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The O’Brien International School

Safeguarding children policy

2025

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​​The O’Brien International School – Safeguarding Policy

1. Purpose

The O’Brien International School is committed to safeguarding and promoting the welfare of all children and young people in its care. In accordance with the Children Acts 1989 and 2004, the school acknowledges its legal duty to ensure that all services, whether directly provided or commissioned, reflect this commitment.

This policy also complies with:

• Working Together to Safeguard Children (2018)

• The Domestic Abuse Act (2021)

• Ley Orgánica 8/2021, de 4 de junio, for protection against violence toward children and adolescents in Spain

A child is defined as any person under the age of 18.

Definition of Safeguarding (Working Together 2018):

• Protecting children from maltreatment

• Preventing impairment of children’s health or development

• Ensuring children grow up in safe and effective care

• Taking action to ensure all children have the best outcomes

2. Persons Affected

This policy applies to:

• All staff

• All service users

• All visitors and contractors

3. Safeguarding Policy Statement

The O’Brien International School is fully committed to safeguarding and promoting the welfare of children through the following measures:

• Clear accountability: Leadership responsibility for safeguarding is held at senior management level by Sabrina Patiño.

• Listening to children: We promote a culture where children’s voices are heard and considered in individual decisions and broader school planning.

• Whistleblowing procedures: Outlined in staff training and the code of conduct. Staff are encouraged and supported to report safeguarding concerns.

• Inter-agency collaboration: We maintain clear processes for sharing information with professionals and the Suffolk Safeguarding Partnership.

• Designated Safeguarding Lead (DSL): A trained professional supports others in recognizing and responding to concerns. The DSL role is defined in job descriptions and supported with adequate time, training, and supervision.

• Safe recruitment: All staff undergo DBS checks (UK context) and in Spain, obtain the Certificado de Delitos de Naturaleza Sexual from the Ministry of Justice, in compliance with Ley Orgánica 8/2021.

• Induction and training: Staff receive mandatory safeguarding induction and regular updates.

• Continuous development: Staff are encouraged to reflect and improve through supervision and performance reviews.

• Dealing with allegations: Clear procedures are in place for managing allegations against staff, including:

  • Harming or risking harm to a child

  • Committing a child-related criminal offense

  • Behaving in a way that may pose a risk to children

4. Staff Responsibilities

All staff must understand:

• Their individual and collective safeguarding responsibilities

• The legal framework and statutory requirements underpinning safeguarding

• That the child’s needs are paramount in all decisions

• The importance of promptly sharing concerns with the DSL or local authority

• How to use professional judgment and follow safeguarding protocols appropriately

5. Key Principles

• Safeguarding is everyone’s responsibility: Every member of the school community has a duty to keep children safe.

• A child-centred approach: Services and support must reflect the needs, rights, and views of children.

6. Reporting Safeguarding Concerns

If a staff member has concerns about a child’s welfare, they must:

1. Report the concern immediately to the Designated Safeguarding Lead (DSL).

2. Record the concern, disclosure, or allegation accurately and securely.

DSL Contact Information:
Sabrina Patiño
📞 Tel: +34 965 076 678
📧 Email: sabrianp@gmail.com

7. Speaking Up

“We must all stand up for those who cannot stand up for themselves.”

• Speaking up about abuse or harm is a duty, not gossip or betrayal.

• Fear or discomfort is natural—but taking action can protect children and save lives.

• The school will protect whistleblowers from criticism or harm when acting in good faith.

8. Compliance with Spanish Legislation

In accordance with Spanish law (Ley Orgánica 8/2021), all adults working with or around minors must obtain a Certificado de Delitos de Naturaleza Sexual, verifying no criminal history related to sexual offenses.

✅ All staff at The O’Brien International School have obtained this certification.

🔗 More on this legislation – BOE Ley Orgánica 8/2021

9. Keeping Children Safe in Education

The school also adheres to statutory UK guidance such as Keeping Children Safe in Education, particularly regarding:

• Vetting and barring checks

• Managing allegations against staff (including supply teachers)

• The staff code of conduct and safeguarding procedures

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10. Our Security Lead Officer

Security Lead Officer: Cristina Viera

Cristina Viera serves as the designated Security Lead Officer, responsible for the overall management and oversight of security across the school. Her role is vital in creating a safe and secure environment for all students, staff, and visitors.• Policy and Planning

Cristina works closely with the Head of School to develop, implement, and maintain comprehensive security policies and procedures. These policies are designed to complement existing safeguarding measures and ensure a cohesive approach to school safety.

• Risk Assessment

She leads regular security risk assessments, identifying potential threats and vulnerabilities within the school environment. Based on these assessments, Cristina implements strategies to mitigate risks and enhance safety.

• Training and Awareness

Cristina is responsible for promoting awareness of security procedures among both staff and students. This includes organizing training sessions, drills, and providing clear guidance on what to do in various security-related scenarios.

• Compliance

She ensures the school complies with all relevant safety and security regulations and legislation. Cristina stays informed about legal requirements and best practices to ensure ongoing compliance and to uphold high standards of safety.

​​​​​​​​​​Contents.

🔷 Overview: Two Levels of Allegations 

The guidance distinguishes between:

1. Allegations that may meet the harm threshold – more serious and potentially criminal or harmful behavior.

2. Low-level concerns – do not meet the harm threshold (covered in Section Two, not included here).

🔷 Harm Threshold Criteria 

An allegation meets the harm threshold if the person has:

• Harmed or may have harmed a child

• Possibly committed a criminal offence against or related to a child

• Behaved in a way that suggests they may pose a risk of harm to children

• Possibly behaved (even outside school) in a way that indicates they may not be suitable to work with children (known as transferable risk)

🔷 Key Procedures

📌 Initial Response 

• If a child is at immediate risk, contact children’s social care and/or the police.

• Two priorities:

  1. Child’s welfare – DSL ensures the child is protected.

  2. Staff member’s support – Case manager (headteacher or equivalent) discusses with the LADO and plans the next steps.

🔷 Managing the Allegation Use judgment, fairness, and speed.

• Gather basic facts before contacting LADO (without compromising future investigations), e.g., location, witnesses, CCTV.

• LADO decides next steps and guides the process.

• Record decisions, including where no further action is taken (Para 369).

• If further enquiries are needed, a plan is agreed (Para 370).

Investigations can be:

• Internal (by school staff)

• Independent (e.g., through the local authority if resources or complexity require it)

• Reviews: First review ideally within 4 weeks, then fortnightly or monthly (Para 372–373).

🔷 Supply Teachers / Contracted Staff 

• Schools must still handle allegations even if not the direct employer.

• Do not cease use of supply teachers without consulting the LADO and gathering facts.

• Agencies must cooperate with investigations.

• Information sharing between school and agency is essential.

🔷 Organisations Using School Premises 

• If an allegation arises involving an external group using the premises, schools still follow their safeguarding procedures and notify the LADO.

🔷 Suspension 

• Not automatic – only if there's a real risk to children or potential for dismissal.

• Consider alternatives like:

  • Redeployment

  • Supervision

  • Changing timetables or roles

• Document any decision to suspend, and provide support and a named contact for the suspended staff.

• Final decision lies with governing body/proprietor, not the police or social care, although their views should be considered.

🔷 Core Principle

• The welfare of the child is paramount.

• However, employers must also support the welfare of staff subject to allegations.

🛡️ Duty of Care to Employees

Employers must support staff under investigation by:

• Managing stress and uncertainty.

• Providing clear, timely information about the investigation.

• Encouraging union or colleague support.

• Assigning a named contact for updates.

• Offering counselling or occupational health support.

• Allowing social contact with colleagues unless it risks the investigation.

👨‍👩‍👧 Informing Parents or Carers

• Must be told about the allegation ASAP, in consultation with LADO/police.

• Kept informed only about matters relevant to their child.

• Must maintain confidentiality per Education Act 2002 (s.141F).

🔐 Confidentiality and Information Sharing

• Only those directly involved should have access to details.

• Schools must maintain confidentiality to prevent identification and unwanted publicity.

• Breaches (e.g., on social media) are a criminal offence.

• Police and social care should obtain consent to share evidence for employer decisions.

✅ Allegation Outcomes Defined

• Substantiated – Proven.

• Malicious – Proven false + deliberate harm.

• False – Proven false.

• Unsubstantiated – Not enough evidence either way.

• Unfounded – No evidence the incident happened.

📝 Actions Following a Substantiated Allegation

If a person is dismissed or leaves:

• Refer to Teaching Regulation Agency (TRA) (for teachers).

• Refer to Disclosure and Barring Service (DBS) if there's risk of harm.

• Provide full records for references.

🔄 Returning to Work

If staff are reinstated:

• Consider phased return or mentoring.

• Plan contact with child(ren) involved carefully.

❌ Settlement Agreements

• Cannot be used to cover up safeguarding risks.

• Investigations must continue even if the person resigns.

• Records must be kept, and outcomes documented.

• False or malicious allegations must be removed from records.

📁 Record Keeping

Keep comprehensive records of:

• Allegation summary, process, actions, and outcomes.

• Retain records until normal pension age or 10 years, whichever is longer.

• Must be available for references or DBS clarification.

📋 References

• Only substantiated safeguarding concerns should be included.

• False, unfounded, or malicious allegations must not appear in references.

📚 Learning Lessons

• Post-case reviews to identify any:

  • Improvements in procedures.

  • Issues with suspensions or delays.

• Even in unfounded cases, schools should still consider what can be learned.

⏳ Non-Recent Allegations

• Adults should be directed to report to police.

• Children’s disclosures must be referred to the LADO and managed like current allegations.

⚠️ Low-Level Concerns

Defined as:

• Any concern that doesn’t meet the harm threshold, but raises a red flag.

• Must be shared and addressed promptly.

• Promotes a culture of vigilance and openness.

Examples:

• Over-friendliness or favouritism.

• Inappropriate photos or physical contact.

• Breaching professional boundaries.

Low-Level Concerns Policy

1. Purpose and Culture

The school is committed to creating and maintaining a culture of openness, trust, and transparency. This policy exists to:

• Reinforce staff code of conduct and safeguarding expectations.

• Encourage early identification and addressing of concerning behaviour.

• Promote a shared responsibility for safeguarding.

2. Definition of Low-Level Concern

A low-level concern is any behaviour by a staff member (including contractors, supply staff, and volunteers) that:

• Is inconsistent with the staff code of conduct, or

• Raises concern about a person’s conduct towards a child, but

• Does not meet the harm threshold or require a referral to the Local Authority Designated Officer (LADO).

Examples may include:

• Being overly friendly with children.

• Using inappropriate language.

• Engaging in behaviour that could be misinterpreted.

3. Staff Responsibilities

All staff should:

• Understand what appropriate and inappropriate behaviour looks like.

• Be empowered to share low-level concerns, including self-referrals.

• Help maintain and model professional boundaries.

4. Procedures for Sharing Concerns

• Concerns should be shared confidentially with either:

  • The Designated Safeguarding Lead (DSL), or

  • The Headteacher/Principal.

• The Headteacher/Principal is the final decision-maker.

• Supply staff or contractor concerns must be shared with their employer.

• Anonymous reporting is respected where possible.

5. Recording Concerns

• All low-level concerns must be:

  • Documented in writing.

  • Include: details, context, action taken, and reporting individual (unless anonymous).

• Records must be:

  • Held securely.

  • Confidential.

  • Compliant with the Data Protection Act 2018 and UK GDPR.

• Retention: Ideally retained until the individual leaves the school.

6. Reviewing and Patterns

• Regular reviews to identify patterns of behaviour.

• Patterns may lead to:

  • Escalation to disciplinary action.

  • Referral to the LADO.

  • Review of safeguarding practices and policies.

7. References and Confidentiality

• Low-level concerns must not be included in references unless they relate to:

  • Misconduct.

  • Poor performance.

  • Or are substantiated safeguarding concerns that meet the harm threshold.

8. Responding to Concerns

• Where concerns are raised via third parties:

  • Speak with the person who raised the concern (if not anonymous).

  • Speak to the subject of the concern and any relevant witnesses.

• Record:

  • Information gathered.

  • Decision rationale.

  • Actions taken.

9. Policy Integration

• This policy is a reflection of the staff behaviour/code of conduct policy.

• It must be embedded in the school’s safeguarding, behaviour, and HR procedures.

10. Policy Review

• Monitored by the Director. Reviewed annually or sooner if needed.

Date Approved/AmendedAmendments 09/07/2025

Signed John O’Brien Director