Clywch Inquiry

On the first Anniversary of the publication of the Children’s Commissioner’s Clywch Inquiry Report, I am attaching a note which sets out for the 16 Recommendations specifically directed to the Assembly Government where matters currently stand with regards to their implementation. The note also goes on to provide an indication of progress on 6 other recommendations that are directed at others but where we have a substantial involvement either in providing relevant guidance or in a sponsorship role.

Overall, it will be seen that we have made considerable progress towards their implementation with most of the necessary actions being completed by either later this year or early next. This is no mean feat bearing in mind that in most instances we have had to engage in widespread consultation in developing new or in revising existing proposals. Much of this vital work will not have been apparent to those who have not been part of the process

I am also aware from discussions that I have had or my officials with the other organisations involved with the remaining recommendations that steady progress has been made and that their full implementation remains a clear objective.

During this year, we have maintained close contact with the Children’s Commissioner and his Office and I want to thank him and his colleagues for the very positive and constructive way that they have participated in this important implementation phase. He has made it clear that he too is generally content with progress to date but will be continuing to closely monitor the situation. He has also very helpfully and pragmatically taken the view that where recommendations include a specific timetable, provided that he is satisfied that real and tangible progress is being made towards an acceptable outcome, that he will not seek to rigorously impose them.

I understand, though, that he is writing to all interested parties outlining where he believes matters have reached on the individual recommendations and I warmly welcome this fact.

I shall table a further Cabinet Written Statement towards the turn of the year providing a further progress report.






JANE DAVIDSON
Minister for Education and Lifelong Learning

PART 1: Recommendations specifically directed to the Welsh Assembly Government


21.3   I recommend that the Welsh Assembly Government and the General Teaching Council for Wales and the DfES take steps to ensure that teachers receive specialist input in their professional qualifying training programme about the way in which abusers operate and that the findings of this report form part of that training, this recommendation to be implemented within 2 years of the publication of this report.

The Minister for Education and Lifelong Learning wrote to the Secretary of State for Education and Skills and the Secretary of State for Wales given the implications of this recommendation for the administrations in England, Scotland and Northern Ireland which have similar responsibilities for initial teacher training. Since that time officials have held discussions with their counterparts in these countries about these issues – a meeting was held on 3 March with the Teacher Training Agency (for DfES) and the Scottish Executive; meeting papers were also distributed to the Department of Education (Northern Ireland).  All four nations run separate initial teacher training systems and are covering these sorts of issues within the context of their own systems.  We will keep in touch with colleagues in the other countries as our work on replacing Circular 13/98 progresses

Consultation is now underway on the replacement of Circular 13/98 and is to be completed by 22 July. The replacement consists of two new pieces of legislation ((i.e. new Qualified Teacher Status standards and new Initial Teacher Training accreditation arrangements, including requirements for ITT courses). These are to be supported by an Information Document containing the QTS standards and requirements for ITT courses as well as a non-statutory Handbook of Guidance. The draft requirements for ITT courses specifically includes a section which meets the Commissioner’s recommendation. The draft handbook also covers this issue and provides information for ITT providers on particular areas of concern raised in the Commissioner’s report.



21.5   I recommend that the Welsh Assembly Government issues guidance within 6 months of the publication of this report which requires the governors of all schools, whether they be community, voluntary aided, voluntary controlled, foundation or independent schools and further education colleges to have a whistleblowing policy in place and that all teachers and non teaching staff are informed as to its operation.


FE Institutions already have guidance in place on the operation of whistleblowing procedures. The Association of Colleges provided web based guidance to its members in November 2002. This included reference to the need to train staff in such procedures.

Work on the production of similar guidance for school governing bodies has commenced with a target date for consultation commencing in September 2005.  It is intended that this guidance should also embrace the independent sector.

21.7   I recommend that the Welsh Assembly Government issue guidance within 12 months of the publication of this report on how allegations of child abuse made against teaching and non teaching staff should be investigated. The guidance should consider the:

(i) Joint NEOST /Teacher Union guidance on Education Staff and Child
Protection: Staff Facing an Allegation of Abuse

(ii) Practice Guide to Investigating Allegations of Abuse against a Professional or Carer in Relation to Looked After Children

(iii) All Wales ACPC Child Protection Procedures.

(iv) National Assembly for Wales Guidance ‘Working Together to Safeguard Children’.




Following extensive consultation with interested parties, including the Children’s Commissioner, Circular 45/2004 entitled “Staff Disciplinary Procedures in Schools” was published in November 2004. It drew on the guidance identified in the Commissioner’s recommendation in setting out how allegations of child abuse against school staff are to be handled.

The Circular provides non-statutory guidance. However sections 35 (8) and 36 (8) of the Education Act 2002 which are expected to come into force in March 2006 in Wales will give the Assembly powers to issue statutory guidance on school staffing issues.  Consultation on reviewing the circular to take account of the Clywch and Bichard inquiries and experience of using the Circular will start in the Autumn with a view to its reissue as statutory guidance in Spring 2006.  It will also need to take on board the draft Safeguarding Children Together guidance to be produced about the duty of schools to safeguard and promote children’s welfare as required by section 175 of the Education Act 2002.







21.8   I recommend:

(i)   that the responsibility for deciding whether to lay charges and to proceed with an investigation and hearing becomes the responsibility of the local education authority, because of its relationship with teachers, non teaching staff and its membership of the Area Child Protection Committees in Wales

(ii)   where an investigation is commenced, it should be undertaken by a
specialist personnel officer of the local authority who should also present the case unless a solicitor or counsel is instructe
(iii)   that four new independent tribunals be established, covering four parts of Wales, chaired by a legally qualified person and having two other members one of whom will be a teachers’ trades union nominee and the other a governor nominee to hear the evidence and to make findings of fact on the balance of probabilities. Those chairing such tribunals to be appointed by a process involving both teachers’ trade unions and the local education authorities.

21.9   I recommend that the Welsh Assembly Government establish a task group within 6 months of the publication of this report, with representatives from all interested parties, charged with bringing forward a set of proposals to implement the recommendation I have made in respect of schools’ disciplinary tribunals. The interested parties should include:

(i) all teachers’ trade unions

(ii) governor representatives

(iii) local education authority officials

(iv) child protection and legal experts

(v) children and young people

(vi) General Teaching Council representatives

(vii) Welsh Local Government Association

(viii) police.


Matters to be considered by the task group to include the threshold for referrals, appeals, tribunal rules, the interrelationship with police investigations and the recording of investigations on the files of teaching and non teaching staff.


Sections 35, 36 and 37 of the Education Act 2002 when commenced for Wales in early 2006 will replace current school staffing provisions in Sections 54 to 57 and Schedules 16 and 17 of the School Standards and Framework Act 1998. The provisions allow the Assembly Government to make Regulations covering staffing issues in all maintained schools in place of the present provisions. The draft  Regulations will be issued for consultation next month and contain  2 new provisions designed to address the recommendations involving the investigation and hearing of cases involving allegations of child abuse against staff – that is cases where action falls to the Governing Body because allegations are judged not to warrant a criminal prosecution  or a prosecution fails.  

The Regulations would require a governing body

 to arrange for independent investigation of such cases

 to appoint an independent non-governor member with voting rights to each of the staff disciplinary and disciplinary appeals committees for consideration of cases involving allegations of child abuse

The recommendation that local authorities should carry out the investigation was not accepted because experience has indicated that local authorities are not always best placed to do this.  The requirement for independent investigation will be backed by an Assembly Government funded network of independent investigators.  The consultation on the regulations will invite views on how this should be organised.

The recommendation that there should be independent tribunals to hear such cases was rejected because

• Responsibility for school staff disciplinary procedures rests with a governing body and the removal of that responsibility and creation of tribunals  would require primary legislation;

• Any change of this kind would cut across the responsibilities of employers for disciplinary action in accordance with employment law; and

• The proposal did not command support from the representatives of local authorities, teacher and staff unions and Governors Wales


The Children’s Commissioner has indicated his support for both the independent investigation and independent member proposals, but has made it clear that since the latter is an alternative to his recommendation for 4 independent tribunals, he is only prepared to support it if independent members have voting rights and the alternative proposals result in a fair process where independent members and investigators have expertise which enjoys the confidence of all parties, where training is mandatory and timescales are clear.

It is envisaged that these arrangements will be put in place in 2006-07

21.12   I recommend that the Welsh Assembly Government, in partnership with the DfES, ACCAC and the equivalent qualifying curriculum and assessment authorities in Scotland, Northern Ireland and England, consider the role of examining bodies across the UK with regard to child protection arrangements within 12 months of the publication of this report.



A Steering Group has been established with representatives from the Education departments and Regulatory Authorities in Wales, Scotland, England and Northern Ireland. And a schedule of meetings has been agreed. Other organisations – including awarding bodies – may be co-opted to the Steering group as and when appropriate.

The Group has collated and reviewed existing relevant documentation and guidance from across the UK.  The results have been used to assist in considering the role of awarding bodies with regard to child protection issues and the requirement of guidance to regulatory bodies.

At its June meeting, the Group approved a draft document “Child Protection: Responsibilities and Exemplification for Awarding Bodies” which is to be issued for initial, consultation by ACCAC with SSIW (who have already contributed to the drafting), Estyn, WJEC, the Joint Council for Qualifications and the Executive Committee of the Federation of Awarding Bodies. ACCAC will also consult formally with its fellow Regulators. A copy is also to be sent to the Children’s Commissioner.

Subject to the outcome of this process, formal consultation with other interested parties including all 114 awarding bodies, teachers associations, schools and colleges will be launched in the early Autumn.  The other Education Departments and Regulatory Authorities are considering how the guidance should be distributed in their respective countries.

Following the outcome of this consultation, it is anticipated that final guidance will be issued to all awarding bodies in early 2006.


21.13   I recommend that the Welsh Assembly Government, in partnership with the DfES, ACCAC and the equivalent qualifying curriculum and assessment authorities in Scotland, Northern Ireland and England, consider the way in which drama is taught and examined in schools and further education colleges, with the aim of producing practice guidance within 2 years of the publication of this report that will include consideration of the following issues:

(i) selection of appropriate drama texts in education and examinations;

(ii) adult participation in school drama and drama practical examinations;

(iii) safe teaching of drama, in particular the teacher’s role in pupil improvisation and method acting;

(iv) venues and timings for drama examinations and rehearsals;

(v) video recording of children and young people in drama rehearsals and practical examinations and the need to obtain parental consent

(vi) the practice of involving younger pupils in drama practical
examinations of older pupils;

(vii) monitoring and sanctions in relation to the late submission of scripts for practical examination to examining boards;

(viii) express guidance relating to sexual content and language, intimate physical contact and nudity in drama practical examinations and lessons;

(ix) the duties of schools and college management in monitoring the
implementation and observance of guidance.


The Steering Group established in connection with the previous Recommendation is also overseeing the implementation of the project to prepare guidance on the teaching and examining of drama.

To complement its work, the Welsh Assembly Government convened a Seminar of experts in the filed of drama to  gain initial specialist practitioner input into guidance for the teaching of drama (and the expressive arts) in schools and colleges.

At the June meeting of the Steering group, consideration was given to an initial but extensive draft of guidance prepared by Estyn. An amended draft will be considered at the next meeting in July.  The final will issue within 12 months.








21.14   I recommend that the Welsh Assembly Government issue guidance, within 12 months of the publication of this report, as to what information can be shared where there are allegations of child abuse whether or not findings have been made. Such guidance should include what information can be shared with the voluntary sector and any other body through which the individual has or may have access to children.


The whole issue of sharing information has been raised in the consultation document on the guidance, which is proposed for the Local Safeguarding Children’s Boards.  The consultation period extends to 31 August 2005. In the light of the responses received to that document and alongside it, specific, consideration will be given to this particular recommendation.  It is anticipated that final guidance will issue at the turn of the year.


21.17   I recommend the Welsh Assembly Government review the Children (Performances) Regulations 1968 and the guidance thereto so as to address the weaknesses outlined in my report in the current arrangements for safeguarding the welfare of children in Wales when performing in television or other media, within 12 months of the publication of this report.


The proposed review is underway and its conclusions will be published by January 2006. This will propose any necessary amendments to the existing Regulations and guidance and also a timetable for achieving any necessary changes.


21.18   I recommend local education authorities to be issued with guidance by the Welsh Assembly Government on best practice to fulfil their current duties and responsibilities under the Children (Performances) Regulations 1968 within 6 months of the publication of this report.


Draft guidance is now being finalised and will be issued for consultation shortly.



21.25   I recommend that the Welsh Assembly Government’s ‘Guidance on Procedures for Dealing With Complaints to Governing Bodies’ be amended to include clear and unambiguous guidance on the responsibilities of relevant parties if complaints raise child protection concerns.

21.26   I recommend that the Welsh Assembly Government’s ‘Guidance on Procedures for Dealing With Complaints to Governing Bodies’ is amended to make it clear that the Children’s Commissioner for Wales has powers, under the Care Standards Act 2000 and the Children’s Commissioner for Wales Act 2001, to review complaints procedures in schools and to review individual cases.

21.27   The Welsh Assembly Government’s ‘Guidance on Procedures for Dealing with Complaints to Governing Bodies’ shows an awareness of the difficulties in achieving sufficient independence in all stages of the investigative process of a complaint and in adjudication in schools, especially small schools. I share this concern but remain unconvinced that the remedies proposed will prove practicable and effective. Nonetheless, I feel the arrangements proposed should, amended as I have suggested, be given the chance to be tested and therefore that they, together with “Complaints Involving Pupils’ should be issued as statutory guidance without delay and not later than 1 September 2004.  My office will conduct a Review of these arrangements after they have been in force for 1 year.

21.28 I recommend that the Welsh Assembly Government takes the necessary steps to ensure that all the proposals within its consultation document ‘Procedures for Complaints involving Pupils’ are placed on a statutory footing.


Draft guidance on handling complaints involving pupils was issued for consultation in February.  The consultation also sought views on giving statutory force to more of the guidance contained in Circular 03/2004 on school complaints procedures.  Consultation ended on 28 May and responses are being considered.  

We will be considering whether to issue a separate circular on handling complaints involving pupils; or to issue a single circular with a model policy for school governing bodies which would replace Circular 03/2004 and include the guidance on complaints involving pupils.  A decision will be made once the responses to consultation have been considered.  The expectation is that the final guidance will be issued around the end of the year.




21.29   I recommend that the Welsh Assembly Government devise a national strategy for the provision of an independent children’s counselling service for children and young people in education including provision of appropriate support to children during disciplinary, child protection, complaints and exclusion processes within 12 months of the publication of this report.  This national strategy should also consider teachers’ pastoral care skills, training and support and the respective roles within pastoral care of teaching staff, counsellors and educational welfare staff.

Considerable work has taken place on the provision of advocacy services for children and young people across health, social care and education. However, there is a clear recognition that we do need a strategy on counselling services for children and young people, a draft of which I propose to discuss with ELL Committee in the Autumn prior to wider consulation.  The strategy will be developed with the involvement of a number of key stakeholders, including the NSPCC and Eye to Eye, and is likely to be implemented on a pilot basis. We will be considering the associated financial implications of its implementation as part of its development and in the light of this and future budget planning round discussions.


21.30   I recommend that the Welsh Assembly Government within 3 months of the publication of this report require all school governing bodies to ensure that children are informed in their school of the availability and purpose of relevant services, including ChildLine, the NSPCC Child Protection Helpline, social services, the Children’s Commissioner for Wales and advocacy services.



The decision to make information available to pupils about particular organisations or services is a matter for individual schools.  However  the draft guidance on handling pupil complaints (see response to recommendation 21.28) recommends that schools make  information available to pupils on advocacy and child protection services..  


Part 2:  Recommendations not directed principally to the Welsh Assembly Government but where we have a substantial involvement with associated guidance.





21.1   I recommend that in any child protection investigation the wishes and views of the child about the conduct of the interview, including their wishes about the nature of the support they prefer, are always sensitively ascertained and recorded and form part of the interview planning process and that the All Wales Child Protection Procedures are amended accordingly within 12 months of the publication of this report.

21.2   I recommend that consideration always be given by the police to informing a child of the outcome of a police investigation, taking great care to explain what has happened and that the All Wales Child Protection Procedures are amended accordingly within 12 months of the publication of this report.


21.21   I recommend to chairs of ACPCs that if a serious case review is undertaken the independents writer for the overview report should participate in the review group meetings.

21.24.  I recommend that ACPC chairs ensure that the All Wales Child Protection Procedures are amended within 6 months of the publication of the report to give guidance on the retention and storage of documents which would allow for cases to be reviewed as appropriate over a longer period.


The guidance proposed for the Local Safeguarding Children’s Boards either includes or reinforces existing guidance on these particular issues. Draft guidance is out to consultation until 31 August 2005. It is anticipated that it will issue by the end of the calendar year.




21.6   I recommend that, on appointment in any school or further education college in Wales, every teacher and member of non teaching staff should receive written and oral instruction on whistleblowing procedures and how to operate them.  This should then be reinforced on a regular basis.


The guidance referred to at Recommendation 21.5 above and which is designed to cover the whole whistleblowing issue is being produced and the target date for consultation commencing is September 2005.





21.31.  I recommend that ACCAC within 12 months of the publication of this report review its Personal and Social Education Framework in the light of my report and decide whether changes or additions need to be made.

While this recommendation is directed at ACCAC, we have agreed as part of our sponsorship role that they should review the PSE Framework in the light of the Commissioner’s recommendation. We believe that this should be done as an integral part of their work to revise the school curriculum in Wales. Indeed, to this end we have received more general advice from ACCAC about the scope and nature of revisions to the curriculum and the timescale for their introduction. In response to this advice, I have drawn their attention to this specific recommendation and reiterated my view that such a review should go hand in hand with the wider changes we are proposing.

I have made it clear that it would be appropriate for ACCAC to keep the Commissioner fully informed of progress.