Safeguarding Children and Young People
REGULATIONS GUIDANCE AND STANDARDS
Working Together to Safeguard Children
The Fostering Services (England) Regulations 2011:
Regulation 11 - Independent fostering agencies—duty to secure welfare
Regulation 13 - Behaviour management and children missing from foster parent's home
Fostering Services: National Minimum Standards
STANDARD 4 - Safeguarding Children
Safeguarding Children Partnership Procedures
All South West Local Authorities Safeguarding Procedures
SCOPE OF THIS CHAPTER
This chapter explains the procedure to be followed where there are concerns that any child has suffered, or is likely to suffer, significant harm. It should be read in conjunction with the Information Sharing and Confidentiality Procedure.
This policy is relevant to all of Community Foster Care and Community Family Care services and activities.
Where there are concerns that a child in our care has, or is likely to suffer Significant Harm as a result of the actions of a foster carer, member of staff or volunteer of the agency, see the Managing Allegations Against Staff and Foster Carers Procedure.
AMENDMENT
In November 2021 this chapter was refreshed to reflect local guidance.
Contents
- Introduction and Definitions of Abuse and Neglect
- Reporting Concerns or Allegations
- Section 47 Enquiries
1. Introduction and Definitions of Abuse and Neglect
Safeguarding and promoting the welfare of children and young people and, in particular protecting them from abuse and harm, is everyone's responsibility and depends on effective joint working between all staff and carers, and relevant agencies and practitioners.
Community Foster Care is committed to safeguarding and promoting the well-being of children and young people, so that they can experience a healthy and happy childhood free from abuse and neglect.
The local authority has a duty to safeguard and promote the welfare of all children, and to investigate and take action as necessary to protect children and young people when there are concerns that they have been abused or neglected.
All staff, carers and volunteers have a responsibility to report any concerns of abuse or neglect and to take all allegations seriously, and report them to their manager or an independent person - such as the Local Authority, Police, Regulatory Authority or the NSPCC.
The procedures in this chapter are mandatory and any failure to comply with them will be addressed through appropriate disciplinary procedures.
The Children Act 1989 introduced Significant Harm as the threshold that justifies compulsory intervention in family life in the best interests of children, and gives local authorities a duty to make enquiries (under Section 47) to decide whether they should take action to safeguard or promote the welfare of a child who is suffering, or likely to suffer, significant harm. Physical abuse, sexual abuse, emotional abuse and neglect are all categories of significant harm.
The statutory guidance Working Together to Safeguard Children uses the following definitions:
- Physical abuse - a form of abuse which 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.
- Sexual abuse - Involves forcing or enticing a child or young person to take part in sexual activities, 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 also 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. Sexual abuse can take place online, and technology can be used to facilitate offline abuse.
Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children; - Emotional abuse - 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 a child 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 a 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 online bullying), 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; - Neglect - 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); or
- Ensure access to appropriate medical care or treatment.
Suspicions or allegations that a child is suffering or likely to suffer significant harm may result in an assessment incorporating a Section 47 Enquiry.
There are no absolute criteria on which to rely when judging what constitutes significant harm. Sometimes a single violent episode may constitute significant harm but more often it is an accumulation of significant events, both acute and longstanding, which interrupt damage or change the child's development.
Sometimes 'significant harm' refers to harm caused by one child to another (which may be a single event or a range of ill treatment), which is generally referred to as 'child-on-child abuse.'
2. Reporting Concerns or Allegations
The following assumes that there are no concerns or allegations against the foster carer(s) or staff or volunteers of the fostering service. If there are any such concerns, see the Managing Allegations Against Staff and Foster Carers Procedure. |
2.1 Reporting Concerns/Allegations
If a child tells you they are experiencing abuse, it's important to reassure them that they've done the right thing in telling you. Make sure they know that abuse is never their fault. Never promise a child that you will keep the things they're telling you a secret. Explain that you need to share what they've told you with someone who will be able to help.
This section relates to a child placed with a foster carer approved by the agency.
Any concerns in relation to the abuse or neglect of a child placed with a foster carer approved by the agency must be reported promptly to the child's allocated social worker and the carer's Supervising Social Worker. The Supervising Social Worker will share the concern with the Designated Manager for Safeguarding in the agency. See Section 2.3, Action by Designated Manager for Safeguarding.
Any concerns or allegations of significant harm to a child must be reported to your line manager and the Local Authority in line with the relevant Local Safeguarding Children Board.
Outside office hours, the Children's Social Care Out of Hours Service should be contacted.
Allegations that another child, a visitor, a person in the community, teacher, social worker, parent or any other person has harmed the child in placement should also be reported to the child's allocated social worker, foster carer's Supervising Social Worker or Out of Hours Service.
Where a concern or allegation about historical or non recent abuse is made this must still also be shared with the child's allocated social worker and carer's Supervising Social Worker; - there should not be an assumption that the concern has been dealt with.
All actions should be recorded in full by the relevant staff members, carers or volunteers.
This section relates to a child NOT placed with a foster carer approved by the agency (all other children).
Any concerns or allegations of significant harm to a child must be reported to your line manager and the Local Authority in line with the relevant Local Safeguarding Children Partnership Procedure.
You or your manager will agree who will share the concern with the Designated Manager for Safeguarding in the agency. See Section 2.3, Action by Designated Manager for Safeguarding.
Outside office hours, the Children's Social Care Out of Hours Service should be contacted.
Where a concern or allegation about historical or non recent abuse is made this must still also be shared with the Local Authority in line with the relevant procedures; - there should not be an assumption that the concern has been dealt with.
All actions should be recorded in full by the relevant staff members, carers or volunteers and parents/carers should be informed unless to do so would place the child at risk. Workers should make the child aware if they are sharing information with parents/carers.
2.2 Emergency Action
Where there is an immediate risk to a child, the foster carer(s) or staff member must take the immediate necessary action they see fit to protect the child, which may include calling the Emergency Services e.g. the Police or Ambulance Service.
If the child is taken to hospital or the Police are called, the foster carer(s) or staff member must inform them of any concerns in relation to possible abuse or neglect.
Wherever possible the following people should be notified:
- The child's parent/s (those with parental responsibility);
- The relevant Local Authority Children's Services department (this can be the child's allocated social worker where there is one;
- The lead CFC practitioner working with the child, for instance the Supervising Social Worker;
- Your Manager and should be contacted as soon as the staff member, foster carer or volunteer become aware of the child's need for emergency attention. However they should not delay taking action in order to do so. In this case they should be notified as soon as practicable afterwards. The Designated Manager for Safeguarding within the agency should also be notified.
All actions should be recorded in full by the staff member, carer or volunteer.
All actions should be recorded in full by the carer.
2.3 Action by Designated Manager for Safeguarding
At Community Foster Care the Designated Manager for Safeguarding in all fostering related matters i.e. where the child is placed with a foster carer, is the Registered Manager.
In all non Fostering Community Family Care work the Designated Manager for Safeguarding is the Service Manager.
When a concern or allegation of abuse or neglect has been reported to the Designated Manager for Safeguarding within the agency, they will then decide whether to make a referral to the local authority's Children's Social Care. The referral will be made to the Children's Social Care for the area where the significant harm is suspected in accordance with the relevant Multi Agency Safeguarding Children Procedures.
The parents' permission should be sought before discussing a referral about them with other agencies, unless permission-seeking may itself place a child at risk of significant harm. Where the Designated Lead for Safeguarding decides not to seek parental permission before making a referral to Children's Social Care, the decision must be recorded with reasons.
Referrals can usually be made by telephone in the first instance, but Children's Social Care will require any telephone referral to be followed up in writing. Children's Social Care will make a decision about the type of response that is required within 1 working day and provide feedback to the referrer.
Where no feedback is received as to the action taken, the Designated Manager for safeguarding should contact Children's Social Care in order to establish the action taken.
Once feedback is received, if the Designated Safeguarding Manager does not agree with the Children's Social Care response, the LSCP Resolving Professional Differences / Escalation Policy should be followed.
The following people/agencies should also be notified that a referral has been made:
- The child(ren)'s social worker (where allocated), who will decide any actions that need to be taken to protect the child(ren) e.g. whether it is necessary to change placements;
- The Regulatory Authority, if a Section 47 Enquiry is initiated;
- The Responsible Individual.
2.4 The Role and Responsibilities of the Designated Managers for Safeguarding
The Designated Manager for Safeguarding is required to:
- Ensure safeguarding policies and procedures are in place and understood by all staff and volunteers;
- Ensure policies include the process for accurate, confidential recording, storing and sharing of information;
- Manage allegations of abuse against people who work with children;
- Maintain a record of staff training and training plan in relation to child protection and safeguarding;
- Ensure effective measures are in place for safe recruitment and their working relationships with outside agencies.
2.5 Information Sharing
See also Information Sharing and Confidentiality Procedure.
Under no circumstances should information about the concerns/allegations be given to a person who is implicated or against whom an allegation has been made until this has been agreed with Children's Social Care and/or the Police.
Information about the actions taken should be shared with the child's carers and other relevant members of staff within the agency on the basis of their need to know.
Where there are concerns about significant harm to a child and this leads to an Assessment by Children's Social Care, full information about the child should be shared with Children's Social Care in order for the necessary assessments to take account of the full picture in relation to the child.
3. Section 47 Enquiries
Where Children's Social Care decides to undertake a Section 47 Enquiry as a result of the referral, the agency will cooperate fully with the local authority, attend Strategy Meetings as required and share information from their case records in order to assist the local authority to take account fully of all the available background information.
The agency will agree with Children's Social Care who will be responsible for notifying the Regulatory Authority, and keeping them updated.