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1.9.2 Child Protection Referrals

This chapter should be read with the following:

RELEVANT REGULATIONS, STANDARDS AND PROCEDURES

Children's Homes Regulations and Standards (England) 2001: Standard 17: Children Protection Procedures and Training

Children's Homes Regulations and Standards (Wales) 2002: Standard 29: Children Protection Procedures and Training

For a summary of the safeguarding context and legislative framework, please see Appendix 1: Context and Legislative Framework.

Useful Guidance about what to do if you are worried a child is being abused, see the following: What to do if you're worried a child is being abused.

RELEVANT PROCEDURES/FLOWCHART

FLOWCHART:  See Appendix 4: Reporting Suspicions/Allegations Flowchart

The procedures in this Chapter should be read in conjunction with the LSCB/Child Protection Procedures in the area where the home is located e.g.

The West Mercia LSCB Procedures (covering Herefordshire, Shropshire and Worcestershire)

All Wales Child Protection Procedures

Nottingham City and County SCB Procedures

Lincolnshire Children's Services and SCB Procedures

OUTCOME

The welfare of children is promoted, children are protected from abuse, and an appropriate response is made to any allegation or suspicion of abuse. It is the responsibility of all staff to provide a high quality of service to all children looked after at Clifford house. The staff must   ensure they live in a safe environment they have the needs of the child as their first concern and always act to ensure their safety and protection.


Contents

1. Introduction
2. Definitions of Significant Harm
3. Named / Designated Officers / Safeguarding Champion
4. Reporting Suspicions or Allegations of Significant Harm
5. Principles of Good Practice
6. Manager Responsibilities
7. Organisational Responsibilities

Appendix 1:  Context and Legislative Framework
Appendix 2: Definition of Significant Harm
Appendix 3: Role of Named / Designated Officers / Safeguarding Champion
Appendix 4: Reporting Suspicions/Allegations Flowchart


1. Introduction

Most concerns about children arise on a day to day basis and in most cases can be dealt with quickly and easily by discussion. Sometimes discussions and actions can be more worrying because it is clear that the child may be affected by what is happening to them. These concerns may come to the attention of staff in a number of ways and there may be barriers to children telling. These barriers should not be underestimated.

It is the role of Children's Social Care and/or the police to investigate allegations or concerns. The role of these other organisations is to help to identify concerns and have them dealt with by the relevant agency


2. Definitions of Significant Harm

Significant Harm is broadly defined as any Physical, Sexual, or Emotional Abuse, Neglect, accident or injury which is sufficiently serious to adversely affect progress and enjoyment of life.

For additional guidance on the meaning of Significant Harm, see Appendix 2: Definition of Significant Harm.


3. Named / Designated Officers / Safeguarding Champion

There are two Named Designated Safeguarding Officers for Child Protection (also known as Safeguarding Champions) at Clifford House, they are the Operations Manager and the Quality Assurance Manager.

They take lead responsibility for dealing with child protection and safeguarding issues, providing advice and support to other staff, liaising with the local authority (LA) and LADO, and working with other agencies. They have the authority within the Clifford house management structure to commit resources to child protection matters, and direct staff.

For more details of their role, see Appendix 3: Role of the Named/Designated Officer/Safeguarding Champions


4. Reporting Suspicions or Allegations of Significant Harm

FLOWCHART:  See Appendix 4: Reporting Suspicions/Allegations Flowchart

The following applies where staff are suspicious or it is reported to them that a child has been or could be subject to Significant Harm by any person. A child protection referral form should be completed as far as is possible to ensure all the information is to hand. There should be no delay if all the information is not available.

The referral should be made to the Children's Social Care office in the area where the child is living.

This section should be read in conjunction with Section 5, Principles of Good Practice.

4.1 Emergency

Where any child is in need of urgent medical attention as a result of suspected Significant Harm or there is an immediate risk of harm to the child which can not be prevented, staff must take the immediate action that is necessary to protect the child. This may include calling the Police for assistance and/or other emergency services.

If the child is taken to hospital or the Police are called, staff must inform them that there is a suspicion of Significant Harm.

As soon as practicable thereafter staff must notify the Manager of the home (unless there is a concern that the Manager is implicated - see next paragraph). The Manager should consult the Line Manager for the home and then must notify Children's Social Care in the area where the Significant Harm is suspected to have occurred.

If staff have any concerns that the Manager is implicated they must go to the Operations Manager. If they have concerns that the Operations Manager or members of the senior management team are involved they must take their concerns directly to Children's Social Care, the Compliance and Enforcement Team at Ofsted or the Lead Inspector at CCSIW if the home is in Wales.

4.2 Non-Emergency

The following summarises the steps to be taken by staff if they suspect or it is reported to them that a child has suffered or is likely to suffer Significant Harm. It should be read in conjunction with Section 5, Principles of Good Practice.

Any member of staff who receives a report or has any suspicions that a child has been or could be subject to Significant Harm must immediately notify the Manager of the home (unless there is a concern that the Manager is implicated - see above paragraph) . The Manager should then consult the Line Manager and then notify the Children's Social Care Team in the area where the Significant Harm is suspected to have occurred.


5. Principles of Good Practice

The following are principles of good practice that must be adhered to;

  • It is Clifford House's aim to maximise every young person's right to protection and for them to know that they have the right to know that no one should take away their right to be safe.
  • Children at Clifford House need to know that their body belongs to them particularly their private parts
  • Children have a right to say no to anyone if they feel that person is trying to do something to them they feel is wrong.
  • Children must know that if they go to an adult for help they will be taken seriously and supported.
  • Children must know that some secrets should never be kept no matter if they promised not to tell.

The following are principles of good practice which must be adhered to.

5.1 Receiving Comments/Concerns

Staff may ask questions or seek clarification about concerns raised with them, but they must not take any actions to investigate or in any way make judgements about what is reported to them. If an investigation is necessary, it will be undertaken by professionals who are trained competent and authorised to do so.

Staff must not give absolute guarantees of confidentiality to those who report possible Significant Harm to them, but they should guarantee that the information will only be passed to the minimum number of people who need to know to ensure proper action is taken to sort the problem out and ensure their welfare is promoted

Staff must make a written record as soon as possible of what they have been told, detailing the questions they asked and the replies given and the actions taken and by whom. They must then give the report to the Manager.

The record should be placed in the confidential section of the child's file except where a colleague is implicated.

5.2 Action by the Manager

After receiving a report of a suspicion or allegation of Significant Harm the Manager must evaluate the concern and take any steps needed to protect any child involved or at risk of immediate harm.

The Manager must not interview or investigate the suspicion or allegation further, but must refer the matter to the Operations Manager or other Designated Safeguarding Officer (see Section 3, Named/Designated Officers/Safeguarding Champion) .

The Manager should also inform the Regulatory Authority.

It will be for the appropriate Social Care Safeguarding personnel, probably after discussing the matter with the child's social worker and conducting a Strategy Meeting, to decide whether to initiate a Child Protection Enquiry and, if so, to agree as a minimum the following with the Manager:

  1. Who should inform the child's social worker and parent(s);
  2. Arrangements for any medical examination of the child;
  3. Any immediate arrangements for protection of the suspected victim;
  4. Any immediate arrangements for protection of other children involved or at risk (including any alleged perpetrator);
  5. Whether it is necessary to inform staff within the home and if so who will do it
  6. Who should inform/update the person making the initial allegation of the steps/actions that will be taken.

The Manager should ascertain from the Social Care Safeguarding Team how the investigation will proceed and should ensure that all staff co-operate fully.

Where it is necessary for any child to be interviewed by the Police, the Manager must ensure s/he is accompanied by a supportive and independent member of staff or other appropriate adult of his/her own choice.

The Manager should inform the Operations Manager as soon as practicable thereafter and should consider suspending from duty any member of staff implicated.

The Operations Manager will be responsible for informing the Regulatory Authority of the allegation and of the actions taken as soon as possible thereafter.  A post notification meeting should also be convened.

5.3 Allegations Made Against Young People

The procedures apply equally where an allegation is made against a child in the home.

In such circumstances the manager, in consultation with the Child Protection Team and relevant social workers, should consider the need to protect the rights of both victim and alleged perpetrator.

Immediately it will be necessary to separate the alleged perpetrator and victim but it may not be possible to explain why this is necessary to the perpetrator - until the Child Protection Team have been consulted.

Throughout the process thereafter it will be necessary to ensure that children with allegations made against them are properly supported, by an independent person if appropriate or required, as well as their social worker and parent(s).

Once the investigation is complete consideration will then need to be given to the needs and interests of both alleged victim and perpetrator, and whether counselling and/or other support should be given.

5.4 Complaints or Allegations Made Against Staff

See Allegations Against Staff Procedure.


6. Manager Responsibilities

All Registered Managers will have had specialist safeguarding training to level 2 or above. The Heads of Service Operational Staff will have had additional accreditation training in line with the requirements of Section 11 of the Children Act 2004 and Safer Recruitment

Each manager is responsible for:

  • Ensuring a copy of the Local Safeguarding Children Board (LSCB) Procedures for the area where the home is located, are in the home, and for ensuring all staff are fully conversant with these procedures.

    See links to relevant LSCB/Child Protection Procedures in the Scope Box at the start of this Chapter.
  • Holding and being conversant with the most up-to-date copy of 'Working Together to Safeguard Children.'
  • Holding and being conversant with the most up to date Children's Homes Regulations and Minimum Care Standards for Children's Homes; and National Guidance. Ensuring staff are briefed on the contents of the above regulations and guidelines and on the procedures in this chapter and elsewhere in the manual in regard to the identification and reporting of Significant Harm.
  • Ensuring that the appropriate procedures are followed within the Home and liaising with relevant officers within Clifford-House and elsewhere over safeguarding and child protection issues.
  • Receiving reports of any suspicions or allegations of Significant Harm, contacting Children's Social Care and taking appropriate other actions as set out below.
  • Ensuring the home has the name and contact detail of the Local Safeguarding Team, Police, Placing Authority and Name/Designated Officers (see Section 3 of this Chapter).
  • Each Manager has responsibility for ensuring that the Regulatory Authority are notified of the instigation and outcome of any safeguarding issue ( see Notifiable Events Procedure)


7. Organisational Responsibilities

We have a clear understanding that our first duty is to promote children's rights, to protect them from harm or injury and safeguard their welfare. This overall duty permeates all our policies and procedures.

Given that we are looking after children on behalf of others we understand that our standards of protection must be higher than may be expected from parents or even from staff in the public sector.

However we derive our policies and procedures from regulations and guidance provided by the DoH, from others and from recognised good practice. To achieve a high level of protection overall we undertake the following:

  • We gather as much relevant information as possible about children to help us decide whether to admit them and, if we do, to ensure we are sensitive to their needs and take all reasonable steps to protect them from harm and injury;
  • We provide high levels of supervision balanced by appropriate opportunities for privacy and security.
  • However we will not allow children to place themselves at risk and we will take all reasonable steps to prevent them from harming themselves and others to the extent of using physical interventions, including restraint as a last resort;
  • We will provide plenty of opportunities for children to express their feelings, wishes and fears in terms of their day-to-day living, education and in regard to planning for the future;
  • We will provide information, advice and education to children designed to help them protect their own rights and lead a healthy lifestyle;
  • We will carefully select, vet, train and supervise staff and we will take all reasonable steps to ensure those who we do employ remain committed to the principles contained in this and all other of our policies;
  • We will provide staff with clear procedures and training for identifying and responding to suspicions or allegations of Significant Harm
  • If at any time we are suspicious that children are being or are likely to be subject to Significant Harm or otherwise placed at risk we will act swiftly to prevent it. All suspicions of Significant Harm will be openly discussed with the Child Protection and other appropriate agencies;
  • We will not continue to employ staff who engage in abusive relationships with children or who have a propensity to place them at risk of injury or harm. As necessary we will advise the Independent Safeguarding Authority and other relevant agencies of staff whose employment has ceased as a result of abusive behaviour. We will also ensure that such decisions are communicated to potential future employers.


Appendix 1: Context and Legislative Framework

Additional Links

Working Together to Safeguard Children 2006

Protection of Children Act 1999

Guidance on arrangements to Safeguard Children under Section 11 Children Act 2004


Safeguarding Young People's Welfare

There has been recent thinking on safeguarding children has been formulated in response to two key cases, the death of Victoria Climbie in 2000 and the Soham murders in 2002.

The Victoria Climbie case was the most horrific child abuse case seen in this country. Victoria Climbie died in February 2000 with 128 separate injuries on her body after months of child abuse at the hands of her great aunt Marie Therese Kouao and her boyfriend Carl Manning. The Health Secretary and Home Secretary appointed Lord Laming to conduct an inquiry into the circumstances leading to and surrounding the death of Victoria Climbié. Lord Laming published his final report (The Laming report) in January 2003. Following this, the Government published Every Child Matters: The Next Steps (November 2004), and passed the Children Act 2004, providing the legislation for developing more effective and accessible services focused around the needs of children, young people and families.

The second case that of the Soham murders, occurred in August 2002, when Holly Wells and Jessica Chapman both aged 10 years old, went missing from their home in Soham, Cambridgeshire. Less than two weeks later, their bodies were found in a ditch at Lakenheath, Suffolk. The day after school caretaker Ian Huntley was found guilty, the Home Secretary announced the launch of an independent inquiry into the manner in which the police had handled intelligence about the school caretaker's past and about the vetting processes which ultimately led to his employment in a local school. The Bichard Inquiry Report made recommendations that were relevant for police, social services, education establishments, vetting departments and the government to protect children and the vulnerable nationally.

Following this report the Government passed the Safeguarding Vulnerable Groups Act 2006. This act makes significant changes to the way that people who work with children or vulnerable adults are vetted. This legislation is of central importance to Clifford House as under Section 11 of the Children's Act 2004 Clifford House must produce evidence to demonstrate how it safeguards and promotes the welfare of children.

Section 11 requires LAs to ensure organisations such as Clifford House make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children. The arrangements to safeguard and promote the welfare of children are set out in this chapter.

Legislative Background

There are sections in the Children Act 1989, and the Children Act 2004 which Clifford House staff need to be aware of in order to fulfil their duties in the area of child protection.

Children Act 1989

  1. Section 17 which puts a duty on local authorities to safeguard and promote the welfare of children within their area who are in need and to provide a range and level of services appropriate to those children's needs.
  2. Section 27 requires LAs and other organisations to assist in the exercise of functions, including those under s.17.
  3. Section 47 requires local authorities to make child protection enquiries if they have reasonable cause to suspect a child in their area is suffering or is likely to suffer significant harm, and for LAs and other organizations to assist them with those enquiries if asked to do so.

Children Act 2004

The Children Act 2004 introduces a number of changes to the way the child protection system is structured and organised in England and Wales.

The Act focuses on improving the outcomes for all children (not just those in need or at risk of significant harm) by placing a lot of emphasis on more integrated working processes and procedures between all agencies and placing a duty on "relevant partners" to co-operate and share information.

The Act made a number of changes to the way that children's services are structured and delivered in England and Wales. Local safeguarding children's boards (LSCBs) were put on a statutory footing in England in April 2006 and in Wales in October 2006 and replaced the non-statutory area child protection committees.

Each local authority in England (referred to in the Act as children's services authorities) was required to have a Children and Young People's Plan in place by 2006, to give strategic direction for all services to children. It is expected that by 2008, all local authorities in England will have a children's services director who will be professionally accountable for the delivery of services provided by the children's trust - which includes all education and social services functions for children. There will also be an elected councillor designated as lead member for children's services. The director, lead member and LSCB are the people in each English local authority who are responsible for producing and implementing the child protection procedures and policies for professionals working with children. In due course all English children's services authorities will have a children's trust which is responsible for planning, commissioning and ensuring the delivery of these services.

Safeguarding Children

Objective

The Safeguarding Children and Safer Recruitment in Education guidance adopted by Clifford House for its children's workforce asserts that everyone who works at Clifford House shares the objective to keep children safe by providing them with a safe environment protecting them from harm. This requires all concerned to prevent unsuitable people from working with them, ensure safe practice, identify grounds for concern and then take appropriate steps and to work with other agencies providing services for children.

Among the professional duties of all Residential Social Workers/Support Workers is the safeguarding of the health and welfare of young people and the Manager has the duty to ensure its implementation.

Training

The manager and the residential staff who work with children will undertake appropriate training which should be refreshed every three years. The designated person will undertake training in inter-agency work which is provided or approved by the Local Safeguarding Children Boards (LSCB) keep up to date with refresher training every two years.


Appendix 2: Definition of Significant Harm

For detailed Guidance see Significant Harm Guidance.  This is a summary of the guidance.

Significant Harm may include:

  • physical
  • emotional
  • sexual
  • neglect.

Physical Abuse

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 or carer fabricates the symptoms of, or deliberately induces, illness in a child.

Possible signs of physical abuse include:

  • refusal to discuss injuries
  • improbable explanations of injuries
  • untreated injuries or lingering illness
  • admission of punishment which appears excessive
  • shrinking from physical contact
  • fear of returning home or parents being contacted
  • fear of undressing
  • fear of medical help
  • aggression/bullying
  • overly complaint behaviour
  • running away
  • significant changes in behaviour
  • deterioration in work
  • unexplained pattern of absence.

Emotional Abuse

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. This could include:

  • conveying to a child that they are worthless or unloved
  • inappropriate expectations being imposed on the child with respect to their age or level of development
  • seeing or hearing the ill-treatment of another
  • serious bullying
  • the exploitation or corruption of children.

Some level of emotional abuse is involved in all types of maltreatment of a child, although it may occur alone.

Possible signs of emotional abuse include:

  • continual self-deprecation
  • fear of new situations
  • inappropriate emotional responses to painful situations
  • self-harm or mutilation
  • compulsive stealing/scrounging
  • drug/solvent abuse
  • neurotic behaviour - obsessive rocking, thumb-sucking, etc.
  • air of detachment "don't care" attitude
  • social isolation
  • attention-seeking behaviour.

Sexual Abuse

Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, including prostitution, whether or not the child is aware of what is happening. This might include:

  • physical contact - including penetrative or non-penetrative acts
  • non-contact activities such as involving children in looking at pornographic materials or watching sexual activities
  • encouraging children to behave in sexually inappropriate ways.

Possible signs of sexual abuse include:

  • bruises, scratches, burns or bite marks
  • scratches, abrasions or persistent infection in the anal or genital regions
  • pregnancy
  • sexual awareness inappropriate to the child's age
  • frequent public masturbation
  • attempts to teach other children about sexual activity
  • refusing to stay with certain people or go to certain places
  • aggressiveness, anger, anxiety, tearfulness
  • withdrawal from friends.

Neglect

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 the child is born neglect might include:

  • failure to provide adequate food and clothing, shelter including exclusion from home or abandonment
  • failure to protect a child from physical and emotional harm or danger
  • failure to ensure adequate supervision including the use of inadequate care-takers
  • failure to ensure access to appropriate medical care or treatment
  • unresponsiveness to a child's basic physical needs.

Possible signs of neglect include:

  • constant hunger
  • poor personal hygiene
  • inappropriate clothing
  • frequent lateness or non-attendance
  • untreated medical problems
  • low self-esteem
  • poor social relationships
  • compulsive stealing or scrounging
  • constant tiredness.

Domestic Violence

Prolonged and/or regular exposure to domestic violence can have a serious impact on a child's development and emotional well-being. It can impact through:

  • posing a threat to an unborn child
  • blows landing on a child
  • distress whilst witnessing the physical and emotional suffering of a parent
  • abuse suffered by adult victims limiting their ability to look after the child.

Children's exposure to parental conflict can lead to anxiety and distress.

Race, Ethnicity and Culture

Professionals need to be sensitive to differing family patterns and lifestyles and to differences in child-rearing patterns across racial, ethnic and cultural groups. However, it must be emphasised that child abuse cannot be condoned for religious or cultural reasons. Professionals should work with the strengths and support systems available within families, ethnic groups and communities. They should guard against myths and stereotypes and should always act to safeguard and promote a child's welfare.

The particular needs of children of mixed parentage and refugee children should be taken into account. Every attempt should be made to ensure that messages are effectively communicated and that translation services are used where possible and appropriate.

All organisations should address institutional racism.


Appendix 3: Role of the Named / Designated Officer / Safeguarding Champion

This role is key to ensuring that proper procedures and policies are in place and are followed with regard to Child Protection and Safeguarding issues.

The Named/Designated Officers at Clifford House are the Operations Manager and Quality Assurance Manager.

They take lead responsibility for dealing with child protection and safeguarding issues, providing advice and support to other staff, liaising with the local authority (LA) and LADO, and working with other agencies. The designated person has the authority within the Clifford house management structure to commit resources to child protection matters, and direct staff.

The broad areas of responsibility of the Named/Designated Officers are:

  • To refer cases of suspected abuse or allegations to the relevant Children's Social Care agency
  • To act as a source of support, advice and expertise  when deciding whether to make a referral by liaising with relevant agencies
  • To liaise with Human Resources and to inform him/her of any issues and ongoing investigations.

Training:

This person is trained to recognise how to identify signs of abuse and when it is appropriate to make a referral and to have a working knowledge of how Local Safeguarding Children Boards operate, the conduct of a child protection strategy meetings and case conferences and be able to attend and contribute to these effectively when required to do so.

  • To oversee and ensure each member of staff has access to and understands the Clifford houses child protection and safeguarding policy.
  • To oversee and ensure all staff have induction training covering child protection and are able to recognise and report any concerns immediately they arise and ensure appropriate action is taken where this does not occur.
  • To be able to keep detailed accurate secure written records of referrals/concerns to Children's Social Care and the LADO.
  • To obtain access to resources and attend any relevant or refresher Safeguarding training courses at least every two years.

Raising Awareness:

  • To ensure each homes child protection and safeguarding policy is updated and reviewed annually.
  • To ensure placing authorities and commissioning teams see copies of the child protection safeguarding policy and that they are aware  that referrals may be made whether current or historical and that the insurers for Clifford House will be informed.
  • To ensure that, when children leave their child protection file transferred.
  • To ensure all allegations against Clifford House staff are recorded on the relevant log.


Appendix 4:  Reporting Suspicions/Allegations Flowchart

For details of the process once the supervision/allegation has been reported, please see Summary of Process Post Referral Flowchart .

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