If we become aware that a child or adult may be at risk of abuse, neglect exploitation or other harm, we may consider that their best interests would be served by sharing information with relevant authorities such as children’s social care or the police if necessary.
If a caseworker becomes that a child or adult is at risk of harm, and would benefit from support they should discuss the issue as soon as possible with the head of legal practice/senior solicitor. Ideally the individual will consent to disclosure being made.
However, if the individual will not provide consent, there are some circumstances when we may need to consider breaching confidentiality in order to make a referral.
Where we make a safeguarding report, we will keep a record of:
The fact that a safeguarding report has been made will be reported to the board of trustees.
We may carry out pre-employment DBS checks in some circumstances, for example, if we are recruiting a caseworker to work with young people, or other vulnerable persons.
In addition, under the legal aid contract, any caseworker who acts for a client who is an Unaccompanied Asylum Seeking Child (UASC) must have had an enhanced DBS check in the 24 months prior to instruction. A caseworker cannot start acting for an Unaccompanied Asylum Seeking Child until the outcome of the check has been received.
We only pass DBS certificate information to those who are authorised to receive it in the course of their duties. It is a criminal offence to pass DBS certificate information to anyone who is not entitled to receive it. The LAA Contract Manager may request evidence that we have obtained DBS certificates for relevant staff.
We maintain a record of all those with whom certificates or certificate information has been shared.
For more information about our Safeguarding Policy and Procedure, please get in touch.
