e-Safety and the Law: How to Safeguard Your Learners

23 March 2010

Safeguarding Conference

RSC Northern

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Hello!• Jackie Milne

JISC Legal Service

• jackie.milne@jisclegal.ac.uk

• 0141 548 4939

• www.jisclegal.ac.uk

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Safeguarding for Colleges• Wider than child protection

• More than safe recruitment

• “It means having a culture of vigilance where all staff know their responsibilities...and all learners are aware of what they can expect and what to do if they have concerns.”

‘Safer Recruitment and Safeguarding Learners in the FE sector’ workshop handbook 2009

Background and Ofsted• Self Evaluation• ‘If a provider is judged inadequate for safeguarding,

then it is most likely that they will be judged inadequate for overall effectiveness.’ Ofsted

• “Children and young people need to be empowered to keep themselves safe...” Dr Tanya Byron Safer children in a digital world: The report of the Byron Review

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Managing Risk

• RIGHT TO BE, FEEL SAFE

• FREE from victimisation and discrimination

• DUTY OF CARE: take all reasonable steps to ensure ‘safety’ (behaviours and systems)

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Some Legal Issues…• Sexual Offences

• Obscene publications

• Cyberbullying (Houghton)

• Harassment

• Defamation

• Data Protection & Privacy

Scenarios

What is the issue?

Discussion of scenario

Responses

e-Safety Policy• Consultation (learners, staff, parents)

• Scope (parties, technologies, responsibilities)

• Link with other policies, context (AUP, child protection, anti-bullying, e-security)

• Clear guidance on minimising risk (technical measures, policy, procedures, education)

• Incident recording procedure (grid, flow chart)

• Inclusion in curriculum and training

• Partnerships, agencies, support

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Dealing with incidents• Clear guidelines on appropriate response (immediate,

proportionate, to whom, follow up)• Accidental/deliberate • Inappropriate/illegal (internal, external involvement)• Response appropriate to incident• Investigation (AUP, no surprises)• Sanctions (AUP, disciplinary procedure)• All incidents and actions recorded• Joined up response, support

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Conclusions• Whole college community approach (safe and/or responsible)• Think ahead – responsibilities, advice, support • Senior management responsible for safeguarding and leading• Formulate an action plan (audit)• Ensure AUP is up to date: reporting and incident response

procedures, agreement• Ensure all staff and learners know policy content• Embed safeguarding - link policies with e safety, MANAGE risk• Monitor use of safe network (transparent)• Raise awareness – education, training (audit), publicity with

parents• Review/update procedures (offsite learning)• Measure IMPACT and assess EFFECTIVENESS

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Your questions and Your questions and commentscomments

www.jisclegal.ac.ukinfo@jisclegal.ac.uk