Upton House is committed to safeguarding and promoting the welfare of children and young people, along with their protection and expects all staff and voulunteers to share this commitment.

Allegations that a member of staff has abused a pupil or pupils either inside the school premises or during a school trip or visit could be made by:

• Parents
• The abused pupil
• Outher members of staff
• Other pupils
• The Police or Social Services
• A third party

An allegation of such seriousness would normally be made directly to the Headmistress; but if another member of staff is told first, he/she will ensure that the Headmistress is informed immediately.

If the Headmistress is unavailable - or is involved - the Chairman of the Council of Management should be told at once.

Anonymous Allegations

If we are faced with an anonymous allegation of child abuse which names both a member of staff and a child, we will handle it in exactly the same way as if we knew the identity of the person making the allegation.  Where the allegation names the member of staff but not the pupil, we will normally interview the member of staff and ask for his or her version of events.  It could be appropriate to establish a mentoring or review programme for that individual or to provide him or her with further training. A record would be kept on the individual's file.

The First Response

We will respond promptly and sensitively to legitimate concerns of the victim and his or her family.  We undertake to:

• Take any allegation of abuse, invovling a member of staff, very seriously
• Establish the facts before jumping to any conclusion
• Inform the member of staff concerned honestly of the allegation that has been made and advise him or her to contact the Trade Union or Professional Association for advice and support
• Inform the child's parent in confidence, inviting them to maintain confidentiality whilst the investigation takes place, unless the allegation involves the parents, in which case we will contact the Social Services before making contact

The Next Step

Although a formal investigation is a matter for specialists, where the facts suggest that there may be reasonable grounds for suspecting actual abuse, or grooming of a child, or other criminal behaviour, we will always:

• Invite the Police to conduct the investigation
• Involve the Local Safeguarding Children's Board (LSCB)
• Consider suspending the member of staff or volunteer concerned

Support For The Pupil

Our priority is to safeguard the young people in our care.  We will give all the support that we can to a pupil who has been abused.  The Headmistress and also the Child Protection Officer (CPO) will consider who best to support and monitor the pupil concerned through any process of investigation, liaising closely with parents, guardians, LSCB or other agencies involved to identify the support strategies that will be appropriate.

 Suspension

Suspension of a member of staff is a neutral act and does not imply that any judgement has been reached about his or her conduct.  Even so, it is a serious step, and we will take legal advice beforehand and will normally only suspend a member of staff where:

• There is a serious risk of harm (or further harm) to the child
• The allegations are so serious as to constitute grounds for dismissal if proven
• The police are investigating allegations of criminal misconduct

We recognise fully that we have a duty of care towards all our staff and we will always:

• Keep an open mind until a conclusion has been reached
• Inteveiw a member of staff before suspending him or her
• Keep him or her informed of progress of the investigation

Any member of staff who is invited to a meeting whose outcome is likely to result in his or her suspension, is entitled to be accompanied by a friend or Trade Union representative.

Alternatives to Suspension

We will always consider whether an alternative to suspension might be appropriate.  Possibilities include:

• Sending the member of staff on leave
• Giving him or her non-contact duties
• Ensuring that a second adult is always present in the classroom when he or she teaches

If the Member of Staff Resigns

The resignation of a member of staff or volunteer mid-way through an investigation would not lead to the investigation being abandoned.  Our policy is always to complete every investigation into allegations of child abuse.

Compromise Agreements

The policy at Upton House is to follow the DCSF guidance set out in "Safeguarding Children and Safer Recruitment in Education" on the use of compromise agreements in case of child abuse which is:

"Compromise agreements, by which a person agrees to resign, and a school ... agrees not to puruse disciplinary action, and both parties agree a form of words to be used in any future reference, must not be used in these cases.  In any case, such an agreement will not prevent a thorough police investigation where that is appropriate.  Nor can it override the statutory duty to make a referral to List 99 (now the ISA) where circumstances require it."

Length of Investigatory Process

We recognise that everyone's interests are served by completing any investigatory process as swiftly as possible.  Upton House is a small community and we will aim to spend as little time as is compatible with fair and impartial processes on the investigatory process.  We would expect almost every case to be completed within one month.

Referral to the Independent Safeguarding Authority

Like all schools, we have a statutory legal duty to refer an individual, where there is the risk that he or she may harm, or has caused harm to children, to the Independent Safeguarding Authority (ISA) within one month of the individual's dismissal or resignation because he or she has been considered unsuitable to work with children.  Reports concerning members of staff or volunteers are normally made by the CPO.  If the CPO is involved, the report is made by the Chairman of the Council of Manangement.

The referral form can be downloaded from the ISA website on www.isa-gov.org.uk.  The school plays no part in the subsequent process of barring individuals from working with children and/or vulnerable adults.  We also have a legal duty to respond to any requests for information that we receive from the ISA at any time.

Recording Allegations of Abuse

We will record all allegations of abuse and our subsequent actions, including any disciplinary actions, on an individual's file.  A copy will be given to the individual and he or she will be told that the record will be retained until he or she reaches statutory retirement age, or for ten years, if that is longer.

Handling Unfounded or Unsubstantiated Allegations

The Child

A child who has been at the centre of unfounded or unsubstantiated allegations of child abuse needs professional help in dealing with the aftermath.  We will liaise closely with the LSCB to set up a professional programme that best meets his or her needs, which may involve the Adolescent Mental Health Services and and Educational Psychologist, as well as support from the school counselling adviser.  We shall be mindful of the possibility that the allegation of child abuse was an act of displacement, masking abuse that is actually occurring within the child's own family and/or community.

However much support the child may need in such circumstances, we need to be sensitve to the possibility that the aftermath of an unfounded allegation may result in the irretrievable breakdown of the relationship with the teacher.  In such circumstances, we may conclude that it is in the child's best interests to move to another school.  We would do our best to help him/her to achieve a smooth a transition as possible, working closely with the parents or guardians.

The Member of Staff

A member of staff could be left at the end of an unfounded or unsubstantiated allegation of child abuse with severely diminished self-esteem, feeling isolated and vulnerable, all too conscious that colleagues might shun him/her on the grounds of "no smoke without fire".  If issues of professional competancy are involved and though acquitted of child abuse, disciplinary issues are raised; we recognise that he or she is likely to need both professional and emotional help.  We will undertake to arrange a mentoring programme in such circumstances, together with professional counselling outside the school community.  A short sabbatical or period of re-training may be appropriate.

Allegation of Abuse of a Child who is Not  a Pupil at The School

If we were given information that suggested that a member of staff was abusing a child who was not a pupil at Upton House we would immediately pass such information to the LSCB to handle.  We would then interview the member of staff and formally advise him/her of the allegations, making it clear that the school would not any part in the investigatory process.  He or she would be advised of the possibility of facing suspension, re-assginment or to other duties etc in exactly the same way as if the allegation had involved a pupil here.  If the allegation subsequently proved unfounded, he or she would be given full support by the school in resuming his/her career.

Allegations involving the Headmistress or Child Protection Officer

The Chairman of the Council of Management should be told at once by the Deputy Head of any allegation invioving the Headmistress.  She will obtain legal advice before proceeding to the steps outlined above.  The Headmistress will normally be suspended for the duration of the investigatory process and the Deputy head will be made acting Headmistress until the conclusion of the investigation and resolution of the issue.

A School Council made up of appointed and elected pupils meet regularly to discuss whole school issues.