Pupil E-Safety & ICT Acceptable Use Policy Policy Responsibility: APT - Ed TEch and Head of Pastoral Care
Date Ratified: November 2025
Ratified by: Board of Governors
Next Reviewed Date:January 2027
Contents E-Safety ................................................................................................................................................... 3 1.
Objectives........................................................................................................................................ 3
2.
Managing the Risk ........................................................................................................................... 3
3.
Monitoring ...................................................................................................................................... 4
4.
Online Harms and Reporting ........................................................................................................... 4
5.
Further Advice and Information.................................................................................................... 16
6.
Roles and Responsibilities ............................................................................................................. 17
7.
Dealing with breaches of the E-Safety and ICT Acceptable Use Policy for Pupils ......................... 20
8.
Use of Social Media ....................................................................................................................... 21
9.
Roles and Responsibilities in relation to Social Media for Pupils .................................................. 21
10. Communication of the E-Safety and AUP Policies ......................................................................... 22 Appendix 1 – ICT Acceptable Use Policy (AUP) for Pupils ..................................................................... 24 Appendix 2 – Legal Frameworks .......................................................................................................... 30
E-Safety 1. Objectives In the College, we have a responsibility to ensure that there is a reduced risk of pupils accessing harmful and inappropriate digital content and should support and empower pupils to engage in online activities in an educated, safe, responsible, and respectful way. As a result, pupils should have a clear understanding of online safety issues and, individually, be able to demonstrate what a positive digital footprint might look like. Safeguarding and promoting pupils’ welfare around digital technology is the responsibility of everyone who comes into contact with the pupils in the school or on school-organised activities. E-Safety in the school context: • is concerned with safeguarding children and young people in the digital world; • emphasises learning to understand and use new technologies in a positive way; • is less about restriction and focuses on education about the risks as well as the benefits so that users feel confident online; • is concerned with supporting pupils to develop safer online behaviours both in and out of school; and • is concerned with helping pupils recognise unsafe situations and how to respond to risks appropriately.
2. Managing the Risk Twenty-first century life presents dangers including violence, racism, radicalisation and exploitation. Whilst children and young people need to be protected from these dangers, they also need to be educated about how to recognise and avoid the risks, in an age appropriate manner. Pupils need to know how to cope if they come across inappropriate material or situations online and are encouraged to seek help and advice when they need it without fear of censure or criminalisation. DE Circular 2016/27 provides schools with information on the characteristics of good online safety practice and recommended actions for schools in developing or reviewing their online safety procedures. The Department’s website also provides further advice and links to relevant DE Circulars and sites providing advice for teachers, pupils and parents/carers. https://www.education-ni.gov.uk/articles/education-safe-and-effective-practices The EA/C2k has procured a filtered internet service for and on behalf of all pupils and staff in schools in Northern Ireland. This is provided as part of the core C2k service available to all schools. The College cannot cover every scenario and that parents/carers have the primary responsibility for the protection and safeguarding of their children. The College will engage with parents/carers to share information, advice and guidance on the appropriate and safe use of digital technology. There are many other websites, along with organisations in the community, that can offer support and METHODIST COLLEGE BELFAST
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other links are available from the DE website. The EA have a dedicated Addressing Bullying in Schools Implementation Team ABSITeam@eani.org.uk
3. Monitoring If the College becomes aware of pupils or members of staff affected by internet abuse, either in school or outside school hours, the College will follow up in line with school policies. Cyber-bullying is considered within the school’s overall Addressing Bullying Type Behaviour Policy. Article 2(2) of the Addressing Bullying in Schools Act (NI) 2016 expressly permits schools to include in their Addressing Bullying Policy measure to tackle cyber-bullying between pupils, even when the incidents take place outside the normal school day. While there is no specific legislation for cyber-bullying, the following may cover different elements of cyber-bullying behaviour: Protection for Harassment (NI) Order 1997 https://www.legislation.gov.uk/nisi/1997/1180 Protection for Harassment (NI) Order 1997 https://www.legislation.gov.uk/nisi/1988/1849 Malicious Communications (NI) Order 1988 The Malicious Communications (Northern Ireland) Order 1988 https://www.legislation.gov.uk/ukpga/2003/21
4. Online Harms and Reporting Online harms are user-generated content or behaviour that is illegal or could cause significant physical or psychological harm to a person. Online harms can be illegal, or they can be harmful to a child or young people, but still be legal. It is essential that children, in particular, are safeguarded from potentially harmful and inappropriate online material. Examples of online harms include: •
Online child sexual exploitation or grooming
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Viewing harmful content
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Sharing nudes
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Online bullying
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Online gambling
The breadth of issues classified within online safety is considerable and ever-evolving, but can be categorised into four areas of risk:
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• Content: Being exposed to illegal, inappropriate, or harmful content, for example: pornography, fake news, racism, misogyny, self-harm, suicide, anti-Semitism, radicalisation, and extremism. • Contact: Being subjected to harmful online interaction with other users; for example: peerto-peer pressure, commercial advertising, and adults posing as children or young adults with the intention to groom or exploit them for sexual, criminal, financial, or other purposes. • Conduct: Online behaviour that increases the likelihood of, or causes, harm; for example, making, sending, and receiving explicit images (e.g., consensual and non-consensual sharing of nudes and semi-nudes and/or pornography), sharing other explicit images, and online bullying. • Commerce: Risks such as online gambling, inappropriate advertising, phishing, and/or financial scams.
Types of Online Harms 4.1 Online Child Sexual Abuse Sexual abuse can happen online as well as offline and includes: •
Showing pornography
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Exposing a child to sexual acts
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Forcing a child to make, view, or share child abuse images or videos
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Making, viewing, or distributing child abuse images or videos
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Forcing a child to take part in sexual activities or conversations online
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Blackmailing a child to share their images unless they pay out money
Online child sexual exploitation occurs when a child is sexually exploited online. They may be persuaded or forced to create sexually explicit photos or videos or have sexual conversations. The internet has not created child sexual abuse, but it makes it easier for adult offenders to contact and groom children and young people. When contacting a child online, an adult offender’s objective might be to meet them face to face to abuse them. Many offenders, however, abuse children without meeting them by forcing or tricking them into producing and sharing sexual images or videos or engaging in sexual activity on camera or livestream. If information is received by any agency, organisation, or practitioner which suggests a young person is being sexually exploited, or at risk of sexual exploitation, a report will be made to the relevant HSCT or PSNI and a child protection investigation will be conducted in compliance with the requirements of the Joint Protocol. The PSNI will be involved as early as possible in the investigative process to ensure any evidence that may assist prosecution is not lost, and to enable a disruption plan to reduce the victim’s contact with the perpetrator(s) and reduce the perpetrator(s) control over the victim(s) to be put in place without delay. Staff and volunteers will always remain vigilant and observant to this type of abuse. Offenders of child sexual abuse come from all walks of life. Perpetrators, although predominantly male, can also
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be female, young, or old, and from any social or cultural background. They can abuse children of any gender, age, and social or cultural background. They can also be people that the child knows. 4.2 Child sexual abuse material Child sexual abuse material is a result of children being groomed, coerced, and exploited by their abusers, and is a form of child sexual abuse. It is important to use the correct term ‘child sexual abuse material’ and not ‘child pornography’ which implies it is a sub-category of legally acceptable pornography, rather than a form of child abuse and a crime. It is a serious criminal offence against children to take, make, distribute, or possess an indecent photograph or pseudo-photograph of a child under the age of 18. Child sexual abuse material can remain online indefinitely, therefore children continue to be revictimised each time it is viewed, shared, or downloaded. Children who have been abused in this way may grow up with feelings of shame, guilt, humiliation, and fear that abuse materials may resurface in future, giving them no sense of closure for the crimes committed against them. 4.3 Sharing nudes Sharing nudes or semi-nudes is a term used to describe when persons under 18 send or post nude or semi-nude images, videos, or livestreams online. Professionals might use the term sexting, youthproduced sexual imagery, or self-generated indecent imagery. Young people might use terms such as nudes or pics. It is illegal to take, possess, or share nude images of anyone under 18 and it is important that young people are aware of this. The legislation was created to protect and safeguard children from abuse, it was not created to criminalise them. Staff responding to incidents of sharing nudes and semi-nudes is complex because of its legal status. Staff will alert to their legal obligations including reporting of offences - Section 5 of the Criminal Law Act (NI) 1967 makes it an offence to fail to report a relevant offence. This includes children sharing nudes and semi-nudes. Even if a young person has technically committed an offence, the matter will be dealt with sensitively by the police, who will take into consideration all the circumstances. However, young people who pressure other under 18s to share nudes and semi-nudes, or intentionally share or threaten to share intimate images or films without consent are committing a serious offence. Finding a sensitive and supportive way to deal with the situation is the goal. A child or young person may be feeling embarrassed or distressed and it can be difficult for adults to know what to say and do. The quicker you can respond the more control you have. Police Service of Northern Ireland advice is that if you receive what you believe to be an indecent image, do not delete it and contact the Police as soon as you can. You must not send this image to another person or show it to anyone else as you may be committing an offence. 4.4 Searching and confiscating mobile devices As set out in the Department of Education Guidance for Schools on Pupils’ Personal Use of Mobile Phones and other Similar Devices During the School Day, personal use of pupil mobile phones and other similar devices are restricted during the school day for the vast majority of pupils. This includes during lunch and recreational periods.
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See Mobile Phone Policy and Positive Behaviour Policy for further information on use of mobile phones. 4.5 Report Remove Young people under 18 who are worried that a sexual image or video of them may have been shared online can use Childline and IWF’s Report Remove tool to try to remove it. Report Remove is a tool that allows young people to report an image or video shared online, to see if it's possible to get it taken down. Provided by Childline and IWF, it keeps the young person informed at each stage of their report and provides further support where necessary. Report Remove can be accessed by visiting childline.org.uk/remove. 4.6 Talking to a child about keeping safe online Having early, often, and open conversations with a child or young person about their online activity can help them understand who to trust online and empower them to avoid or safely deal with inappropriate contact. Discuss how easy it is for someone to hide their identity online and the risks with sharing sexual messages, images, videos, and/or livestreams with strangers or new online ‘friends’ that they don’t know in real life. Help them to recognise and report inappropriate and unhealthy communication. Further advice on sharing nudes can be found on the Online Safety Hub.
4.7.1 Online Grooming Grooming is when someone builds an emotional connection with a child to gain their trust for the purposes of sexual abuse, sexual exploitation, or trafficking. Children and vulnerable adults can be groomed online or face-to-face, by a stranger or by someone they know, for example, a family member, friend, or professional. Groomers may be male or female of any age. It can be difficult to tell if a child is being groomed as the signs are not always obvious and may be hidden. Older children might behave in a way that seems to be "normal" teenage behaviour, masking underlying problems. A child is unlikely to know they've been groomed. They might be worried or confused and less likely to speak to an adult they trust. Some of the signs one might see include: •
Being very secretive about how they're spending their time, including when online
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Having an older boyfriend or girlfriend
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Having money or new things like clothes and mobile phones that they can't or won't explain
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Underage drinking or drug taking
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Spending more or less time n or on their devices
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Being upset, withdrawn, or distressed
• age
Sexualised behaviour, language, or an understanding of sex that's not appropriate for their
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Spending more time away from home or going missing for periods of time
4.7.2 How to respond to suspected grooming Grooming is a criminal offence and occurs where an adult communicates with a person with a view to grooming a child (The Sexual Offences (Northern Ireland) Order 2008). If there are suspicions that a child has become at risk from online grooming it is important to listen, reassure and report. Try not to panic and remember the following: •
Report any concerns to the police on 101, report it online or phone 999 in an emergency.
• Keep evidence. Keep a record of what has been happening. Take screenshots and save messages. This will help you to prove what has been happening when reporting. • Ask the child to end all communication with the person who is grooming them, and block the person on all platforms and devices. Further advice on online grooming can be found on the Online Safety Hub.
4.8 Online blackmail (sextortion) Online blackmail is when someone threatens to share private information, images, or videos of a person online unless something is done for them. Young people sometimes send nude pictures or videos to flirt or have fun with other people online. These people might be known to young people in person or only online. Young people may believe that images and videos will not be shared any further. Unfortunately, there are some offenders online who will try to trick or pressure young people into sending nude images or videos of themselves. This can happen through their favourite social media app, website, or platform. Once an offender has a nude image or a video, they may threaten to share it publicly, unless the young person meets a financial demand (Financially Motivated Sexual Extortion – often referred to as ‘Sextortion’). ‘Sextortion’ may present as: • Financial blackmail using sexual/indecent images that have been sent to an offender a child or young person has had contact with online. • Financial blackmail using images that have been stolen from a child or young person, taken through hacking or have been faked using image altering technology. • Blackmail using sexual/indecent images that a child or young person has sent to an offender, but with a demand for something other than money. This might be a demand for them to do something they don’t want to, like give them use of your bank account. Sometimes the offender may ask for more nude images. If you think a young person is experiencing online blackmail report it to the police by calling 101 or 999 in an emergency. Further advice on online grooming can be found on the Online Safety Hub. 8
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4.9 Harmful content As children start to explore the internet, they may come across content that isn't suitable for their age, or that may upset or worry them. Harmful content can include: •
Sexual content, including pornography
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Violent content
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Fake news
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Hate speech
Content may be legal but could be harmful to a child. Harmful content can depend on a child's age, development, maturity, and support. 4.10 Pornography Some pornography is illegal and possessing, making, or distributing it are serious offences. Legal adult pornography is readily available online. It can be found via search engines, but often it appears in pop-ups. It is illegal for someone to show, or give access to pornography to anyone under 16. 4.10.1 Extreme pornography It is illegal to possess 'extreme pornographic images'. This is material that's 'grossly offensive, disgusting or otherwise obscene'. 4.10.2 Effects on children •
Normalisation of extreme or risky sexual acts
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More likely to engage in harmful sexual activity
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Developing discriminatory attitudes
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Inability to engage in real-life relationships
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An unhealthy preoccupation with pornography which can interfere with other aspects of life
Some young people speak of being “obsessed” or “addicted” to certain online material, most notably pornography. For some, visiting adult sites had become part of their daily routine. Staff at the College will report any concerns they have regarding a pupil’s use of the internet to a member of the Safeguarding Team.
4.11 Voyeurism Direct observation of another adult or child without their knowledge, when a reasonable level of privacy is expected. This includes, but is not limited to, cameras being set up in communal areas such as toilets, and private areas such as bedrooms, in order to record someone engaging in a private act (e.g., taking their clothes off or engaging in sexual activity). It also includes viewing live footage of another individual engaging in voyeuristic activities. METHODIST COLLEGE BELFAST
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Upskirting, downblousing, and cyberflashing are specific criminal offences in Northern Ireland. • Upskirting is when someone uses a mobile phone or mirror to observe or take a photograph/recording under a person’s clothing without their consent with the intention of obtaining sexual gratification, or to cause humiliation, distress, or alarm. • Downblousing is when someone uses a mobile phone or mirror to observe or take a photograph/recording down somebody’s top without their consent with the intention of obtaining sexual gratification, or to cause humiliation, distress, or alarm. • Cyberflashing is when someone sends an unsolicited sexual image to a person without their consent via digital methods such as social media or dating apps. Staff will raise any concerns to a member of the Safeguarding Team immediately if they suspect an offence is being committed. 4.12 Self-harm and suicide Many online forums, social media, messaging apps, and websites can glorify, reinforce, or encourage self-harming or suicidal behaviour. Content includes information, pictures, or videos on how to selfharm and describe ways in which children and young people can take their own lives. The reasons children and teenagers can self-harm are often complicated and will be different for every child or young person. Sometimes a child or teenager may not know the reasons they selfharm. For many young people, self-harm can feel like a way to cope with difficult feelings or to release tension. The physical pain of hurting themselves can feel like a distraction from the emotional pain they're struggling with. Some difficult experiences or emotions can make self-harm more likely in children: •
Experiencing depression, anxiety, or eating problems
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Having low self-esteem or feeling like they are not good enough
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Being bullied or feeling alone
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Experiencing emotional, physical, or sexual abuse, or neglect
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Grieving or having problems with family relationships
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Feeling angry, numb, or like they do not have control over their lives
Any concerns about a child or young person will be communicated to a member of the Safeguarding Team.
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4.13 Online bullying ‘The Addressing Bullying in Schools Act (N.I.) 2016’ provides schools with a legal definition which must be used by all schools to assess reported concerns of bullying type behaviour. Addressing Bullying in Schools Definition of “bullying” (1) In this Act “bullying” includes (but is not limited to) the repeated use of— (a) any verbal, written or electronic communication, (b) any other act, or (c) any combination of those, by a pupil or a group of pupils against another pupil or group of pupils, with the intention of causing physical or emotional harm to that pupil or group of pupils. (2) For the purposes of subsection (1), “act” includes omission.
TRIP While the legal definition, as set out in the Act, is the primary definition, we also use the mnemonic TRIP. This helps to build a shared understanding across our school community of the difference between socially unacceptable and bullying type behaviour. Socially unacceptable behaviour becomes bullying type behaviour when, after clarifying facts and perceptions, TRIP is confirmed: T
When the behaviour is TARGETED at a specific pupil or group of pupils.
R
When the behaviour is REPEATED over time.
I
When the behaviour is deliberately INTENDED to cause harm.
P
When the behaviour causes PSYCHOLOGICAL/EMOTIONAL and/or PHYSICAL harm.
While an ‘imbalance of power’ has not been included in the legal definition, the Board of Governors have agreed to incorporate this criterion to help determine if bullying type behaviour was targeted. An ‘imbalance of power’ is present when someone seen with lesser power, is identified as an object of negative attention. It may be used to validate and confirm the final TRIP decision. Although incidents usually involve repetition, a one-off incident may be classified as bullying type behaviour through consideration of the following criteria: • • • •
severity and significance of the incident; evidence of pre-meditation; psychological/physical impact of the incident on the individuals and/or wider school community; previous relationship(s) between those involved; METHODIST COLLEGE BELFAST
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•
any previous incident(s) involving the individuals.
A one-off electronic communication may constitute bullying type behaviour through repeated viewing and unwanted sharing of a post. Alternatively, the Positive Behaviour Policy may be used to determine the consequences of a one-off incident. Most cases of online bullying happen outside school, meaning schools are not always able to take direct action. The College has put in place measures which may help to prevent online bullying occurring outside of school hours. For example, pupils may learn/be given advice about online behaviour and its risks through the school curriculum and by taking part in activities for Anti-Bullying Week and Safer Internet Day. Please see Addressing Bullying Type Behaviour Policy for further guidance. Online bullying, often referred to as cyberbullying, can occur on any type of device connected to the internet, including social networks, gaming, and websites. Some examples: •
Abusive or threatening messages or emails
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Abusive comments on social media
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Sharing humiliating videos or pictures of someone
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Spreading rumours online
• Trolling – the sending of menacing or upsetting messages on social networks, chat rooms, or online games •
Excluding children from online games, activities, or friendship groups
4.13.1 Online Bullying The Addressing Bullying in Schools Act enables schools to take steps to help prevent and address online bullying type behaviour involving registered pupils during term time. We acknowledge that negative online behaviour occurring either in or out of school hours, can harm a pupil’s education and emotional well-being, and we will support affected individuals. At Methody we are committed to supporting our pupils to use the internet safely, responsibly, and respectfully. The Addressing Bullying Type Behaviour Policy is one of several school policies that address electronic behaviour which are reviewed in response to technological developments. As such, follow up is aligned to the wider policy suite. In Methody we aim to prevent electronic bullying type behaviour by: • •
• •
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Addressing key themes of electronic online behaviour and risk through curriculum content; Engaging with statutory and voluntary sector agencies and resources (e.g. Safeguarding Board NI, PSNI, Public Health Agency, Safer Schools App) to support the promotion of key messages and online safe digital use; Participating in Safer Electronic/Online/Cyber Campaigns to promote key messages; Addressing reported safeguarding concerns in relation to the misuse of electronic communication and provide timely support and intervention; and METHODIST COLLEGE BELFAST
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Creating, agreeing and implementing Acceptable Use Agreements (see DE Circular 2016/27)
4.13.2 How Parents/Carers can help a child experiencing online bullying: •
Reassure them you are there to help.
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Speak to a member of staff.
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Help them to block and report.
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Show them how to save evidence by taking screenshots.
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Remind them never to retaliate.
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Let them know they can always talk to you or Childline.
4.13.2 Responding to online bullying incidents If a child or young person is experiencing bullying in an online setting, report it to the social media or gaming platform. You can also contact 101 for advice from the police as some behaviour may break the law. Please refer to the Addressing Bullying Type Behaviour Policy for more information. Additional guidance and support on issues affecting children can be accessed via the following: •
NSPCC helpline on 0808 800 500 or email help@nspcc.org.uk.
• Parentline: A free and confidential helpline and online chat service for parents and carers in Northern Ireland. • Parenting Focus: Provide a free support line and webchat for parents and carers in Northern Ireland. • Childline: If you require help and support in confidence, you can call Childline on 0800 1111. You can find additional resources on bullying and cyberbullying on their website. • Lifeline: Northern Ireland’s crisis response helpline. If you, or someone you know, is in distress or despair, call Lifeline on 0808 808 8000. This is a confidential service, where trained counsellors will listen and help immediately on the phone and follow-up with other support if necessary. The helpline is available 24 hours a day, seven days a week. •
Youth Wellness Hub
•
Anti-Bullying Alliance
4.13.3 Preventative Measures The Addressing Bullying in Schools Act (N.I.) 2016, requires schools to focus on preventative measures to help reduce bullying type behaviours. The focus of this section is to set out the approaches taken by our school to help prevent bullying type behaviour effectively. In Methody, we scaffold and promote a positive, relational learning environment where all members of the school community feel safe, included and valued. Our preventative measures help avoid bullying type behaviour and contribute to support plans for pupils. They are evident in all domains of school life and may include, but are not limited to: METHODIST COLLEGE BELFAST
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Whole School SEND, Addressing Bullying, Positive Behaviour, Safeguarding, Pastoral Care, Inclusion & Diversity policies • Visible school ethos e.g. essential agreements, displays, visual cues, celebrations, positive expectations • Positively framed, agreed and communicated Rights, Roles & Responsibilities for all school community members • Peer/Student Leadership Teams (Made to Lead sessions) • Adults modelling self-regulation, inclusive language and positive relationships • Celebration of diversity, equity and inclusion • Parent education e.g. workshops, newsletters, leaflets, Tooled Up information • Shared education projects, events, assemblies, key campaigns e.g antibullying week, Safer Internet Day • Wellbeing assessment data e.g. GL PASS Non-Classroom •
• • • • • • •
Supervision and transition arrangements Buddy strategies Social and extra-curricular opportunities Professional Development/Training (including for non-teaching and supervision staff) Art and other therapeutic approaches Designated safe/quiet/reflective/spaces Structures to facilitate reporting concerns e.g. postboxes etc
Classroom • • • • • •
• • •
Curriculum: PDMU/LLW/RSE Form and House time to promote belonging, connection and positive relationships Cross-curricular activities E-safety and digital citizenship Social Emotional Learning Relevant literature and resourcing exploring related concepts and themes e.g. empathy, inclusion, diversity, problem-solving, relationships, resilience etc. Collaborative Learning/Problem Solving and Conflict Resolution Promotion of Upstanders v Bystanders Agile groupings and seating arrangements
Peer Support • • • •
Student Leadership e.g. student council, Big Sisters club, prefects, house-captains, ambassadors etc Pupils trained and supported by staff regarding roles, responsibilities Peer mentoring programme Pupil led/directed extra-curricular activities
Other offences committed online It is important to note that children and young people under 18 years can be victims of criminal offences outlined below. If these offences are suspected to be committed against a child or young person this will be reported to the police on 101 (999 in an emergency). 4.14 Domestic Abuse The offence of domestic abuse criminalises patterns of physical and/or psychological abuse by a partner, ex-partner, or close family member. It covers behaviour that is physically violent, threatening or intimidating, as well as behaviour that is controlling or coercive or amounts to psychological, emotional, financial, online or technological abuse. Online and technological abuse is where abusers exploit the use of technology, social media, or other online means to control or coerce victims. 14
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4.15 Stalking The offence of stalking occurs when anyone engages in a course of conduct which causes, intends to cause, or ought to know that it will cause another person to suffer fear, alarm or substantial distress, commits the offence of stalking. Stalking can also be carried out online using any type of electronic communication for example the sending of unwanted or malicious emails or text messages, posting messages on social media, creating fake social media profiles. If the behaviours are fixated, obsessive, unwanted and repeated causing, or intending to cause, fear, distress, or anxiety, then it is stalking. It is important to note that children and young people under 18 years can be victims of stalking. 4.16 Threatening or abusive behaviour A person commits the offence by behaving in a threatening or abusive manner, and intends by that behaviour to cause, or the behaviour is likely to cause, another person to suffer fear or alarm. There is a range of behaviours that can be considered as threatening or abusive, which includes online activity such as publishing or threatening to publish personal information or images relating to the victim, using multiple social media accounts, email addresses or phone numbers to contact the victim, creating social media posts or websites containing malicious or personal content relating to the victim, or referencing things which would have meaning only to the victim. 4.17 Harassment The offence of harassment (Protection from Harassment (Northern Ireland) Order 1997) occurs when a person pursues a course of conduct on at least two occasions which amounts to harassment of another and which the perpetrator knows, or ought to know, will cause the victim harassment, including alarming the person or causing them distress. Behaviour can be online as part of a campaign of harassment including frequent, unwanted contact, via telephone calls, text messages, emails or other contact such as via the internet or social networking sites.
4.18 Putting people in fear of violence The offence of putting people in fear of violence (Protection from Harassment (Northern Ireland) Order 1997) is committed when a person’s course of conduct on at least two occasions causes another to fear, on at least two occasions, that violence will be used against them, which includes online activity. 4.19 Malicious communications This offence includes communications sent via social media, text messages or email when a person sends to another person a letter or other article which conveys a message, which is indecent or grossly offensive and the intention is to cause distress or anxiety to the recipient. The content of the communication can be a threat; information which is false and known or believed to be false by the sender; or any other article which is, in whole or part, of an indecent or grossly offensive nature. METHODIST COLLEGE BELFAST
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The Communications Act 2003 also makes it an offence to use public electronic communications networks to send a message or any other matter that is grossly offensive or menacing. 4.20 Hate crime Hate crime is a criminal offence committed against a person usually because of their (perceived) race, religion, sexuality, or disability. Hate crime can take many forms from bullying and name-calling, damage to property, violent attacks and even hate mail. 4.21 Online gaming Online games can be a great way for children and young people to keep busy and stay in touch with friends and family, but it is important that they play safely. Gaming can be a positive thing providing a way for children to relax, socialise, learn new skills, be part of a team. However, it also carries risks: •
Grooming by online predators
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Online bullying
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Violent content extreme violence, warfare, and criminal activity
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Show explicit sexual acts, which may glamourise rape and sexual assault
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Use racist, homophobic, or sexist language, or swearing
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Depict certain groups such as women in a derogatory way
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Gambling
More information on the risks of online gaming and a short video can be found on the NSPCC website. 4.22 Online radicalisation and extremism Children can be exposed to different views and receive information from various sources. Some of these views may be considered radical or extreme. Radicalisation is the process through which a person comes to support or be involved in extremist ideologies. It can result in a person becoming drawn into terrorism and is a form of harm. You can seek advice by: •
Contacting a member of the Safeguarding Team
•
Calling the NSPCC Helpline 0808 800 5000 or email help@nspcc.org
If you think a child or the people around them are involved in radicalisation report your concerns to the police on 101, report it online or phone 999 in an emergency.
5. Further Advice and Information Further Information: DE Circular 2007/1 - Acceptable use of the internet in schools DE Circular 2011/22 - Internet safety
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• • • •
•
•
DE Circular 2013/25 - eSafety guidance DE Circular 2016/27 - Online safety DoH Co-operating to Safeguard Children and Young People in Northern Ireland (2017) - Section 7.2.9 offers advice on Risks of Misuse of Digital Technologies The SWGfl (South West Grid for Learning) ‘360 degree safe’ is an online safety self-assessment tool for use across schools and colleges. The tool is free to use and is intended to help schools strengthen their online safety policy and practice. The tool can be found at https://360safe.org.uk/. Childline – Report Remove - Report Remove helps young people under 18 in the UK to confidentially report sexual images and videos of themselves and remove them from the internet. https://www.childline.org.uk/info-advice/bullying-abuse-safety/online-mobilesafety/report-remove/ Child Exploitation and Online Protection Command (CEOP) ‘thinkuknow’ website https://www.ceopeducation.co.uk/ contains advice and resources for teachers exploring the risks which children and young people are exposed to. CEOP has produced targeted advice and guidance for Key Stages, Resources and guidance for parents/carers, and teachers is also available: https://www.ceopeducation.co.uk/ .
6. Roles and Responsibilities Principal •The Principal has a duty of care for ensuring the safety (including e-safety) of members of the school community, though the day to day responsibility for e-safety will be delegated to the Designated Teacher for Child Protection. •The Principal and the Designated Teacher for Child Protection will be aware of the procedures to be followed in the event of a serious e-safety allegation being made against a member of staff. IT Manager • Ensures that the College’s technical infrastructure is not open to misuse or malicious attack and meets required e-Safety requirements and guidance issued by the Department of Education, both on C2k and legacy equipment. • Ensures that users may only access the networks and devices through properly enforced passwords, which are changed every 120 days. • Regularly monitors the use of the network remote access and email through C2K in order that any misuse is reported. • Ensures that any software/systems are implemented/uploaded in line with school policy. Head of Pastoral Care/Designated Teacher • Takes day to day responsibility for e-safety issues and reviews the College’s e-safety policies / documents with VP Pastoral. METHODIST COLLEGE BELFAST
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• Ensures that all staff and pupils are aware of the procedures that need to be followed in the event of an e-Safety incident taking place. • In conjunction with the Head of ICT and Deputy Heads of Pastoral Care, ensures training and advice for staff and pupils is provided. • Designated Teacher and Deputy Designated Teachers will be trained in e-safety issues and handle concerns related to child protection/safeguarding matters which arise from: •
Sharing of inappropriate personal data
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Access to inappropriate or illegal materials
•
Inappropriate online contact with peers, adults, strangers, or others
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Potential or actual incidents of grooming
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Cyberbullying
Heads of Form • Will investigate and deal with any reports of misuse/attempted misuse of the network or electronic media. • Heads of Form will deal with any reports of cyber-bullying (See Addressing Bullying Type Behaviour Policy). Teachers and support staff Teachers and support staff are responsible for ensuring that: • They have an up to date awareness of e-safety matters and of the current school e-safety policy and practices. • They have read, understood and signed the Staff Acceptable Use Policy (AUP). • They report any suspected misuse or problem to the relevant HoF. • All digital communications with pupils/parents/carers will be on a professional level and only carried out using official school systems. • E-safety issues are embedded in all aspects of the curriculum and other activities. • Pupils understand and follow the e-safety and ICT Acceptable Use Policy for Pupils. • Pupils have a good understanding of research skills and the need to avoid plagiarism and uphold copyright regulations. • They monitor the use of digital technologies, mobile devices, cameras etc, ensuring the suitability of materials to be used in lessons and other school activities (where allowed). 18
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Pupils • Are responsible for using the College’s technology systems in accordance with the ICT Acceptable Use Policy for Pupils – see Appendix 1. • Have a good understanding of research skills and the need to avoid plagiarism and uphold copyright regulations. • Understand the importance of reporting abuse, misuse or access to inappropriate materials and know how to do so. • Will be expected to know and understand policies on the use of mobile devices and digital cameras. They should also know and understand policies on the taking/use of images and on cyberbullying. • Understand the importance of adopting good e-safety practice when using digital technologies out of school and realise that the College’s e-Safety Policy covers their actions out of school, if related to their membership of the school (though the College cannot police the internet when the students are in the care of their parents/carers). Parents/Carers Parents and carers are reminded that they are responsible for their children's online activities outside of school, including the use of all C2k services and College devices. They should also ensure that their child adheres to the age restrictions on social media platforms. Parents/carers play a crucial role in ensuring that their children understand the need to use the internet/mobile devices in an appropriate way. The College undertake to help parents/carers understand these issues through parent/carer’s evenings, email, newsletters, letters, website and information about national/local e-safety campaigns/literature. Parents/carers will be encouraged to support the College in promoting good e-safety practice and to follow guidelines on the appropriate use of: • digital and video images taken at school events. • their children’s personal devices in the College. • use of social media. Professional Development for Teachers Staff will receive e-safety training to help them understand their responsibilities, as outlined in this policy. Training will be offered as follows: • All new staff will receive e-safety information as part of their induction programme, ensuring that they fully understand the school e-safety and Acceptable Use Policy for Pupils. • The Pastoral staff will receive updates through attendance at external training events and by reviewing guidance documents released by relevant organisations. METHODIST COLLEGE BELFAST
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Education of Pupils Whilst regulation and technical solutions are very important, their use must be balanced by educating pupils to take a responsible approach. The education of pupils in e-safety is therefore an essential part of the College’s e-safety provision. Pupils need the help and support of the school to recognise and avoid e-safety risks and build their resilience. E-safety is a focus in all areas of the curriculum and staff will reinforce e-safety messages across the curriculum. The e-safety curriculum is broad, relevant and provides progression, with opportunities for creative activities. Across the school curriculum and as part of a planned e-safety curriculum in ICT classes in Forms 1 and 2, the following will be delivered to pupils: • Key e-safety messages will be reinforced as part of a planned programme of assemblies (e.g. Safer Internet Day). • Pupils will be taught to be critically aware of the materials/content they access on-line and be guided to validate the accuracy of information. • Pupils will be taught to acknowledge the source of information used and to respect copyright when using material accessed on the internet. • Pupils will be helped to understand the need for the ICT Acceptable Use Policy for Pupils and encouraged to adopt safe and responsible use both within and outside school. • In lessons where internet use is pre-planned, pupils will be guided to sites checked as suitable for their use. Education of Parents/Carers and Other Key Stakeholders The College strives to inform parents/carers, Governors, and the broader College community about essential online safety messages through appropriate training providers. Online safety resources and messages are shared with parents and carers via Methody Matters the College website, and social media, where applicable. DE circulars on e-Safety and useful websites are included in Appendix 2.
7. Dealing with breaches of the E-Safety and ICT Acceptable Use Policy for Pupils Breaches of the E-Safety and/or ICT Acceptable Use Policy for Pupils will be dealt with according to the Positive Behaviour Policy, with the response being proportionate to the severity of the misuse. The Vice Principal (Pastoral) will deal with serious incidents of misuse, particularly where cyberbullying is suspected to have taken place. Staff will record Online bullying incidents, following the College’s Addressing Bullying Type Behaviour Policy, to ensure consistency in their investigations, support and sanctions. Pupils should be aware that serious misuse may lead to communication with parents/carers and the imposition of other sanctions. If the offence is criminal in nature, it will be reported to the PSNI. Advice will be sought from CPSS and/or the PSNI.
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8.Use of Social Media The expectations’ regarding safe and responsible use of social media applies to all members of our community. A social networking site is any website which enables its users to create profiles, form relationships and share information with other users. It also includes sites which have instant messaging, online discussion forums, chat-rooms, media posting sites, blogs and any other social space online. It includes but is not limited to, sites such as WhatsApp, Facebook, Snapchat, Instagram, YouTube, TikTok, Twitter (X) and Wikipedia. (Given the ever-changing world of technology it should be noted that this list gives examples only and is not exhaustive).
9. Roles and Responsibilities in relation to Social Media for Pupils All members of our community are advised not to publish specific and detailed private thoughts, concerns, pictures or messages on any social media services, especially content that may be considered threatening, hurtful or defamatory to others or that could damage the reputation of the school or individual within it. The following guidance outlines the roles and responsibilities of all members of our community to engage in social media in a positive, safe, and responsible manner: Staff •
Educate pupils about the potential risks and appropriate behaviour on social media.
•
Staff will not use personal social media accounts to contact pupils, nor should any social media contact requests from pupils be accepted. All members of staff are advised to safeguard themselves and their privacy when using social media sites.
•
Protect Privacy: Ensure that personal and sensitive information about pupils and staff are not shared online.
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Safe and professional behaviour will be outlined for all members of staff (including volunteers) as part of our Staff Code of Conduct and Social Media Policy for Staff.
Parents/Carers •
Monitor and supervise their children's social media activity and ensure they are using it safely and responsibly.
•
Support School Policies and reinforce the school's e-Safety guidance at home.
•
Educate Children about the potential risks and appropriate behaviour on social media.
Pupils •
Follow advice given through the College’s E-Safety Policy, delivery of the preventative curriculum and subject areas. Pupils will be advised to:
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o o o o o o o o o o
Consider the benefits and risks of sharing personal details on social media sites which could identify them and/or their location. Only approve and invite known friends on social media sites and to deny access to others by making profiles private. Not to meet any online friends without a parent/carer or other responsible adult’s permission and only when a trusted adult is present. Use safe passwords and two factor authentication where possible. Use social media sites which are appropriate for their age and abilities. Know how to block and report unwanted communications. Respect others in their use of social media and avoid bullying type behaviour, harassment, or inappropriate behaviour. Protect privacy and do not share personal information or the personal information of others online. Report issues and inform a trusted adult or school staff member if they encounter any problems or inappropriate content on social media. Use social media responsibly and understand the impact of their online actions, using it in a way that reflects positively on themselves and the school.
10. Communication of the E-Safety and AUP Policies Communication with pupils • Parents and carers will be asked to confirm that their child has read the e-Safety guidelines and will adhere to the Acceptable Use Policy for Pupils when completing the Data Consent Forms upon joining the College. • An E–Safety module will be included in Form 1 and Form 2 ICT programme covering both safe school and home use. • E-Safety Policy and ICT Acceptable Use Policy for Pupils will be posted on the school website. • Safe and responsible use of the Internet and technology will be reinforced across the curriculum and subject areas. • Particular attention to e-Safety education will be given where pupils are considered to be vulnerable. Communication with staff It is important that all staff feel confident to use new technologies in teaching and the College’s E– Safety Policy will only be effective if all staff subscribe to its values and methods. • The E–Safety Policy will be provided to all members of staff for consultation. • Staff who manage filtering systems or monitor ICT use will be supervised by the Senior Leadership Team. Communication with parents/carers 22
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• This policy will be made available via the main school website. Links to other policies This policy should be read in conjunction with the other policies of the college, in particular those concerning: -
Safeguarding and Child Protection Policy
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Positive Behaviour Policy
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Addressing Bullying Type Behaviour Policy
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ICT Acceptable Use Policy for Staff and Social Media Policy for Staff
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Remote Learning Policy
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Appendix 1 – ICT Acceptable Use Policy (AUP) for Pupils 1. Introduction The purpose of this document is to ensure that pupils understand the guidelines for acceptable use of ICT Resources and to ensure that staff, pupils and parents/carers can work together to effectively use ICT to enhance the learning experience. In the context of this document ICT refers to computer based systems and any ICT resources related to extra-curricular activities or field trips. It applies to all platforms, including desktops, chromebooks, laptops, tablet devices and mobile phones. Pupils must ensure that their use of the College ICT resources is appropriate at all times. All users are required to comply with school regulations and not to bring the name of the College or themselves into disrepute.
2. The C2K Network and Email All pupils are allocated a C2K personal email account and area for the storage of documents which they are responsible for maintaining. SPAM and unsolicited emails are automatically filtered out so that the recipient does not receive them. Users are notified of these messages and can request their release from the IT Manager by forwarding the notification email on to them. Pupils should be aware that files stored on the C2K network are not private. Staff may review files and communications to ensure that pupils are using the network responsibly. Internet Access All internet access through the College's C2K network is filtered and monitored and can be recalled at any time at the request of the Principal. Any electronic communication containing unacceptable material should not be forwarded or deleted but must be reported to a member of staff or the IT Manager immediately. If a pupil accidentally accesses unacceptable material via the College network, they should report it immediately to their teacher or the IT Manager.
3. The Use of Printers The College uses PaperCut to manage users printing. PaperCut is a print management software that helps schools monitor, control, and their printing.
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All New pupils to the College will be allocated £1 of printer credit once their account is added to Papercut. When this is used up, more money can be added to their Papercut account from the ICT Support Team in K Block via a form located at K8. Each pupil will be allocated a PIN number which should not be given to any other user. Pupils should only use the school printers to produce school-related materials. Pupils should try to reduce the number of items they print in an effort to reduce waste and the use of paper in the College. They should avoid using large areas of block colour or black ink in what they create to minimise the use of printer ink.
4. Computer Access Outside School Hours One computer room, K9, is open for pupil use from 8.00 am until 8.35 am each morning. The study floor and W2, W3 and W5 computer rooms are available for 6th Form use subject to the rooms not being used for timetabled classes. Pupils can access their school e-mail, Google Classroom and a range of other materials, from home through the MySchool portal using their school C2K username and password to access MySchool.
5. Pupil Guidelines on the Use of ICT Resources Pupils are responsible for good behaviour and appropriate use of College ICT resources and are expected to use them in a manner that befits the ethos of the College. Access to any ICT resource is a privilege, not a right. The following guidelines must be followed by pupils: • Pupils must ensure that their use of the College Computer Network is appropriate at all times. • When using ICT resources pupils must not: • Send or display offensive messages or pictures • Send or play offensive sound recordings • Use obscene language either verbally or via an electronic device • Harass, insult or attack others online • All usernames and passwords must be kept private. Pupils should not permit anyone else to access the network using their username or password. No one is permitted to use a computer logged on with another person’s username or trespass in other users’ folders, work or files. • All usernames and passwords must be kept private. Pupils should not permit anyone else to access the network using their username or password. No one is permitted to use a computer logged on with another person’s username or trespass in other users’ folders, work or files. • Pupils will be forced to change their password every 120 days. Passwords must have a minimum of 8 characters and cannot be the same as a previous password. METHODIST COLLEGE BELFAST
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• Pupils need to contact a teaching staff member to get their C2K password unlocked/password reset. • Only open attachments to emails if they come from a known and trusted sender as attachments may contain viruses or other programs that could destroy files or software. • Never try to bypass or hack the security systems of the computer rooms or the computer systems. This includes the bypassing of any website filtering services to access blocked web sites. • Never try to copy computer software from the school computer systems. (This may be theft). • No software of any type should be stored on any removable media for the purpose of installation on any school device without the consent of the IT Manager. • Do not violate copyright laws. • Do not waste ICT resources. • Never bring a mobile phone, iWatch, iPad, MP3 player or any electronic device into an exam room as this could result in disqualification. • Do not use external removable devices for viewing illegal or unacceptable media of any type. • Computer file storage areas and removable storage media of any kind may be reviewed by the IT Manager at any time. • Food and drink are not allowed to be consumed in the computer rooms at any time. • Never tamper with the cables and connections on the workstations • Always report any damage to ICT equipment or computer rooms to a teacher or IT Manager immediately. Pupils must save their work to the school network to ensure that work can be retrieved if required in the event of material being lost or software failure.
6. Advice on the use of iPads and Chromebooks The College currently has iPads for classroom use. The use of tablet devices for research, sharing work and specific applications is set to increase. Pupils must follow this advice when they use the College iPads: • Ensure that they are fully logged off from all applications before they return the iPad. • Remember their use of the iPad can be traced just as a normal school computer. • Do not tamper with any existing settings on the iPad. • If pupils wish to store the work they create, pupils should use their C2K OneDrive account
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• If pupils have been using photographs and/or video, they should delete these from the iPad when their project is complete. • Pupils must not use the iPad camera and sound recording without the permission of their teacher. • If there are specific apps that pupils feel will help their learning, pupils should speak to their teacher or the ICT manager who may be able to purchase them for future use. Advice on the use of College Chromebooks. The College currently has Chromebooks for classroom use. Use of these devices for research, sharing work and specific applications is set to increase. Pupils must follow this advice when they use the College chromebooks. • Never try and configure the Wi-Fi settings on the device as they may need rebuilt again. • Remember their use of the Chromebook can be traced just as a normal school computer. • Do not tamper with any existing settings on the Chromebook. • All work pupils create will be stored in their Google Classroom account unless directed by the teacher to store it elsewhere. • If pupils have been using photographs and/or video, they should delete these from the Chromebook when their project is complete. • Pupils must not use the Chromebook camera and sound recording without the permission of their teacher. • If there are specific apps that pupils feel will help their learning, pupils should speak to their teacher or the ICT manager who may be able to purchase them for future use. • Ensure that they have logged out of the Chromebook before returning it back to the Chromebook trolley.
7. Safe Practice for Online Learning The virtual classroom is an extension of the physical classroom and in just the same way there will be rules, routines and certain actions that pupils must follow in order for the blended approach to have a maximum impact. Both staff and parents/carers should take time with pupils, to share expectations and model positive online behaviour. Please refer to the Remote Learning Policy for further information.
8. Rules and Guidelines for Pupils and Parents/Carers in the online Platforms and Live Streaming All pupils must access online platforms through My School and/or C2K applications and use their C2K email account and password. Pupils must follow the following guidelines: • Pupils must try to follow their normal school timetable during the period of remote learning and establish a routine for their learning, including breaks and time away from the screen.
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• Pupils should attend any live online classes provided by their teachers and maintain the highest standards of behaviours during the sessions. Pupils must be aware, that their actions and behaviours online should follow the same standards as expected in classrooms and in school. • Pupils should engage in all tasks set to the best of their ability and complete work to the deadline set by teachers. • Pupils should seek support if they need it, from teachers, form staff or pastoral staff as they normally would do when physically attending school. • Pupils should use their full name when online and not use inappropriate nicknames, characters or avatars. • It is STRONGLY recommended that pupils should use communal rooms and not bedrooms when they participate from home in a live stream. • Pupils must be dressed appropriately during live streams. Pupils must not record or make screen grabs of online streams. • During a live stream, microphones should be muted until direction is given by the teacher. Pupils must not share private information during a live stream with staff or other pupils. • Parents and carers should inform the school if they do not give their consent for their children to participate in live-stream sessions. • Teachers may exclude pupils from live streams if their behaviour, language or dress is inappropriate.
9. General E-Safety Advice Pupils are not permitted to access social networking sites via the College network. However, the following guidelines are suggested to ensure pupil safety and security when using these websites outside school: • Do not give out or post personal information online • Make sure that social networking account privacy settings are set at “friends only” or “protected”. • Do not accept friend requests from anyone you do not know in person. • Do not post private details such as home address, mobile or home telephone numbers or other personal details. • Never post photographs that have been taken in your bedroom or post photographs of others without their permission. • If you get messages or images which upset you, do not reply. Keep a record and report them to a trusted adult or your network provider and/or use this website https://www.thinkuknow.co.uk/ • Think before you send messages or images – once you send them you cannot control them. Never pass on rude or embarrassing images or messages. • Sexting of images is illegal for both sender and receiver.
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• If someone makes you feel uncomfortable online – report it to a trusted, responsible adult and/or use the thinkuknow.co.uk website. • Respect other people’s privacy as well as your own. • Do not make someone else uncomfortable online. • Do not use a social networking site to bully another pupil including the editing and posting of inappropriate images, messages or comments or any aspects of cyberbullying. Be aware of the legal consequences of your online activities. You are not anonymous online. All deleted material can be retrieved, and correspondence can be sourced through the computer’s IP address. You can be traced online or on your mobile phone. Be careful about what you say, what you upload, what you send, what you store. Requests for further information in relation to ICT in the College should be addressed to: Mr F. Cassidy IT Manager fcassidy664@c2kni.net 02890 205205
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C - Appendix 2 – Legal Frameworks 1. Notes on the legal Framework This section is designed to inform users of potential legal issues relevant to the use of electronic communications. Many young people and indeed some staff use the Internet regularly without being aware that some of the activities they take part in are potentially illegal. Please note that the law around this area is constantly updating due to the rapidly changing nature of the internet. This policy has been drawn up based on UK/NI law, policy, and guidance and is designed to provide a framework for online safety. The list is not exhaustive. Public Order (N.I.) 1987 This Act makes it a criminal offence to stir up hatred or arouse fear. Fear and Hatred both mean fear/hatred of a group of persons defined by reference to religious belief, colour, race, sexual orientation, disability, nationality or ethic or national origins.
Criminal Justice (No2) (N.I.) Order 2004 Commonly referred to as N.I. ‘Hate Crime’ legislation. This empowers courts to impose tougher sentences when an offence is aggravated by hostility based on the victims actual or presumed religion, race, sexual orientation or disability.
Protection of Children (N.I.) Order 1978 It is an offence to take, permit to be taken, make, possess, show, distribute or advertise indecent images of children in Northern Ireland. A child for these purposes is anyone under the age of 18. Viewing an indecent image of a child on your computer means that you have made a digital image. An image of a child also covers pseudo-photographs (digitally collated or otherwise). This can include images taken by and distributed by the child themselves (often referred to as “Sexting”). A person convicted of such an offence may face up to 10 years in prison.
Sexual Offences (N.I.) order 2008 The offence of grooming is committed if you are over 18 and have communicated with a child under 16 at least twice (including by phone or using the Internet). It is an offence to meet them or travel to meet them anywhere in the world with the intention of committing a sexual offence. Causing a child under 16 to watch a sexual act is illegal, including looking at images such as videos, photos or webcams, for your own gratification.
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Obscene Publications Act 1959 and 1964 Publishing an “obscene” article is a criminal offence. Publishing includes electronic transmission
Protection from Harassment (N.I.) Order 1997 Article 3.This legislation can be considered where a person is pursuing a course of conduct which amounts to harassment. This includes alarming a person or causing a person distress. This course of conduct must be on more than one occasion
Communications Act 2003 (section 127) Sending by means of the Internet a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or sending a false message by means of or persistently making use of the Internet for the purpose of causing annoyance, inconvenience or needless anxiety is guilty of an offence liable, on conviction, to imprisonment. This wording is important because an offence is complete as soon as the message has been sent: there is no need to prove any intent or purpose.
Data Protection Act 1998 The Act requires anyone who handles personal information to notify the Information Commissioner’s Office of the type of processing it administers, and must comply with important data protection principles when treating personal data relating to any living individual. The Act also grants individuals rights of access to their personal data, compensation and prevention of processing.
The Computer Misuse Act 1990 (sections 1 - 3) Regardless of an individual’s motivation, the Act makes it a criminal offence to: • gain access to computer files or software without permission (for example using someone else’s password to access files); • gain unauthorised access, as above, in order to commit a further criminal act (such as fraud); or • impair the operation of a computer or program (for example caused by viruses or denial of service attacks).
UK citizens or residents may be extradited to another country if they are suspected of committing any of the above offences.
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Malicious Communications Act 1988 (section 1) This legislation makes it a criminal offence to send an electronic message (email) that conveys indecent, grossly offensive, threatening material or information that is false; or is of an indecent or grossly offensive nature if the purpose was to cause a recipient to suffer distress or anxiety.
Copyright, Design and Patents Act 1988 Copyright is the right to prevent others from copying or using his or her “work” without permission. The material to which copyright may attach (known in the business as “work”) must be the author’s own creation and the result of some skill and judgement. It comes about when an individual expresses an idea in a tangible form. Works such as text, music, sound, film and programs all qualify for copyright protection. The author of the work is usually the copyright owner, but if it was created during the course of employment it belongs to the employer. It is an infringement of copyright to copy all or a substantial part of anyone’s work without obtaining the author’s permission. Usually a licence associated with the work will allow a user to copy or use it for limited purposes. It is advisable always to read the terms of a licence before you copy or use someone else’s material. It is also illegal to adapt or use software without a licence or in ways prohibited by the terms of the software licence. Regulation of Investigatory Powers Act 2000 The Regulation of Investigatory Powers Act 2000 (RIPA) regulates the interception of communications and makes it an offence to intercept or monitor communications without the consent of the parties involved in the communication. The RIPA was enacted to comply with the Human Rights Act 1998. The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, however, permit a degree of monitoring and record keeping, for example, to ensure communications are relevant to school activity or to investigate or detect unauthorised use of the network. Nevertheless, any monitoring is subject to informed consent, which means steps must have been taken to ensure that everyone who may use the system is informed that communications may be monitored. Covert monitoring without informing users that surveillance is taking place risks breaching data protection and privacy legislation. Criminal Justice and Immigration Act 2008 Sec 62-68 Includes the Coroners and Justice Act. It is an offence to possess a drawing or painting which depicts a child in an indecent pose or participating in an indecent act. Section 63 offence to possess “extreme pornographic image” 63 (6) must be “grossly offensive, disgusting or otherwise obscene” 63 (7) this includes images of “threats to a person life or injury to anus, breasts or genitals, sexual acts with a corpse or animal whether alive or dead” must also be “explicit and realistic”. Penalties can be up to 3 years’ imprisonment. 32
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Education and Inspections Act 2006 Education and Inspections Act 2006 outlines legal powers for schools which relate to Cyberbullying/Bullying: • Principals have the power “to such an extent as is reasonable” to regulate the conduct of pupils off site. • School staff are able to confiscate items such as mobile phones etc when they are being used to cause a disturbance in class or otherwise contravene the school behaviour/anti bullying policy.
DENI Circular 2016 / 27 – Online Safety (Issued 1/12/16) : https://www.educationni.gov.uk/sites/default/files/publications/education/DE%20Circular%202016.27%20Online%20Safety. pdf
Additional Legal Frameworks • • • •
UN Convention on the Rights of the Child 1989 The Children (NI) Order 1995
Safeguarding Board Northern Ireland Act 2011
Cooperating to safeguard children and young people in Northern Ireland (Department of Health)
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Regional core child protection policies and procedures for Northern Ireland (Safeguarding Board for Northern Ireland)
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Understanding the needs of children in Northern Ireland (UNOCINI) guidance (Department of Health)
• • • • • • •
Children and Young People’s Strategy 2020-2030 (Department of Education, 2021) Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 Criminal Law Act (Northern Ireland) 1967 Crime and Disorder Act 1998 Section 75 NI Act 1998
Human Rights Act 1998
Every Child Matters 2003
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