Safeguarding Policy

DEFINING SAFEGUARDING

Safeguarding in schools and learning environments is defined as the prevention of harm to children. Schools and learning environments have a responsibility to create a safe environment for children and a safeguarding policy is put in place to ensure the safety of children. Examples of safeguarding issues include bullying, sexual harassment, grooming, sexual exploitation, sexual abuse, allegations against a teacher, and abuse.

Schools and education platforms, together with the people who work in them are held to a higher standard legally as duty bearers to the rights of the child and it is their duty to assist children to gain their agency and realize these rights. Certain of these rights are inalienable (Article 28 Bill of Rights). An example of these rights is the right to safety at school or during learning, including online learning.

Safeguarding is what we do to prevent harm, while child protection is the way in which we respond to harm.

For the purposes of this policy, ‘children’ includes everyone under the age of 18.

SAFEGUARDING AT MiTUTOR (the “Organisation”)

MITUTOR is committed to safeguarding the children and young people in our care and we expect everyone working in and on behalf of the Organisation to share this commitment.

Safeguarding at MiTUTOR is underpinned by four key principles, as follows:

All who work at or on behalf of MiTUTOR have a role to play in safeguarding our children. We must identify concerns, share information appropriately, and take prompt action.

In working with children at MiTUTOR, adults take their concerns seriously and encourage them to talk about any concerns they have.

All who work at or on behalf of MiTUTOR must maintain an attitude of “it could happen here” where safeguarding is concerned.

When concerned about a child’s welfare, all who work at or on behalf of MiTUTOR will always act in the best interests of the child.

The purpose of this policy is to:

protect children at or supported by MiTUTOR;

safeguard the children in the care of MiTUTOR;

foster an understanding and appreciation in the community of what constitutes abuse and inappropriate behaviour towards children;

make sure that everyone involved in the Organisation including, but not limited to, members of the Board, management, tutors, teachers, administrative staff, support staff, and children take every possible measure to ensure that our children are protected and safeguarded;

ensure that suspicions in the area of safeguarding, concerns, or allegations are dealt with sensitively, actively, respectfully, and in a timely manner in the knowledge that we have a duty to notify the statutory authorities of concerns or allegations, where such duty arises;

set out the process for an investigation where there are allegations and/or concerns regarding such behaviour;

set out the guidelines for the reporting requirements to the Child Protection authorities and other law enforcement agencies and professional bodies;

follow up with those who may have suffered abuse in a compassionate and appropriate manner, providing appropriate pastoral care, counselling, and support;

ensure that MiTUTOR complies with its legal and ethical obligations in dealing with incidents which may undermine the safeguarding of children in the care of the Organisation; and/or

prevent unsuitable people working with children and young people through a rigorous process at the point of employment – this being for all who are contracted by the Organisation to provide services, including independent contractors, full-time and part-time employees or as members of staff for service-providers.

This policy reflects the principles of:

prevention through a safe environment, teaching and pastoral support, and safe recruitment procedures;
protection and safeguarding through following agreed procedures in all areas;

support to students and staff; and

working with parents to ensure appropriate communications and actions are undertaken.

SAFEGUARDING STANDARDS

MiTUTOR is committed to maintaining a safe learning environment by promoting a culture of safety and preventing or reducing the risk of harm to children.

MiTUTOR will do this through:

diligent and comprehensive recruitment processes;

careful observation and implementation of the Code of Conduct for Employees and Contractors and the way in which this policy relates to the Safeguarding Policy;

maintaining a safe environment and creating a safe space for children to raise concerns and fears; and

implementing a framework that manages these incidents and works to resolve them.

Diligent and comprehensive recruitment processes

The Organisation follows effective recruitment and selection procedures including procuring references from previous workplaces, writing safeguarding requirements into recruitment advertising, and checking safeguarding knowledge in the interview process.

MiTUTOR ensures that Police Clearance (and other legally required clearance in accordance with National Registers) for all employees, contractors and volunteers are sought and regularly updated.

For teachers, the Organisation insists on membership of the South African Council of Educators and, in appropriate circumstances, submits evidence for exclusion from that body.

Careful observation and implementation of the Code of conduct for Employees and Contractors and the way in which this policy relates relate to the Safeguarding Policy

MiTUTOR has a responsibility to ensure that all who work with children agree to follow effective safeguarding practices and annually and electronically to the Code of Conduct for Employees and the Safeguarding Policy.

The Organisation has a clear and concise policy regarding positive and acceptable behaviour and practice for adults working with children.

The Organisation maintains a safe environment and creates a safe space for children to raise concerns and fears.

The Pastoral Care system has clear lines of communication for children.

Students and parents may speak to the Safeguarding Officer or the Chief Pedagogy Officer, or an external psychologist. Any report of abuse should be facilitated by the Safeguarding Officer.

It is understood that a student may choose to speak to any member of staff and it is the duty of that member of staff to refer the concern in an appropriate manner.

The Organisation explains and implements effective policy and practice for the appropriate use of information technology, including social media use by staff and children.

The Organisation ensures that ground rules are in place for all adult one-to-one contact with children, to ensure that it takes place in certain defined circumstances and for a specific and legitimate purpose. This includes communication on WhatsApp (see ‘Definitions and Understanding’ below).

MiTUTOR is primarily an online-based learning platform and one-on-one learning at the student’s home and when at the study center, MiTUTOR uses CCTV footage and other technological advances effectively in and around the learning environment, wherever this is possible.

The Organisation applies strict safety standards in the use of technology. This includes, but is not limited to, use of the internet, texting, email, Teams, WhatsApp, photography, CCTV, and social media.

A Designated Safeguarding Officer, who has a clearly defined role and responsibility for safeguarding children, is appointed.

Service providers are trained in safeguarding policy and practice. These may include but are not limited to external coaches, external music and dance teachers.

The Organisation implements a framework that manages and reviews safeguarding and child protection policies and works to improve these as follows:

The Organisation’s Executive Committee and the Pastoral Care Team regularly review safeguarding policy and procedures, with the review taking place at least annually.

The Organisation ensures that regular consultation with safeguarding experts takes place to ensure updated policy and legal frameworks.

The Organisation ensures that training of all staff, including outsourced staff, occurs and that any amendments to this policy are communicated appropriately.

The Organisation included the legal principles related to the reporting of incidents and the impact of the Child Protection Act and the Sexual Offences Amendment Act.

The Organisation ensures that students and parents understand the legal principles related to the reporting of incidents and the impact of the Child Protection Act and the Sexual Offences Amendment Act.

Responding to known, suspected, or alleged abuse of children

MiTUTOR follows legally compliant and clear procedures and guidelines on what to do when knowledge, suspicions, concerns, or allegations arise regarding a child’s safety or welfare.

The Organisation implements the following:

clear legally compliant safeguarding procedures at MiTUTOR which provide step-by-step guidance on what action to take if there is knowledge of or if there are allegations or suspicions of the abuse of a child;

mechanisms for the reporting of suspected incidents and concerns raised by children, teachers, parents, and other members of the MiTUTOR community;

immediate and effective response to allegations in compliance with the requirements of the Organisation;

ensuring official forms for recording details of safeguarding incidents are available (see appendices 2 and 3 in this document);

The Code of Conduct for Students explains to children how to lodge complaints about unacceptable or unethical conduct by others towards them (see appendix 3 in this document);

supporting and assisting staff members to raise concerns about possible dangerous or unethical conduct by others towards children; and

Ensuring that staff members understand the obligations to report any suspected case of abuse.

Members of MiTUTOR Management know how to raise their concerns utilizing appropriate channels

There is clear understanding of what constitutes abuse.

There is a designated person with a clearly defined role and responsibility to handle cases of abuse, whether historical or otherwise.

The name, duties and contact details of those people with responsibility for safeguarding (designated person/people) are known as follows:

Ms xxxx, Safeguarding Officer

Mr Enang, Chief Pedagogy Officer

All staff members and students know who the designated people are.

Safeguarding procedures are available to the MiTUTOR community, including children, parents, staff, and volunteers and are actively promoted.

Registers of workshops attended by staff and contractors are kept and are current.

Mechanisms for investigating and addressing the suspected incidents and concerns raised in a sensitive and confidential manner, respecting and balancing the rights of the children and persons involved, are in place, as follows:

The Executive Head of MiTUTOR will appoint a person to investigate the allegations. The designated person must be well informed about procedures. The student affected should be supported immediately through counselling with the Safeguarding Officer, who may choose to refer the child/children to a psychologist.

The counsellor/Executive Head of Chief Pedagogy Officer may also make a report to the relevant authorities.

The Executive Head or Chief Pedagogy Officerwill inform the parents and/or legal guardian of the child/ren concerned and explain the proposed course of action.

Interviews may take place with the affected persons and any witnesses or persons involved in the incident. Statements must be taken at these interviews. Statements must be taken by a person trusted by the affected student, and it is advisable that the Safeguarding Officer is present when statements are taken.

The investigator will prepare a report documenting their findings and set out recommendations on any further action necessary.

This report will be submitted to the Executive Head or Chief Pedagogy Officer , who will then determine any further reporting compliance and disciplinary action and ensure that same is then complied with.

Mechanisms for reporting the suspected incidents and concerns in accordance with the Organisation’s legal and ethical obligations. These include:

compliance with the legislative requirements on reporting safeguarding concerns to external authorities in appropriate measure and at the appropriate time, appreciating the sensitive and confidential nature and impact of such allegations;

reporting any safeguarding concerns to the relevant professional bodies where appropriate;

ensuring that record-keeping is accurate and all records of investigations and outcomes are retained and securely stored in a private and confidential space;

ensuring all documentation of the process followed by the Organisation in dealing with an incident, including any decision not to report the incident, is retained and securely stored; and

an incident file recording every incident, allegation, referral, and report is retained and securely stored.

ACCESS TO SUPPORT AND INFORMATION

MiTUTOR will ensure access to support and information to anyone who discloses abuse, who alleges that abuse has taken place, or who is alleged to have perpetrated abuse. The Organisation is aware of how distressing abuse is and the difficulties associated therewith and

MiTUTOR will ensure that anyone affected by abuse will know where they can go to receive help and advice.

Such support mechanisms include but are not limited to:

the availability of appropriate pastoral care and information about sources of support;
procedures for responding to safeguarding suspicion, concerns, knowledge of allegations, and a timeframe for dealing with them;

support by the management, as appropriate, for anyone who discloses abuse or who alleges that abuse has taken place; and

support of someone who is alleged to have perpetrated abuse involves informing the potential abuser that they have a right to seek legal advice.

TRAINING AND SUPPORT

Those who work with children in the sphere of safeguarding are trained and supported in all aspects of safeguarding relevant to their role, to develop and maintain the necessary knowledge, attitudes, and skills to safeguard children.

These measures include:

staff induction and training in the Safeguarding Policy and Procedures and how this aligns with the Organisation Code of Conduct;

annual electronic agreement to have “read and understood” and, thus, acknowledged an understanding of and an agreement to the Safeguarding Policy;

appropriate training to ensure an understanding of the legal obligations and legislation addressing child protection issues and sexual offences;

staff training to learn about how to recognize and respond to concerns about abuse;
a clear record of staff training, outlining the topic of the training, when it was attended, and by whom;

An annual budget that allows for regular training; and

Education initiatives aimed at educating children in an age-appropriate manner, with child protection issues and safeguarding measures available within the Organisation and support structures and avenues for children to raise their concerns and report these.

COMMUNICATING THE SAFEGUARDING POLICY

All members of the community must be made aware of the Safeguarding Policy.

The measures that follow will be put in place.

This Safeguarding Policy will be displayed in suitable places within MiTUTOR.

The name, duties and contact details of those people with responsibility for safeguarding (designated person/people) are displayed and known as follows:

Ms xxxxxx, Safeguarding Officer

Mr Enang, Chief Pedagogy Officer

The Organisation communicates the Safeguarding Policy to children annually in a manner that is accessible and appropriate.

WhatsApp regulations for staff (teachers, coaches, adults who work at MiTUTOR)

An adult must always be the administrator of a WhatsApp group and the purpose of the group must be clearly stated e.g., class group, sporting team, mentor group.

The administrator/adult must be an active member of the group and keep all communication professional and focused on the purpose of the group.

The administrator may not share details of individuals on the group with anyone without their express permission (POPIA, 2021).

The administrator/adult should never send private messages to individual students or receive private messages from individual students.

If an adult receives a private message from a student individually, the adult must send the message to the parent and explain that they may not privately message or receive private messages from a student individually.

The Cybercrimes Act and amended Films and Publications Act of 2022 regulations set out rules governing online content distribution in South Africa. Administrators of communication groups (such as WhatsApp and Telegram) are legally responsible for the content where they could remove it but chose not to do so.

Social Media regulations for staff (teachers, coaches, adults who work at MiTUTOR)

Never befriend a current student on social media and ensure personal social media has privacy settings.

Never befriend an ex-student who is still a child on social media.

Never post pictures of students on social media unless with the express permission of the Organisation.

Never privately message a student on social media or accept a private message from a student. Should a private message be received, the adult should send the message to the parent of the child and explain that they may not privately message or receive private messages from individual students.

APPENDIX 1: DEFINITIONS AND UNDERSTANDING

Note: All abuse traumatizes children. There are no better or worse violations. Adults may not assume the level of or deny the impact of trauma on children from abuse, harassment, grooming, and the like.

MiTUTOR obligations

Schools are duty bearers to the rights of the Child. Teachers and adults who work with children are held to a higher standard legally and morally.

Schools must empower children to gain agency to report misconduct, abuse, grooming, sexual harassment, and the like.

Certain rights of children are inalienable (Article 28 Bill Of Rights) and protection is one of these.

The first duty of the Organisation is a positive one, as follows:

ensure a safe environment;

health and safety;

line of sight where possible i.e., cameras; and

all who work at MiTUTOR must have gone through the required safeguarding checks.

The second duty of the Organisation is a negative one as follows:

Ensure systems are in place when abuse occurs.

Four Preconditions for child abuse to occur follow.

The motive of the offender to abuse a child – (paedophilia – sex or fantasies of sex with children; hebephilia – erotic preference for pre-pubescent children).

The offender overcomes internal inhibitors, knowing the wrongfulness and ensuring that the secret is kept. Forcing the child to be complicit.

The offender overcomes external inhibitors – a systems approach. Offenders have to groom the adults as well. The duty of the Organisation is to set clear boundaries and ensure policies are in place and in use.

The offender overcomes the resistance of the child through force or, most commonly, grooming.

Grooming and Gaslighting

Grooming is a process where adults use their position of power to entice children through:

favouritism;

trust;

isolation;

boundary violations;

taboo violations, where an adult participates in and facilitates students drinking alcohol, smoking, drugs, and/or pornography;

testing abuse; and/or

control through the power of abuse and keeping the Secret

Gaslighting: The system and the people in the system doubt the allegations based on their relationships with the abuser. There may be a ‘sense’ that something is wrong but nobody acts on this because the abuser grooms all who are part of the system.