Graham Fice

Under 18s: issues for Registries

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 it’s students, it’s Registry …’

The drivers

• We’ve 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

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.

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

• + various DfES guidance notes …

• 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

• 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

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 …

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

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

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

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

• 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’

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 individual’s 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