Closure of the New School Butterstone: independent review report

Annex C: Care Inspectorate and the Scottish Ministers' Conditions and Requirements

Date: Relevant Bodies: Conditions / requirements:

2017

27 February 2017

Relevant Bodies: Scottish Ministers

Conditions / requirements:

5 conditions were imposed on the running of the school in accordance with section 98E(1)(a) of the 1980 Act.

1. the school must, by 20 March 2017, rationalise its record keeping: ensuring that each child and young person's file is accessible by all who require access, and that each child and young person's file can be updated as required;

[Condition revoked 19 April 2017].

2. the school must, by 3 March 2017. Complete a review of all care plans in place as children and young people enrolled at the school;

[Condition revoked 19 April 2017].

3. the school must, by 3 March 2017, take measures to ensure all staff as appropriate are made aware of care plans, any changes made to care plans and any strategies listed in care plans;

[Condition revoked 19 April 2017].

4. the school must, by 20 March 2017, review and update its policies and practices in relation to ICT equipment and internet access to ensure that all young people are safeguarded while online; and

[Condition varied on 19 April 2017 and seeks that the school, by 5 May 2017, implements filters that block sensitive and inappropriate content to be viewed online and that individual risk management plans are developed].

[Condition revoked 7 June 2017].

5. the Board of Governors must (a), by 20 March 2017, conduct a review of the events of Monday 20 February 2017; and (b), by 27 March 2017, provide a report, based on that review, to the Registrar of Independent Schools detailing the conclusions of the review and the actions taken by the Board of Governors in response to the review.

[Condition revoked 19 April 2017].

1 March 2017

Relevant Bodies: Care Inspectorate

Conditions / requirements:

A requirement is issued on the school compelling the school to review all young people's care plans by 20 March 2017.

[School submit action plan to address this requirement on 13 March 2017].

19 April 2017

Relevant Bodies: HM Inspectors

Conditions / requirements:

HM Inspectors provide information to the Registrar on the school's progress leading to 1-3, 5(a) and 5(b) conditions of 19 April 2017 being revoked.

8 and 9 May 2017

Relevant Bodies: Care Inspectorate

Conditions / requirements:

Unannounced inspection carried out. Grades remain unchanged from the inspection undertaken in September 2016.

Care and support - 5, Environment - 4, Staffing - 5, Management and leadership - 4.

Recommendations made:

• Managers should work with staff to ensure a consistent approach to planning across all care plans;
• Managers should review the supervision policy to make frequency more achievable and improve the recording and quality of staff supervision sessions;
• Managers should develop a more structured and systematic approach to quality assurance with clearly defined roles and responsibilities, and details of how the service will be evaluated and improved.

[School submitted an action plan to address these recommendations].

7 June 2017

Relevant Bodies: HM Inspectors

Conditions / requirements:

HM Inspectors provide a further update to the Registrar on the School's progress, which leads to the final conditions of 19 April 2017 being revoked.

2018

25 January 2018

Relevant Bodies: Care Inspectorate

Conditions / requirements:

The Care Inspectorate issue a requirement to the school that 'the service provider must ensure all service users are supported appropriately when their placement ends. Plans must be agreed and recorded to deliver the best possible ending.

[School satisfactory plan was submitted alongside a policy regarding the ending of placements].

1 March

Relevant Bodies: Scottish Ministers

Conditions / requirements:

Scottish Ministers determine that there is evidence to consider there may be a risk that the welfare of a pupil attending the school is not adequately safeguarded and promoted there (section 99 (1A) (aa) of the 1980 Act). Ministers stop short of finding the school 'at risk' and it is not necessary to impose conditions at this time. Instead Scottish Ministers recommend that the school obtain training for all staff regarding their responsibilities for keeping children and young people safe, with a focus on 'the recording of disclosures and incidents, and best practice in safeguarding more generally'. The Registrar also wrote to the school and Perth and Kinross Council regarding the need for mediation to improve damaged relationships.

[Mediation did not take place].

26 April 2018

Relevant Bodies: Scottish Ministers

Conditions / requirements:

Scottish Ministers agree to cause a special inspection of the school and seek a report from HM Inspectors on a number of areas in line with their powers as set out in section 66 of the 1980 Act. Ministers consider this inspection 'desirable' as such an inspection would allow HM Inspectors to provide a full report and evaluation on how the School has improved and inform any decision on whether further action is merited.

7-10 May 2018

Report published 13 July 2018.

Relevant Bodies: Care Inspectorate

Conditions / requirements:

Care and support - 3, Environment - 4, Staffing - 4, Management and leadership - 3.

3 requirements and 5 recommendations made.

Requirements:

1. Young people should experience high quality support and protection through effective protection practices. In order to achieve this the provider must:

• Review the child protection policy to ensure it takes account of national guidance.
• Review protection processes and recording systems and be satisfied that robust processes are in place to report protection concerns, leading to the identification of key information which then informs recorded decision making and eventual outcomes.
• Develop an effective adult protection policy.
• Provide adult protection training for staff and ensure that staff are clear about the circumstances in which an adult protection concern should be raised and their role and responsibilities.

2. Young people should experience high quality care, support and protection through effective care planning that addresses their individual needs. In order to achieve this the provider must:

• Ensure that all care plans include all identified needs and how these will be met.
• Ensure that systems are in place to evaluate progress for all young people and that this results in next steps or changes to strategy.
• Ensure that, whenever possible, parents, carers and young people are involved in care planning.
• Ensure that all documentation evidencing statutory obligations, such as reviews, is available in respect of all pupils.

3. Young people should experience quality care, support and protection through effective management and leadership practices. In order to achieve this the provider must:

• Ensure that the Care Inspectorate and Scottish Social Services Council are notified about staff disciplinary matters and the action being taken.

Recommendations

1. The provider should ensure that administration of medication meets current best practice guidelines. Specifically: Recorded instructions and dosage must reflect the pharmacy label; A record should be made of when a parent last gave the child medication; A copy of the prescription should be kept; Proper attention is paid to the disposal of all mediation.

2. The provider should ensure that each young person had an individualised information technology risk assessment.

3. The provider should ensure that recording of premises risk assessments, maintenance, health and safety and action plans are systematic and regularly overviewed and audited by managers.

4. The provider should carry out a training needs analysis to identify training needs for staff as a staff group and individuals.

5. The provider should review the incident process to ensure consistency in recording of incidents and develop a more rigorous approach to analysis of incidents in order to identify the trends and develop strategies to reduce incidents.

[School send an action plan to the Care Inspectorate on 8 August 2018].

10 May 2018

Relevant Bodies: HM Inspectors

Conditions / requirements:

HM Inspectors conduct a special inspection of the school as requested by the Scottish Ministers in accordance with Section 66 of the Education (Scotland) Act 1980.

1. Leadership of Change - Satisfactory

2. Child protection - weak

Special Inspection Report published 21 August 2018.

5 June 2018

Relevant Bodies: Scottish Ministers

Conditions / requirements:

HM Inspectors and the Care Inspectorate provide an update to Scottish Ministers based on their inspection activity. Both have elected to make a series of requirements and recommendations to bring about improvement based on their findings at the school.

Scottish Ministers consider the imposition of conditions is not necessary at this time as action being taken by the Care Inspectorate seeks to address the same issues being identified by HM Inspectors. Action in addition to the Care Inspectorate related to the same areas was seen to be duplication and disproportionate.

9 November 2018

Relevant Bodies: Care Inspectorate

Conditions / requirements:

The Care Inspectorate serve an improvement notice on the school in line with section 62 of the 2010 Act. The notice requires the School to take urgent action to improve and is based on Care Inspectorate findings at the School.

The notice follows several less formal attempts to encourage the School to improve processes around handling, recording and/or reporting incidents at the School regarding the welfare and general safety of learners.

[Improvement notice not required to be met due to School closure].

15 November 2018

Relevant Bodies: Scottish Ministers

Conditions / requirements:

Two conditions imposed on the school:

The Board of Governors must review all staff's understanding and capability in relation to child protection and safeguarding. From this a plan should be produced to address any training and resourcing requirements. This plan should be shared with the Registar by 7 December 2018.

By 7 December 2018 the Board of Governors must provide the Registrar of Independent Schools with an improvement plan which focuses on the capability of the school's leadership and governance to deliver improvements in safeguarding and promoting the welfare of learners in the immediate and long term.

[Improvement notice not required to be met due to School closure].