Countering Bullying
REGULATIONS AND STANDARDS
The Fostering Services (England) Regulations 2011
Regulation 11 - Independent fostering agencies—duty to secure welfare
Fostering Services: National Minimum Standards:
STANDARD 1 - The child's wishes and feelings and the views of those significant to them
STANDARD 4 - Safeguarding Children
SCOPE OF THIS CHAPTER
This chapter explains the steps that foster carers and staff should take in recognising and dealing with bullying.
AMENDMENT
This chapter was amended in May 2022 to reflect Keeping Children Safe in Education Statutory Guidance, the outcome of Ofsted’s thematic report, Review of sexual abuse in schools and colleges (June 2021) and the Domestic Abuse Act 2021. See Section 2, Definition of Bullying.
Contents
- Introduction
- Definition of Bullying
- Prevention
- Risk Assessment and Planning
- Notifications (Fostering Service), Recording and Review
1. Introduction
Everyone involved in looking after children shares responsibility for countering bullying and for creating a culture which positively encourages acceptable behaviour and reduces or prevents the likelihood of bullying.
All children and young people have a right to feel confident that this is a safe and healthy environment.
We want to ensure that all children, young people and staff remain safe from bullying behaviour and have the opportunity to thrive and prosper, emotionally and socially.
When bullying is encountered, the agency will ensure that the procedures are in place to allow:
- Reporting and recording of the incident;
- Having concerns or incidents of bullying properly monitored;
- Ensuring appropriate action is taken in response to incidents of bullying and that these are followed up.
This will ensure that people feel listened to and understand that their concerns have been and will be taken seriously.
The agency will provide guidance and training that encourages an understanding and appreciation of what bullying is and how it impacts on self and others.
2. Definition of Bullying
Bullying is defined as behaviour or actions of a person, group of people or a whole organisation designed to cause distress or to hurt a person or group of people.
Bullying can take place in a variety of settings including face-to-face, via other people, on the phone or the internet including social networking sites.
Bullying can be:
- Emotional - being unfriendly, excluding, tormenting (e.g. hiding possessions, threatening gestures);
- Physical - pushing, kicking, hitting, punching or any use of violence;
- Racist - racial taunts, graffiti, gestures;
- Sexual - unwanted physical contact or sexually abusive comments and harassment;
- Homophobic or remarks about gender identity - because of, or focusing on, the issue of sexuality;
- Verbal - name-calling, sarcasm, spreading rumours, teasing;
- Online/cyberbullying - e.g. using mobile phones or social networking sites to intimidate or bully others.
An Ofsted thematic review (Review of sexual abuse in schools and colleges (Ofsted, June 2021) identified substantial levels of sexual harassment for both girls (90%) and boys (nearly 50%) and that in a number of schools this went unreported as a result of the school’s ‘culture‘ – a part of which appeared to be that staff were not aware; did not countenance that this could happen, and because once it was discussed (the children) feared the process would be out of their control.
Sexual harassment and sexual violence exist on a continuum and may overlap. Where this occurs, there could be a criminal offence committed.
This would also include actions such as creating or sharing explicit images of a child which is illegal, even if the person doing it is a child. A young person is breaking the law if they:
- Take an explicit photo or video of themselves or a friend;
- Share an explicit image or video of a child, even if it's shared between children of the same age;
- Possess, download or store an explicit image or video of a child, even if the child gave their permission for it to be created.
However, if a young person is found creating or sharing images, the police can choose to record that a crime has been committed but that taking formal action is not in the public interest.
With effect from 29 June 2021, section 69 Domestic Abuse Act 2021 expanded so-called 'revenge porn' to include threats to disclose private sexual photographs and films with intent to cause distress.
Where Community Foster Care or foster carer is concerned that a child they have care of is being bullied, or is bullying, they should consider whether a criminal offence has or is being committed, and discuss it further with the child’s social worker. (See also Section 4, Risk Assessment and Planning).
3. Prevention
Everyone involved in looking after children shares responsibility for countering bullying and for creating a culture which positively encourages acceptable behaviour and reduces or prevents the likelihood of bullying.
CFC’s statement of purpose will include its strategy for dealing with and reporting bullying. All children's guide should also contain information and advice on countering bullying.
All staff and foster carers must be alert to the risk of bullying and should take all reasonable steps to prevent such behaviour. In order to help achieve this, services or foster homes should have its own strategies for countering bullying, and this should be reflected in the risk assessment and or the foster carer's safer caring policy.
This will include:
- Implementing clear rules that bullying is not acceptable and what measures will be taken if the bullying is suspected or it is reported to them;
- Providing clarity to children on acceptable behaviours including online behaviours;
- Providing opportunities for children to explore issues of bullying e.g. writing stories or poems or drawing pictures about bullying;
- Encouraging children to read stories about bullying or reading such stories to them;
- Having discussions about bullying and why it matters;
- Being good role models.
4. Risk Assessment and Planning
If foster carers or staff have any concerns that bullying behaviour (either victim or perpetrator) is occurring for a child or young person in their care, then it is important that they discuss the concerns with their supervising social worker or manager. Where the child has a social worker, they should also be consulted. A plan should be agreed to work with the child / young person to reduce or prevent the bullying. This should be carefully monitored.
When bullying occurs it may be appropriate to convene a meeting, preferably with the child or children concerned, to discuss strategies to prevent or reduce the bullying. The outcomes of the meeting may include the following:
- The bully (bullies) may be asked to genuinely apologise;
- In serious cases, some form of sanction will be considered;
- If possible, the children concerned will be reconciled;
- After the incident / incidents have been investigated and dealt with, there will be continuously monitoring to ensure repeated bullying does not take place.
If the bullying is persistent or serious, then for foster children or a child open to a local authority social worker, then they must be informed and consulted. Where the child or young person is not engaged with the local children services then a referral may be required under the Safeguarding Children and Young People Procedure.
5. Notifications (Fostering Service), Recording and Review
5.1 Minor or Non-Persistent Bullying (Fostering Service)
Where bullying is not persistent or not serious it should be notified to the supervising social worker or Service Manager at the first opportunity; the information should be shared with the Child's Social Worker.
5.2 Persistent or Serious Bullying
Serious or persistent bullying must be notified immediately to the supervising social worker or Service Manager, who will notify the child's social worker within one working day. Consideration will be given to whether a Child Protection Referral should be made, if so, see Safeguarding Children and Young People Procedure, or indeed whether a criminal offence has been committed.
See also Education Procedure
5.3 Recording and Review
The foster carer or staff member must record all incidents of bullying either in diary sheets or session recordings. For more serious incidents an incident form should be completed. This must be recorded in the child’s file. It should be clear who is the alleged victim and the child who is the alleged bully with any actions clearly marked and followed up.
For Fostering - The child's placement plan should be reviewed with a view to incorporating strategies to reduce or prevent future incidents.