consent for leaving learning centre / immediate contact for absence / individual risk assessments / 14 to 16 manager / safeguarding LSA)

3. Scope

This policy statement covers all governance board members, staff, sub-contractors, volunteers, employers, partners and learners of the Service. It also includes visitors, contractors and suppliers.

4. Monitoring, evaluation and reporting

The DACES Safe Learner Group, led by an identified member of DACES Service Management Team (SMT), will act as the forum to monitor and evaluate the effectiveness of safeguarding and Prevent activity.

The DACES Quality Improvement Group, led by an identified member of the DACES Service Management Team (SMT), will act as the forum to monitor and evaluate the effectiveness of teaching, learning and assessment processes in making learners feel safe and supporting them in keeping within the law and acting in non-extremist ways. Learner, partner, sub-contractor and employer feedback will be obtained through quality assurance tools for example, surveys, focus groups, learner evaluation.

These groups will report their activity to the service SMT, children's services senior management team (via the relevant service director, schools and learning) and DACES governance board.

5. Diversity, equality and inclusion

This policy will be used to promote fairness in all aspects of practice within the service and support the service's commitment to be fully inclusive. DACES’ values freedom of speech and the expression of beliefs as fundamental rights underpinning our society’s values. Whilst we value free speech, we also believe it is subject to the laws and policies governing equality, human rights, community safety and community cohesion.

The service recognises that some groups of learners may be more susceptible/vulnerable to abuse and exploitation (for example, learners with learning difficulties, neurodiversity, mental health issues, young people/children, at risk of domestic abuse).

All learners regardless of disability, ethnicity, age, sex, religion and belief including non-belief, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity, social background or appearance; have the right to equal protection from all types of harm, abuse, exploitation and the risk of radicalisation.

6. Confidentiality, information sharing and GDPR

DACES is required to ensure that it can demonstrate full compliance with the principles of the General Data Protection Regulation (GDPR). All staff are required to be familiar with data protection guidance, accessible on Derbyshire Learning Online and within DACES staff handbook, or from their line manager. Any data breach or suspected data breach must be referred immediately to their line manager.

7. Associated policies and procedures

• Keeping Children Safe in Education (KCSIE) 2023
• Safeguarding Learner Procedure
• Child Protection Procedure
• Guidance on DBS
• The Prevent Duty
• Health and Safety Policy (2023)
• Learner Agreement for Learners and Visitors
• Code of Behaviour for Staff and Volunteers
• Diversity, Equity and Inclusion Policy (2022)
• Learner Support Policy (2023)
• Learner Attendance Policy (2023)
• Learner Relational Behaviour Management Policy (2023)
• Remote and Digital Learning Policy (2023)

8. Postholder to contact

Service management team member(s) with responsibility for safe learner.

9. Review

There is a commitment to review and update the policy annually, next review: August 2024 by Safe Learner Group and Service Management Team.

Appendix 1

Roles and responsibilities in relation to safeguarding.

1. The service management safe learner lead(s) are responsible for:

• being the service safeguarding and Prevent lead, giving a consistent high-profile lead on the promotion of safe learner practices and Prevent both internally and externally
• ensuring that service roles and responsibilities are complied with

2. The service management team (SMT) is responsible for:

• ensuring DACES has a Safe Learner policy in accordance with the procedures of Derbyshire Safeguarding Children Board and Derbyshire Safeguarding Adults Board
• ensuring DACES and its sub-contractors conducts safer recruitment procedures and ensures that required checks are carried out on all appropriate staff, volunteers and employees
• ensuring the service's strategic plan includes a prioritisation of the Safe Learner and Prevent and is reflected in the Service Self-Assessment Report (SAR) and Quality Improvement Plan (QIP)
• consideration of a termly report to ensure that the Safe Learner policy is being followed receiving and responding to monitoring information on the impact of the safe learner policy on learner well-being, satisfaction and achievement

3. Governance board, including the Safe Learner link governor, is responsible for:

• scrutinising that Safe Learner policy is being followed through termly reports
• scrutinising that the service's strategic plan includes a recognition of the impact of its Safe Learner processes and is reflected in the service SAR and QIP; and
• scrutinising the impact of Safe Leaner processes on learner and staff safety

4. The Safe Learner Group is responsible for:

• overseeing the continuing application and development of the policy in line with service targets and service strategic objectives
• preparing, monitoring and reviewing the Safe Learner priorities within the SAR and QIP
• reporting each term to SMT on the application of the Safe Learner Policy
• leading, developing and overseeing the safe learner activities as identified within the QIP
• ensuring that appropriate training and development is provided for staff, learners and volunteers to respond effectively to a safe learning environment where learners are protected from harm and the risk of exploitation and radicalisation
• monitoring and ensuring that all staff and volunteers are attending and completing the appropriate role relevant safe learner and prevent training, in a timely manner

5. Learning and skills managers are responsible for:

• being the deputy safeguarding and prevent designated persons across the areas of provision
• ensuring that recruitment and selection processes include Safe Learner and Prevent expectations

6. All staff are responsible for ensuring that they:

• engage with the Safe Learner and Prevent training and activities
• ensure that learners are free to learn within a safe environment and that they are, wherever, possible protected from harm and the risk of radicalisation
• aware of safeguarding and prevent referral procedures and are able to use them effectively

Appendix 2

Definitions.

Abuse

Abuse is a violation of an individual’s human and civil rights by any other person or persons. The categories of abuse are those adopted by the Department of Health:

• physical abuse, including hitting, slapping, pushing, kicking, misuse of medication, restraint, or inappropriate sanctions
• sexual abuse, including rape and sexual assault or sexual acts to which the child/young person/vulnerable adult has not consented, could not consent or was pressured into consenting
• psychological abuse, including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks
• financial or material abuse, including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits
• neglect and acts of omission, including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating
• discriminatory abuse, including racist, sexist, that based on a person’s disability, and other forms of harassment, slurs or similar treatment
• Child on Child and all age Peer on Peer abuse including sexual violence and sexual harassment between all ages – but particularly between children. Sexual violence and sexual harassment can occur between 2 children of any age and sex. It can occur through a group of children sexually assaulting or sexually harassing a single child or group of children. Sexual violence and sexual harassment exist on a continuum and may overlap; they can occur online and face to face (both physically and verbally); they could happen here and are never acceptable.
  Children who are victims of sexual violence and sexual harassment, wherever it happens, will likely find the experience stressful and distressing. This will, likely, adversely affect their educational attainment and will be exacerbated if the alleged perpetrator(s) attends the same school or college. It is essential that all victims are reassured that they are being taken seriously and that they will be supported and kept safe.
  A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. Nor should a victim ever me made to feel ashamed for making a report. A child abusing another child may be a sign they have been abused themselves or a sign of wider issues that require addressing within the culture of the school or college. Taking disciplinary action and providing appropriate support, can, and should, occur at the same time if necessary.
  Reports of sexual violence and sexual harassment are extremely complex to manage. It is essential that victims are protected, offered appropriate support and every effort is made to ensure their education is not disrupted. It is also important that other children, adult students and school and college staff are supported and protected as appropriate

Child Sexual Exploitation (CSE)

This is defined by the Department of Education as:

• the sexual exploitation of children and young people under 18 involves exploitative contexts and relationships where young people (or a third person or persons) receive ‘something’ (for example, food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of performing, and/or others performing on them, sexual activities
• in addition, occurring through use of technology without the child's immediate recognition, for example the persuasion to post sexual images on the internet/mobile phones without immediate payment or gain
• in all cases, those exploiting the child/young person have power over them by virtue of their age, gender, intellect, physical strength and/or economic or other resources
• exploitative relationships involving violence, coercion and intimidation are common, and characterised in the main by the child or young person's limited availability of choice resulting from their social/economic and/or emotional vulnerability

It happens in a number of contexts; the common contexts include:

• peer on peer
• adult on child
• gang association or membership
• party scene/youth culture
• boyfriend/girlfriend model
• constrained choices model
• trafficking, domestic and international
• internet based CSE – contact and non-contact offences, including sexting

Extremism

This is defined as vocal or active opposition to fundamental British values, including democracy, the rule of law, individual and mutual respect and tolerance of different faiths and beliefs. Also included in the definition is the call for the death of member of our armed forces, whether in this country or overseas.

General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information of individuals within the European Union (EU). GDPR sets out the principles for data management and the rights of the individual, while also imposing fines that can be revenue-based. GDPR covers all companies that deal with data of EU citizens, so it is a critical regulation for corporate compliance officers at banks, insurers, and other financial companies. GDPR came into effect across the EU on 25 May 2018.

Information governance

This is the management of information at an organisation. Information governance balances the use and security of information. Information governance helps with legal compliance, operational transparency, and reducing expenditures associated with legal discovery. An organisation can establish a consistent and logical framework for employees to handle data through their information governance policies and procedures. These policies guide proper behaviour regarding how organisations and their employees handle electronically stored information.

Radicalisation

This is defined as the process by which people come to support terrorism and extremism and, in some cases, to then participate in terrorist groups or actions.

Susceptible to Vulnerability

The following are examples of vulnerability:

• identity crisis: vulnerable people who are exploring issues of identity can feel both distant from their parents, family and cultural and religious heritage. They may be uncomfortable with their place in society around them. This can be exploited by providing a sense of purpose or feelings of belonging
• personal crisis: This may, for example, include significant tensions within the family that produce a sense of isolation of the vulnerable individual from the traditional certainties of family life
• personal circumstances: The experience of migration, local tensions or events affecting families in countries of origin may contribute to alienation from UK values and a decision to cause harm to symbols of the community or state
• unemployment or under-employment: Individuals may perceive their aspirations for career and lifestyle to be undermined by limited achievements or employment prospects. This can translate to a generalised rejection of civic life and adoption of violence as a symbolic act
• criminality: In some cases, a vulnerable individual may have been involved in a group that engages in criminal activity or, on occasion, a group that has links to organised crime and be further drawn to engagement in terrorist-related activity

Appendix 3

Online learning

DACES is committed to providing a safe online environment. All staff delivering and supporting online learning must complete DACES Safeguarding Risk Assessment for online teaching and learning activity (issued April 2020) before sessions take place.

Learners and online safety

It is important that all staff who interact with learners, including online, continue to be vigilant and look out for signs that an individual may be at risk. Any such concerns should be dealt with in line with the Safeguarding Policy and where appropriate referrals should still be made to children's social care and as required, the police.

Online contact with learners should only happen using DCC approved platforms and systems.

DACES will ensure any use of online learning tools and systems is in line with privacy and data protection/GDPR requirements.

If tutors host live virtual lessons, the following should apply:

• tutors should only conduct live streams during normal learning provision hours
• no one to one teaching, groups only, unless explicitly agreed by Programme Managers
• live classes should be kept to a reasonable length of time, with comfort breaks a minimum of approximately once per hour. Wherever possible, learners should wait until scheduled breaks to step away from the session, such as for comfort breaks
• learners should ensure that they are located in an appropriate place in the household, ensuring that what can be seen in the background is appropriate and doesn’t reveal personal information – such as where they live. Wherever possible background should be blurred prior to starting the session
• staff and learners must wear suitable clothing, as should anyone else in the household, who is likely to be seen on camera.
• where possible, learners should locate themselves away from other household members. Where possible, learners should use headphones
• tutors should ask learners to mute their microphones unless they are asking/answering a question
• language must be respectful and appropriate, including any family members in the background
• any group chat should be controlled by the tutor and be appropriate to the lesson
• learners should behave appropriately for a learning session, as they would in a face-to-face class in a centre
• staff should record the length, time, date and attendance of any sessions held. A video to explain netiquette for learners is available in the online learner induction