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Safeguarding statement

The following provides a summary of Action for ME’s policy and procedures. The full copy can be provided upon request to infosupport@actionforme.org.uk

Safeguarding Children & Young People Policy

Purpose

Safeguarding is a statutory responsibility and this Policy and Procedure document outlines the core details of that responsibility to ensure compliance with UK government legislation, policy, guidance, research and good practice.

At Action for ME, we have a fundamental responsibility to ensure that, in every aspect of our work, children and young people are protected and kept safe from harm. For the purposes of this Policy and Procedure the terms children and young people are used interchangeably and refer to an individual under the age of 18 years.

All children and young people, without exception, have the right to protection from abuse regardless of their gender, sexual orientation, beliefs, race, ethnicity or disability.

Safeguarding children must have three key elements:

  • The creation of a culture in which children are valued and their right to be safe is upheld.
  • The management of risk to minimise circumstances where a child may suffer harm.
  • Working together with other organisations that have a responsibility to safeguard and protect children.

There are several staff whose roles may involve face-to-face contact with children in other settings, e.g. policy and press workers or meetings with support group members. For the purpose of this Policy and Procedure, support and information provided by staff and volunteers to, and about, young carers are also included.

Scope

This Policy outlines the requirements, or ‘must do’s’ for all staff and volunteers across the organisation to ensure they are clear about their role, responsibilities and expectations so that children are safeguarded and protected from harm.

This Policy and Procedure covers all work in the UK however local authority procedures vary as does devolved nation legislation requirements. All staff and volunteers must ensure they are aware of the practice requirements pertinent to the relevant area including the ’Getting It Right For Every Child (GIRFEC)’ policy in Scotland.

If a child or young person presents as suicidal, the safeguarding policy and procedure applies.

Roles & Responsibilities

The Trustees have a duty of care which includes taking necessary steps to safeguard and protect children. They will act in children’s best interests and ensure that they take all reasonable steps to prevent any harm to them. Trustees also have duties to manage risk and to protect Action for ME’s assets and reputation[1]. Trustees should also refer to the Governance Framework for a more detailed summary of their safeguarding responsibilities.

The Chief Executive Officer (CEO) and Senior Leadership Team (SMT) are the accountable senior managers for managing safeguarding and/or child protection concerns.

All staff and volunteers have a responsibility to refer any relevant concerns that they have to a senior manager and to take a child-centred approach.

All staff and volunteers working with children will be required to undertake a DBS check, at the appropriate level required.

Safeguarding Children & Young People Procedures

Immediate risk of harm

If we feel that the child is at immediate risk and needs urgent medical care, we will call an ambulance plus the Police if urgent protection is required. This includes a child or young person who is suicidal and threatening immediate harm.

We will inform the person that we are making the call unless to do so would cause further or potential harm. We will provide all requested information and keep a record of information shared.

Escalation Procedures

The following procedure will be followed when there are safeguarding concerns and escalated upwards if a colleague is unavailable or the concerns require further consideration or a referral without consent is required:

  • Safeguarding Duty Cover
  • Designated Safeguarding Officer – Head of Healthcare Services or Head of Services
  • Designated Safeguarding Lead – Chief Executive
  • Safeguarding Lead Trustee

Making a safeguarding referral

When required, we will refer to the relevant local authority, including the duty team where the concerns are of a higher level of concern. We will ensure follow-up to ensure our concern has been considered and a decision made on the appropriate course of action. Where we feel that the right course of action has not been followed, we will escalate this within the relevant body.

Where we have a concern about modern slavery, we will make an immediate referral.

Recording

We use a case management system called CharityLog to record key information and keep a record of contact. This can be accessed through a Service Access Request as outline in our Data Protection Policy and Procedure.

Sharing information

We do not share information without consent unless we feel that a child is at risk of harm. Any data shared is in accordance with our Data Protection Policy and Procedure.

Other support

Where a child is a young carer, we will advise the family of the right to an assessment.

Where a child is thought to be in a private fostering arrangement and the local authority is not aware, we will advise the family to liaise with the local authority. If they do not, we will make a referral.

Allegations against a member of our team

The safety of a child is paramount and we will take immediate action in consultation with the relevant local authority, the Local Area Designated Safeguarding Officer (LADO) and our legal advisors.

Safer recruitment

All staff and volunteers undertake a rigorous recruitment process in line with our recruitment policy and procedures. This includes obtaining references and undertaking DBS checks, where appropriate.

Training

  • All staff – Safeguarding e-learning level 1
  • Safeguarding duty managers, Support Service delivery staff who have direct contact with children and young people, and Healthcare Services contractors - Safeguarding e-learning level 2
  • Designated Safeguarding Officer and Lead Counsellor - Safeguarding e-learning level 3 plus local authority training

E-safety and social media

Our children and young people’s forum is moderated by our volunteer peer moderators and overseen by their line manager, our Children and Young People Peer Support Officer. Our volunteers receive safeguarding training and have regular check-ins with their line manager. Any concerns are managed in line with this policy and procedure.

Notifications to the Care Quality Commission (CQC)

As required by law, we will notify the CQC, of any serious incidents that occur to people in our care, including the death of a child or adult using our service, abuse or allegations of abuse in relation to a child or adult using our service, or any incident that is reported to, or investigated by, the police.

Definitions

It is important to note that there are some differences in the definitions and terminology used across the four nations. A clear and consistent understanding of the different concepts and terminology is essential. Staff and volunteers are required to refer to relevant national legislation and guidance (such as ‘Working Together to Safeguard Children: A guide to interagency working to safeguard and promote the welfare of children’, 2010; in Northern Ireland: Co-operating to Safeguard Children, DHSSPS 2003) for further clarification, as necessary and in accordance with their job role/departmental focus.

Child

  • Children Acts 1989 & 2004 and the Children (Northern Ireland) Order, 1995 define a child as anyone who has not yet reached their 18th birthday.
  • The Children (Scotland) Act 1995 defines a child in relation to the powers & duties of the local authority. Young people between the age of 16 & 18 who are still subject to a supervision requirement by the Children’s Hearing can be viewed as a child.
  • The United Nations Convention on the Rights of the Child (UNCRC) applies to “all human beings under the age of 18 years unless, under the law applicable to the child, majority is attained earlier.”[2]

Safeguarding

Safeguarding children - the action we take to promote the welfare of children and protect them from harm - is everyone’s responsibility. Everyone who comes into contact with children and families has a role to play.

Safeguarding and promoting the welfare of children is defined as:

  • protecting children from maltreatment;
  • preventing impairment of children's 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.  [DFE, 2013]

In Scotland, the term Safeguarding is not used in this context. What is described above refers to the collective principles and responsibilities of the GIRFEC (Getting It Right For Every Child) approach to identify and address needs and risks within a framework of the child’s whole world and well-being at the earliest opportunity.

Child in Need

Defined under the Children Act 1989 as a child who is “unlikely to achieve or maintain a reasonable level of health or development, or whose health and development is likely to be significantly or further impaired, without the provision of services; or a child who is disabled.” Children in need may be assessed under section 17 of the Children Act 1989 by a social worker.

Child Protection

Child protection is part of safeguarding and promoting welfare. This action refers to the activity that is undertaken to protect specific children who are suffering, or are at risk of suffering, significant harm. This includes children affected by: domestic abuse, female genital mutilation, forced marriage, honour-based violence, ‘missing’ children, young runaways, child sexual exploitation and trafficking. This list is not exhaustive.

Private Fostering

A child under 16 years, or under 18 years if disabled, who is residing for more than 28 days in the care of someone who is not a parent, close relative, or someone with parental responsibility.

In Scotland, private fostering refers to when a parent or guardian places a child who is under school leaving age in the care of someone else, who is not a close relative or an officially approved foster carer, of more than 28 days.

Young Carers

Young people (aged under 18) who provide care to adult family members. Under the provisions of the Children Act, 1989, children are entitled to an assessment of their needs if they are a young carer. In certain circumstances, children aged 16/17 years can have a carers’ assessment under the Carers and Disabled Children’s Act, 2000. If under 16 years, and in special circumstances, an assessment can be undertaken under the Carers’ Recognition and Services Act, 1995.

Some tasks a young carer may be involved in include:

  • Practical tasks, such as cooking, housework and shopping.
  • Physical care, such as helping someone out of bed. 
  • Emotional support, such as talking to someone who is distressed.
  • Personal care, such as helping someone dress.
  • Managing the family budget and collecting prescriptions.
  • Helping to give medicine. 
  • Helping someone communicate.
  • Looking after brothers and sisters.

See Carers UK for factsheets on young carers’ rights to an assessment: https://www.carersuk.org/help-and-advice/practical-support/arranging-care-and-support-for-someone/support-for-young-carers/

Risks

The following list (taken from Safeguarding and protecting people for charities and trustees, The Charity Commission) is illustrative and not exhaustive. Note: if you hold a concern regardless of whether you believe it constitutes a risk, you should seek advice in accordance with the procedures contained in this document.

Risks you must be alert to include:

  • sexual harassment, abuse and exploitation
  • negligent treatment
  • physical or emotional abuse
  • bullying or harassment
  • health and safety
  • commercial exploitation
  • extremism and radicalisation
  • forced marriage
  • child trafficking
  • female genital mutilation
  • discrimination on any of the grounds in the Equality Act 2010
  • people may target your charity
  • a charity’s culture may allow poor behaviour
  • people may abuse a position of trust they hold within a charity.

In addition to the above, other risks to be alert to include:

  • modern slavery
  • radicalisation or at risk of being radicalised or exploited
  • showing signs of being drawn into anti-social or criminal behaviour
  • substance misuse including concerns re ‘county lines’ involvement
  • family circumstances presenting challenges for the child including through family member substance misuse, domestic abuse and/or mental or physical health issues
  • extra-familial threats: “the vulnerability to abuse or exploitation from outside the family which may arise at school and other educational establishments, from peer groups and more widely from within the wider community and/or online….this can also include harmful effects to the individual identified as vulnerable to extremist ideologies or being drawn into terrorism” (Counter Terrorism and Security Act, 2015).

Child-centred approach

As defined by Working Together (2018): “Keep the child in focus when making decisions about their lives and working in partnership with them and their families”

Modern slavery

Encompasses human trafficking and slavery, servitude and forced or compulsory labour.

National Referral Mechanism (NRM)

A framework for identifying victims of human trafficking and slavery and ensuring they have the appropriate support (covers England and Wales).

References

Please note this list is not exhaustive:

  • The Children Acts (1989); (2004)
  • The United Nations Convention on the Rights of The Child (1989)
  • Children (Northern Ireland) Order (1995)
  • Caring About Carers. The National Strategy for Carers (Recognition and Services) Act (1995)
  • Human Rights Act (1998)
  • The Carers and Disabled Children Act (2000)
  • Department of Health (2000) Framework for the Assessment of Children in Need and their Families Guidance
  • Education Act (2002)
  • Carers (Equal Opportunities) Act (2004)
  • Wales Child Protection Procedures (2008)
  • The National Guidance for Child Protection in Scotland (2010)
  • Strategy for Dealing with Safeguarding Children and Vulnerable Adults Issues in Charities, Charity Commission (2012)
  • Common Assessment Framework (2012)
  • Children and Young People (Scotland) act (2014)
  • Human Trafficking and Exploitation (Scotland) Act 2015
  • Children and Young People (Information Sharing) (Scotland) Bill (2017)
  • Charity Commission (Dec 2017), Safeguarding and protecting people for charities and Trustees
  • Working Together to Safeguard Children: A guide to interagency working to safeguard and promote the welfare of children, Department for Education (2018)
  • Getting it Right for Every Child, (GIRFEC), Scottish Government
  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • Care Quality Commission (Registration) Regulations 2009.

Compliance Measures

  • Induction
  • Supervision/1:1’s
  • Annual Performance Review
  • Six-monthly review of completed childcare concern forms by Designated Safeguarding Officer
  • Annual audit
  • Annual Learning and Development Plan review
  • Caserecord review/quality assurance

[1] Strategy for Dealing with Safeguarding Children and Vulnerable Adults Issues in Charities, Charity Commission (2012) 

[2] Article 1, United Nations Convention on the Rights of the Child, 1989

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