Drivers and passenger assistants area

Explanation of terms used

Client: North Northamptonshire Council
DBS: Disclosure and Barring Service. This service checks a person’s criminal record database.
GDPR: General Data Protection Regulation. Rules governing the use and sharing of personal information.
Immediate Risk: This is when it is likely that a child or vulnerable adult is in danger and they need urgent help. An example of this is when an unauthorised adult is trying to remove a child from the vehicle.
NNC: North Northamptonshire Council
Operator: Firm or business that has been contracted by the NNC to provide transport services.
SEND: Special Educational Needs & Disabilities
Service User: Child or vulnerable adult who needs transport to an education facility or other destination. PA Passenger Assistant - person who supervises and supports service users during transport and assists the driver in the safe operation of the contract.
LADO: Local Authority Designated Officer. This is the team that will review any safeguarding referrals and may investigate any individual who has been reported for possible safeguarding concerns.
Staff: Where the term staff is used this means both drivers and PA’s

Introduction

This code of conduct is issued by NNC and sets out the minimum service standards that we expect in the operation of our Home to School contracts and has been drawn up to help drivers and PA’s carry out their duties effectively and safely. Whilst some sections of this document apply only to drivers, it is expected that all staff are aware of these responsibilities.

NNC understands that some operators will issue their own minimum service agreements or codes of conduct. Nothing in this code of conduct is intended to over-rule any existing code that a driver or PA may have been given by their operator. Instead, it is intended to supplement and compliment any existing code.

If at any time a driver or PA is unsure as to what action to take they should refer, in the first instance, to their operator who will seek further guidance from NNC where necessary.

Terms

North Northants Council (NNC) has a legal responsibility for the safe transport of children and vulnerable adults. Transport is carried out by using local, private operators in appropriate vehicles.

UK Law governs the responsibilities that NNC have, particularly those of the safeguarding of children and vulnerable adults. NNC has various powers that it can use in order to meet its obligations.

We expect all staff working on an NNC Home to School contract to conduct themselves in a manner that any reasonable person would expect. This includes:

• driving any vehicle with due consideration to all service users, other road users and in accordance with current UK law
• a kind, caring and considerate approach to those in their care
• a professional attitude at all times

GDPR

GDPR regulations mean that any company or organisation who has personal information about a person must make sure it is held securely and must not be shared with anyone who does not need it.

NNC may require operators to supply it with information that is necessary and relevant. This information will fall under GDPR regulations. NNC will only record information that it requires and will only retain this information for as long as is necessary. If NNC requires access to more detailed information from an operator it will, where necessary, ask for written authorisation from the data owner i.e. the driver or PA.

Vehicles

Vehicles used on an NNC Home to School transport contract are either owned by the operator or by the driver. It is the responsibility of both the owner and the driver to ensure that the vehicle not only meets minimum legal standards but also the standards that NNC expect.

Any vehicle used for home to school transport contracts must comply with all relevant legislation and:

1. Be in a fit and serviceable condition.
2. Have effective air conditioning (if fitted), heating, lighting and ventilation.
3. Have exterior paintwork and interior seats and fittings in good condition.
4. Be clean at the start of each day and be maintained to a reasonable level of cleanliness during the hours of operation.
5. Be fitted with passenger doors with child locks which cannot be opened by passengers and which must be closed whilst the vehicle is in motion. NNC knows that in some vehicles the front passenger seat will not have a child lock. Therefore in these instances a relevant risk assessment will need to be carried out before this seat can be used by a passenger.
6. Be equipped with a suitable first aid kit, fire extinguisher and means of communication.
7. No vehicle should be refueled during a contracted journey. The driver should plan ahead to make sure there is sufficient fuel to complete the contracted journey.
8. Not be left unattended, with the engine running, or with passengers on board.
9. Wheelchairs must be transported according to the wheelchair manufacturer’s transport instructions which usually specify forward facing. Wheelchairs should never be fitted sideways.
10. Be fitted, where needed, with safety harnesses secured to the vehicle. Any harnesses required on the transport must be in a presentable and clean condition for each journey.
11. Fitted with additional steps and grab handles to all passenger door entrances to give the lowest possible step height to assist boarding (vehicles over 8 passenger seats).
12. Where fitted, CCTV should not be used during period of service of a home to school transport contract unless expressly authorised, in writing, by the Compliance Team at NNC.
13. Details of any vehicle breakdown and the arrangements for changes to the journey should be notified immediately to NNC, who will be able to give verbal agreement to the arrangements and inform the parties affected. This must also be followed up with an email to confirm what has happened.
14. If the breakdown occurs outside of office hours or the operator is unable to contact the office, an e-mail should be sent as soon as possible to advise what has happened and what has been put in place to cover this.
15. Must be fitted with working reversing alarms (this only relates to PSV coaches or buses).

Service Delivery

• In the event of any delay e.g. due to vehicle breakdown or accident, passengers should not be allowed to make their own way on foot
• Services must run on time at the start of each journey - late running is only acceptable as a result of events outside the driver’s control
• In the event of a vehicle breakdown or accident the driver or PA must instruct passengers to remain in the vehicle whilst contact is made with the operator to arrange a replacement vehicle (so long as it is safe to keep the passengers in the vehicle) - if they are on a motorway or similar highway they should notify the police immediately
• If it is unsafe for passengers to remain in the vehicle, staff must make sure that passengers are kept together (in one group) in a safe place off the road - if the driver is unable to contact the operator, they must notify NNC
• At no time should a passenger be restrained to prevent them from leaving the area if they decide to do so - the operator and NNC must be advised of this as soon as possible and, where possible, the driver should take note of those passengers that have left the scene
• If safe to do so the driver or PA should follow a child who has absconded from the vehicle - this is only to keep them in view so that their location is known - the child should only be followed if there are no other children in the vehicle - if in doubt, the driver or PA must seek further guidance from their operator or NNC - at no point should a child be restrained
• If a service user has voluntarily left the vehicle and the driver or PA consider that there is an immediate risk to their safety they should call 999 immediately
• Drivers and PA’s must be aware of any special requirements of the service user which will be specified within the journey information
• Drivers must advise the Operator, as soon as possible, of any non-pick-ups - this will enable NNC to investigate with the individual concerned to ensure that there are no problems

In an emergency, NNC home to school transport can be contacted on 01536 805 122.

Responsibilities of the driver and PA

The following are the responsibilities of the driver. Many of these responsibilities are also relevant to the PA. For the purposes of this section, drivers and PA’s are referred to as “staff”:

1. Staff are familiar with the timetable and route of their journey. These details must be kept secure and confidential.
2. Drivers hold a valid, full UK driving licence and have undertaken relevant training and qualifications for the type of vehicle being driven.
3. NNC policy is that there is a minimum of a 3 minute waiting time at each pick up address. This waiting time starts from the contracted pick up time or the time of arrival, whichever is later. If the vehicle arrives earlier than the contracted pick up time, the waiting period does not start until the contacted pick up time. The vehicle should not depart from the pick up address until either the child is on-board or the waiting time has expired.
4. All the passengers must wear seat belts, or specified restraints, at all times. NNC understand that private hire drivers are exempt under UK law from wearing seat belts. However, to reassure parents and passengers, NNC require drivers to wear their seat belts.
5. The scheduled route must not be deviated from unless in an emergency.
6. Staff must be able to communicate with passengers in English.
7. If communication is a problem, because of language difficulties, staff should inform the Operator who can discuss this further with NNC.
8. When communicating with passengers, staff must ensure that this is appropriate. There must be no use of inappropriate language. Only use the passenger’s preferred name.
9. Staff are clean and smartly dressed and display a current identity badge.
10. Staff do not smoke, eat or drink whilst on journeys. They must not smoke - including e-cigarettes - in front of passengers at any time including in the vehicle, on school premises or outside of the school premises.
11. Staff are courteous to passengers, are aware of the needs of the passengers and ensure all are treated fairly and respectfully.
12. Staff are contactable during the hours of operation, having regard for the law governing the safe use of mobile communication equipment whilst driving. Drivers must never use a mobile device whilst in control of the vehicle. The current laws and regulations regarding use of mobile devices are extensive and change from time to time. Staff have a responsibility to make sure they understand current laws and abide by them.
13. Staff must report any significant incidents concerning passengers to the Operator, as soon as they arise. Afterwards they must complete a written report of any incident required by NNC. This includes any pick-ups that have not taken place. Further examples of these might include passengers behaviour, passenger welfare concerns, accidents and near misses.
14. Staff must not be related to any of the passengers.
15. When the vehicle is parked or waiting it does not cause obstruction to the public and other vehicles.
16. The driver must ensure that the engine of the vehicle is switched off until it is ready for departure.
17. Staff must be aware of safeguarding and report any concerns to the operator, NNC and the school immediately.
18. No passengers must be allowed to sit in the front of the vehicle unless capacity of the vehicle is to its maximum and that this has been agreed by NNC and that the parent’s agreement has been obtained.
19. Staff must not maintain any contact with any passengers outside of the Contract or ask for any personal contact details. Even if a parent gives permission, no personal contact details of any child can be held by a driver or PA.
20. Staff must never make contact with any service user on social media. Any “friend” requests must be declined. No friend requests can be made by the driver.
21. Staff must ensure that all passengers being carried are authorised by the Client only. No other people may be carried.
22. If staff thinks a passenger is unfit to travel, e.g. if the emotional, behavioural or physical condition makes it unsafe for them to travel, they have a right to refuse travel. However, they must tell the Operator immediately who can get further advice from NNC.
23. Where needed, staff must ensure that the passenger is handed over to the assigned contact at the pick up or destination point.
24. Where included in the individual journey requirements, staff must text the relevant contact number on arrival at the pick-up or drop off points.
25. When required, staff will attend training courses provided by NNC.
26. Staff must ensure that any of their personal property, including medication, is locked away and cannot be accessed by the passengers.
27. Staff must not engage in any activity that they know will put the service user at risk of harm. It is not possible to list all of the activities that any person should avoid when dealing with children. NNC, therefore, expects staff to also use good sense and avoid any activity that they know to be wrong, dangerous or illegal.
28. If in any doubt about what to do in any situation, staff should ask for guidance from either the Operator or the council.

Responsibilities of the Passenger Assistant

The role of the Passenger Assistant includes:

• Act as a point of contact between school and parents
• Assisting passengers to get on and off the vehicle
• Assisting drivers with the securing of wheelchairs and baggage before a journey begins
• Support passengers throughout the journey
• Communicate effectively with passengers and be able to identify when passengers are in distress
• Interact safely and appropriately with them on an individual basis
• Accompanying passengers after their journey, where necessary
• Manage behaviours
• Comply with on-site instructions from the school
• To act in accordance with Health and Safety Legislation and any policies put in place by the school or operator
• Keeping the vehicle tidy between journeys
• Ensure you follow good safeguarding practice to keep yourself and the passengers safe

During the journey:

• Communicate effectively with the passengers and be able to identify when they are in distress and how to interact safely and appropriately with them on an individual basis
• Address behaviour issues on transport effectively and appropriately
• Speak to parents and schools to find out how to deal with issues that arise on transport
• Assist passengers onto and off transport
• Ensure that passengers are seated, and seat belt fastened prior to the vehicle moving
• Interact appropriately with the passengers throughout the journey to make sure that they are occupied - the PA is key to ensuring that the passenger has a good start and end to the school day
• Be seated in the passenger area of the vehicle - never sit in the front passenger seat when service users are on board
• Passengers are not to be left on the vehicle alone at any time during the journey - this includes when picking up other passengers
• Remember, unless otherwise agreed, do not go to the front door of the pick up address - parents are expected to bring the children to the vehicle - the standard service to be provided is “kerb to kerb” not “door to door”
• In exceptional circumstances we may agree to a variation of service requirements - this will have been agreed before any contract starts
• Any information passed to you from parents should be passed onto the school
• Keep parents up to date with any changes to transport arrangements - especially in an emergency
• Ensure safe handover of pupil to school or parent

After the journey:

• Report any incidents to the school, parent and operator
• Check for lost property

What to do in the event of an accident or emergency

Our priority is the safety of any passengers as well as the driver and PA.

Perform a “dynamic risk assessment”. This is an immediate assessment of the risks to the passengers, driver, PA and other road users:

• Pull over to the safest place you can and switch on hazard lights
• Call 999 if:
  1. There has been any sort of collision with another road user.
  2. Any person needs medical attention.
  3. The vehicle is causing an obstruction.
  4. Any other situation that would reasonably need emergency services assistance.
  Tell emergency services that vulnerable children are on board
• Make sure passenger(s) and staff are at no further risk
• If it is not safe for passengers to remain in the vehicle they need to be removed from the vehicle - only do this on the nearside of the road and remove them to a safe place as far away from other traffic as possible
• In the event of a breakdown advise your operator who will ask the School Transport Team for assistance if needed
• Do not attempt even simple repairs, wait for help to ensure the safety of yourself and all other passengers

In Hazardous Weather

• Do not continue to operate the route if bad weather is making it too dangerous to continue - your operator will be involved in making this decision so always refer to them
• In the event of hazardous weather, follow emergency procedures and summon help - seek guidance from the operator or NNC

Do not proceed with transport if you feel the weather conditions mean the risk is too great.

Disclosure and Barring Service

NNC has a responsibility, under UK law, to protect the safety of any child or vulnerable adult in it’s care. Therefore, NNC is entitled to have sight of (and record) relevant and necessary information in line with current GDPR and DBS regulations. It is the operator’s responsibility to carry out DBS checks on their drivers and PA’s in accordance with NNC requirements below:

• All staff must have a valid enhanced disclosure and barred list (DBS) check undertaken - this check must be a Child and Adult Workforce category
• If a DBS check shows criminal convictions or a list barring the operator must refer this to NNC for further guidance. Until authorised by NNC no driver or PA can work on an NNC contract
• NNC refers to the guidelines and policies of the Institute of Licensing when reviewing any convictions
• All DBS checks must not be older than 3 years unless the driver or PA has subscribed to the DBS update service
• NNC will require sight of the original DBS certificate and will record, for audit purposes, the certificate number and issue date of the DBS certificate - NNC will also check that the driver or PA has no convictions which would mean they cannot work with children or vulnerable adults
• NNC may require written authorisation from the driver or PA if it feels that further investigation into convictions are required and may need to retain and record further detailed information
• Where the Operator has recently employed a driver or PA who has a valid DBS check which is less than 3 years old, the Operator must seek permission from NNC to be able to deploy that individual on a contract whilst they arrange their own check - this is known as a “grace” period and lasts for a maximum of 6 weeks

More information regarding the DBS service can be found here: Disclosure and Barring Service - GOV.UK

Safeguarding

NNC requires all drivers and PA’s to undertake mandatory online safeguarding training through Spectrum Courses.

NNC is committed to promoting the safety of all of its service users. This is also the responsibility of all operators, drivers and passenger assistants. Staff should follow these guidelines:

• Remain calm in any situation - do not shout or become aggressive even if the passenger is being aggressive themselves
• Remember - some passengers have learning needs and may display aggression because they are frightened or anxious - NNC and operators will usually know if this is likely to happen at the start of the contract
• Listen and note down anything which could indicate abuse - report it at the earliest opportunity
• Never promise to keep a secret
• Never offer to “fix” a problem
• Always take what the service user says seriously
• If the service user tells you something important say that you will have to report it and contact the operator for further guidance
• Never ask leading questions or give service users responses to choose from - this could hinder any subsequent investigation
• Seek advice via your Operator, even if you are unsure - other people may have the full picture
• Be aware of how your actions may look. If you are in any doubt about how your actions may appear to others, don’t do it
• Never cover up your actions - seek advice if you feel that something that you have done or said could be misunderstood as inappropriate
• If you think there is an immediate risk to a service user’s safety you should call 999 and ask for the police - then contact the operator and provide them with a full report

Remember: There is a legal obligation on any adult (who is responsible for the care of a child or vulnerable person) to report anything that may cause them harm or is placing them at risk.

Service user protection

SEND needs

It must be understood by all staff that many of the children that are transported will live with SEND. Below is an example list of some of the ways in which a child’s SEND needs can affect their travel experience. A child may:

• become suddenly upset during a journey - this is known as dysregulation
• not be able to easily communicate their immediate needs, for example if they are frightened or in pain
• be non-verbal - this means they cannot speak but may communicate in a different way
• display aggression or use aggressive or “bad” language
• try to get out of their seat or restraint
• try to remove their clothes

It is the staff’s responsibility to look after a child in their care in an appropriate manner. If a child displays behaviour that either poses a danger or is causing any concern the staff should make contact with the operator or NNC for further guidance.

Staff must familiarise themselves with the child needs, which will have been provided to the operator at the start of the contract, as well as any travel plan or travel passport that has been provided by the parents and carers (or sometimes the school).

Abuse

From time-to-time service users need protection from those who are supposed to care for them. If a service user tells you that somebody has done something to them or you have any reason to believe that something has happened then you are legally obliged to report it. It is always better to be safe than sorry. NNC can only take action if it knows that abuse has taken place.

Type of abuse with examples:

• Physical - slapping, shaking, pushing, kicking
• Sexual - forcing or coercing a child or vulnerable adult to engage in any sexual activity
• Emotional - threats, bullying, intimidation, verbal abuse
• Neglect - ignoring care needs, withholding food and drink or living aids
• Financial - denying access to their money
• Discriminatory - remarks or actions about their age, race, sex, disability or religion
• Domestic - violence within the home
• Professional - misuse of power by professionals
• Institutional - failure of an organisation to provide care 

This list is not exhaustive - there are many forms of abuse.

Staff must also be aware of both violent and non-violent extremism which can be linked to terrorism. Any concerns of this nature must be reported immediately to the operator, NNC and the school.

Any information can be reported to NNC at [email protected].

Do’s and Don’ts - all staff

The following is a list of do’s and don’ts that we expect staff to adhere to. No list can be exhaustive and we expect staff to adopt a common sense approach. Just because something is not on these lists doesn’t mean is should or shouldn’t be done.

Do’s

Always follow a child’s travel plan or travel passport if one has been provided.
Do dress appropriately - remember you are working with children.
Do cover up any tattoos that may cause offence or fear
Do keep to the agreed timetable and route
Do call the service users by their preferred names and not by overly familiar words. If you are in any doubt as to how to pronounce a child’s name, politely ask the parent or carer. Do record and report all incidents without delay.
Do report any concerns about a service user’s behaviour.
Do promptly record and report any concerns if any of your service users show any signs of abuse (see “Service user protection”)

Don’ts

Don’t change the route unless it is genuinely unavoidable.
Never deviate from the route if asked to do so by a service user.
Never engage in conversations of an intimate nature. NNC encourage appropriate conversations with the passengers as this can help develop trust and helps provide a calm atmosphere but make sure any conversation is appropriate.
Don’t use any mobile device, in any way, whilst in control of the vehicle. Familiarise yourself with current laws and regulations and abide by them.
Don’t use foul language.
Never wear any item of clothing that contains offensive or frightening material.
Don’t make unnecessary physical contact.
Don’t make threats of any kind - even in a joking manner. SEND children sometimes cannot understand the difference between a joke and a real threat.
Don’t exchange personal telephone numbers with service users, even if a parent has given permission. If you exchange your phone number with a parent or carer this should only be for professional reasons e.g. so that they can contact you in the event that the service user will not need picking up on a particular day.
Don’t phone or text service users.
Never take pictures or videos of service users or show them videos, texts or pictures from any device.
Don’t enter into any contact via social media e.g. Facebook, Instagram etc.
Never offer money, sweets or other gifts
Never accept gifts of any nature from a service user
Don’t smoke or vape (either inside or outside of the vehicle)
Don’t make any unscheduled stops unless in an emergency.

Disciplinary action

It is acknowledged that drivers and PA’s who work on NNC Home to School transport contracts are not directly employed by NNC. However, NNC will use a formal process to investigate any alleged breach of these terms and conditions and take any appropriate action.

If NNC are advised of any alleged breach of this code of conduct the following process will be undertaken:

• NNC will receive information regarding an alleged breach of this code of conduct or will have obtained its own information as a result of a monitoring visit or operator audit
• The driver or PA may be suspended from Home to School contract duties, whilst the matter is investigated - this is to protect the children on the transport from any immediate risk and is not an indication that NNC has pre-determined the outcome of the investigative process - this suspension also protects the driver or PA from further allegations
• Any and all available information will be collated by NNC - this information could be received from:
  - Children on the transport
  - Parents
  - Schools
  - Operators
  - Social services
  - Members of the public
  - NNC licensing authority
  - Police
  - From an NNC school monitoring visit
• NNC will request a written statement from both the Operator and the driver or PA concerned
• NNC will review all of the information that it has received - following this review a decision will be made regarding what action is to be taken - actions could be:
  - No further action - allegation is found to be untrue, could not be proven or there is a lack of information
  - Operator is instructed to move Driver or PA to a different contract, if this is possible
  - Driver or PA is suspended from Home to School contract duties for a specified period of time
  - Driver or PA is permanently removed from the authorised list of Home to School contract drivers or PA’s - this will mean they are no longer authorised to work on any NNC home to school contract with any operator

Any driver who is suspended from duties or is removed from the authorised list may continue to carry out general private hire work. However, under certain circumstances, it may be necessary to report the driver to NNC’s licensing authority who are separate to the Home to School team and will make decisions regarding a driver’s license after their own investigation.

The following example offences (where proven) would mean the immediate removal from the authorised list:

• Speeding - It is now very common for parents to track their children, using their mobile devices - whilst it is acknowledged that mobile applications (such as Life 360) are not 100% accurate, where the difference in the reported speed and the road speed limit is sufficiently large we may use this application data as part of our investigation - this could also mean we ask for tracking information from the operator’s own system
• Use of a mobile device whilst operating the vehicle
• Using inappropriate language either to or in front of a child passenger
• Displaying physical or verbal aggression to a child passenger

It should be understood and acknowledged by operators, drivers and PA’s that service users may use their mobile devices to record what is happening during a journey. NNC does not authorise the use of mobile devices for recording purposes but accept that in day to day circumstances this may happen and is difficult to completely prevent.

Occasionally, parents will provide us with video evidence of an alleged issue or occurrence. NNC will review any information sent to us as part of our investigative process and decide if this information is relevant and proportionate and should be used in our decision making process.

Appeals

A driver or PA may appeal a decision made by our Transport Inspectors. Any appeal must be made, in writing, by emailing: [email protected].

Appeals must be made within 7 working days of the original decision.

The decision will be reviewed by the Compliance Team Leader or Transport Delivery Manager. More information may be requested from the driver or PA.

Any decision after an appeal is final.

LADO referrals

On rare occasions, it may be necessary for NNC to refer a driver or PA to LADO (Local Authority Designated Officer).

LADO are responsible for investigating an individual whose conduct or behaviour has caused a serious safeguarding concern. The LADO officers will look at the information that has been obtained and will make a decision if any further action is necessary.

In the most serious of cases, this could mean that a report is made to the Police for further investigation.