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NSPCC school service SEND agreement

The NSPCC Schools Service has a wide range of services that it has developed, which are aimed at providing safeguarding messages to primary school children and/or their parents/carers.

The Schools Service wishes to work in partnership with Schools to deliver these messages through Programme assemblies and workshops for children and/or their parents.

We are pleased to know that your School wishes to participate in one of our Programmes, and this memorandum of understanding sets out the manner in which we agree to work together to deliver the Programme detailed in the attached Schedule.

The Programme is being provided free of charge to the School. However, if the School would like to support the work of the NSPCC we would be delighted to discuss our Schools’ fundraising programme options with the School.

If you are happy to work with us in this way to deliver the Programme, and agree to the details as contained in this letter, please can you sign and return a copy to NSPCC.

It is agreed between NSPCC and the School, that the terms of this memorandum of understanding shall govern any joint working in relation to this Programme, or any other Programme that the School may agree to participate in with the NSPCC and/or any other organisation that NSPCC may work together with to deliver advice and support to children on safeguarding issues.

This memorandum of understanding shall be for a period of a year from the date of signing. (the Term”)

In the event that the School agrees to participate in any other Programme during the Term, the detail of that Programme will be agreed between the parties by exchange of letter.

NSPCC agrees to work with the school to enable it to deliver the Programme and shall:

  • provide resources for delivery of the Programme in a sensitive, age appropriate manner.

  • ensure that any persons involved with delivering the Programme received appropriate training, to recognise and respond appropriately to child protection and safeguarding issues.

  • ensure that the Programme adheres to the agreed safeguarding principles, standards and relevant legislation and guidance. The programme offered to children will reflect these and will be delivered to the highest standard.

  • ensure that all NSPCC staff and volunteers, and the staff of any other organisation involved in the delivery of the Programme, have an enhanced DBS that is a check of the Disclosure and Barring Service in England and Wales, Access NI in Northern Ireland or PVG Checks managed and delivered by Disclosure Scotland in Scotland.

  • ensure that its staff and volunteers, and the staff of any other organisation that may participate in the delivery of the Programme comply with the School’s child protection procedures, and any other policies or procedures that the School make them aware of while on the School premises.

  • where the Programme involves children, provide the School with adequate information for parents/carers to enable them to make an informed decision about their child’s participation in the Programme, including key information about the Programme, its purpose and objectives, and how they can find out more information about recording, access to records and the complaints procedure.

  • ensure that Staff and volunteers, and staff of any other organisation participating in the Programme, advise the children taking part of the boundaries of confidentiality.

  • provide the School with an opportunity to feedback on the Programme.

  • provide the School upon request with the NSPCC’s Compliments, Comments and Complaints policy document.

  • provide the School with a copy of the NSPCC’s Procedures for “What to Do If You Have A Concern about a Child”.

The School agrees that it shall:

  • provide to parents /carers information about the Programme.

  • be responsible for deciding whether to seek consent from parents/carers prior to a child participating in the Programme.

  • ensure that the class teachers are present throughout the delivery of the Programme, so that staff are familiar with the key messages and can support the children after the sessions.

  • ensure adequate space and facilities are available to carry out the Programme at the time required.

  • make NSPCC staff or volunteers, or staff of any other organisation involved in the delivery of the Programme aware of the School’s child protection procedures and any other any relevant School policies or procedures.

  • ensure that any staff or volunteer involved in the delivery of the Programme has a valid enhanced DBS check, that is a check of the Disclosure and Barring Service in England and Wales, Access NI in Northern Ireland or PVG check managed and delivered by Disclosure Scotland in Scotland.

  • provide the NSPCC with any relevant or helpful feedback on the Programme to inform future Programme development.

Safeguarding – Child protection concerns and child welfare issues:

The safety and wellbeing of a child is of paramount importance. If child protection concerns or child welfare issues arise during the delivery of the Programme it is agreed as follows:

  • If a child protection concern; being information that suggests a child is suffering, or is likely to suffer, significant harm, or child welfare issue; being information that suggests a child’s health or development is being, or may be impaired, but where it is not believed that this meets the threshold of a child protection concern, arises during the delivery of the Programme that relate to the conduct of a member of School staff the NSPCC staff or volunteers reserve the right to make contact with the Safeguarding in Education Lead Officer and or the Local Authority Designated Officer (N Ireland – Child Protection Support Service) prior to passing on information to the designated teacher for child protection, Head teacher or Principal.

  • Should a child protection concern and/or a child welfare issue be identified by the NSPCC staff member or volunteer, or the staff of any other organisation involved in the delivery of the Programme, they will follow School procedures and pass this on to the class teacher, and whenever practicable the designated teacher for child protection, Head teacher or Principal before they leave the School premises.

  • If a circumstance arises where a child or young person is deemed to be in need of urgent medical attention or in immediate danger, NSPCC staff or volunteers are required to contact the emergency services without delay.

  • It will always be the responsibility of the School to ensure that all of their safeguarding procedures are followed where a NSPCC staff member or volunteer or staff of any other organisation involved in the delivery of the Programme has reported a child protection concern and/or a child welfare issue.

  • In the case of a child protection concern being reported, a NSPCC staff member will contact the School within 24 hours to ascertain what action the Designated Teacher for Child Protection intends to take. If it is established that this is a new child protection concern – i.e. it relates to a child protection issue that was not previously known about by the School and/or identifies a potential risk of on-going harm to a child, then details of the child protection concern, and action taken, will be recorded by the NSPCC and sent as a referral to the Designated Teacher for Child Protection at the School within one working day. Details of the child protection concern, and action taken, will be recorded on the NSPCC database.

  • The NSPCC staff member will contact the School to follow up on any new child protection concerns that were referred to the School to establish what actions have been taken, and any outcomes, within seven days.

  • In the unlikely event that School procedures have not been followed, or a School does not take action, and the NSPCC staff member remains concerned about the child, they will attempt to resolve this with the School in the first instance. However, the child’s welfare is of paramount importance. If the staff member remains concerned they will discuss this with their Schools Manager.

  • If the School’s Manager’s intervention does not resolve these concerns, then the NSPCC Schools Service reserves the right to make a referral to Children’s Services if they believe it is necessary to safeguard any child. Where this does take place, the NSPCC School’s Manager will inform the Headteacher / Principal at the earliest possible opportunity.

  • The NSPCC and the School both agree to co-operate with the police in relation to any allegations or suspicions of abuse whether current or historical, and with any subsequent investigations. The NSPCC is authorised by statute to take action to protect children and can act independently if necessary to ensure the safety of children.

Confidentiality and information sharing records:

In working together to deliver the Programme, NSPCC and the School agree to comply with all applicable laws, and regulations relating to data or privacy, including but not limited to UK GDPR and the Data Protection Act 2018 and all relevant statute, statutory provisions, regulations, codes of practice and guidance in force from time to time in relation to this Agreement.

  • The NSPCC will not routinely keep records about individual children, but we will need to keep records about the planning, preparation and delivery of the Programme that will include information about the staff we spoke to and the number of pupils involved. The only circumstances where the NSPCC will make a record that contains identifying information about a child is where a child protection or a child welfare concern is identified.

If the School receives a request from a pupil or parent/carer to access information held by the NSPCC, the School must inform the individual to put their request in writing to the School Service or Data Protection Officer, Weston House, 42 Curtain Road, London, EC2A 3NH or email dataprotectionoffice@NSPCC.org.uk.

Programme materials:

  • The NSPCC owns, or has the licence to use, all intellectual property rights in the materials provided by the NSPCC for the delivery of the Programme.

  • The NSPCC provides the School with a /three year terminable, non-exclusive licence to use and distribute the all materials provided to the School by the NSPCC for the delivery of the Programme to pupils and their parents/carers for the aims as detailed in the Programme details at Schedule 1.

  • The materials are to the best of NSPCC’s knowledge accurate and up to date at the time of delivery of the Programme.

Liability

The School shall at all times remain solely responsible for the provision of care to the pupils. To the extent permitted by law, the NSPCC excludes liability in respect of all claims arising out of or in connection with the provision of care to the pupils involved in the delivery of the Programme, and the School shall indemnify the NSPCC against any claim made against it by a pupil or a person who has parental responsibility of a pupil or on behalf of a pupil to the extent that the claim arises as a result of the default, negligence or other act or omission of the School or its personnel to comply with any of its obligations in relation to the delivery of the Programme.

If your School has agreed to undertake any fundraising activities as part of this Programme the School agrees that it shall:

  • on the day of the Programme assembly explain that the school has chosen to support the NSPCC and encourage children to participate in fundraising;

  • inform parents/carers that the school has chosen to support the NSPCC in terms of fundraising and obtain parental consent for children to participate (the letter can be supplied by NSPCC);

  • comply with the Fundraising Regulator Code which is available at https://www.fundraisingregulator.org.uk/code and all applicable laws and regulations relating to charity fundraising including any relevant industry guidance or codes of practice issues by Fundraising Regulator, Charity Commission, Charity Commission for Northern Ireland, Office of the Scottish Charity Regulator, National Council for Voluntary Organisations and Scottish Council for Voluntary Organisations and/or any similar or replacement regulatory or self-regulatory body or bodies which may come into existence;

  • agree with the NSPCC how the School will recognise and thank children for their participation in the chosen fundraising event;

  • be responsible for the health and safety of participants and spectators at fundraising events, including necessary risk assessments, safety equipment and insurance and supervision. If reasonably requested, the NSPCC may see a copy of its insurance certificates and risk assessments prior to certain fundraising;

  • not, in undertaking any fundraising activity do anything, or permit anything to be done which could impair the good reputation, name, logo or general goodwill of the NSPCC in any way and ensure that none of its fundraising activities are contrary to the activities of the NSPCC;

  • fundraise ethically and comply with the Fundraising Regulator Code of Fundraising Practice in relation to the fundraising activities which is available at https://www.fundraisingregulator.org.uk/code;

  • obtain, maintain and comply with all permissions, consents, approvals, certificates, permits, licenses, agreements and authorities (whether statutory, regulatory, contractual or otherwise) necessary for the provision of the fundraising activities;

  • conduct the fundraising activities in such a manner as to protect children and vulnerable people which includes adults at risk, who is anyone aged 18 years or over who may: (a) be at risk of abuse or neglect because of their needs for care and support; (b) not have capacity to make a decision; and/or (c) be in a vulnerable circumstance and require additional care and support, and other members of the public from the following behaviour:
    • i. unreasonable intrusion on a person’s privacy, or
    • ii. unreasonable persistent approaches for the purpose of soliciting or otherwise procuring money or other property; or
    • iii. placing undue pressure on a person to give money or other property;

  • report to the NSPCC in writing if requested, how the school and its employees, staff, other workers, consultants, agents, sub-contractors, third parties or assignees shall comply with these fundraising requirements;

  • ensure that it complies with its own Child Protection Policy and Procedures and shall have regard to NSPCC’s Safeguarding Code of Conduct and Guidance on Appropriate Conduct if any of the fundraising activities involve children; and

  • count all sums raised by the School in respect of any fundraising activity undertaken and donate such sums to the NSPCC within 28 days of the event or activity unless otherwise agreed in writing with the NSPCC.

SCHEDULE 1 

SOSS SEND PROGRAMME

Programme Specification:

The Speak out. Stay safe. Programme for children with Special Educational Needs and Disabilities is provided by the NSPCC. The programme is structured as six sessions, however the format, frequency and number of sessions may be altered to meet the needs of the children (see Amendments to the Programme below). The materials are aimed at primary school children in years 5-6 (P6-7 in Scotland and Northern Ireland), however the age of the children included may vary. The School is responsible for deciding which pupils will be included in the Programme. The NSPCC will support the School in delivering and evaluating the Programme.

The NSPCC will re-contact the School at least every three years in order to run the Programme again and to share updated resources with the School.

The aims of the programme:

For pupils:

  • improving their self-awareness
  • supporting them to learn about their emotions
  • increasing understanding of how feelings and behaviour are linked
  • developing skills for building and maintaining safe and appropriate relationships
  • developing their self-esteem and confidence through improving and practising their skills
  • supporting them to learn about and recognise different types of abuse
  • giving them strategies to speak out about their worries
  • showing them how their school is a safe place
  • identifying trusted adults in and out of school to talk to about their worries.

For schools:

  • supporting teachers to address safeguarding with pupils
  • supporting social and emotional aspects of the curriculum in an accessible format
  • providing a creative bank of activities and resources
  • supporting safeguarding across all aspects of the school.

Amendments to the Programme:

All elements of the Speak out. Stay safe. Programme for children with Special Educational Needs and Disabilities are provided by the NSPCC. This includes guidance notes, session plans and slides. The content, format, frequency and number of sessions can be amended to suit the needs of the children as required by the School, provided that such amendments are approved in writing by the NSPCC prior to use.

The learning builds cumulatively over the series of sessions, so the following elements should not be changed:

  • the topics covered during each session
  • the order of the sessions.

In order to inform resource development and learning, participating Schools agree to inform and obtain the prior consent of the NSPCC of planned changes to the programme, as well as completing the post-delivery feedback and evaluation process.

The NSPCC owns, or has the licence to use, all intellectual property rights in the materials used in the delivery of the Programme including those materials amended by the school with the approval of the NSPCC.

The NSPCC provides the School with a perpetual, terminable, non-exclusive licence to use and distribute the materials provided to the School by the NSPCC in the delivery of the Programme to pupils and their parents/carers.

Feedback and evaluation:

Participating Schools agree to complete the feedback and evaluation process. This includes:

  • meeting with the NSPCC contact at the end of the Programme to reflect on and share learning.
  • providing any other feedback as may be requested by NSPCC within 10 days of completing the Programme.

(SENDSA03/2022)