Education

I work in a school and have just been suspended. Are there any there any polices and procedures which the LEA or my school Governors have to follow?  Gordon

The DfES (UK) have published a number of booklets concerning the investigations of abuse allegations. If the issue is considered a police matter the police will, in consultation with the social services (child protection department), usually carry out their investigation first. Once this is complete the LEA and/or Governing Bodies will carry out their investigation into any allegations made against any teacher/school staff. 

If you have been suspended you need to look at your contract of employment to see what it says about issues relating to alleged misconduct. You also need to examine the schools disciplinary procedure and, if necessary, their child protection policy. If you don't have these to hand write and ask for them or get your trade union advisor to obtain them for you.

Most schools, except private schools, are required to take note of advice given to them by the DfES. The following documents form part of this advice.

• The Education (School Government) (England) Regulations 1999 [S.I. 1999/2163] These regulations covering practice and procedure in all aspects of school governance as required by the School Standards and Framework Act 1998.  These Regulations came into force on 1 September 1999, except regulations 22(1), 29(11) and 51, which came into force on 1 April 2000.  They applied to maintained schools and new schools in England. but have in the most part, been superseded by the Education Act 2002.
• Definitions and Thresholds for Managing Allegations Against School Staff (Jan 2004)
• Managing the Aftermath of Unfounded and Unsubstantiated Allegations (Jan 2004)
• Staff Subject to Allegations (Jan 2004)
• Guidance For Education Staff Facing Allegations Of Abuse (August 2004)

Another useful document to examine is Child Protection: Preventing Unsuitable People from Working with Children and Young Persons in the Education Service. This contains a particularly useful section on the workings of the (CRB)Criminal Records Bureau, and the difference between basic, standard and enhanced disclosures. Additional guidance can also be found here  You can also download a Judgement in the Administrative Court which deal with the issues raised by 2 people who challenged decision of the Police to include non conviction information on the enhanced criminal record disclosure (crb check)

This guidance has been produced by the National Network of Investigation and Referral Support Co-ordinators with the support of the DfES, Department for Education and Science. The guidance provides useful advice to local authorities and governing bodies. They are well worth looking at as they provide a useful benchmark by which good practice can be be measured.

In Nov 2005 the Government issued new guidance for dealing with Allegations of Abuse Against Carers and Other Staff.   This guidance relates to England. Similar guidance was produced for Wales

Update: The Government have issuwed new guidelines. The following Reports are recoomended reading;

• Working Together to Safeguard Children 2006;
• Safeguarding Children and Safer Recruitment in Education; 
• Guidance on the Role of the Lead Professional; 
• Safeguarding Vulnerable Groups Act which establishes the legal basis for the new vetting and barring process and makes it a criminal offence to employ or supply an employee without criminal records checks;
• Guidance on the Common Assessment Framework;