RELEVANT GUIDANCE
Working Together to Safeguard Children
Keeping Children Safe in Education
Information sharing: Advice for Safeguarding Practitioners
AMENDMENT
The chapter was amended in May 2022 when Public Health England has become the Office for Health Improvement and Disparities. (PHE has split into 2 agencies, but this is the one that will be of relevance for procedures).An awareness and appreciation of the role of your own and other organisations is essential for effective collaboration and partnership.
This chapter outlines the main responsibilities for safeguarding and promoting the welfare of children which apply to all statutory organisations and agencies, voluntary, charity, social enterprise (VCSE), faith based organisations, private sector and professionals and practitioners, who work with children.
It should be read in conjunction with the details set out in Chapter 2 of Working Together to Safeguard Children.
All organisations and agencies that work with children share a commitment to safeguard and promote their welfare. For many organisations, this commitment is underpinned by specific statutory duties.
Local authorities with responsibilities for children's social care have a number of specific duties to organise and plan services for children. Where a child is suspected of, or likely to be, suffering significant harm children's social care will work in conjunction with the police and other organisations to undertake a section 47 Enquiry under the Children Act 1989.
Section 11 of the Children Act 2004 places a duty on:
to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children. This includes services that they contract out and commission, as well as those that they provide directly.
Local authorities also have duties to safeguard and promote the welfare of children in relation to its functions under Section 175 of the Education Act 2002.
Statutory Guidance about these education duties is contained in Keeping Children Safe in Education.
The governing bodies, management committees or proprietors of the following schools have duties in relation to safeguarding and promoting the welfare of pupils:
In addition, boarding schools, residential special schools and FE Institutions that provide accommodation for pupils under 18 must have regard to the relevant National Minimum Standards for their establishment.
The responsibility of the Children and Family Court Advisory and Support Service (Cafcass), as set out in the Children Act 1989, is to safeguard and promote the welfare of individual children who are the subject of family court proceedings. It achieves this by providing independent social work advice to the court.
Cafcass also has a duty under section 12(1) of the Criminal Justice and Court Services Act 2000 to safeguard and promote the welfare of children involved in family proceedings in which their welfare is, or may be, in question.
Local authorities have the statutory responsibility for safeguarding and promoting the welfare of the children of service families in the UK. When service families or civilians working with the armed forces are based overseas the responsibility for safeguarding and promoting the welfare of their children is vested in the Ministry of Defence.
Organisations, agencies and individuals covered by Section 11 duties should have in place arrangements that reflect the importance of safeguarding and promoting the welfare of children including duties:
In addition:
Organisations and agencies working with children and families should have clear policies for dealing with allegations against people who work with children. Such policies should make a clear distinction between an allegation, a concern about the quality of care or practice or a complaint.
In addition to the section 11 duties, which apply to a number of named organisations and agencies, further safeguarding duties are also placed on individual organisations and agencies through other statutes. The key duties that fall on each individual organisation are set out below.
The following detailed account of the roles and responsibilities of the agencies listed is taken from Chapter 2 of Working Together to Safeguard Children.
Local authorities provide services to adults who are themselves responsible for children who may be in need. When staff are providing services to adults they should ask whether there are children in the family and consider whether the children need help or protection from harm. Children may be at greater risk of harm or be in need of additional help in families where the adults have mental health problems, misuse drugs or alcohol, are in a violent relationship or have complex needs or have learning difficulties.
Adults with parental responsibilities for disabled children have a right to a separate carer's needs assessment under section 17ZD Children Act 1989.
Adults who do not have parental responsibility, but who are caring for a disabled child, are entitled to an assessment on their ability to provide, or to continue to provide, care for that disabled child under the Carers (Recognition and Services) Act 1995. That assessment must also consider whether the carer works or wishes to work, or whether they wish to engage in any education, training or recreation activities.
Adult social care services should liaise with children's social care services to ensure that there is a joined-up approach when carrying out such assessments.
Housing and homelessness services in local authorities and others at the front line such as environmental health organisations are subject to Section 11 duties. Practitioners working in these services may become aware of conditions that could have or are having an adverse impact on children. Under Part 1 of the Housing Act 2004, authorities must take account of the impact of health and safety hazards in housing on vulnerable occupants, including children, when deciding on the action to be taken by landlords to improve conditions. Housing authorities also have an important role to play in safeguarding vulnerable young people, including young people who are pregnant or leaving care or a secure establishment.
Integrated Care Boards are one of the three statutory safeguarding partners. NHS organisations and agencies are subject to Section 11 duties. Health professionals are in a strong position to identify welfare needs or safeguarding concerns regarding individual children and, where appropriate, provide support. This includes understanding risk factors, communicating and sharing information effectively with children and families, liaising with other organisations and agencies, assessing needs and capacity, responding to those needs and contributing to multi-agency assessments and reviews.
A wide range of health professionals have a critical role to play in safeguarding and promoting the welfare of children including: GPs, primary care practitioners, paediatricians, nurses, health visitors, midwives, school nurses, those working in maternity, child and adolescent mental health, allied health practitioners youth custody establishments, sexual, alcohol and drug services for both adults and children unscheduled and emergency care settings highly specialised services and secondary and tertiary care.
All staff working in healthcare settings - including those who predominantly treat adults - should receive training to ensure they attain the competencies appropriate to their role and follow the relevant professional guidance:
Within the NHS:
Model job descriptions for designated and named professional roles can be found in the intercollegiate document: Safeguarding children and young people - roles and competencies, RCPCH.
The Office for Health Improvement and Disparities (formerly Public Health England (PHE)) is an executive agency of the Department of Health and Social Care established to co-ordinate a programme across central and local government, the NHS and wider society, drawing on expert advice, analysis and evidence, to drive improvements in the public’s health.
The police are one of the three statutory safeguarding partners.
Under section 1(8)(h) of the Police Reform and Social Responsibility Act 2011 the police and crime commissioner must hold the Chief Constable to account for the exercise of the latter's duties in relation to safeguarding children under sections 10 and 11 of the Children Act 2004.
All police officers, and other police employees such as Police Community Support Officers, are well placed to identify early when a child's welfare is at risk and when a child may need protection from harm. Children have the right to the full protection offered by the criminal law. In addition to identifying when a child may be a victim of a crime, police officers should be aware of the effect of other incidents which might pose safeguarding risks to children and where officers should pay particular attention. For example, an officer attending a domestic abuse incident should be aware of the effect of such behaviour on any children in the household. Children who are encountered as offenders, or alleged offenders, are entitled to the same safeguards and protection as any other child and due regard should be given to their welfare at all times. For example, children who are apprehended in possession of Class A drugs may be victims of exploitation through county lines drug dealing.
The police will hold important information about children who may be suffering, or likely to suffer, significant harm, as well as those who cause such harm. They should always share this information with other organisations where this is necessary to protect children. Similarly, they can expect other organisations to share information to enable the police to carry out their duties. All police forces should have officers trained in child abuse investigation.
See: College of Policing, Authorised Professional Practice Website.
The police have a power to remove a child to suitable accommodation under Section 46 of the Children Act 1989, if they have reasonable cause to believe that the child would otherwise be likely to suffer significant harm. Statutory powers to enter premises can be used with this section 46 power, and in circumstances to ensure the child's immediate protection.
The police have emergency powers under Section 46 of the Children Act 1989 to enter premises and remove a child to ensure their immediate protection. This power can be used if the police have reasonable cause to believe a child is suffering or is likely to suffer significant harm. Police emergency powers can help in emergency situations but should be used only when necessary. Wherever possible, the decision to remove a child from a parent or carer should be made by a court.
The British Transport Police (BTP) can play an important role in safeguarding and promoting the welfare of children, especially in identifying and supporting children who have run away or who are truanting from school or who are being exploited by criminal gangs to move drugs and money.
The BTP should carry out its duties in accordance with its legislative powers. This includes removing a child to a suitable place using their police protection powers under the Children Act 1989 and the protection of children who are truanting from school using powers under the Crime and Disorder Act 1998. This involves, for example, the appointment of a designated independent officer in the instance of a child taken into police protection.
Probation services are provided by the National Probation Service (NPS). The NPS is subject to the section 11 duties. They are primarily responsible for working with adult offenders both in the community and in the transition from custody to community to reduce reoffending and improve rehabilitation.
During the course of their duties, probation staff come into contact with offenders who:
They are, therefore, well placed to identify offenders who pose a risk of harm to children as well as children who may be at heightened risk of involvement in (or exposure to) criminal or anti-social behaviour and of other poor outcomes due the offending behaviour of their parent/carer(s).
They should ask an offender at the earliest opportunity whether they live with, have caring responsibilities for, are in regular contact with, or are seeking contact with children. Where this applies, a check should be made with the local authority children's services at the earliest opportunity on whether the child/children is/are known to them and, if they are, the nature of their involvement.
Where an adult offender is assessed as presenting a risk of serious harm to children, the offender manager should develop a risk management plan and supervision plan that contains a specific objective to manage and reduce the risk of harm to children. The risk management plan should be shared with other organisations and agencies involved in the risk management.
In preparing a sentence plan, offender managers should consider how planned interventions might bear on parental responsibilities and whether the planned interventions could contribute to improved outcomes for children known to be in an existing relationship with the offender.
The Prison Service has a responsibility to identify prisoners who are potential or confirmed 'persons posing a risk to children' (PPRC) and, through assessment, establish whether the PPRC presents a continuing risk to children whilst in prison custody (see the HMP Public Protection Manual). Where an individual has been identified as presenting a risk of harm to children, the relevant prison establishment:
Governors/Directors of women's establishments which have Mother and Baby Units (MBUs) should ensure that:
Governors, managers directors and principals of the following secure establishments are subject to the section 11 duties set out in Chapter 2 of Working Together to Safeguard Children:
Each centre holding those aged under 18 should have in place an annually reviewed safeguarding children policy. The policy is designed to promote and safeguard the welfare of children and should cover all relevant operational areas as well as key supporting processes, which would include issues such as child protection, risk of harm, restraint, separation, staff recruitment and information sharing. A manager should be appointed and will be responsible for implementation of this policy.
Each centre should work with their local safeguarding partners to agree how they will work together, and with the relevant YOT and placing authority (the Youth Custody Service), to make sure that the needs of individual children are met.
Detailed guidance on the safeguarding children policy, the roles of the safeguarding children manager and the safeguarding children committee, and the role of the establishment in relation to the local multi agency safeguarding arrangements can be found in Prison Service Instruction (PSI) 'Care and Management of Young People'.
Youth Offending Teams (YOT's) are multi-agency teams responsible for the supervision of children subject to pre-court interventions and statutory court disposals (The statutory membership of YOTs is set out in section 39 (5) of the Crime and Disorder Act 1998).
They are therefore well placed to identify children known to relevant organisations and agencies as being most at risk of offending and to undertake work to prevent them offending or protect them from harm. YOTs should have a lead officer responsible for ensuring safeguarding is embedded in their practice.
Under section 38 of the Crime and Disorder Act 1998, local authorities must, within the delivery of youth justice services, ensure the 'provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers'.
Section 55 of the Borders, Citizenship and Immigration Act 2009 places upon the Secretary of State a duty to take account of the need to safeguard and promote the welfare of children in discharging its functions relating to immigration, asylum, nationality and customs. These functions are discharged on behalf of the Secretary of State by UK Visas and Immigration, Immigration Enforcement and the Border Force, which are part of the Home Office. See UK Visas and Immigration's arrangements to safeguard and promote the welfare of children.
The guidance in Working Together to Safeguard Children applies in its entirety to all schools. The following have duties in relation to safeguarding and promoting the welfare of children:
Section 175 of the Education Act 2002 places a duty on local authorities (in relation to their education functions and governing bodies of maintained schools and further education institutions, which include sixth-form colleges) to exercise their functions with a view to safeguarding and promoting the welfare of children who are pupils at a school, or who are students under 18 years of age attending further education institutions. The same duty applies to independent schools (which include Academies and free schools) by virtue of regulations made under Section 157 of the same Act.
In order to fulfil their duty under Sections 157 and 175 of the Education Act 2002, all educational settings to whom the duty applies should have in place the arrangements set out in Section 4, People in Positions of Trust. In addition schools should have regard to specific guidance given by the Secretary of State under sections 157 and 175 of the Education Act 2002 namely, Keeping Children Safe in Education.
Early years providers have a duty under Section 40 of the Childcare Act 2006 to comply with the welfare requirements of the Early Years Foundation Stage Framework (EYFS), Section 3, The Safeguarding and Welfare Requirements.
Early years providers must ensure that:
This includes:
The responsibility of the Children and Family Court Advisory and Support Service (Cafcass), as set out in the Children Act 1989, is to safeguard and promote the welfare of individual children who are the subject of family court proceedings. It achieves this by providing independent social work advice to the court.
A Cafcass officer has a statutory right in public law cases to access local authority records relating to the child concerned and any application under the Children Act 1989. That power also extends to other records that relate to the child and the wider functions of the local authority, or records held by an authorised body that relate to that child.
Where a Cafcass officer has been appointed by the court as a child's guardian and the matter before the court relates to specified proceedings, they should be invited to all formal planning meetings convened by the local authority in respect of the child. This includes statutory reviews of children who are accommodated or looked after, child protection conferences and relevant Adoption Panel meetings.
Local authorities have the statutory responsibility for safeguarding and promoting the welfare of the children of service families in the UK.
In discharging these responsibilities:
Voluntary, Charity, Social Enterprise (VCSE) and private sector organisations and agencies play an important role in safeguarding children through the services they deliver. Some of these will work with particular communities, with different races and faith communities and delivering in health, adult social care, housing, prisons and the National Probation Service. They may as part of their work provide a wide range of activities for children and have an important role in safeguarding children and supporting families and communities.
Like other organisations and agencies who work with children, they should have appropriate arrangements in place to safeguard and protect children from harm. Many of these organisations and agencies as well as many schools, children's centres, early years and childcare organisations, will be subject to charity law and regulated either by the Charity Commission or other "principal" regulators. Charity trustees are responsible for ensuring that those benefiting from, or working with, their charity, are not harmed in any way through contact with it. The Charity Commission for England and Wales provides guidance on charity compliance which should be followed. Further information on the Charity Commission's role in safeguarding can be found on: the Charity Commission's page on the GOV.UK website.
Some of these organisations and agencies are large national charities whilst others will have a much smaller local reach. Some will be delivering statutory services and may be run by volunteers, such as library services. This important group of organisations includes youth services not delivered by local authorities or district councils.
All practitioners working in these organisations and agencies who are working with children and their families are subject to the same safeguarding responsibilities, whether paid or a volunteer.
Every VCSE, faith-based organisation and private sector organisation or agency should have policies in place to safeguard and protect children from harm. These should be followed and systems should be in place to ensure compliance in this. Individual practitioners, whether paid or volunteer, should be aware of their responsibilities for safeguarding and protecting children from harm, how they should respond to child protection concerns and how to make a referral to local authority children's social care or the police if necessary.
Every VCSE, faith-based organisation and private sector organisation or agency should have in place the arrangements described in this chapter. They should be aware of how they need to work with the safeguarding partners in a local area. Charities (within the meaning of section 1 Charities Act 2011), religious organisations (regulation 34 and schedule 3 to School Admissions) and any person involved in the provision, supervision or oversight of sport or leisure are included within the relevant agency regulations. This means if the safeguarding partners name them as a relevant partner they must cooperate. Other VCSE, faith-based and private sector organisations not on the list of relevant agencies can also be asked to cooperate as part of the local arrangements and should do so.
There are many sports clubs and organisations including voluntary and private sector providers that deliver a wide range of sporting activities to children. Some of these will be community amateur sports clubs, some will be charities. All should have the arrangements described in this chapter in place and should collaborate to work effectively with the safeguarding partners as required by any local safeguarding arrangements. Paid and volunteer staff need to be aware of their responsibilities for safeguarding and promoting the welfare of children, how they should respond to child protection concerns and how to make a referral to local authority children's social care or the police if necessary.
All National Governing Bodies of Sport, that receive funding from either Sport England or UK Sport, must aim to meet the Standards for Safeguarding and Protecting Children in Sport.
The registered person of a children's home must have regard to the Guide to the Children's Homes Regulations, including the Quality Standards (April 2015), in interpreting and meeting the Regulations. The Guide covers the quality standards for children's homes, which set out the aspirational and positive outcomes that we expect homes to achieve, including the standard for the protection of children. The registered person is responsible for ensuring that staff continually and actively assess the risks to each child and the arrangements in place to protect them. Where there are safeguarding concerns for a child, their placement plan, agreed between the home and their placing authority, must include details of the steps the home will take to manage any assessed risks on a day to day basis.
In addition to the requirements of this standard, the registered person has specific responsibilities under regulation 34 to prepare and implement policies setting out: arrangements for the safeguarding of children from abuse or neglect; clear procedures for referring child protection concerns to the placing authority or local authority where the home is situated if appropriate; and specific procedures to prevent children going missing and take action if they do.
Each home should work with their local safeguarding partners to agree how they will work together, and with the placing authority, to make sure that the needs of the individual children are met.
Many of the agencies subject to the section 11 duty are members of the Multi- Agency Public Protection Arrangements (MAPPA), including the police, prison and National Probation Service. MAPPA should work together with duty to co-operate (DTC) agencies to manage the risks posed by violent and sexual offenders living in the community in order to protect the public and should work closely with the safeguarding partners over services to commission locally.
All organisations, which do not have statutory duties under Section 11 of the Children Act 2004 but which have involvement with children and young people, directly or indirectly, should have in place the arrangements described in this chapter. They should be aware of how they need to work with the safeguarding partners in a local area. They have a responsibility to ensure that their employees, volunteers and service users are aware of these procedures and know how to access them.
Everybody who works with children, parents and other adults in connection with children should be able to recognise indicators of concern about a child's welfare or safety. A staff member or volunteer who may encounter concerns about the safety and well-being of a child should know: