Guidance for Safe Working Practice for Adults Working with Children and Young People – It’s Only Common Sense?

‘… we all share a responsibility for safeguarding and promoting the welfare of children and young people’ 2.2 ‘Children can be subjected to abuse by those who work with them in any and every setting. An allegation of abuse or maltreatment by a professional, staff member, foster carer or volunteer must therefore be taken seriously and treated in accordance with consistent procedures.’ 6.20: Working Together to Safeguard Children 2006

LSCB Key Objectives To co-ordinate local work to safeguard and promote the welfare of children To ensure the effectiveness of that work Working Together to Safeguard Children 2006, page 75

Local Safeguarding Children Board (Para 3.26 WT06) Local Authority Named Senior Officer (Para 6.23 P125 WT06) Police Force Senior Officer (Para 6.24 P126 WT06) Statutory Member Named Senior Officer in each: District Council, YOT, Probation, SHA, PCT, NHS Trust, Connexions, CAFCASS, STC, Children’s Prison (Para 11 P221 WT06) Other Members Senior Officer (Para 11 P221 WT06) All Organisations Senior Manager Identified in Employers Procedures (Para 12 P221 WT06) LSCB Structure for Supporting the Management of Allegations Local Authority Designated Officer (s) (Para 6.23 P125 WT06) Unit Managers (Police) (Para 6.24 P126 WT06)

An allegation is... Information or a concern which suggests an adult working with children and young people has: behaved in a way that has harmed, or may have harmed, a child possibly committed a criminal offence against, or related to a child, a child; or behaved towards a child or children in a way that indicates s/he is unsuitable to work with children

Allegation Allegation reported to senior manager named in employers procedures Allegation reported to senior manager named in employers procedures Senior manager considers alleged behaviour Senior manager considers alleged behaviour Contacts LADO Initial discussion with LADO and decision re course of action Initial discussion with LADO and decision re course of action Police investigation Assessment by Social Care Employers Action (including disciplinary action) LADO tracks progress, monitors outcomes and reports to the LSCB and DfES Behaved in a way that has harmed, or may have harmed a child Possibly committed a criminal offence against, or related to, a child; or Behaved towards a child or children in a way that indicates s/he is unsuitable to work with children Internal Action e.g. Support for Staff/ Child Parent Policy review Staff Training

Why do allegations arise? Organisational Culture Accident Naivety, or poor practice on the part of the individual, who is unaware of the problem Unintentional or misinformed action Failure to follow procedures Deliberate intention to abuse Allegation arising from Grievance Care and Control Incident Malicious Intent

Staff comments I didn’t know! Is it illegal? Isn’t it part of my job to take an interest? How was my behaviour unprofessional? What constitutes misconduct? Is it OK to ……..

What we have learnt about many adults working with children and young people They are often unclear about what is acceptable and unacceptable behaviour and where personal and professional boundaries should lie Many staff are nervous about becoming the subject of allegations and certain practices e.g. touching children, one to one, intimate care, physical intervention Staff subject to allegations often express surprise and disbelief that their behaviour has given rise to suspicion or concern and could be considered abusive, harmful, criminal or misconduct Some staff are not aware of the law and modus operandi of sex offenders

How do we minimise the risk of Allegations being made?

Guidance isn’t necessary… Staff are bound by professional codes anyway It is not possible to legislate for every type of behaviour An explicit code would be too long and boring to read Role of management is to supervise professional behaviour People use ‘common sense’ to govern actions said some people..

Guidance is necessary Assists staff to work safely and professionally Reduces the burden of assumption Promotes transparency and minimises ‘grey’ areas Makes clear implications of not working to code. Makes clear to everyone what behaviour is expected and what is not acceptable Clarifies responsibilities of both employer and employees said the majority

Duty of Care Employers have duty of care towards staff, requiring provision of a safe working environment and guidance re safe working practice Staff have a duty to take care of themselves and anyone who may be affected by their actions Staff have a duty to keep children safe and protect them from harm -partly exercised through respectful, caring, professional relationships Health and Safety at Work Act 1974

What is guidance for safe practice? A description of appropriate and non-appropriate behaviours for adults working with children and young people

Contents Definitions Overview Underpinning Principles Introduction Status of Document Criteria of ‘Unsuitability’’ Duty of Care Exercise of Professional Judgement Power and Positions of Trust Confidentiality Propriety and Behaviour Dress and Appearance Personal Living Space Gifts, Rewards and Favouritism Infatuations Social Contact Sexual Contact Physical Contact Behaviour Management Care, Control and Physical Intervention Children/YP in Distress Other Activities that require Physical Contact Respect and Privacy Intimate Care First Aid/Administration of Medication One to One Situations Home Visits Transporting Children/YP Trips and Outings Communication with Children and Young People using Technology Photography and Video Access to Inappropriate Images and Internet Usage Whistleblowing Concerns and Recording Incidents

Guidance For Safe Practice Document Education Health Professionals PoliceSocial Care Fostering and Childminders Voluntary groups Additional sections may include for e.g. Showers and changing Additional Sections which could be added Physical examinations Additional sections may include for e.g.: Stop and Search Additional sections may include for e.g. Residential Care Additional Sections may include for e.g. more detail about informal activities Based on the same format, would a separate document be more useful?

How might guidance be used? for staff to monitor their own behaviour as a management tool to advise staff of what behaviours are expected of them to review the outcome of an incident, concern or allegation as a framework to assess risk of ‘unsuitability’

Guidance For Safe Practice Guidance For Safe Practice

To ensure that you have access to an electronic copy of the consultation document, please contact your AMA at Government Office. (see next slide)