SAFEGUARDING POLICY - CHILDREN AND VULNERABLE ADULTS
Introduction
Options recognises its responsibilities to protect the young and vulnerable people that come into its care and that the overall welfare of the young person is of paramount importance. We must also be mindful of the fact that within the context of providing our services we may come into contact with young or vulnerable people who may be victims of neglect and physical, sexual or emotional exploitation and/or abuse.
Moreover, Options recognises the need to protect its Trained Listeners and other volunteers from false accusation.
The aim of this policy is:
• to help Options’ staff/volunteers understand the special considerations to take into account when providing services to children and young people.
• to help Options’ staff / volunteers to respond appropriately where abuse is disclosed or discovered.
• to help our staff/volunteers identify signs of abuse in circumstances where no allegation is made; and
• to develop safe working practices with young people.
• Any allegation or suspicion of neglect, physical or emotional abuse should not be discussed with anyone other than the Safeguarding Lead (Centre Director – Nikki Mellard 0208 540 7675) or the Safeguarding deputy (Operations & Volunteer Manager – Rosie Gulliford 07957 238 253) if Safeguarding lead is not available.
• Volunteers can also call Christian Safeguarding
Policy For Working with Children And Young People Under Eighteen
Guidelines
When providing services to children and young people under eighteen, we should consider the following principles:
A child or young person is not an adult
Approaches to young people need to reflect the fact there are intrinsic differences between adults and children, and between children of different ages. In all interactions with young people under the age of 18, consideration will need to be given to: differences in legal competence, age appropriateness, parental responsibility, confidentiality and exposure to, as well as protection from risk, and '‘significant harm'’.
The overall welfare of the individual child or young person is of paramount importance
The overreaching principle which should guide us at all times when working with children and young people, is that of the welfare of the child. This principle is set out in UK law in the Children Act 2004 and international law in the UN Convention of the Rights of the Child.
Each young person is unique and should be worked with on an individual basis.
All professionals and agencies offering services to young people should have the best interests of the individual child or young person as their paramount concern. Putting the welfare of the child first and meeting the needs of an individual child may require some flexibility in the responses of professionals, parents, services or other adults. Sector loyalties or service rivalries should not be allowed to dictate the development of services where the best interests of the young person are best met by joint working.
The views of the young person are of central importance, and should always be sought and considered
Article 12 of the UN Convention on the Rights of the Child and the Children Act 2004 places emphasis on the need for those taking decisions in relation to a child to ascertain the child’s views and wishes. The child’s views should be listened to and given weight according to the child’s age and maturity. The expressed views or opinions of the child may, in some cases, not be the same as the professional assessment of their best interests. In such instances the child’s views (as expressed by the child) and the child’s best interests (as determined by professionals/trained advisers etc.) must both be taken into account and balanced in reaching a decision. Where a decision is made to act against the child’s declared wish, this should normally be discussed with the child and an explanation given.
The need to respect parental responsibility when working with a young person
Remember that there will be an adult with parental responsibility for virtually every young client. The education, involvement and support of parents or carers may be beneficial to successful work with young people, and parental consent may be required before intervening.
Recognise the role of, and co-operate with, the local authority in carrying out its responsibilities towards children and young people
Local authorities have a responsibility to ensure that appropriate services are provided for children in their area who are ‘in need’ and to investigate and protect children who are ‘suffering’, or at risk of suffering, ‘significant harm’.
Services must be child-centred
Interactions and interventions must be appropriate to the age, maturity and level of development of the individual child or young person. Services should be attractive to young people, respecting their individual needs, lifestyle, gender, ethnicity, culture and beliefs. Consideration must be given to the accessibility of services to young people, particularly opening times (whether during or after school hours); location; age-appropriate publicity and information; and ensuring contact with hard to reach young people.
Options must be competent to respond to the needs of the young person
Options’ staff should be competent to work with children, adolescents and families.
Options should aim to operate, in all cases, according to the principles of good practice
Options must operate within the current legal framework, respecting the underlying philosophy of the Children Act 2004 and the UN Convention of the ‘Rights of the Child’. It should also reflect accepted, evidence-based effectiveness. Options is responsible for being aware of the latest locally and/or nationally established policy and guidance on working with young people.
“The child’s welfare is paramount” (The Children Act 2004)
As noted above, it is a statutory requirement that all professionals and agencies offering services to young people should have the best interests of the individual child or young person as their paramount concern. For Options, this means that we must seek to respond to each individual in the way we honestly believe to be in their best interests. In identifying the best interests of the child, we will need to consider the impact upon confidentiality and parental consent.
Balancing Welfare and Confidentiality
Options' Confidentiality Policy, and particularly the limits of confidentiality, should be appropriately explained to children or young people at the earliest possible opportunity in our contact with them.
While we generally assure confidentiality to our clients, there are exceptions. If we learn the identity of an abuser and children may still be at risk, then we acquire responsibilities too. Responsibility for the protection of children may well outweigh our duty of confidentiality to a client. This is also the position of other professionals, e.g., doctors and social workers.
Specifically, Options should aim to expressly agree this position with our clients by entering into a counselling contract with the client that states wording such as the following:
“There might be occasions when, because of what you tell us, we feel that either you, or someone else, particularly a child, is at risk of serious harm. In such circumstances, we might need to share our concern with your doctor or the social services department, but we would tell you if that was the case and what we propose saying to them.”
Each case will be assessed, and any action taken in accordance with our policy on confidentiality. In the event that we decide that our duty to protect the welfare of a young person requires confidential information to be shared outside Options, we must share that confidential information in accordance with the procedure for breaking confidentiality to protect children as set out below.
Balancing Welfare and Parental Consent
Before any information, advice or other assistance is given without parental consent, we will need to be satisfied that:
1. The young person has the ability and understanding to receive such information, advice or assistance according to Fraser guidelines1
1 In l985, Lord Fraser said in judgement of the Gillick case (1) that a doctor can give contraceptive advice or treatment to a person under 16 without parental consent, providing the doctor is satisfied that:
The young person will understand the advice;
2. Everything possible has been done to encourage the young person to inform those with parental responsibility that they are seeking information, advice or assistance, where this might be an issue.
3. Where the young person is unable or unwilling to inform those with parental responsibility that they are seeking help, we will only supply the young person with that information, advice or assistance if we believe it is in their best interests for us to do so.
Options is committed to ensuring that our staff is competent to recognise where there is concern for the welfare of a child. To this end arrangements will be made for members of staff to attend an attend an appropriate training course e.g., a Foundation Training Course put on by the Merton Local Safeguarding Children Board.
Procedure for Breaking Confidentiality to Protect Children
Where, on the basis of information told to us by a client, a member of our staff has reasonable cause to suspect that a child or young person under the age of 16 years is suffering, or is at risk of suffering, significant harm, that member of staff should make a note of this suspicion, with the date and time on the client contact form. Unless for some good reason they consider it inappropriate, they should inform the child of this and discuss with them what must be done.
Staff should understand that this could be a vital time in which to alert social workers of underlying factors that could lead to child abuse. Even if you are in doubt, you should operate on the understanding that it is better to mention your concern than to keep silent. Under these circumstances you should share your concerns with the Centre Director, making a note of the date and time.
On receiving such notification, the Centre Director, will, if required, take advice from Christian Safeguarding Services (CSS)0116 218 4420. If a referral is made, note will be made of the name of the person spoken to at Social Services together with the date and time they were contacted.
After a referral has been made by Options, it is recognised that Social Services have a duty to investigate the report and that we may be asked, along with other agencies, for co-operation during the investigation. Complete co-operation will be given in all circumstances. If Social Services decide to call a case conference, the most appropriate member of the Options staff team will attend if we are asked to be present.
Procedures for dealing with a disclosure
The young person cannot be persuaded to tell their parents or to allow the doctor to tell them that they are seeking contraceptive advice;
The young person is likely to begin or continue having unprotected sex with or without contraceptive treatment;
The young person’s physical or mental health is likely to suffer unless they receive contraceptive advice or treatment;
It is in the young person’s best interests to give contraceptive advice or treatment.
These guidelines are now known as the Fraser guidelines. They represent good practice for all health professionals.
(1) Gillick v Wisbech and Norfolk AHA (1985) A11 ER 402 HL
Process
A child (under 18) or young or vulnerable person who is the victim of a form of abuse (sexual, physical, domestic etc.) may want to talk to a member of Options’ staff about their situation because they feel that they can trust that person. When information about abuse is shared with us, this becomes a ‘disclosure’ of abuse. Almost invariably by the time this stage is reached, Options’ Confidentiality policy, and particularly the limits of confidentiality, should have been appropriately explained to them.
If you suspect that your client may wish to make a disclosure, bear in mind the following:
• In order most effectively to help the client initially, encourage her to talk without feeling the need to identify the perpetrator. She is coming to you in a very vulnerable state. Your attitude towards her needs to be one of respect and acknowledgement that the information she shares is hers that she understands what she has shared, remembering it is her choice what she tells you.
• Once the relationship is established and the facts known, encourage her to give details – names etc., being careful not to put words into her mouth or ask leading questions to “establish” facts which may be allegations, but untrue. In the case of abuse disclosed by a child, and in particular if other children appear to be at risk, she needs to understand that this will lead to the involvement of the statutory authorities.
• Emphasise that she is not to blame for the abuse and that the authorities are there to protect her and other children.
You will need to notify the Centre Director and take advice from an outside agency – e.g., in respect of abuse of children, Christian Safeguarding Services (CSS) 0116 2184420. They will confirm advice in writing, as to whether the abuse should be reported and to whom.
• Ensure that police or Social Services are informed, if possible by the young person herself, perhaps with you offering to go with her.
• If she is unwilling, tell her that you may have to report it. Reassure her that you will tell her who you will be talking to and what you will be saying.
• Never promise absolute confidentiality. Explain the difference between good and bad secrets. Assure her that you will not tell anyone without first telling her what you are going to say and to whom.
• If a client has disclosed details of child abuse but the client is no longer a minor, the decision to report abuse rests with her, unless other children are at risk from her abuser. In that case you should follow the above procedures
• If the client has disclosed details of child abuse but she is no longer a minor, and the abuse is still continuing but she is not willing to tell anyone else and no children are at risk, help her to devise strategies to minimise the abuse. This could involve finding alternative accommodation for someone 16 years old and over.
• Make an accurate record of each conversation to include your comments, her responses, carefully dated and signed by you (not the client). Keep all hand-written notes securely even if subsequently typed up. Aim to make your record within one hour whilst your memory is fresh.
Conclusion
Your aim is to present choices and explain to the client why it might be important for what they have experienced to be investigated. If the child is at risk of significant harm we have a legal duty to report this to the relevant authorities.
Your priority is to:
• Gain the client’s confidence.
• Gather valuable information.
• Protect the client from further harm (especially if a minor).
• Identify and respond to risks in a timely manor
Don’t:
• Try to cover up or contain the facts to protect the abuser, the family, your centre, a local church or other agency.
We all need to appreciate that dealing with child abuse or a disclosure of abuse of a vulnerable adult is an emotionally upsetting experience. If you find yourself dealing with such a case, you are strongly encouraged to seek support and express your feelings in confidence to your supervisor and/or the Centre Director.
Recognising And Responding to Child Sexual Exploitation and/or Abuse
Sometimes a child or young adult will, for whatever reason, not disclose that they are being abused but you may still be concerned that they are the victim of abuse. The following signs may or may not be indicators that abuse has taken place, but the possibility should be considered if one or more of these signs is present:
Signs of Possible Physical Abuse
• Any injuries not consistent with the explanation given for them.
• Injuries which occur to the body in places which are not normally exposed to falls, rough games, etc.
• Injuries which have not received medical attention.
• Neglect – under nourishment, failure to grow, constant hunger, stealing or gorging food, untreated illnesses, inadequate care, etc.
• Repeated urinary infections or unexplained tummy pains.
• Bruises, bites, burns, fractures etc., which do not have an accidental explanation.
• Cuts/scratches/substance abuse.
Indicators of Possible Sexual Abuse
• Any allegations made by a child concerning sexual abuse.
• An excessive preoccupation with sexual matters and detailed knowledge of adult sexual behaviour, or regular engagement in age-inappropriate sexual play.
• Sexual activity through word, play or drawing.
• Child who is sexually provocative or seductive with adults.
• Inappropriate bed-sharing arrangements at home.
• Severe sleep disturbances with fears, phobias, vivid dreams or nightmares, sometimes with overt or veiled sexual connotations.
• Eating disorders – anorexia, bulimia.
Emotional Signs of Abuse
• Changes or regression in mood or behaviour, particularly where a child withdraws or becomes clinging. Also, depression, aggression, extreme anxiety.
• Nervousness, frozen watchfulness.
• Obsessions or phobias.
• Sudden under-achievement or lack of concentration.
• Inappropriate relationships with peers and/or adults.
• Attention-seeking behaviour.
• Persistent tiredness.
• Running away/stealing/lying.
Child Sex Exploitation
Sexual exploitation of children and young people under 18 involves exploitative situations, contexts and relationships where young people (or a third person or persons) receive 'something' (e.g., food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of them performing, and/or another or others performing on them, sexual activities.
Child sexual exploitation can occur through the use of technology without the child's immediate recognition; for example, being persuaded to post sexual images on the Internet/mobile phones without immediate payment or gain. In all cases, those exploiting the child/young person have power over them by virtue of their age, gender, intellect, physical strength and/or economic or other resources.
Violence, coercion and intimidation are common, involvement in exploitative relationships being characterised in the main by the child or young person's limited availability of choice resulting from their social/economic and/or emotional vulnerability.
If you suspect that your client is being exploited, you should follow the process set out below and encourage the child to seek help and support.
You can call NSPCC for advice and assistance on child sex exploitation issues on 0808 800 5000.
Children in such situations can call ChildLine on 0800 1111.
What to do if you suspect abuse
If you have concerns that a child is being abused but there has been no disclosure, you should nevertheless follow the process set out above.
Recognising And Responding to Domestic Abuse
Children as victims of domestic abuse
1. This section applies where behaviour of a person (“A”) towards another person (“B”) is domestic abuse.
2. Any reference in this Act to a victim of domestic abuse includes a reference to a child who—
(a)sees or hears, or experiences the effects of, the abuse, and
(b)is related to A or B.
3. A child is related to a person for the purposes of subsection (2) if—
(a)the person is a parent of, or has parental responsibility for, the child, or
(b)the child and the person are relatives.
4. In this section—
• “child” means a person under the age of 18 years;
• “parental responsibility” has the same meaning as in the Children Act 1989 (section 3 of that Act); - "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".
• “relative” has the meaning given by section 63(1) of the Family Law Act 1996 which says that a person's relative can be '(a) the father, mother, stepfather, stepmother, son, daughter, stepson, stepdaughter, grandmother, grandfather, grandson or granddaughter of that person or of that person's spouse, former spouse, civil partner or former civil partner
Domestic abuse is defined as any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults (including 16 & 17 year olds) who are or have been intimate partners or family members, regardless of gender or sexuality.
Coercive control or coercive reproduction is recognised under the category of domestic abuse.
It constitutes any deliberate attempt to dictate a woman's reproductive choices or interfere with her reproductive autonomy. It comprises a range of behaviours, from psychological pressure through to threats of (and actual) physical and sexual violence.
This includes issues of concern to black and minority ethnic (BME) communities such as so called 'honour based violence', female genital mutilation (FGM), forced marriage and breast ironing.
For this definition, an adult is defined as any person aged 18 years or over. Family members are defined as mother, father, son, daughter, brother, sister, and grandparents, whether directly related, in laws or stepfamily.
Domestic violence would therefore include:
• Physical violence: slapping, punching, kicking, pushing, strangling or inflicting injury with a weapon/object.
• Sexual violence: sexual humiliation, rape, being forced to participate in sexual acts, physical punishment for refusing/denying sex.
• Emotional violence: name calling, threats of violence, breaking/destroying property, threatening to harm others or themselves, controlling behaviour such as restricting ability to go out, meet others, use facilities, access finance etc.
• Coercive Reproduction
If you suspect or are told by your client that they are being abused in this way you should:
• Listen to the client and believe what they are telling you.
• Encourage the client to share more information by use of gentle open questions, and by reassuring them that their situation is not their fault.
• Offer support and care and point them to other help that is available.
• Help the client to make an assessment of their own safety and the safety of any children affected by domestic violence - if safety is not assured you will need to access appropriate services and support. This may mean contacting a local women's refuge for emergency accommodation.
• Encourage the client to make the decisions in this process as they are the expert concerning the relationship and its impact but where children are concerned care must be taken not to compromise their safety.
• If the client decides to return to the abuser and children are at risk of abuse, you will need to consider whether to involve Social Services or the Police. You should explain your intention to contact the authorities to the client and make every attempt to include them in this decision making.
For further advice and assistance in this regard, you should contact National Domestic Violence Helpline: 0808 2000 247.
Safe working practice
When working with a young person encourage them to have an adult with them, either
a member of their family, or if this is not advisable, an adult they trust, such as a youth worker or teacher.
1. Keep written records of any false accusations a child or young person makes against you.
2. Do not go into a toilet alone with children or young people.
3. Be careful how and where you touch children or young people. Use appropriate touch initiated by the child. For instance, never pat a child or young person on the bottom.
4. If you are transporting a child by car, place them in the back seat.
5. Be aware of age appropriate behaviour and reinforce it with young people.
6. We should be vigilant in observing each other’s approaches towards children and young people and should feel able to point out anything that might be misunderstood.