Child Protection Policy and Procedures
WHAT TO DO IN THE EVENT OF AN INCIDENT OR SUSPICION OF CHILD ABUSE: Refer to the attached Child Protection Procedures
THE FOLLOWING SECTIONS PROVIDE FURTHER DETAIL AND FORM PART OF PRIORITY’S CHILD PROTECTION POLICY
A1 Priority has a duty to ensure that the children in its care are protected from actual or potential abuse. The purpose of this policy is to provide clear instructions to people working within the organisation about handling incidents of suspected or actual child abuse.
A2 For the purposes of this document the term’s “children” and “young people” are interchangeable. Specific pieces of legislation may define these terms differently, however Priority has adopted the definition of “child” as outlined in the United Nations Convention on the Rights of the Child, as a person under the age of 18 years old.
A3 For the purposes of this document the term “worker” applies to anyone engaged by the organisation to work with children and young people, whether on a paid or voluntary basis.
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B Statement of Intent
B1 Priority believes that it is every child’s right to live in a caring and safe environment. We are committed to protecting children & young people using our services from abuse. We are committed to ensuring that the occurrence of child abuse is prevented, and where it does occur; we are committed to ensuring it is not allowed to continue.
Priority is committed to working within the framework of childcare legislation, regulations and guidance. We will give every assistance to local authority social services departments in carrying out their statutory child protection duties.
Priority will uphold this statement by: -
Ensuring that all workers are conversant with the Child Protection Policy and Procedures and understand the mandatory nature of them;
Ensuring that all workers are able to act responsibly when they encounter actual or suspected abuse;
Ensuring that each service has a link worker who is responsible for working with statutory and voluntary agencies to promote good practice in the area of child protection.
Ensuring that children and young people receiving Priority services have clear access to trusted individuals outside of the organisation and independent of it.
Ensuring an accessible Complaints Procedure, including a separate procedure for complaints which may constitute possible significant harm to children.
Priority will commit itself fully to the promotion of children’s welfare and their protection from significant harm, and to consulting with and referring to Social Services where concerns about possible significant harm to children arise.
C1 All children have a right to protection from abuse of all types and to expect that adults in positions of responsibility will do everything in their power to foster these rights. The need to keep children safe and protect them is the paramount consideration in all our work.
C2 All allegations of child abuse will be taken seriously and understood from the viewpoint of the victim.
C3 Through our work we seek to empower young people and children by valuing their opinions, ensuring that they are aware of the choices that they can make in any given situation, and by responding to their rights to be involved in decisions about their future. This principle will always be exercised within a framework of protecting a child from harm.
C4 It is important that there is trust between service users and Priority. However it must be clear that the interests of child(ren) must take precedence if there are any child protection issues.
Where the child is the primary client their interests must be considered separately from the interests of the parent/s. The desire to work along side the parent/s must never be allowed to impede the child protection process.
C5 Priority will work alongside other professionals, on a multidisciplinary basis to promote good practice and meet the objective of effectively protecting children.
C6 In all our work Priority will take into consideration the sensitive issues that may arise when working with people of differing race, religion, language, culture, gender, physical and mental abilities.
C7 All workers should remember that duties to protect children apply to all children and young people, not just those with whom we have a direct relationship. This should be remembered when supporting service users. We may become aware of child protection issues for children we have never met, e.g. a service user’s younger sibling their children.
D Nature of Child Abuse
D1 Definitions of Abuse
D1.1 The Dept of Health “Working Together to Safeguard Children” (1999) offers guidance to statutory agencies for deciding on what basis children should be put on & taken off the Child Protection Register. The categories for registration are outlined below. A local Authority may use more than one category:
Neglect: is the persistent failure to meet child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child health or development.
It may involve a parent or carer failing to provide adequate food, shelter and clothing, failure to protect the child from physical harm or danger, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
Physical Abuse: May involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused by a parent or carer feigns the symptoms of, or deliberately causes ill health to a child whom they are looking after. This symptom is commonly described using such terms as fictitious illness by proxy or “Munchausen Syndrome by Proxy”.
Sexual Abuse: involves forcing or enticing a young person to take part in sexual activities, whether or not they are aware of what is happening. The activities may involve physical contact, including penetrative (e.g. rape or buggery) or non-penetrative acts. They may include non-contact activities, such as involving children in looking at, or in the production of, pornographic material, or watching sexual activities, or encouraging children to behave in sexually inappropriate ways.
Emotional Abuse: is the persistent ill treatment of a child such to cause severe and persistent adverse affects on the child’s emotional development. It may involve conveying to the child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on a child. It may involve causing children to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of ill treatment of a child though it may also occur alone.
D1.2 Priority adopts the definition of abuse as defined in Barnardo’s and NACRO Child Protection Policy, which follows:
A child or young person is abused when another individual (adult or child), who is in a greater position of power than the victim (by virtue of age, experience and/or emotional maturity and/or gender and/or physical strength), abuses that power/trust and exposes the child or young person to neglect, physical injury, sexual and/or emotional abuse.
D2.1 There may be some cases where a child presents on a single occasion with injuries that immediately arouse suspicion of abuse. In all such cases these injuries should be treated as potential evidence of child abuse and should set in train an investigation within local child protection procedures.
D2.2 It must be understood by all that child abuse is seldom as simple as that outlined in the case outlined in D2.1. In the majority of cases abuse can only be fully understood and recognised in a historical context and evidence of child abuse must be seen as cumulative. It is not only what is happening now that should be judged as possible evidence of abuse, but also what is known from the past. It is imperative that Priority keep records in such a way that cumulative evidence of child abuse can be seen.
Examples of possible evidence of abuse may include physical and behavioural signs and signals, comments made by the child, or noticing a pattern from records. Reference should be made to the local authority’s guidance on the “signs and signals” of possible abuse and risk factors. A copy South Gloucestershire’s Guidance is kept attached as Appendix 1.
D3 Abusers
D3.1 The perpetrator of child abuse can be anyone who is in a position to exert power over a child, including a natural parent, step-parent, relative, foster carer, a partner, respite carer, adoptive parent, teacher, member of staff, sibling, friend or neighbour.
Children are most often abused by those who are close to them, and who have direct care of them, that is, parents and other family members, or care givers. They may also be abused by other children, by strangers, or by professionals who may do so in the guise of ‘helping’.
D3.2 When a child has been abused the role of others in the household must be considered. Some parents/carers will have been totally unaware of the abuse and may need support to help come to terms with it. Others may have co-operated with the abuse or coerced into accepting it.
D3.3 All workers should be alert to any signs that a colleague, both employees of Priority and employees of other organisations, is behaving inappropriately in relation to a child. Any such suspicion should be discussed with a senior member of staff, who will consider it in light of these procedures. The senior member of staff will decide where applicable, to follow our internal procedures or inform the agency to whom the colleague is attached. See also Sections “M” and “P” of this policy.
E1 In England and Wales it is local authority social services departments that have a duty to investigate or cause to be investigated, all cases of suspected child abuse. The two other agencies that have power to investigate child abuse are the police and the NSPCC. The role of Priority workers who have possible evidence of child abuse is to pass this information on to social services departments to enable them to carry out their investigative duties. There may be circumstances, where the local authority is unable to respond and the child is in immediate danger that requires direct investigation by the police or NSPCC. Whenever information is passed to the police or the NSPCC the local authority social services department must be informed.
E2 All Priority workers have a responsibility to take reasonable and practical steps to protect children from abuse. Staff will be adequately trained, and feel able to act in good faith and use their own initiative to take common sense steps and decisions to protect a child. As a matter of course any decisions relating to child protection should be taken in consultation with line management, however when this is not possible and the child is in immediate danger, staff should feel empowered to take any appropriate action. They should report any steps taken to their line manager as soon as possible.
E3 Priority has a duty to ensure that children in their care are properly supervised and protected from accidental harm. All workers must follow health and safety procedures at all times.
Section 17 of the Children Act 1989 places a general duty on the local authority, to safeguard and promote the welfare of children in their area, and specific duties to provide services to children to prevent them from suffering ill treatment or neglect and to promote the upbringing of children within their own families.
The Children Act 1989 introduced the concept of ‘significant harm’ as the threshold that justifies compulsory intervention in family life in the best interests of children. Section 47 of the Children Act places a duty on the local authority, via the Social Services Department, to make enquiries or cause enquiries to be made where it has “reasonable cause to suspect that a child is suffering, or is likely to suffer significant harm”. Where the local authority makes enquiries under Section 47, the Children Act places a duty on other agencies to assist them with these enquiries.
F General Procedural Requirements
F1 Working in partnership with Local Authorities
Each Priority service will have a named contact person who is responsible for developing a formal link between the local authority and the project, the aim of which is to promote a clear understanding of accountability and procedures.
Current named contacts: Bristol Housing and Support Services Manager
South Gloucestershire Area Manager
In the absence of the above named contacts the Director will act as the named contact.
F2 A Child Protection Statement for Service Users has been developed. This statement will be included in the information given to service users.
G1 Child protection issues must form a part of induction, training, supervision and appraisal process.
Child Protection training will be available to all relevant staff.
Designated managers within the organisation (see F1) will be trained in Child Protection procedures. In South Gloucestershire and Bristol Priority are contracted by Social Services to deliver services to young people at risk and all relevant staff will undertake Child Protection training offered by the local authority.
H Record Keeping
H1 Any records must be kept accurate and factual. Records relating to suspected, possible or actual child abuse must be signed and dated by the worker making the entry. When recording information workers must be sensitive to the fact it may be shared with parent/s.
H2 Where a Priority worker has concerns about possible significant harm to a child, the concerns must be clearly recorded and discussed with the worker’s line manager. Where the line manager is not available the concerns should be discussed with another named contact person listed in F1, or if they are not available with the Director.
H3 The only professional qualified to diagnose whether a physical injury is the result of child abuse is a professionally trained medical practitioner. Expert advice will therefore be required, through the local child protection procedures, where there is suspicion of non-accidental injury. Where there are concerns that an injury to a child may be the result of abuse, workers must record, in detail, any known history of the injury, in order that any physical findings can be assessed in relation to the explanation given.
H3 Where a worker has concerns about the welfare of a child, records should include both positive and negative developments e.g. they should record concerns, but also factors that alleviate previous concerns.
H4 Records may show patterns that are of concern or provide corroborative evidence when abuse is suspected. It is important that all records are kept up to date. Where there are concerns of possible or actual child abuse, records must be reviewed and signed by the worker and/or their manager on a regular basis.
H5 Where a child is subject to a child protection investigation, a care order, or is otherwise deemed to be at risk of abuse, it is imperative that Priority obtain an agreed working protocol with the local authority social services department. This should include a written plan, produced by the Social Services Dept, on which all work with that child is based.
J1 Priority will ensure that victims of child abuse are supported at the time of crisis and on an on-going basis. Where we are unable to provide this support ourselves we will endeavour to refer service users to appropriate support agencies.
J2 Priority will ensure that parent/s using are services receive adequate and proactive support. Where we are unable to provide this support ourselves we will endeavour to refer service users to appropriate support agencies.
J3 Priority acknowledges that child abuse and child protection can be traumatic and emotionally draining. Support will be offered to staff through supervision with their line manager and where appropriate through counselling.
K Young People over 16 years of Age
K1 Young people aged 16&17 years old are entitled to receive protection under child welfare legislation. Whilst some local authorities may be reluctant to act in cases of abuse involving 16 & 17 year olds, it should be remembered that they have a duty to do so. The guidelines that apply to children under 16 years old should broadly apply to this group.
K2 Whilst acknowledging this, Priority must take into account the young persons maturity and ability to participate in the process of their own protection.
K3 Priority upholds a young person's right to a response appropriate to their age and self-determination, however this must always be considered within the framework of protecting them from harm.
K4 Children and young people under the age of 18 who are involved in prostitution may be at risk of significant harm, and if we suspect that a young person under 18 is involved or at risk of becoming involved in prostitution, a referral following the local authority’s child protection procedure should take place.
Notes from South Gloucestershire’s Procedure Manual for Children Abused by Prostitution are attached as Appendix 2.
L Good Recruitment Practice
L1 Priority acknowledges that recruitment plays a key role in successful child protection.
L2 All workers whose job description/remit meets the criteria of Home Office Circular 42/94 will be required to provide criminal records statements prior to their engagement and will be subject to checks through the Criminal Records Bureau (the Government’s “Disclosure Service”). Checks will be renewed every 3 years.
L3 All successful applicants should sign a declaration stating that there is no reason why they should not be considered suitable for work with children.
L4 Successful applicants must declare all past convictions or pending cases against them, including spent convictions. Priority will treat this information in a confidential manner, and only offences that put children at risk will be considered as a reason to refuse employment.
L5 Application forms will require the full employment history of applicants, including gaps, and any gaps or inconsistencies in employment histories will be followed up.
L6 References will be followed up and checked.
L7 Verification of identity, and where appropriate qualification documents, will be carried out.
L8 All short-listed applicants for paid or voluntary work must undergo a formal interview.
L9 Checks will be carried out for non-staff personnel with unsupervised access to children, including volunteers, students on placement, consultants and independent visitors.
Reference should be made to Priority’s Recruitment Policy (currently under review).
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M Conduct of Workers
M1 All workers must abide at all times by Priority’s “Code of Conduct” and “Guidelines on Staff and Service User Contact”.
M2 Workers should not form social relationships outside of our service specification. Workers should not take young people to their homes, or give out their personal telephone numbers. To do so may be viewed as a disciplinary matter.
M3 Every user should be treated equally.
M4 Any inappropriate behaviour towards workers by a young person should be recorded, and if this behaviour was witnessed by others this should be recorded.
M5 Workers should avoid giving lifts to young people except to assist in the provision of housing and support services, or as part of organised activities.
M6 Workers should not enter into a close relationship, physical, emotional, or sexual, with any of our service users. This will be viewed as a disciplinary matter. To enter into a relationship with any service user outside the boundaries of our service specifications will result in disciplinary action and may be considered as gross misconduct. Where the relationship is of a sexual nature and the Service User is above the age of consent, but less than eighteen years of age Priority will work within government guidelines to secure a criminal conviction.
M7 Workers must never threaten or physically punish children or young people in their care. Any use of corporal punishment is not permitted. This will be viewed as a disciplinary matter.
The term corporal punishment should be taken to include: any application of force as a punishment; slapping; throwing missiles; rough handling. The term corporal punishment should also be taken to include punching or pushing in the heat of the moment in response to violence from young people. It does not prevent a worker from taking necessary physical action where any other course of action is likely to fail to avert the immediate danger of personal injury to the child, the worker or another person, or the immediate danger to property.
N Child abuse and the Internet
N1 There has been a huge increase in the use of the Internet for purposes of child abuse, and in the possession and availability of indecent images of children. Many depict sexual abuse of children.
Adults also use the Internet to initiate contact with children hoping to ‘groom’ them for abusive relationships. Some adults use chat rooms to communicate with each other regarding child abuse.
N2 The Law
· Possession of indecent images of children under the age of 16 is an offence.
· It is also an offence to make, distribute or show such images or possess them with a view to distribution.
These offences can be committed via the Internet.
Any concerns regarding the use of the Internet to access indecent images must be reported to a line manager (see F1). The Finance Manager, who has overall responsibility for computer use at Priority, must also be informed.
If it is discovered that someone is accessing the Internet for any uses relating to the abuse of children, as outlined above, the relevant Priority manager (see F1) must inform the Police. The police will need to consider whether that person might be involved in the active abuse of children
P1 All allegations or suspicions of abuse by a Priority worker will be taken seriously and treated in accordance with Child Protection procedures. Investigation of such allegations will include consideration of:
· Child Protection issues relating to the welfare and safety of individual children who are, or may be, involved
· Police investigation of possible criminal offences
· Disciplinary procedures where it appears that the allegation may amount to misconduct or gross misconduct on the part of a staff member.
P.2 Allegations of possible child abuse against a member of Priority staff should be referred to the relevant manager responsible for child protection issues (see F1). Where the allegation concerns a manager then the Director should be informed directly. If for some reason this is not possible you should speak to the Chairperson of the Board of Priority Youth Housing. Where the Director or a Board Member are themselves involved you should refer the matter directly to the Manager responsible for Child Protection at Social Services.
P.3 The Senior Manager/Director/Chair of the Board will reach a decision within 24 hours of the concerns coming to light on how to proceed. This decision will be reached in consultation with another senior manager or Board Member. Where there is any concern of possible child abuse by a member of staff then the relevant Manager or Board member will refer the matter to the Manager responsible for Child Protection at Social Services as soon as possible, and within 24 hours of the concern coming to light, as a maximum.
P.4 Staff subject to allegations of abuse will be offered as much support as is possible without compromising the investigation or its outcome.
P.5 Priority will ensure that Social Services or the Police are given all assistance in pursuing any investigation in accordance with Child Protection procedures.
Staff should also refer to Priority’s policy on Confidential Reporting.