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
The following provides a summary of Action for ME’s policies and procedures for safeguarding children, young people and vulnerable adults. Full copies can be provided upon request by emailing our Information and Support Service.
Purpose
Safeguarding is a statutory responsibility. Our safeguarding policies and procedures outline the core details of that responsibility to ensure compliance with UK government legislation, policy, guidance, research and good practice.
Scope
Our policies and procedures cover 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.
Our policies and procedures outline 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.
We ensure compliance via the following measures:
Roles and responsibilities
The Trustees have a duty of care which includes taking necessary steps to safeguard and protect children, young people and vulnerable adults. They will act in children, young people and vulnerable adults’ best interests and ensure that they take all reasonable steps to prevent any harm to them.
Only approved communication channels must be used for all engagement with any children, young people or adults with whom we are working directly. Action for ME does not allow the sharing or use of personal mobile phones, including messaging platforms such as WhatsApp, or personal emails for engagement with people with whom we work.
The CEO is the Designated Safeguarding Lead (DSL) for the charity.
The Clinical Lead is the Designated Safeguarding Officer (DSO) for Healthcare Services.
The Head of Support Services is the DSO for all other departments including Support Services.
We also have a Safeguarding Lead Trustee.
All staff and volunteers have a responsibility to refer any relevant concerns that they have to a senior manager, escalating urgently if required.
All staff or volunteers working directly with children, young people and vulnerable adults will be required to undertake a DBS check, at the appropriate level required.
Immediate risk
If we feel that someone 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, young person or vulnerable adult 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:
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. Individuals can request a copy of their case notes through a Service Access Request as outlined in our Data Protection Policy and Procedure.
Sharing information
We do not share information without consent unless we feel that a child, young person or vulnerable adult is at risk of harm. Any data shared is in accordance with our Data Protection Policy and Procedure.
An adult has the right to make their own decision and express a wish for any concerns not to be pursued. Any expressed wishes should be respected wherever possible. However, exceptions to this must be considered and a decision may be made, by the DSL, CEO or Safeguarding Lead Trsutee, to override consent where:
The individual about whom the concerns exist should be made aware of the risks involved in their decision if they do not consent to concerns being pursued with the relevant authorities.
Self-disclosure
It is not usually acceptable for a member of staff to self-disclose their personal experiences to a service user. There may be occasional exceptions to this where some self-disclosure is appropriate and professional judgement should be exercised, with line manager support.
Allegations against a member of our team
We will take immediate action in consultation with the relevant local authority, including the Local Area Designated Safeguarding Officer (LADO) if needed,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.
We have a training framework for colleagues as follows:
E-safety and social media
Our forum for children and young people 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 safeguarding policy and procedure.
Our ME Friends Online forum for adults is moderated by our Communications and Engagement Officer, supported by the Head of Support Services. Any concerns are managed in line with our safeguarding 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.
The six principles of safeguarding
The six principles of safeguarding are empowerment, prevention, proportionality, protection, partnership, and accountability. These principles are fundamental to ensuring the safety and well-being of individuals, by promoting their autonomy, preventing harm, and ensuring appropriate responses to potential risks.
The definition of safeguarding and of who is defined as being considered in need of safeguarding under this heading does differ between devolved nations and relevant legislation should be referred to, as necessary.
“Safeguarding means protecting an adult’s right to live in safety, free from abuse and neglect. It is about people and organisations working together to prevent and stop both the risks and experience of abuse or neglect, while at the same time making sure that the adult’s wellbeing is promoted including, where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. This must recognise that adults sometimes have complex interpersonal relationships and may be ambivalent, unclear or unrealistic about their personal circumstances.” [Care 7 Support Statutory Guidance, 2014; DoH].
Risks
The following list (taken from Safeguarding and protecting people for charities and trustees, The Charity Commission) is illustrative and not exhaustive. Note: if a colleague or volunteer holds a concern regardless of whether they believe it constitutes a risk, they should seek advice in accordance with our policies and procedures. Risks to be alert to include:
In addition to the above, other risks to be alert to include:
Promoting the welfare of 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:
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.
Children in need
A “Child in Need” is 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.
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.
Young carers
Where a child is a young carer, we will advise the family of the right to an assessment.
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:
References
Please note this list is not exhaustive.
Working Together to Safeguard Children: A guide to interagency working to safeguard and promote the welfare of children, Department for Education (2018)
Adult Safeguarding Policy (Northern Ireland) – draft for consultation, Nov 2014
Adult Support & protection (Scotland) Act 2007
Adult with Incapacity (Scotland) Act 2000
Care Act 2014
Care and Support Statutory Guidance issues under the Care Act 2014, DoH
Care Quality Commission (Registration) Regulations 2009
Care Quality Commission (Registration) Regulations 2009.
Carers (Equal Opportunities) Act (2004)
Caring About Carers. The National Strategy for Carers (Recognition and Services) Act (1995)
Charity Commission (Dec 2017), Safeguarding and protecting people for charities and Trustees
Children (Northern Ireland) Order (1995)
Children and Young People (Information Sharing) (Scotland) Bill (2017)
Children and Young People (Scotland) act (2014)
Common Assessment Framework (2012)
Department of Health (2000) Framework for the Assessment of Children in Need and their Families Guidance
Education Act (2002)
Getting it Right for Every Child, (GIRFEC), Scottish Government
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
http://www.legislation.gov.uk/ukpga/2006/47/contents
Human Rights Act (1998)
Human Rights Act 1998
Human Trafficking and Exploitation (Scotland) Act 2015
In Safe Hands: Implementing Adult Protection Procedures in Wales, 2000
Mental Capacity Act 2005
Mental Health (Care & Treatment) (Scotland) Act 2003
Safeguarding Adults - National Framework of Standards 2005
Safeguarding Adults - National Framework of Standards 2005
Safeguarding Vulnerable Adults. Regional Adult protection Policy & Procedural Guidance NI
Strategy for Dealing with Safeguarding Children and Vulnerable Adults Issues in Charities, Charity Commission (2012)
The Carers and Disabled Children Act (2000)
The Children Acts (1989); (2004)
The National Guidance for Child Protection in Scotland (2010)
The Safeguarding Vulnerable Groups Act (England & Wales, 2006)
The United Nations Convention on the Rights of The Child (1989)
Wales Child Protection Procedures (2008)
Wales Interim Policy and Procedures for the Protection of Vulnerable Adults from Abuse (January 2013)