Safe Working Practice Guidance: Safe Touch / Safe Care

RELATED PROCEDURES

Derby and Derbyshire Safeguarding Children Partnership Procedures

Behaviour Management and Safe Caring (Derbyshire Children's Services Online Procedures)

PLEASE NOTE

It is recommended that staff to spend time reading this guidance as it contains a lot of information about what is expected from them in their role as Residential Childcare Worker.

AMENDMENT

In June 2016, this guidance was reviewed locally and updated throughout as required. It is recommended that staff read the revised guidance in full.


Contents

1. Introduction
    Background
    Purpose of the Guidance
    Duty of Care
    Confidentiality
    Expectations of the Local Authority for Residential Children's Workers
    Sharing Concerns, Whistle Blowing and Recording Incidents
    Recruitment/Suitability
    Propriety of Behaviour
    Dress Code
    Key Principles for Good Practice
2. Safe Touch with Children and Young People
    Physical Contact between Staff and Children
    Sexual Contact
    Children and Young People in Distress
    Relationship/Behaviour Management
    Use of Control and Physical Intervention
    Intimate/Personal Care
3. Safe Care in the Supervision of Children and Young People
    Staff Presence in Bedrooms
    One to One Situations/Lone Working
    Contact with Parents, Siblings and Friends
    Social Contact
    Gifts, Rewards, and Infatuation
    Transporting Children and Young People
    Holidays, Trips and Outings Inside and Outside of the UK
    First Aid, Household Remedies and Administration of Medication
    Countering Bullying
    Children who go Missing from Care
4. Communication with Children and Young People
    Use of Technology and Access to Inappropriate Images and Internet Usage
    Photography and Video


1. Introduction

The term 'Touch' is used throughout this guidance in two different contexts. 'Touch' as a form of Physical Intervention designed to prevent a child or others from being injured or to protect property from being damaged; and the use of 'Touch' to enable staff/carers to demonstrate affection, acceptance and reassurance. Guidance is also provided elsewhere on the use of touch as a form of physical intervention (see Use of Restraint and Physical Intervention Procedure). This guidance provides advice on touch as a demonstration of affection, acceptance and reassurance.

It is acknowledged that touch raises particular issues for those working with children. Staff/carers may be anxious about allegations of inappropriate physical contact with children. Touch is acceptable; but staff/carers should consider appropriate touch and culture and boundaries.

This guidance has been produced taking into account the following:

This guidance should be read in line with the following:

Background

The vast majority of staff working in Children's Homes who work with children and young people act professionally and aim to provide a safe and supportive environment which secures the well-being and very best outcomes for the children and young people in their care. However, it is recognised that in this area of work tensions and misunderstandings can occur and allegations of abuse can be made against staff. Allegations can be malicious or misplaced and may arise from differing perceptions of the same event. Equally, it must be recognised that some allegations will be genuine as there are adults that will deliberately seek out, create or exploit opportunities to abuse children. It is therefore essential that all possible steps are taken to safeguard children and young people and ensure that staff working with them are safe to do so.

Derbyshire County Council, and specifically the residential care sector for Children's Homes, promotes the social pedagogical and positive play approaches for residential staff working with and caring for children and young people accommodated; As a result care practice has become more creative and relaxed. A more restorative and reflective approach has developed which is supported by the Horizons psychological services for Children in Care (a service made up of clinical and educational psychology). Horizons provide monthly emotional and wellbeing consultancy to individual Children's Homes throughout Derbyshire for the staff teams whereby staff can reflect upon their care provided for the children and young people to ensure better outcomes for them. This also includes individual sessions for the key teams to ensure specific individual care planning for their key child. Quarterly sessions for the manager/deputy are also available to ensure good planning for the home. Advice will be given from Horizons on a variety of theories/models such as, attachment and safe touch/theraplay and how to put this into practice. Please refer to Appendix 1: Horizons Information Leaflet on Touch written by Dr. Helena Houghton (Consultant Clinical Psychologist for Horizons) with regard to psychological ways of working with children and young people in relation to safe touch and support.

We recognise the importance of touch and safe care and residential services are working with the Derby and Derbyshire Safeguarding Children Partnership to ensure that staff are supported to work safely with children and young people and therefore appropriately trained and advised.

We appreciate that touch can be difficult to provide guidance about as it involves individual people (staff, children and young people), group living, individual/group relationships and the complexity of personal feelings, we acknowledge that situations can be different. However, we are committed to ensuring that the children and young people who are cared for by Derbyshire deserve the highest quality safe services so we will continue to explore best practice backed up by research.

In addition to safe touch practices, safe care practices are equally important in building good solid trusting relationships between children/young people and staff. The relationships rely heavily on good communication and models of managing relationships/behaviour, with emphasis being placed on ensuring that each staff team is skilled, knowledgeable and able to understand how best to support the children and young people by using restorative practice approaches. All staff are trained in restorative approaches by Dr Claire Cruse (Education Psychologist).

The following provides some insight into our expectations of staff and their practice with the children and young people as "a restorative approach in a care setting shifts the emphasis from managing behaviour to focusing on the building, nurturing and repairing of relationships. Behaviour management policies tend to focus only on the behaviour of children/young people and usually include reference to Additional Measures in the event of rule breaking. These Additional Measures have the potential to harm the crucial adult-child relationship. A restorative care home would need, in contrast, a relationship management policy, which considers the needs and responsibilities of every member of that community towards each other" (Thorsborne 2003).

"The development of such a policy is informed by the values and principles that inform a restorative approach. These values and principles include openness, self-determination, collaboration, flexibility, equality, non-discrimination, non-violence, fairness, respect, empowerment, trust, honesty, voluntarism, healing, personal accountability, inclusiveness and accountability" (Barton 2003; Quill and Wynne 1993; RJC 2004). These values resonate with many of the findings from Clough et al (2006) about what is needed in residential child care and are echoed by countless participants on restorative training courses when asked what they need to work at their best with colleagues and young people.

In order to engage in a restorative approach to conflict and challenging behaviour in care settings, adults and young people alike need to develop:

  • A willingness to listen to others' perspectives on a situation and suspend the notion that there is only one way of looking at something (Crawley 1995; Stone et al. 1999);
  • An ability to listen to the feelings and needs behind others' words, especially if these words are offensive, hurtful or accusatory (Rosenberg 1999);
  • An ability to be in touch with one's own feelings and needs so that these can be expressed in a way that gets heard and understood by others (Rosenberg 1999); an
  • A commitment to giving everyone a chance to share their story (Pranis 2001).

Again many of these skills are those identified by Clough et al (2006) as key to best practice in residential child care.

The contribution that restorative training makes is to indicate how these key values, principles and skills can be applied in a consistent and congruent way even when staff find themselves faced with difficult and challenging situations. The starting point comes in an important mind-set shift in approaching conflict and wrongdoing. The key to a restorative encounter is a focus on the harm that has happened rather than who is to blame, coupled with a desire to empower those involved to repair the harm by giving them ownership of the problem and its resolution.

Purpose of the Guidance

This guidance aims to provide consistency for staff about how to understand and work in an arena of safety with an aware culture in order to provide those working in the Children's Homes with a safe, secure and responsive environment which reduces the risk of adults being unjustly accused of improper or unprofessional conduct; and secures the very best outcomes for children and young people.

The guidance cannot however, provide advice for every eventuality. Although every attempt will be made to cover a wide range of circumstances, it is expected that all staff will read and discuss this policy when they commence employment, and also discuss within formal supervision and during team meetings to gain an in-depth understanding/insight into how to protect children and young people, staff and yourselves.

Where no guidance exists staff should

  • Discuss the circumstances that informed their action, or their proposed action with a senior manager;
  • Report any actions which could be misinterpreted to a senior manager;
  • Always discuss any misunderstanding, accidents or threats with a senior manager;
  • Always record discussions and reasons why actions were taken;
  • Record any areas of disagreement about the course of action taken and if necessary referred to a higher authority seek advice from their senior manager and discuss in supervision.

It is crucial that any concerns and allegations about any adults (whether employed by the local authority or not), should be treated as confidential, and passed to a senior manager. The Derby and Derbyshire Safeguarding Children Partnership Procedures should be followed.

Duty of Care

All adults who work with children and young people have a crucial role to play in shaping their lives, staff have a unique opportunity to interact with children and young people in ways that are both affirming and inspiring. All adults who come into contact with children and young people in their work have a Duty of Care under the Health and Safety at Work Act 1974 (the duty which rests upon an individual to ensure that all reasonable steps are taken to ensure the safety of a child or young person involved in any activity, or interaction for which that individual is responsible. Any person in charge of, or working with children and young people in any capacity is considered, both legally and morally, to owe them a duty of care) to be accountable for the way in which they exercise authority, manage risk, use resources and safeguard the children to promote their welfare. This means that staff who work with children need to keep children and young people safe and to protect them from physical, sexual and emotional harm and staff need to be competent, confident and safe to so.

The Children Act 2004 and Working Together to Safeguard Children place a duty on organisations to safeguard (a process of protecting children from abuse or neglect, preventing impairment of mental and physical health and development, ensuring they are growing up in circumstances consistent with the provision of safe and effective care andtaking action to enable all children to have the best outcomes) and promote the well-being of children and young people. This includes the need to ensure that the staff who work in our Children's Homes are competent, confident and safe to do so.

Children and young people have a right to be treated with respect and dignity, where caring respectful relationships can develop between the children and the adults. The trusted adults caring for the children are expected to take reasonable steps to ensure the safety and well-being of the children and young people, who at all times should demonstrate integrity, maturity and good judgement. Failure to do so may be regarded as neglect.

It is important that staff working in the Children's Homes understand that they are in a position of trust and that the relationship between an adult and a child or young person cannot be a relationship of equals. Therefore adults have a responsibility to ensure that an unequal balance of power is not used for personal advantage or gratification.

Trusted adults are expected to take reasonable steps to ensure the safety and well-being of children and young people and failure to do so may be regarded as neglect. Adults who deviate from this guidance and/or their professional practice or employment related code of conduct may bring into question their suitability to work with children and young people.

Confidentiality

Confidentiality is very important when working with children and young people, as carers may have/be given access to highly private and sensitive information. These details must be kept confidential at all times and only shared when it is in the interest of the child. Information must not be used to humiliate, intimidate or embarrass the child or young person. However, whilst carers need to be aware of the need to listen to and support children and young people, they must also understand the importance of not promising to keep secrets or requesting the child or young person to do this.

Expectations of the Local Authority for Residential Children's Workers

All adults working with children and young people have a responsibility to maintain public confidence in their ability to safeguard the welfare and best interests of children and young people. The expectations are that staff will adopt high standards of personal conduct in order to maintain the confidence and respect of the public in general and all those with whom they work. It is acknowledged that touch raises particular issues for those working with children and young people and staff/carers may be anxious about allegations of inappropriate physical contact with the children and young people. However, touch is acceptable, as long as staff consider the appropriateness of touch and the culture and boundaries around touch.

The culture of the home should be such that touch is encouraged as a positive and safe way of communicating affection, warmth, acceptance and reassurance. Staff and children should be encouraged to use touch positively and safely. But it is important for staff and children to know if boundaries exist for the individual children they should be set out in their Care Plan / Individual Placement Care Plan and/or their Safe Care Plan or any other relevant plan.

Sharing Concerns, Whistle Blowing and Recording Incidents

Staff should be aware of the Derby and Derbyshire Safeguarding Partnership Procedures, Allegations Against Staff, Carers and Volunteers Procedure and the DCC Whistleblowing Confidential Reporting Code. This code is also known as "Whistleblowing" which is a mechanism by which staff can voice their concerns, made in good faith, without fear of repercussion.

Staff should always feel able to discuss with their line manager any difficulties or problems that may affect their relationship with children and young people so that appropriate support can be given or action taken. All investigations must be taken seriously and properly, in accordance with the local procedures and statutory guidance.

Staff need to be aware that it is important to bring individual matters of concern to senior managers and/or relevant external agencies. This is particularly important where the welfare of the children and young people may be at risk and those who use the whistleblowing procedure will be protected of their employment rights. It is important that accurate and comprehensive records are maintained wherever concerns are raised about the conduct or action of any adult working with or on behalf of the children and young people.

Staff who are the subject of allegations are advised to contact their professional association (Trade Union). In the event of any allegation being made to someone other than a manager, the Derby and Derbyshire Safeguarding Children Partnership Procedures should be followed; information should be clearly and promptly recorded and reported to a senior manager without delay.

Recruitment/Suitability

Home's managers should ensure that all candidates recruited to work within a children's home are safe and suitable to work in such an environment. This includes ensuring that the Derbyshire County Council Recruitment and Selection process is followed and that all the relevant checks required are followed and recorded in line with the policies and procedures.

Propriety of Behaviour

Derbyshire County Council has an expectation that those working for the authority will act as good/excellent corporate parents for the children and young people in their care, acting in the best interest of the child at all times. Staff should be aware that behaviour in their personal lives considered to compromise their position in the workplace may impact upon their suitability to work with children and young people. Behaviour and actions of their partner (or other family members) which are deemed to be a potential risk to children may also raise questions about their suitability to work with children and young people.

Dress Code

Whilst a person's dress and appearance are matters of personal choice and self-expression, adults who work with children and young people should ensure that they take care to dress appropriately for their role and tasks at work which they undertake, this means that clothing that could be viewed as offensive, revealing or sexually provocative should not be worn and that it should not distract, cause embarrassment or give rise to misunderstanding, that it is absent from any political or otherwise contentious slogans and is not considered to be discriminatory and is culturally sensitive. This may mean that staff may need to dress differently to how they would dress if they were not at work. All parties should always be appropriately dressed. Staff should ensure that all children and young people have appropriate night clothes.

Key Principles for Good Practice

Staff should:

  • Safeguard and promote the welfare of children and young people, including attending safeguarding training;
  • Adhere to the Health and Safety Duty of Care Regulations and follow the Departments Codes of Conduct Policy;
  • Use this documentation within induction process, supervision, appraisal/My Plan sessions and team meetings in order to have a clear understanding about the nature and content of this document and to foster an open culture of support;
  • Discuss uncertainties/confusion about this document with your line manager;
  • Understand those behaviours which may call into question the suitability of staff to continue to work with children and young people to reduce the incidence of trust being abused or misused and avoid any conduct which may lead any reasonable person to question their motivation and intentions;
  • Support managers and colleagues in setting clear expectations of behaviour and/or codes of practice relevant to the Children's Homes, including supporting safer recruitment;
  • Work in an open and transparent way and be responsible for own actions and behaviour, including monitoring and reviewing your own standards and practice;
  • Keep children safe by clarifying with them which behaviours constitute safe practice and which behaviours should be avoided;
  • Ensure colleagues follow the guidance contained in this document;
  • Minimise the risk of misplaced or malicious allegations made against adults who work with children and young people;
  • Report any allegations immediately to your line manager, if not available, report to a senior manager. Do not stop until you have told a manager;
  • Follow the Data Protection Act 2018 and UK General Data Protection Regulations (UK GDPR) with regard to storing and processing information about children and young people and to seek advice from a senior manager if in doubt about sharing information they hold or which has been requested of them.

Staff should not:

  • Use their position to gain access to information for their own or others advantage;
  • Use their status and standing to form or promote relationships which are of a sexual nature, or which may become so;
  • Use their position to make personal comments which scapegoat, intimidate, bully, humiliate, demean, threaten, coerce or undermine children or young people and/or which may be interpreted as such;
  • Behave in a manner which would lead any reasonable person to question their suitability to work with children or act as a role model.

The organisation should:

  • Ensure that Codes of Conduct/practices are continually monitored and reviewed Support employers in giving a clear message that unlawful or unsafe behaviour is unacceptable and that, where appropriate, disciplinary or legal action will be taken;
  • Ensure that where services of activities are provided by another body, the body concerned has appropriate safeguarding policies and procedures;
  • Ensure systems are in place for concerns to be raised (refer to DCC Whistleblowing Confidential Reporting Code);
  • Ensure that adults are not placed in situations which render them particularly vulnerable;
  • Ensure that all Job Descriptions and Person Profiles clearly identify competencies necessary to fulfil the Duty of Care (refer to My Plan).


2. Safe Touch with Staff and Children/Young People

Physical Contact between Staff and Children

Please read in line with Recognising Abuse and Neglect Procedure.

Physical touch is an essential part of human relationships and within the role of a children's residential worker you may be required to have physical contact with the children and young people that you are caring for. There are occasions where it is entirely appropriate for staff to have some physical contact with the children and young people they are caring for. However, it is crucial that in all circumstances, staff only touch children in ways which are appropriate to their professional or agreed role and responsibilities. Touch can be used to facilitate relaxation or enable the child or young person to enjoy a positive emotional experience when in the sensory setting.

It is important that staff working with children and young people should act in the same way as a caring parent would, i.e. when making physical contact with a child this should only be in line with their Individual Placement Care Plan and their Safe Care Plan and only as a response to their needs at the time, for a limited duration. Consideration should be given to their age (both chronological and stage of development), gender and diversity, such as ethnicity, race, culture, religion, disability, sexual orientation and background.

When thinking about who is an appropriate person to touch a child it is vital to consider what the adult represents to the particular child - personal likes and dislikes will play a part in any relationship. From the outset of the placement there should be discussion with the child about what form of physical contact is acceptable to them. This information should be included in the Individual Placement Care Plan (IPCP) and Safe Caring Plan. Permission should be sought from a child or young person before physical contact is made (where a child is very young or has difficulties in understanding and communicating advice should be sought from parents/carers).

Other factors that have influence include the power of relationships between adults and children, along with role status, therefore particular attention should be paid to any issues of sexual, physical or emotional abusive past experiences/history as the background of the child will influence any decision about who represents a "safe" adult in their eyes:

  • Children who have been subject to physical or sexual abuse may be suspicious or fearful of touch. This is not to say that children who have experienced abuse should not be touched, it may be beneficial for the child to know different, safer and more reliable adults who will not use touch as a form of abuse;
  • Staff should have regard for these issues throughout the child's placement and be aware of any reactions to touch and modify their behaviour accordingly;
  • Children from ethnic minority backgrounds may be used to different types of touch as part of their culture.

Discussion should take place with the social worker and other involved professionals to plan how best to meet the child/young person's needs. A proper record of this should be kept (Individual Placement Care Plan) which will be fluid/changeable as relationships are developed and as the child matures, therefore it is important to be observant to situations and record the changes as they occur.

It is important to remember that many children living in Children's Homes have suffered from inappropriate/unwanted and detrimental abuse and/or neglect which may lead them to attempt to relate to others in inappropriate ways. Any unwanted physical contact by an adult, however well intended, may trigger unexpected reactions which can be misconstrued in certain children. All staff should be aware that physical contact may lead to a response which is difficult to understand and manage.

Where a child or young person initiates inappropriate contact, it is the responsibility of the staff member to ensure that contact is not exploited in any way and to sensitively deter the child without them feeling rejected, and to help them to understand the importance of personal boundaries. In such circumstances the incident should be reported to the manager in order for careful consideration, advice and support to be given to the situation. This may include a written report to be discussed with the department's Child Protection Manager and/or other professionals, such as the child's social worker and/or health professional and parents/carers as appropriate.

For each child/young person what constitutes an intimate part of the body will vary, but generally speaking it is acceptable to touch children's hands, arms and shoulders:

  • Other parts of the body are less acceptable to be touched by degrees and some parts of the body are "no go areas";
  • Therefore it may be appropriate to touch a child's knee or to stroke their hair - if the child indicates such touch is appropriate. To go beyond this would be unacceptable, even if the child appeared to accept it;
  • In any case, no part of the body should be touched if it were likely to generate sexualised feeling on the part of the adult or child;
  • Also no part of the body should be touched in a way that appears patronising or intrusive;
  • Therefore the context in which touch takes place is usually the decisive factor in determining the emotional and physical safety for both parties;
  • N.B. Kissing a child of any age on the mouth is not appropriate;
  • If a child approaches any member of staff in this way, attempts should be made to teach the child/young person an acceptable alternative (e.g. child kissing you on cheek), at puberty kissing is less appropriate, except in special situations e.g. birthdays, celebrations etc;
  • Physical contact should never be secretive or for the gratification of the adult, or represent a misuse of authority. If a member of staff believes that their action could be misinterpreted, or if any action is observed by another as being inappropriate or possibly abusive, the incident and circumstances must be reported immediately to the manager of the home or a senior manager outlined in the procedures for handling allegations and an appropriate record made. Parents/carers and Ofsted should be informed;
  • What message is being sent out to the child? If the intention is to positively and safely communicate affection, warmth, acceptance and reassurance it is likely to be acceptable.

In residential care, hugs should be offered only in sideways manner, sitting alongside a child to offer emotional support is more appropriate than allowing a child to sit on the lap of a member of staff. A fleeting or clumsy touch may confuse a child/young person or may feel uncomfortable or even cause distress.

Staff should touch with confidence and should verbalise their affection, reassurance and acceptance by touching and making positive comments, for example touching a child's arm and saying "well done". Where children/young people indicate that touch is unwelcome staff should back off and apologise if necessary. Staff should talk to colleagues and record their interactions with children. If particular strategies work, or not, colleagues should be informed so they can build on or avoid making the same mistake.

Touch of an equally positive and safe nature is acceptable between staff as it demonstrates positive role models for children and young people and shows that adults can get along and use touch in non-abusive or threatening ways. It is also acceptable to talk about how touch feels, about acceptable boundaries and expectations.

Play fighting in the context of caring for damaged children and young people, should be avoided as it:

  • Demonstrates and can reinforce an inappropriate model of contact and use of strength and power;
  • Can confuse and blur boundaries of appropriate touch;
  • Can serve as a cover for abusive practice;
  • Can arouse children and young people sexually;
  • Can evoke flashbacks for children and young people;
  • Can marginalise those not involved.

If for some children and young people play fighting is the only way to feel able to obtain physical contact, staff should discuss and agree strategies for managing and redirecting the child/young person into more appropriate methods of interactions, i.e. through sporting activities, aiming to phase out the undesired behaviour.

The key is for staff to help children and young people experience and benefit from touch, positively and safely, as a way of communicating affection, warmth, acceptance and reassurance.

Key Principles for Good Practice:

Staff should:

  • Be aware that even well intentioned physical contact may be misconstrued by the child, an observer or by anyone to whom this action is described;
  • Always be prepared to report and explain actions and accept that all physical contact be open to scrutiny;
  • Always encourage children, where possible, to undertake self-care tasks independently (see Intimate/Personal Good Care Practice Guidance);
  • Work within the Health and Safety Regulations;
  • Be aware of cultural or religious views about touching and always be sensitive to issues of gender;
  • Understand that physical contact in some circumstances can be easily misinterpreted;
  • Follow the Safe Care Plan and Child's Individual Placement Care Plan guidelines;
  • Ensure that their touch is non-abusive, with no intention to cause pain or injury, that it is in the best interest of the child and others;
  • Be aware that if they are alone with a child/young person that they have informed another staff on duty what they are doing and where they will be situated in order to ensure safeguards are in place (e.g. member of staff in eye sight/ear shot). These incidents must be recorded.

Staff must not:

  • Touch a child in a way that may be considered indecent, for example, do not touch within the bathing (bikini/trunks) costume area of a child or on/in any erogenous zones, e.g. on the neck/lips, middle of the back;
  • Indulge in play fighting or horse play.

The Organisation should:

  • Ensure a system is in place for recording incidents and means by which information about incidents and outcomes can be easily accessed by senior management (i.e. recorded on an incident form and sent to the manager/deputy of the home and the operations manager);
  • Ensure professional/organisational guidance is available re physical contact;
  • Be explicit about what physical contact is appropriate for adults working in residential care;
  • Record any concerns in supervision.

Sexual Contact

Please read in line with Recognising Abuse and Neglect Procedure.

Adults should always maintain appropriate professional boundaries and avoid behaviour which might be misinterpreted by others. Staff members (including volunteers, students or others), who witness this, should report and record any incident with this potential to their line manager. Allowing or encouraging a relationship to develop in a way which might lead to a sexual relationship is unacceptable, abusive and illegal.

Any sexual activity between an adult and a child or young person with whom they work is a criminal offence and will always be a matter for disciplinary action. Sexual activity relates to any physical contact including penetrative and non-penetrative acts and also includes non-contact activities such as causing children to engage in or watch sexual activity or the production of pornographic material. Working Together to Safeguard Children defines sexual abuse as "forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening".

Staff should be aware that consistently conferring inappropriate special attention and favour upon a child may be construed as part of a "grooming" process (i.e. where the sole purpose is to gain the trust of a child and manipulate the relationship so sexual abuse can take place) and as such will give rise to concerns about their behaviour.

Where a person is aged 18 or over is in a specified position of trust with a child under 18, it is an offence for that person to engage in sexual activity with or in the presence of that child, or to cause or incite that child to engage in or watch sexual activity.

Residential children's workers hold a position of trust and power and any behaviour which might allow a sexual relationship to develop or allow a child to think a sexual relationship may develop must be avoided. Staff have a duty of care to the children they are caring for, and the care given should provide an environment within which children can develop and mature.

As part of this process children need to learn to show respect and sensitivity to the needs of others as well as themselves. In learning to do this it is vital that they experience respect and sensitivity from the staff caring for them. As responsible adults all staff members should conduct themselves in a manner that shows respect for the welfare of the child. In practice this means that staff need to be especially vigilant in ensuring the child's welfare is safeguarded and promoted by considering and respecting their dignity, privacy and confidentiality.

Occasionally, a child/young person may develop an infatuation with a member of staff who works with them. It is important the staff deal with these situations sensitively and appropriately to maintain the dignity and safety of all concerned. It is important to always maintain professional boundaries and to report and record any incidents or indications (verbal, written or physical) that suggests a child/young person may have developed an infatuation to the home’s manager at the earliest opportunity so that appropriate action can be taken to avoid hurt, distress or embarrassment.

In an era of heightened awareness of the importance of children's safety and rights, it is important that they have access to education on the issue of sexuality. Lack of knowledge equates with disempowerment. Without an understanding of what is acceptable and unacceptable they will be unlikely to make a contribution in terms of keeping themselves safe. Knowledge, however limited, may enable them to exercise a degree of control over their lives and ultimately progress to a fulfilled and safe adulthood.

Staff working in Children's Homes and within the Disabled Short Break Services for children and young people need to take account of the Children Act 1989 which says "The experience of being cared for should also include the sexual education of the young person." This guidance aims to clearly define ways in which staff will address the needs of young people using residential and short break services. Whilst it may be acknowledged that the service is not intending to provide "formal" education service, it is recognised that caring for children and young people equates to providing a relaxed and stimulating environment where they may feel able to express emotions and ask questions; questions they may not necessarily ask of those close to them. They may make a series of statements which lack accuracy or show confusion. In such circumstances staff have a responsibility to respond positively. Such responses will be sensitive to the individual's level of understanding and will, according to the nature of the question, take account of any moral, emotional and cultural issues.

It is acknowledged that parents/carers may need advice/support in order to steer the children and young people through the differing stages of development and towards adulthood. This may be provided through informal discussion with staff as the philosophy of the home places the child centrally and parents/carers are a crucial component in promoting their child's welfare. Staff are there to befriend, and offer guidance and support to the children and young people about relationships, their own feelings and how sex may play a part in expressing deep caring emotions for members of either gender. It is recognised that a child has a right to confidentiality; there may be occasions where sensitive information needs to be shared with the home’s manager, parents or carers and appropriate interested parties.

Within self-esteem work staff will also address issues of respect both for themselves, their own bodies and those of others. The physical changes in their bodies, the mood swings, their increasing desire for independence, their interest in others in a physical sense are matters which staff will attempt to explain to them to avoid feelings of fear/frustration and confusion.

Key Principles for Good Practice:

Staff should:

  • Ensure that their relationships with children and young people clearly take place within the boundaries of a respectful professional relationship;
  • Take care that their language or conduct does not give rise to comment or speculation;
  • Be aware of attitudes, demeanour and language as all require care and thought particularly when members of staff are dealing with adolescent boys and girls.

Staff should not:

  • Have sexual relationships with children and young people;
  • Have any form of communication with a child or young person which could be interpreted as sexually suggestive or provocative, for example, verbal comments, notes, letters, electronic mail, phone calls, texts / instant messages, physical contact;
  • Make sexual remarks, to or about, a child or young person;
  • Discuss their own sexual relationships with or in the presence of children or young people;
  • Use sexually suggestive language with colleagues.

Children and Young People in Distress

Please read in line with the Lone Working Procedure, Guidance on One to One Working.

It is important that staff understand that when working in Children's Homes there will be instances/occurrences when children are distressed and/or emotionally upset. In these circumstances staff should use their professional judgement to comfort or reassure a child in an age-appropriate way whist maintaining clear professional boundaries. Staff should follow professional guidance (this could include following advice in the child's Individual Placement Care Plan and/or Safe Care Plan), and seek advice from a manager if unsure.

Adults should be aware of what is and what is not acceptable behaviour when comforting a child or diffusing a situation. This is particularly important when working on a one-to-one basis.

Key Principles for Good Practice:

Staff should:

  • Consider the way in which they offer comfort and reassurance to a distressed child and do it in an age appropriate way;
  • Be cautious in offering reassurance in one to one situations (refer to one to one situations section) and always record such action in these circumstances;
  • Follow professional guidance of Code of Practice;
  • Record and report situations which may give rise to concern or any action that may be misinterpreted from either party to senior managers.

Staff should never:

  • Touch a child in a way which may be considered indecent;
  • Assume that all children seek physical comfort if they are distressed.

Relationship/Behaviour Management

This section should be read in conjunction with procedures within the following sections: Positive Relationships and Protection of Children.

All children and young people have a right to be treated with respect and dignity, even in those circumstances where they display difficult or challenging behaviour.

Where a child or young person displays difficult or challenging behaviour, staff must follow the relationship/behaviour management policy outlined by Derbyshire County Council and use strategies appropriate to the situation. The use of physical intervention can only be justified and used in exceptional circumstances as a last resort when other behaviour management strategies have failed.

Where a child or young person has specific needs in respect of particularly challenging behaviour, a positive handling plan may be drawn up and agreed by all parties. Only in these circumstances should staff deviate from the relationship/behaviour management policy.

Key Principles for Good Practice:

Staff should:

  • Try to defuse situations before they escalate;
  • Inform parents of any management techniques used;
  • Adhere to the Behaviour Management and Safe Caring Procedure;
  • Ensure that any Additional Measures or rewards used are part of a relationship/behaviour management policy which is widely publicised and regularly reviewed;
  • Be mindful of factors which may impact upon a child or young person's behaviour, e.g. bullying, abuse and where necessary take appropriate action.

Staff must not:

  • Use any form of degrading behaviour treatment to punish a child or young person;
  • Use sarcasm or demeaning or insensitive comments towards children and young people in any situation;
  • Use corporal punishment (whilst parents may be able to physically chastise a child this does not extend to staff who work with or on behalf of children and young people).

Use of Control and Physical Intervention

Please read in line with the Use of Restraint and Physical Intervention Procedure.

All staff working with children and young people should have regard to government guidance and legislation and the policies and practice of the department. It is important to remember that the scale and nature of any physical intervention must be proportionate to both behaviour and the individual to be controlled and the nature of the harm they may cause, hence only using the minimum necessary force by recommended techniques, which in the Children's Homes, is PROACT-SCIPr-UK® (Strategies for Crisis Intervention and Prevention).

It is important to ensure that where physical interventions may need to be used more regularly, i.e. when working with children with extreme behaviours associated with learning disability or autistic spectrum disorder that there should be a wider relationship/behaviour management policy that runs alongside the child's Individual Placement Care Plan, (drawn up in consultation with parents/carers), and where appropriate, the child should be involved with what the strategies and techniques to be used will be and of those which should be avoided.

All staff recruited to work in Derbyshire Children's Homes will be trained in PROACT-SCIPr-UK® techniques within their induction and will be expected to attend annual refresher training.

All physical interventions must be recorded and sent to the allocated PROACT-SCIPr-UK® Instructor for oversight and advice, if in doubt please discuss with your manager.

Key Principles for Good Practice:

Staff must:

  • Adhere to the departments Physical Intervention Policy (refer to the Use of Restraint and Physical Intervention Procedure);
  • Adhere to the Health and Safety Duty of Care which applies to all adults and organisations working with children and young people and requires that reasonable measures are taken to prevent children being harmed;
  • Always seek to defuse situations;
  • Always use minimum force for the shortest period necessary;
  • Where it is foreseeable that that restrictive intervention may be required, this should be included in the Child's Individual Placement Care Plan and Safe Care Plan and advice taken from the PROACT-SCIPr-UK® Instructors and/or trainers;
  • Record and report as on the same day as the event any incident where physical intervention is used (all Children's Homes have an effective recording system in place whereby incidents can be tracked and monitored);
  • Attend PROACT-SCIPr-UK® training (foundation and refresher) in physical intervention on induction and annually to ensure that they are up to date with the requirements;
  • Ensure that staff are up to date with the Use of Restraint and Physical Intervention Procedure which complies with government guidance and legislation and describes the context in which it is appropriate to use physical intervention.

Staff must not:

  • Under any circumstances use physical force or intervention as a form of punishment or compliance, unwarranted physical force is likely to constitute a criminal offence.

Intimate/Personal Care

Please read in line with Relationships and Physical Contact with Children Procedure, Intimate Care, and Personal Care and Relationships Procedure, Intimate Care.

Children and young people are entitled to respect and privacy at all times and especially when in a state of undress, changing clothes, bathing or undertaking any form of personal care. There are occasions where there will be a need for an appropriate level of supervision in order to safeguard children/young people and/or satisfy health and safety considerations. This supervision should be appropriate to the needs and age of the children/young people concerned and sensitive to the potential for embarrassment.

Staff need to be vigilant about their own behaviour, ensure that they follow agreed guidelines and be mindful of the needs of the children and young people with whom they work.

Within Children's Homes there may be occasions when intimate care is part of staff responsibilities in order to meet a child's/young person's needs, for example assisting young children with toileting, providing intimate care for children with disabilities or in the provision of medical care. The nature, circumstances and context of such contact should comply with professional codes of practice and guidance and/or be part of a formally agreed plan, which is regularly reviewed. The additional vulnerabilities that may arise from a physical or learning disability should be taken into account and be recorded as part of the agreed Care Plan. The emotional responses of any child/young person to intimate care should be carefully and sensitively observed, and where necessary, any concerns passed onto the home’s managers and/or parents.

All children and young people have a right to safety, privacy and dignity when contact of a physical or intimate nature is required and, depending on their abilities, age and maturity, should be encouraged to act as independently as possible. It is important to remember that all children/young people regardless of disability have emotional and sexual needs and therefore have the right to be dealt with sensitively and with respect with an emphasis being placed on providing and promoting safe emotional, physical and sexual health.

The views of the child/young person should be actively sought, wherever possible, when drawing up and reviewing formal arrangements. As with all individual arrangements for intimate care needs, agreement between the child/young person, parents/carers and the organisation must be negotiated and recorded. Processes for this include review and care planning meetings where a record will be held on the child's/young person's Care Plan and Safe Care Plan.

The guidelines are designed to safeguard children/young people and staff, in an area where it would not be possible to eliminate all risk. They apply to every member of staff involved in the intimate care of children and young people who works in the Disabled Children's Homes and Children's Resource Service.

There may be occasions when the mainstream children's home need to provide intimate/personal care for a child/young person, in such circumstances staff must follow the Intimate/Personal Good Care Practice Guidance and the level of care will have been agreed through a care planning meeting.

The aim is to support good practice in intimate care, however, Intimate care is hard to define and will have a different meaning to individuals. These guidelines are designed to cover some of the most vulnerable situations. However, this does not exclude the fact that there may be many other circumstances which could be defined as intimate, to the child/young person if not to you. Always ensure that you talk to children/young people or have their permission, where possible, before undertaking any task. If you find it difficult to work within these guidelines please discuss this with your homes manager in order to find an appropriate way forward.

Key Principles for Good Practice:

Staff should:

  • Adhere to the organisation's intimate care guidelines and Code of Practice;
  • Make other staff aware of the task being undertaken;
  • Explain to the child what is happening with senior managers and parents/carers where any variation from the agreed procedure/Care Plan/Safe Care Plan is necessary;
  • Record the justification for any variation to the agreed procedure/Care Plan/Safe Care Plan and share this information with parents/carers;
  • Ensure that any changes to the Care Plan are discussed, agreed and recorded;
  • Avoid any physical contact when children are in a state of undress;
  • Avoid any visually intrusive behaviour;
  • Announce the intention of entering the child or young person's bedroom by knocking on the bedroom door and asking if it is OK to enter and waiting for their response before entering;
  • Try to avoid doing things for a child that they can do alone. If a child can do things themselves, ensure that they are given the chance to do so. Support the child in doing all that they can for themselves. If a child is fully dependent on you talk with them about what you are doing and give choices where possible;
  • Encourage children to have a positive view of their body and image.

Staff should not:

  • Change in the same place as children and young people;
  • Shower or bathe with children or young people;
  • Assist with any personal care task which the child or young person can undertake themselves;
  • Enter a bathroom or toilet area unless there is evidence of health and safety and/or safeguarding issue, for example, self harm or attempted suicide, if the young person is unconscious.


3. Safe Care in the Supervision of Children and Young People

Staff Presence in Bedrooms

Please refer to Bedrooms Procedure, Bedroom Security and Keys, Visiting and Sharing Rooms and Alarms and Monitoring Devices.

Children's privacy should be respected unless there are exceptional circumstances, staff should knock the door before entering children's bedrooms; and then only enter with their permission. The exceptional circumstances where staff may have to enter a child's bedroom without knocking or asking permission are as follows:

  • To wake a heavy sleeper, undertake cleaning, daily Health and Safety checks, return or remove soiled clothing; though, in these circumstances, the child should have been told/warned that this may be necessary;
  • To take necessary action, including forcing entry, to protect the child or others from injury or to prevent likely damage to property. The taking of such action is a form of Physical Intervention;
  • To support a child/young person with personal care.

N.B. When bookings are undertaken for children to use the disabled short breaks service consideration is given to age and interaction as is the allocation of bedrooms. Whilst we will attempt to respond to a child's choice of bedroom, sensitivity to issues of gender and vulnerability will be prioritised.

One to One Situations/Lone Working

This section should be read with Lone Working Procedure, Guidance on One to One Working

Members of staff working in Children's Homes will at times be alone with a child or young person, as it is not realistic to state that one to one situations will never take place. Careful consideration must take place and certain procedures need to be in place and explicit in order to safeguard and protect both children and adults as one to one situations do have the potential to make a child or young person more vulnerable to harm by those who seek to exploit their position of trust. Adults working in one to one situations with children and young people may also be more vulnerable to unjust or unfounded allegations being made against them. Both possibilities should be recognised so that when one to one situations are unavoidable, reasonable and sensible precautions are taken.

Many children and young people living in Children's Homes may present behaviour that can challenge staff, where their behaviour may be violent, aggressive or sexual; therefore it is important to ensure safety when working in one to one situations both inside and outside of the home. Examples of these might be working in one to one situations in the home, such as, in a child's bedroom. In these situations staff should notify their colleagues, giving the reason, ensure that your colleague checks the room at regular intervals, and ensure that there are enough staff on duty for this to happen. Wherever possible keep the door open (ajar), record the details of the discussion that took place and any inappropriate behaviour.

Other examples of lone working may be during transporting a young person, whilst going on a home visit, on a trip or outing or a holiday.

If in doubt of any concerning behaviour of either a worker or a child staff should address the behaviour in a calm manner, share the details with the shift coordinator, record the incident and inform the registered/home’s manager, on call manager, line/senior manager or if out of hours the Out of Hours team.

Key Principles for Good Practice:

Staff should:

  • Ensure that when lone working with children and young people that a full and appropriate risk assessment (as described in the Health and Safety Policy re Lone Working) and Safe Care Plan has been completed taking account of the Individual Placement Care Plan and the child/young person's past experiences;
  • Ensure that due consideration/discussion has been given with the line manager to the child/young person's Safe Care Plan and Individual Placement Care Plan;
  • Always inform other colleagues and/or parents/carers about the contact(s) beforehand, assessing the need to have them present or close by;
  • Always inform your colleagues if you are going out and provide details of where you are going, your expected time of return and arrangements for contact in an emergency and contingency plans. On return you should record details relating to the time out of the home, details of the event, places visited, discussions that took place and any inappropriate behaviour;
  • Be aware of any known risk that you may face whilst you are responsible for the child in your care;
  • Always leave the door ajar so that you are in eyesight of your colleagues;
  • Always report any situation where a child becomes distressed or angry to senior colleague;
  • Carefully consider the needs and circumstances of the child/children when in one to one situations.

Staff should avoid:

  • Meetings with children and young people outside agreed working arrangements or without agreement from senior managers, social worker and parents or carers. This must always be discussed with the Home's Registered Manager and the Head of Service (Localities) for the child and the local safeguarding officer;
  • Meetings with a child or young person in remote, secluded areas;
  • The use of "engaged" or equivalent signs wherever possible and private meetings behind closed doors as this may create an opportunity for secrecy or the interpretation of secrecy.

Contact with Parents, Siblings and Friends

See also Contact with Parents and Siblings Procedure, Overnight Stays and Social Visits Procedure and Visitors to the Home Procedure.

Home Visits:

There are times when visits to a child or young person's family home will need to take place or when family visits may need to be arranged to the Children's Home, including siblings/friends staying over at the Children's Home. In these circumstances it is essential that appropriate policies and related risk assessments are in place to safeguard the children, young people and staff who work with them. This should always be part of the child/young person's overall Care Plan and Individual Placement Care Plan with the arrangements clearly recorded and any risks being properly assessed and included in their child's/young person's Safe Care Plan.

A risk assessment should include an evaluation of any known factors regarding the child/young person, parents and others living in the household. Risk factors such as hostility, child protection concerns, complaints or grievances can make adults more vulnerable to allegations.

Specific consideration should be given to visits outside of office hours or in remote or secluded locations. Following an assessment, appropriate risk management measures should be in place before visits are agreed. Where little or no information is available, visits should not be alone. There will be occasions where risk assessments are not possible or not available, e.g. when emergency services are used. In these circumstances, a record must always be made of the circumstances and outcome of the home visit. Such records must always be available for scrutiny.

N.B: Under no circumstances should an adult visit a child/young person in their own home outside the agreed work arrangements.

Overnight Stays and Social Visits:

Refer to Overnight Stays and Social Visits Procedure.

Where activities include overnight stays careful consideration needs to be given to sleeping arrangements. Children, young people, staff and parents should be informed of these prior to the start of the trip/sleep over.

Day to day decisions of infrequent overnight stays will be delegated to staff working in the children's home, ideally the key carer together with the home's manager, and will be based on what a reasonable parent would decide about their own child. The guiding principle is that children and young people living in a Children's Home should be granted the same permissions to take part in normal and acceptable age appropriate peer activities, such as staying with friends. Judgments should be based on a reasonable assessment of risks:

  • The particular delegated powers staff are given for each child/young person will be written into the Individual Placement Care Plan. This will be particularly important to those children accommodated under Section 20 of the Children Act 1989;
  • Any contacts that are forbidden or restricted are made clear, including any court orders which restrict the child/young person from making particular overnight stays with clear and stated reasons which are necessary to safeguard and promote the child/young person's particular placement plan. Wherever possible, the child/young person should be consulted over the issues and their views and feelings taken into account in reaching the decision. The restrictions and the reasons should be fully explained to the child/young person concerned, except this would be inconsistent with the child's/young person's welfare. Restrictions should be reviewed regularly to ensure that they remain relevant;

The child/young person and the carers should be told that the following criteria that will be used to make these decisions:

  • Are there any factors in the child/young person's experience or behaviour which would preclude overnight stays;
  • Are there any grounds that the child/young person may be at significant risk in the household concerned or from the activities proposed;
  • Is the child/young person staying in the household with another child/children, rather than staying solely with an adult or adults;
  • Is the young person old enough and mature enough to make their own decision;
  • What is known about the proposed stay and how long is the proposed stay;
  • Wherever possible staff should visit the household to satisfy themselves as to the appropriateness of the proposed stay, confirm the arrangements, including who will be responsible for the child/young person and exchange phone numbers and contact details;
  • Staff should never allow an overnight visit to take place unless it is properly agreed and checked out with the home's manager or social worker.

Visits to the Children's Home

There will also be times when parents/carers/siblings and friends will visit the Children's Home where the child/young person is living. With regard to family members or friends visiting their child/young person at the children's home there would need to be a risk assessment of those visiting the home in relation to the risks to the children and young people residing in the home as it is their home and the visits would need to be in agreement with the child/young person's Care Plan, Individual Placement Care Plan and Safe Care Plans.

Families and friends are welcome to visit and to stay/sleep over at the Children's Home (as you would expect in any family home), however, this also needs to be part of the agreed plan and careful consideration needs to be given the arrangements/practicalities and the levels of risks. Again this would need to be risk assessed to ensure the safety of all who live/work and visit the home.

Key Principles for Good Practice:

Staff should:

  • Agree the purpose for any home visit with the home's manager unless this is an acknowledged and integral part of their role, e.g. key carer;
  • Adhere to the departments risk assessments, such as Lone Working, the child/young person's Safe Care Plan and their Individual Placement Care Plan;
  • Always make detailed records including times of arrival and departure and work undertaken in the child/young person's daily log, the homes log book and/or on Mosaic;
  • Adhere to the overnight policy (refer to Overnight Stays and Social Visits Procedure);
  • Ensure any behaviour or situation which gives rise to concern is discussed with the home's manager, and/or the social worker or the Out of hours team if out of hours, and where appropriate, ensure action is taken;
  • Always take the staff mobile with the number of an emergency contact person to ensure safety.

Social Contact

Staff who work with children and young people should not seek to have social contact with them or their families unless the reason for this contact has been firmly established and agreed with senior managers.

If a child or parent seeks to establish social contact, or if this occurs coincidentally, the adult should exercise their professional judgement in making a response but should always discuss the situation with their manager or with the parent of the child or young person. These contacts will be easily recognised and openly acknowledged. Staff should be aware that social contact in certain situations can be misconstrued as grooming.

Where social contact is an integral part of work duties, care should be taken to maintain appropriate personal and professional boundaries. It is also recognised that some staff may support a parent/carer who may be in particular difficulty. Care needs to be exercised in those situations where the parent comes to depend on the member of staff for support outside their professional role. This situation should be discussed with the home's manager or operations manager and where necessary referrals made to appropriate support agencies.

Visits to a member of staff's home

In general no child or young person should be in or invited into the home of an adult who works with them (this includes any home or domestic setting used or frequented by the adult), or that of a family member, colleague or friend unless the reason for this has been firmly established and agreed with the home's manager and the Head of Service (Localities) (for the child in care) parents/carers.

In exceptional circumstances there could possibly be times, (i.e. if this is truly in the child/young person's best interest), when it is thought appropriate to:

  • Take a child or young person to the member of staff's own home or;
  • Meet up with the staff members family or;
  • Bring their own child/family into the children's home, for example, fund raising days. This would need approval from the home's manager. N.B: it would never be deemed appropriate or acceptable to bring your own child to work whilst working on duty.

The above situations all need proper consideration, with agreed levels of approval from the home's managers, Operations Manager and Head of Service (Localities) for the child/young person. This would also need appropriate pre-planning and with a written risk assessment and accurate recording of the event in:

  • Child/young person's logs, the home's daily log book (including recording a case note on mosaic) and, if necessary, on an incident form.

Information should also be recorded for the relevant agencies and within the appropriate documentation:

  • Care Plan, Individual Placement Care Plan and Safe Care Plan. In the agreed relevant place should the child/young person not have an allocated social worker.

If in an emergency, such a one off arrangement is required, the member of staff must have a prior discussion with a senior manager and the parents or carers and a clear justification for such arrangement is agreed and recorded.

Relationships between Staff

Working in a residential setting can be stressful and staff members may already be good close friends or become close to each other which may lead to staff having a relationship or it may be that staff are related.

We recognise that this is a difficult situation and would want to ensure that professionalism is maintained to support the children/young people and staff. Therefore it is important in these situations that the individual members of staff concerned are open and honest with the home's manager, in order for the situation to be appropriately managed, this would mean that the members of staff concerned would not normally work the same shift pattern.

In the event whereby a member of staff holds a higher grade or supervises the person they are having a relationship with, then discussions would need to take place with regard to possible move on plans as it would not be appropriate.

In circumstances where it is found that a personal relationship between two staff members is affecting the running of the home then further advice, discussions would need to take place and strategies put into place; this could include a move of place of work.

Key Principles for Good Practice:

Staff should:

  • Have no secret contact with children and young people or their parents/carers;
  • Consider the appropriateness of the social contact according to the nature of their work;
  • Always approve any planned social contact with children or parents with the home's manager/line manager;
  • Advise the home's manager/line manager of any social contact they have with a child or parent/carer with whom they work, which may give rise to concern;
  • Report and record any situation, which may place a child at risk or which may compromise the organisation or their own professional standing;
  • Be aware of sending of personal communications such as birthday or faith cards. This should always be recorded and/or discussed with the home's manager;
  • Understand that some communications may be called into question and need to be justified;
  • Be vigilant in maintaining their privacy and mindful of the need to avoid placing themselves in vulnerable situations;
  • Be mindful of the need to maintain professional boundaries;
  • Refrain from asking children and young people to undertake personal jobs or errands;
  • Agree the purpose for any home visit with senior management to ensure that all visits are justified and recorded;
  • Adhere to the agreed risk management strategies and Safe Care Plan of the child/young person;
  • Follow the health and safety Home Visit Risk Assessment and Lone Working Procedure to ensure that workers and children are not exposed to unacceptable risk;
  • Always make detailed records including times of arrival and departure and work undertaken;
  • Ensure any behaviour or situation which gives rise to concern is discussed with their manager and, where appropriate action is taken;
  • Ensure access to the work mobile telephone and an emergency contact person;
  • If in doubt always discuss with your line manager.

Gifts, Rewards and Infatuation

Please read in line with Gift Giving and Receiving Procedure and DCC: Code of Conduct Policy.

The giving of gifts or rewards to children or young people should be part of an agreed policy for supporting positive behaviour or recognising particular achievements. In some situations, the giving of gifts as rewards may be accepted practice for a group of children/young people, whilst in other situations the giving of a gift to an individual child/young person will be part of an agreed plan, recorded and discussed with the home's manager or parent/carer.

It is acknowledged that there are specific occasions when adults may wish to give a child or young person a personal gift. This is only acceptable practice where, in line with the agreed policy, the member of staff has first discussed the giving of the gift and the reason for it with the home's manager and/or parent/carer and the action is recorded. Any gifts should be given openly and not be based on favouritism. Staff need to be aware that the giving of gifts can, in certain circumstances, be misinterpreted by others as a gesture either to bribe or groom (the act of gaining the trust of a child so that sexual abuse can take place) a child/young person.

Care should be taken to ensure that staff do not accept any gift that might be construed as a bribe by others, or lead the giver to expect preferential treatment. However, there are occasions when children/young people or parents/carers wish to pass small tokens of appreciation to adults e.g. on special occasions or as a thank you and this is acceptable. However it is unacceptable to receive gifts on a regular basis or of any significant value.

Staff should exercise care when selecting children/young people for specific activities or privileges to avoid perceptions of favouritism or unfairness. Methods of criteria for selection should always be transparent and subject to scrutiny.

Key Principles for Good Practice:

Staff should:

  • Be familiar with the Derbyshire County Council policy on giving and receiving gifts;
  • Only give gifts to an individual child/young person as part of an agreed reward system;
  • Ensure that gifts are not received or given in situations which may be misconstrued are declared;
  • Where gifts other than as above ensure that these are of insignificant value;
  • Ensure that all selection processes which concern children and young people are fair and that wherever practicable these are undertaken and agreed by more than one member of staff.

Transporting Children and Young People

Please read in line with Transporting Children Procedure, The Administration of Medicines and Associated Complex Health Procedures for Children: Advice & Guidance for Children's Services in Derbyshire and DCC Checklist for Drivers.

There will be occasions when staff are expected or asked to transport children and young people as part of their duties. Residential children's workers, who are expected to use their own vehicles for transporting children should ensure that the vehicle is roadworthy, appropriately insured and that the maximum capacity is not exceeded.

It is a legal requirement that all passengers should wear seat belts and it is the responsibility of the staff member to ensure the requirement is met. Staff should ensure that whatever vehicle they are driving and carrying a child in, whether this is their own car or a hire car or mini bus that they have the appropriate licence and insurance to drive such a vehicle.

It is inappropriate for staff to offer lifts to a child or young person outside their normal working duties, unless this has been brought to the attention of the line manager and has been agreed with the parents/carers.

There may be occasions where the child or young person requires transport in an emergency situation or where not to give a lift may place a child at such risk. Such circumstances must always be recorded and reported to a senior manager and parents/carers.

Key Principles for Good Practice:

The organisation should:

  • Have appropriate Polices for transporting the children and young people.

Staff should:

  • Ensure that they are fit to drive and free from any drugs, alcohol or medicine which is likely to impair judgement and/or ability to drive;
  • Be aware that the safety and welfare of the child is their responsibility until they are safely passed over to a parent/carer;
  • Record details of the journey in accordance with agreed procedures;
  • Ensure that their behaviour is appropriate at all times;
  • Ensure that there are proper arrangements in place to ensure vehicle, passenger and driver safety. This includes have a proper and appropriate insurance for the vehicle being driven;
  • Ensure that any impromptu or emergency arrangements of lifts are recorded and can be justified if questioned.

Holidays, Trips and Outings Inside and Outside the UK

Please read in conjunction with Holidays and School Trips Procedure, Overnight Stays and Social Visits Procedure and First Aid, Home Remedies and Medication Procedure, Appendix 3: Administration of Medication Away from the Home.

Residential children's workers should take particular care when supervising children and young people on trips and outings, where the setting is less formal than the usual workplace. It is important to remember that staff remain in a position of trust and need to ensure that their behaviour remains professional at all times and stays within clearly defined professional boundaries.

Good advanced planning is extremely important with accurate risk assessments and Safe Care Plans being completed and followed with regard to the place(s) planned/being visited. Health and safety arrangements require members of staff to keep colleagues/employers aware of their whereabouts, especially when involved in activities outside the usual workplace, this includes keeping accurate records.

Any holiday would need the home's managers and the Head of Service (Localities) for the child's approval.

N.B. In all circumstances, those organising trips and outings must pay careful attention to ensuring safe staff/child ratios and gender mix of staff especially on overnight stays.

Key Principles for Good Practice:

Staff should:

  • Always have another adult present in or out of the workplace activities, unless otherwise agreed with a senior manager;
  • Undertake risk assessments in line with the departments policy where applicable;
  • Have parental consent to the activity;
  • Ensure that the adult's behaviour remains professional at all times (refer to Propriety of Behaviour section).

Staff should never:

  • Share a bed(s) with any child/children or young people;
  • Share a bedroom(s) unless it involves a dormitory situation and the arrangements have been previously discussed with a senior manager, parents, children and young people.

First Aid, Household Remedies and Administration of Medication

Refer to First Aid, Home Remedies and Medication Procedure (specifically Covert Administration and Appendix 3: Medication Away from the Home and The Administration of Medicines and Associated Complex Health Procedures for Children: Advice & Guidance for Children's Services in Derbyshire.

Health and safety legislation places duties on all employers to ensure appropriate health and safety policies and equipment are in place and an appropriate person is appointed to take charge of first aid arrangements.

All staff working in the Children's Home will undertake basic first aid awareness and medication training to ensure that they are suitably trained. Further training will be provided for managers and for the allocated health and safety representative/coordinator of the home who also undertake the role of the First Aid coordinator.

All Children in Care will have an established Health Care Plan, which will overlap with their Individual Placement Care Plan, and if necessary, with their Safe Care Plan to ensure the safety and protection of children and adults who are working with them. For some young people, dependent on the age and understanding of the young person, they should, where appropriate, be encouraged to self-administer medication or treatment, including, for example any ointment, use of inhalers.

Key Principles for Good Practice:

Staff should:

  • Follow and adhere to The Administration of Medicines and Associated Complex Health Procedures for Children: Advice & Guidance for Children's Services in Derbyshire;
  • Have regard to any Health Plan that is in place;
  • Comply with the necessary reporting procedures/requirements and report and record any administration of first aid or medication;
  • Make other staff aware of the task being undertaken;
  • Always act / be seen to act in the child's best interests and explain what is happening;
  • Always ensure that an appropriate health/risk assessment is undertaken prior to undertaking certain activities;
  • Pre any child/young person's admission ensure that parental consent is obtained for the administration of first aid or medication;
  • Attend training and refresher training on first aid and medication;
  • Staff who have been prescribed medication for their own use should ensure that they inform the home's manager of the type of medication being taken and the side effects, as this may affect whether or not staff are able to be at work;
  • If staff need to bring their own medication into work they should ensure that it is locked away from children and young people.

Staff must never:

  • Take medication from the home or give children and young people their own medication.

Countering Bullying

See also Derbyshire County Council Countering Bullying Practice Guidance (2014).

Children and young people in care say bullying is among their top concerns. Bullying can make the lives of victims a misery; it can undermine their confidence and self-esteem, and can destroy their sense of security.

Bullying can have a life-long negative impact. It makes it difficult for children to learn and can have a lasting detrimental effect on their life chances. Children and young people who have been bullied can become anxious and withdrawn, depressed or aggressive. Some turn to substance misuse, offending behaviour and mixing with undesirable individuals who do not have their best interests at heart as a way of dealing with the emotional impact of bullying. At worst bullying has been a factor in suicide.

Bullying can happen anywhere. To tackle bullying successfully, the whole community and all services for children and young people need to work together to change the culture so that bullying is unacceptable.

Derbyshire County Council's Guidance on Countering Bullying (Prevent and Tackle) outlines the following:

  • What bullying might take place in Children's Homes;
  • Steps that can be taken to prevent bullying happening in the first place;
  • How to respond effectively when bullying does occur.

Under the Children Act 1989 a bullying incident should be addressed as a child protection concern when there is 'reasonable cause to suspect that a child/young person - is suffering, or is likely to suffer, significant harm'. As such, it will sometimes be appropriate to report bullying incidents to safeguarding/child protection officers. In making this decision, staff should follow the home's child protection procedures. Further guidance on making this kind of decision is contained in the document: What to do if you’re worried a child is being abused - Advice for practitioners (Department for Education, 2015). Be aware that a child/young person may be bullying because of problems in their life and prepare for disclosures. For example, it is not uncommon for children/young people to disclose domestic abuse when anti-bullying work is undertaken. Appropriate Child Protection procedures should be applied.

Key Principles for Good Practice:

Staff should:

  • Ensure that they follow the policy and procedure on Countering Bullying;
  • Always positively respond and act on any bullying incidents;
  • Follow the recording protocol.

Children who go Missing from Care

Please see Missing from Care Procedure and Derby and Derbyshire Safeguarding Partnership Procedures, Children at Risk of Exploitation (CRE) Procedure.

The Derbyshire Children's Homes Procedures should be read in conjunction with Derby and Derbyshire Runaway or Missing from Home or Care Protocol.

Children are less likely to go missing, absent themselves without permission or abscond if they are able to develop positive relationships with the staff and their peers, which are free from bullying. If the culture/environment is one where children and young people are listened to, where they can feel safe and secure and which promotes choices enabling them to be listened to, enthusiastically supported by the staff team to express their wishes and feelings then the amount of children and their episodes of staying away from the home will reduce.

It is important that staff understand the differences between the definitions for Missing from Care, Away from Placement without Authorisation and Absconded as different actions will follow dependent upon the child/young person's status and therefore it is crucial that staff ensure the correct criteria is actioned.

Children who go missing from children’s homes are at risk of being criminally or sexually exploited. It is important therefore that staff understand the signs and triggers relating to sexual and criminal exploitation.

Key Principles for Good Practice:

Staff should:

  • Follow the Derby and Derbyshire Runaway and Missing from Home or Care (RMFHC) Protocol;
  • Comply with any necessary reporting procedures/requirements;
  • Always act/be seen to be acting in the child/young person's best interest;
  • Ensure Care Plans/Individual Placement Care Plans and Safe Care Plans are followed and updated, as required;
  • Attend any training provided, including refresher training;
  • Ensure that children and young people have use of a mobile phone to ensure that they can maintain contact. They have a code word to use if they are in danger, and are aware that staff will treat this as serious and urgent;
  • Ensure that children and young people are aware that the home will accept reversed charge calls made by children and young people who are missing and that they have a bus pass so they can return;
  • Endeavour to make children and young people feel comfortable about returning home by ensuring they receive a warm welcome upon return, and that they are offered a drink/meal and the opportunity to discuss any concerns in a safe environment where they feel valued.


4. Communication with Children and Young People

Use of Technology and Access to Inappropriate Images and Internet Usage

Please see:

There are no circumstances that will justify staff possessing indecent images of children and young people. Accessing, making or storing indecent images of children and young people on the internet is illegal and will lead to a criminal investigation and the individual being barred from working with children and young people, if it is proven. Staff who access and possess link to such websites will be viewed as a significant risk and a potential risk to children. Staff should not use equipment belonging to the authority or use personal equipment to access pornography. This will raise serious concerns about the suitability of the member of staff to continue to work with children.

Staff should ensure that children and young people are not exposed to any inappropriate images or web links and that the home has appropriate controls with regards to access, e.g. personal passwords should be kept confidential. Staff should ensure that children and young people are aware of how to keep safe and what to do if contact is made from an unwanted, undesirable source or if cyberbullying is taking place.

Where indecent images of children or other unsuitable material are found the Police and Local Authority Designated Officer (LADO) should be immediately informed. Staff will be advised not to investigate this matter or evaluate the material themselves, as this may lead to evidence being contaminated which in itself can lead to a criminal prosecution.

Please refer to Safe Use of the Internet, Social Media and Photographs Procedure, Seizure and Confiscated Items with regard to seizure and confiscated items, should there be serious concern about the safety of a child or young person by their personal mobile telephone. The home's manager has an overriding responsibility to take measures to protect children, their staff and others from significant harm, injury and to prevent criminal offences from being committed, and restrictions should be placed upon children where necessary, either as part of their Care/Placement Plan or in an emergency. This can include the withdrawal or confiscation of mobiles or other devices, even those owned by the child.

All Children's Homes should ensure that there is a process with regard to having a clear e- safety policy in place about access to the internet and for children and young people to follow the house rules, to be aware of appropriate usage and to understand how to keep safe when using any form of technology.

N.B. Members of staff when on duty and working with the children and young people in their care should not be using their personal mobile telephones by taking or making personal calls in front of children. It is at the manager's discretion should there be an urgent/serious situation whereby alternative arrangements can be made and this should be discussed and agreed by the manager of the home.

Key Principles for Good Practice:

Staff should:

  • Follow the department's guidance on the use of IT equipment;
  • Ensure children and young people are not exposed to unsuitable material on the internet;
  • Ensure that films or material shown to children and young people are age appropriate.

Staff must not:

  • Use their personal mobile phones whilst on duty (only in exceptional circumstances with the permission of the home’s manager).

Photography and Video

Please refer to the Digital Photography Procedure.

Working with children and young people may involve the taking or recording of images. Any such event should take place with due regard to the law and the need to safeguard the privacy, dignity, safety and well-being of children and young people. Informed written consent from parents or carers and agreement, where possible, from the child or young person, should always be sought before an image is taken for any purpose.

Within the Children's Homes provision is made for staff in the homes to have access to work mobile phone (with a camera facility), a digital camera and/or a video camcorder, whereby staff are able to take photographs for the home and for the children and young people (i.e. life story work). However, staff should not use their own camera or personal mobile to take pictures of children and young people, as these cannot be monitored in the same way and it is not appropriate for staff to take photographs of children or young people for their own personal use.

Staff should seek advice before taking any photographic images that may be used for any publicity purposes or published in the media, or on the internet as consent will be needed from parents/the child or young person and/or the social worker. There will also need to be an agreement as to whether the images will be destroyed or retained for further use, where these will be stored and who will have access to them.

Key Principles for Good Practice:

Staff should:

  • Be clear about the purpose of the activities and about what will happen to the images when the activity is concluded;
  • Be able to justify images of children in their possession;
  • Avoid making images in one to one situations or which show a single child with no surrounding context;
  • Ensure the child/young person understands why the images are being taken and has agreed to the activity and that they are appropriately dressed;
  • Only use equipment used by the authority;
  • Report any concerns about any inappropriate or intrusive photographs found;
  • Always ensure parental permission to take and/or display any photographs.

Staff must not:

  • Take images in secret or in a situation that may be construed as being secretive.