Work matters Welfare requirements: Part 1 - On your guard

Safeguarding, and Information and Complaints are two of the ten requirements grouped under 'Safeguarding and promoting children's welfare' within the Statutory Framework for the EYFS (see box).

SAFEGUARDING

Links to:

- Every Child Matters Outcome: Helping children to be healthy, and Protecting children from harm or neglect and helping them stay safe

- Former National Standards: 2 - Organisation, and 13 - Child Protection

Overarching general requirement

The provider must take necessary steps to safeguard and promote the welfare of children

Specific legal requirements

Policies and procedures to have in place:

- Safeguarding children policy

- Procedure to follow if an allegation is made against a member of staff

- Procedure for notifying Ofsted about any serious harm or abuse to a child

- Confidentiality policy (in line with your Local Safeguarding Children Board's LSCB procedures)

Operational issues

- Providers and practitioners must be made aware of the importance of confidentiality and the safeguarding children policy and procedure.

- Procedures are to be followed in line with What to Do If You're Worried a Child is Being Abused (Department of Health, www.dh.gov.uk)

- In group provision, there needs to be a named practitioner responsible for safeguarding children and sharing information and expertise with staff.

- Note: It is an offence not to notify, without delay, Ofsted, the LSCB, or local police, about any serious harm or abuse by any person living, working or looking after children at the premises or elsewhere. Contact details for LSCB, children's services and/or police must be in place.

- See EYFS practice guidance (p14) for what to include in your safeguarding children policy and procedure.

Statutory guidance

Operational issues

Practitioners should have sound knowledge of safeguarding children issues and know the main principles of the setting's policy and procedure. For example, practitioners should know the signs and symptoms of physical, sexual, neglect and emotional abuse.

INFORMATION AND COMPLAINTS

Links to:

- Every Child Matters Outcome: all

- Former National Standards: 12 - Working in Partnership with parents and Carers and 14 - Documentation

Overarching general requirement

The provider must take necessary steps to safeguard and promote the welfare of children.

Specific legal requirements

Policies and procedures to have in place:

- Teaching and learning (activities and experiences) policy

- Procedure for daily routines

- Complaints procedure, to include that parents can make a complaint

- Procedure to be followed in the event of a parent failing to collect a child at the appointed time

- Procedure to be followed in the event of a child going missing

- Relevant polices and procedures that support the operation of the service

Operational issues

Providers must:

- have a list of all staff and food and drink provided for the children

- have Ofsted's contact details in place

- gather specific information from parents or carers before a child starts attending the setting emergency contact numbers, child's special requirements or food allergies, special health requirements, who has legal contact with the child, who has parental responsibility for the child

- keep a written record of all complaints and concerns, and their outcome

- investigate all relevant complaints

- notify receipt of the complaint within 28 days of receiving it

- provide Ofsted, on request, with relevant written documentation.

Parents must:

- give signed permission for their child to receive emergency medical advice or treatment, if necessary

- in line with Freedom of Information Act, have free access to developmental records regarding their child, such as assessments and profiles. Providers must also have regard to the Data Protection Act, with reference to sharing information with third parties.

Statutory guidance

Policies and procedures to have in place:

- Working in partnership with parents

- Complaints policy and procedure

- Documentation and information policy, making reference to the Data Protection and FoI Acts

Operational issues:

- Making sure that information relating to children is shared between settings only if a child attends more than two settings. Making all staff aware of how to maintain privacy and confidentiality.

- All written records are available to parents, unless there are issues around the best interest of the child in line with the Data Protection Act.

- Systems are in place to encourage parents' comments, entered in child's records. Documentation relating to all complaints is kept safely and in a confidential place for at least three years.

Next month: Security relating to premises and on outings; equality of opportunity

Laura Henry and Jeanette Phillips-Green, managing director and senior consultant/trainer, Childcare Consultancy Ltd, laura@childcareconsult.co.uk

starts attending the setting, that is:

* emergency contact numbers,

* the child's special requirements and preferences or food allergies that the child may have, and

* the child's special health requirements

* who has legal contact with the child; and who has parental responsibility for the child

WELFARE REQUIREMENTS

'Safeguarding and Promoting Children's Welfare' is the first of five groups of welfare requirements that are contained in the Statutory Framework for the Early Years Foundation Stage (pages 22-28).

Each requirement is split into three sections:

- The overarching general legal requirements - a general statement of requirements

- Specific legal requirements, which providers must comply with

- Statutory guidance, which providers should have regard to

Parts of the requirements apply only to group provision, but these are clearly indicated.

Practitioners should note that the term 'Safeguarding Children' replaces the term 'Child Protection'; it is important that providers and practitioners are aware of this, especially when carrying out their day-to-day duties and when working with other professional colleagues.

CASE STUDY

St Mark's Square Nursery School, Primrose Hill, London, is currently working with an independent consultant to assess its safeguarding policy and procedures. The named person, responsible for safeguarding children issues, is examining the LSCB guidance and procedures in order to inform staff and review documentation, and ensure that they are fully complying with both the legal requirements and the statutory guidance.

St Mark's Square is also involving children in projects that build their own awareness of safety. Classroom manager Elsja Fekkes says, 'We are encouraging older children to learn about how they can guard and help the younger ones through our vertical learning system. For example, during circle time, in groups or one-to-ones, we can talk about spillage of sand and water, highlighting how shiny surfaces can be dangerous.'

Ms Fekkes believes that through helping children to be independent and understanding ways to safeguard each other, they will prevent any unnecessary accidents or risks.

Further information:
- www.teachernet.gov.uk/publications (download EYFS)
- www.everychild matters.gov.uk
- www.ofsted.gov.uk
- www.dfes.gov.uk
- www.dh.gov.uk