Please note – This policy is specific to BVSC and may not be applicable to your organisation. This policy has been provided for your information and guidance only. To our knowledge the contents of this policy are accurate and up to date. We advise all organisations to seek professional or legal advice when introducing new policy and procedures to your respective organisation. Child Protection Policy 1.0 OBJECTIVE 1.1 BVSC is fully committed to safeguarding the welfare of all children and young people. It recognises its responsibility to take all reasonable steps to promote safe practice and to protect children from harm, abuse and exploitation. BVSC acknowledges its duty to act appropriately to any allegations, reports or suspicions of abuse and is committed to the principles and practices which support equal opportunities at work. 1.2 We will ensure that paid staff and volunteers are fully aware of agency policy and procedures governing the protection of children and young people and what they should do and to whom they can refer if they have any concerns. 1.3 Paid staff and volunteers will endeavour to work together to encourage the development of an ethos which embraces difference and diversity and respects the rights of children, young people and adults. 1.4 All staff paid or volunteers who have direct or indirect contact with children and young people should be familiar with “What to Do if You are Worried a Child is being Abused (2006). This booklet contains specific information that can be used within your organisation and it is strongly recommended that all staff have access to and have read this document. Copies are available for download at www.lscbbirmingham.org.uk/ or www.education.gov.uk/ 2.0 APPLICATION 2.1 BVSC will provide guidance on: 2.2 Recognising risk from different sources and in different situations and recognising abusive behaviour from other service users, colleagues, and family members; Routes for making a referral and channels of communication within and beyond the agency; Assurances of protection for whistle blowers (see appendix 3). In implementing this child protection policy BVSC will: Ensure that all workers understand their legal and moral responsibility to protect children and young people from harm, abuse and exploitation; Ensure that all workers understand their responsibility to work to the standards that are detailed in the Child Protection Procedures and work at all times towards maintaining high standards of practice; Ensure that all workers understand their duty to report concerns that arise about a child or young person, or a worker’s conduct towards a child/young person, to the organisation’s named person for child protection; Ensure that the named person understands his/her responsibility to refer any child protection concerns to the statutory child protection agencies (i.e. Police and/or Local Authority Children’s Social Care); Ensure that any procedures relating to the conduct of workers are implemented in a consistent and equitable manner; Provide opportunities for all workers to develop their skills and knowledge particularly in relation to the welfare and protection of children and young people; Ensure that children and young people are enabled to express their ideas and views on a wide range of issues and will have access to the organisation’s Complaints Procedure; Ensure that parents/carers are encouraged to be involved in the work of the organisation and, when requested, have access to all guidelines and procedures; Endeavour to keep up-to-date with national developments relating to the welfare and protection of children and young people. 2.2 These procedures have been designed to ensure the welfare and protection of any child and/or young person who accesses the services, directly or indirectly, provided by BVSC. The Procedures recognise that child protection can be a very difficult subject for workers to deal with to the extent that it is sometimes easier to close your eyes to what is happening or believe that it is somebody else’s problem to deal with. 2.3 BVSC is committed to the belief that protecting children and young people is everybody’s responsibility and therefore our organisational aim is to provide guidelines that will enable all workers and volunteers to act appropriately to any concerns that arise in respect of a child/young person. 2.4 Volunteers who have one to one contact with children and young people will undertake the same checks as employed paid staff. 3.0 PRINCIPLES 3.1 A child (or young person) is defined as a person under the age of 18. (Children Act 1989) 3.2 The definition of working with children includes paid and unpaid staff, volunteers and carers (including foster and adoptive carers). It may include everyone who works in the service, including administrative and other support staff. Many voluntary organisations are skilled in preventative work, and may be well placed to reach the most vulnerable children, young people and families. 3.3 Recognising the Signs and Symptoms of Abuse Definitions of Abuse as cited in: Working Together to Safeguard Children (HM Government 2010, Chapter 1, P:38-39) 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 when a parent/carer fabricates the symptoms of, or deliberately induces illness in a child. 2 Emotional Abuse: Is the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only in so far as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or “making fun” of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond the child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyberbullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone. Sexual Abuse: Involves forcing or enticing a child or young person to take part in sexual activities, including abuse not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children. Neglect: Is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: Provide adequate food, clothing and shelter (including exclusion from home or abandonment) Protect a child from physical and emotional harm or danger Ensure adequate supervision (including the use of inadequate care-givers) Ensure access to appropriate medical care or treatment It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs. 3.4 It is important to be aware that children and young people who live with Domestic Abuse may also be at risk of ‘significant harm’ therefore concerns about domestic abuse should be discussed with the child protection named officer. Parent/carer needs or lifestyle may also raise concerns for the welfare of children; i.e. mental health or substance/alcohol abuse. 3.5 BVSC will ensure that all staff members whether paid or unpaid, undertake training to gain a basic awareness of the signs and symptoms of child abuse. Staff, volunteers, parents, carers and service users (including children & young people) may become aware of child protection concerns in a variety of ways: For example: 3 a child or young person alleges that abuse has taken place or that they feel unsafe; a third party or anonymous allegation is received; a child or young person’s appearance, behaviour, play, drawing or statements cause suspicion of abuse and/or neglect; a child or young person reports an incident(s) of alleged abuse which occurred some time ago; a report is made regarding the serious misconduct of a worker towards a child or young person 4.0 MANAGING ALLEGATIONS 4.1 BVSC is an organisation that will come into contact with children, young people, parents/carers and members of the community. We will ensure that any allegation made against a member of staff is dealt with appropriately. Our procedures will reflect this organisation’s ethos of listening to children and young people and their parents/carers and taking any concerns seriously. We are also committed to ensuring that workers feel safe to express their concerns about the practice of others. 4.1.1 It is not the responsibility of anyone working in a paid or unpaid capacity to decide whether or not child abuse has taken place. However, there is a responsibility to act on any concerns by reporting these to the appropriate officer or the appropriate authorities. 4.1.2 BVSC will assure all staff/volunteers that it will fully support and protect anyone who in good faith reports his or her concern that a colleague is, or may be, inappropriate with or abusing a child. 4.1.3 All allegations or suspicions of abuse will be taken seriously and treated in accordance with these procedures. They will be applied when there is an allegation or concern that any person who works with children, in connection with their employment, voluntary or personal activity, has: 4.1.4 These behaviours will be considered within the context of the four categories of abuse (i.e. physical, sexual, emotional abuse and neglect). This includes concerns relating to inappropriate relationships between members of staff and children or young people, for example: 4.2 Behaved in a way that has harmed a child, or may have harmed, a child; Possibly committed a criminal offence against, or related to, a child; Behaved towards a child or children in a way that indicates they are unsuitable to work with children. Having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual (ss16-19 Sexual Offences Act 2003); ‘Grooming’, i.e. meeting a child under 16 with intent to commit a relevant offence (s15 Sexual Offences Act 2003); Other ‘grooming’ behaviour giving rise to concerns of a broader child protection nature (e.g. inappropriate text / e-mail messages or images, gifts, socializing etc); Possession of indecent photographs of children / pseudo-photographs of children. BVSC will ensure that any allegations made against members or a member of staff will be dealt with swiftly and in accordance with these procedures. 4 5.0 THE PROCEDURE (Please also refer to Appendix 1). BVSC recognises that it has a duty to act on reports or suspicions of abuse. It also acknowledges that taking action in cases of child abuse is never easy. However BVSC believes that the safety of the child should override any doubts or hesitations. When a child or young person shares concerning information or where worrying changes or behaviours exhibited by the child or by adults in contact with the child are observed including physical condition or appearance staff will take the following steps: Step 1 Initially talk to a child/young person about what was said or observed. It is okay to ask questions, for example: “I’ve noticed that you don’t appear to be yourself today, is everything okay? But never use leading questions. Never investigate or take sole responsibility for a situation where a Child/young person makes a disclosure. Always explain to children and young people that any information they have given will have to be shared with others. Step 2 The worker must ensure that the child is safe and away from the person against whom the allegation is made. Step 3 The named person for child protection should be informed immediately. In the case of an allegation involving the named person, alternative arrangements should be sought to ensure that the matter is dealt with by an independent person. (Note: this could be a committee member, director or anyone within the organisation that is in a senior position within the organisation and believed to be independent of the allegations being made). Step 4 The member of staff against whom the complaint has been made will be immediately suspended from work on full pay pending further investigations. Any decision to suspend will be confirmed in writing as soon as reasonably practicable. It is a precautionary measure, not a disciplinary penalty. Every effort should be made to ensure that the period of suspension is not unduly protracted. Suspensions should usually only be carried out by senior managers. The employee should be told the reason for the suspension. They should be instructed not to attend work and should not attend BVSC premises (unless specifically requested to attend for interview) or make contact with BVSC employees apart from the suspending manager and HR manager/advisor. Where appropriate, colleagues will be made aware that any contact initiated by the suspended employee should be curtailed and reported to their manager. The employee should be advised the failure to abide by the terms of the suspension may lead to disciplinary action and or legal intervention. 5 Step 5 The named person must contact the Local Authority Designated Officer (LADO - who is based at the Child Protection Unit) for advice on how to proceed with the immediate situation. Outside of working hours the Emergency Duty Team can give advice and/or in the event of an emergency situation arising, the police(for contact details – see Appendix 2). If a referral is made direct to Birmingham Children’s Social Care this must be followed up in writing. The named person can also seek advice and clarity about a situation that is beginning to raise concern through the Duty Social Worker at the relevant office or NSPCC National Child Protection Helpline on 0808 800 5000. Specific advice about issues concerning South Asian children can be sought on the NSPCC National Child Protection Asian Helpline on 0800 096 7719. Step 6 The individual who first received/witnessed the concern should make a full written record of what was seen, heard and/or told as soon as possible after observing the incident/receiving the report. This must be the child or young persons words and not an interpretation. Remember that this information may be required as evidence in legal proceedings therefore such evidence must be preserved and not altered in any way. It is important that the report is an accurate description. The named person (if appropriate) can support the worker during this process but must not complete the report for the worker. This report must be made available on request from either the police and/or children’s social care. Respect confidentiality and file documents securely in case of an allegation involving the named person, alternative arrangements should be sought to ensure that the matter is dealt with by an independent person. (Note: this could be a committee member, director or anyone within the organisation that is in a senior position within the organisation and believed to be independent of the allegations being made). 5.1 Regardless of whether a police and/or children’s services investigation follows, BVSC will ensure that an internal investigation takes place and consideration is given to the operation of disciplinary procedures. This may involve ultimate dismissal dependant on the nature of the incident or the continued suspension pending the outcome of the police or children’s service investigation if appropriate. 5.2 Allegations made against a person in a position of trust may result in disciplinary procedures, child protection procedures, criminal procedures or all three. 5.3 Outside the immediate working environment (e.g. against a parent or carer) Step 1 6 Report your concerns to the, Designated Child Protection Officer (named person) who should contact Social Care Team or the Police as soon as possible. Step 2 5.3.1 If the Designated Child Protection Officer (or deputy) is not available, the person being told of or discovering the abuse should contact Social Care Team or the Police immediately. Social Care Team and the Designated Child Protection Officer will decide how to involve the parents/carers. Maintain confidentiality on a need to know basis only. Information for social care or the police about suspected abuse To ensure that this information is as helpful as possible, a detailed record should always be made at the time of the disclosure/concern, which should include the following if known: The reasons for your concern Record of what the child/young person said or what you heard/observed. It is essential that you record exactly what was said ‘in the child/young persons own words’ and not your interpretation Full name and date of birth of the child Provide a physical description of the child or other information which will help in identifying the child Names and dates of birth of the child's family/household members Other agencies/professionals involved with the family The child's first language and any special needs The child’s developmental needs, the capacity of the parents/carers to meet these needs, and any family and environmental factors affecting this. Any work you may have already undertaken with the child and family All incidents will be reported by phone and confirmed on an Interagency Referral form. This can be downloaded from www.lscbbirmingham.org.uk This written record of concern must be submitted to Children’s Social Care Team within 48 hours. The named person for child protection can assist you with this. 6.0 SHARING INFORMATION, CONFIDENTIALITY AND RECORDING. 6.1 Confidentiality is an issue which needs to be discussed and fully understood by all those who may have contact with children, particularly in the context of child protection. See – Information Sharing Guidance 2008 – www.everychildmatters.gov.uk/informationsharing 6.2 Every effort will be made to ensure that confidentiality is maintained for all concerned. Information will be handled and disseminated on a need to know basis only – this will include the following people: Designated Child Protection Co-ordinator. The parents of the person who is alleged to have been abused The person making the allegation. Social Care / Police. Seek advice from the Social Care Team on, who should approach the alleged abuser (or parents if the alleged abuser is a child). 7 6.3 In such circumstances; events, communication, disclosure etc must be recorded and appropriate principles and standards of recording must be maintained. Information will be stored in a secure place with limited access to designated people, in line with data protection laws (e.g. that information is accurate, regularly updated, relevant and secure). 6.4 Key Principles in Record Keeping: Records should be clear and accurate Records should use clear, straightforward language, be concise and must differentiate between opinion, judgement and hypothesis Records should be clear, accessible and comprehensive with judgements, decisions and interventions carefully recorded Sharing information with others appropriately Best Practice in Recording: Language and terminology must be respectful Accuracy is essential. Use frequency, dates & exact times wherever possible Record information relating to an incident or conversation as soon as possible after it has taken place. To ensure that details remain fresh in your memory Store information in a safe place such as a locked filing cabinet Ensure access is available only to those who ‘need to know’ 8 Appendix 1 Flow Chart illustrating the stages to follow if you are worried about a child. Member of staff/volunteer has concerns about a child/young person’s welfare and talks to the child/young person about this. Worker ensures the child safe and away from the person against whom the allegation is made. Worker discusses with named person(s) Named Person: Contact Number: Named Person: Contact Number: The named person takes this forward and ensures that the procedures are followed. Internal disciplinary procedures started, including possibility of immediate suspension Named person refers to social care (Children’s Services) following up in writing within 48 hours Initial Assessment Section 47 Enquiries No further Child Protection action’ although may need to act to ensure services provided No further local authority children’s services involvement at this stage although other action may take place, e.g. onward referral. Possible Course of Action Local Authority Children’s Department acknowledge receipt of referral and decide on next course of action within one working day. Feedback to referrer on next course of action. 9 Appendix 2 Useful Contacts/Support Organisations If you have concern that a child is being harmed as a result of abuse or neglect, you must not keep these concerns to yourself. Keeping children safe is everyone's responsibility. You need to ensure that you speak to the appropriate organisations who can listen to and record your concern, and then take appropriate action. If you have concerns regarding a child please contact the office covering the area where the child lives (please see below). Birmingham Children, Young People and Families Directorate Outside normal office hours, please contact the Emergency Duty Team on 0121 675 4806. Heart of Birmingham (HoB) Small Heath / Sparkbrook Acocks Green, Bordesley Green, Moseley, Kings Heath, Nechells, South Yardley, Sparkbrook, Springfield. Ladywood / Perry Barr Ladywood, Aston, Bordesley Green, Harborne, Lozells, Handsworth Wood, Nechells, Soho, Washwood Heath. South Tel: 0121 303 1888 Edgbaston / Northfield Bartley Green, Edgbaston, Harborne, Kings Norton, Ladywood, Longbridge, Northfield, Quinton, Selly Oak, Sparkbrook, Weoley Castle, Kitwell, Frankley, Rubery, Rednal. Selly Oak / Hall Green Billesley, Bournville, Brandwood, Hall Green, Kings Norton, Moseley, Kings Heath, Northfield, Selly Oak, Sparkbrook, Springfield, Weoley Castle. North and East Tel: 0121 303 2334 Tel: 0121 303 6541 Erdington / Sutton Erdington, Kingstanding, Oscott, Perry Barr, Stockland Green, Sutton Vesey, Sutton New Hall, Sutton Four Oaks (all of Sutton Coldfield), Kingsbury. Yardley / Hodge Hill Acocks Green, Bordesley Green, Hodge Hill, Shard End, Sheldon, South Yardley, Stechford, Yardley North, Washwood Heath If you have reason to believe that a child is at immediate risk of harm, contact the police on 999 NSPCC Child Protection Helpline The NSPCC Child Protection Helpline is a free 24-hour service that provides counselling, information and advice to anyone concerned about a child at risk of abuse. Telephone: 0808 800 5000 - Email: help@nspcc.org.uk The NSPCC Asian Child Protection Helpline is a free, multilingual service for the UK's Asian communities providing counselling, information and advice to ANYONE who is concerned about the welfare of a child, including: 10 Parents, carers or relatives who need advice Children or young people in need of help and advice Education, health and social welfare professionals seeking culturally sensitive advice and information. Birmingham Safeguarding Children Board BSCB is a statutory board which has been set up as part of the Every Child Matters reforms, and requires all organisations that work with children to cooperate to keep children safe from harm. The BSCB agrees how local services and professionals should work together to safeguard and promote the welfare of children. If you require further information about BSCB, or would like to give us your views or feedback on this website, please contact us. Quick link for Professionals: Child Protection Procedures. Quick link for Professionals: Local Authority CP Procedures & Guidance for Schools and Education Services. New Multi-Agency Safeguarding Training Brochure 2009/10 Quick link for Professionals: Multi-Agency Safeguarding Training Brochure 2009/2010 11 Appendix 3 Whistleblowing Code The Public Interest Disclosure Act 1998 (PIDA) provides a framework for Whistle blowing across the private, public and voluntary sectors. Each member organisation of the Birmingham Safeguarding Adults Board will have its own Whistle blowing code and can be accessed through their relevant communications systems. The Whistle blowing code will include most people in the workplace with protection from victimisation when genuine concerns have been raised about malpractice in the workplace and in accordance with the code. The aim of the code is to reassure workers that it is safe for them to raise such concerns and partner organisations should establish proper procedures for dealing with these concerns. For example, BVSC has a Whistle blowing code to help and encourage employees to raise serious concerns within the organisation rather than overlooking a problem or feeling the need to raise it with someone outside. 12