Contents
1. Objectives 1.1 Consequence of breaching the code of conduct |
2. Responsibilities 2.1 Skills & Post-16 Education Act 2022 2.2 Application of the code of conduct |
3. Malpractice and maladministration 3.1 How we define malpractice 3.2 How we define maladministration |
4. Making professional judgments 4.1 Powers and positions of Trust and Authority |
5. Confidentiality |
6. Standards of Behaviour 6.1 Dress and Appearance 6.2 Gifts and Rewards 6.3 Infatuation and Crushes 6.4 Inappropriate or Abusive Images 6.4.1 Exposure to inappropriate images |
7. Private platform fair usage policy |
8. Private platform lesson cancellation policy |
9. Communication with students (including the use of technologies) |
10. Use of technology for online/virtual tutoring |
11. Quality assurance and reviews 11.1 Lesson observations 11.2 Review frequency |
1. Objectives
MyTutorWeb Ltd (MTW) is an online platform offering life-changing tuition for all. One of our key objectives is to consistently ensure that lessons can take place in a safe, online environment.
MTW are committed to providing the highest possible standard of personal safety, well-being and safeguarding for each student and tutor using MTW.
It is recognised that the vast majority of adults who work with students act professionally and aim to provide a safe and supportive environment which secures the well-being and very best outcomes for the student. Achieving these aims is not always straightforward, as much relies on the interactions between students and tutors, where tensions and misunderstandings can occur. This policy aims to reduce the risk of these misunderstandings by outlining a code of conduct for both the student and tutor to adhere to, which is in line with the Guidance for Safer Working Practice (2022), issued by the Safer Recruitment Consortium, in conjunction with the Department for Education (DfE).
The underpinning principles for safer working practices are:
The safety and welfare of the student are paramount
Tutors understand their responsibilities to safeguard and promote the welfare of students. These include:
To read and understand the statutory guidance ‘Keeping Children Safe in Education' (including any updates issued by MyTutor);
To be aware of signs that a student might be experiencing potential harm (a list of these signs can be found within MyTutor's Safeguarding Policy);
The legal responsibility to raise a concern when they think the student is at risk of harm, regardless of the level of severity;
To make sure that the student feels safe and comfortable during all lessons;
To keep a professional relationship with a student at all times and
To read and understand the ‘Sexual Offences Act 2003’
Tutors are responsible for their own actions and behaviour and should avoid any contact which would lead any reasonable person to question their motivation and intentions
Tutors will work, and be seen to work, in an open and transparent way
Tutors acknowledge that deliberately invented/malicious allegations are extremely rare and that all concerns should be reported and recorded
Tutors will discuss and/or take advice promptly from the MyTutor team if they have acted in a way which may give rise to concern
Tutors will apply the same professional standards regardless of culture, disability, gender, language, racial origin, religious belief and sexual orientation
Tutors will not consume or be under the influence of alcohol or any substance, including prescribed medication, which may affect their ability to deliver tutoring to students
Tutors will be made aware that breaches of the law and other professional guidelines could result in disciplinary action being taken against them, criminal action and/or other proceedings, including being barred by the Disclosure & Barring Service (DBS) from working in regulated activity, or for acts of serious misconduct, prohibition from teaching/tutoring by the Teaching Regulation Agency for those with NQTS/QTS
The MyTutor Management Team will continually monitor and review safer working practices to make sure this policy is followed, and as an organisation, we continue to be compliant
Tutors will be provided with a copy of the MTW Safeguarding Policy and Procedures, which should be read in conjunction with this policy.
1.1 Consequence of breaching the code of conduct
We have processes to identify breaches of this code of conduct, and where possible, we try to offer constructive guidance to tutors who cause these. However, repeated breaches or breaches of a significant nature will lead to certain consequences. We’ve outlined some of these below, but it’s not an exhaustive list:
We may amend your priority status which could affect the opportunities you receive
We may stop you from receiving opportunities entirely
We may suspend or close your account
2. Responsibilities
Safeguarding and promoting the welfare of students and young people is defined as:
Protecting children from maltreatment
Preventing impairment of children’s mental and physical health or development
Ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and
Taking action to enable all children to have the best outcomes
(Keeping Children Safe in Education, DfE, September 2023)
All tutors have a responsibility to keep students safe and to protect them from abuse (sexual, physical and emotional) and neglect. Students have the right to be safe and to be treated with respect and dignity. Tutors are expected to take reasonable steps to ensure their safety and well-being. Failure to do so may be regarded as professional misconduct.
The safeguarding culture of MyTutor is, in part, exercised through the development of respectful, caring and professional relationships between tutors and students and behaviour by the tutor that demonstrates integrity, maturity and good judgement.
Tutors should understand and acknowledge the responsibilities and trust involved in their role, and be able to demonstrate safe working practices.
This means that tutors should:
Understand the responsibilities which are part of their role, and be aware that sanctions will be applied if these responsibilities are breached
Understand how to raise a concern about a student and who to report this to
Always act, and be seen to act, in the student’s best interests
Avoid any conduct which would lead any reasonable person to question their motivation and intentions
Take responsibility for their own actions and behaviour
Be aware of the welfare of the student during the lesson
Take responsibility of the student’s progression
Deliver lessons in a way that will engage the student for the duration of the session
Always stay up to date with the latest safeguarding guidance
This means that MTW should:
Promote a culture of openness and support
Ensure that systems are in place for concerns to be raised
Ensure that tutors are not placed in situations which render them particularly vulnerable
Ensure that all tutors are aware of expectations, policies and procedures
Ensure that all updates and/ or changes to safeguarding guidance is communicated clearly to tutors
2.1 Skills & Post-16 Education Act 2022
The Skills & Post-16 Education Act prohibits the completion of assignments on behalf of students. Under this law, certain“cheating services”, otherwise known as “essay mills”, are illegal. If MyTutor discovers or suspects that any tutor is using any part of our platform to provide services which are prohibited by the Skills & Post-16 Education Act 2022, then we may take action against that tutor. This may result in, but is not limited to, removal from our tutoring platforms.
2.2 Application of the code of conduct
This code of conduct applies to all tutors working on our platforms, both with schools and the private side.
3. Malpractice & maladministration
At MyTutor we categorise Malpractice & Maladministration in terms of misconduct & gross misconduct.
3.1 How we define Malpractice
Malpractice is defined as any activity or practice which deliberately is against regulations and compromises the integrity of the business. For the purpose of this policy this term also covers misconduct.
The categories listed below are examples of potential malpractice. Please note that this is not an exhaustive list.
Minor breaches of our policies;
Minor breaches of your contract of employment;
Poor timekeeping;
Time wasting;
Deliberate misuse of our logo;
Unintended damage to our property;
Or negligence in the performance of your duties
3.2 How we define Maladministration
Maladministration is defined as any activity or practice, which results in non-compliance with regulations. An example of this could be breaches of KCSIE (Keeping Children Safe in Education) or the Sexual Offences Act 2003. Anybody identifying cases of maladministration should report them to our compliance manager.
We are obliged to investigate all cases of maladministration in liaison with the parties concerned. If an investigation results in evidence of maladministration we will need to impose the appropriate sanction.
4. Making professional judgments
Whilst this document cannot provide a complete checklist of what is, or is not, appropriate behaviour for tutors, it does highlight behaviour which is illegal, inappropriate or inadvisable. Individuals are expected to make judgments about their behaviour in order to secure the best interests and welfare of the student in their charge, and, in so doing, will be seen to be acting reasonably. These judgements should always be recorded and shared with MTW.
Tutors should always consider whether their actions are warranted, proportionate, safe and applied equitably.
This means that where no specific guidance exists, tutors should:
Discuss the circumstances that informed their action, or their proposed action, with the Designated Safeguarding Lead (DSL) or Deputy DSL. You can do so, by emailing support@mytutor.co.uk to outline your concern, and this will be passed directly to the safeguarding team. This will help to ensure the safest practices are employed and reduce the risk of actions being misinterpreted.
Always discuss any misunderstanding, accidents or threats with the DSL (or Deputy) at MTW
Always record discussions and actions taken with justifications
Record any areas of disagreement in case the matter needs to be raised at a higher level
4.1 Power and Positions of Trust and Authority
As a result of their knowledge, position and/or authority invested in their role, tutors are in a position of trust in relation to students requesting tuition.
The relationship between a person working with a student or young person is one in which the adult has a position of power or influence. It is vital for tutors to understand this power; that the relationship cannot be one between equals and the responsibility they must exercise as a consequence.
The potential exploitation and harm of vulnerable students means that tutors have a responsibility to ensure that an unequal balance of power is not used for personal advantage or gratification.
Tutors should always maintain appropriate professional boundaries, avoid behaviour which could be misinterpreted by others and report and record such an incident.
Where a person aged 18 or over is in a position of trust with a student under the age of 18, it is an offence for that person to engage in sexual activity with or in the presence of that student, or to cause or incite that student to engage in or watch sexual activity (Sexual Offences Act, 2003).
Additionally, tutors must avoid any sexual innuendos and flirting. Tutors are also responsible for letting MTW know if they feel someone is flirting with them, as this is against our safeguarding policy. All lessons should be conducted in a professional manner, and students are expected to behave professionally as well.
This means that tutors should NOT:
Use their position to gain access to information for their own advantage and/or the student’s or family’s detriment
Use their power to intimidate, threaten, coerce or undermine students
Use their status and standing to form or promote relationships with students which are of a sexual nature, or which may become so. Flirting falls under this umbrella and could be seen as a form of grooming.
5. Confidentiality
Tutors should never use confidential or personal information about a student or their family for their own, or others' advantage (including that of partners, friends, relatives or other organisations). Information must never be used to intimidate, humiliate or embarrass the student.
Confidential information should never be used casually in conversation or shared with any person other than on a need-to-know basis. In circumstances where the student’s identity does not need to be disclosed, the information should be used anonymously.
If a student, or their parent/carer/responsible adult, makes a disclosure regarding abuse or neglect, the tutor must follow the safeguarding procedures of MTW. The tutor should not promise confidentiality to a student or their parent/carer but should give reassurance that the information will be treated sensitively.
If a tutor is in any doubt about whether to share information or keep it confidential, they should seek guidance from the DSL or deputy, via MyTutor Support (support@mytutor.co.uk).
This means that MTW will:
Ensure that all tutors who need to share ‘special category personal data’ are aware that the DPA 2018 contains ‘safeguarding of individuals at risk’ as a processing condition that allows professionals to share information without consent if it is not possible to gain consent, it cannot be reasonably expected that a professional gain consent, or if to gain consent would place a student ‘at risk’.
This means that tutors:
Need to know the contact details for MyTutor Support - (support@mytutor.co.uk).
Tutors will need to explain their concern to a member of the team, and then the frontline support team will forward the concern to the DSL/Deputy DSL
Must be familiar with MyTutor’s safeguarding procedures
Are expected to treat information they receive about students and their families in a discreet and confidential manner
Should seek advice from the DSL/Deputy DSL if they are in any doubt about sharing information they hold or which has been requested of them
Need to be clear about when information can/must be shared and in what circumstances
Need to make sure that, where personal information is recorded electronically, that systems and devices are kept secure
6. Standards of behaviour
All tutors have a responsibility to maintain public confidence, and most importantly, the confidence of students and their parents/carers in their ability to safeguard the welfare and best interests of a student. Tutors should adopt high standards of personal conduct in order to maintain this confidence and respect of the general public and all those with whom they work.
Tutors should be aware that their behaviour, either in or out of the workplace, could compromise their position within MTW, in relation to the protection of children, loss of trust and confidence, or bringing MTW into disrepute.
In summary, inappropriate behaviour can take many forms. It’s not possible for us to provide an exhaustive list of these here. However, you can refer to the following policies to gain a better understanding:
This means that tutors should NOT:
Behave in a manner which would lead any reasonable person to question their suitability to work with children or to act as an appropriate role model
Breach the Skills & Post-16 Education Act 2022, with reference to providing “cheating services” or “essay mills” to students, which may result in MyTutor taking action against tutors who are found to be facilitating unlawful activity within the act. This may result in, but is not limited to, removal from our tutoring platforms.
Make, or encourage others to make sexual, racial, homophobic or any other discriminatory remarks to, or about, a student. This includes flirting and sexual innuendos
Use inappropriate language (eg swearing) to or in the presence of students
Discuss their personal or sexual relationships with or in the presence of students
Make (or encourage others to make) unprofessional personal comments that scapegoat, demean, discriminate or humiliate, or might be interpreted as such
Make contact with any student online or offline except within the MTW platform
Act in anyway that goes against the student’s best interests with respect to their education and development
This means that tutors should:
Be aware of relevant policies and procedures
Always report any situation where a student becomes distressed, anxious or angry
Consider the needs and circumstances of the student(s) involved
Inform MTW of any cautions, convictions, or relevant orders accrued during their employment, and/or if they are charged with a criminal offence
Be aware that by themselves, those with whom they have a relationship or association, or others in their personal lives, may impact their work with MTW
Always fill in lesson reports on the schools platform when requested to do so, which is a mandatory part of your duties
Always have a profile picture that:
Shows your face clearly without obstruction;
Portrays you in a professional manner;
Doesn’t include any inappropriate gestures or inappropriate language on your clothing
6.1. Dress and Appearance
A person’s dress and appearance are matters of personal choice and self-expression, and some individuals will wish to exercise their own cultural customs. However, tutors should select a manner of dress and appearance appropriate to their professional role and which may be necessarily different to that adopted in their personal life. Those who dress or appear in a manner which could be viewed as offensive or inappropriate will render themselves vulnerable to criticism or allegation.
This means that tutors should wear clothing that:
Promotes a positive and professional image
Is appropriate for their role
Is not likely to be viewed as offensive
Does not distract, cause embarrassment or give rise to misunderstanding
Is absent of any political or otherwise contentious slogans
Is not considered to be discriminatory
Is compliant with professional standards
Failure to follow the dress code could result in removal from the platform.
6.2 Gifts and Rewards
Tutors need to take care that they do not accept any gift that might be construed as a bribe by others, or lead the giver to expect preferential treatment.
There are occasions when students or their parents/carers wish to pass small tokens of appreciation to tutors as a thank you for example, at the end of a tutoring programme, or on receipt of positive exam results. This is usually acceptable; however, it is unacceptable to receive gifts on a regular basis or of any significant value.
It is also inadvisable to give such personal gifts to students or their families. This could be interpreted as a gesture either to bribe or groom (grooming is when someone builds a relationship, trust and emotional connection with a student or young person so they can manipulate, exploit and abuse them. Young people who are groomed can be sexually abused, exploited or trafficked). It might also be perceived that a ‘favour’ of some kind is expected in return.
This means that tutors should:
Ensure that gifts received or given in situations which may be misconstrued are declared and recorded
Ensure they do not behave in a manner which is either favourable or unfavourable to individual students
6.3 Infatuation and 'Crushes'
It is not uncommon for students to become strongly attracted to a tutor and/or develop a ‘crush’ or infatuation. Tutors should make every effort to ensure that their own behaviour cannot be brought into question, does not appear to encourage this and be aware that such infatuations may carry a risk of their words or actions being misinterpreted.
Any tutor who receives a report, overhears something, or otherwise notices any sign, however small or seemingly insignificant, that a student has become or may be beginning to become infatuated with them, should immediately report this to a member of the MyTutor team. In this way, appropriate early intervention can be taken, which can prevent escalation and avoid hurt, embarrassment or distress for those concerned.
This means that tutors should:
Report any incidents (verbal, written or physical) that suggest a student may be infatuated with them
Always maintain professional boundaries when working on virtual platforms
6.4 Inappropriate or Abusive Images
Youth Produced Sexual Imagery (YPSI or “Sexting”) can be defined as images or videos generated by students under the age of 18 that are of a sexual nature or are considered to be indecent. These images may be shared between young people and/or adults via a mobile phone, webcam, handheld device or website/app.
The taking and sharing of sexual imagery of children by children is always a risky behaviour and also illegal. Once an image has been shared, control of it has been lost and is unlikely to ever be fully regained.
Young people may consent to sending a nude image of themselves. They can also be forced or coerced into sharing images by their peers or adults online. If a person originally shares the image consensually, they have no control over how other people might use it. If the image is shared around peer groups, it may lead to bullying, exploitation and isolation. Perpetrators of abuse may circulate a nude image more widely and use this to blackmail and/or groom the person for further sexual abuse.
It is a crime to take, make, permit to take, distribute, show, possess, possess with intent to distribute or to advertise indecent images of any person below the age of 18 (Crime and Justice Act 1988, section 160, Protection of students Act, 1978, section 1,1a).
Tutors should be aware that the prosecution or criminalisation of children for taking indecent images of themselves and sharing them should be avoided where possible. Being prosecuted through the criminal justice system is likely to be upsetting and distressing for students and young people, especially if they are convicted and punished. The label of sex offender that would be applied to the person can be extremely detrimental to their future health and well-being.
For students aged 18+, tutors may need to be aware of the Criminal Justice and Courts Act 2015, which states that sexually explicit images or videos of adults sent without consent electronically, with the intent to cause distress, is illegal. This includes the sharing of images without consent both on and offline and includes the physical distribution of images. This is also known as “revenge pornography”.
Further information can be found on the NSPCC website.
This means that tutors should NOT:
Display any material (either pictures or words) of a student or adult that is sexually explicit
Display any other images perceived to be inappropriate either due to the age of the student or the content of the image
Take or record images of students for their personal use
Display or distribute images of students unless they have secured parental consent to do so (and where appropriate, consent from the student)
This means that tutors should:
Where they witness a display of inappropriate or abusive images of a student by or in the presence of a student, explain that due to the nature of the image(s), they will immediately terminate the session
Advise the DSL/Deputy DSL immediately after terminating the session to ensure any recordings can be preserved and made available for any subsequent police investigation. This will be done by contacting the MyTutor support team (Support@mytutor.co.uk), who will pass the concerns onto the safeguarding team.
MTW will:
Report to the police all concerns regarding the display of inappropriate or abusive images of a student or in the presence of a student and make available to the police any recordings.
6.4.1 Exposure to inappropriate images
Tutors should take extreme care to ensure that students are not exposed, through any medium, to inappropriate or indecent images. There are no circumstances that will justify adults: making, downloading, possessing or distributing indecent images or pseudo-images of children (child abuse images). Accessing these images, or making, storing or disseminating such material is illegal.
If indecent images of children are discovered connected to a tutor’s account, an immediate referral will be made to the Local Authority Designated Officer (LADO), and the police contacted if relevant. The images/equipment will need to be secured, and there should be no attempt to view or delete the images as this could jeopardise necessary criminal action.
If the images are of a student registered with MyTutor, a referral should also be made to children’s social care in line with local arrangements.
Tutors should keep their passwords confidential and not allow unauthorised access to equipment. In the event of any indecent images of children or unsuitable material being discovered on a device, the equipment should not be tampered with in any way. It should be secured and isolated from the network, and the LADO contacted without delay. Adults should not attempt to investigate the matter or evaluate the material themselves as this may lead to contamination of evidence and a possibility that they will be at risk of prosecution themselves
This means that the tutor should:
Abide by the establishment’s acceptable use and online safety policies
Ensure that students cannot be exposed to indecent or inappropriate images
Ensure that any films or material shown to students are age-appropriate
7. Private platform fair usage policy
Tutors working on the private platform are expected to adhere to our fair usage policy at all times. This policy applies to all Tutors on our private platform, please read it carefully. You can view this here.
8. Private platform lesson cancellation policy
Tutors working on the private platform must follow our refund policy when cancelling lessons less than 24 hours before they are due to start. Not cancelling lessons less than 24 hours before they are due to start, is a core part of the Private platform fair usage policy linked out in clause 7 above. These policies apply to all tutors on our private platform, please read these carefully.
Memberships platform
If you would like to cancel a Tutorial then you should do this via the Platform. If you are no longer able to provide Tutoring Services for the full duration of a Client’s Membership Plan, you should give the Client at least 14 days’ notice.
Similarly, if you are not able to provide part or all of a Tutoring Plan to a Client for reasons other than illness, you have to give the Client no less than 14 days written notice via the Platform.
9. Communication with students (including the use of technology)
In order to make the best use of the many educational and social benefits of new and emerging technologies, students need opportunities to use and explore the digital world. Online risks are posed more by behaviours and values than by the technology itself.
Communication with students via online platforms should take place within explicit professional boundaries.
Tutors should not request or respond to any personal information from students other than what may be necessary for their professional role. They should ensure that their communications are open and transparent and avoid any communication which could be interpreted as ‘grooming behaviour’.
Tutors should not give their personal contact details to students, for example, e-mail address, home or mobile telephone numbers, or details of web-based identities, such as Facebook, Snapchat, Twitter, LinkedIn or Instagram (this is not an exhaustive list). If a student locates these by any other means and attempts to contact or correspond with the tutor, the tutor should not respond and must report the matter to tutor operations, who will alert the safeguarding team. The student should be firmly and politely informed that this is not acceptable.
Tutors should, in any communication with students, also follow the guidance in the ‘Standards of Behaviour’ section of the code of conduct and should adhere to MyTutor’s policies, including those with regard to communication with parents and carers and the information they share when using the internet
This means that tutors:
Should not seek to communicate/make contact or respond to contact with students outside of the purposes of their work
Should not give out their personal details
Should only use internet-enabled personal devices in line with MTW’s acceptable use policies
Should follow MTW’s acceptable use policy and online safety guidance and ensure that their use of technologies could not bring MTW into disrepute
Should not discuss or share data relating to students/parents/carers in tutor social media groups
10. Use of Technology for Online / Virtual Tutoring
Please don't access your lesson from a mobile phone. The lesson space was designed to be used specifically on laptops or computers, so delivering a lesson from a mobile phone will lower the lesson quality for yourself and your students. If you're experiencing tech problems on your laptop/PC, please contact our tech support team on LiveChat, who'll be best placed to support you.
When engaging in online learning, tutors must give regard to the following:
Think about the background; photos, artwork, identifying features, mirrors – ideally, the background should be nondescript
Tutors should not conduct lessons from their bedrooms as this is the tutor’s private space. Tutors should use a desk or equivalent and be in an appropriate space, such as a dining or living area. There must be no other individuals present, as this will breach both the Code of Conduct and Safeguarding Policy.
Make sure that, if using screen sharing, everything else is minimised on the computer that is personal
Resources/videos must be age appropriate – the student may not have support immediately to hand at home if they feel distressed or anxious about content
Tutors cannot work overseas, for any amount of time. This includes short holiday breaks and longer defined periods. This is our policy because of a few reasons:
Spending time overseas (and working) increases the chance that the tutor would become a tax resident in that country, which then has implications for the employer (MyTutor)
Our learning platforms are not designed to work with international IP addresses, which means that there is the likelihood of experiencing tech and connectivity issues, which gives a poor experience to the pupils.
This means that tutors should:
Adhere to the code of conduct at all times
Be appropriately dressed
Have their cameras on at all times when a pupil is in the lesson space
Reply to students and parent messages on the private platform, as quickly as possible
This means that tutors should NOT:
Contact students on the schools platform, outside the operating times defined by senior leaders
Take or record images of students for their personal use
Record virtual lessons or meetings using personal equipment (unless agreed and risk assessed by the DSL
Engage online while the student or anyone else on camera is in a state of undress or semi-undress
Arrange to conduct a lesson off-platform, as this carries serious safeguarding risks to both yourself and the student
11. Quality Assurance and Reviews
MTW is committed to striving for excellence in the provision of all its services. We do this by actively reviewing the safeguarding systems in place.
We use an electronic recording system to capture all relevant data that supports the evidence and monitoring of compliance in safeguarding and online safety of our tutors and students. This quality assurance mechanism is a crucial and integral part of the governance structure.
MyTutor stores all recordings for 125 days, but this can be extended for a longer period of time if we require the recording for an ongoing investigation regarding safeguarding, as it may need to be shared with an external agency for evidential purposes. The records are all stored securely, with restricted access and in line with MyTutor's internal GDPR and data protection policies.
11.1 Lesson observations
We also carry out quality assurance by observing lessons that are completed on our platform. We have a responsibility to observe 1 lesson per tutor every academic term and observe additional lessons where they do not meet the standards that we set for a high-quality lesson.
As part of the observation process, we may contact you with constructive feedback to help you improve the quality of your lessons. If there is a consistent pattern of delivering low-quality lessons, and feedback is not acted on, we may have to suspend your account. The outcome of this process is to ensure that all of our tutors and lessons are providing the students with the greatest opportunity to improve their educational outcomes.
11.2 Review frequency
The leadership team will review this document every academic term to ensure it continues to reflect legislation and guidance. Any amendments will be submitted to the Directors for approval.