POLICY 12 - SAFEGUARDING

Policy 12 - Safeguarding

Excellence in Learning, Development and Training

1. Introduction, Definitions and Responsibilities

This Policy is focused on recognising the roles that LDT staff and students have to play in safeguarding the welfare of young people and vulnerable adults, and preventing their abuse and is focused on protection from abuse and neglect. The procedures outlined below should be followed in the circumstances defined in this policy.

Definition of Safeguarding The term ‘safeguarding’ describes the broader preventative and precautionary approach to planning and procedures that are necessary to be in place to protect children and young people from any potential harm or damage. This is also true for vulnerable adults.

Safeguarding means: • Protection from abuse and neglect • Promotion of health and development • Ensuring safety and care • Ensuring optimum life chances

For a more comprehensive list of issues that can be covered by “safeguarding” please see appendix A. Definition of child or young person An individual is considered to be a child or young person up to their 18th birthday.

Definition of a vulnerable adult A person who has attained the age of 18, and: • is receiving any form of health care • is receiving a service or participating in an activity which is specifically targeted at people with age related needs, disabilities or prescribed physical or mental health conditions or expectant or nursing mothers living in residential care age-related needs includes needs associated with frailty, illness, disability or mental capacity.

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Definition of abuse

Responsibilities

Related policies and statements

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Abuse is behaviour towards a person that either deliberately or unknowingly causes a person harm, or endangers their life or their human or civil rights. It can be passive, e.g. failing to take action to care for someone, or failing to raise the alert about abuse; or active, e.g. hitting, stealing or doing something that causes harm. It can also be financial abuse, e.g. exerting improper pressure to sign over money. Abuse can be a oneoff or something that is repeated.

All staff, partners, and other workers will be given full training on the definitions and scope of abuse and neglect and how this should be dealt with (see section 5 below).

All LDT staff, other workers and volunteers are particularly well placed to observe outward signs of abuse, changes in behaviour and failure to develop because they have daily contact with children, young people and vulnerable adults.

They should be aware of the important role the Centre has in the early recognition of the signs and symptoms of abuse or neglect and the appropriate referral process.

For details of the Designated Senior Person see section 4 below.

• Data Protection Policy • Health and Safety Policy • Confidentiality Statement • Staff and student email and internet policies • Staff and Student Disciplinary Procedures • Student Anti-Bullying Procedure • Complaints, Compliments and Suggestions Procedure • Security CRB (Criminal Records Bureau) Policy or its equivalent • HR Recruitment and Selection Policy Professional standards Policy • Whistleblowing policy

2. OBJECTIVES OF THE SAFEGUARDING POLICY

This policy aims to:

• Establish and maintain an environment where young people and vulnerable adults feel secure, are encouraged to talk, and are listened to when they have a worry or concern.

• Ensure young people and vulnerable adults know that there are adults in the college whom they can approach if they are concerned.

• Include opportunities in the tutorial programme for young people and vulnerable adults to develop the skills they need to recognise and stay safe from abuse • Inform staff and others working at LD Training about the LDT’s responsibilities for safeguarding young people and vulnerable adults • Enable everyone to have a clear understanding of how these responsibilities should be carried out.

3. STATUTORY FRAMEWORK In order to protect young people and vulnerable adults from harm the Centre will act in accordance with the following legislation and guidance: • Safeguarding Vulnerable Groups Act 2006 • The Children Acts 1989 and 2004 • Education Act (2002), section 175 • Rehabilitation of Offenders Act 1974 Law • Sexual Offences Act 2003 • Safeguarding Children and Safer Recruitment in Education (2007)Law • HM Government 'Working Together to Safeguard Children’ (2006)

LD Training has appropriate procedures in place for responding to situations in which they believe that a child or vulnerable adult has been abused or are at risk of abuse, which also cover circumstances in which a member of staff, volunteer or other worker is accused of, or suspected of, abuse.

In accordance with DfES guidance Safeguarding Children and Safer Recruitment in Education (2007) the college complies with the following responsibilities:

• Staff are trained to recognise signs of abuse and know to whom they should report any concerns or suspicions • Procedures (of which all staff are aware) are in place for handling suspected cases of abuse of students, including procedures to be followed if a member of staff is accused of abuse, or suspected of abuse • Staff with designated responsibility for Safeguarding receive appropriate training

DfES guidance Safeguarding Children and Safer Recruitment in Education (2007) also states that “All parents need to understand that schools and FE colleges have a duty to safeguard and promote the welfare of children who are their pupils or students, that this responsibility necessitates a child protection policy and procedures, and that a school or FE college may need to share information and work in partnership with other agencies when there are concerns about a child’s welfare.”

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4. THE DESIGNATED PERSON AND GOVERNING BODY The Designated Person for Safeguarding in at LD Training is: Sara Green – Programme Coordinator

Where the Designated Senior Person is not available the Deputy Designated Senior Person listed below act in her absence. The Deputy Designated Senior Person for Safeguarding at LD Training is:

Linda Johnson – Director

5. Policy Statement LD Training is strongly committed to practices that protect children, young people and vulnerable adults from abuse, neglect or significant harm. Staffs recognise and accept their responsibility to develop the awareness of the risks and issues involved in safeguarding.

The company also recognises that it has a responsibility to protect staff from unfounded allegations of abuse. The company is committed to working with existing local safeguarding or adult safeguarding Boards and other health and social care partnerships to ensure the safeguarding of its learners. The company will ensure it has one nominated person who has attended a Designated Training workshop and the Director will have responsibility for the development and discharge of any LD Training procedures in conjunction with Safeguarding.

LD Training will ensure that there are sufficient in-house trainers to deliver safeguarding awareness training and all staff will be included at such training events.

LD Training is strongly committed to practices that protect children, young people and vulnerable adults from abuse, neglect or significant harm. Staffs recognise and accept their responsibility to develop the awareness of the risks and issues involved in safeguarding.

The company also recognises that it has a responsibility to protect staff from unfounded allegations of abuse. The company is committed to working with existing local safeguarding or adult safeguarding Boards and other health and social care partnerships to ensure the safeguarding of its learners. The company will ensure it has one nominated person who has attended a Designated Training workshop and the Director will have responsibility for the development and discharge of any LD Training procedures in conjunction with Safeguarding.

LD Training will ensure that there are sufficient in-house trainers to deliver safeguarding awareness training and all staff will be included at such training events.

LD Training is strongly committed to practices that protect children, young people and vulnerable adults from abuse, neglect or significant harm. Staffs recognise and accept their responsibility to develop the awareness of the risks and issues involved in safeguarding.

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Definition

For the purposes of this policy and procedure children are defined in the Children Act of 1989 as a person under the age of 18 years. The Safeguarding Vulnerable Groups Act 2006 defines a ‘vulnerable adult’ as a person aged 18 and over and; • • • • • •

receiving a social care service receiving a health service living in sheltered accommodation detained in custody or under a probation order requiring assistance in the conduct of his/her affairs receiving a service or participating in an activity targeted at older people, people with disabilities or with physical or mental health conditions

Accountability and Responsibility LD Training Ltd has two trained staff able to deliver safeguarding training and will be responsible for ensuring all their staff undergo the required training and follow the LD Training safeguarding policies and procedures. The Programme Coordinator (Sara Green) is the Safeguarding Designated person and is accountable to the Director, Linda Johnson.

Incidents or concerns may be reported at local level to assessor/tutors/associates/employees but must immediately be escalated to the Designated Safeguarding Officer. This may be done verbally if appropriate, but in all cases a written report/account must be submitted.

The Designated Safeguarding Officer is responsible for monitoring and managing incidents or concerns, maintaining records and liaising with safeguarding agencies. Linda Johnson (Director) and Sara Green, (Designated Safeguarding officer), are responsible for responding to reports on safeguarding within the company.

Roles and Responsibilities of the designated person This responsibility will be in addition to their existing or main roles and responsibilities.

• The designated worker will take responsibility for promoting positive safeguarding procedures and practice within the organisation.

• They will receive information from, and offer advice to, staff, volunteers, children and young people, vulnerable adults, parents and carers about concerns relating to vulnerable adult or child protection issues and maintain secure records of this information.

• They will assess this information promptly and take appropriate action.

• They must be familiar with national and local safeguarding legislation and guidance, with procedures for referral to the local authority’s children’s or adult’s services and police procedures for investigating abuse of children and vulnerable adults.

• They must know how to contact, and establish links with Local Safeguarding Children Boards and the relevant people within children‘s and adult services or police.

• They will assess the safeguarding development needs of all staff and volunteers and co-ordinate the training.

• They will keep all staff and volunteers informed of good practice and new legislation and guidance.

• They will monitor the number of safeguarding concerns; keep confidential records of their disposal and feed back to the organisation on the quality of their safeguarding work.

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Training The company has a duty to promote safeguarding issues and measures to staff and ensure they: • analyse their own practice against established good practice, and assess risk to ensure their practice is likely to protect them from false allegations • recognise their responsibilities and report any concerns about suspected poor practice or possible abuse • follow the guidelines for staff • undertake annual training on safeguarding to raise awareness of current issues and legislation The company delivers Safeguarding updates and workshops throughout the year and in the selection process, guidelines should be followed in terms of accompanying prospective staff and site visits. This is included within team meetings. At induction, all staffs receive the Safeguarding policy.

Criminal Record Bureau Checking/ Disclosure and Barring Service The company has a responsibility to ensure safe recruitment and employment practices.

New and existing staff who frequently or intensively work with children, young people and vulnerable adults in training, supervision, care, advice, treatment and transport have to be checked through the Home Office for criminal record information: this is undertaken at LDT and coordinated by our Operations Support. Our recruitment and selection process advises all applicants that their recruitment is subject to a satisfactory enhanced CRB/DBS check.

From 17th June 2013 the new Independent Safeguarding Authority (ISA) reformed all current vetting and barring practices. The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children. It replaces the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA).

The Operations Support has responsibility for ensuring LD Training is compliant with all necessary legislation, regulations and practices in this area.

Relevant legislation The Safeguarding Vulnerable Groups Act 2006 contains the legislation to create two new Barred Lists.

These are: • a list of people barred from working with children (replacing List 99, the Protection of Children Act (POCA) list and disqualification orders); and • a list of people barred from working with vulnerable adults (replacing the Protection of Vulnerable Adults Scheme (POVA list).

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Human Rights Act 1998 The Human Rights Act 1998 mostly came into force in October 2000. The aim of the act is to give further effect in UK law to the rights contained in the European Convention on Human Rights. The act contains articles relevant to safeguarding, such as: • Article 3 – no one shall be subjected to torture or to inhuman or degrading treatment or punishment.

• Article 5 – the right to liberty and security of person.

• Article 8 – the right to respect for private and family life.

United Nations Convention on the Rights of the Child (Ratified by the UK in 1991) Despite the UK’s ratification of this convention, it is not incorporated as a whole into UK law. However, many of the key elements of the convention are incorporated into various pieces of legislation such as those outlined here.

The UNCRC defines a child as under 18.

Safeguarding Vulnerable Groups Act 2006 The primary aim of this act in respect of LDT personnel (including staff, associates, representatives and contractors) is that they safeguard themselves against harm and maintain a level of professional conduct that will reduce the potential for any false allegations of inappropriate conduct.

In respect of all our learners’ the Safeguarding Act requires LDT personnel (including staff, representatives, associates and contractors) to be vigilant in terms of identifying and preventing harm to any individual; responding and acting on disclosures to an agreed process and advising all staff, representatives, and associates of their responsibilities in terms of the Safeguarding agenda.

Children Act 1989 This piece of legislation is fundamental to professionals working with children and young people. It states that the welfare of the child is paramount, which means that decisions made by all those working with children must always be in the interests of the child or young person (defined by the act as under 18 years old) and their welfare. It also makes provision for local authority services for children in need and others; amends the law with respect to children’s homes, community homes, voluntary homes and voluntary organisations; makes provision with respect to fostering, child minding and day care for young children and adoption, and for connected purposes.

Part V of the act relates to the protection of children and outlines the statutory duty that only the police, local authority children’s services and the NSPCC can investigate allegations or concerns about child abuse. It also puts duties on statutory agencies to cooperate in the interests of vulnerable children.

Education Act 2000 Section 175 places a duty on local authorities, maintained schools and further education institutions including sixth form colleges, to carry out their function with a view to safeguarding and promoting the welfare of children and young people. Section 157 places the same duty on independent schools, including academies and technical colleges.

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Children Act 2004 Section 10 places a duty on each local authority to make arrangements with relevant agencies to cooperate to improve the well-being of children (i.e. people under the age of 18). Section 11 gives a range of organisations, including local authorities, the police and health services, the duty to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children.

Rehabilitation of Offenders Act 1974 This Act protects ex-offenders from discrimination due to their criminal history by allowing them not to declare convictions to employers. However, those working with children and vulnerable adults are exempt from this legislation and must declare all past convictions and cautions when applying for a position.

Sexual Offences Act 2003 This act updates previous legislation that criminalises certain behaviour towards children as sexual offender. It also introduces the offence of abuse of trust, where someone in a caring or authoritative professional position with a young person or vulnerable adult who begins a sexual relationship with that person is committing an offence.

Safeguarding Children and Safer Recruitment in Education 2007 This guidance document is a consolidated version of earlier guidance material. It looks at the recruitment and selection processes, recruitment and vetting checks, and duties for safeguarding and promoting the welfare of children in education.

Safeguarding and equality In the overall context of providing a safe environment in which to learn, equality legislation, and related provider level equality and diversity policies are a powerful additional resource to set alongside Safeguarding legislation and policy. Equality laws and policies both reinforce aspects of safeguarding – e.g. in areas such as bullying and harassment, and regulate how safeguarding policy and practice is implemented.

6. STATUTORY FRAMEWORK LD Training aims to meet legislative requirements and good practice in safeguarding. The statutory framework under which we operate includes the Children Act 1989. This provides the legal framework for the protection of children and young people in the UK. The Protection of Children Act 1999 requires employers to carry out Criminal Record/Disclosure and Barring Service Check before employees are allowed to come into contact with children. The Safeguarding Vulnerable Groups Act 2006 sets out the type of activity in relation to children and vulnerable adults for which employers and individuals will be subject.

From 2008 Ofsted inspectors make a judgement on procedures for safeguarding learners meeting current government requirements. They comment on policy, procedures, vetting and training as impact on learners dictates.

Review

LD Training’s Safeguarding Policy is reviewed annually and its provisions monitored by Programme Coordinator and the Director. Where appropriate the review process includes analysis of monitoring data, consultation with and feedback from learners, clients, staff and representatives to determine the impact of the policy and any action required.

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7. Safeguarding Children and Vulnerable Adults – a quick guide for staff It is important that children, young people and vulnerable adults are protected from abuse, neglect or significant harm. It is the responsibility of all LD Training employees/representatives to safeguard and promote the welfare of children, young people and vulnerable adults participating on LD training programmes and activities.

Employees should report any allegations or concerns regarding the Welfare of these groups using the following guidelines What is abuse and when is a person at risk …

For children and young people this includes: • physical abuse which may involve hitting, shaking, throwing, poisoning, burning, scalding, drowning, suffocating or otherwise causing physical harm • emotional abuse which is the persistent emotional maltreatment so as to cause severe and persistent adverse effects on their emotional development • sexual abuse which involves forcing or enticing a child or young person to take part in sexual activities, including prostitution, whether or not the child/young person is aware of what is happening • neglect consisting of the persistent failure to meet a child’s or young person’s basic physical and/or psychological needs, which is likely to result in the serious impairment of their health or development For vulnerable adults abuse can mean: • physical abuse including hitting, slapping, punching, kicking, misuse of medication, restraint or inappropriate sanctions • sexual abuse including rape, sexual assault, or sexual acts to which the victim has not consented, could not consent to or was pressurised into consenting to • psychological abuse including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, verbal abuse, isolation, or withdrawal of services or supportive networks • discriminatory abuse including racist, sexist, religious abuse or abuse that is based on a person’s disability • financial abuse including fraud, exploitation, pressure in connection with wills, property, inheritance or financial transactions or the misuse or misappropriation of property, possessions or benefits • neglect including ignoring physical or medical care needs, failure to provide access to appropriate services or the withholding of necessities of life

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What to do if …

A young person or vulnerable adult discloses abuse to you Take the disclosure seriously and never dismiss the allegation of abuse. Provide a quiet and supportive environment to help the person feel at ease. Remember that an allegation of abuse or neglect may lead to a criminal investigation and asking leading questions or attempting to investigate the allegations yourself may cause problems for any subsequent court proceedings. Do not make promises regarding confidentiality. Explain to the person at the outset that you will need to report the disclosure and share the information with the designated Safeguarding person.

• Report the disclosure to the Sara Green (Designated Safeguarding Officer) immediately by telephoning their mobile number and complete the safeguarding form within 24 hours of hearing the complaint, to document.

The Director/Safeguarding Officer will, where possible: • respect the wishes of the individual; however, information will be shared with external agencies where it is judged that a person is at risk of suffering significant harm.

• keep in contact with the young person and or vulnerable adult and reporting personnel where it is agreed this is an acceptable course of action to ensure that our Duty of Care is fulfilled What to do if …

You are concerned a young person or vulnerable adult may be at risk • Contact the DSO (Designated Safeguarding Officer) for advice and guidance, they will advise you to contact the Director. If you cannot contact the DSO, contact the Director, Linda Johnson, direct • Make and keep a record of your concerns on the Safeguarding report and forward to the DSO within 24 hours • Discuss your concerns with the young person if appropriate What to do if …

A young person or vulnerable adult accuses you or another member of staff of abuse • Contact your DSO for advice and guidance. The DSO should contact the Director • Make and keep a record of the accusation and actions taken and forward to the DSO within 24 hours It is important that all new staff on induction are advised of the code of conduct and the Safeguarding policy. New staff should be encouraged to complete a safeguarding course in addition to LDT team meeting that will include safeguarding procedures

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8. SAFEGUARDING CODE OF BEHAVIOUR – FOR ALL STAFF Conduct to be avoided • Staff should not spend excessive amounts of time alone with children and vulnerable adults, away from others.

• Private Meetings or meetings off-site (away from the workplace or LD Training premises) with Individual children and vulnerable adults should be avoided or take place within sight of others.

• If privacy is needed, the door should remain open and other staff or should be aware of the meeting.

• Staff are advised not to make unnecessary physical contact with children and vulnerable adults.

• However, there may be occasions when physical contact is unavoidable, e.g. providing comfort at times of distress. In all such cases contact should only take place with the consent of the child or vulnerable adult and where possible should be avoided • Staff should not meet children and vulnerable adults outside of the work environment or at the learners’ private address. If meetings do have to take place outside of the workplace and it is not possible to use a LD Training premises, a public venue should be selected such as a Library • Staff/representatives should not start an investigation or question anyone after an allegation or concern has been raised. This is the job of the authorities. You should record the facts and report these to the Designated person

Staff should never: •

Initiate or engage in sexually provocative conversations or activity

•

Allow the use of inappropriate language to go unchallenged

•

Do things of a personal nature for children and vulnerable adults that they can do

•

Allow any allegations made by a child or vulnerable adult go without being reported and addressed

•

Trivialise or exaggerate child or vulnerable adult abuse issues

•

Make promises to keep any disclosure confidential from relevant authorities.

themselves

Staff should not show favouritism to any one child or vulnerable adult, nor should they issue or threaten any form of physical punishment.

Areas of practice where careful consideration and guidance from DSOis required • Travelling with children and vulnerable adults alone in a car or van however short the journey.

Where this is unavoidable, it should be with the full knowledge and consent of the parents (or guardians) for learners under the age of 18, DSO (or Director) will always need to be advised if you are intending to take any learner as a passenger in your car or van. Using a car over a van is preferable, as the child or vulnerable adult can be advised to sit in the back seat.

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Expected Staff behaviour

• Staff must respect children and vulnerable adults’ rights to privacy and encourage children and vulnerable adults to feel comfortable enough to report attitudes or behaviour they do not like • Staff will be expected to act with discretion with regards to their personal relationships. They should ensure their personal relationships do not affect their leadership role within the organisation. All pre-existing relationships between staff and children and vulnerable adults must be declared • All staff should be aware of the procedures for reporting concerns or incidents, and should familiarise themselves with the contact details of the Designated Officer (Sara Green) and the Deputy Designated person (Linda Johnson) • If a member of staff finds himself or herself the subject of inappropriate affection or attention from a child or vulnerable adult, they should make others aware of this.

• If a member of staff has any concerns relating to the welfare of a child or vulnerable adult in their care, be it concerns about actions/behaviours of another staff member or concerns based on any conversation with the child or vulnerable adult; particularly where the child or vulnerable adult makes an allegation, they should report this Sara Green who will in turn report it to Linda Johnson.

If a member of staff has been involved in an incident either within work or outside of normal work activities that could be construed as a potential Safeguarding issue, they should report this information to the Designated Safeguarding Officer

Procedure for responding to an allegation of child abuse

Recognition This procedure must be followed whenever an allegation is made that a child or vulnerable adult has been abused or when there is a suspicion that a child or vulnerable has been abused or such information has been disclosed

Respond Do not make promises regarding confidentiality. Explain to the person at the outset that you will need to report the disclosure and share the information designated Safeguarding Officer. The Designated Safeguarding Officer will, where possible, respect the wishes of the individual; however, information will be shared with the Director (Linda Johnson) and external agencies where it is judged that a person is at risk of suffering significant harm.

Report The DSO should be advised of any matter that could be regarded as a Safeguarding issue. DSO should be advised either in person or by phone as soon as possible. The designated person should also be contacted by phone; e-mails to communicate such information may only be communicated via LDT email accounts

Record A record of the incident or concern should be made in writing. If the complainant is the child or vulnerable adult him/herself, questions should be kept to the minimum necessary to understand what is being alleged and leading questions should be avoided. The use of leading questions can cause problems for the subsequent investigation and court proceedings. The record should focus on the facts

Refer The DSO/ Director will decide if the matter needs to be reported to an external agency (Adult or Children Safeguarding Boards or the Local Authority and in most cases it should only be the Designated or Deputy designated person that makes a referral. The Designated person can also seek advice from external agencies in terms of whether a referral should be made.

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In the event that neither the Designated nor Deputy designated person are not available, the person receiving the disclosure could refer to an external agency, but this is only in exceptional circumstances. The matter will be reported over the telephone to the duty social worker (or such other person as required by the local Area Child Protection Committee (ACPC) procedures or the Adult equivalent). In the unlikely event that social services cannot be reached the designated person can contact the relevant police child protection team for the area.

A written record of the report will be retained by the DSO. The written record will note the date and time of the report and must include the name and position of the person to whom the matter is reported. The DSO should discuss with the Social Services Department what action will be taken to inform the parents/guardian of the child or vulnerable adult and a note of that conversation should be made.

In any inter-agency meeting, the designated person will also retain a record of the meetings and any agreed actions and all correspondence will be securely maintained Allegations against a Member of Staff In the event there is any suspicion, allegation or apparent abuse of a child or vulnerable adult by a member of staff the matter should be reported to Programme Coordinator/DSO, who should report this to the Director. In the absence of the DSO, Linda Johnson should be contacted

On being notified of any such matter the designated persons and/or Director shall:

• take such steps as they consider necessary to ensure the safety of the child or vulnerable adult in question • liaise with the person who reported the original concern and ensure that a report of the matter is completed • report the matter to the local social service department in accordance with the procedure set out above if not already done so • notify the LDT Director • subject to the outcomes of any investigation and disciplinary reviews, LDT can report an individual to ISA(Independent Safeguarding Authority) If the Director is the subject of the allegation or complaint the matter must be reported to the designated person direct. If the allegation or complaint involves the designated person, the report must be directed to the Director/Deputy Designated person. All staff should be aware of the fact that allegations may be made against them, and that the allegation may have grounds for substantiation or not. Any such notification may result in immediate suspension of the member of staff, and may result in the application of the company’s disciplinary procedure where it is considered appropriate.

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9. LD TRAINING SAFEGUARDING CONTACTS Designated Safeguarding Officer – Programme Coordinator - sara@ldtraining.org.uk

Deputy Designated person - Linda Johnson- Director – linda@ldtraining.org.uk

Administrative Team

Sasha Devine - Information Coordinator – admin@ldtraining.org.uk

Kirsty Towell – Operations Support – kirsty@ldtraining.org.uk

Barnet Local Authority If a direct allegation has been made against a paid or unpaid worker by a child, their family or by another member of staff or if it is suspected that a worker has harmed or failed to protect a child or young person, LDT are required to contact: LADO: John-Paul Brookes – Investigations Officer 020 8359 6056 Email: johnpaul.brookes@barnet.gov.uk For all other Child Protection referrals, please contact Barnet’s Referral & Assessment Team: 020 8359 4066 / 4097 Notes for procedures for managing allegations against people who work with children where external agencies are involved and where an investigation is in place Framework for managing cases The framework for managing cases set out in the inter-agency guidance applies to a wider range of allegations than those in which there is a reasonable cause to believe a child is suffering, or is likely to suffer, significant harm. It also caters for allegations that might indicate that the alleged perpetrator is unsuitable to work with children in his or her present position, or in any capacity.

It should be used in respect of all cases in which it is alleged that a person who works with children has: • behaved in a way that has harmed, or may have harmed a child • possibly committed a criminal offence against, or related to, a child; or • behaved towards a child or children in a way that indicates s/he is unsuitable to work with children

Note there may be up to three strands in the consideration of an allegation, these being:

• a police investigation of a possible criminal offence • enquires and assessment by children’s social care about whether a child is in need of protection or in need of services • consideration by an employer of disciplinary action in respect of the individual The same process should also be followed for vulnerable adults Confidentiality Every attempt should be made to maintain confidentiality and guard against publicity while an allegation is being investigated/considered. In accordance with ACPO (child protection guidelines and regulations or AVPO (vulnerable adult protection guidelines and regulations) the police do not normally provide any information to the press or media that might identify an individual investigation, unless that person is charged with a criminal offence.

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Resignation and ‘compromise agreements’ The fact that a person tenders his or her resignation, or ceases to provide their services, must not prevent an allegation being followed up in accordance with these procedures. It is important that every effort is made to reach a conclusion in all cases of allegations bearing on the safety or welfare of children, including any which the person concerned refuses to co-operate with the process. Wherever possible, the person should be given a full opportunity to answer the allegation and make representations about it. The process of recording the allegation and any supporting evidence, and reaching a judgement about whether it can be regarded as a substantiated on the basis of all the information available, should continue, even if that cannot be done or the person does not co-operate.

It may be difficult to reach a conclusion in those circumstances, and it may not be possible to apply any disciplinary sanctions if a person’s period of notice expires before the process is complete, but it is important to reach and record a conclusion wherever possible.

By the same token, so-called ‘compromise agreements’ – by which a person agrees to resign, the employer does not pursue disciplinary action, and both parties agree a form of words to be used in any future reference- must not be used in these cases. In any event, such an agreement will not prevent a through Police investigation, nor can it override an employer’s statutory duty to make a referral to the POCA list or list 99 where circumstances require that; or as per current procedures ISA may be advised.

Record-keeping It is important LDT keep a clear and comprehensive summary of any allegations made, details of how the allegations were followed up and resolved, and of any action taken and decisions reached. These should be kept in a person’s confidential file and a copy should be given to the employee/representative. Such information should be retained on file, including for people who leave the organisation, at least until the person reaches normal retirement age, or for 10 years if that is longer. The purpose of the record is to enable accurate information to be given in response to any future request for a reference. It will provide clarification in cases where a future CRB/DBS disclosure reveals information from the police that an allegation was made but did not result in a prosecution or a conviction. It will also prevent unnecessary re-investigation if, as sometimes happens, allegations resurface after a period of time.

Timescales It is in everyone’s interest to resolve cases as quickly as possible, consistent with fair and thorough investigation. Every effort should be made to manage cases to avoid any unnecessary delay. The time taken to investigate and resolve individual cases depends on a variety of factors; including the nature, seriousness and complexity of the allegations, but there are timescale indicators that parties should endeavour to adhere to.

Suspension The possible risk of harm to children posed by an accused person needs to be evaluated and managed effectively- in respect of the child(ren) involved in the allegations, and any other children in the individual’s home, work or community life. In some cases this requires LDT to suspect a child or vulnerable adult is at risk of significant harm, or the allegation warrants an investigation by the police, or is so serious that it might be grounds for dismissal. People must not be suspended automatically or without careful thought (only the Director can suspend, unless in extreme circumstances when Linda Johnson is uncontactable the DSO may be required to do so). Employers/representatives can choose to take the recommendations from the various agencies; however they do have the right to overturn any such recommendation. Employers must consider carefully whether the circumstances of a case warrant a person being suspended from contact with children or vulnerable adults until the allegation is resolved. Note: neither the LA (local authourity), nor the police, nor the children’s social care can require LDT to suspend a member of staff. The power to suspend is vested in LDT alone.

However, where a strategy discussion or initial evaluation concludes there should be enquiries by social care and/or an investigation by the police, the LA designated officer should canvass police/social care views about the accused member of staff needs to be suspended from contact with children, to inform the employer’s consideration of suspension.

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10. MONITORING PROGRESS

The LADO (Local Authority Designated Officer) should regularly monitor the progress of cases; either via review strategy discussions, or by liaising with the police and/or children’s social care colleagues, or the employer as appropriate. Reviews should be conducted fortnightly or monthly intervals, depending on the complexity of the case.

If the strategy discussion or initial evaluation decides that a police investigation is required, the police should set a target date for reviewing the progress of the investigation and consulting with the CPS to consider whether to charge the individual, continue to investigate or close the investigation. Wherever possible, that review should take place no later than four weeks after the initial action meeting. Dates for subsequent reviews, at fortnightly or monthly intervals, should be set at the meeting if the investigation continues For clarification it should be noted that: •

• •

A Police and criminal investigation will need to have evidence beyond reasonable doubt to take a case to court and in this particular case should the Police think it possible that there is a criminal case to answer they will have to work closely with the Crown Prosecution Service, due to the historical nature of the alleged abuse and the time delay in reporting such allegations. This could result in added time and could mean this investigation could take several months A child protection inquiry investigation does not have the same level of burden of proof and such an investigation can make recommendations based on the balance of probability For an employer to take disciplinary action (suspension would not be regarded as a disciplinary action or necessarily a pre-cursor to any disciplinary action) in the case of Safeguarding a suspension can be utilised to protect both the individual concerned from any added pressures or false allegations and also the employer has a legal duty to protect other staffs and learners. For an employer to take action, the burden of proof is does the employer reasonably believe such actions have taken place and in the case of Safeguarding, behaviours of the person in question are not suitable or acceptable for the nature of work and that children and vulnerable adults and others could potentially be at risk.

Work Placement and Work Experience Employers and training organisations will be asked to cooperate with LDT in putting in place and subscribing to appropriate safeguards.

Where a placement is long term or meets the criteria laid out in “Safeguarding Children and Safer Recruitment in Education 2007, DCSF” LDT will ensure that additional safeguards are in place, these may include: • Staff arranging placements will have had training in safeguarding and child protection • Training organisations will be asked to make a commitment to safeguarding learners’ welfare by endorsing an agreed statement of principles.

Vetting and CRB/DBS checking any person whose normal duties will include regular caring for, training, looking after or supervising a child in the workplace where that person has been specifically designated to have responsibility for such activities It is important to note that ultimate responsibility still sits with LDT as the educational provider.

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Apprentices and Work-based learning Apprentices are considered as having employed status from day one. They have this policy as part of the induction pack that is discussed with learners and employers at the start of the programme. This then forms part of the review process carried out every 8 weeks with the employer and learner, to include safeguarding. This is to increase their awareness and give them a greater understanding of safeguarding issues and policies.

LDT ensures that, where an Apprentice is placed with an employer, the employer understands their responsibilities for safeguarding. We will undertake a health and safety risk assessment and ensure that all employers have equality and diversity and health and safety policies in place.

Third Party Training Providers Where a sub contracted training provider is used to deliver any aspect of training, LDT checks that they have robust safeguarding procedures in place. This is comprised of a single point of contact for safeguarding, all staff CRB/ checked, all staff (including the single point of contact for the organisation) are trained in safeguarding and employer premises are risk assessed with appropriately qualified staff undertaking risk assessments.

Adult and Community Learning ACL courses adopt LDT policies and procedures ensuring materials reflect the local situation when external venues are used. In particular the ACL work will include appropriate risk assessment, safeguarding compliance, health and safety checks and training for all staff

Visitors LDT ensures that visitors are booked in at reception area, and aware of LDT safeguarding and health and safety requirements.

LDT Publications LDT will include details of its Safeguarding procedure in all future key LDT documents and materials. This will include: • website • Information sheets for providers • Recruitment literature for staff vacancies • Staff induction materials • Referring to safeguarding duties in all job descriptions

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11. APPENDIX A – INDICATORS OF POSSIBLE SIGNIFICANT HARM POSSIBLE SIGNS OF PHYSICAL ABUSE • Unexplained injuries or burns, particularly if they are recurrent • Injuries not typical of accidental injury • Frequent injuries even with apparently reasonable explanations • Improbable or conflicting explanations for injuries • Refusal to discuss injuries • Admission of punishment which appears excessive • Fear of parents/carers being contacted • Bald patches • Withdrawal from physical contact • Arms and legs kept covered in hot weather • Fear of returning home • Fear of medical help / parents not seeking medical help • Self-destructive tendencies • Aggression towards others • Chronic running away • Frequently absent from college

POSSIBLE SIGNS OF EMOTIONAL ABUSE Probably the most difficult type of abuse to recognise.

• An emotionally abused person is often withdrawn, introverted and depressed • Admission of punishment which appears excessive • Over-reaction to mistakes • Sudden speech disorders • Fear of new situations • Inappropriate emotional responses to painful situations • Neurotic behaviour (e.g. rocking, hair twisting, thumb sucking) • Self mutilation • Fear of parents/carers being contacted • Extremes of passivity or aggression • Drug/solvent abuse • Chronic running away • Compulsive stealing • Scavenging for food or clothes • Continual self depreciation • Air of detachment – ‘don’t care’ attitude • Social isolation – does not join in and has few friends • Desperate attention-seeking behaviour • Eating problems, including over-eating or lack of appetite • Depression, withdrawal

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POSSIBLE SIGNS OF SEXUAL ABUSE • Demonstrate sexual knowledge or behaviour inappropriate to age/stage of development, or that is unusually explicit • Wetting or other regressive behaviours e.g. thumb sucking • Inexplicable changes in behaviour, such as becoming aggressive or withdrawn • Stop enjoying previously liked activities • Be reluctant to undress for PE • Become fearful of, or refuse to see, certain adults for no apparent reason; show dislike of a particular tutor, support worker, carer, relative or other adult • Draw sexually explicit pictures • Urinary infections, bleeding or soreness in the genital or anal areas • Soreness or bleeding in the throat • Chronic ailments, such as stomach pains or headaches • Take over the parental role at home; seem old beyond their years • Develop eating disorders, such as anorexia or bulimia • Depression, suicidal thoughts • Poor self-image, self-harm, self-hatred • Physical discomfort • Use drugs or drink to excess • Unexplained pregnancy • Memory loss • Frequent running away • Restricted social activities • Find excuses not to go home or to a particular place • Have recurring nightmares/be afraid of the dark • Be unable to concentrate; seem to be in a world of their own • Have a ‘friend who has a problem’ and then tell about the abuse of the friend • Sudden changes in college work habits, become truant • Withdrawal, isolation or excessive worrying • Outbursts of anger or irritability • Unexplained sums of money • Act in a sexually inappropriate/harmful or seductive way towards others POSSIBLE SIGNS OF NEGLECT • • • • • • • • • • • • • • • • • • • • •

Constant hunger Poor personal hygiene Inappropriate clothing, clothing in a poor state of repair Frequent lateness or non-attendance at college Untreated medical problems Low self-esteem Poor social relationships Compulsive stealing Constant tiredness Emaciation Destructive tendencies.

Neurotic behaviour (e.g. rocking, hair twisting, thumb sucking) Chronic running away Scavenging for food or clothes Be unable to concentrate; seem to be in a world of their own Have a ‘friend who has a problem’ and then tell about the abuse of the friend Sudden changes in college work habits, become truant Withdrawal, isolation or excessive worrying Outbursts of anger or irritability Unexplained sums of money Act in a sexually inappropriate/harmful or seductive way towards others

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IN ADDITION TO ALL THE ABOVE SIGNS A CHILD OR VULNERABLE ADULT MAY DISCLOSE AN EXPERIENCE IN WHICH HE/SHE MAY HAVE BEEN HARMED, OR THERE MAY BE ANY OTHER CAUSE TO BELIEVE THAT A CHILD OR VULNERABLE ADULT MAY BE SUFFERING HARM. APPENDIX B - SAFEGUARDING REFERRAL FLOWCHART

Member Of Staff or Student Has Concerns About Safeguarding Issue

Concerned person makes a written record of relevant information / incident on a cause for Concern form (found on LDT Safeguarding file on server)

Does the incident/ information involve an allegation against a member of staff

NO YES

Concerned person reports matter to Concerned person reports matter to Designated Senior Officer or Deputy DSO Designated Senior Officer or Deputy DSO

NO YES

DSO or DDSO takes steps considered necessary DSO or DDSO will refer to appropriate to ensure the safety of the child or vulnerable manager/ senior manager/ external agencies adult in question and any other child or as necessary vulnerable adult that may be at risk

Is it straight forward referral?

NO YES DSO or DDS) discusses matter with CSF or ACS DSO or DDSO contacts Child Protection at CSF if requiring guidance or ACS to make a referral

NO YES

DSO or DDSO makes accurate records and informs Deputy Principal and relevant staff involved with student

Monitoring put in place with relevant staff. Re-refer if further issues arise

Support team created as appropriate for learner

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APPENDIX B – EXAMPLE OF COMPLETED SAFEGUARDING PRO-FORMA CONCERN FORM Learner Name : William re DOB : 17.10.1993

Male/Female :

Ethnic Origin :

Disability Y/N :

Male Date and Time of Concern : 14.01.10 15.30

White British

None

Your Account of the Concern : (what was said, observed, reported and by whom)

Additional Information : (your opinion, context of concern/disclosure)

Your Response : (what did you do/say following the concern)

Your Name :

Your Signature :

Your Position in LDT:

Date and Time of this Recording : 14.01.10 16.30 Action and Response of DSP

Name: ………………………………………………………..Date:………………………..

A Tutor asked William “if he was ok” after the lesson. He disclosed that he’d had a fight with his Dad. He said he had bruises on his arms stating his Dad had grabbed him during their argument William disclosed to tutor that he was upset following an argument. He also disclosed physical bruising (did not show the bruises) stating that they were from his Dad. He said that this had never happened before and his Dad had been very upset about it all.

This is William’s 2nd year and he has not expressed concern or mentioned such instances in the past. Dad has good contact with tutors and has been very supportive throughout William’s course.

Tutor explained to William that the information would need to be passed on to the DSP owing to the nature of what he had disclosed. Tutor explained that we were there to support him as a college and would keep him informed of any actions we take.

Concern form completed and passed directly to DSP A Tutor

Assessor

PLEASE PASS THIS FORM TO YOUR DESIGNATED PERSON FOR SAFEGUARDING (SARA GREEN)

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