Graham Fice

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Graham Fice

• Under 18s issues for Registries

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Registries in the widest sense

• Legal, regulatory and policy issues inc Senate
• Data protection guidance
• Discipline
• Operations
• Student Care Services
• Admissions and Student Records
• Criminal Records Bureau lead
• Liaison within and outside the University
• Accommodation
• Tutors
• Police
• If its students, its Registry

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The drivers

• Weve always had under 18s on campus but
• Age discrimination and removal of over 18 as
  entry condition for first degrees
• Movement between the local FE college and
  University campus for Foundation Year
• The Surrey International Study Centre on campus
  all under 18s
• Local licensing authority worried about under 18
  consumption of alcohol
• Bichard post Soham All posts, including those
  in schools, that involve working with children
  and vulnerable adults, should be subject to the
  Enhanced Disclosure regime
• CRB health check and audit

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And now

• STAYING IN EDUCATION OR TRAINING UNTIL THE AGE OF
  18 IS WIDELY SUPPORTED - JOHNSON
• 06 March 2007 Nine out of ten people support the
  idea of staying in education or training until
  the age of 18 with the strongest support coming
  from grandparents - according to research
  published today by Education Secretary Alan
  Johnson.
• In a speech to the Sector Skills Development
  Agency Mr Johnson highlighted the research which
  shows public support for extending compulsory
  education.

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The law

• Children Act 1989
• Police Act 1997
• Data Protection Act 1998
• Human Rights Act 1998 UN Convention on Rights
  of the Child
• Protection of Children Act 1999
• Criminal Justice and Court Services Act 2000
• Learning and Skills Act 2000
• Education Act 2002
• Sexual Offences Act 2003
• Children Act 2004
• The Police Act 1997 Chapter V Certification of
  Criminal Records section122, Code of Practice
• The Police Act 1997 (Criminal Records)
  (Registration) Regulations 2005
• POCA Protection of Children Act 2001
• POVA Protection of Vulnerable Adults Act 2001
• Rehabilitation of Ex-Offenders Act 1974
• Rehabilitation of Ex-Offenders Act 1975 (Exempt
  Questions)
• Safeguarding Vulnerable Groups Act 2006
• Equal Opportunities legislation

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• 6000 under 18s registered in HEIs
• Assure Minister personally you have
• Senior officer with responsibility for
  safeguarding children
• Written policy
• Enhanced CRB Disclosure for staff in regulated
  positions
• Noted principles for schools and FE in
  Safeguarding Children in Education and watch for
  guidance

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• FE Governing Body responsibilities
• Senior member of staff with authority
• Child protection policy and procedures in place
  and available
• Safe recruitment inc CRB checks on staff and
  volunteers working with children
• Procedures for dealing with allegations of abuse
• Arrangements for liaison with schools for under
  16s coming to FE colleage
• Training inc for Principal
• Rapid action to remedy any identified weaknesses
  plus annual review

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Expected DfES guidance for HE June 2007 for
2007/8

• DfES concern to have culture of safety
• HE concern that 99.8 of UK students are over 18
  and 0.2 are in transition to adulthood/over 18
  shortly after entry
• Staff in frequent and regular contact with
  under 18s would need CRB checks?
• Currently at Surrey

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CRB checks current scope (plus routine
declaration by UG/PG applicants)

• Staff working with children and vulnerable
  adults, alone, or unsupervised, for a significant
  period of time
• Under the Protection of Children Act which
  defines children as up to 18 years of age this
  means staff coming into contact with students who
  are under 18 at the time of entry to the
  University, such as personal tutors, wardens of
  accommodation, Sports Centre staff who coach
  children, and Student Care Services staff
• Students who work with children and vulnerable
  adults, alone, or unsupervised, for significant
  periods of time, during placements or as part of
  the practical work which forms part of a
  qualifying course of study.
• The CRB check would either be carried out as part
  of the admissions process or on entry to the
  course, where the fifth bullet point criteria
  below applies, or during the run-up to placement
  towards the end of the second year of study
• Student volunteers undertaking work unconnected
  with their course of study for Education Liaison
  and the Sports Centre which will bring them into
  contact with children and vulnerable adults
• Research staff and PhD students working on
  research projects which brings them into contact
  with children or vulnerable adults, alone, or
  unsupervised, for a significant period of time
• Requirements of professional bodies as a
  pre-condition to entry and practice.
• This affects health, education, social care,
  leisure (Sports Centres, Sports Governing
  Bodies). It applies to students enrolling on
  undergraduate and postgraduate taught courses
  leading towards professional registration, such
  as Nursing, Midwifery and Dietetics, and student
  volunteers working for the Sports Centre
• Service providers such as Catering where staff
  hold alcohol licences requiring CRB checks
  (enhanced), and Health Centre Nurses

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Not in loco parentis

• The term in loco parentis is used to describe the
  responsibility of a teacher towards the pupil.
  Whilst a child is in a teacher's care, some of
  the privileges of the natural parent are
  transferred to the teacher so that he or she may
  carry out his or her duties
• In return, the teacher must assume certain
  responsibilities and recognise that both legal
  and moral obligations rest upon him or her in
  every aspect of the work. In Williams v Eady
  (1893) Mr Justice Cave said that the "duty of a
  schoolmaster is to take such care of his boys as
  a careful father would take of his boys"
• The degree of care required depends to a
  considerable extent upon the age of the pupil and
  to some extent upon the particular
  susceptibilities of the individual pupil which
  ought to be known to the teacher. Older pupils
  may self-evidently be exposed reasonably to
  greater risk than younger pupils
• However, the duty of care is not extinguished
  simply because the pupil has attained the adult
  age of 18. At that age the pupil may, of course,
  reasonably be expected to behave as an adult but
  there remains upon the teacher the duty of care
  to instruct and impart knowledge with reasonable
  foresight of the consequences

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Under 18s policy issues

• Clear definition of Duty of Care
• Implications of safeguarding as a concept
• Monitoring procedures, whistleblowing
• Student contract
• Binding on a child?
• Emergencies
• Nomination of a Child Protection Officer
• Different arrangements required for overseas
  students
• Cultural sensitivities
• Facilities
• Sports changing, licensed premises

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Under 18s policy issues cont

• Contract/non-University staff in accommodation
  (eg cleaning, maintenance)
• Shared bedrooms
• Summer schools/taster days/outreach
• Internal and external
• Overnight field trips
• Placements, volunteering, work experience
• Access to inappropriate material

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• Admissions and Records
• Identify Under 18s obtain Parent/guardian
  letter
• Collect emergency contact data
• Supply data/lists
• Tutors
• CRB checked if in contact and aware of under 18s
  issues specifically
• Accommodation
• No shared room
• No CRB check on cleaning staff
• Wardens available but not proactive in care of
  under 18s
• Placement
• Enhanced risk assessment
• Access to inappropriate material
• No special steps IT regulations generally
  prohibit
• International
• No special measures except UK guardian

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Decisions following SUMS health check records

• Develop master record
• Query whether SITS appropriate although
  clearance checks used already
• Review storage, disposal and retention schedule
• Confirm no portability of Disclosures
• Disclosure storage and retention
• Secure and not on individuals file
• No copy to be made
• Destruction essential but ok to retain note of
  interview or if applicant self-declares
• Issues noted re
• Commission for Social Care Inspection
• Teacher recruitment agencies

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