Policies for SEND Advice Surrey
Confidentiality Policy
Basic principles
At SEND Advice Surrey, we understand that you need to know that:
- we respect your right to privacy.
- you can speak to us (via the phone or virtual platform), write to us (via email, our website or letter), in complete confidence.
- No-one outside our service will know that you have contacted us. We will only talk to other services and teams with written permission from yourselves.
- Children and young people have the legal right to our support without the consent or knowledge of their parents
- We will never communicate with anyone outside of SEND Advice Surrey about your contact with us unless you give your written permission for us to do so.
- The only time that we will share information with other agencies would be if we become aware that a child or young person or someone else may be at risk of serious harm or we are legally required to do so by the police or courts.. (Safeguarding Policy Department For Education (DFE) 2013). We will always discuss this with you first.
What happens when you contact SEND Advice Surrey?
- You can refer yourself to our service; you do not need to tell anyone else you have contacted us
- We will not tell anyone outside of our service that you have been in touch; you can talk to us, email us or contact us via our website, privately
- We will ask you for your contact details so that we can open a confidential file on our database for you. We will still give you information, advice and support even if you don't want to tell us your details
- We will ensure that our database is password protected and that only SEND Advice Surrey know the password
- We will be the only people who can see your file. Any paper files are stored in a locked filing cabinet and only our staff members have a key
- We will not tell anyone about what is in these files without your written permission
- Where you have given written permission to share information with someone outside of our team we will make a note of this on our database along with the date it was given
- We have a responsibility to keep your information confidential in line with the rules of the Data Protection Act 1998.
Impartiality Policy
Basic principles
At SEND Advice Surrey, we understand that you need to know that:
- We are an arm's length service which acts confidentially to other services
- We are based in an accessible building and are situated away from the Special Educational Needs (SEN) Service of the Local Authority (LA), the Clinical Commissioning Group, schools and other SEN agencies
- The information we give you will be correct, unbiased and will include all your available choices
- The information and advice we provide to you will help you to decide for yourself what is important to you and what is important for you
- We will do our best to empower whilst trying to manage expectations
- The support we offer you will help you to deal more confidently with the people who work with you
- You can speak to us (via phone or using a virtual platform) or write to us (via email, our website or letter), all in complete confidence (see our Confidentiality Policy).
- How do we show that we are 'impartial'?
- SEND Advice Surrey offers an arm's length service working to national Quality Minimum Standards approved by the Department for Education.
Arm's length means that we are able to act and are seen to act, independently, impartially and confidentially with no unnecessary influence or control from the local authority, the local clinical commissioning group or any other organisation or individual
Impartial means that we are not biased towards or influenced by any particular party, point of view or policy, including local authorities, schools, education ideologies and campaigns. We do not give priority to any particular impairment, disability or special educational need over another.
The information, advice and support that we offer is based on the law and the SEND Code of Practice. We provide unbiased information and advice about the Local Authority's policies and procedures. The team have completed legal and other relevant training and are able to offer accurate and up-to-date information and advice which reflects law and the SEND Code of Practice. This is ongoing.
- We have our own identity with our own logo and style which is separate from other Local Authority services
- Our service is separate from all other Local Authority (LA) functions
- We are located in a Surrey building separate from other LA Special Educational Needs teams
- We have our own confidential email address, telephone line and website which can only be seen by our team
- We have a steering group which checks our work. Members of our steering group represent parents and carers, young people's voices, early years, the Local Authority and ever possible the Clinical Commissioning Group.
- On a monthly basis we ask the people who use our service for their views about how our service is performing. We use this information to help us check the quality of the service we provide.
- We have a steering group which helps us to improve the service that we offer.
Consent and General Data Protection Regulation(GDPR) for SEND Information, Advice and Support (SENDIAS) services
The Council for disabled children commissioned Steve Broach to write some legal advice for services on data protection and working with children, young people and their families. A summary of the Consent and General Data Protection Regulation for SEND Information Advice and Support services can be found on their website to be read alongside the advice itself.
Safeguarding Policy
This policy framework sets out who it applies to, outlines examples of what is considered harm, details the safeguarding responsibilities of all those who carry out work for SEND Advice Surrey (paid or unpaid), sets out what to do if a child, young person and/or vulnerable adult is thought to be at risk of harm, details how SEND Advice Surrey adhere to Surrey County Council's Safer Employment and DBS Policy, sets out how to manage allegations against members of SEND Advice Surrey, and confirms its audit and review arrangements.
In order to fulfil our responsibilities effectively SEND Advice Surrey works in accordance with the principles as set out in:
- Working together to safeguard children 2023
- Children Act 2004 (legislation.gov.uk) – sections 10 and 11
- Children and Families Act 2014 (legislation.gov.uk),
- Care Act 2014 (legislation.gov.uk)
- Children and Social Work Act 2017 (legislation.gov.uk)
- Data Protection Act 2018 (legislation.gov.uk),
- Domestic Abuse Act 2021 (legislation.gov.uk)
- Keeping children safe in education 2023
This policy will be reviewed and updated as service delivery changes.
Who this policy applies to
This policy applies to all children and young people up to the age of 18 years of age (as defined in the United Nations convention on the Rights of a Child), and any adults who are at risk of experiencing harm (either from another person or from their own behaviour).
Children may be:
- service users in their own right or,
- children cared for by adults who are receiving services via SEND Advice Surrey.
Safeguarding roles and responsibilities
All practitioners should be proactive in sharing information as early as possible to help identify, assess, and respond to risks or concerns about the safety and welfare of children, young people and/or vulnerable adults. No single practitioner can have a full picture of a child's needs and circumstances so effective sharing of information between practitioners, local organisations and agencies is essential for early identification of need, assessment, and service provision to keep children, young people and vulnerable adults safe. The Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR) supports the sharing of relevant information for the purposes of keeping children safe. UK GDPR provides a number of bases for sharing personal information. It is not necessary to seek consent to share information for the purposes of safeguarding and promoting the welfare of a child provided that there is a lawful basis to process any personal information required. Practitioners should not assume that someone else will pass on information that they think may be critical to keep a child safe.
What to do if you feel a child, young person, and/or vulnerable adult is at risk of harm
If a practitioner has concerns about a child, young person or vulnerable adult's welfare or safety, this should be brought to the immediate attention of the SEND Advice Surrey Team Manager or, in their absence, the Service Manager. It will be the decision of the Team Manager and/or Service Manager how to proceed. If it is agreed that the child/young person/vulnerable adult is at risk of harm, then they should share the information with Surrey's Children's Single Point of Access (C-SPA), Adult Social Care and/or the police (if it is believed that there is an immediate risk of harm).
Children's Single Point of Access (C-SPA)
If you are a child or young person being abused or neglected, or an adult who is concerned about a child or young person's safety and wellbeing, you can contact the Children's Services 'Single Point of Access' between 9am to 5pm on Monday to Friday.
Phone: 0300 470 9100
Email: cspa@surreycc.gov.uk
During evenings, weekends and bank holidays, the Emergency Duty Team is available:
Phone: 01483 517898
Email: edt.ssd@surreycc.gov.uk
Adult Social care - concerns for an adult
Telephone: 0300 200 1005
For emergency situations outside our standard lines hours.
Telephone: 01483 517 898
Email: edt.ssd@surreycc.gov.uk
Safer recruitment
Surrey County Council carries out safer recruitment checks on everyone who works for SEND Advice Surrey. All roles at SEND Advice Surrey require an Enhanced Disclosure and Barring Service (DBS) check and references before the individual joins us and begins any work. All DBS checks are re-established at least every 3 years.
Allegations against people working with children
Every local authority has a statutory responsibility to have a local authority designated officer (LADO), who is responsible for coordinating the response to concerns that an adult who works with children may have caused them harm. In Surrey they work to the Surrey Safeguarding Children's Partnership (SSCP) Procedures which can be found on the SSCP online Procedures Manual.
The LADO key role is to:
- Provide advice/guidance to employers or voluntary organisations
- Liaise with the police and other agencies including OFSTED and professional bodies such as the General Medical Council, Health and Care Professions Council (HCPC) and the College for Teaching and Leadership
- Monitor the progress of referrals to ensure they are dealt with as quickly as possible, consistent with a thorough and fair process
- Seek to resolve any inter-agency issues
- Collect strategic data and maintain a confidential database in relation to allegations
- Disseminate learning from LADO enquiries throughout the children's workforce.
Regardless of the nature of allegations and who receives the allegation, it must be reported to the LADO. This must include situations where the worker resigns. Compromise agreements are not acceptable in such circumstances and may put others at risk in the future.
Complaints procedures are separate to the allegations process and just because someone does not wish to make a complaint, this does not mean the allegation should not be considered and investigated. To contact the Duty LADO please call 0300 123 1650 (option 3) or email LADO@surreycc.gov.uk.
Training and support
All SEND Advice Surrey staff will receive safeguarding children, young people and adults at risk training, online and run by an accredited trainer offered by Surrey County Council. All staff must attend the training as directed.
The training and ongoing support will provide SEND Advice Surrey staff with clear expectations regarding their own appropriate behaviour and situations that put children, young people and vulnerable adults at risk and warning signs of possible abuse, a clear understanding of their responsibility for the protection of children and of procedures to be followed.
Surrey County Council policies
- Surrey County Council complaints policy (surreycc.gov.uk)
- Corporate privacy notice (surreycc.gov.uk)
- Privacy notice for Children Families and Lifelong Learning (surreycc.gov.uk)
Legislation and Guides
- Children and Families Act 2014 (legislation.gov.uk)
- Children missing education (GOV.UK)
- The best endeavours duty (ipsea.org.uk)
- Equality Act 2010 (legislation.gov.uk)
- SEND Code of Practice (legisaltion.gov.uk)
- SEND regulation 2014 (legislation.gov.uk)
- SEN personal budgets regulations 2014 (legislation.gov.uk)
- A guide for parents on school behaviour and exclusion (GOV.UK)