Graham Fice

Under 18s: issues for Registries

Registries in the widest senseLegal, regulatory and policy issues inc SenateData protection guidanceDisciplineOperations:Student Care ServicesAdmissions and Student RecordsCriminal Records Bureau leadLiaison within and outside the University:AccommodationTutorsPoliceIf its students, its Registry

The driversWeve always had under 18s on campus but Age discrimination and removal of over 18 as entry condition for first degreesMovement between the local FE college and University campus for Foundation Year The Surrey International Study Centre on campus all under 18sLocal licensing authority worried about under 18 consumption of alcoholBichard 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

And now STAYING IN EDUCATION OR TRAINING UNTIL THE AGE OF 18 IS WIDELY SUPPORTED - JOHNSON06 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.

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

+ various DfES guidance notes

6000 under 18s registered in HEIsAssure Minister personally you have:Senior officer with responsibility for safeguarding childrenWritten policyEnhanced CRB Disclosure for staff in regulated positionsNoted principles for schools and FE in Safeguarding Children in Education and watch for guidance

FE Governing Body responsibilities:Senior member of staff with authorityChild protection policy and procedures in place and availableSafe recruitment inc CRB checks on staff and volunteers working with childrenProcedures for dealing with allegations of abuseArrangements for liaison with schools for under 16s coming to FE colleageTraining inc for PrincipalRapid action to remedy any identified weaknesses plus annual review

Expected DfES guidance for HE: June 2007 for 2007/8DfES concern to have culture of safetyHE concern that 99.8% of UK students are over 18 and 0.2% are in transition to adulthood/over 18 shortly after entryStaff in frequent and regular contact with under 18s would need CRB checks?Currently at Surrey

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 timeUnder 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 staffStudents 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 timeRequirements 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

Not in loco parentisThe 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 dutiesIn 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

Under 18s policy issuesClear definition of Duty of CareImplications of safeguarding as a concept: Monitoring procedures, whistleblowingStudent contract: Binding on a child?EmergenciesNomination of a Child Protection OfficerDifferent arrangements required for overseas students:Cultural sensitivitiesFacilities:Sports changing, licensed premises

Under 18s policy issues contContract/non-University staff in accommodation (eg cleaning, maintenance)Shared bedroomsSummer schools/taster days/outreach: Internal and externalOvernight field tripsPlacements, volunteering, work experienceAccess to inappropriate material

Admissions and Records: Identify Under 18s + obtain Parent/guardian letterCollect emergency contact data Supply data/listsTutorsCRB checked if in contact and aware of under 18s issues specificallyAccommodationNo shared roomNo CRB check on cleaning staffWardens available but not proactive in care of under 18sPlacementEnhanced risk assessmentAccess to inappropriate materialNo special steps IT regulations generally prohibitInternationalNo special measures except UK guardian

Decisions following SUMS health check: recordsDevelop master record Query whether SITS appropriate although clearance checks used alreadyReview storage, disposal and retention scheduleConfirm no portability of DisclosuresDisclosure storage and retention:Secure and not on individuals fileNo copy to be madeDestruction essential but ok to retain note of interview or if applicant self-declaresIssues noted re:Commission for Social Care InspectionTeacher recruitment agencies