Care and Social Services Inspectorate Wales

Transcription

1 Care and Social Services Inspectorate Wales Service Regulation and Inspection Guidance on inspecting welfare provision in boarding schools, residential special schools and accommodation of students under 18 by further education colleges Introduction 1. This note sets out guidance to the Headteachers, Principals and other providers, as well as staff of Care and Social Services Inspectorate Wales (CSSIW), on inspecting residential provision in school settings. It is intended to be used in conjunction with CSSIW s current inspection documentation. There are distinctive reporting and enforcement arrangements for these settings, which are described at paragraphs below. This guidance does not apply to those residential schools which provide accommodation for more than 295 days each year and which are required to be registered and regulated as children s homes. 2. Inspection is one of the main mechanisms through which CSSIW seeks to maintain and improve the quality of life and quality of care for children and young people in boarding schools. It should be a constructive and enabling process for providers and the children that use services. It should give children an opportunity to contribute their views about the service they receive. Inspection should also give providers opportunities to discuss concerns and ideas, and offer them assistance and advice. 3. The guidance looks at inspection as a process, and seeks to be clear about what CSSIW expects over each inspection cycle. It does not seek to prescribe to inspectors what should happen on each visit. Nor does it seek to prescribe the sequence of any inspection day. However the guidance is intended to encourage inspectors to use a balanced range of methods and to secure a range of perspectives about boarding school life. 4. CSSIW has developed arrangements to co-ordinate its inspection cycles with those of ESTYN. Where this is achieved, note should be taken of the detailed arrangements agreed to ensure that any post inspection recommendations made to the provider are appropriately weighted and prioritised following discussion with ESTYN. This information is contained in the protocol between CSSIW and ESTYN which can be found on the web-sites of both organisations.

2 Powers and frequency of inspection 5. Using powers set out in The Inspection of Boarding Schools and Colleges (Powers and Fees )(Wales) Regulations 2002 a person authorised by CSSIW may enter boarding accommodation at any time, and may with or without notice:- examine the state and management of the premises examine the state and management of the treatment of children require any record wherever kept to be produced on the premises require any records kept on a computer to be made available in a legible form inspect any records take measurements and photographs and make recordings such examination into the state of management of the premises inspected considered necessary for the purposes of the inspection. 6. It is for CSSIW to make operational decisions about how often boarding accommodation is visited having regard to the situation there. For Wales, this is not prescribed in regulations. At minimum, however, the Minister on behalf of the Welsh Assembly Government, requires that: CSSIW must make at least one inspection visit to every Residential Special school each year CSSIW make at least one inspection visit to all other types of residential school, i.e. Boarding Schools and Colleges of Further Education that accommodate U18s, every three years. 7. In planning for each inspection cycle consideration should be given to the desirability of conducting at least part of the inspection process on an unannounced basis. The feasibility and inherent difficulties of managing such unannounced elements of the process must be weighed against the broader intelligence that such activities will add. Inspection plans should ensure that over a more extended period some visits should take place outside of office hours, and/or at weekends. Inspectors will interview a cross section of care workers, either individually or as a group, and routinely observe their working arrangements. Inspectors will select the methodology to be used from the range available and record it in the inspection plan which is shared with the proprietor / principal. At inspection inspectors may need to deviate from the original plan to take account of events on the day. Key values 8. Any visit undertaken by CSSIW should have as its principle focus the quality of life and quality of care of the children and young people. The principle, set out in Section 1 of the Children Act 1989 [CA1989], of the welfare of any child being the paramount issue will underlie all CSSIW judgements about the quality of care.

3 9. Staff involved in inspecting residential accommodation should remember at all times that they are in someone else s home. All contacts with children and young people should be based on consideration, respect and recognition of their intrinsic individual worth. Wherever possible, the informed consent of children and young people should be obtained before discussions are held with them, before their accommodation is visited, and before their records are seen. Basis for comparison 10. Activities during an inspection cycle should enable CSSIW to satisfy itself about whether the relevant National Minimum Standards (NMS) are being met. It should make comparison with the: Children Act 1989 as amended by the Care Standards Act 2000 Care Standards Act 2000 National Minimum Standards for the relevant school / college setting supplementary guidance and record of precedent created by CSSIW, and the current version of the school / colleges own statement of principles and practice. 11. Over the course of an inspection cycle, the inspection process should take into account the relevant NMS, applying a proportionate approach that focuses on areas of greatest need or themed approach. Collecting the evidence 12. The inspection process should provide CSSIW with a range of different perspectives on life in the boarding accommodation. It should draw in a balanced way on a range of methods, which may include: the use of the pre-inspection document to collect information before a visit; direct observation; discussion with children and young people, exploring their experience of the services and support provided; discussion with relatives, teachers, educational guardians and independent advocates and / or the use of questionnaires to elicit information from these groups; discussion with those with specific boarding related duties, other members of staff involved with pupils who board and any specialist staff; scrutiny of reports on the investigation of complaints; scrutiny of reports from other agencies; direct testing; direct checking; and examination of records. 13. Inspectors should regard it as normal practice that, over the course of an inspection cycle, they should spend time with representatives of boarding

4 children and young people in each year group and seek to engage them in conversation. 14. Over an inspection cycle, inspectors should seek to communicate in private with representatives of boarding children and young people in year or house groups. Inspectors should make it known that they will communicate in private with any child or young person who requests it. 15. At least once in every inspection cycle, inspectors should satisfy themselves that the operation of the boarding accommodation is consistent with the requirements of the NMS. 16. Inspectors should regard it as normal practice that, in the course of each inspection cycle, they will see all accommodation used by boarding children and young people, subject wherever possible to their informed consent. 17. Over the course of each inspection cycle, inspectors should have significant discussion with senior boarding staff or, if there is no other specific management arrangement, the proprietor / principal / headteacher. 18. Inspectors will consider meeting with a sample of staff from across all of the working teams including any with specialist tasks. Inspectors should make it known that they will communicate in private, on or off the premises, with any member of staff who requests it. These opportunities should be made available within the boarding accommodation or elsewhere if the staff member is more comfortable with this. Inspectors should ensure that their office contact details are readily available within the boarding accommodation. 19. Over the course of each inspection cycle, inspectors should satisfy themselves that any policies, records and documents required by the NMS that have not been covered by the self assessment form are available and are being properly maintained. 20. Over the course of the inspection cycle, inspectors should thoroughly examine a sample of individual boarders records. 21. Over the course of the inspection cycle, inspectors should thoroughly examine the content of a sample of those records which might particularly alert them about risks to children. This sampling process should include all types of record required by NMS. 22. At least once in the course of an inspection cycle, where boarders with disabilities are accommodated, inspectors should check that any call-system is working and that staff respond appropriately when it is operated. Checks should be carried out to ensure lifts are working and that they, and any other electrical and mechanical systems, have certificates showing that appropriate

5 services and any remedial work required have been carried out. 23. At least once in the course of an inspection cycle inspectors should see meals served and, during an unannounced visit, check food storage arrangements and the adequacy, apparent quality and variety of foodstuffs available. Recording and Reporting 24. At the end of the inspection the inspector should share with the proprietor / principal / headteacher, or their designated representative, brief verbal feedback about the outcome of the inspection and will advise of any matters that appear to require urgent action. Where urgent action is needed, inspectors should advise proprietors/ principals / headteachers to consult the appropriate authority before taking action on any such urgent recommendation. Where the inspector feels that such a course of action is advisable they should themselves also discuss their concerns with the appropriate authority. 25. Having completed the inspection process CSSIW will prepare a report of its findings. Where necessary the report will contain recommendations and suggested actions that should be taken to bring observed practice into compliance with the standard. The report may also make good practice recommendations. Where this inspection has been co-ordinated with ESTYN discussion must take place to ensure that any post inspection recommendations made are appropriately weighted and prioritised following discussion with ESTYN. 26. In the case of Local Authority provided schools, a copy of CSSIW s report will be sent to the Chief Executive of the Local Authority concerned with a copy to the Schools Management and Effectiveness Division, Welsh Assembly Government. Should a Local Authority be considered to have failed to take necessary action in response to a CSSIW report the Welsh Assembly Government may, under section 84 CA 1989 make an order and any necessary directions to ensure compliance. A continued failure to comply is enforceable by the Welsh Assembly Government using its power of Mandamus (i.e. through the Courts) 27. In the case of Independent schools a copy of CSSIW s report will be sent to the proprietor and to the Registrar of Independent Schools and Schools Governance, School Revenue Branch, Welsh Assembly Government. Where it is considered there has been a failure to take necessary action in response to a CSSIW report the Registrar may issue a Notice of Complaint (Education Act 1944) which will set out the relevant issues and set time limits for action. Failure to respond adequately to a Notice of Complaint can lead to removal from the Register of Independent Schools.

6 28. A detailed contemporaneous inspection record will be used 29. At least once in each inspection cycle a full inspection report, subject to considerations of confidentiality, will be prepared on the operation of the boarding accommodation. The CSSIW Inspection Report Format will be used for this purpose. This report will reflect all the contact the Inspectorate has had with the boarding accommodation during the inspection cycle. 30. Inspectors should consider all of the evidence they have collated against the required outcome and headline standard and reach a professional judgement which will be reflected in the report. 31. The report will recommend any actions needed to meet the national minimum standards and/or make good practice recommendations. It will also record areas of good practice noted at inspection. 32. In line with practice for regulated settings, 28 calendar days will be regarded as a maximum for the report to be sent to the provider which includes an allowance for any necessary text processing 33. Prior to being finalised the report will be sent to the proprietor / principal / headteacher and to their appointed representative if there is one, for comment on matters of factual accuracy. Where any comments on perceived inaccuracy are made these will either result in an agreed change or the matter will be noted as one over which there remains a disagreement. 34. The Regional Office will arrange to allow public access to these reports in line with CSSIW s Guidance on Open Reporting. 35. CSSIW will not normally amend or add to published inspection reports, unless it has become aware of subsequent events which mean that the contents of the existing report have become dangerously misleading. Care and Social Services Inspectorate Wales Aug 2008