Child Protection Policy

1. POLICY STATEMENT

Tupou College is committed to providing a safe and secure environment for its students, staff, volunteers, parents and children. TCT’s Child Protection Policy aims to reduce the risk of abuse or injury occurring, and to provide a framework for responding to an incident of abuse should it occur. It aims to promote a culture of child protection to the school and wider community.

1.1 PURPOSE

Tupou College’s Child Protection Policy has been developed in order to:

  • Provide a safe environment for students
  • Prevent harm to a student within the school
  • Deal promptly with any report of a student at risk of harm
  • Educate students regarding their rights, and equipping them with appropriate skills for avoiding or reporting uncomfortable or abusive situations
  • Train staff to recognize and appropriately handle and report situations where a student may be at risk of harm
  • Protect staff from false or malicious allegations of misconduct
  • Protect TCT from being held liable for the failure to take “reasonable steps” to prevent, or protect children from abuse.
1.2 SCOPE

TCT believes that the welfare of children is the highest priority of all staff members. This policy applies to all people involved with this organisation , including and not limited to:

  • Principal
  • Board of Directors
  • Staff (permanent, casual, teaching, non-teaching)
  • Staff adult family members who live on site
  • Volunteers
  • International volunteers
  • Contractors
  • Sub contractors
  • Trainee teachers
  • Indirect service providers
  • Any other individual involved in this organisation.

NOTE: Hereafter, the term “staff” refers to all persons occupying any one of the above positions.

1.3 COMMUNICATION

The College seeks to communicate its concern about child abuse, and its procedures for child protection to the school community regularly.

  • This policy is available from the school as requested
  • The School Chaplain/Counsellor addresses issues of student and family welfare as appropriate
  • The school’s Grievance Policy explains how to make a complaint to the school
1.4 GUIDING PRINCIPLES

A number of key principles underpin the provisions in this Child Protection Policy. These include:

  1.             Recognition and promotion of children’s best interests
  2.             Responsibility of children’s protection is assumed and shared
  3.             Preventative measures and risk management approach to minimize the likelihood            of abuse
  4.             Reporting and responding mechanisms to allegations and concerns
1.5 THE PRINCIPAL’S RESPONSIBILITIES

The Principal is responsible for the administration and conduct of the school and all that relates to it. In relation to Child Protection matters, the Principal:

  • Must be informed promptly of any case where a student may be at risk of harm.
  • Will consult as necessary to determine whether there are reasonable grounds for further action.
  • Must notify appropriate authorities if there are reasonable grounds to suspect that a child is at risk of harm.
  • Must report allegations of child sexual assault to appropriate authorities.
  • May report concerns regarding a young person to relevant authorities.
  • Must inform the reporting teacher of the action which has been taken.
  • Has the duty to investigate, or delegate the investigation of, an allegation of abuse by a staff member.
  • Will set up systems for providing a safe environment for children in the School’s care, to prevent abuse from happening
  • Will ensure systems for recording and responding to allegations or convictions of a child protection nature against employees.
1.6 A COMPLAINT AGAINST THE PRINCIPAL

If the Principal is the subject of a complaint, the Chairman of the Council or the Free Wesleyan Church Education Office must be informed, who will carry out any further investigations.

1.7 DUTIES OF STAFF

All staff:

  • Must be familiar with the School’s Code of Conduct in relation to Child Protection.
  • Must take the necessary steps to prevent and protect students from being harmed or exposed to harm.
  • Must report any suspicion, or disclosure, that a student is at risk of harm to the Principal, who must determine whether there are reasonable grounds for further action..
  • In the event that no one is available to consult with, the teacher must take the necessary steps as required; and must make a written report to the Principal.
  • Must report all allegations of reportable conduct, prior conviction for, or disciplinary proceedings in relation to child protection matters by staff to the Principal.
1.8 DOCUMENTATION
(a) Accurate documentation must be kept by all parties concerning:
  • Reports made of any possible case of a student suspected to be at risk of harm, including:

– details of any complaint, allegation or notification;

– actions taken by the school as a result of such notification; and

– any other details related to the report

  • All details relating to any investigation undertaken by the Principal, or authorised investigator

(b) All records will be kept indefinitely in a secure confidential file at the school.

1.9 CONFIDENTIALITY

Staff who have access to information regarding:

  • students suspected to be at risk of harm
  • allegations of reportable conduct by a staff member
  • details of any investigation into a complaint
 1.10 STAFF CODE OF CONDUCT

(a)  All staff are required to agree to the Staff Code of Conduct, and sign accordingly at the commencement of employment and at the commencement of each year.

(b)  Staff cannot commence employment until their signed Staff Code of Conduct is received.

(c)  Staff members whom the Free Wesleyan Church Education office or the College reasonably believe, on the face of evidence presented by all concerned, to have breached this code, or any part of this policy, may be suspended pending the outcome of investigation, or summarily dismissed from employment.

(d)  Signed Staff Codes of Conduct shall be filed annually, and stored with Employee files.

(e)  All TCT staff are to be made aware of and abide by the following stipulations in the Code of Conduct:

A. Acceptable Practice

  • Treat all children fairly, with respect and dignity;
  • Set an example of good practice for others to follow;
  • Respect a child’s right to privacy; confidential information about a child shall not be unduly divulged;
  • Avoid all unnecessary contact with a child;
  • Listen to and allow children the chance to voice their concerns;
  • Treat children’s concerns with sensitivity and act on these without delay;
  • Be visible when working with children and wherever possible, ensure that an adult is working in proximity of the children;
  • Follow organizational policy and guidelines regarding the safety of children.
  • Respect for national (or international) laws
  • Be aware of behaviour that could be seen by others as child abuse
  • Revealing any previous charges or convictions relating to child abuse

B. Unacceptable Practice

  • Use language or demonstrate abusive behavior towards children, or allow abusive activities to occur between children;
  • Use physical punishment as a form of discipline with children;
  • Underestimate or minimise children’s concerns about their safety and wellbeing;
  • Allow allegations of abuse to go unreported;
  • Touch a child in culturally inappropriate or unnecessary manner;
  • Exclude or favour a particular child over another;
  • Use equipment including but not limited to computers, mobile phones, video or digital cameras inappropriately or without the consent of the child and his parent/guardian.
  • Involving children in sexual actives
  • Sleeping close to unsupervised children unless necessary
  • Employing children for labour which is not suitable for their age and stops their education/ development or may injure them.
  • Inviting unaccompanied children into private residence unless they are at immediate risk of harm or injury
1.11 PHOTO POLICY FOR USING CHILDREN’S IMAGES

When photographing children for work related purposes, TCT staff must:

  • Obtain verbal consent from the child or parents or guardian to have the child photographed or video recorded. In asking for consent, explain how the image or video will be used;
  • Ensure photographs, videos and other forms of media represent children in a dignified and respectful manner;
  • Ensure that images are honest representations of the context and facts;
  • Ensure that photos of children used in publicly accessible places do not reveal any identifying information.
1.12 VOLUNTEERS and INTERNATIONAL VOLUNTEERS

The School will ensure that all volunteers, tutors, contractors and other outside providers are informed of their obligations relating to child protection.

1.13 PROTECTION OF STAFF

The School recognises that there is a danger that its staff could be seriously affected by false, vexatious or misconceived allegations against them. The School is therefore also committed to investigating all allegations promptly and fairly.

1.14 COUNSELLING

To the extent possible, Tupou College and the Free Wesleyan Church of Tonga will attempt to support students and staff who are the victims or the accused in cases of alleged child abuse by directing persons toward counselling.

2. REPORTING AND INCIDENCE RESPONSE

NOTE:  If there is immediate danger to the student, contact the Police

Child protection is everyone’s responsibility. Any suspicion of child abuse must be immediately reported to Tupou College’s nominated Child Protection Officer who will follow the guidelines for reporting allegations of abuse and critical incidents. It is important that TCT staff be made aware of the visual and verbal clues that will enable them to identify when a child is being abused. It is essential that TCT retains at atmosphere that is supportive and non-threatening to afford children the confidence to express their concerns.

A.Allegations Guidelines to Responding to Child Abuse

  1. TCT takes all allegations of child abuse seriously, whether by a staff members or associates;
  2. All allegations will be thoroughly investigated treated/escalated accordingly
  3. Where an incident has been reported, the following procedures will be put to action:

The incident will be investigated with full respect for the confidentiality of the accused and the alleged victim and information will be dispersed on a “need to know” basis with the primary concern being the rights and welfare of the persons involved;

           The disciplinary measure or further action to be taken eg referral to authorities will depend on the nature of the offence and will be at the discretion of the Principal with advice to the College Council.

  •  Critical Allegation or incident in violation of the laws of Tonga will be reported immediately to Tonga Police
  • When a TCT staff member is the alleged perpetrator, he/she will be suspended from employment pending further investigation
  • Enforce confidentiality of all information relating to the incident and only be shared on a “need to know basis” with appropriate authorities
  • Incidents in breach of TCT Code of Conduct but not of Tonga national laws, the staff member will be suspended pending an investigation, all circumstances will be considered with appropriate measure taken
  • TCT must uphold the rights of the alleged perpetrator once allegation is found false or unfounded
  • Confidentiality will no longer be applicable to allegations or incidents that have violated national laws, unless necessary to uphold the rights of the victim
  • TCT will seek legal advice as well as advice from appropriate authorities related to investigation

B.   Reporting Mechanisms

To ensure that all allegations and concerns and handled effectively, a reporting mechanism has been created and encapsulated in a process chart (see appendix A). This information will be available to TCT staff in education and training prior to the signing of Code of Conduct agreement. TCT staff will be required to complete the abuse and allegation reporting form (see appendix B) as part of this reporting process.

3. RECRUITMENT AND EMPLOYMENT

The provision of both criminal record checks for TCT staff and education and training sessions will act as key elements in the prevention of child abuse incidents.

The majority of people who want to work with TCT are well intentioned and without them the organization could not operate or offer its facilities to the public. However, measures must be taken to ensure the most suitable candidates are employed by TCT, that is those who do not pose a risk to children. Therefore, TCT will not knowingly permit any person to be employed or engaged as a volunteer if they pose an unacceptable risk to children. To this end, TCT undertakes the following recruitment and screening processes.

1. All new employees of TCT are required to provide an appropriate current police check (criminal record check). They must include police checks for overseas countries if they have worked or lived overseas for any period longer than one year in the last ten years.

2. At least 2 verbal referee checks will be conducted and documented. Verbal referees cannot include partners, spouse and/or other relatives.  Referees will be asked about the applicant’s suitability for the role to work with children and/or to have regular unsupervised contact with children. Referees will be asked whether they hold any concerns about the applicant, or if complaints were made about the applicant, in connection with working or having contact with children.

3. Personnel are required to provide a written disclosure that they have not been charged with child exploitation offences, or if they have details will need to be provided.

4. For applicants applying for a position that involves working with children, recruitment procedures must include an interview plan that incorporates behavioural-based questions. The behavioural-based questions to be asked will be taken from the list below:

  •  Have you worked/volunteered with children in a similar position before? What did you like about it? What did you find difficult?
  • How have you handled children who did not want to participate in an activity?
  • What motivates you/why do you want to work with children in this program?
  • Provide me with 3 examples of how to work safely with children
  • How would you handle children who were not listening to your instructions?

B. Education and Training

Essential induction training must follow the aforementioned recruitment procedures. TCT members must be trained to recognize the situations where abuses of children occur in order for them to respond appropriately. Personnel must also be adequately supervised to ensure that any risks to children are minimized. This will be achieved through ensuring that:

  • All staff are informed about the Child Protection Policy, and given the opportunity to discuss its implications with both fellow colleagues and trainers as part of their induction or orientation.
  • All staff MUST sign the Code of Conduct (appendix C) specific to the protection of children at the completion of their induction or orientation.
  • Staff should be informed about TCT’s Child Protection Policy in relation to the use of technology (such as computers and mobile phones), and understand that they must not use this technology for the purpose of accessing, producing or distributing any information, violent or sexual images that are harmful for children. This includes adult pornography.
  • Staff will have access to supervision, support and training regarding child protection and the implementation of the Child Protection Policy prior to embarking on employment with TCT.

4. RISK MANAGEMENT

We recognise our duty of care to take all reasonable steps to ensure the safety and well-being of children with whom we engage or come into contact with in the delivery of our work. To this end, we will:

  • Proactively assess, mitigate, and, where possible, eliminate risk to children throughout our operations;
  • Adhere to national and international laws and Conventions regarding the safeguarding of children, and according to the guiding principles of the United Nations Convention on the Rights of the Child;
  • Ensure that everyone is aware of, understands and upholds their responsibilities in respect of safeguarding children and adhering to this policy;
  • Ensure rigorous recruitment and selection procedures, including appropriate assessments and background checks of candidates, to minimise the risk of engaging individuals who may pose a risk to children;
  • Provide training on the safeguarding of children, which is appropriate to the individual’s role and responsibilities and level of contact with children;
  • Create an open and aware environment where concerns for the safety and well-being of a child can be raised and managed in a fair and just manner, which protects the rights of all;
  • Take seriously and respond quickly and appropriately to any concern or allegation of child maltreatment or any issue relating to child welfare;
  • Work with others to protect children, sharing information with and involving law enforcement and specialist agencies where appropriate; and

Maintain confidentiality to protect the rights of individuals, sharing information on a ‘need to know’ basis only, e.g. to enable individuals to carry out legitimate investigation or when required to d

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