SAFEGUARDING ADULTS AT RISK POLICY AND PROCEDURES 2015/16 SAFEGUARDING ADULTS AT RISK POLICY AND PROCEDURES Responsibility SMT member: Together with: Designated Safeguarding Lead and Deputy Designated Safeguarding Leads (For details see appendix 1) All Staff Aim Hereford Sixth Form College is committed to: ensuring that the welfare of students, whether they be under or over the age of 18 years, is paramount at all times; maximising young people’s choice, control and inclusion and protecting their human rights; working in partnership with others in order to safeguard vulnerable students; ensuring safe and effective working practices are in place in order to protect the welfare of students; supporting staff within the organisation. Introduction This policy sets out the roles and responsibilities of Hereford Sixth Form College in working together with other professionals and agencies in promoting and safeguarding Adult students at risk and their welfare and safeguarding them from abuse and neglect. This policy is intended to support staff working within Hereford Sixth Form College. It does not replace, but is supplementary to, the Herefordshire Safeguarding Adults at risk Policies and Procedures details of which can be accessed on the following link: https://www.herefordshire.gov.uk/health-andsocial-care/adult-services/safeguarding-adults-policy-and-procedures Policy Scope This policy applies to all staff (permanent, seconded or temporary) of Hereford Sixth Form College as well as all people who work on behalf of Hereford Sixth Form College. Definitions An Adult at risk is defined as any person aged 18 and over: who is or may be in need of community care services by reason of mental, or other disability age or illness; and who is or maybe unable to take care of him or herself or unable to protect him or herself against significant harm or serious exploitation. No Secrets (2000) – Department of Health Safeguarding Adults at risk Policy & Procedures June 2015 Page 1 of 12 Thus all adult students who meet the above criteria may be defined as an Adult at risk. For the purpose of the Safeguarding Adults policy and procedures the term abuse is defined as: “a violation of an individual’s human and civil rights by any other person or persons which may result in significant harm” No Secrets (2000) The governing body recognises the following as definitions of the Types of Abuse: Physical Abuse - covers physical injuries which have no satisfactory explanation, or where there is a definitive knowledge, or a reasonable suspicion, that the injury was inflicted with intent, or through lack of care, by the person having custody, charge or care of that person, including hitting, slapping, pushing, misuse of or lack of medication, and inappropriate use of restraint. Psychological or emotional abuse - covers obstructing one’s choices through the use of fear, intimidation and or bribes, intentionally affecting independence and self-esteem. The environment may depict a pervasive atmosphere of deceit and distrust. Impaired performance and development may be a product of overdependence and isolation, may result from side effects of such an environment or prevent the vulnerable adult from having access to helpful services. Sexual abuse - force and coercion are signatures of sexual abuse. Forced sexual acts which might be abusive include: non-contact abuse such as looking at pornographic photography, harassment, indecent exposure, innuendo or teasing; or physical contact, such as masturbation, touching breasts, genitalia or anus, penetration or attempted penetration of vagina, anus or mouth. Financial abuse - covers the inappropriate use of an individual’s resources or funds by a third person. This includes the unsanctioned or inappropriate use of another’s money to enter the vulnerable adult into financial contracts, or financial commitments to their disadvantage when the vulnerable adult may not understand. In cases involving potential abuse by people holding Lasting or Enduring Powers of Attorney, the Office of the Public Guardian should be informed. The growth of personalised budgets and self-funding suggests the need for extra vigilance in relation to financial abuse. Neglect/act of omission - this covers both physical and emotional neglect/acts of omission. It concerns a failure to keep a vulnerable individual clean and warm, and to promote optimum health. This could also include giving the improper quantity of medication or distributing the wrong medicine(s). Neglect can be as simple as giving a vulnerable person inadequate nutrition and preventing him/her from making independent choices. Safeguarding Adults at risk Policy & Procedures June 2015 Page 2 of 12 Discriminatory abuse - this may focus on the perceived vulnerability of an adult in the form of prejudice or sexism, or solely on the basis of targeting an vulnerable adult’s disability. Discriminatory abuse can take the form of any of the other forms of abuse, harassment, verbal abuse or similar mistreatment. Discriminatory abuse can include serious, pervasive or repeated discrimination, which may lead to diminishing opportunities, significant harm or exclusion, provision of poor standards of care, or a failure to protect or provide redress through the Criminal or civil justice system. Adapted from No Secrets (2000) – Department of Health Other areas of abuse: Hate crime A hate crime is any criminal offence that is motivated by hostility or prejudice based upon the victim's: disability, race, religion or belief , sexual orientation, transgender identity. Hate crime can take many forms including: physical attacks such as physical assault, damage to property, offensive graffiti and arson ,threat of attack including offensive letters, abusive or obscene telephone calls, groups hanging around to intimidate and unfounded, malicious complaints , verbal abuse, insults, harassment, taunting, offensive leaflets and posters, abusive gestures, dumping of rubbish outside homes or through letterboxes, and bullying at school or in the workplace. Domestic abuse Domestic abuse is defined as ‘any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members regardless of gender or sexuality’. ‘Family members’ are defined as mother, father, son, daughter, brother, sister and grandparents, whether directly related, in-laws or step-family. Honour based violence Honour-based violence is a crime, and referring to the police must always be considered. It has or may have been committed when families feel that dishonour has been brought to them. Women are predominantly (but not exclusively) the victims and the violence is often committed with a degree of collusion from family members and/or the community. FGM Female genital mutilation (FGM) involves procedures that intentionally alter or injure female genital organs for non-medical reasons. The procedure has no health benefits for girls and women. The Female Genital Mutilation Act (FGMA) was introduced in 2003 and came into effect in March 2004. The Act makes it illegal to practise FGM in the UK or to take girls who are British nationals or permanent residents of the UK abroad for FGM whether or not it is lawful in another country. It also makes it illegal to aid, abet, counsel or procure the carrying out of FGM abroad. Safeguarding Adults at risk Policy & Procedures June 2015 Page 3 of 12 Forced Marriage Forced marriage is a term used to describe a marriage in which one or both of the parties is married without their consent or against their will. A forced marriage differs from an arranged marriage, in which both parties consent to the assistance of their parents or a third party in identifying a spouse. Human Traffickers Human trafficking involves an act of recruiting, transporting, transferring, harbouring or receiving a person through a use of force, coercion or other means, for the purpose of exploiting them. Exploitation by radicalisers who promote violence Individuals may be susceptible to recruitment into violent extremism by radicalisers. Violent extremists often use a persuasive rationale and charismatic individuals to attract people to their cause. The aim is to attract people to their reasoning, inspire new recruits, embed their extreme views and persuade vulnerable individuals of the legitimacy of their cause. The Counter–terrorism and Security Act 2015 places a duty on Sixth Form Colleges to have “due regard to the need to prevent people from being drawn into terrorism.” The Director of Studies for Operational delivery of Prevent- related duty (See Appendix 1) is the single point of contact for Prevent and is a member of the Local Authority Prevent Panel. A separate Prevent Strategy has been compiled to encompass our responsibilities with regards to the Prevent Duty and can be accessed on the College VLE (Safeguarding- Prevent Strategy). Young people and vulnerable groups may be particularly targeted by groups who may promote violent extremist activity. Any College member of staff who may have identified signs of radicalisation should report these concerns to the student’s Director of Studies or the Designated Safeguarding Lead immediately. Self-neglect Self-neglect this covers a wide range of behaviour neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour such as hoarding. It is abuse whether or not it is intentional. Source adapted from HSAB definitions guidelines: https://www.herefordshire.gov.uk/media/3127225/adult_social_care_policy_3__definitions.pdf Responsibilities of Hereford Sixth Form College Hereford Sixth Form College has signed up to, and accepts, the principles laid down within the Herefordshire Safeguarding Adults Board (HSAB) Adult Safeguarding polices. These are: to take action to identify and prevent abuse from happening; to respond appropriately when abuse has or is suspected to have occurred; Safeguarding Adults at risk Policy & Procedures June 2015 Page 4 of 12 to ensure that the agreed HSAB safeguarding adults procedures are followed at all times; to provide support, advice and resources to staff in responding to safeguarding adult issues; to inform staff of any local or national issues relating to safeguarding adults; to ensure staff are aware of their responsibilities to attend training and to support staff in accessing these events; to ensure staff have access to appropriate support; to ensure that the organisation has a dedicated staff member with an expertise in safeguarding adults; to ensure staff have access to appropriate consultation and supervision regarding safeguarding adults; to understand how diversity, beliefs and values of people who use services may influence the identification, prevention and response to safeguarding concerns; to ensure that information is available for students and family members/carers setting out what to do if they have a concern; to ensure that all employees who come in contact with students have a DBS check in line with legal requirements and follow the College’s recruitment and Selection Procedures. Responsibilities of All Staff All staff must: follow the College’s Safeguarding Policies and Procedures at all times if concerns arise about the safety or welfare of a student who is an adult student at risk; participate in safeguarding adults training and maintain current working knowledge; become familiar with the HSAB Adult Safeguarding policies; discuss any concerns about the welfare of a student who is a vulnerable adult with the student’s Director of Studies or with any one of the Designated Senior Staff Members with Lead Responsibility for Safeguarding; contribute to actions required including information-sharing and attending meetings; work collaboratively with other agencies to safeguard and protect the welfare of students who use these services; remain alert at all times to the possibility of abuse. Training All staff should receive a basic safeguarding adults awareness training at a level according to their role and as stated within the HSAB Training Strategy. This should be refreshed and regularly updated on safeguarding matters/concerns and carry out refresher training, as a minimum, every three years. Safeguarding Adults at risk Policy & Procedures June 2015 Page 5 of 12 Reporting Abuse It is expected that all staff will follow the HSAB Safeguarding Adults policies. These policies apply to all individuals and agencies working with adults in Herefordshire. The full set of procedures can be accessed through the following link: https://www.herefordshire.gov.uk/media/7360973/report60.pdf 1. If staff suspect an Adult Student at risk is being abused or is at risk of abuse, they are expected to report concerns to the student’s Director of Studies or to the Designated Safeguarding Lead (unless they suspect that the Director of Studies or the Designated Safeguarding Lead is implicated – in such circumstances a different Director of Studies or the Principal should be consulted in the first instance. 2. If at any time staff feel that the person needs urgent medical assistance, they have a duty to call for an ambulance or through the student’s Director of Studies or the Designated Safeguarding Lead to arrange for a doctor to see the person at the earliest opportunity. 3. If at the time staff have reason to believe the vulnerable person is in immediate and serious risk of harm, or that a crime has been committed, the police must be called through the student’s Director of Studies or the Designated Safeguarding Lead. 4. Should a member of staff have concerns regarding abuse of a student who is an adult at risk an AP1 form must be completed by the student’s Director of Studies or the Designated Safeguarding Lead and emailed to safeguarding@ herefordshire.gcsx.gov.uk. A copy of the Concern form (AP1) can be accessed and downloaded through the HSAB following link: https://www.herefordshire.gov.uk/health-and-socialcare/adult-services/report-a-concern-about-adult-abuse Guidance notes for completion of the concern form are available on: https://www.herefordshire.gov.uk/media/7963623/hsab-contactguidance-updated-jan-2015.pdf 5. For students who reside outside of Herefordshire, Herefordshire Safeguarding Adult board advise that they should still be the first point of contact for the referral. They state that the initial lead in response to a safeguarding alert should always be taken by the local authority where the incident occurred. All students need to be safe. Throughout the process the student’s needs remain paramount. This process concerns protecting the student who is an Adult Student at risk and preventing abuse. Alleged Abuser and Victims are Both Students It is important that consideration be given to a co-ordinated approach where it is identified that both the alleged abuser and alleged victim are students. Referral information should capture comprehensive information regarding both students. Safeguarding Adults at risk Policy & Procedures June 2015 Page 6 of 12 Reporting and Dealing with an Allegation of Abuse Against a Member of Staff, a Governor or a Volunteer Employees should be aware that abuse is a serious matter that can lead to a criminal conviction. The principal steps in dealing with any allegation against a member of staff are as follows: The principal guidelines in dealing with any allegation against a member of staff, a governor or a volunteer are as follows: These procedures will be used in respect of all cases in which it is alleged that a member of staff, governor or a volunteer at Hereford Sixth Form College has: (i) behaved in a way that has (or may have) harmed an adult at risk; (ii) possibly committed a criminal offence against or related to an Adult at risk (iii) behaved towards an Adult at risk in a way that indicates he or she would pose a risk of harm to students and therefore unsuitable to work with children or vulnerable groups. 1. In the first instance, where allegations of abuse are made against a member of staff, governor or volunteer and if staff members have concerns about another staff member then this should be referred to the Principal. Where there are concerns about the Principal this should be referred to the Chair of governors. 2. The Principal will report without delay to the Hereford Safeguarding Children Board and seek an initial discussion with the Designated Officer (Previously termed as LADO) to discuss the allegation. The purpose of this initial discussion is to consider the nature and content and context of the allegation and agree a course of action. 3. The Designated Officer will advise on three strands in the consideration of an allegation: (i) a police investigation of a possible criminal offence; (ii) enquiries and assessment by Children’s social Care concerning whether the student is in need of protection; (iii) consideration of disciplinary action in respect of the individual, which includes guidance regarding the possible suspension of a member of staff/volunteer. 4. Hereford Sixth Form College’s Personnel Officer will ensure that the person who is the subject of the allegation is informed of the allegation and the subsequent progress of the case and ensure that there is effective appropriate support for them. If the person is a member of a union he/she should be advised to make contact with that body at the outset. 5. Hereford Sixth Form College will ensure that every effort is made to maintain confidentiality and guard against unwanted publicity while an allegation is being investigated or considered. 6. Hereford Sixth Form College will ensure that any allegation will be followed through regardless of whether the subject of the allegation chooses to resign or ceases to provide his/her services. Safeguarding Adults at risk Policy & Procedures June 2015 Page 7 of 12 7. Hereford Sixth Form College will not enter into so called ‘compromise agreements’ (by which the person against whom an allegation of abuse has been made agrees to resign, the College agrees not to pursue disciplinary action and both parties agree a form of words to be used in a reference). 8. Hereford Sixth Form College will work under the direction of the Designated Officer and engage fully with strategy discussion and information-sharing protocols. 9. If the allegation is substantiated Hereford Sixth Form College will ensure that the relevant authorities have been notified (usually via the Designated Officer) including a referral to the DBS for anyone who has harmed, or poses a risk of harm to a adult at risk: where the harm test is satisfied in respect of that individual; where the individual has received a caution or conviction for a relevant offence; and that individual has been removed from working (paid or unpaid) in regulated activity or would have been removed had they not left. 10. If the outcome concludes that the person who has been suspended can return to work, Hereford Sixth Form College will consider how best to facilitate this, including consideration of supportive measures to deal with stress issues. 11. If an allegation is determined to be false, the Designated Officer should refer the matter to Adults Social Care to determine whether the child concerned is in need of services or may have been abused by someone else. 12. At the conclusion of the case Hereford Sixth Form College management and Governors will consider the lessons of the case and how they should be acted upon. Safer recruitment - Recruitment and Selection Procedures The College’s recruitment and selection procedures should take account of the following: they should apply to all staff and volunteers (for example Duke of Edinburgh Award leaders) who may work with children; the post or role should be clearly defined; the key selection criteria for the post or role should be identified; vacancies should be advertised widely in order to ensure a diversity of applicants; documentary evidence of academic/vocational qualifications should be required; professional and character references should be obtained; reasonable verification should be made of previous employment history; a variety of selection techniques should be used (e.g. qualifications, previous experience, interview, reference checks); DBS checks should be made (whilst maintaining sensitive and confidential use of the applicant’s disclosure); Safeguarding Adults at risk Policy & Procedures June 2015 Page 8 of 12 In addition to obtaining the DBS certificate anyone who is appointed to carry out teaching work will also require an additional check to ensure that they are not prohibited from teaching; Safer recruitment training will be undertaken to ensure awareness of the College’s duties and responsibilities with regards to safer recruitment and selection by a member of the recruitment panel. Should it be necessary and appropriate for a member of staff to begin working at the College before their Enhanced DBS Disclosure has been received then a Risk Assessment will be carried out. If the Principal agrees that the risk is ‘MINIMAL’ then the Head of Department and the Employee will be informed of the restrictions of their employment until the check has been received which could be one or more of the following: (i) The employee should be supervised by the Head of Department or another member of staff at all times. (ii) The employee should not be allowed to work 1:1 with a student (or must be supervised if unavoidable). (iii) The employee must not work in a closed room (i.e. the door should be left open). (iv) The employee should wear his/her identity badge at all times. (v) The employee should not work at a time when students are in College (i.e. cleaning staff). Any employee with an assessed risk of MEDIUM or HIGH would not be allowed to begin work. All new members of staff will be required to attend and complete a Safeguarding training session at induction and will also receive a copy of the College’s Safeguarding and Child Protection Policy, Safeguarding Adults at Risk Policy and Staff Code of Conduct for their perusal and use. Confidentiality and Information Sharing ‘No Secrets’ [DH 2000] states that the government expects organisations to share information about individuals who may be at risk from abuse. This is also stressed by Safeguarding Adults [ADSS 2005], the framework for good practice. It has also been made clear in the Care Act 2015 that it is important that organisations share information related to abuse or neglect with local Safeguarding Adults Boards. Not doing so could prevent them from being able to tackle problems quickly and learn lessons to prevent them happening again. The Act is therefore clear that if a Safeguarding Adult board requests information from an organisation or individual who is likely to have information which is relevant to the boards functions, they must share what they know with the Safeguarding Adult Board. This is so any problems can be tackled quickly. It is important to identify an abusive situation as early as possible so that the individual can be protected. Withholding information may lead to abuse not being dealt with in a timely manner. Confidentiality must never be confused with secrecy. Staff have a duty to share information relating to suspected abuse with the student’s Director of Studies or with the Designated Safeguarding Lead, Adult Social Care or West Mercia Police. Consent is not required to breach confidentiality (capacity issues must be considered) and to make a safeguarding referral where: a serious crime has been committed; the vulnerable adult is deemed to be in serious risk; Safeguarding Adults at risk Policy & Procedures June 2015 Page 9 of 12 where the alleged perpetrator may go on to abuse other adults/children; there is a statutory requirement e.g. Children’s Act 1989, Mental Health Act 1983, Care Standards Act 2000; Care Act 2015 the public interest overrides the interest of the individual; a member of staff of a statutory service, a private or voluntary service or a volunteer is the person accused of abuse, malpractice or poor professional standards. If a member of staff has any doubt about the legality of sharing information, he/she must in the first instance consult the student’s Director of Studies or the Designated Safeguarding Lead. Monitoring Hereford Sixth Form College will be responsible for monitoring this policy. This policy will be reviewed on an annual basis and reported to the corporation for approval Other related College policies and procedures: Complaints Against the College Procedures, Staff Code of Conduct Health and Safety Policy Health and Safety Procedures Data Protection Policy Access to College Information Policy Disciplinary (Senior Postholders) Procedures, Disciplinary (Staff) Procedures, Equality and Diversity Policy and Procedures, Safeguarding and Child Protection Policy and Procedures Whistle Blowing Policy and Procedures. First Aid Policy and Procedures Grievance Policy and Procedures Substance Misuse Policy and Procedures Trips and Visits Policy and Procedures Work Experience Policy and Procedures Tutorial Policy and Procedures Attendance and Contract Policy and Procedures Safeguarding -Prevent Strategy Esafety (Staff) Policy and Procedures Esafety (Learners) Policy and Procedures (Approved by the Policy, Protocols and Procedures Subgroup of th the Herefordshire Safeguarding Adults Board on 19 March 2012.) Safeguarding Adults at risk Policy & Procedures June 2015 Page 10 of 12 APPENDIX 1 DESIGNATED PERSONS WITH LEAD RESPONSIBILITIES FOR SAFEGUARDING AND CHILD PROTECTION ISSUES Senior Members of Staff with Responsibility for Safeguarding and Child Protection issues (DSL): o Designated safeguarding lead: Helen Osborn Ext: 229 o Deputy designated safeguarding leads: John Pratt (Director of Studies) Ext: 224 Philip Tranter (Director of Studies) Ext: 240 Nominated Governor: o Robert Doran Designated Lead teacher with responsibility for students in Looked after Care: o Helen Osborn Working in collaboration with: o Philip Tranter o John Pratt o The Director of Studies for Operational delivery of Prevent- related duty: o John Pratt Useful contact numbers Herefordshire Council and NHS Herefordshire Adult Safeguarding advice and referrals Team Office Tel No: 01432 260 715 (between 9am-5pm) out of hours 03301239309 Email: safeguarding@herefordshire.gcsx.gov.uk Out of hours (emergency) contact number for referrals: 0330 123 9309 (after 5pm, weekends and public holidays) West Mercia Police 999 (emergency) 0300 333 3000 (non emergency number) HSAB Independent Chair (Ivan Powell): Telephone: (01432) 260100 Email: admin.hscb@herefordshire.gov.uk Herefordshire Safeguarding Adult Board Independent Chair, 8 St Owen Street, Hereford HR1 2PJ Safeguarding Adults at risk Policy & Procedures June 2015 Page 11 of 12