1.12.2 Child/Adult Protection

Contents

1. Introduction, Summary and Definitions of Significant Harm
2. Protection of Children and Young People
3. Allegations Against Young People
4. Protection of Vulnerable Adults

1. Introduction, Summary and Definitions of Significant Harm

1.1 Introduction and summary

All Local Authorities have a duty to promote and safeguard the welfare of children in their area and to investigate and take necessary action to protect children who have or are likely to suffer Significant Harm (defined below).

The Local Safeguarding Children Board (LSCB) (for Adults: Adult Safeguarding Board) is the inter-agency forum which acts as the coordinator for all agencies and professionals to work together.  Each area normally has its own Child or Adult Protection Procedures (the London Boroughs share one set of Child Protection Procedures - as do other regions in the country).

If there is an allegation of abuse or if neglect or abuse is suspected managers and staff are expected to adhere to this Chapter in conjunction with Safeguarding Children/Adult Board procedures in the area where their home is located and those of the Placing Authority. The Matter may also be referred to the Regulatory Authority.

Staff/carers must report any concerns, suspicions or allegations of Significant Harm (defined below) relating to any child receiving services from The Continuum Group.

Staff should report concerns to the Designated Child Protection Manager of the Home unless the concern relates to the Designated Child Protection manager, in which case, the report must be made to a manager not implicated or to one of the following:

• Police Officer
• The NSPCC
• The Regulatory Authority
• Officer of the Local Authority in whose area the Home is situated.

Any action taken must not alert the person(s) who may have caused the Significant Harm. 

1.2 Definitions

There are 4 types of abuse that are commonly used:

• Physical Abuse
• Emotional Abuse
• Neglect
• Sexual Abuse

However, the wider term that is used in this Chapter, is Significant Harm, which encompasses the four common forms of abuse and has a wider meaning.

For detailed guidance on the meaning and identification of Significant Harm, see Recognising and Treating Abuse Guidance.

2. Protection of Children and Young People

The following actions should be taken when where there is any allegation or suspicion of Significant Harm, or any likelihood that Significant Harm may occur in relation to a child. This includes harm perpetrated by another child (including serious or persistent bullying), a visitor, a person in the community, teacher, social worker, parent, other carer including colleagues within the business.

2.1 Who to Notify

Staff should report concerns to the Designated Child Protection Manager unless this manager is implicated. In which case staff must notify one of the following:

• A senior manager who is not implicated*
• The Responsible Individual is informed of all Safeguarding matters
• The Child or Young Persons placing authority Social Worker
• A Police Officer
• The NSPCC
• The Regulatory Authority
• Officer of the Local Authority Children's Services in whose area the Home is situated
• Contacting 999 (emergency Service, for example fire and Ambulance services).

2.2 Notifying the manager/colleagues

Throughout the following procedure, there are requirements to notify or consult line managers. This assumes there are no allegations or concerns that relate to the manager, if there are, staff must notify/report to a manager who is not implicated or go direct to Children's Services or another agency listed above.

Additionally, information about concerns or allegations must not be discussed or given to any other person who is implicated, e.g. colleagues or children.

2.3 Emergencies

In an emergency, where there is an immediate risk to the child, staff must take necessary action. This may involve asking for Police assistance or seeking emergency medical assistance e.g. taking the child to hospital or contacting the emergency services via 999. If the child is taken to hospital or the Police are called, staff must inform them that there is a suspicion of abuse or harm. Thereafter staff must notify the Local Child Protection Officer/Manager (or other agency) as described above.

2.4 Contacting the LSCB/Children's Services and senior management

Once notified, the Local Child Protection Officer/Manager will be responsible for following the Local Safeguarding Children Board procedures and making contact with the Local Authority Children's Social Care Services. (See Section 2.6, Action by the Manager).

The manager must inform the Designated Child Protection, who must inform the Regulatory Authority of the instigation and outcome of any subsequent Child Protection Enquiry.

At this stage any action taken must not alert the person(s) who may have caused or be implicated in causing the abuse or harm, without the consent of the Local Safeguarding Board and Designated Child Protection Manager.

2.5 Good Practice Guidance

The following is good practice that must be followed.

Staff members seeing, hearing or being told anything that causes them to become concerned that a child or young person may be at risk of, is being or has been abused must report it immediately to a manager.

Non-action is not an option in the protection of children and all staff has a duty to act.

Children and young people will sometimes disclose abuse to an adult who they have come to feel they can trust. If a child or young person discloses abuse it is important that staff respond appropriately by remaining calm and receptive; listening without interrupting; only asking questions of clarification; acknowledging the child's courage in telling.

It is not staff members responsibility to investigate or in any way make judgements about what is reported to them.  Investigations, if necessary, must be undertaken by properly trained, independent professionals.

If a disclosure or allegation of abuse or harm has been made, staff should discuss with the child or other person who has made the complaint what steps they would like taken to protect them and their wishes should be shared and, if not in conflict with procedures, followed.

Where the allegation is of an historical nature, e.g. relating to abuse or harm that may have been perpetrated in another placement or by family members, allegations must be taken seriously and must be reported in the same way as any other allegation.

Staff must not give absolute guarantees of confidentiality to those who report possible abuse or harm, but they should guarantee that they will take steps to ensure that appropriate action is taken and the child or young person protected.

If an allegation or any suspicion is about the behaviour, past or present of another member of staff, including managers, which may in any way put children at risk, staff must follow the reporting procedures in accordance with:

Section 2.1, Who to Notify or

Section 2.3, Emergencies

Staff must make a written record as soon as possible of their concerns, what they have been told, any 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 on the child's file except where a colleague is implicated or there is any risk to the child as a result, in which case notes/records should be given to the manager dealing with the matter.

Staff should not discuss the matter with others, including other staff, parents etc. unless asked to do so by those responsible for dealing any subsequent investigation or enquiry.

2.6 Action by the Manager

After receiving a report of a concern, suspicion or allegation of abuse or harm, the manager must firstly take any steps needed to protect any child or young person from risk of immediate harm.

The manager should be familiar with and follow the Local Safeguarding Children Board procedures in the area in which the home is located. These procedures will normally require the Designated Child Protection Manager to contact the relevant Local Authority Children's Social Care Services team.

The Designated Child Protection Manager should also inform the Regulatory Authority of the instigation and outcome of any subsequent Child Protection Enquiry (See Notification of Significant Events Procedures).

It will be for the Local Authority Children's Social Care Services team, probably after discussing the matter with the Placing Authority and conducting a Strategy Discussion/Meeting, to decide whether to initiate a Child Protection Enquiry and, if so, to agree the following with the Designated Child Protection Manager:

1. Who should inform the child's parent(s)
2. Arrangements for any medical examination of the child
3. Any immediate arrangements for protection of the child
4. Any immediate arrangements for protection of other children involved or at risk
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 taken.
7. if the alleged perpetrator includes a member of staff the Human Resources Department should be informed and kept updated of any further progress in relation to the investigation. Any staff support and welfare needs will be managed by the HR Department.

The Designated Child Protection Manager should ensure that the child is supported during any enquiries/investigation, this may require an independent advocate or independent person to be involved. The Designated Child Protection Manager should also ensure that all staff co-operate fully. 

3. Allegations Against Young People

Significant Harm can be perpetrated upon one child by another in many different ways, including persistent or serious Bullying, sexual exploitation, aggressive, exploitive or other threatening behaviour which places a child at risk. For detailed guidance on the forms of behaviour that may constitute Significant Harm see Recognising and Treating Abuse Guidance.

Where there is any suspicion or allegation of Significant Harm perpetrated by one young person upon another, the Designated Child Protection Manager must be notified (unless there is an emergency: See Section 2.3 Emergencies) and should consult the relevant Child Protection Team and social workers with a view to protecting the rights of both victim and alleged perpetrator.

It may be necessary, dependent on an assessment of all the facts, 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.

4. Protection of Vulnerable Adults

A vulnerable adult is a person aged 18 or 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 may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.

For the purposes of this procedures, such adults may include people with:

• learning or physical disabilities
• a sensory impairment
• mental health needs
• who are HIV positive
• substance misuse needs
• dementia.

Abuse may consist of a single act or repeated acts. It may be physical, verbal or psychological, it may be an act of neglect or an omission to act or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented or cannot consent. Abuse can occur in any relationship and may result in Significant Harm to or exploitation of the person subjected to it. Some cases of abuse and neglect may fall under the classification of domestic violence.

4.1 Action to take if you have a concern

If there are any concerns about the vulnerability of an adult or allegations/reports that an adult may have been mistreated or abused, they must be reported to a manager (see last paragraph).

The Manager must consult relevant social worker(s) or the Placing Authority.  Such consultations should not be made without the consent of the vulnerable adult, unless notifying the adult places them at risk; in which case, the manager must consult the social worker/Placing Authority before notifying the adult.

In consultation with the social worker/Placing Authority, consideration should be given to making a referral to the Safeguarding Adults Team in the area where the abuse is suspected to have taken place.

Where a child is also at risk, e.g. as a result of Domestic Violence, the local Safeguarding Children's Board must be contacted.

At all times, the manager must take reasonable steps to protect the vulnerable adult from harm; where a person is in immediate danger, urgent action should be taken at once by calling the emergency services.

Re notifying the Manager

If there are concerns about the manager, go to another manager or directly to the Placing Authority/Social Worker.

End