Data protection

Introduction

We are committed to data protection and support the data protection rights of all those with whom it works, including, but not a limit to staff, students, parents, governors and visitors. The data protection and freedom of rights policy set out the accountability and responsibilities of us all. Staff and students to comply fully with the provision of the general data protection regulations (GDPR) and the data protection act 2018. The trustees appointed a data protection officer (DPO) to monitor and advise on compliance with the GDPR information can be obtained from the DPO and from the business director and chief financial officer.

 

Purpose of policy

The data, protection and freedom of rights policy set out the responsibilities of the school, its staff and its students to comply with the provisions of the GDPR. 

The policy forms the framework for which everybody processing personal data should follow to ensure compliance with the data protection legislation.

 

Scope

Data, protection and freedom of rights policy applies to all staff and students in all cases where Tucker-Baptist is the data controller or Tucker Baptist is a data processor of personal data.

The policy applies in these cases, regardless of who created the data and where it is held, or the ownership of the equipment used.

 

Status of policy

This policy does not form part of the formal contract between Tucker-Baptist and staff, all students, but compliance with it is a condition of employment, and expectations of students to abide by our rules and policies. Any failure to follow the policy can therefore result in disciplinary proceedings.

 

Responsibilities under the policy

Tucker-Baptist is the data controller and has the responsibility to implement and comply with data protection legislation.

In determining the purpose is for which, and the manner in which personal data is processed, Tucker-Baptist must adhere to the data protection principles as set out in the legislation.  

 

Data security

All users of personal data must ensure that personal data is always held securely. It should not disclosed to any unauthorised third-party either accidentally, negligently for intentionally.

 

Privacy notices

We provide data subject with a privacy notice to let them know how, and for what purpose their personal data is processed.

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Responsibilities of data uses

Heads of schools, senior leadership team, heads of department, managers of administrative and support services have a responsibility to ensure compliance with the data protection and freedom of rights.  All staff using personal data have a responsibility to ensure that they process the data in accordance with the principles, and the other conditions set down in the legislation.

 The DPO will perform periodic audits to ensure compliance with this policy and legislation.

 

Data subject rights

We comply with the rights to information, subject access, to rectification, to object, to erasure, to portability, to restrict processing, and in relation to automated decision-making and profiling. These rights can be restricted for personal data used in research.

Subject access request and the right to data portability.

Individuals have the right to request to see or receive copies of any information we hold about them, and in certain circumstances to have that data provided in a structured, commonly used machine-readable format, so it can be forwarded to another data controller. We will respond to this request within one calendar month. It is a personal criminal offence to delete relevant personal data after subject access has been received.

Subject access request should be submitted in writing either by letter or email to the DPO. They should include:

• Name of individual

• Contact number and email address.

• Details of the information requested.

Right to erasure, to restrict processing, to rectification, and to object.

In certain circumstances, data subjects have the rights to have their data erased, this only applies:

• Where the data is no longer required for the purpose, for which it was originally collected, or

• Where the data subject, withdraws consent, or

• Where the data has been processed unlawfully.

In some circumstances, data subjects may not wish to have their data erased, but rather have any further processing restricted

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Complaints Policy

TBTutors Online

Despite our best efforts, disputes and complaints may arise involving our organization and/or staff. As an education provider committed to fairness and integrity, we operate within the guidelines of our awarding bodies and strive to resolve complaints amicably.

The policy outlined below delineates the complaints process and our responses at each stage.

Importance of Reporting Issues
•    TBTutors Online is dedicated to enhancing its services and monitoring their quality continuously. Therefore, feedback from students, parents/carers, employers, visitors, and the community at large regarding service quality is highly valued and encouraged. 
•    All complaints will be treated seriously, fairly, and with respect.

Reporting Issues
•    It is essential to notify TBTutors Online promptly of any concerns to facilitate investigation.
•    Initially, students should discuss concerns with their teacher or tutor. If resolution is not achieved or if they prefer, they can escalate the matter to the TBTutors Onine Director. If concerns persist, a formal complaint can be made as outlined in point 3.
•    Timely reporting enhances the likelihood of achieving a satisfactory resolution.

Formal Complaint Procedure
•    To file a formal complaint, complete the Complaints Form and submit it to the TBTutors Online Director or through other agreed-upon communication channels.
•    Staff members are available to assist with the complaint process.
•    Upon receiving a complaint, TBTutors Online will acknowledge it, refer it to the Director for resolution, and provide a response within 10 working days. Complex issues may require longer investigation, with updates provided to the complainant.

Appeals Process
•    Dissatisfied complainants have the right to appeal to the Director within 15 days, clearly stating reasons for the appeal.
•    The Director will respond within 10 working days.
•    The Director's decision is final.
•    If still unsatisfied after exhausting TBTutors Online’s procedure, complainants may appeal to external organizations.
•    Support is available from TBTutors Onine staff for contacting external agencies.

Recordkeeping
•    Complaint records are kept confidentially for a minimum of three years.
•    A summary of complaints is reported to TBTutors Online staff by the Director.
•    Closed complaints will not be revisited unless necessary.

Complaint Monitoring
•    TBTutors Online monitors complaints in terms of race, gender, and disability to ensure improved access for all customers.
•    A culture of disclosure is actively promoted to enable meaningful analysis across various demographics.

Continuous Improvement
•    TBTutors Online utilizes complaints to inform training, development, and operational adjustments, aiming to enhance service quality and minimize complaints within the constraints set by awarding bodies.

 

Safeguarding policy

TBTutors Online

This policy aims to:

1. Prioritize the safety and well-being of children and young people when they use the internet, social media, or mobile devices.

2. Provide staff and volunteers with guiding principles for online safety.

3. Ensure that our organization operates according to our values and within legal boundaries regarding online device usage.

4. This policy applies to all staff, volunteers, children, and young people involved in TBT Online activities and covers safeguarding, safer recruitment, and online safety.

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Legal Context

• This policy is based on legislation, policy, and guidance designed to protect children in England and Wales.  

Definition of Abuse

• Abuse refers to actions or neglect that fail to meet a child's basic needs. This includes harming a child or failing to prevent harm. Abuse can occur within families, institutions, or communities and may involve technology facilitating offline abuse.

Early Identification

• Recognizing signs of abuse and neglect is crucial for early intervention. Staff receive training to identify indicators of potential harm and are encouraged to report concerns to the designated safeguarding lead.

Challenges in Reporting

• Children may not feel ready to disclose abuse or may not recognize harmful experiences. Staff are trained to be aware of these challenges and to create a safe environment for disclosure.

Safeguarding Goals

• Safeguarding and promoting children's welfare involve protecting them from harm, preventing harm to their mental and physical health, ensuring safe and nurturing environments, and taking actions to maximize positive outcomes for all children.

Different Forms of Abuse and Neglect

• Physical Abuse: Involves causing physical harm to a child through actions like hitting, shaking, burning, or deliberately inducing illness.

• Emotional Abuse: Persistent maltreatment causing severe emotional harm, including conveying worthlessness, silencing, or imposing inappropriate expectations.

• Sexual Abuse: Forcing or enticing a child into sexual activities, including physical contact or non-contact actions like viewing or producing sexual images.

• Child Sexual Exploitation (CSE) and Child Exploitation (CCE): Coercing children into sexual or criminal activities for financial gain or status, often through manipulation or violence.

• Child Criminal Exploitation (CCE): Involves children being coerced into criminal activities like drug trafficking or violence, often through threats or manipulation.

• Domestic Abuse: Various forms of abuse within intimate relationships, including psychological, physical, sexual, financial, or emotional abuse.

• Female Genital Mutilation (FGM): The practice of altering or injuring female genitalia for non-medical reasons, which is illegal and requires reporting by teachers.

• Mental Health: Mental health problems can be indicators of abuse or neglect, requiring appropriate intervention and support.

• Neglect: Failure to meet a child's basic physical or psychological needs, leading to serious impairment of health or development.

• Child on Child Abuse: Abuse perpetrated by children against other children, including various forms like physical, sexual, or emotional abuse.

• Sexual Violence and Sexual Harassment between Children: Unwanted sexual conduct occurring between children, which can include physical, verbal, or online actions and requires a zero-tolerance approach.

• Harmful Sexual Behaviour: Ranging from normal to inappropriate or violent behaviour, harmful sexual behaviour can cause developmental damage and must be addressed in a child protection context.

Child Protection

• Child protection refers to actions taken to safeguard children from suffering significant harm, which can result from various forms of abuse or neglect.

• The interpretation of significant harm depends on professional judgment and considers factors like the child's age, vulnerability, and the nature and impact of the harm.

We hold the following beliefs

• Children and young people should never undergo any form of abuse.

• While children should have access to the internet for educational purposes, measures must be in place to ensure their safety at all times.

Preventing Radicalization

• Children may be vulnerable to extremist ideologies and radicalization. Similar to protecting them from other forms of harm, safeguarding against this risk should be integrated into the school or college's approach to safeguarding. Extremism opposes fundamental values like democracy and tolerance.

• Radicalization involves supporting terrorism and extremist views.

The Prevent Duty

• We are obligated to prevent individuals from being drawn into terrorism. This duty, known as the Prevent duty, is part of our wider safeguarding responsibilities.

Staff Safeguarding Training

• TBT Online provides ongoing training in safeguarding and online safety. This includes understanding roles and responsibilities related to filtering and monitoring online content.

Online Safety

• It is crucial to safeguard children from harmful online material. A comprehensive approach to online safety educates and protects pupils, students, and staff.

• Risks include exposure to inappropriate content, harmful interactions, risky behaviour, and online scams.

We Recognize

• The online world offers opportunities but also risks.

• We must protect all individuals involved in our organization from online harm.

• It is our responsibility to ensure children's safety online when they are studying with us.

• All children have the right to equal protection from harm.

• Partnering with children, parents, and other agencies is crucial in promoting online safety.

We are committed to keeping children and young people safe by

• Valuing, listening to, and respecting them.

• Appointing a designated child protection lead and deputy.

• Implementing best practices for child protection and safeguarding through our policies and procedures.

• Providing effective management for staff and volunteers, including supervision, support, training, and quality assurance measures.

• Recording, storing, and using information professionally and securely in compliance with data protection legislation.

• Sharing information about safeguarding and good practice with children and their families.

• Ensuring children, young people, and their families know where to seek help if they have concerns.

• Using safeguarding procedures to share concerns and relevant information with appropriate agencies.

• Managing any allegations against staff and volunteers appropriately.

• Creating and maintaining an anti-bullying environment and addressing bullying effectively.

• Fostering a safeguarding culture where everyone treats each other with respect and feels comfortable sharing concerns.

• Providing clear directions to staff and volunteers on online behaviour through our code of conduct.

• Supporting and encouraging safe internet, social media, and mobile phone use among young people.

• Supporting and encouraging parents and carers to keep their children safe online.

• Developing procedures to respond to incidents of inappropriate online behaviour.

• Ensuring the security of our information systems and personal data.

• Obtaining written consent before using images of children, young people, and families.

• Providing supervision, support, and training for staff and volunteers on online safety.

• Evaluating and risk assessing social media platforms and new technologies before their use within the organization.

In case of online abuse, we will respond by

• Implementing clear and robust safeguarding procedures for addressing abuse.

• Providing support and training for all staff and volunteers on dealing with different forms of abuse.

• Ensuring our response considers the needs of the person experiencing abuse, bystanders, and the organization as a whole.

• Reviewing and updating our plan to address online abuse regularly to resolve any problems in the long term.

Reporting Safeguarding Concerns

• All tutors are instructed to report safeguarding concerns immediately to the designated safeguarding lead (DSL) via the admin account.

• The DSL will take appropriate action, including contacting the child's school if necessary.

• The DSL will consider the information and may keep records, liaise with the school's safeguarding lead, or make a child protection referral.

Emergency Responses

• Immediate action will be taken if a child is identified as being at immediate risk of harm.

• The DSL will contact the police and relevant authorities, following up with a written referral within 24 hours.

Allegations against Staff

• Allegations against directors, staff, or tutors will be reported immediately to the DSL.

• If an allegation involves the DSL, it should be reported to the deputy DSL.

• All allegations will be referred to the appropriate local authority designated officer (LADO) in accordance with local safeguarding procedures.

• Immediate suspension may be considered pending investigation if there is a suspicion of harm to another child.

 Safer Recruitment

• As per the Safeguarding Vulnerable Groups Act 2006, TBT Online is mandated to conduct specific vetting, including enhanced DBS and barred list checks, on staff or tutors working with children and young people.

• To deter unsuitable individuals and prevent inappropriate behaviour, we maintain a rigorous recruitment process aligned with the "Safer Recruitment" requirements outlined in Keeping Children Safe In Education 2023.

• Shortlisted candidates are informed that online searches may be conducted as part of due diligence checks.

• We will carry out new criminal background checks, and tutors cannot register until we receive the results of their DBS check. Tutors on the Update Service must provide a copy of their original DBS certificate for verification. Teaching prohibition order checks are conducted.

• A Single Central Record is maintained, meeting the requirements of the DBS and Safeguarding Policies, detailing all staff with child contact.

• Candidates who have resided or worked abroad for a substantial period must provide criminal records checks from those countries, a letter from the professional regulating authority, and full employment history and reference checks.

Complaints

• If a complaint is identified as a potential safeguarding concern, Safeguarding Procedures will be followed. See complaints policy.

Whistleblowing

• Staff and tutors are encouraged to raise concerns about poor or unsafe practice and potential safeguarding failures.

• If they feel unable to address concerns internally, they can utilize whistleblowing channels such as the NSPCC's dedicated helpline.