Chapter 2 – Roles and responsibilities |
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Contents
The statutory framework within which organisations operate
Infrastructure and governance to deliver safeguarding responsibilities
Common Assessment Framework (CAF)
Local authorities that are children’s services authorities
Roles of different health services
Criminal justice organisations
Schools and further education institutions
Children and Family Court Advisory and Support Service (Cafcass)
The voluntary and private sectors
Introduction
| 2.1 | Everyone shares responsibility for safeguarding and promoting the welfare of children and young people, irrespective of individual roles. Nevertheless, in order that organisations and practitioners collaborate effectively, it is vital that all partners who work with children – including local authorities, the police, the health service, the courts, professionals, the voluntary sector and individual members of local communities – are aware of, and appreciate, the role that each of them play in this area. |
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| 2.2 | Although all organisations that work with children and young people share a commitment to safeguard and promote their welfare, many organisations have specific roles and responsibilities to do so that are underpinned by a statutory duty or duties. |
| 2.3 | Local authorities that are children’s services authorities (These are top tier local authorities, defined in England as a county council; a metropolitan district council; a non-metropolitan district council for areas for which there is no county council; a London borough council; the Common Council of the City of London; and the Council of the Isles of Scilly. See Glossary.) have a number of specific duties to organise and plan services and to safeguard and promote the welfare of children. These duties fall within the remit of the Director of Children’s Services (DCS) under section 18 of the Children Act 2004. It is essential that the DCS, or senior managers reporting to the DCS, have relevant skills and experience in, and knowledge of, safeguarding and child protection, and that they provide high quality leadership in this area as part of the delivery of effective children’s social care services as a whole. |
| 2.4 | Local authorities – along with district councils, NHS bodies (Strategic Health Authorities (SHAs), designated Special Health Authorities, Primary Care Trusts (PCTs), NHS trusts, and NHS foundation trusts), the Police (including the British Transport Police), probation and prison services (under the National Offender Management Service (NOMS) structure), Youth Offending Teams (YOTs), secure training centres and Connexions – also 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. Guidance for these organisations about their duty under section 11 is contained in Making Arrangements to Safeguard and Promote the Welfare of Children (HM Government, 2007) |
| 2.5 | Local authorities in the exercise of their education functions also have a duty under section 175 of the Education Act 2002 to carry out those functions with a view to safeguarding and promoting the welfare of children. In addition, maintained (state) schools and Further Education (FE) institutions, including sixth-form colleges, have a duty under section 175 to exercise their functions with a view to safeguarding and promoting the welfare of their pupils (students under 18 years of age in the case of FE institutions). The statutory guidance to local authorities, maintained schools, and FE institutions about these duties is in Safeguarding Children and Safer Recruitment in Education, which is due to be updated and reissued in 2010. Regulations under section 157 of the Education Act 2002 prescribe as a standard for independent schools, including academies and technology colleges, that they should draw up and implement effectively a written policy to safeguard and promote the welfare of children who are pupils at the school which complies with Safeguarding Children and Safer Recruitment in Education. In addition, under section 87 of the Children Act 1989, independent schools that provide accommodation for children also have a duty to safeguard and promote the welfare of those pupils. Boarding schools, residential special schools, and FE institutions that provide accommodation for children under 18 must have regard to the respective National Minimum Standards for their establishment. |
| 2.6 | 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, under which providers are required to take necessary steps to safeguard and promote the welfare of young children. |
| 2.7 | Safeguarding is a key function of the Children and Family Court Advisory and Support Service (Cafcass). Section 12(1) of the Criminal Justice and Court Services Act 2000 sets out Cafcass’s duty to safeguard and promote the welfare of children involved in family proceedings in which their welfare is, or may be, in question. |
| 2.8 | The United Kingdom Border Agency (UKBA) is required under section 55 of the Borders, Citizenship and Immigration Act 2009 to carry out its functions having regard to the need to safeguard and promote the welfare of children who are in the UK. The UKBA instruction Arrangements to Safeguard and Promote Children’s Welfare in the United Kingdom Border Agency sets out the key principles to be taken into account in all Agency activities. Section 55 is intended to have the same effect as section 11 of the Children Act 2004. Statutory guidance on this duty, which mirrors the statutory guidance to other agencies, has been issued to the UKBA jointly by the Home Office and the DCSF. |
| 2.9 | All organisations must ensure they have in place safe recruitment policies and practices, including enhanced Criminal Records Bureau (CRB) checks for all staff, including agency staff, students and volunteers, working with children. It is an offence knowingly to employ a person who has been barred by the Independent Safeguarding Authority (ISA) from working in posts which involve caring for or treating children. Information about whether a person is barred will be given on an enhanced CRB check. From 26 July 2010, staff can register under the new Vetting and Barring Scheme (for more information on the Vetting and Barring Scheme see the ISA website) and from November 2010 registration will be compulsory for new entrants to the workforce. |
| 2.10 | An overview of the duties mentioned above and the structure of children’s services under the Children Act 2004 are set out in the Preface to this guidance and Appendix 1. |
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| 2.11 | To fulfil their commitment to safeguard and promote the welfare of children and young people all organisations that provide services for children, parents or families, or work with children, should have in place: |
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| 2.12 | Effective information sharing underpins integrated working and is a vital element of both early intervention and safeguarding. The cross-government guidance Information Sharing: Guidance for practitioners and managers and associated training materials provides advice on when and how frontline practitioners can share information legally and professionally. The guidance also covers how organisations can support practitioners and build their confidence in making information sharing decisions. It is intended for practitioners and managers who have to make decisions about sharing personal information on a case by case basis in all services and sectors, whether they are working with children, young people, adults or families. It is also for those who support these practitioners and managers and for others with responsibility of information governance. It should be read in conjunction with any specific organisational or professional guidance. |
| 2.13 | Every Children’s Trust Board should assure themselves that all partners consistently apply the Information Sharing Guidance. This should mean that: |
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| 2.14 | The Embedding information sharing toolkit focuses on the organisation and cultural aspects of information sharing. It describes activities that are specifically designed to address the key barriers and drivers of effective information sharing and presents real examples of these activities from local areas. |
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| 2.15 | ContactPoint provides a quick way for people working with children to find out who else is working with the same child. It includes basic information (The Children Act 2004 Information Database (England) Regulations 2007) about every child in England from birth to their 18th birthday (over 18 in certain circumstances) and contact details for parents or carers and practitioners or other services working with that child. ContactPoint is subject to stringent security controls with access limited only to people with the appropriate training who have undergone security checks and who need to use it professionally. |
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| 2.16 | The Common Assessment Framework (CAF) is a tool to enable early and effective assessment of children and young people who need additional services or support from more than one agency. It is a holistic consent-based needs assessment framework which records, in a single place and in a structured and consistent way, every aspect of a child’s life, family and environment. National eCAF, still being developed, will be a secure IT system for storing and accessing information captured through the CAF process. Practitioners will only be given access to information on national eCAF for a child or young person with whom they are working and then only with the specific consent of the child or young person (or parent/carer as appropriate). |
| 2.17 | The Children’s Trust Board should have clear arrangements in place for implementing the CAF locally. This includes ensuring that the whole children and young people’s workforce are aware of it and how it is used, and that there are enough people in the local area with the necessary skills, training and support to undertake a CAF. These arrangements should reflect that the CAF form is not a referral form, although it may be used to support a referral or specialist assessment. The absence of a CAF should not be a barrier to accessing services. |
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| 2.18 | The safety and welfare of children and young people is the responsibility of the local authority, working in partnership with other public organisations, the private and third sector, and service users and carers. Integrating the delivery of these services at the frontline can help to maximise their effectiveness. An integrated and preferably co-located workforce that includes active partners from the police, health visiting services and other relevant health services, can enable these services to be provided both more effectively and more efficiently. Local authorities should work with partners to ensure that all services are working together effectively at an operational level, for example by meeting regularly to help build and develop positive professional relationships, share information, discuss issues and improve working practices. Local authorities, together with their Children’s Trust partners, should look closely at any opportunity to integrate and co-locate services, taking into account specific local needs and circumstances. |
| 2.19 | As part of exercising statutory responsibilities, and in order to ensure that specialist services are commissioned effectively, it is important that local authorities work through the Children’s Trust Board and wider co-operation arrangements to agree, in consultation with the LSCB: |
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| 2.20 | All services that are commissioned and/or delivered by the local authority will have an impact on the lives of children and families, and local authorities have a particular responsibility towards those children and families most at risk of social exclusion. |
| 2.21 | Local authorities have responsibilities for ensuring appropriate arrangements to safeguard and promote the welfare of children are in place for all children residing within their area, including: |
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| 2.22 | In order to ensure that children are protected from harm, local authorities commission, and may themselves provide a wide range of care and support for: |
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| Local authorities also have a duty under section 17 of the Crime and Disorder Act 1998 to do all they reasonably can to prevent crime and disorder in the exercise of their functions. | |
| 2.23 | Local authorities have specific duties in respect of children under the Children Acts 1989 and 2004. They have a general duty to safeguard and promote the welfare of children in need in their area and, provided that this is consistent with the child’s safety and welfare, to promote the upbringing of such children by their families by providing services appropriate to the child’s needs. They should do this in partnership with parents, in a way that is sensitive to the child’s race, religion, culture and language and that takes account of the child’s wishes and feelings. Services might include childcare for young children, after-school care for school children, counselling, short breaks, family centre services, practical help in the home or targeted parenting and family support. |
| 2.24 | Within local authorities, children’s social care staff act as the principal point of contact for children about whom there are welfare concerns. They may be contacted directly by children, parents or family members seeking help, by concerned friends and neighbours, or by professionals and others from statutory and voluntary organisations. The need for family support should be considered at the first sign of difficulties, as early support can prevent more serious problems developing. Contact details need to be clearly signposted, including on local authority websites, on notice boards in schools, health centres, public libraries and leisure centres, and in telephone directories. Specific consideration should be given as to how children and young people will be made aware of whom they can contact if they require advice and/or support: this includes children living away from home in educational, health or custodial settings, for example. Good practice in information sharing and processes such as the CAF and the lead professional role should be fully embedded throughout the Children’s Trust co-operation arrangements. |
| 2.25 | Local authorities, with the help of other organisations as appropriate, also have a duty to make enquiries if they have reason to suspect that a child in their area is suffering, or likely to suffer, significant harm, to enable them to decide whether they should take any action to safeguard and promote the child’s welfare (see Chapter 5). |
| 2.26 | Where a child or young person is suffering or likely to suffer significant harm, children’s social care staff have lead responsibility for undertaking an assessment of the child’s needs, the parents’ capacity to meet these needs and to keep the child safe and promote his or her welfare, and of the wider family and environmental circumstances. The child’s own account of their needs, concerns, the capacity of their parents to protect them and promote their welfare, as well as other factors, should be taken into account as part of the assessment and subsequent interventions. |
| 2.27 | A well-supported workforce is essential to the effective and safe delivery of these functions. It is important that local authorities ensure that high quality, experienced social workers undertake key management and supervisory roles in intake/duty teams and receive high quality, specialist training in these roles. |
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| 2.28 | Local authorities are also the lead agency for safeguarding adults. Services do not always neatly divide into those for adults and those for children, and there will be circumstances when adult services can make a contribution to the safeguarding of children, and circumstances when staff in adult services may become aware of risks of harm to children which should be disclosed, and vice versa. There will also be circumstances when safeguarding children and adults can and should be done jointly. For all these reasons children and adult services should be aware of each other’s roles and responsibilities, and service and workforce planning should take account of the family and neighbourhood context in which safeguarding work is carried out. |
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| 2.29 | As outlined in the section 11 guidance, housing and homelessness staff in local authorities, and others with a front line role such as environmental health officers, can play an important role in safeguarding and promoting the welfare of children as part of their day-to-day work – recognising child welfare issues, sharing information, making referrals and subsequently managing or reducing risks of harm. |
| 2.30 | In many areas, local authorities do not directly own and manage housing, having transferred these responsibilities to one or more registered social landlords (RSLs). Housing authorities remain responsible for assessing the needs of families, under homelessness legislation, and for managing nominations to RSLs who provide housing in their area. They continue to have an important role in safeguarding children because of their contact with families as part of the assessment of need, and because of the influence they have designing and managing prioritisation, assessment and allocation of housing. |
| 2.31 | From 1 April 2010, the Tenant Services Authority (TSA) will regulate the whole social housing sector using its new regulatory framework (Expected to be published in March 2010). The TSA has been consulting tenants and landlords on proposed regulatory standards for social landlords; the final standards will be issued shortly. Under the TSA’s proposals, all social housing providers would be expected to understand and respond to the particular needs of their tenants and co-operate with other partners at a local level, including local authorities, to promote social, environmental and economic wellbeing in those areas. |
| 2.32 | A number of RSLs across the country provide specialist supported housing schemes specifically for young people at risk and/or young people leaving care and pregnant teenagers. These schemes cater for 16- and 17-year-olds. Housing authorities and children’s services should refer to the forthcoming joint DCSF and CLG guidance about their duties under Part III of the Children Act 1989 and Part 7 of the Housing act 1996 to secure or provide accommodation for homeless 16- and 17-year-old children. |
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| 2.33 | Sport and cultural services designed for children and families – such as libraries, play schemes and play facilities, parks and gardens, sport and leisure centres, events and attractions, museums and arts centres – are directly provided, purchased or grantaided by local authorities, the commercial sector, and by community and voluntary organisations. Staff, volunteers and contractors who provide these services have various degrees of contact with children who use them, and appropriate arrangements need to be in place. These should include: |
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| Sports organisations can also seek advice on child protection issues from the Child Protection in Sport Unit (CPSU), while third sector organisations can also seek advice from the Safe Network (see paragraph 2.188). |
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| 2.34 | Youth and community workers (YCWs) have close contact with children and young people and should be alert to signs of abuse and neglect, and know how to act on concerns about a child’s welfare. Increasingly, Youth Services form part of targeted rather than universal services and thus are dealing with a higher proportion of vulnerable young people. Local authority youth services (LAYS) should give written instructions, consistent with What to do if you’re worried a child is being abused and LSCB procedures, on when YCWs should consult colleagues, line managers and other statutory authorities about concerns they may have about a child or young person. The LAYS instructions should emphasise the importance of safeguarding the welfare of children and young people, should make the YCW aware of Working Together guidance and should assist the YCW in balancing the desire to maintain confidentiality between the young person and the YCW and the duty to safeguard and promote the welfare of the young person and others. Volunteers within the youth service are subject to the same requirement. |
| 2.35 | Where the local authority commissions local voluntary youth organisations or other providers through grant or contract arrangements, the authority should ensure that proper arrangements to safeguard children and young people are in place (for example, this might form part of the agreement for the grant or contract). The organisations might get advice on how to do so from their national bodies or the LSCB. |
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| 2.36 | In April 2008 local authorities were given responsibility for Connexions and the ability to decide how best information, advice and guidance services should be delivered. Connexions has a substantial workforce working directly with young people including professionally qualified personal advisers and other delivery staff working under their supervision. Connexions is centred on young people and, as such, safeguarding and promoting the welfare of young people is a primary concern. Connexions staff should take account of and respond to behaviour that is likely to damage the overall wellbeing of young people and should address their welfare and safety needs in a holistic manner. |
| 2.37 | Local authorities should ensure that their Connexions service: |
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| Connexions should work closely with other agencies concerned with child safety and welfare to analyse rigorously the nature and distribution of risk within the cohort of young people, and to use this information to design services, allocate resources and otherwise take action to address both cause and effect. |
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| 2.39 | The safety and the health of a child are intertwined aspects of their wellbeing. Many ‘health’ interventions also equip a child to ‘stay safe’. (Staying safe’ is a key outcome of Every Child Matters). |
| 2.40 | All organisations commissioning or providing healthcare, whether in the NHS or third sector, independent healthcare sector or social enterprises, should ensure there is board level focus on the needs of children and that safeguarding children is an integral part of their governance systems. |
| 2.41 | All healthcare staff involved in working with children should attend training in safeguarding and promoting the welfare of children, and have regular updates as part of continuing professional development. See Chapter 4 for details of interagency training. |
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| 2.42 | The Care Quality Commission (CQC) is the independent regulator of safety and quality for all health services. From April 2010, NHS trusts and NHS foundation trusts need to be registered with the CQC. The Commission has a range of statutory independent enforcement actions to use where care does not meet the essential levels of safety and quality that users are entitled to expect. |
| 2.43 | GP practices and high street dental practices will be required to register with the CQC, regardless of whether they provide wholly private or wholly NHS services, or a mix of both and will be subject to a consistent set of quality standards. Registration of primary dental care providers will start from 2011 and primary medical care providers from 2012. |
| 2.44 | Any enforcement action being considered by the CQC, including possible deregistration, should include, where appropriate, arrangements in partnership with the relevant PCT to re-provide services for children as quickly and safely as possible. |
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| 2.45 | NHS foundation trusts are regulated by Monitor, an independent regulator, which has authority to hold them to account for meeting their responsibilities under the Children Acts. This is unlike NHS trusts, which are overseen by Strategic Health Authorities. However, NHS foundation trusts are assessed by the CQC in the same way as other providers. |
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| 2.46 | SHAs are the regional headquarters of the NHS. Each SHA is responsible for ensuring that patients have access to high-quality services in its area. SHAs oversee the performance of PCTs and NHS trusts and hold PCTs to account, including for safeguarding and promoting the welfare of children. SHAs are themselves directly accountable to the Department of Health and safeguarding is considered by the Department of Health as part of their SHA assurance process. |
| 2.47 | SHAs should consider individual organisations’ arrangements for, and contribution to, safeguarding children as an integral part of their governance system. Their performance and management of the healthcare system should be informed by information such as existing national data collections, LSCB audit, progress against action plans and/or child death and Serious Case Review recommendations and regulatory/inspection findings where appropriate. Bespoke local surveys and data gathering should be avoided unless there is a clear business need in order to minimise duplication and burden of reporting. |
| 2.48 | SHAs membership of LSCBs (see paragraph 3.70) will enable them to oversee the health contribution to safeguarding children at local level. Further advice on how SHAs should engage with LSCBs is set out in Annex D of the Local Safeguarding Children Boards: A Review of Progress report. |
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| 2.49 | PCTs are responsible for improving the health and wellbeing of their local population, including children and young people. To achieve this, they are under a legal duty to work with the local authority to assess what kind of health services people need. |
| 2.50 | PCTs can commission services from a range of different organisations and generally hold the providers of these services to account via contracts. PCTs can ask the regulators to step in if the providers are not meeting the expected standards. PCTs should have a collaborative, multi-agency approach to commissioning and should work with local authorities to commission and provide co‑ordinated and, wherever possible, integrated services, in particular through Children’s Trust co-operation arrangements. |
| 2.51 | PCTs should identify a senior lead for children and young people (NSF Core Standards 3 – Markers of good practice) to ensure that their needs are at the forefront of local planning and service delivery. PCTs should also identify a board executive lead for safeguarding children who takes responsibility for governance, systems and organisational focus on safeguarding children. This might be the same person. |
| 2.52 | Designated professionals should work closely with, and be performance managed and supported in their role by, this board executive lead as part of the board lead’s portfolio of responsibilities. If this person is not the board level lead for clinical governance and clinical professional leadership, the designated professional will also need to work closely with this lead person (see paragraphs 2.109–2.123). |
| 2.53 | There should be a named public health professional who addresses issues related to children in need as well as children in need of protection. The Joint Strategic Needs Assessment should include these needs which in turn should inform the Children and Young People’s Plan and the LSCB business plan. When considering commissioning services for the health and wellbeing of children in need in their area, PCTs should ensure this includes those who are temporarily resident in the area, such as children held in secure settings. |
| 2.54 | PCT Chief Executives have responsibility for ensuring that the health contribution to safeguarding and promoting the welfare of children is discharged effectively across the whole local health economy through the PCTs’ commissioning arrangements. PCTs should ensure that all their staff are alert to the need to safeguard and promote the welfare of children. Each PCT is responsible for identifying a senior paediatrician and senior nurse to undertake the role of designated professionals for safeguarding children in commissioning services across the health economy (see paragraphs 2.109–2.123). |
| 2.55 | PCTs should ensure that all providers from whom they commission services– including organisations in the public sector, independent sector, third sector and social enterprises – have comprehensive and effective single and multi-agency policies and procedures to safeguard and promote the welfare of children. These should be in line with, and informed by, LSCB procedures, and easily accessible for staff at all levels within each organisation. |
| 2.56 | PCTs are expected to ensure that safeguarding and promoting the welfare of children are integral to clinical governance and audit arrangements. Service specifications drawn up by PCT commissioners should include clear service standards for safeguarding and promoting the welfare of children, consistent with LSCB procedures. Section 4A and schedule 11 part 5 of the national contracts provide the means to prescribe the requirements for safeguarding children. By monitoring the service standards of all providers, PCTs will assure themselves that the required safeguarding standards are being met. Where practice-based commissioners undertake commissioning of services, this should be done in partnership with PCTs, who need to ensure their safeguarding duties are fulfilled. |
| 2.57 | PCTs should ensure GP practices and staff have robust systems and practices in place to ensure they can fulfil their role in safeguarding and promoting the welfare of children. PCTs will wish to consider how they support GP practices, for instance by assistance with protected time for, and access to, training in child protection. |
| 2.58 | PCTs are responsible for planning integrated GP out-of-hours services in their local area, and staff working within these services should know how to access advice from designated and named professionals within the PCT and LSCB. Each GP and member of the Primary Health Care Team should have access to a copy of the LSCB’s procedures. |
| 2.59 | PCTs are encouraged to bring together commissioning expertise on sexual violence services, to form a local Sexual Assault Referral Services (SARS) care pathway for children and young people. All SARS for children and young people, including services provided through Sexual Assault Referral Centres (SARCs), should comply with the standards for paediatric forensic medical services Service Specification for the Clinical Evaluation of Children and Young People who may have been sexually abused (RCPCH, 2009), the Children’s NSF and the You’re Welcome quality criteria: Making health services young people friendly. PCTs should ensure that staff know their local services and be clear about the different agencies’ roles and responsibilities, so that they are not hesitant about responding appropriately. A Resource for Developing Sexual Assault Referral Centres, jointly published by the Department of Health, Home Office and the Association of Chief Police Officers (ACPO) in October 2009, sets out the minimum elements essential for providing high quality SARCs services for adults and children who are victims of sexual assault. |
| 2.60 | PCTs must co-operate with the local authority in the establishment and operation of the LSCB and, as partners, must share responsibility for the effective discharge of its functions in safeguarding and promoting the welfare of children. Representation on the Board should be at an appropriate level of seniority. PCTs are also responsible for providing and/or ensuring the availability of appropriate expertise and advice and support to the LSCB, in respect of a range of specialist health functions – for example, primary care, mental health (adult, adolescent and child) and sexual health – and for co-ordinating the health component of Serious Case Reviews (see Chapter 8). They should notify the SHA and the CQC of all Serious Case Reviews. The PCT must also ensure that all health organisations, including those in the third sector, independent healthcare sector and social enterprises with whom they have commissioning arrangements, have links with a specific LSCB and are aware of LSCB policies and procedures. This is particularly important where providers’ boundaries/ catchment areas (including Ambulance Trusts and NHS Direct services (NHS Direct is a national service staffed by nurses and health advisors providing 24 hour health advice and information through a national telephone number (0845 46 47), the NHS Choices website and a digital TV service) are different from those of LSCBs. The PCT should also ensure that health agencies work in partnership in accordance with their agreed LSCB plan, including in secure settings such as Young Offenders Institutions, Secure Children’s Homes/Training Centres (where relevant) and Youth Offending Teams in the community. |
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| 2.61 | These principles apply to all NHS health services and health service providers in both the NHS and independent healthcare settings. The aim is to ensure that all children and young people receive appropriate and timely early intervention and therapeutic interventions. |
| 2.62 | All health professionals working directly with children and young people should ensure that safeguarding and promoting their welfare forms an integral part of all elements of the care they offer. Other health professionals who come into contact with children, parents and carers in the course of their work also need to be fully informed about their responsibility to safeguard and promote the welfare of children and young people. This is important as even though a health professional may not be working directly with a child, they may be seeing their parent, carer or other significant adult and have knowledge which is relevant to a child’s safety and welfare. A National Institute for Health and Clinical Excellence (NICE) clinical guideline, When to suspect child maltreatment, is a resource to help healthcare practitioners who are not specialists in child protection. |
| 2.63 | All health professionals who work with children, young people and families should be able to: |
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| 2.64 | The above should all be undertaken with reference to the core processes set out in this document (summarised in What to do if you’re worried a child is being abused), Responding to domestic abuse: A handbook for health professionals, and Improving safety, Reducing Harm: Children, young people and domestic violence; a practical toolkit for front line practitioners. Also see LSCB procedures. It is essential that all health professionals and their teams have access to advice and support from named and designated child safeguarding professionals, clinical supervision and undertake regular safeguarding training and updating (see paragraphs 2.109–2.123). |
| 2.65 | All health professionals working with children will commonly complete CAFs, which should be the responsibility of all concerned with child welfare. This includes GPs, health visitors, school nurses and other community health professionals and should not be dependent on grade or position, but rather on competence and degree of involvement with, and knowledge of, the child or young person. |
| 2.66 | The cross-government guidance Information Sharing: Guidance for practitioners and managers and associated training materials provides advice on when and how practitioners can share information legally and professionally (see paragraphs 2.12–2.14). |
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| 2.67 | NHS trusts, NHS foundation trusts and PCT provider services are responsible for providing health services in hospital and community settings. They must co-operate with the local authority in the establishment and operation of the LSCB and, as statutory partners, share responsibility for the effective discharge of its functions in safeguarding and promoting the welfare of children. They should have a board executive lead for safeguarding children who takes responsibility for governance, systems and organisational focus on safeguarding children and works closely with the named health professionals. |
| 2.68 | Representation on the LSCB should be at an appropriate level of seniority. A wide range of their staff will come into contact with children and parents in the course of their normal duties. All these staff should be trained in how to safeguard and promote the welfare of children, be alert to potential indicators of abuse or neglect in children, and know how to act on their concerns in line with LSCB procedures. |
| 2.69 | All NHS trusts, NHS foundation trusts and PCT provider services should identify a named doctor and a named nurse – and a named midwife where they provide maternity services – for child protection (see paragraph 2.109). |
| 2.70 | Staff working in urgent care settings should be able to recognise abuse or neglect and have a thorough knowledge of local procedures for making enquiries to find out whether a child is the subject of a child protection plan. Staff in urgent care settings should also be alert to the need to safeguard the welfare of children when treating parents or carers of children, and be alert to parents and carers who seek medical care from a number of sources in order to conceal the repeated nature of a child’s injuries. Specialist paediatric advice should be available at all times to A&E departments and all units where children receive care. If a child – or children from the same household – presents repeatedly, even with slight injuries, in a way that doctors, nurses or other staff find worrying, they should act upon their concerns in accordance with Chapter 5 of this guidance (the key processes are summarised in What to do if you’re worried a child is being abused). Children and families should be actively and appropriately involved in these processes, unless this could result in an increased risk of harm to the child. |
| 2.71 | In most circumstances, the relevant child’s GP should be notified of visits by children to all urgent care settings. Children and young people or, where they lack competency, their parents, should be informed about this information sharing; where they object, and clinicians agree that it would not be in their best interests for information to be shared with their GP (for example, where a young person is seeking contraceptives) then a disclosure should not take place. |
| 2.72 | Where the child or young person is not registered with a GP, the appropriate contact in the PCT is to be notified for arranging registration. Consent should be sought from the child, young person or their family, as appropriate, for relevant information to be disclosed to the PCT, health visitor, school nurse or other health professional. It is important to strike an appropriate balance between protecting the confidentiality of individuals and allowing appropriate information sharing between professionals; any decision to share information without seeking consent or to override a refusal to provide consent should therefore only take place when it is in the public interest to do so. Where there is a clear risk either of a child suffering significant harm, or serious harm to an adult, the public interest test will almost certainly be satisfied. There will be other cases where practitioners will be justified in sharing some confidential information in order to make decisions on sharing further information or taking action. In these cases the information shared should be proportionate. All decisions to share or not share information about a child or young person should be fully documented, and information sharing should be explained to the child, young person or family, as appropriate, unless this could increase the risk of harm to the child. |
| 2.73 | In addition to the accountability arrangements for NHS foundation trusts set out in paragraph 2.46, NHS foundation trusts are accountable to the PCTs that commission services from them and to their local populations through a board of governors. National standards and the legal framework for the NHS apply to NHS foundation trusts just as they do to other parts of the NHS. |
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| 2.74 | The staff working in these health services will have access (by phone or in person) to family homes and be involved with individuals in a time of crisis. They may therefore be in a position to identify initial concerns regarding a child’s welfare and be able to alert children’s social care, the GP or other appropriate health professional in line with locally agreed procedures. Ambulance trusts and NHS Direct sites should have a named professional for safeguarding children (see paragraph 2.109 for more detail). All staff should be aware of local procedures in line with LSCB policies and be appropriately trained. |
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| 2.75 | Independent sector, third sector and social enterprise providers contracted to provide NHS services should comply with the requirements in this document with respect to safeguarding and promoting the welfare of children, including the requirement to notify the local authority of children who are, or are likely to be, accommodated for at least three months (see paragraph 11.30) (Section 85, Children Act 1989). This will be included in their contract with the commissioning PCT, and PCTs should ensure that they apply the same standards and requirements as for NHS providers. |
| 2.76 | All providers of healthcare, whether operating in the NHS or independently are subject to registration requirements set out under the Health and Social Care Act 2008 and administered by the CQC. Independent, third sector and social enterprise providers should enable access for staff to regular safeguarding training and supervision as appropriate, and should have proportionate coverage of named professionals (see paragraphs 2.109–2.123), and access to designated professionals for complex issues or where concerns may have to be escalated and involve social services. Clinical networks (A Guide to Promote a Shared Understanding of the Benefits of Managed Local Networks (Department of Health, 2005))can provide a further opportunity for sharing highly specialised resources across teams and geographical areas and PCTs should facilitate these where appropriate. |
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| 2.77 | The family doctor or general practitioner (GP) is the first point of contact with the health service for most people. Most people are registered with a GP practice and have an ongoing relationship with that practice. In addition to maintaining their own professional skills in safeguarding and promoting the welfare of children, GPs have an important role to play as employers in ensuring staff whom they employ are trained in safeguarding and promoting the welfare of children (see Chapter 4). |
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| 2.78 | Universal child and family health services are provided by a range of professionals and their teams working within general practice or other provider organisations. There are many common responsibilities although specific arrangements may be different within community health services to those within general practice. While GPs and other health practitioners have responsibilities to all their patients, children may be particularly vulnerable and their welfare is paramount. |
| 2.79 | The Healthy Child Programme, 0-5 years and 5-19 years, provides a framework to ensure the promotion of the health and wellbeing of children and young people. It is delivered by multi-agency support services involved with children and young people. |
| 2.80 | As part of the Programme, regular health reviews are undertaken which provide the opportunity to identify risk factors that make children more likely to experience poorer outcomes later in life, including family and environmental factors. This enables professionals to put together a package of support or referral to specialist services to address the issues raised. All professionals need to be alert to concerns and the requirements to safeguard children. More support should be targeted to children and families who are vulnerable or those with complex needs. |
| 2.81 | If concerns arise during an assessment that may require support from another agency it will be important for the professionals involved to work in partnership and share relevant information as required, in accordance with the Government’s information sharing guidance. |
| 2.82 | All professionals delivering universal services have key roles to play both in the identification of children who may have been abused or neglected and those who are likely to be; and in subsequent intervention and protection from harm. Surgery consultations, home visits, treatment room sessions, child health clinic attendance, drop-in centres and information from staff such as health visitors, midwives, children’s centre staff, school health team staff and practice nurses may all help to build up a picture of the child’s situation and can alert the appropriate professional if there is a concern. |
| 2.83 | All professionals delivering primary care should know when it is appropriate to refer a child or young person to children’s social care for help as a ‘child in need’, and know how to act on concerns that a child may be suffering, or likely to suffer, significant harm through abuse or neglect. |
| 2.84 | GPs, their staff and community health practitioners such as health visitors and school nurses are also well placed to recognise when a parent or other adult has problems that may affect their capacity as a parent or carer, or that may mean they pose a risk of harm to a child. When GPs and other health professionals have concerns that an adult’s illness or behaviour may be causing, or putting a child at risk of, suffering significant harm, they should follow the procedures set out in Chapter 5 of this guidance (summarised in What to do if you’re worried a child is being abused). |
| 2.85 | GPs, practice staff, and other community health practitioners have an important role in all stages of the child protection process and should have a clear means of identifying in records those children (together with their parents and siblings) who are the subject of a child protection plan. This will enable them to be recognised by the partners of the practice and any other doctor, nurse or health visitor who may be involved in the care of those children. There should be good communication between GPs, health visitors, school nurses (and the wider School Health Team), practice nurses and midwives in respect of all children and their families about whom there are concerns. |
| 2.86 | GPs and other community health practitioners, such as health visitors and school nurses, have key roles in appropriate information sharing with children’s social care when enquiries are being made about a child. They will also contribute to assessments and be involved in a child protection plan, as appropriate. GPs, community health practitioners, other primary care professionals and practice staff should make available to child protection conferences relevant information about a child and family, whether or not they are able to attend. | General practitioners |
| 2.87 | All GPs have a duty to maintain their skills in the recognition of abuse and neglect, and to be familiar with the procedures to be followed if abuse or neglect is suspected. GPs should take part in training about safeguarding and promoting the welfare of children, and have regular updates as part of their post-graduate educational programme. (Good Medical Practice (GMC) .) |
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| 2.88 | The specialist skills of the health visitor are crucially important in protecting children. Health visitors contribute to all stages of the child protection process, including Serious Case Reviews. They support the work of the LSCB through the delivery of multi-agency training programmes and membership of working and task sub-groups. |
| 2.89 | Health visitors are trained to recognise risk factors, triggers of concern and signs of abuse and neglect. Through their preventative work, they are frequently the first to recognise children who are being or are likely to be abused or neglected and therefore when safeguarding procedures need to be initiated. Knowledge of the family and their circumstances, as well as the child, probably gathered during home visits, enables the health visitor to recognise signs and symptoms of a worsening environment, lack of progress to improve the child’s circumstances, or actual harm being suffered by the child. |
| 2.90 | Health visitors must have time to maintain effective contact with the child and family, to establish and develop a successful working relationship so they can consider the situation objectively. Where formal safeguarding procedures are in place, health visitors need ongoing contact with families so that they continue to receive preventative health interventions both during the crisis, and in the future. |
| 2.91 | Health visitors should liaise with other professionals and agencies so that a full picture of risk factors and progress is obtained. A recurring theme in Serious Case Reviews has been inadequate sharing of information about vulnerable children. Health visitors should use professional judgement about what, and when, information is shared with others such as children’s social care services, police and children’s centres. |
| 2.92 | Health visitors should also consider the competence of those in their team, guiding them and ensuring they understand their own roles, responsibilities and relevant policies and procedures, as well as the legislative framework for safeguarding and promoting the welfare of children. Health visitors must have access to regular proactive child protection supervision to ensure good practice (see Chapter 4). | School nurses (Nurses working in schools are often called ‘school health advisers’ or ‘health advisers’) |
| 2.93 | School nurses have a crucial role to play in safeguarding. They have regular contact with children aged 5-19 who spend a significant proportion of their time in school and are commonly the lead professional for CAFs. School nurses are educated in child health and development and have a prominent role in delivering the Healthy Child Programme. They have opportunities for periodic, anticipatory health assessments of this group of children as part of universal services. They lead public health actions, implement health education programmes and deliver enhanced services according to assessment of individual or group needs. They may be the first to identify the needs of specific children and instigate preventative interventions, and/or safeguarding procedures. |
| 2.94 | In their care and treatment of vulnerable children, school nurses may work with parents or carers, referring to, and liaising with specialists and can be instrumental in securing extra resources or support for families to increase their capacity for appropriate parenting. |
| 2.95 | The position of school nurses at the heart of caring about health and wellbeing within the school environment, alongside the personal care they offer, enables them to establish trusting relationships with children so they are the frequent recipient of confidences, which can lead to earlier intervention. |
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| 2.96 | The Healthy Child Programme starts in pregnancy. Midwives are the primary health professionals likely to be working with and supporting women and their families throughout pregnancy. However, other health professionals – including maternity support workers, health visitors and, where applicable, specialist key workers – may also be directly engaged in providing support. The close relationship they foster with their clients provides an opportunity to observe attitudes towards the developing baby and identify potential problems during pregnancy, birth and the child’s early care. |
| 2.97 | It is estimated that a third of domestic violence starts or escalates during pregnancy (see paragraphs 11.79–11.92). All health professionals working with pregnant women should understand that vulnerable women are more likely to delay seeking care, to fail to attend antenatal clinics regularly and to deny and minimise abuse. It is important to provide a supportive and enabling environment, where the issue of abuse is raised with every pregnant woman, with the provision of information about specialist agencies, thus enabling disclosure should a woman so choose (Maternity Section Children’s NSF, 2004). The Department of Health issued revised guidance, Responding to Domestic Violence: a Handbook for Health Professionals, in 2006. |
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| 2.98 | Standard 9 of the NSF is devoted to the ‘Mental Health and Psychological Wellbeing of Children and Young People’. The importance of effective partnership working is emphasised, and this is especially applicable to children and young people who have mental health problems as a result of abuse and/or neglect. Some forms of emotional distress may, however, fall short of being an identifiable mental health issue. It is also important that the more general need to promote emotional wellbeing among children and young people is not neglected as an essential component of safeguarding. |
| 2.99 | In the course of their work, child and adolescent mental health professionals will therefore want to identify as part of assessment and care planning whether child abuse or neglect, or domestic violence, are factors in a child’s mental health problems, and ensure that this is addressed appropriately in their treatment and care. If they think a child is currently affected, they should follow local child protection procedures. Consultation, supervision and training resources should be available and accessible in each service (see Chapter 4). |
| 2.100 | Child and adolescent mental health professionals have a role in the initial assessment process in circumstances where their specific skills and knowledge are helpful. In addition, assessment and treatment services may need to be provided to young people with mental health problems or with other emotional difficulties who offend. The assessment of children with significant learning difficulties, a disability or sensory and communication difficulties may require the expertise of a specialist learning disability service or CAMHS. |
| 2.101 | CAMHS also have a role in the provision of a range of psychiatric and psychological assessment and treatment services for children and families. Services that may be provided, in liaison with local authority children’s social care services, include the provision of reports for court, and direct work with children, parents and families. Services may be provided either within general or specialist multi-disciplinary teams, depending on the severity and complexity of the problem. In addition, consultation and training may be offered to services in the community – including, for example, social care schools, primary healthcare professionals and nurseries. |
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| 2.102 | Adult mental health services – including those providing general adult and community, forensic, psychotherapy, alcohol and substance misuse and learning disability services – have a responsibility in safeguarding children when they become aware of, or identify, a child suffering or likely to suffer significant harm. This may be as a result of a service’s direct work with those who may be mentally ill, a parent, a parent-to-be, or a non-related abuser, or in response to a request for the assessment of an adult perceived to represent a potential or actual risk to a child or young person. Adult mental health staff need to be especially aware of the risk of neglect, emotional abuse and domestic abuse to children. Staff should be able to consider the needs of any child in the family of their patient or client and to refer to other services or support for the family as necessary and appropriate, in line with local child protection procedures. Consultation, supervision and training resources should be available and accessible in each service. |
| 2.103 | In order to safeguard children of patients, mental health practitioners should routinely record details of patients’ responsibilities in relation to children, and consider the support needs of patients who are parents and of their children, in all aspects of their work, using the Care Programme Approach. Mental health practitioners should refer to Royal College of Psychiatrists policy documents, including Patients as Parents and Child Abuse and Neglect: the Role of Mental Health Services and SCIE Guide 30 (Think child, think parent, think family: a guide to parental mental health and child welfare, 2009 SCIE Guide 30.) |
| 2.104 | Close collaboration and liaison between adult mental health services and children’s social care services are essential in the interests of children. It is similarly important that adult mental health liaise with other health providers, such as health visitors and general practitioners. This may require sharing information to safeguard and promote the welfare of children or to protect a child from significant harm. The expertise of substance misuse services and learning disability services may also be required. The assessment of parents with significant learning difficulties, a disability, or sensory and communication difficulties, may require the expertise of a specialist psychiatrist or clinical psychologist from a learning disability service or adult mental health service. |
| 2.105 | From April 2010, under section 131A of the Mental Health Act 1983, there is a duty on hospital managers to ensure that if a child or young person under the age of 18 is admitted to hospital for mental health treatment, the environment in the hospital is suitable having regard to their age. Managers of adult services must consult with a person who can provide appropriate advice on CAMHS who would need to be involved in decisions about accommodation, care and facilities for education in hospital. |
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| 2.106 | All inpatient mental health services must have policies and procedures relating to children visiting inpatients, as set out in the Guidance on the Visiting of Psychiatric Patients by Children to NHS trusts. Additional guidance has been provided for high-security hospitals. Mental health practitioners must consider the needs of children whose parent or relative is an inpatient – whether formal or informal – in a mental health unit, and make appropriate arrangements for them to visit if this is in the child’s best interests. |
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| 2.107 | A range of services are provided, in particular by health and voluntary organisations, to respond to the needs of adults (who may have parental or caring responsibilities) and children who misuse drugs and alcohol. These services are linked to the relevant agencies at local level through Drug Action Teams, which comprise, as a minimum, health, social care, education and police representatives. It is important that arrangements are in place to enable children’s social care services and substance misuse (including alcohol) services referrals to be made in relevant cases. Where children may be suffering significant harm because of their own substance misuse, or where parental substance misuse may be causing such harm, referrals need to be made by Drug Action Teams or alcohol services, in accordance with LSCB procedures. Where children are not suffering significant harm, referral arrangements also need to be in place to enable children’s broader needs to be assessed and responded to. Further information can be found in the DCSF/DH Joint Guidance on Development of Local Protocols between Drug and Alcohol Treatment Services and Local Safeguarding and Family Services. |
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| 2.108 | The terms ‘designated professionals’ and ‘named professionals’ denote professionals with specific roles and responsibilities for safeguarding children. As commissioners, all PCTs should have a designated doctor and nurse to take a strategic, professional lead on all aspects of the health service contribution to safeguarding children across the PCT area, which includes all providers. PCTs should ensure establishment levels of designated and named professionals are proportionate to the local resident populations and to the complexity of provider arrangements. For large PCTs, NHS trusts and foundation trusts which may have a number of sites, a team approach can enhance the ability to provide 24-hour advice and provide mutual support for those carrying out the designated and named professional role. If this approach is taken, it is important to ensure that the leadership and accountability arrangements are clear. |
| 2.109 | Designated and named professional roles should always be explicitly defined in job descriptions, and sufficient time, funding, supervision and support should be allowed to fulfil their child safeguarding responsibilities effectively. Further information can be found in the intercollegiate document Safeguarding Children and Young People: Roles and Competencies for Health Care Staff. (This document is currently being updated) |
Designated professionals |
| 2.110 | Designated professionals are a vital source of professional advice on safeguarding children matters to the PCT, health professionals, particularly named safeguarding health professionals, local authority children’s services departments and the LSCB. Appointment as a designated professional may be a full-time role employed as part of the PCT commissioning arm or the person may be employed by a provider organisation with certain time dedicated to the designated role. If the person is not employed by the PCT commissioning arm a clear service level agreement should be in place. |
| 2.111 | Designated professionals: |
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Named professionals |
| 2.112 | All NHS trusts, NHS foundation trusts, and public, third sector, independent sector, social enterprises and PCTs providing services for children should identify a named doctor and a named nurse – and a named midwife if the organisation provides maternity services – for safeguarding. In the case of NHS Direct, Ambulance trusts and independent providers, this should be a named professional. The focus for the named professional’s role is safeguarding children within their own organisation and they should work closely with the board safeguarding children lead to ensure all services are aware of their responsibilities (see paragraphs 2.61–2.65). |
| 2.113 | Named professionals have a key role in promoting good professional practice within their organisation, and provide advice and expertise for fellow professionals. They should have specific expertise in children’s health and development, child maltreatment and local arrangements for safeguarding and promoting the welfare of children. |
| 2.114 | Named professionals should support the organisation in its clinical governance role, by ensuring that audits on safeguarding are undertaken and that safeguarding issues are part of the Trust’s clinical governance system. They also have a key role in ensuring a safeguarding training strategy is in place and is delivered within their organisation. |
| 2.115 | Named professionals are usually responsible for conducting the organisation’s internal management reviews, except when they have had personal involvement in the case when it will be more appropriate for the designated professional to conduct the review. Named professionals should be of sufficient standing and seniority in the organisation to ensure that the resulting action plan is followed up. |
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| 2.116 | Paediatricians, wherever they work, will come into contact with child abuse or neglect in the course of their work. All paediatricians need to maintain their skills in the recognition of abuse, and be familiar with the procedures to be followed if abuse and neglect is suspected. Consultant paediatricians, in particular, may be involved in difficult diagnostic situations, differentiating those where abnormalities may have been caused by abuse from those that have a medical cause. In their contacts with children and families, they should be sensitive to clues suggesting the need for additional support or enquiries. |
| 2.117 | Where paediatricians undertake forensic medical examination, they must ensure they are competent to do so, or work together with a colleague, such as a forensic medical examiner, who has the necessary complementary skills (The core and case-dependent skills required are outlined in detail in Guidance on Paediatric Forensic Examinations in Relation to Possible Child Sexual Abuse (2004), produced by the Royal College of Paediatrics and Child Health and the Association of Forensic Physicians.) |
| 2.118 | Paediatricians are sometimes required to provide reports for child protection investigations, civil and criminal proceedings, and to appear as witnesses to give oral evidence. They must always act in accordance with guidance from the General Medical Council (GMC) (Acting as an expert witness. This guidance also lists other sources of information and advice.) and professional bodies, ensuring their evidence is accurate. The Academy of Royal Colleges also issued guidance for those undertaking expert witness work in 2005 (Medical Expert Witness: Guidance from the Academy of Medical Royal Colleges (2005)). |
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| 2.119 | Dental practitioners and dental care professionals (dental therapists, dental hygienists, dental nurses, etc.) may see vulnerable children, both within healthcare settings and when undertaking domiciliary visits. They are likely to identify injuries to the head, neck, face, mouth and teeth, as well as potentially identifying other child welfare concerns. From April 2011, primary dental practitioners will be required to register with the CQC and comply with the regulations for safeguarding. |
| 2.120 | The dental team, irrespective of the healthcare setting in which they work, should therefore be included within the child protection systems and training within the local trust. Child protection and the Dental Team – an introduction to safeguarding children in dental practice is available as guidance for all dental practice staff. Dentists should have access to a copy of the LSCB’s procedures. |
| 2.121 | The dental team should have the knowledge and skills to identify concerns regarding a child’s welfare. They should know how to refer to children’s social care and who to contact for further advice, including the local named and designated professionals. |
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| 2.122 | All other health professionals, including those not specifically covered in the preceding sections, and staff who provide help and support to promote children’s health and development should have knowledge of the LSCB procedures and how to contact named professionals for advice and support. They should receive the training and supervision they need to recognise and act on child welfare concerns and to respond to the needs of children. |
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| 2.123 | The main roles of the police are to uphold the law, prevent crime and disorder and protect citizens. Children, like all citizens, have the right to the full protection offered by the criminal law. Under section 11 of the Children Act 2004, the police authority and chief officer of police for a police area in England must ensure that their functions are discharged having regard to the need to safeguard and promote the welfare of children. Offences committed against children can be particularly sensitive, and often require the police to work with other organisations, such as children’s social care, in the conduct of any investigation. |
| 2.124 | The police recognise the fundamental importance of inter-agency working in combating child abuse, as illustrated by well-established arrangements for joint training involving police and social care colleagues. The police also have specialist training in investigating child abuse cases. The second edition of Investigating Child Abuse and Safeguarding Children was published by ACPO and the National Police Improvement Agency in 2009. This sets out the investigative doctrine, training courses and terms of reference for police forces’ child abuse investigation units (CAIUs). |
| 2.125 | All police forces have CAIUs and, despite variations in their structures and staffing levels, they normally take primary responsibility for investigating child abuse cases. All CAIUs have access to the national IMPACT Nominal Index (INI) which enables them to quickly check which forces hold information on a particular individual. The INI capability draws on a number of police databases, including child protection, domestic violence, crime, custody and intelligence. Police forces are in the process of migrating to the Police National Database (PND) which will continue to provide and enhance this facility. |
| 2.126 | Safeguarding children is not solely the role of CAIU officers – it is a fundamental part of the duties of all police officers. Patrol officers attending domestic violence incidents, for example, should be aware of the effect of such violence on any children normally resident within the household. The police also maintain relevant UK-wide databases such as VISOR – a database for the management of individuals who pose a serious risk of harm to the public (VISOR has been developed jointly between the police and the probation service to assist management of offenders in the community). Through the Safeguarding Vulnerable Groups Act 2006, the Government has established a new integrated Vetting and Barring Scheme, regulating all those who work with children (and vulnerable adults), which relies on regularly updated police information. Separate guidance is available to help the police carry out this responsibility, and officers engaged in, for example, community safety partnerships, Drug Action Teams, Multi Agency Risk Assessment Conference (MARAC) and Multi Agency Public Protection Arrangements (MAPPA) must keep in mind the needs of children in their area. |
| 2.127 | Children and young people also come into contact with the police as part of the criminal justice process, when arrested or taken to a police station for questioning or when asked to give evidence as a witness. The police have a duty to safeguard and promote the welfare of children in their care/custody at all stages of the process and ensure full compliance with the requirements of the Police and Criminal Evidence Act (PACE). Criminal and youth justice agencies and local authority children’s services should have protocols in place to ensure that young people are not detained in police cells overnight and to ensure adequate safeguarding of young people in court settings and during escort to the secure estate. |
| 2.128 | The police hold important information about children who may be suffering, or likely to suffer significant harm, as well as those who cause such harm, which they should share with other organisations where this is necessary to protect children for example, the family court. This includes a responsibility to ensure that those officers representing the police at a child protection conference are fully informed about the case, as well as being trained and experienced in risk assessment and the decision-making process. Similarly, they can expect other organisations to share with them information and intelligence they hold to enable the police to carry out their duties. |
| 2.129 | Any evidence gathered by the police or other agencies in criminal investigations may be of use to local authority solicitors who are preparing for civil proceedings to protect the victim. The Crown Prosecution Service (CPS) should be consulted, so that they may decide on the issue of sharing evidence in the best interests of the child and in the interests of justice. |
| 2.130 | The police must be notified as soon as possible by local authority children’s social care whenever a case referred to them involves a criminal offence committed, or suspected of having been committed, against a child. Other agencies should also consider sharing such information (see paragraphs 5.20 onwards). This does not mean that in all such cases a full investigation is required, or that there will necessarily be any further police involvement. It is important, however, that the police retain the opportunity to be informed and consulted, to ensure all relevant information can be taken into account before a final decision is made. |
| 2.131 | LSCBs should have in place a protocol, agreed between the local authority and the police, to guide both organisations in deciding how section 47 enquiries should be conducted and, in particular, the circumstances in which joint enquiries are appropriate. |
| 2.132 | In addition to their duty to investigate criminal offences, the police have emergency powers to enter premises and ensure the immediate protection of children believed to be suffering, or likely to suffer, significant harm. In such circumstances, the police should inform the child (if he or she appears competent to understand) and take such steps as are reasonably practicable to ascertain the child’s wishes and feelings. Police emergency powers should be used only when necessary, the principle being that, wherever possible, the decision to remove a child from a parent or carer should be made by a court. Home Office Circular 017/2008 gives detailed guidance on this. |
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| 2.133 | The Probation Service supervises offenders with the aim of reducing re-offending and protecting the public. As part of their main responsibility to supervise offenders in the community, offender managers are in contact with, or supervising, a number of offenders who have been identified as presenting a risk, or potential risk, of harm to children. They also supervise offenders who are parents or carers of children and these children may be at heightened risk of involvement in (or exposure to) criminal or anti-social behaviour and of other poor outcomes. By working with these offenders to change their lifestyles and to enable them to change their behaviour, offender managers safeguard and promote the welfare of offenders’ children. In addition, Probation Areas/Trusts provide a direct service to children by: |
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| 2.134 | Offender managers should also ensure that there is clarity and communication between MAPPA and other risk management processes – for example, in the case of safeguarding children, procedures covering registered sex offenders, domestic abuse management meetings, child protection procedures and procedures for the assessment of people identified as presenting a risk or potential risk of harm to children. See Chapter 12 for further information. |
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| 2.135 | Governors of prisons (or, in the case of contracted prisons, their Directors) also have a duty to make arrangements to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children and young people, not least those who have been committed to their custody by the courts. |
| 2.136 | In particular, Governors/Directors of women’s establishments that have Mother and Baby Units must ensure that staff working on the units are prioritised for child protection training, and that there is always a member of staff on duty in the unit who is proficient in child protection, health and safety and first aid/child resuscitation. Each baby must have a childcare plan, setting out how the best interests of the child will be maintained and promoted during the child’s time of residence on the unit. |
| 2.137 | Governors/Directors of all prison establishments must have in place arrangements that protect the public from prisoners in their care. This includes having effective processes in place to ensure prisoners are not able to cause harm to the public, particularly children. Restrictions are placed on prisoner communications (visits, telephone and correspondence) that are proportionate to the risk they present. As a response to incidents where prisoners have attempted to ‘condition and groom’ future victims, all prisoners who have been identified as presenting a continued risk of harm to children are not allowed contact with children, unless a favourable risk assessment has been undertaken. This assessment takes into consideration information held by the police, probation, prison and children’s social care services. |
| 2.138 | The wishes and feelings of the child or young person are an important element of the assessment. When seeking the views of the parent or carer (person with parental responsibility) regarding contact, it is important that the child’s wishes and feelings are sought. In the letter to the child’s parent or carer, it should be emphasised that the child’s wishes and feelings should be taken into account. If a child or young person is able to make an informed choice, these wishes and feelings must be given due consideration. Local authority children’s social care services will ascertain the views of the child or young person during the home visit. |
| 2.139 | Governors should ensure that any staff working directly with the children of offenders are trained in child protection. |
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| 2.140 | The Children Act 1989 applies to children and young people in the secure estate and the local authority continues to have responsibilities towards them in the same way as they do for other children in need. LSCBs will have oversight of the safeguarding arrangements within secure settings in their area. |
| 2.141 | The Youth Justice Board (YJB) has a statutory responsibility for the commissioning and purchasing of all secure accommodation for children and young people who are sentenced or remanded by the courts. It does not deliver services directly to young people but is responsible for setting standards for the delivery of those services. |
| 2.142 | There are three types of secure accommodation in which a young person can be placed, which together make up the secure estate for children and young people: |
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| 2.143 | All these establishments have a duty to effectively safeguard and promote the welfare of children and young people, which should include: |
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| 2.144 | All members of staff working in secure establishments have a duty to promote the welfare of children and young people and ensure that they are safeguarded effectively. In addition, Governors, Directors and senior managers have a duty to ensure that appropriate procedures are in place to enable them to fulfil their safeguarding responsibilities. These procedures should include, but not be limited to, arrangements to respond to: |
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| 2.145 | All staff working within secure establishments should understand their individual safeguarding responsibilities and should receive appropriate training to enable them to fulfil these duties. Appropriate recruitment and selection processes should be in place to ensure staff’s suitability to work with children and young people. These procedures should cover any adult working within the establishment, whether or not they are directly employed by the Governor/Director. |
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| 2.146 | The principal aim of the youth justice system is to prevent offending by children and young people. YOTs have a key role. YOTs are multi-agency teams that must include a probation officer, a police officer, a representative of the PCT, someone with experience in education, and someone with experience of social work relating to children. YOTs are responsible for the supervision of children and young people subject to pre-court interventions and statutory court disposals. |
| 2.147 | YOTs are well placed to identify those children and young people known to relevant organisations as being most at risk of offending, and to undertake work to prevent them offending. A significant number of the children who are supervised by the YOTs will also be children in need, and some of their needs will require safeguarding. It is necessary, therefore, for there to be clear links between youth justice and local authority children’s social care, both at a strategic level and at an operational level for individual children and young people. YOT Management Boards are made up of statutory and other YOT partners at a senior level and provide strategic direction and oversight to YOTs at a local level. |
| 2.148 | YOTs, in partnership with these wider statutory partners, have a mutual duty to make effective local arrangements to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children known to the youth justice system. |
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| 2.149 | The primary duties of the UKBA are to maintain a secure border, to detect and prevent border tax fraud, smuggling and immigration crime, and to ensure controlled, fair migration that protects the public and that contributes to economic growth and benefits the country. The UKBA also has a role in granting protection to those who need it according to international conventions and the laws of the UK. It is also required to enforce immigration legislation and this will at times mean removing from the UK persons who have no legal entitlement to remain in the UK, which may include the short-term detention of individuals and families in Immigration Removal Centres. |
| 2.150 | The UKBA does not directly provide services to children and young people but it does play a part in identifying and acting upon concerns about the welfare of children with whom it comes into contact. Under section 55 of the Borders, Citizenship and Immigration Act 2009 the UKBA has a duty to ensure that its functions are discharged with regard to the need to safeguard and promote the welfare of children. Its main contributions to safeguarding and promoting the welfare of children include: |
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| 2.151 | Other elements of the UKBA’s contribution include: |
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| 2.152 | The UKBA makes referrals to the statutory agencies responsible for child protection or child welfare such as the police or local authority children’s social care services. Wherever it is appropriate the UKBA will seek to establish national, regional and local protocols for joint working with these bodies. |
The UKBA and trafficking of persons, including children |
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| 2.153 | Since 1 April 2009, the UK has been bound by the Council of Europe Convention on Action against Trafficking in Human Beings. All UKBA staff at operational and case working grades complete training on how to identify potential victims of trafficking, and this includes specific sections on the features of child trafficking. Where a child is identified as vulnerable as a result of a suspicion of trafficking, details of the case are referred simultaneously to the relevant local authority and to specially trained ‘competent authority’ teams based in the UKBA and the UK Human Trafficking Centre. |
| 2.154 | These ‘competent authority’ teams consider all relevant information, including any provided by local authority children social care services, in determining whether a case meets the thresholds for trafficking set out in the Convention. A positive decision will lead to an extendable 45-day reflection period during which the victim will have access to support and will not be removed from the UK. Following this they may be eligible for a residence permit under current immigration policy. This is a significant safeguarding role for all UKBA staff and a major contribution by the Agency to the wider safeguarding of children. |
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| 2.155 | Schools (including independent schools and non-maintained special schools) and FE institutions should give effect to their duty to safeguard and promote the welfare of their pupils (students under 18 years of age in the case of FE institutions) under the Education Act 2002 and, where appropriate, under the Children Act 1989 (see paragraph 2.5) by: |
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| Schools also contribute through the curriculum by developing children’s understanding, awareness and resilience. Ofsted inspect against the extent to which schools and colleges fulfil their safeguarding responsibilities. In Schools and FE colleges, how effectively the safeguarding of learners is promoted, is a limiting grade on overall effectiveness. | |
| 2.156 | Creating a safe learning environment means having effective arrangements in place to address a range of issues. These include child protection arrangements, pupil health and safety, and bullying (including cyberbullying). Others include arrangements for meeting the health needs of children with medical conditions, providing first aid, school security, tackling drugs and substance misuse, having arrangements in place to safeguard and promote the welfare of children on extended vocational placements and ensuring support and planning for young people in custody and their resettlement back into the community. |
| 2.157 | Education staff have a crucial role to play in helping identify welfare concerns, and indicators of possible abuse or neglect, at an early stage. They should refer those concerns to the appropriate organisation, normally local authority children’s social care, contributing to the assessment of a child’s needs and, where appropriate, to ongoing action to meet those needs. When a child has special educational needs or is disabled, the school will have important information about the child’s level of understanding and the most effective means of communicating with the child. The school will also be well placed to give a view on the impact of treatment or intervention on the child’s care or behaviour. As the numbers of 14-16s in FE colleges for at least part of the week has increased, staff in this sector will need to be part of the arrangements for providing support for their role on safeguarding. |
| 2.158 | In addition to the features common to organisations working with children listed in paragraph 2.11, schools and FE institutions should have a senior member of staff who is designated to take lead responsibility for dealing with child protection issues, providing advice and support to other staff, liaising with the authority, and working with other organisations as necessary. A school or FE institution should remedy without delay any deficiencies or weaknesses in its arrangements for safeguarding and promoting welfare that are brought to its attention. |
| 2.159 | Staff in schools and FE institutions should not themselves investigate possible abuse or neglect. They have a key role to play by referring concerns about those issues to local authority children’s social care, providing information for police investigations and/or enquiries under section 47 of the Children Act 1989, and by contributing to assessments. |
| 2.160 | Where a child of school age, including those attending FE institutions, is the subject of an inter-agency child protection plan, the school or FE institution should be involved in the preparation of the plan. The school’s role and responsibilities in contributing to actions to safeguard the child, and promote his or her welfare, should be clearly identified. |
| 2.161 | Special schools, including non-maintained special schools and independent schools, that provide medical and/or nursing care should ensure that their medical and nursing staff have appropriate training and access to advice on child protection and on safeguarding and promoting the welfare of children. |
| 2.162 | Schools play an important role in making children and young people aware both of behaviour towards them that is not acceptable, and of how they can help keep themselves safe. The non-statutory framework for personal, social and health education (PSHE) provides opportunities for children and young people to learn about keeping safe. For example, pupils should be given information about: |
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| 2.163 | PSHE curriculum materials provide resources that enable schools to tackle issues regarding healthy relationships, including domestic violence, bullying and abuse. Discussions about personal safety and keeping safe can reinforce the message that any kind of violence is unacceptable, let children and young people know that it is acceptable to talk about their own problems, and signpost sources of help. |
| 2.164 | Corporal punishment is outlawed for all pupils in all schools, including independent schools, and FE institutions. The law forbids a teacher or other member of staff from using any degree of physical contact that is deliberately intended to punish a pupil, or that is primarily intended to cause pain or injury or humiliation. |
| 2.165 | Teachers at a school are allowed to use reasonable force to control or restrain pupils under certain circumstances. Other staff may also do so, in the same way as teachers, provided they have been authorised by the head teacher to have control or charge of pupils. All schools should have a policy about the use of force to control or restrain pupils. See The Use of Force to Control or Restrain Pupils for further guidance. |
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| 2.166 | Early years services – children’s centres, nurseries, childminders, preschools, playgroups, and holiday and out-of-school schemes – all play an important part in the lives of large numbers of children. Many childcare providers have considerable experience of working with families where a child needs to be safeguarded from harm, and many local authorities provide, commission or sponsor specific services, including childminders, to work with children in need and their families. |
| 2.167 | All early years providers, regardless of type, size or funding of the setting, must: |
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| 2.168 | These general welfare requirements are set out in detail in the Statutory Framework for the Early Years Foundation Stage (EYFS). |
| 2.169 | Millions of families use early years services on an annual basis, meaning that early years services are a key route through which welfare concerns can be identified early in a child’s life. The EYFS makes clear that all registered providers, excepting childminders, must have a practitioner who is designated to take lead responsibility for safeguarding children within each early years setting and who should liaise with local statutory children’s services agencies as appropriate. This lead must also attend a child protection course. In addition, all early years settings must implement an effective safeguarding children policy and procedure. |
| 2.170 | It is expected that every person working in the early years sector should have an up-to-date knowledge of safeguarding children issues and be able to implement their setting’s safeguarding children policy and procedures appropriately. These policies should be in line with LSCB guidance and procedures. |
| 2.171 | The EYFS also makes clear that registered early years providers should follow the guidance What to do if you’re worried a child is being abused. Such providers must notify local child protection agencies of any suspected child abuse or neglect in line with LSCB local guidance and procedures. |
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| 2.172 | Cafcass’s functions are to: |
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| 2.173 | Cafcass Officers have different roles in private and public law proceedings. These roles are denoted by different titles: |
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| Cafcass Officers can also be appointed to provide support under a Family Assistance Order under the Children Act 1989 (local authority officers can also be appointed for this purpose). | |
| 2.174 | The Cafcass Officer has a statutory right in public law cases to access and take copies of 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 (for example, the NSPCC) that relate to that child. |
| 2.175 | Where a Cafcass Officer has been appointed by the court as Children’s Guardian and the matter before the court relates to specified proceedings (specified proceedings include public law proceedings; applications for contact; residence, specific issue and prohibited steps orders that have become particularly difficult can also be 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. The conference chair should ensure that all those attending such meetings, including the child and any family members, understand the role of the Cafcass Officer. |
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| 2.176 | Young people under 18 may be in the armed forces as recruits or trainees, or may be dependants of a service family. The life of a service family differs in many respects from that of a family in civilian life, particularly for those stationed overseas, or on bases and garrisons in the UK. The services support the movement of the family in response to service commitments. The frequency and location of such moves make it essential that the service authorities are aware of any concerns regarding safeguarding and promoting the welfare of a child from a military family. The armed forces are fully committed to co-operating with statutory and other agencies in supporting families in this situation, and have procedures to help safeguard and promote the welfare of children. In areas of high concentration of service families, the armed forces seek particularly to work alongside local authority children’s social care, including through representation on LSCBs and at child protection conferences and reviews. |
| 2.177 | Looking after under-18s in the armed forces comes under the MoD’s comprehensive welfare arrangements, which apply to all members of the armed forces. Commanding Officers are well aware of the particular welfare needs of younger recruits and trainees and, as stated above, are fully committed to co-operating with statutory and other agencies in safeguarding and promoting the welfare of under- 18s. Local authority children’s social care already has a responsibility to monitor the wellbeing of care leavers, and those joining the armed forces should have unrestricted access to local authority social care workers. |
| 2.178 | Local authorities have the statutory responsibility for safeguarding and promoting the welfare of the children of service families in the UK. All three services provide professional welfare support, including ‘special to type’ social work services to augment those provided by local authorities. In the Royal Navy (RN) this is provided by the Naval Personal and Family Service (NPFS) and the Royal Marines Welfare Service; within the army this is provided by the Army Welfare Service (AWS); and in the Royal Air Force by the Soldiers Sailors Airmen and Families Association-Forces Help (SSAFA-FH). Further details of these services and contact numbers are given in Appendix 4. |
| 2.179 | 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 with the MoD, who fund the British Forces Social Work Service (Overseas). This service is contracted to SSAFA-FH, who provide a fully qualified Social Work and Community Health service in major overseas locations (for example, in Germany and Cyprus). Instructions for the protection of children overseas, which reflect the principles of the Children Act 2004 and the philosophy of inter-agency cooperation, are issued by the MoD as a Joint Service Publication (JSP) 834 Safeguarding Children. Larger overseas commands issue local child protection procedures, hold a Command list of children who are the subject of a child protection plan and have a Command Safeguarding Children Board, which operates in a similar way to those set up under this guidance, in upholding standards and making sure that best practice is reflected in procedures and observed in practice. |
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| 2.180 | Local authorities should ensure that SSAFA-FH, the British Forces Social Work Service (Overseas), or the NPFS for RN families is made aware of any service child who is the subject of a child protection plan and whose family is about to move overseas. In the interests of the child, SSAFA-FH, the British Forces Social Work Service (Overseas) or NPFS can confirm that appropriate resources exist in the proposed location to meet identified needs. Full documentation should be provided and 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, at the addresses given in Appendix 4. Comprehensive reciprocal arrangements exist for the referral of child protection cases to appropriate UK authorities, relating to the temporary or permanent relocation of such children to the UK from overseas. |
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| 2.181 | Each local authority with a United States (US) base in its area should establish liaison arrangements with the base commander and relevant staff. The requirements of English child welfare legislation should be explained clearly to the US authorities, so that local authorities can fulfil their statutory duties. |
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| 2.182 | Where a local authority believes that a child who is the 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 that might help with enquiries. Such enquiries should be addressed to NPFS, AWS or the Director of Social Work, SSAFA-FH, at the address given in Appendix 4. |
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| 2.183 | Voluntary organisations, both local and national, and private sector providers play an important role in delivering services for children and young people, including in early years provision, family support services, youth work and children’s social care and healthcare. Many voluntary organisations are skilled in preventative work and may be well placed to reach the most vulnerable children, young people and families. The vast majority work in partnership and will play an important part in protecting and supporting a child and their family. |
| 2.184 | Voluntary organisations offer, for example: |
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| 2.185 | Voluntary organisations play a key role in providing information and resources to the wider public about the needs of children and young people, and resources to help families. Many campaign on specific issues on behalf of groups. |
| 2.186 | The NSPCC is the only voluntary organisation authorised to initiate proceedings to protect children under the terms of the Children Act 1989 and offers a number of services to children, adults and practitioners. It operates a helpline service advising adults and professionals on safeguarding matters and where necessary liaises with local statutory agencies to refer children at risk of abuse. The NSPCC also operates ChildLine which provides a telephone helpline across the UK for all children and young people who need advice about abuse, bullying, and other concerns. These services, along with other helplines such as Stop it Now! (which specialises in child sexual abuse prevention) and Parentline Plus (which offers support to anyone parenting a child), provide information, advice and support as well as important routes into statutory and voluntary services. |
| 2.187 | The voluntary sector is active in working to safeguard the children and young people with whom it works. A range of umbrella and specialist organisations, including the national governing bodies for sports, offer standards, guidance, training and advice for voluntary organisations on keeping children and young people safe from harm. In conjunction with other bodies, the NSPCC provides child protection advice; for example the Child Protection in Sport Unit, established in partnership with Sport England, provides advice and assistance on developing codes of practice and child protection procedures to sporting organisations. The Safe Network, jointly managed by the NSPCC and Children England, provides advice for the third sector and is working to create safeguarding standards for voluntary/ non-profit sector organisations. |
| 2.188 | Organisations in the voluntary and private sectors that work with children need to have the arrangements described in paragraph 2.11 in place in the same way as organisations in the public sector, and need to work effectively with LSCBs. Paid and volunteer staff need to be aware of their responsibilities for safeguarding and promoting the welfare of children, and of how they should respond to child protection concerns in line with this guidance (see What to do if you’re worried a child is being abused). There should be clear and published local guidance for the voluntary sector on access pathways to services and how thresholds are applied when making a referral to social care. |
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| 2.189 | Churches, other places of worship and faith-based organisations provide a wide range of activities for children and young people. They are some of the largest providers of children and youth work, and have an important role in safeguarding children and supporting families. Religious leaders, staff and volunteers who provide services in places of worship and in faith-based organisations will have various degrees of contact with children. |
| 2.190 | Like other organisations that work with children, churches, other places of worship and faith-based organisations need to have appropriate arrangements in place for safeguarding and promoting the welfare of children, as described in paragraph 2.11. In particular, these arrangements should include: |
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| 2.191 | Where the police or local authority children’s social care services wish to contact specific faith communities they should make contact with the relevant organisation listed at appendix 6, who will assist in speaking to the appropriate person. |
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| 2.192 | As appropriate, churches, other places of worship and faith organisations should report all allegations against people who work with children to the Local Authority Designated Officer (LADO), and notify the Independent Safeguarding Authority (ISA) of any relevant information so that those who pose a risk to vulnerable groups can be identified and barred. In addition where they are a charity all serious incidents need reporting to the Charity Commission. |
| 2.193 | It is essential that faith communities have in place effective arrangements for working with sexual and violent offenders who wish to worship and be part of their religious community. This should include a contract of behaviour stipulating the boundaries an offender would be expected to keep. Faith communities should consult the MAPPA Guidance (2009) issued by the National Offender Management Service Public Protection Unit which specifically addresses ‘Offenders and Worship’. Other resources are briefly outlined in Appendix 6. |
