Policies
Code of Conduct for Staff
Overview
Sunny View School seeks to provide a safe and supportive environment, which secures the well-being and very best outcomes for the whole school community. Our mission and values are set out in the school’s mission statement.
This document should clarify what is expected in terms of professional behaviour; it gives clear advice about what constitutes illegal behaviour and what might be considered as misconduct. It also describes safe practice and which behaviours should be avoided.
If a member of staff does not follow this code of conduct this may lead to disciplinary procedures. Further information regarding disciplinary procedures are set out in the and Convenio (working agreement) governing private schools in Spain. There may be times when professional judgements are made in situations not covered by this document, or which directly contravene the guidance given by their employer. It is expected that in these circumstances staff will always advise their senior colleagues of their justification for any such action already taken or proposed.
Core Principles
The welfare of students is paramount.
Staff are responsible for their own actions and behaviour and should avoid any conduct which would lead any reasonable person to question their motivation and intentions.
Staff should work, and be seen to work in an open and transparent way.
Staff should discuss and/or take advice promptly from their line manager or another senior member of staff over any incident, which may give rise for concern.
Records should be made of any such incident and of decisions made/further actions agreed.
Staff should be aware that breaches of the law and other professional guidelines could result in criminal or disciplinary action being taken against them.
All staff should familiarise themselves with the Sunny View School Child Protection Policy and understand their responsibilities to safeguard and protect students.
Safe Working Practices for the Protection of Students and Staff at Sunny View School
1. Introduction
This guidance has been produced to help all staff establish the safest possible learning and working environments. The aims are to safeguard young people and reduce the risk of staff being falsely accused of improper or unprofessional conduct. This means that these guideline apply to all adults working in the school whatever their position, roles or responsibilities.
2. Duty of Care
Teachers and other staff are accountable for the way in which they exercise authority; manage risk; use resources; and protect students from discrimination and avoidable harm. All staff, whether paid or voluntary, have a duty to keep young people safe and to protect them from physical and emotional harm.
This duty is in part exercised through the development of respectful, caring and professional relationships between staff and students and behaviour by staff that demonstrates integrity, maturity and good judgement. There are legitimate high expectations about the nature of the professional involvement of staff in the lives of students. When individuals accept a role that involves working with children and young people, they need to understand and acknowledge the responsibilities and trust inherent in that role.
This means that staff should understand the responsibilities, which are part of their employment or role, and be aware that sanctions will be applied if these provisions are breached and always act, and be seen to act, in the students’ best interests. They should avoid any conduct which would lead any reasonable person to question their motivation and intentions and take responsibility for their own actions and behaviour.
Sunny View School has a duty of care towards their employees which requires them to provide a safe working environment for staff and guidance about safe working practices. This means that it should ensure that safeguarding procedures are in place and reviewed, that systems are in place for concerns to be raised and that adults are not placed in situations which render them particularly vulnerable.
3. Exercise of Professional Judgement
This guidance cannot provide a complete checklist of what is, or is not, appropriate behaviour for staff. It does highlight however, behaviour that is illegal, inappropriate or inadvisable. There will be occasions and circumstances in which staff have to make decisions or take action in the best interests of the students which could contravene this guidance or where no guidance exists. Individuals are expected to make judgements about their behaviour in order to secure the best interests and welfare of the students in their charge and in so doing, will be seen to be acting reasonably.
This means that where no specific guidance exists staff should always discuss the circumstances that informed their action, or their proposed action, with a senior colleague. This will help to ensure that the safest practices are employed and reduce the risk of actions being misinterpreted. They should always discuss any misunderstanding, accidents or threats with a senior leader and always record discussions and actions taken with their justifications.
4. Power and Positions of Trust
All adults working with students in education settings are in positions of trust in relation to the young people in their care. A relationship between a member of staff and a student cannot be a relationship between equals. There is potential for exploitation and harm of vulnerable young people; staff have a responsibility to ensure that an unequal balance of power is not used for personal advantage or gratification.
Staff should always maintain appropriate professionalism and wherever possible, they should avoid behaviour which might be misinterpreted by others, and report and record any incident with this potential.
Where a person aged 18 or over is in a position of trust with a child under 18, it is an offence for that person to engage in sexual activity with or in the presence of that child, or to cause or incite that child to engage in or watch sexual activity. Where a person aged 18 or over is in a position of trust established with a person who has only recently left the school, any attempt to engage in sexual activity with that person will be a cause for concern and will be treated as a breach of trust established in that prior relationship.
5. Confidentiality
Members of staff may have access to confidential information about students in order to undertake their every day responsibilities. In some circumstances staff may be given additional highly sensitive or private information. They should never use confidential or personal information about a student or his family for their own, or others’ advantage. Information must never be used to intimidate, humiliate, or embarrass the student.
Confidential information about students should never be used casually in conversation or shared with any person other than on a need to know basis. In circumstances where the student’s identity does not need to be disclosed, the information should be used anonymously.
There are some circumstances in which a member of staff may be expected to share information about a student, for example when abuse is alleged or suspected. In such cases, individuals have a duty to pass information on without delay, but only to those with designated child protection responsibilities.
If a member of staff is in any doubt about whether to share information or keep it confidential he or she should seek guidance from a senior member of staff. Any press or media enquiries should be referred to the senior leadership team.
Adults need to be aware that although it is important to listen to and support students, they must not promise confidentiality or request students to do the same under any circumstances.
Any concerns and allegations about adults should be treated as confidential and passed to a senior leader without delay.
6. Propriety and Behaviour
All staff have a responsibility to maintain public confidence in their ability to safeguard the welfare and best interests of students. They should adopt high standards of personal conduct in order to maintain the confidence and respect of their peers, students and the public in general.
As our school community is made up of people from a wide variety of backgrounds, staff should refrain from expressing personal religious and/or political beliefs or using cultural and gender stereotypes to avoid offending or upsetting others.
Staff should not behave in a manner which would lead any reasonable person to question their suitability to work with students or act as a role model. They should not make inappropriate remarks (including those of a sexual nature) to a student in any context. Staff must be aware that their behaviour in their personal lives may impact upon their work with students.
All staff have a professional obligation to behave in a supportive and collaborative manner with their colleagues. Professional and/or personal disagreements should never be discussed in front of students.
They should strictly observe deadlines and timetables, especially where there is potential impact on other staff, such as when writing reports, submitting internal examinations, examination invigilation and break duties. Staff should encourage a supportive environment by offering help and advice to colleagues, sharing resources, attending staff meetings, events and assemblies and respecting others’ work, including displays.
7. Dress and Appearance
Staff should ensure that they are dressed decently, safely and appropriately for the tasks they undertake and that through their appearance they promote a positive and professional image. We require students to be smart in their uniforms in line with the school uniform policy and staff are expected to adhere to the guidelines for dress outlined in the Sunny View School Staff Handbook.
8. Use of School Time and Facilities
The school’s property and facilities (such as stationery, computers, photocopiers) may only be used for school business unless permission for their private use has been granted by a senior leader. Staff should be aware that in order to conform with data protection legislation, the school is required to monitor network usage, as well as file and folder access.
9. Gifts
Staff need to take care that they do not accept any gift that might be construed as a bribe by others, or lead the giver to expect preferential treatment.
There are occasions when students or parents wish to pass small tokens of appreciation to staff, for example at Christmas or as a thank-you, and this is acceptable. However, it is unacceptable to receive gifts on a regular basis or of any significant value. Any member of staff concerned about whether they or their colleagues may be at risk of receiving a bribe (financial or otherwise) should speak to the Headteacher.
It is acceptable for staff to offer prizes of small or insignificant value in certain tasks or competitions or as part of a reward system, but staff should avoid giving personal gifts to students.
10. Infatuations
Staff need to be aware that it is not uncommon for students to be strongly attracted to a member of staff and/or develop an infatuation. Staff should be aware that such circumstances always carry a high risk of words or actions being misinterpreted and for allegations to be made against staff.
A member of staff who becomes aware that a student may be infatuated with themselves or a colleague should discuss this at the earliest opportunity with a senior colleague so that appropriate action can be taken. In this way, steps can be taken to avoid hurt and distress for all concerned.
11. Communication with Students
Communication between students and adults, by whatever method, should take place within clear and explicit professional boundaries. This includes the wider use of technology such as mobile phones, text messaging, e-mails, websites, social networking sites, online gaming and blogs. Adults should not share any personal information with a student. They should not request, or respond to, any personal information from the student, other than that which might be appropriate as part of their professional role. Adults should ensure that all communications are transparent and open to scrutiny.
Adults should also be circumspect in their communications with students so as to avoid any possible misinterpretation of their motives or any behaviour which could be construed as grooming. They should not give their personal contact details to students including e-mail, home or mobile telephone numbers, unless the need to do so is agreed with senior leadership and parents.
E-mail or text communications between an adult and a student outside agreed protocols may lead to disciplinary and/or criminal investigations. This also includes communications through the internet, such as social networking sites, instant messaging or gaming sites. For this reason the school recommend you deny current and recent students access to your profile on sites such as Facebook.
Communication with ex-students who are over 18 is left to staff discretion. Please be conscious of the fact that ex-students may be in contact with current students. Be aware that actions that bring the school into disrepute could lead to disciplinary procedures being taken.
12. Social Contact
Staff should not establish or seek to establish social contact with students for the purpose of securing a friendship or to pursue or strengthen a relationship. In situations where social contact occurs, staff should consider the appropriateness of the social contact according to their role and nature of their work. They should advise senior leadership of any regular social contact they have with a student which may give rise to concern.
13. Physical Contact
There are occasions when it is entirely appropriate and proper for staff to have physical contact with students, but it is crucial that they only do so in ways appropriate to their professional role. A 'no touch' approach is impractical for most staff and may in some circumstances be inappropriate, for example, when a child is in distress.
When physical contact is made with students this should be in response to their needs at the time, of limited duration and appropriate. Staff should use their professional judgement at all times about the appropriateness of any physical contact and be prepared to explain actions and accept that all physical contact be open to scrutiny.
Physical contact should never be secretive, or for the gratification of the adult, or represent a misuse of authority. If a member of staff believes that an action could be misinterpreted, the incident and circumstances should be made clear to senior staff.
Physical contact, which occurs regularly with an individual student, is likely to raise questions unless the justification for this is part of a formally agreed plan (for example in relation to students with SEN or physical disabilities). Any such contact should be the subject of an agreed and open school policy and subject to review.
14. Changing
Young people are entitled to respect and privacy when changing clothes. However, there needs to be an appropriate level of supervision in order to safeguard students, satisfy health and safety considerations and ensure that bullying or teasing does not occur. This supervision should be appropriate to the needs and age of the students concerned and sensitive to the potential for embarrassment. Staff therefore need to be vigilant about their own behaviour and be mindful of the needs of the students.
Staff should avoid any physical contact when students are in a state of undress and avoid any visually intrusive behaviour in changing rooms. They should announce their intention of entering a changing room and avoid remaining in the room unless required. Staff should not change in the same place as students.
15. Behaviour Management and Physical Intervention
All students have a right to be treated with respect and dignity. Staff should not use any form of degrading treatment to punish a student. The use of sarcasm, demeaning or insensitive comments towards students is not acceptable in any situation.
Staff may legitimately intervene to prevent a student from committing a criminal offence, injuring themselves or others, causing damage to property, engaging in behaviour prejudicial to good order and to maintain good order and discipline. Staff should have regard to the health and safety of themselves and others.
Under no circumstances should physical force be used as a form of punishment. The use of unwarranted physical force is likely to constitute a criminal offence.
Where possible, situations should be defused before they escalate. If physical intervention is deemed necessary, the incident and subsequent actions should be documented and reported. Parents should be informed of any sanctions.
In all cases, staff should adhere to Sunny View School Behaviour Policy.
16. Sexual Contact with Students
Any sexual behaviour by a member of staff with or towards a student is both inappropriate and illegal. Students are protected by the same laws as adults in relation to non-consensual sexual behaviour and are additionally protected by specific legal provisions regardless of whether the students consents or not.
Staff should avoid any form of communication with a students which could be interpreted as sexually suggestive or provocative, such as verbal comments, letters, notes, electronic mail, phone calls, texts or physical contact.
17. One-to-One Situations
Staff working in one-to-one situations with children and young people are more vulnerable to allegations. Teachers and others should recognise this possibility and plan and conduct such meetings accordingly. Every attempt should be made to ensure the safety and security needs of both staff and students are met.
Pre-arranged meetings with students away from the school premises are not be permitted unless approval is obtained from their parent and the Headteacher or other senior leader.
Staff should avoid meetings with students in remote, secluded areas of the school and ensure there is visual access and/or an open door in one-to-one situations. Always report any situation where a child becomes distressed or angry to a senior colleague.
18. Extra-Curricular Activities and School Trips
Staff should take particular care when supervising students in the less formal atmosphere of a residential setting or after-school activity. During school activities that take place off the school site or out of school hours, a more relaxed discipline or informal dress and language code may be acceptable. However, staff remain in a position of trust and need to ensure that their behaviour cannot be interpreted as seeking to establish an inappropriate relationship or friendship.
19. Curriculum
Many areas of the curriculum can include or raise subject matter which is sexually explicit, or of an otherwise sensitive nature. Care should be taken to ensure that resource materials cannot be misinterpreted and clearly relate to the learning outcomes identified by the lesson plan. This plan should highlight particular areas of risk and sensitivity.
The curriculum can sometimes include or lead to unplanned discussion about subject matter of a sexually explicit or otherwise sensitive nature. Responding to students' questions can require careful judgement and staff may wish to take guidance in these circumstances from a senior member of staff.
20. First Aid and Administration of Medications
In cases where first aid or medication needs to be administered, staff should adhere to the Sunny View School Health and Safety Policy.
A health care plan should be drawn up with the school nurse where a child requires regular medication, and this should be negotiated and agreed between the students, parents and the school and then recorded.
Where possible, students should be encouraged to administer medication themselves, with parental permission.
21. Intimate Care
All children have a right to safety, privacy and dignity when contact of an intimate nature is required (for example assisting with toileting or removing wet/soiled clothing). A care plan should be drawn up and agreed with parents for all children who require intimate care on a regular basis.
Children should be encouraged to act as independently as possible and to undertake as much of their own personal care as is practicable. When assistance is required, staff should ensure that another appropriate adult is in the vicinity and is aware of the task to be undertaken.
22. Photography, Videos and other Creative Arts
Many school activities involve recording images. These may be undertaken as part of the curriculum, out of school activities, for publicity, or to celebrate achievement. Staff need to be aware of the potential for these to be misused and careful consideration should be given as to how these activities are organised and undertaken.
Staff should be clear about the purpose of the activity and about what will happen to the photographs when the lesson/activity is concluded and be able to justify images of children in their possession.
Using images of children for the school’s publicity purposes has already had the consent of parents through the home-school agreement. Images should not be displayed on other websites, in publications or in a public place without additional consent.
23. Internet Use
Using school equipment to access inappropriate or indecent material, including adult pornography, will lead to disciplinary action, particularly if as a result students might be exposed to inappropriate or indecent material.
Under no circumstances should adults in the school access inappropriate images. Accessing pornography or indecent images on the internet, and making, storing or disseminating such material, is illegal and, if proven, will invariably lead to the individual being barred from work with children and young people.
24. The Use of Film, Video and Other Visual Material in the Classroom
Staff should be aware that any visual material used in the classroom should be age appropriate and directly linked to the curriculum.
In the case of film or video shown in the class, teachers should consult the British Board of Film Classification website to check the age rating. Under no circumstances should a film or video with a rating higher than the age of any student in the class be shown. If you are unsure of the rating of a film or video or if it is age appropriate, then do not use it. Scenes containing graphic violence or explicit sexual activity should not be shown, even if the film has an appropriate age rating. Failure to adhere to this would constitute an abuse of trust under the school’s Child Protection and Safeguarding Policy and would result in disciplinary proceedings.
25. Sharing Concerns and Recording Incidents
All staff should be aware of the school's child protection procedures, including procedures for dealing with allegations against staff. Staff who are the subject of allegations are advised to contact their professional association.
In the event of an incident occurring, which may result in an action being misinterpreted and/or an allegation being made against a member of staff, the relevant information should be clearly and promptly recorded and reported to senior staff. Early discussion with a parent could avoid any misunderstanding.
Members of staff should feel able to discuss with their line manager any difficulties or problems that may affect their relationship with students so that appropriate support can be provided or action can be taken.
Further Reference Documents
Convenio for private schools in Spain
