2. Safer Working Practice

Adults who work with children must understand that they are in a position of trust. This arises from the nature of their work, and the responsibilities related to it. It is crucial that all adults who work with children know what is expected of them in terms of appropriate and safe behaviour. This applies to all adults involved in every setting, paid or unpaid working directly with children or not.

The Government issued the 'Guidance for safer working practice for those working with children and young people in education settings'. The guidance is generic, and some sections may be more appropriate to early years and childcare settings than others. Each setting is provided with a link to access a current copy of the 'Guidance for safer working practice for those working with children and young people in education settings' for information when attending Safeguarding Lead Practitioner (SLP) training.

The guidance aims to:

• Keep children safe by clarifying which behaviours constitute safe practice, and which behaviours should be avoided
• Assist adults to work safely and responsibly, and to monitor their own standards and practice
• Support managers and employers in setting clear expectations of behaviour and/or relevant codes of practice
• Support employers in giving a clear message that unlawful or unsafe behaviour is unacceptable and that, where appropriate, disciplinary or legal action will be taken.
• Minimise the risk of misplaced or malicious allegations against adults
• Reduce the incidents of positions of trust being abused or misused
• Support safer recruitment

Adults whose practice deviates from the guidance may bring into question their suitability to work with children in any capacity and could result in disciplinary action.

Adults who work with children should be aware that their behaviour outside the work situation or in relation to their own children may be seen as having an impact on their work situation, and on their suitability to work with children. The obvious example is that an offence committed against a child outside of work will almost certainly have implications for continued working with children. But other behaviour - such as misuse of alcohol or drugs, or abuse of other adults - may also have implications.

A code of conduct should be in place within every setting. Its purpose is to help everyone who works in any capacity in the setting to consistently maintain the highest possible standards of professional conduct, and to clearly identify to service users what they can expect.

All adults who work with or for children have a personal responsibility to be aware of, and abide by, any code of conduct that applies to their profession or work setting.

What should be in a code of conduct?

All codes of conduct should ensure compliance with the Government's guidance regarding safer working practice. This includes requirements and commitments that ensure that the setting, its staff and volunteers are able to:

• Prioritise the safety and wellbeing of children, and maintain a focus on their needs
• Treat children, parents, carers and colleagues with dignity and respect
• Provide good role modelling - in respect of professional behaviour
• Communicate effectively and professionally. This includes avoiding inappropriate language, remarks and gestures
• Maintain confidentiality as appropriate, and be clear about when information will be shared
• Maintain professional integrity and recognise appropriate boundaries. This includes not sharing personal phone numbers with children and parents, and not using social networking sites to communicate to anyone regarding the setting or any aspect of work in an early years and childcare setting
• Present themselves appropriately in a work context. This includes wearing appropriate and safe clothing and any activity undertaken outside of the setting whilst wearing the setting uniform/logo
• Behave appropriately in a work setting. This includes promoting healthy eating and drinking and all other behaviour
• Behave appropriately outside the work setting
• Not misuse substances such as drugs and alcohol that might have a detrimental effect on children or an individual's suitability to work in an early years and childcare setting
• Take responsibility for informing the line manager of any information about any health/personal issues that might have a detrimental effect on suitability to work with children
• Access relevant training, and ensure learning is embedded in practice

It should also set out what happens if there is a breach of the Code e.g. any breaches of this Code will be addressed in accordance with the setting's disciplinary policy.

These are example headings that could be included in a Code of Conduct Policy:

• Confidentiality
• Behaviour
• Dress and appearance
• Gifts, rewards, and favouritism
• Online Safety (including Photography, Videos, Mobile Phones, Social Media)
• Physical contact
• One to one situations
• Transporting children
• Trips and outings
• Intimate/Personal Care

As well as having a code of conduct in place, early years and childcare settings need to consider all areas of their work in relation to safer working practice. For example, staff who provide babysitting services outside the workplace for families using the nursery. Individuals and providers should think about possible implications and ensure the setting has a policy that details if babysitting is allowed.

Online Safety includes the use of photography and video, the internet and social media sites, mobile phones, smart watches and other mobile technology.

Early years and childcare settings must have an online safety policy in place which is reviewed annually and revised in light of the latest advice. The policy should include information about use of:

• Photography and videos
• Social media sites
• Mobile phones

Online safety is about ensuring children are not harmed, placed at risk or bullied through use of the internet, emails, blogs, and social media, or by mobile phones and electronic devices and games. Online safety should be considered a safeguarding issue. There are safeguarding risks associated with the use of technology in the setting, including personal mobile phones and smart watches. The setting will need to take steps to ensure that there are effective procedures in place to protect children from the unacceptable use of technology or exposure to inappropriate materials on this technology. If a setting chooses to allow staff to wear smart watches, they will need to state within their Online Safety and Safeguarding policy how they will mitigate the risks.

An example could be:

• Smart watches are permitted to be worn but only as a watch when working with children. But the following steps must be adhered to:
•  All other functions must be disabled with Bluetooth disconnected or on 'flight mode', this will ensure there is no internet connection or Wi-Fi connection
• The Smart watch must be on silent mode at all times
• Staff should not use their smart watch to access photos or images while in the setting
• Staff need to be vigilant of others checking their smart watches and remind them of the policy
• Photographs can only be processed from a Smart Watch with a mobile device in close proximity; staff are reminded that mobile phones must be stored in the designated area
• With ongoing technology advances, the setting reserves the rights to request the removal of a Smart Watch if it deemed a safeguarding risk to children
• The setting has a duty to ensure all children are safeguarded and protected from harm online. Online Safety includes the use of photography and video, the internet, social media sites, mobile phones and smart watches

Recognising the online safety issues and planning accordingly will help ensure appropriate, effective and safe use of communications by all staff in early years and childcare settings.

Consider: Are parents/carers allowed to take photos of their children at your organisation? If they are allowed to do so, what rules are in place to ensure this is done safely?

Use of photography and videos

Working with children may involve taking or recording images. It is important that this is done in ways that are legal and that safeguard the privacy, dignity, safety and wellbeing of children. It is important that adults are sensitive to any child who appears uncomfortable about being photographed or filmed, whatever the reason.

CCTV

Settings need to make it clear to parents if they use CCTV, for example:

'Our organisation premises uses CCTV to protect all those who attend. We ensure these systems meet statutory and safeguarding requirements and the data recorded by these systems is compliant with the Data Protection Act 2018. There is clear signage indicating that CCTV is in use.'

Written consent

Informed written consent must always be obtained from parents and carers, and where possible the agreement of a child should always be sought. Informed written consent for looked after children must be obtained from the child's social worker and not their carer.

The consent for each use of photographs should make it clear what the photograph will be used for e.g. publicity, learning stories etc. Parents must give consent for their child to appear alongside other children in photographs that may be used in other children's learning stories and publications.

Practitioners support children's development and engage parents in children's learning and development through the use of photographs that record their achievements.

Practitioners should feel supported to use and make the most of the benefits of technology whilst ensuring that children are kept safe.

Within the setting's Online Safety policy, it is recommended that there is also an 'Acceptable Online Usage Agreement' for staff and volunteers, which sets out the standards to be adhered to when being online. This should be signed by all staff.

Storage of images

A labelled camera for use by the setting should be provided for recording images of children's activities and achievements. The camera must be stored confidentially in a locked cabinet. Where childminders do not have a separate camera for work purposes they will need to consider the safe and confidential storage of images. Recording of images must always be appropriate and proportionate to the activity undertaken. It is not considered good practice to remove images from the setting or to complete learning stories away from the setting due to data protection security of child records and confidentiality.

Where childminders do not have a separate camera for work purposes they will need to consider the safe and confidential storage of images.

Screens should always be locked with password protection if they are temporarily not in use.

Publication of images

Careful consideration should be given to all situations where images are taken of children, and especially where they may be used for publicity, or published in the media or on the internet. Consideration must be given to whether images are stored for further use or destroyed, and about who will have access to them in accordance with data protection legislation.

Indecent images

There are no circumstances that will justify adults possessing indecent images of children. Adults who access and possess links to such websites will be viewed as a significant threat to children.

It is never appropriate for adults to take photographs of children in a work setting for their personal use.

Adults who work with children must make sure that children are not exposed to any inappropriate images or web links.

Where indecent images of children or other unsuitable material is found, the Police and the Local Authority Designated Officer (LADO) must be informed immediately.

NSCP website - LADO guidance documents and referral form https://www.norfolklscb.org/people-working-with-children/how-to-raise-a-concern/local-authority-designated-officer-lado/

Organisations should also have in place clear policies in line with those from the NSCP (NSCP 8.3) for dealing with: "Allegations Against Persons who work / volunteer with children". The NSCP website contains important information on policies and procedures Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk)

More information about what is acceptable behaviour by adults in this context is available in the Government's 'Guidance for safer working practice for those working with children and young people in education settings' -Professional and Personnel Relationships

Childminders must keep such intimate material out of sight of the children in their care. It is not appropriate to discuss intimate matters in the workplace.

Use of social media sites

'Social media' is the term commonly given to websites or online tools that build and maintain community engagement, examples include all existing and emerging social media sites.

Good practice tips include:

• Set accounts to private
• Monitor comments and content and act if needed
• Set up administration rights to ensure only nominated people can post/invite people to join
• Have an 'Online Usage Agreement' for Staff and Volunteers, which sets out the standards to be adhered to online, including social media.

It is never appropriate for adults to name or otherwise identify any child or family that they work with on a social networking site and it is never appropriate to post pictures of, or to discuss or comment on, a child or family they work with.

Consideration should be given in the online safety policy to appropriate personal, as well as professional use of social networking sites by adults working in early years and childcare settings. Childminders will need to ensure other members of the household are fully aware of this. This is particularly important because these tools are more informal than traditional forms of communication and have a potential audience far wider than the group the person is communicating with. Conversations and photographs on personal profiles might sometimes be linked back to the adult as a professional in an early years and childcare setting.

Adults working in early years and childcare settings should not be in possession of intimate material in the workplace albeit adult material. This could be either on their phones or in hard copy.

Use of mobile phones

• Adults who work with children must not carry or use personal mobile phones or tablets during working hours. The reasons are that:
• Mobile phones provide an easy way of taking images and of communicating these via the internet and in emails etc.,
• Childminders will need to carefully consider the use of mobile phones, seeking agreement with parents, as mobile phones may be an important part of their working practice.
• Using a mobile phone can cause disruption and distraction and result in not giving full attention to a child.

Personal mobile phones

Personal mobile phones must be stored securely in an area designated for personal belongings. This area must not be accessible by children. It should be clearly understood in the workplace that all personal mobile phone use is limited to allocated breaks and will take place within designated areas away from children. If visitors have mobile phones, they should be asked to leave them in this area.

Work mobile phones

It is recognised that some settings may not have a landline and may use a work mobile phone instead. If there is a work mobile phone it must be labelled as such. A work mobile phone may also be used for an emergency, when off site for trips or as a back up facility should problems occur if a setting does have a landline. Work mobile phones should never be used to take and store photographs and should never be used in areas where children are most vulnerable. This means completely banning use of mobile phones in areas where children are changed, and in toilets and bathrooms.

For further information refer to - Allegations Against Persons who Work/Volunteer with Children Policy | NSCP (norfolklscp.org.uk)

Every child must have a Key Person. This is the most effective way of ensuring that children and families develop a strong relationship with a significant adult in an early years and childcare setting.

A Key Person has a particular responsibility for reassuring the child and helping them feel secure and cared for. This includes helping a child to be familiar with their surroundings, feel confident, safe and emotionally secure

All settings should have a clear policy and guidance regarding Key Persons. Some job responsibilities require sensitive intimate and physical contact with children and a specific policy may be appropriate. Also settings must ensure that all adults work to agreed standards and practice guidance which must include:

• Recognition of every child's right to safety, privacy and dignity when contact of a physical or intimate nature is required. This includes arrangements to ensure that these rights are upheld in practice
• Procedures for intimate care, including nappy changing, that require logging of dates and times of nappy changes and any other potentially significant information about the child's health and wellbeing
• Identification of staff who have responsibility for intimate care, who will usually change the child's nappy e.g. the key person
• Requirements regarding in-house training, management monitoring, and enhanced Disclosure and Barring Service (DBS) checks
• Ensuring that every child is supported as appropriate to their age, ability and emotional needs
• Practical recognition that children who have a physical or learning disability are especially vulnerable. This should include ensuring that agreed and child-specific care plans are in place
• Ensuring that parents or carers, and where possible the child, are involved in making arrangements for intimate care, and are informed of any issues that arise

• Information in this section is not exhaustive; please ensure staff have access to the 'Guidance for safer working practice for adults who work with children and young people in education settings' Professional and Personnel Relationships
• Settings must have a code of conduct for all staff
• Online safety is a safeguarding issue, and settings must have an online safety policy
• A key person has an important role in helping children feel secure and cared for
• Childminders will need to consider carefully how safer working practice guidance is adhered to in their working environment

Further information

• Professional and Personnel Relationships
• GDPR 2018 www.ico.org.uk or call the helpline on 0303 123 1113
• Norfolk Safeguarding Children Partnership
• Intimate care of children | NSPCC Learning