ACWA 2008 Nick Burnett

Background  Legal  Rights of the Child  Children Acts  OHS

Risk Management

Safeguarding Children  To touch or not to touch?  Guidance, guidelines and policy Bad people doing bad things V Good people doing the right things

Safeguarding Staff  Careful Language  Keeping people safe  Policy – how we keep people safe  “Do you want us to keep your child safe?”  Dynamic risk assessment results in a decision to choose the safest option  Take someone to a safer place

The Right Questions?  What are you allowed to do?  What are you supposed to do?  What is the best way to avoid allegations?  The defence of necessity  Necessary  Reasonable  Proportionate

Positive Handling  The full range of strategies and interventions:  Non-physical  Space  Stance  Signals  Physical  Guiding  Escorting  Restraining

Restricting, Restraining, Removing  Restricting people from moving around freely  Restraining people by holding them securely  Removing people by taking them from one place to another  Beware absolutes  Degree, extent and intensity

Risk Management  Gradient of negative consequences  Risk assessments  Formal  Dynamic  Right decisions sometimes result in wrong outcomes  Balancing risks

What is Important? 10

Holding Back  Do we need to do anything?  Do we need to act now?  Am I the best person to do it?  Do I need assistance?  Is this really necessary?  Is there a better option?

The Right Answers  Lawful excuse  Defence of necessity  Acting in the best interests of the child – the paramouncy principle

Children’s Right to be Heard  “Children and young people did not say that people who had got dangerously out of control should not be restrained. Their concern was much more clear than that. It was that staff who restrain children should know how to do it properly.”  Roger Morgan - Children’s Rights Director 2004  “Children and young people did not say that people who had got dangerously out of control should not be restrained. Their concern was much more clear than that. It was that staff who restrain children should know how to do it properly.”  Roger Morgan - Children’s Rights Director 2004

Talking to children  We hold children to stop them hurting themselves  We hold children to stop them hurting other people  We hold children to prevent them from doing something they will later regret.  We hold children to keep them safe  We hold children when they cannot hold themselves safely  We care enough not to let children be out of control

Best Defence Checklist for Staff 1: Did you think before you acted – did you conduct a quick risk assessment? 2: How were your actions in the best interests of the child?

Key Questions for Staff  Am I able to do this safely?  How is this in the best interests of this particular child?  What are the negative consequences I am trying to prevent?

Employers & Staff Are Judged by: What They Feel, Think, Say, Do & DOCUMENT 17 Documentation

Writing it up 1When you made a dynamic risk assessment what were you thinking about? 2How was this in the best interests of the child concerned? 3Why did you think you could accomplish it safely? 4What were you trying to do? 5What happened?

Key Questions for Services  What steps did you take to identify risks?  What steps did you take to warn staff and provide adequate guidance  What steps did you take to ensure that staff were adequately trained?  How did you ensure a safe system of work?

Materials to help Safeguard Children and Safeguard Staff

Thanks…  Thanks for listening – please complete the more information sheet at the front of the room, take a business card or come and see me in the exhibitions if you want more info  Nick Burnett  or  Mobile 