4. Roles and Responsibilities of Agencies |
Contents
1.0
Introduction
| 1.1 | The welfare of children is a corporate responsibility of the entire local authority working in partnership with all other agencies. An awareness and appreciation of the role of others is essential for effective collaboration and joint working should extend across all planning, management, provision and delivery of services for children. |
| 1.2 | Everybody who may encounter concerns about the well-being or safety of a child or children must know:
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| 1.3 | In addition to the duty to make referrals, there are other ways in which all those who work with children and families can contribute to the safeguarding of children and the child protection process. The following is a list of what everyone must do:
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| 1.4 | Statutory agencies, the voluntary sector and individual professionals have a responsibility for the protection of children and there is a duty placed on all those to report concerns. This is not a matter for individual choice. Suspected abuse must be reported to the Children & Young People's Service or the Police. These are the only agencies (other than the NSPCC) with the statutory powers to investigate suspected abuse. |
| 1.5 | Statutory agencies, the voluntary sector and individual professionals also have a responsibility to the health and safety of those to whom they report concerns or make referrals. They must include any information that suggests there may be a risk to the health or safety of the professionals undertaking any investigation. |
| 1.6 | Where it appears that a child may have suffered or be at risk of Significant Harm, agencies must not undertake their own internal enquiries but must refer on as described below. |
| 1.7 | Although individual agencies should comply with their own internal reporting procedures concerning allegations against staff, it is vital that consideration of whether a concern that involves a particular member of their own staff is a disciplinary issue or a child protection matter should take place in consultation with the Children & Young People's Service and/or the Police. |
2.0
The Children & Young People's Service
| 2.1 | The Children & Young People's Service has the following responsibilities:
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| 2.2 | The primary duty of all staff, whatever their nominated role, is to protect children from significant harm. This should be done in partnership with parents, taking account of the child's wishes and feelings where practicable and in a way which is sensitive of the child's race, religion, culture and language. The Children & Young People's Service cannot do this alone, and other agencies have a duty to co-operate in this task. |
| 2.3 | Child protection is also a children in need service. A child who is at risk of Significant Harm will always be a Child in Need. The Children & Young People's Service's responsibilities towards Children in Need should be seen in the context of the broad range of social care and support they provide so that children and families can be helped and supported in an integrated way, which recognises the range and diversity of their needs and strengths. |
| 2.4 | The Children & Young People's Service acts as the principal point of contact for children about whom there are child welfare concerns. They may be contacted directly by parents or family members seeking help, concerned friends and neighbours or by professionals and others from statutory and voluntary agencies. The Emergency Duty Team will investigate all genuine emergencies which fall within the statutory responsibilities of the Children & Young People's Service and which cannot be safely left until the following working day. |
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| 2.5 | Each service working with children and young people has a statutory duty to cooperate to improve the well-being of children and young people. To deliver this duty, each organisation commits to:
The Lead Professional is responsible for the management, monitoring and quality assurance of the Common Assessment Framework process within their Integrated Services areas. Where a common assessment has been completed across two or more Integrated Service areas, the ISM covering the child's address where they are ordinarily resident will take the lead. In addition the ISM is responsible for facilitating even better coordination of services in their respective area and agencies can, through the ISM, seek to improve services for particularly the most vulnerable children. |
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| 2.6 | National eCAF (NeCAF), is the electronic enablement of the Common Assessment Framework, Wolverhampton Children & Strategic Partnership have committed to adopting this system. |
| 2.7 | NeCAF is being implemented in phases, it will take approximately 2 years from Dec 2010 to complete the implementation programme. |
| 2.8 | Once practitioners are trained to use the system, they will be given access to the NeCAF system. |
| 2.9 | When a case escalates from a CAF and a Child in Need (CIN) referral has been accepted, a hard copy of the CAF should be attached to the CIN referral to ensure that all relevant information has been communicated with the Duty & Assessment Team. |
| 2.10 | Social workers will not receive NeCAF training unless they are Team Around the Child members when the CAF process is used, and hence they will not have access to NeCAF. |
3.0 Schools and Multi-Agency Support Teams (MASTs)
| 3.1 | All those working in education services have an essential role in the identification of Children in Need, including those children in need of protection. All schools and colleges must create and maintain a safe environment for children and young people, and must have policies and procedures to manage situations where there are child welfare concerns. |
| 3.2 | Because of the universal nature of school provision staff are often the first to be aware that families are experiencing difficulties in looking after their children and the first to identify child welfare concerns. |
| 3.3 | All staff, including those in Academies, independent schools, sixth form, and further education colleges must be clear about their responsibilities to protect and safeguard children under the Education Act 2002 s.157/175. Staff with day to day contact with pupils have a crucial role to play in noticing indicators of possible abuse or Neglect and in referring concerns to the Children & Young People's Service. If there is any doubt about an injury or concern, the Children & Young People's Service should be informed immediately. Each school and college must have a designated member of staff who has responsibility for liaising with the Children & Young People's Service and other relevant agencies about child protection concerns and for co-ordinating action within the institution. |
| 3.4 | Staff from schools and related services do not have a direct investigative responsibility in child protection work, but do have a duty to help the Children & Young People's Service by providing information where there are concerns or enquiries about a child's welfare. Staff should make it clear to children and young people who approach them asking for complete confidentially that they are bound to pass on what they are told to the Headteacher and designated teacher for child protection if they believe the child has suffered or is at risk of suffering Significant Harm. |
| 3.5 | Where a child of school age is the subject of these procedures staff from both schools and related services participate at each stage including the Child Protection Conference and the preparation and implementation of the Child Protection Plan. When a child has special educational needs, or is disabled, the school or college will have important information about the child's level of understanding, the most effective means of communication and the impact any intervention may have on the child's care or behaviour. |
| 3.6 | Schools also have a key role to play in making children and young people aware of behaviours towards them that are not acceptable and how to keep themselves safe. |
4.0
Youth and Community Services
| 4.1 | Youth and Community Workers have close contacts with children and young people, and should be alert to signs of abuse and Neglect and know how to act upon concerns about a child's welfare. |
| 4.2 | Local authority youth services should provide written instructions, consistent with the safeguarding procedures, on the circumstances in which workers should consult line managers and the Children & Young People's Service when they have concerns about a child or young person. The instructions should emphasise the importance of safeguarding and promoting the welfare of the young people while acknowledging the importance of maintaining confidentiality between the young person and the worker, insofar as this is consistent with the young person's welfare. |
5.0
Connexions
| 5.1 | Connexions is a young person centred service provided under Section 114 of the Learning and Skills Act 2000 and as such has a significant role in safeguarding and promoting the welfare of young people. |
| 5.2 | Each young persons needs are assessed and advice and support provided as needed. In making this assessment, Connexions staff should be alert to indicators of abuse and Neglect and should be aware of the procedures to refer young people at risk to the Children & Young People's Service. |
6.0
Adult Services
| 6.1 | Adult Social Services assess the needs of:
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| 6.2 | Users of Adult Social Services may be parents or carers of children. Those who work with adults must consider the implications of service users' behaviour for the safety and well being of any dependent children and/or children with whom those adults are in contact and be aware of their responsibility to report any concerns about a child's welfare. In particular, concerns may arise about parents, carers or pregnant women who are in receipt of mental health services, substance misuse services and learning disability services. In all cases, the needs and safety of the child must take precedence over the needs of the adult and any concerns must be referred to the Children & Young People's Service for assessment. |
| 6.3 | Once action is taken under safeguarding procedures (and regardless of whether the work is undertaken jointly or separately) the Children & Young People's Service becomes responsible for its co-ordination. |
7.0
Culture and Leisure Services
| 7.1 | Culture and leisure staff, volunteers and others contracted by local authorities to provide sport, cultural and leisure services should adopt working practices that minimise situations where abuse of children may occur, for example staff having unobserved contact with children. |
| 7.2 | Staff should also understand the importance of reporting any concerns they have that a child may be in need of protection and should be aware of the procedures to be followed if such concerns arise. Specific procedures for culture and leisure staff are set out in Wolverhampton's Guidance for Sport and Recreation Staff on Safeguarding Children from Harm and Abuse. |
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| 7.3 | Children are intensive users of the leisure services, including parks, swimming pools, leisure centres and theatres. Leisure services also organise courses for young children, e.g. cycling proficiency. |
| 7.4 | In addition to their shared responsibility to provide staff with child protection training, leisure services must ensure that managers take responsibility for briefing casual and temporary members of staff of the need to be aware of child protection issues. |
| 7.5 | All instances of unobserved contact with children should be minimised. |
| 7.6 | Leisure services must ensure that any organisations contracting to use leisure premises have adequate safeguarding procedures. |
| 7.7 | Each service is encouraged to identify a member of staff who can take a lead role for child protection. |
| 7.8 | Sport, Culture and Leisure Services 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 grant aided by Local Authorities, the commercial sector, and by community and voluntary organisations. Many such activities take place in premises managed by authorities or their agents. |
| 7.9 | Staff, volunteers and contractors who provide these services will have various degrees of contact with children who use them, and appropriate arrangements will need to be in place. These should include:
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8.0 Health Services
General Principles of all Health Services |
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| 8.1 | The safety and the health of a child are intertwined aspects of their wellbeing. Many 'health' interventions also equip a child to 'stay safe'. |
| 8.2 | 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. |
| 8.3 | All healthcare staff should receive training at the appropriate level in safeguarding and promoting the welfare of children to equip them to fulfil their roles and responsibilities |
| 8.4 | 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. |
| 8.5 | 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. |
| 8.6 | All health professionals who work with children, young people and families should be able to:
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| 8.7 | 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. |
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| 8.8 | As commissioners, all PCTs should have a designated doctor and nurse to take a strategic, professional lead on all aspects of the health service contributions to safeguarding children across the PCT area, which includes all providers. Designated Professionals are a vital source of professional advice on safeguarding children matters to the PCT, health professionals, local authority children's services departments and the LSCB. Named Professionals |
| 8.9 | 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. 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. |
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| 8.10 | Whilst all hospital staff should be alert to the possibility of abuse or Neglect, those working in Paediatric and Accident and Emergency Departments are in a key position to identify child welfare concerns. |
| 8.11 | Staff working in the Accident and Emergency Directorate may be the first point of contact in cases of suspected or actual child abuse and staff should be familiar with procedures for making enquiries to find out whether a child is subject to a Child Protection Plan. |
| 8.12 | Staff working in Accident and Emergency should be alert to carers who seek medical care from a number of sources or present repeatedly and should also be alert to the need to safeguard children when treating parents or carers of children. All visits by children to Accident and Emergency for treatment should be notified to the child's primary health care team and to the health visitor/school nurse, dependant on the age of the child. Families and children should be notified this will be done, unless this is not in the interests of the child. |
| 8.13 | When a child is admitted to hospital and deliberate harm suspected, the doctor or nurse admitting the child must inquire about previous admissions to hospital. In the event of a positive response, information concerning the previous admissions must be obtained from the other hospitals. The consultant in charge of the case must review this information when making decisions about the child's future care and management. (Victoria Climbie Recommendation 73) |
| 8.14 | When a child attends Accident and Emergency a history will be taken which includes where, when and how the injury occurred. The details of the injury and the explanation must be recorded clearly and accurately. When the severity of the injury and the explanation seem to be contradictory it is essential that this is discussed with a designated doctor. If following consultation a decision is made not to refer to Children's Services the reason(s) for this must be clearly recorded. If a referral is to be made this must be done on the same working day and confirmed in writing within 48 hours. |
| 8.15 | If Sexual Abuse is suspected or disclosed, medical examination should not take place in Accident and Emergency. A referral should be made to the Children & Young People's Service who will make arrangements for a joint medical if necessary. |
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| 8.17 | No child about whom there are child protection concerns is to be discharged from hospital without the permission of either the consultant in charge of the child's care or of a paediatrician above the grade of senior house officer. (Victoria Climbie Recommendation 70) |
| 8.18 | No child known to the Children & Young People's Service who is an inpatient in a hospital and about whom there are child protection concerns should be allowed to be taken home until it has been established by the Children & Young People's Service that the home environment is safe, the concerns of the medical staff have been fully addressed, and there is a social work plan in place for the ongoing promotion and safeguarding of that child's welfare. (Victoria Climbie Recommendation 71) |
| 8.19 | Escalation Policy is as follows:- Upon disagreement the health professional is advised to discuss this matter in the first instance with the Team Manager for the relevant team. If this matter is not resolved the Health professional will contact the service manager responsible for supervising the team. If this matter remains unresolved then queries can be forwarded to Chief Officer John Welsby or a formal complaint made to Jo Britton at the Safeguarding Department, Jennie Lee Centre, Tel. 01902 550477. The Consultant Paediatrician responsible for the child's care whilst hospitalised is to be involved in decision-making regarding the plans for discharge as part of Strategy Discussions and outcomes from Strategy Meetings. This practice is to occur with regard to all circumstances for children who are hospitalised and for whom concerns have been raised. In the absence of the Consultant Paediatrician responsible for the child's care whilst in hospital, the On call Consultant Paediatrician for child protection must be involved. |
| 8.20 | No child about whom there are concerns about deliberate harm should be discharged from hospital back into the community without an identified GP. Responsibility for ensuring this happens rests with the hospital consultant under whose care the child has been admitted. (Victoria Climbie Recommendation 72) |
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| 8.21 | Community paediatricians, general practitioners, police surgeons, midwives, health visitors, school nurses and child development centre staff are well placed to identify child welfare concerns including abuse and Neglect. It is essential that whenever community health staff become suspicious that a child has been the subject of any form of abuse they should share the information with the designated doctor/nurse and with the Children & Young People's Service. Normally a referral should be made only with the knowledge and informed consent of at least one person holding Parental Responsibility and the young person (if appropriate). However, in some child protection cases (See Section Two Procedures for the Management of Individual Cases Where There Are Concerns About a Child's Safety and Welfare, Making a Referral, paragraph 1.6) seeking parental consent to a referral may increase the risk of Significant Harm to the child or others and/or prejudice any police investigation. Professional judgement should be exercised in these cases about whether a referral should be made without informing the parent/carer. Any decision not to seek parental agreement should be recorded on the agency file with the reasons for such a decision. |
| 8.22 | If child abuse is identified or suspected make careful notes, recording details of any injuries present, with appropriate diagrams, the explanation given and the general condition of the child. Note the basic details of the child, including child's G.P. and child's school, if the child is of school age. |
| 8.23 | Referral to the Children & Young People's Service should be made by telephone and followed by a written referral within 48 hours. |
| 8.24 | All GPs must devise and maintain procedures to ensure that they, and all members of their practice staff, are aware of whom to contact in the local health agencies, the Children & Young People's Service and the police in the event of child protection concerns in relation to any of their patients. (Victoria Climbie Recommendation 89) |
| 8.25 | 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. |
| 8.26 | 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. |
| 8.27 | 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 local procedures. |
| 8.28 | 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. |
| 8.29 | 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. |
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| 8.30 | 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. |
| 8.31 | It is estimated that a third of domestic violence starts or escalates during pregnancy. 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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| 8.32 | Child and adolescent mental health professionals will inevitably identify or suspect child welfare concerns as a result of their involvement with children exhibiting behavioural or emotional disturbance and/or significant learning or sensory difficulties and should refer any concerns identified to the Children & Young People's Service. They also provide a range of psychiatric and psychological assessment and treatment services for children and families in both uni-disciplinary and multi-disciplinary settings. |
| 8.33 | 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. |
| 8.34 | Adult mental health services including forensic, psychotherapy, alcohol and substance misuse and learning disability services may identify child welfare concerns as users of adult mental health services may be parents, parent-to-be , non-related abusers or carers of children. Those who work with adults must consider the implications of service users' behaviour for the safety and well being of any dependent children and/or children with whom those adults are in contact and be aware of their responsibility to report any concerns about a child's welfare. In all cases, the needs and safety of the child must take precedence over the needs of the adult and any concerns must be referred to the Children & Young People's Service for assessment. |
| 8.35 | 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. |
| 8.36 | 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. |
| 8.37 | Since 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 decision about accommodation, care and facilities for education in hospital. |
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| 8.38 | 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. |
| 8.39 | Referral to the Children & Young People's Service should be made by telephone and followed by a written referral within 48 hours. |
| 8.40 | Once action is taken under child protection procedures (and regardless of whether the work is undertaken jointly or separately) the Children & Young People's Service becomes responsible for its co-ordination. |
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| 8.41 | All other health professionals and members of professions allied to medicine including dental practitioners, psychologists, speech and language therapists, physiotherapists, occupational therapists, podiatrists, pharmacists and opticians and staff who provide help and support to promote children's health and development should have knowledge of WSCB procedures. |
| 8.42 | During the course of their day to day work, any of these professionals may encounter a child who is in need or has been abused or about whom the professional has concerns. Advice can be sought from the PCT's designated doctor or nurse, the named doctor or nurse for the Hospital Trust or from the Children & Young People's Service. However, there should be no delay in referring the matter for further attention. Discussions with colleagues must never delay the referral process. |
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| 8.43 | The staff working in these health services will have access (by phone or 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. All staff should be aware of local procedures in line with WSCB policies and be appropriately trained. |
9.0
Early Years Services
| 9.1 | Early Years services include family centres, early years centres, nurseries, childminders, playgroups, holiday and out-of-school schemes and home based support service. Everyone working in early years services should know how to recognise and respond to the possible abuse or Neglect of a child. |
| 9.2 | Be able to take the necessary steps to safeguard and promote the welfare of children. |
| 9.3 | Ensure that adults looking after children, or having unsupervised access to them, are suitable to do so. |
| 9.4 | The Early Years Foundation Stage* 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. (*The Early Years Foundation Stage is a statutory framework that aims to help young children achieve the five Every Child Matters outcomes of staying safe, being healthy, enjoying and achieving, making a positive contribution, and achieving economic well-being.) |
| 9.5 | Services caring for children under the age of 8 must be registered with Ofsted and should have a written statement, based on 'What To Do If You're Worried A Child Is Being Abused' setting out:
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| 9.6 | Registered day care services are inspected by Ofsted against national standards one of which is: "The registered person complies with local child protection procedures approved by the Local Safeguarding Children Board (LSCB) and ensures that all adults working and looking after children in the provision are able to put the procedures into practice." Where a day care service suspects that a child is being abused staff should make a referral to the Duty and Assessment Team by telephone, followed by a written referral within 48 hours. |
| 9.7 | Day care services can help to prevent problems from developing into abuse and neglect through supporting families and by staff recognising and acting upon potential indicators of abuse and Neglect. They will have a contribution to make in one or more of the following ways:
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10.0
Carers Looking after Children Away from Home
| 10.1 | Carers looking after children away from home may be:
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| 10.2 | Children living away from home are particularly vulnerable to abuse and Neglect. Staff and carers should be alert to the risks to children posed by people prepared to exploit the additional vulnerability of children living away from home. |
| 10.3 | All those who care for children living away from home should:
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| 10.4 | We have a duty to safeguard and promote the welfare of privately fostered children. |
| 10.5 | However, it is the responsibility of their parents to make sure their carer is suitable. |
| 10.6 | Private foster care is defined as when a child under 16 years of age, or 18 if disabled, is cared for by an adult who is not a relative for more than 28 days. |
| 10.7 | These situations can occur as a result of the following:
The law requires you tell us at least six weeks before a private fostering arrangement begins unless it is an emergency when we should be notified within 48 hours. |
| 10.8 | We will make regular visits to ensure your child is well-cared for so you should also let us know if you change carers. |
| 10.9 | However, you will continue to hold Parental Responsibility for your child and should continue to be involved in decisions concerning their development. |
11.0
Housing Authorities and Registered Social Landlords
| 11.1 | All housing staff play an important part in the identification of child welfare concerns, making referral to the Children & Young People's Service and the provision of information during assessments and enquiries. |
| 11.2 | Housing authorities and registered social landlords can also make an important contribution to Child Protection Plans by the provision of appropriate accommodation. This is particularly important in cases of homelessness and domestic violence. |
| 11.3 | Appropriate housing can also contribute to the effective management of the risk posed by dangerous offenders. |
12.0
Police Services
| 12.1 | Protecting life and preventing crime are primary tasks of the police. The police have a duty and responsibility to investigate criminal offences committed against children and as such investigations should be carried out sensitively, thoroughly and professionally. The police participate in child protection enquiries and conferences. They also contribute to case reviews. They coordinate the exchange of information about sex offenders and, with the Probation and Prison Services, lead the Multi Agency Public Protection Arrangements (MAPPA) and the Multi-Agency Risk Assessment Committee (MARAC) with regard to Domestic Abuse. |
| 12.2 | Safeguarding children is a fundamental part of the duties of all police officers - for example they provide an emergency response in crisis situations involving children and attend domestic violence incidents where the effects of the violence on children normally resident in the household has to be taken into account. However, the investigation of allegations of child abuse within the family or committed by a carer are undertaken by the Wolverhampton Child Abuse Investigation Units. Where the suspect is not a family member or carer then the matter will be investigated by local officers. |
| 12.3 | The Police should be notified as soon as possible where it is suspected that a criminal offence has been committed against a child. This does not mean that in all cases a criminal investigation will be required, or that there will necessarily be any further police involvement. |
| 12.4 | The police focus will be to determine whether an offence has been committed, to identify the person responsible, to secure the best evidence and to consider whether criminal proceedings will be initiated. The decision to initiate proceedings will be based on three main factors:
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| 12.5 | Although the police may commence proceedings, it is the responsibility of the Crown Prosecution Service to review the evidence and, where appropriate, conduct all criminal prosecutions. |
| 12.6 | The evidential standard for proceedings in the criminal court is proof beyond reasonable doubt that the defendant committed the offence. The standard for proceedings in the civil court is that on the balance of probabilities the child is suffering or likely to suffer Significant Harm. It is therefore possible to decide there are insufficient grounds for a criminal prosecution but sufficient grounds for care proceedings. |
| 12.7 | The police have the power to enter premises in an emergency to ensure the immediate protection of a child and to take a child into Police Protection for up to 72 hours. |
13.0 Youth Justice Services
| 13.1 | Youth Offending Teams (YOTs) were established by the Crime and Disorder Act 1998 to introduce an inter-agency approach to responding to children and young people involved in offending behaviour. Chief Executives of local authorities Children & Young People's Services responsibilities take the lead in operating YOTs. |
| 13.2 | Some children and young people within the remit of the YOT will also be Children in Need about whom there are child welfare concerns either because they have been or may be abused or because some will be abusers themselves. |
14.0
Probation Services
| 14.1 | The Probation Service has a statutory duty to supervise offenders effectively in order to reduce offending and protect the public. They will be in contact with or supervise a range of offenders who have convictions against children, from assault, Sexual Abuse, cruelty and Neglect to the most dangerous paedophiles on licence after release from prison sentences. The Probation Service also works with offenders who live or have contact with children who may be at risk. |
| 14.2 | The Probation Service works closely with the police, the Children & Young People's Service and other relevant organisations to assess the risk posed to children by known and suspected offenders. In any case where an offender is considered to pose a risk to children, and the Wolverhampton Multi-Agency Public Protection Arrangements criteria are met, a referral can be made to a multi-agency panel. |
| 14.3 | The Probation Service has an objective to help secure the best interests of children. In order to do this, staff must be aware of the needs of children in all aspects of their work. When undertaking new supervisory work or where there has been a change in a client's circumstances the probation officer should -
Any concerns which arise in relation to children should be referred to the Children & Young People's Service and information shared about the nature of the Probation Service involvement. |
15.0
Prison Services
| 15.1 | The prison service works closely with other agencies to identify any prisoner who may represent a risk to the public on release. Governors are required to notify the Children & Young People's Service and Probation Services of plans to release prisoners convicted of offences against children so that appropriate action can be taken to minimise any risk. These offences are listed in Schedule One of the Children and Young Persons Act 1933. |
| 15.2 | The prison service is committed to helping prisoners maintain contact with their families but is aware of the need to protect the well being of children visiting prisons and to minimise the risk of harm to children from prisoners who have been identified as presenting a risk during any form of contact, including telephone and correspondence. |
| 15.3 | In the case of Ashworth, Broadmoor and Rampton Hospitals, an assessment will be requested from the Children & Young People's Service to decide whether any child can visit a named patient in these hospitals. Decisions to allow visits will be regularly reviewed. |
| 15.4 | The prison service provides mother and baby units for prisoners to care for their babies until they reach the age of 18 months. Each baby must have a Child Care Plan setting out how the best interests of the child will be maintained and promoted during the child's stay on the unit. Staff working on the unit should have received training in child protection. |
| 15.5 | The service also has a duty to protect the welfare of children in its custody and act on any allegations or concerns that a young person may have suffered or be at risk of suffering Significant Harm. Young Offender Institutions should have a child protection co-ordinator; a child protection committee; establishment specific safeguarding policies; suicide, self harm prevention and anti bullying strategies; and rigorous complaints systems. |
16.0
Court and Legal Services
| 16.1 | Family Proceedings (Magistrates) and County Courts hear applications for orders in respect of children in both public and private proceedings. In domestic and matrimonial proceedings they can, if the department is satisfactory involved with the child, request welfare reports and direct the Children & Young People's Service to enquire whether a child is suffering or likely to suffer Significant Harm and whether a Care Order or Supervision Order may be required. |
| 16.2 | 24 hour legal advice is available to all Children & Young People's Service staff in the exercise of their duties, including to Safeguarding Review Managers. Parents and children involved in care proceedings will be given advice about arranging their own legal advice or representation. |
17.0
Children and Family Court Advisory and Support Service
| 17.1 | The Children and Family Court Advisory and Support Service (CAFCASS) was established to combine the functions previously carried out by the Family Court Welfare Service, the Children's Branch of the Official Solicitor's Department and the Guardian ad Litem and Reporting Officer Service provided by local authorities. Social workers employed by CAFCASS are appointed as Family Court Advisors (FCAs). |
| 17.2 | The Courts appoint FCAs to provide independent social work advice and to safeguard the interests of children who are the subject of proceedings, including adoption, care and matrimonial proceedings. In care proceedings, the FCA is appointed as the child's guardian and appoints a solicitor to represent the child. The child's guardian has a statutory right of access to local authority records and should be invited to all formal planning meetings in respect of children until the proceedings are concluded. |
18.0
Voluntary and Private Sector Organisation
| 18.1 | 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. |
| 18.2 | Voluntary organisations offer, for example:
|
| 18.3 | 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. |
| 18.4 | Support for Voluntary Sector groups is available from a range of National Infrastructure organisations, e.g. National Governing Body for Sports, NCPCC, the Safe Network and locally YOW and Specialist Services at WVSC. |
| 18.5 | There is a responsibility for local infrastructure organisations to disseminate information (on Safer Recruitment and Working Practices, access pathways. Thresholds to social care to voluntary sector groups. |
19.0
Volunteers
| 19.1 | Any organisation using volunteers must ensure that those volunteers have relevant child protection guidance and training, including access to advice. They must also ensure that volunteers are subject to appropriate recruitment checks. |
| 19.2 | Volunteers are not treated separately but include in sections where reference is made to supervision, training, advice, support and recruitment. |
20.0 NSPCC
| 20.1 | The NSPCC alone amongst voluntary organisations is authorised to undertake Section 47 Enquiries and to initiate proceedings to protect children. However in Wolverhampton, in agreement with the local authority, the NSPCC does not provide an investigative service into allegations of child abuse, and all such referrals will be passed to the Children & Young People's Service and/or the Police as appropriate. |
| 20.2 | Nationally the NSPCC provides a freephone 24 hour Child Protection Helpline staffed by trained and qualified counsellors who will respond to calls concerning the safety and protection of children and related matters. Any specific concerns are then passed to the relevant local authority for follow up. |
21.0 Armed Services
| 21.1 | 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 makes 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 in place procedures to help in safeguarding and promoting the welfare of children. In areas of 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. |
| 21.2 | 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. There is already a responsibility placed upon LA children's social care to monitor the wellbeing of care leavers and those joining the Armed Forces have unrestricted access to local authority social care workers. |
| 21.3 | 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' and Airmen's Families Association-Forces Help (SSAFA-FH). Further details of these services and contact numbers are given in the Appendices. 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 co-operation, are issued by the MoD as a 'Defence Council Instruction (Joint Service)' (DCI(JS)). Larger overseas Commands issue local child protection procedures, hold a Command Child Protection Register 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. |
| 21.4 | Movement of Children between the United Kingdom and Overseas 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 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 appropriate resources exist in the proposed location to meet identified needs. Full documentation should be provided which will be forwarded to the relevant overseas Command. All referrals should be made to the Director of Social Work, HQ SSAFA-FH or Area Officer, NPFS (East) as appropriate at the addresses given in appendices. Comprehensive reciprocal arrangements exist for the referral of child protection cases to appropriate UK authorities on the temporary or permanent relocation of such children to the UK from overseas. |
| 21.5 | United States Forces Stationed in the United Kingdom 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. |
| 21.6 | Enquiries about Children of Ex-Service Families 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 which 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 appendices. |
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