2. Roles and responsibilities |
Contents
2.1 |
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2.2 |
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2.3 |
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2.3.1 |
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2.3.2 |
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2.3.3 |
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2.3.5 |
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2.3.6 |
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2.3.15 |
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2.3.18 |
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2.4 |
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2.5 |
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2.5.9 |
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2.5.10 |
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2.5.15 |
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2.5.18 |
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2.5.21 |
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2.6 |
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2.7 |
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2.7.3 |
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2.7.6 |
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2.7.9 |
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2.7.11 |
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2.7.15 |
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2.8 |
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2.8.3 |
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2.8.6 |
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2.8.9 |
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2.9 |
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2.9.9 |
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2.10 |
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2.10.7 |
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2.10.13 |
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2.10.20 |
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2.10.31 |
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2.10.33 |
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2.10.35 |
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2.10.38 |
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2.10.44 |
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2.10.46 |
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2.10.49 |
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2.10.52 |
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2.10.57 |
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2.10.60 |
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2.11 |
The NHS and independent and third sector health services in London |
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2.11.2 |
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2.11.5 |
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2.11.10 |
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2.11.12 |
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2.11.14 |
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2.11.16 |
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2.11.23 |
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2.11.24 |
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2.11.28 |
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2.11.29 |
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2.11.33 |
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2.11.34 |
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2.11.38 |
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2.11.42 |
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2.11.43 |
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2.11.53 |
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2.11.58 |
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2.11.59 |
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2.11.61 |
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2.11.68 |
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2.11.70 |
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2.11.71 |
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2.11.72 |
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2.11.78 |
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2.11.79 |
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2.11.84 |
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2.11.85 |
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2.11.92 |
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2.11.93 |
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2.11.108 |
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2.11.112 |
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2.11.113 |
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2.11.117 |
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2.11.121 |
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2.11.126 |
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2.12 |
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2.12.1 |
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2.12.7 |
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2.12.12 |
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2.13 |
Children and Family Court Advisory and Support Service (CAFCASS) |
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2.14 |
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2.15 |
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2.16 |
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2.17 |
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2.18 |
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2.18.8 |
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2.18.11 |
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2.18.14 |
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2.18.16 |
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2.19 |
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2.19.5 |
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2.19.7 |
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2.19.9 |
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2.19.12 |
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2.19.14 |
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2.19.21 |
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2.19.23 |
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2.20 |
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2.20.6 |
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2.21 |
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2.22 |
London Fire Brigade (London Fire and Emergency Planning Authority) |
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2.23 |
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2.24 |
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2.25 |
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2.25.12 |
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2.25.17 |
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2.25.22 |
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2.1 |
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2.1.1 |
This section outlines the main roles and responsibilities of statutory agencies, professionals and the third sector in safeguarding and promoting the welfare of children. |
2.2 |
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Duty to safeguard children and promote the welfare of children |
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2.2.1 |
'Safeguarding children is everyone's responsibility' Professionals in all agencies that work with children and / or adults who have parenting responsibilities share a commitment to safeguard and promote their welfare, and for many agencies this is underpinned by a statutory duty or duties. Local authorities which are children's services authorities have a number of specific duties to organise and plan services and safeguard and promote the welfare of children. |
2.2.2 |
Local authorities, 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 – the relevant partners – 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. |
2.2.3 |
Guidance for these agencies about their duty under s11 is contained in Making Arrangements to Safeguard and Promote the Welfare of Children (DfES 2005). |
2.2.4 |
Local authorities also have a duty to carry out their functions under the Education Acts with a view to safeguarding and promoting the welfare of children under s175 of the Education Act 2002. Under s175 of the Education Act 2002, maintained (state) schools and Further Education (FE) institutions, including Sixth Form Colleges, also have a duty 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 same duty is put on Independent schools, including Academies and technology colleges, by regulations made under s157 of the 2002 Act. |
2.2.5 |
Guidance to local authorities, schools, and FE institutions about these duties is in Safeguarding Children in Education (DfES, 2004) and Safeguarding Children and Safer Recruitment in Education (DfES, 2006). |
2.2.6 |
In addition, under s87 of the Children Act 1989 independent schools which provide accommodation for children also have a duty to safeguard and promote the welfare of those pupils. Boarding schools, residential special schools, and further education institutions which provide accommodation for children under 18 must have regard to the respective National Minimum Standards for their establishment. See www.ofsted.gov.uk. |
2.2.7 |
The Children and Family Court Advisory and Support Service (CAFCASS) also has a duty under s12(1) of the Criminal Justice and Court Services Act 2000 to safeguard and promote the welfare of children involved in family proceedings in which their welfare is, or may be, in question. |
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2.2.8 |
The relevant partners (see 2.2.2 above) have a duty under section 10 of the Children Act 2004 to co-operate in the making of arrangements to improve children's well-being. In line with the duty, local authorities and their partners, must have arrangements in place to facilitate partnership working with each other and with parents, to improve children's wellbeing in relation to the five outcomes (see section 1.1.3 Every Child Matters: Change for Children). |
2.3 |
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Systems and arrangements to safeguard and promote the welfare of children |
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2.3.1 |
To fulfil their responsibilities to safeguard and promote the welfare of children all organisations that provide services for children, parents or families, or work with children, should have in place:
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2.3.2 |
All agencies whose staff come into contact with children in their daily activities, and / or who provide services to adults who are parents, must ensure their staff are familiar with these London Child Protection Procedures. The agencies and the professionals themselves must ensure that they are competent to:
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2.3.3 |
The Children's Trust Board or equivalent should have clear arrangements in place for implementing the CAF locally. |
2.3.4 |
All agencies whose staff come into contact with children in their daily activities, and / or who provide services to adults who are parents, must ensure their staff are aware of the CAF and how it is used, and that there are enough people in their agency with the necessary skills, training and support to undertake a CAF. Professionals' understanding 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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2.3.5 |
Professionals in all agencies providing services to children and families should be alert to:
In these cases, professionals should ask for the child's address and date of birth, and refer the information to the local authority education service for the area indicated by the child's address see London supplementary procedure Safeguarding Children Missing from School, (London Board 2006). |
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2.3.6 |
All agencies working with children or with adults who are parents must appoint one or more senior members of staff, or clinician, nurse, governor and / or volunteer, to lead on all safeguarding children issues for the agency. Where there is only one nominated safeguarding children adviser, the agency should appoint a deputy nominated safeguarding children adviser to cover absences. |
2.3.7 |
Appointment as a safeguarding children adviser does not, in itself, signify responsibility personally for providing a full service for child protection. This will usually be done through the agency's safeguarding children arrangements. |
2.3.8 |
The nominated safeguarding children adviser must be fully conversant with their agency's safeguarding and child protection accountability structures. |
2.3.9 |
The nominated safeguarding children adviser/s and deputies should be provided with relevant child protection training. Nominated safeguarding children advisers and their deputies must undergo regular supervision and refresher training in child protection. |
2.3.10 |
Examples of persons who may be nominated safeguarding children adviser/s include:
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2.3.11 |
The term nominated safeguarding children adviser, as it is used in these London Child Protection Procedures, describes persons appointed at an operational, strategic or commissioning level or with responsibilities encompassing elements of operations, strategy, commissioning or providing consultation and advice. |
2.3.12 |
At an operational level, in general, a nominated safeguarding children adviser's responsibilities include:
These responsibilities are in line with what is expected of a named professional in health services, see also 2.3.6 Nominated safeguarding children adviser. |
2.3.13 |
At a strategic level, in general, a nominated child protection adviser's responsibilities are to:
These responsibilities are in line with what is expected of a designated professional in health services. |
2.3.14 |
Other strategic responsibilities which a nominated safeguarding children adviser may have include:
These responsibilities may be in line with the expectations of a lead director, a senior lead person for children in service planning and commissioning or a head teacher. |
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2.3.15 |
Each agency's out-of-hours (out of office hours) arrangements for the provision of services to children and families will vary according to the nature of the service provided. Nevertheless, all agencies providing an out-of-hours service must ensure the professionals working out-of-hours are competent and enabled to follow these London Child Protection Procedures. |
2.3.16 |
Where an agency provides an out-of-hours service:
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2.3.17 |
All professionals whose primary responsibility is to provide services to adults should always consider the safety and welfare of any dependent or vulnerable children, including unborn children. |
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2.3.18 |
The effectiveness of professional agencies in safeguarding children and promoting their welfare is dependent on the public / local community being knowledgeable and confident about:
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2.3.19 |
All agencies, and London Local Safeguarding Children Boards, have a responsibility to provide the public / local community with information and facilitate access and partnership in safeguarding local children. |
2.3.20 |
LSCBs can access an LSCB Induction Training Pack (at www.londonscb.gov.uk) designed to be used by trainers with experience of safeguarding children and who are familiar with the London Child Protection Procedures and with the procedures to be followed within their own organisation. The target group of participants is those workers or volunteers within any organisation who are in contact/work with children and young people and adults who are parents/carers. These will be people who are in a position to identify concerns about maltreatment, including those which may come to light during assessment under the Common Assessment Framework (CAF). See section 1.2.17 Common Assessment Framework. |
2.3.21 |
All agencies, and London Local Safeguarding Children Boards, should ensure that their staff are competent to assist any member of the public who is concerned a child may be at risk of abuse or neglect, or is/was themselves a neglected or abused child, to contact:
LA children's social care 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. |
2.4 |
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2.4.1 |
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 or equivalent, and wider co-operation arrangements to agree, in consultation with the LSCB:
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2.4.2 |
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. Local authorities, together with their Children's Trust or equivalent, partners, should look closely at any opportunity to integrate and co-locate services. |
2.4.3 |
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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2.4.4 |
Arrangements local authorities make to safeguard and promote the welfare of children should include services for:
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2.5 |
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2.5.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, LA children's social care must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.5.2 |
London Local authorities are all 'children's services authorities' which have a number of specific duties to organise and plan services 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. |
2.5.3 |
The local authority is required to ensure that children in its area are protected from significant harm. Any child at risk of significant harm is invariably a child in need in terms of s17, Children Act 1989. The local authority has a general duty under the Children Act 1989 to safeguard and promote the welfare of children who are in need and, so far as it is consistent with that duty, to promote the upbringing of such children by their families by providing services appropriate to the child's needs. They should do this in partnership with parents and in a way which is sensitive to the child's race, religion, culture and language, and where practicable, take account of the child's wishes and feelings. |
2.5.3 |
Local authorities, with the help of other agencies as appropriate, also have a duty (s47, Children Act 1989) 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 or promote the child's welfare. |
2.5.4 |
Where a child is at risk of significant harm, LA children's social care professionals are responsible for co-ordinating an assessment of the child's needs, the parents' capacity to keep the child safe and promote their welfare, and of the wider family circumstances. |
2.5.5 |
Local authorities also have responsibility for safeguarding and promoting the welfare of children who are excluded from school, or who have not obtained a school place (e.g. children in pupil referral units or being educated by the authority's home tutor service). They should also:
Local authorities will normally extend these functions to any non-maintained special schools in their area. |
2.5.6 |
LA children's social care professionals and Local Safeguarding Children Boards should offer the same level of support and advice in relation to safeguarding and promoting the welfare of pupils to independent schools, further education colleges and non-maintained special schools in their area. |
2.5.7 |
It is particularly important that LA children's social care and Local Safeguarding Children Boards establish channels of communication with local independent schools, including independent special schools, so children requiring support receive prompt attention and any allegations of abuse can be properly investigated. |
2.5.8 |
LA children's social care services have the following responsibilities:
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2.5.9 |
The national minimum standards for children's social care set a minimum level of service for each element of providing a care service. They are not enforceable by law, but are important guidelines to assist children's services providers, inspectors and children and families who use services to judge the standard of the service. |
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2.5.10 |
Ofsted is the lead children's social care inspectorate, with responsibility for inspecting to ensure that children's social care providers meet minimum national standards in safeguarding and promoting children's welfare and well-being. Providers will also be expected to have knowledge of child protection, including signs and symptoms and what to do if abuse or neglect is suspected. |
2.5.11 |
Ofsted's responsibilities include:
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2.5.12 |
If during an inspection inspectors become concerned with respect to a child or children's safety and well-being, Ofsted must contact LA children's social care and, in consultation with the LA children's social care services, consider whether any action needs to be taken to protect children attending / receiving a service from that registered provision. |
2.5.13 |
Ofsted must be informed when a child protection referral is made to the LA children's social care regarding a person who works in any of the services regulated by the CSCI or Ofsted. |
2.5.14 |
Ofsted should be invited to any strategy meetings / discussions convened due to concerns or allegations about professionals in regulated settings. |
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2.5.15 |
The Children Act 2004 provides for Joint Area Reviews (JARs) of services for children and young people in a local authority area. The purpose of JARs is to evaluate the way local services, taken together, contribute to children growing up in the local area being healthy, staying safe, enjoying and achieving, making a positive contribution and achieving economic well-being. |
2.5.16 |
JARs give particular attention to any areas deemed to be weak and to safeguarding looked after children, and children and young people with learning difficulties and/or disabled children. Included in this is an evaluation of the quality, management and leadership of local partnership working, made in line with the requirements of the Children Act 2004, to improve outcomes for local children and their families. |
2.5.17 |
LA partner agencies should be fully involved in the arrangements for the JAR. They will have been involved in formulating and reviewing the local Children and Young People's Plan, which provides evidence for the review, and they should also be involved in responding to the inspection report and subsequently devising the written statement of proposed action. |
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2.5.18 |
JARs will evaluate the contribution of services provided by the third sector to the outcomes achieved by children and young people. Judgements will be made on the extent to which third sector organisations are engaged with other partners in decisions about the strategic development of provision, and how far appropriate action has been taken to build on the capacity of third sector providers to provide high quality services that offer value for money. |
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2.5.21 |
Local authorities have a duty under s.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. |
2.6 |
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2.6.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, LA adult social care must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.6.2 |
Those who work with adults in social care services 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. |
2.6.3 |
LA adult social care professionals who receive referrals about adults who are also parents or expectant parents must consider if there is a need to alert children's services to a child or unborn child who may be 'in need' or 'at risk of significant harm'. |
2.6.4 |
LA adult social care must establish and maintain systems so that:
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2.6.5 |
Once action is taken under child protection procedures (and regardless of whether the work is undertaken jointly or separately) LA children's social care becomes responsible for co-ordinating this. |
2.6.6 |
For all joint-work between LA adult social care and LA children's social care there should be clear joint working procedures on information sharing and referring, as well as ongoing sharing of information and feedback. |
2.7 |
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2.7.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, LA housing authorities and social landlords must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.7.2 |
Housing and homelessness staff in local authorities and housing managers (whether working in a LA or for a social landlord) can play an important role in safeguarding and promoting the welfare of children. |
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2.7.3 |
Housing authorities / associations often hold significant information about families where there is a child at risk of harm. In the case of mobile families they may have more information than most other agencies. Housing authorities / associations have an obligation to share information relevant to child protection with LA children's social care. Conversely LA children's social care staff and other agencies working with children can have information which will make assessments of the need for certain types of housing more effective. |
2.7.4 |
Housing authorities and social landlords should be signed up to the local authority's information sharing protocol (along with all other appropriate agencies), to share information with other agencies, e.g. children's social care or health professionals in appropriate cases. |
2.7.5 |
Housing departments in London local authorites should follow the requirements of NOTIFY (see section 11. Mobile children and families, 11.3.5. NOTIFY), to ensure proper notification is made about families in temporary accommodation moving into, between and out of units of temporary accommodation in boroughs in London. |
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2.7.6 |
Housing authorities are key to the assessment of the needs of families with disabled children who may require housing adaptations to participate fully in family life and reach their maximum potential. Each local authority will have an individual approach to this area. |
2.7.7 |
LA housing staff should be alert to child protection issues when dealing with reports of anti-social behaviour by young people which might reflect parental neglect or abuse. |
2.7.8 |
Housing authorities have a frontline emergency role, for instance managing re-housing or repossession when adults and children become homeless or at risk of homelessness as a result of domestic violence. |
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2.7.9 |
Housing staff, in their day-to-day contact with families and tenants, may become aware of needs or welfare issues to which they can either respond directly (e.g. by making repairs or adaptations to homes, or by assisting the family in accessing help through other agencies). |
2.7.10 |
Environmental health officers, in particular those who inspect private rented housing, may become aware of conditions that impact adversely on children. Under Part 1 of the Housing Act 2004, authorities must take account of the impact of health and safety hazards in housing on vulnerable occupants including children when deciding the action to be taken by landlords to improve conditions. |
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2.7.11 |
In early 2006, there were 64,000 homeless families placed in temporary accommodation by London boroughs under homelessness legislation. [GLA, March 2006] |
2.7.12 |
Many families in temporary accommodation move frequently. There is evidence - [London Child Mobility Project, DfES and GOL, 2006] - that moving between services has a negative impact on children and their families, when it is not based on positive life-choices. |
2.7.13 |
LA housing, other LA services and health services are responsible for maintaining effective systems to ensure children and families are appropriately housed in temporary accommodation and receive health and education services, as well as any specific services to meet individual children's assessed needs, in a timely way. |
2.7.14 |
Wherever possible, local authorities should not place families out of their area if there is a child in the family who is subject to child protection plan. |
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2.7.15 |
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. |
2.7.16 |
Social landlords do not have the same legal requirements to safeguard and promote the welfare of children as local authorities. They are regulated by the Tenant Services Authority (TSA). Under the TSA's regulatory framework - [The regulatory framework for social housing in England from April 2010] - all social housing providers are 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 well-being in those areas. |
2.7.17 |
A number of RSLs across the country offer specialist supported housing schemes specifically for young people at risk and / or leaving care and pregnant teenagers. These schemes provide for 16- and 17-year-olds, they enable local authorities to fulfil their duties to the vulnerable and those covered by the Government's Supporting People programme. |
2.7.18 |
Housing authorities / RSLs and LA children's services should refer to the 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: Joint working between housing and children's services: Preventing homelessness and tackling its effects on children and young people (DCSF/CLG, 2008). |
2.7.19 |
Housing authorities / RSLs can help reduce risk of harm to children by:
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2.7.20 |
See also: Common Assessment Framework guidance: Guidance for children's services and housing services in using the Common Assessment Framework when dealing with homeless young people – non-statutory guidance for children's services and housing services in using the Common Assessment Framework (CAF) when dealing with young people who are homeless or at risk of being made homeless. |
2.8 |
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2.8.1 |
In order to fulfil their part of the local authority's obligations to safeguard children and promote their welfare, LA environmental health and planning services must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.8.2 |
Environmental health and planning services staff working directly for local authorities or contracted to provide a service on behalf of a local authority can play an important role in safeguarding and promoting the welfare of children. |
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2.8.3 |
Environmental health and planning services officers may hold, or uncover, significant information about situations that could present a risk of harm to children. When this is identified, or occurs, environmental health and planning services staff have an obligation to share information relevant to child protection with LA children's social care staff. |
2.8.4 |
LA children's social care staff and other agencies may from time to time require the assistance of environmental health and planning services staff when assessing the welfare of children. |
2.8.5 |
Environmental health and planning services should develop joint protocols to share information with other agencies in appropriate cases. |
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2.8.6 |
Environmental health and planning services may be able to assist with assessing the needs of families with disabled children, who may require housing adaptations in order to participate fully in family life and reach their maximum potential. |
2.8.7 |
Environmental health and planning services staff should be alert to child protection issues when dealing with complaints about environmental health issues or possible breaches of planning regulations. For example, a complaint about a noise nuisance could be the first indication of a 'home alone' situation or some other form of parental neglect or abuse. Alternatively, a complaint about over occupation in breach of planning rules might be the first indication of an illegal children's home. |
2.8.8 |
Environmental health and planning services have a front line emergency role, for instance when a household is discovered where children are living and where the property is neglected and infested with vermin. |
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2.8.9 |
Environmental health and planning services officers inspecting conditions in private rented housing may become aware of conditions that impact adversely on children particularly. Under Part 1 of the Housing Act 2004, authorities must take account of the impact of health and safety hazards in housing on vulnerable occupants (including children) when deciding the action to be taken by landlords to improve conditions. |
2.8.10 |
Environmental health and planning services officers inspecting conditions in commercial premises such as restaurants may become aware of situations that impact adversely on children. For example, they may become aware that children are being employed in contravention of the law (e.g. under age or for hours that exceed the statutory limit). Such situations may be the first indication of a more serious situation such as child labour exploitation or trafficking. |
2.9 |
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2.9.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, LA sport, culture and leisure must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.9.2 |
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 third sector agencies. Many such activities take place in premises managed by authorities or their agents. |
2.9.3 |
Leisure services must particularly ensure casual and temporary staff also receive child protection training as part of their induction and then ongoing training. |
2.9.4 |
Staff, volunteers and contractors who provide these services will have various degrees of contact with children who use them, and appropriate arrangements to safeguard children will need to be in place. These should include appropriate codes of practice for staff, particularly sports coaches, such as those issued by national governing bodies of sport, the Health and Safety Executive (HSE) or the local authority. Working practices should be adopted which minimise unobserved contact with children. Sports agencies can also seek advice on child protection issues from the Child Protection in Sport Unit, which has been established as a partnership between the NSPCC and Sport England. |
2.9.5 |
Leisure services must also ensure any agencies contracting to use leisure premises have adequate child protection policies and procedures. |
2.9.6 |
Managers of library services should ensure their child protection policies include the procedure for staff to follow if children are left unsupervised in the library. |
2.9.7 |
Through the facility for homework helpers and holiday groups, some library staff have direct unsupervised contact with children and all must be competent to comply with internal child protection policies and procedures and these London Child Protection Procedures. |
2.9.8 |
Because libraries provide opportunities for anonymous access to the internet, staff must be aware and take reasonable precautions to prevent access to pornography and chat rooms in which children may be drawn into risky relationships. See section 5.25. ICT-based forms of abuse. |
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2.9.9 |
In order to fulfil their obligations to safeguard children and promote their welfare, youth services must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.9.10 |
The LA youth service (LAYS) instructions should assist the youth and community worker in balancing the desire to maintain confidentiality between the child and the worker, and the duty to safeguard and promote the welfare of the child and others. Volunteers within the youth service are subject to the same requirement. |
2.9.11 |
Where the local authority funds local third sector youth agencies or other providers through grant or contract arrangements, the local authority should ensure proper arrangements to safeguard children people are in place (e.g. forming part of the agreement for the grant or contract). The agencies might get advice on how to do so from their national bodies or the Local Safeguarding Children Board. |
2.10 |
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2.10.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, LA education services must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.10.2 |
LA education must appoint a lead officer with responsibility for co-ordinating policy and action on child protection across schools and non-school services maintained by the local authority, and for providing advice to them. See section 2.3.6. Nominated safeguarding children adviser. |
2.10.3 |
LA education should ensure guidance on child protection is sent to all head teachers in maintained and non-maintained schools in their borough. In accordance with Local Safeguarding Children Board arrangements, they should also ensure that independent sector schools (including independent sector special schools) are sent relevant guidance. |
2.10.4 |
LA education should keep up-to-date lists of the nominated safeguarding children advisers (governor and staff member) in each school, including independent sector schools. LA education should encourage schools to support and train these staff. |
2.10.5 |
Wherever LA education places a child in a school outside their area, they should ensure the school has adequate child protection policies and procedures. The local authority must also ensure that training, which should include child protection training, is available for persons who provide or assist in providing childminding or day care. |
2.10.6 |
Each local authority has responsibility for the provision of information and advice about childminding and day care primarily through the Children's Information Service (Childcare Act 2006) |
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2.10.7 |
Early years services include children's centres, nurseries, childminders, preschools, playgroups, and holiday and out-of-school schemes. All early years providers must:
These general welfare requirements are set out in detail in the Statutory Framework for the Early Years Foundation Stage (EYFS). |
2.10.8 |
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. Childminders and everyone working in day care services should know how to recognise and respond to harm or the risk of harm to a child through abuse and / or neglect. |
2.10.9 |
In order to fulfil these obligations to safeguard children and promote their welfare, childcare services must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.10.10 |
Independent, third sector and local authority day care providers caring for children under the age of eight years must be registered by Ofsted under the Children Act 1989, and should have a written statement, based on What To Do If You're Worried A Child Is Being Abused – Summary (DfES, 2006). This statement should clearly set out professionals' responsibilities for reporting suspected child abuse or neglect in accordance with these London Child Protection Procedures. It should include contact names and telephone numbers for the local police and LA children's social care. The statement should also include procedures to be followed in the event of an allegation being made against a member of staff or volunteer, in line with section 15. Allegations against staff. |
2.10.11 |
Sometimes (not very often) childcare services may be set up for children over 8 years old, which do not need to be registered with Ofsted. These services must comply with these London Child Protection Procedures. |
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2.10.13 |
Registered childminders and group day care providers must satisfy explicit criteria in order to meet the national standard with respect to child protection. Ensuring they do so is the responsibility of the early years directorate of Ofsted. |
2.10.14 |
Ofsted requires that:
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2.10.15 |
Ofsted will seek to ensure that day care providers:
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2.10.16 |
Ofsted must be informed when a child protection referral is made to the LA children's social care about:
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2.10.17 |
Ofsted must be invited to any strategy meeting / discussion where an allegation might have implications for other users of the day care service and/or the registration of the provider. |
2.10.18 |
Ofsted will seek to cancel registration if children are at risk of significant harm through being looked after in a particular childminding or group day care setting. |
2.10.19 |
Where warranted, Ofsted will bring civil or criminal proceedings against registered or unregistered day care providers who do not adequately safeguard and promote the welfare of children in their care. See also section 2.5.10. Ofsted. |
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2.10.20 |
In order to fulfil their obligations to safeguard children and promote their welfare, schools and further education institutions must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.10.22 |
Schools (including independent schools and non-maintained special schools) and further education (FE) institutions must implement 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 through:
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2.10.23 |
Schools should also contribute to safeguarding and promoting the welfare of children through the curriculum, by developing children's understanding, awareness, and resilience. |
2.10.24 |
Schools and FE institutions should create a safe learning environment through having effective arrangements in place to address a range of issues. Some are subject to statutory requirements, including child protection arrangements, pupil health and safety and bullying. Others include arrangements for meeting the health needs of children with medical conditions, providing first aid, school security, tackling drugs and substance misuse, and having arrangements in place to safeguard and promote the welfare of children on extended vocational placements. |
2.10.25 |
Schools, head teachers, and governors have a responsibility to implement Government guidance Safeguarding Children and Safer Recruitment in Education (DfES, 2006) detailing responsibilities around safeguarding children. |
2.10.26 |
Through their daily contact with children, teachers and other staff in all schools and further education institutions are well placed to observe signs of abuse, changes in behaviour or a failure to develop in children. These staff should all be competent to:
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2.10.27 |
In addition to the responsibilities outlined in section 2.3.5 above, the school's and FE institution's designated child protection adviser should:
A school or FE institution should remedy any deficiencies or weaknesses in its arrangements for safeguarding and promoting welfare that are brought to its attention without delay. |
2.10.28 |
In addition to having child protection procedures in line with these London Child Protection Procedures, schools and FE institutions must have policies and procedures which reflect the roles of staff and parents regarding:
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2.10.29 |
Where a child of school age is the subject of a child protection plan, school staff are well placed to engage with planning and implementing the plan. |
2.10.30 |
Special schools, including non-maintained special schools and independent schools, which provide medical and / or nursing care should ensure both their non-medical and medical / nursing staff are particularly competent and well supported to recognise and respond to child protection concerns. |
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2.10.31 |
Extended schools provide a range of services and activities, often beyond the school day, to help meet the needs of children, their families and the wider community. |
2.10.32 |
The Government's view is that schools located at the heart of the community are well placed to take up the challenge of making Every Child Matters a reality for children and their communities. The Government therefore wants all schools to offer access to core offer of services by 2010:
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2.10.33 |
Schools should develop children's awareness of their behaviour towards others and of behaviour by others (whether by adults or other children) towards themselves, that is not acceptable and what they can do to help keep themselves safe. Schools should do this through the non-statutory framework for Personal, Social and Health Education (PSHE) e.g. children should be taught to recognise and manage risks in different situations and then decide how to:
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2.10.34 |
PSHE curriculum materials provide resources to enable schools to tackle issues regarding healthy relationships including violence in their intimate relationships, domestic violence, bullying and abuse. Discussions about personal safety and keeping safe can reinforce the message that any kind of violence is unacceptable, provide opportunities for children to talk about their own problems and signpost sources of help. |
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2.10.35 |
In all schools and FE institutions it is an offence to subject any pupil to corporal punishment. The law forbids a teacher or other member of staff to use any degree of physical contact which is deliberately intended to punish a pupil or which is primarily intended to cause pain, injury or humiliation. |
2.10.36 |
All schools should have a clear written policy on the use of physical restraint incorporated within the school's behaviour policy. This should be shared with parents. The policy on restraint should be formulated with reference to the DfES circular 10/98 relating to s550A of the Education Act 1996: the use of reasonable force to control or restrain pupils. |
2.10.37 |
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. Schools should provide training on restraint for staff. |
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2.10.38 |
Schools can screen and search pupils to prevent weapons coming through the school gates. The decision to use search powers rests with head teachers who would be expected to consult with school governors, parents and community leaders before deciding what is right for their school. |
2.10.39 |
See national guidance: Screening and Searching of Pupils for Weapons: Guidance for School Staff (DfES, 2007), a supplementary to School Security: Dealing With Troublemakers (DfES / Home Office, 1997). |
2.10.40 |
The guidance is for maintained schools, including pupil referral units, and will help other schools, including independent schools, Academies and FE institutions. |
2.10.41 |
The guidance defines a weapon as a knife or sharpened object which can be used as such, a gun, an item adapted to form a weapon (e.g. a broken bottle), or an item which can be used as a weapon (e.g. a baseball bat). |
2.10.42 |
Schools can require pupils to undergo screening for weapons without suspicion and without consent, by a walk-through or hand-held metal detector (arch or wand) which is 'no-contact' or 'low-contact' (i.e. minimal contact of the wand with the pupil's clothing). |
2.10.43 |
Schools can search where there are reasonable grounds to suspect that a pupil is in innocent possession of a weapon. The power does not allow without-suspicion searches (whether random or blanket). |
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2.10.44 |
The majority of cases of bullying will be effectively dealt with within the context of a school or FE institution's policy. There may however be circumstances when a referral to LA children's social care or to the police is required in line with section 6. Referral and assessment, for example when the bullying causes significant harm to a child or serious harm to an adult, involves criminal behaviour and/or initial steps taken to combat it effectively have failed. |
2.10.45 |
Staff should take advice from the school's nominated safeguarding children adviser and the LA education welfare (or similar, dependent on the LA) service. See also section 5.7. Bullying, section 5.20. Harming others and section 13. Risk management of known offenders. |
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2.10.46 |
Educational curricula and teaching materials and methods must reflect the diversity of London's population and seek to promote an anti-discriminatory environment. |
2.10.47 |
All schools and colleges must have a system in place to deal with discriminatory incidents. |
2.10.48 |
There will be occasions when the impact of discriminatory incidents is so severe it constitutes significant harm for the victim. In such instances a referral to LA children's social care or police must be made in line with section 6. Referral and assessment. |
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2.10.49 |
In order to fulfil their obligations to safeguard children and promote their welfare, non-maintained schools and FE institutions must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.10.50 |
Governing bodies and proprietors of non-maintained schools and FE institutions must seek advice as necessary from LA education or LA children's social care. |
2.10.51 |
In general, non-maintained schools and other educational institutions should ensure adherence to the guidance provided above in relation to schools and FE institutions. |
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2.10.52 |
Local authorities have a minimum statutory duty to provide or arrange free transport to and from the nearest suitable school for a pupil of statutory age who lives in the borough (see the Education Act 2002) if:
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2.10.53 |
Local authorities are responsible for:
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2.10.54 |
Local authorities must ensure that drivers:
Problems should be referred to their supervisor and/or transport services for appropriate action. |
Escorts' responsibilities |
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2.10.55 |
Local authorities must ensure that escorts:
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2.10.56 |
For further information about arrangements for the safety of children on public transport see section 2.24 Transport for London. |
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2.10.57 |
In order to fulfil their obligations to safeguard children and promote their welfare, LA education welfare services must:
In accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.10.58 |
In their direct welfare work with families, education welfare officers (known in some areas as education social workers or school attendance officers) are well placed to identify child protection issues and refer them to LA children's social care, in line with section 6. Referral and assessment. |
2.10.59 |
Education welfare officers should be competent and available to provide advice and support to other education staff on child protection matters. They should assist the nominated safeguarding children adviser in each school to monitor children who are subject of child protection plans. |
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2.10.60 |
These are services provided under section 114 of the Learning and Skills Act 2000 |
2.10.61 |
In order to fulfil their obligations to safeguard children and promote their welfare, the Connexions service must:
In accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.10.60 |
Connexions is responsible for the provision of services to a wide age range of children 13 to 19 years (and for the more vulnerable, up to 25 years of age). A board of management with specific responsibility for Connexions service development and delivery in London boroughs has been established. |
2.10.61 |
Local Connexions services must have child protection policies and procedures in line with both these London Child Protection Procedures and No secrets: guidance on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse, (DH / HO, 2000). |
2.10.62 |
The Connexions workforce comprises professionally qualified personal advisers and other staff working under their supervision. Connexions is a child-centred service, with safeguarding and promoting the welfare of the child as the primary focus of the agency's work. |
2.10.63 |
The Connexions partnership (including its subcontractors) is responsible for:
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2.10.64 |
Connexions partnerships should maintain the necessary capacity to carry out relevant risk assessments to minimise risk to the safety of children on premises whom they or their subcontractors are responsible for. |
2.10.65 |
Connexions partnerships are also responsible for minimising the risks within agencies they signpost children to, such as those providing employment and training opportunities, pose to the moral development and physical and psychological well being of children |
2.10.66 |
The Connexions partnership should work closely with other agencies concerned with child safety and welfare to rigorously analyse the nature and distribution of risk of harm within the cohort of children in the area and to use this information to design services, allocate resources and otherwise take action that addresses both causes and effects. |
2.11 |
The National Health Service (NHS) and independent / third sector health services in London |
2.11.1 |
All health services staff have a duty to protect children and these London Child Protection Procedures apply to staff in all London NHS and private and third sector health services, all NHS Trusts, NHS Foundation Trusts, Primary Care Trusts (PCTs) and Mental Health Trusts (MHTs). All health agencies, whether in the NHS or the independent and third sector, should ensure that safeguarding children and promoting their welfare is an integral part of their governance systems All health professionals working directly with children should ensure that safeguarding and promoting each child's welfare forms an integral part of all stages and aspects of the care they offer. |
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2.11.2 |
The Care Quality Commission (CQC) is the independent regulator of safety and quality for all health services. NHS trusts and NHS foundation trusts have 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. |
2.11.3 |
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. |
2.11.4 |
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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2.11.5 |
The NHS is increasingly assessed through core and developmental standards. The Health and Social Care (Community Health and Standards) Act 2003 includes a duty on each NHS body 'to put and keep in place arrangements for the purpose of monitoring and improving the quality of health care provided by and for that body' (s45) and gives the secretary of state the power to set out standards to be taken into account by every English NHS body in discharging that duty (s46). |
2.11.6 |
NHS London is the strategic health authority for London. In order to fulfil its obligation to safeguard children and promote their welfare, NHS London must:
In accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.6 |
NHS London's role is to performance manage and support the development of NHS and Primary Care Trusts' arrangements to safeguard and promote the welfare of children. |
2.11.7 |
NHS London will need to:
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2.11.8 |
NHS London will be able to draw on the findings of a number of inspection processes – the Joint Area Review (JAR) and Youth Offending Teams' inspections undertaken by a number of inspectorates working in partnership, including the Healthcare Commission, and the annual health checks, improvement reviews and investigations undertaken by the Healthcare Commission. |
2.11.9 |
Through membership of London Local Safeguarding Children Boards, NHS London must oversee the health contribution to safeguarding children at local level. The Department of Health holds NHS London to account for this role. |
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2.11.10 |
In order to fulfil their obligations to safeguard children and promote their welfare, PCTs must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.11 |
PCTs are accountable for their own safeguarding children structures and processes and those in agencies from whom they commission services. |
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2.11.12 |
PCT chief executives are responsible for ensuring the contribution by health services to safeguarding and promoting the welfare of children is discharged effectively across the whole local health economy through the PCT's commissioning arrangements. |
2.11.13 |
PCTs should identify a senior lead for children and young people 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. |
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2.11.14 |
PCTs should appoint a named public health professional as the nominated safeguarding children adviser (see section 2.3.6 Nominated safeguarding children adviser) to address issues around children in need and in need of protection. |
2.11.15 |
The PCT has a public health responsibility to actively promote the health and well-being of all the children in their area. |
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2.11.16 |
PCTs should work with local authorities to commission and provide co-ordinated and, wherever possible, integrated services. PCTs should ensure that all providers from whom they commission services have comprehensive and effective single and multi-agency policies and procedures to safeguard and promote the welfare of children, consistent with these London Child Protection Procedures |
2.11.17 |
The Joint Strategic Needs Assessment should include health and well-being needs of all local children, 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. |
2.11.18 |
PCTs must ensure that safeguarding and promoting the welfare of children is integral to clinical governance and audit arrangements. |
2.11.19 |
PCTs should monitor the service standards of NHS Foundation Trusts and contracted service providers to ensure service providers meet the required safeguarding children standards. |
2.11.20 |
Where practice-based commissioners undertake commissioning of services, this should be done in partnership with PCTs who will need to ensure their safeguarding duties are fulfilled. |
2.11.21 |
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. |
2.11.22 |
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. |
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2.11.23 |
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. |
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2.11.24 |
PCTs must co-operate with the local authority in the establishment and operation of the LSCB and, as a partner, share responsibility for the effective discharge of LSCB functions in safeguarding and promoting the welfare of children. Representation on the LSCB should be at an appropriate level of seniority. |
2.11.25 |
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, e.g. primary care, mental health (adult and child and adolescent) and sexual health. |
2.11.26 |
The PCT must also ensure that all health agencies, including the independent healthcare sector with whom they have commissioning arrangements, have links with a specific LSCB, and that health agencies work in partnership in accordance with their agreed LSCB plan. This is particularly important where Trusts' boundaries / catchment areas are different to those of LSCBs. This also includes 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 (www.nhs.uk) and a digital TV service.] |
2.11.27 |
PCTs must ensure all health providers from whom they commission services, both public and independent sector, have comprehensive single and multi-agency policies and procedures to safeguard and promote the welfare of children. The policies and procedures must be in line with these London Child Protection Procedures and should be easily accessible for staff at all levels within each agency. |
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2.11.28 |
PCTs are responsible for co-ordinating the health component of serious case reviews. They should notify NHS London and the CQC of all serious case reviews. See also section 19. Serious case reviews. |
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2.11.29 |
Each PCT is responsible for identifying a senior paediatrician and senior nurse to undertake the role of designated professionals for safeguarding children across the health economy and for identifying a named doctor and a named nurse who will take a professional lead within the PCT on safeguarding children matters. See section 2.3.6. Nominated safeguarding children adviser. |
2.11.30 |
Designated professionals should be performance managed in relation to their designated functions at the level of board-level director who has executive responsibility for safeguarding children as part of their 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 the board-level lead. |
2.11.31 |
PCTs should ensure establishment levels of designated and named professionals are proportionate to the local resident populations. 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 roles. If this approach is taken it is important to ensure that leadership and accountability arrangements are clear. |
2.11.32 |
For further guidance on the competences and support required for designated and named professionals to fulfil their child safeguarding responsibilities effectively see Safeguarding Children and Young People: Roles and Competences for Health Care Staff, Intercollegiate document supported by the Department of Health (2006). |
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2.11.33 |
PCTs should ensure all primary care teams have easy access to paediatricians trained in examining, identifying and assessing children who may be experiencing abuse or neglect, and that local arrangements include having all the necessary equipment and staff expertise for undertaking forensic medical examinations. These arrangements should avoid repeated examinations. |
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2.11.34 |
Through their contracting arrangements, PCTs should ensure that independent and third sector providers deliver services that are in line with PCT obligations with respect to safeguarding and promoting the welfare of children and their duty to notify the local authority of children who are, or are likely to be, accommodated for at least three months. |
2.11.35 |
When contracting with the independent and third sector, PCTs should ensure they apply the same standards and requirements as for NHS providers. PCTs will need to ensure appropriate links are established between independent and third sector providers and LSCBs. |
2.11.36 |
Independent and third sector agencies must comply with the commitments, systems and arrangements and staff competences in sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.37 |
Where PCTs have commissioning arrangements with independent and third sector providers, the provider should have nominated safeguarding children advisers – a named professional on site and access to designated professionals for complex issues or where concerns may have to be escalated and involve LA children's social care. Clinical networks can provide a further opportunity for sharing highly specialised resources across teams and geographical areas. |
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2.11.38 |
In order to fulfil their obligations to safeguard children and promote their welfare, NHS Trusts, Mental Health Trusts and Foundation Trusts must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.39 |
NHS Trusts, Mental Health Trusts and NHS Foundation Trusts can be responsible for providing hospital services and, in the case of Mental Health Trusts, community, specialist and in-patient services. 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. |
2.11.40 |
Representation on the LSCB should be at an appropriate level of seniority. A wide range of NHS Trust 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 upon their concerns in line with these London Child Protection Procedures. |
2.11.41 |
All NHS Trusts, Mental Health Trusts and NHS Foundation Trusts should identify a lead director, a named nurse and a named doctor for child protection / safeguarding children, and those providing maternity services should also identify a named midwife. See section 2.3.5 and section 2.3.6 for more information on the role of nominated safeguarding children advisers and named professionals. |
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2.10.42 |
NHS Foundation Trusts are regulated by Monitor15, 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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2.11.43 |
In order to fulfil their obligations to safeguard children and promote their welfare, A&E departments must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.44 |
Staff working in A&E departments, ambulatory care units, walk-in centres and minor injury units should be able to recognise abuse and be familiar with local procedures for making enquiries to find out whether a child is subject to a child protection plan. |
2.11.45 |
Staff in A&E departments should also be alert to the need to safeguard the welfare of children when treating parents; including where the parent has a psychiatric condition. They should also be alert to parents who seek medical care from a number of sources in order to conceal the repeated nature of a child's injuries. |
2.11.46 |
Specialist paediatric advice should be available at all times to A&E departments, and all units where children receive care. |
2.11.47 |
If a child, or children from the same household, presents repeatedly, even with slight injuries, in a way which doctors, nurses or other staff find worrying, they should act upon their concerns. Children and families should be actively and appropriately involved in these processes unless this would result in harm to the child. |
2.11.48 |
The child's GP should be notified of visits by children to an A&E department, ambulatory care unit, walk in centre or minor injury unit. Where the child is not registered with a GP, the appropriate contact in the PCT must be notified so they can arrange registration. |
2.11.49 |
In order for the PCT, health visitor and school nurse or another health professional to be notified, where such professionals have a role in relation to the child, consent should be sought from a competent child or if the child is not competent, then from their parents. |
2.11.50 |
Professionals should override a refusal to provide consent when there is a public interest of sufficient force. Where there is a clear risk of significant harm to a child or serious harm to an adult, the public interest test will be satisfied. |
2.11.51 |
Professionals should include the reasons for the decision to override consent as part of the child's A&E visit record. These reasons should be explained to the child and their family (unless explaining the reasons will place the child at risk of harm or further harm). |
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2.11.52 |
A&E staff should be alert to children missing or not enrolled at a school, see section 2.3.5 Children missing or not enrolled at a school. |
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2.11.53 |
In order to fulfil their obligations to safeguard children and promote their welfare, Ambulance Trusts and NHS Direct sites must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.54 |
The staff working in these services will have access (by phone or in person) to family homes and be involved with individuals at times of crisis and may therefore be in a position to identify initial concerns regarding a child's welfare. Each of these agencies should have a named professional for safeguarding children. All staff should comply with local procedures and these London Child Protection Procedures. |
2.11.55 |
The London Ambulance Service should provide relevant staff with detailed child protection procedures, guidance and training for when they may attend an incident and suspect that the injured or any other child at the location may have been abused or neglected. These procedures should detail that, in addition to providing any necessary paramedical attention and transport to hospital, staff must:
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2.11.56 |
If a parent refuses to allow the ambulance crew to convey the child to hospital, central ambulance control must be informed. Central ambulance control must inform police and relevant LA children's social care immediately, and must arrange for a London Ambulance Service officer to attend the scene. |
2.11.57 |
London Ambulance Service professionals should also be alert to the possibility and significance of domestic violence.
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2.11.58 |
In order to fulfil their obligations to safeguard children and promote their welfare, all primary care health services must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
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2.11.59 |
The Healthy Child Programme, 0-5 years and 5-19 years, provides a framework to ensure that children's health and wellbeing is promoted. It is delivered by multi-agency support services involved with children. |
2.11.60 |
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. |
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2.11.61 |
GPs, their staff and community health practitioners such as health visitors and school nurses have key roles to play in identifying children who may have been abused and those who are at risk of abuse; and in subsequent intervention and protection. Surgery consultations, home visits, treatment room sessions, child health clinic attendance, drop-in centres and information from staff such as health visitors, midwives, school nurses and practice nurses may all help to build up a picture of the child's situation and can alert the team if there is some concern. |
2.11.62 |
The competences specifically needed by healthcare workers to promote children's safety within the healthcare system are described in the intercollegiate document Safeguarding Children and Young People: Roles and Competences for Health Care Staff (RCPCH 2006) |
2.11.63 |
All primary health care team members and practice employed staff should know when it is appropriate to refer a child to LA children's social care for help as a 'child in need', and how to act on concerns a child may be at risk of significant harm through abuse or neglect. In addition, where the GP is not making the referral, they should be informed at the earliest opportunity. |
2.11.64 |
The GP, practice employed staff and the primary health care team are well placed to recognise when a parent or other adult has problems which may affect their capacity as a parent or which may mean that they pose a risk of harm to a child. Whilst GPs and other primary health care professionals have responsibilities to all their patients, children are particularly vulnerable and their welfare is paramount. When GPs and other health professionals have concerns that an adult's illness or behaviour or history (as a victim or abuser) may be putting a child at risk of suffering significant harm, they should make a referral to LA children's social care in line with section 6. Referral and assessment. |
2.11.65 |
Because of their knowledge of children and families, GPs, together with other practice staff and primary health care team members, have an important role in all stages of child protection processes, from appropriate information sharing with LA children's social care when enquiries are being made about a child, and contributing to assessments, to involvement in a child protection plan to protect a child from harm, as appropriate. GPs, practice staff and other primary health care team professionals should make relevant information about a child and family available to child protection conferences whether or not they, or a member of the primary health care team, are able to attend. |
2.11.66 |
Primary health care teams should have a clear means of identifying in records those children (together with their parents and siblings) who are subject of a child protection plan. This will enable them to be recognised by the partners of the practice and any other doctor, practice 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, practice nurses and midwives and adult services if appropriate in respect of all children about whom there are concerns. |
2.11.67 |
Primary health care teams 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 Local Safeguarding Children Boards. Each GP and member of the primary health care team should have access to a copy of these London Child Protection Procedures. |
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2.11.68 |
All GPs have a duty to maintain their skills in the recognition of abuse, and be familiar with the procedures to be followed if abuse is suspected. GPs should take part in training about safeguarding and promoting the welfare of children, and have regular updates as part of their postgraduate educational programme. As employers, GPs should ensure that practice nurses, practice managers, receptionists and any other staff whom they employ, are given the opportunities to attend local courses in safeguarding and promoting the welfare of children or ensure that safeguarding training is provided within the team. |
2.11.69 |
GPs are encouraged to become special interest practitioners for safeguarding children and young people by extending their competences and skills within the formally accredited Practitioners with Special interests (PwSis) framework - [Guidance and Competences for the Provision of Services using Practitioners with Special Interests (PwSis): safeguarding children and young people (Royal College of General Practitioners).] |
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2.11.70 |
The specialist skills of health visitors are crucially important in protecting children. [Getting it right for children and families: Maximising the contribution of the health visiting team (DH, 2009)] 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. Health visitors should liaise with other professionals and agencies so that a full picture of risk factors and progress is obtained. Health visitors must have access to regular proactive child protection supervision to ensure good practice (see section |
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2.11.71 |
School nurses spend a significant proportion of their time in school, have regular contact with children aged 5-19 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. The focus of their work with children is promoting, assessing and monitoring health and development, thus they have an important role in all stages of safeguarding children and child safeguarding processes. |
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2.11.72 |
In order to fulfil their obligations to safeguard children and promote their welfare, NHS maternity services must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.73 |
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. |
2.11.74 |
Some women with mental health problems may have particular issues during pregnancy and after giving birth which may have an impact on the child's safety and well-being. See section 5.32. Parental mental illness. See Antenatal and Postnatal Mental Health: Clinical Management and Service Guidance (NICE Guidelines, 2007), at: www.nice.org.uk/CG45 |
2.11.75 |
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 will tend to deny and minimise abuse. Recognising the prevalence of abuse across all socio-economic groups, it is important that the issue of abuse is raised with every pregnant woman in a supportive and enabling environment, with information about specialist support agencies also provided, to enable disclosure should a woman choose. See National Service Framework for Children, Young People and Maternity Services (DH / DfES, 2004), and Responding to Domestic Violence: A Handbook for Health Professionals (DH, 2006). |
2.11.76 |
Women and their families are increasingly choosing to access midwifery led maternity services. These are provided primarily outside hospitals in community based settings, including in children's centres. Where midwives and other maternity support staff are employed directly by NHS Primary Care or Hospital Trusts, they are integrated in that Trust's safeguarding arrangements. In the future, new commissioning arrangements may provide more flexible employment options. Contracting processes must explicitly specify and monitor that health professionals working in this way are fully integrated into the local safeguarding arrangements applicable to all other relevant health care providers. |
2.11.77 |
Nurses and other health professionals working with children and families in a variety of environments need to be alert to the strong links between adult domestic abuse and child abuse and they are well placed to recognise and respond when a child is in need of help, services or at potential risk of significant harm. |
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2.11.78 |
Staff in mother and baby units should receive enhanced training in child protection and infant resuscitation. |
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2.11.79 |
In order to fulfil their obligations to safeguard children and promote their welfare, CAMHS must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.80 |
As part of assessment and care planning, CAMHS professionals should identify whether child abuse or neglect or domestic violence are factors in a child's mental health problems and refer the child to LA children's social care in line with section 6. Referral and assessment. CAMHS professionals must also ensure that the harm is addressed appropriately in the child's treatment and care. |
2.11.81 |
CAMHS professionals have a role in the initial assessment process in cases where their specific skills and knowledge are helpful, for example:
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2.11.82 |
CAMHS can also have a role in the provision of a range of psychiatric and psychological assessment and treatment services for children and families (e.g. the provision of reports for court and direct work with children, parents and families – where these services have been commissioned). |
2.11.83 |
CAMHs may be provided either within general or specialist multi-disciplinary teams, depending upon the severity and complexity of the problem. In addition, consultation and training may be offered to other agencies in the community (e.g. LA children's social care, schools, primary health care teams, Connexions and nurseries). |
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2.11.84 |
In order to fulfil their obligations to safeguard children and promote their welfare, NHS paediatric services must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
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2.11.85 |
All paediatricians will come into contact with child abuse and neglect in the course of their work. All paediatricians must maintain their skills in the recognition of abuse and neglect and be familiar with the procedures to be followed if harm is suspected. |
2.11.87 |
Consultant paediatricians in particular may be involved in difficult diagnostic situations, differentiating those where abnormalities may have been caused by abuse from those which have a medical cause. In their contacts with children and families they should be sensitive to, and knowledgeable about, indicators suggesting the need for additional support or inquiries to prevent or identify abuse and neglect. |
2.11.88 |
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. |
2.11.89 |
Paediatricians will sometimes be required to provide reports for child protection investigations, civil and criminal proceedings and appear as witnesses to give oral evidence. They must always act in accordance with guidance from the General Medical Council and professional bodies, ensuring their evidence is accurate. |
2.11.90 |
The core and case dependent skills required are outlined in detail in Guidance on Paediatric Forensic Examinations in Relation to Possible Child Sexual Abuse (Royal College of Paediatrics and Child Health and the Association of Forensic Physicians, 2004) |
2.11.91 |
Some paediatricians will act as independent expert witnesses in legal proceedings. See the Expert Witness Guidance (British Medical Association, 2006), at www.bma.org.uk. |
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2.11.92 |
All other health professionals and staff who provide help and support to promote children's health and development should be supported by their agencies, and have the professional competences outlined in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
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2.11.93 |
In order to fulfil their obligations to safeguard children and promote their welfare, adult mental health services must: * Have systems and arrangements in place; This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.94 |
Adult mental health services, including older adult's services, have a duty to safeguard and promote the welfare of children. These services can include inpatient and community, forensic, specialist services, psychological therapies, allied health services, alcohol and substance misuse and learning disability services. All mental health staff who work with adults in whatever type of agency and whatever their role must comply with these London Child Protection Procedures. Consultation, supervision and training resources regarding child protection should be available and accessible in each service. |
2.11.95 |
Contact between adults with mental health problems (including parents) and children will not necessarily indicate a risk of abuse or neglect to the child; any abuse or neglect will be the result of the adult's behaviour rather than any mental health problem in itself. However, children who are cared for by an adult with severe and enduring mental health problems are likely to be children in need within the terms of the Children Act 1989. Services have a responsibility to the following children:
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2.11.96 |
Adult mental health services may play a role in relation to safeguarding and promoting the welfare of children in one or more of the following ways:
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2.11.97 |
In addition to the professional competences outlined in section 2.3.3, adult mental health service staff should:
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2.11.98 |
Adult mental health services may be working with an adult whose child is also known to CAHMS so this should be checked. |
2.11.99 |
Adult mental health services may be working with an adult who discloses they were abused in childhood. Other children may currently be at risk from the same abuser. Professionals must inform the service user of their professional duty to safeguard children and endeavour to ascertain whether the past abuser is currently in contact with children who could be currently at risk of harm which may need to be referred to LA children's social care or the police. |
2.11.100 |
Adult mental health professionals must identify service users who are pregnant, are parents or who have regular access to children whether they reside with children or not. Professionals should consider any risk to children as part of their risk assessments and where appropriate share information with LA children's social care. |
2.11.101 |
When adult mental health services and children's social care services are both involved with a family, ideally joint assessments should be carried out to assess parent support needs and risk of harm to the child, involving other services such as primary care as appropriate. |
2.11.102 |
Children should be given an opportunity to contribute to assessments as they often have good insight into the patterns and manifestations of their parent's mental ill-health. Consideration should be given as to whether a child is a young carer and eligible for a child in need assessment. See section 5.47. Young carers. |
2.11.103 |
Care Programme Approach (CPA) assessments and meetings for adults who are parents must include an ongoing perspective on the needs and risk factors for the children concerned. LA children's social care should be invited to contribute if they are involved with a family or risks and needs have been identified that justify their involvement. |
2.11.104 |
Strategy meetings / discussions can be called by any agency involved with the child or adult receiving mental health services in order to share information and make future plans to safeguard the child. Mental health professionals can call strategy meetings / discussions and they must be included in strategy meetings / discussions, child protection conferences or associated meetings if a mental health service user is involved. |
2.11.105 |
Mental health inpatient services should have written policies regarding the welfare of children and particularly the visiting of inpatients by children. See section 5.39. Psychiatric wards and facilities (children visiting). |
2.11.106 |
Adult mental health services should work with Local Safeguarding Children Boards to ensure that inter-agency / disciplinary protocols are in place for close inter-agency collaboration. |
2.11.107 |
For further information see Royal College of Psychiatrists Reports including Patients as Parents and Child Abuse and Neglect: the role of Mental Health Services, both available to download free at: www.rcpsych.ac.uk. |
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2.11.108 |
Mental Health Trusts usually provide services across several local authority areas and from a large number of sites in the community and in hospitals. Most services are integrated with local authority adult mental health services. Services are provided for patients with severe and enduring mental illness and can include CAMHS, community mental health teams, home treatment teams, assertive outreach services, specialist addictions services, crisis intervention services, psychiatric liaison services in hospital, forensic services, acute inpatient services, medium secure inpatient services, etc. |
2.11.109 |
Mental Health Trusts are as a minimum required to identify a named nurse and a named doctor but may wish to appoint additional staff to ensure each borough and service has access to specialist support. Mental Health Trusts may also call on their social work staff to fulfil this role. |
2.11.110 |
It is important that named professionals for safeguarding children have experience and understanding of both child welfare / multi-agency child protection practice and adult mental health services and mental illness. They can play a key role in bridging adult and children's services. |
2.11.111 |
Named professionals in Mental Health Trusts will be expected to contribute to the work of Local Safeguarding Children Boards to ensure adult mental health services take full account of their child protection responsibilities and ensure the range of children's services have an understanding of the role of adult mental health services. |
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2.11.112 |
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 (HSC 1999/222 / LAC [99] 32), to NHS Trusts. See section 5.39. Psychiatric wards and facilities (children visiting). |
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2.11.113 |
In order to fulfil their obligations to safeguard children and promote their welfare, alcohol and drug services must: * Have systems and arrangements in place; This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.114 |
Addictions services should be linked to the relevant agencies at local level through Drug Action Teams, which comprise, as a minimum, health, LA children's social care, education and police representatives. |
2.11.115 |
Arrangements should be in place between Drug Action Teams and LA children's social care for timely identification, referral and joint-assessment of families where a child (including an unborn child) may be at risk of harm through their parent's substance misuse. |
2.11.116 |
Where children may be suffering significant harm because of their own substance misuse, or where parental substance misuse may be causing such harm, referrals will 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. |
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2.11.117 |
In order to fulfil their obligations to safeguard children and promote their welfare, dental services must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.118 |
Dental care practitioners and professionals (dental therapists, dental hygienists, dental nurses, etc.) may see vulnerable children both within health care settings and when undertaking domiciliary visits. They may identify injuries to the head, neck, face, mouth and teeth, in addition to potentially identifying other child welfare concerns. |
2.11.119 |
All dental teams should:
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2.11.120 |
The dental team should ensure that they have the knowledge and skills to identify concerns regarding a child's welfare, know how to refer to LA children's social care, and know who to contact for further advice, including the named and designated professionals in the PCT. |
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2.11.121 |
In order to fulfil their obligations to safeguard children and promote their welfare, optometrists must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.122 |
Optometrists are part of the wider health care team. They and their staff are likely to be involved in safeguarding children in two main ways. They may:
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2.11.123 |
Optometrists and their staff should be alert to potential indicators of abuse or neglect in children, and know how to act appropriately (i.e. know how to refer to LA children's social care and who to contact for further advice – including the named and designated professionals in the PCT). |
2.11.124 |
All optometrists and their staff should:
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2.11.125 |
Consider accessing additional information on The Trust in the Doctor / Patient Relationship Guidance for doctors and patients on professional boundaries, available at: www.bma.org.uk. |
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2.11.126 |
In order to fulfil their obligations to safeguard children and promote their welfare, pharmacists must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.11.127 |
Pharmacists should have knowledge and skills to identify concerns regarding a child's welfare, know how to refer to children's social care and who to contact for further advice – including the named and designated professionals in the PCT. |
2.11.128 |
Pharmacists are encouraged to become special interest practitioners for safeguarding children and young people by extending their competences and skills within the formally accredited Practitioners with Special interests (PwSis) framework - [Guidance and Competences for the Provision of Services using Practitioners with Special Interests (PwSis): safeguarding children and young people (Royal College of General Practitioners)]. |
2.11.129 |
Pharmacists prescribing emergency hormonal contraception (EHC) to minors should have enhanced training in the recognition and referral for sexually abused and sexually exploited children. |
2.11.130 |
Pharmacists have a responsibility for ensuring that any staff working closely (and alone) with children are vetted and have clear Criminal Records Bureau checks. |
2.12 |
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Territorial police (also known as borough police) |
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2.12.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the territorial police must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.12.2 |
The main roles of the police are to uphold the law, prevent crime and disorder and protect the citizen. Children, like all citizens, have the right to the full protection offered by the criminal law. The police have a duty and responsibility to investigate all criminal offences and, as Lord Laming pointed out in his report into the circumstances leading to the death of Victoria Climbié (2003), 'the investigation of crimes against children is as important as the investigation of any other serious crime and any suggestions that child protection policing is of lower status than any other form of policing should be eradicated.' |
2.12.3 |
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 guidance on 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). |
2.12.4 |
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 Children Act 2004 places a wider duty on the police to safeguard and promote the welfare of children. They also maintain relevant UK-wide databases, such as VISOR, the Violent and Sexual Offenders Register. This has been developed jointly between the police and probation service to assist management of offenders in the community. Through the Safeguarding Vulnerable Groups Act 2006 the Government plans to establish a new integrated Vetting and Barring Scheme in 2008, which will regulate all those who work with children (and vulnerable adults), and will rely on regularly updated police information. It is not the intention that the police will deploy resources into areas which are not in their normal range of duties, and separate guidance is available to help the police to carry out this responsibility, but officers engaged in, for example, crime and disorder reduction 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. |
2.12.5 |
The police hold important information about children who may be at risk of harm in addition to those who may cause such harm. They are committed to sharing information and intelligence with other agencies where this is necessary to protect children. This includes a responsibility to ensure those officers representing the service at a child protection conference are fully informed about the case and experienced in risk assessment and the decision-making process. Similarly, they can expect other agencies to share with them information and intelligence they hold to enable the police to carry out their duties. |
2.12.6 |
For further information see the Protocol on the Exchange of Information in the Investigation and Prosecution of Child Abuse Cases (2003), developed by CPS, ACPO, LGA, ADSS; endorsed by HO, DfES and Welsh Assembly. |
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2.12.7 |
The police are responsible for the gathering of evidence in criminal investigations. This task can be carried out in conjunction with other agencies but the police are ultimately accountable for the product of criminal enquiries. Any evidence gathered may be of use to local authorities (e.g. local authority solicitors preparing civil proceedings to protect a child) and others (e.g. employer's human resources departments dealing with concerns about members of staff / volunteers). The Crown Prosecution Service (CPS) should be consulted, but evidence will normally be shared if it is in the best interests of the child. |
2.12.8 |
The police should be notified as soon as possible by LA children's social care wherever a case referred to them involves a criminal offence committed, or suspected of having been committed, against a child. Other agencies should also share such information wherever possible. This does not mean in all such cases a full investigation will be required, or there will necessarily be any further police involvement. It is important, however, to ensure the police are informed and consulted so all relevant information can be taken into account before a final decision is made by any agency about action in a given case. |
2.12.10 |
Decisions about instigation of criminal proceedings are made by police and the CPS, whenever possible after consultation with other agencies and the decision is primarily based upon:
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2.12.10 |
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 from, or at risk of, significant harm. Such powers should be used only when necessary, the principle being that wherever possible a decision to compulsorily remove a child from a parent should be made by a court. For detailed guidance see Home Office Circular 44/2003. |
2.12.11 |
All police (including territorial officers / criminal investigations department (CID) officers) must ensure that when they deal with any incident or report where children are concerned, involved or present (e.g. an incident of domestic violence) they complete a Merlin child coming to notice form (previously Form 78) and immediately dispatch this to the police CAIU. The CAIU detective sergeant ensures that a risk assessment is undertaken depending on the information. At the conclusion of that assessment, a decision will be made on whether to send to relevant agencies (however, they are always sent to LA children's social care). Not all Merlin entries will be sent to agencies, only those that reach a threshold of significant harm or likely to have suffered significant harm. |
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2.12.12 |
In order to fulfil their obligations to safeguard children and promote their welfare, the Child abuse investigation unit (CAIU) must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.12.13 |
The Metropolitan Police Child Abuse Investigation Command (CAIC) operates CAIUs in all London boroughs. There are four regions (north, south, east and west), and each region is managed by a detective chief inspector. Each CAIU is managed by a detective inspector. The CAIC also operates with two major investigation teams that investigate child homicides and complex abuse cases. The paedophile unit is the proactive investigative side of the CAIC, tackling predatory paedophiles and, together with the computer crime unit, investigating child abuse on the internet. |
2.12.14 |
The CAIC also have a unit based at Heathrow Airport who safeguard children at London ports. The Metropolitan Police have access to a database titled IMPACT Nominal Index (INI) to check which forces (UK-wide) hold information on a particular individual. Each CAIU has access to this system. However, this system will only be searched on receipt of a s47 referral or request for information using form 87B (available at: www.londonscb.gov.uk), and the process can be slow. Therefore, on occasions there may be a delay. |
2.12.15 |
The system has greatly enhanced the police's ability to contribute to inter-agency requests in addressing perceived risks. The INI capability draws on a number of police databases including child protection, domestic violence, crime, custody and intelligence as an investigation tool enables access to information that may not be on the Police national computer. |
2.12.16 |
The CAIU provides a 24 hour service to:
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2.12.17 |
The CAIU terms of reference are to record and investigate all suspicions or allegations of crime that come within the scope of the term 'child abuse' in co-operation with local authorities and other appropriate agencies:
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2.12.18 |
Investigations falling within the above terms of reference will be conducted by the appropriate CAIU depending on the location of the incident and where the child lives. |
2.12.19 |
Investigations, outside the CAIU terms of reference, will be dealt with (to the same standard) by CID officers from the police station which covers the area in which the offence occurred. |
2.13 |
Children and Family Court Advisory and Support Service (CAFCASS) |
2.13.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the Cafcass must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.13.2 |
Cafcass has a duty under s12(1) of the Criminal Justice and Courts Services Act 2000 to safeguard and promote the welfare of children involved in family proceedings in which their welfare is, or may be, in question. |
2.13.3 |
Cafcass's functions are to:
|
2.13.4 |
Cafcass Officers have different roles in private and public law proceedings. These roles are denoted by different titles:
|
2.13.5 |
Cafcass staff must refer any child protection concerns to LA children's social care without delay, in line with section 6. Referral and assessment. |
2.13.6 |
Cafcass will also notify LA children's social care where allegations of, or information about, domestic violence are brought to its attention during private law proceedings. |
2.13.7 |
Cafcass carry out visit screening / assessments in respect of all private law applications. This screening will include checks with LA social care services and police criminal records. Requests for these checks should be responded to promptly in order to ensure that children in private law proceedings are safeguarded. |
2.13.8 |
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. |
2.13.9 |
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. |
2.14 |
|
2.14.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, London probation service must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.14.2 |
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:
|
2.14.3 |
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 section 13. Risk management of known offenders. |
2.14.4 |
Probation staff may become involved with cases which are relevant to child protection:
|
2.14.6 |
Probation staff must refer a child to LA children's social care if they are concerned that they may be in need or at risk of significant harm. |
2.14.7 |
All offenders referred to the probation service are assessed in terms of their risk level and needs by use of a standard assessment tool (OASys). Those assessed as high or very high risk are dealt with by means of the statutory Multi-Agency Public Protection Arrangements (MAPPA) – see section 13.6 for risk management of adult sexual and violent offenders under the MAPPA. |
2.14.8 |
Offender managers should ensure there is clarity and communication between MAPPA and other risk management processes (e.g. in the case of safeguarding children, procedures covering registered sex offenders, domestic abuse management meetings, child protection procedures and procedures for the assessment of persons identified as presenting a risk or potential risk to children). See section 13. Risk management of known offenders. |
2.14.9 |
The probation service victim liaison officer should consult LA children's social care in cases where the victim is a child. |
2.14.10 |
Probation policy and procedures for the assessment and management of risk of harm for the London probation area are common to all London boroughs. |
2.14.11 |
When working with any member of a family where child abuse is known or thought to have occurred and where the child remains in the care of or has contact with the abuser, the probation staff must liaise closely with LA children's social care and any other relevant agencies (the exception is where child has been removed and has no planned contact). |
2.15 |
|
2.15.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the courts must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.15.2 |
Children experience the justice system in various other ways: in family proceedings, as victims of and witnesses to crimes or if the child commits an offence. |
2.16 |
|
2.16.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the Crown Prosecution Service must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.17 |
|
2.17.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the Prison Service and high security hospitals must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.17.2 |
Governors of prisons (or, in the case of contracted prisons, their directors) have a duty to make arrangements to ensure their functions are discharged with regard to the need to safeguard and promote the welfare of children, not least those who have been committed to their custody by the courts. |
2.17.3 |
In particular Governors / Directors of women's establishments which have mother and baby units have to ensure 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 residence on the unit. |
2.17.4 |
Governors / Directors of all prison establishments must have arrangements in place 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 and particularly children. Restrictions will be 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 risk to children will not be allowed contact with children unless a favourable risk assessment has been undertaken, see section 5.8. Custodial settings (children visiting). This assessment will take into consideration information held by the police, probation, prison and LA children's social care. |
2.17.5 |
The views of the child or young person will be an important element of the assessment. When seeking the views of the parent (person with parental responsibility) regarding contact, it is important that the child's views are sought. In the letter to the child's parents it should be emphasised that the child's views should be taken into account. If a child is able to make an informed choice, these views must be considered. LA children's social care staff will ascertain the views of the child during the home visit. |
2.17.6 |
When there are plans to release a prisoner convicted of an offence against children, prisons are required to notify the LA children's social care and probation service in the area in which the offender intends to be resettled on release. This notification enables enquiries to be made regarding potential risk posed to children. Governors of prisons should ensure they have adequate representation on their Local Safeguarding Children Board. |
2.17.7 |
The high security hospitals (Ashworth, Broadmoor and Rampton) have a duty to implement child protection policies, liaise with the LSCB in their area, provide safe venues for children's visits and provide nominated officers to oversee the assessment of whether visits by specific children would be in their best interests. LA children's social care services may assist by assessing if it is in a particular child's best interests to visit a named patient, see section 5.39. Psychiatric wards and facilities (children visiting). |
2.18 |
|
2.18.1 |
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. |
2.18.2 |
The Youth Justice Board (YJB) has a statutory responsibility under the Crime and Disorder Act 1998 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. |
2.18.3 |
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:
|
2.18.4 |
All these establishments have a duty to effectively safeguard and promote the welfare of children and young people, which should include:
|
2.18.5 |
In order to fulfil their obligations to safeguard children and promote their welfare, the secure estate for children must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. Local authorities, LSCBs, YOTs and secure establishments should have agreed protocols setting out how they will work together and share information to safeguard and promote the welfare of children and young people in secure establishments. |
2.18.6 |
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. They should receive appropriate training to enable them to fulfil these duties. 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:
|
2.18.7 |
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. |
|
|
2.18.8 |
Young offender institutions (YOIs) are facilities run by both the Prison Service and the private sector and accommodate 15 to 17 year olds. Young people serving Detention and Training Orders can be accommodated beyond the age of 17 subject to child protection considerations. The majority of YOIs accommodate male young people, although there are four dedicated female units |
2.18.9 |
The statutory responsibility for YOI's to safeguard and promote the welfare of the children in their care falls to the Governor of the establishment, who is required to have regard to the policies agreed by the Prison Service and the YJB for safeguarding and promoting the welfare of children held in custody. The arrangements are published in Prison Service Order 4950 Juvenile Regimes and should be discharged in consultation with the Local Safeguarding Children Board (LSCB) for the area. The Governor must represent the YOI on the Local Safeguarding Children Board. |
2.18.6 |
For more detail on the requirements and expectations of YOI safeguarding practice, see Prison Service Order 4950 Juvenile Regimes, at: http://pso.hmprisonservice.gov.uk/PSO_4950_regimes_for_juveniles.doc. |
2.18.8 |
Governors of YOIs must ensure that a multi-agency child protection committee, chaired by a senior member of staff, is in place within the establishment. Minimum core membership should include:
|
2.18.9 |
Key objectives of the committee will be to:
|
2.18.10 |
The same measures should apply to children in other custodial settings, such as children in adult prison settings or immigration detention centres. |
Secure Training Centres |
|
2.18.11 |
Secure training centres (STCs) are purpose-built centres for young offenders up to the age of 17. STCs can accommodate both male and female young people who are held separately. They are run by private operators under contracts, which set out detailed operational requirements. There are four STCs in England |
2.18.12 |
STCs focus on childcare and considerable time and effort is spent on individual needs so that on release young people are able to make better life choices. Each STC has a duty to protect and promote the welfare of those children in its custody. Directors must ensure that effective safeguarding policies and procedures are in place that explain staff responsibilities in relation to safeguarding and welfare promotion. These arrangements must be established in consultation with the local LSCB. |
2.18.13 |
In particular, internal policies and procedures must give clear direction to staff about their safeguarding responsibilities and the responsibility to ensure that when appropriate s47, Children Act 1989. |
|
|
2.18.14 |
Most secure children's homes (SCHs) are run by local authority children's social care. They can also be run by third sector organisations. They accommodate children and young people who are placed there on a secure welfare order for the protection of themselves or others, and for those placed under criminal justice legislation by the Youth Justice Board. SCHs are generally used to accommodate young offenders aged 12 to 14, girls up to the age of 16, and 15 to 16 year old boys who are assessed as vulnerable. |
2.18.15 |
SCHs, like all children's homes, are registered and inspected by Ofsted and must comply with the Children's Homes Regulations 2001 and meet the Children's Homes National Minimum Standards, both of which cover a range of issues including child protection. |
|
|
2.18.16 |
In order to fulfil their obligations to safeguard children and promote their welfare, Youth offending teams (Yots) must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.18.17 |
The duties of the Yot are to co-ordinate the provision of youth justice services for all those in the local authority's area who need them, and to carry out other duties under the Crime and Disorder Act 1998. Yots have contact with both victims and perpetrators of crime, and their families, therefore there may be occasions when professionals identify circumstances in which action by LA children's social care is required. Due to the multi-disciplinary nature of Yots, they are well placed to fulfil their responsibilities under s11 of the Children Act 2004. |
2.18.18 |
Recommendations for the role of Yot's in the safeguarding of children are contained in the thematic inspection report From Arrest to Sentence (HM Inspectorate of Probation, 2005). |
2.18.19 |
A number of the children who are supervised by Yots will be children in need, some of whose needs will require safeguarding. There should therefore be clear links between youth justice services and LA children's social care, both at a strategic level and at a child-specific operational level. |
2.18.20 |
The responsibilities set out below apply not only to the mainstream Yot, but also to initiatives under the prevention agenda, and professionals / agencies contracted to provide services on behalf of the Yot. Yots have a duty to make arrangements to ensure their functions are discharged, having regard to the need to safeguard and promote the welfare of children, and to this end must ensure the following arrangements are in place:
|
2.18.21 |
In addition:
|
2.19 |
|
2.19.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the armed forces must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.19.2 |
Responsibility for the welfare of armed forces families is vested in the employing service and specifically in the commanding officer. The frequency of moves makes it imperative that armed forces authorities are fully aware of any child deemed at risk of harm. |
2.19.3 |
All three services provide professional welfare support to augment that provided by the local authority. When service personnel (or civilians working with the armed forces) are based overseas, the service responsibility is widened to include the protection of their children. |
2.19.4 |
The service authorities should co-operate with statutory agencies and support service families where child abuse or neglect occurs or is suspected. The information they hold on any family can help in the assessment and review of child protection cases. Service authorities may also hold information on ex-service families, which may help with current enquiries. |
|
|
2.19.5 |
Service authorities, through their internal instructions, are made aware that the primary responsibility for the protection of children is with the local authority and assistance should be given to enable it to fulfil its statutory obligations. |
2.19.6 |
Incidents of child abuse and neglect, indicating serious harm or injury, should be referred to LA children's social care for enquiries and if appropriate conference and registration. |
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|
2.19.7 |
The provision of secondary welfare support to Army families in the UK is the responsibility of the Army Welfare Service (AWS). |
2.19.8 |
Where a child from an Army family is subject of a child protection enquiry, contact should be made immediately with the local AWS personal support. |
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|
2.19.9 |
The station's personnel department, usually the Officer Commanding Personnel Management Squadron (OCPMS), generally manages welfare support in the RAF. |
2.19.10 |
The department liaises and works closely with the Soldiers, Sailors, Air Force Association – Forces Help (SSAFA - FH) social work assistant, and a professionally qualified social work adviser. |
2.19.11 |
In the event of a child protection enquiry, LA children's social care service liaison should be with the OCPMS and the SSAFA - FH social work adviser for the area. |
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|
2.19.12 |
All child protection matters are handled by the Naval Personal and Family Service (NPFS), the Royal Navy's own social work department. |
2.19.13 |
In the event of a child protection enquiry, LA children's social care service liaison should be with the NPFS, who are able to discuss and facilitate service action on behalf of families. |
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2.19.14 |
Local authorities should ensure that SSAFA is made aware of any service child on the register whose family is about to move overseas. SSAFA should confirm the existence of appropriate resources in the proposed overseas location to meet identified needs. Full documentation should be provided to SSAFA. |
2.19.15 |
SSAFA - FH provides, at the request of the Ministry of Defence (MOD), a qualified social work and health visiting service to families of all services overseas. |
2.19.16 |
Procedures exist in all three services for the registration and monitoring of the protection of children, and the usual rules of confidentiality are observed. |
2.19.17 |
When it appears a child is in need of emergency protection, a designated person may make an application for a protection order [ss19-22 Armed Forces Act 1991] to a commanding officer. This order may last up to a maximum of 28 days, subject to review every 7 days by a senior officer. If a case conference decides, whilst the order is in force, that it is not in the child's best interests to return to their parents, the child will be removed to the care of an appropriate local authority in the UK. |
2.19.18 |
Assistance will be given to parents to return to the UK so they can be involved with all proceedings and decisions affecting their child. |
2.19.19 |
The protection order, made in the overseas command, remains in effect for 24 hours following the arrival of the child in the UK. During this period the local authority must decide whether to apply to the UK court for an emergency protection order (EPO). |
2.19.20 |
When a service family with a child in need of protection is about to return to the UK, SSAFA or the NPFS is responsible for informing the relevant local authority and ensuring that full documentation is provided to assist in the management of the case. |
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|
2.19.21 |
All US forces in London are subject to English law and therefore all reports of significant harm to children involving American military personnel should be reported to the relevant borough's LA children's social care. |
2.19.22 |
Each LA with a US base in its area should establish liaison arrangements with the base commander and relevant staff. The requirements of the English child welfare legislation should be clearly explained so that local authorities can fulfil their statutory duties. |
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2.19.23 |
The Commander for U.S. Naval Activity in the U.K. has in place a child protection service which investigates all reported cases of child abuse, provides safety responses and case manages all known reports through the Navy's Family Advocacy Program. |
2.19.24 |
Good joint working between the U.S. Navy family advocacy representative and British child protection agencies will ensure that all mandatory reporting requirements for both systems are met. |
2.19.25 |
Incidents of child abuse and neglect, indicating serious harm or injury, should be referred to the LA children's social care service for enquiries and if appropriate conference and registration. |
2.19.26 |
Information must be shared to ensure proper professional assessment, including video / audio recording, photographs and medical reports. |
2.20 |
|
2.20.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the immigration service must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.20.2 |
The United Kingdom Border Agency (UKBA) does not directly provide services to children 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 who are in the UK. See the Statutory guidance to the UK Border Agency on making arrangements to safeguard and promote the welfare of children (HO & DCSF, 2009) at the Home Office website. |
2.20.3 |
UKBA's main contributions to safeguarding and promoting the welfare of children include:
|
2. 20.4 |
Other elements of the UKBA's contribution include:
|
2.20.5 |
All unaccompanied asylum seeking children should be referred to LA children's social care. Immigration officers who have contact with children on arrival in the country and staff at the asylum screening unit (ASU) in Croydon to whom 'post entry' applications for asylum are made, must refer to the relevant LA children's social care if they have concerns about the future safety of any child. |
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2.20.6 |
In accordance with the Council of Europe Convention on Action against Trafficking in Human Beings (the Convention) the UK operates a National Referral Mechanism (NRM) for victims of human trafficking. Under the NRM framework the details of children identified as vulnerable as a result of a suspicion of trafficking 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. |
2.20.7 |
These 'competent authority' teams consider all relevant information, including any provided by LA 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. |
2.20.8 |
See section 5.43 Trafficked and exploited children. Also the London Safeguarding Children Trafficked Children Toolkit. |
2.21 |
|
2.21.1 |
The Refugee Council assists families into the National Asylum Support Service through the provision of advice about available options and help with paperwork. |
2.21.2 |
Unaccompanied asylum seeking children are provided with support and advice through the Refugee Council's children's panel. |
2.21.3 |
The support provided may be through individual allocation to a casework adviser or via the drop in service in Brixton, and will focus on:
|
2.21.4 |
Referrals may be self-referrals, from the immigration and nationality department, legal representatives or from local authorities and community groups. |
2.21.5 |
The Refugee Council has its own child protection policy and procedures and all staff receive basic induction training, with further input for those directly working with children. |
2.21.6 |
If a child is identified as in need of support or in need of protection a referral will be made to the relevant LA children's social care. |
2.21.7 |
The Refugee Council's advice line is: 020 7346 6777. |
2.22 |
The London Fire Brigade (London Fire and Emergency Planning Authority (LFEPA)) |
2.22.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the London Fire Brigade must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.22.2 |
Whilst the London Fire Brigade (the Brigade) has no express or direct statutory duties towards children beyond those it owes the public at large, its safeguarding children policy fully recognises that the protection of children is everybody's responsibility and it is committed to complying with these procedures. |
2.22.3 |
The Brigade has a responsibility to ensure that its staff are aware of its safeguarding children policy and also where relevant understand the London Child Protection Procedures, in particular sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. Its staff must follow the policy and procedures if they suspect or believe that a child may be at risk of abuse, is being or has been abused. |
2.22.4 |
In order to fulfil its obligations to safeguard children and promote their welfare, the London Fire Brigade will work with the relevant authorities and communities to:
|
2.22.5 |
The Brigade operates a number of youth schemes, one of which is its Juvenile Firesetters Intervention Scheme (JFIS) which is London-wide education-based programme working with children who have demonstrated any type of fireplay or firesetting behaviour in or outside the home; from curiosity fireplay in younger children to deliberate firesetting and arson in older children. The purpose of the scheme is to stop child-set fires by educating children. Trained JFIS advisers from within the London Fire Brigade work directly with the child to address the firesetting behaviour. Where a child's needs are complex, working with other agencies may be necessary in order to address the firesetting behaviour. Family and professional referrals including referrals from fire crews, LA children's social care, CAMHS, police, schools and YOTs. |
2.23 |
|
2.23.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the London Fire Brigade must:
|
2.23.2 |
The Greater London Authority (GLA) developed its Child Policy and Protection Procedures in 2006, which are currently being revised and will reflect the new Independent Safeguarding Authority arrangements coming into force. |
2.23.3 |
While recognising that the GLA is not a child protection agency, the GLA Child Policy states that if children are to be truly protected it is essential that GLA staff contribute to the work of those with direct responsibility for the protection of children by being vigilant and acting where concerns exist. |
2.23.4 |
Direct engagement with children and young people is increasingly a core aspect of GLA business and, through their work, many GLA staff come into contact with significant numbers of children each and every year, and these, or other staff, will have access to personal information about, or photographic images of, children for GLA work. |
2.23.5 |
The GLA Child Protection Procedures guide staff to exercise due diligence and take all reasonable steps in regard to the safeguarding of children and young people. |
2.23.6 |
The Child Protection Designated Team is the Children and Young People's Unit. A protocol is in place agreed in consultation with LB Westminster and LB Southwark when that Unit determines that a referral should be made to children's services:
|
2.23.7 |
If a child protection concern comes to light to GLA staff, the LB where the child resides should be contacted. |
2.23.8 |
If the child protection concern relates to an allegation and/or behaviour of a member of staff (i.e. at City Hall), Southwark should be contacted in the first instance. |
2.23.9 |
The information provided to the GLA Child Protection Designated Team is to be recorded on a Child Protection Incident Report Form and staff are advised that they may need to be involved further if an investigation is undertaken by these authorities. |
2.23.10 |
City Hall became the 200th CitySafe Haven in London. Young people who fear for their safety whilst in the More London area (in which the GLA is located) will be offered refuge at City Hall. The CitySafe Campaign was created by London Citizens in response to street violence. |
2.24 |
|
2.24.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, the London Fire Brigade must:
|
2.24.2 |
Transport for London (TfL) developed its Safeguarding Children and Young People policy in 2009. For the guidance, see: the TFL website. |
2.24.3 |
TfL has no express or direct statutory duties towards children but fully recognises the need to safeguard children and young people as they are important and can be vulnerable users of our services. TfL strives to create a safe and secure transport network for all who use it but will work towards addressing any specific needs of children and young people. TfL will therefore take all reasonable measures to ensure that the risks of harm to children and young people using our services are minimised and will take appropriate actions to address concerns about their safety and security. TfL will achieve this through clear policies, guidance to staff and by working in partnership with other agencies. |
2.24.4 |
The Safeguarding policy is relevant and contains guidance for all the transport modes TfL operates, including those contracted service providers such as London Buses, London Underground, London Overground, Tramlink and Docklands Light Railway. |
2.24.5 |
Transport for London will meet its responsibilities to safeguarding children in the following ways:
|
2.24.6 |
TfL are currently in the process of developing a Youth Strategy which will capture a vast range of activities it promotes under the headings of:
|
2.25 |
|
2.25.1 |
In order to fulfil their obligations to safeguard children and promote their welfare, private and third sector agencies must:
This should be undertaken in accordance with sections 2.2. Statutory duties, 2.3. Responsibilities shared by all agencies and 2.3.18 Working with the public / local communities. |
2.25.2 |
Third sector agencies and private sector providers play an important role in delivering services for children, including in early years and day care provision, family support services, youth work and children's social care and health care. Many third sector agencies are skilled in preventative work and may be well placed to reach the most vulnerable children and their families. |
2.25.3 |
Third sector agencies also deliver advocacy for looked-after children and for parents and children who are the subject of s47, Children Act 1989 enquiries and child protection conferences. The services they offer include therapeutic work with children and their families, particularly in relation to child sexual abuse; specialist support and services for children with disabilities or health problems; and services for children abused through sexual exploitation and for children who harm other children. |
2.25.4 |
Some third sector agencies operate free 24 hour national help lines. Parentline Plus (0808 800 2222) offers support to anyone parenting a child. Helplines provide important routes into statutory and third sector services. See also the NSPCC helplines in sections 2.25.15 and 2.25.16. |
2.25.5 |
Third sector agencies also play a key role in providing information and resources to the wider public about the needs of children, and resources to help families. Many campaign on behalf of groups on specific issues. |
2.25.6 |
The NSPCC is the only third sector agency authorised to initiate proceedings to protect children under the terms of the Children Act 1989, but this is rare. Third sector agencies often play a key role in implementing child protection plans. |
2.25.7 |
The third sector is active in working to safeguard the children for whom it provides services. There is a range of umbrella and specialist agencies, including the national governing bodies for sports, which offer service standards, guidance, training and advice for third sector agencies on keeping children safe from harm. For example, the Child Protection in Sport Unit (CPSU), established in partnership with the NSPCC and Sport England, provides advice and assistance on developing codes of practice and child protection procedures to sporting agencies. |
2.25.8 |
Where independent agencies have a formal relationship with statutory ones (e.g. subject to registration and inspection or contracted to provide services), the statutory agencies may reasonably be expected to provide clear advice and assistance. |
2.25.9 |
Paid and volunteer staff need to be aware of their responsibilities for safeguarding and promoting the welfare of children and how they should respond to child protection concerns. Private and third sector agencies and community groups need to work effectively with the Local Safeguarding Children Board in their area. Similar to statutory sector agencies, they should have appropriate arrangements in place, including:
See also appendix 2. Third sector agencies and community groups keeping children safe. |
2.25.10 |
Private and third sector agencies and community groups should develop their arrangements in line with these London Child Protection Procedures, with appropriate support of the LSCB in their area (see also the requirements in section 2.25.22. Faith communities). |
2.25.11 |
Whenever there is concern that a child has been abused or neglected, or has perpetrated significant physical or sexual harm on another child, the paid or volunteer staff member who first becomes aware of the concern must make a referral without delay to the LA children's social care for the area in which the child lives, in line with section 6. Referral and assessment. The staff member may want to discuss the concern with their agency's nominated child protection adviser – however, this should not delay the referral. |
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2.25.12 |
The National Society for the Prevention of Cruelty to Children (NSPCC) is the major national charity with a duty to protect children from abuse and neglect. The NSPCC has the statutory power to bring care proceedings in its own right, although this is now very unusual. |
2.25.13 |
LA children's social care services may commission the NSPCC to undertake specific child protection related work, including s47 enquiries and 'special investigations'. |
2.25.14 |
The NSPCC also provides services for children and families and has the same responsibilities in this respect as other third sector agencies. |
2.25.15 |
The NSPCC operates a national 24 hour Child Protection Helpline (0808 800 5000), offering advice to adults and children worried about a child's safety or welfare. The Helpline accepts referrals and passes the information to the relevant LA children's social care services. The service can usually provide an interpreter, if one is requested at the beginning of a call. There is a free textphone service (0800 056 0566) for adults or children who are deaf or hard of hearing. The NSPCC's Asian child protection helpline provides advice in Bengali (0800 096 7714), Gujurati (0800 096 7715), Hindi (0800 096 7716), Punjabi (0800 096 7717), Urdu (0800 096 7718) and Asian/English (0800 096 7719). |
2.25.16 |
The NSPCC also operates a free 24 hour national helpline, ChildLine (0800 1111), for all children who need advice about abuse, bullying, and other concerns. |
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2.25.17 |
Many children regularly attend sports clubs and all such agencies should have their own child protection procedures and training for relevant staff and volunteers. |
2.25.18 |
The NSPCC Child Protection in Sport Unit (CPSU) works in partnership with Sport England and other major sports agencies to develop safeguards for children in sport. |
2.25.19 |
In partnership with Ladbrokes, the NSPCC has issued a free leaflet and checklist of questions (Have Fun Be Safe) that parents should ask for from agencies offering sports activities for children (available from NSPCC and Ladbrokes shops). |
2.25.20 |
The child protection procedures instruct individuals to seek advice or make referrals to the NSPCC helpline, LA children's social care or the police. |
2.25.21 |
Where suspected abuse occurs within a football setting, the FA head of education and child protection should be informed of the concerns and will provide information for any relevant child protection enquiries and strategy meetings / discussions. |
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2.25.22 |
Churches, other places of worship and faith-based agencies provide a wide range of activities for children and young people. They are some of the largest providers of children's 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 agencies will have various degrees of contact with children. |
2.25.23 |
Like other agencies that work with children, churches, other places of worship and faith based agencies need to have appropriate arrangements in place for safeguarding and promoting the welfare of children. All faith communities, with support from nominated individuals in the local LSCB, should be encouraged to develop and maintain their own child protection procedures, consistent with these London Child Protection Procedures. In particular, these should include:
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2.25.24 |
Faith communities should ensure that all clergy, staff and volunteers who have regular contact with children:
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2.25.25 |
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. Appendix 2. Third sector agencies and community groups keeping children safe. describes arrangements in relation to staff in greater detail. |
2.25.26 |
Churches and faith communities must have in place effective arrangements for safely allowing sexual and violent offenders 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'. |
2.25.27 |
Churches and faith agencies can seek advice on child protection issues from the Churches' Child Protection Advisory Service (CCPAS). CCPAS can help with policies and procedures; its guidance to churches manual can assist churches and its safeguarding children and young people can assist other places of worship and faith-based groups. |
2.25.26 |
CCPAS provides a national (24 hour) telephone helpline for churches, other places of worship and faith-based groups and individuals, providing advice and support on safeguarding issues (0845 120 45 50). |
2.25.27 |
In developing procedures for child protection, faith communities should be encouraged to:
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2.25.28 |
Whenever there is concern that a child has been abused or neglected the concern should be referred, without delay, to the duty social worker for the area in which the child lives. |
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), section 6.5 Offenders and Worship - [See MAPPA Guidance (National Offender Management Service Public Protection Unit, 2009)] |





