Safeguarding Policy and Procedure

Who is affected by this policy?

This policy applies to all paid employees, seconded staff, trustees, volunteers, students, agency workers, contractors, and unpaid staff working on behalf of the Law Centre in any capacity and in any setting. Young people on work experience and any children or young adults involved in our work should be made aware of our safeguarding policies and procedures. Those with specific communication needs because of language or disability should have access to information in appropriate forms to ensure their understanding.

This policy relates to all children from unborn up to 18 years of age and includes children with whom we have direct or indirect contact, for example children known to adults with whom we work directly.

This policy also relates to vulnerable adults who need to be safeguarded from harm. In project proposals and tenders, our safeguarding policies should be mentioned and attached where appropriate.

Definitions

As per the definitions set out in the Children Act 1989, a ‘child’ is anyone who has not yet reached their 18th birthday. It also includes unborn children. All children are vulnerable

Adults aged 18 and over have the potential to be vulnerable (either temporarily or permanently) for a variety of reasons and in different situations. An adult may be vulnerable if he/she:

• Has a learning or physical disability
• Has a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs
• Has a reduction in physical or mental capacity
• Is in the receipt of any form of healthcare
• Is detained in custody
• Is receiving community services because of age, health or disability
• Is living in sheltered or residential care home
• Is unable, for any other reason, to protect himself/herself against significant harm or exploitation.

General Principles

Safeguarding relates to the action taken to promote the welfare of children and vulnerable adults and to protect them from harm. All staff should have a basic awareness of safeguarding issues. This includes:

• Being alert to the possibility of abuse and neglect
• Having enough knowledge to recognise an abusive or potentially abusive event or set of circumstances
• Knowing who in the organisation to raise concerns with
• Being competent to take the appropriate immediate or emergency action.

If any member of staff has any concerns about a child or vulnerable adult, they must alert the Designated Safeguarding Officer (DSO) immediately. If the DSO agrees there are grounds for concern, they must take appropriate action to safeguard the child or vulnerable adult. This may include contacting the relevant local authority social care service or the local police child abuse investigation team. If a child or vulnerable adult is in immediate danger the member of staff who first becomes aware of the danger should dial 999 for the police.

The above may include concerns about a member of staff, a suspicion that a child or vulnerable adult is being abused or neglected, or a suspicion that an activity is taking place that could place a person at risk. If the concern relates to a member of staff, the DSO should contact the local authority designated officer (LADO) responsible for providing advice and liaison in such cases. This is a general guide as the role of the LADO is expected to change, additionally some local authorities will have new multi-agency safeguarding arrangements. In any situation where there is a suspicion of abuse, the welfare needs of the child or vulnerable adult must come first even where there may be a conflict of interest (e.g., where the suspected perpetrator may be a member of staff).

What constitutes abuse?

Abuse is a deliberate act of ill-treatment that can harm or is likely to harm a person’s safety, wellbeing and development. Abuse can be physical, sexual or emotional. Abuse may not, however, fall easily into these categories and staff/associates are not expected to be experts in the field. Neglect also constitutes abuse but can be defined as failing to provide or secure a child or vulnerable adult with the basic needs required for physical safety and wellbeing. We recognise that a person’s welfare is paramount and that all children and vulnerable adults – regardless of age, disability, gender, racial heritage, religious belief and sexual orientation or identity – have the right to protection from all types of harm and abuse.

Categories of abuse

Children and vulnerable adults can experience abuse in a number of ways. Forms of abuse that may affect children and vulnerable adults include:

• Abuse of trust
• Child sexual exploitation
• Child Trafficking
• Discriminatory abuse
• Domestic violence or abuse
• Emotional Abuse
• Female Genital Mutilation (FGM)
• Financial or material abuse
• Grooming
• Harmful sexual behaviour
• Modern slavery
• Neglect
• Online abuse
• Organisational or institutional abuse
• Physical Abuse
• Psychological or emotional abuse
• Radicalisation of children or vulnerable adults
• Self-neglect
• Sexual Abuse

These categories can overlap, and an abused child or adult often suffers more than one type of abuse.

It is not the responsibility of Law Centre to decide whether or not abuse has taken place. It is the responsibility of staff to act if there is cause for concern, in order that the appropriate agencies can investigate and take any action necessary to protect the young and/or vulnerable adult.

If a member of staff is concerned that a child is in immediate danger, or requires immediate medical treatment, they should call the police and/or emergency medical services on 999 straight away.

Behaviour

Code of conduct

All paid employees, seconded staff, trustees, volunteers, students, agency workers, contractors, and unpaid staff working on behalf of the Law Centre in any capacity and in any setting, as well as any young people on work experience and any children or young adults involved in our work, who are working with children and/or vulnerable adults may be required to undergo awareness training. They should not:

• Meet with a child or vulnerable adult on their own, other than in a designated interview room at the office or regular outreach venue
• Meet with a child under 16 on their own in any venue
• Ask overly personal questions, including those about age or appearance (unless specifically related to a case, in which case it must be documented)
• Send/give out material that could be considered offensive, which includes material on social media sites
• Suggest or imply a personal relationship could develop
• Take an aggressive or bullying tone
• Have physical contact
• Offer or accept personal gifts
• Travel alone with a young and/or vulnerable person

Confidentiality and sharing information

Confidentiality and the possible impact on the child or vulnerable adult

In any work with children and/or vulnerable adults it is important to be clear about confidentiality. Confidentiality and safeguarding should be discussed with children and/or vulnerable adults at the beginning of any piece of work and reminders and information given from time to time, to ensure that they understand the processes and what responsibilities members of staff have. It is absolutely essential to be clear about the limits of confidentiality well before any such matter arises.

While personal information held by professionals and agencies is subject to a legal duty of confidence and should not normally be disclosed without the subject’s consent, it is essential that staff respond quickly where they have concerns or suspicions of abuse. Any concerns about confidentiality should not override the rights of children and/or vulnerable adults at risk of, or suffering, harm. The Law Centre’s responsibility for protecting children and vulnerable adults means that, where necessary to protect welfare, it will breach confidentiality to raise concerns.

Information sharing must be done in a way that is compliant with the General Data Protection Regulation and Data Protection Act 2018, the Human Rights Act 1998 and the common law duty of confidentiality. However, a concern for confidentiality must never be used as a justification for withholding information when it would be in the child or vulnerable adult’s best interests to share information.

Do not promise to keep secrets

Should it become necessary to pass on information shared by another party this decision should always be discussed with the person in question and where possible their cooperation sought beforehand. Explanations of the reasons; processes; likely sequence of events; and who to contact for information or for support should also be provided.

When a child or vulnerable adult makes an allegation of abuse, they may hope that the abuse will stop without further enquiries. They may fear the effect this will have on their family and may fear retribution from the abuser. They should be helped to understand why the referral (to the Designated Safeguarding Officer) must be made and what is likely to happen as a result. It is important to reassure the child or vulnerable adult, but he/she must not be told that their allegation will be treated in a particular way or that the information will be kept a secret.

A record should be kept of any decision and the reasons for it – whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose. 

Confidential record-keeping

Even if a concern has been discussed with a line manager/ the DSO, it is important that all concerns are properly recorded in writing whether or not further action is taken.

The Law Centre has a standard Safeguarding & Child Protection Report form for recording suspected abuse to help people record relevant information.

This form must be used for all concerns and passed as soon as possible to the DSO.

It is important that concerns raised are recorded accurately and in detail. All discussions should end with clear and explicit recorded agreement about who will be taking what action. Where no further action is the outcome the reason for this should be clearly recorded.

Some of the information requested by the form may not be available. Staff should not pursue the questioning of the child or vulnerable adult for this information if it is not given freely. There should be no delay in reporting the matter by waiting for all the information.

In completing the form, it is important not to write speculative comments but to stick to the facts. Staff’s opinion may be crucial, but it should be recorded as an opinion and any evidence stated to support these opinions. Records pertaining to issues of child protection may be accessible to third parties such as Children’s Services, Police, the Courts and Solicitors.

Records must be kept securely in a locked place or file to which access is restricted. Managers have a particular responsibility in maintaining the confidentiality of these records and must ensure that the records, or any information they contain, are made available only to relevant parties. The transfer of information – verbally, through the mail, electronically, etc. – should be done in such a way that confidentiality is maintained.

On and off-site activities

A Risk Assessment should be carried out at least 48 hours before any activity involving a child and/or vulnerable adult takes place. Safeguarding and Code of Conduct procedures apply whether the activity is on or off-site.

Reporting a serious safeguarding incident

If any member of staff is involved in an actual or suspected serious safeguarding incident, or if a serious safeguarding incident takes place within any of the Law Centre’s workplaces or working context, in addition to following the protocols set out within this policy, it should also be reported to the Charity Commission. It is the responsibility of Trustees to ensure that this takes place.

All suspected or actual safeguarding incidents should be reported to the Charity Commission by email at: RSI@charitycommission.gsi.gov.uk.

In addition, immediate action should be taken to:

• prevent or minimise any further harm
• report it to the police, if it is suspected a crime has been committed, and to any other regulators the charity is accountable to
• plan what to say to staff, volunteers, members, the public and the media
• review what happened and prevent it from happening again – this may include strengthening internal controls and procedures, and/or seeking appropriate help from professional advisers.