SECTION 2 - AGENCY ROLES AND RESPONSIBILITIES IN CHILD PROTECTION
Shared Responsibilities This section should be read in conjunction with Sections 3-5 of these procedures, individual agency child protection procedures and national and regional guidance. All professionals and members of the community within County Durham have a duty to consider the safety and wellbeing of children. Those agencies and professionals whose primary responsibility is to provide services to adults should always consider the safety and welfare of any children in the household or any children (including unborn) who are in contact with those adults. The Local Authority has a general duty under the Children Acts 1989 and 2004 to safeguard and promote the welfare of children who are in need and, so far as it is consistent with that duty, to promote the upbringing of such children by their families. The Local Authority is also obliged to ensure that children in its area are protected from significant harm and any child at risk of significant harm is invariably a child in need. All referrals to Safeguarding & Specialist Services (S&SS) are referrals of Children In Need. All new referrals are taken by Social Care Direct (SCD), screened and, if deemed of moderate or serious concern, passed to the appropriate Team Manager. Broadly speaking, Children In Need referrals are deemed moderate and Children In Need of Protection as serious. Children in Need Safeguarding & Specialist Services undertake assessments of children, under their Children In Need Procedures, where a child’s health or development is being impaired or there is a high risk of impairment without services (s17, Children Act 1989) Children in Need of Protection The Children Act 1989 states the Local Authority has a duty to investigate when they “have reasonable cause to suspect a child who lives, or is found, in their area is suffering, or is likely to suffer significant harm”. (s47, Children Act 1989) These referrals are assessed under these procedures, taking into account the child’s age and vulnerability, the information available and the expressed view of the child (dependent on age and understanding). Referrals should be made to Social Care Direct 0845 850 50 10 if there are any signs that a child under the age of 18 years, is experiencing or may already have experienced abuse or neglect or is suffering, or likely to suffer 'significant harm' in the future. Referrals will be passed onto the relevant service within Safeguarding & Specialist Services. This may be the Initial Assessment Team, which is a countywide team and/or the Child In Need teams based in the localities. Durham County Council, District Councils, NHS Bodies (Strategic Health Authority, PCTs, NHS Foundation Trust), the Police (including British Transport Police), Probation, Prison Services, Hassockfield Secure Training Centre, Youth Engagement Service and Connexions all have a duty under Section 11 of the Children Act 2004 to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children. Durham County Council has a duty to carry out their function under the Education Acts with a view to safeguarding and promoting the welfare of children under section 175 of the Education Act 2002. In addition maintained (state) schools and Further Education (FE) institutions, including 6th Form Colleges also have a duty under s175 to exercise their functions with a view to safeguarding and promoting the welfare of their pupils (and students under the age of 18 in the case of FE institutions). The same duty applies to Independent Schools by regulations made under s157 of the 2002 Act. In addition under s87 of the Children Act 1989 independent schools that provide accommodation for pupils have a duty to safeguard and promote the welfare of those children. The Child and Family Court Welfare Advisory and Support Service (CAFCASS) also has a duty under s12 (1) of the Criminal Justice and court Services Act 2000 to safeguard and promote the welfare of children involved in family proceedings. It is the responsibility of providers of services to children and young people and their families to ensure that appropriate single-agency procedures and training are available to all staff. The primary duty of all staff, whatever their nominated role, is to protect children from significant harm. Achieving good outcomes for children requires all those with responsibility for assessment and the provision of services to work together according to an agreed plan of action. Effective collaborative working requires professionals and agencies to be clear about:
All specified agencies and professionals must:
If a professional has any concerns about a child/children who is suffering, or at risk of suffering, significant harm, s/he should refer to the relevant section of these procedures. Further guidance on information sharing, confidentiality and consent is outlined in Information Sharing: Practitioners Guide DFES, 2006. Common Features of all Agencies To fulfil their commitment to safeguard and promote the welfare of children all organisations need to have in place:
It is important that all members of the community understand that safeguarding children is a concern for everyone and that effectiveness of professional agencies will depend on the awareness and support of the public. If any member of the public is concerned that a child may be at risk of abuse or neglect they should either telephone:
Children & Young People’s Services Safeguarding & Specialist Services The agency with lead responsibility for child protection is Durham County Council through the Children and Young People’s Services (Safeguarding & Specialist Services). Safeguarding & Specialist Services have the following responsibilities:
The primary duty of all staff, whatever their nominated role, is to protect children from significant harm. Emergency Duty Team (EDT) and other specialist support services Staff working in EDT (sometimes referred to as “out of hours” service) and other specialist support services must distinguish carefully, often on the basis of inadequate and/or unreliable information:
EDT staff and staff in other specialist support services should ensure that all relevant information obtained and actions taken out of office hours are transmitted without delay to the relevant sections within Safeguarding & Specialist Services and other agencies as appropriate. Disabled Children and Their Families Team The Disabled Children and Their Families Team work with children and young people who are disabled, that is a child/young person under the age of 18 with:
Responsibility for s47 enquiries All Initial Assessments for disabled children are undertaken by the Disabled Children and Their Families Team. If the safeguarding issues are in regard to a family where there are disabled child/children and non-disabled child/ren then discussions will take place between Team Manager - Children In Need and Team Manager - Disabled Children and Their Families Team and a clear recorded decision made regarding who will conduct the Strategy Meeting and be responsible for investigation. Co-working will take place with the Disabled Children and Their Families Team taking case responsibility for the disabled child/children and working closely with the Children in Need Team. Local Authority Secure Children's Homes provide care and accommodation for young people placed under a secure welfare order for the protection of themselves or others, and for those placed under criminal justice legislation by the Youth Justice Board. Secure Children's Homes, like all children's homes, are registered and inspected and must comply with the Children's Homes Regulations 2001 and meet the Children's Homes National Minimum Standards, , both of which cover a range of issues including child protection. Services for Looked After Children and Care Leavers Where a member of staff encounters a situation where abuse is observed or suspected s/he must inform the Team Manager or equivalent Line Manager. In his/her absence, inform the covering manager and consult regarding to appropriate action to be taken. Consultation may take place with Social Care Direct. There may be ongoing involvement of the referring worker in supporting the child and family and in informing the assessment. Youth Services Youth and Community Workers have close contact with children and young people and should be aware of signs of abuse and neglect and how to act upon concerns about a child’s welfare. Local Authority youth services should be given written instructions consistent with “What to do if you are worried a child may be being abused” ” and Durham Local Safeguarding children Board (LSCB) procedures, these are available on the Durham Local Safeguarding Children Board website on when Youth and Community Workers should consult colleagues, line manager, and other statutory authorities about concerns they may have about a child or young person. Where Durham County Council funds local voluntary youth organisations or other providers through grants or contract arrangements, they will ensure that arrangements to safeguard children and young people are in place, this should form part of the agreement for the grant or contract. The organisations may seek advice on how to do so from their national bodies or the Durham Local Safeguarding Children Board. County Durham Youth Engagement Service CDYES The context for the Youth Engagement Service’s policy with respect to child protection is provided by the Mission Statement for the Service: “County Durham Youth Engagement Service prevents offending by helping young people achieve their full potential as active members of their communities.” In order to achieve this the Youth Engagement Service:
The primary purpose of the Youth Engagement Service is the prevention of youth offending. This requirement is defined by statute, the 1998 Crime and Disorder Act. . This Act was also the statutory vehicle for the establishment of multi-agency Youth Offending Teams across England and Wales. When any young person is allocated on an individual basis to a YES Officer an Asset assessment of his/her needs will be undertaken. This provides a generic assessment of risk and need. This is one example of where YES staff will need to be vigilant in their work with young people, families, carers and communities and take immediate appropriate action should they have concerns over the safety of children and young people. Once these concerns are raised YES staff must work in partnership with any investigation or any of the other processes, including attendance at Strategy Meetings and child protection conferences. Where YES is working with a young person who has harmed other young people, YES staff must undertake the relevant assessments, work in partnership with investigations into allegations concerning that young person and any subsequent child protection procedures, as well as work within Multi-Agency Public Protection Arrangements (MAPPA) procedures. Early Years Provision/Childminders/Children’s Centres/Sure Start Day care and early years provision includes a range of services in both statutory and independent sectors including:
The extensive contact of these services with children makes them well placed to support families under stress to help prevent difficulties getting worse and to help the families promote the health and development of children. It also enables them to observe, at an early stage, when abuse or neglect may be occurring. Anyone who provides/manages/delivers any kind of Early Years Service should know how to recognise potential indicators and should know how to respond if abuse or neglect is suspected or alleged. All Early Years Services should have in place a written set of guidance and procedures, agreed by the LSCB and accessible to all staff, volunteers and individual contractors. These should make clear their responsibilities about how to act in respect of the safety and welfare of any child and should tell them what sources of advice are available to them and when to contact Safeguarding & Specialist Services. Staff and volunteers should be given the necessary training to equip them to carry out these responsibilities. The service should be open with service users about their responsibilities under the child protection procedures. This should include advising parents how they can access advice and report concerns if they suspect that a child is being abused or neglected in that setting or elsewhere. Children and Young People’s Service - Attainment The Government have recently introduced legislation to strengthen and make more explicit the child protection related responsibilities of education staff. The Children and Young People’s Service (Attainment) must nominate a lead officer with responsibility for co-ordinating policy and action on child protection across schools and non-school services maintained by the authority, and for providing advice to them. (‘Safeguarding Children in Education). Children and Young People’s Service (Attainment) should ensure that guidance on child protection is sent to all Head Teachers in maintained and non-maintained schools in the County. Children and Young People’s Service (Attainment) should keep up to date lists of designated staff and support and encourage appropriate training. If a pupil is placed in a school outside of the County, the Local Authority should ensure it has adequate child protection policies and guidance. Through their daily contact with children, teachers and other staff in maintained, foundation, voluntary aided and independent schools, sixth form and further education colleges are well placed to observe signs of abuse, changes in behaviour or a failure to develop. Schools should contribute to child protection through the:
All schools must have policies and procedures which reflect the roles of staff and parents regarding:
All schools and colleges must have a designated member of staff with responsibility for child protection, usually the Head Teacher or another senior member of staff and it may be useful to nominate a deputy designated member of staff to cover absences. Both the designated member of staff and his/her deputy (where applicable) should be provided with relevant ongoing training.
When a child has special educational needs, or is disabled, schools will have important information about the child’s level of understanding and the most effective means of communicating with the child. They may well be invaluable in assisting communication during an investigation. They will also be well placed to give a view on the impact of treatment or intervention on the child’s care or behaviour. Where a child may have disappeared, or there is cause for concern due to the sudden and unexpected move of a child, information must be shared, without delay, with the Designated Professional who will co-ordinate further enquiries with appropriate agencies/individuals. A referral will be made to Safeguarding & Specialist Services if concerns remain. School Governors & Governing Bodies Governing bodies and proprietors of non-maintained establishments must ensure that appropriate child protection procedures are in place, seeking advice as necessary from the Children and Young People’s Services. It may be useful for governing bodies to nominate one of its members and ensure that opportunities are provided for his/her training. The Chair of Governors has a specific contribution to make when allegations are made against a Head Teacher. Education Welfare Officers (EWOs) In their direct welfare work with families, EWOs who recognise child protection issues must refer them to Safeguarding & Specialist Services. EWOs should assist the Designated Teacher in monitoring children whose names appear on the Child Protection List. EWOs are able to provide advice and support to other education staff on child protection matters. Educational Psychology and other Support Services Educational Psychologists deal with pupils who exhibit learning and behavioural difficulties of varying kinds. Most of these children will have no additional needs outside of the school context, but some may be failing to make the necessary progress at school due to problems that affect them socially and emotionally, including neglect and abuse. Educational Psychologists are trained to identify indicators of abuse and have an important role in informing co-professionals of problems that need to be addressed on an inter-agency basis. If an Educational Psychologist has a concern about a child who is, or is likely to be at risk of significant harm, s/he should consult with the designated professional in their organisation and make a referral to Safeguarding & Specialist Services if this is judged to be required. Independent Schools & Non-Durham Education Maintained Schools The role of an Independent and Non-Durham Education Maintained School in relation to child protection is the same as that of any other school. The same pastoral responsibilities apply and schools should adopt the principles and pursue the objectives contained within this guidance. It is particularly important that Independent and Non-Durham Education Maintained Schools establish a route of communication with the local Children in Need Teams, Durham LSCB and Children and Young People’s Service (Attainment) so that children requiring support receive prompt attention and that any allegation of abuse can be properly investigated. Where medical and nursing care is provided, the School should ensure their medical and nursing staff have appropriate training and access to advice on child protection and safeguarding and promoting the welfare of children. Children and Young People’s Service and Durham LSCB offer the same level of support and advice to Independent Schools in matters of child protection as they do to maintained schools. Prevention of Bullying in Schools All schools and colleges must have an effective policy in place to combat bullying incidents. Parents and pupils must be consulted regarding the complication of such policies. There may be incidents of bullying which need to be considered within the child protection procedures where a pupil has suffered significant harm and action is required to promote and safeguard their welfare. Use of Physical Intervention in Educational Establishments All schools and colleges must have a policy and procedure in place regarding the use of physical intervention. The use of physical intervention must always be a last resort. All other strategies must be used to avoid physical intervention being implemented. Any use of physical intervention must be recorded in line with the school’s policy. The parent (person with Parental Responsibility) must be informed at the earliest opportunity. All schools and colleges must have a system in place to deal with and try to prevent incidents of racism. There may be occasions when the impact of racist incidents is so severe that it constitutes significant harm for the victim. In those instances consideration must be given as to whether it is appropriate to make a referral under the child protection procedures. Further Education Institutions and Governing Bodies The above responsibilities (with appropriate modification) must be in place in respect of all students studying in further education below the age of 18 years. Further Education institutions may enter into agreement to purchase services such as advice support and training but have no obligation to do so. The college/institution must, however, ensure that these services are in place. Those who work with adults in Adult and Community Services must consider the implications of service users’ behaviour for the safety and wellbeing of any dependent children and/or children with whom those adults are in contact. Practitioners should also refer to the document County Durham Protocol For Working Together 2005, which aims to provide a framework to facilitate collaborative working practices between and across services. In particular, child protection issues may arise amongst parents, carers, or pregnant women who are in receipt of the following:
Children and Young People’s Service must establish and maintain systems so that:
Adult and Community Services staff who receive referrals about adults who are also parents should consider if there is a need to alert Safeguarding & Specialist Services to a child who may be ‘in need’ or ‘at risk of significant harm’. Once action is taken under child protection procedures (and regardless of whether the work is undertaken jointly or separately) Safeguarding & Specialist Services become responsible for its co-ordination. Library staff have a great deal of informal contact with children and parents using their services, which provides opportunities for recognising those who are experiencing difficulties. If young children are left unattended within the library for lengthy periods of time, staff should approach parents and inform Safeguarding & Specialist Services if concerns are not allayed. Through the facility for homework helpers and holiday groups, some library staff have direct unsupervised contact with children and all must be familiar and comply with child protection procedures. Because libraries provide opportunities for anonymous access to the internet, staff must be aware and take reasonable precautions to prevent access to pornography and chatrooms in which children may be drawn into risky relationships. Office for Standards in Education (OfSTED) Registered childminders and day care providers must satisfy explicit criteria in order to meet the national standard with respect to child protection (Standard 13). Ensuring that they do so is the responsibility of OfSTED. OfSTED requires that:
OfSTED will seek to ensure that day care providers:
OfSTED must be informed when a child protection referral is made to Safeguarding & Specialist Services about:
OfSTED must be invited to any Strategy Meeting where an allegation might have implications for other users of the day care service and/or the registration of the provider. OfSTED must seek to cancel registration if children are at risk of significant harm by being looked after in childminding or day care settings. Where warranted OfSTED will bring civil proceedings or criminal proceedings against registered or unregistered day care providers. Housing authorities/associations (including Registered Social Landlords (RSL)) and others with a front line role such as environmental health officers, have an obligation to:
Environmental Health Officers inspecting conditions in private rented housing may become aware of conditions that impact adversely on children. Under Part 1 of the Housing Act 2004 authorities will take account of the impact of health and safety hazards in housing on vulnerable occupants including children when deciding the action to be taken by landlords to improve conditions. The Housing Corporation supports the principle of Registered Social Landlords working in partnership with a range of organisations to promote social inclusion, and its Regulatory Code states that Housing Associations must work with Local Authorities to enable the latter to fulfil their duties to the vulnerable and those covered by the Government’s Supporting People Policy. Children are intensive users of the Leisure Services, including parks, swimming pools, leisure centres and theatres. Leisure Services also organise courses for young children, e.g. cycling proficiency. In addition to their shared responsibility to provide staff with child protection training, Leisure Services must ensure that managers take responsibility for briefing casual and temporary members of staff of the need to be aware of child protection issues. Working practices should be adopted which minimise unobserved contact with children. Leisure Services must also ensure that any organisations contracting to use leisure premises have adequate child protection procedures and codes of practice (such as those issued by national governing bodies of sport, the Health & Safety Executive or the Local Authority). It may be useful to identify a member of staff who can take a lead role for child protection. Health Service The ‘Health Service’ is complex, being made up of many different sectors:
Health agencies in County Durham consist of:
All health professionals in the NHS, private sector and other agencies play an essential role in ensuring children and families receive the care, support and services they need in order to promote children’s health and development. Due to the universal nature of health provision, health professionals are often the first to be aware that families are experiencing difficulties in looking after their children. The Children Act 2004 places a duty on Strategic Health Authorities, Designated Special Hospitals, Primary Care Trusts, NHS Trusts and NHS Foundation Trusts to make arrangements to ensure that in discharging their functions they have regarding the need to safeguard and promote the welfare of children. All health agencies have a duty under s27 of the Children Act 1989 to comply with a request for help from the Local Authority in relation to safeguarding a child, provided that the request is compatible with the health agency’s own statutory or other duties and does not unduly prejudice the carrying out of it’s work. All staff working in health settings must follow the procedures in the County Durham & Darlington NHS Safeguarding Children Procedures and related Guidance for all Health Care Staff, including “ Responding to Domestic Abuse: A Handbook for Health Professionals”, DoH 2005 if they have concerns about a child. The Strategic Health Authority has a monitoring and performance management role in relation to Primary Care Trust and other NHS Trusts. This means that they are responsible for making sure that local NHS organisations are of a high quality and are performing well. County Durham and Darlington NHS Foundation Trust is responsible for the management of secondary health care in the county. It comprises three hospitals, two of which serve the population within Durham LSCB boundaries. The population in the south of Easington can access secondary health care from North Tees and Hartlepool Acute Hospitals NHS Trust. In the north of Easington secondary health care can be accessed from Sunderland Acute Hospitals NHS Trust. The hospitals receive referrals from General Practitioners and other health colleagues within the Primary Care Trust and have inpatient facilities to cater for the needs of the population. The staff employed by the Trusts work in collaboration with other agencies to safeguard the protection of vulnerable children and their families. Child protection training is available to all staff and they are expected to adhere to the established procedures within the Trusts to protect children. Consultant Paediatricians employed by the Trusts, play a pivotal role in the assessment of children, as part of the multi-agency, investigative, child protection process, as do paediatric nursing staff. All Consultant Paediatricians are involved in the assessment of physical abuse, emotional abuse and neglect. Assessment of children for sexual abuse is undertaken by a small, specialised group of Consultant Paediatricians and Forensic Physicians who have received additional training and have more experience in this field. A comprehensive assessment of the child/young person would comprise: an account of the allegation and other relevant background information, including brief developmental assessment;
After the assessment, a written report is provided, which contributes to the wider investigation and planning for the child/young person. Referrals to other health professionals and follow up arrangements for review are made, where appropriate. The Named and Designated Paediatricians are part of the consultant team in the Trusts. They liaise closely with the Designated and Senior Nurses for Child Protection on strategic and operational issues with regard to safeguarding children. County Durham Primary Care Trust (PCT) is at the centre of the NHS and are responsible for managing health services in their local area. The PCT takes the overall strategic lead for health services in local inter-agency working regarding child protection matters. The Primary Care Trust works in co-operation with other agencies in planning services for vulnerable children and their families and in ensuring that local health agencies and professionals contribute fully and effectively to local inter-agency working to safeguard children and promote their welfare. If a health problem cannot be resolved through primary care, treatment will be needed from secondary care services. The Primary Care Trust is responsible for planning and commissioning secondary care services from other health agencies (such as Foundation Trusts and Mental Health Trusts). As such, it is accountable for it’s own child protection processes as well as those undertaken by agencies with which it has commissioning arrangements. In addition the GP should be informed at the earliest opportunity when a referral about child abuse has been made by another member of the primary care team. The Primary Care Trust should have a clear means of identifying in records those children who are the subject of a Child Protection Plan. This will enable them to be recognised by the other practitioners within the practice. There should be effective communication between GPs, health visitors, school nurses, practice nurses and midwives in respect of all children about whom there are concerns. Mental health services are provided by Tees, Esk & Wear Valley NHS Trust and Northumberland, Tyne & Wear NHS Trust. These services include Adult Mental Health, Child & Adolescent Mental Health Services (CAMHS), Learning Disability Services and Alcohol and Substance Misuse Services. All mental health professionals have a duty to seek to discover whether any patient/client has responsibility for a child and to consider the impact his/her condition may have on that child and whether this requires a referral to Safeguarding & Specialist Services. All mental health staff and GPs must be aware of the possibility of child abuse in parent/carers with personality disorder, mental illness, problems with aggression or violent behaviour and substance misuse or through misuse of drugs or alcohol. The needs and protection of the child (including the unborn child) of these patients are a priority in the assessment of parents and should be undertaken in partnership with PCT staff and Safeguarding & Specialist Services. Adult psychiatrists and psychologists treat both victims of past abuse and perpetrators. Care programme meetings about users of mental health services must include consideration of any needs or risk factors with respect to any children concerned including arrangements for contact and discharge. Safeguarding & Specialist Services must be included in these meetings. Guidance on children visiting psychiatric patients (HSC1999/222; LAC(99)32) include those detained under the Mental Health Act 1983 must be adhered to and any visit should be demonstrably in the best interests of the child. A range of services are provided by health and voluntary organisations to respond to the needs of both adults and children who misuse substances. These services are linked to other agencies at local level through the Co Durham Drug & Alcohol Action Team (DAAT). It is important that arrangements are in place to ensure referrals are made to safeguard and promote the welfare of children. North East Ambulance Service NHS Trust North East Ambulance Service NHS Trust recognises that Ambulance crew will often be the first professional to arrive at an incident/accident and that their actions and recording of information may be crucial to subsequent enquiries. The Trust has in place a child protection procedure that provides guidance for crews when they suspect that a child may have been abused or neglected. These procedures detail that in addition to providing any necessary paramedical attention, Ambulance crews should:
The procedures advise that should a parent/carer refuse to allow the Ambulance crew to convey the child to hospital they should contact the Control Supervisor in Ambulance Control. The procedure also alerts Trust staff to the recognition and significance of domestic violence. There is one Designated Nurse and one Designated Doctor responsible for County Durham. These Designated Professionals provide a strategic, professional lead on all aspects of the Health Service contribution to safeguarding children. The Designated Professionals are members of Durham LSCB. Designated Professionals provide advice, expertise and support to the Named Professionals in each Trust. Each Trust in County Durham has identified a Named Doctor (or Named GP in the case of the Primary Care Trust) and a Senior Nurse Child Protection. There is also a Senior Nurse Child Protection for County Durham and Darlington NHS Foundation Trust and a Senior Nurse Child Protection for Tees, Esk and Wear Valleys NHS Trust. Senior Nurses Child Protection and GPs are allocated proportionate to the local resident population. Therefore, although there is now one PCT, there are five Senior Nurses Child Protection and five Named GPs, one for each locality within County Durham. County Durham and Darlington NHS Foundation Trust has identified two Named Midwives, one for University Hospital of North Durham and one for Bishop Auckland General Hospital. The Senior Nurse Child Protection function for the Easington area of North Tees and Hartlepool Acute Hospitals NHS Trust is provided by the Senior Nurse Child Protection in Easington. These Named Professionals provide a lead in operational child protection issues within their Trusts. They have a key role in promoting good professional practice within their Trust and provide advice and expertise for professionals. Criminal Justice Organisations The Units work in the fields of adult, child and public protection and domestic violence. They provide a service that includes:
The Vulnerability Units Terms of Reference include investigating possible offences which occur involving:
Investigations falling within the above Terms of Reference will be conducted by the Vulnerability Unit covering the area where the child lives. Officers will deal with investigations outside the Vulnerability Unit’s Terms of Reference, (to the same standard,) from the police station, which covers the area in which the offence occurred. Co Durham National Probation Service The key aims of the National Probation Service are:
Probation staff work predominantly with offenders aged 18 years and over. The service also provides information and consultation to the victims (including child victims) of serious sexual and violent offenders. Probation staff may become involved with cases relevant to child protection:
All offenders referred to the Probation Service are assessed in terms of their risk level and needs by use of a standard assessment tool (OASys). Those assessed as high or very high risk are dealt with by means of Multi-Agency Public Protection Arrangements (MAPPA). The Probation Service Victim Liaison Officer should consult Safeguarding & Specialist Services in cases where the victim is a child. Probation staff have both statutory and non-statutory contact with sex offenders following release from prison and work with a range of offenders with less serious convictions against children. When working with any member of a family where child abuse is known, or thought to have occurred and where the child remains in the care of, or has contact with the abuser, the Probation Officer must liaise closely with Safeguarding & Specialist Services and any other relevant agencies. (The exception is where a child has been removed and has no planned contact). Accurate and up to date records should be kept of all communications and information about the abuse or suspected abuse. The Secure Estate for Children and Young People The Youth Justice Board has statutory responsibility for the commissioning and purchasing of all secure accommodation for children and for setting standards for the delivery of those services. The Secure Estate comprises Prison Service accommodation for juveniles (Young Offender Institutions), Secure Training Centres and Secure Children’s Homes provided by Local Authorities. The Prison Service should work closely with other agencies to identify any prisoner who may represent a risk to the public on release. Governors are required to notify Safeguarding & Specialist Services and Probation Service of any plans to release prisoners convicted of offences against children and young people so that action can be taken by agencies in the community to minimise any risk. Prisons will normally promote family contact for prisoners during their sentence, but they also have a duty towards children who may visit prisoners or receive contact from prisoners. Governors can disallow any visit to an inmate by someone under 18 years of age if such a visit would not be in the best interests of that young person. Governors can stop a prisoner corresponding to a young person if a parent requests it. Prisons are also required to implement a range of measures to minimise the risk that certain prisoners, particularly those charged with or convicted of sexual offences against children, may pose to children. Prison Governors should seek the advice of Safeguarding & Specialist Services on these matters when necessary. The Prison Service has a duty to protect and promote the welfare of children; these obligations are contained in Prison Service Order 4950 that requires Prisons to undertake a set of tasks in consultation with the LSCB. Governors must appoint a “Child Protection Co-ordinator” and should also establish a Child Protection Committee the minimum core membership of which must include:
The key objectives of the Committee will be to:
This notification enables enquiries to be made regarding potential risk posed to children. Crown Prosecution Service (CPS) The Crown Prosecution Service (CPS) is the Government Department responsible for prosecuting people in England and Wales who have been charged by the Police with a criminal offence. Created by the Prosecution of Offences Act 1985, the CPS is an independent body that works closely with the Police. The CPS is the principal prosecuting authority in England and Wales. They are responsible for advising the Police on cases for possible prosecution, reviewing cases submitted by the Police, preparing cases for court and the presentation of cases at court. The role of the service is to prosecute cases firmly, fairly and effectively when there is sufficient evidence to provide a realistic prospect of conviction and when it is in the public interest to do so. Durham County Council Corporate & Legal Services Durham County Council employ a team of solicitors who are available to advise Safeguarding & Specialist Services staff on all aspects of legislation relating to children, including child protection and care proceedings. The solicitor will consider whether the grounds exist to issue care proceedings and/or Emergency Protection Orders and must be involved in discussion with relevant staff before the decision is made to commence proceedings. This will involve the solicitor in discussing the proposed Child Protection Plan for the child, as this will have an impact on whether care proceedings are necessary to protect the child. As a representative of the Director of Corporate & Legal Services, who is the County Council’s Monitoring Officer, the solicitor is responsible for taking steps to avoid unnecessary complaints being made against the County Council, including applications for judicial law. Children and Family Courts Advisory and Support Service (CAFCASS) CAFCASS has the responsibility to advise the courts on the needs and interests of children who are the subject of family court proceedings, on issues such as applications for Residence or Contact Orders, adoption and disputes about specific issues such as preventing a child being taken abroad. Staff employed by CAFCASS undertake the roles of children’s guardian, reporting officer, children and family reporter and parental order reporter. The functions of the service in respect of family proceedings in which the welfare of children is or may be in question, are to:
CAFCASS staff should be informed of any s47 enquiries or domestic abuse incidents, on cases in which they have an involvement, and be kept informed of and, where appropriate, invited to Strategy Discussions and/or Meetings, Child Protection Conferences and child care reviews. CAFCASS staff should also report any concerns without delay to Safeguarding & Specialist Services. Proforma requests from CAFCASS seeking information in private law matters about a child or family known to Safeguarding & Specialist Services should be responded to promptly. Where necessary, a summary report indicating the extent of Safeguarding & Specialist Services involvement and any ongoing welfare concerns about a child and/or adults should be provided. Connexions is tasked with provision of services to a wide age range of young people (13 to 19, and for the more vulnerable, up to 25 years of age). Consequently, protection related protocols currently being developed for agreement with Local Authorities will be informed by ‘‘Working Together to Safeguard Children’ 2006 and ‘No Secrets’ (guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse). Connexions is responsible for:
Department for Further Education and Skills (DFES) The Department for Further Education and Skills brings together the inspection, regulation and review of all social care services into one organisation. In County Durham, DfES;
DFES will require such providers to meet national standards with respect to child protection, relevant to the service they offer. Providers will also be expected to have knowledge of child protection, including signs and symptoms and what to do if abuse or neglect is suspected. DFES must be informed when a child protection referral is made to Safeguarding & Specialist Services regarding, a person who works in any of the services regulated by the DFES. DFES should be invited to any Strategy Meetings convened due to concerns or allegations about staff or carers in regulated settings. County Durham and Darlington Fire and Rescue Service County Durham Fire and Rescue Service provides a range of youth engagement programmes aimed at providing life skills and fire safety behaviour as well as delivering programmes to address fire dangerous behaviour. County Durham Fire and Rescue Service recognises that the protection and safety of children and young people is everyone’s responsibility and ensures through guidance and training that staff are alert to the possibility of having to deal with the children who are the subject of suspected abuse or neglect. There is an agreed policy and good practice guide, which establishes the roles and responsibilities of staff in relation to the protection of children, with whom they come into contact through their work. Staff must follow these procedures if they suspect or believe that a child may be at risk of abuse, is being or has been abused either by:
The guidance produced by the Service identifies that designated officers within the Community Safety Department should be consulted if concerns are identified. Responsibility for the welfare of Armed Forces families is vested in the employing services and specifically in the Commanding Officer. The frequency of moves makes it imperative that Armed Forces authorities are fully aware of any child deemed at risk. All three Services provide professional welfare support to augment that provided by the Local Authority. When Service personnel (or civilians working with the Armed Forces) are based overseas, the Service responsibility is widened to include the protection of their children. The Service authorities should co-operate with statutory agencies and support Service families where child abuse or neglect occurs or is suspected. The information they hold on any family can help in the assessment and review of child protection cases. Service authorities may also hold information on ex-Service families, which may help with current enquiries. Service authorities, through their internal instructions, are made aware that the primary responsibility for the protection of children is with the Local Authority and that assistance should be given to enable it to fulfill its statutory obligations. Incidents of child abuse and neglect, indicating serious harm or injury, should be referred to Safeguarding & Specialist Services for enquiries to be undertaken. The provision of secondary welfare support to Army families in the UK is the responsibility of the Army Families Welfare Service (AWS). Where a child from an Army family is subject of a child protection enquiry, contact should be made immediately with the local AWS Personal Support. The Station’s Personnel Department, usually the Officer Commanding Personnel Management Squadron (OCPMS), generally manages welfare support in the RAF. The Department liaises and works closely with the Soldiers, Sailors, Air Force Association – Forces Help (SSAFA-FH) social work assistant, and a professionally qualified social work adviser. In the event of a child protection enquiry Safeguarding & Specialist Services liaison should be with the OCPMS and the SSAFA-FH social work adviser for the area. All child protection matters are handled by the Naval Personal and Family Service (NPFS) - the Royal Navy’s own social work department. In the event of a child protection enquiry Safeguarding & Specialist Services liaison should be with the NPFS, who are able to discuss and facilitate service action on behalf of families. Local Authorities should ensure that SSAFA is made aware of any Service child subject to a Child Protection Plan whose family is about to move overseas. SSAFA can confirm the existence of appropriate resources in the proposed overseas location to meet identified needs. Full documentation should be provided to SSAFA. SSAFA-FH provides, at the request of the Ministry of Defence (MOD) a qualified social work and health visiting service to families of all Services overseas. Procedures exist in all three Services for the monitoring of the protection of children, and the usual rules of confidentiality are observed. When it appears a child is in need of emergency protection a designated person may make an application for a Protection Order (ss. 19-22 Armed Forces Act 1991) to a Commanding Officer. This Order may last up to a maximum of 28 days, subject to review every seven days by a senior officer. If a Child Protection Conference decides, whilst the Order is in force, that it is not in the child’s best interests to return to his/her parents, the child will be removed to the care of an appropriate Local Authority In the UK. Assistance will be given to parents to return to the UK so they can be involved with all proceedings and decisions affecting their child. The Protection Order, made in the overseas command, remains in effect for 24 hours following the arrival of the child in the UK. During this period the Local Authority must decide whether to apply to the UK court for an Emergency Protection Order (EPO). When a Service family with a child in need of protection is about to return to the UK, SSAFA or the NPFS is responsible for informing the relevant Local Authority and for ensuring that full documentation is provided to assist in the management of the case. Movement of Children between the United Kingdom and Overseas Local Authorities should ensure that SSAFA-FH, the British Forces Social Work Service (Overseas), for the NPFS for RN families, is made aware of any service child who is the subject of a Child Protection Plan whose family is about to transfer overseas. In the interests of the child, SSAFA-FH, the British Forces Social Work Service (Overseas) or NPFS can confirm appropriate resources exist in the proposed location to meet identified needs. Full documentation should be provided which will be forwarded to the relevant overseas Command. All referrals should be made to the Director of Social Work, HQ SSAFA-FH or Area Officer, NPFS (East) as appropriate. Comprehensive reciprocal arrangements exit for the referral of child protection cases subject to a Child Protection Plan to appropriate UK authorities on the temporary or permanent relocation of such children to the UK from overseas. Enquires about Children of Ex-Service Families Where a Local Authority believes that a child is subject of current child protection processes is from an ex-Service family, NPFS, AWS or SSAFA-FH can be contacted to establish whether there is existing information which might help with enquiries. Such enquiries should be addressed to NPFS, AWS or the Director of Social Work, SSAFA-FH The (NSPCC) is a National Charity with a duty to protect children from abuse and neglect and has the statutory power to bring care proceedings in its own right. The NSPCC operates a national 24-hour child protection helpline (see Appendix 4 for contact details), which accepts referrals and passes the information to the relevant Safeguarding & Specialist Services or Police Force. The NSPCC may also be commissioned to undertake specific child protection related work, including s47 enquiries and, ‘special investigations’. The NSPCC also provides services direct to children and families and has the same responsibilities in this respect as other voluntary agencies (see below). The Voluntary and Private Sectors All voluntary agencies and groups (some of which undertake work commissioned by Local Authorities) should be encouraged and supported by Local Authorities to develop child protection procedures consistent with these procedures. The agency/group should ensure that all staff and volunteers:
The agency/group should:
Where independent agencies have a formal relationship with statutory ones, e.g. subject to registration and inspection or contracted to provide services, the statutory agencies may reasonably be expected to provide clear advice and assistance. Many children regularly attend sports clubs and all such organisations should have their own child protection procedures and training for relevant staff and volunteers. The NSPCC Child Protection in Sport (CPSU) works in partnership with Sport England and other major sports organisations to develop safeguards for children in sport. In partnership with Ladbrokes, the NSPCC has issued a free leaflet and checklist of questions (Have Fun Be Safe) that parents and carers should be asking for, from organisations offering sports activities for children (available from NSPCC and Ladbrokes shops). The Football Association (FA), for example has its own child protection policy and procedures and provides mandatory training for coaches, referees and volunteers involved in local football clubs. The child protection procedures instruct individuals to seek advice or make referral to the NSPCC helpline, Safeguarding & Specialist Services or the Police. Where suspected abuse occurs within a football setting, the FA Head of Education & Child Protection should be informed of the concerns and will provide information for any child protection enquiries and Strategy Discussions and/or Meetings. Faith communities have an important role to play in child protection, which reflects children’s:
Faith communities should ensure that all clergy, staff and volunteers who have regular contact with children:
Faith communities should:
Whenever there is concern that a child has been abused or neglected the concern should be referred, without delay, to Safeguarding & Specialist Services for the area in which the child lives. Safeguarding & Specialist Services may also be contacted for consultation. |
