Safeguarding and Child Protection Policy

Adopted by Driven Tutors on 1st of September 2024.

Introduction

Driven Tutors Ltd (DT) was founded to offer life-changing tuition for all. We offer both offline and online tuition with the aim of providing high-quality lessons in result-driven safe environmentWe are committed to ensuring the highest possible standard of personal safety, wellbeing and safeguarding of each student and tutor using DT.This policy and the supporting procedures seek to ensure that DT undertakes its responsibilities regarding safeguarding children and young people. This policy establishes a framework to support all those who come into contact with DT, protect them from abuse and maltreatment of any kind and clarifies the organisation’s expectations.

Purpose and Scope of this Policy

The Safeguarding and Child Protection policy is based on legislation, statutory guidance and policies that seek to protect students and vulnerable adults. It outlines our position and clarifies the action to be taken to ensure that we meet our duties relating to protecting the safety and promoting the wellbeing of students. We believe everyone has a responsibility to promote the welfare of students and young people, to keep them safe and to practice in a way that protects them.

The welfare of our students is paramount in all the work we do and in all the decisions we take. All students, regardless of age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation have an equal right to protection from all types of harm or abuse.

Some students are additionally vulnerable because of the impact of previous experiences, their level of dependency, communication needs or other issues.

This policy applies to Tutors, Schools, Parents, Students, anyone working for or on behalf of DT.

This Policy relates to all situations in both the UK and Internationally. We commit that even where English law and regulation does not apply, we shall be operate as if the laws and regulations shall apply.

Our students live in a range of jurisdictions which are governed by laws and cultural expectations that differ from one country to the next. We welcome the chance to forge an international community and champion the diversity of our students and tutor.

We expect the behaviour of tutor and students within our community to be governed by the expectations laid out in our policies, which are informed by British Values and English law.

The term ‘online’ in this document refers to someone using a device to gain access to the internet.

The term ‘parent’ refers to birth parents and other adults who are in a parenting role, for example, stepparents, guardians, carers and adoptive parents.

Our Beliefs

We aim for all students to have the same opportunity to use and engage with us therefore all should have equality of protection when doing so. Our objective is to do all that we can to ensure that students are not at risk of harm. We will recognise and take appropriate action when any student may be at risk of harm.

How We Keep Students Safe

• Valuing, listening to and respecting them.
• Appointing a nominated Designated Safeguarding Lead.
• Adopting child protection and safeguarding best practice through our policies, procedures and code of conduct for tutor and volunteers.
• Developing and implementing effective online safety.• Providing effective management for tutor and volunteers through supervision, support, training and quality assurance measures so that all tutor and volunteers know about and follow our policies, procedures and codes of conduct confidently and competently.
• Recruiting and selecting tutor and volunteers safely, ensuring all necessary checks are made.• Recording, storing and using information professionally and securely, in line with data protection legislation and guidance.• Sharing information about safeguarding and good practice.
• Making sure that students, vulnerable adults and their families know where to go for help if they have a concern by using our safeguarding and child protection procedures to share concerns and relevant information with agencies who need to know, and involving students, vulnerable adults, parents, families and carers appropriately.
• Using our procedures to manage any allegations against tutor and volunteers appropriately.
• Creating and maintaining an anti-bullying environment and deal effectively with any bullying that may arise.
• Ensuring that we have effective complaints and whistleblowing measures in place.
• Building a safeguarding culture where tutor and volunteers, students, young people and their families, treat each other with respect and are comfortable about sharing concerns.

Online Safety

We take a robust approach to online safety, both to protect and educate students in responsible use of technology and to establish mechanisms which can identify, intervene and escalate any safeguarding concerns. All communication between tutors and students take place via a link. This means that personal details about the student and their parent/carers (including email addresses and telephone numbers) remain private and confidential and are not visible to the tutor.

We have established mechanisms to identify, intervene in and escalate any concerns where appropriate.As outlined in KCSIE 2023 (Para 136) DT recognise the considerable breadth of issues classified within online safety, which have been categorised into the following four areas:

Content (Student as recipient)

• Material that can be damaging to students, young people or vulnerable adults when it isn’t age appropriate.
• Sites may show sexual, violent or, hate material.
• Sites may promote harmful behaviour.

Content (Student as participant)

• This is where adults or peers contact students with a view to abusing them.
• This is where students, young people, and vulnerable adults are contacted for exploitation and radicalisation.

Content Student as actor)

• This relates to students, young people and vulnerable adults’ behaviour online.• This may include bullying and sexting.

Content (Student as consumer)

• This includes risks such as online gambling, inappropriate advertising, phishing and or financial scams.
• If we feel students are at risk, this is reported to the Anti-Phishing Working Group.

DT ensures online safety is a constant running and interrelated theme through the development and implementation of all our services, policies and procedures.

Equality of Safeguarding Provision

Some students may be at an increased risk of abuse or face additional barriers which make them less likely to disclose abuse. We are committed to ensuring that all students receive equal protection regardless of their circumstances or the barriers they face. We therefore give special consideration to a student who:\

• is disabled or has specific additional needs;• has special educational needs;
• is a young carer at home;
• shows signs of being drawn into anti-social or criminal behaviour, including gang involvement and association with organized crime groups
• frequently misses education or goes missing from care or from home;
• is misusing drugs or alcohol;
• is in a family circumstance presenting challenges, such as substance abuse, adult mental health problems or domestic abuse;
• is showing early signs of abuse and/or neglect
• is known or believed to have either consensually or non-consensually shared nudes or semi-nude images and/or videos;
• is at risk of modern slavery, trafficking, FGM, sexual exploitation, forced marriage, or being radicalised;
• is or has previously been fostered or looked after outside of their family unit due to government intervention; and/or
• is vulnerable to discrimination and maltreatment on the grounds of race, ethnicity, religion, disability or sexuality or who does not have English as a first language.

Social Media Acceptable Use

Social media is a broad term for any kind of online platform which enables people to directly interact with each other. It allows people to share information, ideas and views. Examples of social media include blogs, Facebook, LinkedIn, Twitter, Google+, Instagram, Myspace, Flickr and YouTube.

DT staff and tutors should be aware that content uploaded to social media is not private. Even if you restrict it to ‘friends’, there is still capacity for it to be re-posted or distributed beyond the intended recipients. Therefore, staff and tutors using social media should conduct themselves with professionalism and respect.

Staff and tutors should not upload any content on to social media sites that:

• is confidential to the Company or its staff
• amounts to bullying
• amounts to unlawful discrimination, harassment or victimisation
• brings the Company into disrepute
• contains lewd, sexually explicit, threatening or similarly inappropriate or offensive comments, images or video clips
• undermines the reputation of the school and/or individuals
• is defamatory or knowingly false
• breaches copyright
• is in any other way unlawful.
  

Staff and tutors on the platform should be aware of both professional and social boundaries and should not accept or invite ‘friend’ requests from students or ex-students under the age of 18, or from parents on their personal social media accounts such as Facebook.

All communication with parents should be through DT.Any content or online activity which raises a safeguarding concern must be reported to the DT safeguarding team via the incident report form.

Following any report of inappropriate use of social media, the Company will conduct an investigation, this may lead to removal from the platform or disciplinary action taken.

Definitions of Abuse

Children are considered to be abused or at risk of abuse by parents/carers when the basic needs of the child are not being met through acts of either commission or omission. Children includes everyone under the age of 18 (KCSIE, 2023).

Knowing what to look for is vital to the early identification of abuse and neglect. All staff will be aware of indicators of abuse and neglect through their experience and training so that they are able to identify cases of children who may be in need of help or protection. If staff are unsure, they should always speak to the designated safeguarding lead (or deputy).

All staff are aware that children may not feel ready or know how to tell someone that they are being abused, exploited, or neglected, and/or they may not recognise their own experiences as harmful (KCSIE 2023).

All staff should have an awareness of safeguarding issues that can put children at risk of harm. Behaviours linked to issues such as drug taking, alcohol abuse, deliberately missing education and consensual and non-consensual sharing of nudes and semi-nudes images and/or videos can be signs that children and young people are at risk.

Safeguarding and promoting the welfare of children and young people is defined as:

• Protecting children from maltreatment
• Preventing impairment of children’s mental and physical health or development
• Ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and
• Taking action to enable all children to have the best outcomes

(Keeping Children Safe in Education (KCSIE), DfE, September 2023)

Abuse (KCSIE, 2023, para 26)

• A form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm or by failing to act to prevent harm.
• Harm can include ill treatment that is not physical as well as the impact of witnessing ill treatment of others. This can be particularly relevant, for example, in relation to the impact on children of all forms of domestic abuse.
• Children may be abused in a family or in an institutional or community setting by those known to them or, more rarely, by others.
• Abuse can take place wholly online, or technology may be used to facilitate offline abuse.• Children may be abused by an adult or adults or by another student or students.

Physical Abuse

• Any form of threatened or actual violence, which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child.
• Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.
  

Emotional Abuse

• The persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s psychological state and emotional development. This may involve:
• conveying to a child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person;
• not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate;
• age or developmentally inappropriate expectations being imposed on children, including interactions that are beyond a child’s developmental capability;
• overprotection and limitation of exploration and learning;
• preventing the child participating in normal social interaction;
• seeing or hearing the ill-treatment of another person;
• serious bullying (including cyber-bullying);
• causing children to frequently feel frightened or in danger; and/or
• exploitation or corruption of students.
• Some level of emotional abuse is involved in all types of maltreatment of a student, although it may occur alone.

Sexual Abuse

• Forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve:
• physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing; or
• non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse.

Sexual abuse can take place online, and technology can be used to facilitate offline abuse.

Neglect

• The persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the student’s health or development.
• Neglect may occur during pregnancy for example, because of maternal substance abuse.
• Once a child is born, neglect may involve a parent or carer failing to:
• provide adequate food, clothing and shelter (including exclusion from home or abandonment);
• protect a child from physical and emotional harm or danger;
• ensure adequate supervision (including the use of inadequate caregivers); and/oro ensure access to appropriate medical care or treatment.
• This form of abuse may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
  

Peer on Peer / Child on Child Abuse

• Child on Child abuse (often referred to as peer-on-peer abuse) may take different forms, such as
• bullying (including cyberbullying, prejudice-based and discriminatory bullying);
• abuse in intimate personal relationships between children (also known as teenage relationship abuse); and/or
• physical abuse which can include hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm.
• Sexual violence - for the purposes of this policy and procedures when referring to sexual violence we are referring to sexual offences under the Sexual Offences Act 2003 specifically, rape, assault by penetration, sexual assault and causing someone to engage in sexual activity without consent (KSCIE 2023 Part 5: para 451)
• Sexual harassment, such as sexual comments, remarks, jokes and online sexual harassment

Child on child sexual violence and sexual harassment can happen both inside and outside of education settings. Driven Tutors are clear there is a zero- tolerance approach to sexual violence and sexual harassment, then it is never acceptable, and it will not be tolerated.

Sexual Violence and Sexual Harassment between children

Sexual violence and sexual harassment can occur between two or more children of any age and sex, from primary through to secondary stage and into college. It can occur also 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) and are never acceptable KCSIE 2023, Part 5: 448)

DT are clear that there is a zero-tolerance approach to sexual violence and sexual harassment, that it is never acceptable, and it will not be tolerated.

Child on child sexual violence can happen both inside and outside of education settings. For the purposes of this policy and procedures when referring to sexual violence we are referring to sexual offences under the Sexual Offences Act 2003 specifically, rape, assault by penetration, sexual assault and causing someone to engage in sexual activity without consent (KSCIE 2022 Part 5: 450)

Sexual harassment is ‘unwanted conduct of a sexual nature’ that can occur online and offline and both inside and outside education settings. Child on child sexual harassment is likely to: violate a child’s dignity, and/or make them feel intimidated degraded or humiliated and/or create a hostile, offensive or sexualised environment. (Sexual violence and sexual harassment between children in schools and colleges, (KCSIE 2023, Part 5: 452-4)

Harmful Sexual Behaviour

Children’s sexual behaviour exists on a wide continuum, ranging from normal and developmentally expected to inappropriate, problematic, abusive and violent. Problematic, abusive and violent sexual behaviour is developmentally inappropriate and may cause developmental damage. A useful umbrella term is “harmful sexual behaviour”. Addressing inappropriate behaviour can be an important intervention that helps prevent problematic, abusive and/or violent behaviour in the future. Children displaying HSB have often experienced their own abuse and trauma. It is important that they are offered appropriate support (KCSIE 2023, Part 5: 456-459).

Child Protection

Is one part of safeguarding and promoting the welfare of children and refers to the activity that is undertaken to protect children who are suffering, or at risk of suffering significant harm.

Significant Harm

The definition of significant harm is not prescriptive. The interpretation will depend largely on professional judgement, based on the known facts. It can include inappropriate touching, an assault, or a series of compounding events e.g., bullying. Other factors to be considered include the age and vulnerability of the child, the degree of force used, the frequency of the harm, the nature of the harm in terms of ill treatment, and the impact on the child’s health and development.

Annexes A & B of KCSIE 2023 contains important additional information about specific forms of abuse and safeguarding issues. DT requires all staff and tutors to read the annexes in conjunction with this policy and supporting procedures.

Signs and Indicators

All tutor should be aware of indicators of abuse and neglect (see below), understanding that students can be at risk of harm inside and outside of education, inside and outside of home and online. Exercising professional curiosity and knowing what to look for is vital for the early identification of abuse and neglect so that tutor can identify cases of students who may need help or protection. All tutor should be aware that abuse, neglect and safeguarding issues are rarely standalone events and cannot be covered by one definition or one label alone. In most cases, multiple issues will overlap with one another.

When identifying abuse, tutor should be mindful of the need to consider the context of the culture, law and guidance of the relevant jurisdiction of the student. It is important to consider whether the student, their family and their society view the behaviour as unacceptable, as this will be a determining factor in whether the student views the behaviour as abusive. Tutor should report the behaviour in line with expectations of behaviour in the UK, and in determining next steps the cultural context of the student or students involved will always be taken into consideration. For situations outside the UK, we take expert advice to ascertain what is and is not acceptable in the specific country and will consider the potential impact of reporting any such concerns with regards the student and their family.

It is the responsibility of all members of tutor to report all worries or concerns over safeguarding and welfare. It is not their responsibility to investigate or decide whether a student has been abused. A student who is being abused or neglected may:

• be reluctant to turn on their webcam;
• have visible bruises, bleeding, burns, fractures or other injuries;
• show signs of pain or discomfort;
• look unkempt and uncared for;
• have difficulty in making or sustaining friendships;
• appear fearful;• be reckless regarding their own or other’s safety;
• self-harm;
• show signs of not wanting to be at home;
• display a change in behaviour – from quiet to aggressive, or happy-go-lucky to withdrawn;
• challenge authority;
• become disinterested in their education or have significant declines in performance;
• be constantly tired or preoccupied;
• be involved in, or particularly knowledgeable about drugs or alcohol; and/or
• display sexual knowledge or behaviour beyond that normally expected for their age.

A member of tutor or volunteer may also see or hear something in the background when interacting online which raises concern. Any concerns should be reported even if there is no conclusive evidence of abuse.

Safeguarding Students of different ages

DT recognises that it provides tuition across a wide range of age groups, from Primary education through to A-level students.

DT is committed to ensuring their staff and tutor’s are adequately trained and prepared to recognise the different types of abuse that can impact the different age groups.

All staff and tutor’s undergo compulsory training on an annual basis. Tutor’s are made aware of how they can report a Safeguarding concern, and particularly what to recognise in a Primary environment, where signs may be less obvious.

In addition, DT recognises their safeguarding responsibilities towards their tutors. DT provides support and advice to all tutors, by providing open and easy methods of communication and supporting tutors through lesson observations and feedback.

Safeguarding International Students

DT recognises that international students will also be using the tutoring services. DT uses the same reporting approach to international students as it does to the UK.

DT safeguarding team will always endeavour to follow the same policy and procedures and notify the relevant local authority equivalent where possible.

What to do if you have a Safeguarding concern

It’s vital that you report any safeguarding concerns to DT so our Safeguarding Team can investigate fully. All Safeguarding concerns will be investigated within 24 hours of DT receiving the report.

To help the Safeguarding team respond and refer appropriately you should follow the guidance below.

• Remember that concern forms are used in court cases and inquest as evidence
• Report should be objective and detailed
• If you cannot access a copy of the Safeguarding Concern Form then contact a member of the DT Team who will assist with making a report
• Please alert the team as soon as possible. It can several hours to deal with even urgent concerns and the earlier we start the better.

To report a safeguarding concern to DT:

• Driven Tutors Safeguarding Concern Form
• Get in via email or phone.
• +44 (0) 7983 740 006 - Monday-Sunday, 24/7

If a Student Makes a Disclosure

It takes courage for someone to disclose that they are being or have been abused. It is essential that all victims are reassured that they are being taken seriously, regardless of how long it has taken them to come forward and that they will be supported and kept safe.

If a student talks to you about any risks to their safety or wellbeing, you should:

• allow them to speak freely and do not be afraid of pauses or silences;
• remain calm and avoid overreaction;
• offer reassurance and general words of comfort;
• not ask investigative questions, but rather prompt, if necessary, with open questions – where, when, what, tell, explain, describe etc. If appropriate, tutor can ask students if they have been harmed and what the nature of that harm was;
• recognise that trauma can impact memory and so students may not be able to recall all details or timeline of abuse;
• explain at an appropriate time that, in order to help, the information must be passed on to relevant people in positions of responsibility;
• not reprimand the student for failing to disclose earlier; and
• establish next steps (agree to talk with the Designated Safeguarding Lead and let the student know that someone will be in touch with them).

After a disclosure, seek support, if distressed. A student should never be given the impression that they are creating a problem by reporting abuse. Nor should a student ever be made to feel ashamed for making a report. Abuse that occurs online or outside of education should not be downplayed and should be treated equally seriously.

Securing Evidence

If an incident takes place, you have a concern, or disclosure is made, the following files should be secured:

• The recording of any online sessions relating to the concern• Any written communication related to the incident online (chats, whiteboards etc.)
• A copy of any assessment or exam paper if relates to the concern
• Any emails related to the concern
• Any written reports

These files should be passed to the Designated Safeguarding Lead who will ensure they are copied onto the student's child protection file, which is separate to their academic record.

Next steps with Disclosure

Once a disclosure has been made or a concern has been shared, the Safeguarding Team will consider the information, if necessary, taking advice, and will make a decision to either:

• Keep detailed records of the concern with no further action at this time
• Liaise with the host school’s Designated Safeguarding Lead.
• Make a child protection referral to Children’s Social Care

Where a child is suffering, or is likely to suffer from harm, it is important that a referral to children’s social care (and if appropriate the police) is made immediately.

Once the decision is made to make a referral the Safeguarding Team will contact the relevant Children’s Social Care Team and make a telephone referral. This must be followed up in writing within 24 hours.

Emergency responses

Where a child is identified at immediate risk of harm then tutor will immediately contact the Designated Safeguarding Lead who will in turn contact the Police for the areas where the risk is located using 999. This is especially important when the child is being tutored at home and there is no independent schoolteacher present.

Within one working day of a referral being made, a local authority social worker should acknowledge receipt to the referrer and make a decision about the next steps and the type of response that is required.

Where tutors are delivering tuition to children and young people in a school or college, the DT DSO/ Deputy must inform the school’s Designated Safeguarding Lead/ Officer of any safeguarding concern.

Supporting our Students

We recognise that students who have experienced trauma, have a mental illness or have experienced or are at risk of abuse or neglect can find it difficult to develop a sense of self-worth and may feel helplessness, humiliation and/or a sense of self-blame. Our culture, ethos and policies are designed to provide an environment which will support our students.

Missing Students

We recognise that a student going missing from education could be a potential indicator of abuse or neglect, including sexual abuse and sexual exploitation. Therefore, members of tutor will respond promptly to absences. Missing is defined as anyone whose whereabouts cannot be established will be considered missing until located, and their well-being or otherwise confirmed. Any concerns that a student is missing should be reported to the Designated Safeguarding Lead who will ensure all relevant parties are informed.

Prevent and Radicalisation

We recognise our duty to help prevent young people to be drawn into extremist viewpoints and radicalisation. In the UK, the Prevent Duty is the duty in the Counterterrorism and Security Act 2015 on specified authorities including providers to have due regard to the need to prevent people from being drawn into terrorism.

There is no single way of identifying an individual who is likely to be susceptible to radicalisation, but there are number of early indicators of radicalisation or extremism, which may include:

• showing sympathy for extremist causes;
• glorifying violence, especially to other faiths or cultures;
• making remarks or comments about being at extremist events or rallies;
• evidence of possessing illegal or extremist literature;
• advocating messages from illegal organisations or other extremist groups;
• out of character changes in dress, behavior and peer relationships;
• secretive behaviors including online searches or sharing extremist messages or social profiles;
• intolerance of difference, including faith, culture, gender, race or sexuality;• artwork or writing that displays extremist themes;
• attempts to impose extremist views or practices on others;
• verbalising anti-Western or anti-British views; and advocating violence towards others.

Members of tutor who have concerns about a student will make these concerns known to the Designated Safeguarding Lead (DSL) at the earliest opportunity. The Designated Safeguarding Lead (DSL) will then make a judgement as to the most appropriate course of action.

For students in the UK, the Designated Safeguarding Lead (DSL) may make a referral to the Channel programme, which is a programme that focuses on providing support at an early stage to people who are identified as being vulnerable to being drawn into terrorism. For students overseas, an equivalent organisation may be identified

We will work more generally to ensure the fundamental British values of democracy, rule of law, mutual respect and tolerance are celebrated and not undermined.

Non-emergency advice for tutor is available via the DfE’s helpline +44 (0)20 7340 7264 and by email atcounter-extremism@education.gsi.gov.uk

Online Safety

Considering the 4Cs (content, contact, conduct and commerce) we provide a range of interventions to keep students safe online also taking into consideration the fact many students have unlimited and unrestricted access to the internet via mobile phone networks. This access means some students could be at risk of sexually harassment and/ or bullying and can control others via their mobile and smart technology, share indecent images consensually and non-consensually (including via large chat groups) and view and share pornography and other harmful content.

• We communicate the importance of students being safe online.
• We share what students are being asked to do online, including sites they will asked to access and be clear who they are going to be interacting with online. We ensure appropriate filters and monitoring systems are in place and regularly review their effectiveness.
• Leaders consider the age range of our students, the number of students and how often they access the IT system.
• We ensure we have the appropriate level of security protection procedures in place in order to safeguard our systems, tutor and students and we review the effectiveness of these procedures periodically to keep up with evolving cyber-crime technologies.
• We carry out regular reviews of our approach to online safety, supported by risk

Anti-Bullying

We will make sure our response to incidents of bullying considers:

• research and resources
• the needs of the person displaying bullying behaviour
• needs of any bystanders
• our organisation as a whole.

We seek to prevent bullying through:

• Our codes of conduct
• Holding regular discussions with tutor, volunteers, students, young people and families who use our organisation about bullying and how to prevent it
• Providing support and training for all tutor on dealing with all forms of bullying, including racist, sexist, homophobic, transphobic, and sexual bullying.

Confidentiality and Data Sharing

We recognise that all matters relating to child protection are sensitive and confidential. Information is shared only on a ‘need to know, what and when’ basis. Concerns about individuals should never be discussed elsewhere, inside or outside the educational provision, unless in confidential meetings for the purpose of safeguarding. This is not only to respect any individuals involved but also to ensure that information released into the public domain does not compromise evidence.

Child protection information will be stored and handled in line with the Data Protection Act 2018 principles. Information is processed for limited purposes; is adequate, relevant, and not excessive. It is accurate; kept no longer than necessary; processed in accordance with the data subject’s rights; and secure. Student protection records will be stored securely online in a partitioned limited access area of the network and only made available to relevant individuals. Student protection records are normally exempt from the disclosure provisions of the Data Protection Act. This means that students and parents do not have an automatic right to see them. If a member of tutor receives a request from a student or parent to see student protection records, they will refer the request to the DSL who will be guided by advice from the Data Privacy Officer.

Whistleblowing

Employees can raise concerns when they suspect past, present, or imminent wrongdoing, or an attempt to conceal wrongdoing. Officially this is called ‘making a disclosure in the public interest’. We encourage all employees who have concerns about wrongdoing or malpractice involving any aspect of our work, to feel able to come forward and voice these without fear and in confidence. It is important that concerns are raised at the earliest time possible as this will allow the opportunity to address and resolve any concerns quickly.

The concern should, in most instances, be raised with the employee’s line manager though it is important that the concern is raised with the person best placed to deal with the matter and with whom the employee feels most comfortable.

There may be certain rare occasions, however, when it would be inappropriate to raise the concern with the line manager because, for example, the concern:

• may implicate the manager in some way
• is about a senior manager within the line management chain or somewhere else in the department
• is particularly serious and needs to be dealt with as a matter of urgency.

Once a concern has been raised by an employee meeting may be arranged with them to determine how the concern should be taken forward. All investigations will be conducted sensitively, as quickly as possible, and under this procedure. The investigation should be concluded within three months of the matter being raised, though some scenarios may result in a longer timeframe.

Concerns or Allegations Relating to Tutor

DT recognises its duty to report concerns or allegations against its directors, staff, or tutors. All directors, staff and tutors must comply with the relevant Code of Conduct when performing their role in order to promote safer working practices.

Allegations of abuse against directors, staff or tutors can be made by either a child or an adult and should be made immediately to the DSO. Allegations made against the DSO should instead be made to another member of the leadership team who will inform the other team members. Another suitable senior member of staff will then be appointed to take the place of the DSO in response to the allegation.

This guidance should be followed when any DT representative has:

• behaved in a way that has harmed a child, or may have harmed a child and/or
• possibly committed a criminal offence against or related to a child, and/or
• behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children, and/or
• behaved or may have behaved in a way that indicates they may not be suitable to work with children. This includes in and outside responsibilities in Driven Tutors (KCSIE 2023, Section 1: Part 356-357)

DT will deal appropriately and promptly with all allegations or concerns and refer all safeguarding concerns or allegations about its directors, staff or tutors immediately to the appropriate local authority designated officer (LADO) in accordance with local safeguarding procedures and practical guidance, in accordance with the statutory guidance Working Together to Safeguard Children, 2018.

DT will consider immediate suspension (without prejudice) if a safeguarding allegation is made against any director, staff member or tutor pending investigation when there is cause to suspect that another child(ren) is /are at risk of harm from their continued contact with children. Refer to KCSIE 2023, Part 4: 380.

Suspension will also be considered even if the allegation is not linked to their role or activity with Driven Tutors.

Reporting concerns

A member of tutor who is concerned about the conduct of a colleague towards a student must remember that the welfare of the student is paramount. No member of tutor will suffer a detriment for raising a genuine concern.

Allegations or concerns against members of tutor including the DSL should be reported directly to the Director. Tutor may also report any allegations or concerns directly to the police if they believe direct reporting is necessary to secure action and they feel a crime has been committed. Tutor may additionally use the NSPCC whistleblowing helpline number, 0800 028 0285, if they feel that tutor conduct may not have passed the threshold for a criminal offence but raises concerns which are not being addressed within the internal reporting mechanisms. Allegations against a former member of tutor no longer working for us should be referred to the police.

Reports can be made verbally but should be supported by a dated and timed note of what has been disclosed or noticed, said or done.

The case manager in Global Safeguarding must log the incident, before the end of the day. It is vital that expressions of concern that do not necessarily amount to ‘allegations’ are reported, particularly if there are repeated reports of such concerns and/or questionable conduct.

It may be that the concern expressed has been raised by another party. If there are repeated reports of such concerns and/or questionable conduct, a pattern of unacceptable behaviour may be identified.

Threshold for concerns

We accept that some professionals can pose a serious risk to students and we will act on every allegation or concern that a person working with or who is in contact with students may have:

• behaved in a way that has harmed a student, or may have harmed a student;
• possibly committed a criminal offence against or related to a student;
• behaved towards a student or students in a way that indicates he or she may pose a risk of harm to students; and/or • behaved or may have behaved in a way that indicates they may not be suitable to work with students (including
• behaviour that might have happened outside of learning environment).

Responding to low level concerns

A low-level concern is when behaviour is inconsistent with the tutor code of conduct, including inappropriate conduct outside of work, but when this behaviour does not meet the harm threshold set out above.

Examples of such behaviour could include, but are not limited to:

• being over friendly with students;• having favourites;
• engaging with a student on a one-to-one basis without recording the meeting; and/or
• using inappropriate sexualised, intimidating or offensive language. Sharing low level concerns is vital to create and embed a culture of openness, trust and transparency in which our values and expected behaviour, as set out in the tutor code of conduct, are constantly lived, monitored and reinforced by all tutor.

Sharing concerns includes self-referral, where, for example, a tutor member may have found themselves in a situation which could be misinterpreted, might appear compromising to others, and/or on reflection they believe they have behaved in such a way that they consider falls below the expected professional standards. Where a low-level concern is raised, this will be dealt with promptly and appropriately and a record of the concern kept allowing any patterns of unacceptable behaviour to be identified. To address low level concerns, we will:

• ensure tutor are clear about what appropriate behaviour is, and are confident in distinguishing expected and appropriate behaviour from concerning, problematic or inappropriate behaviour, in themselves and others;
• encourage tutor to share any low-level safeguarding concerns; • address unprofessional behaviour and support the individual to correct it at an early stage;
• provide a responsive, sensitive and proportionate handling of such concerns when they are raised; and
• monitor low-level concerns to help identify any weakness in the safeguarding system.

Responding to crimes that reach the threshold

If an allegation meets the criteria listed above under the section ‘Threshold for Concerns’, it will be dealt with according to the statutory guidance set out in Keeping Students Safe in Education (DfE, September 2023).

Tutor, parents, and members of the Governing Body are reminded not to investigate the matter themselves, not to make assumptions or offer alternative explanations for behaviours, or to promise confidentiality to the alleged victim(s). On receiving a reported concern, the case lead will proceed as follows:

• If there is no written record, write a dated and timed note of what has been disclosed or noticed, said or done.
• Notify the Local Authority Designated Officer (LADO) within 24 hours and send copies of any documentation concerning the allegation.
• Liaise with the LADO and co-operate with the investigating agencies as appropriate.
• Consider employment issues and possible disciplinary action where the investigating agencies take no further action.

The Education Act 2011 prohibits the publication of material that may lead to the identification of a member of tutor who is the subject of an allegation. ‘Publication’ includes verbal conversations or writing, including content placed on social media sites. We will always comply with the provisions of the Act.

Managing Allegations

Upon receiving an allegation or concern about a tutor member, the case manager will immediately discuss the allegation with the LADO. The purpose of an initial discussion is for the LADO and the case manager to consider the nature, content and context of the allegation and agree a course of action.

In the process of this liaison, the case manager and LADO will:

• share what information is available, both from the source of the allegation and also from Personnel files;
• identify what other information might be needed;
• consider whether the alleged perpetrator should continue working or remain in contact with students;
• consider whether suspension is appropriate;
• decide what information and/or advice is to be given to the case manager, including whether the member of tutor should be informed of the allegation at this stage; and
• decide what action is needed, and who needs to be involved and informed (including the Disclosure and Barring Service [DBS] and/or Teaching Agency).

Decisions about the course of action are taken on a case-by-case basis, bearing in mind the paramount importance of the safety of any student(s) involved but also remembering that the member of tutor, against whom an allegation has been made, has the right to remain anonymous and to expect any allegations to be investigated as expeditiously as possible.

Any course of action is subject to a risk assessment. Decisions would also follow the guidance of the LADO and/or police. If the parties involved in these discussions consider it necessary, a Strategy Meeting is arranged, usually by Social Services, which will involve representatives from the LADO, the police and the provider (e.g., the Principal, DSL or Chair of Management Board, as appropriate).

From the above discussions, there are three possible courses of action:

• It may be the subject of a police force and/or joint police and Social Services investigation and possible action through the courts; or
• It may be the subject of a disciplinary investigation; or
• The matter may be remitted to the provider to be dealt with.

The following definitions will be used when determining the outcome of allegation investigations:

• Substantiated: there is sufficient evidence to prove the allegation
• Malicious: there is sufficient evidence to disprove the allegation and there has been a deliberate act to deceive
• False: there is sufficient evidence to disprove the allegation • Unsubstantiated: there is insufficient evidence to either to prove or disprove the allegation; the term, therefore, does not imply guilt or innocence
• Unfounded: to reflect cases where there is no evidence or proper basis which supports the allegation being made.

If Social Services and the police decide to take no action, we will still need to consider what further investigation is necessary. If there is a case to answer, a disciplinary hearing will be called, which could lead to dismissal. Where a criminal investigation has taken place and either (i) a trial has resulted, (ii) the investigation has been closed without charge or (iii) a decision has been taken not to prosecute a case after charge, the case manager will discuss with the LADO what, if any, further action is required as regards the member of tutor concerned and the sharing of information obtained by the agencies involved in assisting any further action to be taken by us.

Where a disciplinary investigation is required, the investigation should be conducted in accordance with our disciplinary procedure. ‘Settlement agreements’ (by which contract a person agrees to resign, we agree not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference), will not be used in these cases.

Supporting those involved

Every effort will be made to maintain confidentiality and guard against publicity while an allegation is being investigated or considered. Apart from keeping the student(s), appropriate external parties and the person about whom the allegation has been made (in cases when this would not place the student at further risk) up to date with progress of the case, information should be restricted to those who have a need to know in order to protect students, facilitate enquiries or manage related disciplinary processes. As an employer, we have a duty of care towards our employees. DT will ensure effective support for anyone facing an allegation and provide a named contact if they are suspended.

Social contact with colleagues will not be prevented, unless there is evidence to suggest that it is likely to be prejudicial to the gathering and presentation of evidence. The deliberations of a disciplinary hearing, and the information taken into account in reaching a decision, cannot normally be disclosed, but relevant parties will be told the outcome.

Action upon conclusion of a case

DSO will refer to the DBS (following consultation with the LADO) any person who has been removed from working (paid or unpaid) in regulated activity, or would or might have been so removed had he/she/they not resigned or left of his/her/their own accord, and it believes the person may have harmed, attempted to harm, incited another to harm or put a student at risk of harm or if there is reason to believe the person may have committed one of a number of offences listed under the Safeguarding Vulnerable Groups Act (Prescribed Criteria and Miscellaneous Provisions) Regulations 2009. ‘Removal from working’ for these purposes will include dismissal, non-renewal of a fixed term contract, no longer using a supply teacher engaged directly or supplied by an agency, terminating the placement of a trainee or volunteer, no longer using tutor employed by a contractor and resignation or voluntary withdrawal from any of the above. (KCSIE 2022, Part 4:404).

In cases where it is decided on the conclusion of the case that a person who has been suspended can return to work, we will consider how best to facilitate this. We appreciate that most people would benefit from some help and support when returning to work after a very stressful experience. Depending on the individual’s circumstances, a phased return and/or the provision of a mentor to aid and support in the short term may be appropriate. We will also consider how the person’s contact with the students who made the allegation can best be managed if they are still attending the educational provision. If an allegation is determined to be false, the case manager may refer the matter to Children’s Services to determine whether the student concerned needs services or may have been abused by someone else. If an allegation is shown to have been deliberately invented or malicious, DT will inform the main education provider who can consider whether any disciplinary action is appropriate against the student who made it.

A referral will be made to the Teaching Regulation Agency (TRA) via the GOV.UK website where a teacher/tutor has been dismissed (or might have been dismissed had he/she not resigned) and a prohibition order may be appropriate. The reasons such an order would be considered are ‘unacceptable professional conduct’, ‘conduct that may bring the profession into disrepute’ or a ‘conviction, at any time, for a relevant offence’.

DT are committed to learning any lessons, alongside support and guidance with the LADO to determine whether there are any improvements to be made to our procedures, or to help prevent similar events in the future. This includes lessons learned about suspension, reinstatement after suspension. (KCSIE 2023, Part 4: 421-422)

Records

A central record of all allegations and concerns (and connected documents) against members of tutor will be kept securely, separate from normal tutor and students' records, and with access limited to the DSL, as well as DT Human Resources representatives and officers who may be key workers for cases.

The only exception to this requirement for permanent recording is where allegations have been found to be malicious. In such cases, all records will be removed from tutor personnel files. The record of allegations may provide clarification in cases where a future DBS disclosure reveals information from the police about an allegation that did not result in a criminal conviction. It will also help to prevent unnecessary re-investigation if, as occasionally happens, an allegation re-surfaces after a period.

The record will be retained at least until the member of tutor involved has reached normal retirement age, or for a period of 10 years from the date of the allegation if that is longer. An allegation which was proven to be false, unsubstantiated or malicious will not be included in references for tutor. Where there have been concerns about a member of tutor and he or she leaves us to work elsewhere, the DT Global Director of Safeguarding it will consider the question of passing the concerns to the new employer or authority. We will pass allegations or concerns affecting a student on to his or her next provider, if applicable.

Student Code of Conduct

We expect that all students are responsible for their behaviour. Our expectation is that all students will participate positively in their educational provision and gain from the experience. All students are expected to:

• ensure a neutral background when on video;
• treat tutor and their peers with respect and fairness;
• not make any improper suggestions towards tutor or their peers during their sessions or through their online communications;
• not send a ‘friend’ or ‘follow’ request to their tutor via social media. They will refrain from asking tutor to disclose their personal information such as their personal address or personal phone number; and
• be responsible for the security of their login details to the platform and any communication that are sent from this address. They must not share their username and password and must not let someone else log into their account assuming their identity.
• If a student feels their login details have been compromised, they must immediately change their password and report the situation.
• Student on Student abuse will not be tolerated.

Students should always access their educational provision in a way that shows consideration and respect. It is not acceptable to use obscene, profane, threatening, or disrespectful language. These behaviours will result in sanctions, and where appropriate Safeguarding procedures will be initiated:

• sending or posting discriminatory, harassing, or threatening messages or images;
• stealing, using, or disclosing someone else's code or password without authorization;
• sending or posting confidential material;
• violating copyright law;
• participating in the viewing or exchange of pornography or obscene materials;
• sending or posting messages that defame or slander other individuals;
• using the platform for the purposes of promoting radicalisation or any sort of gambling;
• refusing to follow our rules;
• recording any session and transmitting it;
• not dressing appropriately (examples: dressed in revealing clothes, dressed in clothes with inappropriate sayings); and
• participating in cyber bullying and/or harassment.

Tutor Code of Conduct

We expect that all tutors are responsible for their behaviour. Our expectation is that all tutor will always model professional behaviours. The safeguarding of Students is paramount and takes precedence over all other considerations.

All tutor members are expected to:

• identify a suitable environment for meetings and any online interactions;
• discourage, where possible, students from making video calls from their bedroom;
• insist on appropriate clothing for all participants;
• ensure none of their personal items are visible in the background in online meetings;
• ensure distractions and disturbances are minimised;
• be conscious of confidentiality when working online;
• not engage in conduct (including other employment) which could reasonably be expected to damage the reputation and standing of the organisation;
• complete all relevant safeguarding training provide;
• treat all students fairly and without prejudice, and treat students and other tutor with respect;
• not make any improper suggestions towards any student during their sessions or through their communications;
• not share their personal contact details with students including their personal mobile number, personal email address or social media or gaming accounts. Tutor should therefore not accept any ‘friend’ or ‘follow’ requests from students on their social media accounts; and
• Tutor should not share the link to an online meeting with anyone other than the students involved in the session.
• Tutor are responsible for the security of their login details to the platform and any communication that are sent from their work address. They must not share their username and password and must not let someone else log into their account assuming their identity.
• If tutors are concerned their login details may have been compromised, they must immediately change their password and report the situation to the Designated Safeguarding Lead with the relevant details.
• Any instances where a member of tutor feel their actions, or the actions of others, may have compromised the organisation, or their own professional standing, should be recorded and reported to the Safeguarding Director.

Although this Code of Conduct gives advice and instruction on how to deal with specific situations, it should not replace professional common sense and good judgement. In all matters relating to student/tutor relationships, tutor must bear in mind how an action might reasonably be regarded by a third party.

Accessing, Storing, and Retaining Student Protection Records

Child protection records refer to records relating to concerns about a student’s safety and welfare, and/or concerns about possible risks posed by people working with students, young people, and vulnerable adults. These documents will be stored separately from a student, young person and vulnerable adults’ general documents and will be up to date and relevant to the purpose for which they are held. These will only be kept for as long as is necessary and will be destroyed when they are no longer relevant.

The files will only be accessed by those involved in safeguarding procedures the organisation. They will be made available to safeguarding agencies/the Police and to the Designated Safeguarding Lead if necessary. In England, Scotland and Wales, the file should be kept for 7 years or until the student is 25 (this is seven years after they reach the provider leaving age) (Information and Records Management Society (IRMS), 2019). In Northern Ireland, the government recommends that student protection files should be kept until the student’s 30th birthday (Department of Education, 2016).

If concerns have been raised about an adult’s behaviour around students, the general rule is that we keep the records in their personnel file at least until they reach their normal retirement age or for 10 years. We keep records for the same amount of time regardless of whether the allegations were unfounded. However, if we find that allegations are malicious we destroy the record immediately.

Training and Development

We consider Safeguarding training as essential for ensuring all Students are protected. As such, all tutor will:

• receive Safeguarding training in their induction (this will include the use of the functionality of any online delivery platforms, and specific online Safeguarding practices);
• receive Child Online Safety Training;
• read and understand Part 1 of Keeping Students Safe in Education 2023;
• read and understand our Safeguarding and Child Protection statement; • receive regular emails and other communications updating them on new information, legislation etc;
• undergo early Safeguarding update training; and
• receive training and workshops around specific themes
  

Designated Safeguarding Leads must complete the additional training below:

• Specialist Designated Safeguarding Lead training
• Topic specific training

Recruiting managers

• All interview panels will contain at least one member who has been trained in Safer Recruitment

Organisational Structure and Governance
DT is committed to providing support to all those involved with the organisation. A clear structure of safeguarding accountability supports everyone to understand their individual and collective responsibilities for safeguarding children and young people.DT will ensure it has arrangements in place to fulfil its commitment and duty to safeguard children and young people in accordance with legislation and statutory guidance.

DT Board of Directors
Directors play a vital role in ensuring that they are legally compliant in order to manage the organisation’s resources effectively and provide a long-term vision and protect the organisation’s reputation and values.In order to fulfil these responsibilities, the Board of Directors may delegate some or all of these responsibilities’ individual directors or members of the leadership team.

Directors are responsible for:

• Approving all safeguarding policies and supporting procedures
• Ensuring adequate resources are available for effective safeguarding practices and training
• Ensuring effective reporting and auditing processes are in place and that the same are regularly reviewed· Receiving regular safeguarding reports from the leadership team
• Developing a culture within the organisation that promotes effective safeguarding practices

DT Leadership Team
The leadership team will ensure a commitment to safeguarding is integral in the delivery of all its services, activities and contracts. They will assist in the safer recruitment and selection of tutor and tutors.

The Leadership Team will ensure that:

• Safeguarding and a culture of vigilance is promoted and embedded in all areas of the organisation including with the organisation’s partners and contractors
• Clear and effective communication pathways for safeguarding are shared with all tutor, tutors and customers
• Proposed changes to safeguarding policies and supporting procedures are presented to the Board in accordance with the agreed cycle of policy review
• The Named Designated Safeguarding Officer and Deputy Designated Safeguarding Officers have sufficient resources in order that they may discharge their functions detailed below
• Safe recruitment and selection practices of tutor and tutors are implemented in accordance with the safer recruitment policy and procedures
• They coordinate the investigation of concerns and allegations against tutor members or tutors

DT Named Designated Safeguarding Officer and Deputies
The Named Designated Safeguarding Officer (DSO) will be provided with the appropriate level of training to enable them to fulfil their responsibilities in supporting and guiding tutor and tutors on safeguarding matters. The training should be updated every two years. They are responsible for responding to initial concerns or disclosures.

The Named Designated Safeguarding Officer and Deputies will:

• Provide ready and accessible support and guidance to all tutor, tutors and directors on safeguarding matters
• Manage all safeguarding reports and act as liaison for statutory services during any criminal or safeguarding investigation
• Ensure that serious incidents relating to safeguarding are reported immediately and managed effectively
• Report allegations against directors, tutor, or tutors to the relevant Local Authority and Disclosure and Barring Service as appropriate
• Ensure accurate records of all safeguarding concerns and the secure storage of all safeguarding records
• Provide a quality assurance and review function for all safeguarding concerns
• Work with all the above governance bodies to inform of serious or untoward safeguarding incidents as appropriate
• Ensure the adoption, implementation and auditing of all policies and strategies in relation to safeguarding
• Liaise with school Designated Safeguarding Leads on matters of safety and safeguarding, in particular online and digital safety involving DT tutors, when deciding whether to make a referral to the relevant agencies.
  

Driven Tutors Designated Safeguarding Lead

Piranavan Kirupakaran

info@driventutors.co.uk

+44 (0) 7983 740006

Further information on the role and responsibilities of the Designated Safeguarding Lead, Deputies and Champions in the context of schools can be found in the statutory guidance KCSIE 2023, Annex C.

Driven Tutors Staff and Tutors
All DT staff and tutors have a shared responsibility to safeguard and promote the welfare of children and young people. They should know how to recognise, respond to, report and record any safeguarding concerns.
All staff and tutors are responsible for following the organisation’s safeguarding procedures for reporting any concerns relating to abuse or neglect or suspected abuse or neglect of any child or young person immediately.
In an emergency staff and tutors will be expected to report urgent concerns directly to the relevant statutory agency.

Complaints
If a complaint is identified as a potential safeguarding concern, then the Safeguarding Procedures will be followed.

Quality Assurance and Review
DT is committed to striving for excellence in the provision of all its services. We do this by actively reviewing the safeguarding systems in place.
We use an electronic recording system to capture all relevant data that supports the evidencing and monitoring of compliance in safeguarding. This quality assurance mechanism is a crucial and integral part of the governance structure.
The leadership team will review the safeguarding policy and supporting procedures annually to ensure they continue to reflect legislation and guidance. Any amendments to the policy and supporting procedures will be submitted to the Directors for approval.

Review Dates
We review our Policy at least every year to ensure that our commitments remain relevant to the nature of operations and practices.

Date of Next Review: No later than September 2024