Working to keep Children and Young People Safe procedure & policy
Working to keep Children and Young People Safe procedure & policy
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PROCEDURES <strong>and</strong> GUIDANCE<br />
These Procedures And Guidance have Interim Status But<br />
Nevertheless<br />
Must Be Applied With Immediate Effect.<br />
Following final consultations <strong>and</strong> proofing the definitive<br />
version will be available in May 2007 In addition <strong>to</strong> these<br />
being available electronically hard copies will also be<br />
distributed
PREFACE<br />
/cle CONTENTS<br />
CONTENTS<br />
1. INTRODUCTION<br />
1.1 Background<br />
1.2 Legislation & Guidance<br />
1.3 <strong>Safe</strong>guarding And Promoting <strong>Children</strong>’s Welfare – Roles &<br />
Responsibilities<br />
1.4 Local <strong>Safe</strong>guarding <strong>Children</strong> Board – Role & Responsibilities<br />
1.5 Serious Case Reviews<br />
1.6 Child Death Reviews<br />
1.7 A Competent Workforce – Training & Development For Inter-<br />
Agency Work<br />
2. CONTEXT IN WHICH ACTION TO SAFEGUARD AND<br />
PROMOTE CHILDREN’S WELFARE IS TAKEN<br />
2.1 Supporting <strong>Children</strong> And Families<br />
1 Parenting, Family Life And Services<br />
2 The Common Assessment Framework (CAF)<br />
3 Intervening In Family Life<br />
4 An Integrated Approach<br />
5 A Shared Responsibility<br />
6 Information Sharing<br />
7 Record Keeping<br />
2.2 Key Definitions And Concepts<br />
1 Definitions<br />
2 The Concept Of Significant Harm<br />
2.3 What Is Abuse And Neglect?<br />
Physical Abuse<br />
Emotional Abuse<br />
Sexual Abuse<br />
Neglect<br />
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3. MANAGING INDIVIDUAL CASES<br />
3.1 Principles Underpinning Work To <strong>Safe</strong>guard & Promote The Welfare<br />
Of <strong>Children</strong><br />
3.2 Recognition Of Harm<br />
1 Information Given<br />
2 The Child’s Behaviour<br />
3 An Injury Which Arouses Suspicion<br />
4 Suspicion Being Raised<br />
5 Contact With A Person Known To Pose A Risk To <strong>Children</strong><br />
6 The Parent’s Behaviour Before The Birth Of A Child<br />
7 Mental Health Of Parent/Carer<br />
8 Allegations Of Harm Arising From Underage Sexual Activity<br />
9 <strong>Children</strong> Who May Be Particularly Vulnerable<br />
10 <strong>Children</strong> Abused In Specific Circumstances<br />
3.3. The Processes For <strong>Safe</strong>guarding And Promoting The Welfare Of<br />
<strong>Children</strong><br />
1 Being Alert To <strong>Children</strong>’s Welfare<br />
2 Referrals To Local Authority <strong>Children</strong>’s Social Care<br />
3 Initial Assessment<br />
4 Next Steps – Child In Need But No Suspected Actual Or Likely<br />
Significant Harm<br />
5 Next Steps – Child In Need And Suspected Actual Or Likely<br />
Significant Harm<br />
6 Strategy Discussion:<br />
7 Section 47 Enquiries And Core Assessment:<br />
8 Initial Assessment And Enquiries: Ten Pitfalls And How To<br />
Avoid Them<br />
9. Child Protection Conferences<br />
/cle CONTENTS<br />
Appendix 1 - Resolving Professional Differences Of View In Specific<br />
Cases<br />
Appendix 2 - Confirmation Of Verbal Referral<br />
Appendix 3 - Template - Minutes Of Strategy Meeting<br />
Appendix 4 - Template – GP’s Report For Child Protection Conference<br />
Appendix 5 - Template - Report For Initial Child Protection Conference<br />
(form 1)<br />
Appendix 6 - Template - Report For Review Conference (form 6)<br />
Appendix 7 - Template – Child / <strong>Young</strong> Person’s Plan (form 3)<br />
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4. INDIVIDUAL AGENCY PROCEDURES<br />
LOCAL AUTHORITY SERVICES:<br />
4.1 <strong>Children</strong>’s Social Care<br />
4.2 <strong>Children</strong>’s Learning Services<br />
4.3 Other LA Services:<br />
Housing Authorities, Registered Social L<strong>and</strong>lords<br />
Sports Culture <strong>and</strong> Leisure Services<br />
Licensing Authorities<br />
Early Years <strong>and</strong> Childcare Providers<br />
NON-LOCAL AUTHORITY SERVICES:<br />
4.4 Youth Offending Team<br />
4.5 Health Services<br />
4.6 Humberside Police<br />
4.7 National Probation Service Humberside<br />
4.8 Connexions<br />
4.9 CAFCASS<br />
4.10 Voluntary <strong>and</strong> Community Sec<strong>to</strong>r<br />
5. ADDITIONAL PRACTICE GUIDANCE<br />
5.1 Allegations Of Harm Arising From Under-Age Sexual Activity<br />
5.2 <strong>Children</strong> Living Away From Home<br />
5.3 Disabled <strong>Children</strong><br />
5.4 <strong>Children</strong> Abused By <strong>Children</strong> And <strong>Young</strong> <strong>People</strong><br />
5.5 <strong>Safe</strong>guarding <strong>Children</strong> From Abuse Through Information<br />
Communication Technology (I.C.T.)<br />
5.6 <strong>Children</strong> And Families Who Go Missing<br />
5.7 <strong>Children</strong> And <strong>Young</strong> <strong>People</strong> Who Run Away/Go Missing<br />
5.8 <strong>Children</strong> Abused Through Prostitution<br />
5.9 Investigating Complex (Organised Or Multiple) Abuse<br />
5.10 Forced Marriage<br />
5.11 Allegations Of Abuse Made Against <strong>People</strong> Who Work With <strong>Children</strong><br />
5.12 Visits By <strong>Children</strong> To Mental Health Units/Special Hospitals<br />
5.13 Substance Misuse In Pregnancy<br />
5.14 Pre-Trial Therapy<br />
5.15 Dealing With Complaints<br />
5.16 Managing Individuals Who Pose A Risk Of Harm To <strong>Children</strong><br />
6. CONTACTS<br />
/cle CONTENTS<br />
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PREFACE<br />
1. INTRODUCTION<br />
1.1 BACKGROUND<br />
1.2 LEGISLATION & GUIDANCE<br />
1.3 SAFEGUARDING AND PROMOTING CHILDREN’S<br />
WELFARE – ROLES & RESPONSIBILITIES<br />
1.4 LOCAL SAFEGUARDING CHILDREN BOARD<br />
– ROLE & RESPONSIBILITIES<br />
1.5 SERIOUS CASE REVIEWS<br />
1.6 CHILD DEATH REVIEWS<br />
1.7 A COMPETENT WORKFORCE – TRAINING &<br />
DEVELOPMENT FOR INTER-AGENCY WORK<br />
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PREFACE<br />
WORKING TOGETHER TO SAFEGUARD CHILDREN<br />
– GUIDELINES & PROCEDURES -<br />
“A shared responsibility <strong>and</strong> the need for effective joint working between<br />
agencies <strong>and</strong> professionals that have different roles <strong>and</strong> expertise are<br />
required if children are <strong>to</strong> be protected from harm <strong>and</strong> their welfare<br />
promoted.<br />
In order <strong>to</strong> achieve this joint working there have <strong>to</strong> be constructive<br />
relationships between individual practitioners, promoted <strong>and</strong> supported<br />
by: the commitment of senior managers <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of children; <strong>and</strong> clear lines of accountability.”<br />
<strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong><br />
- A GUIDE TO INTER-AGENCY WORKING TO SAFEGUARD AND PROMOTE<br />
THE WELFARE OF CHILDREN – HM GOVERNMENT 2006<br />
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1. INTRODUCTION:<br />
1.1 BACKGROUND<br />
The statu<strong>to</strong>ry inquiry in<strong>to</strong> the death of Vic<strong>to</strong>ria Climbiè (2003) <strong>and</strong><br />
the first joint chief inspec<strong>to</strong>rs’ report on safeguarding children<br />
(2002) highlighted the lack of priority status given <strong>to</strong> safeguarding.<br />
The Vic<strong>to</strong>ria Climbiè Inquiry revealed themes identified by past<br />
inquiries which resulted in a failure <strong>to</strong> intervene early enough.<br />
These included:<br />
Poor co-ordination<br />
A failure <strong>to</strong> share information<br />
The absence of anyone with a strong sense of<br />
accountability<br />
Frontline workers trying <strong>to</strong> cope with staff vacancies<br />
Poor management<br />
Lack of effective training<br />
(CM 5860 p5)<br />
The Government response <strong>to</strong> the Vic<strong>to</strong>ria Climbiè Inquiry <strong>and</strong> the<br />
first of the Joint Inspec<strong>to</strong>rs’ report included:<br />
Green Paper – Every Child Matters which recognises that<br />
all children deserve the opportunity <strong>to</strong> achieve their full<br />
potential. This is set out in five outcomes that are key<br />
<strong>to</strong> children <strong>and</strong> young people’s wellbeing:<br />
• Stay safe<br />
• Be healthy<br />
• Enjoy <strong>and</strong> achieve<br />
• Make a positive contribution<br />
• Achieve economic well-being<br />
A second joint Chief Inspec<strong>to</strong>rs’ report on <strong>Safe</strong>guarding children<br />
(July 2005) showed that since 2002 the priority given <strong>to</strong><br />
safeguarding children across agencies has increased <strong>and</strong> children<br />
are listened <strong>to</strong> <strong>and</strong> consulted better. However, the report identified<br />
some specific concerns about the priority given <strong>to</strong> safeguarding in<br />
practice <strong>and</strong> the safeguarding arrangements for particular groups of<br />
children, including:<br />
• Disabled children<br />
• <strong>Children</strong> living away from home<br />
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<strong>Children</strong> Act 2004 – provisions include<br />
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Creation of children’s trusts under the duty<br />
<strong>to</strong> co-operate<br />
The setting up of Local <strong>Safe</strong>guarding<br />
<strong>Children</strong> Boards<br />
The duty on all agencies <strong>to</strong> make<br />
arrangements <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of children (Education Act 2002 for<br />
Schools <strong>and</strong> Further Education Institutions<br />
To support the vision which underpins Every<br />
Child Matters: Change for <strong>Children</strong> <strong>and</strong> the<br />
provisions in the <strong>Children</strong> Act 2004 are five<br />
documents which can be accessed through<br />
http://www.everychildmatters.gov.uk/public<br />
ations/<br />
• (1) Inter-Agency Co-operation <strong>to</strong> Improve Wellbeing<br />
of <strong>Children</strong>: <strong>Children</strong>’s Trusts describes the duties<br />
placed on local authorities <strong>and</strong> other key partners <strong>to</strong> cooperate<br />
<strong>to</strong> improve the wellbeing of children <strong>and</strong> young<br />
people. The guidance sets out the features of cooperation<br />
through children’s trusts <strong>and</strong> provides a strategic<br />
framework within which all children’s services in an area<br />
will operate.<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>practice/search/IG00012/<br />
• “Wellbeing” is based on five outcomes; their achievement<br />
of these is, in part, dependent upon the effective<br />
safeguarding <strong>and</strong> promotion of children’s welfare.<br />
Statu<strong>to</strong>ry guidance on the (2) Duty <strong>to</strong> Make<br />
Arrangements <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong> Promote the Welfare<br />
of <strong>Children</strong> sets out the key arrangements agencies<br />
should make <strong>to</strong> safeguard <strong>and</strong> promote the welfare of<br />
children in the course of discharging their normal functions.<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>practice/IG00042/<br />
Where an agency has both co-operation <strong>and</strong> safeguarding<br />
<strong>and</strong> promoting welfare duties, this is because it is both a<br />
strategic body with a significant impact on children’s<br />
services within the local authority area, <strong>and</strong> also an agency<br />
with direct responsibility for the provision of services <strong>to</strong><br />
children <strong>and</strong> young people. Certain agencies are included<br />
within only one of these duties.<br />
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• Guidance on the (3) <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong>’s Plan<br />
supports the fulfilment of both the co-operation <strong>and</strong><br />
safeguarding <strong>and</strong> promoting welfare duties. The<br />
regulations <strong>to</strong> which this guidance refers require local<br />
authorities <strong>to</strong> work with partners <strong>to</strong> produce a strategic<br />
plan describing the actions <strong>and</strong> provisions by which they<br />
will achieve the five outcomes for children <strong>and</strong> young<br />
people. The removal of 19 other planning requirements will<br />
help <strong>to</strong> reduce the overall planning burden.<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>practice/search/IG00013/<br />
• Guidance on the governance, leadership <strong>and</strong> structures<br />
required within the new strategic framework is provided by<br />
(4) The Role <strong>and</strong> Responsibilities of the Direc<strong>to</strong>r of<br />
<strong>Children</strong>’s Services <strong>and</strong> the Lead Member for <strong>Children</strong>’s<br />
Services <strong>and</strong> (5) the chapter on Local <strong>Safe</strong>guarding<br />
<strong>Children</strong>’s Boards within the revised version of <strong>Working</strong><br />
Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong>.<br />
http://www.everychildmatters.gov.uk/_files/E77F49A6650<br />
FE725FED2265E639D05D6.doc<br />
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http://www.everychildmatters.gov.uk/socialcare/safeguard<br />
ing/lscb/<br />
These five core documents should be used alongside other key <strong>policy</strong><br />
<strong>and</strong> planning documents relating <strong>to</strong> Every Child Matters. These<br />
include:<br />
• The National Service Framework for <strong>Children</strong>, <strong>Young</strong><br />
<strong>People</strong> <strong>and</strong> Maternity Services sets out a ten-year<br />
programme <strong>to</strong> stimulate long term <strong>and</strong> sustained<br />
improvement in children’s health <strong>and</strong> wellbeing. This<br />
guidance will help health <strong>and</strong> Social Care organisations <strong>to</strong><br />
meet St<strong>and</strong>ard Five on safeguarding <strong>and</strong> promoting the<br />
welfare of children <strong>and</strong> young people;<br />
http://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCa<br />
reTopics/<strong>Children</strong>Services/<strong>Children</strong>ServicesInformation/fs/en<br />
• Every Child Matters: Change for <strong>Children</strong> – <strong>Young</strong><br />
<strong>People</strong> <strong>and</strong> Drugs gives guidance on co-operation <strong>and</strong> joint<br />
planning <strong>to</strong> counter substance misuse among children <strong>and</strong><br />
young people.<br />
http://www.everychildmatters.gov.uk/_files/9660D91BB1755<br />
A6E288998AAE145297F.pdf<br />
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• Duty on Local Authorities <strong>to</strong> Promote the Educational<br />
Achievement of Looked After <strong>Children</strong> sets out the<br />
implications of the new duty in the <strong>Children</strong> Act 2004 for local<br />
authorities’ strategic planning, joint area reviews <strong>and</strong> day-<strong>to</strong>day<br />
working practices;<br />
http://www.everychildmatters.gov.uk/_files/AA4E7A197CEDF<br />
8F33A2D204F5C5F8CB9.pdf<br />
• The Framework for the Inspection of <strong>Children</strong>’s<br />
Services sets out the principles <strong>to</strong> be applied by an<br />
inspec<strong>to</strong>rate or commission assessing any children’s services,<br />
<strong>and</strong> defines the key judgements which, where appropriate<br />
<strong>and</strong> practical, inspections will seek <strong>to</strong> make.<br />
http://www.ofsted.gov.uk/publications/index.cfm?fuseaction<br />
=pubs.displayfile&id=3765&type=pdf<br />
• Sharing Information: Practitioners Guide <strong>and</strong> the<br />
supporting materials are for everyone who works with<br />
children <strong>and</strong> young people <strong>and</strong> explains when <strong>and</strong> how<br />
information can be shared legally <strong>and</strong> professionally.<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>practice/IG00065/<br />
A number of other documents focus directly on integrated front line<br />
delivery <strong>and</strong> the processes that support it. These can be found at:<br />
www.everychildmatters.gov.uk<br />
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1.2. LEGISLATION AND GUIDANCE<br />
LEGISLATION<br />
<strong>Children</strong> Act 1989<br />
http://www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm<br />
Section 17.— (1) It shall be the general duty of every local authority<br />
(in addition <strong>to</strong> the other duties imposed on them by<br />
this Part)—<br />
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(a) <strong>to</strong> safeguard <strong>and</strong> promote the welfare of<br />
children within their area who are in need;<br />
<strong>and</strong><br />
(b) so far as is consistent with that duty, <strong>to</strong><br />
promote the upbringing of such children by<br />
their families, by providing a range <strong>and</strong><br />
level of services appropriate <strong>to</strong> those<br />
children's needs.<br />
(10) For the purposes of this Part a child shall be taken<br />
<strong>to</strong> be in need if—<br />
(a) he is unlikely <strong>to</strong> achieve or maintain, or <strong>to</strong><br />
have the opportunity of achieving or<br />
maintaining, a reasonable st<strong>and</strong>ard of health<br />
or development without the provision for<br />
him of services by a local authority under<br />
this Part;<br />
(b) his health or development is likely <strong>to</strong> be<br />
significantly impaired, or further impaired,<br />
without the provision for him of such<br />
services; or<br />
(c) he is disabled,<br />
<strong>and</strong> "family" , in relation <strong>to</strong> such a child,<br />
includes any person who has parental<br />
responsibility for the child <strong>and</strong> any other<br />
person with whom he has been living.<br />
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Section 27.— (1) Where it appears <strong>to</strong> a local authority that any<br />
authority or other person mentioned in subsection (3)<br />
could, by taking any specified action, help in the<br />
exercise of any of their functions under this Part, they<br />
may request the help of that other authority or<br />
person, specifying the action in question.<br />
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(2) An authority whose help is so requested shall comply<br />
with the request if it is compatible with their own<br />
statu<strong>to</strong>ry or other duties <strong>and</strong> obligations <strong>and</strong> does not<br />
unduly prejudice the discharge of any of their<br />
functions.<br />
(3) The persons are—<br />
(a) any local authority,<br />
(b) any local education authority;<br />
(c) any local housing authority;<br />
(d) any health authority; <strong>and</strong><br />
(e) any person authorised by the Secretary of<br />
State for the purposes of this section.<br />
(4) Every local authority shall assist any local education<br />
authority with the provision of services for any child<br />
within the local authority's area who has special<br />
educational needs.<br />
Section 47.—(1) Where a local authority—<br />
(a) are informed that a child who lives, or is found, in<br />
their area—<br />
(i) is the subject of an emergency protection<br />
order; or<br />
(ii) is in Police protection; or<br />
(b) have reasonable cause <strong>to</strong> suspect that a child who<br />
lives, or is found, in their area is suffering, or is likely<br />
<strong>to</strong> suffer, significant harm,<br />
the authority shall make, or cause <strong>to</strong> be made, such<br />
enquiries as they consider necessary <strong>to</strong> enable them<br />
<strong>to</strong> decide whether they should take any action <strong>to</strong><br />
safeguard or promote the child's welfare.<br />
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<strong>Children</strong> Act 2004<br />
http://www.everychildmatters.gov.uk/strategy/guidance/<br />
The <strong>Children</strong> Act 2004 introduces additional requirements <strong>to</strong> safeguard<br />
<strong>and</strong> promote children’s welfare including new statu<strong>to</strong>ry duties.<br />
1. Section 10 requires each Local Authority <strong>to</strong> make<br />
arrangements <strong>to</strong> promote co-operation between the authority,<br />
each of the authority’s relevant partners <strong>and</strong> such other<br />
persons or bodies, working with children in the local<br />
authority’s area, as the authority consider appropriate. The<br />
arrangements are <strong>to</strong> be made with a view <strong>to</strong> improving the<br />
well-being of children in the authority’s area – which includes<br />
protection from harm or neglect alongside other outcomes.<br />
This Section of the <strong>Children</strong> Act 2004 is the legislative basis<br />
for children’s trust arrangements.<br />
2. Section 11 requires a range of organisations <strong>to</strong> make<br />
arrangements for ensuring that their functions, <strong>and</strong> services<br />
provided on their behalf, are discharged having regard <strong>to</strong> the<br />
need <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children. (See<br />
section 1.3 of these <strong>procedure</strong>s)<br />
3. Section 12 enables the Secretary of State <strong>to</strong> require local<br />
authorities <strong>to</strong> establish <strong>and</strong> operate databases relating <strong>to</strong> the<br />
section 10 or 11 duties (above) or the section 175 duty<br />
(below), or <strong>to</strong> establish <strong>and</strong> operate databases nationally. The<br />
section limits the information that may be included in those<br />
databases <strong>and</strong> sets out which organisations can be required<br />
<strong>to</strong>, <strong>and</strong> which can be enabled <strong>to</strong>, disclose information <strong>to</strong> be<br />
included in the databases.<br />
4. Section 13 of the <strong>Children</strong> Act 2004 requires a range of<br />
organisations (see table) <strong>to</strong> take part in Local <strong>Safe</strong>guarding<br />
<strong>Children</strong> Boards. Sections 13-16 set out the framework for<br />
LSCBs, <strong>and</strong> the LSCB regulations, issued for consultation<br />
alongside this document, set out the requirements in more<br />
detail in particular on LSCB functions.<br />
5. Section 53 of the <strong>Children</strong> Act 2004 amended sections 17<br />
<strong>and</strong> 47 of the <strong>Children</strong> Act 1989 so that before determining<br />
what if any services <strong>to</strong> provide a child in need under S17 or<br />
actually <strong>to</strong> be taken with respect of a child under S47 the<br />
wishes <strong>and</strong> feelings of the child should be ascertained as far as<br />
is reasonable <strong>and</strong> given due consideration.<br />
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Education Act 2002<br />
6. Section 175 puts a duty on local education authorities,<br />
maintained (state) schools, <strong>and</strong> further education institutions,<br />
including sixth form colleges, <strong>to</strong> exercise their functions with a<br />
view <strong>to</strong> safeguarding <strong>and</strong> promoting the welfare of children –<br />
children who are pupils, <strong>and</strong> students under 18 years of age,<br />
in the case of schools <strong>and</strong> colleges.<br />
7. And the same duty is put on Independent schools, including<br />
Academies, by regulations made under s157 of that Act.<br />
Adoption <strong>and</strong> <strong>Children</strong> Act 2002 – amendment of <strong>Children</strong> Act 1989<br />
8. Section 31 (a) <strong>Children</strong> Act 1989<br />
‘Harm’ means ill-treatment or the impairment of health or<br />
development, including for example impairment suffered from<br />
seeing or hearing the ill-treatment of another.<br />
Sexual Offences Act 2003<br />
9. Under 13s<br />
The Sexual offences Act 2003 now makes it clear that sexual<br />
activity with a child under 13 is never acceptable <strong>and</strong> that,<br />
regardless of circumstances, children of this age can never<br />
legally give their consent. A range of other sexual offences<br />
were included in the Act.<br />
10. Under 16s<br />
• Meeting a child under 16 following sexual grooming<br />
• Arranging or facilitating a child sex offence – under 16<br />
• Sexual activity with a child<br />
• Causing or inciting a child <strong>to</strong> engage in sexual activity<br />
• Engaging in sexual activity in the presence of a child<br />
• Causing a child <strong>to</strong> watch a sexual act<br />
11. Under 18s<br />
• Taking indecent pho<strong>to</strong>graphs of a child under 18<br />
• Abuse of a child under 18 through prostitution or<br />
pornography<br />
• Abuse of a position of trust – under the legislation<br />
children <strong>and</strong> young people under 18 years of age are<br />
protected from abuse by those who work with them<br />
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GUIDANCE<br />
These <strong>procedure</strong>s <strong>and</strong> guidance should be read in conjunction with<br />
“<strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong>”, HM Government 2006.<br />
http://www.everychildmatters.gov.uk/_files/CCE39E361D6AD840F7EAC9<br />
DA47A3D2C8.pdf<br />
1.3. SAFEGUARDING AND PROMOTING CHILDREN’S WELFARE –<br />
ROLES AND RESPONSIBILITIES<br />
<strong>Safe</strong>guarding <strong>and</strong> promoting the welfare of children is the<br />
responsibility of the local authority, working in partnership with<br />
other public organisations, the voluntary sec<strong>to</strong>r, children <strong>and</strong> young<br />
people, parents <strong>and</strong> carers <strong>and</strong> the wider community.<br />
As already stated Section 10 of the <strong>Children</strong> Act 2004 places a duty<br />
on relevant partners, persons or bodies working with children <strong>to</strong> cooperate<br />
with a view <strong>to</strong> improving the well being of children in the<br />
area of the local authority. It is this duty that supports early<br />
intervention <strong>to</strong> safeguard <strong>and</strong> promote children <strong>and</strong> young people’s<br />
well being in order that good outcomes can be delivered.<br />
1. STATUTORY DUTY TO SAFEGUARD AND PROMOTE THE<br />
WELFARE OF CHILDREN<br />
Section 11 of the <strong>Children</strong> Act 2004 introduced a Statu<strong>to</strong>ry Duty on<br />
a range of agencies <strong>to</strong> safeguard <strong>and</strong> promote <strong>Children</strong> <strong>and</strong> <strong>Young</strong><br />
<strong>People</strong>s Welfare.<br />
Sections 157 <strong>and</strong> 175 of the Education Act 2002 place the same<br />
duty on Independent Schools, including Academies <strong>and</strong> Technology<br />
Colleges (S.157) <strong>and</strong> Maintained (State) Schools <strong>and</strong> Further<br />
Education (FE) Institutions including 6 th Form Colleges (S.175).<br />
Section 12 (1) of the Criminal Justice <strong>and</strong> Court Services Act 2000<br />
imposes the same duty on The <strong>Children</strong> <strong>and</strong> Family Court Advisory<br />
<strong>and</strong> Support Service (CAFCASS).<br />
The Statu<strong>to</strong>ry Duty <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children<br />
applies <strong>to</strong>:<br />
Local Authority <strong>and</strong> District Councils including<br />
• Cultural <strong>and</strong> Leisure Services<br />
• Early Years <strong>and</strong> Childcare<br />
• Education <strong>and</strong> Schools<br />
• Licensing Authorities<br />
• Housing Authorities<br />
• <strong>Children</strong>’s Social Care<br />
• Youth Services<br />
• Child Employment<br />
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NHS bodies (Strategic Health Authorities, Designated Special<br />
Health Authorities, Primary Care Trusts, NHS Trusts, NHS<br />
Foundation Trusts <strong>and</strong> NHS Direct)<br />
N.B: Those providing services <strong>to</strong> adults for example Adult Mental<br />
Health Services <strong>and</strong> Drug <strong>and</strong> Alcohol Services need <strong>to</strong><br />
ensure they discharge their responsibilities with regard <strong>to</strong><br />
the need <strong>to</strong> safeguard <strong>and</strong> promote children’s welfare <strong>and</strong><br />
<strong>to</strong> take account of the National Services Framework for<br />
<strong>Children</strong>, <strong>Young</strong> <strong>People</strong> <strong>and</strong> Maternity Services (NSF).<br />
Connexions – Organisations providing services under Section<br />
114 of the Learning <strong>and</strong> Skills Act 2000.<br />
The Police Service<br />
The British Transport Police<br />
The Probation Service<br />
Youth Offending Teams<br />
Prisons<br />
Secure Training Centres<br />
N.B: This duty applies not only <strong>to</strong> the agency themselves but<br />
also <strong>to</strong> the service they contract with.<br />
The application of this duty will vary according <strong>to</strong> each agency<br />
<strong>and</strong> further guidance can be found in “Making Arrangements <strong>to</strong><br />
<strong>Safe</strong>guard <strong>and</strong> Promote the Welfare of <strong>Children</strong>” DfES 2005 at<br />
http://www.everychildmatters.gov.uk/_files/9204C14C73ACCA2<br />
79701DDF9731B16F6.pdf<br />
2. DEFINITION OF THE DUTY TO SAFEGUARD AND PROMOTE<br />
THE WELFARE OF CHILDREN<br />
<strong>Safe</strong>guarding <strong>and</strong> promoting the welfare of children is defined as:<br />
Protecting children from maltreatment;<br />
Preventing impairment of children’s health or development;<br />
<strong>and</strong><br />
Ensuring that children are growing up in circumstances<br />
consistent with the provision of safe <strong>and</strong> effective care;<br />
<strong>and</strong> undertaking that role so as <strong>to</strong> enable those children <strong>to</strong> have<br />
optimum life chances <strong>and</strong> <strong>to</strong> enter adulthood successfully.<br />
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3. COMMON FEATURES<br />
In order <strong>to</strong> fulfil the commitment <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of children all organisations that provide services for<br />
children, or work with children, need <strong>to</strong> have in place:<br />
• Clear priorities for safeguarding <strong>and</strong> promoting the welfare of<br />
children explicitly stated in strategic <strong>policy</strong> documents;<br />
• A clear commitment by senior management <strong>to</strong> the<br />
importance of safeguarding <strong>and</strong> promoting children’s welfare<br />
• A clear line of accountability within the organisation for work<br />
on safeguarding <strong>and</strong> promoting the welfare of children;<br />
• Recruitment <strong>and</strong> human resources management <strong>procedure</strong>s<br />
that take account of the need <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of children <strong>and</strong> young people including arrangements<br />
for appropriate checks on new staff <strong>and</strong> volunteers;<br />
• Procedures for dealing with allegations of abuse against<br />
members of staff <strong>and</strong> volunteers;<br />
• Arrangements <strong>to</strong> ensure that all staff undertake appropriate<br />
training <strong>to</strong> equip them <strong>to</strong> carry out their responsibilities<br />
effectively, <strong>and</strong> <strong>keep</strong> this up <strong>to</strong> date by refresher training at<br />
regular intervals; <strong>and</strong> that all staff including temporary staff<br />
<strong>and</strong> volunteers who work with children, are made aware of<br />
the establishment’s arrangements for safeguarding <strong>and</strong><br />
promoting the welfare of children <strong>and</strong> their responsibilities for<br />
that;<br />
• Have policies in place for safeguarding <strong>and</strong> promoting the<br />
welfare of children (for example, pupils/students), including a<br />
child protection <strong>policy</strong>, <strong>and</strong> <strong>procedure</strong>s that are in accordance<br />
with guidance from the local authority <strong>and</strong> locally agreed in<br />
inter-agency <strong>procedure</strong>s;<br />
• Have arrangements in place <strong>to</strong> work effectively with other<br />
organisations <strong>to</strong> safeguard <strong>and</strong> promote the welfare of<br />
children, including arrangements for sharing information;<br />
• A culture of listening <strong>to</strong> <strong>and</strong> engaging in dialogue with<br />
children – seeking their views in ways appropriate <strong>to</strong> their<br />
age <strong>and</strong> underst<strong>and</strong>ing, <strong>and</strong> taking account of those both in<br />
individual decisions <strong>and</strong> the establishment or development of<br />
services; <strong>and</strong>,<br />
• Appropriate whistle blowing <strong>procedure</strong>s <strong>and</strong> a culture that<br />
enables issues about safeguarding <strong>and</strong> promoting the welfare<br />
of children <strong>to</strong> be addressed.<br />
N.B: Organisations should refer <strong>to</strong> their individual agency<br />
<strong>procedure</strong>s for more detail as <strong>to</strong> how this impacts on their<br />
work.<br />
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1.4 THE LOCAL SAFEGUARDING CHILDREN BOARD (LSCB)<br />
– ROLE AND RESPONSIBILITIES<br />
Section 13 of the <strong>Children</strong> Act 2004 requires each local authority <strong>to</strong><br />
establish a Local <strong>Safe</strong>guarding <strong>Children</strong> Board (LSCB)<br />
The Work of the LSCB is part of the wider context of integrated<br />
children’s services arrangements (<strong>Children</strong>’s Trust) that aim <strong>to</strong><br />
improve the overall wellbeing of all children in the local area <strong>and</strong><br />
contribute <strong>to</strong> the five outcomes <strong>to</strong> enable all children <strong>to</strong>:<br />
Stay safe<br />
Be healthy<br />
Enjoy <strong>and</strong> achieve<br />
Make a positive contribution<br />
Achieve economic wellbeing<br />
The LSCB has a specific contribution <strong>to</strong> make <strong>to</strong> the ‘Stay <strong>Safe</strong>’<br />
outcome.<br />
1. PURPOSE OF THE LSCB<br />
The LSCB is the key statu<strong>to</strong>ry mechanism for agreeing how the<br />
relevant organisations in each local area will co-operate <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children in the local area, <strong>and</strong><br />
for ensuring the effectiveness of what they do.<br />
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2. LSCB OBJECTIVES<br />
To co-ordinate what is done by each person or body represented on<br />
the Board for the purposes of safeguarding <strong>and</strong> promoting the<br />
welfare of children in the area<br />
To ensure the effectiveness of what is done by each person or body<br />
for that purpose<br />
3. SCOPE OF THE ROLE<br />
There are 3 broad areas of activity for the LSCB<br />
Preventative work <strong>to</strong> ensure children are growing up in<br />
circumstances consistent with safe <strong>and</strong> effective care through:<br />
• Mechanisms <strong>to</strong> identify abuse <strong>and</strong> neglect wherever they<br />
occur.<br />
• Work <strong>to</strong> increase the underst<strong>and</strong>ing that safeguarding is<br />
everybody’s responsibility.<br />
• Work <strong>to</strong> ensure organisations working or in contact with<br />
children operate recruitment <strong>and</strong> human resource practices<br />
that safeguard children.<br />
• Moni<strong>to</strong>r the effectiveness of organisations implementing their<br />
duties under S11 of the <strong>Children</strong> Act 2004.<br />
• Ensure children <strong>and</strong> young people know who <strong>to</strong> contact when<br />
they have concerns about their own or others safety <strong>and</strong><br />
welfare.<br />
• Ensure that adults (including those who are harming children)<br />
know who they can contact if they have a concern about a<br />
child or young person.<br />
Proactive work that targets particular groups<br />
• Developing/evaluating thresholds <strong>and</strong> <strong>procedure</strong>s for work<br />
with children <strong>and</strong> families ‘in need’ where the child is not<br />
suffering or at risk of suffering significant harm.<br />
• Work <strong>to</strong> safeguard <strong>and</strong> promote the welfare of groups of<br />
children who are potentially more vulnerable than the general<br />
population including:<br />
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o <strong>Children</strong> living away from home<br />
o <strong>Children</strong> who have run away from home<br />
o <strong>Children</strong> in cus<strong>to</strong>dy<br />
o Disabled <strong>Children</strong><br />
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Responsive work <strong>to</strong> protect children who are suffering or at risk of<br />
suffering harm including<br />
• <strong>Children</strong> abused <strong>and</strong> neglected within families, including<br />
those harmed:<br />
o In the context of domestic violence<br />
o As a consequence of the impact of substance misuse;<br />
• <strong>Children</strong> abused outside families by adults known <strong>to</strong> them;<br />
• <strong>Children</strong> abused <strong>and</strong> neglected by professional carers,<br />
within institutional settings, or anywhere else where<br />
children are cared for away from home;<br />
• <strong>Children</strong> abused by strangers<br />
• <strong>Children</strong> abused by other young people;<br />
• <strong>Young</strong> perpetra<strong>to</strong>rs of abuse;<br />
• <strong>Children</strong> abused through internet porn; <strong>and</strong><br />
• <strong>Children</strong> abused through prostitution,<br />
4. LSCB FUNCTIONS<br />
The core functions of an LSCB are set out in ‘The Local <strong>Safe</strong>guarding<br />
<strong>Children</strong> Boards Regulation 2006, Statu<strong>to</strong>ry Instrumentation<br />
2006/90’<br />
5. POLICIES AND PROCEDURES FUNCTIONS<br />
Developing policies <strong>and</strong> <strong>procedure</strong>s for safeguarding <strong>and</strong> promoting<br />
the welfare of children in the area including<br />
• Action <strong>to</strong> be taken where there are concerns about a child’s<br />
safety or welfare, including thresholds for intervention.<br />
• Training of persons who work with children or in services<br />
affecting the safety <strong>and</strong> welfare of children<br />
• Recruitment <strong>and</strong> supervision of those who work with children.<br />
• Investigation of allegations concerning persons working with<br />
children.<br />
• The safety <strong>and</strong> welfare of children who are privately fostered.<br />
• Co-operation with neighbouring children’s services authorities<br />
<strong>and</strong> their Board Partners.<br />
Communicating <strong>to</strong> persons <strong>and</strong> bodies in the area of the authority<br />
the need <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children, raising<br />
their awareness of how this can best be done, <strong>and</strong> encouraging<br />
them <strong>to</strong> do so.<br />
Participating in the local planning <strong>and</strong> commissioning of children’s<br />
services <strong>to</strong> ensure that they take safeguarding <strong>and</strong> promoting the<br />
welfare of children in<strong>to</strong> account.<br />
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Collecting <strong>and</strong> analysing information about the deaths of all children<br />
in the area in order <strong>to</strong> identify.<br />
• Any matters of concern regarding the safety <strong>and</strong> welfare of<br />
children including any case giving rise <strong>to</strong> the need for a<br />
serious case review.<br />
• Any general public health or safety concern arising from child<br />
deaths.<br />
• Ensuing <strong>procedure</strong>s are in place so that there is a coordinated<br />
response by LSCB partners <strong>and</strong> relevant others <strong>to</strong><br />
an unexpected child death.<br />
Undertaking serious case reviews where abuse or neglect of a child<br />
is known or suspected <strong>and</strong> either a child has died; or a child has<br />
been seriously harmed <strong>and</strong> there is cause for concern <strong>to</strong> the way in<br />
which the authority, their Board Partners or other relevant persons<br />
have worked <strong>to</strong> safeguard the child.<br />
6. MEMBERSHIP OF THE LSCB<br />
Statu<strong>to</strong>ry Members of the LSCB are the local authority <strong>and</strong> its Board<br />
Partners who are required <strong>to</strong> co-operate with the local authority in<br />
the establishment <strong>and</strong> operation of the board <strong>and</strong> have shared<br />
responsibility for the effective discharge of the Board’s functions.<br />
The Board Partners as set out in Section 13 (3) of the <strong>Children</strong> Act<br />
2004 are:<br />
Local Authority – including representation from Adult<br />
Services<br />
District Councils<br />
The Chief Officer of Police<br />
The Local Probation Board<br />
The Youth Offending Team<br />
Strategic Health Authority <strong>and</strong> Primary Care Trusts in<br />
the area – including those providing services <strong>to</strong> adults<br />
NHS Trusts <strong>and</strong> NHS Foundation Trusts<br />
The Connexions Service<br />
CAFCASS<br />
Governor or Direc<strong>to</strong>r of any Secure Training Centre in<br />
the area<br />
Governor or Direc<strong>to</strong>r of any prison in the local authority<br />
area which ordinarily detains children<br />
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7. OTHER MEMBERS AND GROUPS WHO WILL BE INVOLVED<br />
The LSCB will also involve a range of other members through its<br />
work, for example:<br />
NSPCC<br />
Faith Groups<br />
State <strong>and</strong> Independent Schools<br />
The Fire Service<br />
The Armed Forces<br />
The Immigration Service <strong>and</strong> National Asylum Support Service<br />
The Coronial Service<br />
Dental Health Services<br />
Domestic Violence Forums<br />
Drug <strong>and</strong> Alcohol Misuse Services<br />
Drug Action Teams<br />
Housing, Culture <strong>and</strong> Leisure Services<br />
Housing Providers<br />
Local Authority Legal Services<br />
Local MAPPA<br />
Local Sports Bodies <strong>and</strong> Services<br />
Local Family Justice Council<br />
Local Criminal Justice Board<br />
Other Health Providers such as Pharmacists<br />
Representatives of Service Users<br />
Sexual Health Services<br />
The Crown Prosecution Service<br />
Witness Support Services<br />
8. ROLE OF MEMBERS<br />
Statu<strong>to</strong>ry members of the LSCB are named people in order <strong>to</strong><br />
ensure consistency <strong>and</strong> continuity.<br />
They have a strategic role within their own organisation <strong>and</strong> are<br />
therefore able <strong>to</strong>:<br />
Speak for their organisation with authority.<br />
Commit their organisation on <strong>policy</strong> <strong>and</strong> practice matters.<br />
Hold their organisation <strong>to</strong> account.<br />
9. ROLE OF ELECTED MEMBERS<br />
Local Authority Elected Members <strong>and</strong> non-executive Direc<strong>to</strong>rs of<br />
other Board partners are not members of the LSCB. The role of<br />
Elected Members is <strong>to</strong> hold their organisation <strong>and</strong> its officers <strong>to</strong><br />
account for their contribution <strong>to</strong> the effective functioning of the<br />
LSCB.<br />
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10. ROLE OF LEAD MEMBER<br />
The Lead Member for <strong>Children</strong>’s Services within the Local Authority<br />
has a particular focus on how the local authority is fulfilling its<br />
responsibilities <strong>to</strong> safeguard <strong>and</strong> promote the welfare of local<br />
children. The Lead Member will hold the Direc<strong>to</strong>r of <strong>Children</strong>’s<br />
Services <strong>to</strong> account for the work of the LSCB.<br />
11. ACCOUNTABILITY<br />
Operational Work<br />
Whilst the LSCB has a role in co-ordinating <strong>and</strong> ensuring the<br />
effectiveness of local individuals’ <strong>and</strong> organisations’ work <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children, it is not accountable<br />
for their operational work.<br />
Each Board partner retains their own existing lines of accountability<br />
for safeguarding <strong>and</strong> promoting the welfare of children by their<br />
services. The LSCB does not have a power <strong>to</strong> direct other<br />
organisations.<br />
Moni<strong>to</strong>ring<br />
The LSCB’s work <strong>to</strong> ensure the effectiveness of work <strong>to</strong> safeguard<br />
<strong>and</strong> promote the welfare of children by member organisations is by<br />
peer review through:<br />
• Self-evaluation<br />
• Performance indica<strong>to</strong>rs<br />
• Joint audit<br />
Where it is felt that a Board partner is not performing effectively <strong>and</strong><br />
the LSCB is not satisfied that adequate action is <strong>to</strong> be taken;<br />
• The LSCB Chair or designated LSCB officer will explain the<br />
concerns <strong>to</strong> individuals <strong>and</strong> organisations that need <strong>to</strong> be<br />
aware of the failing <strong>and</strong> who may be able <strong>to</strong> take action e.g.<br />
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o To the most senior individual(s) in the partner<br />
organisation<br />
o To the relevant inspec<strong>to</strong>rate <strong>and</strong>, if necessary<br />
o To the relevant government department<br />
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Inspection<br />
The local inspection framework has an important role <strong>to</strong> play in reenforcing<br />
the ongoing moni<strong>to</strong>ring work of the LSCB through:<br />
• Joint Area Review (JAR) – JARs assess how children’s services<br />
taken <strong>to</strong>gether, contribute <strong>to</strong> improving outcomes for children<br />
<strong>and</strong> young people<br />
• Individual services quality regimes<br />
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o Annual Performance Assessment (APA) by Ofsted <strong>and</strong><br />
the Commission for Social Care Inspection (CSCI)<br />
o Healthcare Commission<br />
o Her Majesty’s Inspec<strong>to</strong>rates of:<br />
Constabulary<br />
Prisons<br />
Probation<br />
The effectiveness of the LSCB will form part of the judgement of the<br />
Inspec<strong>to</strong>rates, especially through the JAR. It will be for the Local<br />
Authority <strong>to</strong> lead in taking action if the effectiveness of the LSCB is<br />
found wanting.<br />
1.5 SERIOUS CASE REVIEWS<br />
REVIEWING AND INVESTIGATIVE FUNCTIONS OF LSCBS<br />
1) Regulation 5 requires LSCBs <strong>to</strong> undertake reviews of serious cases.<br />
They will be undertaken in accordance with the <strong>procedure</strong>s set out in<br />
this guidance. The same criteria apply <strong>to</strong> disabled children as <strong>to</strong> nondisabled<br />
children.<br />
SERIOUS CASE REVIEWS<br />
2) When a child dies, <strong>and</strong> abuse or neglect are known or suspected <strong>to</strong> be<br />
a fac<strong>to</strong>r in the death, local organisations should consider immediately<br />
whether there are other children at risk of harm who require<br />
safeguarding (For example siblings, other children in an institution<br />
where abuse is alleged). Thereafter, organisations should consider<br />
whether there are any lessons <strong>to</strong> be learned about the ways in which<br />
they work <strong>to</strong>gether <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children.<br />
Consequently, when a child dies in such circumstances, the LSCB will<br />
always conduct a serious case review in<strong>to</strong> the involvement with the<br />
child <strong>and</strong> family of organisations <strong>and</strong> professionals. PCT’s should<br />
always inform their SHA of every case that becomes the subject of a<br />
serious case review. Additionally, the LSCB will always consider<br />
whether a serious case review should be conducted:<br />
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where a child sustains a potentially life-threatening injury or<br />
serious <strong>and</strong> permanent impairment of health <strong>and</strong> development<br />
through abuse or neglect, or<br />
has been subjected <strong>to</strong> particularly serious sexual abuse, or<br />
their parent has been murdered <strong>and</strong> a homicide review is being<br />
initiated, or<br />
the child has been killed by a parent with a mental illness, or<br />
the case gives rise <strong>to</strong> concerns about inter-agency working <strong>to</strong><br />
protect children from harm.<br />
THE PURPOSE OF SERIOUS CASE REVIEWS<br />
3) The purpose of serious case reviews carried out under this guidance<br />
is <strong>to</strong>:<br />
establish whether there are lessons <strong>to</strong> be learned from the case<br />
about the way in which local professionals <strong>and</strong> organisations<br />
work <strong>to</strong>gether <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children<br />
identify clearly what those lessons are, how they will be acted<br />
upon, <strong>and</strong> what is expected <strong>to</strong> change as a result; <strong>and</strong><br />
as a consequence, <strong>to</strong> improve inter-agency working <strong>and</strong> better<br />
safeguard <strong>and</strong> promote the welfare of children.<br />
4) Serious case reviews are not inquiries in<strong>to</strong> how a child died or who is<br />
culpable; that is a matter for Coroners <strong>and</strong> Criminal Courts<br />
respectively <strong>to</strong> determine, as appropriate.<br />
WHEN SHOULD A LSCB UNDERTAKE A SERIOUS CASE REVIEW?<br />
5) The LSCB will always undertake a serious case review when a child<br />
dies (including death by suicide), <strong>and</strong> abuse or neglect is known or<br />
suspected <strong>to</strong> be a fac<strong>to</strong>r in the child’s death. This is irrespective of<br />
whether <strong>Children</strong>’s Social Care is or has been involved with the child<br />
or family.<br />
6) The LSCB will always consider whether <strong>to</strong> undertake a serious case<br />
review where a child has sustained a potentially life-threatening<br />
injury through abuse or neglect, serious sexual abuse, or sustained<br />
serious <strong>and</strong> permanent impairment of health or development through<br />
abuse or neglect, <strong>and</strong> the case gives rise <strong>to</strong> concerns about the way<br />
in which local professionals <strong>and</strong> services work <strong>to</strong>gether <strong>to</strong> safeguard<br />
<strong>and</strong> promote the welfare of children. This includes situations where a<br />
parent has been killed in a domestic violence situation or where a<br />
child has been killed by a parent who has a mental illness.<br />
7) Where more than one LSCB has knowledge of a child, the LSCB for<br />
the area in which the child is/was normally resident should take lead<br />
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esponsibility for conducting any review. Any other LSCBs that have<br />
an interest or involvement in the case should be included as partners<br />
in jointly planning <strong>and</strong> undertaking the review. In the case of looked<br />
after children, the responsible authority should exercise lead<br />
responsibility for conducting any review, again involving other LSCBs<br />
with an interest or involvement.<br />
8) Any professional may refer such a case <strong>to</strong> the LSCB if it is believed<br />
that there are important lessons for inter-agency working <strong>to</strong> be<br />
learned from the case. In addition, the Secretary of State for the<br />
Department for Education <strong>and</strong> Skills has powers <strong>to</strong> dem<strong>and</strong> an inquiry<br />
be held under the Inquiries Act 2005.<br />
9) The following questions may help in deciding whether or not a case<br />
should be the subject of a serious case review in circumstances other<br />
than when a child dies the answer ‘yes’ <strong>to</strong> several of these questions<br />
is likely <strong>to</strong> indicate that a review could yield useful lessons:<br />
was there clear evidence of a risk of significant harm <strong>to</strong> a child,<br />
which was:<br />
• not recognised by organisations or individuals in contact with<br />
the child or perpetra<strong>to</strong>r or<br />
• not shared with others or<br />
• not acted upon appropriately?<br />
was the child killed by a mentally ill parent?<br />
was the child abused in an institutional setting (For example,<br />
school, nursery, family centre, YOI, STC, <strong>Children</strong>’s Home or<br />
Armed Services training establishment )?<br />
did the child die in a cus<strong>to</strong>dial (prison, young offender institution<br />
or secure training centre) setting?<br />
was the child abused while being looked after by the local<br />
authority?<br />
did the child commit suicide, or die while absent having run away<br />
from home?<br />
does one or more agency or professional consider that its<br />
concerns were not taken sufficiently seriously, or acted upon<br />
appropriately, by another?<br />
does the case indicate that there may be failings in one or more<br />
aspects of the local operation of formal safeguarding children<br />
<strong>procedure</strong>s, which go beyond the h<strong>and</strong>ling of this case?<br />
was the child subject of a Child Protection Plan or had it been<br />
previously the subject of a plan or on the child protection<br />
register?<br />
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does the case appear <strong>to</strong> have implications for a range of<br />
agencies <strong>and</strong>/or professionals?<br />
does the case suggest that the LSCB may need <strong>to</strong> change its<br />
local pro<strong>to</strong>cols or <strong>procedure</strong>s, or that pro<strong>to</strong>cols <strong>and</strong> <strong>procedure</strong>s<br />
are not being adequately promulgated, unders<strong>to</strong>od or acted<br />
upon?<br />
INSTIGATING A SERIOUS CASE REVIEW<br />
Does the Case Meet Serious Case Review Criteria?<br />
10) The LSCB will first decide whether or not a case should be the subject<br />
of a serious case review, applying the criteria at paragraphs 5 <strong>and</strong> 6<br />
above. In making this decision where a child has died, it will draw on<br />
information available from the professionals involved in reviewing the<br />
child’s death. The LSCBs will establish a Serious Case Review Panel,<br />
involving at least <strong>Children</strong>’s Social Care, health, education <strong>and</strong> the<br />
Police, <strong>to</strong> consider questions such as whether a serious case review<br />
should take place. In some cases, it may be valuable <strong>to</strong> conduct<br />
individual management reviews, or a smaller-scale audit of individual<br />
cases which give rise <strong>to</strong> concern but which do not meet the criteria<br />
for a full serious case review. In such cases, arrangements should be<br />
made <strong>to</strong> share relevant findings with the Review Panel.<br />
11) The Review Panel’s decision should be forwarded as a<br />
recommendation <strong>to</strong> the Chair of the LSCB, who has ultimate<br />
responsibility for deciding whether or not <strong>to</strong> conduct a serious case<br />
review. Local authorities will always inform the local region of the<br />
Commission for Social Care Inspection of every case that becomes<br />
the subject of a serious case review.<br />
DETERMINING THE SCOPE OF THE REVIEW<br />
12) The Review Panel will consider, in the light of each case, the scope of<br />
the review process, <strong>and</strong> draw up clear terms of reference. Relevant<br />
issues include:<br />
what appear <strong>to</strong> be the most important issues <strong>to</strong> address in trying<br />
<strong>to</strong> learn from this specific case? How can the relevant<br />
information best be obtained <strong>and</strong> analysed?<br />
who should be appointed as the independent author for the<br />
overview report?<br />
are there features of the case which indicate that any part of the<br />
review process should involve, or be conducted by, a party<br />
independent of the professionals/organisations who will be<br />
required <strong>to</strong> participate in the review? Might it help the review<br />
panel <strong>to</strong> bring in an outside expert at any stage, <strong>to</strong> shed light on<br />
crucial aspects of the case?<br />
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over what time period should events be reviewed, i.e. how far<br />
back should enquiries cover, <strong>and</strong> what is the cut-off point? What<br />
family his<strong>to</strong>ry/background information will help better <strong>to</strong><br />
underst<strong>and</strong> the recent past <strong>and</strong> present?<br />
which organisations <strong>and</strong> professionals should contribute <strong>to</strong> the<br />
review, either by submitting a report or otherwise contributing.<br />
Consideration should be given <strong>to</strong> all those who have a<br />
contribution <strong>to</strong> make, for example, the proprie<strong>to</strong>r of an<br />
independent school or a playgroup leader.<br />
how should family members contribute <strong>to</strong> the review <strong>and</strong> who<br />
should be responsible for facilitating their involvement?<br />
will the case give rise <strong>to</strong> other parallel investigations of practice,<br />
for example, independent health investigations or multidisciplinary<br />
suicide reviews, a homicide review where a parent<br />
has been murdered, a YJB Serious Incident Review <strong>and</strong> a Prisons<br />
<strong>and</strong> Probation Ombudsman investigation where the child has<br />
died in a cus<strong>to</strong>dial setting?<br />
<strong>and</strong> if so, how can a co-ordinated or jointly commissioned review<br />
process best address all the relevant questions which need <strong>to</strong> be<br />
asked, in the most economical way?<br />
is there a need <strong>to</strong> involve organisations/professionals in other<br />
LSCB areas (see 7 above), <strong>and</strong> what should be the respective<br />
roles <strong>and</strong> responsibilities of the different LSCBs with an interest?<br />
how should the review process take account of a Coroner’s<br />
inquiry, <strong>and</strong> (if relevant) any criminal investigations or<br />
proceedings related <strong>to</strong> the case? how best <strong>to</strong> liaise with the<br />
Coroner <strong>and</strong>/or the Crown Prosecution Service?<br />
how should the serious case review process fit in with the<br />
processes for other types of reviews e.g. for homicide, mental<br />
health or prisons?<br />
who will make the link with relevant interests outside the main<br />
statu<strong>to</strong>ry organisations e.g. independent professionals,<br />
independent schools, voluntary organisations?<br />
when should the review process start <strong>and</strong> by what date should it<br />
be completed?<br />
how should any public, family <strong>and</strong> media interest be managed,<br />
before, during, <strong>and</strong> after the review?<br />
does the LSCB need <strong>to</strong> obtain independent legal advice about<br />
any aspect of the proposed review?<br />
13) Some of these issues may need <strong>to</strong> be re-visited as the review<br />
progresses <strong>and</strong> new information emerges.<br />
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TIMING<br />
14) Reviews will vary widely in their breadth <strong>and</strong> complexity, but in all<br />
cases, lessons should be learned <strong>and</strong> acted upon as quickly as<br />
possible. Within one month of a case coming <strong>to</strong> the attention of the<br />
LSCB Chair, the decision should have been made by the LSCB Chair,<br />
following a recommendation from the Review Panel, on whether a<br />
review should take place. Individual organisations should secure case<br />
records promptly <strong>and</strong> begin work quickly <strong>to</strong> draw up a chronology of<br />
involvement with the child <strong>and</strong> family.<br />
15) Reviews should be completed within a further four months, unless an<br />
alternative timescale is agreed with the Commission for Social Care<br />
Inspection Region at the outset. Sometimes the complexity of a case<br />
does not become apparent until the review is in progress. As soon as<br />
it emerges that a review can not be completed within four months of<br />
the LSCB Chair’s decision <strong>to</strong> initiate it, there should be a discussion<br />
with the Commission for Social Care Inspection Region <strong>to</strong> agree a<br />
timescale for completion.<br />
16) In some cases, criminal proceedings may follow the death or serious<br />
injury of a child. Those co-ordinating the review should discuss with<br />
the relevant criminal justice agencies, at an early stage, how the<br />
review process should take account of such proceedings, for example<br />
how does this affect timing, the way in which the review is conducted<br />
(including interviews of relevant personnel), its potential impact on<br />
criminal investigations <strong>and</strong> who should contribute at what stage?<br />
Serious case reviews should not be delayed as a matter of course<br />
because of outst<strong>and</strong>ing criminal proceedings or an outst<strong>and</strong>ing<br />
decision on whether or not <strong>to</strong> prosecute. Much useful work <strong>to</strong><br />
underst<strong>and</strong> <strong>and</strong> learn from the features of the case can often proceed<br />
without risk of contamination of witnesses in criminal proceedings. In<br />
some cases it may not be possible <strong>to</strong> complete or <strong>to</strong> publish a review<br />
until after Coroners or criminal proceedings have been concluded but<br />
this should not prevent early lessons learned from being<br />
implemented.<br />
WHO SHOULD CONDUCT REVIEWS?<br />
17) The initial scoping of the review will identify those who should<br />
contribute, although it may emerge, as information becomes<br />
available, that the involvement of others would be useful. In<br />
particular, information of relevance <strong>to</strong> the review may become<br />
available through criminal proceedings.<br />
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18) Each relevant service should undertake a separate management<br />
review of its involvement with the child <strong>and</strong> family. This should<br />
begin as soon as a decision is taken <strong>to</strong> proceed with a review, <strong>and</strong><br />
even sooner if a case gives rise <strong>to</strong> concerns within the individual<br />
organisation. Relevant independent professionals (including GPs)<br />
should contribute reports of their involvement.<br />
Designated professionals should review <strong>and</strong> evaluate the practice of<br />
all involved health professionals <strong>and</strong> providers within the PCT area.<br />
This may involve reviewing the involvement of individual<br />
practitioners <strong>and</strong> Trusts <strong>and</strong> also advising named professionals <strong>and</strong><br />
managers who are compiling reports for the review.<br />
Designated professionals have an important role in providing<br />
guidance on how <strong>to</strong> balance confidentiality <strong>and</strong> disclosure issues.<br />
Where a children’s guardian contributes <strong>to</strong> a review, the prior<br />
agreement of the courts should be sought so that the guardian’s<br />
duty of confidentiality under the court rules can be waived <strong>to</strong> the<br />
degree necessary.<br />
19) The LSCB will commission an overview report which brings <strong>to</strong>gether<br />
<strong>and</strong> analyses the findings of the various reports from organisations<br />
<strong>and</strong> others, <strong>and</strong> which makes recommendations for future action.<br />
20) The overview report will be commissioned from a person who is<br />
independent of all the agencies/professionals involved. Those<br />
conducting management reviews of individual services should not<br />
have been directly concerned with the child or family, or the<br />
immediate line manager of the practitioner(s) involved.<br />
INDIVIDUAL MANAGEMENT REVIEWS<br />
21) Once it is known that a case is being considered for review, each<br />
organisation should secure records relating <strong>to</strong> the case <strong>to</strong> guard<br />
against loss or interference.<br />
22) The aim of management reviews should be <strong>to</strong> look openly <strong>and</strong><br />
critically at individual <strong>and</strong> organisational practice <strong>to</strong> see whether the<br />
case indicates that changes could <strong>and</strong> should be made, <strong>and</strong> if so, <strong>to</strong><br />
identify how those changes will be brought about. The findings from<br />
the management review reports should be accepted by the senior<br />
officer in the organisation who has commissioned the report <strong>and</strong> who<br />
will be responsible for ensuring that recommendations are acted<br />
upon.<br />
23) Upon completion of each management review report, there should be<br />
a process for feedback <strong>and</strong> de-briefing for staff involved, in advance<br />
of completion of the overview report by the LSCB. There may also be<br />
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a need for a follow-up feedback session if the LSCB overview report<br />
raises new issues for the organisation <strong>and</strong> staff members.<br />
24) Serious case reviews are not a part of any disciplinary enquiry or<br />
process, but information that emerges in the course of reviews may<br />
indicate that disciplinary action should be taken under established<br />
<strong>procedure</strong>s. Alternatively, reviews may be conducted concurrently<br />
with disciplinary action. In some cases (for example, alleged<br />
institutional abuse) disciplinary action may be needed urgently <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of other children.<br />
25) Where a child dies in a cus<strong>to</strong>dial setting (prison, young offender<br />
institution or secure training centre) the Prisons <strong>and</strong> Probation<br />
Ombudsman investigates <strong>and</strong> reports on the circumstances<br />
surrounding the death of that child. The investigation examines the<br />
child’s period in cus<strong>to</strong>dy, including an assessment of the clinical care<br />
they received. The report would normally be made available <strong>to</strong> assist<br />
any serious case review process.<br />
26) The following outline format should guide the preparation of<br />
management reviews, <strong>to</strong> help ensure that the relevant questions are<br />
addressed, <strong>and</strong> <strong>to</strong> provide information <strong>to</strong> LSCB in a consistent format<br />
<strong>to</strong> help with preparing an overview report. The questions posed do<br />
not comprise a comprehensive check-list relevant <strong>to</strong> all situations.<br />
Each case may give rise <strong>to</strong> specific questions or issues which need <strong>to</strong><br />
be explored, <strong>and</strong> each review should consider carefully the<br />
circumstances of individual cases <strong>and</strong> how best <strong>to</strong> structure a review<br />
in the light of those particular circumstances.<br />
27) Where staff or others are interviewed by those preparing<br />
management reviews, a written record of such interviews should be<br />
made <strong>and</strong> this should be shared with the relevant interviewee.<br />
Management Reviews:<br />
What Was Our Involvement with This Child <strong>and</strong> Family?<br />
Construct a comprehensive chronology of involvement by the organisation<br />
<strong>and</strong>/or professional(s) in contact with the child <strong>and</strong> family over the period<br />
of time set out in the review’s terms of reference. Briefly summarise<br />
decisions reached, the services offered <strong>and</strong>/or provided <strong>to</strong> the child(ren)<br />
<strong>and</strong> family, <strong>and</strong> other action taken.<br />
Analysis of Involvement<br />
Consider the events which occurred, the decisions made, <strong>and</strong> the actions<br />
taken or not. Where judgements were made, or actions taken, which<br />
indicate that practice or management could be improved, try <strong>to</strong> get an<br />
underst<strong>and</strong>ing not only of what happened, but why. Consider specifically:<br />
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Were practitioners sensitive <strong>to</strong> the needs of the children in their<br />
work, knowledgeable about potential indica<strong>to</strong>rs of abuse or neglect,<br />
<strong>and</strong> about what <strong>to</strong> do if they had concerns about a child?<br />
Did the organisation have in place policies <strong>and</strong> <strong>procedure</strong>s for<br />
safeguarding <strong>and</strong> promoting the welfare of children <strong>and</strong> acting on<br />
concerns about their welfare?<br />
What were the key relevant points/opportunities for assessment <strong>and</strong><br />
decision making in this case in relation <strong>to</strong> the child <strong>and</strong> family? Do<br />
assessments <strong>and</strong> decisions appear <strong>to</strong> have been reached in an<br />
informed <strong>and</strong> professional way?<br />
Did actions accord with assessments <strong>and</strong> decisions made? Were<br />
appropriate services offered/provided, or relevant enquiries made,<br />
in the light of assessments?<br />
Where relevant, were appropriate child protection or care plans in<br />
place, <strong>and</strong> child protection <strong>and</strong>/or looked after reviewing processes<br />
complied with?<br />
When, <strong>and</strong> in what way, were the child(ren)’s wishes <strong>and</strong> feelings<br />
ascertained <strong>and</strong> taken account of when making revisions about<br />
children’s services. Was this information recorded?<br />
Was practice sensitive <strong>to</strong> the racial, cultural, linguistic <strong>and</strong> religious<br />
identity of the child <strong>and</strong> family?<br />
Were more senior managers, or other organisations <strong>and</strong><br />
professionals involved at points where they should have been?<br />
Was the work in this case consistent with each organisation’s <strong>and</strong><br />
the LSCBs <strong>policy</strong> <strong>and</strong> <strong>procedure</strong>s for safeguarding <strong>and</strong> promoting the<br />
welfare of children, <strong>and</strong> wider professional st<strong>and</strong>ards?<br />
What Do We Learn From This Case?<br />
Are there lessons from this case for the way in which this organisation<br />
works <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children? Is there good<br />
practice <strong>to</strong> highlight as well as ways in which practice can be improved?<br />
Are there implications for ways of working; training (single <strong>and</strong><br />
interagency); management <strong>and</strong> supervision; working in partnership with<br />
other organisations; resources?<br />
Recommendations for Action<br />
What action should be taken by whom, <strong>and</strong> by when? What outcomes<br />
should these actions bring about, <strong>and</strong> how will the organisation evaluate<br />
whether they have been achieved?<br />
THE LSCB OVERVIEW REPORT<br />
28) The LSCB overview report will bring <strong>to</strong>gether, <strong>and</strong> draw overall<br />
conclusions from the information <strong>and</strong> analysis contained in the<br />
individual management reviews, information from the child death<br />
review processes, <strong>to</strong>gether with reports commissioned from any other<br />
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elevant interests. Overview reports should be produced according <strong>to</strong><br />
the following outline format although, as with management reviews,<br />
the precise format will depend upon the features of the case. This<br />
outline will be most relevant <strong>to</strong> abuse or neglect which has taken<br />
place in a family setting.<br />
LSCB Overview Report:<br />
Introduction<br />
Summarise the circumstances that led <strong>to</strong> a review being undertaken<br />
in this case.<br />
State terms of reference of review.<br />
List contribu<strong>to</strong>rs <strong>to</strong> review <strong>and</strong> the nature of their contributions (for<br />
example, management review by Local Authority, report from adult<br />
mental health service). List review panel members <strong>and</strong> author of<br />
overview report.<br />
The Facts<br />
Prepare a genogram showing membership of family, extended<br />
family <strong>and</strong> household.<br />
Compile an integrated chronology of involvement with the child <strong>and</strong><br />
family on the part of all relevant organisations, professionals <strong>and</strong><br />
others who have contributed <strong>to</strong> the review process. Note specifically<br />
in the chronology each occasion on which the child was seen <strong>and</strong> the<br />
child’s wishes <strong>and</strong> feelings sought or expressed.<br />
Prepare an overview which summarises what relevant information<br />
was known <strong>to</strong> the agencies <strong>and</strong> professionals involved, about the<br />
parents/carers, any perpetra<strong>to</strong>r, <strong>and</strong> the home circumstances of the<br />
children.<br />
Analysis<br />
This part of the overview should look at how <strong>and</strong> why events occurred,<br />
decisions were made, actions taken or not. This is the part of the report in<br />
which reviewers can consider, with the benefit of hindsight, whether<br />
different decisions or actions may have led <strong>to</strong> an alternative course of<br />
events. The analysis section is also where any examples of good practice<br />
should be highlighted.<br />
Conclusions <strong>and</strong> Recommendations<br />
This part of the report should summarise what, in the opinion of the<br />
review panel, are the lessons <strong>to</strong> be drawn from the case, <strong>and</strong> how those<br />
lessons should be translated in<strong>to</strong> recommendations for action.<br />
Recommendations should include, but should not simply be limited <strong>to</strong>, the<br />
recommendations made in individual reports from each organisation.<br />
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Recommendations should be few in number, focused <strong>and</strong> specific, <strong>and</strong><br />
capable of being implemented. If there are lessons for national, as well as<br />
local, <strong>policy</strong> <strong>and</strong> practice these should also be highlighted.<br />
LSCB ACTION ON RECEIVING REPORTS<br />
29) On receiving an overview report the LSCB will:<br />
ensure that contributing organisations <strong>and</strong> individuals are satisfied<br />
that their information is fully <strong>and</strong> fairly represented in the overview<br />
report;<br />
translate recommendations in<strong>to</strong> an action plan which should be<br />
signed up <strong>to</strong> at a senior level by each of the organisations that need<br />
<strong>to</strong> be involved. The plan should set out who will do what, by when,<br />
<strong>and</strong> with what intended outcome. The plan should set out by what<br />
means improvements in practice/systems will be moni<strong>to</strong>red <strong>and</strong><br />
reviewed;<br />
clarify <strong>to</strong> whom the report, or any part of it, should be made<br />
available;<br />
disseminate report or key findings <strong>to</strong> interests as agreed. Make<br />
arrangements <strong>to</strong> provide feedback <strong>and</strong> de-briefing <strong>to</strong> staff, family<br />
members of the subject child, <strong>and</strong> the media, as appropriate;<br />
provide a copy of the overview report, action plan <strong>and</strong> individual<br />
management reports <strong>to</strong> the CSCI <strong>and</strong> DfES.<br />
REVIEWING INSTITUTIONAL ABUSE<br />
30) When serious abuse takes place in an institution, or multiple abusers<br />
are involved, the same principles of review apply but reviews are<br />
likely <strong>to</strong> be more complex, on a larger scale, <strong>and</strong> may require more<br />
time. Terms of reference need <strong>to</strong> be carefully constructed <strong>to</strong> explore<br />
the issues relevant <strong>to</strong> the specific case. For example, if children had<br />
been abused in a residential school, it would be important <strong>to</strong> explore<br />
whether <strong>and</strong> how the school had taken steps <strong>to</strong> create a safe<br />
environment for children, <strong>and</strong> <strong>to</strong> respond <strong>to</strong> specific concerns raised.<br />
31) There needs <strong>to</strong> be clarity over the interface between the different<br />
processes of investigation (including criminal investigations); casemanagement,<br />
including help for abused children <strong>and</strong> immediate<br />
measures <strong>to</strong> ensure that other children are safe; <strong>and</strong> review, i.e.<br />
learning lessons from the case <strong>to</strong> reduce the chance of such events<br />
happening again. The three different processes should inform each<br />
other. Any proposals for review should be agreed with those leading<br />
criminal investigations, <strong>to</strong> make sure that they do not prejudice<br />
possible criminal proceedings.<br />
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ACCOUNTABILITY AND DISCLOSURE<br />
32) LSCBs should consider carefully who might have an interest in<br />
reviews, for example, elected <strong>and</strong> appointed members of authorities,<br />
staff, members of the child’s family, the public, the media – <strong>and</strong> what<br />
information should be made available <strong>to</strong> each of these interests.<br />
There are difficult interests <strong>to</strong> balance, among them:<br />
the need <strong>to</strong> maintain confidentiality in respect of personal<br />
information contained within reports on the child, family<br />
members <strong>and</strong> others;<br />
the accountability of public services <strong>and</strong> the importance of<br />
maintaining public confidence in the process of internal review;<br />
the need <strong>to</strong> secure full <strong>and</strong> open participation from the different<br />
agencies <strong>and</strong> professionals involved;<br />
the responsibility <strong>to</strong> provide relevant information <strong>to</strong> those with a<br />
legitimate interest;<br />
Constraints on public information sharing when criminal<br />
proceedings are outst<strong>and</strong>ing, in that providing access <strong>to</strong><br />
information may not be within the control of the LSCB.<br />
33) It is important <strong>to</strong> anticipate requests for information <strong>and</strong> plan in<br />
advance how they should be met. For example, a lead agency may<br />
take responsibility for de-briefing family members, or for responding<br />
<strong>to</strong> media interest about a case, in liaison with contributing agencies<br />
<strong>and</strong> professionals. In all cases, the LSCB overview report should<br />
contain an executive summary which will be made public, which<br />
includes as a minimum, information about the review process, key<br />
issues arising from the case <strong>and</strong> the recommendations which have<br />
been made. The publication of the executive summary will need <strong>to</strong> be<br />
timed in accordance with the conclusion of any related court<br />
proceedings. The content will need <strong>to</strong> be suitably anonymised in order<br />
<strong>to</strong> protect the confidentiality of relevant family members <strong>and</strong> others.<br />
The LSCB should ensure that the SHA <strong>and</strong> the CSCI are briefed, so<br />
that they can work jointly <strong>to</strong> ensure that the Department of Health<br />
<strong>and</strong> the Department for Education <strong>and</strong> Skills respectively are fully<br />
briefed in advance about the publication of the executive summary.<br />
LEARNING LESSONS LOCALLY<br />
34) Reviews are of little value unless lessons are learned from them. At<br />
least as much effort should be spent on acting upon<br />
recommendations as on conducting the review. The following may<br />
help in getting maximum benefit from the review process, the LSCB<br />
will:<br />
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As far as possible, conduct the review in such a way that the<br />
process is a learning exercise in itself, rather than a trial or<br />
ordeal;<br />
Consider what information needs <strong>to</strong> be disseminated, how, <strong>and</strong><br />
<strong>to</strong> whom, in the light of a review. Be prepared <strong>to</strong> communicate<br />
both examples of good practice <strong>and</strong> areas where change is<br />
required;<br />
Focus recommendations on a small number of key areas, with<br />
specific <strong>and</strong> achievable proposals for change <strong>and</strong> intended<br />
outcomes; PCTs should seek feedback from SHAs who should<br />
use it <strong>to</strong> inform their performance management role.<br />
The LSCB should put in place a means of auditing against<br />
recommendations <strong>and</strong> intended outcomes;<br />
Seek feedback on review reports from the Commission for Social<br />
Care Inspection who should use reports <strong>to</strong> inform inspections<br />
<strong>and</strong> performance management;<br />
Day <strong>to</strong> day good practice can help ensure that reviews are conducted<br />
successfully <strong>and</strong> in a way most likely <strong>to</strong> maximise learning:<br />
Establish a culture of audit <strong>and</strong> review. Make sure that tragedies<br />
are not the only reason inter-agency work is reviewed;<br />
Have in place clear, systematic case recording <strong>and</strong> record <strong>keep</strong>ing;<br />
Develop good communication <strong>and</strong> mutual underst<strong>and</strong>ing between<br />
different disciplines <strong>and</strong> different LSCB members;<br />
Communicate with the local community <strong>and</strong> media <strong>to</strong> raise<br />
awareness of the positive <strong>and</strong> ‘helping’ work of statu<strong>to</strong>ry services<br />
with children, so that attention is not focused disproportionately on<br />
tragedies;<br />
Make sure staff <strong>and</strong> their representatives underst<strong>and</strong> what can be<br />
expected in the event of a child death/case review<br />
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1.6 CHILD DEATH REVIEWS<br />
From 1 st April 2008 the Local <strong>Safe</strong>guarding <strong>Children</strong> Board will have<br />
functions set out in regulations relating <strong>to</strong> child deaths. They become<br />
compulsory by that date, but may be carried out sooner.<br />
The functions will include:<br />
Collecting <strong>and</strong> analysing information about the deaths of all children<br />
in our area with a view <strong>to</strong> identifying<br />
Any matters of concern affecting the safety <strong>and</strong> welfare of<br />
children in the area of the authority, including any case giving<br />
rise <strong>to</strong> the need for a serious case review<br />
Any general public health or safety concerns arising from deaths<br />
of children<br />
Putting in place <strong>procedure</strong>s for ensuring that there is a coordinated<br />
response by the authority, their Board Partners <strong>and</strong><br />
other relevant persons <strong>to</strong> an unexpected death of a child.<br />
Detailed guidance will be provided by the LSCB as <strong>to</strong> how this process will<br />
operate locally in order <strong>to</strong> comply with the <strong>Working</strong> Together Guidance in<br />
Chapter 7 – “Child Death Review Process”.<br />
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1.7 A COMPETENT WORKFORCE – TRAINING AND DEVELOPMENT<br />
FOR INTER-AGENCY WORK<br />
1. DEFINITIONS:<br />
Training for inter <strong>and</strong> multi-agency work means training which will<br />
equip people <strong>to</strong> work effectively with those from other agencies <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children <strong>and</strong> young people, either<br />
through:<br />
• Single-agency training carried out by an agency for its own staff;<br />
<strong>and</strong>/or<br />
• Inter–agency training which is for staff of different agencies who<br />
either work <strong>to</strong>gether formally or come <strong>to</strong>gether for training or<br />
development.<br />
Inter-agency training is a highly effective way of promoting a common<br />
<strong>and</strong> shared underst<strong>and</strong>ing of the respective roles <strong>and</strong> responsibilities of<br />
different professionals <strong>and</strong> contributes <strong>to</strong> effective working relationships.<br />
2. PURPOSE OF TRAINING:<br />
The purpose of training is <strong>to</strong> achieve better outcomes for children <strong>and</strong><br />
young people by developing:<br />
a shared underst<strong>and</strong>ing of the tasks, processes, principles,<br />
<strong>and</strong> roles <strong>and</strong> responsibilities for safeguarding <strong>and</strong> promoting<br />
the welfare of children;<br />
a more effective <strong>and</strong> integrated approach <strong>to</strong> services both at<br />
a strategic <strong>and</strong> individual level;<br />
by improving communication between professionals<br />
by creating a common underst<strong>and</strong>ing of key terms,<br />
definitions, <strong>and</strong> thresholds for intervention <strong>and</strong> action;<br />
by developing effective working relationships enabling staff <strong>to</strong><br />
work in multi-disciplinary teams;<br />
by developing sound decision making based on:<br />
information sharing<br />
thorough assessment<br />
critical analysis<br />
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informed professional judgement<br />
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3. ROLES AND RESPONSIBILITIES<br />
Employers:<br />
Employers have a responsibility <strong>to</strong> ensure that their staff are<br />
competent <strong>and</strong> confident in carrying out their responsibilities for<br />
safeguarding <strong>and</strong> promoting children’s welfare <strong>and</strong> that they are<br />
aware of how <strong>to</strong> respond <strong>to</strong> safeguarding concerns before attending<br />
inter-agency training, by:<br />
ensuring staff receive relevant single agency training in order<br />
<strong>to</strong> derive maximum benefit from inter-agency training<br />
Employers are responsible for identifying adequate resources <strong>to</strong><br />
support inter-agency training, by:<br />
providing staff with the relevant expertise <strong>to</strong> support <strong>and</strong><br />
deliver the <strong>Safe</strong>guarding <strong>Children</strong> Board’s training strategy;<br />
allocating the time for staff <strong>to</strong> complete inter-agency training<br />
responsibilities effectively<br />
releasing staff <strong>to</strong> attend inter-agency training <strong>and</strong> ensuring<br />
opportunities <strong>to</strong> consolidate learning<br />
contributing <strong>to</strong> the planning, resourcing, delivery <strong>and</strong><br />
evaluation of training.<br />
<strong>Children</strong>’s Trust:<br />
Local Authorities <strong>and</strong> their partners are responsible for developing:<br />
a children’s workforce strategy which includes needs<br />
identified by the <strong>Safe</strong>guarding <strong>Children</strong> Board by:<br />
establishing systems for the delivery of single<br />
agency <strong>and</strong> inter-agency training on safeguarding<br />
<strong>and</strong> promoting children’s well-being<br />
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consulting with the <strong>Safe</strong>guarding <strong>Children</strong> Board<br />
about who should commission <strong>and</strong>/or deliver<br />
training.<br />
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Local <strong>Safe</strong>guarding <strong>Children</strong> Board:<br />
The LSCB is responsible for developing a training strategy for people<br />
working with children or working in services which impact on the<br />
safety <strong>and</strong> welfare of children. This includes comprehensive training<br />
on all aspects of safeguarding <strong>and</strong> promoting the welfare of children<br />
<strong>and</strong> will include:<br />
child death review process<br />
serious case review process<br />
LSCBs should contribute <strong>to</strong>, <strong>and</strong> work within the framework of the<br />
children’s workforce development strategy, by:<br />
planning <strong>and</strong> commissioning training based on a needs<br />
analysis<br />
evaluating both single <strong>and</strong> inter-agency training<br />
identifying an LSCB member with lead responsibility for<br />
training <strong>and</strong> a training sub-group of suitably skilled<br />
professionals <strong>to</strong> develop inter-agency strategy<br />
ensuring adequate resources <strong>to</strong> undertake the task.<br />
4. COMPONENTS OF EFFECTIVE TRAINING TO SAFEGUARD AND<br />
PROMOTE CHILDREN’S WELFARE<br />
All training in this area should:<br />
create an ethos which values collaborative working<br />
respects diversity (including race, culture <strong>and</strong> disability)<br />
promotes equality<br />
be child-centred<br />
promotes the participation of children <strong>and</strong> their families in<br />
safeguarding <strong>and</strong> promoting the welfare of children <strong>and</strong> child<br />
protection processes.<br />
Complies with the “Common Core of Skills <strong>and</strong> Knowledge for<br />
the <strong>Children</strong>’s Workforce”, <strong>to</strong> enable:<br />
effective communication <strong>and</strong> engagement with children,<br />
young people <strong>and</strong> their families <strong>and</strong> carers<br />
safeguarding <strong>and</strong> promoting the welfare of the child<br />
supporting transitions<br />
multi-agency working<br />
sharing information.<br />
http://www.everychildmatters.gov.uk/deliveringservices/commoncore/<br />
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5. TARGET AUDIENCES<br />
Training <strong>and</strong> development in safeguarding <strong>and</strong> promoting the<br />
welfare of children should be provided <strong>to</strong> all staff from the<br />
voluntary, statu<strong>to</strong>ry <strong>and</strong> independent sec<strong>to</strong>rs who are:<br />
in regular contact with:<br />
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• children <strong>and</strong> young people<br />
• adults who are parents/carers<br />
• in a position <strong>to</strong> identify concerns about maltreatment,<br />
including where identified though the Common<br />
Assessment Framework (CAF).<br />
This will include staff from the following agencies:<br />
housing<br />
hospital staff<br />
youth workers<br />
child minders<br />
private foster carers<br />
those working in residential <strong>and</strong> day care settings<br />
sport <strong>and</strong> leisure<br />
community <strong>and</strong> faith groups<br />
These staff need as a minimum; introduc<strong>to</strong>ry training on how <strong>to</strong> work<br />
<strong>to</strong>gether <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children.<br />
those who work regularly with:<br />
• children <strong>and</strong> young people<br />
• adults who are carers<br />
These are staff who may contribute <strong>to</strong> assessments of children in need.<br />
This includes:<br />
• GPs<br />
• hospital <strong>and</strong> community health staff<br />
• family centre workers<br />
• teachers<br />
• education welfare officers<br />
• social workers<br />
• mental health <strong>and</strong> substance misuse workers<br />
• learning disability staff<br />
• probation officers<br />
These staff need a higher level of expertise in order <strong>to</strong> underst<strong>and</strong> how<br />
<strong>to</strong> work <strong>to</strong>gether with other agencies <strong>to</strong> identify <strong>and</strong> assess concerns,<br />
plan <strong>and</strong> undertake interventions.<br />
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those with a particular responsibility for safeguarding children,<br />
such as:<br />
• designated or named health professionals<br />
• designated or named education professionals<br />
• Police<br />
• social workers<br />
• professionals who work complex cases, including S.47<br />
enquiries<br />
These staff need <strong>to</strong> have a thorough underst<strong>and</strong>ing of working <strong>to</strong>gether<br />
<strong>to</strong> safeguard <strong>and</strong> promote the welfare of children, including complex<br />
<strong>and</strong> / or serious cases.<br />
Operational managers at all levels<br />
• within organisations employing staff who work with children<br />
<strong>and</strong> families<br />
• who have responsibility for commissioning or delivering<br />
services<br />
• practice supervisors<br />
• professional advisers<br />
• designated child protection specialists<br />
These staff will need additional training that includes joint planning <strong>and</strong><br />
commissioning, managing joint teams/services; negotiating <strong>and</strong><br />
mediating training where conflict <strong>and</strong>/or differences arise.<br />
those who have a strategic <strong>and</strong> managerial responsibility for<br />
commissioning <strong>and</strong> delivering services <strong>to</strong> children <strong>and</strong> families. This<br />
includes:<br />
• those named in Section 11 of the <strong>Children</strong> Act 2004<br />
• all LSCBs members<br />
• school governors <strong>and</strong> trustees<br />
• members of the <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong>’s Strategic<br />
Partnership<br />
These staff should receive induction <strong>and</strong> ongoing developmental<br />
training so that they can fulfil their roles <strong>and</strong> responsibilities.<br />
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6. EFFECTIVE TRAINING:<br />
In order for training <strong>to</strong> be effective, it should:<br />
be delivered by trainers who are knowledgeable about<br />
safeguarding <strong>and</strong> promoting children’s welfare <strong>and</strong> who have<br />
the relevant specialist knowledge when delivering training on<br />
more complex aspects of safeguarding<br />
be informed by:<br />
• current research evidence<br />
• local serious case reviews <strong>and</strong> child death reviews<br />
• local <strong>and</strong> national developments<br />
reflect an underst<strong>and</strong>ing of the rights of the child<br />
respect diversity<br />
reflect the experience of service users<br />
be committed <strong>to</strong> ensuring equality of opportunity<br />
be regularly reviewed <strong>to</strong> ensure that it meets the agreed<br />
learning outcomes.<br />
Further information on training for different audiences can be found at<br />
www.everychildmatters.gov.uk/socialcare/safeguarding/lscb<br />
St<strong>and</strong>ards for Inter-Agency <strong>Working</strong>, Education <strong>and</strong> Training developed by<br />
Salford University can be found at<br />
http://www.chssc.salford.ac.uk/scswr/projects/interagency_working.shtml<br />
Information on the Workforce Development Strategy can be found at<br />
http://www.cwdcouncil.org.uk/advice/index.htm<br />
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2. CONTEXT IN WHICH ACTION TO SAFEGUARD AND<br />
PROMOTE CHILDREN’S WELFARE IS TAKEN<br />
2.1 SUPPORTING CHILDREN AND FAMILIES<br />
1 PARENTING, FAMILY LIFE AND SERVICES<br />
2 THE COMMON ASSESSMENT FRAMEWORK (CAF)<br />
3 INTERVENING IN FAMILY LIFE<br />
4 AN INTEGRATED APPROACH<br />
5 A SHARED RESPONSIBILITY<br />
6 INFORMATION SHARING<br />
7 RECORD KEEPING<br />
2.2 KEY DEFINITIONS AND CONCEPTS<br />
1 DEFINITIONS<br />
2 THE CONCEPT OF SIGNIFICANT HARM<br />
2.3 WHAT IS ABUSE AND NEGLECT?<br />
PHYSICAL ABUSE<br />
EMOTIONAL ABUSE<br />
SEXUAL ABUSE<br />
NEGLECT<br />
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2. CONTEXT IN WHICH ACTION TO SAFEGUARD AND<br />
PROMOTE CHILDREN’S WELFARE IS TAKEN<br />
2.1 SUPPORTING CHILDREN AND FAMILIES<br />
All children deserve the opportunity <strong>to</strong> achieve their full potential.<br />
There are five key outcomes that are key <strong>to</strong> children <strong>and</strong> young<br />
people’s wellbeing. These are that all children <strong>and</strong> young people are<br />
enabled <strong>to</strong>:<br />
Stay safe<br />
Be healthy<br />
Enjoy <strong>and</strong> achieve<br />
Make a positive contribution<br />
Achieve economic well-being<br />
In order <strong>to</strong> achieve this, children <strong>and</strong> young people need <strong>to</strong> feel<br />
loved <strong>and</strong> valued <strong>and</strong> <strong>to</strong> be supported by a network of reliable <strong>and</strong><br />
affectionate relationships. If they are denied the opportunity <strong>and</strong><br />
support they need <strong>to</strong> achieve the five outcomes, they are at<br />
increased risk not only of an impoverished childhood, but of<br />
disadvantage <strong>and</strong> social exclusion in adulthood. Abuse <strong>and</strong> neglect<br />
pose particular problems.<br />
1. PARENTING, FAMILY LIFE AND SERVICES:<br />
Patterns of family life vary <strong>and</strong> there is no one, perfect, way <strong>to</strong> bring<br />
up children.<br />
Section 17(1) of the <strong>Children</strong> Act 1989 states that: it shall be the general duty<br />
of every local authority (in addition <strong>to</strong> the other duties imposed on them by this<br />
Part) –<br />
a) <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children within their area who are in need;<br />
<strong>and</strong><br />
b) so far as is consistent with the duty, <strong>to</strong> promote the upbringing of such children by<br />
their families, by providing a range <strong>and</strong> level of services appropriate <strong>to</strong> those<br />
children’s needs.<br />
Section 17(10) states that a child shall be taken <strong>to</strong> be in need if:<br />
a) he is unlikely <strong>to</strong> achieve or maintain, or <strong>to</strong> have the opportunity of achieving or<br />
maintaining, a reasonable st<strong>and</strong>ard of health or development without the provisions<br />
for him of services by a local authority under this Part;<br />
b) his health or development is likely <strong>to</strong> be significantly impaired, or further impaired,<br />
without the provision of such services; or<br />
c) he is disabled.<br />
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Good parenting involves caring for children’s basic needs <strong>keep</strong>ing<br />
them safe needs, showing them warmth <strong>and</strong> love, providing the<br />
stimulation needed for their development <strong>and</strong> helping them achieve<br />
their potential, within a stable environment where they experience<br />
consistent guidance <strong>and</strong> boundaries.<br />
Parenting can be challenging. It often means juggling with<br />
competing priorities <strong>to</strong> balance work <strong>and</strong> home life as well as trying<br />
<strong>to</strong> underst<strong>and</strong> how best <strong>to</strong> meet children’s needs at all stages of<br />
their development. Parents themselves require <strong>and</strong> deserve<br />
support. Asking for help should be seen as a sign of responsibility<br />
rather than as a parenting failure.<br />
A wide range of services <strong>and</strong> professionals provide support <strong>to</strong><br />
families in bringing up children. Both statu<strong>to</strong>ry <strong>and</strong> voluntary<br />
services can support families: by helping all children develop <strong>to</strong> their<br />
full potential – for example, through universal educational <strong>and</strong><br />
health services; by providing specialist help <strong>to</strong> those who need it;<br />
<strong>and</strong> by providing support, or otherwise intervening, at times of<br />
adversity or crisis. In the great majority of cases, it should be the<br />
decision of parents when <strong>to</strong> ask for help <strong>and</strong> advice on their<br />
children’s care <strong>and</strong> upbringing. However, professionals do also need<br />
<strong>to</strong> engage parents early when <strong>to</strong> do so may prevent problems or<br />
difficulties becoming worse.<br />
2. THE COMMON ASSESSMENT FRAMEWORK (CAF)<br />
The Common Assessment Framework (CAF) provides a common<br />
process for an early holistic approach <strong>to</strong> identify more accurately<br />
<strong>and</strong> speedily a child/young person’s additional needs. It will be used<br />
by all those working with children, young people <strong>and</strong> families <strong>and</strong><br />
will enable them <strong>to</strong>;<br />
develop a common language<br />
develop a common underst<strong>and</strong>ing of thresholds of need <strong>and</strong><br />
interventions<br />
share information appropriately <strong>and</strong> effectively<br />
identify who (agency/organisation/professional <strong>and</strong> family<br />
member) is best placed <strong>to</strong> respond <strong>to</strong> any identified additional<br />
need<br />
improve the quality of referrals between agencies<br />
prevent duplication for children/families <strong>and</strong> professionals<br />
where further assessment is required<br />
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Where a child or young person has additional needs, a lead<br />
professional/worker will be identified who will:<br />
provide a key point of contact for the child, family <strong>and</strong> those<br />
working <strong>to</strong> support them<br />
ensure a co-ordinated response <strong>to</strong> meet identified needs<br />
plan, moni<strong>to</strong>r <strong>and</strong> review the support <strong>and</strong> services offered<br />
If at any time, during the CAF process, concerns arise that a<br />
child/young person is at risk of significant harm, a referral will<br />
need <strong>to</strong> be made <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
3. INTERVENING IN FAMILY LIFE<br />
Only in exceptional cases should there be compulsory intervention<br />
in family life: for example, where this is necessary <strong>to</strong> safeguard<br />
children from significant harm. Provided this is consistent with the<br />
safety <strong>and</strong> welfare of children intervention should support families<br />
in making their own plans for the welfare <strong>and</strong> protection of their<br />
children.<br />
Some children have particular needs because they need certain<br />
services in order <strong>to</strong> achieve or maintain a reasonable st<strong>and</strong>ard of<br />
health or development, or <strong>to</strong> prevent their development being<br />
impaired or because they are disabled. These children are<br />
described in The <strong>Children</strong> Act 1989 as being ‘children in need’.<br />
They, <strong>and</strong> possibly also their families, may need or benefit from, a<br />
range of extra support <strong>and</strong> services. (see also Pro<strong>to</strong>col 3 in<br />
Section 5: “Disabled <strong>Children</strong>”)<br />
4. AN INTEGRATED APPROACH<br />
Under s31(9) of the <strong>Children</strong> Act 1989:<br />
‘harm’ means ill-treatment or the impairment of health or development;<br />
‘development’ means physical, intellectual, emotional, social or behavioural<br />
development;<br />
‘health means physical or mental health; <strong>and</strong> ‘ill-treatment’ includes sexual abuse <strong>and</strong><br />
forms of ill-treatment that are not physical.<br />
Under s31(10) of the Act:<br />
Where the question of whether harm suffered by a child is significant turns on the child’s<br />
health <strong>and</strong> development, his health or development shall be compared with that which<br />
could reasonably be expected of a similar child.<br />
<strong>Children</strong> have varying needs which change over time. Some<br />
children may be suffering or be at risk of suffering significant<br />
harm, either as a result of a deliberate act, or of a failure on the<br />
part of a parent or carer <strong>to</strong> act or <strong>to</strong> provide proper care, or both.<br />
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These children need <strong>to</strong> be made safe from harm, alongside<br />
meeting their other needs.<br />
Judgements on how best <strong>to</strong> intervene when there are concerns<br />
about harm <strong>to</strong> children will often <strong>and</strong> unavoidably entail an<br />
element of risk – at the extreme, of leaving children for <strong>to</strong>o long in<br />
a dangerous situation or of removing children unnecessarily from<br />
their family.<br />
The way <strong>to</strong> proceed in the face of uncertainty is through<br />
competent professional judgements based on a sound assessment<br />
of the children’s needs, the parents’ capacity <strong>to</strong> respond <strong>to</strong> those<br />
needs – including their capacity <strong>to</strong> <strong>keep</strong> children safe from<br />
significant harm – <strong>and</strong> the wider family circumstances.<br />
Section 47(1) of the <strong>Children</strong> Act 1989 states that: where a local authority –<br />
a) are informed that a child who lives, or is found, in their area:<br />
i) is the subject of an emergency protection order; or<br />
ii) is in Police protection; or<br />
iii) has contravened a ban imposed by a curfew notice imposed within the meaning of<br />
Chapter 1 of Part 1 of the Crime <strong>and</strong> Disorder Act 1998;<br />
or<br />
b) have reasonable cause <strong>to</strong> suspect that a child who lives, or is found, in their area<br />
is suffering, or is likely <strong>to</strong> suffer, significant harm, the authority shall make, or cause <strong>to</strong><br />
be made, such enquiries as they consider necessary <strong>to</strong> enable them <strong>to</strong> decide whether<br />
they should take any action <strong>to</strong> safeguard or promote the child’s welfare.<br />
If the case of a child falling within paragraph (a)(iii) above, the enquiries shall be<br />
commenced as soon as practicable <strong>and</strong>, in any event, within 48 hours of the authority<br />
receiving the information.<br />
Effective measures <strong>to</strong> safeguard children are those which also<br />
promote their welfare. They should not be seen in isolation from<br />
the wider range of support <strong>and</strong> services already provided <strong>and</strong><br />
available <strong>to</strong> meet the needs of children <strong>and</strong> families:<br />
Enquiries under S.47 of the <strong>Children</strong> Act 1989 may reveal<br />
significant unmet needs for support <strong>and</strong> services among children<br />
<strong>and</strong> families. These should always be explicitly considered even<br />
when concerns are not substantiated about significant harm <strong>to</strong> a<br />
child, if the family so wishes.<br />
If processes for managing concerns about individual children are<br />
<strong>to</strong> result in improved outcomes for children, then effective plans<br />
for safeguarding children <strong>and</strong> promoting their welfare should be<br />
based on a wide ranging assessment of the needs of the child,<br />
parenting capacity <strong>and</strong> their family circumstances;<br />
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5. A SHARED RESPONSIBILITY<br />
<strong>Safe</strong>guarding <strong>and</strong> promoting the welfare of children – <strong>and</strong> in<br />
particular protecting them from significant harm - depends upon<br />
effective joint working between agencies <strong>and</strong> professionals that have<br />
different roles <strong>and</strong> expertise. Individual children, especially some of<br />
the most vulnerable children <strong>and</strong> those at greatest risk of social<br />
exclusion, will need co-ordinated help from health, education,<br />
<strong>Children</strong>’s Social Care, <strong>and</strong> quite possibly the voluntary sec<strong>to</strong>r <strong>and</strong><br />
other agencies, including youth justice services.<br />
In order <strong>to</strong> achieve this joint working there need <strong>to</strong> be constructive<br />
relationships between individual workers, promoted <strong>and</strong> supported<br />
by:<br />
a strong lead from elected or appointed authority members,<br />
<strong>and</strong> the commitment of chief officers in all agencies – <strong>and</strong> in<br />
particular, the Local Authority’s Direc<strong>to</strong>r of <strong>Children</strong>’s Services<br />
<strong>and</strong> Lead Member for <strong>Children</strong>’s Services.<br />
effective local co-ordination by the Local <strong>Safe</strong>guarding<br />
<strong>Children</strong> Board in each area.<br />
For those children who are suffering, or at risk of suffering,<br />
significant harm, joint working is essential <strong>to</strong> safeguard <strong>and</strong> promote<br />
their welfare <strong>and</strong> – where necessary – <strong>to</strong> help bring <strong>to</strong> justice the<br />
perpetra<strong>to</strong>rs of crimes against children. All agencies <strong>and</strong><br />
professionals should:<br />
be alert <strong>to</strong> potential indica<strong>to</strong>rs of abuse or neglect;<br />
be alert <strong>to</strong> the risks which individual abusers, or potential<br />
abusers, may pose <strong>to</strong> children;<br />
share <strong>and</strong> help <strong>to</strong> analyse information so that an informed<br />
assessment can be made of the children’s needs <strong>and</strong><br />
circumstances;<br />
contribute <strong>to</strong> whatever actions are needed <strong>to</strong> safeguard<br />
children <strong>and</strong> promote their welfare;<br />
take part in regularly reviewing the outcomes for children<br />
against specific shared objectives; <strong>and</strong><br />
work co-operatively with parents unless this is inconsistent<br />
with the need <strong>to</strong> ensure children’s safety.<br />
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6. INFORMATION SHARING:<br />
If somebody believes that a child may be suffering, or may be at<br />
risk of suffering significant harm, then s/he should always refer his<br />
or her concerns <strong>to</strong> <strong>Children</strong>’s Social Care. In addition <strong>to</strong> <strong>Children</strong>’s<br />
Social Care, the Police <strong>and</strong> the NSPCC have powers <strong>to</strong> intervene in<br />
these circumstances. Sometimes concerns will arise within<br />
<strong>Children</strong>’s Social Care itself, as new information comes <strong>to</strong> light about<br />
a child <strong>and</strong> family with whom staff are already in contact.<br />
While professionals should seek, in general, <strong>to</strong> discuss any concerns<br />
with the family <strong>and</strong>, where possible, seek their agreement <strong>to</strong> making<br />
referrals <strong>to</strong> <strong>Children</strong>’s Social Care, this should only be done<br />
where such discussion <strong>and</strong> agreement-seeking will not place<br />
a child at increased risk of significant harm.<br />
See also - Home Office guidance on information sharing in cases of<br />
domestic violence:<br />
http://www.homeoffice.gov.uk/rds/pdfs04/dpr30.pdf<br />
7. RECORD KEEPING:<br />
Good record <strong>keep</strong>ing is an important part of the accountability of<br />
professionals <strong>to</strong> those who use their services. It helps focus work,<br />
<strong>and</strong> it is essential <strong>to</strong> working effectively across agency <strong>and</strong><br />
professional boundaries. Clear <strong>and</strong> accurate records ensure that<br />
there is a documented account of an agency’s or professional’s<br />
involvement with a child <strong>and</strong>/or family. They help with continuity<br />
when individual workers are unavailable or change, <strong>and</strong> they provide<br />
an essential <strong>to</strong>ol for managers <strong>to</strong> moni<strong>to</strong>r work or for peer review.<br />
Records are an essential source of evidence for investigations <strong>and</strong><br />
inquiries, <strong>and</strong> may also be required <strong>to</strong> be disclosed in court<br />
proceedings. Cases where S47 enquiries do not result in the<br />
substantiation of referral concerns should be retained in accordance<br />
with agency retention policies. These policies should ensure that<br />
records are s<strong>to</strong>red safely <strong>and</strong> can be retrieved promptly <strong>and</strong><br />
efficiently.<br />
To serve these purposes records should use clear, straightforward<br />
language, be concise, <strong>and</strong> be accurate not only in fact, but also in<br />
differentiating between opinion, judgement <strong>and</strong> hypothesis.<br />
Well kept records provide an essential underpinning <strong>to</strong> good<br />
professional practice. <strong>Safe</strong>guarding <strong>and</strong> promoting the welfare of<br />
children requires information <strong>to</strong> be brought <strong>to</strong>gether from a number<br />
of sources <strong>and</strong> careful professional judgements <strong>to</strong> be made on the<br />
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asis of this information. Records should be clear, accessible <strong>and</strong><br />
comprehensive, with judgements made <strong>and</strong> decisions <strong>and</strong><br />
interventions carefully recorded. Where decisions have been taken<br />
jointly across agencies, or endorsed by a manager, this should be<br />
made clear.<br />
Where possible all records <strong>and</strong> decisions should be entered<br />
electronically e.g. on the child’s electronic Social Care record.<br />
N.B. All agencies need <strong>to</strong> be aware that all records (notes,<br />
minutes, plans etc) can be potentially disclosed as evidence<br />
in criminal <strong>and</strong> civil proceedings.<br />
2.2 KEY DEFINITIONS AND CONCEPTS<br />
1. DEFINITIONS:<br />
a child:<br />
for the purposes of this guidance, ‘a child’ is anyone who<br />
has not yet reached their 18 th Birthday <strong>and</strong> regardless of<br />
whether or not they are living independently.<br />
Parental responsibility:<br />
parental responsibility" means all the rights, duties,<br />
powers, responsibilities <strong>and</strong> authority which by law a<br />
parent of a child has in relation <strong>to</strong> the child <strong>and</strong> the<br />
child’s property<br />
<strong>Children</strong> in need:<br />
The <strong>Children</strong> who are defined as being in need under<br />
s.17 of the <strong>Children</strong> Act 1989.<br />
The critical fac<strong>to</strong>rs <strong>to</strong> be taken in<strong>to</strong> account in deciding<br />
whether or not a child is in need are what will happen <strong>to</strong><br />
a child’s health or development if services are not<br />
provided <strong>and</strong> what the likely effect services will have on<br />
the child’s st<strong>and</strong>ard of health <strong>and</strong> development. Local<br />
authorities have a duty <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of children in need.<br />
<strong>Safe</strong>guarding <strong>and</strong> promoting the welfare of<br />
children is:<br />
• protecting them from maltreatment<br />
• preventing impairment of their health <strong>and</strong><br />
development<br />
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• ensuring that children are growing up in<br />
circumstances consistent with the provision<br />
of safe <strong>and</strong> effective care.<br />
And undertaking that role so as <strong>to</strong> enable those children<br />
<strong>to</strong> have optimum life chances <strong>and</strong> <strong>to</strong> enter adulthood<br />
successfully. It is the accumulation of both safeguarding<br />
activity <strong>and</strong> promoting the welfare of children activity<br />
that contributes <strong>to</strong> good outcomes for children.<br />
Child protection:<br />
Child protection is a part of safeguarding <strong>and</strong> promoting<br />
welfare <strong>and</strong> refers <strong>to</strong> activity <strong>to</strong> protect specific children<br />
under S.47 of the <strong>Children</strong> Act who are suffering or at<br />
risk of suffering significant harm.<br />
N.B. all agencies <strong>and</strong> individuals should aim <strong>to</strong><br />
proactively safeguard <strong>and</strong> promote the<br />
welfare of children so that the need for<br />
action <strong>to</strong> protect them from harm is<br />
reduced.<br />
THE CONCEPT OF SIGNIFICANT HARM:<br />
The <strong>Children</strong> Act 1989 introduced the concept of significant harm as<br />
the threshold that justifies compulsory intervention in family life in<br />
the best interests of children. The local authority is under a duty <strong>to</strong><br />
make enquiries, or cause enquiries <strong>to</strong> be made, where it has<br />
reasonable cause <strong>to</strong> suspect that a child is suffering, or likely <strong>to</strong><br />
suffer, significant harm (S.47). A Court may only make a Care Order<br />
(committing the child <strong>to</strong> the care of the Local Authority) or<br />
Supervision Order (putting the child under the supervision of a Social<br />
Worker or Probation Officer) in respect of a child if it is satisfied that:<br />
the child is suffering or is likely <strong>to</strong> suffer significant harm; <strong>and</strong><br />
that the harm or likelihood of harm is attributable <strong>to</strong> a lack of<br />
adequate parental care or control (s31).<br />
There are no absolute criteria on which <strong>to</strong> rely when judging what<br />
constitutes significant harm. Consideration of the severity of illtreatment<br />
may include the degree <strong>and</strong> the extent of physical harm,<br />
the duration <strong>and</strong> frequency of abuse <strong>and</strong> neglect, the extent of<br />
premeditation, the presence of degree of threat, <strong>and</strong>/or coercion,<br />
sadism, <strong>and</strong> bizarre or unusual elements in child sexual abuse. Each<br />
of these elements has been associated with more severe effects on<br />
the child, <strong>and</strong>/or relatively greater difficulty in helping the child<br />
overcome the adverse impact of the ill-treatment.<br />
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Sometimes a single traumatic event may constitute significant harm<br />
e.g. a violent assault, suffocation or poisoning. More often, significant<br />
harm is a compilation of significant events, both acute <strong>and</strong> longst<strong>and</strong>ing,<br />
which interrupt, change or damage the child’s physical <strong>and</strong><br />
psychological development.<br />
Some children live in family <strong>and</strong> social circumstances where their<br />
health <strong>and</strong> development are neglected. For them, it is the<br />
corrosiveness of long-term emotional, physical or sexual abuse that<br />
causes impairment <strong>to</strong> the extent of constituting significant harm. In<br />
each case, it is necessary <strong>to</strong> consider any ill-treatment alongside the<br />
family’s strengths <strong>and</strong> support.<br />
To underst<strong>and</strong> <strong>and</strong> identify significant harm, it is necessary <strong>to</strong><br />
consider:<br />
the nature of harm, in terms of maltreatment or failure <strong>to</strong><br />
provide adequate care;<br />
the impact on the child’s health <strong>and</strong> development;<br />
the child’s development within the context of their family <strong>and</strong><br />
wider environment;<br />
any special needs, such as a medical condition, communication<br />
impairment or disability that may affect the child’s development<br />
<strong>and</strong> care within the family;<br />
the capacity of parents <strong>to</strong> meet adequately the child’s needs;<br />
<strong>and</strong> the wider <strong>and</strong> environmental family context.<br />
The child’s reactions, his or her perceptions, <strong>and</strong> wishes <strong>and</strong> feelings<br />
should be ascertained <strong>and</strong> taken account of according <strong>to</strong> the child’s<br />
age <strong>and</strong> underst<strong>and</strong>ing.<br />
To do this depends on effectively communicating with children <strong>and</strong><br />
young people including those who find it difficult <strong>to</strong> do so because of<br />
their age, an impairment or their particular psychological or social<br />
situation.<br />
It is essential that any accounts of adverse experiences coming from<br />
children are as accurate <strong>and</strong> complete as possible. “Accuracy is key,<br />
for without it effective decisions cannot be made <strong>and</strong>, equally,<br />
inaccurate accounts can lead <strong>to</strong> children remaining unsafe, or <strong>to</strong> the<br />
possibility of wrongful actions being taken that affect children <strong>and</strong><br />
adults.”<br />
Jones, DPH (2003) Communicating with vulnerable children: a guide for<br />
practitioners, pp.1-2, London, Gaskell.<br />
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2.3 WHAT IS ABUSE AND NEGLECT?<br />
Abuse <strong>and</strong> neglect are forms of maltreatment of a child.<br />
Somebody may abuse or neglect a child by inflicting harm, or<br />
by failing <strong>to</strong> act <strong>to</strong> prevent harm. <strong>Children</strong> may be abused in a<br />
family or in an institutional or community setting; by those<br />
known <strong>to</strong> them or, more rarely, by a stranger. They may be<br />
abused by an adult or adults or another child or children.<br />
PHYSICAL ABUSE:<br />
Physical abuse may involve hitting, shaking, throwing,<br />
poisoning, burning or scalding, drowning, suffocating, or<br />
otherwise causing physical harm <strong>to</strong> a child. Physical harm may<br />
also be caused when a parent or carer fabricates the<br />
symp<strong>to</strong>ms of, or deliberately induces illness in a child.<br />
EMOTIONAL ABUSE:<br />
Emotional abuse is the persistent emotional maltreatment of a<br />
child such as <strong>to</strong> cause severe <strong>and</strong> persistent adverse effects<br />
on the child’s emotional development. It may involve<br />
conveying <strong>to</strong> children that they are worthless or unloved,<br />
inadequate, or valued only insofar as they meet the needs of<br />
another person. It may feature age or developmentally<br />
inappropriate expectations being imposed on children. These<br />
may include interactions that are beyond the child’s<br />
developmental capability, as well as overprotection <strong>and</strong><br />
limitation of exploration <strong>and</strong> learning, or preventing the child<br />
participating in normal social interaction. It may involve<br />
seeing or hearing the ill-treatment of another. It may involve<br />
serious bullying causing children frequently <strong>to</strong> feel frightened<br />
or in danger, or the exploitation or corruption of children.<br />
Some level of emotional abuse is involved in all types of<br />
maltreatment of a child, though it may occur alone.<br />
SEXUAL ABUSE:<br />
Sexual abuse involves forcing or enticing a child or young<br />
person <strong>to</strong> take part in sexual activities, including prostitution,<br />
whether or not the child is aware of what is happening. The<br />
activities may involve physical contact, including penetrative<br />
(e.g. rape, buggery or oral sex) or non-penetrative acts. They<br />
may include non-contact activities, such as involving children<br />
in looking at, or in the production of, pornographic material or<br />
watching sexual activities, or encouraging children <strong>to</strong> behave<br />
in sexually inappropriate ways.<br />
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NEGLECT:<br />
Neglect is the persistent failure <strong>to</strong> meet a child’s basic physical<br />
<strong>and</strong>/or psychological needs, likely <strong>to</strong> result in the serious<br />
impairment of the child’s health or development. Neglect may<br />
occur during pregnancy as a result of maternal substance<br />
abuse. Once a child is born, neglect may involve a parent or<br />
carer failing <strong>to</strong> provide adequate food <strong>and</strong> clothing, shelter<br />
including exclusion from home or ab<strong>and</strong>onment, failing <strong>to</strong><br />
protect a child from physical <strong>and</strong> emotional harm or danger,<br />
failure <strong>to</strong> ensure adequate supervision including the use of<br />
inadequate care-takers, or the failure <strong>to</strong> ensure access <strong>to</strong><br />
appropriate medical care or treatment. It may also include<br />
neglect of, or unresponsiveness <strong>to</strong>, a child’s basic emotional<br />
needs.<br />
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3. MANAGING INDIVIDUAL CASES<br />
3.1. PRINCIPLES UNDERPINNING WORK TO SAFEGUARD<br />
& PROMOTE THE WELFARE OF CHILDREN<br />
3.2. RECOGNITION OF HARM<br />
1 Information Given<br />
2 The Child’s Behaviour<br />
3 An Injury Which Arouses Suspicion<br />
4 Suspicion Being Raised<br />
5 Contact With A Person Known To Pose A Risk To <strong>Children</strong><br />
6 The Parent’s Behaviour Before The Birth Of A Child<br />
7 Mental Health Of Parent/Carer<br />
8 Allegations Of Harm Arising From Underage Sexual Activity<br />
9 <strong>Children</strong> Who May Be Particularly Vulnerable<br />
9.1 <strong>Children</strong> Living Away From Home<br />
9.2 Disabled <strong>Children</strong><br />
9.3 <strong>Children</strong> Abused By <strong>Children</strong> And <strong>Young</strong> <strong>People</strong><br />
9.4 <strong>Children</strong> Who Are Subject To Bullying<br />
9.5 <strong>Children</strong> Whose Behaviour Indicates A Lack Of Parental<br />
Control<br />
9.6 The Impact Of Race & Racism<br />
9.7 Domestic Violence<br />
9.8 Substance Misuse<br />
9.9 Child Abuse Linked To Belief In “Possession” Or “Witchcraft”<br />
Or In Other Ways Linked To Spiritual Or Religious Belief<br />
9.10 <strong>Safe</strong>guarding <strong>Children</strong> From Abuse Through Information<br />
Communication Technology (I.C.T.)<br />
9.11 <strong>Children</strong> And Families Who Go Missing<br />
9.12 <strong>Children</strong> And <strong>Young</strong> <strong>People</strong> Who Run Away/Go Missing<br />
9.13 <strong>Children</strong> Of Families Living In Temporary Accommodation<br />
9.14 Migrant <strong>Children</strong><br />
9.15 Child Victims Of Trafficking<br />
9.16 Unaccompanied Asylum Seeking <strong>Children</strong><br />
10. <strong>Children</strong> Abused In Specific Circumstances<br />
10.1 <strong>Children</strong> Abused Through Prostitution<br />
10.2 Fabricated Or Induced Illness<br />
10.3 Investigating Complex (Organised Or Multiple) Abuse<br />
10.4 Female Genital Mutilation<br />
10.5 Forced Marriage<br />
10.6 Allegations Of Abuse Made Against <strong>People</strong> Who Work With<br />
<strong>Children</strong><br />
10.7 Allegations Against Foster Carers<br />
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3.3. THE PROCESSES FOR SAFEGUARDING AND<br />
PROMOTING THE WELFARE OF CHILDREN<br />
1. Being Alert To <strong>Children</strong>’s Welfare<br />
2. Referrals To Local Authority <strong>Children</strong>’s Social Care<br />
2.1 Responding To Child Welfare Concerns Where There Is<br />
Or May Be An Alleged Crime<br />
2.2 Response Of <strong>Children</strong>’s Social Care To A Referral:<br />
2.3 Confirmation Of Referrals<br />
2.4 Immediate Action Following A Referral<br />
2.5 Referrals From Members Of The Public<br />
2.6 Decision To Take No Further Action<br />
2.7 Emergency Action<br />
2.8 Child Or Family Already Known To <strong>Children</strong>’s Social Care<br />
3. Initial Assessment<br />
3.1 Communicating With <strong>Children</strong><br />
3.2 Action Following An Initial Assessment<br />
4. Next Steps – Child In Need But No Suspected Actual Or Likely<br />
Significant Harm<br />
5. Next Steps – Child In Need And Suspected Actual Or Likely<br />
Significant Harm<br />
5.1 Immediate Protection<br />
5.2 Police Powers Of Protection<br />
5.3 Responsibility Of Other Local Authorities<br />
6. Strategy Discussion:<br />
6.1 The Discussions Should Be Used To Plan Enquiries Under<br />
S.47 - The Following <strong>People</strong> Will Be Involved<br />
6.2 The Purpose Of The Strategy Discussion/Meeting<br />
6.3 Disabled <strong>Children</strong><br />
6.4 Fabricated Or Induced Illness<br />
6.5 Complex (Organised Or Multiple) Abuse<br />
6.6 Allegations of abuse against people who work with<br />
children<br />
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7. Section 47 Enquiries And Core Assessment:<br />
7.1 The Core Assessment<br />
7.2 Medical Examination/Assessment<br />
7.3 Parental Involvement<br />
7.4 Interviewing The Child<br />
7.5 Child Assessment Orders:<br />
7.6 The Impact Of S.47 Enquiries On The Family And Child<br />
7.7 The Outcome Of S47 Enquiries<br />
7.8 Concerns Are Not Substantiated<br />
7.9 Concerns Are Substantiated, But The Child Is Not Judged<br />
To Be At Continuing Risk Of Significant Harm<br />
7.10 Decision Not To Proceed To A Child Protection<br />
Conference<br />
7.11 Concerns Are Substantiated And The Child Is Judged To<br />
Be At Continuing Risk Of Significant Harm<br />
8. Initial Assessment And Enquiries: Ten Pitfalls And How To<br />
Avoid Them<br />
9. Child Protection Conferences<br />
9.1 When To Convene A Conference<br />
9.2 The Initial Child Protection Conference<br />
9.3 Attendance And Quorum<br />
9.4 Involving The Child And Family Members<br />
9.5 Conduct And Exclusions From A Child Protection<br />
Conference<br />
9.6 Participation By Professionals<br />
9.7 Report For Initial Child Protection Conference (Form 1 Or<br />
GPs Form)<br />
9.8 The Focus Of The Initial Child Protection Conference<br />
9.9 Is The Child At Continuing Risk Of Significant Harm?<br />
9.10 Categories For A Child Protection Plan<br />
9.11 The Child Protection Conference Decision Record (Form<br />
2)<br />
9.12 The Child Protection Plan<br />
9.13 The Outline Child Protection Plan<br />
9.14 The Child In Need Plan (Child/<strong>Young</strong> Person’s Plan)<br />
9.15 Requests For Specialist Assessment<br />
9.16 Pre-Birth Child Protection Conferences And Reviews<br />
9.17 Action Following The Initial Child Protection Conference<br />
9.18 The Core Group And Child/<strong>Young</strong> Person’s Plan<br />
9.19 The Child Protection Review Conference (Form 6)<br />
9.20 The Focus Of The Child Protection Review Conference<br />
9.21 <strong>Children</strong> Looked After By The Local Authority<br />
9.22 Discontinuing The Child/<strong>Young</strong> Person’s Plan /Child<br />
Protection Registration<br />
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9.23 The Child In Need Plan Review (Form 3)<br />
9.24 Chairing The Conference<br />
9.25 Managing And Providing Information About A Child<br />
9.26 Administrative Arrangements And Record Keeping<br />
Appendix 1 - Resolving Professional Differences Of View<br />
In<br />
Specific Cases<br />
Appendix 2 - Confirmation Of Verbal Referral<br />
Appendix 3 - Template - Minutes Of Strategy Meeting<br />
Appendix 4 - Template – GP’s Report For Child Protection<br />
Conference<br />
Appendix 5 - Template - Report For Initial Child<br />
Protection Conference (form 1)<br />
Appendix 6 - Template - Report For Review Conference<br />
(form 6)<br />
Appendix 7 - Template – Child / <strong>Young</strong> Person’s Plan<br />
(form 3)<br />
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3. MANAGING INDIVIDUAL CASES<br />
3.1 PRINCIPLES UNDERPINNING WORK TO SAFEGUARD &<br />
PROMOTE THE WELFARE OF CHILDREN<br />
Achieving good outcomes for children requires all those with<br />
responsibility for assessment <strong>and</strong> the provision of services <strong>to</strong> work<br />
<strong>to</strong>gether according <strong>to</strong> an agreed plan of action. Effective<br />
collaboration requires organisations <strong>and</strong> people <strong>to</strong> be clear about:<br />
their roles <strong>and</strong> responsibilities for safeguarding <strong>and</strong><br />
promoting the welfare of children (see s11 of the <strong>Children</strong> Act<br />
2004 guidance (2005) <strong>and</strong> Chapter 2 “<strong>Working</strong> <strong>to</strong>gether <strong>to</strong><br />
safeguard children” Roles <strong>and</strong> Responsibilities);<br />
the purpose of their activity, the decisions that are required<br />
at each stage of the process <strong>and</strong> what are the planned<br />
outcomes for the child <strong>and</strong> family members;<br />
the legislative basis for the work;<br />
the pro<strong>to</strong>cols <strong>and</strong> <strong>procedure</strong>s <strong>to</strong> be followed, including the<br />
way in which information will be shared across professional<br />
boundaries <strong>and</strong> within agencies, <strong>and</strong> be recorded;<br />
which organisation, team or professional has lead<br />
responsibility, <strong>and</strong> the precise roles of everyone else who is<br />
involved, including the way in which children <strong>and</strong> family<br />
members will be involved; <strong>and</strong><br />
any timescales set down in regulations or guidance which<br />
governs the completion of assessments, making of plans <strong>and</strong><br />
timing of reviews.<br />
The following principles, which draw on findings from research,<br />
underpin work with children <strong>and</strong> their families <strong>to</strong> safeguard <strong>and</strong><br />
promote the welfare of children (see also paragraph 2.18 in the<br />
Guidance issued under S11 of the <strong>Children</strong> Act 2004). These<br />
principles should be followed when implementing the guidance set<br />
out in this chapter. They will be relevant <strong>to</strong> varying degrees<br />
depending on the functions <strong>and</strong> level of involvement of the<br />
organisation <strong>and</strong> the individual practitioner concerned.<br />
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Work <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children should be:<br />
CHILD CENTRED<br />
Some of the worst failures of the system have occurred when<br />
professionals have lost sight of the child <strong>and</strong> concentrated<br />
instead on their relationship with the adults. The child should<br />
be seen by the practitioner <strong>and</strong> kept in focus throughout work<br />
with the child <strong>and</strong> family. The child’s voice should be heard<br />
<strong>and</strong> account taken of their perspective <strong>and</strong> their views.<br />
ROOTED IN CHILD DEVELOPMENT<br />
All staff working with children should be informed by a<br />
developmental perspective which recognises that, as children<br />
grow, they continue <strong>to</strong> develop their skills <strong>and</strong> abilities. Each<br />
stage, from infancy through middle years <strong>to</strong> adolescence, lays<br />
the foundation for more complex development. Plans <strong>and</strong><br />
interventions <strong>to</strong> safeguard <strong>and</strong> promote the child’s welfare<br />
should be based on a clear assessment of the child’s<br />
developmental progress <strong>and</strong> the difficulties a child may be<br />
experiencing. Planned action should also be timely <strong>and</strong><br />
appropriate for the child’s age <strong>and</strong> stage of development.<br />
FOCUSED ON OUTCOMES FOR CHILDREN<br />
When working directly with a child, any plan developed for the<br />
child <strong>and</strong> their family or caregiver should be based on an<br />
assessment of the child’s developmental needs <strong>and</strong> the<br />
parents/caregivers’ capacity <strong>to</strong> respond <strong>to</strong> these needs within<br />
their community contexts. This plan should set out the<br />
planned outcomes for each child <strong>and</strong> at review the actual<br />
outcomes should be recorded.<br />
The purpose of all interventions should be <strong>to</strong> achieve the best<br />
possible outcomes for each child recognising each is unique.<br />
These outcomes should contribute <strong>to</strong> the key outcomes set out<br />
for all children in the <strong>Children</strong> Act 2004.<br />
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HOLISTIC IN APPROACH<br />
Having a holistic approach means having an underst<strong>and</strong>ing of<br />
a child within the context of the child’s family (parents or<br />
caregivers <strong>and</strong> the wider family) <strong>and</strong> of the educational<br />
setting, community <strong>and</strong> culture in which he or she is growing<br />
up. The interaction between the developmental needs of<br />
children, the capacities of parents or caregivers <strong>to</strong> respond<br />
appropriately <strong>to</strong> those needs <strong>and</strong> the impact of wider family<br />
<strong>and</strong> environmental fac<strong>to</strong>rs on children <strong>and</strong> on parenting<br />
capacity requires careful exploration during an assessment.<br />
The ultimate aim is <strong>to</strong> underst<strong>and</strong> the child’s developmental<br />
needs within the context of the family <strong>and</strong> <strong>to</strong> provide<br />
appropriate services which respond <strong>to</strong> those needs. The<br />
analysis of the child’s situation will inform planning <strong>and</strong> action<br />
in order <strong>to</strong> secure the best outcomes for the child, <strong>and</strong> will<br />
inform the subsequent review of the effectiveness of actions<br />
taken <strong>and</strong> services provided. The child’s context will be even<br />
more complex when they are living away from home <strong>and</strong><br />
looked after by adults who do not have parental responsibility<br />
for them.<br />
ENSURING EQUALITY OF OPPORTUNITY<br />
Equality of opportunity means that all children have the<br />
opportunity <strong>to</strong> achieve the best possible development,<br />
regardless of their gender, ability, race, ethnicity,<br />
circumstances or age. Some vulnerable children may have<br />
been particularly disadvantaged in their access <strong>to</strong> important<br />
opportunities <strong>and</strong> their health <strong>and</strong> educational needs will<br />
require particular attention in order <strong>to</strong> optimise their current<br />
welfare as well as their long-term outcomes in young<br />
adulthood.<br />
INVOLVING OF CHILDREN AND FAMILIES<br />
In the process of finding out what is happening <strong>to</strong> a child it is<br />
important <strong>to</strong> listen <strong>and</strong> develop an underst<strong>and</strong>ing of his or her<br />
wishes <strong>and</strong> feelings. The importance of developing a cooperative<br />
working relationship is emphasised, so that parents<br />
or caregivers feel respected <strong>and</strong> informed, they believe agency<br />
staff are being open <strong>and</strong> honest with them, <strong>and</strong> in turn they<br />
are confident about providing vital information about their<br />
child, themselves <strong>and</strong> their circumstances. The consent of<br />
children, young people <strong>and</strong> their parents or caregivers should<br />
be obtained when sharing information unless <strong>to</strong> do so would<br />
place the child at risk of significant harm.<br />
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Decisions should also be made with their agreement,<br />
whenever possible, unless <strong>to</strong> do so could place the child at risk<br />
of significant harm.<br />
BUILDING ON STRENGTHS AS WELL AS IDENTIFYING<br />
DIFFICULTIES<br />
Identifying both strengths <strong>and</strong> difficulties within the child, his<br />
or her family <strong>and</strong> the context in which they are living is<br />
important, as is considering how these fac<strong>to</strong>rs have an impact<br />
on the child’s health <strong>and</strong> development. Too often it has been<br />
found that a deficit model of working with families<br />
predominates in practice, <strong>and</strong> ignores crucial areas of success<br />
<strong>and</strong> effectiveness within the family on which <strong>to</strong> base<br />
interventions.<br />
<strong>Working</strong> with a child or family’s strengths becomes an<br />
important part of a plan <strong>to</strong> resolve difficulties.<br />
MULTI/INTER-AGENCY IN APPROACH<br />
From birth, there will be a variety of different agencies <strong>and</strong><br />
programmes in the community involved with children <strong>and</strong> their<br />
development, particularly in relation <strong>to</strong> their health <strong>and</strong><br />
education. Multi <strong>and</strong> inter-agency work <strong>to</strong> safeguard <strong>and</strong><br />
promote children’s welfare starts as soon as there are<br />
concerns about a child’s welfare, not just when there are<br />
questions about possible harm.<br />
A CONTINUING PROCESS NOT AN EVENT<br />
Underst<strong>and</strong>ing what is happening <strong>to</strong> a vulnerable child within<br />
the context of his or her family <strong>and</strong> the local community, <strong>and</strong><br />
taking appropriate action are continuing <strong>and</strong> interactive<br />
processes <strong>and</strong> not single events. Assessment should continue<br />
throughout a period of intervention, <strong>and</strong> intervention may<br />
start at the beginning of an assessment.<br />
PROVIDING AND REVIEWING SERVICES<br />
Action <strong>and</strong> services should be provided according <strong>to</strong> the<br />
identified needs of the child <strong>and</strong> family in parallel with<br />
assessment where necessary. It is not necessary <strong>to</strong> await<br />
completion of the assessment process. Immediate <strong>and</strong><br />
practical needs should be addressed alongside more complex<br />
<strong>and</strong> longer term ones. The impact of service provision on a<br />
child’s developmental progress should be reviewed.<br />
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INFORMED BY EVIDENCE<br />
Effective practice with children <strong>and</strong> families requires sound<br />
professional judgements which are underpinned by a rigorous<br />
evidence base, <strong>and</strong> draw on the practitioner’s knowledge <strong>and</strong><br />
experience.<br />
3.2 RECOGNITION OF HARM:<br />
The harm or possible harm of a child may come <strong>to</strong> your attention<br />
in a number of different ways, including through the Common<br />
Assessment Framework.<br />
This may be by:<br />
1. INFORMATION GIVEN by the child, his/her friends, a family<br />
member or close associate. When a child makes a disclosure<br />
of harm it is important that, as far as possible, the following<br />
basic principles are adhered <strong>to</strong>:<br />
listen <strong>to</strong> what the child has <strong>to</strong> say with an open mind;<br />
do not ask probing or leading questions designed <strong>to</strong> get<br />
the child <strong>to</strong> reveal more;<br />
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never s<strong>to</strong>p a child who is freely recalling significant<br />
events;<br />
make a note of the discussion, taking care <strong>to</strong> record the<br />
timing, setting <strong>and</strong> people present, as well as what was<br />
said;<br />
never promise the child that what they have <strong>to</strong>ld you<br />
can be kept secret. Explain that you have a<br />
responsibility <strong>to</strong> report what the child has said <strong>to</strong><br />
someone else.<br />
Record all subsequent events up <strong>to</strong> the time of the<br />
substantive interview: wherever possible attempt <strong>to</strong> record<br />
what the child said verbatim.<br />
2. THE CHILD’S BEHAVIOUR<br />
It has become significantly different from the<br />
child’s usual behaviour.<br />
It is significantly different from the behaviour of<br />
their peers.<br />
It is bizarre or unusual.<br />
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It involves the child “acting out” a harmful<br />
situation in their play.<br />
3. AN INJURY WHICH AROUSES SUSPICION BECAUSE:<br />
the injury does not make sense when compared<br />
with the explanation given;<br />
<strong>and</strong>/or<br />
explanations differ depending on who is giving<br />
them (for example, the parent <strong>and</strong> child give<br />
different accounts) <strong>and</strong>/or when the child appears<br />
anxious <strong>and</strong> evasive when asked about the injury.<br />
4. SUSPICION BEING RAISED<br />
When a number of fac<strong>to</strong>rs occur over time, for example, the<br />
child fails <strong>to</strong> progress <strong>and</strong> thrive in contrast <strong>to</strong> his/her peers<br />
without explanation.<br />
5. CONTACT WITH A PERSON KNOWN TO POSE A RISK TO<br />
CHILDREN<br />
Where there are grounds <strong>to</strong> suspect that an individual member<br />
of, or regular visi<strong>to</strong>r <strong>to</strong>, a household may have been convicted<br />
of an offence listed under the <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Persons Act<br />
1933 <strong>and</strong> Sexual Offences Act 2003, a check should be made<br />
by <strong>Children</strong>’s Social Care against Police records. Where it<br />
becomes known that any person with such a conviction is<br />
living or proposing <strong>to</strong> live in a household containing children,<br />
this will normally be grounds for enquiries <strong>to</strong> be made under<br />
Section 47, <strong>Children</strong> Act 1989, in order <strong>to</strong> establish whether or<br />
not the person continues <strong>to</strong> pose a risk of significant harm.<br />
(see also:<br />
• Section 4.1 - <strong>Children</strong>’s Social Care: heading<br />
6.3 - “<strong>People</strong> who pose a risk”<br />
• Section 5 – Additional practice guidance:<br />
Pro<strong>to</strong>col 4 -“<strong>Children</strong> abused by children <strong>and</strong><br />
young people”<br />
• Section 5 – Additional practice guidance:<br />
Pro<strong>to</strong>col 16 – “Managing individuals who<br />
pose a risk”<br />
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6. THE PARENTS’ BEHAVIOUR BEFORE THE BIRTH OF A<br />
CHILD<br />
On occasions, the parents’ background, or current behaviour<br />
may indicate the likelihood of significant harm <strong>to</strong> an unborn<br />
child. Examples of circumstances where this may be the case<br />
include:<br />
where a parent has a conviction for harming another<br />
child;<br />
where another child has been removed from the care of<br />
one of the parents through civil proceedings, although<br />
no criminal conviction was achieved;<br />
where a parent’s lifestyle is such that there is the<br />
likelihood of significant harm <strong>to</strong> the child such as severe<br />
emotional, behavioral or mental health difficulties, or<br />
dependency on drugs, alcohol or other substances.<br />
Child protection concerns for an unborn child should be<br />
referred immediately <strong>to</strong> <strong>Children</strong>’s Social Care for an Initial<br />
Assessment in the usual way. Whilst a Core Assessment of the<br />
needs of the unborn child may be initiated, where a Child<br />
Protection Conference is deemed necessary, this will not be<br />
convened until the foetus is 24 weeks, the accepted legal<br />
definition of a viable foetus.<br />
7. MENTAL HEALTH OF PARENT/CARER<br />
Mental illness in a parent or carer does not necessarily have<br />
an adverse impact on a child, but it is essential always <strong>to</strong><br />
assess its implications for any children involved in the family.<br />
The adverse effects on children of parental mental illness are<br />
less likely when parental problems are mild, last only for a<br />
short time, are not associated with family dis-harmony, <strong>and</strong><br />
do not result in the family breaking up. <strong>Children</strong> may also be<br />
protected when the other parent or a family member can help<br />
respond <strong>to</strong> the child’s needs.<br />
<strong>Children</strong> most at risk of significant harm are those who feature<br />
in parental delusions, <strong>and</strong> children who become targets for<br />
parental aggression or rejection, or who are neglected as a<br />
result of parental mental illness.<br />
The short <strong>and</strong> long term consequences for children of growing<br />
up in a family where at least one parent is experiencing<br />
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extreme difficulties will depend on the combination of<br />
resilience <strong>and</strong> protective mechanisms. For example, when<br />
parental mental illness or problem drinking is accompanied by<br />
domestic violence or associated with poverty <strong>and</strong> social<br />
isolation, children are particularly vulnerable. However, other<br />
fac<strong>to</strong>rs, such as the availability of other caring adults, may<br />
cushion the negative consequences.<br />
It is therefore, important not <strong>to</strong> pathologise all children who<br />
live in families where a parent suffers from mental illness,<br />
problem drinking, drug use or domestic violence.<br />
Practitioners need <strong>to</strong> identify:<br />
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which children need help <strong>and</strong> the level of concern;<br />
which aspects of development are being adversely<br />
affected <strong>and</strong> how; <strong>and</strong><br />
what services are needed <strong>to</strong> help both the child <strong>and</strong> the<br />
family?<br />
Co-existence of more than one of these could indicate a risk of<br />
significant harm <strong>to</strong> a child.<br />
8. ALLEGATIONS OF HARM ARISING FROM UNDERAGE<br />
SEXUAL ACTIVITY<br />
Cases of underage sexual activity which present cause for<br />
concern are likely <strong>to</strong> raise difficult issues <strong>and</strong> should be<br />
h<strong>and</strong>led particularly sensitively.<br />
Please refer <strong>to</strong> Pro<strong>to</strong>col 1 in Section 5: “Allegations Of<br />
Harm Arising From Underage Sexual Activity”<br />
9. CHILDREN WHO MAY BE PARTICULARLY VULNERABLE<br />
The <strong>procedure</strong>s for safeguarding <strong>and</strong> promoting the welfare of<br />
children apply in every situation <strong>and</strong> apply <strong>to</strong> all settings.<br />
This includes children whose circumstances make them<br />
particularly vulnerable.<br />
9.1 <strong>Children</strong> Living Away From Home<br />
These <strong>procedure</strong>s for safeguarding <strong>and</strong> promoting the<br />
welfare of children apply in every situation, <strong>and</strong><br />
apply <strong>to</strong> all settings, including where children are living<br />
away from home.<br />
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Additional guidance is provided in Pro<strong>to</strong>col 2 in<br />
Section 5: “<strong>Children</strong> Living Away From Home”<br />
9.2 Disabled <strong>Children</strong><br />
The available UK evidence of disabled children suggests<br />
that disabled children are at increased risk of both abuse<br />
<strong>and</strong> neglect.<br />
Additional guidance is provided in Pro<strong>to</strong>col 3 in<br />
Section 5: “Disabled <strong>Children</strong>”<br />
9.3 <strong>Children</strong> Abused by <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong><br />
<strong>Children</strong>, particularly those living away from home, are<br />
also vulnerable <strong>to</strong> physical, sexual <strong>and</strong> emotional abuse<br />
by their peers.<br />
Additional guidance is provided in Pro<strong>to</strong>col 4 in<br />
Section 5 – “<strong>Children</strong> Abused by <strong>Children</strong> <strong>and</strong><br />
<strong>Young</strong> <strong>People</strong>” (Peer Abuse).<br />
9.4 <strong>Children</strong> Who Are Subject To Bullying<br />
Bullying may be defined as deliberately hurtful<br />
behaviour, usually repeated over a period of time, where<br />
it is difficult for those bullied <strong>to</strong> defend themselves. It<br />
can take many forms, but the three main types are<br />
physical (e.g. hitting, kicking, theft), verbal (e.g. racist<br />
or homophobic remarks, threats, name calling) <strong>and</strong><br />
emotional (e.g. isolating an individual from the activities<br />
<strong>and</strong> social acceptance of their peer group). The damage<br />
inflicted by bullying can frequently be underestimated. It<br />
can cause considerable distress <strong>to</strong> children, <strong>to</strong> the extent<br />
that it affects their health <strong>and</strong> development or, at the<br />
extreme, causes them significant harm (including selfharm).<br />
All settings in which children are provided with<br />
services or are living away from home should have in<br />
place rigorously enforced anti-bullying strategies.<br />
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9.5 <strong>Children</strong> Whose Behaviour Indicates A Lack Of<br />
Parental Control<br />
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When children are brought <strong>to</strong> attention of the Police or<br />
the wider community because of their behaviour, this<br />
may be an indication of vulnerability, poor supervision or<br />
neglect in its wider sense. It is important that<br />
consideration is given as <strong>to</strong> whether these are children<br />
in need <strong>and</strong> are offered assistance <strong>and</strong> services that<br />
reflects their needs. This should be done on a multiagency<br />
basis. A range of powers should be used <strong>to</strong><br />
engage families <strong>to</strong> improve the child’s behaviour where<br />
engagement cannot be secured on a voluntary basis.<br />
The Child <strong>Safe</strong>ty Order (CSO) is a compulsory<br />
intervention available below the threshold of the child<br />
being at risk of significant harm. A local authority can<br />
apply for a CSO where a child has committed an act<br />
which would have been an offence if he were aged 10 or<br />
above, where it is necessary <strong>to</strong> prevent such an act, or<br />
where the child has caused harassment, distress or<br />
harm <strong>to</strong> others (i.e. behaved anti-socially).<br />
It is designed <strong>to</strong> help the child improve his or her<br />
behaviour <strong>and</strong> is likely <strong>to</strong> be used alongside work with<br />
the family <strong>and</strong> others <strong>to</strong> address any underlying<br />
problems.<br />
A Parenting Order can be made alongside a CSO or<br />
when a CSO is breached. This provides an effective<br />
means of engaging with <strong>and</strong> supporting parents whilst<br />
helping them develop their ability <strong>to</strong> undertake their<br />
parental responsibilities.<br />
9.6 The Impact Of Race & Racism<br />
<strong>Children</strong> from black <strong>and</strong> minority ethnic groups (<strong>and</strong><br />
their parents) are likely <strong>to</strong> have experienced<br />
harassment, racial discrimination <strong>and</strong> institutional<br />
racism. Although racism can cause significant harm it is<br />
not, in itself, a category of abuse. The experience of<br />
racism is likely <strong>to</strong> affect the responses of the child <strong>and</strong><br />
family <strong>to</strong> assessment <strong>and</strong> enquiry processes. Failure <strong>to</strong><br />
consider the effects of racism will undermine efforts <strong>to</strong><br />
protect children from other forms of significant harm.<br />
The effects of racism differ for different communities <strong>and</strong><br />
individuals, <strong>and</strong> should not be assumed <strong>to</strong> be uniform.<br />
The specific needs of children of mixed parentage <strong>and</strong><br />
refugee children should be given attention. In particular,<br />
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the need for neutral, high quality, gender-appropriate<br />
translation or interpretation services should be taken<br />
in<strong>to</strong> account when working with children <strong>and</strong> families<br />
whose preferred language is not English.<br />
All organisations working with children, including those<br />
operating in areas where black <strong>and</strong> minority ethnic<br />
communities are numerically small, should address<br />
institutional racism, defined in the Macpherson Inquiry<br />
Report (2000) on Stephen Lawrence as “the collective<br />
failure by an organisation <strong>to</strong> provide an appropriate <strong>and</strong><br />
professional service <strong>to</strong> people on account of their race,<br />
culture <strong>and</strong>/or religion”.<br />
9.7 Domestic Violence<br />
Section 120 of The Adoption <strong>and</strong> <strong>Children</strong> Act 2005<br />
amended the definition of harm in the <strong>Children</strong> Act 1989<br />
<strong>to</strong> include “impairment suffered from seeing or hearing<br />
the ill-treatment of another”. <strong>Children</strong> may suffer both<br />
directly <strong>and</strong> indirectly if they live in households where<br />
there is domestic violence. Domestic violence is likely <strong>to</strong><br />
have a damaging effect on the health <strong>and</strong> development<br />
of children. Everyone working with children <strong>and</strong> families<br />
should be alert <strong>to</strong> the frequent inter-relationship<br />
between domestic violence <strong>and</strong> the abuse <strong>and</strong> neglect of<br />
children.<br />
Where there is evidence of domestic violence, the<br />
implications for any children in the household should be<br />
considered, including the possibility that the children<br />
may themselves be subject <strong>to</strong> violence or other harm.<br />
Conversely, where it is believed that a child is being<br />
abused; those involved with the child <strong>and</strong> family should<br />
be alert <strong>to</strong> the possibility of domestic violence within the<br />
family.<br />
Both the physical assaults <strong>and</strong> psychological abuse<br />
suffered by adult victims who experience domestic<br />
violence can have a negative impact on their ability <strong>to</strong><br />
look after their children. The negative impact of<br />
domestic violence is exacerbated when the violence is<br />
combined with drink or drug misuse; children witness<br />
the violence; children are drawn in<strong>to</strong> the violence or are<br />
pressurised in<strong>to</strong> concealing the assaults. <strong>Children</strong>’s<br />
exposure <strong>to</strong> parental conflict, even where violence is not<br />
present, can lead <strong>to</strong> serious anxiety <strong>and</strong> distress among<br />
children, particularly when it is routed through children.<br />
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The Police may be the first point of contact when<br />
Domestic Violence takes place <strong>and</strong> they should always<br />
consider the immediate safety of the children. Similarly,<br />
health visi<strong>to</strong>rs <strong>and</strong> midwives have a key role in<br />
identifying domestic violence as an issue particularly in<br />
pregnancy.<br />
Normally, one serious incident or several lesser incidents<br />
of domestic violence where there is a child in the<br />
household would indicate that <strong>Children</strong>’s Social Care<br />
should carry out an Initial Assessment of the child <strong>and</strong><br />
family, including consulting existing records. <strong>Children</strong><br />
who are experiencing domestic violence may benefit<br />
from a range of support <strong>and</strong> services, <strong>and</strong> some may<br />
need safeguarding from harm. Often, supporting a nonviolent<br />
parent is likely <strong>to</strong> be the most effective way of<br />
promoting the child’s welfare. The Police <strong>and</strong> other<br />
agencies have defined powers in criminal <strong>and</strong> civil law,<br />
which can be used <strong>to</strong> help those who are subject <strong>to</strong><br />
domestic violence.<br />
The most common forms of domestic violence are<br />
physical attacks <strong>and</strong> sexual assaults, but other abusive<br />
behaviour includes:<br />
Harassment, which often continues after<br />
the end of the relationship <strong>and</strong> can seriously<br />
undermine the victim’s sense of security.<br />
Some abusers go <strong>to</strong> great lengths <strong>to</strong> locate<br />
their estranged partners.<br />
Mental Violence, which includes persistent<br />
undermining of confidence, unpredictable<br />
behaviour, <strong>and</strong> contradic<strong>to</strong>ry dem<strong>and</strong>s by<br />
which abusers exercise undue control over<br />
their victims.<br />
Restricting liberty, by confining the victim<br />
<strong>to</strong> the home. This often reflects extreme<br />
jealousy <strong>and</strong> insecurity.<br />
Isolation, where the victims are<br />
deliberately kept away from family <strong>and</strong><br />
friends, visi<strong>to</strong>rs are banned from the house<br />
<strong>and</strong>, in extreme cases, the telephone is<br />
disconnected <strong>to</strong> prevent contact with the<br />
outside world.<br />
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Threats of violence or other unjustified<br />
sanctions, which can effectively regulate the<br />
victim’s behaviour <strong>and</strong> restrict freedom of<br />
choice.<br />
Deprivation, by not allowing the victim any<br />
money causing humiliation when it is<br />
necessary <strong>to</strong> ask for money for basic<br />
necessities.<br />
Damaging or taking away property,<br />
especially valued possessions.<br />
In responding <strong>to</strong> situations where domestic<br />
violence may be present, considerations<br />
include:<br />
asking direct questions about domestic<br />
violence;<br />
checking whether domestic violence has<br />
occurred whenever child abuse is suspected<br />
<strong>and</strong> considering the impact of this at all<br />
stages of assessment, enquiries <strong>and</strong><br />
intervention;<br />
identifying those who are responsible for<br />
domestic violence in order that relevant<br />
criminal justice responses may be made;<br />
providing women with full information about<br />
their legal rights <strong>and</strong> the extent <strong>and</strong> limits of<br />
statu<strong>to</strong>ry duties <strong>and</strong> powers;<br />
assisting women <strong>and</strong> children <strong>to</strong> escape from<br />
violence by providing relevant practical <strong>and</strong><br />
other assistance;<br />
supporting non-abusing parents in making<br />
safe choices for themselves <strong>and</strong> their<br />
children;<br />
working separately with each parent where<br />
domestic violence prevents non-abusing<br />
parents from speaking freely <strong>and</strong> participating<br />
without fear of retribution. <strong>and</strong><br />
Responses <strong>to</strong> domestic violence should be<br />
discreet <strong>to</strong> avoid further endangering children<br />
<strong>and</strong>/or adult victims.<br />
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PROCEDURES – DOMESTIC VIOLENCE<br />
An agency becomes aware of one or more incidents concerning domestic violence. It is<br />
known that there are children or young people under the age of 18 living in the household<br />
<strong>and</strong> the referrer has concerns about their welfare.<br />
NFA under the domestic<br />
violence <strong>procedure</strong>s<br />
Police Officer completes<br />
the DV forms <strong>and</strong> forwards<br />
them <strong>to</strong> the DVLO<br />
DVLO records <strong>and</strong><br />
checks database <strong>and</strong><br />
checks with <strong>Children</strong>’s<br />
Social Care<br />
NO<br />
NO<br />
Consent <strong>to</strong> be sought from family <strong>to</strong><br />
share information with relevant<br />
agencies. *<br />
NB. Where consent is refused<br />
level of concern <strong>and</strong> threshold<br />
criteria should be re-assessed *<br />
Common Assessment<br />
or Initial Assessment<br />
<strong>to</strong> be undertaken<br />
Refer <strong>to</strong> relevant agency for<br />
signposting or support - or<br />
convene Child In Need<br />
meeting<br />
A referral is received by <strong>Children</strong>’s<br />
Social Care or Police<br />
.<br />
Are the concerns raised<br />
primarily related <strong>to</strong> domestic<br />
violence?<br />
YES<br />
Joint Consultation<br />
between <strong>Children</strong>’s<br />
Social Care <strong>and</strong> Police<br />
Does the incident fit the<br />
S47 criteria for significant<br />
harm?<br />
Can concerns be<br />
addressed on an<br />
individual agency<br />
basis or via the<br />
<strong>Children</strong> in Need<br />
process?<br />
YES<br />
Duty social worker makes<br />
Initial Assessment/checks <strong>and</strong><br />
notifies DVLO of incident<br />
Duty suite records DV incident on<br />
database <strong>and</strong> on file chronology<br />
The guidance for using the Common Assessment Framework <strong>and</strong> Child In Need processes can<br />
be found<br />
/cle Section<br />
in Section<br />
3 – managing<br />
2.1 (2)<br />
individual<br />
of the<br />
cases<br />
<strong>procedure</strong>s. For further guidance on the significant harm<br />
thresholds <strong>and</strong> criteria for joint investigations, see sections 3.3 of the <strong>procedure</strong>s<br />
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YES<br />
Joint investigation <strong>and</strong><br />
Core Assessment <strong>to</strong> be<br />
undertaken<br />
Refer back <strong>to</strong> <strong>Children</strong>’s Social Care<br />
or Police for an Initial Assessment or<br />
child protection inquiries <strong>and</strong> joint<br />
consultation<br />
NO
cle Section 3 - appendices<br />
9.8 Substance Abuse<br />
The potential for a child <strong>to</strong> be harmed as the result of<br />
the excessive use of alcohol, illegal or controlled drugs,<br />
solvents or related substances, may occur during<br />
pregnancy or at any time during a child or young<br />
person’s life. The potential for harm may be attributable<br />
<strong>to</strong> a parent or carer’s substance abuse or from use by a<br />
young person himself or herself.<br />
In order <strong>to</strong> establish whether or not a parent or carer’s<br />
use of drugs/substances is in itself a source of<br />
harm/potential harm <strong>to</strong> a child, an assessment of the<br />
impact of drug use on parenting ability <strong>and</strong> the life of<br />
the family is required.<br />
Advice from a specialist drug agency should inform such<br />
an assessment <strong>and</strong> any Child Protection Conference<br />
where substance use is an issue under consideration<br />
should include a specialist advisor.<br />
The use of drugs or other substances by parents or<br />
carers does not in itself indicate child neglect or abuse<br />
<strong>and</strong> there is no assumption that children living in such<br />
circumstances will au<strong>to</strong>matically be considered under the<br />
child protection <strong>procedure</strong>s.<br />
Concerns about a young person’s drug or alcohol abuse<br />
should be subject of an assessment by an appropriate<br />
agency. A child or young person abusing drugs or other<br />
substances should not be considered au<strong>to</strong>matically <strong>to</strong> be<br />
at risk of significant harm.<br />
The guidelines established by The St<strong>and</strong>ing Conference<br />
on Drug Abuse (SCODA) outline the areas which should<br />
be covered by an assessment of harm/potential harm <strong>to</strong><br />
a child where drugs/substance use is an issue, including:<br />
the pattern of parental drug use;<br />
accommodation <strong>and</strong> home environment;<br />
provision of basic necessities;<br />
how the drugs are procured;<br />
health risks;<br />
family’s social network <strong>and</strong> support system;<br />
when intervention is necessary;<br />
the child’s perception of the situation;<br />
the parent’s perception of the situation.<br />
For further information, refer <strong>to</strong> Pro<strong>to</strong>col 13 in<br />
Section 5: “Substance misuse in pregnancy”.<br />
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9.9 Child Abuse Linked To Belief In “Possession” Or<br />
“Witchcraft” Or In Other Ways Linked To Spiritual<br />
Or Religious Belief<br />
The belief in “possession” <strong>and</strong> “witchcraft” is<br />
widespread. It is not confined <strong>to</strong> particular countries,<br />
cultures or religions, nor is it confined <strong>to</strong> new immigrant<br />
communities in this country.<br />
The number of known cases of child abuse linked <strong>to</strong><br />
accusations of “possession” or “witchcraft” is small, but<br />
children involved can suffer damage <strong>to</strong> their physical<br />
<strong>and</strong> mental health, capacity <strong>to</strong> learn, ability <strong>to</strong> form<br />
relationships <strong>and</strong> self-esteem.<br />
Such abuse generally occurs when a carer views a child<br />
as being<br />
“different”, attributes this difference <strong>to</strong> the child being<br />
”possessed” or involved in “witchcraft”, <strong>and</strong> attempts <strong>to</strong><br />
exorcise him or her. A child could be viewed as<br />
“different” for a variety of reasons such as:<br />
disobedience; independence; bedwetting; nightmares;<br />
illness; or disability. The attempt <strong>to</strong> “exorcise” may<br />
involve severe beating, burning, starvation, cutting or<br />
stabbing, <strong>and</strong>/or isolation, <strong>and</strong> usually occurs in the<br />
household where the child lives.<br />
Agencies should look for these indica<strong>to</strong>rs, be able <strong>to</strong><br />
identify children at risk of this type of abuse <strong>and</strong><br />
intervene <strong>to</strong> prevent it. They should apply basic<br />
safeguarding children principles including: sharing<br />
information across agencies; being child-focused at all<br />
times; <strong>and</strong> <strong>keep</strong>ing an open mind when talking <strong>to</strong><br />
parents <strong>and</strong> carers.<br />
They should follow the guidance set out in the document<br />
<strong>Working</strong> Together in their work with all children <strong>and</strong><br />
families, ensure they liaise closely with colleagues <strong>and</strong><br />
make connections with key people in the community,<br />
especially when working with new immigrant<br />
communities, so that they can ascertain the different<br />
dimensions of a family’s cultural beliefs.<br />
9.10 <strong>Safe</strong>guarding <strong>Children</strong> From Abuse Through<br />
Information Communication Technology (I.C.T.)<br />
Advances in Information Communication Technology<br />
provide additional opportunities for those who seek <strong>to</strong><br />
harm children <strong>and</strong> young people.<br />
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Additional guidance is provided in Pro<strong>to</strong>col 5 in<br />
Section 5 “<strong>Safe</strong>guarding <strong>Children</strong> From Abuse<br />
Through Information Communication Technology<br />
(I.C.T.)”.<br />
9.11 <strong>Children</strong> And Families Who Go Missing<br />
Local agencies <strong>and</strong> professionals working with children<br />
<strong>and</strong> families about whom there are child welfare/safety<br />
concerns need <strong>to</strong> be alert <strong>to</strong> the fact that missed<br />
appointments <strong>and</strong> difficulties in contacting families, may<br />
indicate that the family have left the area <strong>and</strong>, in some<br />
cases moved abroad.<br />
Additional guidance is provided in Pro<strong>to</strong>col 6 in<br />
Section 5 “<strong>Children</strong> <strong>and</strong> families who go missing”.<br />
9.12 <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong> Who Run Away/Go<br />
Missing<br />
<strong>Children</strong> <strong>and</strong> young people who run away from home,<br />
particularly those in the Looked After System are at<br />
particular risk of significant harm. These children <strong>and</strong><br />
young people are at risk of violence, victimization,<br />
sexual exploitation, drug abuse <strong>and</strong> involvement in<br />
crime.<br />
Additional guidance is provided in Pro<strong>to</strong>col 7 in<br />
Section 5 “<strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong> Who Run<br />
Away/Go Missing”.<br />
9.13 <strong>Children</strong> Of Families Living In Temporary<br />
Accommodation<br />
“The basic requirement that children are kept safe is<br />
universal <strong>and</strong> cuts across cultural boundaries. Every<br />
child living in this country is entitled <strong>to</strong> be given the<br />
protection of the law, regardless of his or her<br />
background. “<br />
(16.10 Vic<strong>to</strong>ria Climbiè Inquiry)<br />
Placement in temporary accommodation can distance<br />
children <strong>and</strong> families from support networks <strong>and</strong> can<br />
lead <strong>to</strong> individuals <strong>and</strong> families becoming disengaged<br />
from health, education, Social Care <strong>and</strong> formal welfare<br />
support systems. Families that have experienced<br />
homelessness <strong>and</strong> are placed in temporary<br />
accommodation can lead very transient lives.<br />
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It is important that effective systems are in place <strong>to</strong><br />
ensure children from homeless families can access <strong>and</strong><br />
receive services, particularly from health <strong>and</strong> education.<br />
Where there are concerns that such children may be in<br />
need they should be assessed as any other child about<br />
whom there are welfare concerns.<br />
9.14 Migrant <strong>Children</strong><br />
Definition<br />
Migration is the movement of a person from one country<br />
<strong>to</strong> another either legally or illegally. Migration can be<br />
voluntary (with consent) or forced (without consent).<br />
Smuggling is the illegal transportation of a person from<br />
one country <strong>to</strong> another with the person’s consent.<br />
The numbers of migrant children in the UK has increased<br />
over recent years. Some of these children may be<br />
placed in temporary accommodation <strong>and</strong> some may<br />
be homeless. Under Section 11 <strong>Children</strong> Act 2004 the<br />
local authority <strong>and</strong> other agencies have responsibilities<br />
<strong>to</strong>wards homeless families but particular consideration<br />
should be given <strong>to</strong> victims of trafficking <strong>and</strong><br />
unaccompanied asylum seekers<br />
9.15 Child Victims of Trafficking<br />
Definition<br />
It should not be assumed that an illegal or forced<br />
migration of a child is necessarily a trafficked child. The<br />
UN defines trafficking as the recruitment, transportation,<br />
transfer, harbouring or receipt of persons, by means of<br />
threat, force, coercion, abduction or payment for the<br />
purpose of exploitation. Exploitation will include as a<br />
minimum prostitution, other forms of sexual<br />
exploitation, forced labour, slavery, servitude or removal<br />
of organs. For the purpose of this guidance a child is<br />
any person under the age of eighteen years.<br />
The three core elements of trafficking are:<br />
• Movement of a person/child<br />
• Deception <strong>and</strong> coercion<br />
• Situation of exploitation<br />
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Child victims of trafficking may be exploited through<br />
bondage, depriving of liberty, prostitution <strong>and</strong> other<br />
forms of sexual exploitation. <strong>Children</strong> can also be<br />
exploited in situations of domestic service <strong>and</strong> used for<br />
the purpose of benefit fraud.<br />
Agencies should also be vigilant <strong>to</strong> the potential for<br />
children being used for “organ donation” or “harvesting”<br />
although <strong>to</strong> date there is no evidence of this in the UK.<br />
If an agency has concerns about a child’s welfare <strong>and</strong><br />
following an assessment it is suspected that a child is<br />
the victim of trafficking - the Police or <strong>Children</strong>’s Social<br />
Care should be informed. All agencies should work<br />
<strong>to</strong>gether <strong>to</strong> ensure a joined up response <strong>and</strong> where<br />
necessary should consult the Trafficking Toolkit – details<br />
of which can be found on<br />
www.crimereduction.gov.uk/<strong>to</strong>olkits/ This provides<br />
helpful guidance on dealing with trafficking.<br />
Agency responsibilities<br />
Trafficked children must always be dealt with within<br />
mainstream childcare policies <strong>and</strong> <strong>procedure</strong>s including<br />
where necessary child protection <strong>procedure</strong>s. Trafficked<br />
children may require specialist accommodation <strong>and</strong><br />
casework by specialist staff. When addressing both the<br />
immediate <strong>and</strong> long-term needs of trafficked children<br />
practitioners will need <strong>to</strong> ensure that any cultural <strong>and</strong><br />
language considerations are addressed.<br />
<strong>Children</strong>’s Social Care has statu<strong>to</strong>ry responsibilities <strong>to</strong>:<br />
Provide support services <strong>and</strong> assessments for all<br />
trafficked children coming <strong>to</strong> their attention<br />
Provide services under Section 17 <strong>Children</strong> Act<br />
1989<br />
Provide accommodation where appropriate under<br />
S20 <strong>Children</strong> Act 1989<br />
Police have duties <strong>to</strong>:<br />
Identify children at risk of trafficking<br />
Make joint inquiries under S47 <strong>Children</strong> Act 1989<br />
where child protection concerns arise<br />
Conduct criminal investigations where appropriate<br />
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Work collaboratively with child care agencies <strong>and</strong><br />
ensure appropriate information sharing pro<strong>to</strong>cols are in<br />
place <strong>to</strong> safeguard children<br />
Provide a link with immigration services, other<br />
Police authorities <strong>and</strong> Interpol where appropriate<br />
9.16 Unaccompanied Asylum Seeking <strong>Children</strong> (UASC)<br />
Definition<br />
A UASC is an asylum-seeking child under the age of 18<br />
who is not living with their parent or relative or guardian<br />
in the UK.<br />
Where such a child is referred by the Immigration<br />
Services <strong>to</strong> a Local Authority – an Initial Assessment or<br />
a care assessment of needs should be conducted<br />
regardless of the child or young person’s immigration<br />
status. Local authorities have a duty <strong>to</strong> provide the<br />
same quality of assessment <strong>and</strong> the same related<br />
support services as they would for any other child<br />
presenting as being “in need”.<br />
In most cases, an assessment will result in the child or<br />
young person being accommodated <strong>and</strong> subject <strong>to</strong> a<br />
care plan or care pathway plan for children over 16.<br />
Such assessments <strong>and</strong> subsequent plans will need <strong>to</strong><br />
take account of the following dimensions:<br />
Health (including mental health)<br />
Education<br />
Emotional <strong>and</strong> behavioural development<br />
Identity<br />
Family <strong>and</strong> social relationships<br />
Social presentation<br />
Self care skills including the child’s underst<strong>and</strong>ing<br />
of their immigration status <strong>and</strong> the skills required<br />
<strong>to</strong> manage transitions<br />
The responsible Local Authority should provide services<br />
based on the needs identified through assessment<br />
irrespective of the child’s or young person’s immigration<br />
status. Practitioners undertaking assessments should<br />
refer <strong>to</strong> the Framework for the Assessment of <strong>Children</strong> in<br />
Need (Section 2.1 (2)) in cases that give rise <strong>to</strong> child<br />
protection concerns.<br />
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10. CHILDREN ABUSED IN SPECIFIC CIRCUMSTANCES<br />
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10.1 <strong>Children</strong> Abused Through Prostitution<br />
<strong>Children</strong> abused through Prostitution <strong>and</strong> other forms of<br />
commercial sexual exploitation should be treated<br />
primarily as the victims of abuse.<br />
They:<br />
require careful assessment<br />
are likely <strong>to</strong> be in need of welfare services<br />
And in many cases:<br />
require protection under the <strong>Children</strong> Act 1989<br />
See also:<br />
Additional guidance in Pro<strong>to</strong>col 8 in Section 5<br />
“<strong>Children</strong> Abused Through Prostitution”<br />
jointly issued guidance by the Home Office <strong>and</strong><br />
Department of Health – “<strong>Safe</strong>guarding <strong>Children</strong> in<br />
Prostitution”, May 2000<br />
http://www.dh.gov.uk/assetRoot/04/05/78/58/04057858.pdf<br />
10.2 Fabricated Or Induced Illness<br />
Concerns may be raised when it is considered that the<br />
health or development of a child is likely <strong>to</strong> be<br />
significantly impaired or further impaired by a parent or<br />
caregiver who has fabricated or induced illness. These<br />
concerns may arise when:<br />
reported symp<strong>to</strong>ms <strong>and</strong> signs found on examination<br />
are not explained by any medical condition from<br />
which the child may be suffering; or<br />
physical examination <strong>and</strong> results of medical<br />
investigations do not explain reported symp<strong>to</strong>ms <strong>and</strong><br />
signs; or<br />
there is an inexplicably poor response <strong>to</strong> prescribed<br />
medication <strong>and</strong> other treatment; or<br />
new symp<strong>to</strong>ms are reported on resolution of previous<br />
ones; or<br />
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reported symp<strong>to</strong>ms <strong>and</strong> found signs are not seen <strong>to</strong><br />
begin in the absence of the caregiver; or<br />
over time the child repeatedly presents with a range<br />
of symp<strong>to</strong>ms; or<br />
the child’s normal activities are being curtailed<br />
beyond that which might be expected for any medical<br />
disorder from which the child is known <strong>to</strong> suffer.<br />
There may be a number of explanations for these<br />
circumstances <strong>and</strong> each requires careful consideration <strong>and</strong><br />
review.<br />
There are three main ways of fabricating or inducing<br />
illness in a child. These are not mutually exclusive:<br />
fabrication of signs <strong>and</strong> symp<strong>to</strong>ms. This may include<br />
fabrication of past medical his<strong>to</strong>ry;<br />
fabrication of signs <strong>and</strong> symp<strong>to</strong>ms <strong>and</strong> falsification of<br />
hospital charts <strong>and</strong> records, <strong>and</strong> specimens of bodily<br />
fluids. This may also include falsification of letters <strong>and</strong><br />
documents<br />
induction of illness by a variety of means.<br />
For further information <strong>and</strong> guidance see:<br />
Health Procedures<br />
Police Procedures - Covert Video Surveillance<br />
<strong>Safe</strong>guarding <strong>Children</strong> in Whom Illness is<br />
Fabricated or Induced at<br />
http://www.dh.gov.uk/assetRoot/04/05/66/46/04<br />
056646.pdf<br />
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10.3 Investigating Complex (Organised Or Multiple)<br />
Abuse<br />
Complex (organised or multiple) abuse is abuse which<br />
involves one or more abusers <strong>and</strong> a number of children.<br />
Additional guidance is provided in Pro<strong>to</strong>col 9 in<br />
Section 5 “Investigating Complex (Organised Or<br />
Multiple) Abuse” <strong>and</strong> also a copy of guidance can<br />
be accessed through:<br />
http://science<strong>and</strong>research.homeoffice.gov.uk/hosdb/pdfs/childabuse-guidance.pdf?view=Binary<br />
10.4 Female Genital Mutilation<br />
Female genital mutilation (FGM) is a collective term for<br />
<strong>procedure</strong>s which include the removal of part or all of<br />
the external female genitalia for cultural or other nontherapeutic<br />
reasons. The practice is medically<br />
unnecessary, extremely painful <strong>and</strong> has serious health<br />
consequences, both at the time when the mutilation is<br />
carried out <strong>and</strong> in later life. The <strong>procedure</strong> is typically<br />
performed on girls aged between 4 <strong>and</strong> 13, but in some<br />
cases FGM is performed on new born infants or on<br />
young women before marriage or pregnancy. A number<br />
of girls die as a direct result of the <strong>procedure</strong>, from<br />
blood loss or infection.<br />
FGM has been a criminal offence in the UK since the<br />
Prohibition of Female Circumcision Act 1985 was passed.<br />
The Female Genital Mutilation Act<br />
2003 replaced the 1985 Act <strong>and</strong> makes it an offence for<br />
the first time for UK nationals or permanent UK<br />
residents <strong>to</strong> carry out FGM abroad, or <strong>to</strong> aid, abet,<br />
counsel or procure the carrying out of FGM abroad, even<br />
in countries where the practice is legal. Further<br />
information about the Act can be found in<br />
http://www.opsi.gov.uk/acts/acts2003/20030031.htm.<br />
FGM is much more common than most people realise,<br />
both worldwide <strong>and</strong> in the UK. It is reportedly practised<br />
in 28 African countries <strong>and</strong> in parts of the Middle <strong>and</strong> Far<br />
East but is increasingly found in Western Europe <strong>and</strong><br />
other developed countries, primarily amongst immigrant<br />
<strong>and</strong> refugee communities.<br />
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There are substantial populations from countries where<br />
FGM is endemic in London, Liverpool, Birmingham,<br />
Sheffield <strong>and</strong> Cardiff but it is likely that communities in<br />
which FGM is practised reside throughout the UK.<br />
Suspicions may arise in a number of ways that a child is<br />
being prepared for FGM <strong>to</strong> take place abroad. These<br />
include knowing that the family belongs <strong>to</strong> a community<br />
in which FGM is practised <strong>and</strong> are making preparations<br />
for the child <strong>to</strong> take a holiday, arranging vaccinations or<br />
planning absence from school, <strong>and</strong> the child may talk<br />
about a ‘special <strong>procedure</strong>’ taking place. Indica<strong>to</strong>rs that<br />
FGM may have already occurred include prolonged<br />
absence from school with noticeable behaviour change<br />
on return <strong>and</strong> long periods away from classes or other<br />
normal activities, possibly with bladder or menstrual<br />
problems. Midwives <strong>and</strong> doc<strong>to</strong>rs may become aware that<br />
FGM has been practised on an older woman <strong>and</strong> this<br />
may prompt concern for female children in the same<br />
family.<br />
A local authority may exercise its powers under S.47 of<br />
the <strong>Children</strong> Act 1989 if it has reason <strong>to</strong> believe that a<br />
child is likely <strong>to</strong> suffer or has suffered FGM. However,<br />
despite the very severe health consequences, parents<br />
<strong>and</strong> others who have this done <strong>to</strong> their daughters do not<br />
intend it as an act of abuse. They genuinely believe that<br />
it is in the girl’s best interests <strong>to</strong> conform <strong>to</strong> their<br />
prevailing cus<strong>to</strong>m. So, where a child has been identified<br />
as at risk of significant harm, it may not be appropriate<br />
<strong>to</strong> consider removing the child from an otherwise loving<br />
family environment. Where a child appears <strong>to</strong> be in<br />
immediate danger of mutilation, consideration should be<br />
given <strong>to</strong> getting a prohibited steps order. If a child has<br />
already undergone FGM, particular attention should be<br />
paid <strong>to</strong> the potential risk of harm <strong>to</strong> other female<br />
children in the same family.<br />
Further information can be found in Local Authority<br />
<strong>Children</strong>’s Social Care Letter LASSL (2004)4 .<br />
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10.5 Forced Marriage<br />
A forced marriage is a marriage conducted without the<br />
full consent of both partners <strong>and</strong> where duress is a<br />
fac<strong>to</strong>r.<br />
Further guidance is provided in Pro<strong>to</strong>col 10 of<br />
Section 5 “Forced Marriage”.<br />
10.6 Allegations of Abuse Made Against <strong>People</strong> Who<br />
Work With <strong>Children</strong><br />
<strong>Children</strong> can be subject <strong>to</strong> abuse by those who work<br />
with them in any setting. This may be by a professional,<br />
a staff member, a foster-carer or volunteer. All<br />
allegations must therefore be taken seriously <strong>and</strong><br />
treated in accordance with LSCB <strong>procedure</strong>s.<br />
Additional guidance is provided in Pro<strong>to</strong>col 11 in<br />
Section 5 “Allegations of Abuse Made Against<br />
<strong>People</strong> Who Work With <strong>Children</strong>”.<br />
10.7 Allegations Against Foster Carers<br />
Additional guidance is provided in Pro<strong>to</strong>col 11 in<br />
Section 5 “Allegations of Abuse Made Against<br />
<strong>People</strong> Who Work With <strong>Children</strong>” <strong>and</strong> the<br />
<strong>Children</strong>’s Social Care individual agency section<br />
under heading 16.<br />
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3.3 THE PROCESSES FOR SAFEGUARDING AND PROMOTING THE<br />
WELFARE OF CHILDREN<br />
Four key processes underpin work with children <strong>and</strong> families, each<br />
of which has <strong>to</strong> be carried out effectively in order <strong>to</strong> achieve<br />
improvements in the lives of children in need. They are<br />
assessment, planning, intervention <strong>and</strong> reviewing as set out in the<br />
Integrated <strong>Children</strong>’s System (Department of Health, 2002).<br />
The flow charts at the end of this section illustrate the processes<br />
for safeguarding <strong>and</strong> promoting the welfare of children:<br />
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from the point that concerns are raised about a child <strong>and</strong> are<br />
referred <strong>to</strong> a statu<strong>to</strong>ry organisation that can take action <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children (Chart 1);<br />
through an Initial Assessment of the child’s situation <strong>and</strong><br />
what happens after that (Chart 2)<br />
taking urgent action, if necessary (Chart 3);<br />
<strong>to</strong> the Strategy Discussion, where there are concerns about a<br />
child’s safety, <strong>and</strong> beyond that <strong>to</strong> the Child Protection<br />
Conference (Chart 4); <strong>and</strong> what happens after the Child<br />
Protection Conference, <strong>and</strong> the review process (Chart 5).<br />
1. BEING ALERT TO CHILDREN’S WELFARE<br />
Everybody who works or has contact with children, parents, <strong>and</strong><br />
other adults in contact with children should be able <strong>to</strong> recognise,<br />
<strong>and</strong> know how <strong>to</strong> act upon, evidence that a child’s health or<br />
development is or may be being impaired <strong>and</strong> especially when they<br />
are suffering, or at risk of suffering, significant harm.<br />
Practitioners, foster carers, <strong>and</strong> managers should be mindful<br />
always of the welfare <strong>and</strong> safety of children – including unborn<br />
children, older children <strong>and</strong> children living away from home or<br />
looked after by the local authority – in their work:<br />
A practitioner who has concerns about a child but is unclear<br />
whether they should make a referral should consult with a senior<br />
or specialist colleague. Members of the Public who have concerns<br />
about a child but are unclear whether they should<br />
make a referral should seek advice from a statu<strong>to</strong>ry agency i.e.<br />
Local Authority, <strong>Children</strong>’s Social Care, the Police or the NSPCC<br />
(contact details are listed in Section 6).<br />
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With children:<br />
For example: teachers, school nurses, health visi<strong>to</strong>rs, GPs,<br />
Accident <strong>and</strong> Emergency <strong>and</strong> all other hospital staff should be able<br />
<strong>to</strong> recognise situations where a child requires extra support <strong>to</strong><br />
prevent impairment <strong>to</strong> his or her health or development or possible<br />
indica<strong>to</strong>rs of abuse or neglect in children.<br />
All professionals working with children <strong>and</strong> especially those in<br />
health <strong>and</strong> Social Care should be familiar with the core st<strong>and</strong>ards<br />
set out in the National Service Framework for <strong>Children</strong>, <strong>Young</strong><br />
<strong>People</strong> <strong>and</strong> Maternity Services Core St<strong>and</strong>ards <strong>and</strong> in particular,<br />
st<strong>and</strong>ard 5 <strong>Safe</strong>guarding <strong>and</strong> Promoting the Welfare of <strong>Children</strong><br />
<strong>and</strong> <strong>Young</strong> <strong>People</strong>. Those working with children living away from<br />
home should also be familiar with the relevant statu<strong>to</strong>ry<br />
Regulations <strong>and</strong> National Minimum St<strong>and</strong>ards.<br />
With parents or caregivers who may need help in promoting<br />
<strong>and</strong> safeguarding their children’s welfare:<br />
For example: adult mental health or substance misuse services<br />
should always consider the implications for children of patients’ or<br />
users’ problems. Day nurseries, children’s <strong>and</strong> family centres<br />
should <strong>keep</strong> the interests of children uppermost when working with<br />
parents, work in ways intended <strong>to</strong> bring about better outcomes for<br />
children, <strong>and</strong> be alert <strong>to</strong> possible indica<strong>to</strong>rs of abuse or neglect.<br />
When dealing with cases of domestic violence, the Police <strong>and</strong> other<br />
involved agencies should consider the implications of the situation<br />
for any children in the family;<br />
With family members, employees, or others who have<br />
contact with children:<br />
For example: the Police <strong>and</strong> Probation Services, Mental Health<br />
services, <strong>and</strong> Housing Authorities should be alert <strong>to</strong> the possibility<br />
that an individual may pose a risk of significant harm <strong>to</strong> a<br />
particular child, or <strong>to</strong> children in a local community. Employers of<br />
staff or volunteers who have substantial unsupervised access <strong>to</strong><br />
children should guard against the potential for abuse, through<br />
rigorous selection processes, appropriate supervision <strong>and</strong> by taking<br />
steps <strong>to</strong> maintain a safe environment for children.<br />
In some circumstances practitioners may have undertaken a<br />
Common Assessment because they had concerns about a child <strong>and</strong><br />
were trying <strong>to</strong> ascertain how best <strong>to</strong> help, or the findings from the<br />
Common Assessment may have caused them <strong>to</strong> be concerned<br />
about a child’s welfare.<br />
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All staff members who have or become aware of concerns about<br />
the welfare or safety of a child or children should know:<br />
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what services are available locally;<br />
how <strong>to</strong> gain access <strong>to</strong> them;<br />
what sources of further advice <strong>and</strong> expertise are available;<br />
who <strong>to</strong> contact in what circumstances, <strong>and</strong> how; <strong>and</strong><br />
when <strong>and</strong> how <strong>to</strong> make a referral <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
These concerns should be discussed with a manager, or a named<br />
or designated health professional or a designated member of staff<br />
depending on the organisational setting.<br />
Concerns can also be discussed, without necessarily identifying the<br />
child in question, with senior colleagues in another agency in order<br />
<strong>to</strong> develop an underst<strong>and</strong>ing of the child’s needs <strong>and</strong><br />
circumstances. If, after discussion, these concerns remain <strong>and</strong> it<br />
seems that the child <strong>and</strong> family would benefit from other services,<br />
including those from within another part of the same agency<br />
decisions should be made about whom <strong>to</strong> make a referral <strong>to</strong>. If the<br />
child is considered <strong>to</strong> be or may be a child in need under the<br />
<strong>Children</strong> Act 1989, the child should be referred <strong>to</strong> <strong>Children</strong>’s Social<br />
Care. This includes a child who is believed <strong>to</strong> be or may be at risk<br />
of suffering significant harm.<br />
If these concerns arise about a child who is already known <strong>to</strong><br />
<strong>Children</strong>’s Social Care, the allocated worker should be informed of<br />
these concerns. However:<br />
never delay emergency action <strong>to</strong> protect a child from harm;<br />
always record in writing concerns about a child’s welfare,<br />
including whether or not further action is taken; <strong>and</strong><br />
always record in writing discussions about a child’s welfare.<br />
At the close of a discussion, always reach a clear <strong>and</strong> explicit<br />
recorded agreement about who will be taking what action, or<br />
that no further action will be taken.<br />
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The <strong>procedure</strong>s <strong>and</strong> time scales set out in this section should also<br />
be followed when there are concerns about the welfare of an<br />
unborn child.<br />
2. REFERRALS TO LOCAL AUTHORITY CHILDREN’S SOCIAL CARE<br />
(referred thereafter as <strong>Children</strong>’s Social Care)<br />
Councils with <strong>Children</strong>’s Social Care functions have particular<br />
responsibilities <strong>to</strong>wards all children whose health or development may<br />
be impaired without the provision of services, or who are disabled<br />
(defined in the <strong>Children</strong> Act 1989 as children ‘in need’).<br />
2.1 Responding <strong>to</strong> child welfare concerns where there is or<br />
may be an alleged crime:<br />
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Whenever <strong>Children</strong>’s Social Care has a case referred <strong>to</strong> them<br />
which constitutes, or may constitute, a criminal offence against<br />
a child, they should always discuss the case with the Police at<br />
the earliest opportunity.<br />
Whenever other agencies, or the local authority in its other<br />
roles, encounter concerns about a child’s welfare which<br />
constitute, or may constitute, a criminal offence against a child,<br />
they must always consider sharing that information with<br />
<strong>Children</strong>’s Social Care or the Police in order <strong>to</strong> protect the child<br />
or other children from the risk of significant harm. If a<br />
decision is taken not <strong>to</strong> share information, the reasons<br />
must be recorded.<br />
Information sharing in cases of concern about children’s welfare<br />
will enable professionals <strong>to</strong> consider jointly how <strong>to</strong> proceed in<br />
the best interests of the child <strong>and</strong> <strong>to</strong> safeguard children more<br />
generally.<br />
In dealing with alleged offences involving a child victim, the<br />
Police should normally work in partnership with <strong>Children</strong>’s Social<br />
Care <strong>and</strong>/or other agencies. Whilst the responsibility <strong>to</strong> instigate<br />
a criminal investigation rests with the Police, they should<br />
consider the views expressed by other agencies. There will be<br />
less serious cases where, after discussion, it is agreed that the<br />
best interests of the child are served by a <strong>Children</strong>’s Social Care<br />
led intervention rather than a full Police investigation.<br />
In deciding whether there is a need <strong>to</strong> share information,<br />
professionals need <strong>to</strong> consider their legal obligations, including<br />
whether they have a duty of confidentiality <strong>to</strong> the child. Where<br />
there is such a duty, the professional may lawfully share<br />
information if the child consents or if there is a public interest of<br />
sufficient force.<br />
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The cross-Government guidance, Information Sharing<br />
:Practitioner’s Guide, provides advice on these issues – see<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>practice/IG00065/<br />
Any decision whether or not <strong>to</strong> share information must be<br />
properly documented. Decisions in this area need <strong>to</strong> be made<br />
by, or with the advice of, people with suitable competence in<br />
child protection work such as named or designated<br />
professionals or senior managers.<br />
2.2 Response Of <strong>Children</strong>’s Social Care To A Referral:<br />
When a parent, professional, or another person contacts<br />
<strong>Children</strong>’s Social Care with concerns about a child’s welfare, it is<br />
the responsibility of <strong>Children</strong>’s Social Care <strong>to</strong> clarify with the<br />
referrer (including self-referrals from children <strong>and</strong> families):<br />
the nature of concerns<br />
how <strong>and</strong> why they have arisen<br />
what appear <strong>to</strong> be the needs of the child <strong>and</strong> family<br />
This process should always identify clearly:<br />
whether there are concerns about maltreatment<br />
what is their foundation<br />
is it necessary <strong>to</strong> consider taking urgent action <strong>to</strong> ensure<br />
the child(ren) are safe from harm.<br />
2.3 Confirmation of Referrals:<br />
Professionals who phone <strong>Children</strong>’s Social Care should<br />
confirm referrals in writing within 48 hours using the<br />
LSCB template (see Appendix 2 in Section 3.3 “The<br />
processes for safeguarding <strong>and</strong> promoting the welfare<br />
of children”). The Common Assessment Framework provides<br />
a structure for the written referral. At the end of any<br />
discussion or dialogue about a child, the referrer (whether a<br />
professional or a member of the public or family) <strong>and</strong><br />
<strong>Children</strong>’s Social Care should be clear about:<br />
proposed action,<br />
timescales <strong>and</strong> who will be taking it, or that no<br />
further action will be taken. The decision should be<br />
recorded by <strong>Children</strong>’s Social Care, <strong>and</strong> by the<br />
referrer (if a professional in another service).<br />
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<strong>Children</strong>’s Social Care should acknowledge a written referral<br />
within one working day of receiving it. If the referrer has<br />
not received an acknowledgement within 3 working days,<br />
they should contact <strong>Children</strong>’s Social Care again.<br />
2.4 Immediate action following a Referral:<br />
<strong>Children</strong>’s Social Care should decide <strong>and</strong> record next steps of<br />
action within one working day. This decision should normally<br />
follow discussion with any referring professional/service <strong>and</strong><br />
consideration of information held in any existing records, <strong>and</strong><br />
involve discussion with other professionals <strong>and</strong> services as<br />
necessary (including the Police, where a criminal offence may<br />
have been committed against a child).<br />
This initial consideration of the case should address – on the<br />
basis of the available evidence – whether there are concerns<br />
about either the child’s health <strong>and</strong> development or actual<br />
<strong>and</strong>/or potential harm which justifies an Initial Assessment <strong>to</strong><br />
establish whether this child is possibly a child in need. Further<br />
action may also include referral <strong>to</strong> other agencies, the<br />
provision of advice or information or no further action.<br />
Parents’ permission, or the child’s where appropriate, should<br />
be sought before discussing a referral about them with other<br />
agencies, unless permission-seeking may itself place a<br />
child at increased risk of significant harm.<br />
2.5 Referrals from Members of the Public:<br />
When responding <strong>to</strong> referrals from a member of the public<br />
rather than another professional, <strong>Children</strong>’s Social Care should<br />
bear in mind that personal information about referrers,<br />
including identifying details, should only be disclosed <strong>to</strong> third<br />
parties (including subject families <strong>and</strong> other agencies) with the<br />
consent of the referrer. In all cases where the Police are<br />
involved, the decision about when <strong>to</strong> inform the parents<br />
(about referrals from third parties) will have a bearing on the<br />
conduct of Police investigations.<br />
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2.6 Decision <strong>to</strong> take no further action:<br />
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Where <strong>Children</strong>’s Social Care decides <strong>to</strong> take no further action<br />
at this stage, feedback should be provided <strong>to</strong> the referrer, who<br />
should be <strong>to</strong>ld of this decision <strong>and</strong> the reasons for making it.<br />
In the case of public referrals, this should be done in a manner<br />
consistent with respecting the confidentiality of the child.<br />
2.7 Emergency Action:<br />
Sometimes it may be apparent at this stage that emergency<br />
action should be taken <strong>to</strong> safeguard <strong>and</strong> promote the welfare<br />
of a child. Such action should normally be preceded by an<br />
immediate Strategy Discussion between the Police, <strong>Children</strong>’s<br />
Social Care <strong>and</strong> other agencies as appropriate.<br />
2.8 Child or Family already known <strong>to</strong> <strong>Children</strong>’s Social Care:<br />
New information may be received about a child or family<br />
where the child or family member is already known <strong>to</strong><br />
<strong>Children</strong>’s Social Care. If the child’s case is open, <strong>and</strong> there<br />
are concerns that the child is or may be suffering harm then a<br />
decision should be made about whether a Strategy Discussion<br />
should be initiated. In these circumstances it may not be<br />
necessary <strong>to</strong> undertake an Initial Assessment before deciding<br />
what <strong>to</strong> do next. It may, however, be appropriate <strong>to</strong><br />
undertake a Core Assessment or <strong>to</strong> update a previous one in<br />
order <strong>to</strong> underst<strong>and</strong> the child’s current needs <strong>and</strong><br />
circumstances <strong>and</strong> inform future decision making.<br />
3. INITIAL ASSESSMENT<br />
The Initial Assessment is a brief assessment of each child<br />
referred <strong>to</strong> <strong>Children</strong>’s Social Care where it is necessary <strong>to</strong><br />
determine:<br />
whether the child is in need<br />
the nature of any services required<br />
whether a further, more detailed Core Assessment<br />
should be undertaken<br />
It should be completed by <strong>Children</strong>’s Social Care, working with<br />
colleagues, within a maximum of seven working days of the<br />
date of referral. The Initial Assessment period may be very brief<br />
if the criteria for initiating S.47 enquiries are met.<br />
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The Initial Assessment should be undertaken in accordance with<br />
the Framework for the Assessment of <strong>Children</strong> in Need <strong>and</strong> their<br />
Families (Department of Health et al, 2000). Where a Common<br />
Assessment has been completed this information should be<br />
used <strong>to</strong> inform the Initial Assessment. Information should be<br />
gathered <strong>and</strong> analysed within the 3 domains of the Assessment<br />
Framework (see diagram), namely;<br />
the child’s developmental needs;<br />
the parents’ or caregivers’ capacity <strong>to</strong> respond<br />
appropriately <strong>to</strong> those needs;<br />
<strong>and</strong><br />
the wider family <strong>and</strong> environmental fac<strong>to</strong>rs.<br />
The Initial Assessment should be led by a qualified <strong>and</strong> experienced<br />
social worker. All relevant information (including his<strong>to</strong>rical<br />
information) should be taken in<strong>to</strong> account. This includes seeking<br />
information from relevant services if the child <strong>and</strong> family have spent<br />
time abroad. Professionals from agencies such as health, <strong>Children</strong>’s<br />
Social Care or the Police should request this information from their<br />
equivalent agencies in the country(ies) in which the child has lived if<br />
this is required. Information about who <strong>to</strong> contact can be obtained<br />
via the Foreign <strong>and</strong> Commonwealth Office on 0207 008 1500 or the<br />
appropriate Embassy or Consulate based in London (see the London<br />
Diplomatic List (The Stationery Office), ISBN 0 11 591772 1 or the<br />
FCO website www.fco.gov.uk)<br />
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3.1 Communicating with children:<br />
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The child should be seen within a timescale that is appropriate<br />
<strong>to</strong> the nature of concerns expressed at the time of the referral,<br />
according <strong>to</strong> the agreed plan (which may include seeing the<br />
child without his or her caregivers present). This includes<br />
observing <strong>and</strong> communicating with the child in a<br />
manner appropriate <strong>to</strong> his or her age <strong>and</strong><br />
underst<strong>and</strong>ing.<br />
<strong>Children</strong>’s Social Care is required by the <strong>Children</strong> Act 1989 (as<br />
amended by s53 of the <strong>Children</strong> Act 2004) <strong>to</strong> ascertain the<br />
child’s wishes <strong>and</strong> feelings about the provision of services <strong>and</strong><br />
give them due consideration before determining what (if any)<br />
services <strong>to</strong> provide.<br />
Interviews with the child should be undertaken in the<br />
preferred language of the child. For some disabled children<br />
interviews may require the use of non-verbal communication<br />
methods.<br />
It will not necessarily be clear whether a criminal<br />
offence has been committed, which means that even initial<br />
discussions with the child should be undertaken in a way that<br />
minimises distress <strong>to</strong> them <strong>and</strong> maximises the likelihood that<br />
she or he will provide accurate <strong>and</strong> complete information,<br />
avoiding leading or suggestive questions.<br />
N.B. Interviews with family members (which may<br />
include the child) should also be undertaken in<br />
their preferred language <strong>and</strong> where appropriate<br />
for some people by using non-verbal<br />
communication methods.<br />
In the course of an Initial Assessment, <strong>Children</strong>’s Social Care<br />
should ascertain:<br />
is this a child in need? (s17 of the <strong>Children</strong> Act 1989)<br />
is there reasonable cause <strong>to</strong> suspect that this child is<br />
suffering, or is likely <strong>to</strong> suffer, significant harm? (S.47 of<br />
the <strong>Children</strong> Act 1989).<br />
The focus of the Initial Assessment should be the welfare of<br />
the child. It is important <strong>to</strong> remember that even if the reason<br />
for a referral was a concern about abuse or neglect that is not<br />
subsequently substantiated, a family may still benefit from<br />
support <strong>and</strong> practical help <strong>to</strong> promote a child’s health <strong>and</strong><br />
development. When services are <strong>to</strong> be provided, a<br />
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Child/<strong>Young</strong> Person’s Plan should be developed based on<br />
the findings from the Initial Assessment <strong>and</strong> on any previous<br />
plans for example, those made following the completion of a<br />
Common Assessment. If the child’s needs <strong>and</strong><br />
circumstances are complex, a more in-depth Core<br />
Assessment under s17 of the <strong>Children</strong> Act 1989 will be<br />
required in order <strong>to</strong> decide what other types of services are<br />
necessary <strong>to</strong> assist the child <strong>and</strong> family.<br />
3.2 Action following an Initial Assessment:<br />
Following an Initial Assessment, <strong>Children</strong>’s Social Care should<br />
decide on the next course of action, following discussion with<br />
the child <strong>and</strong> family, unless such a discussion may place a<br />
child at increased risk of significant harm. If there are<br />
concerns about a parent’s ability <strong>to</strong> protect a child from harm,<br />
careful consideration should be given <strong>to</strong> what the parents<br />
should be <strong>to</strong>ld when <strong>and</strong> by whom, taking account of the<br />
child’s welfare. The family, the original referrer, <strong>and</strong> other<br />
professionals <strong>and</strong> services involved in the assessment, should<br />
as far as possible be <strong>to</strong>ld what action has been <strong>and</strong> will be<br />
taken, consistent with respecting the confidentiality of the<br />
child <strong>and</strong> family concerned, <strong>and</strong> not jeopardising further action<br />
in respect of concerns about harm (which may include Police<br />
investigations). This information should be confirmed in<br />
writing <strong>to</strong> the agencies <strong>and</strong> the family.<br />
4. NEXT STEPS – CHILD IN NEED BUT NO SUSPECTED ACTUAL<br />
OR LIKELY SIGNIFICANT HARM:<br />
An Initial Assessment may indicate that a child is a ‘child in need’ as<br />
defined by s17 of the <strong>Children</strong> Act 1989, but that there are no<br />
substantiated concerns that the child may be suffering, or at risk of<br />
suffering significant harm. There may be sufficient information<br />
available on which <strong>to</strong> decide what services (if any) should be<br />
provided by whom according <strong>to</strong> an agreed plan. On the other h<strong>and</strong> a<br />
more in-depth assessment may be necessary in order <strong>to</strong> underst<strong>and</strong><br />
the child’s needs <strong>and</strong> circumstances.<br />
A Core Assessment undertaken in accordance with the framework<br />
for the assessment of child in need <strong>and</strong> their families can provide a<br />
sound evidence base for professional judgements on what types of<br />
services are most likely <strong>to</strong> bring about good outcomes for the child.<br />
Family Group Conferencing may be an effective vehicle for taking<br />
forward work in such cases.<br />
The definition of a ‘child in need’ is wide, <strong>and</strong> it will embrace<br />
children in a diverse range of circumstances. The types of services<br />
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that may help such children <strong>and</strong> their families will vary greatly<br />
according <strong>to</strong> their needs <strong>and</strong> circumstances.<br />
5. NEXT STEPS – CHILD IN NEED AND SUSPECTED ACTUAL OR<br />
LIKELY SIGNIFICANT HARM:<br />
Where a child is suspected <strong>to</strong> be suffering, or likely <strong>to</strong> suffer,<br />
significant harm, the local authority is required by S.47 of the<br />
<strong>Children</strong> Act 1989 <strong>to</strong> make enquiries, <strong>to</strong> enable it <strong>to</strong> decide whether<br />
it should take any action <strong>to</strong> safeguard <strong>and</strong> promote the welfare of<br />
the child. A Core Assessment will help provide sound evidence on<br />
which <strong>to</strong> base often difficult professional judgements about whether<br />
<strong>to</strong> intervene <strong>to</strong> safeguard <strong>and</strong> promote the welfare of a child, <strong>and</strong> if<br />
so, how best <strong>to</strong> do so <strong>and</strong> with what intended outcomes.<br />
5.1 Immediate Protection:<br />
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Where there is a risk <strong>to</strong> the life of a child or a likelihood of<br />
serious immediate harm, an agency with statu<strong>to</strong>ry child<br />
protection powers should act quickly <strong>to</strong> secure the<br />
immediate safety of the child. Emergency action might be<br />
necessary as soon as a referral is received, or at any point in<br />
involvement with children <strong>and</strong> families. The need for<br />
emergency action may become apparent only over time as<br />
more is learned about the circumstances of a child or children.<br />
Neglect, as well as abuse, can pose such a risk of<br />
significant harm <strong>to</strong> a child that urgent protective action<br />
is needed. When considering whether emergency action is<br />
required, an agency should always consider whether action is<br />
also required <strong>to</strong> safeguard <strong>and</strong> promote the welfare of other<br />
children:<br />
in the same household (for example, siblings)<br />
the household of an alleged perpetra<strong>to</strong>r<br />
or elsewhere<br />
Planned emergency action will normally take place following<br />
an immediate Strategy Discussion between Police, <strong>Children</strong>’s<br />
Social Care, <strong>and</strong> other agencies as appropriate (including<br />
NSPCC where involved). Where a single agency has <strong>to</strong> act<br />
immediately <strong>to</strong> protect a child, a Strategy Discussion should<br />
take place as soon as possible after such action <strong>to</strong> plan next<br />
steps. Legal advice should normally be obtained before<br />
initiating legal action, in particular when an Emergency<br />
Protection Order is <strong>to</strong> be sought. Where an emergency<br />
protection order applies, <strong>Children</strong>’s Social Care will have <strong>to</strong><br />
consider quickly whether <strong>to</strong> initiate care or other proceedings,<br />
or <strong>to</strong> let the order lapse <strong>and</strong> the child return home.<br />
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Agencies with statu<strong>to</strong>ry child protection powers comprise the<br />
local authority, the Police, <strong>and</strong> the NSPCC.<br />
In some cases, it may be sufficient <strong>to</strong> secure a child’s safety<br />
by a parent taking action <strong>to</strong> remove an alleged perpetra<strong>to</strong>r or<br />
by the alleged perpetra<strong>to</strong>r agreeing <strong>to</strong> leave the home. In<br />
other cases, it may be necessary <strong>to</strong> ensure either that the<br />
child remains in a safe place or that the child is removed <strong>to</strong> a<br />
safe place, either on a voluntary basis or by obtaining an<br />
emergency protection order.<br />
5.2 Police Powers of Protection:<br />
The Police also have powers <strong>to</strong> remove a child <strong>to</strong> suitable<br />
accommodation in cases of emergency. If it is necessary <strong>to</strong><br />
remove a child, a local authority should wherever possible –<br />
<strong>and</strong> unless a child’s safety is otherwise at immediate risk –<br />
apply for an emergency protection order. Police powers<br />
should only be used in exceptional circumstances where<br />
there is insufficient time <strong>to</strong> seek an Emergency<br />
Protection Order or for reasons relating <strong>to</strong> the<br />
immediate safety of the child. (See Police Procedures<br />
in Section 4 “Individual agency Procedures”)<br />
5.3 Responsibility of other Local Authorities:<br />
The Local Authority in whose area a child is found, in<br />
circumstances that require emergency action, is responsible<br />
for taking that action. If the child is looked after by, or the<br />
subject of a Child Protection Plan in another authority, the<br />
local authority in whose area the child is found should consult<br />
the authority responsible for the child. Only when the second<br />
local authority explicitly accepts responsibility is the first<br />
authority relieved of the responsibility <strong>to</strong> take emergency<br />
action. Such acceptance should be subsequently confirmed in<br />
writing.<br />
Emergency action addresses only the immediate<br />
circumstances of the child(ren). It should be followed quickly<br />
by S.47 enquiries as necessary. The agencies primarily<br />
involved with the child <strong>and</strong> family should then assess the<br />
needs <strong>and</strong> circumstances of the child <strong>and</strong> family, <strong>and</strong> agree<br />
action <strong>to</strong> safeguard <strong>and</strong> promote the welfare of the child in the<br />
longer-term.<br />
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6. STRATEGY DISCUSSION:<br />
Whenever there is reasonable cause <strong>to</strong> suspect that a child is<br />
suffering, or is likely <strong>to</strong> suffer significant harm, there should be a<br />
Strategy Discussion involving the designated decision makers from<br />
<strong>Children</strong>’s Social Care <strong>and</strong> the Police <strong>to</strong>gether with other’s as<br />
appropriate (for example, children’s centre/school <strong>and</strong> health), in<br />
particular any referring agency.<br />
The Strategy Discussion should be convened by <strong>Children</strong>’s Social<br />
Care <strong>and</strong> those participating should be sufficiently senior <strong>and</strong> able,<br />
therefore, <strong>to</strong> contribute <strong>to</strong> the discussion of available information<br />
<strong>and</strong> <strong>to</strong> make decisions on behalf of their agencies.<br />
As lead agency, <strong>Children</strong>’s Social Care will be responsible for<br />
chairing <strong>and</strong> minuting Strategy Discussions/Meetings.<br />
6.1 The Discussions should be used <strong>to</strong> plan enquiries under<br />
S.47 in more detail. This may not require a meeting,<br />
but normally the following people will be involved:<br />
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The relevant <strong>Children</strong>’s Services Manager <strong>and</strong> Detective<br />
Inspec<strong>to</strong>r (or their representatives as listed in Section 6)<br />
The Social Worker <strong>and</strong> Police Officer appointed <strong>to</strong> the<br />
enquiry (known as the Enquiry Team)<br />
The person making the referral, where appropriate<br />
In the case of a school age child, the child’s teacher or<br />
other appropriate member of the school staff<br />
A person who knows the child well, e.g. Health Visi<strong>to</strong>r,<br />
Nursery Nurse, Education Welfare Officer, Sure Start,<br />
foster carer/residential worker if the child is “Looked<br />
After”<br />
In the case of an allegation of abuse in a day care<br />
setting or childminding, a member of the OFSTED<br />
Childcare Inspec<strong>to</strong>rate.<br />
Other people who may be included in a Strategy<br />
Discussion/Meeting include:<br />
• A specialist advisor, e.g. if the child has individual<br />
communication needs<br />
• Medical Practitioner e.g. the child’s GP<br />
• Where a medical examination may be needed, a senior<br />
doc<strong>to</strong>r from the providing service<br />
• Legal advisor<br />
• Any other person relevant <strong>to</strong> the enquiry<br />
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If the child is a hospital patient (in- or out-patient) or<br />
receiving services from a child development team, the medical<br />
consultant responsible for the child’s health care should be<br />
involved, as should the senior ward nurse if the child is an inpatient.<br />
Where a medical examination may be necessary or has taken<br />
place a senior doc<strong>to</strong>r from those providing services should also<br />
be involved.<br />
6.2 The purpose of the Strategy Discussion/Meeting is <strong>to</strong>:<br />
Share, review <strong>and</strong> clarify the information currently<br />
available<br />
Make decisions about:<br />
• When the child <strong>and</strong> family will be<br />
interviewed <strong>and</strong> for what purposes <strong>and</strong> by<br />
whom<br />
• How the child will be interviewed i.e. video<br />
recorded <strong>and</strong> by whom<br />
• Where the interview will take place, <strong>and</strong><br />
• Whether the information supports the need<br />
for the child <strong>to</strong> be medically examined <strong>and</strong><br />
by whom. If no medical examination is <strong>to</strong><br />
take place, reasons must be noted<br />
Identify, on the basis of the information available, a<br />
person with parental responsibility who may give<br />
consent e.g. for an interview with the child <strong>and</strong> for<br />
medical examination<br />
Establish what the role of the parents or other family<br />
members will be i.e. determine what information about<br />
the Strategy Discussion/Meeting will be shared with the<br />
family<br />
Take account of any ethnic or cultural issues for the<br />
child/family<br />
Identify any specialist assistance which may be required<br />
e.g. an interpreter. Particular care should be taken in<br />
choosing an interpreter, having regard <strong>to</strong> language<br />
skills, their underst<strong>and</strong>ing of the issues under<br />
discussion, their commitment <strong>to</strong> confidentiality <strong>and</strong> their<br />
position in the wider community. There can be<br />
difficulties in using family members or friends as<br />
interpreters <strong>and</strong> this should be avoided. <strong>Children</strong> should<br />
not be used as interpreters<br />
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Decide on an appropriate person <strong>to</strong> support the child<br />
during the enquiry process, if this is not <strong>to</strong> be a parent<br />
or other family member<br />
Agree plan for S.47 enquiries as part of the Core<br />
Assessment – what further information is needed about<br />
the child <strong>and</strong> family <strong>and</strong> how it should be obtained: S47<br />
enquiries will trigger the commencement of a Core<br />
Assessment by the <strong>Children</strong>’s Social Care. S47 enquiries<br />
will contribute <strong>to</strong> this assessment. In cases where<br />
allegations are unsubstantiated <strong>Children</strong>’s Social Care<br />
should discuss with parents <strong>and</strong> other professionals<br />
what further help or support the family may require<br />
Make “contingency plans” e.g. if there is a possibility<br />
that the child will need immediate protection, <strong>and</strong>/or<br />
provide interim services <strong>and</strong> support. If the child is in<br />
hospital decisions should also be made about how <strong>to</strong><br />
secure the safe discharge of the child<br />
Consider needs of other children who may be affected<br />
e.g. siblings <strong>and</strong> other children in contact with alleged<br />
abusers<br />
Make sure that the Enquiry Team can contact their<br />
supervisors during the enquiry process<br />
More than one Strategy Meeting may be necessary.<br />
This is likely where the child’s circumstances are very<br />
complex <strong>and</strong> a number of meetings are required <strong>to</strong><br />
consider whether, <strong>and</strong> if so when, <strong>to</strong> initiate a S.47<br />
Enquiry. (see also <strong>Children</strong>’s Social Care<br />
Procedures – heading 10.1)<br />
6.3 Disabled <strong>Children</strong>:<br />
There will always be a Strategy Meeting rather than a<br />
Discussion where a child is disabled or has special educational<br />
needs. This will include at least one person who knows the<br />
child well <strong>and</strong>, wherever possible, the meeting will be<br />
convened at a time <strong>and</strong> place <strong>to</strong> enable the professional who<br />
knows the child well <strong>to</strong> attend.<br />
Please also refer <strong>to</strong> Pro<strong>to</strong>col 3 in Section 5 “Disabled<br />
<strong>Children</strong>”.<br />
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This meeting must:<br />
Be clear about the purpose of any planned interview<br />
– it may be used for criminal proceedings, civil or<br />
both<br />
Not make assumptions that a disabled child is<br />
unable <strong>to</strong> be interviewed or give credible evidence,<br />
<strong>and</strong><br />
Carry out a full assessment of the child’s abilities<br />
<strong>and</strong> needs, for example, for specialist interpreters in<br />
the child’s chosen method of communication (e.g.<br />
B.S.L Maka<strong>to</strong>n), access <strong>to</strong> buildings if the child uses<br />
a wheelchair, their level of underst<strong>and</strong>ing of what is<br />
going on, etc.<br />
6.4 Fabricated or Induced Illness:<br />
Where fabricated or induced illness is suspected, there will<br />
always be a Strategy Meeting which will consider all aspects of<br />
the case, including action in respect of covert video<br />
surveillance. The final decision <strong>to</strong> use covert video<br />
surveillance rests with the Police.<br />
Where this is indicated as appropriate, the Police will take the<br />
lead in co-ordinating such action. The Police will supply any<br />
equipment required <strong>and</strong> be responsible for moni<strong>to</strong>ring <strong>and</strong><br />
managing the process. Accountability for any operation<br />
should be held by a Police Manager.<br />
Good practice advice for Police officers is available from the<br />
National Crime Faculty.<br />
6.5 Complex (Organised or Multiple) Abuse<br />
Where a Strategy Meeting identifies that abuse involves one or<br />
more abusers <strong>and</strong> a number of children, the Chair of the<br />
Strategy Meeting must notify the Local <strong>Safe</strong>guarding <strong>Children</strong><br />
Board.<br />
For further information on Strategy Meetings in these<br />
circumstances, please refer <strong>to</strong> Pro<strong>to</strong>col 9 in Section 5:<br />
“Complex (Organised or Multiple) Abuse”.<br />
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6.6 Allegations of abuse made against people who work<br />
with children<br />
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There will always be a Strategy Meeting rather than a<br />
Discussion in these circumstances, <strong>to</strong> which the Local<br />
Authority Designated Officer (LADO) will be invited.<br />
For further information please refer <strong>to</strong> Pro<strong>to</strong>col 11 in<br />
Section 5: “ - Allegations of abuse made against people<br />
who work with children”<br />
7. SECTION 47 ENQUIRIES AND CORE ASSESSMENT:<br />
7.1 The Core Assessment is the means by which a S.47<br />
Enquiry is carried out. It should be led by a qualified <strong>and</strong><br />
experienced social worker. <strong>Children</strong>’s Social Care has lead<br />
responsibility for the Core Assessment under S.47 of the<br />
<strong>Children</strong> Act 1989.<br />
In these circumstances the objective of the local authority’s<br />
involvement is <strong>to</strong> determine whether action is required <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of the child or children<br />
who are the subjects of the enquiries. Those making enquiries<br />
about a child should always be alert <strong>to</strong>:<br />
the potential needs <strong>and</strong> safety of any siblings, or<br />
other children in the household of the child in<br />
question<br />
children in other households, with whom the<br />
alleged offender may have had contact<br />
At the same time, the Police will have <strong>to</strong> (where relevant)<br />
establish the facts about any offence that may have been<br />
committed against a child, <strong>and</strong> <strong>to</strong> collect evidence.<br />
Assessing the needs of a child <strong>and</strong> the capacity of their<br />
parents or wider family network adequately <strong>to</strong> ensure their<br />
safety, health, <strong>and</strong> development, very often depends on<br />
building a picture of the child’s situation on the basis of<br />
information from many sources.<br />
Enquiries should always:<br />
involve separate interviews with the child who is the<br />
subject of concern<br />
interviews with parents <strong>and</strong>/or caregivers, <strong>and</strong><br />
observation of the interactions between parents <strong>and</strong><br />
child(ren)<br />
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Enquiries may also include:<br />
interviews with those who are personally <strong>and</strong><br />
professionally connected with the child <strong>and</strong>/or<br />
child’s parents or care givers<br />
specific examinations or assessments of the child by<br />
other professionals (for example, medical or<br />
developmental checks, assessment of emotional or<br />
psychological state);<br />
N.B. Should the child require therapy at any stage,<br />
please refer <strong>to</strong> additional guidance in Section 5 –<br />
Pro<strong>to</strong>col 14 “Pre-Trial Therapy”.<br />
7.2 Medical Examination/Assessment<br />
Medical examination/assessment may serve a number of<br />
purposes:<br />
assessment of the child’s general health <strong>and</strong><br />
development<br />
diagnosis of any illness or injury present<br />
recommendations of any treatment required <strong>and</strong><br />
provision of a medical assessment for use as<br />
evidence in any future civil or criminal court<br />
proceedings<br />
The guiding principles should be that the child should not be<br />
subjected <strong>to</strong> repeated medical examination:<br />
each medical examination/assessment should be<br />
considered according <strong>to</strong> the particular needs of the<br />
child<br />
consideration should be given <strong>to</strong> the gender of any<br />
medical examiner according <strong>to</strong> the wishes <strong>and</strong><br />
feelings of the child<br />
N.B: Consideration should be given <strong>to</strong> the medical<br />
examination/assessment of any other child in the<br />
household.<br />
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Individuals should always be enabled <strong>to</strong> participate fully in the<br />
enquiry process. Where a child or parent is disabled, it may be<br />
necessary <strong>to</strong> provide help with communication <strong>to</strong> enable the<br />
child or parent <strong>to</strong> express him/herself <strong>to</strong> the best of his or her<br />
ability. Where a child or parent speaks a language other than<br />
that spoken by the interviewer, there should be an interpreter<br />
provided. If the child is unable <strong>to</strong> take part in an<br />
interview because of age or underst<strong>and</strong>ing, alternative<br />
means of underst<strong>and</strong>ing the child’s wishes or feelings<br />
should be used, including observation where children are<br />
very young or where they have communication impairments.<br />
Doubts about a child’s capacity/competency <strong>to</strong> give<br />
evidence should only be determined following an interagency<br />
assessment involving those with the relevant<br />
skills, knowledge <strong>and</strong> expertise.<br />
<strong>Children</strong> are a key, <strong>and</strong> sometimes the only, source of<br />
information about what has happened <strong>to</strong> them. Accurate <strong>and</strong><br />
complete information is essential for taking action <strong>to</strong> promote<br />
the welfare of the child, as well as for any criminal<br />
proceedings that may be instigated concerning an alleged<br />
perpetra<strong>to</strong>r of abuse.<br />
It is important that even initial discussions with children are<br />
conducted in a way that minimises any distress caused <strong>to</strong><br />
them, <strong>and</strong> maximises the likelihood that they will provide<br />
accurate <strong>and</strong> complete information. It is important,<br />
wherever possible, <strong>to</strong> have separate communication<br />
with a child.<br />
7.3 Parental Involvement<br />
Exceptionally, a joint enquiry/investigation team may need <strong>to</strong><br />
speak <strong>to</strong> a suspected child victim without the knowledge of the<br />
parent or caregiver. Relevant circumstances would include the<br />
possibility that:<br />
a child would be threatened or otherwise coerced<br />
in<strong>to</strong> silence;<br />
a strong likelihood that important evidence would<br />
be destroyed; or<br />
that the child in question did not wish the parent <strong>to</strong><br />
be involved at that stage, <strong>and</strong> is competent <strong>to</strong> take<br />
that decision. In all cases where the Police are<br />
involved, the decision about when <strong>to</strong> inform the<br />
parent or caregiver will have a bearing on the<br />
conduct of Police investigations, <strong>and</strong> the Strategy<br />
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7.4 Interviewing the Child<br />
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Discussion should decide on the most appropriate<br />
timing of parental participation.<br />
In accordance with the Achieving Best Evidence guidance<br />
(2002), all such joint interviews with children should be<br />
conducted by those with specialist training <strong>and</strong> experience in<br />
interviewing children. Additional specialist help may be<br />
required:<br />
if the child does not speak English at a level which<br />
enables him or her <strong>to</strong> participate in the interview;<br />
the child appears <strong>to</strong> have a degree of<br />
emotional/psychiatric disturbance but is deemed<br />
competent;<br />
the child has an impairment;<br />
or where interviewers do not have adequate knowledge<br />
<strong>and</strong> underst<strong>and</strong>ing of the child’s racial, religious or<br />
cultural background. Consideration should also be<br />
given <strong>to</strong> the gender of interviewers, particularly in<br />
cases of alleged sexual abuse.<br />
Criminal justice legislation, in particular the Youth Justice <strong>and</strong><br />
Criminal Evidence Act 1999, creates particular obligations for<br />
Courts who are dealing with witnesses under 17 years of age.<br />
These include the presumption of evidence-giving through<br />
pre-recorded videos, as well as the use of live video links for<br />
further evidence-giving <strong>and</strong> cross examination. Crossexamination<br />
in pre-trial video hearings may also occur in<br />
relevant cases.<br />
Home Office: Achieving Best Evidence<br />
http://www.homeoffice.gov.uk/documents/achieving-bestevidence/guidance-witnesses.pdf?view=Binary <br />
http://www.homeoffice.gov.uk/documents/achieving-bestevidence/guidance-witness-appendices.pdf?view=Binary<br />
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7.5 Child Assessment Orders:<br />
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<strong>Children</strong>’s Social Care should make all reasonable efforts <strong>to</strong><br />
persuade parents <strong>to</strong> cooperate with S.47 enquiries. If, despite<br />
these efforts, the parents continue <strong>to</strong> refuse access <strong>to</strong> a child<br />
for the purpose of establishing basic facts about the child’s<br />
condition – but concerns about the child’s safety are not so<br />
urgent as <strong>to</strong> require an emergency protection order – a local<br />
authority may apply <strong>to</strong> the court for a child assessment order.<br />
In these circumstances, the court may direct the<br />
parents/caregivers <strong>to</strong> co-operate with an assessment of the<br />
child, the details of which should be specified. The order does<br />
not take away the child’s own right <strong>to</strong> refuse <strong>to</strong> participate in<br />
an assessment, for example, a medical examination, so long<br />
as he or she is of sufficient age <strong>and</strong> underst<strong>and</strong>ing.<br />
7.6 The Impact Of S.47 Enquiries On The Family And Child<br />
Section 47 enquiries should always be carried out in such a<br />
way as <strong>to</strong> minimise distress <strong>to</strong> the child, <strong>and</strong> <strong>to</strong> ensure that<br />
families are treated sensitively <strong>and</strong> with respect. <strong>Children</strong>’s<br />
Social Care should explain the purpose <strong>and</strong> outcome of S.47<br />
enquiries <strong>to</strong> the parents <strong>and</strong> child (having regard <strong>to</strong> age <strong>and</strong><br />
underst<strong>and</strong>ing) <strong>and</strong> be prepared <strong>to</strong> answer questions openly,<br />
unless <strong>to</strong> do so would affect the safety <strong>and</strong> welfare of the<br />
child.<br />
In the great majority of cases, children remain with their<br />
families following S.47 enquiries, even where concerns about<br />
abuse or neglect are substantiated. As far as possible, S.47<br />
enquiries should be conducted in a way that allows for future<br />
constructive working relationships with families.<br />
Where a child is living in a residential establishment,<br />
consideration should be given <strong>to</strong> the possible impact on other<br />
children living in the same establishment.<br />
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7.7 The Outcome of S47 Enquiries<br />
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<strong>Children</strong>’s Social Care should decide how <strong>to</strong> proceed following<br />
S.47 enquiries, after discussion between all those who have<br />
conducted, or been significantly involved in those enquiries,<br />
including:<br />
relevant professionals <strong>and</strong> agencies<br />
foster carers where involved<br />
the child <strong>and</strong> parents themselves. Parents <strong>and</strong><br />
children of sufficient age <strong>and</strong> appropriate level of<br />
underst<strong>and</strong>ing (<strong>to</strong>gether with professionals <strong>and</strong><br />
agencies who have been significantly involved)<br />
should receive a copy of this record, in particular<br />
in advance of any initial child conference that is<br />
convened.<br />
The Outcome of Section 47 Enquiries should be recorded. This<br />
information should be conveyed in an appropriate format for<br />
younger children <strong>and</strong> those people whose preferred language<br />
is not English. Consideration should be given <strong>to</strong> whether the<br />
Core Assessment has been completed or what further work is<br />
required before it is completed.<br />
It may be valuable, following an evaluation of the outcome of<br />
enquiries, <strong>to</strong> make recommendations for action in an interdisciplinary<br />
forum (Multi-Agency Meeting (MAM)), if the case is<br />
not going forward <strong>to</strong> a Child Protection Conference. Enquiries<br />
may result in a number of outcomes. Where the child<br />
concerned is living in a residential establishment which is<br />
subject <strong>to</strong> inspection, the relevant inspec<strong>to</strong>rate should be<br />
informed.<br />
7.8 Concerns are not substantiated:<br />
Section 47 enquiries may not substantiate the original<br />
concerns about the child being at risk of, or suffering,<br />
significant harm, but it is important that the Core Assessment<br />
is completed. In some circumstances it may be decided that<br />
the Core Assessment has been completed <strong>and</strong> no further<br />
action is necessary. However, <strong>Children</strong>’s Social Care <strong>and</strong><br />
other relevant agencies as necessary should always consider<br />
with the family what support <strong>and</strong>/or services maybe helpful;<br />
how the child <strong>and</strong> family might be provided with these<br />
services, if they wish it; <strong>and</strong> by whom.<br />
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The focus of S.47 enquiries is the welfare of the child, <strong>and</strong> the<br />
assessment may well reveal a range of needs. The provision of<br />
services <strong>to</strong> these children <strong>and</strong> their families should not be<br />
dependent on the presence of abuse <strong>and</strong> neglect.<br />
The provision of timely help <strong>and</strong> support <strong>to</strong> children in need<br />
<strong>and</strong> their families may prevent problems escalating <strong>to</strong> a point<br />
where a child is abused or neglected.<br />
In some cases, there may remain concerns about significant<br />
harm, despite there being no real evidence. It may be<br />
appropriate <strong>to</strong> put in place arrangements <strong>to</strong> moni<strong>to</strong>r the<br />
child’s welfare. Moni<strong>to</strong>ring should never be used as a means of<br />
deferring or avoiding difficult decisions. The purpose of<br />
moni<strong>to</strong>ring should always be clear, that is, what is being<br />
moni<strong>to</strong>red <strong>and</strong> why, in what way <strong>and</strong> by whom. It will also be<br />
important <strong>to</strong> inform parents about the nature of any on-going<br />
concern. There should be a time set for reviewing the<br />
moni<strong>to</strong>ring arrangements through the holding a further<br />
discussion or meeting.<br />
7.9 Concerns are substantiated, but the child is not judged<br />
<strong>to</strong> be at continuing risk of Significant Harm:<br />
There may be substantiated concerns that a child has suffered<br />
significant harm, but it is agreed between the agencies most<br />
involved <strong>and</strong> the child <strong>and</strong> family, that a plan for ensuring the<br />
child’s future safety <strong>and</strong> welfare can be developed <strong>and</strong><br />
implemented without having a Child Protection Conference or<br />
a Child Protection Plan.<br />
Such an approach will be of particular relevance where it is<br />
clear <strong>to</strong> the agencies involved that there is no continuing risk<br />
of significant harm.<br />
This may be because, for example:<br />
the caregiver has taken responsibility for the harm they<br />
caused the child,<br />
the family’s circumstances have changed or the person<br />
responsible for the harm is no longer in contact with the<br />
child.<br />
significant harm was incurred as the result of an isolated<br />
abusive incident (for example, abuse by a stranger).<br />
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The agencies most involved may judge that a parent,<br />
caregiver, or members of the child’s wider family are willing<br />
<strong>and</strong> able <strong>to</strong> co-operate with actions <strong>to</strong> ensure the child’s future<br />
safety <strong>and</strong> welfare <strong>and</strong> that the child is therefore not at<br />
continuing risk of significant harm.<br />
This judgement can only be made in the light of all relevant<br />
information obtained during a S.47 Enquiry, <strong>and</strong> a soundly<br />
based assessment of the likelihood of successful intervention,<br />
based on clear evidence <strong>and</strong> mindful of the dangers of<br />
misplaced professional optimism. <strong>Children</strong>’s Social Care<br />
have a duty <strong>to</strong> seek children’s views <strong>and</strong> take account<br />
of their wishes <strong>and</strong> feelings, according <strong>to</strong> their age <strong>and</strong><br />
underst<strong>and</strong>ing.<br />
A meeting of involved professionals <strong>and</strong> family members may<br />
be useful <strong>to</strong> agree:<br />
what actions should be undertaken by whom, <strong>and</strong><br />
with what intended outcomes for the child’s health <strong>and</strong><br />
development, (including the provision of therapeutic<br />
services).<br />
Whatever process is used <strong>to</strong> plan future action, the resulting<br />
plan should be informed by the Core Assessment findings. It<br />
should set out who will have responsibility for what actions,<br />
including what course of action should be followed if the plan<br />
is not being successfully implemented. It should also include a<br />
timescale for review of progress against planned outcomes.<br />
Family Group Conferences may have a role <strong>to</strong> play in fulfilling<br />
these tasks.<br />
7.10 Decision not <strong>to</strong> Proceed <strong>to</strong> a Child Protection<br />
Conference<br />
<strong>Children</strong>’s Social Care should take carefully any decision not <strong>to</strong><br />
proceed <strong>to</strong> a Child Protection Conference where it is known<br />
that a child has suffered significant harm. A suitably<br />
experienced <strong>and</strong> qualified social work manager within<br />
<strong>Children</strong>’s Social Care should endorse the decision.<br />
Those professionals <strong>and</strong> agencies who are most involved with<br />
the child <strong>and</strong> family, <strong>and</strong> those who have taken part in the<br />
S.47 Enquiry, have the right <strong>to</strong> request that <strong>Children</strong>’s Social<br />
Care convene a Child Protection Conference if they have<br />
serious concerns that a child’s welfare may not otherwise be<br />
adequately safeguarded. Any such request that is supported<br />
by a senior manager, or a named or designated professional,<br />
should normally be agreed.<br />
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Where there remain differences of view over the necessity for<br />
a conference in a specific case, every effort should be made <strong>to</strong><br />
resolve them through discussion <strong>and</strong> explanation, but as a last<br />
resort the LSCBs should resolve differences of opinion.<br />
Concerns are substantiated <strong>and</strong> the Child is judged <strong>to</strong><br />
be at continuing Risk of Significant Harm;<br />
Where the agencies most involved judge that a child may<br />
continue <strong>to</strong> suffer, or <strong>to</strong> be at risk of suffering significant<br />
harm, <strong>Children</strong>’s Social Care should convene a Child Protection<br />
Conference. The aim of the conference is <strong>to</strong> enable those<br />
professionals most involved with the child <strong>and</strong> family, <strong>and</strong> the<br />
family themselves, <strong>to</strong> assess all relevant information, <strong>and</strong> plan<br />
how best <strong>to</strong> safeguard <strong>and</strong> promote the welfare of the child.<br />
8. INITIAL ASSESSMENT AND ENQUIRIES: TEN PITFALLS AND<br />
HOW TO AVOID THEM:<br />
1. Not enough weight is given <strong>to</strong> information from family, friends <strong>and</strong><br />
neighbours.<br />
Ask yourself:<br />
Would I react differently if these reports had come from a different<br />
source?<br />
How can I check whether or not they have substance?<br />
Even if they are not accurate, could they be a sign that the family<br />
are in need of some help or support?<br />
2. Not enough attention is paid <strong>to</strong> what children say, how they look<br />
<strong>and</strong> how they behave.<br />
Ask yourself:<br />
Have I been given appropriate access <strong>to</strong> all the children in the<br />
family?<br />
If I have not been able <strong>to</strong> see any child, is there a very good<br />
reason, <strong>and</strong> have I made arrangements <strong>to</strong> see him/her as soon as<br />
possible?<br />
How should I follow up any uneasiness about the child(ren)’s health<br />
or development?<br />
If the child is old enough <strong>and</strong> has the communication skills, what is<br />
the child’s account of events?<br />
If the child uses a language other than English, or alternative non<br />
verbal communication, have I made every effort <strong>to</strong> enlist help in<br />
underst<strong>and</strong>ing him/her?<br />
What is the evidence <strong>to</strong> support or refute the child or young<br />
person’s account?<br />
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3. Attention is focused on the most visible or pressing problems <strong>and</strong><br />
other warning signs are not appreciated.<br />
Ask yourself:<br />
What is the most striking thing about this situation?<br />
If this feature were <strong>to</strong> be removed or changed, would I still have<br />
concerns?<br />
4. Pressures from high status referrers or the press, with fears that a<br />
child may die, lead <strong>to</strong> over precipitate action<br />
Ask yourself:<br />
Would I see this referral as a safeguarding matter if it came from<br />
another source?<br />
5. Professionals think that when they have explained something as<br />
clearly as they can, the other person will have unders<strong>to</strong>od it.<br />
Ask yourself:<br />
Have I double-checked with the family <strong>and</strong> the child(ren) that they<br />
underst<strong>and</strong> what will happen next?<br />
6. Assumptions <strong>and</strong> pre-judgements about families lead <strong>to</strong> observations<br />
being ignored or misinterpreted.<br />
Ask yourself:<br />
What were my assumptions about this family?<br />
What, if any, is the hard evidence which supports them?<br />
What, if any, is the hard evidence which refutes them?<br />
7. Parents’ behaviour, whether co-operative or unco-operative, is often<br />
misinterpreted.<br />
Ask yourself:<br />
What were the reasons for the parents’ behaviour?<br />
Are there other possibilities besides the most obvious?<br />
Could their behaviour have been a reaction <strong>to</strong> something I<br />
did or said rather than <strong>to</strong> do with the child?<br />
8. When the initial enquiry shows that the child is not at risk of significant<br />
harm, families are seldom referred <strong>to</strong> other services which they need <strong>to</strong><br />
prevent longer term problems.<br />
Ask yourself:<br />
Is this family’s situation satisfac<strong>to</strong>ry for meeting the<br />
child(ren)’s needs?<br />
Whether or not there is a concern about harm, does the<br />
family need support or practical help?<br />
How can I make sure they know about services they are<br />
entitled <strong>to</strong>, <strong>and</strong> can access them if they wish?<br />
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9. When faced with an aggressive or frightening family, professionals are<br />
reluctant <strong>to</strong> discuss fears for their own safety <strong>and</strong> ask for help.<br />
Ask yourself:<br />
Did I feel safe in this household?<br />
If not, why not?<br />
If I or another professional should go back there <strong>to</strong> ensure the<br />
child(ren)’s safety, what support should I ask for?<br />
If necessary, put your concerns <strong>and</strong> requests in writing <strong>to</strong> your<br />
manager.<br />
10 Information taken at the point of referral is not adequately recorded, facts<br />
are not checked <strong>and</strong> reasons for decisions are not noted.<br />
Ask yourself:<br />
Am I sure the information I have noted is 100% accurate?<br />
If I didn’t check my notes with the family during the interview,<br />
what steps should I take <strong>to</strong> verify them?<br />
Do my notes show clearly the difference between the information<br />
the family gave me, my own direct observations, <strong>and</strong> my<br />
interpretation or assessment of the situation?<br />
Do my notes record what action I have taken/will take?<br />
What action all other relevant people have taken/will take?<br />
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From: Cleaver H, Wattam C, <strong>and</strong> Cawson P.<br />
“Assessing Risk in Child Protection” .London: NSPCC, 1998<br />
9. CHILD PROTECTION CONFERENCES<br />
9.1 When <strong>to</strong> Convene a Conference<br />
Where a child is suspected <strong>to</strong> be suffering, or likely <strong>to</strong> suffer,<br />
significant harm, the local authority is required by s47 of the<br />
<strong>Children</strong> Act 1989 <strong>to</strong> make enquiries, <strong>to</strong> enable it <strong>to</strong> decide<br />
whether it should take any action <strong>to</strong> safeguard <strong>and</strong> promote<br />
the welfare of the child. These include;<br />
• Where they are informed that a child in their area is the<br />
subject of an emergency protection order<br />
• Where they are informed that a child in their area is in<br />
Police protection<br />
• Where they have reasonable cause <strong>to</strong> suspect that a child<br />
in their area is suffering, or likely <strong>to</strong> suffer, significant<br />
harm.<br />
NB Significant harm includes physical, sexual,<br />
emotional abuse <strong>and</strong> neglect <strong>and</strong> embraces any<br />
impairment suffered from seeing or hearing the ill<br />
treatment of another.<br />
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A Section 47 enquiry will only be undertaken following an<br />
initial assessment using the framework set out in “A<br />
Framework for Assessing <strong>Children</strong> In Need <strong>and</strong> Their<br />
Families”.<br />
The decision <strong>to</strong> convene a Conference is not au<strong>to</strong>matic in<br />
every case. The significant fac<strong>to</strong>r in the decision whether or<br />
not <strong>to</strong> call a Conference is that there are concerns that the<br />
child may be at continuing risk of significant harm at the<br />
conclusion of enquiries under Section 47. The enquiries will<br />
have been carried out following a Strategy Discussion/Meeting<br />
with the Police <strong>and</strong> others. These principles should also apply<br />
<strong>to</strong> those situations where accumulative concerns indicate the<br />
potential for harm even though there may not be a single<br />
specific incident<br />
There may be substantiated concerns that a child has suffered<br />
significant harm, but it is agreed between the agencies most<br />
involved <strong>and</strong> the child <strong>and</strong> family, that a plan for ensuring the<br />
child’s future safety <strong>and</strong> welfare can be developed <strong>and</strong><br />
implemented without having a child protection conference or a<br />
child protection plan. Such an approach will be of particular<br />
relevance where it is clear <strong>to</strong> the agencies involved that there<br />
is no continuing risk of significant harm.<br />
Those professionals <strong>and</strong> agencies who are most involved with<br />
the child <strong>and</strong> family, <strong>and</strong> those who have taken part in the s47<br />
enquiry, have the right <strong>to</strong> request that LA children’s social<br />
care convene a child protection conference if they have<br />
serious concerns that a child’s welfare may not otherwise be<br />
adequately safeguarded. Any such request that is supported<br />
by a senior manager, or a named or designated professional,<br />
should normally be agreed.<br />
Where there remain differences of view over the necessity for<br />
a conference in a specific case, every effort should be made <strong>to</strong><br />
resolve them through discussion <strong>and</strong> explanation. However<br />
any continuing disagreement should be dealt with by<br />
the LSCB through reference <strong>to</strong> “Resolving Professional<br />
Differences of View in Specific Cases”. (See Appendix 1<br />
attached at the end of this section)<br />
LA children’s social care should take carefully any decision not<br />
<strong>to</strong> proceed <strong>to</strong> a child protection conference where it is known<br />
that a child has suffered significant harm. A suitably<br />
experienced <strong>and</strong> qualified social work manager within LA<br />
children’s social care should endorse the decision.<br />
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Where the agencies most involved judge that a child may<br />
continue <strong>to</strong> suffer, or <strong>to</strong> be at risk of suffering significant<br />
harm, LA children’s social care should convene a Child<br />
Protection Conference.<br />
9.2 The Initial Child Protection Conference<br />
The Initial Child Protection Conference brings <strong>to</strong>gether family<br />
members, the child where appropriate, <strong>and</strong> those<br />
professionals most involved with the child <strong>and</strong> the family <strong>and</strong><br />
family, following s47 enquiries. Its purpose is:<br />
• <strong>to</strong> bring <strong>to</strong>gether <strong>and</strong> analyse in an inter-agency setting<br />
the information which has been obtained about the<br />
child’s developmental needs, <strong>and</strong> the parents’ or carers’<br />
capacity <strong>to</strong> respond <strong>to</strong> these needs <strong>to</strong> ensure the child’s<br />
safety <strong>and</strong> promote the child’s health <strong>and</strong> development<br />
within the context of their wider family <strong>and</strong><br />
environment;<br />
• <strong>to</strong> consider the evidence presented <strong>to</strong> the conference,<br />
make judgements about the likelihood of a child<br />
suffering significant harm in future <strong>and</strong> decide whether<br />
the child is at continuing risk of significant harm; <strong>and</strong><br />
• <strong>to</strong> decide what future action is required <strong>to</strong> safeguard <strong>and</strong><br />
promote the welfare of the child, how that action will be<br />
taken forward, <strong>and</strong> with what intended outcomes.<br />
The timing of an Initial Child Protection Conference will depend<br />
on the urgency of the case <strong>and</strong> on the time required <strong>to</strong> obtain<br />
relevant information about the child <strong>and</strong> family.<br />
If the conference is <strong>to</strong> reach well-informed decisions based on<br />
evidence, it should take place following adequate preparation<br />
<strong>and</strong> assessment of the child’s needs <strong>and</strong> circumstances.<br />
At the same time, cases where children are at risk of significant<br />
harm should not be allowed <strong>to</strong> drift. Consequently, all initial<br />
Child Protection Conferences should take place within 15<br />
working days of the strategy discussion, or the last strategy<br />
discussion if more than one has been held.<br />
9.3 Attendance <strong>and</strong> Quorum<br />
An effective Conference or Child Protection Review depends<br />
upon the attendance of key professionals who know <strong>and</strong> are<br />
involved with the child <strong>and</strong> family, <strong>and</strong> efforts should be made<br />
<strong>to</strong> ensure their participation. This includes ensuring that where<br />
a child has changed school or GP, the previous school or GP are<br />
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contacted. There should be sufficient information <strong>and</strong> expertise<br />
available – through personal representation <strong>and</strong> written reports<br />
– <strong>to</strong> enable the conference <strong>to</strong> make an informed decision.<br />
NB Professionals <strong>and</strong> agencies who are invited but are<br />
unable <strong>to</strong> attend must submit a written report.<br />
Whilst the minimum attendance <strong>to</strong> ensure a quorum is three<br />
agencies or professional groups – Local Authority children’s<br />
social care plus two others which have had direct contact with<br />
the child - it is not good practice <strong>to</strong> hold an Initial Conference or<br />
Child Protection Review with such minimal attendance. Where a<br />
conference does not proceed due <strong>to</strong> these circumstances the<br />
Chair will arrange a date for Conference at the earliest<br />
opportunity <strong>and</strong> contact those agencies who did not attend,<br />
advising them of the rearranged date <strong>and</strong> stressing the<br />
importance of attendance.<br />
In exceptional circumstances e.g. where the child has not had<br />
relevant contact with three agencies; the minimum quorum<br />
may be breached at the discretion of the Chair. Reasons for this<br />
decision must be recorded in the Conference minutes. The Chair<br />
should ensure that all members of previous conferences are<br />
consulted in advance of the Conference <strong>and</strong> their views<br />
recorded in the Conference minutes.<br />
9.4 Involving the Child <strong>and</strong> Family Members<br />
Before a conference is held, the purpose of a conference, who will<br />
attend, <strong>and</strong> the way in which it will operate, should always be<br />
explained <strong>to</strong> a child of sufficient age <strong>and</strong> underst<strong>and</strong>ing, <strong>and</strong> <strong>to</strong><br />
the parents <strong>and</strong> involved family members. Where the child/family<br />
members do not speak English well enough <strong>to</strong> underst<strong>and</strong> the<br />
discussions <strong>and</strong> express their views, an interpreter should be<br />
used. If they require assistance due <strong>to</strong> a disability e.g. hearing<br />
impairment or signing, this must also be considered.<br />
The parents (including absent parents) should normally be invited<br />
<strong>to</strong> attend the conference <strong>and</strong> helped <strong>to</strong> participate fully.<br />
<strong>Children</strong>’s social care staff should give parents information about<br />
local advice <strong>and</strong> advocacy agencies, <strong>and</strong> explain that they may<br />
bring an advocate, friend or supporter.<br />
<strong>Children</strong>’s Social Care is required by the <strong>Children</strong> Act 1989 (as<br />
amended by s53 of the <strong>Children</strong> Act 2004) <strong>to</strong> ascertain the child’s<br />
wishes <strong>and</strong> feelings about the provision of services <strong>and</strong> give them<br />
due consideration before determining what (if any) services <strong>to</strong><br />
provide. Interviews with the child should be undertaken in the<br />
preferred language of the child. For some disabled children<br />
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interviews may require the use of non-verbal communication<br />
methods.<br />
The child, subject <strong>to</strong> consideration about age <strong>and</strong> underst<strong>and</strong>ing,<br />
should be invited <strong>to</strong> attend, <strong>and</strong> <strong>to</strong> bring an advocate, friend or<br />
supporter if s/he wishes. Where the child’s attendance is neither<br />
desired by him/her nor appropriate, the LA children’s social care<br />
professional who is working most closely with the child should<br />
ascertain what his/her wishes <strong>and</strong> feelings are, <strong>and</strong> make these<br />
known <strong>to</strong> the conference.<br />
9.5 Conduct <strong>and</strong> Exclusions from a Child Protection Conference<br />
The involvement of family members should be planned carefully.<br />
It may not always be possible <strong>to</strong> involve all family members at all<br />
times in the conference, for example, if one parent is the alleged<br />
abuser or if there is a high level of conflict between family<br />
members. Adults <strong>and</strong> any children who wish <strong>to</strong> make<br />
representations <strong>to</strong> the conference may not wish <strong>to</strong> speak in front<br />
of one another.<br />
Exceptionally, it may be necessary <strong>to</strong> exclude one or more family<br />
members from a conference, in whole or in part. The Conference<br />
is primarily about the child, <strong>and</strong> while the presence of the family<br />
is normally welcome, those professionals attending must be able<br />
<strong>to</strong> share information in a safe <strong>and</strong> non-threatening environment.<br />
Professionals may themselves have concerns about violence or<br />
intimidation, which should be communicated in advance <strong>to</strong> the<br />
Conference Chair.<br />
It may be appropriate for example where there is a strong risk of<br />
violence or intimidation by a family member at or subsequent <strong>to</strong><br />
the conference, <strong>to</strong>wards a child or anybody else or the possibility<br />
that a parent/caregiver may be prosecuted for an offence against<br />
a child.<br />
The decision <strong>to</strong> exclude a parent or caregiver from the child<br />
protection conference rests with the Chair of the Conference. If<br />
the parents are excluded, or are unable or unwilling <strong>to</strong> attend a<br />
child protection conference, they should be enabled <strong>to</strong><br />
communicate their views <strong>to</strong> the conference by another means.<br />
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9.6 Participation by Professionals<br />
The best decisions / outcomes for children are dependent upon the<br />
full participation of all agencies. This is achieved by;<br />
• the provision of a report using the relevant pro-forma for an Initial<br />
Child Protection Conference (Form 1) or Child Protection Review.<br />
(Form 6) This report should have been discussed with the family<br />
<strong>and</strong> a copy given <strong>to</strong> them.<br />
• Adequate preparation by professionals attending, which enables<br />
their full participation in discussion <strong>and</strong> decision making. All<br />
participants in the Conference / Child protection Review are jointly<br />
responsible for the quality of the discussion <strong>and</strong> decision making.<br />
In the case of an Initial Conference preparation may involve prior<br />
telephone discussion with other key professionals in order <strong>to</strong><br />
appraise themselves of the general family circumstances <strong>and</strong><br />
events leading <strong>to</strong> the Conference.<br />
• Professionals having made an initial assessment of unmet need or<br />
risk <strong>to</strong> the child (see Initial Conference Report pro-forma – Form<br />
1) before attending an Initial Child Protection Conference.<br />
9.7 Reports for an Initial Child Protection Conference (Form 1)<br />
Report for Initial Child Protection Conference (Form 1) - is <strong>to</strong> be<br />
completed by all agencies, discussed with the family, <strong>and</strong> submitted <strong>to</strong><br />
the Chair 3 days in advance of the Conference This pro-forma report<br />
will be sent out with the invitation <strong>to</strong> the Conference by LA children’s<br />
social care, accompanied by a front sheet containing<br />
family/relationship details.<br />
All agency reports must include a chronology of significant events<br />
<strong>and</strong> agency <strong>and</strong> professional contact with the child <strong>and</strong> family <strong>and</strong><br />
include for example;<br />
• injuries<br />
• hospital admissions<br />
• non attendance at school<br />
• non attendance at health appointments<br />
• family contacts with the Police (including domestic violence <strong>and</strong><br />
where Induced or Fabricated Illness may be suspected, contact<br />
with carers as victims)<br />
• significant behavioural indica<strong>to</strong>rs on the part of the child<br />
• significant changes in the child’s life e.g. address, school, GP,<br />
family composition<br />
• other significant events e.g. bereavement<br />
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These should be recorded on the first page of the Initial Conference<br />
Report.<br />
In addition, Conference reports should focus on:<br />
• information on the child’s current <strong>and</strong> past state of<br />
developmental needs including risks <strong>and</strong> unmet needs;<br />
• information on the capacity of the parents <strong>and</strong> other family<br />
members <strong>to</strong> ensure the child is safe from harm, <strong>and</strong> <strong>to</strong> respond<br />
<strong>to</strong> the child’s developmental needs, within their wider family <strong>and</strong><br />
environmental context;<br />
• the expressed views, wishes <strong>and</strong> feelings of the child, parents,<br />
<strong>and</strong> other family members; <strong>and</strong><br />
• an analysis of the implications of the information obtained for the<br />
child’s future safety <strong>and</strong> meeting of his or her developmental<br />
needs.<br />
• Services currently provided <strong>and</strong> services needed<br />
Where decisions are being made about more than one child in a<br />
family, there should be a report prepared on each child.<br />
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NB: All professionals should be aware that as with other<br />
documentation their report might be subject <strong>to</strong><br />
disclosure in legal proceedings. Therefore, whilst it<br />
is important that information known <strong>to</strong> each agency<br />
is given wherever possible on the Initial Child<br />
Protection Conference pro forma (Form 1), there is<br />
no expectation that information of a sensitive<br />
nature, i.e. regarding ongoing criminal<br />
investigations, which would normally only be<br />
shared orally, will be included in the Conference<br />
report.<br />
Those providing information should take care <strong>to</strong> distinguish between<br />
fact, observation, allegation <strong>and</strong> opinion. When information is<br />
provided from another source i.e. is second or third h<strong>and</strong>, this<br />
should be made clear.<br />
Where relevant, the parents <strong>and</strong> each child should be provided with<br />
a copy of the report in advance of the conference. The contents of<br />
the report should be explained <strong>and</strong> discussed with the child <strong>and</strong><br />
relevant family members in advance of the conference itself, in the<br />
preferred language(s) of the child <strong>and</strong> family members.<br />
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The child <strong>and</strong> family members should be helped in advance <strong>to</strong> think<br />
about what they want <strong>to</strong> convey <strong>to</strong> the conference <strong>and</strong> how best <strong>to</strong><br />
get their points across on the day. Some may find it helpful <strong>to</strong><br />
provide their own written report, which they may be assisted <strong>to</strong><br />
prepare by their adviser/advocate.<br />
9.8 The Focus of the Initial Child protection Conference<br />
The purpose of the Conference is for professionals <strong>and</strong> the relevant<br />
family members <strong>to</strong> meet <strong>to</strong>gether <strong>to</strong> look at how best <strong>to</strong> safeguard<br />
<strong>and</strong> promote the child’s welfare. It is essential that both the child <strong>and</strong><br />
parents/carers' views, wishes <strong>and</strong> feelings are represented at the<br />
Conference<br />
The Conference should consider the following question when<br />
determining whether the child should be the subject of a child<br />
protection plan:<br />
9.9 Is the child at continuing risk of significant harm?<br />
The test should be that either:<br />
• the child can be shown <strong>to</strong> have suffered ill-treatment or<br />
impairment of health or development as a result of physical,<br />
emotional, or sexual abuse or neglect, <strong>and</strong> professional<br />
judgement is that further ill-treatment or impairment are likely;<br />
or<br />
• professional judgement, substantiated by the findings of<br />
enquiries in this individual case or by research evidence, is that<br />
the child is likely <strong>to</strong> suffer ill-treatment or the impairment of<br />
health or development as a result of physical, emotional, or<br />
sexual abuse or neglect.<br />
Conference participants should base their judgements on all the<br />
available evidence obtained through existing records, “Initial<br />
Conference Report” (Form 1) or GP’s Report (Form 5) the<br />
initial assessment <strong>and</strong> the in-depth core assessment undertaken<br />
following the initiation of s47 enquiries.<br />
If the child is at continuing risk of significant harm, it will<br />
therefore be the case that safeguarding the child requires interagency<br />
help <strong>and</strong> intervention delivered through a formal Child<br />
Protection Plan <strong>and</strong> the child’s name placed should be placed on the<br />
Child Protection Register.<br />
The decision <strong>to</strong> implement a Child Protection Plan must be agreed by<br />
ALL agencies attending the Conference. The effect of this does NOT<br />
mean that any single agency has a right <strong>to</strong> ve<strong>to</strong> the decision, but, that<br />
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all agencies have a responsibility <strong>to</strong> work <strong>to</strong>wards agreement<br />
(consensus) through discussion at the Conference.<br />
In the unlikely event that consensus cannot be reached the<br />
Conference will be adjourned <strong>and</strong>, pending the reconvening of a<br />
further conference, any child will be made the subject of a Child<br />
Protection Plan during the adjournment period.<br />
A Child Protection Conference is required <strong>to</strong> make individual<br />
decisions about each child who is the subject of a Conference. Just<br />
because one child in a household/family requires a Child Protection<br />
Plan it does not necessarily follow that any or all other child(ren)<br />
require a Child Protection Plan.<br />
Moreover the categories for a Child Protection Plan in respect of<br />
each child within the household/family may vary according the<br />
identified continuing risk of significant harm. The Child Protection<br />
Conference must therefore address this issue in order <strong>to</strong> ensure that<br />
the resulting individual Child Protection Plan addresses the identified<br />
risks for each child<br />
9.10 Categories for a Child Protection Plan.<br />
If the conference decision is that the child is at continuing risk of<br />
significant harm <strong>and</strong> hence in need of a child protection plan, the<br />
chair should determine which category of abuse or neglect the child<br />
has suffered or is at risk of suffering. The category used will be one<br />
of the following;<br />
• Neglect<br />
• Physical Harm<br />
• Sexual Harm<br />
• Emotional Harm<br />
• Multiple Categories (not recommended)<br />
The use of multiple categories is not recommended <strong>and</strong> the category<br />
selected should indicate the primary nature of the harm the child<br />
has suffered or is likely <strong>to</strong> suffer. In those instances were more than<br />
one category of abuse could apply this should be reflected in the<br />
Child Protection Plan.<br />
9.11 The Child Protection Conference Decision Record (Form 2)<br />
The decision of the conference <strong>and</strong>, where appropriate, details of the<br />
category of abuse or neglect, the name of the key worker, the lead<br />
professional <strong>and</strong> the core group membership should be recorded <strong>and</strong><br />
circulated <strong>to</strong> all those invited <strong>to</strong> the conference within one working<br />
day. The “Child Protection Conference Decision Record Child<br />
Protection / Child In Need” (Form 2)<br />
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9.12 The Child Protection Plan<br />
Where a child is <strong>to</strong> be made the subject of a Child Protection Plan, it<br />
is the responsibility of the Initial Child Protection Conference <strong>to</strong><br />
outline the plan <strong>and</strong> make recommendations on how agencies,<br />
professionals <strong>and</strong> the family should work <strong>to</strong>gether <strong>to</strong> ensure that the<br />
child will be safeguarded from harm in the future. This should<br />
enable both professionals <strong>and</strong> the family <strong>to</strong> underst<strong>and</strong> exactly what<br />
is expected of them <strong>and</strong> what they can expect of others. Specific<br />
tasks include the following:<br />
• appointing a key worker (the lead professional), who should be<br />
a qualified, experienced social worker <strong>and</strong> an employee of the<br />
lead statu<strong>to</strong>ry body;<br />
• identifying the membership of a core group of professionals<br />
<strong>and</strong> family members who will develop <strong>and</strong> implement the child<br />
protection plan as a detailed working <strong>to</strong>ol;<br />
• establishing timescales for meetings of the core group,<br />
production of a Child Protection Plan, <strong>and</strong> any update for a<br />
future Child Protection Review;<br />
• identifying in outline what further action is required <strong>to</strong><br />
complete the core assessment <strong>and</strong> what other specialist<br />
assessments of the child <strong>and</strong> family are required <strong>to</strong> make<br />
sound judgements on how best <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of the child;<br />
• establishing how the child, their parents (including all those<br />
with parental responsibility) <strong>and</strong> wider family members should<br />
be involved in the ongoing assessment, planning <strong>and</strong><br />
implementation process, <strong>and</strong> the support, advice <strong>and</strong><br />
advocacy available <strong>to</strong> them;<br />
• outlining the child protection plan, especially, identifying what<br />
needs <strong>to</strong> change in order <strong>to</strong> achieve the planned outcomes <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of the child;<br />
• ensuring a contingency plan is in place if agreed actions are<br />
not completed <strong>and</strong>/or circumstances change, for example if a<br />
caregiver fails <strong>to</strong> achieve what has been agreed, a court<br />
application is not successful or a parent removes the child<br />
from a place of safety;<br />
• Agreeing a date for the first child protection review<br />
conference, <strong>and</strong> under what circumstances it might be<br />
necessary <strong>to</strong> convene the conference before that date.<br />
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9.13 The Outline Child Protection Plan (Form 3)<br />
The recommendations of the Conference will provide the framework<br />
for the Child Protection Plan (Form 3), or where the child is not<br />
registered, The Family Support Plan – see below - (Form 4). In<br />
completing the above tasks the Child Protection Plan should;<br />
• describe the identified needs of the child including fac<strong>to</strong>rs<br />
associated with the likelihood of the child suffering significant<br />
harm<br />
• identify ways in which the child can be protected through an<br />
inter-agency plan <strong>and</strong> establish short-term <strong>and</strong> longer-term<br />
aims <strong>and</strong> objectives that are clearly linked <strong>to</strong> reducing the<br />
likelihood of harm <strong>to</strong> the child <strong>and</strong> promoting the child’s<br />
welfare, including contact with family members;<br />
• be clear about who will have responsibility for what actions –<br />
including actions by family members – within what specified<br />
timescales;<br />
• outline ways of moni<strong>to</strong>ring <strong>and</strong> evaluating progress against<br />
the planned outcomes set out in the plan; <strong>and</strong><br />
• be clear about which professional is responsible for checking<br />
that the required changes have taken place, <strong>and</strong> what action<br />
will be taken, by whom, <strong>and</strong> when they have not.<br />
If any professional involved with the child <strong>and</strong> family becomes aware<br />
that subsequent proceedings in court alter the Child Protection Plan,<br />
they must notify the Conference Chair.<br />
9.14 The Child In Need Plan (Form 4)<br />
A child may not be the subject of a Child Protection Plan, but he or<br />
she may nonetheless require services <strong>to</strong> promote his or her health<br />
or development. In these circumstances, the conference <strong>to</strong>gether<br />
with the family should consider the child’s needs <strong>and</strong> what further<br />
help would assist the family in responding <strong>to</strong> them.<br />
Subject <strong>to</strong> the family’s views <strong>and</strong> consent, it may be appropriate <strong>to</strong><br />
continue with <strong>and</strong> complete a core assessment of the child’s needs<br />
<strong>to</strong> help determine what support might best help promote the child’s<br />
welfare. Where the child’s needs are complex, inter-agency working<br />
will continue <strong>to</strong> be important.<br />
Where appropriate <strong>and</strong> using the Framework for the Assessment of<br />
<strong>Children</strong> in Need <strong>and</strong> their Families), a Child in Need / Family<br />
Support Plan should be drawn up by the Conference (Form 4) This<br />
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plan must be reviewed at regular intervals - no less frequent than<br />
every six months.<br />
9.15 Requests for Specialist Assessment<br />
If the Conference decides that there is a need for a specialist<br />
assessment <strong>to</strong> be undertaken; there must be clarity about what is<br />
being requested. For example if there is a concern about a parent /<br />
carer’s behaviour / mental health; it is not sufficient <strong>to</strong> request a<br />
mental health assessment, if what is required is an assessment of the<br />
parent’s / carer’s behaviour / mental health <strong>and</strong> an assessment of<br />
possible risks this may present <strong>to</strong> the child. Any requests for this kind<br />
of assessment should be made in writing clearly stating what kind of<br />
assessment is being requested <strong>and</strong> for what purpose.<br />
9.16 Pre-Birth Child Protection Conferences <strong>and</strong> Reviews<br />
Where a core assessment under s47 of the <strong>Children</strong> Act 1989 gives<br />
rise <strong>to</strong> concerns that an unborn child may be at future risk of<br />
significant harm, LA children’s social care may decide <strong>to</strong> convene an<br />
initial child protection conference prior <strong>to</strong> the child’s birth. The<br />
involvement of midwifery services is vital in such cases.<br />
Such a conference should have the same status, <strong>and</strong> proceed in the<br />
same way, as other initial child protection conferences, including<br />
decisions about a child protection plan.<br />
9.17 Action Following the Initial Child Protection Conference<br />
When a conference decides that a child should be the subject of a<br />
child protection plan, one of the child care agencies with statu<strong>to</strong>ry<br />
powers (LA children’s social care or the NSPCC) should carry future<br />
child care responsibility for the case <strong>and</strong> designate a qualified <strong>and</strong><br />
experienced member of its social work staff <strong>to</strong> be the key worker.<br />
Each child who is the subject of a Child Protection Plan should have<br />
a named key worker. The key worker is responsible for making sure<br />
that the outline child protection plan is developed in<strong>to</strong> a more<br />
detailed inter-agency plan <strong>and</strong> completing the core assessment of<br />
the child <strong>and</strong> family, securing contributions from core group<br />
members <strong>and</strong> others as necessary.<br />
The key worker is also responsible for acting as the lead professional<br />
for the inter-agency work with the child <strong>and</strong> family <strong>and</strong>, where<br />
appropriate, regularly ascertaining the child’s wishes <strong>and</strong> feelings,<br />
<strong>and</strong> <strong>keep</strong>ing the child up <strong>to</strong> date with the Child Protection Plan <strong>and</strong><br />
any developments or changes.<br />
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9.18 The Core Group <strong>and</strong> Child Protection Plan<br />
There must be a Core Group for every child who has a Child<br />
Protection Plan or registered on the Child Protection Register <strong>and</strong> in<br />
cases where a Child in Need / Family Support Plan is being provided<br />
as an alternative <strong>to</strong> child protection registration.<br />
The Core Group is a team of practitioners from the various agencies<br />
who are in regular contact with a child <strong>and</strong> their family. These are the<br />
individuals able <strong>to</strong> implement the key elements of the Child<br />
Protection/Child In Need Plan within a clearly defined remit laid down<br />
at the Initial Child Protection Conference. Any difficulties should be<br />
discussed with the Conference Chair. Any changes or difficulties in<br />
implementing the Plan must be referred <strong>to</strong> a Child Protection/Child In<br />
Need Review.<br />
The first meeting of the core group should take place within 10<br />
working days of the initial Child Protection Conference. The purpose<br />
of this first meeting is <strong>to</strong> flesh out the child protection plan <strong>and</strong><br />
decide what steps need <strong>to</strong> be taken by whom <strong>to</strong> complete the core<br />
assessment on time <strong>and</strong> promote the child(ren)’s needs<br />
Thereafter, core groups should meet sufficiently regularly <strong>to</strong><br />
facilitate working <strong>to</strong>gether, moni<strong>to</strong>r actions <strong>and</strong> outcomes against<br />
Child Protection/Child In Need Plan, <strong>and</strong> make any necessary<br />
alterations as circumstances change.<br />
Membership should include the key worker, who leads the Core<br />
group, the child if appropriate, family members, <strong>and</strong> professionals or<br />
foster carers who will have direct contact with the family. Although<br />
the key worker has the lead role, all members of the core group are<br />
jointly responsible for the formulation <strong>and</strong> implementation of the<br />
Child Protection/Child In Need Plan, refining the plan as needed, <strong>and</strong><br />
moni<strong>to</strong>ring progress against the planned outcomes set out in the<br />
plan.<br />
Core groups are an important forum for working with parents, wider<br />
family members, <strong>and</strong> children of sufficient age <strong>and</strong> underst<strong>and</strong>ing. It<br />
can often be difficult for parents <strong>to</strong> agree <strong>to</strong> a Child Protection/Child<br />
In Need Plan within the confines of a formal conference. Their<br />
agreement may be gained later when details of the plan are worked<br />
out in the core group.<br />
Sometimes there may be conflicts of interest between family<br />
members who have a relevant interest in the work of the core<br />
group. The child’s best interests should always take precedence over<br />
the interests of other family members.<br />
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The Core Group should ensure that a thorough review of the areas<br />
identified by the Child Protection /Child In Need Plan is carried out for<br />
each Child Protection/Child In Need Review. This should be recorded<br />
on the front page of the Core Group <strong>Working</strong> Record (“Core Group<br />
<strong>Working</strong> Record” Form 5) <strong>and</strong> copied <strong>to</strong> all members of the<br />
Review. The Child Protection Plan should be updated as necessary.<br />
N.B: Agencies must give the same priority <strong>to</strong> attending Core<br />
groups as they give <strong>to</strong> attending Child Protection<br />
Conferences.<br />
9.19 The Child Protection Review Conference<br />
The date of the first Review must be set at the Initial Conference<br />
<strong>and</strong> must be held within three months of the Initial Child<br />
Protection Conference. Subsequent Reviews should be held at least<br />
every six months. This is <strong>to</strong> ensure that momentum is maintained<br />
in the process of safeguarding <strong>and</strong> promoting the welfare of the<br />
child. Where necessary, reviews should be brought forward <strong>to</strong><br />
address changes in the child’s circumstances. Attendees should<br />
include those most involved with the child <strong>and</strong> family in the same<br />
way as at an initial child protection conference <strong>and</strong> the pro<strong>to</strong>cols for<br />
establishing a quorum should apply.<br />
9.20 The Focus of the Child Protection Review Conference<br />
The purpose of the Child Protection Review is <strong>to</strong> review the safety,<br />
health <strong>and</strong> development of the child against planned outcomes set<br />
out in the Child Protection Plan; <strong>to</strong> ensure that the child continues <strong>to</strong><br />
be safeguarded from harm; <strong>and</strong> <strong>to</strong> consider whether the Child<br />
Protection Plan should continue in place or should be changed.<br />
The review requires as much preparation, commitment <strong>and</strong><br />
management as the initial Child Protection Conference. Every review<br />
should consider explicitly whether the child continues <strong>to</strong> be at risk of<br />
significant harm, <strong>and</strong> hence continues <strong>to</strong> require safeguarding from<br />
harm through adherence <strong>to</strong> a formal Child Protection Plan. If not,<br />
then the child should no longer be the subject of a Child Protection<br />
Plan. The same LSCB decision-making <strong>procedure</strong> should be used <strong>to</strong><br />
reach a judgement on de-registration as is used at the initial Child<br />
Protection Conference in respect of registration.<br />
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The criteria for convening a Child Protection Review Conference,<br />
including other agency requests for the <strong>Children</strong>’s Social Care<br />
Department <strong>to</strong> convene a Child Protection Review, are:<br />
• Statu<strong>to</strong>ry action recommended by the initial Child Protection<br />
Conference needs <strong>to</strong> be reviewed, <strong>and</strong>/or;<br />
• there is evidence of further harm <strong>to</strong> a child already on the Child<br />
Protection Register, <strong>and</strong>/or;<br />
• completion of an assessment of the child <strong>and</strong> family, <strong>and</strong>/or;<br />
• changes in the family circumstances affect the Child Protection<br />
Plan, <strong>and</strong>/or;<br />
• three months has passed since the Initial Child Protection<br />
Conference or the a child’s birth in the case of unborn children at<br />
the time of the Initial Child Protection Conference or six months<br />
since previous Review Conference.<br />
A copy of the Child Protection Plan (Form 3) should be<br />
attached <strong>to</strong> the back of the Child Protection Review proforma<br />
(Form 6) <strong>and</strong> the Core Group <strong>Working</strong> Record (Form<br />
5). Reports should be provided on the Child Protection Review<br />
pro-forma. Reports <strong>to</strong> Conference should include:<br />
• dates of contacts with the child/family since the last<br />
Conference/Child Protection Review;<br />
• progress on the implementation of recommendations relating <strong>to</strong><br />
your agency;<br />
• any outst<strong>and</strong>ing issues;<br />
• whether, in your agency’s view, the Child Protection Plan<br />
continues <strong>to</strong> meet the needs of the child <strong>and</strong> family;<br />
• any further action which needs <strong>to</strong> be taken.<br />
9.21 <strong>Children</strong> Looked After by the Local Authority<br />
Where children looked after are also subject <strong>to</strong> a Child Protection<br />
Review Conference the overriding principle must be that the<br />
systems are integrated <strong>and</strong> carefully moni<strong>to</strong>red in a way that<br />
promotes a child centred approach.<br />
It is important <strong>to</strong> link the timing of a Child Protection Review<br />
Conference with the review under The Review of <strong>Children</strong>’s Cases<br />
Regulations 1991 as amended by The Review of <strong>Children</strong>’s Cases<br />
(Amendment) (Engl<strong>and</strong>) Regulations 2004 <strong>to</strong> ensure that<br />
information from the former is brought <strong>to</strong> the review meeting, <strong>and</strong><br />
informs the overall care planning process. It should be remembered<br />
that significant changes <strong>to</strong> the care plan can only be made at the<br />
looked after children review meeting.<br />
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Independent Reviewing Officers may be employed <strong>to</strong> chair Child<br />
Protection Conferences as well as looked after children reviews. The<br />
appropriateness of the IRO undertaking this role should be<br />
considered on a case by case basis. This must be managed in a way<br />
which ensures that the independence of the IRO is not<br />
compromised.<br />
9.22 Discontinuing the Child Protection Plan /Child Protection<br />
Registration<br />
A child should no longer be the subject of a Child Protection Plan if:<br />
(a) it is judged that the child is no longer at continuing risk of<br />
significant harm which requires safeguarding by means of a child<br />
protection plan (for example, the likelihood of harm has been<br />
reduced by action taken through the child protection plan; the<br />
child <strong>and</strong> family’s circumstances have changed; or reassessment<br />
of the child <strong>and</strong> family indicates that a child protection plan is not<br />
necessary). Under these circumstances, only a child protection<br />
review conference can decide that a child protection plan is no<br />
longer necessary;<br />
(b) the child <strong>and</strong> family have moved permanently <strong>to</strong> another local<br />
authority area <strong>and</strong> that area has accepted responsibility for the<br />
management of the case. In such cases, the receiving local<br />
authority should convene a child protection conference within 15<br />
working days of being notified of the move. Only after which<br />
event may discontinuing the child protection plan take place in<br />
respect of the original local authority’s child protection plan;<br />
(c) the child is no longer a child in the eyes of the law: the child has<br />
reached 18 years of age, has married, or has died, or has<br />
permanently left the UK.<br />
In respect of (a) only a Child protection Review Case Conference can<br />
decide that a child is no longer at continuing risk of significant harm<br />
<strong>and</strong> therefore no longer needs <strong>to</strong> be the subject of a Child Protection<br />
Plan. If the Local Authority is applying for or recommending a Court<br />
Order for a child e.g. Interim Care Order or residence order, the<br />
Conference members may make an advance recommendation of<br />
discontinuation of the Child Protection Plan / Child Protection<br />
Registration <strong>to</strong> be effected on granting of this order. In this event<br />
the Chair will notify all conference attendees of the granting of this<br />
Order. And the Child Protection Plan will be discontinued <strong>and</strong> the<br />
child de-registered.<br />
For children who leave the UK <strong>and</strong> move overseas please see<br />
Practice Guidance<br />
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When a child is no longer the subject of a Child Protection Plan,<br />
notification should be sent, as a minimum. To all those agency<br />
representatives who were invited <strong>to</strong> attend the Initial Child<br />
Protection Conference that led <strong>to</strong> the Plan.<br />
Where there are significant differences of opinion concerning<br />
registration or de-registration, which cannot be resolved through the<br />
adjournment of the Conference, the case should be referred <strong>to</strong> the<br />
LSCB for arbitration.<br />
See Appendix 1 at the end of this section “Resolving Professional<br />
Differences Of View In Specific Cases”.<br />
A child who is no longer the subject of a Child Protection Plan may<br />
still require additional support <strong>and</strong> services <strong>and</strong> discontinuing the<br />
child protection plan should never lead <strong>to</strong> the au<strong>to</strong>matic withdrawal<br />
of help. The key worker should discuss with the parents <strong>and</strong> the<br />
child what services might be wanted <strong>and</strong> required, based upon the<br />
re-assessment of the needs of the child <strong>and</strong> family.<br />
9.23 The Child In Need Plan Review (Form 4)<br />
The purpose of the Review is <strong>to</strong> provide an opportunity for the<br />
family <strong>and</strong> professionals <strong>to</strong> meet <strong>to</strong>gether <strong>to</strong> review whether or not<br />
the Child In Need Plan is proving effective in meeting identified<br />
needs. Generally, the review should be chaired <strong>and</strong> minuted by LA<br />
Social Care.<br />
A copy of the Child In Need Plan (Form 4) should be attached <strong>to</strong> the<br />
back of the Child In Need Review Report (Form 7). Reports should<br />
be provided on the Family Support Review pro-forma.<br />
In carrying out the Review the family <strong>and</strong> professionals will;<br />
• consider the work <strong>and</strong> role of the Child In Need Core Group;<br />
• examine the services/support offered <strong>and</strong> consider whether or not<br />
they continue <strong>to</strong> meet the family’s needs;<br />
• consider what further action/support services are necessary.<br />
9.24 Chairing the Conference<br />
A professional who is independent of operational or line<br />
management responsibilities for the case should chair the<br />
conference. The status of the chair should be sufficient <strong>to</strong> ensure<br />
inter-agency commitment <strong>to</strong> the conference <strong>and</strong> the child protection<br />
plan. Wherever possible, the same person should also chair<br />
subsequent child protection reviews in respect of a specific child.<br />
The responsibilities of the Chair include:<br />
• meeting the child <strong>and</strong> family members in advance, <strong>to</strong> ensure<br />
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that the underst<strong>and</strong> the purpose of the conference <strong>and</strong> what will<br />
happen;<br />
• deciding on the level of participation by children <strong>and</strong> families<br />
<strong>and</strong> ensuring they are briefed;<br />
• ensuring the timing of Conferences takes account of the need<br />
for key professionals <strong>to</strong> be able <strong>to</strong> attend <strong>and</strong> provide the required<br />
reports:<br />
• record agency attendance at Conferences <strong>and</strong> address any<br />
issues of quorum<br />
• setting out the purpose of the conference <strong>to</strong> all present,<br />
determining the agenda <strong>and</strong> emphasising the confidential nature of<br />
the occasion;<br />
• ensuring that the Conference focuses on the child, whose<br />
welfare is paramount <strong>and</strong> transcends the interests of parents <strong>and</strong><br />
carers where these conflict;<br />
• enabling all those present, <strong>and</strong> absent contribu<strong>to</strong>rs, <strong>to</strong> make<br />
their full contribution <strong>to</strong> discussion <strong>and</strong> decision-making;<br />
• if there is information that an agency is concerned about<br />
sharing within the Conference, they should discuss with the Chair in<br />
advance of the Conference, how best this information can be<br />
shared. It is the Chair’s decision as <strong>to</strong> whether all information<br />
should be shared with the parents <strong>and</strong> their legal representative;<br />
• it is also the chairs responsibility <strong>to</strong> consider whether any<br />
participants should be excluded from all or any part of the<br />
conference based upon any submissions made by a party <strong>to</strong> the<br />
Conference or where this is in the best interests of the child or<br />
young person;(need cross reference here<br />
• ensuring that the conference takes the decisions required of it,<br />
in an informed, systematic <strong>and</strong> explicit way; <strong>and</strong><br />
• where appropriate assist conference determine which category<br />
of abuse or neglect is relevant<br />
• if a Child Protection Plan is required clarify with conference<br />
members that by endorsing the plan, they believe it will safeguard<br />
<strong>and</strong> promote the welfare of the child;<br />
• if the child is made the subject of a child protection plan the<br />
chair will ensure that a Core Group is appointed <strong>to</strong> assume<br />
responsibility for developing <strong>and</strong> implementing the Child Protection<br />
Plan.<br />
• ensure minutes are taken with all decisions <strong>and</strong><br />
recommendations recorded;<br />
• identify <strong>and</strong> agree a circulation list for full copies of minutes,<br />
including the sharing of sensitive information;<br />
• ensure recommendations are forwarded <strong>to</strong> relevant agencies<br />
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<strong>and</strong> the family within 72 hours of the Conference.<br />
Any disagreement should be dealt with by using the relevant LSCB<br />
processes as identified in Appendix 1 attached at the end of this<br />
section “Resolving Professional Differences of View in Specific<br />
Cases”.<br />
The Independent Chair acts on behalf of the members of the LSCB<br />
when chairing Initial Conferences <strong>and</strong> Child Protection Reviews.<br />
Effective chairing is dependent upon:<br />
• full <strong>and</strong> adequate reports <strong>and</strong> information being received at<br />
least 3 days in advance of the Conference, which include<br />
chronologies of significant events;<br />
• the Chair being briefed of any potential difficulties by any<br />
agency in advance of the Conference;<br />
• both child <strong>and</strong> family participation in the Conference being<br />
discussed in advance, <strong>and</strong> necessary arrangements for their<br />
preparation made. <strong>Children</strong> <strong>and</strong> their carers should be given a<br />
copy of the LSCB information booklets on Conferences by the<br />
Social Worker who should make time <strong>to</strong> go through the<br />
information with them <strong>and</strong> who should also discuss the initial<br />
assessment report with the family prior <strong>to</strong> the Conference;<br />
• the Chair having an opportunity, through discussion with the<br />
Social Worker/ Line Manager, <strong>to</strong> ensure that key professionals<br />
are invited <strong>and</strong> able <strong>to</strong> attend.<br />
The LSCB has responsibility for ensuring that a Conference Chair has<br />
appropriate training <strong>and</strong> access <strong>to</strong> both managerial support <strong>and</strong><br />
appropriate professional guidance <strong>to</strong> carry out these duties on its<br />
behalf.<br />
9.25 Managing <strong>and</strong> Providing Information about a Child<br />
Each local authority should nominate a designated officer who has<br />
responsibility for:<br />
• ensuring that records on children who have a child protection<br />
plan, including their category of harm are kept up <strong>to</strong> date;<br />
These categories help indicate the nature of the current<br />
concerns;<br />
• being able <strong>to</strong> produce a list of all the children resident in the<br />
area who are considered <strong>to</strong> be at continuing risk of significant<br />
harm, <strong>and</strong> for whom there is a child protection plan. This will<br />
constitute the Child Protection Register until such times as it is<br />
phased out (<strong>Working</strong> Together 2006);<br />
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• managing other notifications of movements of children in<strong>to</strong> or<br />
out of the local authority area such as children who have a<br />
child protection plan <strong>and</strong> looked after children;<br />
• recording the information in a way that allows for the collation<br />
<strong>and</strong> analysis of information locally <strong>and</strong> nationally <strong>and</strong> for its<br />
use in planning the provision of services<br />
• verifying that those seeking information are legitimate<br />
enquirers<br />
• ensuring that legitimate enquirers such as Police <strong>and</strong> health<br />
professionals are able <strong>to</strong> obtain this information both in <strong>and</strong><br />
outside office hours.<br />
• ensuring enquiries about children about whom there are<br />
concerns or who have child protection plans are recorded <strong>and</strong><br />
considered by relevant staff<br />
• managing notifications of people who may pose a risk of<br />
significant harm <strong>to</strong> children who are either identified with the<br />
local authority area or have moved in<strong>to</strong> the local authority<br />
area; <strong>and</strong><br />
• managing requests for checks <strong>to</strong> be made <strong>to</strong> ensure<br />
unsuitable people are prevented from working with children.<br />
This Designated Officer should be accountable <strong>to</strong> the Direc<strong>to</strong>r of<br />
<strong>Children</strong>’s Services. The Department for Education <strong>and</strong> Skills holds<br />
lists of the names of designated officers <strong>and</strong> should be notified of<br />
any changes.<br />
9.26 Administrative Arrangements <strong>and</strong> Record Keeping<br />
Those attending should be notified of conferences as far in advance<br />
as possible, <strong>and</strong> the conference should be held at a time <strong>and</strong> place<br />
likely <strong>to</strong> be convenient <strong>to</strong> as many people as possible.<br />
All Child Protection Conferences, both initial <strong>and</strong> review should have<br />
a dedicated person <strong>to</strong> take notes <strong>and</strong> produce a record of the<br />
meeting. The record of the conference is a crucial working document<br />
for all relevant professionals <strong>and</strong> the family. It should include;<br />
• the essential facts of the case;<br />
• a summary of discussion at the conference, which accurately<br />
reflects contributions made;<br />
• all decisions reached, with information outlining the reasons for<br />
decisions; <strong>and</strong><br />
• a translation of decisions in<strong>to</strong> an outline or revised child<br />
protection plan enabling everyone <strong>to</strong> be clear about their tasks.<br />
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A copy should be sent as soon as possible after the Conference <strong>to</strong> all<br />
those who attended or were invited <strong>to</strong> attend, including family<br />
members, except for any part of the Conference from which they<br />
were excluded. This is in addition <strong>to</strong> sharing the main decisions<br />
within one working day of the conference (see 6.3 above).<br />
The record is confidential <strong>and</strong> should not be passed by professionals<br />
<strong>to</strong> third parties without the consent of either the conference chair or<br />
the key worker. However, in cases of criminal proceedings, the<br />
Police may reveal the existence of the notes <strong>to</strong> the CPS in<br />
accordance with the Criminal Procedure <strong>and</strong> Investigation Act 1996.<br />
The record of the decisions of the child protection conference should<br />
be retained by the recipient agencies <strong>and</strong> professionals in<br />
accordance with their record retention policies.<br />
NB: All Agencies <strong>and</strong> individuals involved in the Child<br />
Protection Conference process need <strong>to</strong> be aware that all<br />
records including Conference Minutes, Child Protection<br />
Plans, Core Group Minutes <strong>and</strong> file entries or any other<br />
relevant notes kept can potentially be disclosed as<br />
evidence in any criminal <strong>and</strong> or civil proceedings.<br />
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APPENDIX 1 RESOLVING PROFESSIONAL DIFFERENCES<br />
OF VIEW IN SPECIFIC CASES”.<br />
<strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong> 2006 requires LSCB’s <strong>to</strong> have in<br />
place a quick <strong>and</strong> straightforward means of resolving professional<br />
differences of opinion.<br />
Differences of view may arise in any child protection situation. Those<br />
professionals involved should first define what the differences are <strong>and</strong><br />
seek <strong>to</strong> resolve them <strong>and</strong> ensure that all parties involved have sufficient<br />
information in order <strong>to</strong> be able <strong>to</strong> resolve differences.<br />
Transparency, openness <strong>and</strong> a willingness <strong>to</strong> underst<strong>and</strong> <strong>and</strong> respect<br />
individual <strong>and</strong> agency views are core aspects of a safe multi-agency /<br />
inter-agency child protection service.<br />
Good preparation <strong>and</strong> planning by professionals who take responsibility for<br />
decision-making will ensure differences of view are kept <strong>to</strong> a minimum.<br />
General Differences of opinion<br />
Differences of view arising, for example over whether a Section 47 enquiry<br />
should take place or an Initial Child Protection Conference be convened,<br />
should be discussed by those professionals involved <strong>and</strong> advice sought<br />
from their respective managers if necessary.<br />
If the issue remains unresolved it should be referred <strong>to</strong> the LSCB for<br />
decision. Details should be placed on the child's file; <strong>to</strong> include reports<br />
from the professionals involved <strong>and</strong> a written response from the decisionmaker<br />
involved.<br />
Differences of opinion arising during Child Protection Conferences<br />
Sharing information <strong>and</strong> reports 72 hours prior <strong>to</strong> Conference will highlight<br />
potential areas of difference <strong>to</strong> the Conference Chair <strong>and</strong> the family's<br />
Social Worker should also discuss potential areas of conflict with the<br />
Conference Chair in advance<br />
Difference in view arising during Conferences should be managed by the<br />
Conference Chair. If the issue is not resolved, the Conference should be<br />
adjourned for a maximum of 72 hours <strong>and</strong> the Chair should discuss the<br />
matter with the named senior managers from each agency. In the<br />
interim period the child should be registered on the Child Protection<br />
Register or remain on it if it is a Review Conference. If there is still no<br />
resolution, the LSCB should be asked <strong>to</strong> arbitrate.<br />
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The areas of disagreement should be recorded on the Conference minutes<br />
along with the final decision <strong>and</strong> must include evidence of all attempts <strong>to</strong><br />
agree the matter prior <strong>to</strong> Conference adjournment.<br />
If there is disagreement between the family <strong>and</strong> agencies, the<br />
family should have clear information about, <strong>and</strong> access <strong>to</strong>, the<br />
complaints system <strong>and</strong> an Appeal <strong>to</strong> the LSCB – Pro<strong>to</strong>col 15 in<br />
Section in Section 5 “Dealing with Complaints”<br />
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APPENDIX 1<br />
RESOLVING PROFESSIONAL DIFFERENCES OF VIEW IN<br />
SPECIFIC CASES”.<br />
<strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong> 2006 requires LSCB’s <strong>to</strong> have in<br />
place a quick <strong>and</strong> straightforward means of resolving professional<br />
differences of opinion.<br />
Differences of view may arise in any child protection situation. Those<br />
professionals involved should first define what the differences are <strong>and</strong><br />
seek <strong>to</strong> resolve them <strong>and</strong> ensure that all parties involved have sufficient<br />
information in order <strong>to</strong> be able <strong>to</strong> resolve differences.<br />
Transparency, openness <strong>and</strong> a willingness <strong>to</strong> underst<strong>and</strong> <strong>and</strong> respect<br />
individual <strong>and</strong> agency views are core aspects of a safe multi-agency /<br />
inter-agency child protection service.<br />
Good preparation <strong>and</strong> planning by professionals who take responsibility for<br />
decision-making will ensure differences of view are kept <strong>to</strong> a minimum.<br />
General differences of opinion<br />
Differences of view arising, for example over whether a Section 47 enquiry<br />
should take place or an Initial Child Protection Conference be convened,<br />
should be discussed by those professionals involved <strong>and</strong> advice sought<br />
from their respective managers if necessary.<br />
If the issue remains unresolved it should be referred <strong>to</strong> the LSCB for<br />
decision. Details should be placed on the child's file; <strong>to</strong> include reports<br />
from the professionals involved <strong>and</strong> a written response from the decisionmaker<br />
involved.<br />
Differences of opinion arising during Child Protection Conferences<br />
Sharing information <strong>and</strong> reports 72 hours prior <strong>to</strong> Conference will highlight<br />
potential areas of difference <strong>to</strong> the Conference Chair <strong>and</strong> the family's<br />
Social Worker should also discuss potential areas of conflict with the<br />
Conference Chair in advance.<br />
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Difference in view arising during Conferences should be managed by the<br />
Conference Chair. If the issue is not resolved, the Conference should be<br />
adjourned for a maximum of 72 hours <strong>and</strong> the Chair should discuss the<br />
matter with the named senior managers from each agency. In the<br />
interim period the child should be registered on the Child Protection<br />
Register or remain on it if it is a Review Conference. If there is still no<br />
resolution, the LSCB should be asked <strong>to</strong> arbitrate.<br />
The areas of disagreement should be recorded on the Conference minutes<br />
along with the final decision <strong>and</strong> must include evidence of all attempts <strong>to</strong><br />
agree the matter prior <strong>to</strong> Conference adjournment.<br />
If there is disagreement between the family <strong>and</strong> agencies, the<br />
family should have clear information about, <strong>and</strong> access <strong>to</strong>, the<br />
complaints system <strong>and</strong> Appeal <strong>to</strong> the LSCB – see Pro<strong>to</strong>col 15 in<br />
Section 5 “Dealing With Complaints”.<br />
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APPENDIX 2 - Confirmation Of Verbal Referral<br />
SCT22referralform.d<br />
oc<br />
APPENDIX 3 – Template: Minutes Of Strategy Meeting<br />
Decisions of Strategy<br />
meeting<br />
APPENDIX 4 – Template: GP’s Report For Child Protection<br />
Conference (GP Form)<br />
GP Report for<br />
Conference.doc<br />
APPENDIX 5 - Template: Report For Child Protection<br />
Conference (Form 1)<br />
FRONTSHEET FORM<br />
1.doc<br />
/cle Section 3 - appendices<br />
form<br />
1-cp-con-initial.doc<br />
APPENDIX 6 – Template: Report for Review Conference<br />
(Form 6)<br />
form 6-cp<br />
review-con.doc<br />
APPENDIX 7 – Template: Child <strong>Young</strong> Person’s Plan<br />
(Form 3)<br />
form 3-cp plan.doc<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD - PROCEDURES AND GUIDANCE Page 140 of 461
4. INDIVIDUAL AGENCY PROCEDURES<br />
LOCAL AUTHORITY SERVICES:<br />
4.1 <strong>Children</strong>’s Social Care<br />
4.2 <strong>Children</strong>’s Learning Services<br />
4.3 Other LA Services:<br />
Housing Authorities, Registered Social L<strong>and</strong>lords<br />
Sports Culture <strong>and</strong> Leisure Services<br />
Licensing Authorities<br />
Early Years <strong>and</strong> Childcare Providers<br />
NON-LOCAL AUTHORITY SERVICES:<br />
4.4 Youth Offending Team<br />
4.5 Health Services<br />
4.6 Humberside Police<br />
4.7 National Probation Service Humberside<br />
4.8 Connexions<br />
4.9 CAFCASS<br />
4.10 Voluntary <strong>and</strong> Community Sec<strong>to</strong>r<br />
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4.1 CHILDREN’S SOCIAL CARE<br />
APPLIES TO ALL CHILDREN SOCIAL CARE SERVICES INCLUDING<br />
THE CHILDREN’S TRUST<br />
ROLES AND RESPONSIBILITIES<br />
All organisations that work with children <strong>and</strong> young people share a<br />
commitment <strong>to</strong> safeguard <strong>and</strong> promote their welfare. For many<br />
organisations this is underpinned by a statu<strong>to</strong>ry duty or duties.<br />
For <strong>Children</strong>’s Social Care that duty is set out under Section 11 of the<br />
<strong>Children</strong> Act 2004 which came in<strong>to</strong> force on Oc<strong>to</strong>ber 1 st 2005. That duty is<br />
<strong>to</strong> ensure that all <strong>Children</strong> Social Care functions <strong>and</strong> services are<br />
discharged with regard <strong>to</strong> the need <strong>to</strong> safeguard <strong>and</strong> promote the welfare<br />
of children.<br />
Further guidance on what this means is contained within Section 1<br />
“Introduction” <strong>to</strong> these Procedures <strong>and</strong> Guidance <strong>and</strong> at<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>-practice/IG00042/<br />
VERY IMPORTANT NOTE<br />
This section of the Procedures must be read in conjunction with<br />
Section 2 “Context in Which Action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong> Promote <strong>Children</strong>’s<br />
Welfare is Taken” <strong>and</strong> Section 3 Managing Individual Cases,” <strong>to</strong>gether<br />
with their associated guidance or pro<strong>to</strong>cols. They provide<br />
universal detailed guidance for all agencies <strong>and</strong> organisations<br />
whilst this Section provides additional specific information in<br />
respect of <strong>Children</strong>’s Social Care duties <strong>and</strong> responsibilities. You<br />
should pay particular attention <strong>to</strong> Section 3.3 “The Processes for<br />
<strong>Safe</strong>guarding <strong>and</strong> promoting the Welfare of <strong>Children</strong>”.<br />
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Using the Procedures<br />
These <strong>procedure</strong>s apply <strong>to</strong> all children <strong>and</strong> young people who are aged 17<br />
years <strong>and</strong> under <strong>and</strong> <strong>to</strong> alleged perpetra<strong>to</strong>rs including all <strong>Children</strong>’s Social<br />
Care staff <strong>and</strong> foster carers.<br />
They are <strong>to</strong> be applied <strong>to</strong> Residential <strong>and</strong> Foster Care settings.<br />
These sec<strong>to</strong>rs are also asked <strong>to</strong> pay specific attention <strong>to</strong> the relevant<br />
guidance within Sections 2 <strong>and</strong> 5 in respect of those especially vulnerable<br />
including looked After <strong>Children</strong> <strong>and</strong> those with a Disability or Learning<br />
Difficulty.<br />
Managers <strong>and</strong> supervisors must ensure that all staff have sufficient<br />
knowledge of child protection <strong>procedure</strong>s, in particular <strong>Children</strong>’s Social<br />
Care <strong>procedure</strong>s, <strong>to</strong> enable them <strong>to</strong> carry out the duties of their post.<br />
4.1.1. Background<br />
The <strong>Children</strong> Act 2004, Part 2 clearly sets out the role of<br />
<strong>Children</strong>'s Social Care as being the lead agency in promoting<br />
cooperation between agencies who work with children.<br />
(see http://www.opsi.gov.uk/acts/acts2004/40031--c.htm)<br />
The following aspects must be considered with a view <strong>to</strong><br />
improving" a child's life:<br />
a) physical <strong>and</strong> mental health <strong>and</strong> emotional well-being;<br />
b) protection from harm <strong>and</strong> neglect;<br />
c) education, training <strong>and</strong> recreation;<br />
d) the contribution made by them <strong>to</strong> society;<br />
e) social <strong>and</strong> economic well-being.<br />
The Act also states, the relevant partners of a children's<br />
services authority in Engl<strong>and</strong> must co-operate with the authority<br />
in the making of arrangements under this section.<br />
<strong>Children</strong>'s Social Care therefore act as the principal point of<br />
contact for children about whom there are child welfare<br />
concerns because of their responsibilities, duties <strong>and</strong> powers in<br />
relation <strong>to</strong> vulnerable children. They may be contacted directly<br />
by parents or family members seeking help, concerned friends<br />
<strong>and</strong> neighbours or by professionals <strong>and</strong> others from statu<strong>to</strong>ry<br />
<strong>and</strong> voluntary agencies.<br />
<strong>Children</strong>'s Social Care's responsibility is <strong>to</strong> ensure that children<br />
are protected from significant harm should be seen in the<br />
context of the broad range of safeguarding processes <strong>and</strong> social<br />
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welfare, so that children <strong>and</strong> families can be helped <strong>and</strong><br />
supported in an integrated way which recognises the range<br />
<strong>and</strong> diversity of their needs <strong>and</strong> strengths.<br />
A child who is at risk of significant harm is a child in need, <strong>and</strong><br />
<strong>Children</strong>'s Social Care are responsible for co-ordinating an<br />
assessment of the child's needs, the parents' capacity <strong>to</strong> <strong>keep</strong><br />
the child safe <strong>and</strong> promote her/his welfare, <strong>and</strong> the wider<br />
family circumstances. I n the majority of cases children are<br />
safeguarded from harm by working with parents, family<br />
members <strong>and</strong> other significant adults within the family setting.<br />
Where a child is at continuing risk of significant harm,<br />
<strong>Children</strong>'s Social Care are responsible for co-ordinating an<br />
inter-agency Child Protection Plan <strong>to</strong> safeguard the child,<br />
which sets out <strong>and</strong> draws upon the contributions of family<br />
members, professionals <strong>and</strong> other agencies. I n a few cases,<br />
where a child's welfare cannot be sufficiently safeguarded at<br />
home, <strong>Children</strong>'s Social Care may apply <strong>to</strong> the Court for a<br />
Care Order (if the necessary statu<strong>to</strong>ry criteria are met)<br />
committing the child <strong>to</strong> the care of the Local Authority.<br />
4.1.2. General Principles<br />
The following principles should inform the practice of <strong>Children</strong>'s<br />
Social Care staff in their work with children <strong>and</strong> their families:<br />
• The safety <strong>and</strong> welfare of the child as the paramount<br />
consideration<br />
• <strong>Working</strong> in partnership with the child <strong>and</strong> family<br />
• The rights of child <strong>and</strong> family <strong>to</strong> be involved in, <strong>and</strong><br />
consulted about decisions which affect their lives. The<br />
<strong>Children</strong> Act 2004, Section53 stresses the need <strong>to</strong><br />
ascertain the wishes <strong>and</strong> feelings of a child <strong>and</strong> give due<br />
consideration <strong>to</strong> his views. (See<br />
http://www.opsi.gov.uk/acts/acts2004/40031--f.htm#53)<br />
• The assessment of a child ' s needs in cases where there<br />
are child protection concerns should include an<br />
assessment of the wider family circumstances <strong>and</strong> in<br />
particular those services provided under Part 3 of the<br />
<strong>Children</strong> Act 1989, which may support the child <strong>and</strong> carers<br />
• Any intervention in<strong>to</strong> family life should be as least<br />
intrusive as possible<br />
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• Removal of the child from the family, (including the<br />
extended family), should only be considered if necessary<br />
for the protection <strong>and</strong> welfare of the child<br />
4.1.3. Integrated <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong>’s Services<br />
Improving outcomes for children <strong>and</strong> young people involves<br />
changes <strong>to</strong> culture <strong>and</strong> practice across the children’s<br />
workforce. These new ways of working shift the focus from<br />
dealing with the consequences of difficulties in children <strong>and</strong><br />
young people’s lives <strong>to</strong> early intervention <strong>and</strong> effective<br />
prevention.<br />
Integrated working focuses on enabling <strong>and</strong> encouraging<br />
professionals <strong>to</strong> work <strong>to</strong>gether <strong>and</strong> adopt common practices <strong>to</strong><br />
deliver frontline services, coordinated <strong>and</strong> built around the<br />
needs of children <strong>and</strong> young people.<br />
Across the East Riding of Yorkshire, the integration of<br />
children’s services will bring <strong>to</strong>gether representatives from<br />
children’s social care, family support, the youth service, health<br />
visi<strong>to</strong>rs/school nurses, Connexions, children’s centre’s,<br />
education welfare <strong>and</strong> inclusion <strong>and</strong> appropriate voluntary<br />
organisations <strong>to</strong> create Virtual Integrated Management<br />
teams(VIMTS) <strong>and</strong> Child at the Centre Hub (CATCH) Teams.<br />
The new arrangements will build on the work of the Pathfinder<br />
<strong>Children</strong>’s Trust <strong>and</strong> the <strong>Children</strong> <strong>and</strong> <strong>Young</strong> people’s<br />
Coordination Groups.<br />
A VIMT <strong>and</strong> CATCH team will be established in each of the<br />
following localities:<br />
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• Holderness<br />
• Wolds <strong>and</strong> Dale<br />
• Haltemprice<br />
• Goole, Snaith <strong>and</strong> Howden<br />
• Bridling<strong>to</strong>n <strong>and</strong> Driffield<br />
• Beverley<br />
The VIMT brings <strong>to</strong>gether operational managers from the<br />
various services with an overall purpose <strong>to</strong> promote joint<br />
working, identify need, agree priorities <strong>and</strong> moni<strong>to</strong>r progress.<br />
They have a key role in local implementation of the Common<br />
Assessment Framework (CAF), Information Sharing (IS) Index<br />
<strong>and</strong> the Lead Professional role. These all make important<br />
contributions in respect of the duty <strong>to</strong> safeguard <strong>and</strong> promote<br />
the welfare of children.<br />
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The CATCH Team brings <strong>to</strong>gether practitioners from all the<br />
key local services, enabling them <strong>to</strong> be informed of progress<br />
regarding integration, <strong>to</strong> identify <strong>and</strong> share good practice <strong>and</strong><br />
develop a further underst<strong>and</strong>ing of roles. They will also<br />
support the local implementation of the Common Assessment<br />
Framework (CAF), Information Sharing (IS) Index <strong>and</strong> the<br />
Lead Professional role.<br />
The local <strong>Children</strong>’s Social Care Teams retain lead<br />
responsibility for ensuring that children are protected from<br />
significant harm whilst the VIMT <strong>and</strong> CATCH teams should be<br />
seen as an integral part of the broad range of safeguarding<br />
processes <strong>and</strong> social welfare, so that children <strong>and</strong> families can<br />
be helped <strong>and</strong> supported in an integrated way which<br />
recognises the range <strong>and</strong> diversity of their needs <strong>and</strong><br />
strengths.<br />
For further information on East Riding Integrated <strong>Children</strong> <strong>and</strong><br />
<strong>Young</strong> <strong>People</strong>’s Services please refer <strong>to</strong> the following<br />
documents<br />
• H<strong>and</strong>book for Practitioners <strong>and</strong> Managers<br />
• Glossary of Terms<br />
4.1.4. Thresholds for Intervention<br />
“Clear thresholds <strong>and</strong> processes, <strong>and</strong> a common<br />
underst<strong>and</strong>ing of them across local partners, may help <strong>to</strong><br />
reduce the number of inappropriate referrals <strong>and</strong> <strong>to</strong> improve<br />
the effectiveness of joint work, leading <strong>to</strong> the more effective<br />
use of resources” (<strong>Working</strong> Together 2006 Chapter 3<br />
paragraph 3.21).<br />
Research indicates that there is significant inconsistency<br />
amongst different professional groups, <strong>and</strong> even within<br />
professional groups, regarding what constitutes a “concern”<br />
about a child’s welfare, <strong>and</strong> more crucially, what action should<br />
be taken, particularly by children’s social care, in response <strong>to</strong><br />
the concern. A range of fac<strong>to</strong>rs, including those personal <strong>to</strong><br />
the adult concerned, will influence how the circumstances of a<br />
child are perceived <strong>and</strong> interpreted by the adults around them.<br />
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4.1.5. The relationship between Vulnerable <strong>Children</strong>, <strong>Children</strong><br />
in Need <strong>and</strong> <strong>Children</strong> at Risk of Significant Harm<br />
The welfare of many children <strong>and</strong> young people, living in a<br />
wide range of circumstances, may at some point during their<br />
childhood cause concern <strong>to</strong> an adult or adults around them. In<br />
the majority of cases the concerns are likely <strong>to</strong> be short lived,<br />
being related <strong>to</strong> a specific event or temporary circumstance,<br />
<strong>and</strong> will require minimal intervention from adults outside of<br />
the child’s immediate or wider family.<br />
However a minority of children <strong>and</strong> young people may be<br />
regarded as vulnerable because they are growing up in<br />
adverse environmental or family circumstances <strong>and</strong> are<br />
consequently experiencing greater than average levels of<br />
stress. Vulnerable children may benefit from extra help from<br />
universal services in order <strong>to</strong> improve their wellbeing <strong>and</strong><br />
reach their full potential.<br />
Within the wider group of vulnerable children there is a<br />
smaller sub group of children who will fall within the statu<strong>to</strong>ry<br />
definition of a child in need, <strong>and</strong> who may benefit from the<br />
provision of targeted, more specialist services from children’s<br />
social care, in addition <strong>to</strong> extra help from universal services.<br />
This group will also include those children defined as being<br />
disabled by the <strong>Children</strong> Act 1989.<br />
Within the group of children who are defined as being in need<br />
under the <strong>Children</strong> Act 1989, there is a further small sub<br />
group of children who are suffering significant harm, or<br />
likely <strong>to</strong> suffer significant harm. <strong>Children</strong>’s Social Care<br />
have a duty <strong>to</strong> intervene <strong>to</strong> ensure the protection of these<br />
children, as well as consider whether they may benefit from<br />
targeted services.<br />
The boundaries between these different groups of children (or<br />
levels of need) are not rigid or fixed. <strong>Children</strong> may fall in <strong>and</strong><br />
out of the different categories briefly, or for longer periods at<br />
different stages in their lives.<br />
There is a duty on LSCB’s <strong>to</strong> work with the local <strong>Children</strong>’s<br />
Trust <strong>to</strong> establish local thresholds <strong>and</strong> upon all individuals in<br />
contact with, or directly working with, children <strong>and</strong> young<br />
people <strong>and</strong> their parents or carers <strong>to</strong> ensure they are aware<br />
of, <strong>and</strong> take action within the local criteria. Training, briefings<br />
<strong>and</strong> an ongoing dialogue play an important part in developing<br />
a shared underst<strong>and</strong>ing which is essential for effective joint<br />
working <strong>and</strong> intervention.<br />
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4.1.6. The Common Assessment Framework (CAF)<br />
The Common Assessment Framework (CAF) is being rolled out<br />
across the East Riding <strong>and</strong> provides a common process for an<br />
early holistic approach <strong>to</strong> identify more accurately <strong>and</strong> speedily<br />
a child/young person's additional needs. I t will be used by all<br />
those working with children, young people <strong>and</strong> families <strong>and</strong> will<br />
enable them <strong>to</strong>:<br />
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• develop a common language<br />
• develop a common underst<strong>and</strong>ing of thresholds of<br />
need <strong>and</strong> interventions, share information<br />
appropriately <strong>and</strong> effectively<br />
• identify who (agency/organisation/professional <strong>and</strong><br />
family member) is best placed <strong>to</strong> respond <strong>to</strong> any<br />
identified additional need<br />
• improve the quality of referrals between agencies<br />
• prevent duplication for children/families <strong>and</strong><br />
professionals where further assessment is required<br />
Where a child or young person has additional needs; a lead<br />
professional/worker will be identified who will<br />
• provide a key point of contact for the child, family<br />
<strong>and</strong> those working <strong>to</strong> support them<br />
• ensure a co-ordinated response <strong>to</strong> meet identified<br />
needs<br />
• plan, moni<strong>to</strong>r <strong>and</strong> review the support <strong>and</strong> services<br />
offered<br />
I f at any time, during the CAF process, concerns arise that a<br />
child/young person is at risk of significant harm, a referral will<br />
need <strong>to</strong> be made <strong>to</strong> <strong>Children</strong>'s Social Care.<br />
The interface process between the CAF <strong>and</strong> <strong>Children</strong>’s Social<br />
care has been developed <strong>to</strong> ensure that children <strong>and</strong> young<br />
people do not "slip through the net" <strong>and</strong> receive appropriately<br />
the services <strong>and</strong> support they require. I t is designed <strong>to</strong> ensure<br />
those working within <strong>Children</strong>'s Social Care <strong>and</strong> professionals<br />
from other agencies have meaningful discussions, share<br />
information effectively <strong>and</strong> appropriately <strong>and</strong> determine who is<br />
responsible for,<br />
• The lead agency,<br />
• The lead worker, <strong>and</strong><br />
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• Arranging a Child with Additional Needs Meeting<br />
(CWANM) where appropriate.<br />
When consultation between <strong>Children</strong>'s Social Care <strong>and</strong> other<br />
professionals takes place it will be recorded by the professional<br />
being consulted (in most cases this will be <strong>Children</strong>'s Social<br />
Care.) A copy of the consultation record will be sent <strong>to</strong> the<br />
professional who sought the advice. Where actions <strong>to</strong> be taken<br />
or decisions cannot be agreed, both parties should seek advice<br />
from their respective managers, <strong>and</strong>/or their named professional<br />
for Child Protection. Where this relates <strong>to</strong> CAF, the CAF team will<br />
also be available for consultation.<br />
4.1.7. Initial Assessment<br />
<strong>Children</strong>, <strong>and</strong> their families, referred <strong>to</strong> the <strong>Children</strong>'s Social<br />
Care will receive a range of services commensurate with the<br />
need <strong>and</strong> urgency. When a referral indicates that <strong>Children</strong>'s<br />
Social Care should be the lead agency (for example where a<br />
child has complex needs or may be in a situation where a Child<br />
Protection Plan may be necessary), an Initial Assessment, as<br />
set out in the Assessment Framework, will be conducted.<br />
The timescales allow <strong>Children</strong>'s Social Care 24 hours following<br />
a referral <strong>to</strong> make a decision <strong>to</strong> conduct an Initial Assessment,<br />
<strong>and</strong> seven working days <strong>to</strong> complete it. Where the Initial<br />
Assessment substantiates concerns that a child is suffering, or<br />
likely <strong>to</strong> suffer, significant harm, Section 47 of the<br />
<strong>Children</strong> Act 1989 requires <strong>Children</strong>'s Social Care, in<br />
consultation with the Police, <strong>to</strong> make enquiries <strong>to</strong> enable it <strong>to</strong><br />
determine whether it should take any action <strong>to</strong> safeguard <strong>and</strong><br />
promote the child's welfare. (see <strong>Children</strong> Act 1989 Section 47)<br />
Whenever there is reasonable cause <strong>to</strong> suspect that a child is<br />
suffering or likely <strong>to</strong> suffer significant harm, "<strong>Working</strong> Together<br />
<strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong>" requires that there should be a Strategy<br />
Discussion/Meeting involving <strong>Children</strong>’s Social Care, Police <strong>and</strong><br />
other agencies as appropriate <strong>to</strong> determine how enquiries under<br />
Section 47 should be h<strong>and</strong>led. Significant harm gives rise <strong>to</strong><br />
both child welfare concerns <strong>and</strong> law enforcement concerns, <strong>and</strong><br />
Section 47 enquiries may run concurrently with Police<br />
investigations concerning possible associated crimes.<br />
http://www.opsi.gov.uk/acts/acts1989/Ukpga 19890041<br />
en_6.htm#mdiv 47)<br />
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4.1.8. Child Protection Enquiries, Core Assessments <strong>and</strong> Child<br />
Protection Enquiries<br />
A Core Assessment as set out in the Assessment Framework,<br />
is an in-depth assessment of the needs of a child <strong>and</strong> the<br />
capacity of his/her carers <strong>to</strong> respond appropriately <strong>to</strong> those<br />
needs within the wider family <strong>and</strong> community context. All<br />
children or young people who are the subject of a<br />
Section 47 investigation must have a Core Assessment.<br />
The 'Framework for the Assessment of <strong>Children</strong> in need <strong>and</strong><br />
Their Families' requires that the Core Assessment will be<br />
completed within 35 working days. The commencement date<br />
should be the date at which the decision was made <strong>to</strong> proceed<br />
with a Section 47 investigation.<br />
Whilst the timing of the Conference will, <strong>to</strong> some extent,<br />
depend upon the urgency of the case, "<strong>Working</strong> Together <strong>to</strong><br />
<strong>Safe</strong>guard <strong>Children</strong>" requires that the Conference should<br />
take place within a maximum of 15 working days of the<br />
Strategy Discussion/Meeting. The Child Protection Conference<br />
will be informed by the information gathered as part of the<br />
Core Assessment, which will be well under way by this time.<br />
4.3.1. Making Referrals about Child Protection concerns<br />
See also Section 3.3 - "The Processes for <strong>Safe</strong>guarding<br />
<strong>and</strong> Promoting the Welfare of <strong>Children</strong>' under the<br />
heading 2: "Referrals <strong>to</strong> Local Authority <strong>Children</strong>'s Social<br />
Care”<br />
<strong>People</strong> may make referrals by telephoning the Call Centre or<br />
by visiting the Cus<strong>to</strong>mer Service Centre for the area in which<br />
the child lives. The Call Centre number is (01482) 393939.<br />
Out of hours referrals should be made <strong>to</strong> the Emergency Duty<br />
Team on (01482) 880826.<br />
Cus<strong>to</strong>mer Service Centre staff should complete enter the<br />
enquiry on <strong>to</strong> the Electronic Social Care System database<br />
(SWIFT) <strong>and</strong> then forward immediately <strong>to</strong> the appropriate<br />
Team Manager / Decision Maker for the area in which the child<br />
lives. If the referral comes directly <strong>to</strong> the Duty Worker the<br />
same process is <strong>to</strong> be followed.<br />
All referrals must be entered on the relevant Team Climbie<br />
Log<br />
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Cus<strong>to</strong>mer Service Centre <strong>and</strong> Local team Details are in<br />
Section 6: “Contacts”.<br />
Professionals making verbal referrals should be asked <strong>to</strong> follow<br />
up with written confirmation within 48 hours. However, the<br />
referral should be acted on at once <strong>and</strong> not delayed pending<br />
written confirmation. A decision will be made on the next<br />
course of action following necessary discussions <strong>and</strong><br />
information gathering in line with Section 3.3 “The<br />
Processes for <strong>Safe</strong>guarding <strong>and</strong> Promoting the Welfare<br />
of <strong>Children</strong>”<br />
4.1.9. Receiving a Referral about a Child in Need Where There<br />
May Be Child Protection Concerns<br />
Referrals will include both children <strong>and</strong> families not previously<br />
known <strong>to</strong> the <strong>Children</strong>’s Social Care Department, as well as<br />
those who have received a service in the past. Sometimes<br />
concerns will arise within the <strong>Children</strong>’s Social Care<br />
Department itself as new information comes <strong>to</strong> light about a<br />
child <strong>and</strong> family when the service is already in contact. Where<br />
the information is significant, it should be treated as a new<br />
referral by <strong>Children</strong>’s Social Care <strong>and</strong> an Initial Assessment<br />
commenced.<br />
When a parent, professional or another person contacts<br />
<strong>Children</strong>’s Social Care with concerns about a child's welfare, it<br />
is the responsibility of <strong>Children</strong>’s Social Care <strong>to</strong> clarify with the<br />
referrer the nature of the concerns, how <strong>and</strong> why they have<br />
arisen <strong>and</strong> what appear <strong>to</strong> be the needs of the child <strong>and</strong><br />
family. This process should always identify whether there are<br />
concerns about abuse or neglect, what their foundation is, <strong>and</strong><br />
whether the child needs urgent action <strong>to</strong> make them safe from<br />
harm.<br />
The person taking the referral should clarify with other<br />
professionals making referrals whether they have discussed<br />
their concerns with the family <strong>and</strong> sought their agreement <strong>to</strong><br />
making the referral.<br />
4.1.10. Referrals from Members of the Public<br />
Staff receiving the referral should give assurance that any<br />
information provided by a member of the public will be treated<br />
in confidence <strong>and</strong> used only <strong>to</strong> protect the interests of the<br />
child. If the referrer requests anonymity, this should be<br />
respected wherever possible. However, the nature of the<br />
referral may sometimes enable the family concerned <strong>to</strong><br />
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identify the referrer. Staff should make the referrer aware of<br />
this.<br />
4.1.11. <strong>People</strong> Who Pose a Risk <strong>to</strong> <strong>Children</strong><br />
Where it becomes known that an adult with a conviction for an<br />
offence against a child or young person, (or are known <strong>to</strong><br />
otherwise pose a risk <strong>to</strong> children) is living or proposing <strong>to</strong> live<br />
in a household with a child, this will become grounds for<br />
enquiries <strong>to</strong> be made under Section 47 (<strong>Children</strong> Act 1989).<br />
Where there is reasonable suspicion that a member of or a<br />
regular visi<strong>to</strong>r <strong>to</strong> a household with children may pose a risk <strong>to</strong><br />
children, a check must be made against Police Records <strong>to</strong><br />
explore the suspicion.<br />
Please refer <strong>to</strong> Section 5 Pro<strong>to</strong>col 16 “Managing<br />
Individuals Who Pose a Risk of Harm <strong>to</strong> <strong>Children</strong>”<br />
4.1.12. Referrals Involving Allegations of Harm in a Day Care<br />
Setting<br />
Childminding takes place in the home of the person who is<br />
registered <strong>to</strong> perform this function; He or she may have<br />
assistants (who are not officially defined as employees).<br />
Day Care for children takes place away from the domestic<br />
environment, e.g. nurseries, after school clubs &c. Ofsted does<br />
not vet members of staff other than the person in charge: this<br />
responsibility now lies with the provider.<br />
A representative from Ofsted should be invited <strong>to</strong> all strategy<br />
meetings concerning the registered persons in charge<br />
(Managers) of Day Care or any Childminders. Ofsted needs <strong>to</strong><br />
be made aware of strategy meetings relating <strong>to</strong> staff <strong>and</strong><br />
helpers: they would not routinely attend unless the situation<br />
was unusual or complex.<br />
The regional address for Ofsted is 3rd Floor, Royal Exchange<br />
Buildings, St Ann's Square, Manchester, M2 7LA,<br />
northcie@ofsted.gov.uk, phone 08456 404040<br />
Ofsted similarly has a duty <strong>to</strong> inform <strong>Children</strong>'s Social Care of<br />
any concerns it may become aware of. Ofsted will need <strong>to</strong> be<br />
<strong>to</strong>ld the outcome of decision making by LSCB agencies, even if<br />
it is decided not <strong>to</strong> carry out an investigation. When an<br />
investigation does take place <strong>Children</strong>'s Social Care will provide<br />
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a written statement <strong>to</strong> Ofsted which includes:<br />
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• the nature of the concern<br />
• a written assessment of risk<br />
• an outline of the conclusions of the investigation<br />
• a clear statement of the assessed risk <strong>to</strong> children<br />
with particular reference <strong>to</strong> any failure on behalf of<br />
the registered person that Ofsted might need <strong>to</strong><br />
pursue<br />
• confirmation that the provider has been informed in<br />
writing of the outcome of the investigation<br />
• a recommendation, if relevant, on the need for the<br />
registered person, or Ofsted, <strong>to</strong> provide information<br />
<strong>to</strong> the Protection of <strong>Children</strong> Act (PoCA) list or <strong>to</strong><br />
any other body, about any person who is found<br />
unsuitable <strong>to</strong> work with children.<br />
4.1.13. Referrals Involving Other Local Authorities<br />
Occasionally a child protection referral may be received<br />
about a child who is 'looked after' or is the subject of a<br />
Child Protection Plan produced by another Local Authority,<br />
but resident in this Authority.<br />
<strong>Working</strong> Together 2006, (5.52) clearly states:<br />
The local authority in whose area a child is found, in<br />
circumstances that require emergency action, is responsible<br />
for taking that action. I f the child is looked after by, or the<br />
subject of a child protection plan in another authority, the<br />
first authority should consult the authority responsible for the<br />
child. Moreover only when the second local authority explicitly<br />
accepts responsibility is the first authority relieved of the<br />
responsibility <strong>to</strong> take emergency action. Such acceptance<br />
should be subsequently confirmed in writing."<br />
Indeed, this LSCB states that as a general principle East<br />
Riding <strong>Children</strong>'s Social Care should always look <strong>to</strong> taking<br />
responsibility for coordinating all strategy meetings<br />
concerning children who are resident or are "found" in the<br />
East Riding.<br />
I n these circumstances the relevant Team Manager will<br />
make contact with the other Local Authority concerned <strong>to</strong><br />
confirm the arrangements for the Initial Assessment <strong>and</strong><br />
any subsequent enquiry under Section 47.<br />
Only when the other Authority accepts responsibility for the<br />
referral is this Local Authority absolved from the<br />
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esponsibility <strong>to</strong> act. The other Authority should provide<br />
written confirmation, as soon as possible, which will be filed<br />
with the original referral details.<br />
The conduct of any criminal investigation will be agreed<br />
between Humberside Police <strong>and</strong> the other Police Force<br />
involved. However, the matter should be referred <strong>to</strong><br />
Humberside Police in the first instance.<br />
4.1.14. Initial Enquiries Assessment<br />
An Initial Assessment should be carried out in relation <strong>to</strong><br />
referrals utilising the ' Framework for Assessment of<br />
<strong>Children</strong> in Need':<br />
On receipt of a referral where there are clear child<br />
protection concerns <strong>and</strong> following initial consultation with<br />
the Team Manager or Senior Social Worker, the allocated<br />
Social Worker should make the following enquiries in<br />
relation <strong>to</strong> the child(ren) referred as part of the Initial<br />
Assessment.(Section 17 enquiries)<br />
Wherever possible, unless it is not in the child ' s best interests<br />
<strong>to</strong> do so, permission will have been sought from the family <strong>to</strong><br />
gather relevant information from:<br />
The Child Protection Plan List Manager as <strong>to</strong> whether the<br />
child's name is already on the Child Protection Plan List<br />
<strong>and</strong>/or whether previous enquiries have been made <strong>to</strong><br />
the List.<br />
SWIFT database as <strong>to</strong> whether the child <strong>and</strong>/or other<br />
members of the family are known <strong>to</strong> <strong>Children</strong>'s Social<br />
Care.<br />
The child's school, nursery or other day care<br />
establishment.<br />
The child's family doc<strong>to</strong>r <strong>and</strong>/or Health Visi<strong>to</strong>r.<br />
The Police Family Protection Team <strong>to</strong> determine whether<br />
the adult members of the family have any relevant<br />
convictions, or if the referral indicates behaviour/actions<br />
which may be known <strong>to</strong> the Police e.g. evidence of<br />
substance misuse, domestic violence incidents.<br />
The Probation Service <strong>to</strong> determine whether the adult<br />
members of the family are known <strong>to</strong> that agency.<br />
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Any other relevant agency or professional depending<br />
upon the nature of the referral<br />
4.1.15. Following Completion of Enquiries:<br />
The Social Worker should then consult with the Senior<br />
Social Worker / Team Manager concerning the outcome<br />
of the Initial Assessment, in particular whether child<br />
protection concerns are substantiated, <strong>and</strong> there are<br />
grounds for initiating enquiries under Section 47<br />
(<strong>Children</strong> Act 1989).<br />
The child <strong>and</strong> parent should be contacted <strong>to</strong> inform them<br />
of the outcome of the enquiry unless it is not in the<br />
child’s interests <strong>to</strong> do so.<br />
4.1.16. Consultation with the Police<br />
See also Section 3 - "Management of Individual Cases"<br />
<strong>and</strong> the Appendix “Guidance Notes on the Completion of Police<br />
Form 547” at the end of these <strong>Children</strong>’s Social Care<br />
Procedures<br />
Designated Co-Decision Makers<br />
The designated Co- Decision Makers are<br />
<strong>Children</strong>’s Social Care – the relevant Team Manager or<br />
Senior Social Worker / Senior Practitioner<br />
Police – The Family Protection Unit Detective Inspec<strong>to</strong>r or<br />
Sergeant or responsible senior Divisional Officer<br />
Consultation<br />
Police Form 547 will be used for recording information sharing<br />
<strong>and</strong> consultation between <strong>Children</strong>’s Social Care <strong>and</strong> Police in<br />
relation <strong>to</strong> a referral about a child in need whether or not<br />
there are child protection concerns.<br />
Where there are child protection concerns the co decisionmakers<br />
will consult <strong>to</strong> share information <strong>and</strong> make a joint<br />
decision concerning further action in accordance with Section<br />
3 “Management of Individual Cases” under the heading<br />
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4.1.17. Outcomes<br />
3.2: “Making a Referral". Such decisions will be recorded<br />
on Police Form 547.<br />
In the event of any disagreement between the co-decision<br />
makers concerning the response <strong>to</strong> a referral, the matter<br />
should be referred immediately <strong>to</strong> the appropriate <strong>Children</strong>’s<br />
Social Care Performance Manager <strong>and</strong> Police Superintendent<br />
(Operations) who will be responsible for resolving the<br />
difficulty.<br />
The possible outcomes of the consultation are:<br />
that immediate action is required <strong>to</strong> protect the<br />
child from harm/further harm, for example,<br />
Emergency Protection Order, removal in<strong>to</strong> Police<br />
Protection;<br />
that a crime may have been committed <strong>and</strong> must<br />
be investigated by the Police working jointly with<br />
<strong>Children</strong>’s Social Care;<br />
that further enquiries need <strong>to</strong> be made prior <strong>to</strong><br />
making a decision; <strong>and</strong>/or<br />
a Strategy Discussion/Meeting should take place.<br />
In all cases, the welfare of children will remain paramount.<br />
Any planned delay should ensure that it is justified <strong>and</strong> will not<br />
place the child at risk of harm/further harm. Planned delay<br />
must be recorded on Police Form 547 <strong>and</strong> agreed by the codecision<br />
makers.<br />
4.1.18. No Further Action<br />
Where there is <strong>to</strong> be no further action, the (Hull) Area<br />
Manager / (East Riding) Senior Social Worker / Team Leader<br />
should:<br />
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• Sign off the referral <strong>to</strong> indicate the decisions made<br />
• Complete Police Form 547<br />
The Social Worker will be responsible for informing the<br />
referrer of the decision made, unless it is not appropriate <strong>to</strong><br />
do so e.g. anonymous referral. If the child <strong>and</strong> the family are<br />
unaware of the referral, the Social Worker should inform them<br />
of the decision made The Team Manager / Senior Social<br />
Worker should confirm this in writing <strong>to</strong> the family <strong>and</strong><br />
referrer.<br />
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4.1.19. Carrying Out the Enquiries under Section 47 <strong>Children</strong><br />
Act<br />
See Section 3 the “Processes for <strong>Safe</strong>guarding <strong>and</strong><br />
Promoting the Welfare of <strong>Children</strong>” – “Strategy<br />
Discussions <strong>and</strong> Section 47 Enquiries <strong>and</strong> Core<br />
Assessment”<br />
Section 5 Additional Practice Guidance may be<br />
applicable <strong>and</strong> should be consulted as necessary.<br />
Strategy Discussion/Meeting<br />
Whenever there is reasonable cause <strong>to</strong> suspect that a child is<br />
suffering, or is likely <strong>to</strong> suffer, significant harm, there should<br />
be a Strategy Discussion/Meeting involving <strong>Children</strong>’s Social<br />
Care, the Police <strong>and</strong> any other agencies as appropriate. A<br />
Strategy Discussion/Meeting may take place following a<br />
referral <strong>and</strong> an Initial Assessment, or at any other time e.g. if<br />
concerns about significant harm emerge in respect of a child<br />
receiving support under Section 17 of the <strong>Children</strong> Act 1989.<br />
The timing of the Strategy Discussion/Meeting, which may be<br />
face <strong>to</strong> face or by telephone, will depend on the nature <strong>and</strong><br />
urgency of the referral, but should take place as soon as<br />
possible after receipt of the referral/decision that there is<br />
reasonable cause <strong>to</strong> suspect significant harm. As lead agency,<br />
<strong>Children</strong>’s Social Care will be responsible for chairing <strong>and</strong><br />
minuting Strategy Meetings.<br />
Following the Strategy Discussion/Meeting, Team Manager /<br />
Senior Social Worker involved should ensure that the relevant<br />
sections of the Police Form 547 are completed.<br />
Throughout the investigation, liaison between the two<br />
agencies must be maintained. At the conclusion of the<br />
enquiries, the decision makers will again consult <strong>and</strong> decide<br />
whether there is a need for further action <strong>to</strong> be taken. The<br />
possible outcomes of this consultation are:<br />
there is a need for the child’s immediate protection;<br />
the child is safe for the immediate future but child<br />
protection concerns persist, which necessitate the<br />
convening of a Child Protection Conference;<br />
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the allegation is unsubstantiated or there are no<br />
continuing child protection concerns. However, the<br />
assessment of the child <strong>and</strong> family’s needs should<br />
continue <strong>and</strong> any necessary services provided;<br />
(Child In need Support Plan)<br />
further criminal investigations should take place.<br />
4.1.20. Involving the Child <strong>and</strong>/or Parent or Carers<br />
During the enquiry, all children referred must be seen as well<br />
as the family members of the household. The child should be<br />
seen separately from the parent or carer.<br />
Enquiries may also involve interviews with others who are<br />
personally or professionally involved with the child <strong>and</strong>/or<br />
parents or carers including those who may make specific<br />
assessments.<br />
Exceptionally, the Enquiry Team may need <strong>to</strong> speak <strong>to</strong> a<br />
suspected victim without the knowledge of the parent or carer,<br />
if <strong>to</strong> inform them would place the child at risk of significant<br />
harm or if the child did not wish them <strong>to</strong> be involved at that<br />
stage <strong>and</strong> was competent <strong>to</strong> make that decision.<br />
Where this is the case, the Strategy Discussion/Meeting will<br />
discuss the timing of parental participation <strong>and</strong> a record made<br />
on Police Form 547.<br />
Dependent on the age <strong>and</strong> underst<strong>and</strong>ing of the child, the<br />
child should be provided with the information leaflet<br />
"Underst<strong>and</strong>ing Child Protection Procedures - The Enquiry - A<br />
Child's or <strong>Young</strong> Person’s Guide" <strong>and</strong> the Enquiry Team should<br />
ensure that the child underst<strong>and</strong>s the contents <strong>and</strong> the<br />
processes involved. Parents/ carers should be given the adult<br />
version of this leaflet <strong>and</strong> the content discussed with them.<br />
These leaflets can be made available in the person's preferred<br />
language or Braille etc as required.<br />
4.1.21. Interviewing the Child or <strong>Young</strong> Person<br />
Where appropriate, the child will be interviewed in accordance<br />
with the decisions of the Strategy Discussion/Meeting. The<br />
nominated interview team, comprising trained Social Workers<br />
<strong>and</strong> Police Officers, will plan the detail of the interview<br />
including time, method, venue, who will be present etc. The<br />
child should never be interviewed in the presence of an<br />
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alleged or suspected perpetra<strong>to</strong>r of abuse or someone who<br />
may be colluding with a perpetra<strong>to</strong>r.<br />
The interview will be conducted in accordance with the<br />
Achieving Best Evidence guidance. Staff conducting such<br />
interviews will have been trained in video interviewing. Any<br />
additional assistance from specialists, if necessary, will have<br />
been arranged e.g. if the child is disabled, or if English is not<br />
the child's first language – See relevant Additional Practice<br />
Guidance<br />
4.1.22. Parental Consent To Interview<br />
The consent of an adult with parental responsibility should<br />
always be sought prior <strong>to</strong> interviewing a child, only rarely<br />
should this consent be dispensed with, for example:<br />
if the child is of sufficient age <strong>and</strong> underst<strong>and</strong>ing <strong>to</strong> give<br />
informed consent <strong>and</strong> does not wish the parent <strong>to</strong> know<br />
the interview is <strong>to</strong> take place;<br />
if seeking the consent of the person(s) with parental<br />
responsibility would place the child at further risk of<br />
significant harm e.g. the child may be intimidated or<br />
threatened etc.; or<br />
if the situation is of an emergency nature <strong>and</strong> no-one<br />
with parental responsibility can be located in time.<br />
The decision not <strong>to</strong> seek parental consent should be taken<br />
only by the co-decision makers from <strong>Children</strong>’s Social Care<br />
<strong>and</strong> Police <strong>and</strong> should be recorded, with reasons, on Police<br />
Form 547.<br />
If parental consent is sought <strong>and</strong> refused, the Social Worker<br />
should inform Team Manager / (Senior Social Worker<br />
immediately. The co-decision makers must discuss <strong>and</strong><br />
review whether there is a need <strong>to</strong> apply <strong>to</strong> the Court for either<br />
an Emergency Protection Order or Child Assessment Order <strong>to</strong><br />
continue the enquiries.<br />
4.1.23. Medical Examination<br />
It is the responsibility of the examining doc<strong>to</strong>r <strong>to</strong> obtain<br />
the necessary consents <strong>to</strong> the medical examination, if<br />
there is <strong>to</strong> be one, although the Enquiry Team may have<br />
already discussed this with the child <strong>and</strong> parents or<br />
carers.<br />
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Where there is an Emergency Protection Order with<br />
medical directions in effect or a Child Assessment Order,<br />
the Social Worker must give the medical practitioner a<br />
copy of the Court's Order <strong>and</strong> Conditions.<br />
Even if the Court has ordered a medical assessment, the<br />
child may refuse consent. Any refusal <strong>to</strong> undergo a<br />
medical examination should be reported <strong>to</strong> the Team or<br />
Area Manager immediately in order that consultation<br />
takes place with the Police co-decision maker <strong>to</strong> agree on<br />
further action, if any.<br />
Consideration should also be given <strong>to</strong> the medical<br />
examination of all other children in the family / household.<br />
4.1.24. After the Enquiry<br />
Information<br />
At the conclusion of the enquiry, the Social Worker should<br />
collate the following information for discussion with the Team<br />
Manager / Senior Social Worker:<br />
All information collated during the Initial Assessment<br />
<strong>and</strong> the Core Assessment <strong>to</strong> date<br />
Detail of the allegation of harm/suspected harm<br />
Content of interview with the child<br />
Outcome of the medical examination of the child, if<br />
carried out<br />
Wishes <strong>and</strong> feelings of the child<br />
Content of any interview/meeting with the parents or<br />
carers<br />
Content of any interview with significant others e.g.<br />
other family members, other agencies<br />
Whereabouts of alleged perpetra<strong>to</strong>r<br />
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4.1.25 Unsubstantiated Concerns<br />
Following the discussion, the Team Manager / Senior Social<br />
Worker should consult with the Police co-decision maker <strong>and</strong><br />
decide on whether there is a need for any further action <strong>to</strong> be<br />
taken. Decisions should be recorded on Police Form 547.<br />
In circumstances where child protection concerns are not<br />
substantiated, the Team Manager / Senior Social Worker<br />
should write <strong>to</strong> the family <strong>to</strong> confirm this as soon as possible<br />
after the conclusion of the enquiries.<br />
Such letters should acknowledge the distress which may have<br />
been caused but also explain the statu<strong>to</strong>ry duty on <strong>Children</strong>’s<br />
Social Care <strong>to</strong> investigate allegations of harm <strong>to</strong> a child.<br />
Consideration should be given <strong>to</strong> the child <strong>and</strong>/or family's<br />
needs for further support or counselling <strong>and</strong> appropriate<br />
information given for sources of help.<br />
The family should be informed of the Direc<strong>to</strong>rate's Complaints<br />
Procedure <strong>and</strong> how <strong>to</strong> access it if they are still dissatisfied.<br />
Normally, the person who made the referral should be<br />
informed of the outcome by the Social Worker or the Team<br />
Manager / Senior Social Worker<br />
The child may be a child in need <strong>and</strong> further support <strong>and</strong><br />
services may be offered, following assessment, under Section<br />
17 of the <strong>Children</strong> Act 1989.<br />
4.1.26. Concerns Are Substantiated But The Child Is Not Judged<br />
To Be At Continuing Risk Of Significant Harm<br />
There may be substantiated concerns that a child has suffered<br />
significant harm, but it is agreed between the agencies<br />
involved <strong>and</strong> the child <strong>and</strong> family, that a plan for ensuring the<br />
child's safety <strong>and</strong> welfare can be implemented without the<br />
need for a Child Protection Conference or Plan.<br />
This will be of relevance when it is clear <strong>to</strong> agencies that there<br />
is no risk of continuing harm, for example, if the perpetra<strong>to</strong>r<br />
of abuse has permanently left the household, or it may arise if<br />
the significant harm was incurred as the result of an isolated<br />
incident for example, abuse by a stranger.<br />
Those agencies involved may judge that a parent, carer or<br />
member of the child's wider family is willing <strong>and</strong> able <strong>to</strong> cooperate<br />
with actions <strong>to</strong> ensure the child's future safety <strong>and</strong><br />
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well being <strong>and</strong> that the child is therefore not at risk of<br />
continuing risk of significant harm. In order <strong>to</strong> make this<br />
judgement; all relevant information must be considered with a<br />
clear assessment made of the likelihood of successful<br />
intervention. The child's wishes <strong>and</strong> feelings should be taken<br />
in<strong>to</strong> account according <strong>to</strong> age <strong>and</strong> underst<strong>and</strong>ing.<br />
An inter-agency meeting between family <strong>and</strong> professionals<br />
may take place <strong>to</strong> agree what action should be taken, by<br />
whom, <strong>and</strong> the intended outcome for the child's safety <strong>and</strong><br />
development. The resulting Family Support Plan (Form 4)<br />
form 4-fs plan.doc<br />
should be informed by the assessment process <strong>and</strong> should<br />
include who takes responsibility for what actions, what <strong>to</strong> do if<br />
the Family Support Plan is not successfully implemented, <strong>and</strong><br />
a timescale for review of progress.<br />
A decision not <strong>to</strong> proceed <strong>to</strong> Child Protection Conference when<br />
a child has suffered significant harm should be taken carefully<br />
<strong>and</strong> should be recorded on the file by the relevant senior<br />
manager. If despite this decision, those agencies most<br />
involved with the family have serious concerns that a child<br />
may not be adequately safeguarded; they can request that a<br />
Conference is convened. If this request is supported by a<br />
senior manager or an appropriate professional from another<br />
agency, it should normally be agreed.<br />
Any disagreement should be dealt with in Section 3 “Child<br />
Protection Conferences” under the heading Appendix 1<br />
“Resolving Professional Differences of View in Specific<br />
Cases".<br />
4.1.27 Concerns Are Substantiated And The Child Is Judged To<br />
Be At Continuing Risk Of Significant Harm<br />
Where those agencies most involved judge that a child may<br />
continue <strong>to</strong> suffer, or <strong>to</strong> be at risk of suffering, significant<br />
harm, <strong>Children</strong>’s Social Care should convene a Child Protection<br />
Conference.<br />
The aim of the Conference is <strong>to</strong> enable those professionals<br />
most involved with the child <strong>and</strong> family, <strong>and</strong> the family<br />
themselves, <strong>to</strong> assess all relevant information <strong>and</strong> plan how <strong>to</strong><br />
safeguard the child <strong>and</strong> promote his or her welfare.<br />
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4.1.28. The Child Protection Conference<br />
See Section 3: Managing Individual Cases “Child<br />
Protection Conferences” <strong>and</strong> additional guidance within<br />
these <strong>procedure</strong>s<br />
4.1.29. Initial Child Protection Conference<br />
The decision whether or not <strong>to</strong> hold a Conference is made<br />
when, at the conclusion of enquiries under Section 47<br />
(<strong>Children</strong> Act 1989), there are concerns that the child may be<br />
at continuing risk of significant harm. This decision is made<br />
by a Child Care & Protection Co-ordina<strong>to</strong>r, following discussion<br />
with the Social Worker undertaking the enquiries, <strong>and</strong> in<br />
consultation with the Team Manager / Senior Social Worker.<br />
The Performance Manager for the Area should arbitrate any<br />
differences in view between the Senior Social Worker / Team<br />
Leader <strong>and</strong> the Child Care & Protection Co-ordina<strong>to</strong>r as <strong>to</strong><br />
whether a Conference is required.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
Generally, a Conference should take place:<br />
within 15 working days of the Strategy<br />
Discussion/Meeting;<br />
within 15 working days of notification that a child<br />
in another authority is going <strong>to</strong> move permanently<br />
in<strong>to</strong> the area.<br />
In exceptional circumstances these timescales<br />
may be increased, but a reason for such a decision<br />
must be recorded.<br />
after 24 weeks gestation in the case of an unborn<br />
child, however, there may be circumstances when<br />
holding an earlier child protection conference is<br />
beneficial in the interests of the child <strong>and</strong> family.<br />
4.1.30. Child Protection Review Conference<br />
The Team Manager / Senior Social Worker must ensure that a<br />
Review Conference is called in the first instance within 3<br />
months of the Initial Child Protection Conference <strong>and</strong><br />
thereafter at no more than 6-monthly intervals, for as long as<br />
the child’s name remains on the Child Protection Register.<br />
At each Review Conference, the date of the next Review<br />
Conference will be set.<br />
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4.1.31. Tasks for the Social Worker<br />
To ensure appropriate agency representatives are<br />
invited <strong>and</strong> sent Conference report forms. The Chair<br />
must agree attendance.<br />
To ensure that the child <strong>and</strong> family are fully informed<br />
about the purpose of the Conference <strong>and</strong> what happens.<br />
They should also be issued with the leaflets explaining<br />
the Child Protection Conference:<br />
"A Child or <strong>Young</strong> Person’s Guide <strong>to</strong> the Child Protection<br />
Conference" or “A Parent or Carer’s Guide <strong>to</strong> the Child<br />
Protection Conference"<br />
To consider with parents or carers <strong>and</strong> the child or<br />
young person their level <strong>and</strong> form of participation, which<br />
should be agreed by the Chair.<br />
To agree the level of attendance of the parent or carer<br />
<strong>and</strong> the child as appropriate with the Chair, noting any<br />
special needs or requirements of the family members<br />
Careful consideration should be given as <strong>to</strong> which<br />
members of the child’s family should be involved in the<br />
Child Protection Conference process. Particular<br />
consideration should be given <strong>to</strong> putative fathers <strong>and</strong><br />
individuals with whom the child has shared a “family<br />
life”.<br />
To support the family regarding practical considerations<br />
around attending the Conference, e.g. child care<br />
arrangements.<br />
To be able <strong>to</strong> present the views of the parents <strong>and</strong> the<br />
child at the Conference if they are not able <strong>to</strong> do so<br />
themselves<br />
Preparation of a report for the Chair, which will be taken<br />
from the Initial Assessment <strong>and</strong> the information gained<br />
as part of the Core Assessment <strong>to</strong> date, if completed.<br />
To ensure the child <strong>and</strong> family have the opportunity <strong>to</strong><br />
read the report at least 24 hours in advance of the<br />
Conference <strong>and</strong> take note of their comments.<br />
To brief the Chair on the purpose of the Conference,<br />
proposed attendance, time <strong>and</strong> venue <strong>and</strong> any special<br />
issues or considerations he/she should be aware of<br />
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To ensure legal advice is available if required<br />
4.1.32. Tasks Of The Chair<br />
See Section 3 Managing Individual case “Child<br />
Protection Conferences - “Role of the Chair”<br />
Child Protection Conferences must be chaired by a member of<br />
staff, usually a Child Care & Protection Co-ordina<strong>to</strong>r or Team<br />
Leader who is independent of the decision making in the case.<br />
The tasks of the Chair are as follows:<br />
Deciding on the level of participation by children <strong>and</strong><br />
families <strong>and</strong> ensuring they are briefed<br />
Meeting with the child <strong>and</strong> family in advance<br />
Ensuring the timing of Conferences takes account of the<br />
need for key professionals <strong>to</strong> be able <strong>to</strong> attend <strong>and</strong><br />
provide the required reports<br />
Recording agency attendance at Conferences<br />
Setting out the purpose of the Conference<br />
Ensuring that the Conference focuses on the child,<br />
whose welfare is paramount <strong>and</strong> transcends the<br />
interests of parents <strong>and</strong> carers where these conflict<br />
Enabling full contributions <strong>to</strong> be made by those present<br />
If there is information that an agency is concerned about<br />
sharing within the Conference, they should discuss with the<br />
Chair in advance of the Conference, how best this information<br />
can be shared. It is the Chair’s decision as <strong>to</strong> whether all<br />
information should shared with the parents <strong>and</strong> their legal<br />
representative.<br />
Ensuring that required decisions are made<br />
Ensuring a Core Group is appointed if the child’s name is<br />
placed on the Child Protection Register<br />
Ensuring, where a child is on the Child Protection<br />
Register, that the Conference considers the level of<br />
visiting by the Keyworker<br />
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Managing unresolved issues during the Conference in<br />
line with guidance contained within Section 3 “Child<br />
Protection Conferences” Appendix A: "Resolving<br />
Professional Differences of View in Specific Cases"<br />
If they are unable <strong>to</strong> resolve by virtue of being part of the<br />
Conference, the matter should be referred <strong>to</strong> the Performance<br />
Manager for the Area.<br />
Ensuring minutes are taken with all decisions <strong>and</strong><br />
recommendations recorded<br />
Identifying <strong>and</strong> agreeing a circulation list for full copies<br />
of minutes, including the sharing of sensitive information<br />
Ensuring recommendations are forwarded <strong>to</strong> relevant<br />
agencies <strong>and</strong> the family within 72 hours of the<br />
Conference.<br />
4.1.33. Reports for The Conference<br />
The practice guidance is clear about what reports should be<br />
produced for Initial <strong>and</strong> Review Conferences <strong>and</strong> what should be<br />
included in them.<br />
Reports should be shared with the child <strong>and</strong> family by the<br />
agency that writes them. Social Workers should ensure they<br />
share their report with the child <strong>and</strong> family at least 24 hours<br />
prior <strong>to</strong> the Conference <strong>and</strong> take note of any comments they<br />
wish <strong>to</strong> make.<br />
The Chair should receive reports at least 72 hours before the<br />
Conference.<br />
The practice guidance includes proforma reports <strong>and</strong><br />
Districts/Teams have these on disk. G.P’s will continue <strong>to</strong><br />
provide reports on their existing paperwork.<br />
4.1.34. Family Involvement In The Initial Child Protection<br />
Conference And Child Protection Review Conference<br />
The Social Worker <strong>and</strong> the Chair should discuss the level of<br />
involvement of a child of sufficient age <strong>and</strong> underst<strong>and</strong>ing <strong>and</strong><br />
family members.<br />
If the child or any family member is <strong>to</strong> be excluded from all of<br />
the Conference, a letter should be sent <strong>to</strong> them by the<br />
Conference Chair <strong>to</strong> explain the reason why. Any part exclusion<br />
should be explained by the Chair before the start of the<br />
Conference.<br />
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Invitations <strong>to</strong> all or part of the Conference must be followed up<br />
in writing <strong>and</strong> the relevant explana<strong>to</strong>ry leaflet enclosed The<br />
Social Worker will also discuss transport, child care<br />
arrangements <strong>and</strong> any individual arrangements on the part of<br />
the parents as appropriate, e.g. provision of an interpreter.<br />
The Social Worker must brief the parents <strong>and</strong> child attending for<br />
all or part of the Conference on the practical <strong>and</strong> procedural<br />
aspects of the Conference, including the possibility of them<br />
being asked <strong>to</strong> withdraw from part of the Conference <strong>and</strong> why.<br />
If parents <strong>and</strong> child do not attend, either from choice or from<br />
exclusion, the Social Worker should seek the parents <strong>and</strong> child’s<br />
views <strong>and</strong> present these at the conference. Parents should also<br />
be informed that they will have the opportunity <strong>to</strong> see <strong>and</strong><br />
comment on the Social Worker's report before the Conference.<br />
This should not necessarily apply <strong>to</strong> a parent who has been<br />
charged or who is suspected of committing an offence <strong>and</strong><br />
awaiting a decision.<br />
Where parents <strong>and</strong> children do not attend, they should be<br />
informed of the decision <strong>and</strong> recommendations of the<br />
Conference as soon as possible afterwards. This should be<br />
done verbally by a person identified by the Conference <strong>and</strong><br />
followed up in writing by the Team Manager / Senior Social<br />
Worker.<br />
If parents wish <strong>to</strong> have a friend, supporter or advocate present<br />
during the Conference, this should be agreed with the Chair in<br />
discussion with the Social Worker. The Social Worker should<br />
provide the parents with two copies of the “Notes of Guidance”<br />
prior <strong>to</strong> the Conference, <strong>to</strong> give <strong>to</strong> supporters, etc.<br />
Where a parent or young person is in prison, a representative<br />
from the prison may accompany them <strong>to</strong> the Conference or<br />
attend on their behalf. All attempts should be made <strong>and</strong><br />
evidenced that adults who are in prison have been notified of<br />
Conferences, their attendance considered <strong>and</strong> views sought.<br />
4.1.35. Minutes<br />
All Conferences will be minuted <strong>to</strong> record facts, decisions <strong>and</strong><br />
recommendations <strong>and</strong> professional opinions expressed by<br />
participants.<br />
Minutes should be produced in a structured format following the<br />
guidelines shown as an Appendix at the end of these <strong>Children</strong>’s<br />
Social Care’ <strong>procedure</strong>s.<br />
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Particular attention should be paid <strong>to</strong> the minuting of any legal<br />
advice given <strong>to</strong> the Conference, as it remains confidential <strong>to</strong> the<br />
Conference. It should be separately recorded <strong>and</strong> not be<br />
disseminated <strong>to</strong> parents or their legal representatives.<br />
If there is information that an agency is concerned about<br />
sharing within the Conference, they should discuss with the<br />
Chair in advance of the Conference, how best this information<br />
can be shared. It is the Chair’s decision as <strong>to</strong> whether all<br />
information should shared with the parents <strong>and</strong> their legal<br />
representative.<br />
Minutes will be circulated on a "need <strong>to</strong> know" basis, according<br />
<strong>to</strong> the circulation list agreed <strong>and</strong> recorded by the Conference.<br />
Whilst the decision <strong>and</strong> recommendations of the Conference will<br />
be circulated <strong>to</strong> all those individuals invited, it may not be<br />
appropriate <strong>to</strong> routinely circulate a copy of the full minutes <strong>to</strong><br />
those people who did not attend. Multiple copies of minutes will<br />
not be circulated <strong>to</strong> the same agency.<br />
The Chair will arrange for the circulation of the decisions <strong>and</strong><br />
recommendations as soon as possible following the Conference,<br />
with the full body of the minutes <strong>to</strong> follow within 28 days of the<br />
Conference being held.<br />
If families attended for the full Conference, they should receive<br />
full minutes (excluding legal advice), delivered by the Social<br />
Worker. Where parents attended for part of the Conference<br />
only, they should receive the minutes for that part of the<br />
Conference they attended. With the exception of the Social<br />
Worker’s report, reports <strong>to</strong> the Conference will not be<br />
au<strong>to</strong>matically circulated with the minutes.<br />
It is assumed that all agencies that submitted reports will have<br />
shared their content with the family before the Conference,<br />
unless there was good reason not <strong>to</strong> do so, <strong>and</strong> with other<br />
agencies at the Conference.<br />
If there are concerns that a parent may not treat the minutes in<br />
a confidential manner, it may not be appropriate for them <strong>to</strong><br />
receive a copy, although the Social Worker should make<br />
arrangements for them <strong>to</strong> read the minutes in order <strong>to</strong> check<br />
their accuracy. However, all parents should receive, as a<br />
minimum, a copy of the decisions <strong>and</strong> recommendations.<br />
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4.1.36. Actions Following the Initial Child Protection<br />
Conference & Child Protection Review Conference:<br />
i) The Chair:<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
Immediately following the Conference, the<br />
Chair will contact the Child Protection<br />
Register Administra<strong>to</strong>r with the Conference<br />
decision <strong>to</strong> register or deregister a child.<br />
In the event of a pre-birth Conference<br />
deciding <strong>to</strong> register an unborn child, the<br />
Chair will immediately phone the Child<br />
Protection Register Administra<strong>to</strong>r with the<br />
relevant details <strong>and</strong> the expected date of<br />
delivery.<br />
The Chair will ensure that minutes are<br />
circulated within 28 days <strong>to</strong> those people<br />
agreed at the Conference<br />
The Chair will ensure that a copy of the<br />
minutes, <strong>to</strong>gether with a copy of all reports<br />
available <strong>to</strong> the Conference, is sent <strong>to</strong> the<br />
Child Protection Register Administra<strong>to</strong>r.<br />
If the Chair is informed that an agency does<br />
not accept, or is unable <strong>to</strong> carry out, a Child<br />
Protection Conference recommendation,<br />
he/she will inform other agencies <strong>and</strong> in<br />
consultation with the relevant the Team<br />
Manager / Senior Social Worker reconvene<br />
the Conference if appropriate.<br />
Where a recommendation cannot be carried<br />
out because of a shortfall in <strong>Children</strong>’s Social<br />
Care resources, the Chair <strong>and</strong> the relevant<br />
Team Manager / Senior Social Worker will<br />
refer the issues <strong>to</strong> the relevant line manager<br />
for resolution. The Chair will reconvene the<br />
Conference if appropriate.<br />
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ii) The Social Worker:<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
will place a written copy of the decision <strong>and</strong><br />
recommendations of the Conference on the<br />
child's file; <strong>and</strong><br />
will arrange for a letter from the Team<br />
Manager / Senior Social Worker <strong>to</strong> be sent <strong>to</strong><br />
those adults with parental responsibility for<br />
the child, informing them of the decisions<br />
<strong>and</strong> recommendations, <strong>to</strong>gether with other<br />
information relevant <strong>to</strong> the case e.g. an<br />
explanation of the legal framework <strong>and</strong><br />
details of the Child Protection Plan.<br />
4.1.37 CHILD PROTECTION REGISTRATION<br />
i) The Keyworker<br />
Where a Conference places or retains a child's name on<br />
the Child Protection Register, a qualified <strong>and</strong> suitably<br />
experienced Social Worker must be named as Keyworker<br />
for the child. In fulfilling their role, the Keyworker will<br />
undertake the following tasks:<br />
Maintaining regular contact with family<br />
members <strong>to</strong> ensure that the child's welfare<br />
is being protected <strong>and</strong> promoted. The family<br />
should be seen <strong>to</strong>gether within their home<br />
environment in addition <strong>to</strong> the child being<br />
seen individually.<br />
Maintaining direct contact with the child at<br />
fortnightly intervals or at intervals<br />
recommended by the Conference <strong>and</strong> agreed<br />
by the Performance Manager for the Area.<br />
Record on the child's case file the occasions<br />
on when he/she was seen by the Keyworker,<br />
with any other information <strong>to</strong> support that<br />
the child was apparently safe <strong>and</strong> well, or<br />
that there were concerns about the child's<br />
safety, protection <strong>and</strong> welfare. Any<br />
concerns for the child's safety must be<br />
brought <strong>to</strong> the attention of the Social<br />
Worker's supervisor without delay<br />
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Maintaining regular contact with other<br />
professionals involved with the child <strong>and</strong><br />
family in order <strong>to</strong> share information <strong>and</strong> coordinate<br />
work.<br />
Moni<strong>to</strong>r the effectiveness of the Child<br />
Protection Plan, considering the implications<br />
of any significant changes in the child/family<br />
circumstances for the Child Protection Plan.<br />
Where the Keyworker considers that the<br />
Child Protection Plan is compromised by a<br />
significant change in the child/family's<br />
circumstances or by a subsequent decision<br />
by the Court, he/she must ensure that this is<br />
brought <strong>to</strong> their supervisor's attention<br />
without delay so that a decision can be<br />
made as <strong>to</strong> whether it is necessary <strong>to</strong><br />
convene a Child Protection Review<br />
Conference.<br />
Arranging for the Child Protection Plan <strong>to</strong> be<br />
reviewed by a Child Protection Review<br />
Conference, the first Review <strong>to</strong> take place 3<br />
months after the Initial Child Protection<br />
Conference <strong>and</strong> thereafter every 6 months<br />
or sooner if the Conference decides this is<br />
necessary.<br />
Initiate <strong>and</strong>/or undertaking any legal action<br />
that may be required in order <strong>to</strong> protect the<br />
child.<br />
Continue membership of the Core Group,<br />
which is responsible for implementation of<br />
the Child Protection Plan. Full details of the<br />
responsibilities of the Keyworker <strong>and</strong> Core<br />
Group members implementing the Child<br />
Protection Plan are given in Section 3<br />
“Managing Individual Cases”<br />
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ii) Visiting Requirements<br />
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When a child's name is placed on the Child Protection<br />
Register he/she will be seen fortnightly by the<br />
Keyworker as a minimum requirement unless the<br />
Conference specifies a different visiting interval <strong>and</strong> this<br />
is agreed by the Principal Child Care Manager (East<br />
Riding) relevant Performance Manager for the Area.<br />
This is a minimum requirement <strong>and</strong> it may be<br />
necessary <strong>to</strong> see the child more frequently as<br />
circumstances dictate.<br />
In exceptional circumstances, the Conference, having<br />
considered the most appropriate visiting interval based<br />
on the child's needs, may recommend a visiting interval<br />
of more than fortnightly. Examples of where this may<br />
occur:<br />
Child being “‘looked after’”<br />
Child/family on holiday<br />
Child in hospital, etc.<br />
The Keyworker will be responsible for ensuring that the<br />
recommendation is discussed with a Performance<br />
Manager <strong>and</strong> his/her agreement obtained in writing.<br />
Occasionally, a child may be ‘looked after’ by <strong>Children</strong>’s<br />
Social Care <strong>and</strong> also be on the Child Protection Register.<br />
In this case, the child protection visiting requirements<br />
may be varied for the duration of the child's placement<br />
in care <strong>and</strong> the child seen at intervals as specified in the<br />
Foster Placement Regulations 1991. The Keyworker<br />
must have the agreement of a Performance Manager for<br />
the Area prior <strong>to</strong> establishing a reduced visiting interval<br />
<strong>and</strong> consideration must be given <strong>to</strong> the particular needs<br />
of the child, taking in<strong>to</strong> account contact arrangements<br />
etc.<br />
Where there are no immediate plans <strong>to</strong> return the child<br />
<strong>to</strong> their carer, consideration should be given <strong>to</strong><br />
deregistration at the next Child Protection Review<br />
Conference, which may be brought forward if<br />
circumstances dictate.<br />
Generally, a child who is subject <strong>to</strong> a Care Order or<br />
Interim Care Order will not be on the Child Protection<br />
Register unless there are special circumstances which<br />
would indicate that he/she is at continuing risk of<br />
significant harm.<br />
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iii) When a Keyworker Is Denied Access <strong>to</strong> the<br />
Child<br />
If the family deny the Keyworker access <strong>to</strong> a child on<br />
the Child Protection Register, the Keyworker, <strong>to</strong>gether<br />
Team Manager / Senior Social Worker must immediately<br />
review the safety of the child <strong>and</strong> give consideration <strong>to</strong><br />
the need <strong>to</strong> instigate Court proceedings.<br />
Where it is established that the child is safe but the<br />
family continue <strong>to</strong> deny access <strong>to</strong> the Keyworker, the<br />
Area Manager / (East Riding) Senior Social Worker /<br />
Team Leader will be responsible for convening a<br />
Conference as a matter of urgency <strong>to</strong> review the Child<br />
Protection Plan.<br />
iv) Return Home Of A Registered Child<br />
Where an Initial Child Protection Conference or Review<br />
recommends the return home of a registered child from<br />
Local Authority accommodation or placement with<br />
relatives/friends, the Strategic Operational Manager<br />
must give their formal written agreement <strong>to</strong> the<br />
recommendation prior <strong>to</strong> it’s implementation.<br />
v) De-Registration<br />
If a Review Conference decides <strong>to</strong> de-register a child,<br />
the Keyworker will complete a Change of Circumstances<br />
form SSD/CC/CP/2 within 3 working days <strong>and</strong> forward<br />
this <strong>to</strong> the Child Protection Register Administra<strong>to</strong>r,<br />
placing a copy on the child's file.<br />
Occasionally, de-registration may be recommended by a<br />
Review Conference on the completion of a specified legal<br />
process, for example obtaining a Care Order or Interim<br />
Care Order. When the legal process is completed, the<br />
Keyworker will be responsible for notifying Review<br />
Conference members <strong>and</strong> informing them of the<br />
intention <strong>to</strong> de-register the child as per the<br />
recommendation. The Change of Circumstances form<br />
SSD/CC/CP/2 will be filled in.<br />
Where the outcome of the legal proceedings is different<br />
from that anticipated by the Review Conference when<br />
they made the decision <strong>to</strong> de-register on completion, the<br />
Keyworker will inform the Chair.<br />
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The Chair, in consultation with the relevant Team<br />
Manager / Senior Social Worker will be responsible for<br />
ensuring that a Child Protection Review is convened <strong>to</strong><br />
consider the continued registration of the child in the<br />
light of the decision of the Court.<br />
vi) Change of Circumstances<br />
The Keyworker will notify all other Child Protection<br />
Review Conference participants of any change in the<br />
circumstances of a registered child using Form<br />
SSD/CC/CP2.<br />
i) Change Of Address Within This Authority<br />
If a child's address changes such that he/she moves in<strong>to</strong><br />
another social work team's area within the Authority, a<br />
copy of the change in circumstances form SSD/CC/CP2<br />
must also be sent <strong>to</strong> the relevant Team Manager /<br />
Senior Social Worker for information.<br />
ii) Change Of Address Outside This Authority<br />
When a child, who is subject <strong>to</strong> child protection<br />
registration, moves <strong>to</strong> a known address outside the<br />
Authority, the Keyworker will:<br />
immediately inform the Child Protection Register<br />
Administra<strong>to</strong>r of the child's new address. The<br />
Administra<strong>to</strong>r will be responsible for referring the<br />
child <strong>to</strong> the Child Protection Coordina<strong>to</strong>r in the<br />
new Authority for registration pending a<br />
Conference;<br />
provide a transfer summary, clearly stating the<br />
child's registration status, <strong>to</strong> the <strong>Children</strong>’s Social<br />
Care Direc<strong>to</strong>rate responsible for the child's new<br />
address. The Report should be available <strong>to</strong> the<br />
new Authority within 15 days of the child's change<br />
of address;<br />
send written information, including the new<br />
address, <strong>to</strong> all agencies in order <strong>to</strong> facilitate the<br />
rapid transfer of all agency records; <strong>and</strong><br />
be prepared <strong>to</strong> attend a Conference in the new<br />
area of provide comprehensive reports as agreed<br />
with his/her manager <strong>and</strong> their counterpart in the<br />
new Authority.<br />
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The Child Protection Register Administra<strong>to</strong>r will remove<br />
the child's name from the Child Protection Register on<br />
receipt of written notification from the new Authority<br />
that they have accepted responsibility for the child, <strong>and</strong><br />
made a decision about child protection registration in<br />
their area. A Child Protection Review Conference is not<br />
necessary in these circumstances.<br />
iii) Unknown Address Outside This Authority<br />
When a family moves <strong>to</strong> an unknown address outside<br />
the Authority, the Keyworker will:<br />
notify the Child Protection Register Administra<strong>to</strong>r<br />
take steps <strong>to</strong> trace the child through other<br />
agencies e.g. Family Practitioner Records,<br />
Education Welfare records, Benefits Agency<br />
records, other <strong>Children</strong>’s Social Care Departments,<br />
Probation <strong>and</strong> Health Authorities as appropriate,<br />
Police records, NSPCC local/national offices, etc.<br />
The particular vulnerability of children fleeing domestic<br />
violence should be acknowledged <strong>and</strong> all efforts <strong>to</strong> trace<br />
these children should be made. Where efforts <strong>to</strong> trace<br />
the child through these sources fail, the Child Protection<br />
Register Administra<strong>to</strong>r will take steps <strong>to</strong> notify all Child<br />
Protection Co-ordina<strong>to</strong>rs nationally with details of the<br />
child <strong>and</strong> family.<br />
Removal of such a child's name from the Child<br />
Protection Register should not be considered until 6<br />
months have passed, <strong>and</strong> all reasonable efforts <strong>to</strong> trace<br />
the child have failed. The question of de-registration<br />
may then be considered at a Child Protection Review<br />
Conference <strong>to</strong> which reports of the search efforts are<br />
made available.<br />
See Section 5 Additional Practice Guidance<br />
Number 6 “<strong>Children</strong> And Families Who Go Missing"<br />
And Number 7 “<strong>Children</strong> And <strong>Young</strong> <strong>People</strong> Who<br />
Run Away / Go Missing”.<br />
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cle Section 4 – individual agency <strong>procedure</strong>s<br />
vii) Movement Of A Registered Child In<strong>to</strong> This<br />
Authority<br />
Where notification is received that a registered child has<br />
moved in<strong>to</strong> this Authority, the child's name must be<br />
transferred on<strong>to</strong> this Authority's Child Protection<br />
Register immediately.<br />
The relevant Team Manager / Senior Social Worker<br />
should ensure that the child is registered by telephoning<br />
the Child Protection Register Administra<strong>to</strong>r with the<br />
details.<br />
The relevant Team Manager / Senior Social Worker is<br />
responsible for ensuring that a Conference is convened,<br />
which includes representatives of the other Authority, <strong>to</strong><br />
decide on the need for continued registration on this<br />
Authority's Child Protection Register. The Conference<br />
must be convened within a maximum of 15 working<br />
days of notification that a registered child has moved<br />
in<strong>to</strong> this Authority.<br />
viii) Enquiries <strong>to</strong> the Register<br />
The Child Protection Register is open <strong>to</strong> direct enquiry<br />
from professionals who are worried about<br />
harm/potential harm <strong>to</strong> a child <strong>and</strong> want <strong>to</strong> know<br />
whether the child is the subject of an inter-agency Child<br />
Protection Plan.<br />
An enquiry <strong>to</strong> the Register will not result in a register<br />
entry or initiate enquiries under Section 47 <strong>Children</strong> Act<br />
1989 in respect of the child concerned.<br />
Enquiries should be directed <strong>to</strong> the Child Protection<br />
Register Administra<strong>to</strong>r. To safeguard confidentiality, the<br />
Administra<strong>to</strong>r will operate a “call back” system.<br />
i) Registered <strong>Children</strong><br />
If the child about whom an enquiry is made is<br />
registered, the enquirer will be informed of this <strong>and</strong><br />
given the name, location <strong>and</strong> telephone number of<br />
the Keyworker. It will be the responsibility of the<br />
enquirer <strong>to</strong> discuss their concern with the<br />
Keyworker.<br />
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cle Section 4 – individual agency <strong>procedure</strong>s<br />
ii) Non-Registered <strong>Children</strong><br />
If the child about whom an enquiry is made is not<br />
registered, or the child’s name is on the “inactive<br />
list”, the enquirer will be informed of this. He/she<br />
will also be advised <strong>to</strong> share their concern with the<br />
relevant <strong>Children</strong>’s Social Care or Cus<strong>to</strong>mer Service<br />
Centre/Call Centre.<br />
If the child about whom an enquiry is made is not<br />
registered, but there is another child on the<br />
Register living at the same address, the enquirer<br />
will be informed of this <strong>and</strong> given the name,<br />
location <strong>and</strong> telephone number of the Keyworker.<br />
iii) Log of Enquiries<br />
The Register Administra<strong>to</strong>r will maintain a log of<br />
enquiries <strong>to</strong> the Register. Where there are two or<br />
more enquiries about a child within one year of each<br />
other, the Administra<strong>to</strong>r will inform all the enquirers<br />
<strong>and</strong> ask them <strong>to</strong> consult <strong>to</strong>gether <strong>to</strong> decide whether<br />
a referral <strong>to</strong> <strong>Children</strong>’s Social Care needs <strong>to</strong> be<br />
made.<br />
The information about the enquiries <strong>to</strong> the Register<br />
in respect of any individual child will be kept for two<br />
years from the date of the last enquiry.<br />
iv) Inactive List<br />
When a Child Protection Conference decide <strong>to</strong> deregister<br />
a child, the child’s name will be retained on<br />
an Inactive List by the Register Administra<strong>to</strong>r for a<br />
period of two years, or until the child reaches the<br />
age of five, whichever is the longer.<br />
If no agency makes an enquiry <strong>to</strong> the Register<br />
during this period, the entry on the Inactive List will<br />
be destroyed. If there is an enquiry during the<br />
period, the child’s name will remain on the Inactive<br />
List for a further two-year period or until the child<br />
reaches the age of five, whichever is the longer.<br />
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4.1.38. <strong>Children</strong> Who May Be Particularly Vulnerable or<br />
Abused In Specific Circumstances<br />
Section 3 “Managing Individual Cases <strong>and</strong> 3.2<br />
“Recognition of Harm” provides information on the <strong>Children</strong><br />
<strong>and</strong> <strong>Young</strong> people identified within <strong>Working</strong> Together 2006 as<br />
being potentially particularly vulnerable or likely <strong>to</strong> be harmed<br />
because of their specific circumstances. Where appropriate<br />
Section 5 of the <strong>procedure</strong>s may provide Additional<br />
Practice Guidance (Pro<strong>to</strong>cols) that should assist staff <strong>to</strong><br />
identify <strong>and</strong> address any vulnerability.<br />
All staff <strong>and</strong> those in contact with children should take time <strong>to</strong><br />
familiarise themselves with those potentially at risk <strong>and</strong> work<br />
<strong>to</strong>wards reducing the likelihood of harm, including through<br />
direct <strong>and</strong> immediate action.<br />
4.1.39. Provision of Therapy<br />
There will be occasions when a child, who is required as a<br />
witness in court, has a need for immediate therapy prior <strong>to</strong><br />
the court hearing. There should always be discussions with the<br />
Crown Prosecution Service <strong>and</strong> the legal advisor <strong>to</strong> the<br />
<strong>Children</strong>’s Social Care Department about the particular needs<br />
of any individual child. The welfare of the child is of<br />
paramount importance.<br />
Reference should be made <strong>to</strong> Section 5 Additional Practice<br />
Guidance – “Pre Trial Therapy”.<br />
4.1.40. Allegations of abuse made against people who work with<br />
children<br />
For information on how <strong>to</strong> proceed in respect of any<br />
allegations made against any person in contact with or<br />
working with a child or young person please see the<br />
Additional Practice Guidance (Pro<strong>to</strong>col) 5.11 in Section 5:<br />
"Allegations of abuse made against people who work<br />
with children”<br />
All allegations of abuse against professionals should be reported<br />
<strong>to</strong> the Local Authority Designated Officer (LADO). For details of<br />
your Designated Officer or Named Senior Officer please see<br />
Section 6 “Contacts” or contact the East Riding <strong>Safe</strong>guarding<br />
<strong>Children</strong> Board on 01482 396999<br />
The framework for managing allegations that applies is much<br />
wider than those in which there is a reasonable cause <strong>to</strong> believe<br />
a child is suffering, or likely <strong>to</strong> suffer, significant harm. It also<br />
caters for cases of allegations that might indicate that the<br />
alleged perpetra<strong>to</strong>r is unsuitable <strong>to</strong> continue <strong>to</strong> work in his or her<br />
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present position or any capacity involving contact with children.<br />
This includes what is known as an “abuse of position of trust” as<br />
defined in the Sexual Offences Act 2003.<br />
The criteria that will be applied in respect of an allegation are<br />
that a person has;<br />
• Behaved in a way that has harmed, or may have harmed,<br />
a child<br />
• Possibly committed a criminal offence against, or related<br />
<strong>to</strong> a child; or<br />
• Behaved <strong>to</strong>wards a child or children in a way that he or<br />
she is unsuitable <strong>to</strong> work with children.<br />
There may be up <strong>to</strong> three str<strong>and</strong>s in the consideration of an<br />
allegation;<br />
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• A police investigation of a possible criminal offence<br />
• Enquiries <strong>and</strong> assessment by children’s social care<br />
about whether a child is in need of protection or in<br />
need of services<br />
• Consideration by an employer of disciplinary action<br />
in respect of the individual.<br />
The guidance includes a requirement <strong>to</strong> support<br />
those facing an allegation <strong>and</strong> outlines a timescale<br />
within which it is reasonable <strong>to</strong> expect a decision<br />
<strong>to</strong> be made in respect of any allegation <strong>to</strong> be<br />
made.<br />
The Child Care Strategic <strong>and</strong> Operational Manager<br />
must also be informed of any allegation made<br />
against a member of staff within <strong>Children</strong>’s Social<br />
Care as Local Authority disciplinary <strong>procedure</strong>s may<br />
be instigated <strong>and</strong> be run in parallel <strong>to</strong> any other<br />
investigation.<br />
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4.1.41. Appendices/Forms:<br />
1. Enquiry Form CR1<br />
2. Police Form 547<br />
547(1) form.pdf Form547(2).pdf<br />
3. Child Protection Register Card SSD/CC/CP5<br />
4. Change of Circumstances Notification SSD/CC/CP2<br />
5. Conference Minute Format<br />
Case Conf<br />
Template.doc<br />
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4.2 CHILDREN’S LEARNING SERVICES<br />
ROLES AND RESPONSIBILITES<br />
Section 11 of the <strong>Children</strong> Act 2004 <strong>and</strong> section 175 of the<br />
Education Act2002 place duties on organisations <strong>and</strong> individuals <strong>to</strong><br />
ensure that their functions are discharged with regard <strong>to</strong> the need <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children.<br />
All organisations that work with children share a commitment <strong>to</strong><br />
safeguard <strong>and</strong> promote their welfare, <strong>and</strong> for many organisations,<br />
that is underpinned by a statu<strong>to</strong>ry duty or duties.<br />
Guidance for these organisations about their duty under s11 is<br />
contained in “Making Arrangements <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong> Promote the<br />
Welfare of <strong>Children</strong> “published by DfES in August 2005 which can be<br />
found at:<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>practice/IG00042/<br />
4.2.1. Background<br />
All Education <strong>and</strong> Learning providers have a duty <strong>to</strong> carry out<br />
their functions within the various Education Acts <strong>and</strong> the <strong>Children</strong><br />
Acts with a view <strong>to</strong> meeting their safeguarding <strong>and</strong> promoting the<br />
welfare of children responsibilities under Section 175 of the<br />
Education Act 2002.<br />
This duty applies <strong>to</strong> maintained (state) schools <strong>and</strong> Further<br />
Education (FE) institutions, including 6th Form Colleges for all<br />
students under 18 years of age<br />
An equivalent duty is put on Independent schools, including<br />
Academies <strong>and</strong> Technology colleges, by regulations made under<br />
Section 157 of the 2002 Act.<br />
Under Section 87 of the <strong>Children</strong> Act 1989 Independent schools<br />
that provide accommodation for children also have a duty <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of those pupils. Boarding<br />
Schools, Residential Special Schools, <strong>and</strong> Further Education<br />
institutions that provide accommodation for children under 18,<br />
must have regard <strong>to</strong> the respective National Minimum St<strong>and</strong>ards<br />
for their establishment. These can be found at:<br />
http://www.csci.org.uk/information_for_service_providers/nation<br />
al_minimum_st<strong>and</strong>ards/default.htm<br />
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4.2.2. Statu<strong>to</strong>ry Guidance<br />
On January 1 st 2007 new DfES guidance came in<strong>to</strong> force.<br />
“<strong>Safe</strong>guarding <strong>Children</strong> <strong>and</strong> <strong>Safe</strong>r Recruitment in<br />
Education” which can be found, along with other relevant<br />
information on safeguarding <strong>and</strong> child protection, at:<br />
www.everychildmatters.gov.uk or www.teachernet.gov.uk<br />
This guidance replaces several key documents issued<br />
previously <strong>and</strong> sets out the responsibilities of all local<br />
authorities, schools <strong>and</strong> Further Education (FE) Colleges in<br />
Engl<strong>and</strong> <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children <strong>and</strong><br />
young people. It specifically replaces the following;<br />
• Child Protection: preventing Unsuitable <strong>People</strong> form<br />
working with <strong>Children</strong> <strong>and</strong> <strong>Young</strong> persons in the<br />
Education Service<br />
• Criminal Records Bureau: Managing the Dem<strong>and</strong> for<br />
Disclosures<br />
• <strong>Safe</strong>guarding <strong>Children</strong> in Education<br />
• <strong>Safe</strong>guarding <strong>Children</strong>: <strong>Safe</strong>r Recruitment <strong>and</strong> Selection<br />
in Education Settings<br />
• Dealing with Allegations of Abuse against Teachers <strong>and</strong><br />
other Staff.<br />
The guidance is also relevant for supply agencies which supply<br />
staff <strong>to</strong> the education <strong>and</strong> learning sec<strong>to</strong>r, contrac<strong>to</strong>rs who<br />
work in education establishments responsible for Under 18’s<br />
as well as other providers of education <strong>and</strong> training for those<br />
under 18 funded by the Learning <strong>and</strong> Skills Council (LSC). It<br />
also replaces the guidance contained in Checks on Supply<br />
Teachers which was issued in September 2004, Circular 7/96,<br />
Use of Supply Teachers <strong>and</strong> in the associated Guidance Notes<br />
for Teacher Employment Businesses <strong>and</strong> Agencies.<br />
The document also details the process for dealing with<br />
allegations of abuse against staff.<br />
See also Section 5 Additional Practice Guidance<br />
(Pro<strong>to</strong>cols) within these Procedures – 5.11 “Managing<br />
Allegations of Abuse Made against <strong>People</strong> Who Work<br />
With <strong>Children</strong>”.<br />
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The guidance does not cover the requirements of the new<br />
vetting <strong>and</strong> barring scheme <strong>to</strong> be introduced under the<br />
<strong>Safe</strong>guarding Vulnerable Groups Act 2008. These will be<br />
phased in from 2008 <strong>and</strong> updated guidance will be prepared in<br />
due course.<br />
4.2.3. Using these Procedures<br />
These <strong>procedure</strong>s should be read in conjunction with;<br />
Section 2 ‘Context in which action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong><br />
promote <strong>Children</strong>’s Welfare is taken’, <strong>and</strong><br />
Section 3 ‘Managing Individual Cases’ <strong>to</strong>gether with any<br />
relevant Additional Practice Guidance within Section 5<br />
4.2.4. Integrated <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong>’s Services<br />
Improving outcomes for children <strong>and</strong> young people involves<br />
changes <strong>to</strong> culture <strong>and</strong> practice across the children’s<br />
workforce. These new ways of working shift the focus from<br />
dealing with the consequences of difficulties in children <strong>and</strong><br />
young people’s lives <strong>to</strong> early intervention <strong>and</strong> effective<br />
prevention.<br />
Integrated working focuses on enabling <strong>and</strong> encouraging<br />
professionals <strong>to</strong> work <strong>to</strong>gether <strong>and</strong> adopt common practices <strong>to</strong><br />
deliver frontline services, coordinated <strong>and</strong> built around the<br />
needs of children <strong>and</strong> young people.<br />
Across the East Riding of Yorkshire, the integration of<br />
children’s services will bring <strong>to</strong>gether representatives from<br />
children’s social care, family support, the youth service, health<br />
visi<strong>to</strong>rs/school nurses, Connexions, children’s centre’s,<br />
education welfare <strong>and</strong> inclusion <strong>and</strong> appropriate voluntary<br />
organisations <strong>to</strong> create Virtual Integrated Management<br />
teams(VIMTS) <strong>and</strong> Child at the Centre Hub (CATCH) Teams.<br />
The new arrangements will build on the work of the Pathfinder<br />
<strong>Children</strong>’s Trust <strong>and</strong> the <strong>Children</strong> <strong>and</strong> <strong>Young</strong> people’s<br />
Coordination Groups.<br />
A VIMT <strong>and</strong> CATCH team will be established in each of the<br />
following localities:<br />
• Holderness<br />
• Wolds <strong>and</strong> Dale<br />
• Haltemprice<br />
• Goole, Snaith <strong>and</strong> Howden<br />
• Bridling<strong>to</strong>n <strong>and</strong> Driffield<br />
• Beverley<br />
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The VIMT brings <strong>to</strong>gether operational managers from the<br />
various services with an overall purpose <strong>to</strong> promote joint<br />
working, identify need, agree priorities <strong>and</strong> moni<strong>to</strong>r progress.<br />
They have a key role in local implementation of the Common<br />
Assessment Framework (CAF), Information Sharing (IS) Index<br />
<strong>and</strong> the Lead Professional role. These all make important<br />
contributions in respect of the duty <strong>to</strong> safeguard <strong>and</strong> promote<br />
the welfare of children.<br />
The CATCH Team brings <strong>to</strong>gether practitioners from all the<br />
key local services, enabling them <strong>to</strong> be informed of progress<br />
regarding integration, <strong>to</strong> identify <strong>and</strong> share good practice <strong>and</strong><br />
develop a further underst<strong>and</strong>ing of roles. They will also<br />
support the local implementation of the Common Assessment<br />
Framework (CAF), Information Sharing (IS) Index <strong>and</strong> the<br />
Lead Professional role.<br />
The local <strong>Children</strong>’s Social Care Teams retain lead<br />
responsibility for ensuring that children are protected from<br />
significant harm whilst the VIMT <strong>and</strong> CATCH teams should be<br />
seen as an integral part of the broad range of safeguarding<br />
processes <strong>and</strong> social welfare, so that children <strong>and</strong> families can<br />
be helped <strong>and</strong> supported in an integrated way which<br />
recognises the range <strong>and</strong> diversity of their needs <strong>and</strong><br />
strengths.<br />
For further information on East Riding Integrated <strong>Children</strong> <strong>and</strong><br />
<strong>Young</strong> <strong>People</strong>’s Services please refer <strong>to</strong> the following<br />
documents<br />
• H<strong>and</strong>book for Practitioners <strong>and</strong> Managers<br />
• Glossary of Terms<br />
4.2.5. Thresholds for Intervention<br />
“Clear thresholds <strong>and</strong> processes, <strong>and</strong> a common<br />
underst<strong>and</strong>ing of them across local partners, may help <strong>to</strong><br />
reduce the number of inappropriate referrals <strong>and</strong> <strong>to</strong> improve<br />
the effectiveness of joint work, leading <strong>to</strong> the more effective<br />
use of resources” (<strong>Working</strong> Together 2006 Chapter 3<br />
paragraph 3.21).<br />
Research indicates that there is significant inconsistency<br />
amongst different professional groups, <strong>and</strong> even within<br />
professional groups, regarding what constitutes a “concern”<br />
about a child’s welfare, <strong>and</strong> more crucially, what action should<br />
be taken, particularly by children’s social care, in response <strong>to</strong><br />
the concern. A range of fac<strong>to</strong>rs, including those personal <strong>to</strong><br />
the adult concerned, will influence how the circumstances of a<br />
child are perceived <strong>and</strong> interpreted by the adults around them.<br />
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4.2.6. The Relationship between Vulnerable <strong>Children</strong>, <strong>Children</strong><br />
in Need <strong>and</strong> <strong>Children</strong> at Risk of Significant Harm.<br />
The welfare of many children <strong>and</strong> young people, living in a<br />
wide range of circumstances, may at some point during their<br />
childhood cause concern <strong>to</strong> an adult or adults around them. In<br />
the majority of cases the concerns are likely <strong>to</strong> be short lived,<br />
being related <strong>to</strong> a specific event or temporary circumstance,<br />
<strong>and</strong> will require minimal intervention from adults outside of<br />
the child’s immediate or wider family.<br />
However a minority of children <strong>and</strong> young people may be<br />
regarded as vulnerable because they are growing up in<br />
adverse environmental or family circumstances <strong>and</strong> are<br />
consequently experiencing greater than average levels of<br />
stress. Vulnerable children may benefit from extra help from<br />
universal services in order <strong>to</strong> improve their wellbeing <strong>and</strong><br />
reach their full potential.<br />
Within the wider group of vulnerable children there is a<br />
smaller sub group of children who will fall within the statu<strong>to</strong>ry<br />
definition of a child in need, <strong>and</strong> who may benefit from the<br />
provision of targeted, more specialist services from children’s<br />
social care, in addition <strong>to</strong> extra help from universal services.<br />
This group will also include those children defined as being<br />
disabled by the <strong>Children</strong> Act 1989.<br />
Within the group of children who are defined as being in need<br />
under the <strong>Children</strong> Act 1989, there is a further small sub<br />
group of children who are suffering significant harm, or<br />
likely <strong>to</strong> suffer significant harm. <strong>Children</strong>’s Social Care has<br />
a duty <strong>to</strong> intervene <strong>to</strong> ensure the protection of these children,<br />
as well as consider whether they may benefit from targeted<br />
services.<br />
The boundaries between these different groups of children (or<br />
levels of need) are not rigid or fixed. <strong>Children</strong> may fall in <strong>and</strong><br />
out of the different categories briefly, or for longer periods at<br />
different stages in their lives.<br />
There is a duty on LSCB’s <strong>to</strong> work with the local <strong>Children</strong>’s<br />
Trust <strong>to</strong> establish local thresholds <strong>and</strong> upon all individuals in<br />
contact with, or directly working with, children <strong>and</strong> young<br />
people <strong>and</strong> their parents or carers <strong>to</strong> ensure they are aware<br />
of, <strong>and</strong> take action within the local criteria. Training, briefings<br />
<strong>and</strong> an ongoing dialogue play an important part in developing<br />
a shared underst<strong>and</strong>ing which is essential for effective joint<br />
working <strong>and</strong> intervention.<br />
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4.2.7. The Common Assessment Framework (CAF)<br />
The Common Assessment Framework (CAF) is being rolled out<br />
across the East Riding <strong>and</strong> provides a common process for an<br />
early holistic approach <strong>to</strong> identify more accurately <strong>and</strong> speedily<br />
a child/young person's additional needs. I t will be used by all<br />
those working with children, young people <strong>and</strong> families <strong>and</strong> will<br />
enable them <strong>to</strong>:<br />
• develop a common language<br />
• develop a common underst<strong>and</strong>ing of thresholds of need<br />
<strong>and</strong> interventions,<br />
• share information appropriately <strong>and</strong> effectively<br />
• identify who (agency/organisation/professional <strong>and</strong> family<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
member) is best placed <strong>to</strong> respond <strong>to</strong> any identified<br />
additional need<br />
• improve the quality of referrals between agencies<br />
• prevent duplication for children/families <strong>and</strong> professionals<br />
where further assessment is required<br />
Where a child or young person has additional needs; a lead<br />
professional/worker will be identified who will<br />
• provide a key point of contact for the child, family <strong>and</strong><br />
those working <strong>to</strong> support them<br />
• ensure a co-ordinated response <strong>to</strong> meet identified needs<br />
• plan, moni<strong>to</strong>r <strong>and</strong> review the support <strong>and</strong> services offered<br />
I f at any time, during the CAF process, concerns arise that a<br />
child/young person is at risk of significant harm, a referral will<br />
need <strong>to</strong> be made <strong>to</strong> <strong>Children</strong>'s Social Care.<br />
The interface process between the CAF <strong>and</strong> <strong>Children</strong>’s Social<br />
Care has been developed <strong>to</strong> ensure that children <strong>and</strong> young<br />
people do not "slip through the net" <strong>and</strong> receive appropriately<br />
the services <strong>and</strong> support they require. I t is designed <strong>to</strong> ensure<br />
those working within <strong>Children</strong>'s Social Care <strong>and</strong> professionals<br />
from other agencies have meaningful discussions, share<br />
information effectively <strong>and</strong> appropriately <strong>and</strong> determine who is<br />
responsible by;<br />
• Identifying the lead agency,<br />
• Agreeing who will be the lead professional, <strong>and</strong><br />
• Arranging a Child with Additional Needs Meeting (CWANM)<br />
where appropriate.<br />
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When consultation between <strong>Children</strong>'s Social Care <strong>and</strong> other<br />
professionals takes place it will be recorded by the<br />
professional being consulted (in most cases this will be<br />
<strong>Children</strong>'s Social Care.) A copy of the consultation record will<br />
be sent <strong>to</strong> the professional who sought the advice. Where<br />
actions <strong>to</strong> be taken or decisions cannot be agreed, both parties<br />
should seek advice from their respective managers, <strong>and</strong>/or<br />
their named professional for Child Protection. Where this<br />
relates <strong>to</strong> CAF, the CAF team will also be available for<br />
consultation.<br />
4.2.8. <strong>Children</strong>'s Social Care Responsibilities<br />
<strong>Children</strong>'s Social Care's responsibility is <strong>to</strong> ensure that children<br />
are protected from significant harm. This should be seen in the<br />
context of the broad range of safeguarding processes <strong>and</strong> social<br />
welfare, so that children <strong>and</strong> families can be helped <strong>and</strong><br />
supported in an integrated way which recognises the range<br />
<strong>and</strong> diversity of their needs <strong>and</strong> strengths.<br />
A child who is at risk of significant harm is a child in need, <strong>and</strong><br />
<strong>Children</strong>'s Social Care are responsible for co-ordinating an<br />
assessment of the child's needs, the parents' capacity <strong>to</strong> <strong>keep</strong><br />
the child safe <strong>and</strong> promote her/his welfare, <strong>and</strong> the wider<br />
family circumstances. The Framework for the Assessment<br />
of <strong>Children</strong> in Need <strong>and</strong> their Families is the corners<strong>to</strong>ne<br />
of this process.<br />
I n the majority of cases children are safeguarded from harm<br />
by working with parents, family members <strong>and</strong> other significant<br />
adults within the family setting.<br />
Where a child is at continuing risk of significant harm,<br />
<strong>Children</strong>'s Social Care are responsible for co-ordinating an<br />
inter-agency Child Protection Plan <strong>to</strong> safeguard the child,<br />
which sets out <strong>and</strong> draws upon the contributions of family<br />
members, professionals <strong>and</strong> other agencies. I n a few cases,<br />
where a child's welfare cannot be sufficiently safeguarded at<br />
home, <strong>Children</strong>'s Social Care may apply <strong>to</strong> the Court for a<br />
Care Order (if the necessary statu<strong>to</strong>ry criteria are met)<br />
committing the child <strong>to</strong> the care of the Local Authority.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
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4.2.9. Schools <strong>and</strong> Further Education institutions<br />
In responding <strong>to</strong> their duty <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of their pupils they should;<br />
• Create <strong>and</strong> maintain a safe learning environment for<br />
children <strong>and</strong> young people; <strong>and</strong>,<br />
• Help identify child welfare concerns <strong>and</strong> take action <strong>to</strong><br />
address them, in partnership with other organisations<br />
where appropriate.<br />
They have a key role <strong>to</strong> play by referring concerns about those<br />
issues <strong>to</strong> children's social care, providing information for police<br />
investigations <strong>and</strong>/or enquiries under s.47 of the <strong>Children</strong> Act<br />
1989, <strong>and</strong> by contributing <strong>to</strong> assessments.<br />
Where a child of school age is the subject of an inter-agency<br />
child protection plan, the school should be involved in the<br />
preparation of the plan. The school’s role <strong>and</strong> responsibilities<br />
in contributing <strong>to</strong> actions <strong>to</strong> safeguard the child, <strong>and</strong> promote<br />
his or her welfare, should be clearly identified.<br />
Special schools, including non maintained special schools <strong>and</strong><br />
Independent schools, which provide medical <strong>and</strong>/or nursing<br />
care should ensure that their medical <strong>and</strong> nursing staff have<br />
appropriate training <strong>and</strong> access <strong>to</strong> advice on child protection<br />
<strong>and</strong> safeguarding <strong>and</strong> promoting the welfare of children.<br />
4.2.10. Creating a safe learning environment<br />
This means having effective arrangements in place <strong>to</strong> address<br />
a range of issues. Some are subject <strong>to</strong> statu<strong>to</strong>ry requirements<br />
e.g.<br />
• child protection arrangements,<br />
• pupil health <strong>and</strong> safety, <strong>and</strong><br />
• bullying.<br />
It also includes arrangements for;<br />
• meeting the health needs of children with medical<br />
conditions,<br />
• providing first aid,<br />
• school security,<br />
• tackling drugs <strong>and</strong> substance misuse, <strong>and</strong>,<br />
• having arrangements in place <strong>to</strong> safeguard <strong>and</strong> promote<br />
the welfare of children on extended vocational or work<br />
experience placements, including Alternative Learning<br />
Programmes, <strong>and</strong> School Outings, Trips <strong>and</strong> Holidays<br />
etc.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
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4.2.11. Developing Resilience<br />
Schools <strong>and</strong> other Education Institutions also contribute <strong>to</strong><br />
<strong>Safe</strong>guarding through the curriculum by developing children’s<br />
underst<strong>and</strong>ing, awareness <strong>and</strong> resilience.<br />
The Personal, Social <strong>and</strong> Health Education (PSHE) materials<br />
provide resources that enable schools <strong>to</strong> tackle healthy<br />
relationships including domestic violence, bullying <strong>and</strong> abuse.<br />
This enables children <strong>and</strong> young people <strong>to</strong> learn about <strong>keep</strong>ing<br />
safe <strong>and</strong> how <strong>to</strong> manage <strong>and</strong> recognise risks in different<br />
situations <strong>and</strong> resist pressures from others which might<br />
threaten their personal safety.<br />
Discussions about personal safety <strong>and</strong> <strong>keep</strong>ing safe can<br />
reinforce the message that any kind of violence or intimidation<br />
is unacceptable<br />
4.2.12. The Designated Senior person for Child Protection.<br />
Schools <strong>and</strong> FE institutions must have a senior member of<br />
staff <strong>and</strong> or a designated Child Protection Co-ordina<strong>to</strong>r who is<br />
trained <strong>to</strong> take lead responsibility for dealing with child protection<br />
issues, providing advice <strong>and</strong> support <strong>to</strong> other staff, liaising with the<br />
Local Authority (LA), <strong>and</strong> working with other organisations as<br />
necessary.<br />
Wherever possible the Head Teacher/Principal should not be the Child<br />
Protection Co-ordina<strong>to</strong>r.<br />
They should have a working knowledge of how LSCB’s function<br />
<strong>and</strong> ensure all school staff undertake appropriate training. An<br />
important aspect of their role is liaison with the Local<br />
Authority Child Protection Officer (Schools)<br />
A school or FE institution should remedy any deficiencies or<br />
weaknesses in its arrangements for safeguarding <strong>and</strong><br />
promoting welfare that are brought <strong>to</strong> its attention without<br />
delay.<br />
Where a child of school age is the subject of an inter-agency<br />
child protection plan, the school should be involved in the<br />
preparation of the plan. The school’s role <strong>and</strong> responsibilities<br />
in contributing <strong>to</strong> actions <strong>to</strong> safeguard the child, <strong>and</strong> promote<br />
his or her welfare, should be clearly identified.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
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If the Child Protection Co-ordina<strong>to</strong>r, Head Teacher/Principal or other<br />
senior member of staff is not available, the person who suspects harm<br />
must take responsibility for making a child protection referral. If they<br />
feel that a concern they have passed on has not been acted upon, they<br />
should contact the Local Authority Child Protection Officer (Schools).<br />
See Section 6 “Contacts” for details<br />
4.2.13. Physical Contact with Pupils <strong>and</strong> the use of Restraint<br />
Corporal punishment is outlawed for all pupils in all schools,<br />
including independent schools, <strong>and</strong> FE institutions. The law<br />
forbids a teacher or other member of staff using any degree of<br />
physical contact which is deliberately intended <strong>to</strong> punish a<br />
pupil, or which is primarily intended <strong>to</strong> cause pain or injury or<br />
humiliation.<br />
Teachers at a school are allowed <strong>to</strong> use reasonable force <strong>to</strong><br />
control or restrain pupils under certain circumstances. Other<br />
staff may also do so, in the same way as teachers, provided<br />
they have been authorised by the head teacher <strong>to</strong> have<br />
control or charge of pupils.<br />
All schools should have a <strong>policy</strong> about the use of force <strong>to</strong><br />
control or restrain pupils. Further guidance is available at:<br />
http://www.dfes.gov.uk/publications/guidanceonthela<br />
w/10_98/summary.htm<br />
4.2.14. When a child or young person requires urgent medical<br />
attention <strong>and</strong> there is a suspicion of harm<br />
The welfare of the child or young person is paramount. When<br />
urgent medical attention is required <strong>and</strong> there is a suspicion of<br />
harm, arrangements should be made for the child or young<br />
person <strong>to</strong> be taken <strong>to</strong> a Hospital Accident <strong>and</strong> Emergency<br />
Department immediately. A child protection referral should be<br />
made, <strong>and</strong> the parents notified unless this is not in the best<br />
interests of the child.<br />
This decision not <strong>to</strong> inform parents should only be taken after<br />
discussions <strong>and</strong> consultations with the Schools Child Protection<br />
Co-ordina<strong>to</strong>r or Head Teacher/Principal.<br />
An immediate referral should be made <strong>to</strong> <strong>Children</strong>’s Social<br />
Care in accordance with the following <strong>procedure</strong>.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
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4.2.15. Action <strong>to</strong> be taken when there is a suspicion of harm<br />
Where harm is suspected, it is essential that <strong>procedure</strong>s are<br />
followed carefully.<br />
Where teachers or non-teaching staff see signs, including<br />
injuries, which cause them concern, they may have the<br />
opportunity <strong>to</strong> seek information from the child or young<br />
person with tact <strong>and</strong> sympathy using open-ended questions.<br />
If the responses give cause for concern, the member of staff<br />
should report their suspicion of harm immediately <strong>to</strong> the<br />
Child Protection Co-ordina<strong>to</strong>r or Head Teacher/Principal.<br />
If harm is suspected, it is essential <strong>to</strong> have a record of all the<br />
information available. The record must include the date <strong>and</strong><br />
time of events <strong>and</strong> the reasons for suspicion.<br />
Staff should note carefully in writing what they have observed<br />
<strong>and</strong> when they observed it. Signs of physical injury should be<br />
described in detail, or sketched.<br />
Any comment by any person about how an injury occurred<br />
should be recorded, preferably quoting words actually used, as<br />
soon as possible after the comment has been made.<br />
Remember, however, that the child should not be questioned<br />
further, or investigations carried out by the school. It is other<br />
agencies that have a legal duty <strong>to</strong> carry out detailed<br />
investigations.<br />
Suspicions may also be aroused when there has been a series<br />
of concerns expressed about a child or young person’s welfare<br />
over a period of time. It is important that members of staff<br />
share concerns with the Child Protection Co-ordina<strong>to</strong>r as they<br />
arise. Concerns should be recorded in writing in order <strong>to</strong> build<br />
up a comprehensive picture.<br />
In some instances a child or young person may disclose harm<br />
<strong>to</strong> a trusted member of staff. It is important <strong>to</strong> listen, but not<br />
ask leading questions. It is essential <strong>to</strong> record in writing both<br />
what the child has said <strong>and</strong> what, if anything, you have asked<br />
the child. Time, date <strong>and</strong> setting should also be recorded.<br />
4.2.16. Involving <strong>Children</strong> <strong>and</strong> Families<br />
In the process of finding out what is happening <strong>to</strong> a child it is<br />
important <strong>to</strong> listen <strong>and</strong> develop an underst<strong>and</strong>ing of his or her<br />
wishes <strong>and</strong> feelings. The importance of developing a cooperative<br />
working relationship is emphasised, so that parents<br />
or caregivers feel respected <strong>and</strong> informed, they believe agency<br />
staff are being open <strong>and</strong> honest with them, <strong>and</strong> in turn they<br />
are confident about providing vital information about their<br />
child, themselves <strong>and</strong> their circumstances.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
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The consent of children, young people <strong>and</strong> their parents or<br />
caregivers should be obtained when sharing information<br />
unless <strong>to</strong> do so would place the child at risk of significant<br />
harm.<br />
Decisions should also be made with their agreement,<br />
whenever possible, unless <strong>to</strong> do so could place the child at risk<br />
of significant harm.<br />
4.2.17. Action <strong>to</strong> be taken by the Child Protection Co-ordina<strong>to</strong>r<br />
or Head Teacher/Principal when there is a suspicion of<br />
harm<br />
When a member of staff has shared their suspicions of harm<br />
with the Child Protection Co-ordina<strong>to</strong>r or Head<br />
Teacher/Principal <strong>and</strong> it is agreed that a child protection<br />
referral <strong>to</strong> <strong>Children</strong>’s Social care should be made then this<br />
should be done in the first instance by telephone <strong>to</strong>:<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
• The East Riding of Yorkshire Council Cus<strong>to</strong>mer Contact<br />
Line 01482 393939 – 8.30am <strong>to</strong> 5.00pm Monday <strong>to</strong><br />
Thursday, 8.00am <strong>to</strong> 4.30pm Friday.<br />
• Outside these hours <strong>to</strong> the East Riding Emergency Duty<br />
Team on 01482 880826<br />
The time of the child protection referral should be recorded.<br />
The Child Protection Co-ordina<strong>to</strong>r making the referral should<br />
confirm with the member of staff reporting the concern that<br />
this has been done. See above for guidance on discussing<br />
concerns with parents.<br />
In exceptional circumstances where the referral cannot be<br />
made in the usual way, a referral should be made <strong>to</strong> the Police<br />
Child Protection Unit, or if they are unavailable <strong>to</strong> any Police<br />
Station. See Section 6 “Contacts” for details.<br />
If there is uncertainty about the status of a referral, you<br />
should telephone the local Child Care Management Team <strong>and</strong><br />
seek advice from the Duty Officer. See Section 6<br />
“Contacts” for details.<br />
If the child lives in the area of another local authority, the<br />
school should still make a child protection referral as above.<br />
The Child Care Management Team will make contact with the<br />
Local Authority where the child lives.<br />
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In every instance a telephone referral should be followed<br />
within 48 hours by a written referral giving specific <strong>and</strong> detailed<br />
information. See the template/pro forma. A copy should also be<br />
sent <strong>to</strong> the LA Child Protection Officer.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
schools referral.doc<br />
There may be occasions when a pupil refuses <strong>to</strong> go home or<br />
there is an indication they may be in immediate danger of<br />
harm. In such circumstances, the Child Protection Coordina<strong>to</strong>r<br />
/ Head Teacher/Principal should liaise with the<br />
<strong>Children</strong>’s Social Care as <strong>to</strong> the appropriate course of action <strong>to</strong><br />
be taken.<br />
However, schools should be aware that they cannot in law<br />
detain a child beyond the end of the normal school day<br />
without due cause. A child or young person thought <strong>to</strong> be at<br />
immediate risk of significant harm may meet these criteria.<br />
4.2.18. During the investigation<br />
The Head Teacher/Principal should inform the Chair of<br />
Governors as soon as possible that a referral has been made<br />
without revealing the child’s name or other personal details.<br />
Confidentiality for the individual should be observed.<br />
Under normal circumstances, a child or young person will not<br />
be interviewed in school. However, if this is the case, a parent<br />
or other responsible adult should be present in accordance<br />
with the child‘s wishes provided that the person attended is<br />
not believed <strong>to</strong> be the alleged perpetra<strong>to</strong>r.<br />
If the child/young person is interviewed elsewhere, for<br />
example at a video suite, they may wish a member of staff, or<br />
responsible adult, <strong>to</strong> accompany them <strong>to</strong> give support.<br />
A member of staff may be invited <strong>to</strong> contribute <strong>to</strong>, or attend, a<br />
Strategy Discussion/Meeting. It is important that the member<br />
of staff is released <strong>to</strong> do this, in accordance with the child or<br />
young person’s wishes.<br />
Subsequent <strong>to</strong> the investigation, members of staff may be<br />
required <strong>to</strong> contribute <strong>to</strong> assessments for or give evidence in<br />
court <strong>and</strong> will be invited <strong>to</strong> attend Child Protection Conferences <strong>and</strong> be<br />
a member of the Core Group. Head Teachers must release staff <strong>to</strong><br />
enable them <strong>to</strong> do this.<br />
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4.2.19. Allegations of Abuse Made Against <strong>People</strong> Who Work<br />
With <strong>Children</strong>.<br />
For information on how <strong>to</strong> proceed in respect of any<br />
allegations made against any person in contact with or<br />
working with a child or young person please see the<br />
Additional Practice Guidance (Pro<strong>to</strong>col) 5.11 in Section 5:<br />
"Allegations of abuse made against people who work<br />
with children”<br />
All allegations of abuse against professionals should be reported<br />
<strong>to</strong> the Local Authority Designated Officer (LADO). For details of<br />
your Designated Officer or Named Senior Officer please see<br />
Section 6 “Contacts” or contact the East Riding <strong>Safe</strong>guarding<br />
<strong>Children</strong> Board on 01482 396999<br />
The framework for managing allegations that applies is much<br />
wider than those in which there is a reasonable cause <strong>to</strong> believe<br />
a child is suffering, or likely <strong>to</strong> suffer, significant harm. It also<br />
caters for cases of allegations that might indicate that the<br />
alleged perpetra<strong>to</strong>r is unsuitable <strong>to</strong> continue <strong>to</strong> work in his or her<br />
present position or any capacity involving contact with children.<br />
This includes what is known as an “abuse of position of trust” as<br />
defined in the Sexual Offences Act 2003.<br />
The criteria that will be applied in respect of an allegation are<br />
that a person has;<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
• Behaved in a way that has harmed, or may have harmed,<br />
a child<br />
• Possibly committed a criminal offence against, or related<br />
<strong>to</strong> a child; or<br />
• Behaved <strong>to</strong>wards a child or children in a way that he or<br />
she is unsuitable <strong>to</strong> work with children.<br />
There may be up <strong>to</strong> three str<strong>and</strong>s in the consideration of an<br />
allegation;<br />
• A police investigation of a possible criminal offence<br />
• Enquiries <strong>and</strong> assessment by children’s social care about<br />
whether a child is in need of protection or in need of<br />
services<br />
• Consideration by an employer of disciplinary action in<br />
respect of the individual.<br />
The guidance includes a requirement <strong>to</strong> support those facing<br />
an allegation <strong>and</strong> outlines a timescale within which it is<br />
reasonable <strong>to</strong> expect a decision <strong>to</strong> be made in respect of any<br />
allegation <strong>to</strong> be made.<br />
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The relevant Head Teacher <strong>and</strong> the Head of Governors within<br />
a School or FE setting or the appropriate Senior Manager<br />
within an organisation must be informed of any allegation<br />
made against a member of staff.<br />
Where the allegation is against the Head Teacher/Principal, the person<br />
informed of the allegation should immediately contact the LA Child<br />
Protection (Schools) Officer or a Senior Manager within the LA<br />
Education or <strong>Children</strong>’s Social Care service.<br />
4.2.20. <strong>Children</strong> Who May Be Particularly Vulnerable or Abused<br />
In Specific Circumstances<br />
Section 3 “Managing Individual Cases <strong>and</strong> 3.2<br />
“Recognition of Harm” provides information on the <strong>Children</strong><br />
<strong>and</strong> <strong>Young</strong> people identified within <strong>Working</strong> Together 2006 as<br />
being potentially particularly vulnerable or likely <strong>to</strong> be harmed<br />
because of their specific circumstances. Where appropriate<br />
Section 5 of the <strong>procedure</strong>s may provide Additional<br />
Practice Guidance (Pro<strong>to</strong>cols) that should assist staff <strong>to</strong><br />
identify <strong>and</strong> address any vulnerability.<br />
All staff <strong>and</strong> those in contact with children should take time <strong>to</strong><br />
familiarise themselves with those potentially at risk <strong>and</strong> work<br />
<strong>to</strong>wards reducing the likelihood of harm, including through<br />
direct <strong>and</strong> immediate action.<br />
4.2.21. Early Years Education <strong>and</strong> Childcare including Extended<br />
Use of Schools<br />
This includes;<br />
• <strong>Children</strong>'s Centre’s<br />
• Nurseries (including workplace nurseries)<br />
• Childminders<br />
• Playgroups<br />
• Holiday Play Schemes <strong>and</strong> out of school<br />
Activities<br />
• Breakfast Clubs etc.<br />
These services are key <strong>to</strong> the early identification of difficulties<br />
<strong>and</strong>, the provision of early intervention <strong>to</strong> radically improve<br />
children's life chances. Research shows that high quality early<br />
education <strong>and</strong> positive early experiences leads <strong>to</strong> better social<br />
<strong>and</strong> educational outcomes for children.<br />
Managers, supervisors <strong>and</strong> workers should familiarise<br />
themselves with the LSCB <strong>procedure</strong>s <strong>and</strong> in particular refer <strong>to</strong><br />
Section 2 “Context in Which Action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong><br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
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Promote <strong>Children</strong>’s Welfare is Taken” <strong>and</strong> Section 3<br />
“Managing Individual Cases”<br />
All organisations or groups providing education, childcare or<br />
activities for children <strong>and</strong> young people should have a<br />
Designated Person <strong>to</strong> be responsible for child protection<br />
matters. He or she will be the person with lead responsibility<br />
for <strong>Safe</strong>guarding <strong>and</strong> Promoting the welfare of children. They<br />
should avail themselves of the Training provided by the LSCB<br />
<strong>and</strong> establish systems within their organisation <strong>to</strong> assist staff<br />
<strong>to</strong> identify potential safeguarding fac<strong>to</strong>rs <strong>and</strong> be confident that<br />
they can respond appropriately.<br />
There are likely <strong>to</strong> be requirements linked <strong>to</strong> a Registration<br />
<strong>and</strong> or Inspection process which lays down minimum<br />
st<strong>and</strong>ards <strong>and</strong> each setting will need <strong>to</strong> address these.<br />
If workers in these settings suspect that a child has<br />
been subject <strong>to</strong> significant harm, they should follow the<br />
same <strong>procedure</strong>s given above for Schools <strong>and</strong> FE<br />
institutions above in sections 4.2.1 - 4.2.20. Please note<br />
in particular;<br />
Section 4.2.17 “Action <strong>to</strong> be taken by a Child Protection<br />
Co-ordina<strong>to</strong>r / Principal Head Teacher when there is<br />
Suspicion of Harm” <strong>and</strong>;<br />
Section 4.2.19 “Allegations of Abuse Made against<br />
<strong>People</strong> Who Work With <strong>Children</strong>.”<br />
Managers <strong>and</strong> Providers must remember that their duty <strong>to</strong><br />
safeguard <strong>and</strong> promote welfare includes a responsibility <strong>to</strong><br />
ensure that anyone having contact with a child or young<br />
person within their service is safe <strong>to</strong> do so. This also applies <strong>to</strong><br />
agency or supply workers, contrac<strong>to</strong>rs, entertainers <strong>and</strong><br />
volunteers especially if they will be having regular<br />
unsupervised contact with children. This requirement should<br />
be addressed as part of any agreement for a grant or contract.<br />
4.2.22. Local Authority Support Services <strong>Working</strong> in Schools<br />
<strong>and</strong> Further Education Institutions<br />
This includes the following services;<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 196 of 461
cle Section 4 – individual agency <strong>procedure</strong>s<br />
• Education Welfare Service (EWS)<br />
• Educational Psychology <strong>and</strong> Behaviour Support<br />
Team (EPBST)<br />
• Special Educational Needs Support Service<br />
(SENSS)<br />
• School Improvement Service<br />
• Schools Music Service<br />
• Home Tuition Service<br />
• Education Business Link Organisation (EBLO)<br />
• East Riding Training Services<br />
Managers, supervisors <strong>and</strong> workers should familiarise<br />
themselves with the LSCB <strong>procedure</strong>s <strong>and</strong> in particular refer <strong>to</strong><br />
Section 2 “Context in Which Action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong><br />
Promote <strong>Children</strong>’s Welfare is Taken” <strong>and</strong> Section 3<br />
“Managing Individual Cases”<br />
Within each of these services there should be a nominated<br />
“champion” for safeguarding <strong>and</strong> promoting the welfare of<br />
children but lead responsibility <strong>and</strong> the role of Child Protection<br />
Coordina<strong>to</strong>r can be shared across one or more of these<br />
services.<br />
Services operating in a number of different schools should<br />
ensure that all staff are informed about the arrangements for<br />
Child Protection in the East Riding of Yorkshire. They should,<br />
on their first visit each academic year, be provided by the<br />
school with the name of the Child Protection Co-ordina<strong>to</strong>r.<br />
Action <strong>to</strong> be taken when there is a suspicion of harm<br />
If workers in these settings suspect that a child has been<br />
subject <strong>to</strong> significant harm, they should consult <strong>procedure</strong>s<br />
given above for Schools <strong>and</strong> FE institutions above in<br />
sections 4.2.1 - 4.2.20. Please note in particular;<br />
Section 4.2.17 “Action <strong>to</strong> be taken by a Child Protection<br />
Co-ordina<strong>to</strong>r / Principal Head Teacher when there is<br />
Suspicion of Harm” <strong>and</strong>;<br />
Section 4.2.19 “Allegations of Abuse Made against<br />
<strong>People</strong> Who Work With <strong>Children</strong>.”<br />
If a member of staff suspects harm <strong>to</strong> a child whilst working in<br />
a school/FE institution, he/she should inform the Child<br />
Protection Co-ordina<strong>to</strong>r or a senior member of staff<br />
immediately.<br />
If a member of staff suspects harm outside school/FE<br />
institution or outside school hours, he/she should inform<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 197 of 461
his/her line manager. A child protection referral should be<br />
made in accordance with guidance in Section 4.2.17 above.<br />
If a child or young person is seen <strong>to</strong> be in need of urgent<br />
medical attention, arrangements should be made for the child<br />
or young person <strong>to</strong> be taken <strong>to</strong> a Hospital Accident <strong>and</strong><br />
Emergency Department immediately.<br />
Allegations against a member of staff or person working<br />
with children <strong>and</strong> young people in a school or FE<br />
institution<br />
If there is an allegation against a person working with a child or<br />
young person please refer <strong>to</strong> Section 4.2.19 above.<br />
If the allegation is made during school/college time, the person<br />
<strong>to</strong> whom the allegation is made should inform the Head<br />
Teacher/Principal, unless the allegation is against the Head<br />
Teacher/Principal. The Head Teacher/Principal will then<br />
immediately inform the LA Child Protection (Schools) Officer,<br />
<strong>and</strong> confirm with the member of staff reporting the concern that<br />
this has been done.<br />
Where the allegation is against the Head Teacher/Principal, the<br />
LA Child Protection Officer, see Section 6 Contacts, should be<br />
informed immediately.<br />
All available information should be recorded <strong>and</strong> copies<br />
forwarded <strong>to</strong> the Head Teacher/Principal, unless the allegation<br />
is against him/her, <strong>and</strong> LA Child Protection Officer.<br />
Allegations against a member of staff of a Local Authority<br />
support service<br />
If an allegation is made against a member of a Local Authority<br />
support service, a referral should be made in accordance with<br />
the guidance in Section 4.2.19 above.<br />
In addition, the matter should be immediately referred <strong>to</strong> their<br />
line manager <strong>and</strong> the LA Child Protection (Schools) Officer. See<br />
Section 6 Contacts.<br />
4.2.23 Youth Service<br />
All Youth Service staff (including full-time, part-time <strong>and</strong><br />
voluntary workers in LA Youth Organisations, <strong>and</strong> LA<br />
funded staff in the voluntary sec<strong>to</strong>r)<br />
These <strong>procedure</strong>s <strong>and</strong> guidelines apply <strong>to</strong> children <strong>and</strong> young<br />
people under the age of 18. All Youth <strong>and</strong> Community Workers<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 198 of 461
need <strong>to</strong> be alert <strong>to</strong> signs of abuse <strong>and</strong> neglect <strong>and</strong> know how <strong>to</strong><br />
act on concerns.<br />
Managers, supervisors <strong>and</strong> workers should familiarise themselves<br />
with the LSCB <strong>procedure</strong>s <strong>and</strong> in particular refer <strong>to</strong> Section 2<br />
“Context in Which Action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong> Promote<br />
<strong>Children</strong>’s Welfare is Taken” <strong>and</strong> Section 3 “Managing<br />
Individual Cases”<br />
LA youth services should assist workers in balancing the desire <strong>to</strong><br />
maintain confidentiality between the young person <strong>and</strong> the<br />
worker <strong>and</strong> the duty <strong>to</strong> safeguard <strong>and</strong> promote the welfare of the<br />
young person <strong>and</strong> others.<br />
Managers <strong>and</strong> Providers must remember that their duty <strong>to</strong><br />
safeguard <strong>and</strong> promote welfare includes a responsibility <strong>to</strong> ensure<br />
that anyone having contact with a child or young person within<br />
their service is safe <strong>to</strong> do so.<br />
This also applies <strong>to</strong> agency or supply workers, contrac<strong>to</strong>rs,<br />
entertainers <strong>and</strong> volunteers especially if they will be having<br />
regular unsupervised contact with children. This requirement<br />
should be addressed as part of any agreement for a grant or<br />
contract.<br />
The Youth Service must have a designated Child Protection Coordina<strong>to</strong>r<br />
who is trained <strong>to</strong> recognise harm <strong>and</strong> <strong>to</strong> advise <strong>and</strong><br />
help staff in contact with suspected harm.<br />
If a child or young person is seen <strong>to</strong> be in need of urgent medical<br />
attention, arrangements should be made for him/her <strong>to</strong> be taken<br />
<strong>to</strong> a Hospital Accident <strong>and</strong> Emergency Department immediately.<br />
Action <strong>to</strong> be taken by Youth Workers when there is a<br />
suspicion of harm<br />
If workers in these settings suspect that a child has been subject<br />
<strong>to</strong> significant harm, they should consult <strong>procedure</strong>s given<br />
above for Schools <strong>and</strong> FE institutions above in sections<br />
4.2.1 - 4.2.20. Please note in particular;<br />
Section 4.2.17 “Action <strong>to</strong> be taken by a Child Protection<br />
Co-ordina<strong>to</strong>r / Principal Head Teacher when there is<br />
Suspicion of Harm” <strong>and</strong>;<br />
Section 4.2.19 “Allegations of Abuse Made against <strong>People</strong><br />
Who Work With <strong>Children</strong>.”<br />
If a member of staff suspects that a child or young person has<br />
been subject <strong>to</strong> significant harm, they should inform the Youth<br />
Worker in charge of the centre immediately, in confidence. The<br />
Youth Worker must then inform the Youth Service Child<br />
Protection Co-ordina<strong>to</strong>r who should follow the <strong>procedure</strong>s given<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 199 of 461
in Section 4.2.17 above for those working in schools <strong>and</strong> FE<br />
institutions.<br />
If the Child Protection Co-ordina<strong>to</strong>r is unavailable, the Youth<br />
Worker must contact the appropriate Youth Service Manager or<br />
Assistant Youth Service Manager. A child protection referral<br />
should then be made in accordance with the <strong>procedure</strong>s given<br />
above. A copy of the referral should be sent <strong>to</strong> the Youth<br />
Service Child Protection Co-ordina<strong>to</strong>r.<br />
The Youth Worker should <strong>keep</strong> a record all available information<br />
<strong>and</strong> details of action taken including the time of the child<br />
protection referral.<br />
The child or young person should not be questioned or<br />
investigations carried out by the Youth Worker. It is other<br />
agencies that have a legal duty <strong>to</strong> carry out detailed<br />
investigations.<br />
The child or young person should not be detained at the Youth<br />
Centre/Project beyond the end of the normal youth work session.<br />
There may, however, be exceptional circumstances where the<br />
child or young person is very distressed or in immediate danger<br />
of harm.<br />
In such circumstances, the Youth Service Child Protection Coordina<strong>to</strong>r/Youth<br />
Service Manager/Youth Worker should liaise with<br />
the <strong>Children</strong>’s Social Care (see Section 6 Contacts) as <strong>to</strong> the<br />
appropriate course of action <strong>to</strong> be taken.<br />
Discussions with <strong>Young</strong> <strong>People</strong> <strong>and</strong> their Parents or Carers<br />
See Sections 4.2.14 <strong>and</strong> 4.2.16 above. There is a<br />
presumption of involvement unless <strong>to</strong> do so may increase the<br />
potential for harm because the person or persons involved may<br />
be implicated. There could also be the situation wherein the<br />
young person does not want the matter taking any further. Both<br />
these situations must immediately be discussed with the Youth<br />
Service Child Protection Co-ordina<strong>to</strong>r <strong>and</strong>, if necessary, with the<br />
local <strong>Children</strong>’s Social Care team or Emergency Duty team<br />
outside of office hours.<br />
Whilst staff might want <strong>to</strong> respect the request for confidentiality<br />
<strong>and</strong> accede <strong>to</strong> the young persons wishes they must ask<br />
themselves what would be the potential impact of not taking the<br />
matter further. Is the harm likely <strong>to</strong> be significant <strong>and</strong> continuing<br />
<strong>and</strong> does the alleged activity also affect other children or young<br />
people in the family, household or community?<br />
Answering yes <strong>to</strong> these questions indicates that action should be<br />
taken.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 200 of 461
During the investigation<br />
Where a child or young person is interviewed by a member of<br />
another agency on Youth Service premises <strong>and</strong> a parent is not<br />
present, a Youth Worker or other member of staff, in accordance<br />
with the child or young person’s wishes, must be present. Under<br />
section 3(5) of the <strong>Children</strong> Act 1989, Youth Workers have a<br />
responsibility <strong>to</strong> young people <strong>to</strong> ensure their safety <strong>and</strong> welfare<br />
whilst under their supervision.<br />
Agencies <strong>to</strong> which the child protection referral is made are<br />
responsible for <strong>keep</strong>ing the Youth Service Child Protection Coordina<strong>to</strong>r<br />
informed of subsequent action taken.<br />
A member of Youth Service staff may be invited <strong>to</strong> contribute <strong>to</strong>,<br />
or attend, a Strategy Discussion/Meeting. It is important that the<br />
member of staff is released <strong>to</strong> do this, in accordance with the<br />
child or young person’s wishes.<br />
Subsequent <strong>to</strong> the investigation, members of Youth Service staff<br />
may be required <strong>to</strong> provide assessments for, or give evidence in<br />
court, <strong>and</strong> may be invited <strong>to</strong> attend Child Protection Conferences<br />
or be a member of the Core Group. Youth Service Managers<br />
must release staff <strong>to</strong> enable them <strong>to</strong> do this.<br />
Allegations against a Youth Service member of staff<br />
If there is an allegation against a person working with a child or<br />
young person please refer <strong>to</strong> Section 4.2.19 above.<br />
If an allegation is made against a member of Youth Service staff,<br />
a referral should be made in accordance with the guidance in<br />
Section 4.2.19. In addition, the matter should be immediately<br />
referred <strong>to</strong> the Youth Service Child Protection Co-ordina<strong>to</strong>r <strong>and</strong> <strong>to</strong><br />
the Local Authority Designated Officer (LADO) who oversees the<br />
management of allegations.<br />
4.2.24 ADULT EDUCATION SERVICE<br />
All Adult Education Staff (including full-time, part-time<br />
<strong>and</strong> voluntary workers)<br />
These <strong>procedure</strong>s <strong>and</strong> guidance apply <strong>to</strong> children <strong>and</strong> young<br />
people up <strong>to</strong> the age of 18. As with other colleagues primarily<br />
working in the adult sec<strong>to</strong>r they are less likely in the course of<br />
their activities <strong>to</strong> be directly faced with safeguarding <strong>and</strong> child<br />
protection concerns.<br />
Nevertheless as part of the shared responsibility we all have for<br />
promoting the welfare of children the managers, supervisors <strong>and</strong><br />
workers in this sec<strong>to</strong>r should familiarise themselves with the LSCB<br />
<strong>procedure</strong>s <strong>and</strong> in particular refer <strong>to</strong> Section 2 “Context in Which<br />
Action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong> Promote <strong>Children</strong>’s Welfare is Taken” <strong>and</strong><br />
Section 3 “Managing Individual Cases”<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 201 of 461
If workers in these settings suspect that a child has been subject<br />
<strong>to</strong> significant harm, they should consult <strong>procedure</strong>s given<br />
above for Schools <strong>and</strong> FE institutions above in sections<br />
4.2.1 - 4.2.20. Please note in particular;<br />
Section 4.2.17 “Action <strong>to</strong> be taken by a Child Protection<br />
Co-ordina<strong>to</strong>r / Principal Head Teacher when there is<br />
Suspicion of Harm” <strong>and</strong>;<br />
Section 4.2.19 “Allegations of Abuse Made against <strong>People</strong><br />
Who Work With <strong>Children</strong>.”<br />
Each Adult Education Locality must have a designated Child<br />
Protection Co-ordina<strong>to</strong>r who is trained <strong>to</strong> recognise harm <strong>and</strong> <strong>to</strong><br />
advise <strong>and</strong> help staff in contact with suspected harm. Locality<br />
Co-ordina<strong>to</strong>rs are the designated Child Protection Co-ordina<strong>to</strong>rs<br />
in this context. The Locality Co-ordina<strong>to</strong>rs should inform the<br />
Adult Education Officer with responsibility for Child Protection of<br />
any suspicion that a child or young person has been subject <strong>to</strong><br />
significant harm in addition <strong>to</strong> forwarding a copy of any child<br />
protection referrals.<br />
All staff in the Adult Education Service must be aware of the need<br />
<strong>to</strong> alert the Child Protection Co-ordina<strong>to</strong>r where there is a<br />
suspicion of harm <strong>to</strong> a child or young person in order for the<br />
Child Protection Co-ordina<strong>to</strong>r <strong>to</strong> then take the appropriate action<br />
following the <strong>procedure</strong>s given in Sections 4.2.1 <strong>and</strong> 4.2.20<br />
above.<br />
Teaching staff<br />
A tu<strong>to</strong>r’s responsibility for recognition of a child/young person at<br />
risk of harm must form part of induction arrangements <strong>and</strong> be<br />
included in staff h<strong>and</strong>books.<br />
Any suspicion of harm <strong>to</strong> a child or young person must be<br />
reported <strong>to</strong> the Adult Education Service Child Protection Coordina<strong>to</strong>r<br />
who will then take the appropriate action following the<br />
<strong>procedure</strong>s given above.<br />
Part-time tu<strong>to</strong>rs in particular subject areas (e.g. GCSE<br />
Psychology, Child Care courses, NVQ Teaching Assistants) may<br />
require adult students <strong>to</strong> undertake work with children (e.g. as<br />
part of course work). Examination Boards currently issue<br />
guidelines on the setting <strong>and</strong> supervision of such course work <strong>and</strong><br />
these must be followed.<br />
Crèche Workers<br />
In crèches there will be a Supervisor <strong>and</strong> an Assistant. The most<br />
senior member of staff will be responsible for reporting any<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 202 of 461
suspicion of harm <strong>to</strong> the Adult Education Service Child Protection<br />
Co-ordina<strong>to</strong>r who will then take the appropriate action following<br />
the <strong>procedure</strong>s given in above.<br />
Action <strong>to</strong> be taken by Adult Education Service staff when<br />
there is a suspicion of harm<br />
If a member of staff suspects that a child or young person has<br />
been subject <strong>to</strong> significant harm, they should inform the Adult<br />
Education Service Locality Child Protection Co-ordina<strong>to</strong>r who<br />
should follow the <strong>procedure</strong>s given in Section 4.2.17 for those<br />
working in schools <strong>and</strong> FE institutions.<br />
A copy of the referral should be sent <strong>to</strong> the Adult<br />
Education Service Child Protection Co-ordina<strong>to</strong>r.<br />
The member of Adult Education staff should <strong>keep</strong> a written record<br />
of all available information <strong>and</strong> details of action taken including<br />
the time <strong>and</strong> date of the child protection referral. The Adult<br />
Education Officer with Child Protection responsibility should be<br />
informed of the referral as soon as possible. (Details can be<br />
found in the Adult Education staff h<strong>and</strong>book)<br />
The child or young person should not be questioned or<br />
investigations carried out by Adult Education Staff. It is other<br />
agencies that have a legal duty <strong>to</strong> carry out detailed<br />
investigations.<br />
Discussions with <strong>Young</strong> <strong>People</strong> <strong>and</strong> their Parents or Carers<br />
See Sections 4.2.14 <strong>and</strong> 4.2.16 above. There is a<br />
presumption of involvement unless <strong>to</strong> do so may increase the<br />
potential for harm because the person or persons involved may<br />
be implicated. There could also be the situation wherein the<br />
young person does not want the matter taking any further. Both<br />
these situations must immediately be discussed with the Adult<br />
Education Officer with Child Protection responsibility <strong>and</strong>, if<br />
necessary, with the local <strong>Children</strong>’s Social Care team or<br />
Emergency Duty team outside of office hours.<br />
Whilst staff might want <strong>to</strong> respect the request for confidentiality<br />
<strong>and</strong> accede <strong>to</strong> the young persons wishes they must ask<br />
themselves what would be the potential impact of not taking the<br />
matter further. Is the harm likely <strong>to</strong> be significant <strong>and</strong> continuing<br />
<strong>and</strong> does the alleged activity also affect other children or young<br />
people in the family, household or community?<br />
Answering yes <strong>to</strong> these questions indicates that action should be<br />
taken.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 203 of 461
When a child attending a crèche requires immediate<br />
medical attention<br />
The welfare of the child or young person is paramount. When<br />
urgent medical attention is required <strong>and</strong> there is a suspicion of<br />
harm, arrangements should be made for the child or young<br />
person <strong>to</strong> be taken <strong>to</strong> a Hospital Accident <strong>and</strong> Emergency<br />
Department immediately. A child protection referral should be<br />
made, <strong>and</strong> the parents notified if appropriate. See section<br />
4.2.17 for how <strong>to</strong> make a referral.<br />
Allegations against an Adult Education member of staff<br />
working with or having contact with children <strong>and</strong> young<br />
people<br />
If there is an allegation against any person working with a child<br />
or young person please refer <strong>to</strong> Section 4.2.19 above.<br />
If an allegation is made against a member of the Adult Education<br />
staff, a referral should be made in accordance with the guidance<br />
in Section 4.2.19. In addition, the matter should be<br />
immediately referred <strong>to</strong> Adult Education Officer with Child<br />
Protection responsibility, the person’s line manager <strong>and</strong> <strong>to</strong> the<br />
Local Authority Designated Officer (LADO) who oversees the<br />
management of allegations.<br />
The Adult Education Officer with responsibility for Child Protection<br />
should inform the Learning Skills Manager of all allegations. See<br />
Section 6 Contacts.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
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4.3 OTHER LA SERVICES E.G.<br />
HOUSING<br />
REGISTERED SOCIAL LANDLORDS<br />
SPORTS, CULTURE AND LEISURE SERVICES<br />
LICENSING AUTHORITIES<br />
EARLY YEARS AND CHILDCARE PROVIDERS<br />
All organisations that work with children share a<br />
commitment <strong>to</strong> safeguard <strong>and</strong> promote their welfare which<br />
for many organisations this is underpinned by a statu<strong>to</strong>ry<br />
duty or duties.<br />
For the following Local Authority services, that duty is under<br />
Section 11 of the <strong>Children</strong> Act 2004, which came in<strong>to</strong><br />
force on 1St Oc<strong>to</strong>ber 2005. The duty is <strong>to</strong> ensure that local<br />
authority services' functions are discharged with regard <strong>to</strong><br />
the need <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children.<br />
Further guidance on what this means is contained in the<br />
Introduction <strong>to</strong> these <strong>procedure</strong>s <strong>and</strong> guidance <strong>and</strong> at<br />
http://www.everychi Idmatters.gov.uk/resources-<strong>and</strong>practice/I000042/<br />
4.3.1. Using these Procedures<br />
These <strong>procedure</strong>s should be read in conjunction with;<br />
Section 2 ‘Context in which action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong><br />
promote <strong>Children</strong>’s Welfare is taken’, <strong>and</strong><br />
Section 3 ‘Managing Individual Cases’ <strong>to</strong>gether with any<br />
relevant Additional Practice Guidance within Section 5<br />
All the LA Direc<strong>to</strong>rates or services in this section should appoint a<br />
person with lead responsibility for safeguarding <strong>and</strong> promoting<br />
the welfare of children <strong>and</strong> young people<br />
4.3.2. Integrated <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong>’s Services<br />
Improving outcomes for children <strong>and</strong> young people involves<br />
changes <strong>to</strong> culture <strong>and</strong> practice across the children’s workforce.<br />
These new ways of working shift the focus from dealing with the<br />
consequences of difficulties in children <strong>and</strong> young people’s lives <strong>to</strong><br />
early intervention <strong>and</strong> effective prevention.<br />
/cle Section 4 – individual agency <strong>procedure</strong>s<br />
EAST RIDING SAFEGUARDING CHILDREN BOARD PROCEDURES AND GUIDANCE Page 205 of 461
Integrated working focuses on enabling <strong>and</strong> encouraging<br />
professionals <strong>to</strong> work <strong>to</strong>gether <strong>and</strong> adopt common practices <strong>to</strong><br />
deliver frontline services, coordinated <strong>and</strong> built around the needs<br />
of children <strong>and</strong> young people.<br />
Across the East Riding of Yorkshire, the integration of children’s<br />
services will bring <strong>to</strong>gether representatives from children’s social<br />
care, family support, the youth service, health visi<strong>to</strong>rs/school<br />
nurses, Connexions, children’s centre’s, education welfare <strong>and</strong><br />
inclusion <strong>and</strong> appropriate voluntary organisations <strong>to</strong> create Virtual<br />
Integrated Management teams(VIMTS) <strong>and</strong> Child at the Centre<br />
Hub (CATCH) Teams. The new arrangements will build on the<br />
work of the Pathfinder <strong>Children</strong>’s Trust <strong>and</strong> the <strong>Children</strong> <strong>and</strong><br />
<strong>Young</strong> people’s Coordination Groups.<br />
A VIMT <strong>and</strong> CATCH team will be established in each of the<br />
following localities:<br />
• Holderness<br />
• Wolds <strong>and</strong> Dale<br />
• Haltemprice<br />
• Goole, Snaith <strong>and</strong> Howden<br />
• Bridling<strong>to</strong>n <strong>and</strong> Driffield<br />
• Beverley<br />
The VIMT brings <strong>to</strong>gether operational managers from the various<br />
services with an overall purpose <strong>to</strong> promote joint working,<br />
identify need, agree priorities <strong>and</strong> moni<strong>to</strong>r progress. They have a<br />
key role in local implementation of the Common Assessment<br />
Framework (CAF), Information Sharing (IS) Index <strong>and</strong> the Lead<br />
Professional role. These all make important contributions in<br />
respect of the duty <strong>to</strong> safeguard <strong>and</strong> promote the welfare of<br />
children.<br />
The CATCH Team brings <strong>to</strong>gether practitioners from all the key<br />
local services, enabling them <strong>to</strong> be informed of progress<br />
regarding integration, <strong>to</strong> identify <strong>and</strong> share good practice <strong>and</strong><br />
develop a further underst<strong>and</strong>ing of roles. They will also support<br />
the local implementation of the Common Assessment Framework<br />
(CAF), Information Sharing (IS) Index <strong>and</strong> the Lead Professional<br />
role.<br />
The local <strong>Children</strong>’s Social Care Teams retain lead responsibility<br />
for ensuring that children are protected from significant harm<br />
whilst the VIMT <strong>and</strong> CATCH teams should be seen as an integral<br />
part of the broad range of safeguarding processes <strong>and</strong> social<br />
welfare, so that children <strong>and</strong> families can be helped <strong>and</strong> supported<br />
in an integrated way which recognises the range <strong>and</strong> diversity of<br />
their needs <strong>and</strong> strengths.<br />
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For further information on East Riding Integrated <strong>Children</strong> <strong>and</strong><br />
<strong>Young</strong> <strong>People</strong>’s Services please refer <strong>to</strong> the following documents:<br />
• H<strong>and</strong>book for Practitioners <strong>and</strong> Managers<br />
• Glossary of Terms<br />
4.3.3. Thresholds for Intervention<br />
“Clear thresholds <strong>and</strong> processes, <strong>and</strong> a common underst<strong>and</strong>ing of<br />
them across local partners, may help <strong>to</strong> reduce the number of<br />
inappropriate referrals <strong>and</strong> <strong>to</strong> improve the effectiveness of joint<br />
work, leading <strong>to</strong> the more effective use of resources” (<strong>Working</strong><br />
Together 2006 Chapter 3 paragraph 3.21).<br />
Research indicates that there is significant inconsistency amongst<br />
different professional groups, <strong>and</strong> even within professional<br />
groups, regarding what constitutes a “concern” about a child’s<br />
welfare, <strong>and</strong> more crucially, what action should be taken,<br />
particularly by children’s social care, in response <strong>to</strong> the concern.<br />
A range of fac<strong>to</strong>rs, including those personal <strong>to</strong> the adult<br />
concerned, will influence how the circumstances of a child are<br />
perceived <strong>and</strong> interpreted by the adults around them.<br />
4.3.4. The Relationship between Vulnerable <strong>Children</strong>, <strong>Children</strong> in<br />
Need <strong>and</strong> <strong>Children</strong> at Risk of Significant Harm.<br />
The welfare of many children <strong>and</strong> young people, living in a wide<br />
range of circumstances, may at some point during their childhood<br />
cause concern <strong>to</strong> an adult or adults around them. In the majority<br />
of cases the concerns are likely <strong>to</strong> be short lived, being related <strong>to</strong><br />
a specific event or temporary circumstance, <strong>and</strong> will require<br />
minimal intervention from adults outside of the child’s immediate<br />
or wider family.<br />
However a minority of children <strong>and</strong> young people may be<br />
regarded as vulnerable because they are growing up in adverse<br />
environmental or family circumstances <strong>and</strong> are consequently<br />
experiencing greater than average levels of stress. Vulnerable<br />
children may benefit from extra help from universal services in<br />
order <strong>to</strong> improve their wellbeing <strong>and</strong> reach their full potential.<br />
Within the wider group of vulnerable children there is a smaller<br />
sub group of children who will fall within the statu<strong>to</strong>ry definition<br />
of a child in need, <strong>and</strong> who may benefit from the provision of<br />
targeted, more specialist services from children’s social care, in<br />
addition <strong>to</strong> extra help from universal services. This group will also<br />
include those children defined as being disabled by the <strong>Children</strong><br />
Act 1989.<br />
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Within the group of children who are defined as being in need<br />
under the <strong>Children</strong> Act 1989, there is a further small sub group of<br />
children who are suffering significant harm, or likely <strong>to</strong><br />
suffer significant harm. <strong>Children</strong>’s Social Care has a duty <strong>to</strong><br />
intervene <strong>to</strong> ensure the protection of these children, as well as<br />
consider whether they may benefit from targeted services.<br />
The boundaries between these different groups of children (or<br />
levels of need) are not rigid or fixed. <strong>Children</strong> may fall in <strong>and</strong> out<br />
of the different categories briefly, or for longer periods at<br />
different stages in their lives.<br />
There is a duty on LSCB’s <strong>to</strong> work with the local <strong>Children</strong>’s Trust<br />
<strong>to</strong> establish local thresholds <strong>and</strong> upon all individuals in contact<br />
with, or directly working with, children <strong>and</strong> young people <strong>and</strong><br />
their parents or carers <strong>to</strong> ensure they are aware of, <strong>and</strong> take<br />
action within the local criteria. Training, briefings <strong>and</strong> an ongoing<br />
dialogue play an important part in developing a shared<br />
underst<strong>and</strong>ing which is essential for effective joint working <strong>and</strong><br />
intervention.<br />
4.3.5. The Common Assessment Framework (CAF)<br />
The Common Assessment Framework (CAF) is being rolled out<br />
across the East Riding <strong>and</strong> provides a common process for an early<br />
holistic approach <strong>to</strong> identify more accurately <strong>and</strong> speedily a<br />
child/young person's additional needs. I t will be used by all those<br />
working with children, young people <strong>and</strong> families <strong>and</strong> will enable<br />
them <strong>to</strong>:<br />
• develop a common language<br />
• develop a common underst<strong>and</strong>ing of thresholds of need <strong>and</strong><br />
interventions,<br />
• share information appropriately <strong>and</strong> effectively<br />
• identify who (agency/organisation/professional <strong>and</strong> family<br />
member) is best placed <strong>to</strong> respond <strong>to</strong> any identified additional<br />
need<br />
• improve the quality of referrals between agencies<br />
• prevent duplication for children/families <strong>and</strong> professionals where<br />
further assessment is required<br />
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Where a child or young person has additional needs; a lead<br />
professional/worker will be identified who will<br />
• provide a key point of contact for the child, family <strong>and</strong> those<br />
working <strong>to</strong> support them<br />
• ensure a co-ordinated response <strong>to</strong> meet identified needs<br />
• plan, moni<strong>to</strong>r <strong>and</strong> review the support <strong>and</strong> services offered<br />
I f at any time, during the CAF process, concerns arise that a<br />
child/young person is at risk of significant harm, a referral will<br />
need <strong>to</strong> be made <strong>to</strong> <strong>Children</strong>'s Social Care.<br />
The interface process between the CAF <strong>and</strong> <strong>Children</strong>’s Social Care<br />
has been developed <strong>to</strong> ensure that children <strong>and</strong> young people do<br />
not "slip through the net" <strong>and</strong> receive appropriately the services<br />
<strong>and</strong> support they require. I t is designed <strong>to</strong> ensure those working<br />
within <strong>Children</strong>'s Social Care <strong>and</strong> professionals from other agencies<br />
have meaningful discussions, share information effectively <strong>and</strong><br />
appropriately <strong>and</strong> determine who is responsible by;<br />
• Identifying the lead agency,<br />
• Agreeing who will be the lead professional, <strong>and</strong><br />
• Arranging a Child with Additional Needs Meeting (CWANM)<br />
where appropriate.<br />
When consultation between <strong>Children</strong>'s Social Care <strong>and</strong> other<br />
professionals takes place it will be recorded by the professional<br />
being consulted (in most cases this will be <strong>Children</strong>'s Social Care.)<br />
A copy of the consultation record will be sent <strong>to</strong> the professional<br />
who sought the advice. Where actions <strong>to</strong> be taken or decisions<br />
cannot be agreed, both parties should seek advice from their<br />
respective managers, <strong>and</strong>/or their named professional for Child<br />
Protection. Where this relates <strong>to</strong> CAF, the CAF team will also be<br />
available for consultation.<br />
4.3.6. <strong>Children</strong>'s Social Care Responsibilities<br />
<strong>Children</strong>'s Social Care's responsibility is <strong>to</strong> ensure that children<br />
are protected from significant harm. This should be seen in the<br />
context of the broad range of safeguarding processes <strong>and</strong> social<br />
welfare, so that children <strong>and</strong> families can be helped <strong>and</strong> supported<br />
in an integrated way which recognises the range <strong>and</strong> diversity of<br />
their needs <strong>and</strong> strengths.<br />
A child who is at risk of significant harm is a child in need, <strong>and</strong><br />
<strong>Children</strong>'s Social Care are responsible for co-ordinating an<br />
assessment of the child's needs, the parents' capacity <strong>to</strong> <strong>keep</strong> the<br />
child safe <strong>and</strong> promote her/his welfare, <strong>and</strong> the wider family<br />
circumstances. The Framework for the Assessment of<br />
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<strong>Children</strong> in Need <strong>and</strong> their Families is the corners<strong>to</strong>ne of this<br />
process.<br />
I n the majority of cases children are safeguarded from harm by<br />
working with parents, family members <strong>and</strong> other significant<br />
adults within the family setting.<br />
Where a child is at continuing risk of significant harm, <strong>Children</strong>'s<br />
Social Care are responsible for co-ordinating an inter-agency Child<br />
Protection Plan <strong>to</strong> safeguard the child, which sets out <strong>and</strong> draws<br />
upon the contributions of family members, professionals <strong>and</strong><br />
other agencies. I n a few cases, where a child's welfare cannot be<br />
sufficiently safeguarded at home, <strong>Children</strong>'s Social Care may<br />
apply <strong>to</strong> the Court for a Care Order (if the necessary statu<strong>to</strong>ry<br />
criteria are met) committing the child <strong>to</strong> the care of the Local<br />
Authority.<br />
4.3.7. <strong>Children</strong> Who May Be Particularly Vulnerable or Abused In<br />
Specific Circumstances<br />
Section 3 “Managing Individual Cases <strong>and</strong> 3.2<br />
“Recognition of Harm” provides information on the <strong>Children</strong><br />
<strong>and</strong> <strong>Young</strong> people identified within <strong>Working</strong> Together 2006 as<br />
being potentially particularly vulnerable or likely <strong>to</strong> be harmed<br />
because of their specific circumstances. Where appropriate<br />
Section 5 of the <strong>procedure</strong>s may provide Additional<br />
Practice Guidance (Pro<strong>to</strong>cols) that should assist staff <strong>to</strong><br />
identify <strong>and</strong> address any vulnerability.<br />
All staff <strong>and</strong> those in contact with children should take time <strong>to</strong><br />
familiarise themselves with those potentially at risk <strong>and</strong> work<br />
<strong>to</strong>wards reducing the likelihood of harm, including through direct<br />
<strong>and</strong> immediate action.<br />
4.3.8. Action <strong>to</strong> be taken when there is a suspicion of harm<br />
When a member of staff has shared their suspicions of harm with<br />
the Child Protection Co-ordina<strong>to</strong>r or Head Teacher/Principal <strong>and</strong> it<br />
is agreed that a child protection referral <strong>to</strong> <strong>Children</strong>’s Social care<br />
should be made then this should be done in the first instance by<br />
telephone <strong>to</strong>;<br />
The East Riding of Yorkshire Council Cus<strong>to</strong>mer Contact Line<br />
01482 393939 – 8.30am <strong>to</strong> 5.00pm Monday <strong>to</strong> Thursday, 8.00am<br />
<strong>to</strong> 4.30pm Friday.<br />
Outside these hours <strong>to</strong> the East Riding Emergency Duty Team on<br />
01482 880826<br />
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.<br />
The time of the child protection referral should be recorded. The<br />
Child Protection Co-ordina<strong>to</strong>r making the referral should confirm<br />
with the member of staff reporting the concern that this has been<br />
done. See above for guidance on discussing concerns with<br />
parents.<br />
In exceptional circumstances where the referral cannot be made<br />
in the usual way, a referral should be made <strong>to</strong> the Police Child<br />
Protection Unit, or if they are unavailable <strong>to</strong> any Police Station.<br />
See Section 6 “Contacts” for details.<br />
If there is uncertainty about the status of a referral, you should<br />
telephone the local Child Care Management Team <strong>and</strong> seek<br />
advice from the Duty Officer. See Section 6 “Contacts” for<br />
details.<br />
If the child lives in the area of another local authority, you should<br />
still make a child protection referral as above. The Child Care<br />
Management Team will make contact with the Local Authority<br />
where the child lives.<br />
In every instance a telephone referral should be followed within<br />
48 hours by a written referral giving specific <strong>and</strong> detailed<br />
information. See Appendix 1 <strong>to</strong> this section for the<br />
template/pro forma.<br />
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4.3.9. Allegations of Abuse Made Against <strong>People</strong> Who Work With<br />
<strong>Children</strong>.<br />
For information on how <strong>to</strong> proceed in respect of any allegations<br />
made against any person in contact with or working with a child<br />
or young person please see the Additional Practice Guidance<br />
(Pro<strong>to</strong>col) 5.11 in Section 5: "Allegations of abuse made<br />
against people who work with children”<br />
All allegations of abuse against professionals should be reported <strong>to</strong><br />
the Local Authority Designated Officer (LADO). For details of your<br />
Designated Officer or your Named Senior Officer please see<br />
Section 6 “Contacts” or contact the East Riding <strong>Safe</strong>guarding<br />
<strong>Children</strong> Board on 01482 396999<br />
The framework for managing allegations that applies is much wider<br />
than those in which there is a reasonable cause <strong>to</strong> believe a child is<br />
suffering, or likely <strong>to</strong> suffer, significant harm. It also caters for<br />
cases of allegations that might indicate that the alleged perpetra<strong>to</strong>r<br />
is unsuitable <strong>to</strong> continue <strong>to</strong> work in his or her present position or<br />
any capacity involving contact with children. This includes what is<br />
known as an “abuse of position of trust” as defined in the Sexual<br />
Offences Act 2003.<br />
The criteria that will be applied in respect of an allegation are that a<br />
person has;<br />
• Behaved in a way that has harmed, or may have harmed,<br />
a child<br />
• Possibly committed a criminal offence against, or related<br />
<strong>to</strong> a child; or<br />
• Behaved <strong>to</strong>wards a child or children in a way that he or<br />
she is unsuitable <strong>to</strong> work with children.<br />
There may be up <strong>to</strong> three str<strong>and</strong>s in the consideration of an<br />
allegation;<br />
• A police investigation of a possible criminal offence<br />
• Enquiries <strong>and</strong> assessment by children’s social care about<br />
whether a child is in need of protection or in need of<br />
services<br />
• Consideration by an employer of disciplinary action in<br />
respect of the individual.<br />
The guidance includes a requirement <strong>to</strong> support those facing an<br />
allegation <strong>and</strong> outlines a timescale within which it is reasonable<br />
<strong>to</strong> expect a decision <strong>to</strong> be made in respect of any allegation <strong>to</strong> be<br />
made.<br />
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The relevant line manager, supervisor or the appropriate Senior<br />
Manager within an organisation must be informed of any<br />
allegation made against a member of staff.<br />
4.3.10. Housing Authorities:<br />
Managers, supervisors <strong>and</strong> workers should familiarise themselves<br />
with the LSCB <strong>procedure</strong>s <strong>and</strong> in particular refer <strong>to</strong> Section 2<br />
“Context in Which Action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong> Promote<br />
<strong>Children</strong>’s Welfare is Taken” <strong>and</strong> Section 3 “Managing<br />
Individual Cases” plus Additional Practice Guidance in<br />
Section 5. Your attention is drawn <strong>to</strong> those children <strong>and</strong> young<br />
people who are particularly vulnerable.<br />
All staff need <strong>to</strong> refer <strong>to</strong> 4.3.1 <strong>to</strong> 4.3.9 above for guidance on<br />
how services <strong>to</strong> children <strong>and</strong> young people are structured in the<br />
East Riding <strong>and</strong> how <strong>to</strong> make a referral.<br />
All organisations or groups having contact with or working with<br />
children <strong>and</strong> young people should have a Designated Person <strong>to</strong><br />
be responsible for child protection matters. He or she will be the<br />
person with lead responsibility for safeguarding <strong>and</strong> promoting<br />
the welfare of children within their organisation.<br />
They should avail themselves of the Training provided by the<br />
LSCB <strong>and</strong> establish systems within their organisation <strong>to</strong> assist<br />
staff <strong>to</strong> identify potential safeguarding fac<strong>to</strong>rs <strong>and</strong> be confident<br />
that they can respond appropriately.<br />
Housing <strong>and</strong> Homelessness staffs have access <strong>to</strong> family<br />
homes/temporary accommodation, in some cases in a time of<br />
crisis. In the course of their work they are, therefore, likely <strong>to</strong><br />
identify initial concerns regarding children's safety <strong>and</strong> welfare<br />
that will need <strong>to</strong> be referred on <strong>to</strong> another agency. These<br />
concerns may relate <strong>to</strong>;<br />
• What they have observed or witnessed happening <strong>to</strong> a<br />
child<br />
• The physical conditions within the home/accommodation<br />
• The family's reaction <strong>to</strong> a crisis<br />
• Inconsistencies in the information given <strong>to</strong> them<br />
In addition <strong>to</strong> this, housing authorities may hold important<br />
information that could assist local authority children's Social Care<br />
<strong>to</strong> carry out assessments under Section 17 or Section 47 of the<br />
<strong>Children</strong> Act 1989.<br />
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Housing Authorities are also vital in:<br />
• Assessing the needs of families with disabled children who<br />
may require housing adaptations in order <strong>to</strong> participate fully in<br />
family life <strong>and</strong> reach their maximum potential<br />
• Managing the risks of harm posed by dangerous offenders,<br />
including those who are assessed as presenting a risk,<br />
whether sexual or otherwise, <strong>to</strong> children. Appropriate housing<br />
can contribute greatly <strong>to</strong> the ability of the Police <strong>and</strong> others <strong>to</strong><br />
manage the risks of harm such individuals may pose <strong>to</strong><br />
children<br />
• Managing re-housing or repossession when adults <strong>and</strong> children<br />
become homeless or at risk of homelessness as a result of<br />
domestic violence<br />
Housing Authorities should ensure that staff are trained in:<br />
• Recognising harm<br />
• How <strong>to</strong> report concerns in accordance with LSCB <strong>procedure</strong>s<br />
Registered Social L<strong>and</strong>lord's (RSL’s) are not under the same<br />
duties <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children as the<br />
Housing Authority.<br />
However because RSL’s work in partnership with a range of<br />
organisations <strong>to</strong> promote social inclusion, <strong>and</strong> its Regula<strong>to</strong>ry<br />
Code states that a housing association must work with local<br />
authorities <strong>to</strong> enable them <strong>to</strong> fulfil their duties it is expected that<br />
RSL’s will also work <strong>to</strong> the above principles.<br />
This is particularly important within the provisions they make as<br />
part of the Supporting <strong>People</strong> programme. Therefore Housing<br />
Authorities <strong>and</strong> Registered Social L<strong>and</strong>lords should share<br />
information with other organisations, for example, <strong>Children</strong>'s<br />
Social Care <strong>and</strong> or/health professionals in order <strong>to</strong> safeguard <strong>and</strong><br />
promote children's welfare.<br />
In addition organisations, including <strong>Children</strong>'s Social Care <strong>and</strong>/or<br />
health should share information with Housing Authorities <strong>and</strong><br />
Registered Social L<strong>and</strong>lords in order <strong>to</strong> make assessments of the<br />
need for certain types of housing more effective<br />
4.3.11. Environmental Health Officers<br />
Environmental Health Officers when inspecting conditions in<br />
private rented accommodation may become aware of conditions<br />
that impact adversely on children.<br />
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Under Part 1 of the Housing Act 2004 authorities will take<br />
account of the impact of health <strong>and</strong> safety hazards in housing on<br />
vulnerable occupants including children when deciding the action<br />
<strong>to</strong> be taken by l<strong>and</strong>lords <strong>to</strong> improve conditions.<br />
The <strong>procedure</strong>s <strong>and</strong> guidance outlined above also applies.<br />
4.3.12. Sport, Culture <strong>and</strong> Leisure Services<br />
The Local Authority provides <strong>and</strong> enables a wide range of<br />
facilities for children <strong>and</strong> families including;<br />
• Libraries<br />
• Play Schemes <strong>and</strong> Play facilities<br />
• Parks <strong>and</strong> Gardens<br />
• Sports <strong>and</strong> Leisure Centre’s<br />
• Museums <strong>and</strong> arts Centre’s<br />
• Theatres<br />
• Events <strong>and</strong> Attractions<br />
Staff, volunteers, entertainers <strong>and</strong> contrac<strong>to</strong>rs who provide<br />
these services will have various degrees of contact with children<br />
who use them, <strong>and</strong> appropriate arrangements will need <strong>to</strong> be in<br />
place including:<br />
• Training of staff in the recognition of harm<br />
• Reporting of concerns about children in accordance with<br />
the LSCB Guidelines<br />
• Appropriate codes of practice for staff, particularly<br />
sports coaches, such as those issued by national<br />
governing bodies of sport, the Health <strong>and</strong> <strong>Safe</strong>ty<br />
Executive or the Local Authority<br />
• Appropriate CRB checks are in place for those working<br />
directly with children<br />
• Procedures for dealing with allegations against staff<br />
• Sports organisations can also seek advice on child<br />
protection issues from the Child Protection in Sport Unit<br />
which has been established as a Partnership with the<br />
NSPCC <strong>and</strong> Sport Engl<strong>and</strong>.<br />
http://www.nspcc.org.uk/html/home/informationresources/chi%20ldprote<br />
ctioninsport.htm,<br />
In addition <strong>to</strong> using the <strong>procedure</strong>s <strong>and</strong> guidance set out<br />
above in this section Sport, Leisure <strong>and</strong> Culture services<br />
should ensure there are appropriate codes of practice in place<br />
for staff <strong>to</strong> ensure they <strong>keep</strong> both themselves <strong>and</strong> the children<br />
<strong>and</strong> young people safe at all times.<br />
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4.3.13. Licensing Authorities<br />
The Local Licensing authority has a responsibility <strong>to</strong> undertake<br />
its functions under Section 182 of the Licensing Act 2003 with<br />
regard <strong>to</strong> "the protection of children from harm".<br />
Specified 'responsible' authorities have the opportunity <strong>to</strong><br />
make representation on application for the grant or validation<br />
of a premises license or club premises certificate; those<br />
responsible authorities include:<br />
• The Fire Service<br />
• The Police<br />
Further information is available form;<br />
http://www.culture.gov.uk<br />
It is expected that all staff involved in this area of activity are<br />
also familiar with the <strong>procedure</strong> <strong>and</strong> guidance set out in<br />
Section 4.3<br />
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4.4 YOUTH OFFENDING TEAM<br />
ROLES AND RESPOSIBILITIES<br />
All organisations that have contact with or work with children share a<br />
commitment <strong>to</strong> safeguard <strong>and</strong> promote their welfare <strong>and</strong> for many<br />
organisations that is underpinned by a statu<strong>to</strong>ry duty or duties.<br />
For the Youth Offending Team, that duty is under Section 11 of the<br />
<strong>Children</strong> Act 2004 which came in<strong>to</strong> force on 1st Oc<strong>to</strong>ber 2005.<br />
The duty is <strong>to</strong> ensure that the Youth Offending Team's functions are<br />
discharged with regard <strong>to</strong> the need <strong>to</strong> safeguard <strong>and</strong> promote the welfare<br />
of children. This must include identifying those who because of their<br />
behaviour or circumstances are either a child in need or at risk of harm.<br />
Further guidance on what this means is contained in the introduction <strong>to</strong><br />
these guidelines <strong>and</strong> <strong>procedure</strong>s <strong>and</strong> can be found at;<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong> -practice/IG00042/<br />
4.4.1.Using the Procedures<br />
These <strong>procedure</strong>s should be read in conjunction with;<br />
Section 2 ‘Context in which action <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong><br />
promote <strong>Children</strong>’s Welfare is taken’, <strong>and</strong><br />
Section 3 ‘Managing Individual Cases’ <strong>to</strong>gether with any<br />
relevant,<br />
Additional Practice Guidance within Section 5<br />
Managers in the Youth Offending Team must ensure that staff<br />
working in the Youth Offending Team has sufficient knowledge<br />
of child protection <strong>procedure</strong>s <strong>to</strong> enable them <strong>to</strong> carry out the<br />
duties of their post.<br />
4.4.2. Scope of the Procedures<br />
These <strong>procedure</strong>s relate <strong>to</strong> all staff working for the East Riding<br />
Youth Offending Team <strong>and</strong> <strong>to</strong> any services provided by another<br />
organisation <strong>and</strong> commissioned by the Youth Offending Team. They<br />
apply not only <strong>to</strong> children <strong>and</strong> young people known <strong>to</strong> or<br />
supervised by the Youth Offending Team as offenders, but<br />
equally <strong>to</strong> the unborn children of young offenders <strong>and</strong> the<br />
babies <strong>and</strong> young children of young offenders.<br />
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All Youth Offending Team practitioners, in the normal course of<br />
their work with young offenders, particularly those experiencing<br />
complex <strong>and</strong> difficult family situations, must also be alert <strong>to</strong> any<br />
safeguarding issues for any other children in the family <strong>and</strong> take<br />
action when appropriate in accordance with these <strong>procedure</strong>s.<br />
4.4.3. Integrated <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong>’s Services<br />
Improving outcomes for children <strong>and</strong> young people involves<br />
changes <strong>to</strong> culture <strong>and</strong> practice across the children’s workforce.<br />
These new ways of working shift the focus from dealing with the<br />
consequences of difficulties in children <strong>and</strong> young people’s lives <strong>to</strong><br />
early intervention <strong>and</strong> effective prevention.<br />
Integrated working focuses on enabling <strong>and</strong> encouraging<br />
professionals <strong>to</strong> work <strong>to</strong>gether <strong>and</strong> adopt common practices <strong>to</strong><br />
deliver frontline services, coordinated <strong>and</strong> built around the needs of<br />
children <strong>and</strong> young people.<br />
Across the East Riding of Yorkshire, the integration of children’s<br />
services will bring <strong>to</strong>gether representatives from children’s social<br />
care, family support, the youth service, health visi<strong>to</strong>rs/school<br />
nurses, Connexions, children’s centre’s, education welfare <strong>and</strong><br />
inclusion <strong>and</strong> appropriate voluntary organisations <strong>to</strong> create Virtual<br />
Integrated Management teams(VIMTS) <strong>and</strong> Child at the Centre Hub<br />
(CATCH) Teams. The new arrangements will build on the work of<br />
the Pathfinder <strong>Children</strong>’s Trust <strong>and</strong> the <strong>Children</strong> <strong>and</strong> <strong>Young</strong> people’s<br />
Coordination Groups.<br />
A VIMT <strong>and</strong> CATCH team will be established in each of the following<br />
localities:<br />
• Holderness<br />
• Wolds <strong>and</strong> Dale<br />
• Haltemprice<br />
• Goole, Snaith <strong>and</strong> Howden<br />
• Bridling<strong>to</strong>n <strong>and</strong> Driffield<br />
• Beverley<br />
The VIMT brings <strong>to</strong>gether operational managers from the various<br />
services with an overall purpose <strong>to</strong> promote joint working, identify<br />
need, agree priorities <strong>and</strong> moni<strong>to</strong>r progress. They have a key role<br />
in local implementation of the Common Assessment Framework<br />
(CAF), Information Sharing (IS) Index <strong>and</strong> the Lead Professional<br />
role. These all make important contributions in respect of the duty<br />
<strong>to</strong> safeguard <strong>and</strong> promote the welfare of children.<br />
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The CATCH Team brings <strong>to</strong>gether practitioners from all the key<br />
local services, enabling them <strong>to</strong> be informed of progress regarding<br />
integration, <strong>to</strong> identify <strong>and</strong> share good practice <strong>and</strong> develop a<br />
further underst<strong>and</strong>ing of roles. They will also support the local<br />
implementation of the Common Assessment Framework (CAF),<br />
Information Sharing (IS) Index <strong>and</strong> the Lead Professional role.<br />
The local <strong>Children</strong>’s Social Care Teams retain lead responsibility for<br />
ensuring that children are protected from significant harm whilst<br />
the VIMT <strong>and</strong> CATCH teams should be seen as an integral part of<br />
the broad range of safeguarding processes <strong>and</strong> social welfare, so<br />
that children <strong>and</strong> families can be helped <strong>and</strong> supported in an<br />
integrated way which recognises the range <strong>and</strong> diversity of their<br />
needs <strong>and</strong> strengths.<br />
For further information on East Riding Integrated <strong>Children</strong> <strong>and</strong><br />
<strong>Young</strong> <strong>People</strong>’s Services please refer <strong>to</strong> the following documents<br />
• H<strong>and</strong>book for Practitioners <strong>and</strong> Managers<br />
• Glossary of Terms<br />
4.4.4. Thresholds for Intervention<br />
“Clear thresholds <strong>and</strong> processes, <strong>and</strong> a common underst<strong>and</strong>ing of<br />
them across local partners, may help <strong>to</strong> reduce the number of<br />
inappropriate referrals <strong>and</strong> <strong>to</strong> improve the effectiveness of joint<br />
work, leading <strong>to</strong> the more effective use of resources” (<strong>Working</strong><br />
Together 2006 Chapter 3 paragraph 3.21).<br />
Research indicates that there is significant inconsistency amongst<br />
different professional groups, <strong>and</strong> even within professional groups,<br />
regarding what constitutes a “concern” about a child’s welfare, <strong>and</strong><br />
more crucially, what action should be taken, particularly by<br />
children’s social care, in response <strong>to</strong> the concern. A range of<br />
fac<strong>to</strong>rs, including those personal <strong>to</strong> the adult concerned, will<br />
influence how the circumstances of a child are perceived <strong>and</strong><br />
interpreted by the adults around them.<br />
4.4.5. The Relationship between Vulnerable <strong>Children</strong>, <strong>Children</strong> in<br />
Need <strong>and</strong> <strong>Children</strong> at Risk of Significant Harm.<br />
The welfare of many children <strong>and</strong> young people, living in a wide<br />
range of circumstances, may at some point during their childhood<br />
cause concern <strong>to</strong> an adult or adults around them. In the majority<br />
of cases the concerns are likely <strong>to</strong> be short lived, being related <strong>to</strong> a<br />
specific event or temporary circumstance, <strong>and</strong> will require minimal<br />
intervention from adults outside of the child’s immediate or wider<br />
family.<br />
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However a minority of children <strong>and</strong> young people may be regarded<br />
as vulnerable because they are growing up in adverse<br />
environmental or family circumstances <strong>and</strong> are consequently<br />
experiencing greater than average levels of stress. Vulnerable<br />
children may benefit from extra help from universal services in<br />
order <strong>to</strong> improve their wellbeing <strong>and</strong> reach their full potential.<br />
Within the wider group of vulnerable children there is a smaller sub<br />
group of children who will fall within the statu<strong>to</strong>ry definition of a<br />
child in need, <strong>and</strong> who may benefit from the provision of<br />
targeted, more specialist services from children’s social care, in<br />
addition <strong>to</strong> extra help from universal services. This group will also<br />
include those children defined as being disabled by the <strong>Children</strong><br />
Act 1989.<br />
Within the group of children who are defined as being in need<br />
under the <strong>Children</strong> Act 1989, there is a further small sub group of<br />
children who are suffering significant harm, or likely <strong>to</strong> suffer<br />
significant harm. <strong>Children</strong>’s Social Care has a duty <strong>to</strong> intervene<br />
<strong>to</strong> ensure the protection of these children, as well as consider<br />
whether they may benefit from targeted services.<br />
The boundaries between these different groups of children (or<br />
levels of need) are not rigid or fixed. <strong>Children</strong> may fall in <strong>and</strong> out<br />
of the different categories briefly, or for longer periods at different<br />
stages in their lives.<br />
There is a duty on LSCB’s <strong>to</strong> work with the local <strong>Children</strong>’s Trust <strong>to</strong><br />
establish local thresholds <strong>and</strong> upon all individuals in contact with,<br />
or directly working with, children <strong>and</strong> young people <strong>and</strong> their<br />
parents or carers <strong>to</strong> ensure they are aware of, <strong>and</strong> take action<br />
within the local criteria. Training, briefings <strong>and</strong> an ongoing<br />
dialogue play an important part in developing a shared<br />
underst<strong>and</strong>ing which is essential for effective joint working <strong>and</strong><br />
intervention.<br />
4.4.6. The Common Assessment Framework (CAF)<br />
The Common Assessment Framework (CAF) is being rolled out<br />
across the East Riding <strong>and</strong> provides a common process for an early<br />
holistic approach <strong>to</strong> identify more accurately <strong>and</strong> speedily a<br />
child/young person's additional needs. I t will be used by all those<br />
working with children, young people <strong>and</strong> families <strong>and</strong> will enable<br />
them <strong>to</strong>:<br />
• develop a common language<br />
• develop a common underst<strong>and</strong>ing of thresholds of need <strong>and</strong><br />
interventions,<br />
• share information appropriately <strong>and</strong> effectively<br />
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• identify who (agency/organisation/professional <strong>and</strong> family<br />
member) is best placed <strong>to</strong> respond <strong>to</strong> any identified additional<br />
need<br />
• improve the quality of referrals between agencies<br />
• prevent duplication for children/families <strong>and</strong> professionals where<br />
further assessment is required<br />
Where a child or young person has additional needs; a lead<br />
professional/worker will be identified who will<br />
• provide a key point of contact for the child, family <strong>and</strong> those<br />
working <strong>to</strong> support them<br />
• ensure a co-ordinated response <strong>to</strong> meet identified needs<br />
• plan, moni<strong>to</strong>r <strong>and</strong> review the support <strong>and</strong> services offered<br />
I f at any time, during the CAF process, concerns arise that a<br />
child/young person is at risk of significant harm, a referral will need<br />
<strong>to</strong> be made <strong>to</strong> <strong>Children</strong>'s Social Care.<br />
The interface process between the CAF <strong>and</strong> <strong>Children</strong>’s Social Care<br />
has been developed <strong>to</strong> ensure that children <strong>and</strong> young people do<br />
not "slip through the net" <strong>and</strong> receive appropriately the services<br />
<strong>and</strong> support they require. I t is designed <strong>to</strong> ensure those working<br />
within <strong>Children</strong>'s Social Care <strong>and</strong> professionals from other agencies<br />
have meaningful discussions, share information effectively <strong>and</strong><br />
appropriately <strong>and</strong> determine who is responsible by;<br />
• Identifying the lead agency,<br />
• Agreeing who will be the lead professional, <strong>and</strong><br />
• Arranging a Child with Additional Needs Meeting (CWANM)<br />
where appropriate.<br />
When consultation between <strong>Children</strong>'s Social Care <strong>and</strong> other<br />
professionals takes place it will be recorded by the professional<br />
being consulted (in most cases this will be <strong>Children</strong>'s Social Care.) A<br />
copy of the consultation record will be sent <strong>to</strong> the professional who<br />
sought the advice. Where actions <strong>to</strong> be taken or decisions cannot be<br />
agreed, both parties should seek advice from their respective<br />
managers, <strong>and</strong>/or their named professional for Child Protection.<br />
Where this relates <strong>to</strong> CAF, the CAF team will also be available for<br />
consultation.<br />
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4.4.7. <strong>Children</strong>'s Social Care Responsibilities<br />
<strong>Children</strong>'s Social Care's responsibility is <strong>to</strong> ensure that children are<br />
protected from significant harm. This should be seen in the context<br />
of the broad range of safeguarding processes <strong>and</strong> social welfare, so<br />
that children <strong>and</strong> families can be helped <strong>and</strong> supported in an<br />
integrated way which recognises the range <strong>and</strong> diversity of their<br />
needs <strong>and</strong> strengths.<br />
A child who is at risk of significant harm is a child in need, <strong>and</strong><br />
<strong>Children</strong>'s Social Care are responsible for co-ordinating an<br />
assessment of the child's needs, the parents' capacity <strong>to</strong> <strong>keep</strong> the<br />
child safe <strong>and</strong> promote her/his welfare, <strong>and</strong> the wider family<br />
circumstances. The Framework for the Assessment of<br />
<strong>Children</strong> in Need <strong>and</strong> their Families is the corners<strong>to</strong>ne of this<br />
process.<br />
I n the majority of cases children are safeguarded from harm by<br />
working with parents, family members <strong>and</strong> other significant adults<br />
within the family setting.<br />
Where a child is at continuing risk of significant harm, <strong>Children</strong>'s<br />
Social Care are responsible for co-ordinating an inter-agency Child<br />
Protection Plan <strong>to</strong> safeguard the child, which sets out <strong>and</strong> draws<br />
upon the contributions of family members, professionals <strong>and</strong> other<br />
agencies. I n a few cases, where a child's welfare cannot be<br />
sufficiently safeguarded at home, <strong>Children</strong>'s Social Care may apply<br />
<strong>to</strong> the Court for a Care Order (if the necessary statu<strong>to</strong>ry criteria are<br />
met) committing the child <strong>to</strong> the care of the Local Authority.<br />
4.4.8. <strong>Children</strong> Who May Be Particularly Vulnerable or Abused In<br />
Specific Circumstances<br />
Section 3 “Managing Individual Cases <strong>and</strong> 3.2 “Recognition<br />
of Harm” provides information on the <strong>Children</strong> <strong>and</strong> <strong>Young</strong> people<br />
identified within <strong>Working</strong> Together 2006 as being potentially<br />
particularly vulnerable or likely <strong>to</strong> be harmed because of their<br />
specific circumstances. Where appropriate Section 5 of the<br />
<strong>procedure</strong>s may provide Additional Practice Guidance<br />
(Pro<strong>to</strong>cols) that should assist staff <strong>to</strong> identify <strong>and</strong> address any<br />
vulnerability.<br />
All staff <strong>and</strong> those in contact with children should take time <strong>to</strong><br />
familiarise themselves with those potentially at risk <strong>and</strong> work<br />
<strong>to</strong>wards reducing the likelihood of harm, including through direct<br />
<strong>and</strong> immediate action.<br />
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4.4.9. When a child or young person requires urgent medical<br />
attention <strong>and</strong> there is a suspicion of harm<br />
The welfare of the child or young person is paramount. When<br />
urgent medical attention is required <strong>and</strong> there is a suspicion of<br />
harm, arrangements should be made for the child or young<br />
person <strong>to</strong> be taken <strong>to</strong> a Hospital Accident <strong>and</strong> Emergency<br />
Department immediately. A child protection referral should be<br />
made, <strong>and</strong> the parents notified unless this is not in the best<br />
interests of the child.<br />
This decision not <strong>to</strong> inform parents should only be taken after<br />
discussions <strong>and</strong> consultations with the YOT, manager, nominated<br />
deputy or Child Protection Co-ordina<strong>to</strong>r.<br />
An immediate referral should be made <strong>to</strong> <strong>Children</strong>’s Social Care in<br />
accordance with the following <strong>procedure</strong>.<br />
4.4.10. Action <strong>to</strong> be taken when there is a suspicion of harm<br />
Where harm is suspected, it is essential that <strong>procedure</strong>s are<br />
followed carefully.<br />
Staff may have the opportunity <strong>to</strong> seek information from the<br />
child or young person with tact <strong>and</strong> sympathy using open-ended<br />
questions. If the responses give cause for concern, the member<br />
of staff should report their suspicion of harm immediately <strong>to</strong> the<br />
YOT, manager, nominated deputy or Child Protection Coordina<strong>to</strong>r.<br />
If harm is suspected, it is essential <strong>to</strong> have a record of all the<br />
information available. The record must include the date <strong>and</strong> time<br />
of events <strong>and</strong> the reasons for suspicion. Staff should note<br />
carefully in writing what they have observed <strong>and</strong> when they<br />
observed it. Signs of physical injury should be described in<br />
detail, or sketched.<br />
Any comment by any person about how an injury occurred should<br />
be recorded, preferably quoting words actually used, as soon as<br />
possible after the comment has been made. Remember,<br />
however, that the child should not be questioned further, or<br />
investigations carried out by the school. It is other agencies that<br />
have a legal duty <strong>to</strong> carry out detailed investigations.<br />
Suspicions may also be aroused when there has been a series of<br />
concerns expressed about a child or young person’s welfare over<br />
a period of time. It is important that members of staff share<br />
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concerns with the YOT, manager, nominated deputy or Child<br />
Protection Co-ordina<strong>to</strong>r. Concerns should be recorded in writing<br />
in order <strong>to</strong> build up a comprehensive picture.<br />
In some instances a child or young person may disclose harm <strong>to</strong><br />
a trusted member of staff. It is important <strong>to</strong> listen, but not ask<br />
leading questions. It is essential <strong>to</strong> record in writing both what<br />
the child has said <strong>and</strong> what, if anything, you have asked the<br />
child. Time, date <strong>and</strong> setting should also be recorded<br />
4.4.11. Involving <strong>Children</strong> <strong>and</strong> Families<br />
In the process of finding out what is happening <strong>to</strong> a child it is<br />
important <strong>to</strong> listen <strong>and</strong> develop an underst<strong>and</strong>ing of his or her<br />
wishes <strong>and</strong> feelings. The importance of developing a co-operative<br />
working relationship is emphasised, so that parents or caregivers<br />
feel respected <strong>and</strong> informed, they believe agency staff are being<br />
open <strong>and</strong> honest with them, <strong>and</strong> in turn they are confident about<br />
providing vital information about their child, themselves <strong>and</strong> their<br />
circumstances.<br />
The consent of children, young people <strong>and</strong> their parents or<br />
caregivers should be obtained when sharing information unless <strong>to</strong><br />
do so would place the child at risk of significant harm.<br />
Decisions should also be made with their agreement, whenever<br />
possible, unless <strong>to</strong> do so could increase the risk of harm.<br />
4.4.12. Referral by the Youth offending Team when there is a<br />
suspicion of harm<br />
When a member of staff has shared their suspicions of harm with<br />
the Youth Offending Team Manager, nominated deputy or Child<br />
Protection <strong>and</strong> it is agreed that a child protection referral <strong>to</strong><br />
<strong>Children</strong>’s Social Care should be made then this should be done<br />
in the first instance by telephone <strong>to</strong>;<br />
The East Riding of Yorkshire Council Cus<strong>to</strong>mer Contact Line<br />
01482 393939 – 8.30am <strong>to</strong> 5.00pm Monday <strong>to</strong> Thursday, 8.00am<br />
<strong>to</strong> 4.30pm Friday.<br />
Outside these hours <strong>to</strong> the East Riding Emergency Duty Team on<br />
01482 880826<br />
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The time of the child protection referral should be recorded. If<br />
the person making the referral is not also the member of staff<br />
who initially raised the concern then they should confirm with<br />
them that this has been done. See above for guidance on<br />
discussing concerns with parents.<br />
In exceptional circumstances where the referral cannot be made<br />
in the usual way, a referral should be made <strong>to</strong> the Police Child<br />
Protection Unit, or if they are unavailable <strong>to</strong> any Police Station.<br />
See Section 6 “Contacts” for details.<br />
If there is uncertainty about the status of a referral, you should<br />
telephone the local Child Care Management Team <strong>and</strong> seek<br />
advice from the Duty Officer. See Section 6 “Contacts” for<br />
details.<br />
If the child lives in the area of another local authority, you should<br />
still make a child protection referral as above. The Child Care<br />
Management Team will make contact with the Local Authority<br />
where the child lives.<br />
In every instance a telephone referral should be followed within<br />
48 hours by a written referral giving specific <strong>and</strong> detailed<br />
information. See Appendix 1 <strong>to</strong> this section for the<br />
template/pro forma.<br />
The Youth Offending Team (member of staff involved <strong>and</strong><br />
relevant line manager) has a responsibility <strong>to</strong> satisfy itself that<br />
the action taken by <strong>Children</strong>'s Social Care is sufficient <strong>to</strong> ensure<br />
the adequate safeguarding of the child/young person.<br />
If, after discussion with <strong>Children</strong>'s Social Care they are not<br />
satisfied that the young person is adequately safeguarded they<br />
must record their professional concerns <strong>and</strong> bring the matter <strong>to</strong><br />
the attention of the Youth Offending Team Manager.<br />
The Youth Offending Team Manager will discuss the issues of<br />
concern with the relevant Performance Manager in <strong>Children</strong>'s<br />
Social Care. A record of any such discussions will be made on the<br />
child's electronic Social Care record.<br />
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4.4.13. Allegations of Abuse Made Against <strong>People</strong> Who Work With<br />
<strong>Children</strong>.<br />
For information on how <strong>to</strong> proceed in respect of any allegations<br />
made against any person in contact with or working with a child<br />
or young person please see the Additional Practice Guidance<br />
(Pro<strong>to</strong>col) 5.11 in Section 5: "Allegations of abuse made<br />
against people who work with children”<br />
Any allegation of abuse made against a member of staff working<br />
for the Youth Offending Team must immediately be brought <strong>to</strong><br />
the attention of the Youth Offending Team Manager or, in his/her<br />
absence the Team Manager designated as the Deputy.<br />
Any such allegation must then immediately be brought <strong>to</strong> the<br />
attention of the Allegations Manager of the staff member's<br />
employing agency, for advice <strong>and</strong> any necessary precautionary<br />
action.<br />
All allegations against a professional should be reported <strong>to</strong> the<br />
Local Authority Designated Officer (LADO) in accordance with<br />
pro<strong>to</strong>col 11 in Section 5 "Additional Practice Guidance". For<br />
details of your Designated Officer or your Named Senior Officer<br />
please see Section 6 “Contacts” or contact the East Riding<br />
<strong>Safe</strong>guarding <strong>Children</strong> Board on 01482 396999<br />
The framework for managing allegations that applies is much wider<br />
than those in which there is a reasonable cause <strong>to</strong> believe a child is<br />
suffering, or likely <strong>to</strong> suffer, significant harm. It also caters for<br />
cases of allegations that might indicate that the alleged perpetra<strong>to</strong>r<br />
is unsuitable <strong>to</strong> continue <strong>to</strong> work in his or her present position or<br />
any capacity involving contact with children. This includes what is<br />
known as an “abuse of position of trust” as defined in the Sexual<br />
Offences Act 2003.<br />
The criteria that will be applied in respect of an allegation are that a<br />
person has;<br />
• Behaved in a way that has harmed, or may have harmed,<br />
a child<br />
• Possibly committed a criminal offence against, or related<br />
<strong>to</strong> a child; or<br />
• Behaved <strong>to</strong>wards a child or children in a way that he or<br />
she is unsuitable <strong>to</strong> work with children.<br />
There may be up <strong>to</strong> three str<strong>and</strong>s in the consideration of an<br />
allegation;<br />
• A police investigation of a possible criminal offence<br />
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• Enquiries <strong>and</strong> assessment by children’s social care about<br />
whether a child is in need of protection or in need of<br />
services<br />
• Consideration by an employer of disciplinary action in<br />
respect of the individual.<br />
The guidance includes a requirement <strong>to</strong> support those facing an<br />
allegation <strong>and</strong> outlines a timescale within which it is reasonable<br />
<strong>to</strong> expect a decision <strong>to</strong> be made in respect of any allegation <strong>to</strong> be<br />
made.<br />
The relevant line manager, supervisor or the appropriate Senior<br />
Manager within an organisation must be informed of any<br />
allegation made against a member of staff.<br />
4.4.14. Youth Offending Team Procedure <strong>and</strong> Guidance:<br />
These guidelines <strong>and</strong> <strong>procedure</strong>s reflect the role of the Youth<br />
Offending Team in:<br />
• Assessing <strong>and</strong> supervising children <strong>and</strong> young people (aged 10-<br />
17) who have offended, recognising that a number of these<br />
children will also be children in need, some of whose needs will<br />
require safeguarding.<br />
• Managing children <strong>and</strong> young people whose offending behaviour<br />
may pose a risk of significant harm <strong>to</strong> other children <strong>and</strong> young<br />
people.<br />
• Supporting children <strong>and</strong> young people living away from home<br />
within the juvenile secure estate, either on rem<strong>and</strong> awaiting trial<br />
or sentence or serving a cus<strong>to</strong>dial sentence.<br />
A number of the children who are supervised by the Youth<br />
Offending Team will also be children in need, some of whose needs<br />
will require safeguarding. It is necessary therefore for there <strong>to</strong> be<br />
clear links between youth justice <strong>and</strong> local authority <strong>Children</strong>'s<br />
Social Care at both a strategic <strong>and</strong> operational level.<br />
The Youth Offending Team Manager is a member of the Local<br />
<strong>Safe</strong>guarding <strong>Children</strong> Board <strong>and</strong> is responsible for overseeing the<br />
strategic <strong>policy</strong> of the Youth Offending Team <strong>to</strong> ensure that,<br />
notwithst<strong>and</strong>ing any other duties <strong>and</strong> responsibilities, the statu<strong>to</strong>ry<br />
responsibility <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children <strong>and</strong><br />
young people is paramount.<br />
The Manager should make sure that training, advice <strong>and</strong> assistance<br />
is available <strong>to</strong> staff dealing with cases of potential or suspected<br />
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significant harm <strong>and</strong> <strong>to</strong> manage both referrals <strong>and</strong> negotiations with<br />
other agencies in accordance with these <strong>procedure</strong>s.<br />
4.4.15 General Principles<br />
The following underpin the work of the YOT;<br />
• Notwithst<strong>and</strong>ing any other duties <strong>and</strong> responsibilities,<br />
safeguarding <strong>and</strong> promoting the welfare of children <strong>and</strong> young<br />
people is paramount<br />
• In order <strong>to</strong> safeguard the welfare of young offenders the Youth<br />
Offending will work closely in co-operation with other agencies<br />
• Work with young offenders will be delivered in a child/young<br />
person centred way<br />
• Wherever possible, young offenders <strong>and</strong> their families will be<br />
fully involved in decisions which affect them.<br />
4.4.16. The CAF <strong>and</strong> Youth Offending Teams<br />
The Youth Justice Board for Engl<strong>and</strong> <strong>and</strong> Wales (YJB) <strong>and</strong><br />
Department for Education <strong>and</strong> Skills (DfES) have agreed that the<br />
Common Assessment Framework (CAF) does not replace the<br />
ASSET assessment <strong>to</strong>ol used by the Youth Offending Team.<br />
ASSET will continue <strong>to</strong> be used as the primary <strong>to</strong>ol for<br />
assessment of young people within the youth justice system.<br />
However, YOT staff will use CAF when a young person needs <strong>to</strong><br />
be referred <strong>to</strong> an external organisation, <strong>and</strong> that agency requires<br />
all referrals <strong>to</strong> be made using CAF.<br />
4.4.17. Specific Additional Practice Guidance (Pro<strong>to</strong>cols) for YOT <strong>to</strong><br />
consider<br />
• <strong>Children</strong> Living Away from Home in the Juvenile Secure<br />
Estate - See Additional practice Guidance (Pro<strong>to</strong>cols) in<br />
Section 5 – 5.2<br />
• <strong>Children</strong> Abused by <strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong> - See<br />
Additional Practice Guidance (Pro<strong>to</strong>cols) in Section 5 –<br />
5.4<br />
• Managing Individuals who Pose a Risk of Harm <strong>to</strong><br />
<strong>Children</strong> - See Additional Practice Guidance (Pro<strong>to</strong>cols) in<br />
Section 5 – 5.16<br />
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4.5 HEALTH SERVICES<br />
1. INTRODUCTION<br />
This section sets out the <strong>procedure</strong> <strong>and</strong> provides guidance on what<br />
should happen if a member of staff working within a “health” setting<br />
has concerns about the welfare of a child <strong>to</strong>gether with concerns<br />
that the child may be suffering or at risk of suffering abuse or<br />
neglect.<br />
This <strong>procedure</strong> / guidance is not intended as a detailed practice<br />
guide, it sets out clear expectations about the ways in which Health<br />
staff should work <strong>to</strong>gether in the interest of children’s safety <strong>and</strong><br />
wellbeing.<br />
All Health professionals in the NHS, Private Sec<strong>to</strong>r <strong>and</strong> other<br />
agencies play an essential part in ensuring that children <strong>and</strong><br />
families receive the care, support <strong>and</strong> services they need in order <strong>to</strong><br />
promote children’s health <strong>and</strong> development. Because of the<br />
universal nature of health provision, Health professionals are often<br />
the first <strong>to</strong> be aware that families are experiencing difficulties in<br />
looking after their children.<br />
The National Service Framework for <strong>Children</strong>, <strong>Young</strong> <strong>People</strong> <strong>and</strong><br />
Maternity Services (NSF) highlights the serious impact child<br />
physical, emotional or sexual abuse or neglect or domestic violence<br />
(<strong>and</strong> parental mental ill health, substance misuse problems) can<br />
have on all aspects of a child’s health, development <strong>and</strong> well being.<br />
This impact can last throughout adulthood. The high cost of this <strong>to</strong><br />
both individuals <strong>and</strong> <strong>to</strong> societyunderpins the statu<strong>to</strong>ry responsibility<br />
of all health organisations <strong>to</strong> make arrangements <strong>to</strong> safeguard <strong>and</strong><br />
promote the welfare of children. This is defined as:-<br />
Protecting children from maltreatment;<br />
Preventing impairment of children’s health or<br />
development;<br />
Ensuring that children are growing up in circumstances<br />
consistent with the provision of safe <strong>and</strong> effective care.<br />
<strong>and</strong> undertaking that role so as <strong>to</strong> enable those children <strong>to</strong> have<br />
optimum life chances <strong>and</strong> <strong>to</strong> enter adulthood successfully.<br />
Health Professionals <strong>and</strong> organisations have a key role <strong>to</strong> play in<br />
actively promoting the health <strong>and</strong> wellbeing of children. Section 11<br />
of the <strong>Children</strong> Act 2004 places a duty on Strategic Health<br />
Authorities, designated Special Hospitals, Primary Care Trusts, NHS<br />
Trusts <strong>and</strong> NHS Foundation Trusts <strong>to</strong> make arrangements <strong>to</strong> ensure<br />
that in discharging their functions, they have regard <strong>to</strong> the need <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children.<br />
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2. SCOPE OF THE PROCEDURE<br />
This <strong>procedure</strong> / guidance is relevant <strong>to</strong> all staff working within<br />
Health (see below). It is the responsibility of all Health<br />
commissioners <strong>and</strong> providers <strong>to</strong> ensure staff are made aware of this<br />
guidance.<br />
• Ambulance Trust;<br />
• NHS Direct;<br />
• Dentists / Dental Nurses;<br />
• Community Health Trust Staff;<br />
• Hospital Trust Staff;<br />
• Strategic Health Authority;<br />
• Primary Care Trusts;<br />
• Private Hospitals;<br />
• Pharmacists;<br />
• Therapists;<br />
• Op<strong>to</strong>metrists;<br />
• General Practitioners <strong>and</strong> the Primary Health Care Team.<br />
3. GENERAL PRINCIPLES<br />
The main aim is <strong>to</strong> ensure that all affected children receive<br />
appropriate <strong>and</strong> timely therapeutic <strong>and</strong> preventative<br />
interventions. These principles apply <strong>to</strong> all health services <strong>and</strong><br />
health service providers in both the NHS <strong>and</strong> independent<br />
healthcare settings.<br />
The safety <strong>and</strong> the health of a child are intertwined aspects of<br />
their wellbeing. Many “health” interventions also equip a child <strong>to</strong><br />
“stay safe”.<br />
All health professionals working directly with children should<br />
ensure that safeguarding <strong>and</strong> promoting their welfare forms an<br />
integral part of all stages of the care they offer.<br />
Other health professionals who come in<strong>to</strong> contact with children,<br />
parents <strong>and</strong> carers in the course of their work also need <strong>to</strong> be<br />
aware of their responsibility <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of children <strong>and</strong> young people. This is important even<br />
when the health professionals do not work directly with a child,<br />
but may be seeing their parent, carer or other significant adult.<br />
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All health professionals who work with children <strong>and</strong> families<br />
should be able <strong>to</strong>:-<br />
• underst<strong>and</strong> the risk fac<strong>to</strong>rs <strong>and</strong> recognise children in<br />
need of support <strong>and</strong>/or safeguarding;<br />
• recognise the needs of parents who may need extra<br />
help in bringing up their children, <strong>and</strong> know where <strong>to</strong><br />
refer for help;<br />
• recognise the risks of abuse <strong>to</strong> an unborn child;<br />
• contribute <strong>to</strong> enquiries from other professionals about<br />
a child <strong>and</strong> their family or carers;<br />
• liaise closely with other agencies including other<br />
health professionals;<br />
• assess the needs of children <strong>and</strong> the capacity of<br />
parents/carers <strong>to</strong> meet their children’s needs<br />
including the needs of children who display sexually<br />
harmful behaviours;<br />
• plan <strong>and</strong> respond <strong>to</strong> the needs of children <strong>and</strong> their<br />
families, particularly those who are vulnerable;<br />
• contribute <strong>to</strong> child protection conferences, family<br />
group conferences <strong>and</strong> strategy discussions;<br />
• contribute <strong>to</strong> planning support for children at risk of<br />
significant harm e.g. children living in households<br />
with domestic violence, parental substance misuse;<br />
• help ensure that children who have been abused <strong>and</strong><br />
parents under stress (e.g. who have mental health<br />
problems) have access <strong>to</strong> services <strong>to</strong> support them;<br />
• play an active part, through the child protection plan,<br />
in safeguarding children from significant harm;<br />
• as part of generally safeguarding children <strong>and</strong> young<br />
people, provide ongoing promotional <strong>and</strong><br />
preventative support through proactive work with<br />
children, families <strong>and</strong> expectant parents;<br />
• contribute <strong>to</strong> serious case reviews <strong>and</strong> their<br />
implementation.<br />
The above should all be undertaken with reference <strong>to</strong> the core<br />
processes (summarised in “What <strong>to</strong> do if you’re worried a child is<br />
being abused” (DoH 2003), “Responding <strong>to</strong> Domestic Abuse : A<br />
H<strong>and</strong>book for Health Professionals” (DoH 2005), <strong>and</strong> these<br />
<strong>procedure</strong>s. Professionals <strong>and</strong> their teams have access <strong>to</strong> advice<br />
<strong>and</strong> support from their Trust named <strong>and</strong> designated child<br />
safeguarding professionals <strong>and</strong> undertake regular safeguarding<br />
training <strong>and</strong> updating.<br />
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4. ROLES AND RESPONSIBILITIES<br />
Strategic Health Authorities<br />
The Strategic Health Authority’s (SHA’s) role is <strong>to</strong> performance<br />
manage <strong>and</strong> support the development of NHS <strong>and</strong> Primary Care<br />
Trusts’ arrangements <strong>to</strong> safeguard <strong>and</strong> promote the welfare of<br />
children <strong>and</strong> young people. SHA’s will need <strong>to</strong> manage performance<br />
against the core <strong>and</strong> developmental st<strong>and</strong>ards <strong>and</strong> Trusts’<br />
implementation of child protection serious case review action plans.<br />
They will be able <strong>to</strong> draw on the findings of a number of inspection<br />
processes – the Joint Area Review <strong>and</strong> Youth Offending Teams<br />
Inspections undertaken by a number of inspec<strong>to</strong>rates working in<br />
partnership, including the Health Care Commission; <strong>and</strong> the annual<br />
health checks, improvement reviews <strong>and</strong> investigations undertaken<br />
by the Healthcare Commission.<br />
Their membership of the LSCB’s will enable them <strong>to</strong> oversee the<br />
health contribution <strong>to</strong> safeguarding children at local level. The<br />
Department of Health holds SHA’s <strong>to</strong> account for this role.<br />
Primary Care Trusts<br />
Primary Care Trusts (PCTs) are under a duty <strong>to</strong> make arrangements<br />
<strong>to</strong> ensure that in discharging their functions, they have regard <strong>to</strong> the<br />
need <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children. PCT’s<br />
should work with local authorities <strong>to</strong> commission <strong>and</strong> provide coordinated<br />
<strong>and</strong> wherever possible, integrated services. PCT’s should<br />
identify a senior lead for children <strong>and</strong> young people <strong>to</strong> ensure that<br />
their needs are at the forefront of local planning <strong>and</strong> service<br />
delivery. There should be a named public health professional who<br />
addresses issues around children in need as well as those in need of<br />
protection.<br />
PCT Chief Executives have responsibility for ensuring that the health<br />
contribution <strong>to</strong> safeguarding <strong>and</strong> promoting the welfare of children is<br />
discharged effectively across the whole local health economy<br />
through the PCT’s commissioning arrangements. The PCT’s role is<br />
not only about specific clinical services, but also about exercising a<br />
public health responsibility for a whole population <strong>and</strong> a key task is<br />
ensuring the health <strong>and</strong> wellbeing of children in need in their area.<br />
Where practice-based commissioners undertake commissioning of<br />
services, this should be done in partnership with PCT’s who will need<br />
<strong>to</strong> ensure their safeguarding duties are fulfilled.<br />
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PCT’s must co-operate with the Local Authority in the establishment<br />
<strong>and</strong> operation of the LSCB <strong>and</strong> as partners share responsibility for<br />
the effective discharge of its functions in safeguarding <strong>and</strong><br />
promoting the welfare of children. Representation on the Board<br />
should be at an appropriate level of seniority. PCT’s are also<br />
responsible for providing <strong>and</strong>/or ensuring the availability of<br />
appropriate expertise <strong>and</strong> advice <strong>and</strong> support <strong>to</strong> the LSCB in respect<br />
of a range of specialist health functions e.g. primary care, mental<br />
health (adult <strong>and</strong> child <strong>and</strong> adolescent) <strong>and</strong> sexual health, <strong>and</strong> for<br />
co-ordinating the health component of serious case reviews. The<br />
PCT must also ensure that all health organisations including the<br />
independent healthcare sec<strong>to</strong>r with whom they have commissioning<br />
arrangements have links with a specific LSCB <strong>and</strong> that health<br />
agencies work in partnership in accordance with their agreed LSCB<br />
plan.<br />
PCT’s should ensure all health providers from whom they<br />
commission services – both public <strong>and</strong> independent sec<strong>to</strong>r – have<br />
comprehensive single <strong>and</strong> multi-age cy policies <strong>and</strong> <strong>procedure</strong>s <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children which are in line with<br />
<strong>and</strong> informed by LSCB <strong>procedure</strong>s, <strong>and</strong> are easily accessible for<br />
staff at all levels within each organisation.<br />
Each PCT is responsible for identifying a senior paediatrician <strong>and</strong><br />
senior nurse <strong>to</strong> undertake the role of designated professionals for<br />
safeguarding children across the health economy <strong>and</strong> for identifying<br />
a named doc<strong>to</strong>r <strong>and</strong> a named nurse (or midwife) who will take a<br />
professional lead within the PCT on safeguarding children matters.<br />
Designated professionals should be performance managed in<br />
relation <strong>to</strong> their designated functions, at the level of Board Level<br />
Direc<strong>to</strong>r who has executive responsibility for safeguarding children<br />
as part of their portfolio of responsibilities.<br />
If this person is not the Board level lead for clinical governance <strong>and</strong><br />
clinical professional leadership, the designated professional will also<br />
need <strong>to</strong> work closely with this lead person. PCT’s should ensure that<br />
all their staff are alert <strong>to</strong> the need <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of children, have knowledge of local <strong>procedure</strong>s <strong>and</strong> know<br />
how <strong>to</strong> contact the named <strong>and</strong> designated professionals.<br />
PCT’s are expected <strong>to</strong> ensure that safeguarding <strong>and</strong> promoting the<br />
welfare of children are integral <strong>to</strong> clinical governance <strong>and</strong> audit<br />
arrangements. Service specifications drawn up by PCT<br />
commissioners should include clear service st<strong>and</strong>ards for<br />
safeguarding <strong>and</strong> promoting the welfare of children, consistent with<br />
LSCB <strong>procedure</strong>s. By moni<strong>to</strong>ring the service st<strong>and</strong>ards of NHS<br />
Foundation Trusts <strong>and</strong> contracted service providers PCT’s will assure<br />
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themselves that service providers are meeting the required<br />
safeguarding st<strong>and</strong>ards.<br />
PCT’s should ensure that all primary care teams have easy access <strong>to</strong><br />
paediatricians trained in examining, identifying <strong>and</strong> assessing<br />
children <strong>and</strong> young people who may be experiencing abuse or<br />
neglect, <strong>and</strong> that local arrangements include having all the<br />
necessary equipment <strong>and</strong> staff expertise for undertaking forensic<br />
medical examinations. These arrangements should avoid repeated<br />
examinations.<br />
PCT’s jointly commission services of Sexual Assault Referrals<br />
Centres (SARCs) with the Police <strong>and</strong> voluntary sec<strong>to</strong>r organisations<br />
for victims of rape <strong>and</strong> sexual assault, including services for children<br />
<strong>and</strong> young people. SARCs provide forensic, medical <strong>and</strong> counselling<br />
services involving specialist sexual health input. This is a target in<br />
the Public Health White Paper Delivery Plan, <strong>and</strong> joint Department of<br />
Health, National Institute for Mental Health in Engl<strong>and</strong> <strong>and</strong> Home<br />
Office National Service Guidelines have been published on<br />
Developing Sexual Assault Referral Centres (2005).<br />
NHS Trusts <strong>and</strong> NHS Foundation Trusts<br />
NHS Trusts, Mental Health Trusts <strong>and</strong> NHS Foundation Trusts are<br />
responsible for providing health services in hospital <strong>and</strong> community<br />
settings. They must co-operate with the Local Authority in the<br />
establishment <strong>and</strong> operation of the LSCB <strong>and</strong> as statu<strong>to</strong>ry partners<br />
share responsibility for the effective discharge of its functions in<br />
safeguarding <strong>and</strong> promoting the welfare of children. Representation<br />
on the Board should be at an appropriate level of seniority.<br />
A wide range of their staff will come in<strong>to</strong> contact with children <strong>and</strong><br />
parents in the course of their normal duties. All these staff should<br />
be trained in how <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children,<br />
be alert <strong>to</strong> potential indica<strong>to</strong>rs of abuse or neglect in children, <strong>and</strong><br />
know how <strong>to</strong> act upon their concerns in line with LSCB <strong>procedure</strong>s.<br />
All NHS Trusts <strong>and</strong> NHS Foundation Trusts should identify a named<br />
doc<strong>to</strong>r <strong>and</strong> named nurse / midwife for child protection.<br />
Staff working in Accident <strong>and</strong> Emergency (A&E) departments,<br />
ambula<strong>to</strong>ry care units, walk in centres <strong>and</strong> minor injury units should<br />
be able <strong>to</strong> recognise abuse <strong>and</strong> be familiar with local <strong>procedure</strong>s for<br />
making enquiries <strong>to</strong> find out whether a child is subject <strong>to</strong> a child<br />
protection plan. Staff in A&E departments should also be alert <strong>to</strong><br />
the need <strong>to</strong> safeguard the welfare of children when treating parents<br />
or carers of children. They should also be alert <strong>to</strong> parents <strong>and</strong><br />
carers who seek medical care from a number of sources in order <strong>to</strong><br />
conceal the repeated nature of a child’s injuries. Special paediatric<br />
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advice should be available at all times <strong>to</strong> A&E Departments, <strong>and</strong> all<br />
units where children receive care. If a child – or children from the<br />
same household – presents repeatedly, even with slight injuries, in a<br />
way which doc<strong>to</strong>rs, nurses or other staff find worrying, they should<br />
act upon their concerns in accordance with the key processes<br />
summarised in What To Do If You’re Worried a Child is Being<br />
Abused. <strong>Children</strong> <strong>and</strong> families should be actively <strong>and</strong> appropriately<br />
involved in these processes unless this would result in harm <strong>to</strong> the<br />
child.<br />
The relevant child’s General Practitioner (GP), Health Visi<strong>to</strong>r (HV) or<br />
School Nurse (SN) should be notified of visits by children <strong>to</strong> an A&E<br />
Department, ambula<strong>to</strong>ry unit, walk in centre or minor injury unit.<br />
Where the child is not registered with a GP, the appropriate contact<br />
in the Primary Care Trust is <strong>to</strong> be notified for arranging registration.<br />
Ambulance Trusts <strong>and</strong> NHS Direct sites<br />
The staff working in these health services will have access (by<br />
phone or in person) <strong>to</strong> family homes <strong>and</strong> be involved with<br />
individuals in a time of crisis <strong>and</strong> may therefore be in a position <strong>to</strong><br />
identify concerns regarding a child’s welfare. Each of these<br />
organisations should have a named professional for safeguarding<br />
children.<br />
Independent Sec<strong>to</strong>r<br />
PCT’s should ensure that through their contacting arrangements,<br />
independent sec<strong>to</strong>r providers deliver services that are in line with<br />
PCT’s obligations with respect <strong>to</strong> safeguarding <strong>and</strong> promoting the<br />
welfare of children <strong>and</strong> their duty <strong>to</strong> notify the Local Authority of<br />
children who are, or likely <strong>to</strong> be accommodated for at least three<br />
months.<br />
Designated <strong>and</strong> Named Professionals<br />
The terms “designated” <strong>and</strong> “named professionals” denote<br />
professionals with specific roles <strong>and</strong> responsibilities for safeguarding<br />
children. All PCT’s should have a designated doc<strong>to</strong>r <strong>and</strong> nurse <strong>to</strong><br />
take a strategic, professional lead on all aspects of the health<br />
service contribution <strong>to</strong> safeguarding children across the PCT area,<br />
which includes all providers. The designated <strong>and</strong> named<br />
professionals are accessible for advice <strong>and</strong> support on safeguarding<br />
matters.<br />
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Paediatricians<br />
Paediatricians, wherever they work, will come in<strong>to</strong> contact with child<br />
abuse in the course of their work. All paediatricians need <strong>to</strong><br />
maintain their skills in the recognition of abuse, <strong>and</strong> be familiar with<br />
the <strong>procedure</strong>s <strong>to</strong> be followed if abuse <strong>and</strong> neglect is suspected.<br />
Consultant paediatricians in particular may be involved in difficult<br />
diagnostic situations, differentiating those where abnormalities may<br />
have been caused by abuse from those which have a medical cause.<br />
In their contacts with children <strong>and</strong> families they should be sensitive<br />
<strong>to</strong> clues suggesting the need for additional support or inquiries.<br />
Where paediatricians undertake forensic medical examination, they<br />
must ensure they are competent <strong>to</strong> do so, or work <strong>to</strong>gether with a<br />
colleague such as a forensic medical examiner who has the<br />
necessary complementary skills.<br />
Paediatricians will sometimes be required <strong>to</strong> provide reports for child<br />
protection investigations, civil <strong>and</strong> criminal proceedings <strong>and</strong> <strong>to</strong><br />
appear as witnesses <strong>to</strong> give oral evidence. They must always act in<br />
accordance with guidance from the General Medical Council <strong>and</strong><br />
professional bodies, ensuring their evidence is accurate.<br />
Some paediatricians will act as independent expert witnesses in<br />
legal proceedings. The Academy of Royal Colleges issued guidance<br />
for those undertaking expert witness work in 2005.<br />
Dental Practitioners <strong>and</strong> Dental Care Professionals (DCPs)<br />
Dental Practitioners <strong>and</strong> the dental care professionals (dental<br />
therapists, dental hygienists, dental nurses etc) work in a variety of<br />
settings as salaried staff of PCT’s, as providers of PCT commissioned<br />
services <strong>and</strong> as independent practitioners. They may see vulnerable<br />
children both within health care settings <strong>and</strong> when undertaking<br />
domiciliary visits. They are likely <strong>to</strong> identify injuries <strong>to</strong> the head,<br />
neck, face, mouth <strong>and</strong> teeth, as well as potentially identifying other<br />
child welfare concerns.<br />
The dental team, irrespective of the healthcare setting in which they<br />
work, should therefore be included within the child protection<br />
systems <strong>and</strong> training within the local trust. Dentists should have<br />
access <strong>to</strong> a copy of the LSCB’s <strong>procedure</strong>s.<br />
The dental team should have knowledge <strong>and</strong> skills <strong>to</strong> identify<br />
concerns regarding a child’s welfare, know how <strong>to</strong> refer <strong>to</strong> children’s<br />
Social Care, <strong>and</strong> who <strong>to</strong> contact for further advice, including the<br />
named professionals in the local health trust.<br />
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Other Health Professionals<br />
All other health professionals <strong>and</strong> staff who provide help <strong>and</strong> support<br />
<strong>to</strong> promote children’s health <strong>and</strong> development should have<br />
knowledge of the local LSCB <strong>procedure</strong>s <strong>and</strong> how <strong>to</strong> contact named<br />
professionals for advice <strong>and</strong> support.<br />
They should receive the training <strong>and</strong> supervision needed <strong>to</strong><br />
recognise <strong>and</strong> act upon child welfare concerns <strong>and</strong> <strong>to</strong> respond <strong>to</strong> the<br />
needs of children. This includes those roles covered specifically in<br />
the preceding sections <strong>and</strong> those such as:-<br />
• Hospital, Community Nursing <strong>and</strong> Medical Staff;<br />
• Clinical Psychologists;<br />
• Staff in geni<strong>to</strong>-urinary medicine services;<br />
• Obstetric <strong>and</strong> Gynaecological staff;<br />
• Occupational Therapists, Physiotherapists;<br />
• Staff in Sexual Health Services;<br />
• Speech <strong>and</strong> Language Therapists.<br />
• Op<strong>to</strong>metrists;<br />
• Pharmacists;<br />
• Other professions allied <strong>to</strong> medicine.<br />
This list is not exhaustive.<br />
Universal Services:<br />
(General Practitioner, The Primary Health Care Team,<br />
Practice employed staff <strong>and</strong> School Nurses)<br />
General Practitioners (GPs), other members of the primary health<br />
care team (PHCT) <strong>and</strong> practice employed staff have key roles <strong>to</strong> play<br />
both in the identification of children who may have been abused <strong>and</strong><br />
those who are at risk of abuse; <strong>and</strong> in subsequent intervention <strong>and</strong><br />
protection. Surgery consultations, home visits, treatment room<br />
sessions, child health clinic attendance, drop-in centres <strong>and</strong><br />
information from staff such as health visi<strong>to</strong>rs, midwives, school<br />
nurses <strong>and</strong> practice nurses may all help <strong>to</strong> build up a picture of the<br />
child’s situation <strong>and</strong> can alert the team if there is some concern.<br />
All PHCT members <strong>and</strong> practice employed staff should know when it<br />
is appropriate <strong>to</strong> refer a child <strong>to</strong> <strong>Children</strong>’s Social Care for help as a<br />
“child in need”, <strong>and</strong> how <strong>to</strong> act on concerns that a child may be at<br />
risk of significant harm through abuse or neglect. In addition,<br />
where the GP is not making the referral, they should be informed at<br />
the earliest opportunity.<br />
The GP, practice employed staff <strong>and</strong> the PHCT are also well placed<br />
<strong>to</strong> recognise when a parent or other adult has problems which may<br />
affect their capacity as a parent or carer, or which may mean that<br />
they pose a risk of harm <strong>to</strong> a child. While GPs have responsibilities<br />
<strong>to</strong> all their patients, children may be particularly vulnerable <strong>and</strong><br />
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their welfare is paramount. If the PHCT has concerns that an<br />
adult’s illness or behaviour may be causing, or putting a child at<br />
risk of, significant harm, they should follow the <strong>procedure</strong>s<br />
summarised in What To Do If You’re Worried a Child is Being<br />
Abused.<br />
Because of their knowledge of children <strong>and</strong> families, GPs <strong>to</strong>gether<br />
with other practice staff <strong>and</strong> PHCT members, have an important role<br />
in all stages of child protection processes, from appropriate<br />
information sharing (subject <strong>to</strong> normal confidentiality requirements)<br />
with <strong>Children</strong>’s Social Care Services when enquiries are being<br />
made about a child, <strong>and</strong> contributing <strong>to</strong> assessments, <strong>to</strong><br />
involvement in a child protection plan <strong>to</strong> protect a child from harm,<br />
as appropriate. GPs, practice staff <strong>and</strong> other PHCT practitioners<br />
should make available <strong>to</strong> child protection conferences relevant<br />
information about a child <strong>and</strong> family, whether or not they – or a<br />
member of the PHCT – are able <strong>to</strong> attend.<br />
All GPs have a duty <strong>to</strong> maintain their skills in the recognition of<br />
abuse, <strong>and</strong> <strong>to</strong> be familiar with the <strong>procedure</strong>s <strong>to</strong> be followed if abuse<br />
is suspected. GPs should take part in training about safeguarding<br />
<strong>and</strong> promoting the welfare of children <strong>and</strong> have regular updates as<br />
part of their postgraduate educational programme <strong>and</strong> as employers<br />
should ensure that practice nurses, practice managers, receptionists<br />
<strong>and</strong> any other staff whom they employ, are given the opportunities<br />
<strong>to</strong> attend local courses in safeguarding <strong>and</strong> promoting the welfare of<br />
children or ensure that safeguarding training is provided within the<br />
team.<br />
PHCTs should have a clear means of identifying in records those<br />
children (<strong>to</strong>gether with their parents <strong>and</strong> siblings) who are the<br />
subject of a child protection plan. This will enable them <strong>to</strong> be<br />
recognised by the partners of the practice <strong>and</strong> any other doc<strong>to</strong>r,<br />
practice nurse or health visi<strong>to</strong>r who may be involved in the care of<br />
those children. There should be good communication between GPs,<br />
health visi<strong>to</strong>rs, school nurses, practices nurses <strong>and</strong> midwives in<br />
respect of all children about whom there are concerns.<br />
PCTs are responsible for planning integrated GP out-of-hours<br />
services in their local area <strong>and</strong> staff working within these services<br />
should know who <strong>to</strong> access advice from designated <strong>and</strong> named<br />
professionals within the PCT, <strong>and</strong> local LSCBs. Each GP <strong>and</strong><br />
member of the PHCT should have access <strong>to</strong> a copy of the local LSCB<br />
<strong>procedure</strong>s.<br />
School Nurses have regular contact with school age children who<br />
spend a significant proportion of their time in school. Their skills<br />
<strong>and</strong> knowledge of child health <strong>and</strong> development mean that, in their<br />
work with children promoting, assessing <strong>and</strong> moni<strong>to</strong>ring health <strong>and</strong><br />
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development, they have n important role in all stages of<br />
safeguarding children <strong>and</strong> child safeguarding processes.<br />
Maternity Services<br />
Midwives are the primary health professionals likely <strong>to</strong> be working<br />
with <strong>and</strong> supporting women <strong>and</strong> their families throughout<br />
pregnancy. However, other health professionals including maternity<br />
support workers, health visi<strong>to</strong>rs <strong>and</strong>, where applicable, specialist key<br />
workers may also be directly engaged in providing support. The<br />
close relationships they foster with their clients provides an<br />
opportunity <strong>to</strong> observe attitudes <strong>to</strong>wards the developing baby <strong>and</strong><br />
identify potential problems during pregnancy, birth <strong>and</strong> the child’s<br />
early care.<br />
It is estimated that a third of domestic violence starts or escalates<br />
during pregnancy. All health professionals working with pregnant<br />
women should underst<strong>and</strong> that vulnerable women are more likely <strong>to</strong><br />
delay seeking care, <strong>to</strong> fail <strong>to</strong> attend antenatal clinics regularly <strong>and</strong><br />
will tend <strong>to</strong> deny <strong>and</strong> minimise abuse. Recognising the prevalence<br />
of abuse across all socio economic groups, it is important <strong>to</strong> provide<br />
a supportive <strong>and</strong> enabling environment, where the issue of abuse is<br />
raised with every pregnant women, with the provision of information<br />
about specialist agencies, thus enabling disclosure should a woman<br />
choose. (Maternity Section <strong>Children</strong>’s NSF 2004). The Department<br />
of Health issued revised guidance Responding <strong>to</strong> Domestic Violence:<br />
A H<strong>and</strong>book for Health Professionals in January 2006.<br />
Women <strong>and</strong> their families are increasingly choosing <strong>to</strong> access<br />
midwifery led maternity services. These are primarily outside<br />
hospitals in community based settings, including in <strong>Children</strong>’s<br />
Centres.<br />
Where midwives <strong>and</strong> other maternity support staff are employed<br />
directly by NHS Primary Care or Hospital Trusts they are integrated<br />
in that Trust’s safeguarding arrangements. In the future new<br />
commissioning arrangements may provide more flexible<br />
employment options. Contracting processes must explicitly specify<br />
<strong>and</strong> moni<strong>to</strong>r that health professionals working in this way are fully<br />
integrated in<strong>to</strong> the local safeguarding arrangements applicable <strong>to</strong> all<br />
other relevant health care providers.<br />
Nurses <strong>and</strong> other health professionals working with children <strong>and</strong><br />
families in a variety of environments need <strong>to</strong> be alert <strong>to</strong> the strong<br />
links between adult domestic abuse <strong>and</strong> child abuse <strong>and</strong> are well<br />
placed <strong>to</strong> recognise when a child is in need of help, services or at<br />
potential risk of significant harm.<br />
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Child <strong>and</strong> Adolescent Mental Health Services<br />
In the course of their work, child <strong>and</strong> adolescent mental health<br />
professionals will therefore want <strong>to</strong> identify as part of assessment<br />
<strong>and</strong> care planning whether child abuse or neglect, or domestic<br />
violence are fac<strong>to</strong>rs in a child’s mental health problems <strong>and</strong> <strong>to</strong><br />
ensure this is addressed appropriately in their treatment <strong>and</strong> care.<br />
If they think a child is currently affected they should follow the child<br />
protection <strong>procedure</strong>s laid down for their services within their area.<br />
Consultation, supervision <strong>and</strong> training resources should be available<br />
<strong>and</strong> accessible in each service.<br />
Child <strong>and</strong> adolescent mental health professionals have a role in the<br />
initial assessment process in circumstances where their specific<br />
skills <strong>and</strong> knowledge are helpful. Examples include: children <strong>and</strong><br />
young people with severe behavioural <strong>and</strong> emotional disturbance,<br />
eating disorders or self-harming behaviour; families where there is<br />
a perceived high risk of danger; very young children, or where the<br />
abused child or abuser has severe communication problems; where<br />
the parent or carer fabricate or induce illness; <strong>and</strong> where multiple<br />
victims are involved. In addition, assessment <strong>and</strong> treatment<br />
services may need <strong>to</strong> be provided <strong>to</strong> young people with mental<br />
health problems who offend. The assessment of children with<br />
significant learning difficulties, a disability, or sensory <strong>and</strong><br />
communication difficulties, may require the expertise of a specialist<br />
learning disability or child <strong>and</strong> adolescent mental health service.<br />
Child <strong>and</strong> adolescent mental health services also have a role in the<br />
provision of a range of psychiatric <strong>and</strong> psychological assessment <strong>and</strong><br />
treatment services for children <strong>and</strong> families.<br />
Services that may be provided, in liaison with <strong>Children</strong>’s social care,<br />
include the provision of reports for Court, <strong>and</strong> direct work with<br />
children, parents <strong>and</strong> families. Services may be provided either<br />
within general or specialist multi-disciplinary teams, depending upon<br />
the severity <strong>and</strong> complexity of the problem. In addition,<br />
consultation <strong>and</strong> training may be offered <strong>to</strong> services in the<br />
community including, for example, <strong>Children</strong>’s Social Care, schools,<br />
primary health care teams <strong>and</strong> nurseries.<br />
Adult Mental Health Services<br />
Adult mental health services, including those providing general adult<br />
<strong>and</strong> community, forensic, psychotherapy, alcohol <strong>and</strong> substance<br />
misuse <strong>and</strong> learning disability services, have a responsibility in<br />
safeguarding children when they become aware of or identify a child<br />
at risk of harm. This may be as a result of service’s direct work with<br />
those who may be mentally ill, a parent, a parent-<strong>to</strong>-be, or a non-<br />
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elated abuser, or in response <strong>to</strong> a request for the assessment of an<br />
adult perceived <strong>to</strong> represent a potential or actual risk <strong>to</strong> a child or<br />
young person. These staff need <strong>to</strong> be especially aware of the risk of<br />
neglect, emotional abuse <strong>and</strong> domestic abuse. They should follow<br />
the child protection <strong>procedure</strong>s laid down for their services within<br />
their area. Consultation, supervision <strong>and</strong> training resources should<br />
be available <strong>and</strong> accessible in each service.<br />
In order <strong>to</strong> safeguard children of patients, mental health<br />
practitioners should routinely record details of patients’<br />
responsibilities in relation <strong>to</strong> children <strong>and</strong> consider the support needs<br />
of patients who are parents <strong>and</strong> their children in all aspects of their<br />
work using the Care Programme Approach.<br />
Mental Health practitioners should refer <strong>to</strong> Royal College of<br />
Psychiatrists <strong>policy</strong> documents including Patients as Parents <strong>and</strong><br />
Child Abuse <strong>and</strong> Neglect: The role of Mental Health Services.<br />
Close collaboration <strong>and</strong> liaison between the adult mental health<br />
services <strong>and</strong> children’s Social Care are essential in the interests of<br />
children. This may require the sharing of information <strong>to</strong> safeguard<br />
<strong>and</strong> promote the welfare of children or protect a child from<br />
significant harm. The expertise of substance misuse <strong>and</strong> learning<br />
disability services may also be required. The assessment of parents<br />
with significant learning difficulties, a disability, or sensory <strong>and</strong><br />
communication difficulties, may require the expertise of a specialist<br />
psychiatrist or clinical psychologist from a learning disability or adult<br />
mental health service.<br />
Alcohol <strong>and</strong> Drug Services<br />
A range of services are provided, in particular by health <strong>and</strong><br />
voluntary organisations, <strong>to</strong> respond <strong>to</strong> the needs of both adults<br />
(with parental responsibilities) <strong>and</strong> children who misuse drugs.<br />
These services are linked <strong>to</strong> the relevant agencies at local level<br />
through Drug Action Teams, which comprise, as a minimum, health,<br />
<strong>Children</strong>’s social care, education <strong>and</strong> Police representatives. It is<br />
important that arrangements are in place, which enables child<br />
protection, substance misuse (include alcohol) services referrals <strong>to</strong><br />
be made in relevant cases. Where children may be suffering<br />
significant harm because of their own substance misuse, or where<br />
parental substance misuse may be causing such harm, referrals will<br />
need <strong>to</strong> be made by drug action teams or alcohol services in<br />
accordance with LSCB <strong>procedure</strong>s. Where children are not suffering<br />
significant harm, referral arrangements also need <strong>to</strong> be in place <strong>to</strong><br />
enable children’s broader needs <strong>to</strong> be assessed <strong>and</strong> responded <strong>to</strong>.<br />
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5. WHAT IS ABUSE AND NEGLECT<br />
Abuse <strong>and</strong> Neglect are forms of maltreatment of a child. Somebody<br />
may abuse or neglect a child be inflicting harm, or by failing <strong>to</strong> act<br />
<strong>to</strong> prevent harm.<br />
<strong>Children</strong> may be abused in a family or in an institutional or<br />
community setting: by those known <strong>to</strong> them or, more rarely, by a<br />
stranger. They may be abused by an adult or adults or another<br />
child or children.<br />
Physical Abuse<br />
Physical abuse may involve hitting, shaking, throwing, poisoning,<br />
burning or scalding, drowning, suffocating or otherwise causing<br />
physical harm <strong>to</strong> a child. Physical harm may also be caused when a<br />
parent or carer fabricates the symp<strong>to</strong>ms of, or deliberately induces<br />
illness in a child.<br />
Emotional Abuse<br />
Emotional abuse is the persistent emotional maltreatment of a child<br />
such as <strong>to</strong> cause severe <strong>and</strong> persistent adverse effects on the child’s<br />
emotional development. It may involve conveying the children that<br />
they are worthless or unloved, inadequate, or valued only insofar as<br />
they meet the needs of another person.<br />
It may feature age or developmentally inappropriate expectations<br />
being imposed on children. These may include interactions that are<br />
beyond the child’s developmental capability, as well `as<br />
overprotection <strong>and</strong> limitation of exploration <strong>and</strong> learning, or<br />
preventing the child participating in normal social interaction. It<br />
may involve seeing or hearing the ill-treatment of another. It may<br />
involve serious bullying causing children frequently <strong>to</strong> feel frightened<br />
or in danger, or the exploitation or corruption of children. Some<br />
level of emotional abuse is involved in all types of maltreatment of a<br />
child, though it may occur alone.<br />
Sexual Abuse<br />
Sexual abuse involves forcing or enticing a child or young person <strong>to</strong><br />
take part in sexual activities, including prostitution, whether or not<br />
the child is aware of what is happening. The activities may involve<br />
physical contact, including penetrative (e.g. rape, buggery or oral<br />
sex) or non-penetrative acts. They may include non-contact<br />
activities, such as involving children in looking at, or in the<br />
production of, pornographic material or watching sexual activities or<br />
encouraging children <strong>to</strong> behave in sexually inappropriate ways.<br />
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Neglect<br />
Neglect is the persistent failure <strong>to</strong> meet a child’s basic physical<br />
<strong>and</strong>/or psychological needs, likely <strong>to</strong> result in the serious<br />
impairment of the child’s health or development. Neglect may occur<br />
during pregnancy as a result of maternal substance abuse.<br />
Once a child is born, neglect may involve a parent or carer failing <strong>to</strong><br />
provide adequate food <strong>and</strong> clothing, shelter including exclusion from<br />
home or ab<strong>and</strong>onment, failing <strong>to</strong> protect a child from physical <strong>and</strong><br />
emotional harm or danger, failure <strong>to</strong> ensure adequate supervision<br />
including the use of inadequate care-takers, or the failure <strong>to</strong> ensure<br />
access <strong>to</strong> appropriate medical care or treatment. It may also<br />
include neglect of, or unresponsiveness <strong>to</strong>, a child’s basic emotional<br />
needs.<br />
6. DEFINITION OF A CHILD IN NEED<br />
<strong>Children</strong> who are defined as being “in need”, under section 17 of the<br />
<strong>Children</strong> Act 1989, are those whose vulnerability is such that they<br />
are unlikely <strong>to</strong> reach or maintain a satisfac<strong>to</strong>ry level of health or<br />
development, or their health <strong>and</strong> development will be significantly<br />
impaired, without the provision of services (Section 17(10) of the<br />
<strong>Children</strong> Act 1989), plus those who are disabled.<br />
The critical fac<strong>to</strong>rs <strong>to</strong> be taken in<strong>to</strong> account in deciding whether a<br />
child is in need under the <strong>Children</strong> Act 1989 are what will happen <strong>to</strong><br />
a child’s health or development without services being provided, the<br />
likely effect the services will have on the child’s st<strong>and</strong>ard of health<br />
<strong>and</strong> development. Local Authorities have a duty <strong>to</strong> safeguard <strong>and</strong><br />
promote the welfare of children in need.<br />
7. THE CHILD IS IN IMMEDIATE DANGER<br />
In circumstances where a child is deemed <strong>to</strong> be in immediate<br />
danger, it is imperative that the Police/Ambulance are alerted in the<br />
first instance, <strong>to</strong> secure their safety <strong>and</strong> appropriate medical<br />
attention as required.<br />
N.B: Medical Services of the receiving Hospital should be<br />
informed by the referrer <strong>and</strong> <strong>Children</strong>’s Social Care<br />
should be informed of any action taken.<br />
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8. EMERGENCY DUTY TEAM<br />
The Emergency Duty Team consists of a team of Social Workers who<br />
are available out of normal office hours <strong>to</strong> take referrals that<br />
require/may require urgent action in relation <strong>to</strong> a child who is<br />
believed <strong>to</strong> be at risk of significant harm or is suffering significant<br />
harm.<br />
9. SHARING CONCERNS/AGREEMENT OF THE CHILD/PARENTS –<br />
REFERRAL TO CHILDREN’S SOCIAL CARE<br />
Professionals should seek in general <strong>to</strong> discuss any concerns with<br />
the parents/child (dependent on the child’s underst<strong>and</strong>ing, situation<br />
<strong>and</strong> family circumstances) <strong>and</strong> seek their agreement <strong>to</strong> making a<br />
referral <strong>to</strong> <strong>Children</strong>’s social care. Parent/carers may not agree <strong>to</strong><br />
information being shared but this should not prevent a referral<br />
being made where child protection concerns persist. Reasons for<br />
dispensing with consent should be clearly recorded.<br />
Referrals of all children in need, including those where there are<br />
child protection concerns should be made <strong>to</strong>:<br />
HULL <strong>to</strong> the <strong>Children</strong>’s Social Care Team (where the child lives)<br />
EAST RIDING -by telephoning the Call Centre or by visiting a<br />
Cus<strong>to</strong>mer Service Centre<br />
OUT OF HOURS – <strong>to</strong> the <strong>Children</strong>’s Social Care Emergency Duty<br />
Team<br />
Details are contained within Section 6 “Contacts”<br />
10. MAKING A REFERRAL<br />
Anyone who has concerns about a child but is unclear whether they<br />
should make a referral should consult with a senior or specialist<br />
colleague.<br />
Professionals who telephone the <strong>Children</strong>’s Social Care will confirm<br />
referrals in writing within 48 hours.<br />
You should share the nature of your concerns, how <strong>and</strong> why they<br />
have arisen <strong>and</strong> what appears <strong>to</strong> be the needs of the child <strong>and</strong><br />
family.<br />
You should be clear about any need for URGENT action <strong>to</strong> make the<br />
child safe from harm.<br />
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Following a referral, the referrer can expect <strong>to</strong> be informed within 24<br />
hours about the next course of action or that no further action will<br />
be taken by the <strong>Children</strong>’s Social Care at this time. The referrer will<br />
record the decision agreed on their own agency records.<br />
11. INFORMATION SHARING<br />
Promoting a child’s well-being <strong>and</strong> safeguarding them from<br />
significant harm requires professionals <strong>and</strong> others <strong>to</strong> share<br />
information about a child’s health, development <strong>and</strong> exposure <strong>to</strong><br />
possible harm, about a parent who may need help <strong>to</strong>, or not be able<br />
<strong>to</strong>, care for a child adequately <strong>and</strong> safely <strong>and</strong> about those who may<br />
pose a risk of harm <strong>to</strong> a child.<br />
Often it is only when information from a number of sources has<br />
been shared <strong>and</strong> then put <strong>to</strong>gether that it becomes clear that a child<br />
is at risk of or is suffering harm.<br />
Those providing services <strong>to</strong> adults <strong>and</strong> children will be concerned<br />
about the needs <strong>to</strong> balance their duties <strong>to</strong> protect children from<br />
harm <strong>and</strong> their general duty <strong>to</strong>wards their client, patient or service<br />
user. Some Health professionals <strong>and</strong> staff face the added dimension<br />
of being involved in caring for, or supporting more than one family<br />
member – the abused siblings, an alleged abuser. However where<br />
there are concerns that a child is, or may be at risk of significant<br />
harm, the needs of the child must come first.<br />
12. CHILD PROTECTION CONFERENCES – PARTICIPATION AND<br />
REPORTS<br />
The best decisions / outcomes for a child are dependent upon the<br />
full participation of agencies. A report should be provided in<br />
advance <strong>to</strong> the Chair (see Initial Conference Report Pro-forma <strong>and</strong><br />
Child Protection Review Pro-forma – Appendices 5 <strong>and</strong> 6 of Section<br />
3.3 “The processes for safeguarding <strong>and</strong> promoting the welfare of<br />
children”).<br />
General Practitioners (GP’s) are the exception <strong>to</strong> this <strong>and</strong> will<br />
continue <strong>to</strong> provide information in the format already developed<br />
(see Appendix 4 of Section 3.3 “The processes for<br />
safeguarding <strong>and</strong> promoting the welfare of children”). Other<br />
medical practitioners may also provide medical information in a<br />
different format.<br />
There is no expectation that sensitive information, which may<br />
expose a child <strong>to</strong> risk of significant harm, or that may compromise a<br />
criminal investigation, will be included in the report.<br />
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The Chair of the Conference can be consulted where concerns exist<br />
about the sharing of sensitive information <strong>and</strong> the best way <strong>to</strong> share<br />
it or not can be agreed.<br />
13. CHILDREN SEEN IN EDUCATION SETTINGS<br />
In the case of a child being seen in school, when concerns arise, the<br />
Health Practitioner should inform the Headteacher immediately. The<br />
Headteacher is then responsible for taking further action.<br />
However, in the event that the Headteacher decides <strong>to</strong> take no<br />
further action the Practitioner should consult with the appointed<br />
person Child Protection (within the Trust) <strong>and</strong> a joint decision as <strong>to</strong><br />
whether the Practitioner should proceed with a referral <strong>to</strong> <strong>Children</strong>’s<br />
Social Care will be made.<br />
14. ENQUIRIES TO THE CHILD PROTECTION PLAN / REGISTER<br />
The Register is open <strong>to</strong> direct enquiry from professionals who are<br />
worried about harm/potential harm <strong>to</strong> a child <strong>and</strong> want <strong>to</strong> know<br />
whether the child is subject <strong>to</strong> an inter-agency Child Protection Plan.<br />
Enquiries should be directed <strong>to</strong> the Child Protection Plan List<br />
Administra<strong>to</strong>r (Details are contained in Section 6 “Contacts”). To<br />
safeguard confidentiality, the Administra<strong>to</strong>r will operate a “call back”<br />
system.<br />
15. CONTACT NUMBERS<br />
See Section 6 “Contacts”<br />
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ACTION REQUIRED TO SAFEGUARD AND PROMOTE<br />
A CHILD’S WELFARE<br />
IN THE EVENT OF A MEMBER OF STAFF HAVING CAUSE TO BELIEVE A<br />
CHILD MAY BE SUFFERING OR MAY BE AT RISK OF SUFFERING<br />
SIGNIFICANT HARM, THE FOLLOWING ACTION SHOULD BE TAKEN:-<br />
Share concerns with<br />
nominated person<br />
child<br />
protection/supervisor/<br />
line manager/<br />
Check if on<br />
CPR / has a<br />
child<br />
protection<br />
plan<br />
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Child / <strong>Children</strong> in Need<br />
Is the child / are the<br />
children in immediate<br />
danger ?<br />
Medical emergency<br />
– alert ambulance<br />
<strong>and</strong> local A&E<br />
Department<br />
Share concerns with parent / child.<br />
Obtain agreement <strong>to</strong> make a referral <strong>to</strong> <strong>Children</strong>’s social care.<br />
NB Parents / carers may not agree <strong>to</strong> information being shared but<br />
this should not prevent a referral being made where child<br />
protection concerns persist.<br />
Referral <strong>to</strong> <strong>Children</strong>’s Social Care<br />
verbally <strong>and</strong> follow-up in writing within<br />
48 hours<br />
WHAT HAPPENS NEXT ?<br />
OTHER –<br />
Alert Police<br />
Inform<br />
<strong>Children</strong>’s Social Care<br />
Out of Hours <strong>to</strong> the<br />
Emergency Duty Team:<br />
Hull – (01482) 788080<br />
East Riding – (01482)<br />
880826<br />
Referrals may lead <strong>to</strong>:-<br />
no further action;<br />
directly <strong>to</strong> provision of services or other help, including from other agencies; or<br />
an Initial Assessment of the needs of the child.<br />
<strong>Children</strong>’s Social Care feedback <strong>to</strong> referrer<br />
Appendix 1<br />
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LSCB STANDARD REFERRAL FORM<br />
(See Appendix 2 in Section 3.3 “The processes for safeguarding<br />
<strong>and</strong> promoting the welfare of children”)<br />
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Appendix 2
Date: August 2006<br />
Review Date:<br />
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SAFEGUARDING CHILDREN TEAM<br />
Humber Mental Health Teaching NHS Trust<br />
Hull <strong>and</strong> East Yorkshire Hospitals NHS Trust<br />
Eastern Hull Primary Care Trust<br />
East Yorkshire Primary Care Trust<br />
West Hull Primary Care Trust<br />
Yorkshire Wolds & Coast Primary Care Trust<br />
TENYAS<br />
SUPPORTING GUIDANCE FOR<br />
HEALTH PROFESSIONALS<br />
SAFEGUARDING CHILDREN<br />
IN WHOM ILLNESS IS<br />
FABRICATED OR INDUCED<br />
Appendix 3<br />
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cle Section 4 – individual agency <strong>procedure</strong>s<br />
CONTENTS<br />
Foreword, Age Range, Terminology 1<br />
Introduction 2<br />
Questions for Consideration 4-5<br />
Objective Assessment in Cases of Suspected Fabricated/Induced Illness 6<br />
Strategies <strong>to</strong> Promote Objective Assessment 7-9<br />
Strategy Discussion/Meetings 9-11<br />
Health Professional Liaison, Co-ordination <strong>and</strong> Consultation 11<br />
Preparation of a Chronology 11-12<br />
Engaging the Parents 12-14<br />
Appendix 1: Parental/Carer Behaviours 15-16<br />
Appendix 2: Roles <strong>and</strong> Responsibilities 17-20<br />
Appendix 3: The Legal Framework 21<br />
Appendix 4: Record Keeping 22<br />
Appendix 5: Covert Video Surveillance 23<br />
Appendix 6: Complaints 24<br />
Appendix 7: Training <strong>and</strong> Development 25<br />
Conclusion 26<br />
Bibliography <strong>and</strong> References 27<br />
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Pa<br />
ge
SAFEGUARDING CHILDREN IN WHOM<br />
ILLNESS IS FABRICATED OR INDUCED<br />
FOREWORD<br />
These guidelines have been developed <strong>to</strong> complement the Local <strong>Safe</strong>guarding<br />
<strong>Children</strong> Board guidance.<br />
The guidelines cover a wide-ranging spectrum from false-exaggerated<br />
his<strong>to</strong>ries through <strong>to</strong> abuse by poisoning, suffocation or sabotage of medical<br />
equipment.<br />
AGE RANGE<br />
The guidelines are directed at children <strong>and</strong> young people aged 0-18 years.<br />
TERMINOLOGY<br />
The fabrication or inducement of illness in children by a carer has been<br />
referred <strong>to</strong> by a number of different terms, most commonly Munchausen<br />
Syndrome by Proxy (Meadow 1977). The use of terminology <strong>to</strong> describe the<br />
fabrication or inducement of illness in a child has been the subject of<br />
considerable debate between professionals. These differences of opinion may<br />
result in a loss of focus on the welfare of the child being paramount; this<br />
guidance refers <strong>to</strong> the fabrication or inducement of illness in a child, rather<br />
than using a particular term in line with <strong>Safe</strong>guarding <strong>Children</strong> in whom illness<br />
is fabricated or induced (DoH 2002).<br />
The key issue is the impact of fabricated or induced illness on the child’s<br />
health <strong>and</strong> development <strong>and</strong> consideration of how best <strong>to</strong> safeguard the child’s<br />
welfare.<br />
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1. INTRODUCTION<br />
1.1 What is Fabricated or Induced Illness ?<br />
The term encompasses many different situations in which children<br />
are presented as ‘sick’ but where illness has arisen as a result of a<br />
parent/carer’s actions in inducing an illness or by fabricating an<br />
illness by telling a s<strong>to</strong>ry of symp<strong>to</strong>ms which lead Health<br />
professionals <strong>to</strong> believe the child has an illness.<br />
1.2 A Broad Approach<br />
The guidelines take a broad approach, which includes the need of<br />
all those children whose illnesses are thought <strong>to</strong> be exaggerated,<br />
fabricated, invented, induced <strong>and</strong>/or where the parent/carer’s<br />
response <strong>to</strong> their child’s health seems discrepant from the view of<br />
the professional. These include five key forms of parent/carer<br />
behaviour:<br />
Pretence of illness e.g. breathing difficulties, fits, allergies,<br />
Seasonal Affected Disorder, ME.<br />
Fabrication of illness or medical his<strong>to</strong>ry.<br />
Inducement of illness.<br />
Exaggeration of genuine illness.<br />
Enforced invalidism.<br />
2. All parents demonstrate a range of behaviours in response <strong>to</strong> their<br />
children being ill or being perceived as ill. Some may become more<br />
stressed or anxious than others. Their responses may in part relate <strong>to</strong><br />
their perceptions of illness <strong>and</strong> <strong>to</strong> their expectations of the medical<br />
profession. Health professionals are taught <strong>to</strong> listen <strong>to</strong> the concerns of<br />
parents about their children’s health <strong>and</strong> <strong>to</strong> act on these. Part of their<br />
role is not only <strong>to</strong> treat the sick child but also, in collaboration with other<br />
professionals, <strong>to</strong> assist parents <strong>to</strong> respond appropriately <strong>to</strong> the state of<br />
their children’s health.<br />
Some children may not be unwell but parents need reassurance that<br />
they are indeed well, whilst others may experience continuing difficulty<br />
in recognising that their child is healthy <strong>and</strong> exhibiting normal childhood<br />
behaviours.<br />
Some parents may be helped <strong>to</strong> interpret <strong>and</strong> respond appropriately <strong>to</strong><br />
their child’s action <strong>and</strong> behaviours, whilst others may continue <strong>to</strong> be<br />
anxious <strong>and</strong>/or are unable <strong>to</strong> change their beliefs. It is this latter group<br />
of parents who are more likely <strong>to</strong> present their children for medical<br />
examination although the children are healthy. Skilled professional<br />
intervention is likely <strong>to</strong> enable most parents <strong>to</strong> learn how <strong>to</strong> interpret<br />
their child’s state of health <strong>and</strong> manage their own anxieties. There may<br />
be some parents for whom such early interventions are ineffective.<br />
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These parents may have particular needs which result in them<br />
persistently presenting their child(ren) as ill <strong>and</strong> seeking investigations<br />
<strong>and</strong> medical treatments.<br />
For a small number of children, concerns will be raised when it is<br />
considered that the health or development of a child is likely <strong>to</strong> be<br />
significantly impaired or further impaired by the actions of a carer or<br />
carers having fabricated or induced illness. Where the impairment is<br />
such that there are concerns the child is suffering or is likely <strong>to</strong> suffer<br />
significant harm this guidance should be followed.<br />
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3. QUESTIONS FOR CONSIDERATION<br />
Health Professionals must be aware of the possibility of Fabricated /<br />
Induced Illness in any situation where a child is presented with a<br />
condition which has one or more of the following features:<br />
Is there a his<strong>to</strong>ry of persistent or recurrent illnesses for which a<br />
cause cannot be found or which are very unusual ?<br />
Are there any discrepancies between his<strong>to</strong>ry <strong>and</strong> clinical findings ?<br />
Do the symp<strong>to</strong>ms <strong>and</strong> signs occur when the child is with one<br />
particular carer ?<br />
Do unusual symp<strong>to</strong>ms <strong>and</strong> signs that do not make clinical sense<br />
cause experienced physicians <strong>to</strong> say they have “never seen a case<br />
like it before” ?<br />
Is there a parent/carer less concerned than the physician,<br />
sometimes comforting the medical staff ?<br />
Is there a his<strong>to</strong>ry of repeated hospitalisations <strong>and</strong> vigorous medical<br />
evaluation of parent/carer <strong>and</strong> child without definitive diagnosis ?<br />
Is there a parent/carer who is constantly at the child’s bedside <strong>and</strong><br />
who excessively praises the staff ?<br />
Is there a parent who welcomes medical tests of their child even<br />
when painful ?<br />
Is there evidence of Doc<strong>to</strong>r hopping <strong>and</strong>/or hospital shopping ?<br />
Is there a his<strong>to</strong>ry of unusual or unexplained illness or death in<br />
previous children ?<br />
Does the patient have multiple allergies ?<br />
Is the parent/carer over attached <strong>to</strong> the patient ?<br />
Is one parent always absent during hospitalisation ?<br />
* Adapted from Jones et al (1986)<br />
You should also consider the following:<br />
Psychological harm that unnecessary medical consultations may<br />
cause ?<br />
Potential physical harm due <strong>to</strong> unnecessary medical investigations<br />
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YES NO<br />
YES NO
?<br />
Psychological harm of being kept off school ?<br />
Actual harm of induced symp<strong>to</strong>ms or illnesses as a result of parent<br />
/ carer’s actions<br />
Psychological harm from fabricating a false illness without directly<br />
causing physical harm <strong>to</strong> the child ?<br />
The child developing chronic invalidism ?<br />
The co-existence of a genuine illness / condition – plus fabricated /<br />
induced illness ?<br />
If you have answered yes <strong>to</strong> any of the statements every step must be taken<br />
<strong>to</strong> confirm or refute the possibility of Fabricated/Induced Illness, thus<br />
preventing unwitting collusion <strong>and</strong> its attendant dangers <strong>to</strong> the child.<br />
The flow chart over the page illustrates the stages of a flexible approach which<br />
takes in<strong>to</strong> consideration the particular difficulties which may be experienced<br />
when dealing with suspected Fabricated/Induced Illness.<br />
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4. OBJECTIVE ASSESSMENT IN CASES OF SUSPECTED FABRICATED/<br />
INDUCED ILLNESS<br />
STAGE ONE – CHILD WELFARE CONCERNS<br />
(The dawning of private concerns/unconfirmed suspicions)<br />
• Discrepancies that cannot be explained away<br />
• Bizarre presentations<br />
• The number <strong>and</strong> frequency of incidents occurring<br />
• Fabrication, exaggeration, invention<br />
STAGE TWO BEGINS<br />
Agree Action <strong>to</strong> be Taken<br />
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Named Doc<strong>to</strong>rs/Nurses Referral <strong>to</strong> <strong>Children</strong>’s social care<br />
Validate<br />
Check his<strong>to</strong>ry<br />
Gather information<br />
Discuss with Designated Professionals<br />
No further action Action required in relation <strong>to</strong><br />
parent’s own needs<br />
Referral <strong>to</strong> <strong>Children</strong>’s Social<br />
Care<strong>and</strong> Initial Health<br />
Professional Meeting<br />
Child harmed or<br />
Risk of Significant<br />
Harm<br />
Where it is thought the child is suffering from, or likely <strong>to</strong> suffer from, significant harm<br />
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5. CHILD WELFARE CONCERNS<br />
STRATEGIES TO PROMOTE OBJECTIVE ASSESSMENT<br />
(STAGES ONE AND TWO)<br />
5.1 STAGE ONE – THE DAWNING OF PRIVATE CONCERNS.<br />
(Unconfirmed Suspicions)<br />
The concerns may slowly develop as you become aware of<br />
discrepancies that cannot be explained away or dispersed. You<br />
may become alarmed as more <strong>and</strong> more incidents occur, more<br />
information is shared/collected <strong>and</strong>/or explanations become<br />
implausible.<br />
There may be a sudden urgent possibility because of an<br />
incident/episode that cannot be explained except by inducement,<br />
fabrication, exaggeration or invention. If clearly at risk of<br />
significant harm a referral must be made <strong>to</strong> <strong>Children</strong>’s Social<br />
Careas per local <strong>Safe</strong>guarding <strong>Children</strong> Boards (LSCB) Guidelines<br />
<strong>and</strong> Procedures.<br />
5.1.2 SHARING CONCERN WITH COLLEAGUE (CONSULT)<br />
The dawning of private concerns is a critical time, you are crossing<br />
an important critical threshold. This critical threshold is a matter<br />
of individual professional judgement but it is expected that a<br />
preliminary consultation with an experienced colleague in relation<br />
<strong>to</strong> your concerns will be undertaken.<br />
5.1.3 You should discuss your concerns with the Named Nurse, Doc<strong>to</strong>r<br />
or Designated Nurse/Doc<strong>to</strong>r, Child Protection Supervisor in the<br />
first instance.<br />
5.2 CHECKING THE HISTORY AND GATHERING INFORMATION<br />
(VALIDATE)<br />
Check who is involved with the child/family. It is important that at<br />
this stage you look at the information you have, the health his<strong>to</strong>ry<br />
of the child <strong>and</strong> other family members.<br />
At this stage information from the GP <strong>and</strong> the health visiting/school<br />
nursing records <strong>and</strong> A&E attendances <strong>and</strong> minor injury units must be<br />
collated as a minimum. Hospital case notes <strong>and</strong> any other health<br />
records should be made available.<br />
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5.3 STAFF SUPPORT<br />
Staff support is vital. This should be at a personal level (particularly<br />
for those working directly with the child <strong>and</strong> family) <strong>and</strong> at a team<br />
level. The latter should have access <strong>to</strong> expert legal, paediatric <strong>and</strong><br />
child psychiatric advice. It may also be helpful <strong>to</strong> have the informal<br />
but confidential advice <strong>and</strong> support of professionals who have<br />
already been involved in the management of such cases. The<br />
assessment process <strong>and</strong>/or intervention may be just the start of a<br />
complex inter-agency exercise.<br />
5.4 STAGE ONE ENDS<br />
When there is no further action <strong>to</strong> be taken;<br />
When any action <strong>to</strong> be taken is in relation <strong>to</strong> the parents’ own<br />
needs;<br />
When it is thought that more information is required <strong>to</strong> assess the<br />
situation <strong>and</strong> early active involvement of other statu<strong>to</strong>ry agencies<br />
is warranted;<br />
Where it is thought the child is suffering or likely <strong>to</strong> suffer from<br />
significant harm <strong>and</strong> a referral <strong>to</strong> <strong>Children</strong>’s Social Careis required.<br />
5.5 STAGE TWO BEGINS<br />
When a referral <strong>to</strong> <strong>Children</strong>’s Social Care is required;<br />
When it is thought that more information is required <strong>to</strong> assess the<br />
situation <strong>and</strong> early active involvement of other statu<strong>to</strong>ry agencies<br />
is warranted.<br />
5.6 STAGE TWO – REFERRAL<br />
5.6.1 Initial Assessment under Section 17 of The <strong>Children</strong> Act<br />
1989<br />
The need <strong>to</strong> proceed with caution <strong>and</strong> the need <strong>to</strong> protect the child<br />
from a potentially dangerous situation needs <strong>to</strong> be balanced. Child<br />
Protection guidelines <strong>and</strong> <strong>procedure</strong>s as set out by LSCBs provide an<br />
appropriate framework for enquiry.<br />
They allow for early inter-agency debate <strong>and</strong> consultation <strong>and</strong> are<br />
sufficiently flexible <strong>to</strong> accommodate a wide spectrum of harm<br />
including fabricated/induced illness.<br />
5.7 AN INITIAL HEALTH PROFESSIONALS MEETING<br />
An initial health professionals meeting should be called by the<br />
Named Nurse/Named Doc<strong>to</strong>r; this includes as a minimum the<br />
referrer, a Paediatrician, the child’s GP, School Nurse/Health<br />
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Visi<strong>to</strong>rs <strong>and</strong> a Named Doc<strong>to</strong>r/Nurse <strong>and</strong> any other Health<br />
professionals involved. The purpose of this meeting is <strong>to</strong> share<br />
information <strong>and</strong> work <strong>to</strong>wards forming a consensus of opinion.<br />
5.8 STRATEGY DISCUSSION, INTER-AGENCY INFORMATION<br />
GATHERING AND PRELIMINARY CONSULTATION<br />
Information gathering <strong>and</strong> preliminary consultation with senior<br />
members of the Police <strong>and</strong> <strong>Children</strong>’s Social Care should not<br />
trigger inappropriate or precipitate intervention. Reasonable<br />
suspicions of fictitious/induced illness, or knowledge of previous or<br />
current Child Protection issues affecting any member of the family,<br />
regardless of their nature, warrant early <strong>and</strong> active involvement of<br />
the statu<strong>to</strong>ry agencies. A strategy meeting is an appropriate<br />
starting point. In some cases there may be considerable<br />
uncertainty on the part of Health professionals.<br />
Where there has been no previous concern <strong>and</strong> there is no current<br />
evidence of significant harm (e.g. where suspicion is confined <strong>to</strong><br />
fabricated or embellished his<strong>to</strong>ry), a Paediatrician requires time <strong>to</strong><br />
validate the his<strong>to</strong>ry, <strong>to</strong> consult with others <strong>and</strong> <strong>to</strong> assess the<br />
situation.<br />
5.9 INTER-AGENCY STRATEGY MEETINGS<br />
These should involve all the key professionals, including the Police.<br />
If legal advice is required, the Chairperson should invite an<br />
appropriate legal advisor. In strategy meetings, as opposed <strong>to</strong><br />
Child Protection Conferences, parents/carers do not attend. The<br />
main purpose is <strong>to</strong> share <strong>and</strong> evaluate information, <strong>to</strong> co-ordinate<br />
<strong>and</strong> pace the investigation, <strong>and</strong> allow pro-active planning. Where<br />
it is decided that there are grounds <strong>to</strong> initiate S47, enquiry<br />
decisions should be made about:<br />
How the S47 enquiry as part of the Core assessment will be carried<br />
out – what further information is required about the child/family <strong>and</strong><br />
how it should be obtained <strong>and</strong> recorded;<br />
Whether it is necessary for supplementary records <strong>to</strong> be kept in a<br />
secure place <strong>to</strong> safeguard the child <strong>and</strong> the manner in which they<br />
should be kept;<br />
Whether the child requires constant professional observation <strong>and</strong>, if<br />
so, whether or when the carer(s) should be present;<br />
Who will carry out what actions, by when <strong>and</strong> for what purpose, in<br />
particular the planning of further paediatric assessment;<br />
Any particular fac<strong>to</strong>rs such as the child <strong>and</strong> family’s race, ethnicity<br />
<strong>and</strong> language, which should be taken in<strong>to</strong> account;<br />
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The needs of siblings <strong>and</strong> other children with whom the alleged<br />
abuser has contact;<br />
The nature <strong>and</strong> timing of any Police investigations, including the<br />
analysis of samples. This will be particularly pertinent if covert video<br />
surveillance is being considered, as this is a task that the Police<br />
should have responsibility for.<br />
The needs of the parents or carers.<br />
More than one strategy discussion may be necessary. This is likely<br />
where the child’s circumstances are very complex.<br />
It is important <strong>to</strong> be clear that <strong>Children</strong>’s Social Care are the lead<br />
statu<strong>to</strong>ry agency in child protection cases <strong>and</strong> the Police are<br />
responsible for investigating a potential crime. Confrontation of<br />
the alleged perpetra<strong>to</strong>r cannot therefore be managed unilaterally.<br />
The enquiry process is similar <strong>to</strong> that for other forms of child harm<br />
<strong>and</strong> has <strong>to</strong> proceed within a timescale which minimises further risk<br />
<strong>to</strong> the child. The main stages are as follows:<br />
evaluation of early suspicions;<br />
detailed information gathering from a variety of sources;<br />
consultation process;<br />
consolidation <strong>and</strong> evaluation of the presented information;<br />
determination of a critical threshold of concern;<br />
plan <strong>to</strong> intervene.<br />
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5.10 HEALTH PROFESSIONAL LIAISON, CO-ORDINATION AND<br />
CONSULTATION<br />
Cases of suspected Fabricated/Induced Illness are exceptionally<br />
complex <strong>and</strong> there is no place for working in isolation. ‘A<br />
Consultant Paediatrician’ should be appointed <strong>to</strong> assess the cases.<br />
Two key Consultant Paediatricians may need <strong>to</strong> share the<br />
management of the cases <strong>to</strong> provide mutual support <strong>and</strong> <strong>to</strong> cover<br />
absence. The Named Nurses/Doc<strong>to</strong>rs for each Trust are integral<br />
<strong>to</strong> the co-ordination process. It is important <strong>to</strong> enlist the help <strong>and</strong><br />
co-operation of the primary health care team. (Concerns may<br />
have already come <strong>to</strong> their attention.) Guidance from a<br />
Consultant Child Psychiatrist should be sought at an early stage.<br />
Health professionals may wish <strong>to</strong> seek legal advice from their<br />
employing authority before intervening in potentially very<br />
contentious cases in which threats of litigation are common.<br />
Specialist Paediatric opinion <strong>and</strong> investigation (possibly involving a<br />
tertiary centre) may be required. It is essential that in his/her<br />
referral the Paediatrician makes clear his/her concerns about<br />
possible Fabricated/Induced Illness in order <strong>to</strong> prevent<br />
unnecessary invasive investigation <strong>and</strong> <strong>to</strong> ensure that staff<br />
exercise appropriate vigilance. Referrals must be carried out on a<br />
controlled <strong>and</strong> planned basis. Pressure from parents for a change<br />
of Consultant should be resisted. At no time should the overall<br />
management of the case be allowed <strong>to</strong> drift from one Consultant<br />
<strong>to</strong> another, nor should decisions be left <strong>to</strong> junior medical staff.<br />
5.11 PREPARATION OF A CHRONOLOGY<br />
5.11.1 A very detailed chronology is now required; this should<br />
include as a minimum a very detailed medical his<strong>to</strong>ry<br />
(which has been validated against previous parental<br />
accounts <strong>and</strong> those of other witnesses) <strong>and</strong> must be<br />
taken for each <strong>and</strong> every illness event. A crucial<br />
element is whether the illness always starts or occurs<br />
exclusively in the presence of one particular person.<br />
The hospital or community Consultant Paediatrician<br />
should check all medical records of the child <strong>and</strong><br />
siblings. These may involve several hospitals over a<br />
period of time. If there are gaps, or where<br />
information cannot be verified, this should still be<br />
included with a message stating so.<br />
5.11.2 Obtaining the family, medical <strong>and</strong> psychiatric his<strong>to</strong>ry<br />
may require negotiation with the General Practitioner,<br />
especially if it is not thought appropriate <strong>to</strong> gain the<br />
consent of the suspected perpetra<strong>to</strong>r. Records of<br />
previous infant deaths may be difficult <strong>to</strong> trace, <strong>and</strong><br />
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may require application <strong>to</strong> the coroner or information<br />
from the local pathology department.<br />
5.11.3 A Child Protection Register check can be carried out on<br />
the child <strong>and</strong> siblings. This will include the <strong>Children</strong>’s<br />
Social Care client database, which indicates past or<br />
current Social Service involvement with the family.<br />
The local Police Child Protection Unit should be asked<br />
<strong>to</strong> look in<strong>to</strong> whether parents or carers have a his<strong>to</strong>ry<br />
of Schedule 1 offences (previous conviction of any<br />
offence against a child, i.e. physical or sexual assault,<br />
cruelty or neglect) or pose a risk <strong>to</strong> children <strong>and</strong> other<br />
significant information.<br />
5.11.4 NHS Direct, <strong>and</strong> the emergency services (Fire, Police<br />
<strong>and</strong> Ambulance) should be contacted, <strong>to</strong> ascertain<br />
their involvement, if any.<br />
5.12 ENGAGING THE PARENTS<br />
Every situation is different. There is usually a single perpetra<strong>to</strong>r.<br />
A common feature seen in all perpetra<strong>to</strong>rs is an apparent desire <strong>to</strong><br />
create <strong>and</strong> maintain illness in the child. The underlying<br />
motivations are varied <strong>and</strong> complex. Professionals can experience<br />
intense emotional feelings <strong>to</strong>wards such individuals, ranging from<br />
denial <strong>and</strong> disbelief <strong>to</strong> feelings of pity, anger <strong>and</strong> disgust. These<br />
strong feelings can threaten professional integrity <strong>and</strong> the<br />
following principles are important:<br />
Always <strong>keep</strong> the child in focus;<br />
Be polite, courteous <strong>and</strong> supportive but maintain clear<br />
professional boundaries;<br />
Listen carefully <strong>and</strong> actively <strong>to</strong> what the parent has <strong>to</strong> say<br />
but check veracity if possible;<br />
Try <strong>to</strong> engage with the non-suspected parent or carer if<br />
possible. A cautious enquiry may establish whether they<br />
have concerns about the nature of the child’s illness;<br />
Be vigilant at all times. Make detailed observations <strong>and</strong><br />
document carefully the parent-child interaction <strong>and</strong> the<br />
parent’s care of the child <strong>and</strong> document carefully;<br />
All staff must be consistent in their approach <strong>to</strong> counter any<br />
divisiveness on the part of the perpetra<strong>to</strong>r;<br />
Maintain control. The carer may make certain dem<strong>and</strong>s e.g.<br />
for a quiet side ward (where observation would be difficult)<br />
or for more medical investigation etc.<br />
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Staff may have <strong>to</strong> resist these in an assertive manner making it<br />
clear that these requests may not be appropriate at that time or<br />
not in the child’s interest.<br />
The most difficult dilemma for the local professionals is how <strong>and</strong><br />
when <strong>to</strong> confront the parents.<br />
In an ideal situation, concerns are broached at an early stage in a<br />
supportive manner. Emphasis is placed on the interests of the<br />
child. It should be recognised that the parents themselves are in<br />
need of help. This is in <strong>keep</strong>ing with conventional child protection<br />
practice. Whilst the abusing parent may not initially acknowledge<br />
the full extent of his/her activities, he/she may have sufficient<br />
insight <strong>to</strong> co-operate with an assessment <strong>and</strong> subsequent therapy,<br />
<strong>and</strong> this may be a good prognostic indica<strong>to</strong>r.<br />
The reality is usually far more complex <strong>and</strong> the usual response of<br />
the suspected perpetra<strong>to</strong>r is that of denial. The presence of<br />
strong evidence where it can be substantiated, witnessed, or<br />
where forensic evidence is present will simplify the decision <strong>to</strong><br />
challenge the parents. The confrontation must be planned with<br />
<strong>Children</strong>’s Social Care <strong>and</strong> the Police within the context of strategy<br />
meetings.<br />
Where there are strong suspicions but no conclusive evidence, the<br />
parents may still have <strong>to</strong> be challenged, with all the attendant<br />
dangers. This is clearly a situation which will require some risk<br />
analysis by the agencies. The situations which may dictate such a<br />
decision are:<br />
If an assessment by a child psychiatrist or child psychologist<br />
is necessary, the parents will require an explanation for this;<br />
If there is a clear need <strong>to</strong> separate the child from the<br />
suspected perpetra<strong>to</strong>r for both evidential <strong>and</strong> child<br />
protection purposes;<br />
If professionals consider that they can proceed no further<br />
with their investigation without confronting the parents.<br />
Failure <strong>to</strong> do so would be <strong>to</strong> collude with the suspected<br />
perpetra<strong>to</strong>r.<br />
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APPENDIX 1<br />
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APPENDICES<br />
PARENTAL/CARER BEHAVIOURS TO BE CONSIDERED WHEN THERE IS<br />
A POSSIBILITY OR A DIAGNOSIS OF FABRICATED/INDUCED ILLNESS<br />
Behavioural Profile<br />
It should be a prime consideration <strong>to</strong> any member of Health service staff when<br />
considering the possibility of fictitious disorder <strong>to</strong> remember that, although<br />
certain behaviours will be present in all cases of Fabricated/Induced Illness,<br />
many of these behaviours are relatively common <strong>and</strong> will exist usually in<br />
people who suffer from no such disorder.<br />
On no occasion should a behavioural profile be used on its own <strong>to</strong> suggest that<br />
an individual may be suffering from Fabricated/Induced Illness or carrying out<br />
in Proxy behaviours that may be damaging <strong>to</strong> their child. Rather the<br />
behavioural profile should be a part of the process of dawning of<br />
consciousness of the possibility of Fabricated/Induced Illness.<br />
Initially the parent or child will need <strong>to</strong> fit the DSM4 criteria for Fabricated/<br />
Induced Illness which are as follows:<br />
The intentional production or feigning of physical or psychological<br />
symp<strong>to</strong>ms in order <strong>to</strong> assume the sick role, the judgement that a<br />
particular symp<strong>to</strong>m is intentionally produced is made both by direct<br />
evidence <strong>and</strong> by excluding other causes of the symp<strong>to</strong>m.<br />
The DSM4 further goes on <strong>to</strong> note that ‘it should be noted that the presence of<br />
fictitious symp<strong>to</strong>ms does not preclude the co-existence of true physical or<br />
psychological symp<strong>to</strong>ms:<br />
The motivation for the behaviours <strong>to</strong> assume the sick role;<br />
External incentives <strong>to</strong> the behaviour, such as economic gain, avoiding<br />
your responsibility or involving physical well-being as in malingering, are<br />
absent.<br />
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It is important in this decision <strong>to</strong> discriminate between fictitious disorders <strong>and</strong><br />
malingering; in malingering the individual produces symp<strong>to</strong>ms intentionally,<br />
but has a goal that is obviously recognisable, for example the intentional<br />
production of symp<strong>to</strong>ms <strong>to</strong> avoid jury duty, or conscription.<br />
It should always be borne in mind that in fictitious disorder the motivation is<br />
the psychological need <strong>to</strong> assume the sick role, either directly or through<br />
proxy behaviour.<br />
The relevant codes are 300.16 with predominantly psychological signs <strong>and</strong><br />
symp<strong>to</strong>ms.<br />
300.19 with predominantly physical signs <strong>and</strong> symp<strong>to</strong>ms <strong>and</strong> 300.19 with<br />
combined psychological <strong>and</strong> physical signs <strong>and</strong> symp<strong>to</strong>ms.<br />
Behaviours that would be expected <strong>to</strong> be present in all cases are as follows:<br />
Repetitive presentation of child or children in their care <strong>to</strong> Health<br />
professionals;<br />
Diagnosis is confusing or contradic<strong>to</strong>ry in spite of frequent<br />
investigations/ examinations;<br />
Symp<strong>to</strong>ms only occur in the presence of the carer under suspicion. It<br />
should however be noted that older children <strong>and</strong> adolescents may learn<br />
the behaviour <strong>and</strong> produce symp<strong>to</strong>ms in their own right<br />
The following behaviours may also be present;<br />
There may be a mismatch between the expressed concern by the parent<br />
compared <strong>to</strong> the frequency of severity of presentation of illness<br />
They may show a tendency <strong>to</strong> elaborate both illnesses <strong>and</strong> other fac<strong>to</strong>rs<br />
There may be a his<strong>to</strong>ry of frequent contact with other emergency<br />
services<br />
There may be a his<strong>to</strong>ry of frequent changes of address, General<br />
Practitioner <strong>and</strong> Consultant<br />
The carer may have a his<strong>to</strong>ry of emotional behavioural problems in their<br />
childhood. It is important <strong>to</strong> note that on occasions acute presentations<br />
may occur, but in general most presentations are chronic <strong>and</strong> repetitive<br />
If staff become concerned the next stage will be <strong>to</strong> seek further advice<br />
<strong>to</strong>wards creating a full chronology, as it is only once this is completed that the<br />
dawning of concern may move <strong>to</strong> more concrete measures.<br />
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APPENDIX 2<br />
ROLES AND RESPONSIBILITIES<br />
Primary Care Trusts<br />
PCTs should be aware that they hold responsibility for child protection in their<br />
localities. Each PCT should appoint a Named Doc<strong>to</strong>r (Consultant Community<br />
Paediatrician or a GP with paediatric expertise) <strong>and</strong> a Named Nurse for child<br />
protection. It is expected that all staff working with children should have<br />
knowledge of child protection <strong>procedure</strong>s. The average PCT is likely <strong>to</strong> see<br />
one case per year of proven Fabricated/Induced Illness. However there will be<br />
many occasions when Fabricated/Induced Illness may be considered as a<br />
possibility, without necessarily proceeding <strong>to</strong> the stage of requiring a strategy<br />
discussion. PCTs should ensure that appropriate training on<br />
Fabricated/Induced Illness is made available, taking advice from the<br />
Designated Nurse/Doc<strong>to</strong>r for <strong>Safe</strong>guarding <strong>Children</strong>. Funding may be required<br />
for extra support staff <strong>and</strong> venues especially if covert video surveillance is<br />
used. Supervision <strong>and</strong> protection should be available <strong>to</strong> staff. There should<br />
be a media h<strong>and</strong>ling strategy.<br />
GP <strong>and</strong> Primary Care Team<br />
Professionals in Primary Health Care Tams (PHCT), including Doc<strong>to</strong>rs, HVs,<br />
Midwives, School Nurses, Practice Nurses <strong>and</strong> attached Psychologists <strong>and</strong><br />
Counsellors will have knowledge of uncorroborated, odd or unusual<br />
presentations. They will be aware of those children who are frequent<br />
attendees <strong>and</strong> where there may be discrepancies between the child’s reported<br />
signs <strong>and</strong> symp<strong>to</strong>ms <strong>and</strong> those observed. Although there may be conflicts of<br />
loyalty for primary care staff, they should note that the child is a vulnerable<br />
patient. Issues of confidentiality should be considered carefully, bearing in<br />
mind that the child’s needs are paramount. Members of the PHCT should be<br />
familiar with the local child protection guidelines. Advice on <strong>policy</strong> <strong>and</strong><br />
<strong>procedure</strong>s can be obtained from the Named Nurse or Named Doc<strong>to</strong>r for the<br />
PCT area.<br />
Nurses, Midwives, Health Visi<strong>to</strong>rs <strong>and</strong> School Nurses<br />
Nurse, Midwives, Health Visi<strong>to</strong>rs <strong>and</strong> School Nurses are important members of<br />
multi-disciplinary teams <strong>and</strong> should contribute <strong>to</strong> the assessment of children<br />
at risk <strong>and</strong> <strong>to</strong> strategic discussion. They should attend Child Protection Case<br />
Conferences.<br />
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In the course of their work they may be in a position <strong>to</strong> recognise the<br />
symp<strong>to</strong>ms <strong>and</strong> signs of Fabricated/Induced Illness.<br />
They should <strong>keep</strong> accurate, contemporaneous <strong>and</strong> secure records of any<br />
actual or inferred physical or behavioural observations.<br />
If samples have <strong>to</strong> be collected, e.g. urine or faeces, this should be done in<br />
such a way as <strong>to</strong> eliminate any possibility of interference. When Midwives are<br />
contributing <strong>to</strong> the assessment, the following information should be carefully<br />
analysed:<br />
• The contents of the GP’s referral letter;<br />
• Any his<strong>to</strong>ry given by the mother of strange illnesses, unusual<br />
complications of pregnancy, unexpected deaths in the family, family<br />
members with untreatable illnesses, children having complicated medical<br />
his<strong>to</strong>ries, his<strong>to</strong>ries of failure <strong>to</strong> thrive or non-accidental illnesses, <strong>and</strong> if<br />
signs <strong>and</strong> symp<strong>to</strong>ms reported by the other are not observed by the<br />
Midwife;<br />
• Information available from previous midwifery case notes.<br />
Acute <strong>and</strong> Mental Health Trusts<br />
The carers of children with suspected Fabricated/Induced Illness may be in<br />
receipt of adult health services. Professionals involved in the care of adults<br />
(including obstetric care) may have concerns about the welfare of their<br />
children. It is important that any concerns are not conveyed <strong>to</strong> the carers<br />
until further multi-disciplinary assessments are made. There should be close<br />
liaison with the named professionals for safeguarding children within the<br />
Trust.<br />
Paediatricians<br />
Whenever concerns arise about Fabricated/Induced Illness, the Consultant<br />
responsible for the child’s health care should take a lead role. There should be<br />
close liaison with the Named Doc<strong>to</strong>r for safeguarding children. It is expected<br />
that there will be a high st<strong>and</strong>ard of record <strong>keep</strong>ing. The drawing up of a<br />
medical chronology should be a priority, if necessary using documents from<br />
primary care or from other Health trusts. A colleague not involved with the<br />
care of the child may be invited <strong>to</strong> give a second opinion on the case his<strong>to</strong>ry.<br />
If it is decided that the child has suffered or is likely <strong>to</strong> suffer significant harm<br />
then a referral should be made <strong>to</strong> <strong>Children</strong>’s Social Care. Paediatricians<br />
should be thoroughly familiar with the RCPCH publication “Fabricated or<br />
Induced Illness by Carers”.<br />
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PAMS<br />
A range of professionals working in Health settings may have important roles<br />
<strong>to</strong> play in identifying <strong>and</strong> managing Fabricated/Induced Illness in children.<br />
Any concerns should be discussed with the line manager or with the referring<br />
medical doc<strong>to</strong>r.<br />
CAMHS<br />
The CAMHS service will need <strong>to</strong> respond promptly <strong>to</strong> requests for advice from<br />
professionals who are working with families where Fabricated/Induced Illness<br />
is a possibility. CAMHS professionals may need <strong>to</strong> provide opportunities for<br />
other workers <strong>to</strong> clarify their own thinking <strong>and</strong> <strong>to</strong> consider possible reasons for<br />
parental behaviours <strong>and</strong> anxieties. Direct intervention from CAMHS may be<br />
necessary. Documentation of all CAMHS consultations must be full <strong>and</strong><br />
contemporaneous. CAMHS may also be involved in the assessment of families<br />
where Fabricated/ Induced Illness is an issue. The provision of an assessment<br />
should be laid out as per guidelines in the Assessment Framework, paragraphs<br />
2.1 – 2.25. Whether or not significant harm arises out of Fabricated/Induced<br />
Illness, CAMHS may need <strong>to</strong> offer a range of services as part of the child’s<br />
overall plan.<br />
Adult Mental Health Services<br />
A number of adult mental health professionals, nurses, social workers, clinical<br />
psychologists <strong>and</strong> psychiatrists, may be involved in the assessment, planning<br />
<strong>and</strong> treatment of a carer. This may be before, during or after concerns are<br />
raised about Fabricated/Induced Illness. If through their involvement with a<br />
patient adult mental health professionals become concerned for the welfare of<br />
a child they would be expected <strong>to</strong> contact the Named Doc<strong>to</strong>r for safeguarding<br />
children in their Trust or <strong>Children</strong>’s social care. Particular care should be<br />
taken in the case of somatising disorders or Fabricated/Induced Illness in<br />
adults. It must be remembered that the needs of the child are paramount if<br />
the child is at risk of significant harm.<br />
Following the verification of Fabricated/Induced Illness in a child or adult,<br />
Forensic Psychiatry have a role <strong>to</strong> play in assessing the presence, degree <strong>and</strong><br />
severity of any mental illness or disorder the carer may have, including<br />
personality disorder. For details of the role of the adult/forensic psychiatrist<br />
please see paragraphs 4.39 – 4.52 of <strong>Safe</strong>guarding <strong>Children</strong> in Whom Illness<br />
is Fabricated or Induced.<br />
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NHS Direct Nurse Advisors<br />
NHS Direct Nurse Advisors may become aware of repeated calls about a child.<br />
These calls may be a parent or carer seeking appropriate advice <strong>and</strong> support<br />
about their child. If however calls seem <strong>to</strong> be of an unusual presentation or<br />
repeated calls about symp<strong>to</strong>ms that are unresolved, or that the parents seem<br />
reluctant <strong>to</strong> seek the advice given, then the possibility of Fabricated/Induced<br />
Illness should be considered. Advice about their concerns should be sought<br />
from the Named Nurse.<br />
Ambulance Technicians <strong>and</strong> Paramedics<br />
Frontline Ambulance staff may become aware of repeated calls <strong>to</strong> an address<br />
involving a child. These calls may be for genuine medical emergencies but<br />
may also be for medical symp<strong>to</strong>ms normally dealt with by another Health<br />
service, <strong>and</strong> where the call reason does not match the injury or illness seen.<br />
This may include calls where a child is not conveyed <strong>to</strong> hospital.<br />
Any concerns regarding such presentations in a child should be discussed with<br />
their line manager <strong>and</strong> the Named Professional for <strong>Safe</strong>guarding <strong>Children</strong>.<br />
Roles of Named <strong>and</strong> Designated Health Professionals<br />
The Named Doc<strong>to</strong>r <strong>and</strong> Named Nurse in a NHS Trust have central roles in<br />
individual cases as well as in organisation <strong>and</strong> collaboration. They have<br />
responsibilities for supervision, training, guidance <strong>and</strong> clinical governance.<br />
The Named professionals liaise with Lawyers, the Courts, Police <strong>and</strong> <strong>Children</strong>’s<br />
social care. They should ensure that close links exist between acute,<br />
community <strong>and</strong> tertiary Paediatricians <strong>and</strong> with Child Psychiatrists <strong>and</strong> A&E<br />
Consultants.<br />
The Designated Nurse <strong>and</strong> Doc<strong>to</strong>r will probably be working across a number of<br />
acute Trusts, PCTs <strong>and</strong> Mental Health <strong>and</strong> Ambulance Trusts.<br />
They should expect <strong>to</strong> have regular contact with the Named professionals <strong>and</strong><br />
should have access <strong>to</strong> executive leads with Trusts, advising on strategies <strong>to</strong><br />
protect children. The Designated professionals are responsible for providing<br />
advice on medical <strong>and</strong> nursing matters <strong>to</strong> Local <strong>Safe</strong>guarding <strong>Children</strong> Boards<br />
<strong>and</strong> should help steer strategy on practice <strong>and</strong> <strong>procedure</strong>s.<br />
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APPENDIX 3<br />
THE LEGAL FRAMEWORK<br />
Professionals can only work <strong>to</strong>gether <strong>to</strong> safeguard children if they can<br />
exchange relevant information. However, disclosure of personal information<br />
<strong>to</strong> others must have regard <strong>to</strong> both common <strong>and</strong> statute law. Care should be<br />
taken <strong>to</strong> work within information sharing pro<strong>to</strong>cols between the agencies <strong>and</strong><br />
professionals involved, taking legal advice when necessary.<br />
It is worth noting that if significant harm arises from a Health professional’s<br />
actions as a result of recognised Fabricated/Induced Illness the carer not the<br />
Health professional may be charged (s1, <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Persons Act<br />
1933).<br />
Confidentiality, Human Rights, Data Protection<br />
Personal information about children <strong>and</strong> families held by professionals <strong>and</strong><br />
agencies is subject <strong>to</strong> a legal duty of confidence <strong>and</strong> should not normally be<br />
disclosed without the consent of the subject. But the law permits the<br />
disclosure of confidential information necessary <strong>to</strong> safeguard a child or<br />
children in the public interest. This means that the public interest in child<br />
protection may override the public interest in maintaining confidentiality. The<br />
European Convention on Human Rights states that Articles 2 <strong>and</strong> 3 (the child’s<br />
right <strong>to</strong> life <strong>and</strong> the prohibition of <strong>to</strong>rture <strong>and</strong> inhumane treatment) are<br />
absolute. The carer’s right <strong>to</strong> privacy in Article 8 is conditional. The needs<br />
of the child must remain at the centre of the decision making <strong>and</strong> sometimes<br />
this will override the interests of the carers. Disclosure should be justifiable in<br />
each case, according <strong>to</strong> the particular facts of the case. The Data Protection<br />
Act 1998 allows for the disclosure of confidential information without the<br />
consent of the subject in certain conditions, including for the purposes of the<br />
prevention or detection of a crime, or for the apprehension or prosecution of<br />
offenders, <strong>and</strong> where failure <strong>to</strong> disclose would be likely <strong>to</strong> prejudice those<br />
objectives in a particular case. Legal advice should be sought in cases of<br />
doubt.<br />
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APPENDIX 4<br />
RECORD KEEPING<br />
All records should use clear, straightforward language. They should be<br />
concise <strong>and</strong> accurate not only in fact but also in differentiating between<br />
opinion, judgements <strong>and</strong> hypothesis. When considering the possibility of<br />
Fabricated/Induced Illness, the record of the child should always include the<br />
name <strong>and</strong> agency of the person who gave information. All telephone<br />
conversations should be recorded fully. Records should be kept securely <strong>to</strong><br />
prevent unauthorised access. If the child’s safety is at risk it may be<br />
necessary <strong>to</strong> create a supplementary record, separate from the main record.<br />
Any supplementary notes should be kept in accordance with Data Protection<br />
Principles. Health records should record accurately all investigations, results,<br />
observations <strong>and</strong> consent <strong>to</strong> undertake examinations or treatment. They<br />
should be signed legibly <strong>and</strong> dated. If there is a change of circumstances, for<br />
example a change of GP for a child on the child protection register, the child’s<br />
records should be transferred promptly. If possible a telephone discussion<br />
followed by a written summary should be undertaken pending transfer of the<br />
records.<br />
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APPENDIX 5<br />
COVERT VIDEO SURVEILLANCE<br />
The use of covert video surveillance (CVS) is governed by the Regulation of<br />
Investiga<strong>to</strong>ry Powers Act 2000. If a decision is made at a multi-agency<br />
strategy discussion <strong>to</strong> use CVS the surveillance should be undertaken by the<br />
Police who will supply <strong>and</strong> install any equipment. CVS is likely <strong>to</strong> be used in a<br />
minority of cases when evidence cannot be gathered by other less intrusive<br />
means. Local <strong>Safe</strong>guarding <strong>Children</strong> Boards child protection <strong>procedure</strong>s<br />
should be followed. The safety of the child is of paramount concern. The<br />
Paediatric Consultant responsible for the child should ensure that the<br />
necessary nursing <strong>and</strong> medical staff are available <strong>to</strong> support the Police during<br />
this operation.<br />
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APPENDIX 6<br />
COMPLAINTS<br />
Complaints about individual agencies should be responded <strong>to</strong> in accordance<br />
with the relevant agency’s complaints <strong>procedure</strong>s. Where the complaint is<br />
about the functioning of a child protection committee or a decision about<br />
registration then Local <strong>Safe</strong>guarding <strong>Children</strong> Boards complaints <strong>procedure</strong>s<br />
should be followed.<br />
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APPENDIX 7<br />
TRAINING AND DEVELOPMENT<br />
When structures are in place in Local <strong>Safe</strong>guarding <strong>Children</strong> Boards for<br />
operational strategies on Fabricated/ Induced Illness, training will be rolled out<br />
<strong>to</strong> partner agencies. There should be general awareness that<br />
Fabricated/Induced Illness is another form of child abuse <strong>and</strong> that practice <strong>and</strong><br />
<strong>procedure</strong>s form part of the overall guidance for child protection. PCT leads<br />
should ensure that child protection is part of the clinical governance agenda.<br />
All Health staff dealing with children should have received single agency<br />
awareness training <strong>and</strong> multi-agency training. All staff should be offered<br />
appropriate training updates at intervals.<br />
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6. CONCLUSION<br />
Awareness of Fabricated/Induced Illness should permeate child<br />
protection practice <strong>and</strong> <strong>procedure</strong>s. Health staff see large numbers of<br />
children in the course of their everyday work. Most will have short term<br />
health problems <strong>and</strong> there will be no anxiety about the ability of their<br />
carers <strong>to</strong> safeguard their welfare. A minority will have symp<strong>to</strong>ms or<br />
signs suggestive of Fabricated/Induced Illness; after investigation a<br />
proportion of these cases will be found <strong>to</strong> have natural causes. For the<br />
remainder it is essential that Health staff should feel able <strong>to</strong> have<br />
confidential discussions with other agencies in order <strong>to</strong> collect<br />
information <strong>and</strong> build a fuller picture of the child <strong>and</strong> family. If there is<br />
concern about the risk of significant harm <strong>to</strong> a child, a referral should be<br />
made <strong>to</strong> <strong>Children</strong>’s Social Care <strong>and</strong> Health staff should construct a full<br />
chronology of events. It is the expectation that all Health staff will<br />
collaborate with other agencies if there is a need <strong>to</strong> safeguard a child’s<br />
welfare.<br />
7. BIBLIOGRAPHY AND REFERENCES<br />
Bools C et al “Co-Morbidity Associated with Fabricated Illness (1992)<br />
Framework for Assessment of <strong>Children</strong> in Need (DoH 2000)<br />
Hull <strong>and</strong> East Riding Area Child Protection Committee Guidelines <strong>and</strong><br />
Procedures (2001)<br />
McClure R J et al “Epidemiology of Munchausen Syndrome by Proxy,<br />
Non-Accidental Poisoning <strong>and</strong> Non-Accidental Suffocation”. Archives of<br />
Diseases in Childhood 75, 57-61<br />
Royal College of Paediatrics <strong>and</strong> Child Health (2001) “The Fabricated or<br />
Induced Illness Report”<br />
<strong>Safe</strong>guarding <strong>Children</strong> in Whom Illness is Fabricated or Induced<br />
(DoH 2002)<br />
• <strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong> (2006)<br />
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4.6 HUMBERSIDE POLICE<br />
1. ROLES AND RESPONSIBILITIES<br />
All organisations that work with children share a commitment <strong>to</strong><br />
safeguard <strong>and</strong> promote their welfare, <strong>and</strong>, for many organisations<br />
that is underpinned by a statu<strong>to</strong>ry duty or duties.<br />
For the Police that duty is under Section 11 of the <strong>Children</strong> Act 2004<br />
which came in<strong>to</strong> Force on the 1 st Oc<strong>to</strong>ber 2005. The duty is <strong>to</strong><br />
ensure that Police functions are discharged with regard <strong>to</strong> the need <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children.<br />
Further guidance on what this means is contained in the introduction<br />
<strong>to</strong> these guidelines <strong>and</strong> <strong>procedure</strong>s <strong>and</strong> at<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>practice/IG00042/<br />
It is important that safeguarding children is not seen within a policing<br />
context as solely the role of Family Protection Team Officers, but that<br />
ALL Police Officers <strong>and</strong> Police Staff underst<strong>and</strong> it is a fundamental<br />
part of their duties. All organisations that work with children share a<br />
commitment <strong>to</strong> safeguard <strong>and</strong> promote their welfare, <strong>and</strong>, for many<br />
organisations that is underpinned by a statu<strong>to</strong>ry duty or duties.<br />
For the Police that duty is under Section 11 of the <strong>Children</strong> Act 2004<br />
which came in<strong>to</strong> Force on the 1 st Oc<strong>to</strong>ber 2005. The duty is <strong>to</strong><br />
ensure that Police functions are discharged with regard <strong>to</strong> the need <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children.<br />
Further guidance on what this means is contained in the introduction<br />
<strong>to</strong> these guidelines <strong>and</strong> <strong>procedure</strong>s <strong>and</strong> at<br />
http://www.everychildmatters.gov.uk/resources-<strong>and</strong>practice/IG00042/<br />
It is important that safeguarding children is not seen within a policing<br />
context as solely the role of Family Protection Team Officers, but that<br />
ALL Police Officers <strong>and</strong> Police Staff underst<strong>and</strong> it is a fundamental<br />
part of their duties.<br />
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2. INTRODUCTION<br />
The main roles of the Police are <strong>to</strong> uphold the law, prevent crime <strong>and</strong><br />
disorder, protect the citizen <strong>and</strong> bring offenders <strong>to</strong> justice. <strong>Children</strong>, like<br />
all citizens have the right <strong>to</strong> the full protection offered by the criminal<br />
law. The Police have a duty <strong>and</strong> responsibility <strong>to</strong> investigate all criminal<br />
offences <strong>and</strong> as Lord Laming pointed out in his report in<strong>to</strong> the<br />
circumstances leading <strong>to</strong> the death of Vic<strong>to</strong>ria Climbie (2003) “the<br />
investigation of crimes against children is as important as the<br />
investigation of any other serious crime <strong>and</strong> any suggestions that child<br />
protection policing is of lower status than any other form of policing<br />
should be eradicated.”<br />
Offences committed against children can be particularly sensitive <strong>to</strong><br />
investigate <strong>and</strong> will often require the Police <strong>to</strong> work with other<br />
organisations, such as <strong>Children</strong>’s Social Care, in the conduct of any<br />
enquiry. Investigations should be carried out thoroughly <strong>and</strong><br />
professionally. Officers must remember that the welfare of the child is<br />
paramount <strong>and</strong> ensure that appropriate action is taken <strong>to</strong> secure the<br />
protection of the child.<br />
The specific Police responsibilities are:-<br />
The protection of the victim:<br />
To interview the victim (where appropriate jointly with <strong>Children</strong>’s<br />
Social Care):<br />
To protect other vulnerable members of the family:<br />
The preservation <strong>and</strong> collection of forensic <strong>and</strong> medical evidence:<br />
To interview witness(es):<br />
To interview suspect (s):<br />
The production of a file of evidence for consideration by the Crown<br />
Prosecution Service; <strong>and</strong><br />
To work with <strong>Children</strong>’s Social Care <strong>and</strong> other interested agencies<br />
throughout any investigation (including attendance at Child<br />
Protection Conferences <strong>and</strong> Multi-agency meetings).<br />
The Police are responsible for the gathering of evidence in criminal<br />
investigations. This task can be carried out in conjunction with other<br />
agencies but the Police are ultimately accountable for the product of<br />
criminal enquiries.<br />
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The Police should be notified as soon as possible by Local Authority<br />
<strong>Children</strong>’s Social Care wherever a case referred <strong>to</strong> them involves a<br />
criminal offence having been committed, or is suspected of having been<br />
committed, against a child. Other agencies should consider sharing such<br />
information. This does not mean that in all such cases a full<br />
investigation will be required, or that there will necessarily be any<br />
further Police involvement. It is important, however, that the Police<br />
retain the opportunity <strong>to</strong> be informed <strong>and</strong> consulted, <strong>to</strong> ensure all<br />
relevant information can be taken in<strong>to</strong> account before a final decision is<br />
made.<br />
Humberside Police is committed <strong>to</strong> sharing information <strong>and</strong> intelligence<br />
with other agencies, where this is necessary <strong>to</strong> protect children <strong>and</strong> in<br />
line with the Human Rights Act <strong>and</strong> the Data Protection Act. Similarly,<br />
they expect other agencies <strong>to</strong> share with them information <strong>and</strong><br />
intelligence they hold <strong>to</strong> enable the Police <strong>to</strong> carry out their duties.<br />
Over many years the failure of agencies (e.g. Police, <strong>Children</strong>’s Social<br />
Care, Health, Education) <strong>to</strong> adequately communicate with each other<br />
has been a significant recurring feature of enquiries in<strong>to</strong> child abuse.<br />
RECOGNISING AND SHARING YOUR CONCERNS WITH OTHER CHILD<br />
PROTECTION SPECIALISTS IS PARAMOUNT IN OUR APPROACH TO<br />
PROTECTING CHILDREN. THIS IS PARTICULARLY SO IN CASES OF<br />
DOMESTIC VIOLENCE GIVEN ITS WELL ESTABLISHED LINKS WITH<br />
CHILD PROTECTION.<br />
3. RESPONDING TO CHILD WELFARE CONCERNS<br />
The Common Assessment Framework (CAF) provides a common process<br />
for an early holistic approach <strong>to</strong> identify more accurately <strong>and</strong> speedily a<br />
child/young person’s additional needs.<br />
It will be used by all those working with children, young people <strong>and</strong><br />
families <strong>and</strong> will enable them <strong>to</strong>;<br />
Develop a common language<br />
Develop a common underst<strong>and</strong>ing of thresholds of need <strong>and</strong><br />
interventions<br />
Share information appropriately <strong>and</strong> effectively<br />
Identify who (agency/organisation/professional <strong>and</strong> family<br />
member) is best placed <strong>to</strong> respond <strong>to</strong> any identified additional<br />
needs<br />
Improve the quality of referrals between agencies<br />
Prevent duplication for children/families <strong>and</strong> professionals where<br />
further assessment is required<br />
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Where a child or young person has additional needs; a lead<br />
professional/worker will be identified who will<br />
Provide a key point of contact for the child, family <strong>and</strong> those<br />
working <strong>to</strong> support them<br />
Ensure a co-ordinated response <strong>to</strong> meet identified needs<br />
Plan, moni<strong>to</strong>r <strong>and</strong> review the support services offered<br />
If at any time, during the CAF process, concerns arise that a child/young<br />
person is at risk of significant harm, a referral will need <strong>to</strong> be made <strong>to</strong><br />
<strong>Children</strong>’s Social Care.<br />
4. POLICE PROTECTION<br />
Removal <strong>and</strong> Accommodation of <strong>Children</strong> by Police In Cases of<br />
Emergency (Police Protection) Section 46 <strong>Children</strong> Act 1989<br />
4.1 INTRODUCTION<br />
In addition <strong>to</strong> their duty <strong>to</strong> investigate criminal offences, the Police have<br />
emergency powers <strong>to</strong> enter premises <strong>and</strong> ensure the immediate<br />
protection of children believed <strong>to</strong> be suffering from, or at risk of<br />
significant harm. Such powers should only be used in exceptional<br />
circumstances where there is insufficient time <strong>to</strong> seek an Emergency<br />
Protection Order or for reasons relating <strong>to</strong> the immediate safety of the<br />
child. The principle being that wherever possible the decision <strong>to</strong> remove<br />
a child from a parent or carer should be made by a court.<br />
This guidance is intended <strong>to</strong> provide a brief outline <strong>to</strong> all Officers in<br />
relation <strong>to</strong> the use of their powers <strong>and</strong> the actions that are required. If<br />
more detailed guidance is needed, either the Practice Direction – Police<br />
Protection, the relevant legislation, the Divisional Family Protection<br />
Team, the Force Child Protection Co-ordina<strong>to</strong>r or the legal services unit<br />
should be consulted.<br />
Any action take under this legislation clearly has a huge impact on those<br />
involved. It is extremely important therefore, that the correct <strong>and</strong> most<br />
appropriate course of action is taken from the outset.<br />
Section 46 of the <strong>Children</strong> Act 1989 (the Act) empowers a Constable <strong>to</strong><br />
take a child in<strong>to</strong> Police Protection for a maximum of 72 hours.<br />
Where a Constable has reasonable cause <strong>to</strong> believe that a child would<br />
otherwise suffer significant harm, he/she may:-<br />
Remove the child <strong>to</strong> suitable accommodation <strong>and</strong> <strong>keep</strong> him/her<br />
there: or<br />
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Take such steps as are reasonable <strong>to</strong> ensure that the child’s<br />
removal from any hospital, or other place, in which he/she is being<br />
accommodated is prevented.<br />
For the purposes of the Act, a child with respect <strong>to</strong> whom a Constable<br />
has exercised his/her power under this section is referred <strong>to</strong> as having<br />
been taken in<strong>to</strong> ‘Police Protection’.<br />
A child, for the purposes of this Act, is a person under the age of 18<br />
years.<br />
There is no provision for past harm. The child must be suffering, or<br />
likely <strong>to</strong> suffer, significant harm at the time, although past harm <strong>and</strong><br />
other information may help a Constable <strong>to</strong> form such an opinion.<br />
4.2 CONSIDERATION BY CONSTABLES<br />
Section 46 of the Act is directed at a Constable who has sole<br />
responsibility for taking a child in<strong>to</strong> Police Protection. The Officer must<br />
make a judgement of the situation at the scene <strong>and</strong> be satisfied that the<br />
above criteria are met before taking action.<br />
A Constable cannot delegate these responsibilities <strong>to</strong> a Social Worker,<br />
medical staff in a hospital, or staff in a place where the child is<br />
accommodated. Nor can he/she authorise a Social Worker <strong>to</strong> remove a<br />
child without a Constable making a judgement of the situation at the<br />
scene.<br />
It is not necessary for a Constable <strong>to</strong> have the authority of a Supervisor<br />
before taking a child in<strong>to</strong> Police Protection. An Officer at the scene must<br />
make a decision based on all the available information <strong>and</strong> his/her<br />
judgement. However, this should not deter an Officer from seeking<br />
advice from a Supervisor before taking action.<br />
4.3 PARENTAL RESPONSIBILITY<br />
Parental responsibility means all the rights, duties, powers,<br />
responsibilities <strong>and</strong> authority which by law a parent of a child have in<br />
relation <strong>to</strong> the child <strong>and</strong> the child’s property.<br />
Who actually has ‘Parental Responsibility’ is in some cases not always<br />
straight forward. It is important that Officers are clear about who has<br />
such responsibility by right <strong>and</strong> also who can acquire it.<br />
Generally, where a father <strong>and</strong> mother were married <strong>to</strong> each other at the<br />
time of the child’s birth, or have subsequently married, both have<br />
parental responsibility for the child. Otherwise only the mother has<br />
parental responsibility for the child unless it has been acquired in<br />
another way.<br />
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The unmarried father can acquire it by:<br />
Being present at the registration of a birth from December<br />
2003 onwards: or<br />
Obtaining a Parental Responsibility Order from Court: or<br />
Entering in<strong>to</strong> a formal agreement with the mother recorded<br />
by the Court: or<br />
Being appointed a Guardian.<br />
Anyone else can acquire or share ‘Parental Responsibility’ (PR) by:<br />
Being granted a residence order: or<br />
Being appointed a Guardian: or<br />
Having a Special Guardianship order in their favour (which<br />
reduces birth parent(s) PR); or<br />
Having an Adoption Order made in their favour (which<br />
extinguishes all other PR) : or<br />
Having an Emergency Protection Order in force, when the<br />
local authority share PR with birth parents who also have PR<br />
(lasts a maximum 15 days)<br />
Care Order or Interim Care Order, which confers parental<br />
responsibility on the Local Authority, shared with the birth<br />
parent/s.<br />
THE EXERCISE OF POLICE POWERS OF PROTECTION DOES NOT<br />
GIVE POLICE OFFICERS ‘PARENTAL RESPONSIBILITY’<br />
4.4 ACTIONS BY CONSTABLES<br />
The Act requires the Constable taking the child in<strong>to</strong> Police Protection <strong>to</strong><br />
take specific action. This action is m<strong>and</strong>a<strong>to</strong>ry.<br />
An Officer taking a child in<strong>to</strong> Police Protection will:<br />
Remove the child <strong>to</strong> suitable accommodation (provided by or on<br />
behalf of the Local Authority or a refuge). A Police Station is not<br />
suitable accommodation although it may be necessary <strong>to</strong> take the<br />
child there pending making the necessary arrangements:<br />
As soon as is reasonably practicable, inform <strong>Children</strong>’s Social<br />
Care in whose area the child was found, of the steps that have<br />
been <strong>and</strong> are proposed <strong>to</strong> be taken with respect <strong>to</strong> the child <strong>and</strong><br />
the reasons why:<br />
Give details <strong>to</strong> <strong>Children</strong>’s Social Care within whose area the child<br />
is ordinarily resident:<br />
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Inform the child (if capable of underst<strong>and</strong>ing) of the steps that<br />
have been taken in respect of him/her; <strong>and</strong> of the further steps<br />
that may be taken in respect of him/her:<br />
Take reasonable steps <strong>to</strong> discover the wishes <strong>and</strong> feelings of the<br />
child:<br />
Ensure that the case is inquired in<strong>to</strong> by a Designated Officer (in<br />
Humberside Police a uniform Inspec<strong>to</strong>r or above is a Designated<br />
Officer): <strong>and</strong><br />
Also as soon as is reasonable practicable, take such steps as are<br />
reasonably practicable <strong>to</strong> inform:<br />
The child’s parents (this may include a parent not living with<br />
the child):<br />
Every person who is not a parent of him/her but has parental<br />
responsibility: <strong>and</strong><br />
Any other person with whom the child was living immediately<br />
before being taken in<strong>to</strong> Police Protection:<br />
of the steps taken, the reasons for taking them <strong>and</strong> further steps that<br />
may be taken in respect of the child under the Act.<br />
4.5 CONTINUING ACTIONS<br />
Once a child has been taken in<strong>to</strong> Police Protection, <strong>Children</strong>’s Social<br />
Care, within whose area the child was found, will provide suitable<br />
accommodation for the child.<br />
The officer taking the child in<strong>to</strong> Police Protection will complete<br />
Humberside Police form 296 (Police Protection Register), ring the<br />
PNC Bureau, obtain the next consecutive Police Protection number for<br />
the relevant division, commence the Police Protection narrative form <strong>and</strong><br />
pass these <strong>to</strong> the Designated Officer.<br />
Officers will also ensure that a Juvenile Report form 125 <strong>and</strong>, if<br />
applicable, a Domestic Violence form 913 are completed <strong>and</strong><br />
forwarded <strong>to</strong> the appropriate Divisional Family Protection Team.<br />
4.6 DESIGNATED OFFICER (UNIFORM INSPECTOR OR ABOVE)<br />
The Designated Officer is charged with ensuring the case is inquired<br />
in<strong>to</strong>. The main purpose of this responsibility is <strong>to</strong> decide whether Police<br />
Protection should continue. He/she should also make decisions<br />
regarding contact whilst ensuring that all of the above actions have been<br />
carried out.<br />
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Decisions regarding contact with the child will lie with <strong>Children</strong>’s Social<br />
Care once the child has been accommodated by the Local Authority.<br />
This Officer should ensure that a Police Family Protection Team<br />
Supervisor is informed in order that a referral can be made <strong>to</strong> determine<br />
what, if any, further investigation is <strong>to</strong> be carried out.<br />
The Designated Officer’s responsibilities are continuous <strong>and</strong> if any<br />
information is forthcoming that impacts on decisions made, liaison<br />
should take place with <strong>Children</strong>’s Social Care <strong>to</strong> decide on a future<br />
course of action.<br />
4.7 INCIDENTS INSTIGATED BY CHILDREN’S SOCIAL CARE<br />
There will be occasions when a Social Worker becomes aware of a child<br />
whom he/she suspects is suffering or may be likely <strong>to</strong> suffer significant<br />
harm <strong>and</strong> urgency precludes an application for an Emergency Protection<br />
Order at that time. In these situations, the Social Worker should<br />
request that a Police Officer attends.<br />
Upon attending, the Officer will liaise with the Social Worker <strong>and</strong> make a<br />
judgment as <strong>to</strong> whether the child should be taken in<strong>to</strong> Police Protection.<br />
As previously stated, this is the Officer’s decision.<br />
4.8 POWER OF ENTRY<br />
There is no specific power of entry under the <strong>Children</strong> Act for the<br />
purposes of taking a child in<strong>to</strong> Police Protection. Officers should<br />
consider the provisions of Section 17 of the Police <strong>and</strong> Criminal Evidence<br />
Act 1984 <strong>and</strong> that Child Cruelty is an Arrestable Offence.<br />
A flow chart is provided at the end of these Police <strong>procedure</strong>s.<br />
5. INITIAL RESPONSE/ACTION<br />
5.1 RECOGNITION/CONCERNS<br />
Police Officers are often invited in<strong>to</strong> people’s homes <strong>to</strong> give advice,<br />
record complaints or <strong>to</strong> investigate crimes <strong>and</strong>, as such, have a crucial<br />
role <strong>to</strong> play in recognising indica<strong>to</strong>rs of possible neglect or abuse,<br />
particularly in circumstances where there are recognised sources of<br />
stress:<br />
Domestic Violence (see Section 10)<br />
Mental Illness of a Parent or Carer<br />
Drug <strong>and</strong> Alcohol Misuse<br />
Social Exclusion<br />
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Where an Officer has concerns about a child’s welfare or becomes aware<br />
of an allegation or suspicion that a child is suffering or is likely <strong>to</strong> suffer<br />
significant harm, he/she will discuss the concerns with the family <strong>and</strong>,<br />
WHERE POSSIBLE, seek their agreement <strong>to</strong> share them with <strong>Children</strong>’s<br />
Social Care. However, this should only be done where such discussions<br />
<strong>and</strong> agreement seeking will not place a child at increased risk of<br />
significant harm. (Guidance on child welfare <strong>and</strong> significant harm can be<br />
found at ?)<br />
Parents/carers may not agree <strong>to</strong> information being shared, but this<br />
should not prevent referrals where child protection concerns persist.<br />
Reasons for dispensing with agreement by the family should be clearly<br />
recorded.<br />
(Further guidance on consent/information sharing can be found at ???)<br />
Where there are immediate concerns about significant harm, the<br />
following must be considered:<br />
The welfare of the child is paramount <strong>and</strong> such action as is<br />
necessary <strong>to</strong> protect the child must be taken:<br />
Wherever a child appears <strong>to</strong> be in need of urgent medical attention,<br />
arrangements must be made for the child <strong>to</strong> be removed <strong>and</strong><br />
immediately taken <strong>to</strong> the nearest hospital Accident <strong>and</strong> Emergency<br />
Department: (this may necessitate a ‘999’ call for an ambulance)<br />
Whilst at premises in connection with any allegation or suspicion of<br />
a child being at risk of significant harm, Officers will account for <strong>and</strong><br />
see all children in the household <strong>and</strong> check their well being:<br />
In cases of non-accidental injury, speed is often essential <strong>to</strong> prevent<br />
further harm <strong>to</strong> the victim. This may not always be necessary in<br />
child sexual abuse cases if there is reason <strong>to</strong> believe the child is not<br />
at immediate risk of further abuse, e.g. abuse s<strong>to</strong>pped some time<br />
earlier or the abuse may be occasional or the risk is from a family<br />
member who visits the home:<br />
Such cases provide more time for the investiga<strong>to</strong>rs <strong>and</strong> their<br />
Supervisors <strong>to</strong> consider how best <strong>to</strong> investigate the case <strong>and</strong> how <strong>to</strong><br />
approach the victim <strong>and</strong> his/her family before direct intervention:<br />
Except for emergencies, any intervention regarding the timing of<br />
the removal of a child from the home must be taken only after a full<br />
discussion between a Designated Decision Maker in the Police<br />
Family Protection Team <strong>and</strong> <strong>Children</strong>’s Social Care has taken place.<br />
Consideration must be given <strong>to</strong> the effect that such a removal may<br />
have upon the child <strong>and</strong> the subsequent effect that such action may<br />
have on the family:<br />
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It is paramount, as in any case of suspected crime, that all matters<br />
likely <strong>to</strong> be of evidential significance are preserved <strong>and</strong> that a<br />
specialist Scenes of Crime Officer becomes involved at an early<br />
stage. Evidence should be preserved with minimum of h<strong>and</strong>ling,<br />
pho<strong>to</strong>graphed in situ whenever possible <strong>and</strong> retained for production<br />
in Court.<br />
5.2 REFERRAL TO DIVISIONAL FAMILY PROTECTION TEAM<br />
In ALL allegations involving a child victim or witness, whether concerns<br />
are immediate or otherwise a Family Protection Team Detective<br />
Inspec<strong>to</strong>r/Sergeant will be informed, either by telephone, e-mail <strong>and</strong>/or<br />
by the submission of a Juvenile Report form 125.<br />
Where an officer has concerns about a child or young person <strong>and</strong> is<br />
unsure about whether or how <strong>to</strong> make a referral, they should seek<br />
advice from any member of a Divisional Family Protection Team or the<br />
Force Child Protection Co-ordina<strong>to</strong>r (out of hours contact details for the<br />
Family Protection Team Detective Inspec<strong>to</strong>r/Sergeant can be obtained<br />
from the Enquiry Bureau within the Northern Communications Centre).<br />
Once a referral has been made the <strong>procedure</strong>s at Section 3.3 (from<br />
heading no. 2: “Referrals To Local Authority <strong>Children</strong>’s Social<br />
Care”) will be followed.<br />
6 CONSULTATION WITH CHILDREN’S SOCIAL CARE<br />
6.1 DESIGNATED DECISION MAKERS<br />
When a case involving a child in need concern or suspected significant<br />
harm becomes known <strong>to</strong> any agency, the Designated Co-decision<br />
makers will be:-<br />
During normal hours (0900 /1600)<br />
<strong>Children</strong>’s Social Care: Team Manager/Area Manager; or Sut<strong>to</strong>n<br />
Place <strong>Safe</strong> Centre Deputy Manager or Manager<br />
AND<br />
Police Family Protection Team:- Detective Inspec<strong>to</strong>r/Sergeant.<br />
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Outside normal hours<br />
<strong>Children</strong>’s Social Care: Emergency Duty Team (E.D.T.)<br />
AND<br />
Police Family Protection Team:- Detective Inspec<strong>to</strong>r/Sergeant.<br />
Addresses <strong>and</strong> telephone numbers are contained within Section 6<br />
“Contacts”.<br />
In any case where there is inter-agency disagreement at decision<br />
making level, the matter will be immediately referred for arbitration <strong>to</strong>:-<br />
<strong>Children</strong>’s Social Care Area Manager/Principal Child Care Manager<br />
<strong>and</strong> Divisional Police Superintendent (Operations)<br />
6.2 RECORDING<br />
Police Form 547 is a multi-functional form, which will be used for the<br />
following purposes:<br />
Recording information sharing <strong>and</strong>, where necessary, consultation<br />
between <strong>Children</strong>’s Social Care <strong>and</strong> the Police in relation <strong>to</strong> a<br />
referral about a child in need, whether or not there are child<br />
protection concerns: (Section 17 <strong>Children</strong> Act 1989) <strong>and</strong><br />
Recording the decision making process where a child is suspected<br />
<strong>to</strong> be suffering, or likely <strong>to</strong> suffer, significant harm <strong>and</strong> S.47<br />
<strong>Children</strong> Act 1989 enquiries are required.<br />
This consultation <strong>and</strong> decision making can be initiated by either:<br />
- Police <strong>to</strong> <strong>Children</strong>’s Social Care<br />
- <strong>Children</strong>’s social care <strong>to</strong> Police<br />
- Any other agency <strong>to</strong> Police/<strong>Children</strong>’s Social Care<br />
Form 547 is held in each Divisional Family Protection Team.<br />
6.3 CONSULTATION/DECISION MAKING<br />
Upon receipt of a referral the appropriate Family Protection Team<br />
Detective Inspec<strong>to</strong>r/Sergeant will contact the relevant <strong>Children</strong>’s Social<br />
Care manager. They will share information, consult <strong>and</strong> where<br />
necessary make a decision in accordance with the <strong>procedure</strong>s at<br />
Section 3.3 (from heading no. 2: “Referrals To Local Authority<br />
<strong>Children</strong>’s Social Care”). They will also complete a Form 547.<br />
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The possible outcomes of the consultation are:<br />
That immediate action is required <strong>to</strong> protect the child from harm/<br />
further harm, e.g. Emergency Protection Order, consideration of<br />
the need for removal in<strong>to</strong> Police Protection:<br />
That a crime may have been committed <strong>and</strong> must be investigated<br />
by the Police working jointly with <strong>Children</strong>’s Social Care:<br />
That further enquiries need <strong>to</strong> be made prior <strong>to</strong> making a decision:<br />
<strong>and</strong>/or<br />
A Strategy Discussion/Meeting should take place.<br />
In all cases, the welfare of the child will remain paramount <strong>and</strong> the<br />
welfare of other children within the victims’ <strong>and</strong> suspects’ household/s<br />
must also be considered.<br />
Any planned delay should ensure that such delay is justified <strong>and</strong> will not<br />
place the child at risk of harm/further harm. Planned delay must be<br />
recorded on Police Form 547 <strong>and</strong> agreed by the co-decision makers.<br />
In dealing with alleged offences involving a child victim, the Police<br />
should always work in partnership with <strong>Children</strong>’s Social Care <strong>and</strong>/or<br />
other child welfare agencies. Whilst the responsibility <strong>to</strong> instigate<br />
criminal proceedings rests with the Police, they should consider the<br />
views expressed by other agencies. There will be some cases were,<br />
after discussion, it is agreed that the best interests of the child are<br />
served by a <strong>Children</strong>’s Social Care lead intervention rather than a full<br />
Police investigation.<br />
Decisions will be endorsed by the Co-Decision makers <strong>and</strong> recorded on<br />
Police Form 547.<br />
6.4 STRATEGY DISCUSSION/MEETING<br />
Whenever there is reasonable cause <strong>to</strong> suspect that a child is suffering,<br />
or is likely <strong>to</strong> suffer, significant harm, there should be a Strategy<br />
Discussion/Meeting involving <strong>Children</strong>’s Social Care, the Police <strong>and</strong> any<br />
other agencies as appropriate. A Strategy Discussion/Meeting may take<br />
place following a referral or at any other time e.g. if concerns about<br />
significant harm emerge in respect of a child receiving support under<br />
Section 17 of the <strong>Children</strong> Act 1989.<br />
The timing of the Strategy Discussion/Meeting, which may be face <strong>to</strong><br />
face or by telephone, will depend on the nature <strong>and</strong> urgency of the<br />
referral but should take place as soon as possible after receipt of the<br />
referral/decision that there is reasonable cause <strong>to</strong> suspect significant<br />
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harm. <strong>Children</strong>’s Social Care will be responsible for convening, chairing<br />
<strong>and</strong> minuting Strategy Discussion/Meetings.<br />
For further guidance on Strategy Discussion/Meetings see Section 3.3<br />
(heading no. 6: “Strategy Discussion”)<br />
6.5 INVOLVING THE CHILD AND/OR PARENT OR CARER<br />
In all cases where the parent/s or care giver/s are not aware of the<br />
referral <strong>and</strong> the Police are involved the decision about when <strong>to</strong> inform<br />
the Parent or care giver will have a bearing on the conduct of Police<br />
investigations <strong>and</strong> the strategy discussion should decide on the most<br />
appropriate timing of parental participation.<br />
During the enquiry, all children referred will be seen <strong>and</strong> also the family<br />
members of the household. The child should be seen separately from<br />
the parent or carer <strong>and</strong> his/her wishes <strong>and</strong> views should be given due<br />
consideration (allowing for age <strong>and</strong> underst<strong>and</strong>ing).<br />
Enquiries may also involve interviews with others who are personally or<br />
professionally involved with the child <strong>and</strong>/or parents/carers including<br />
those who may make specific assessments.<br />
Exceptionally, a joint enquiry/investigation team may need <strong>to</strong> speak <strong>to</strong> a<br />
suspected child victim without the knowledge of the parent or caregiver<br />
(see section 6.8).<br />
6.6 CARRYING OUT THE ENQUIRY/INVESTIGATION<br />
Where a decision is made <strong>to</strong> conduct a criminal investigation, the<br />
Detective Inspec<strong>to</strong>r/Sergeant will allocate the Investigation <strong>to</strong> a<br />
Vulnerable Witness Officer (VWO) who will work with the designated<br />
Social Worker.<br />
Where the referral alleges serious sexual or physical abuse of a child or<br />
young person by a member of the family or the alleged offender holds a<br />
position of trust, power or authority over the victim e.g. teacher, youth<br />
leader, carer, the Vulnerable Witness Officer will be a member of the<br />
Police Family Protection Team <strong>and</strong> the Investigation will be supervised<br />
by a Family protection Team Supervisor.<br />
All other allegations will be allocated <strong>to</strong> a Divisional Vulnerable Witness<br />
Officer <strong>and</strong> will be moni<strong>to</strong>red by a Family Protection Team Supervisor <strong>to</strong><br />
ensure that the Child Protection database is being updated promptly <strong>and</strong><br />
accurately.<br />
When joint enquiries take place, the Police have the lead for the criminal<br />
investigation <strong>and</strong> <strong>Children</strong>’s Social Care have the lead for the S47<br />
enquiries <strong>and</strong> the child’s welfare.<br />
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THROUGHOUT THE INVESTIGATION LIAISON BETWEEN THE TWO<br />
AGENCIES MUST BE MAINTAINED APPROPRIATELY.<br />
(e.g. outcome of video interview/ medical examination / suspect<br />
interview)<br />
6.7 INTERVIEWING THE CHILD/YOUNG PERSON<br />
In accordance with the Achieving Best Evidence guidance (Home Office,<br />
2002), all joint interviews with children should be conducted by those<br />
with specialist training <strong>and</strong> experience in interviewing children. The<br />
views of all parties at the strategy meeting should be sought <strong>to</strong> establish<br />
the capacity of a child <strong>to</strong> undertake an interview. Additional specialist<br />
help may be required<br />
if the child does not speak English at a level which enables him or<br />
her <strong>to</strong> participate in the interview;<br />
the child appears <strong>to</strong> have a degree of emotional disturbance but is<br />
deemed competent;<br />
the child has an impairment;<br />
or where interviewers do not have adequate knowledge <strong>and</strong><br />
underst<strong>and</strong>ing of the child’s racial, religious or cultural<br />
background.<br />
Consideration should also be given <strong>to</strong> the gender of interviewers,<br />
particularly in cases of alleged sexual abuse.<br />
Where appropriate, the child will be interviewed in accordance with the<br />
decisions of the Strategy Discussion/Meeting. The nominated interview<br />
team, comprising a trained Social Worker <strong>and</strong> Police Officer will plan the<br />
detail of the interview including time, method, venue, who will be<br />
present etc. The child should never be interviewed in the presence of an<br />
alleged or suspected perpetra<strong>to</strong>r of abuse or someone who may be<br />
colluding with a perpetra<strong>to</strong>r.<br />
6.8 PARENTAL CONSENT TO INTERVIEW<br />
The consent of an adult with parental responsibility should always be<br />
sought prior <strong>to</strong> interviewing a child, however, exceptionally a joint<br />
enquiry/investigation team may need <strong>to</strong> speak <strong>to</strong> a suspected child<br />
victim without the knowledge of the parent or care giver.<br />
Relevant circumstances would include:<br />
If seeking consent would place the child at further risk of<br />
significant harm e.g. the possibility that the child would be<br />
threatened or otherwise coerced in<strong>to</strong> silence:<br />
A strong likelihood that important evidence would be destroyed:<br />
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If <strong>to</strong> do so would prejudice the enquiry:<br />
If the child is of sufficient age <strong>and</strong> underst<strong>and</strong>ing <strong>to</strong> give informed<br />
consent <strong>and</strong> does not wish the parent/carer <strong>to</strong> know the interview<br />
is <strong>to</strong> take place:<br />
If the situation is of an emergency nature <strong>and</strong> no-one with<br />
parental responsibility can be located in time:<br />
The decision not <strong>to</strong> seek parental consent should be taken only by the<br />
co-decision makers from <strong>Children</strong>’s Social Care <strong>and</strong> Police <strong>and</strong> should be<br />
recorded, with reasons, on Police Form 547.<br />
If parental consent is sought <strong>and</strong> refused the Social Worker should<br />
inform his/her manager <strong>and</strong> the Police Officer should inform the Family<br />
Protection Team Detective Inspec<strong>to</strong>r/Sergeant. The co-decision makers<br />
must discuss <strong>and</strong> review whether there is a need <strong>to</strong> apply <strong>to</strong> the Court<br />
for either an Emergency Protection Order or Child Assessment Order <strong>to</strong><br />
continue the enquiries.<br />
6.9 MEDICAL EXAMINATIONS<br />
The medical examination of a child who is suspected <strong>to</strong> have been<br />
harmed must always be considered by the enquiry team <strong>and</strong> particularly<br />
where the child is known <strong>to</strong> be injured or the alleged abuse is recent.<br />
The examination will have a number of purposes, including;<br />
Diagnosis of any illness or injury present<br />
Assessment of the child’s general health <strong>and</strong> development;<br />
Recommendations for any treatment required;<br />
Provision of a medical assessment for use as evidence in any<br />
future court proceedings<br />
Where a medical examination for evidential purposes is not required,<br />
consideration should be given <strong>to</strong> whether a medical examination would<br />
promote the health <strong>and</strong> well being of the child.<br />
The guiding principle is that a child should not be subject <strong>to</strong> repeated<br />
medical examinations each case must be considered according <strong>to</strong> the<br />
particular circumstances of the child <strong>and</strong> should take cognisance of a<br />
child’s routine, thereby minimising any disruption <strong>to</strong> it.<br />
A medical examination of a child must be conducted in a proper clinical<br />
environment, thereby creating an atmosphere of care <strong>and</strong> concern, so<br />
contributing <strong>to</strong> the reduction of anxiety <strong>and</strong> stress. The urgency of<br />
treatment <strong>and</strong> availability of facilities may affect the location, although it<br />
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is desirable that facilities specially provided, i.e. vulnerable victim suite<br />
or a hospital be used. Surgeries in Police Stations will not be used.<br />
Where there are other children in the family of a child who is injured or<br />
suspected <strong>to</strong> have been harmed consideration must also be given <strong>to</strong> the<br />
need for them <strong>to</strong> be medically assessed.<br />
In order <strong>to</strong> comply with the evidential requirements of any future court<br />
proceedings, forensic medical examinations will be carried out:<br />
o By a paediatrician trained in forensic skills<br />
Or<br />
o Jointly by a Forensic Medical Examiner (FME) <strong>and</strong> a paediatrician.<br />
The child should be given the choice of whether the examining doc<strong>to</strong>r is<br />
male or female; if this choice cannot be met, the reasons must be<br />
clearly recorded.<br />
Consent<br />
It is the responsibility of the examining doc<strong>to</strong>r <strong>to</strong> obtain consent before<br />
examining, treating or caring for a child.<br />
A child aged 16 or 17 is presumed by law, <strong>to</strong> have the competence <strong>to</strong><br />
give consent for themselves. A child below the age of 16 whom the<br />
examining doc<strong>to</strong>r considers competent <strong>to</strong> underst<strong>and</strong> what is involved in<br />
the proposed <strong>procedure</strong> can also give consent, although it is good<br />
practice <strong>to</strong> also involve a parent.<br />
In cases where the examining doc<strong>to</strong>r considers that the child is not<br />
competent <strong>to</strong> give their own consent, a person with parental<br />
responsibility must give consent on the child’s behalf, unless they cannot<br />
be reached in an emergency.<br />
If a competent child consents <strong>to</strong> medical examination or treatment, a<br />
parent cannot override that consent.<br />
If a competent child of any age refuses consent <strong>to</strong> medical examination<br />
or treatment, a person with parental responsibility or the court can over<br />
rule their refusal in circumstances where the child is at risk of suffering<br />
“grave <strong>and</strong> irreversible mental or physical harm”. However, it is likely<br />
that taking such a serious step will be rare.<br />
(For further guidance refer <strong>to</strong> “Reference Guide <strong>to</strong> Consent for<br />
Examination or Treatment” Department of Health, 2001).<br />
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6.10 POST ENQUIRY DISCUSSION/REVIEW<br />
At the conclusion of the enquiries, the decision makers will again consult<br />
<strong>and</strong> decide whether there is a need for further action <strong>to</strong> be taken. The<br />
possible outcomes of this consultation are:<br />
There is a need for the child’s immediate protection;<br />
The child is safe for the immediate future but child protection<br />
concerns persist, which necessitate the convening of a Child<br />
Protection Conference;<br />
The allegation is unsubstantiated or there are no continuing child<br />
protection concerns. However, the assessment of the child <strong>and</strong><br />
family’s needs should continue <strong>and</strong> any necessary services<br />
provided: <strong>and</strong>/or<br />
Further criminal investigations should take place<br />
The referrer should normally have been contacted within 24 hours on<br />
the action being taken on the referral. The post enquiry discussion may<br />
need <strong>to</strong> consider whether it is appropriate <strong>to</strong> update the referrer on the<br />
outcome of the enquiry.<br />
7. CHILD PROTECTION CONFERENCES<br />
7.1 THE INITIAL CHILD PROTECTION CONFERENCE.<br />
Purpose<br />
The initial child protection conference brings <strong>to</strong>gether family members,<br />
the child where appropriate, <strong>and</strong> those professionals most involved with<br />
the child <strong>and</strong> family, following s47 enquiries. Its purpose is:<br />
To bring <strong>to</strong>gether <strong>and</strong> analyse in an inter-agency setting the<br />
information which has been obtained about the child’s<br />
developmental needs, <strong>and</strong> the parents’ or carers’ capacity <strong>to</strong><br />
respond <strong>to</strong> these needs <strong>to</strong> ensure the child’s safety <strong>and</strong> promote<br />
the child’s health <strong>and</strong> development within the context of their<br />
wider family <strong>and</strong> environment:<br />
To consider the evidence presented <strong>to</strong> the conference, make<br />
judgements about the likelihood of a child suffering significant<br />
harm in future <strong>and</strong> decide whether the child is at continuing risk of<br />
significant harm; <strong>and</strong><br />
To decide what future action is required <strong>to</strong> safeguard <strong>and</strong> promote<br />
the welfare of the child, how that action will be taken forward, <strong>and</strong><br />
with what intended outcomes.<br />
Conferences will be attended by the supervising Detective<br />
Inspec<strong>to</strong>r/Sergeant, the Investigating Officer or the Juvenile Liaison<br />
Officer as appropriate. An agency report for the conference will be<br />
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prepared using the LSCB proforma (see Appendix 5 of Section 3.3<br />
“The processes for safeguarding <strong>and</strong> promoting the welfare of<br />
children”)<br />
7.2 CHILD PROTECTION REGISTER/CHILD PROTECTION PLAN<br />
The initial Child Protection Conference is responsible for agreeing an<br />
outline Child Protection Plan.<br />
The overall aim of the plan is <strong>to</strong>;<br />
Ensure the child is safe <strong>and</strong> prevent him or her from suffering<br />
further harm:<br />
Promote the child’s health <strong>and</strong> development i.e. his or her welfare:<br />
<strong>and</strong><br />
Provided it is in the best interests of the child, <strong>to</strong> support the<br />
family <strong>and</strong> other family members <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of their child.<br />
Local Authorities <strong>Children</strong>’s Social Care IT systems record in the child’s<br />
case record when the child is subject of a Child Protection Plan <strong>and</strong><br />
produce a list of all the children resident in the area (including those<br />
placed there by another Local Authority or agency) who are considered<br />
<strong>to</strong> be at risk of significant harm <strong>and</strong> for whom there is a Child Protection<br />
Plan.<br />
This allows agencies <strong>and</strong> professionals <strong>to</strong> be aware of such children <strong>and</strong><br />
it is essential that legitimate enquires such as the Police are able <strong>to</strong><br />
obtain this information both inside <strong>and</strong> outside office hours.<br />
7.3 ENQUIRIES TO THE CHILD PROTECTION PLAN LIST<br />
The Child’s Protection Plan List is open <strong>to</strong> direct enquiry from<br />
professionals who are worried about harm/potential harm <strong>to</strong> a child <strong>and</strong><br />
want <strong>to</strong> know whether the child is subject of an inter-agency Child’s<br />
Protection Plan.<br />
Enquiries should be directed <strong>to</strong> the Child’s Protection Plan List Manager.<br />
To safeguard confidentiality, the Manager will operate a “call back”<br />
system.<br />
<strong>Children</strong> who are the subject of a Child’s Protection Plan<br />
If the child about whom an enquiry is made is the subject of a<br />
Child’s Protection Plan, the enquirer will be informed of this <strong>and</strong><br />
given the name, location <strong>and</strong> telephone number of the Keyworker.<br />
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It will be the responsibility of the enquirer <strong>to</strong> discuss their concern<br />
with the Keyworker.<br />
<strong>Children</strong> who are not the subject of a Child’s Protection Plan<br />
If the child about whom an enquiry is made is not the subject of a<br />
Child’s Protection Plan, or the child’s name is on the “inactive list”,<br />
the enquirer will be informed of this. He/she will also be advised<br />
<strong>to</strong> share their concern with the relevant <strong>Children</strong>’s Social Care<br />
Area Family Resource Centre.<br />
If the child about whom an enquiry is made is not the subject of a<br />
Child’s Protection Plan, but there is another child living at the<br />
same address who is, the enquirer will be informed of this <strong>and</strong><br />
given the name, location <strong>and</strong> telephone number of the Keyworker.<br />
Log of Enquiries<br />
The Child’s Protection Plan List Manager will maintain a log of<br />
enquiries. Where there are two or more enquiries about a child<br />
within one year of each other, the Manager will inform all the<br />
enquirers <strong>and</strong> ask them <strong>to</strong> consult <strong>to</strong>gether <strong>to</strong> decide whether a<br />
referral <strong>to</strong> <strong>Children</strong>’s Social Care needs <strong>to</strong> be made.<br />
The information about the enquiries <strong>to</strong> the List in respect of any<br />
individual child will be kept for two years from the date of the last<br />
enquiry.<br />
Out of hours enquires <strong>to</strong> the list should be made via the<br />
Emergency Duty Team (EDT).<br />
N.B: It should be noted that the “Child Protection Register” is <strong>to</strong><br />
be phased out <strong>and</strong> each Local Authority will move <strong>to</strong>wards<br />
maintaining a list of children for whom there is a Child<br />
Protection Plan.<br />
7.4 THE CHILD PROTECTION REVIEW CONFERENCE<br />
The date of the first review conference must be set at the initial<br />
conference <strong>and</strong> must be held within three months of the initial Child<br />
Protection Conference.<br />
Purpose:<br />
To review the safety, health <strong>and</strong> development of the child against<br />
intended outcomes set out in the Child Protection Plan:<br />
Ensure that the child continues <strong>to</strong> be adequately safeguarded:<br />
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To consider whether the Child Protection Plan needs <strong>to</strong> continue in<br />
place or should be changed.<br />
The Review Conference requires as much commitment <strong>and</strong> management<br />
as the initial conference <strong>and</strong> preparation <strong>and</strong> attendance should be<br />
identical. An Agency report for the conference will be prepared using the<br />
LSCB proforma (see Appendix 6 of Section 3.3 “The processes for<br />
safeguarding <strong>and</strong> promoting the welfare of children”).<br />
8. PROVISION OF THERAPY<br />
There will be occasions when a child, who is required as a witness in<br />
court, has a need for immediate therapy prior <strong>to</strong> the court hearing.<br />
There should always be discussions with the Crown Prosecution Service<br />
<strong>and</strong> the legal advisor <strong>to</strong> <strong>Children</strong>’s Social care about the particular needs<br />
of any individual child.<br />
The welfare of the child is of paramount importance.<br />
Reference should be made <strong>to</strong> Pro<strong>to</strong>col 14 in Section 5: “Pre-Trial<br />
Therapy”.<br />
9. RELEASE OF EVIDENCE<br />
Statements, evidence gathered by way of video interview <strong>and</strong> a whole<br />
range of other documentation collected by the Police for the<br />
consideration of criminal proceedings in cases of Child Protection may be<br />
supplied <strong>to</strong> the Local Authority for the purposes of civil proceedings<br />
providing that the request from the Local Authority is made <strong>to</strong> the Legal<br />
Services Unit.<br />
Upon receipt of the request a member of the Legal Services Unit will<br />
contact the Officer in the case (OIC) <strong>and</strong> take instructions as <strong>to</strong> the<br />
position of the investigation <strong>to</strong> determine whether disclosure would<br />
prejudice Police enquiries.<br />
In cases where there is a concern negotiations will take place between<br />
the Legal Services Unit <strong>and</strong> the Local Authority.<br />
Once the Local Authority are aware of the Police position in relation <strong>to</strong><br />
disclosure they will obtain the appropriate court order.<br />
It is the responsibility of the Officer in the case (OIC) <strong>to</strong> provide any<br />
material requested by the Legal Services Unit.<br />
In cases of doubt or difficulty, advice should be sought from the Legal<br />
Services Unit.<br />
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10. DOMESTIC VIOLENCE<br />
The Police are often the first point of contact with families in which<br />
domestic violence takes place. When responding <strong>to</strong> incidents of<br />
violence, officers should find out whether there are any children living in<br />
the household <strong>and</strong> see any children present <strong>to</strong> assess their immediate<br />
safety.<br />
Officers should be aware of the implications for any child(ren) in the<br />
household, including the possibility that the child(ren) may themselves<br />
be subject <strong>to</strong> violence or other harm.<br />
Prolonged <strong>and</strong>/or regular exposure <strong>to</strong> domestic violence can have a<br />
serious impact on a child’s development <strong>and</strong> emotional well being.<br />
A child may be greatly distressed by witnessing the physical <strong>and</strong><br />
emotional suffering of a parent. Both the physical assaults <strong>and</strong><br />
psychological abuse suffered by adult victims who experience domestic<br />
violence can have a negative impact on their ability <strong>to</strong> look after a child.<br />
This is exacerbated when the violence:-<br />
Is combined with drink or drug misuse;<br />
Is witnessed by a child;<br />
Draws in a child; <strong>and</strong><br />
Pressurises a child in<strong>to</strong> concealing the assaults.<br />
A child’s exposure <strong>to</strong> parental conflict, even when violence is not<br />
present, can lead <strong>to</strong> serious anxiety <strong>and</strong> distress, particularly when it is<br />
vented through the child.<br />
The amendment made in Section 120 of the Adoption <strong>and</strong> <strong>Children</strong> Act<br />
2002 <strong>to</strong> the <strong>Children</strong> Act 1989 clarifies the meaning of “harm” in the<br />
<strong>Children</strong> Act, <strong>to</strong> make explicit that “harm” will include, for example,<br />
impairment suffered from seeing or hearing the ill-treatment of another.<br />
Where an Officer has responded <strong>to</strong> an incident of domestic violence <strong>and</strong><br />
has specific concerns about the safety or welfare of a child, the Officer<br />
will discuss them with the family <strong>and</strong>, WHERE POSSIBLE, seek their<br />
agreement <strong>to</strong> share them with <strong>Children</strong>’s Social Care. However, this<br />
should only be done where such discussion <strong>and</strong> agreement seeking will<br />
not place a child at increased risk of significant harm. Consideration<br />
should also be given <strong>to</strong> the adult victim’s safety.<br />
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The Officer will complete a Domestic Violence Form 913 <strong>and</strong> refer the<br />
matter <strong>to</strong> the appropriate:-<br />
Domestic Violence Liaison Officer: or<br />
Any member of a Police Family Protection Team: or<br />
<strong>Children</strong>’s Social Care (out of hours E.D.T)<br />
For further guidance see:<br />
Humberside Police Practice Direction – “Domestic Violence”<br />
NCPE guidance on “Investigating Domestic Violence”<br />
11 RECORD KEEPING<br />
Good record <strong>keep</strong>ing is an important part of the accountability of<br />
professionals <strong>to</strong> those who use their services. It helps <strong>to</strong> focus work,<br />
<strong>and</strong> it is essential <strong>to</strong> working effectively across agency <strong>and</strong> professional<br />
boundaries.<br />
Clear <strong>and</strong> accurate records ensure that there is a documented account<br />
of an agency’s or professional’s involvement with a child <strong>and</strong>/or family.<br />
They help with continuity when individual workers are unavailable or<br />
change, <strong>and</strong> they provide an essential <strong>to</strong>ol for managers <strong>to</strong> moni<strong>to</strong>r<br />
work or for peer review.<br />
All records including notes, plans <strong>and</strong> minutes of meetings/conferences<br />
etc are an essential source of evidence for investigations <strong>and</strong> inquiries,<br />
<strong>and</strong> may also be required <strong>to</strong> be disclosed as evidence in criminal <strong>and</strong><br />
civil court proceedings.<br />
To serve these purposes records should use clear, straightforward<br />
language, be concise, <strong>and</strong> be accurate not only in fact, but also in<br />
differentiating between opinion, judgement <strong>and</strong> hypothesis.<br />
Well kept records provide an essential underpinning <strong>to</strong> good professional<br />
practice. <strong>Safe</strong>guarding <strong>and</strong> promoting the welfare of children requires<br />
information <strong>to</strong> be brought <strong>to</strong>gether from a number of sources <strong>and</strong><br />
careful professional judgements <strong>to</strong> be made on the basis of this<br />
information. Records should be clear, accessible <strong>and</strong> comprehensive,<br />
with judgements made <strong>and</strong> decisions <strong>and</strong> interventions carefully<br />
recorded. Where decisions have been taken jointly across agencies, or<br />
endorsed by a manager, this should be made clear.<br />
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12 FURTHER GUIDANCE<br />
For further guidance see:<br />
• Humberside Police Practice Direction – Child Protection<br />
• Humberside Police Practice Direction – Police Protection<br />
• Humberside Police Practice Direction – Achieving Best Evidence<br />
• Humberside Police Practice Direction – Investigative interviewing<br />
• NCPE guidance on “Investigating Child Abuse <strong>and</strong> <strong>Safe</strong>guarding<br />
<strong>Children</strong>”<br />
For further guidance see:<br />
Humberside Police Practice Direction – Child Protection<br />
Humberside Police Practice Direction – Police Protection<br />
Humberside Police Practice Direction – Achieving Best Evidence<br />
Humberside Police Practice Direction – Investigative interviewing<br />
NCPE guidance on “Investigating Child Abuse <strong>and</strong> <strong>Safe</strong>guarding<br />
<strong>Children</strong>”<br />
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emove the child <strong>to</strong> suitable<br />
accommodation.<br />
inform the Local<br />
Authority in<br />
which the child<br />
resides <strong>and</strong> is<br />
found, <strong>and</strong><br />
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POLICE PROTECTION<br />
A CONSTABLE, having cause <strong>to</strong> believe a child<br />
will suffer significant harm, may:<br />
The Constable MUST then<br />
if the child appears <strong>to</strong> be<br />
capable of underst<strong>and</strong>ing,<br />
inform the child of the steps<br />
that have been <strong>and</strong> will be<br />
taken <strong>and</strong> try <strong>to</strong> ascertain<br />
the child’s wishes, <strong>and</strong><br />
<strong>keep</strong> a child in suitable<br />
accommodation.<br />
if the child is not<br />
immediately removed<br />
<strong>to</strong> Local Authority<br />
accommodation or<br />
Refuge after Police<br />
Protection is taken<br />
(i.e. if the child is<br />
first taken <strong>to</strong> a Police<br />
Station) ensure that<br />
this is done as soon<br />
as possible, <strong>and</strong><br />
inform the child’s parents or any other person having parental<br />
responsibility, <strong>and</strong> any person with whom the child was living immediately<br />
before Police Protection was taken, <strong>and</strong><br />
ensure that the case is inquired in<strong>to</strong> by a “Designated Officer” (Uniform<br />
Inspec<strong>to</strong>r).<br />
release the child from Police<br />
Protection unless he/she has<br />
reasonable grounds <strong>to</strong><br />
believe the child would<br />
suffer significant harm, <strong>and</strong><br />
EITHER/<br />
OR<br />
The “Designated Officer” MUST<br />
allow ‘contact’ with<br />
the following people<br />
if he/she considers<br />
it reasonable <strong>and</strong> in<br />
the child’s best<br />
interests:<br />
i) the child’s parents;<br />
ii) Any other person with<br />
parental responsibility;<br />
iii) Any person whom the<br />
child was with prior <strong>to</strong><br />
Police Protection being<br />
taken;<br />
iv) Any person in whose<br />
favour a contact order<br />
is in force;<br />
v) any person allowed <strong>to</strong><br />
have contact with a<br />
child in care by virtue<br />
of an order under<br />
S.34.<br />
vi) Any person acting on<br />
behalf of those listed<br />
above.<br />
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Appendix 1
4.7 NATIONAL PROBATION SERVICE<br />
1 Introduction<br />
1.1The National Probation Service - Humberside (NPS - Humberside)<br />
supervises offenders, with the aim of reducing re-offending <strong>and</strong><br />
protecting the public. As part of their main responsibility <strong>to</strong> supervise<br />
offenders in the community, Offender Managers will be in contact<br />
with, or supervising, a number of offenders who have been identified<br />
as presenting a risk, or potential risk, <strong>to</strong> children (hereafter<br />
referred <strong>to</strong> as a “relevant offender”). They will also supervise<br />
offenders who are parents/carers of children. By working with these<br />
people <strong>to</strong> improve their lifestyles <strong>and</strong> enabling them <strong>to</strong> change their<br />
behaviour, Offender Managers will safeguard <strong>and</strong> promote the<br />
welfare of children for whom the offenders have a responsibility. In<br />
addition, NPS - Humberside will provide a direct service <strong>to</strong> children<br />
by:<br />
Providing information <strong>to</strong> victims of serious sexual or violent<br />
offences, who may be children<br />
Supervising 16 <strong>and</strong> 17 year olds on Unpaid Work (formerly<br />
Community Punishment)<br />
Seconding staff <strong>to</strong> join Youth Offending Teams<br />
Supporting women victims, <strong>and</strong> indirectly children in the family, of<br />
convicted perpetra<strong>to</strong>rs of domestic abuse participating in Accredited<br />
Domestic Abuse Programmes<br />
1.2 Offender Managers should also ensure there is clarity <strong>and</strong><br />
communication between Multi-Agency Public Protection Arrangements<br />
(MAPPA) <strong>and</strong> other risk management processes e.g., in the case of<br />
<strong>Safe</strong>guarding <strong>Children</strong>, <strong>procedure</strong>s covering Registered Sex<br />
Offenders, domestic abuse management meetings, child protection<br />
<strong>procedure</strong>s <strong>and</strong> <strong>procedure</strong>s for the assessment of persons identified<br />
as relevant offenders presenting a risk or potential risk <strong>to</strong> children.<br />
1.2 Offender Managers should also ensure there is clarity <strong>and</strong><br />
communication between Multi-Agency Public Protection<br />
Arrangements (MAPPA) <strong>and</strong> other risk management processes e.g.,<br />
in the case of <strong>Safe</strong>guarding <strong>Children</strong>, <strong>procedure</strong>s covering<br />
Registered Sex Offenders, domestic abuse management meetings,<br />
child protection <strong>procedure</strong>s <strong>and</strong> <strong>procedure</strong>s for the assessment of<br />
persons identified as relevant offenders presenting a risk or<br />
potential risk <strong>to</strong> children.<br />
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2 Roles & Responsibilities<br />
2.1 All organisations that work with children share a<br />
commitment <strong>to</strong> safeguard <strong>and</strong> promote their welfare <strong>and</strong><br />
for many organisations that is underpinned by a statu<strong>to</strong>ry<br />
duty or duties.<br />
2.2 For NPS - Humberside that duty is under Section 11 of the <strong>Children</strong><br />
Act 2004 which came in<strong>to</strong> force on 01 Oc<strong>to</strong>ber 2005.<br />
2.3 The duty is <strong>to</strong> ensure that NPS - Humberside’s functions are<br />
discharged with regard <strong>to</strong> the need <strong>to</strong> safeguard <strong>and</strong> promote the<br />
welfare of children.<br />
2.4 Further guidance on what this means is contained in the<br />
introduction <strong>to</strong> these guidelines <strong>and</strong> <strong>procedure</strong>s.<br />
3 Child Welfare Concerns<br />
3.1 Offender Managers may be called upon <strong>to</strong> provide information, <strong>and</strong><br />
in particular their assessment of risk fac<strong>to</strong>rs, in line with the<br />
Framework for the assessment of <strong>Children</strong> in Need <strong>and</strong> their<br />
Families (Department of Health 2000) which will be supplemented<br />
in 2006/07 by the Common Assessment Framework (CAF).<br />
3.2 CAF is a national st<strong>and</strong>ard approach <strong>to</strong> conducting an overview<br />
assessment of the needs of a young child or young person <strong>and</strong><br />
deciding how they should be met. It has been developed for use<br />
by practitioners in all agencies <strong>to</strong> enable them <strong>to</strong>:<br />
Develop a common language<br />
Develop a common underst<strong>and</strong>ing of thresholds of need <strong>and</strong><br />
interventions<br />
Share information appropriately <strong>and</strong> effectively<br />
Identify who (agency/organisation/professional <strong>and</strong> family<br />
member) is best placed <strong>to</strong> respond <strong>to</strong> any identified additional<br />
need<br />
Improve the quality of referrals between agencies<br />
Prevent duplication for children/families <strong>and</strong> professionals where<br />
further assessment is required<br />
3.3 Where a child or young person has additional needs; a lead<br />
professional /worker will be identified who will:<br />
Provide a key point of contact for the child, family <strong>and</strong> those<br />
working <strong>to</strong> support them<br />
Ensure a coordinated response <strong>to</strong> meet identified needs<br />
Plan, moni<strong>to</strong>r <strong>and</strong> review the support <strong>and</strong> services offered<br />
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3.4 If at any time, during the CAF process, concerns arise that a<br />
child/young person is at risk of significant harm, a referral will need<br />
<strong>to</strong> be made <strong>to</strong> <strong>Children</strong>’s Social Care (previously referred <strong>to</strong> as<br />
<strong>Children</strong>’s Social Services).<br />
4 Management<br />
4.1 The Child Protection Policy of NPS-Humberside will be the<br />
responsibility of the Senior Manager responsible for Risk (SMR).<br />
4.2 The Local <strong>Safe</strong>guarding <strong>Children</strong> Board (LSCB) has replaced the<br />
Area Child Protection Committee. NPS(Humberside) is represented<br />
on the LSCB by the (SMR).<br />
4.3 SMRs are responsible for preparing <strong>and</strong> responding <strong>to</strong> Serious Case<br />
Reviews prepared for LSCBs.<br />
5 Recognition of Harm or the Risk of Harm<br />
5.1 Guidance on the recognition of harm is given in Section 5 – Signs<br />
<strong>and</strong> Symp<strong>to</strong>ms of Significant Harm. Officers should be mindful of<br />
these in all cases.<br />
5.2 The relevant Child Care Team, NSPCC <strong>and</strong> the Police, who have an<br />
agreed joint investigation <strong>procedure</strong>, are the investigating<br />
agencies. Any child protection concern brought <strong>to</strong> the attention of<br />
one of the investigating agencies will be regarded as a referral <strong>and</strong><br />
subject <strong>to</strong> assessment <strong>and</strong> a Section 47 investigation if<br />
appropriate.<br />
6 NPS - Humberside Procedures for Child Protection Referrals<br />
6.1 Any child protection concerns which arise out of our work with<br />
offenders must be immediately discussed with a manager. This<br />
should be a Senior Probation Officer within the member of staff's<br />
office location (normally your line-manager). In the absence of an<br />
SPO (or the inability <strong>to</strong> contact them by telephone), the duty<br />
Assistant Chief Officer should be contacted, either at Head Office or<br />
by mobile telephone.<br />
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6.2 Confirmation of the need <strong>to</strong> refer <strong>to</strong> <strong>Children</strong>’s Social Care will be<br />
part of this discussion. If there is disagreement about the need <strong>to</strong><br />
refer, the decision of the manager will be acted upon. It is<br />
important that we consider (a) whether we hold information that<br />
<strong>Children</strong>’s Social Care need <strong>to</strong> be aware of, <strong>and</strong>/or (b) whether this<br />
includes a tangible concern about the well-being of children.<br />
Within the need for proper referral <strong>to</strong> <strong>Children</strong>’s Social Care, we<br />
need <strong>to</strong> avoid off-loading our anxieties in a way that <strong>Children</strong>’s<br />
Social Care cannot act upon.<br />
6.3 A note of this discussion <strong>and</strong> decision will be entered on CRAMS<br />
during the same working day.<br />
6.4 All referrals <strong>to</strong> <strong>Children</strong>’s Social Care should be made by telephone.<br />
This allows for a discussion about concerns <strong>and</strong> agreed actions.<br />
<strong>Children</strong>’s Social Care might, at this stage, confirm their intention<br />
<strong>to</strong> take no further action. Managers within each office need <strong>to</strong><br />
ensure that up-<strong>to</strong>-date contact details relating <strong>to</strong> local <strong>Children</strong>’s<br />
Social Care offices are available. This should include telephone<br />
number, fax number <strong>and</strong> address. If possible, this should also<br />
include a nominated contact person within <strong>Children</strong>’s Social Care.<br />
6.5 All referrals <strong>to</strong> <strong>Children</strong>’s Social Care should be followed-up <strong>and</strong><br />
confirmed by fax during the same working day. The fax should be<br />
sent for the attention of the person involved in the earlier<br />
telephone discussion (or named other if agreed during the<br />
discussion). It should include:<br />
i) Name, date of birth <strong>and</strong> address of the offender;<br />
ii) Name, date of birth <strong>and</strong> address of the primary carer of the<br />
children (if different from above);<br />
iii) Name(s), date(s) of birth <strong>and</strong> address of the children at risk;<br />
iv) Relationship of the children <strong>to</strong> the offender;<br />
v) Details of the child protection concern, including specific details<br />
of any known risk <strong>to</strong> the children posed by the offender or<br />
identified other;<br />
vi) Details of any actions agreed during earlier telephone contact;<br />
vii) Names <strong>and</strong> contact details of probation staff involved in the case<br />
(usually the Offender Manager <strong>and</strong> SPO).<br />
6.6 The faxed information should also be sent <strong>to</strong> the relevant <strong>Children</strong>’s<br />
Social Care office by first class post within two working days of the<br />
initial telephone referral.<br />
6.7 The sending of the fax <strong>and</strong> subsequent posting must be entered on<br />
CRAMS.<br />
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7 Immediate Action for All Staff & Unit Managers<br />
7.1 The immediate <strong>and</strong> urgent priority is <strong>to</strong> secure the safety of the<br />
child. Unless it is considered absolutely vital for the safety of the<br />
child, staff are strongly advised <strong>to</strong> consult with <strong>and</strong> seek the<br />
assistance from the Police, social worker or a colleague before<br />
acting <strong>to</strong> ensure the safety of a child, Police assistance may be<br />
immediately necessary if a child has been left alone.<br />
7.2 If a child is seen <strong>to</strong> be in need of urgent medical attention,<br />
arrangements should be made <strong>to</strong> ensure the child is taken <strong>to</strong> the<br />
hospital Accident <strong>and</strong> Emergency Department immediately with the<br />
parents’ or guardian’s consent. Hospital staff must be advised of<br />
the suspicion of harm. The <strong>Children</strong>’s Social Care must be<br />
informed by telephone <strong>and</strong> in writing within two working days.<br />
7.3 If the parent’s or guardian’s consent for medical attention is not<br />
obtained, the <strong>Children</strong>’s Social Care or the Police must be<br />
contacted.<br />
7.4 Staff will provide any appropriate information <strong>to</strong> the S.47<br />
investigation process.<br />
8 Registration of Offenders who present a Risk of Harm <strong>to</strong><br />
<strong>Children</strong><br />
8.1 A Schedule 1 Offender is the label given <strong>to</strong> anyone convicted of an<br />
offence against a child listed in Schedule 1 of the <strong>Children</strong> <strong>and</strong><br />
<strong>Young</strong> Persons Act 1933. However, it is a term which defines<br />
people by their offending his<strong>to</strong>ry rather than the ongoing risks they<br />
pose.<br />
Therefore the National Probation Service will no longer use this<br />
term <strong>and</strong> in its place will assess such offenders in respect of the<br />
risk of harm they present <strong>to</strong> children <strong>and</strong> register them on the ‘Risk<br />
<strong>to</strong> <strong>Children</strong>’ register.<br />
8.2 The purpose of registration is:<br />
• To ensure that all offenders receive an assessment in respect of<br />
their risk <strong>to</strong> children in order for the case <strong>to</strong> be managed within<br />
National St<strong>and</strong>ards <strong>and</strong> <strong>to</strong> ensure that the public are protected.<br />
• To ensure LSCB <strong>procedure</strong>s governing inter-agency work are<br />
followed;<br />
• To ensure information is collected <strong>and</strong> s<strong>to</strong>red about individuals<br />
who have offended against children. This information may<br />
assist other agencies <strong>to</strong> protect children.<br />
•<br />
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8.3 What are the benefits of Registration?<br />
• The change in registration will enable Offender Managers <strong>to</strong><br />
assess <strong>and</strong> manage appropriately all offenders who actually<br />
pose a risk <strong>to</strong> children as it will include both static <strong>and</strong> dynamic<br />
risk fac<strong>to</strong>rs.<br />
• The use of Schedule 1 by itself, which indicated a conviction for<br />
an offence against children, <strong>and</strong> is therefore a static risk fac<strong>to</strong>r,<br />
is not a sufficient nor reliable indica<strong>to</strong>r of the risk of harm an<br />
offender currently poses <strong>to</strong> children.<br />
8.4 All statu<strong>to</strong>ry offenders must au<strong>to</strong>matically be assessed for<br />
registration. This includes offenders being supervised on behalf of<br />
another area. It is good practice <strong>to</strong> inform the offender that he has<br />
been registered.<br />
8.5 A central register of relevant offenders who have been registered<br />
as “Risk <strong>to</strong> <strong>Children</strong>” will be maintained at Head Office.<br />
8.6 When writing st<strong>and</strong>ard delivery reports (SDR), Offender Managers<br />
must screen previous convictions <strong>to</strong> identify any offences<br />
committed against children. If the offender is not already<br />
registered as presenting a Risk <strong>to</strong> <strong>Children</strong> the Offender Manager<br />
(at the SDR stage) will assess the offender for the purposes of<br />
registration. The outcome of that assessment will be discussed with<br />
the Offender Manager’s line manager <strong>and</strong> the decision <strong>to</strong> register <strong>to</strong><br />
be entered on Crams.<br />
The supervising Offender Manager is<br />
a) Responsible for ensuring that all identified offenders have been<br />
assessed for registration when a new case is opened e.g.<br />
allocation post sentence.<br />
b) Informing <strong>Children</strong>’s Social Care of all offenders who are<br />
assessed as presenting a risk of harm <strong>to</strong> children.<br />
8.7 When a case is ’transferred in‘ from another area it will be the<br />
responsibility of the transferring probation area <strong>to</strong> record in<br />
OASys the risks an offender presents <strong>to</strong> children <strong>and</strong> clearly record<br />
in the document’s Risk Management Plan, under the section ‘Added<br />
measures for specific risks’, if the offender is on their Risk <strong>to</strong><br />
<strong>Children</strong> register. If this has not been undertaken <strong>and</strong> registration<br />
is considered appropriate the matter is <strong>to</strong> be resolved at ACO level<br />
across the two Probation Areas.<br />
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8.8 Where information is received by an Offender Manager that an<br />
offender is having a sexual relationship with a child under the age<br />
of 16, consideration must be given <strong>to</strong> making a referral <strong>to</strong> the<br />
<strong>Children</strong>’s Social Care. In making your assessment due regard<br />
must be given <strong>to</strong> the differential ages of the parties <strong>and</strong> the nature<br />
<strong>and</strong> context of that relationship. If the offender is in a sexual<br />
relationship with a child under the age of 15 the matter must be<br />
referred both <strong>to</strong> the Police <strong>and</strong> the <strong>Children</strong>’s Social Care. (for<br />
further guidance refer <strong>to</strong> Pro<strong>to</strong>col 1 in Section 5 “Allegations<br />
of harm arising from under-age sexual activity”.<br />
8.9 It must be remembered that the process of assessing offenders as<br />
<strong>to</strong> their suitability <strong>to</strong> be registered as presenting a Risk <strong>to</strong> <strong>Children</strong><br />
is a reflection of ‘risk’ not being static, in other words it can<br />
increase or decrease <strong>and</strong> is dependent on such fac<strong>to</strong>rs as an<br />
offenders age at the time an offence was committed, <strong>and</strong> their<br />
personal circumstances at the time the offence was committed. For<br />
example a male offender, currently aged 38 years is about <strong>to</strong> be<br />
sentenced for the offence of Assault Occasioning Actual Bodily<br />
Harm. His victim is a 40 year old male he had a fight with in a<br />
public house. The offender presents as being in a stable marital<br />
relationship for the past 10 years <strong>and</strong> has two daughters aged 6<br />
<strong>and</strong> 4 years. He is being assessed for the purposes of his SDR. He<br />
has only one previous conviction which is the offence of Unlawful<br />
Sexual Intercourse. This offence was committed when he was aged<br />
17 years <strong>and</strong> his victim was a 14 year old girl.<br />
The offender therefore previously would be considered <strong>to</strong> be a<br />
‘Schedule 1 Offender’ . His current assessment would have <strong>to</strong><br />
consider if he did present a risk <strong>to</strong> children in light of all the<br />
information available <strong>to</strong> the assessor at the present time <strong>and</strong> not<br />
just because he had previously committed an offence against a<br />
child.<br />
8.10 There will be cases where an offender does not have a conviction<br />
for an offence against a child but registration as a risk <strong>to</strong> children is<br />
still required. Such examples are a finding of fact in a civil court or<br />
perhaps more commonly those offenders who have committed a<br />
domestic violence offence <strong>and</strong>/or are required <strong>to</strong> undertake the<br />
Integrated Domestic Abuse Programme, (IDAP).<br />
8.11 ‘Risk <strong>to</strong> <strong>Children</strong>’ status must always be clearly indicated in any<br />
referral <strong>to</strong> another unit, such as a hostel.<br />
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9 Multi-Disciplinary Case Management<br />
Child Protection Conferences<br />
9.1 Arrangements for the protection of children from abuse, <strong>and</strong> in<br />
particular child protection conferences, can only be successful if the<br />
professional staff concerned do all they can <strong>to</strong> work in partnership<br />
<strong>and</strong> share <strong>and</strong> exchange relevant information, in particular with the<br />
<strong>Children</strong>’s Social Care or the Police.<br />
9.2 The supervising officer should be familiar with <strong>and</strong> follow section<br />
3.3 (9), “Child Protection Conferences” of these practice<br />
guidelines.<br />
9.3 If an Offender Manager assumes responsibility for a case, <strong>and</strong><br />
where a child is known <strong>to</strong> be on the Child Protection Register<br />
connected with that case, s/he must notify the <strong>Children</strong>’s Social<br />
Care in writing of their statu<strong>to</strong>ry role with that offender.<br />
9.4 The Offender Manager must liaise regularly with the keyworker for<br />
that child. Any significant information or changes in circumstances<br />
must be notified in writing. All contact with the keyworker must be<br />
recorded on Crams <strong>and</strong> any correspondence <strong>to</strong> be held on the case<br />
file.<br />
9.5 Child protection conferences are essential <strong>to</strong> the inter-agency<br />
multi-disciplinary management of child protection <strong>and</strong> provide a<br />
forum for the exchange of information between professional staff<br />
involved.<br />
Offender Managers must attend the initial Child Protection<br />
Conference <strong>and</strong> Review Conferences for cases in which there is<br />
statu<strong>to</strong>ry Service involvement or where there has been<br />
involvement during the preceding 6 months. If the relevant officer<br />
cannot attend, a deputy should attend who is informed about the<br />
key aspects of the case. Attendance at Child Protection<br />
Conferences beyond 6 months after case expiry is at the discretion<br />
of the line manager. Decision <strong>to</strong> be recorded in case file.<br />
9.6 However, an Offender Manager must never undertake the<br />
role of keyworker.<br />
9.7 A written report (using form 1 for initial or form 6 for review<br />
conference) should be provided in advance in all cases in line with<br />
LSCB guidelines (see Appendices 5 <strong>and</strong> 6 of Section 3.3 “The<br />
processes for safeguarding <strong>and</strong> promoting the welfare of<br />
children”). See also Appendix 1 of these Probation<br />
<strong>procedure</strong>s. It is good practice for the report <strong>to</strong> be discussed with<br />
the offender before the child protection conference wherever<br />
possible.<br />
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9.8 Only confirmed offender managers may attend a child protection<br />
conference on their own. In all other cases (e.g., trainee probation<br />
officers), staff must be accompanied by a confirmed Offender<br />
Manager. In complex cases, it may be appropriate for the senior<br />
probation officer <strong>to</strong> accompany the Offender Manager.<br />
9.9 Information given <strong>to</strong> a child protection conference by Probation<br />
staff should be evidence-based, verified <strong>and</strong> not reliant exclusively<br />
on offender self-report. Detailed information should be given<br />
on compliance levels, including the frequency of <strong>and</strong> reasons for<br />
missed appointments. Any information about known risk fac<strong>to</strong>rs<br />
such as substance use/misuse domestic violence <strong>and</strong> mental illness<br />
should be shared openly <strong>and</strong> not minimised.<br />
9.10 Comments about risk should be clear as <strong>to</strong>:<br />
• What dimensions of risk are being described?<br />
• Who is at risk?<br />
• What is the nature of the risk<br />
• When is that risk heightened?<br />
• How is it possible <strong>to</strong> reduce the risk?<br />
9.11 In line with the LSCB Guidelines <strong>and</strong> Procedures, it will on<br />
occasions be appropriate for a probation officer <strong>to</strong> be an identified<br />
member of a core group.<br />
9.12 Child protection conference minutes should be checked on receipt<br />
by the supervising officer <strong>and</strong> any inaccuracies immediately notified<br />
in writing <strong>to</strong> the chair of the child protection conference.<br />
9.13 The designated SMR will moni<strong>to</strong>r through the local LSCB, the<br />
attendance rate, number of reports <strong>to</strong> conferences <strong>and</strong> nonattendance<br />
by probation staff <strong>to</strong> child protection conferences.<br />
Multi-Agency Public Protection Arrangements (MAPPA)<br />
9.14 Offender Managers <strong>and</strong> their Line Managers, supervising offenders<br />
who are assessed as posing a risk <strong>to</strong> children, are advised <strong>to</strong> read<br />
the MAPPA guidance in Pro<strong>to</strong>col 16 in Section 5 “Managing<br />
Individuals Who Pose A Risk Of Harm To <strong>Children</strong>” of this<br />
manual <strong>to</strong> familiarise themselves with the criteria <strong>to</strong> notify or refer<br />
an offender’s case for either Level 1, 2 or 3 MAPPA management.<br />
9.15 Where the offender is in cus<strong>to</strong>dy serving a term of imprisonment<br />
the supervising Offender Manager will make a referral or<br />
notification <strong>to</strong> their local PSO MAPPA coordina<strong>to</strong>r 6 months prior <strong>to</strong><br />
the offender’s release date.<br />
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9.16 If a relevant MAPPA offender receives a sentence of community<br />
supervision from the courts his/her Offender Manager must<br />
consider notifying or referring the case <strong>to</strong> MAPPA as soon as<br />
possible after the date of sentence within 5 working days after that<br />
date.<br />
9.17 Notifications <strong>and</strong> referrals <strong>to</strong> MAPPA must be made by a confirmed<br />
Offender Manager with the approval of his/her line manager. If a<br />
referral is made for either Level 2 or 3 management it is the<br />
responsibility of the Offender Manager <strong>to</strong> submit a copy of the R.10<br />
<strong>and</strong> R.11 sections from the offender’s current OASys with the<br />
MAPPA Referral <strong>and</strong> Core Information form.<br />
10 IDAP Offenders<br />
10.1 Where an offender is directed by the Courts or his Offender<br />
Manager <strong>to</strong> attend the IDAP programme then a referral must be<br />
made by the Offender Manager <strong>to</strong> MAPPA for Level 2 management.<br />
In some cases circumstances may warrant a referral for Level 3<br />
management.<br />
10.2 The Offender Manager must also refer the case <strong>to</strong> <strong>Children</strong>’s Social<br />
Care if it is considered that named children are/ or potentially at<br />
risk from the offender.<br />
10.3 The Women’s <strong>Safe</strong>ty Worker (WSW), wherever possible <strong>and</strong><br />
appropriate, should attend MAPPA meetings in respect of an IDAP<br />
offender. Should the WSW have any child protection concerns in<br />
respect of any case then those concerns are <strong>to</strong> be notified <strong>to</strong> the<br />
supervising Offender Manager or his/her line manager. It will be in<br />
the interests of good practice for the WSW <strong>to</strong> attend Child<br />
Protection Conferences OR <strong>to</strong> notify the child’s Keyworker of their<br />
role. This will further assist <strong>to</strong> collaborate involvement <strong>to</strong> safeguard<br />
the interests of a child <strong>and</strong> also prevent duplication of service in<br />
such cases.<br />
11 Home Visits<br />
11.1 Home visits can <strong>and</strong> should be used as a useful <strong>to</strong>ol in helping <strong>to</strong><br />
inform assessments of risk <strong>to</strong> children who may live with an<br />
offender. Home visits will be made by the Offender Manager<br />
within the first 16 weeks of supervision in all very high <strong>and</strong><br />
high risk of harm cases where children reside at the same<br />
address as an offender. This should entail actual entry <strong>to</strong><br />
the property <strong>and</strong> access <strong>to</strong> the children where appropriate.<br />
The visit should be explained <strong>to</strong> the offender as required <strong>to</strong><br />
fulfil the Service’s obligation under the <strong>Children</strong> Act “<strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of all children”. The<br />
Offender Manager will use the “parenting capacity” <strong>and</strong><br />
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“environmental fac<strong>to</strong>rs” dimensions of the Assessment<br />
Framework (see Appendix 2 of these Probation <strong>procedure</strong>s)<br />
<strong>to</strong> inform their observations <strong>and</strong> recording of the visit. The<br />
timing of home visits in the supervision period should reflect<br />
any potential risk fac<strong>to</strong>rs identified at the point at which the<br />
Initial Risk Management Plan was formulated.<br />
11.2 During the course of home visits Probation staff may meet children<br />
of the family. There is no requirement that the children be seen,<br />
although if a child is not present when normally expected, enquiries<br />
should be made of their whereabouts. Conversely, if a child of<br />
school age is present when they might normally be expected <strong>to</strong> be<br />
at school, the matter should be raised with the relevant<br />
parent/carer.<br />
11.3 Probation staff have a responsibility <strong>to</strong> be aware of vulnerable<br />
children. It is therefore expected that, where children are seen<br />
incidentally during the course of work with adult offenders, all staff<br />
must be alert <strong>to</strong>:<br />
i) indications in appearance (e.g. injuries), neglect or behaviour,<br />
indicative of child abuse;<br />
ii) behaviour or lifestyle in adult parents <strong>and</strong> carers which may<br />
have an adverse effect on the care <strong>and</strong> welfare of children, e.g.<br />
domestic violence, chaotic substance misuse, mental illness, etc.<br />
11.4 If, during contact with the home, any concerns about the safety of<br />
a child/children are raised, these practice requirements must be<br />
activated <strong>and</strong> followed. (See Section 6 above).<br />
Visits <strong>to</strong> families with children on the Child Protection<br />
Register<br />
11.5 All decisions of who visits the home when <strong>and</strong> why should be<br />
discussed <strong>and</strong> agreed at the initial child protection conference <strong>and</strong><br />
reviewed in the child protection review <strong>and</strong>/or core group<br />
meetings. Probation staff should not be expected <strong>to</strong> undertake<br />
regular contact with children in this context.<br />
11.6 It should be clear in these agreements, <strong>and</strong> recorded on file, who<br />
should see the child/children <strong>and</strong> the purpose of this contact. There<br />
should be a specified follow-up <strong>procedure</strong> if planned contact with<br />
the child does not take place.<br />
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11.7 Probation staff should only ask <strong>to</strong> assess/inspect the family home<br />
if:<br />
i) this has been agreed as appropriate <strong>and</strong> necessary at the child<br />
protection conference / core group, or<br />
ii) there is an immediate <strong>and</strong> urgent suspicion that a child is in<br />
danger.<br />
11.8 Unannounced home visits should be made at least once every six<br />
months for all child protection cases <strong>to</strong> ascertain where possible<br />
that there are no children living at the offender’s residence outside<br />
of any agreements with <strong>Children</strong>’s Social Care. Visits should be<br />
made with due regard <strong>to</strong> staff safety.<br />
Visits <strong>to</strong> offenders who pose a risk <strong>to</strong> children <strong>and</strong> who<br />
should not be in contact with them<br />
11.9 The Offender Manager or visiting staff member should be alert <strong>to</strong><br />
indications that children may be visiting the home, e.g. presence of<br />
<strong>to</strong>ys, children's videos, etc.<br />
11.10 The Offender Manager should consider making home visits without<br />
prior notification at varying times <strong>to</strong> assess the offender's<br />
whereabouts at times children may be around, e.g. school starting<br />
<strong>and</strong> finishing times, school holidays, etc.<br />
11.11 The Offender Manager should consider whether the location of the<br />
accommodation is appropriate <strong>to</strong> reducing the risk the offender<br />
poses, e.g. near school or playground, overlooking gardens where<br />
children play, etc.<br />
11.12 If the offender is assessed as posing a Very High/High Risk of harm<br />
<strong>to</strong> children, decisions on who visits the home, when <strong>and</strong> why,<br />
should be discussed <strong>and</strong> agreed at a MAPPP meeting. There should<br />
be a specified follow up plan if access <strong>to</strong> the home is denied.<br />
11.13 If the offender is a registered sex offender, contact should always<br />
be made with the local Police using the agreed pro<strong>to</strong>col, <strong>to</strong> share<br />
information appropriate <strong>to</strong> risk assessment <strong>and</strong> management.<br />
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12 Death or Serious Abuse of a Child - Serious Case Review<br />
12.1 If the Unit Manager receives information that:<br />
i) a child has died;<br />
ii) a child has suffered serious injury in suspicious circumstances;<br />
iii) a person is charged with offences arising out of the death or<br />
serious injury of a child,<br />
<strong>and</strong><br />
there is a Probation Service connection with the victim or<br />
suspected/alleged abuser or their immediate family, the following<br />
Information is required:<br />
i) circumstances of the death or offence;<br />
ii) name(s) <strong>and</strong> address(es) of the family members concerned;<br />
iii) age <strong>and</strong> date of birth of the child;<br />
iv) nature of existing Probation Service responsibilities.<br />
12.2 The Unit Manager must inform the Senior Manager responsible for<br />
risk (SMR) of any case covered by the above paragraph. The local<br />
LSCB will consider if an enquiry under Chapter 6 of the “<strong>Working</strong> <strong>to</strong><br />
<strong>Safe</strong>guard <strong>and</strong> Promote the Welfare of <strong>Children</strong>” guidelines should<br />
be initiated.<br />
12.3 The Unit Manager will ensure that the case file is immediately<br />
retained in a secure place, <strong>and</strong> that no retrospective additions or<br />
amendments <strong>to</strong> the file are made once the incident is known. The<br />
file should contain all relevant case papers including those located<br />
elsewhere in the office administrative system. The Unit Manager<br />
will arrange the pho<strong>to</strong>copying of the necessary documents <strong>and</strong> the<br />
originals will then be sealed for the attention of the SMR. A<br />
working file will need <strong>to</strong> be retained for on-going work with the<br />
case, where relevant.<br />
12.4 In some instances a Coroner’s Officer/Police Officer may need <strong>to</strong><br />
secure or seize evidence. In that event the SMR will be responsible<br />
for negotiation with the Police/Coroner’s Court <strong>and</strong> managing<br />
subsequent liaison. If a Probation staff member is required <strong>to</strong><br />
attend <strong>to</strong> give evidence <strong>to</strong> Court the Unit Manager should also<br />
attend.<br />
12.5 Case files in such cases should be retained indefinitely.<br />
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12.6 Where a Serious Case Review (SCR) is initiated, action will be<br />
taken by the SMR with functional responsibility for <strong>Safe</strong>guarding<br />
<strong>Children</strong> in line with local LSCB guidelines. Staff who may have<br />
been involved in cases subject <strong>to</strong> SCRs have the right <strong>to</strong> be kept<br />
informed about the progress of inquiries <strong>and</strong> will be given access <strong>to</strong><br />
the final review report when it is published.<br />
12.7 When SCRs have been completed <strong>and</strong> their recommendations have<br />
been endorsed by the local LSCB, the SMR will give consideration<br />
as <strong>to</strong> how those recommendations can be incorporated in<strong>to</strong> NPS -<br />
Humberside Policy <strong>and</strong> Practice Requirements. Any consequential<br />
amendments will be presented <strong>to</strong> the Senior Leadership Team <strong>and</strong><br />
Probation Board as soon as practically possible.<br />
13 Records<br />
13.1 Well-kept records are essential <strong>to</strong> good child protection practice.<br />
Case records must be kept up-<strong>to</strong>-date. All contact with the<br />
offender, other relevant individuals (e.g., the child <strong>and</strong> their family)<br />
<strong>and</strong> other agencies must be recorded promptly <strong>and</strong> in full.<br />
Decisions about action <strong>to</strong> be taken must be clearly identified.<br />
13.2 Any case discussions <strong>and</strong> consultations with the line manager must<br />
be fully recorded on CRAMS.<br />
13.3 Any significant information or agreements must be confirmed in<br />
writing with a copy kept on the file.<br />
13.4 Through the supervision process, the SPO/Unit Manager is<br />
responsible for ensuring cases of relevant offenders are scrutinised<br />
<strong>to</strong> determine that the level of risk they present <strong>to</strong> children is<br />
confirmed. Please refer <strong>to</strong> Appendix 3 of these Probation<br />
<strong>procedure</strong>s for further guidance. In addition, the SPO/Unit<br />
Manager will decide if it is appropriate for a relevant offender <strong>to</strong><br />
remain registered as presenting a risk <strong>to</strong> children. Removal of a<br />
relevant offender from the Risk <strong>to</strong> <strong>Children</strong> Register is <strong>to</strong> be<br />
approved by the SMR.<br />
13.5 Records of relevant offenders should be retained for 25 years after<br />
the normal expiry date of the most recent statu<strong>to</strong>ry order.<br />
13.6 SDRs for cases in which an offender is convicted of a Schedule 1<br />
offence but does not become an offender of the Service should also<br />
be retained for 25 years.<br />
14 Confidentiality<br />
14.1 Public protection overrides the right <strong>to</strong> confidentiality.<br />
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14.2 Appropriate information will be shared with child protection<br />
agencies subject <strong>to</strong> any constraints related <strong>to</strong> the Human Rights<br />
Act. It is good practice that the offender should be made aware<br />
what information has been passed on <strong>to</strong> which agency.<br />
15 Case Management<br />
Probation Field Teams<br />
15.1 In general, supervision of identified child protection cases should<br />
be undertaken by confirmed Offender Managers. Unconfirmed<br />
officers <strong>and</strong> trainee probation officers must co-work child protection<br />
cases with confirmed officers.<br />
15.2 An assessment of risk posed should be undertaken <strong>and</strong> risk fac<strong>to</strong>rs<br />
recorded in all cases. This is a continuous process <strong>and</strong> cases where<br />
the risk fac<strong>to</strong>rs are high should, wherever possible, be co-worked,<br />
through joint interviews or consultation, as appropriate.<br />
15.3 Probation staff should only attend Court in line with specific<br />
professional duties. It is important that probation staff are seen <strong>to</strong><br />
be working <strong>to</strong> assist the Court, not on behalf of one of the parties<br />
involved in a criminal or civil matter.<br />
15.4 Probation staff asked <strong>to</strong> appear in Court in any other capacity (e.g.,<br />
as a character witness for a parent involved in civil proceedings)<br />
may only do so in response <strong>to</strong> a subpoena from the Court or a<br />
direction by a Judge or Magistrate. Probation staff must not submit<br />
affidavits.<br />
15.5 Similarly information from records other than that provided in a<br />
report <strong>to</strong> the Court or through normal Court processes may only be<br />
disclosed in response <strong>to</strong> a subpoena or a direction from the Court.<br />
16 Procedures relating <strong>to</strong> Seconded Prison Probation Staff<br />
16.1 It is essential that staff seconded <strong>to</strong> work in prison maintain a full<br />
underst<strong>and</strong>ing of Child Protection/<strong>Safe</strong>guarding issues, in order<br />
that they can take appropriate action should they encounter<br />
situations with prisoners which cause concern for the welfare of<br />
children.<br />
16.2 The seconded SPO must ensure that all members of the seconded<br />
Probation team are familiar with <strong>and</strong> comply with Child Protection<br />
<strong>procedure</strong>s which are in place within the prison. Such <strong>procedure</strong>s<br />
are developed in order <strong>to</strong> protect children form prisoners who are<br />
identified as posing a risk <strong>to</strong> children, <strong>and</strong> include restrictions on<br />
visits, communications <strong>and</strong> access <strong>to</strong> pho<strong>to</strong>graphs, by prisoners.<br />
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16.3 It is a responsibility of the prison <strong>to</strong> have <strong>procedure</strong>s in place <strong>to</strong><br />
inform Local <strong>Children</strong>’s Social Care <strong>and</strong> Probation in the locality <strong>to</strong><br />
which a prisoner is <strong>to</strong> be released, of the reception in<strong>to</strong> prison <strong>and</strong><br />
transfer or release from prison, of any offenders who are assessed<br />
as posing a risk <strong>to</strong> children. [Probation Circular 32/2005 <strong>and</strong><br />
Instruction <strong>to</strong> Governors 54/94, as amended by Prison Service<br />
Instruction 22/2005 are instructive on this]. It is a responsibility of<br />
the seconded staff <strong>to</strong> assist with the identification <strong>and</strong> risk<br />
assessment of prisoners who may pose a risk <strong>to</strong> children.<br />
16.4 Probation staff in prisons may gather information during their<br />
duties, interviewing prisoners, which cause concern for child(ren)<br />
safety <strong>and</strong> they should immediately make referral <strong>to</strong> the<br />
department in the prison which has responsibility for child<br />
protection/child safeguarding <strong>procedure</strong>s. It may be that the<br />
Probation team at the prison are part of that department, but it is<br />
important that the prison <strong>procedure</strong>s are followed, so that lines of<br />
accountability are maintained.<br />
16.5 The <strong>procedure</strong>s established in each prison will ensure that a<br />
prisoner is kept informed, as appropriate, of all decisions made <strong>and</strong><br />
actions taken regarding child protection matters, including the<br />
decisions of any child protection conferences held, <strong>and</strong> that there is<br />
ongoing liaison with the relevant Local Authority <strong>Children</strong>’s Social<br />
Cares.<br />
16.6 On occasions, seconded Probation staff may be asked <strong>to</strong> attend<br />
child protection conferences <strong>and</strong> the SPO, in conjunction with the<br />
member of staff, will make a decision in each case as <strong>to</strong> the<br />
appropriateness of such attendance.<br />
17 Management of relevant offenders who have been assessed<br />
as posing a “Risk <strong>to</strong> <strong>Children</strong>” <strong>and</strong> are resident in an<br />
Approved Premises<br />
17.1 If a member of staff working in an approved premise becomes<br />
aware or suspects that child abuse or neglect has occurred, or that<br />
a child is at risk of abuse, Section 6 on <strong>procedure</strong>s for all staff<br />
should be followed. In the event of the resident being subject <strong>to</strong><br />
statu<strong>to</strong>ry supervision by the Probation Service then the Offender<br />
Manager <strong>and</strong> Approved Premises manager should be informed. The<br />
Offender Manager has the responsibility <strong>to</strong> follow NPS -<br />
Humberside <strong>and</strong> local LSCB guidelines. If the resident is a bailee<br />
<strong>and</strong> not subject <strong>to</strong> any statu<strong>to</strong>ry supervision the Approved<br />
Premises manager should be informed <strong>and</strong> NPS - Humberside <strong>and</strong><br />
local LSCB guidelines followed. This applies <strong>to</strong> abuse of, or by,<br />
Approved Premises residents.<br />
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17.2 Procedures need <strong>to</strong> be followed in relation <strong>to</strong> the referral, arrival<br />
<strong>and</strong> departure of hostel residents <strong>and</strong> are as follows: -<br />
Referral<br />
17.3 In addition <strong>to</strong> information required for all residents, for those<br />
offenders where there is evidence of current or previous offending<br />
against children, staff need <strong>to</strong> obtain these details, where possible<br />
obtaining name, age <strong>and</strong> addresses of victims. Where an offender<br />
in this category is concerned acceptance should normally be<br />
subject <strong>to</strong> completion of a full risk of harm assessment by the<br />
referring officer. Where this has not been possible for any reason<br />
the Approved Premises manager should arrange for the assessment<br />
<strong>to</strong> be completed as soon as possible after arrival.<br />
17.4 Hostel staff should clarify any issues in relation <strong>to</strong> current access <strong>to</strong><br />
children for those who are assessed as posing a risk <strong>to</strong> children.<br />
Arrival (Convicted)<br />
17.5 As part of the admission <strong>procedure</strong> of cases in this category,<br />
notification of the offender's arrival should be sent by the Offender<br />
Manager <strong>to</strong>:<br />
a) <strong>Children</strong>’s Social Care in the Approved Premises area;<br />
b) <strong>Children</strong>’s Social Care in the victim or potential victim's home<br />
area;<br />
c) the local Police Risk Management Office.<br />
Bailees<br />
17.6 Approved Premises staff are responsible for informing the<br />
<strong>Children</strong>’s Social Care in the hostel's area of the bailees arrival <strong>and</strong><br />
details of the alleged offence <strong>and</strong>, where relevant, the <strong>Children</strong>’s<br />
Social Care in the victim's home area.<br />
Non-arrival<br />
17.7 In respect of all offenders assessed as posing a risk <strong>to</strong> children, any<br />
failure <strong>to</strong> arrive at the appointed time or return <strong>to</strong> the hostel by the<br />
statu<strong>to</strong>ry curfew time will be reported <strong>to</strong> the Police as quickly as<br />
possible. In addition, the hostel duty manager, the case manager<br />
<strong>and</strong> the <strong>Children</strong>’s Social Care in the victim’s home area <strong>and</strong>/or the<br />
defendant's home area should be notified at the earliest practicable<br />
opportunity.<br />
Unplanned departures<br />
17.8 The <strong>procedure</strong>s outlined under the section Non-arrival should be<br />
followed, with the emphasis on timely <strong>and</strong> effective enforcement<br />
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<strong>and</strong> breach action.<br />
Planned Departures<br />
17.9 If the resident continues <strong>to</strong> be subject <strong>to</strong> statu<strong>to</strong>ry supervision by<br />
the Probation Service transfer of the case must take place in<br />
accordance with local <strong>procedure</strong>s. It will be for the Offender<br />
Manager <strong>to</strong> ensure that the address <strong>to</strong> which the resident will be<br />
going is suitable <strong>and</strong> that the local <strong>Children</strong>’s Services from the<br />
Approved Premise area <strong>and</strong> the new area are informed.<br />
17.10 If the resident will not be subject <strong>to</strong> statu<strong>to</strong>ry supervision by the<br />
Probation Service, Approved Premise staff must take all practicable<br />
steps <strong>to</strong> ascertain the likely destination of the resident <strong>and</strong> then<br />
notify relevant authorities in the local area.<br />
18 Procedures <strong>to</strong> be followed when Incidents of Child Abuse or<br />
Neglect come <strong>to</strong> the Attention of Unpaid Work/Community<br />
Punishment Staff<br />
18.1 Because of the broad spectrum of offenders who are made subject<br />
<strong>to</strong> Community Punishment/Unpaid Work (CP/UW), there will<br />
inevitably be occasions when a CP/UW unit has either the<br />
responsibility for supervising an offender assessed as posing a ‘risk<br />
<strong>to</strong> children’ or becomes aware of child protection issues from<br />
comments or reports from staff or offenders. All staff should be<br />
alert <strong>to</strong> the behaviour <strong>and</strong> comments of service users in all<br />
settings.<br />
18.2 If the offender is subject <strong>to</strong> UW <strong>and</strong> a supervision requirement <strong>and</strong><br />
a member of staff working in CP becomes aware or suspects that<br />
child abuse or neglect has occurred or that a child is at risk of<br />
abuse the Offender Manager must be informed immediately.<br />
18.3 When offender management responsibility for a case lies within the<br />
CP/UW division, <strong>procedure</strong>s in Sections 6 <strong>and</strong> 7 must be followed.<br />
Case Management in CP/UW Units<br />
Prior <strong>to</strong> placement<br />
18.4 When a CP order or Community order with a st<strong>and</strong>-alone UPW<br />
requirement is made following a St<strong>and</strong>ard Delivery Report <strong>and</strong> it is<br />
identified in OASys or during the completion of the Post-Sentence<br />
assessment interview (PSAI) that the offender is assessed as<br />
posing a “risk <strong>to</strong> children”, the SPO/Unit Manager must be informed<br />
immediately.<br />
18.5 In all cases where the offender is assessed as “posing a risk or<br />
potential risk <strong>to</strong> children”, the CS officer will discuss, prior <strong>to</strong><br />
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placement, both the level of risk identified <strong>and</strong> the proposed<br />
placement with the QAM Manager or, in their absence, the Unit<br />
Manager.<br />
18.6 In addition, because of the possibility of 16 & 17 year olds being on<br />
the same work party, the risk assessment must indicate whether or<br />
not the offender presents any risk <strong>to</strong> that age group.<br />
19 Procedures Relating <strong>to</strong> Accredited Programmes Team<br />
19.1 If a member of staff working in a Group Programme becomes<br />
aware or suspects that child abuse or neglect has occurred, or that<br />
a child is at risk of abuse, the Offender Manager must be informed<br />
immediately.<br />
19.2 If groups include those aged under 18, an appropriate assessment<br />
of risk <strong>to</strong> them <strong>and</strong> a plan for managing that risk should be agreed<br />
<strong>and</strong> recorded. Those aged under 18 should not be placed in groups<br />
with offenders who have been assessed as posing a “risk <strong>to</strong><br />
children” unless a full risk assessment has been completed <strong>and</strong><br />
shows no danger <strong>to</strong> the under 18 year-old.<br />
20 <strong>Children</strong> Attending Probation Premises<br />
20.1 It is considered inappropriate for all children <strong>to</strong> attend<br />
Probation premises, unless child care arrangements<br />
approved under the <strong>Children</strong> Act 1989 are in place.<br />
20.2 Unit Managers are responsible for ensuring that <strong>procedure</strong>s are in<br />
place <strong>to</strong> protect children from exposure <strong>to</strong> unnecessary risk. If<br />
groups or meetings include those aged under 18, an appropriate<br />
assessment of risk <strong>to</strong> them <strong>and</strong> a plan for managing that risk<br />
should be established <strong>and</strong> recorded by the Unit Manager.<br />
21 Training<br />
21.1 All new staff should receive an introduction <strong>to</strong> the LSCB Guidelines<br />
<strong>and</strong> Procedures <strong>and</strong> NPS - Humberside <strong>policy</strong> as a part of their<br />
induction within 6 months of appointment.<br />
21.2 The Annual Training Statement should contain specific provision for<br />
child protection training which covers (I) the role of the Probation<br />
Service in a multi-agency setting <strong>and</strong> (ii) the competencies which<br />
enable staff <strong>to</strong> operate effectively. There is an expectation that<br />
staff will update knowledge <strong>and</strong> skills periodically. It is the line<br />
manager’s responsibility <strong>to</strong> ensure that all staff undertakes<br />
available training <strong>to</strong> an appropriate level.<br />
21.3 All new managers should receive training <strong>to</strong> manage child<br />
protection work within 6 months of appointment.<br />
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21.4 It is the responsibility of the Training Section <strong>to</strong> ensure this is<br />
delivered.<br />
22 Implementation, Moni<strong>to</strong>ring <strong>and</strong> Review<br />
22.1 This <strong>policy</strong> will be implemented with effect from 01 Oc<strong>to</strong>ber 2006.<br />
Responsibility for moni<strong>to</strong>ring the <strong>policy</strong> lies with the Senior<br />
Manager for Risk.<br />
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National Probation Service – Humberside - Contacts<br />
Area MAPPA Co-ordina<strong>to</strong>r Tel: 01482 334835<br />
Mob: 07753 897601<br />
Administra<strong>to</strong>r <strong>to</strong> Area MAPPA Co-ordina<strong>to</strong>r Tel: 01482 334836<br />
Fax: 01482 334850<br />
c/o Crime Management Policy Unit<br />
Humberside Police Headquarters<br />
Priory Road<br />
Kings<strong>to</strong>n-upon-Hull<br />
HU5 5SF<br />
MAPPA Team Probation Officers<br />
Admin <strong>and</strong> Postal address as above Tel: 01482 334871<br />
Probation Officer - North Bank Mob: 07717 766466<br />
Probation Officer - South Bank Mob: 07717 766465<br />
Local MAPPA Co-ordina<strong>to</strong>rs<br />
Hull<br />
Level 2 Local MAPPA Co-ordina<strong>to</strong>r Tel: 01482 480048<br />
Level 3 Local MAPPA Co-ordina<strong>to</strong>r Tel: 01482 480047<br />
National Probation Service – Humberside Fax 01482 480003<br />
Liberty House<br />
Liberty Lane<br />
Kings<strong>to</strong>n – upon- Hull<br />
HU1RS<br />
East Riding of Yorkshire<br />
Local MAPPA Co-ordina<strong>to</strong>r Tel: 01482 398062<br />
National Probation Service – Humberside Fax 01482 398063<br />
21 Flemingate<br />
Beverley<br />
HU17 ONP<br />
North Lincolnshire<br />
Local MAPPA Co-ordina<strong>to</strong>r Tel: 01724 877070<br />
National Probation Service – Humberside Fax: 01724 877299<br />
1 Park Square<br />
Scunthorpe<br />
DN15 6JH<br />
North East Lincolnshire<br />
Local MAPPA Co-ordina<strong>to</strong>r Tel: 01472 243264<br />
National Probation Service – Humberside Fax 01472 355572<br />
Queen Street<br />
Grimsby<br />
DN31 1QG<br />
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cle Section 4 – individual agency <strong>procedure</strong>s<br />
Appendix 1<br />
SAFEGUARDING CHILDREN: Child Protection Conference Reports Format<br />
Suggested formats for written reports <strong>to</strong> child protection conferences (initial<br />
<strong>and</strong> review) – see Appendices 5 <strong>and</strong> 6 of Section 3 “Managing Individual<br />
Cases” in the inter-agency section of these HSCB <strong>procedure</strong>s.<br />
Information <strong>to</strong> be presented at a Case Conference:<br />
Offence <strong>and</strong> order details.<br />
Areas of work being undertaken in the order, with particular reference <strong>to</strong><br />
issues that may impinge upon risks <strong>to</strong> children.<br />
Contact his<strong>to</strong>ry (including missed appointments <strong>and</strong> stated reasons for<br />
absence) in previous 3 months or longer if significant.<br />
Assessment of progress of order <strong>to</strong> date.<br />
Any other information that may be considered relevant.<br />
NB- Avoid use of all acronyms.<br />
- Ensure that all statements regarding risk are precise in terms of<br />
the nature <strong>and</strong> level of risk with regard <strong>to</strong> the children involved.<br />
- Avoid normalisation of risky behaviour by adults (e.g. use of<br />
street drugs).<br />
- Avoid over optimistic interpretations of offender behaviour or<br />
intent.<br />
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DIMENSIONS OF CHILD’S DEVELOPMENTAL NEEDS<br />
Health<br />
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Appendix 2<br />
Includes growth <strong>and</strong> development as well as physical <strong>and</strong> mental well-being.<br />
The impact of genetic fac<strong>to</strong>rs <strong>and</strong> of any impairment should be considered.<br />
Involves receiving appropriate health care when ill, an adequate <strong>and</strong> nutritious<br />
diet, exercise, immunisations where appropriate <strong>and</strong> developmental checks,<br />
dental <strong>and</strong> optical care <strong>and</strong>, for older children, appropriate advice <strong>and</strong><br />
information on issues that have an impact on health, including sex education<br />
<strong>and</strong> substance misuse.<br />
Education<br />
Covers all areas of a child’s cognitive development which begins from birth.<br />
Includes opportunities: for play <strong>and</strong> interaction with other children; <strong>to</strong> have<br />
access <strong>to</strong> books; <strong>to</strong> acquire a range of skills <strong>and</strong> interests; <strong>to</strong> experience<br />
success <strong>and</strong> achievement. Involves an adult interested in educational<br />
activities, progress <strong>and</strong> achievements, who takes account of the child’s<br />
starting point <strong>and</strong> any special educational needs.<br />
Emotional <strong>and</strong> Behavioural Development<br />
Concerns the appropriateness of response demonstrated in feelings <strong>and</strong><br />
actions by a child, initially <strong>to</strong> parents <strong>and</strong> caregivers <strong>and</strong>, as the child grows<br />
older, <strong>to</strong> others beyond the family.<br />
Includes nature <strong>and</strong> quality of early attachments, characteristics of<br />
temperament, adaptation <strong>to</strong> change, response <strong>to</strong> stress <strong>and</strong> degree of<br />
appropriate self control.<br />
Identity<br />
Concerns the child’s growing sense of self as a separate <strong>and</strong> valued person.<br />
Includes the child's view of self <strong>and</strong> abilities, self image <strong>and</strong> self esteem, <strong>and</strong><br />
having a positive sense of individuality. Race, religion, age, gender, sexuality<br />
<strong>and</strong> disability may all contribute <strong>to</strong> this. Feelings of belonging <strong>and</strong> acceptance<br />
by family, peer group <strong>and</strong> wider society, including other cultural groups.<br />
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Family <strong>and</strong> Social Relationships<br />
Development of empathy <strong>and</strong> the capacity <strong>to</strong> place self in someone else’s<br />
shoes.<br />
Includes a stable <strong>and</strong> affectionate relationship with parents or caregivers,<br />
good relationships with siblings, increasing importance of age appropriate<br />
friendships with peers <strong>and</strong> other significant persons in the child’s life <strong>and</strong><br />
response of family <strong>to</strong> these relationships.<br />
Social Presentation<br />
Concerns child’s growing underst<strong>and</strong>ing of the way in which appearance,<br />
behaviour, <strong>and</strong> any impairment are perceived by the outside world <strong>and</strong> the<br />
impression being created.<br />
Includes appropriateness of dress for age, gender, culture <strong>and</strong> religion;<br />
cleanliness <strong>and</strong> personal hygiene; <strong>and</strong> availability of advice from parents or<br />
caregivers about presentation in different settings.<br />
Self Care Skills<br />
Concerns the acquisition by a child of practical, emotional <strong>and</strong> communication<br />
competencies required for increasing independence. Includes early practical<br />
skills of dressing <strong>and</strong> feeding, opportunities <strong>to</strong> gain confidence <strong>and</strong> practical<br />
skills <strong>to</strong> undertake activities away from the family <strong>and</strong> independent living skills<br />
as older children.<br />
Includes encouragement <strong>to</strong> acquire social problem solving approaches. Special<br />
attention should be given <strong>to</strong> the impact of a child's impairment <strong>and</strong> other<br />
vulnerabilities, <strong>and</strong> on social circumstances affecting these in the development<br />
of self care skills.<br />
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DIMENSIONS OF PARENTING CAPACITY<br />
Basic Care<br />
Providing for the child’s physical needs, <strong>and</strong> appropriate medical <strong>and</strong> dental<br />
care.<br />
Includes provision of food, drink, warmth, shelter, clean <strong>and</strong> appropriate<br />
clothing <strong>and</strong> adequate personal hygiene.<br />
Ensuring <strong>Safe</strong>ty<br />
Ensuring the child is adequately protected from harm or danger.<br />
Includes protection from significant harm or danger, <strong>and</strong> from contact with<br />
unsafe adults/other children <strong>and</strong> from self-harm. Recognition of hazards <strong>and</strong><br />
danger both in the home <strong>and</strong> elsewhere.<br />
Emotional Warmth<br />
Ensuring the child’s emotional needs are met <strong>and</strong> giving the child a sense of<br />
being specially valued <strong>and</strong> a positive sense of own racial <strong>and</strong> cultural identity.<br />
Includes ensuring the child’s requirements for secure, stable <strong>and</strong> affectionate<br />
relationships with significant adults, with appropriate sensitivity <strong>and</strong><br />
responsiveness <strong>to</strong> the child’s needs. Appropriate physical contact, comfort <strong>and</strong><br />
cuddling sufficient <strong>to</strong> demonstrate warm regard, praise <strong>and</strong> encouragement.<br />
Stimulation<br />
Promoting child’s learning <strong>and</strong> intellectual development through<br />
encouragement <strong>and</strong> cognitive stimulation <strong>and</strong> promoting social opportunities.<br />
Includes facilitating the child’s cognitive development <strong>and</strong> potential through<br />
interaction, communication, talking <strong>and</strong> responding <strong>to</strong> the child’s language<br />
<strong>and</strong> questions, encouraging <strong>and</strong> joining the child’s play, <strong>and</strong> promoting<br />
educational opportunities. Enabling the child <strong>to</strong> experience success <strong>and</strong><br />
ensuring school attendance or equivalent opportunity. Facilitating child <strong>to</strong><br />
meet challenges of life.<br />
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Guidance <strong>and</strong> Boundaries<br />
Enabling the child <strong>to</strong> regulate their own emotions <strong>and</strong> behaviour. The key<br />
parental tasks are demonstrating <strong>and</strong> modelling appropriate behaviour <strong>and</strong><br />
control of emotions <strong>and</strong> interactions with others, <strong>and</strong> guidance which involves<br />
setting boundaries, so that the child is able <strong>to</strong> develop an internal model of<br />
moral values <strong>and</strong> conscience, <strong>and</strong> social behaviour appropriate for the society<br />
within which they will grow up. The aim is <strong>to</strong> enable the child <strong>to</strong> grow in<strong>to</strong> an<br />
au<strong>to</strong>nomous adult, holding their own values, <strong>and</strong> able <strong>to</strong> demonstrate<br />
appropriate behaviour with others rather than having <strong>to</strong> be dependent on<br />
rules outside themselves. This includes not over protecting children from<br />
explora<strong>to</strong>ry <strong>and</strong> learning experiences.<br />
Includes social problem solving, anger management, consideration for others,<br />
<strong>and</strong> effective discipline <strong>and</strong> shaping of behaviour.<br />
Stability<br />
Providing a sufficiently stable family environment <strong>to</strong> enable a child <strong>to</strong> develop<br />
<strong>and</strong> maintain a secure attachment <strong>to</strong> the primary caregiver(s) in order <strong>to</strong><br />
ensure optimal development.<br />
Includes: ensuring secure attachments are not disrupted, providing<br />
consistency of emotional warmth over time <strong>and</strong> responding in a similar<br />
manner <strong>to</strong> the same behaviour. Parental responses change <strong>and</strong> develop<br />
according <strong>to</strong> child’s developmental progress. In addition, ensuring children<br />
<strong>keep</strong> in contact with important family members <strong>and</strong> significant others.<br />
FAMILY AND ENVIRONMENTAL FACTORS<br />
Family His<strong>to</strong>ry <strong>and</strong> Functioning<br />
Family his<strong>to</strong>ry includes both genetic <strong>and</strong> psycho-social fac<strong>to</strong>rs. Family<br />
functioning is influenced by who is living in the household <strong>and</strong> how they are<br />
related <strong>to</strong> the child; significant changes in family/household composition;<br />
his<strong>to</strong>ry of childhood experiences of parents; chronology of significant life<br />
events <strong>and</strong> their meaning <strong>to</strong> family members; nature of family functioning,<br />
including sibling relationships <strong>and</strong> its impact on the child; parental strengths<br />
<strong>and</strong> difficulties, including those of an absent parent; the relationship between<br />
separated parents.<br />
Wider Family<br />
Who are considered <strong>to</strong> be members of the wider family by the child <strong>and</strong> the<br />
parents?<br />
Includes related <strong>and</strong> non-related persons <strong>and</strong> absent wider family. What is<br />
their role <strong>and</strong> importance <strong>to</strong> the child <strong>and</strong> parents <strong>and</strong> in precisely what way?<br />
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Housing<br />
Does the accommodation have basic amenities <strong>and</strong> facilities appropriate <strong>to</strong> the<br />
age <strong>and</strong> development of the child <strong>and</strong> other resident members? Is the housing<br />
accessible <strong>and</strong> suitable <strong>to</strong> the needs of disabled family members?<br />
Includes the interior <strong>and</strong> exterior of the accommodation <strong>and</strong> immediate<br />
surroundings. Basic amenities include water, heating, sanitation, cooking<br />
facilities, sleeping arrangements <strong>and</strong> cleanliness, hygiene <strong>and</strong> safety <strong>and</strong> their<br />
impact on the child’s upbringing.<br />
Employment<br />
Who is working in the household, their pattern of work <strong>and</strong> any changes?<br />
What impact does this have on the child? How is work or absence of work<br />
viewed by family members? How does it affect their relationship with the<br />
child?<br />
Includes children’s experience of work <strong>and</strong> its impact on them.<br />
Income<br />
Income available over a sustained period of time. Is the family in receipt of all<br />
its benefit entitlements? Sufficiency of income <strong>to</strong> meet the family’s needs. The<br />
way resources available <strong>to</strong> the family are used. Are there financial difficulties<br />
which affect the child?<br />
Family’s Social Integration<br />
Exploration of the wider context of the local neighbourhood <strong>and</strong> community<br />
<strong>and</strong> its impact on the child <strong>and</strong> parents.<br />
Includes the degree of the family’s integration or isolation, their peer groups,<br />
friendship <strong>and</strong> social networks <strong>and</strong> the importance attached <strong>to</strong> them.<br />
Community Resources<br />
Describes all facilities <strong>and</strong> services in a neighbourhood, including universal<br />
services of primary health care, day care <strong>and</strong> schools, places of worship,<br />
transport, shops <strong>and</strong> leisure activities.<br />
Includes availability, accessibility <strong>and</strong> st<strong>and</strong>ard of resources <strong>and</strong> impact on the<br />
family, including disabled members.<br />
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SAFEGUARDING CHILDREN:<br />
Case Supervision Format<br />
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Appendix 3<br />
1 Is the case flagged as a case in which there is “risk <strong>to</strong> children” or<br />
“child(ren) at risk”?<br />
2 Have other NPS - Humberside units or partner agencies who are in<br />
contact with this case been informed of the risk status of the case?<br />
3 Is the nature <strong>and</strong> level of risk <strong>to</strong> children clearly recorded in OASys?<br />
4 Are there specific children at risk <strong>and</strong>, if so, are their names <strong>and</strong><br />
addresses recorded?<br />
5 Have there been any home visits in the last 3 months? If not, why<br />
not?<br />
6 In the context of any home visits or any other setting is there a record<br />
of the presence/appearance of children?<br />
7 Are other agencies involved in this case? If so what are they?<br />
8 Is there evidence that any other agencies should be involved?<br />
9 Does the level <strong>and</strong> quality of communication with other agencies by the<br />
Offender Manager fully reflect the agency duty “<strong>to</strong> co-operate with<br />
others <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children”?<br />
10 Do referrals, Case Conference attendances <strong>and</strong> core group participation<br />
comply with NPS - Humberside Practice Requirements?<br />
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Offences<br />
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ALPHABETICAL LIST OF OFFENCES AGAINST CHILDREN<br />
Abduction of a woman by force or for the sake of her property (repealed by 2003 Act)<br />
Abduction of Child in Care/ Police Protection .. take away/induce away/assist <strong>to</strong> run away/ <strong>keep</strong> away<br />
Abduction of defective from parent or guardian (repealed by 2003 Act)<br />
Abduction of unmarried girl under 16 from parent or guardian (repealed by 2003 Act)<br />
Abduction of unmarried girl under 18 from parent or guardian (repealed by 2003 Act)<br />
Abuse of position of trust: causing a child <strong>to</strong> watch a sexual act<br />
Abuse of position of trust: causing or inciting a child <strong>to</strong> engage in sexual activity<br />
Abuse of position of trust: sexual activity in the presence of a child<br />
Abuse of position of trust: sexual activity with a child<br />
Abuse of Trust (Repealed by 2003 Act)<br />
Administering a subject with intent<br />
Administering drugs <strong>to</strong> obtain or facilitate intercourse of a girl under 18 (repealed by 2003 Act)<br />
Administering Poison or wounding with intent <strong>to</strong> murder a child under 18<br />
Admission of <strong>Children</strong> under 14 <strong>to</strong> a Bar -Licensee <strong>to</strong> allow/ Cause/procure child <strong>to</strong> be in bar/ attempt <strong>to</strong> cause/procure<br />
Aiding, abetting, counselling or procuring the suicide of a person under 18<br />
Allowing a child or young person under 16 <strong>to</strong> be in a brothel<br />
Allowing children under 16 <strong>to</strong> take part in performances endangering life or limb<br />
Applying for/ knowingly offer position <strong>to</strong> Disqualified person<br />
Arranging or facilitating child prostitution or pornography<br />
Arranging or facilitating commission of a child sex offence<br />
Assault by penetration<br />
Assault occasioning actual bodily harm<br />
Assault of a child under 13 by penetration<br />
Assault with intent <strong>to</strong> commit buggery with a person under 18 (repealed by 2003 Act)<br />
Attempt in relation <strong>to</strong> offences under section 2,5,6,7,10,11,12,22 <strong>and</strong> 23<br />
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Attempt, conspiracy, incitement, aiding <strong>and</strong> abetting, counselling or procuring in relation <strong>to</strong> any of the offences from Sexual Offences Act 2003.<br />
Buggery (attempt or commit) where the victim is under 18 (repealed by 2003 Act)<br />
Burglary (entering a building or part of building with intent <strong>to</strong> rape a child<br />
Care workers: causing a person with a mental disorder <strong>to</strong> watch a sexual act (where the victim is under 18)<br />
Care workers: causing or inciting sexual activity (where the victim is under 18)<br />
Care workers: sexual activity in the presence of a person with a mental disorder (where the victim is under 18)<br />
Care workers: sexual activity with a person with a mental disorder (where the victim is under 18)<br />
Causing a child <strong>to</strong> watch a sexual act<br />
Causing a person <strong>to</strong> engage in sexual activity without consent.<br />
Causing a person with a mental disorder <strong>to</strong> engage in or agree <strong>to</strong> engage in sexual activity by inducement, threat or deception (where the victim is und<br />
Causing a person with a mental disorder <strong>to</strong> watch a sexual act by inducement, threat or deception<br />
Causing a person, with a mental disorder impeding choice, <strong>to</strong> watch a sexual act (where the victim is under 18)<br />
Causing or allowing persons under 16 <strong>to</strong> be used for begging<br />
Causing or encouraging prostitution of defective (repealed by 2003 Act)<br />
Causing or encouraging prostitution of, or intercourse with, or indecent assault on, girl under 16 (repealed by 2003 Act)<br />
Causing or inciting a child <strong>to</strong> engage in sexual activity<br />
Causing or inciting a child under 13 <strong>to</strong> engage in sexual activity<br />
Causing or inciting a person, with a mental disorder impeding choice, <strong>to</strong> engage in sexual activity (where the victim is under 18)<br />
Causing or inciting child prostitution or pornography<br />
Causing or inciting prostitution for gain<br />
Causing prostitution of a girl under 16 (repealed by 2003 Act)<br />
Causing/allowing perons under 16 <strong>to</strong> be begging<br />
Child destruction<br />
Child sex offences committed by a children or young persons<br />
Child Stealing or receiving a s<strong>to</strong>len child<br />
Committing an offence with intent <strong>to</strong> commit a sexual offence (if intended offence is against a child)<br />
Common law assault or battery<br />
Conspiring or soliciting <strong>to</strong> commit murder<br />
Controlling a child prostitute or a child involved in pornography<br />
Controlling prostitution for gain<br />
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Cruelty <strong>to</strong> a person under sixteen<br />
Detention of a girl under 18 in a brothel or other premises (repealed by 2003 Act)<br />
Drunk in Charge of a child under 7 yrs<br />
Engaging in sexual activity in the presence of a child<br />
Engaging in sexual activity in the presence of a person with a mental disorder impeding choice (where the victim is under 18)<br />
Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder (where the victim is under 18)<br />
Exposing a child under 7 <strong>to</strong> risk of burning.<br />
Exposing a child, whereby life is endangered<br />
Exposure<br />
False imprisonment<br />
Give/ Cause <strong>to</strong> be given In<strong>to</strong>xicating Liquor <strong>to</strong> a child under 5 yrs<br />
Importation of goods including indecent pho<strong>to</strong>graphs of persons under 16<br />
Incest by a man where the victim is under 18 (repealed by 2003 Act)<br />
Incest by a woman where the victim is under 18 (repealed by 2003 Act)<br />
Inciting a child family member <strong>to</strong> engage in sexual activity<br />
Inciting girl under 16 <strong>to</strong> have incestuous sexual intercourse (repealed by the 2003 Act)<br />
Indecency between men where one or both parties are under 18 (repealed by 2003 Act)<br />
Indecent assault on a female under 18 (repealed by 2003 Act)<br />
Indecent assault on a male under 18 (repealed by 2003 Act)<br />
Indecent conduct <strong>to</strong>wards young child (repealed by the 2003 Act)<br />
Indecent exposure (repealed by 2003 Act)<br />
Indecent pho<strong>to</strong>graphs of children<br />
Inducement, threat or deception <strong>to</strong> procure sexual activity with a person with a mental disorder<br />
Infanticide<br />
Intercourse with a girl between 13 <strong>and</strong> 16 (repealed by 2003 Act)<br />
Intercourse with a girl under 13 (repealed by 2003 Act)<br />
Intercourse with a woman who has a mental disorder (repealed by 2003 Act)<br />
Kidnapping<br />
Living on earnings of male prostitution<br />
Making a threat <strong>to</strong> kill a child<br />
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Maliciously administering poison so as <strong>to</strong> endanger life or inflict grievous bodily harm on a child under 18<br />
Man living on earnings of a prostitute (repealed by 2003 Act)<br />
Manslaughter of a child or young person under 18<br />
Meeting a child following sexual grooming etc.<br />
Murder of a child under 18<br />
Murder or manslaughter of a child or young person<br />
Offence of abduction of a child by parent<br />
Paying for the sexual services of a child<br />
Permits defective <strong>to</strong> use premises for intercourse (repealed by 2003 Act)<br />
Permitting a girl between 13 <strong>and</strong> 16 <strong>to</strong> use premises for intercourse (repealed by 2003 Act)<br />
Permitting a girl under 18 <strong>to</strong> use premises for intercourse (repealed by 2003 Act)<br />
Possession of indecent pho<strong>to</strong>graphs of children<br />
Procuration of girl under 18 (repealed by 2003 Act)<br />
Procurement of a defective (repealed by 2003 Act)<br />
Procurement of a girl under 18 by false pretences (repealed by 2003 Act)<br />
Procurement of a girl under 18 by threats (repealed by 2003 Act)<br />
Procuring others <strong>to</strong> commit homosexual acts (Repealed by 2003 Act)<br />
Rape<br />
Rape of a child under 13<br />
Rape of a child under 18 (repealed by 2003 Act)<br />
Recovery of missing or unlawfully held children<br />
Sexual Activity with a Child<br />
Sexual activity with a child family member<br />
Sexual activity with a person with a mental disorder impeding choice (where the victim is under 18)<br />
Sexual assault<br />
Sexual assault of a child under 13<br />
Sexual Intercourse with patients (where the victim is under 18)<br />
Supplying or offering <strong>to</strong> supply a Class A drug <strong>to</strong> a child<br />
Trafficking in<strong>to</strong> the UK for sexual exploitation<br />
Trafficking out of the UK for sexual exploitation<br />
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Trafficking within the UK for sexual exploitation<br />
Trespass with intent <strong>to</strong> commit a sexual offence (if intended offence is against a child)<br />
Voyeurism<br />
Woman exercising control over a prostitute.<br />
Wounding <strong>and</strong> causing grievous bodily harm<br />
Please note that if an offence is listed above it's inclusion here is due <strong>to</strong> the fact that the victim was under 18 years of age.<br />
List compiled 2004<br />
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An alphabetical list of offences which<br />
can be used <strong>to</strong> identify those who<br />
present a risk, or potential risk, <strong>to</strong><br />
children<br />
Offence Section Act<br />
Ab<strong>and</strong>onment of children under two Section 27 Offences Against the Person Act 1861<br />
Abduction of a woman by force or for the sake of<br />
her property<br />
Section 17 Sexual Offences Act 1956<br />
Abduction of Child in Care/ Police Protection . take<br />
away/induce away/assist <strong>to</strong> run away/ <strong>keep</strong> away<br />
Section 49 <strong>Children</strong> Act 1989<br />
Abduction of defective from parent or guardian Section 21 Sexual Offences Act 1956<br />
Abduction of unmarried girl under 16 from parent or<br />
guardian<br />
Section 20 Sexual Offences Act 1956<br />
Abduction of unmarried girl under 18 from parent or<br />
guardian<br />
Section 19 Sexual Offences Act 1956<br />
Abuse of position of trust: causing a child <strong>to</strong> watch a<br />
sexual act<br />
Section 19 Sexual Offences Act 2003<br />
Abuse of position of trust: causing or inciting a child<br />
<strong>to</strong> engage in sexual activity<br />
Section 17 Sexual Offences Act 2003<br />
Abuse of position of trust: sexual activity in the<br />
presence of a child<br />
Section 18 Sexual Offences Act 2003<br />
Abuse of position of trust: sexual activity with a<br />
child<br />
Section 16 Sexual Offences Act 2003<br />
Abuse of Trust Section 3 Sexual Offences (Amendment) Act 2000<br />
Administering a substance with intent Section 61 Sexual Offences Act 2003<br />
Administering drugs <strong>to</strong> obtain or facilitate<br />
intercourse<br />
Section 4 Sexual Offences Act 1956<br />
Administering poison, or wounding, with intent <strong>to</strong><br />
murder<br />
Section 11 Offences Against the Person Act 1861<br />
Aiding, abetting, counselling or procuring the suicide<br />
of a child or young person.<br />
Section 2 Suicide Act 1961<br />
Allowing persons under 16 <strong>to</strong> be in brothels Section 3 <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Persons Act 1933<br />
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Arranging or facilitating child prostitution or<br />
pornography<br />
Section 50 Sexual Offences Act 2003<br />
Arranging or facilitating commission of a child sex<br />
offence<br />
Section 14 Sexual Offences Act 2003<br />
Assault by penetration Section 2 Sexual Offences Act 2003<br />
Assault occasioning actual bodily harm Section 47 Offences Against the Person Act 1861<br />
Assault of a child under 13 by penetration Section 6 Sexual Offences Act 2003<br />
Assault or battery Common Law<br />
Assault with intent <strong>to</strong> commit buggery Section 16 Sexual Offences Act 1956<br />
Buggery where the victim is under 16* Section 12 Sexual Offences Act 1956<br />
Burglary (by entering a building or part of a building<br />
with intent <strong>to</strong> rape a child)<br />
Section 9 Theft Act 1968<br />
Care workers: causing a person with a mental<br />
disorder <strong>to</strong> watch a sexual act<br />
Section 41 Sexual Offences Act 2003<br />
Care workers: causing or inciting sexual activity Section 39 Sexual Offences Act 2003<br />
Care workers: sexual activity in the presence of a<br />
person with a mental disorder<br />
Section 40 Sexual Offences Act 2003<br />
Care workers: sexual activity with a person with a<br />
mental disorder<br />
Section 38 Sexual Offences Act 2003<br />
Causing a child <strong>to</strong> watch a sexual act Section 12 Sexual Offences Act 2003<br />
Causing a person <strong>to</strong> engage in sexual activity<br />
without consent.<br />
Section 4 Sexual Offences Act 2003<br />
Causing a person with a mental disorder <strong>to</strong> engage<br />
in or agree <strong>to</strong> engage in sexual activity by<br />
inducement, threat or deception<br />
Section 35 Sexual Offences Act 2003<br />
Causing a person with a mental disorder <strong>to</strong> watch a<br />
sexual act by inducement, threat or deception<br />
Section 37 Sexual Offences Act 2003<br />
Causing a person, with a mental disorder impeding<br />
choice, <strong>to</strong> watch a sexual act<br />
Section 33 Sexual Offences Act 2003<br />
Causing or allowing persons under 16 <strong>to</strong> be used for<br />
begging<br />
Section 4 <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Persons Act 1933<br />
Causing or allowing the death of a child or<br />
vulnerable adult<br />
Section 5 Domestic Violence, Crime <strong>and</strong> Victims Act 2004<br />
Causing or encouraging prostitution of defective Section 29 Sexual Offences Act 1956<br />
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Causing or encouraging prostitution of, or<br />
intercourse with, or indecent assault on, girl under<br />
16<br />
Section 28 Sexual Offences Act 1956<br />
Causing or inciting a child <strong>to</strong> engage in sexual<br />
activity<br />
Section 10 Sexual Offences Act 2003<br />
Causing or inciting a child under 13 <strong>to</strong> engage in<br />
sexual activity<br />
Section 8 Sexual Offences Act 2003<br />
Causing or inciting a person, with a mental disorder<br />
impeding choice, <strong>to</strong> engage in sexual activity<br />
Section 31 Sexual Offences Act 2003<br />
Causing or inciting child prostitution or pornography Section 48 Sexual Offences Act 2003<br />
Causing or inciting prostitution for gain Section 52 Sexual Offences Act 2003<br />
Causing prostitution of women Section 22 Sexual Offences Act 1956<br />
Child sex offences committed by a children or young<br />
persons<br />
Section 13 Sexual Offences Act 2003<br />
Child stealing Section 56 Offences Against the Person Act 1861<br />
Committing an offence with intent <strong>to</strong> commit a<br />
sexual offence (in a case where the intended offence<br />
was an offence against a child)<br />
Section 62 Sexual Offences Act 2003<br />
Conspiring or soliciting <strong>to</strong> commit murder Section 4 Offences Against the Person Act 1861<br />
Controlling a child prostitute or a child involved in<br />
pornography<br />
Section 49 Sexual Offences Act 2003<br />
Controlling prostitution for gain Section 53 Sexual Offences Act 2003<br />
Cruelty <strong>to</strong> children Section 1 <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Persons Act 1933<br />
Detention of a woman in a brothel or other premises Section 24 Sexual Offences Act 1956<br />
Drunk in charge of a child under 7 years Section 2 Licensing Act 1902<br />
Engaging in sexual activity in the presence of a child Section 11 Sexual Offences Act 2003<br />
Engaging in sexual activity in the presence of a<br />
person with a mental disorder impeding choice<br />
Section 32 Sexual Offences Act 2003<br />
Engaging in sexual activity in the presence,<br />
procured by inducement, threat or deception, of a<br />
person with a mental disorder<br />
Section 36 Sexual Offences Act 2003<br />
Exposing children under seven <strong>to</strong> risk of burning Section 11 <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Persons Act 1933<br />
Exposure Section 66 Sexual Offences Act 2003<br />
False Imprisonment Common Law<br />
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Give / cause <strong>to</strong> be given in<strong>to</strong>xicating liquor <strong>to</strong> a child<br />
under 5 years<br />
Section 5 <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Persons Act 1933<br />
Incest by a man Section 10 Sexual Offences Act 1956<br />
Incest by a woman Section 11 Sexual Offences Act 1956<br />
Inciting a child family member <strong>to</strong> engage in sexual<br />
activity<br />
Section 26 Sexual Offences Act 2003<br />
Inciting girl under 16 <strong>to</strong> have incestuous sexual<br />
intercourse<br />
Section 54 Criminal Law Act 1977<br />
Indecency between men (gross indecency) Section 13 Sexual Offences Act 1956<br />
Indecent assault on a man Section 15 Sexual Offences Act 1956<br />
Indecent assault on a woman Section 14 Sexual Offences Act 1956<br />
Indecent conduct <strong>to</strong>wards young child Section 1 Indecency with <strong>Children</strong> Act 1960<br />
Indecent exposure Section 4 Vagrancy Act 1824<br />
Indecent exposure Section 28 Town Police Clauses Act 1847<br />
Indecent pho<strong>to</strong>graphs of children Section 1 Protection of <strong>Children</strong> Act 1978<br />
Inducement, threat or deception <strong>to</strong> procure sexual<br />
activity with a person with a mental disorder<br />
Section 34 Sexual Offences Act 2003<br />
Infanticide Common Law<br />
Infanticide Section 1 Infanticide Act 1938<br />
Intercourse with a girl under 13 Section 5 Sexual Offences Act 1956<br />
Intercourse with a girl under 16 Section 6 Sexual Offences Act 1956<br />
Intercourse with defective Section 7 Sexual Offences Act 1956<br />
Kidnapping Common Law<br />
Living on earnings of male prostitution Section 5 Sexual Offences Act 1967<br />
Maliciously administering poison Section 23 Offences Against the Person Act 1861<br />
Man living on earnings of prostitution Section 30 Sexual Offences Act 1956<br />
Manslaughter Common Law<br />
Meeting a child following sexual grooming etc. Section 15 Sexual Offences Act 2003<br />
Murder Common Law<br />
Offence of abduction of a child by parent Section 1 Child Abduction Act 1984<br />
Offence of abduction of child by other persons Section 2 Child Abduction Act 1984<br />
Paying for the sexual services of a child Section 47 Sexual Offences Act 2003<br />
Permitting a girl between 13 <strong>and</strong> 16 <strong>to</strong> use premises<br />
for intercourse<br />
Section 26 Sexual Offences Act 1956<br />
Permitting a girl under 13 <strong>to</strong> use premises for Section 25 Sexual Offences Act 1956<br />
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intercourse<br />
Permitting defective <strong>to</strong> use premises for intercourse Section 27 Sexual Offences Act 1956<br />
Possession of indecent pho<strong>to</strong>graphs of children Section 160 Criminal Justice Act 1988<br />
Procuration of girl under 21 Section 23 Sexual Offences Act 1956<br />
Procurement of a woman by false pretences Section 3 Sexual Offences Act 1956<br />
Procurement of a woman by threats Section 2 Sexual Offences Act 1956<br />
Procurement of defective Section 9 Sexual Offences Act 1956<br />
Procuring others <strong>to</strong> commit homosexual acts (by<br />
procuring a child <strong>to</strong> commit an act of buggery with<br />
any person, or procuring any person <strong>to</strong> commit an<br />
act of buggery with a child)<br />
Section 4 Sexual Offences Act 1967<br />
Prohibition against persons under 16 taking part in<br />
performances endangering life <strong>and</strong> limb<br />
Section 23 <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Persons Act 1933<br />
Rape Section 1 Sexual Offences Act 2003<br />
Rape Section 1 Sexual Offences Act 1956<br />
Rape of a child under 13 Section 5 Sexual Offences Act 2003<br />
Recovery of missing or unlawfully held children Section 50 <strong>Children</strong> Act 1989<br />
Sexual Activity with a Child Section 9 Sexual Offences Act 2003<br />
Sexual activity with a child family member Section 25 Sexual Offences Act 2003<br />
Sexual activity with a person with a mental disorder<br />
impeding choice<br />
Section 30 Sexual Offences Act 2003<br />
Sexual assault Section 3 Sexual Offences Act 2003<br />
Sexual assault of a child under 13 Section 7 Sexual Offences Act 2003<br />
Sexual intercourse with patients Section 128 Mental Health Act 1959<br />
Supplying or offering <strong>to</strong> supply a Class A drug <strong>to</strong> a<br />
child, being concerned in the supplying of such a<br />
drug <strong>to</strong> a child, or being concerned in the making <strong>to</strong><br />
a child of an offer <strong>to</strong> supply such a drug.<br />
Section 4 Misuse of Drugs Act 1971<br />
Threats <strong>to</strong> kill Section 16 Offences Against the Person Act 1861<br />
Traffic in prostitution Section 145 Nationality, Immigration <strong>and</strong> Asylum Act 2002<br />
Trafficking in<strong>to</strong> the UK for sexual exploitation Section 57 Sexual Offences Act 2003<br />
Trafficking out of the UK for sexual exploitation Section 59 Sexual Offences Act 2003<br />
Trafficking people for exploitation Section 4 Asylum <strong>and</strong> Immigration (Treatment of Claimants,<br />
etc) 2004<br />
Trafficking within the UK for sexual exploitation Section 58 Sexual Offences Act 2003<br />
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Trespass with intent <strong>to</strong> commit a sexual offence (in<br />
a case where the intended offence was an offence<br />
against a child)<br />
Section 63 Sexual Offences Act 2003<br />
Voyeurism Section 67 Sexual Offences Act 2003<br />
Women exercising control over prostitute Section 31 Sexual Offences Act 1956<br />
Wounding <strong>and</strong> causing grievous bodily harm:<br />
Inflicting bodily injury<br />
Section 20 Offences Against the Person Act 1861<br />
Wounding <strong>and</strong> causing grievous bodily harm:<br />
Wounding with intent<br />
Section 18 Offences Against the Person Act 1861<br />
A reference <strong>to</strong> an offence in this list includes:<br />
a reference <strong>to</strong> an attempt, conspiracy or<br />
incitement <strong>to</strong> commit that offence, <strong>and</strong><br />
a reference <strong>to</strong> aiding, abetting, counselling or<br />
procuring the commission of that offence.<br />
Unless stated otherwise, the victim of the<br />
offences listed above will be under 18<br />
Cautions for the offences listed above will<br />
apply<br />
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4.8 CONNEXIONS<br />
The Connexions Service<br />
This relates <strong>to</strong> all Personal Advisers giving information, advice <strong>and</strong><br />
guidance <strong>to</strong> young people including those giving careers guidance<br />
<strong>and</strong> any other services provided by another organisation <strong>and</strong><br />
commissioned by Connexions Humber.<br />
These guidelines apply <strong>to</strong> children <strong>and</strong> young people aged 13 – 19<br />
<strong>and</strong> will include the unborn children of young teenage parents, as<br />
well as the babies <strong>and</strong> children of these young people. It also<br />
includes any children <strong>and</strong> babies that frequently accompany the<br />
young people who are receiving Connexions Services. When dealing<br />
with difficult <strong>and</strong> complex situations within a family, Personal<br />
Advisers must also be mindful of the implications of the situations for<br />
any other children in the family.<br />
Connexions has, in each area (Hull, East Riding, North East<br />
Lincolnshire <strong>and</strong> North Lincolnshire), a designated member of staff<br />
who will act as a Child Protection Co-ordina<strong>to</strong>r <strong>and</strong> who is trained <strong>to</strong><br />
recognise harm <strong>and</strong> advise <strong>and</strong> help staff in contact with suspected<br />
harm. There is also a company Child Protection Co-ordina<strong>to</strong>r who<br />
overseas the strategic <strong>policy</strong> of Connexions Humber <strong>to</strong> ensure that<br />
the responsibility <strong>to</strong> safeguard <strong>and</strong> promote the welfare of children<br />
<strong>and</strong> young people is fulfilled.<br />
All staff dealing directly with young people – Personal Advisers <strong>and</strong><br />
other frontline staff - will be trained <strong>to</strong> equip them <strong>to</strong> carry out their<br />
responsibilities <strong>and</strong> this training will be refreshed at a minimum of<br />
every 3 years.<br />
General Principles:<br />
<strong>Safe</strong>guarding <strong>and</strong> promoting the welfare of young people is<br />
paramount<br />
Close co-operation between Connexions Personal Advisers<br />
<strong>and</strong> other agencies<br />
<strong>Working</strong> in a young people centred way<br />
Involving young people <strong>and</strong> their families in decisions<br />
which affect their lives<br />
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Where a young person (under the age of 18) in full time<br />
education or not requires medical attention & there is a<br />
suspicion of harm.<br />
If a young person is seen <strong>to</strong> be in need of urgent medical attention<br />
<strong>and</strong> there is a suspicion of harm, arrangements should be made for<br />
them <strong>to</strong> be taken <strong>to</strong> hospital Accident <strong>and</strong> Emergency Department<br />
immediately. <strong>Children</strong>’s Social Care should be informed immediately<br />
of the visit <strong>to</strong> the hospital.<br />
The decision as <strong>to</strong> whether parents of the young person should be<br />
consulted should be taken in conjunction with the manager of the<br />
Personal Adviser. Although Personal Advisers should in general<br />
discuss any concerns with the family <strong>and</strong> seek agreement <strong>to</strong> making<br />
referrals <strong>to</strong> <strong>Children</strong>’s Social Care this should only be done where<br />
such discussions will not place a young person at increased risk of<br />
harm or a member of staff in danger. The Personal Adviser <strong>and</strong> their<br />
manager will have <strong>to</strong> exercise professional judgement about<br />
discussing the referral with the young person’s parents. Where a<br />
young person does not want his/her parents <strong>to</strong> be informed Personal<br />
Advisers will use the Connexions Humber document ‘Guidelines for<br />
Personal Advisers on young people aged 13-16 who do not wish their<br />
parents <strong>to</strong> be informed about the services they are receiving from<br />
Connexions or services that they are signposted on<strong>to</strong>,’ <strong>to</strong> help them<br />
<strong>to</strong> make this decision. However, the young person will need <strong>to</strong> be<br />
<strong>to</strong>ld that their parents may need <strong>to</strong> be consulted subsequently by<br />
either <strong>Children</strong>’s Social Care or the Police.<br />
Action <strong>to</strong> be taken by Personal Advisers if there are initial Child<br />
Protection concerns but it is not a clear cut referral:<br />
If a Personal Adviser is not sure if any particular case should be<br />
referred <strong>to</strong> <strong>Children</strong>’s Social Care they should discuss the matter with<br />
their manager or the Connexions Area Child Protection Co-ordina<strong>to</strong>r.<br />
They can also discuss their concerns, without necessarily identifying<br />
the young person, with professionals from other agencies including<br />
<strong>Children</strong>’s Social Care. At the close of discussions with other<br />
professionals any action or non-action must be recorded with the<br />
reasons for the decision made. If action is <strong>to</strong> be taken there must be<br />
clear, explicit <strong>and</strong> recorded agreement about who will be taking<br />
action, what that action is <strong>to</strong> be <strong>and</strong> the timescales attached <strong>to</strong> it.<br />
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Action <strong>to</strong> be taken by Connexions Personal Advisors when<br />
there is suspicion of significant harm:<br />
1) <strong>Young</strong> <strong>People</strong> In Full Time Education/Training<br />
Where harm is suspected by, or is disclosed <strong>to</strong>, a member of the<br />
Connexions Service staff during school time, it should immediately be<br />
referred <strong>to</strong> the young persons school / college/work based learning<br />
Child Protection Co-ordina<strong>to</strong>r, who will make the referral <strong>to</strong> <strong>Children</strong>’s<br />
Social Care. The referral <strong>to</strong> the school/college/work based learning<br />
child protection co-ordina<strong>to</strong>r must be followed up in writing within 24<br />
hours, using the Connexions referral form.<br />
The Personal Adviser has a responsibility <strong>to</strong> ensure that they are<br />
satisfied that the action taken by the school/college/work based<br />
learning provider will ensure the adequate safeguarding of the young<br />
person. If, after discussion with the school, they are not satisfied that<br />
the young person is adequately safeguarded they must make a<br />
referral <strong>to</strong> <strong>Children</strong>’s Social Care themselves. A line manager must<br />
endorse all referrals <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
Copies of the child protection referrals <strong>to</strong> schools should be sent <strong>to</strong><br />
the local Connexions Service Area Child Protection Co-ordina<strong>to</strong>r who<br />
should forward a copy <strong>to</strong> the company Child Protection Co-ordina<strong>to</strong>r.<br />
The provisions of the Data Protection Act must be adhered <strong>to</strong>.<br />
2) <strong>Young</strong> <strong>People</strong> Not In Full Time Education<br />
Where harm is suspected by, or disclosed <strong>to</strong>, a member of the<br />
Connexions Service staff, they should make a referral direct <strong>to</strong><br />
<strong>Children</strong>’s Social Care. The referral must be endorsed by a line<br />
manager. If a referral is made by telephone it must be confirmed by<br />
submitting the relevant child protection referral form within 48 hours.<br />
The Connexions Service Area Child Protection Co-ordina<strong>to</strong>r should be<br />
given a copy of the referral made <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
Copies of all referrals made <strong>to</strong> <strong>Children</strong>’s Social Care should be sent<br />
<strong>to</strong> the Connexions Service Company Child Protection Co-ordina<strong>to</strong>r.<br />
Where There Is An Allegation Against A Member Of Staff Of A<br />
School/College/Work-Based Learning Provider.<br />
The member of staff of the Connexions Service <strong>to</strong> whom the<br />
disclosure is made should IMMEDIATELY refer the matter <strong>to</strong> their<br />
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manager who, during school time, unless the allegation is against the<br />
Headteacher or Principal or Manager, will inform the<br />
Headteacher/Principal/Manager of the school/college or work based<br />
learning provider concerned. If the allegation is made outside school<br />
time or is against the Headteacher/Principal/Manager, the<br />
Connexions Personal Adviser should IMMEDIATELY refer it <strong>to</strong> the<br />
appropriate Connexions Area Manger, who will inform the LEA<br />
Designated Representative in the case of a school. If it is a college<br />
he/she will inform the Chair of Governors of the College <strong>and</strong> if it is a<br />
work based learning provider it will either be the Chair of the Board<br />
<strong>and</strong>/or the Learning <strong>and</strong> Skills council. .<br />
Where There Is An Allegation Against A Member Of Staff Of<br />
The Connexions Service.<br />
If an allegation is made against a member of the Connexions Service,<br />
the matter should IMMEDIATELY be referred <strong>to</strong> the appropriate Area<br />
Manager who will take action within Connexions Humber’s agreed<br />
<strong>procedure</strong>.<br />
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4.9. CHILDREN AND FAMILY COURT ADVISORY SUPPORT<br />
SERVICE (CAFCASS)<br />
Introduction.<br />
All organisations that work with children share a<br />
commitment <strong>to</strong> safeguard <strong>and</strong> promote their welfare <strong>and</strong> for<br />
many organisations that is underpinned by a statu<strong>to</strong>ry duty<br />
or duties. For CAFCASS that duty is under S.12 of the<br />
Criminal Justice <strong>and</strong> Court Act 2000.<br />
The duty is <strong>to</strong> ensure CAFCASS functions are discharged with<br />
regard <strong>to</strong> the need <strong>to</strong> safeguard <strong>and</strong> promote the welfare of<br />
children.<br />
CAFCASS, the <strong>Children</strong> & Family Court Advice & Support Service,<br />
was formed in April 2001 as a non-departmental public body,<br />
currently sponsored by the Department of Education & Skills. The<br />
service united the family court welfare service (private law),<br />
Guardian ad Litem service (public law) & the children’s functions of<br />
the official solici<strong>to</strong>r.<br />
CAFCASS is identified in “<strong>Working</strong> <strong>to</strong>gether…” as a statu<strong>to</strong>ry partner<br />
in local safeguarding arrangements, <strong>and</strong> a member of the Local<br />
<strong>Safe</strong>guarding <strong>Children</strong> Board.<br />
The safety & welfare of children is the services paramount<br />
consideration.<br />
Functions:<br />
• To safeguard & promote the welfare of children who are<br />
subject of family proceedings.<br />
• To give advice <strong>to</strong> courts about any application made <strong>to</strong> it in<br />
such proceedings.<br />
• To make provision for children <strong>to</strong> be represented in family<br />
proceedings.<br />
• To provide information, advice & other support for children<br />
& their families.<br />
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Roles:<br />
CAFCASS appoints the individual officer who might be a service<br />
employee or a self-employed contrac<strong>to</strong>r. The officer is appointed<br />
by the court <strong>to</strong> undertake one or more of their functions. These<br />
officers have different roles in private & public law proceedings,<br />
which are denoted by different titles.<br />
These titles are:<br />
<strong>Children</strong>’s Guardian. Who are appointed <strong>to</strong> safeguard the<br />
interests of a child subject <strong>to</strong> specified proceedings under the<br />
<strong>Children</strong> Act 1989 or is subject <strong>to</strong> adoption proceedings. This would<br />
include witnessing parental consent in respect of relinquished<br />
children.<br />
<strong>Children</strong> & family reporter. Who prepare welfare reports for the<br />
court in relation <strong>to</strong> applications under section 8 of the <strong>Children</strong> Act<br />
1989. These include issues of residence, contact & specific issues.<br />
Parental order reporters. Who are appointed <strong>to</strong> investigate &<br />
report <strong>to</strong> the court on circumstances relevant under the Human<br />
Fertilisation & Embryology act 1990.<br />
Service St<strong>and</strong>ards:<br />
CAFCASS will ensure that all family court advisers working for the<br />
service will work & conduct themselves <strong>to</strong> the service st<strong>and</strong>ards.<br />
These include the following.<br />
• Service principles & st<strong>and</strong>ards.<br />
• Pro<strong>to</strong>col for judicial case management.<br />
• Child protection <strong>procedure</strong>s.<br />
• Domestic violence <strong>policy</strong> & st<strong>and</strong>ards.<br />
• Comments, compliments & complaints <strong>policy</strong>.<br />
The service provided will be informed by the principles of the<br />
<strong>Children</strong> Act 1989, Adoption & <strong>Children</strong> Act 2002, “<strong>Working</strong><br />
<strong>to</strong>gether…” <strong>and</strong> “Every child matters”.<br />
Allegations Against Staff:<br />
Concerns/suspicions must be referred immediately <strong>to</strong> the staff<br />
members’ manager, or another manager in their absence. Where<br />
allegations of abuse or improper behaviour are made they will not<br />
be dealt with within the service complaints <strong>procedure</strong>.<br />
Upon receipt of an allegation the Regional Direc<strong>to</strong>r, or their deputy<br />
will be informed.<br />
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If the suspicions require enquiries <strong>to</strong> be initiated under S47 of the<br />
<strong>Children</strong> Act (1989), a child protection referral should be made by<br />
the service manager in accordance with the LSCB <strong>procedure</strong>s for<br />
allegations against staff <strong>and</strong> professionals (refer <strong>to</strong> Pro<strong>to</strong>col 11 in<br />
Section 5 “Allegations of abuse made against a person who<br />
works with children”).<br />
Notice of this referral will be given <strong>to</strong> the LSCB.<br />
A strategy discussion will be convened by the local authority or the<br />
Police <strong>to</strong> consider how the allegation will be responded <strong>to</strong>.<br />
CAFCASS will contribute as required <strong>to</strong> the strategy discussion.<br />
“<strong>Working</strong> <strong>to</strong>gether <strong>to</strong> safeguard children” (2006) makes it clear that<br />
responses <strong>to</strong> allegations of abuse against professionals will<br />
potentially have three related, but independent str<strong>and</strong>s:<br />
Child protection enquiries.<br />
Possible Police investigations, <strong>and</strong><br />
Disciplinary <strong>procedure</strong>s.<br />
It will be for CAFCASS <strong>to</strong> reach a decision as <strong>to</strong> whether a<br />
disciplinary investigation is required. If so this will be under the<br />
service performance <strong>and</strong> conduct <strong>policy</strong> (for employed staff) or the<br />
Contract review process, (for self employed contrac<strong>to</strong>rs).<br />
CAFCASS will:<br />
• Allocate all referrals from courts promptly.<br />
• Conduct initial & continual case assessments, which may<br />
alert the service <strong>to</strong> risk requiring notification or referral.<br />
• Critically appraise the work of the local authority in<br />
specified proceedings.<br />
• Where a safeguarding concern is identified the service<br />
officers will make a prompt referral <strong>to</strong> local authority child<br />
protection teams, <strong>and</strong> notify the court of the referral.<br />
CAFCASS will suspend its active involvement during a child<br />
protection enquiry.<br />
• A referral will be made in accordance with the current<br />
service <strong>policy</strong> <strong>and</strong> guidelines of the LSCB. Referrals will be<br />
made following consultation with a manager, where the<br />
circumstances of the case permit. Initial referral will be by<br />
telephone with a follow up in writing by way of the local<br />
referral form within 2 days (see Appendix 2 – Section<br />
3.3 “The processes for safeguarding <strong>and</strong> promoting<br />
the welfare of children”) .<br />
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• Liaise with agencies <strong>and</strong> professionals as appropriate.<br />
• Contribute <strong>to</strong> a multidisciplinary approach <strong>to</strong> ensure the<br />
safeguarding of children’s welfare & interests. This will<br />
include the Common Assessment Framework, (CAF). The<br />
CAF provides a process for an early holistic approach <strong>to</strong><br />
identify a child/young person is at risk of significant harm,<br />
a referral will be made <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
• Attend & provide training <strong>to</strong> facilitate ongoing professional<br />
development.<br />
The local functions are carried out by service teams of between 12<br />
<strong>to</strong> 15 staff led by a service manager. There are two teams in Hull,<br />
East Riding <strong>and</strong> Scarborough. There is also a team in Grimsby,<br />
which also covers Scunthorpe.<br />
Contact:<br />
Mr Paul Scatcherd / Mrs Helen Vangreuning.<br />
CAFCASS.<br />
The Deep Business Centre,<br />
HULL.<br />
HU1 4SA.<br />
Tel: (01482) 388060<br />
Fax: (01482) 609212<br />
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4.10. VOLUNTARY & COMMUNITY SECTOR<br />
1 General<br />
Voluntary <strong>and</strong> private sec<strong>to</strong>r organisations play an important role in<br />
delivering services for children <strong>and</strong> young people, including in earlyears<br />
<strong>and</strong> day care provision, family support services, youth work <strong>and</strong><br />
<strong>Children</strong>’s Social Care <strong>and</strong> healthcare. Some agencies also have an<br />
important campaigning <strong>and</strong> advocacy role with children, young people<br />
<strong>and</strong> their families. Promoting children’s well being <strong>and</strong> protection<br />
depends upon effective information sharing, collaboration <strong>and</strong><br />
underst<strong>and</strong>ing between agencies <strong>and</strong> professionals. In the East Riding<br />
there is a diverse <strong>and</strong> wide range of professionals <strong>and</strong> agencies in the<br />
voluntary, private sec<strong>to</strong>r <strong>and</strong> faith groups This provision can be<br />
through the use of paid employees <strong>and</strong> volunteers. As such, they are<br />
often a key part of children’s support <strong>and</strong>/or protection plans. They<br />
may also hold information that is important <strong>to</strong> <strong>Children</strong>’s Services in<br />
undertaking assessments of children’s needs.<br />
A number of organisations are particularly skilled in preventative work<br />
<strong>and</strong> may be well-placed <strong>to</strong> reach the most vulnerable children, young<br />
people <strong>and</strong> families.<br />
Voluntary organisations also deliver advocacy for looked after children<br />
<strong>and</strong> young people <strong>and</strong> for parents <strong>and</strong> children who are the subject of<br />
s47 enquiries <strong>and</strong> child protection conferences. As an advocate, it is<br />
particularly important <strong>to</strong> underst<strong>and</strong> the role within a child protection<br />
arena, such as a Child Protection Conference, in order that they do not<br />
compromise safeguarding the child(ren) when acting as an advocate<br />
for the parent or child.<br />
Voluntary <strong>and</strong> private agencies working with children should also<br />
ensure, as far as possible, that relevant staff <strong>and</strong> volunteers are<br />
supported <strong>and</strong> trained <strong>to</strong>:<br />
be alert <strong>to</strong> potential indica<strong>to</strong>rs of abuse <strong>and</strong> neglect <strong>and</strong> follow<br />
the local <strong>Safe</strong>guarding <strong>Children</strong> Board guidelines <strong>and</strong> <strong>procedure</strong>s<br />
in ensuring appropriate action is taken;<br />
share <strong>and</strong> help <strong>to</strong> analyse information so that informed <strong>and</strong><br />
sound assessments of children <strong>and</strong> their needs can be made;<br />
contribute <strong>to</strong> individual children’s plans <strong>and</strong> the subsequent<br />
reviews; <strong>and</strong><br />
promote positive relationships with children’s parents/carers.<br />
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2 Common Features<br />
Organisations in the voluntary <strong>and</strong> private sec<strong>to</strong>rs that work with<br />
children need <strong>to</strong> have arrangements in place <strong>to</strong> which colleagues in the<br />
statu<strong>to</strong>ry sec<strong>to</strong>r adhere. This ensures effective working with the local<br />
<strong>Safe</strong>guarding <strong>Children</strong> Board <strong>and</strong> will promote volunteer staff <strong>and</strong> paid<br />
staff’s awareness of their responsibilities for safeguarding children <strong>and</strong><br />
young people.<br />
To fulfil their commitment <strong>to</strong> safeguard <strong>and</strong> promote the welfare of<br />
children, all organisations that provide services for, or work with,<br />
children must have:<br />
• Clear priorities for safeguarding <strong>and</strong> promoting the welfare of<br />
children , explicitly stated in strategic <strong>policy</strong> documents<br />
• A clear commitment by senior management <strong>to</strong> the importance of<br />
safeguarding <strong>and</strong> promoting children’s welfare<br />
• A clear line of accountability within the organisation for work on<br />
safeguarding <strong>and</strong> promoting the welfare of children<br />
• Recruitment <strong>and</strong> human resources management <strong>procedure</strong>s that<br />
take account of the need <strong>to</strong> safeguard <strong>and</strong> promote the welfare<br />
of children <strong>and</strong> young people, including arrangements for<br />
appropriate checks on new staff <strong>and</strong> volunteers<br />
• Procedures for dealing with allegations of abuse against<br />
members of staff <strong>and</strong> volunteers<br />
• Arrangements <strong>to</strong> make sure that all staff undertake appropriate<br />
training <strong>to</strong> equip them <strong>to</strong> carry out their responsibilities<br />
effectively, <strong>and</strong> <strong>keep</strong> this up-<strong>to</strong>-date by refresher training at<br />
regular intervals; <strong>and</strong> that all staff, including temporary staff <strong>and</strong><br />
volunteers who work with children, are made aware of the<br />
establishment’s arrangements for safeguarding <strong>and</strong> promoting<br />
the welfare of children <strong>and</strong> their responsibilities for that<br />
• Policies for safeguarding <strong>and</strong> promoting the welfare of children<br />
(e.g. pupils/students) including a child protection <strong>policy</strong>, <strong>and</strong><br />
<strong>procedure</strong>s that are in accordance with guidance <strong>and</strong> locally<br />
agreed inter-agency <strong>procedure</strong>s<br />
• Arrangements <strong>to</strong> work effectively with other organisations <strong>to</strong><br />
safeguard <strong>and</strong> promote the welfare of children, including<br />
arrangements for sharing information<br />
• A culture of listening <strong>to</strong>, <strong>and</strong> engaging in dialogue with, children<br />
– seeking children’s views in ways that are appropriate <strong>to</strong> their<br />
age <strong>and</strong> underst<strong>and</strong>ing <strong>and</strong> taking account of those views in<br />
individual decisions <strong>and</strong> in the establishment or development of<br />
services<br />
• Appropriate whistle-blowing <strong>procedure</strong>s <strong>and</strong> a culture that<br />
enables issues about safeguarding <strong>and</strong> promoting the welfare of<br />
children <strong>to</strong> be addressed.<br />
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Further guidance in developing safeguarding children policies <strong>and</strong><br />
<strong>procedure</strong>s is available from National Council of Voluntary Child Care<br />
Organisations (NCVCCO). www.ncvcco.org<br />
3 Allegations Against <strong>People</strong> Who Work With <strong>Children</strong><br />
<strong>Children</strong> can be subject <strong>to</strong> abuse by those who work with them in any<br />
setting. This may be by a professional, a staff member, a foster carer<br />
or volunteer. All allegations must be taken seriously <strong>and</strong> treated in<br />
accordance with LSCB <strong>procedure</strong>s. These <strong>procedure</strong>s apply <strong>to</strong> all<br />
organisations that provide services for children or provide staff or<br />
volunteers <strong>to</strong> work with or care for children.<br />
All organisations providing services, staff or volunteers <strong>to</strong> work with<br />
or care for children, should operate within the local <strong>Safe</strong>guarding<br />
<strong>Children</strong> Board guidelines <strong>and</strong> <strong>procedure</strong>s.<br />
The guidance will indicate that a person who has behaved in a way<br />
that has<br />
• harmed a child, or may have harmed a child <strong>and</strong><br />
• possibly committed a criminal offence against or related <strong>to</strong><br />
a child or<br />
• behaved <strong>to</strong>wards a child or children in a way that indicates<br />
s/he is unsuitable <strong>to</strong> work with children, in connection with<br />
the person’s employment or voluntary activity<br />
will indicate that the guidance should be applied.<br />
NB The guidance will also apply <strong>to</strong> cases where investigations are<br />
conducted in<strong>to</strong> a paid employee or volunteer’s behaviour <strong>to</strong>ward<br />
his/her own children or family members. Their conduct within or<br />
outside the workplace that gives rise <strong>to</strong> concerns about<br />
safeguarding children would also require following the guidelines<br />
<strong>and</strong> <strong>procedure</strong>s.<br />
In such cases the Police <strong>and</strong>/or <strong>Children</strong>’s Social Care (CSC) will usually<br />
invite the person’s employer, or in the case of volunteers, the manager<br />
of the voluntary organisation <strong>to</strong> any strategy meeting held regarding the<br />
investigation. This meeting would then jointly assess the implications<br />
for children or vulnerable adults with whom the person has contact at<br />
work/in their volunteer role.<br />
4 Sharing Of Information<br />
Promoting children’s well being <strong>and</strong> safeguarding them from significant<br />
harm depends crucially upon effective information sharing, collaboration<br />
<strong>and</strong> underst<strong>and</strong>ing between agencies <strong>and</strong> professionals at all levels.<br />
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Often it is only when information from a number of sources has been<br />
shared <strong>and</strong> is then put <strong>to</strong>gether that it becomes clear that a child is in<br />
need, or is at risk of, or is suffering significant harm.<br />
Professionals should seek, in general, <strong>to</strong> discuss any concerns with the<br />
parents/child (dependent on the child’s underst<strong>and</strong>ing, situation <strong>and</strong><br />
family circumstances) <strong>and</strong> seek their agreement <strong>to</strong> making a referral <strong>to</strong><br />
<strong>Children</strong>’s Social Care, unless <strong>to</strong> do so would place either the child at<br />
increased risk of significant harm or yourself at risk of harm.<br />
Parents/carers may not agree <strong>to</strong> information being shared, but this<br />
should not prevent referrals where child protection concerns persist.<br />
Reasons for dispensing with agreement by the family should be clearly<br />
recorded.<br />
This is reinforced in the Human Rights Act 1998 <strong>and</strong> the Data Protection<br />
Act 1998. Nonetheless, the Acts account for disclosure of information<br />
without the consent of the subject in certain circumstances, for<br />
example, in order <strong>to</strong> safeguard the welfare <strong>and</strong> protection of children<br />
<strong>and</strong> the prevention <strong>and</strong> detection of crime.<br />
In undertaking the above, it is likely <strong>to</strong> be necessary <strong>to</strong> share<br />
information between agencies. Personal information about children <strong>and</strong><br />
families held by professionals <strong>and</strong> agencies is subject <strong>to</strong> a legal duty of<br />
confidence, <strong>and</strong> should not normally be disclosed without the consent of<br />
the subject.<br />
Record Keeping<br />
Good record-<strong>keep</strong>ing is an important part of the role of paid staff <strong>and</strong><br />
volunteers within the voluntary <strong>and</strong> community sec<strong>to</strong>r. It helps <strong>to</strong> focus<br />
work <strong>and</strong> is essential <strong>to</strong> effective working across agencies. Clear <strong>and</strong><br />
accurate records ensure that there is a documented account of an<br />
agency’s involvement with a child <strong>and</strong>/or it’s family. They help with<br />
continuity when there is a change of worker <strong>and</strong> provide an essential<br />
<strong>to</strong>ol for moni<strong>to</strong>ring work <strong>and</strong> providing an essential source of evidence<br />
for investigations <strong>and</strong> enquiries.<br />
It is important <strong>to</strong> note that all notes of meetings, planning for children,<br />
conferences <strong>and</strong> written documents concerning children <strong>and</strong> their<br />
families, could be used in criminal or civil proceedings <strong>and</strong> could be an<br />
essential source of inquiry when investigating harm <strong>to</strong> a child or the<br />
likelihood of harm.<br />
It is therefore important that records should use clear, straightforward<br />
language, be concise <strong>and</strong> be accurate not only in the fact, but also in<br />
differentiating between opinion, judgement <strong>and</strong> hypothesis.<br />
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Records should be clear, accessible <strong>and</strong> comprehensive, with evidence<br />
noting why decisions are taken. Where information is shared with<br />
statu<strong>to</strong>ry agencies <strong>and</strong> subsequent decisions taken, this should be made<br />
clear.<br />
5 Child Welfare Concerns<br />
Common Assessment Framework<br />
The Common Assessment Framework (CAF) provides a common process<br />
for an early holistic approach <strong>to</strong> identify more accurately <strong>and</strong> speedily a<br />
child/young person’s additional needs. It will be used by all those<br />
working with children, young people <strong>and</strong> families <strong>and</strong> will enable them<br />
<strong>to</strong>:<br />
• Develop a common language<br />
• Develop a common underst<strong>and</strong>ing of thresholds of need <strong>and</strong><br />
interventions<br />
• Share information appropriately <strong>and</strong> effectively<br />
• Identify who (agency/organisation/professional <strong>and</strong> family<br />
member) is best placed <strong>to</strong> respond <strong>to</strong> any identified additional<br />
need<br />
• Improve the quality of referrals between agencies<br />
• Prevent duplication for children/families <strong>and</strong> professionals where<br />
further assessment is required<br />
Where a child or young person has additional needs a lead<br />
professional/worker will be identified who will<br />
• Provide a key point of contact for the child, family <strong>and</strong> those<br />
working <strong>to</strong> support them<br />
• Ensure a co-ordinated response <strong>to</strong> meet identified needs<br />
• Plan, moni<strong>to</strong>r <strong>and</strong> review the support <strong>and</strong> services offered<br />
If at any time, during the CAF process, concerns arise that a<br />
child/young person is at risk of significant harm, a referral will need <strong>to</strong><br />
be made <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
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5. ADDITIONAL PRACTICE GUIDANCE<br />
1. ALLEGATIONS OF HARM ARISING FROM UNDER-AGE<br />
SEXUAL ACTIVITY<br />
2. CHILDREN LIVING AWAY FROM HOME<br />
3. DISABLED CHILDREN<br />
4. CHILDREN ABUSED BY CHILDREN AND YOUNG PEOPLE<br />
5. SAFEGUARDING CHILDREN FROM ABUSE THROUGH<br />
INFORMATION COMMUNICATION TECHNOLOGY (I.C.T.)<br />
6. CHILDREN AND FAMILIES WHO GO MISSING<br />
7. CHILDREN AND YOUNG PEOPLE WHO RUN AWAY/GO<br />
MISSING<br />
8. CHILDREN ABUSED THROUGH PROSTITUTION<br />
9. INVESTIGATING COMPLEX (ORGANISED OR MULTIPLE)<br />
ABUSE<br />
10. FORCED MARRIAGE<br />
11. ALLEGATIONS OF ABUSE MADE AGAINST PEOPLE WHO<br />
WORK WITH CHILDREN<br />
12. VISITS BY CHILDREN TO MENTAL HEALTH<br />
UNITS/SPECIAL HOSPITALS<br />
13. SUBSTANCE MISUSE IN PREGNANCY<br />
14. PRE-TRIAL THERAPY<br />
15. DEALING WITH COMPLAINTS<br />
16. MANAGING INDIVIDUALS WHO POSE A RISK OF HARM TO<br />
CHILDREN<br />
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1. ALLEGATIONS OF HARM ARISING FROM UNDER-AGE<br />
SEXUAL ACTIVITY<br />
1. Introduction<br />
The changes in legislation brought about by the Sexual Offences Act<br />
2003, <strong>to</strong>gether with the new statu<strong>to</strong>ry duty <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong> Promote<br />
<strong>Children</strong>’s Welfare introduced in the <strong>Children</strong> Act 2004, require a new<br />
approach <strong>to</strong> the assessment <strong>and</strong> management of sexual offences<br />
involving children <strong>and</strong> young people.<br />
In addition <strong>to</strong> this, recommendations made by Sir Michael Bichard as a<br />
result of his Inquiry, advocates a model of assessment for exercising<br />
professional judgement when responding <strong>to</strong> information which<br />
indicates that children <strong>and</strong> young people are engaged in sexual<br />
activity.<br />
This pro<strong>to</strong>col does not substitute, but complements LSCB child<br />
protection guidelines <strong>and</strong> <strong>procedure</strong>s <strong>and</strong> should be read in<br />
conjunction with this document.<br />
1.1 SEXUAL OFFENCES ACT 2003<br />
The Sexual Offences Act differentiates between certain types of<br />
offence in the context of a victim’s age <strong>and</strong> his or her ability <strong>to</strong> give<br />
consent. In law, a child under 13 is no longer deemed capable of<br />
consenting <strong>to</strong> sexual acts. An act of sexual intercourse therefore<br />
with a child under 13 years old is always an offence of rape (section<br />
5 of the Sexual Offences Act 2003). A person guilty of an offence<br />
under this section is liable, on conviction on indictment, <strong>to</strong><br />
imprisonment for life.<br />
The Act also clarifies the offence of Abuse of Position of Trust (section<br />
21 of the Sexual Offences Act 2003). This offence applies <strong>to</strong> sexual<br />
activity by someone in a position of trust with any child under 18, <strong>and</strong><br />
is designed <strong>to</strong> protect young people up <strong>to</strong> the age of 18, who are<br />
considered <strong>to</strong> be vulnerable <strong>to</strong> abuse <strong>and</strong> exploitation from persons<br />
that hold a position of trust or authority in relation <strong>to</strong> them.<br />
Definitions:<br />
For the purpose of this guidance the key age groups identified are:<br />
<strong>Children</strong> under 13;<br />
<strong>Young</strong> people aged between 13 <strong>and</strong> 15;<br />
<strong>Young</strong> people over the age of consent <strong>and</strong> up <strong>to</strong> the age of 18.<br />
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<strong>Young</strong> people over the age of consent <strong>and</strong> up <strong>to</strong> 18 years may still<br />
suffer sexual harm through exploitation by preda<strong>to</strong>ry adults or through<br />
a sexual partner who is abusing a position of trust.<br />
1.2 THE CHILDREN ACT 2004<br />
Section 11 of the <strong>Children</strong> Act 2004 places a new statu<strong>to</strong>ry duty on<br />
agencies <strong>to</strong> <strong>Safe</strong>guard <strong>and</strong> Promote the Welfare of <strong>Children</strong>. This duty<br />
not only applies <strong>to</strong> the agencies themselves, but also <strong>to</strong> any service<br />
that they commission.<br />
1.3 THE BICHARD INQUIRY RECOMMENDATIONS<br />
The Bichard Inquiry Report identifies the concern that:<br />
“The issue of underage sex may not be taken sufficiently seriously by<br />
the Police or by <strong>Children</strong>’s Social Care generally.”<br />
Bichard goes on <strong>to</strong> reaffirm the guidance set out in <strong>Working</strong> Together<br />
<strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong> <strong>and</strong> What <strong>to</strong> do if You're Worried a Child is being<br />
Abused - where it is clearly prescribed that:<br />
“…The Police should be notified as soon as possible where a criminal<br />
offence has been committed or is suspected of having been committed<br />
against a child.”<br />
To ensure nationally that <strong>procedure</strong>s <strong>and</strong> practice are effective in<br />
safeguarding children <strong>and</strong> young people involved in underage sexual<br />
activity, Bichard reinforces interagency accountability. His report<br />
highlights the need for good communication between the Police,<br />
<strong>Children</strong>’s Social Care <strong>and</strong> other agencies, emphasising that decisions<br />
made should be based on clearly unders<strong>to</strong>od criteria. Further <strong>to</strong> this<br />
the DfES reinforces the requirement that decision-making is clearly<br />
recorded with accountable decision-makers identified. (LASSL<br />
(2004)21).<br />
Whilst recognising the need <strong>to</strong> protect children <strong>and</strong> young people from<br />
sexual harm, Bichard was reluctant <strong>to</strong> recommend imposing<br />
<strong>procedure</strong>s that would remove the capacity for local discretion <strong>to</strong> be<br />
exercised or would lead <strong>to</strong> the referral of cases involving consensual<br />
acts between two young people “either side of the age of consent.”<br />
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1.4 WORKING TOGETHER TO SAFEGUARD CHILDREN 2006<br />
<strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong> (2006) gives the following<br />
guidance:<br />
Under 13’s<br />
“5.24 A child under 13 is not legally capable of consenting <strong>to</strong> sexual<br />
activity. Any offence under the Sexual Offences Act 2003<br />
involving a child under 13 is very serious <strong>and</strong> should be taken<br />
<strong>to</strong> indicate a risk of significant harm <strong>to</strong> the child.<br />
5.25 Cases involving under 13s should always be discussed with a<br />
nominated child protection lead in the organisation. Under the<br />
Sexual Offences Act, penetrative sex with a child under 13 is<br />
classed as rape. Where the allegation concerns penetrative sex,<br />
or other intimate sexual activity occurs, there would always be<br />
reasonable cause <strong>to</strong> suspect that a child, whether a girl or boy,<br />
is suffering or is likely <strong>to</strong> suffer significant harm. There should<br />
be a presumption that the case will be reported <strong>to</strong> <strong>Children</strong>’s<br />
Social Care <strong>and</strong> that a Strategy Discussion will be held. This<br />
should involve <strong>Children</strong>’s Social Care, Police <strong>and</strong> relevant<br />
agencies, <strong>to</strong> discuss appropriate next steps with the professional.<br />
All cases involving under 13s should be fully documented<br />
including detailed reasons where a decision is taken not <strong>to</strong> share<br />
information.<br />
Under 16’s<br />
Sexual activity with a child under 16 is also an offence. Where<br />
it is consensual it may be less serious than if the child were<br />
under 13, but may nevertheless have serious consequences for<br />
the welfare of the young person. Consideration should be<br />
given in every case of sexual activity involving a child aged 13-<br />
15 as <strong>to</strong> whether there should be a discussion with other<br />
agencies <strong>and</strong> whether a referral should be made <strong>to</strong> <strong>Children</strong>’s<br />
Social Care. The professional should make this assessment<br />
using the considerations below. Within this age range, the<br />
younger the child, the stronger the presumption must be that<br />
sexual activity will be a matter of concern. Cases of concern<br />
should be discussed with the nominated child protection lead<br />
<strong>and</strong> subsequently with other agencies if required. Where<br />
confidentiality needs <strong>to</strong> be preserved, a discussion can still take<br />
place as long as it does not identify the child (directly or<br />
indirectly).<br />
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Where there is reasonable cause <strong>to</strong> suspect that significant<br />
harm <strong>to</strong> a child has occurred or might occur, there would be a<br />
presumption that the case is reported <strong>to</strong> <strong>Children</strong>’s Social Care<br />
<strong>and</strong> a Strategy Discussion should be held <strong>to</strong> discuss<br />
appropriate next steps. Again, all cases should be carefully<br />
documented including where a decision is taken not <strong>to</strong> share<br />
information.”<br />
2. Assessment Criteria:<br />
The considerations in the following checklist should be taken in<strong>to</strong><br />
account when assessing the extent <strong>to</strong> which a child/or other children<br />
may be suffering or at risk of harm <strong>and</strong> therefore the need <strong>to</strong> hold a<br />
Strategy Meeting in order <strong>to</strong> share information.<br />
The age of the child. Sexual activity at a young age is a very<br />
strong indica<strong>to</strong>r that there are risks <strong>to</strong> the welfare of the child<br />
(whether boy or girl) <strong>and</strong>, possibly, others;<br />
Behaviour of the child i.e. withdrawn/anxious<br />
The level of maturity <strong>and</strong> underst<strong>and</strong>ing of the child i.e. whether<br />
the young person is competent <strong>to</strong> underst<strong>and</strong> <strong>and</strong> consent <strong>to</strong> the<br />
sexual activity they are involved in;<br />
What is known about the child’s living circumstances or<br />
background;<br />
Familial child sex offences<br />
Age imbalance, in particular where there is a significant age<br />
difference;<br />
Overt aggression or power imbalance, in cases where there is<br />
abuse of a position of trust a referral will always be made<br />
Coercion or bribery including the use of sex for favours i.e.<br />
exchanging sex for clothes, CDs, trainers, alcohol, cigarettes etc.<br />
This could also manifest itself in a young person having large<br />
amounts of money, jewellery or other valuables that cannot be<br />
accounted for<br />
The misuse of substances as a disinhibi<strong>to</strong>r<br />
Whether the child’s own behaviour, because of the misuse of<br />
substances places him/her at risk of harm resulting in an<br />
inability <strong>to</strong> make an informed choice about any activity<br />
Whether any attempts <strong>to</strong> secure secrecy have been made by the<br />
sexual partner beyond what would be considered usual in a<br />
teenage relationship<br />
Whether the child denies, minimises or accepts concerns;<br />
Whether the methods used are consistent with grooming <strong>and</strong>/or<br />
an accompanying adult gives professional cause for concern<br />
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Whether the sexual partner/s is known by one of the agencies<br />
2.1 DISABLED CHILDREN & YOUNG PEOPLE<br />
Disabled children <strong>and</strong> young people are more likely <strong>to</strong> be abused than<br />
non-disabled children; <strong>and</strong> they are especially at risk when they are<br />
living away from home. They may be particularly vulnerable <strong>to</strong><br />
coercion due <strong>to</strong> physical dependency or because a learning disability or<br />
a communication difficulty means that it is not easy for them <strong>to</strong><br />
communicate their wishes <strong>to</strong> another person. This increases the risk<br />
that a sexual relationship may not be consensual. In assessing<br />
whether a relationship presents a risk of harm <strong>to</strong> a disabled child or<br />
young person, professionals need <strong>to</strong> consider the indica<strong>to</strong>rs described<br />
in this pro<strong>to</strong>col.<br />
3. Referral Process<br />
3.1 CHILDREN UNDER 13 YEARS OF AGE<br />
The Sexual Offences Act 2003 states that a child under the age of<br />
13 cannot consent in law <strong>to</strong> sexual activity. Therefore where it is<br />
known that a child under 13 is engaging in sexual activity, a serious<br />
criminal offence has been committed.<br />
In all cases where the sexually active young person is under age of 13,<br />
a full assessment must be undertaken. Each case must be assessed<br />
individually <strong>and</strong> a referral <strong>to</strong> <strong>Children</strong>’s Social Care must be made. In<br />
order for this <strong>to</strong> be meaningful, the young person will need <strong>to</strong> be<br />
identified, as will their sexual partner if details are known.<br />
A decision not <strong>to</strong> refer can only be made following a case discussion<br />
with the designated lead for child protection within the professional’s<br />
employing authority. When a referral is not made, the professional<br />
<strong>and</strong> agency concerned is fully accountable for the decision <strong>and</strong> a good<br />
st<strong>and</strong>ard of record <strong>keep</strong>ing must be made, including the reasons for<br />
not making a referral.<br />
When girl is under 13 is found <strong>to</strong> be pregnant, a referral <strong>to</strong> <strong>Children</strong>’s<br />
Social Care must be made <strong>and</strong> they will hold a Strategy Discussion<br />
with the Police <strong>and</strong>/or other agencies. At this stage a multi agency<br />
support package should be formulated.<br />
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3.2 CHILDREN AND YOUNG PEOPLE AGED 13 AND UP TO 16<br />
YEARS OF AGE<br />
If one or more of the above fac<strong>to</strong>rs identified in sections 2 applies,<br />
then the allegations or referral must be referred <strong>to</strong> <strong>Children</strong>’s Social<br />
Care <strong>and</strong> an interagency Strategy Meeting will take place <strong>to</strong> decide on<br />
further enquiries.<br />
3.3 YOUNG PEOPLE AGED BETWEEN 16 AND 18 YEARS OF AGE<br />
Where there is an allegation of an abusive relationship involving<br />
a young person in this age group the information should be assessed<br />
using the fac<strong>to</strong>rs in section 2 of this pro<strong>to</strong>col.<br />
N.B: Where there are concerns that child/young person may<br />
be at risk of sexual exploitation through prostitution a<br />
referral will always be made <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
3.4 ABUSE OF A POSITION OF TRUST<br />
In all cases where it appears that there is an abuse of position of trust,<br />
a referral must be made either <strong>to</strong> <strong>Children</strong>’s Social Care or the Police<br />
in the first instance <strong>and</strong> an interagency Strategy Meeting will take<br />
place.<br />
N.B: Where the alleged perpetra<strong>to</strong>r is a professional working<br />
with children or an approved carer for a Looked After<br />
child, the case must always be subject <strong>to</strong> joint<br />
consultation or referral.<br />
3.5 RECORDING AND DECISION-MAKING<br />
All agencies must ensure that decisions are recorded, signed <strong>and</strong><br />
dated <strong>and</strong> identify the accountable decision-makers.<br />
If having analysed the information it is considered that one or more<br />
fac<strong>to</strong>rs in sections 2 <strong>and</strong> 6 apply <strong>and</strong>, in your professional judgement,<br />
a decision has been taken not <strong>to</strong> refer <strong>to</strong> <strong>Children</strong>’s Social Care or the<br />
Police, a clear record of the decision must be made, signed <strong>and</strong> dated,<br />
the reasons for the decision <strong>and</strong> the accountable decision-makers.<br />
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An example of when a decision not <strong>to</strong> share information may apply<br />
would be where the two young people concerned are both over 13<br />
years old, are close in age, (for instance 15 <strong>and</strong> 16 years old) <strong>and</strong> are<br />
in a consensual relationship. It should never, however, be assumed<br />
that young people cannot be abused by other young people.<br />
3.6 ACCOUNTABILITY<br />
The guidance <strong>and</strong> <strong>procedure</strong>s prescribed by the DfES <strong>and</strong> the LSCB<br />
must be complied with by any accountable body named in the <strong>Children</strong><br />
Act 2004 or any service commissioned by them, (Section 11 CA 2004).<br />
All other agencies therefore should be aware that decisions made by<br />
them not <strong>to</strong> refer for joint consultation with the Police, could be in<br />
breach of legislation <strong>and</strong> decisions not <strong>to</strong> refer will be subject <strong>to</strong><br />
inspection by CSCI.<br />
“The integrated <strong>Children</strong>’s System should record those cases where a<br />
decision is taken not <strong>to</strong> refer <strong>to</strong> the Police … <strong>and</strong> the Commission for<br />
Social Care Inspection should, as part of any …inspection, review<br />
whether decisions not <strong>to</strong> inform the Police have been properly taken.”<br />
(LASSL (2004) 21)<br />
3.7 INFORMATION SHARING AND CONSENT<br />
In working with <strong>Young</strong> <strong>People</strong> is must always be made clear <strong>to</strong> them<br />
that absolute confidentiality cannot be guaranteed <strong>and</strong> that there will<br />
be some circumstances where the needs of the <strong>Young</strong> Person can only<br />
be safeguarded by sharing information with others. This discussion<br />
can be a useful way of emphasising the seriousness of the situation.<br />
In cases of underage sexual activity where the information received<br />
indicates that the young person may have been a willing party, the<br />
decision <strong>to</strong> share information may be contentious. In such cases the<br />
young person may appear unwilling <strong>to</strong> make a complaint, indicating<br />
that the sexual activity was consensual <strong>and</strong> as such was not abusive.<br />
Professionals will still need <strong>to</strong> assess this in accordance with this<br />
guidance.<br />
The DFES circular LASSL (2004) 21 states that the <strong>Working</strong> Together<br />
guidance <strong>and</strong> <strong>Children</strong> Act 1989 principles should always be applied,<br />
ensuring that the child's welfare is paramount.<br />
The significance of harm should be assessed <strong>and</strong> the criteria as <strong>to</strong><br />
whether or not significant harm has occurred <strong>and</strong>/or an offence has<br />
been committed under the Sexual Offences Act 2003 should be<br />
determined.<br />
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Regardless of consent being given by the subject <strong>to</strong> share the<br />
information, the DfES guidance is clear that:<br />
“The law permits the disclosure of confidential information<br />
necessary <strong>to</strong> safeguard a child or children in the public interest:<br />
that is the public interest in child protection may override the<br />
public interest in maintaining confidentiality.”<br />
3.8 CONSULTATION/INFORMATION SHARING WITH THE<br />
POLICE<br />
Where a decision has been taken by any agency <strong>to</strong> seek information<br />
from the Police <strong>to</strong> inform a risk assessment, the information request<br />
will be dealt with under Humberside Police’s recording guidance under<br />
s.17-information sharing, as with any other child welfare concern.<br />
This sharing of information <strong>to</strong> inform a risk assessment will not<br />
au<strong>to</strong>matically trigger a criminal investigation, even when it is clear that<br />
a crime has been committed <strong>and</strong> is recorded as such by the Police.<br />
The main restrictions on disclosure of information are:<br />
common law duty of confidence;<br />
Human Rights Act 1998;<br />
Data Protection Act 1998<br />
Other statu<strong>to</strong>ry provisions may also be relevant.<br />
but in general, the law will not prevent you from sharing information<br />
with other practitioners if:<br />
those likely <strong>to</strong> be affected consent; or<br />
the public interest in safeguarding the child’s welfare overrides<br />
the need <strong>to</strong> <strong>keep</strong> the information confidential; or<br />
disclosure is required under a court order or other legal<br />
obligation.<br />
Any professional who has concerns about a child but are unclear<br />
whether they should make a referral, can seek advice from <strong>Children</strong>’s<br />
Social Care or the Police.<br />
4. <strong>Children</strong>’s Social Care And Police Response To Referrals<br />
Where a referral or information concerning an alleged sexual offence<br />
against a child/young person is received by <strong>Children</strong>’s Social Care or<br />
the Police a Strategy Meeting involving the referring agency will be<br />
held <strong>and</strong> the usual <strong>procedure</strong>s for responding <strong>to</strong> concerns about<br />
children/young people will be followed.<br />
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5. Summary Of Key Points<br />
<strong>Children</strong> under 13 cannot by law give consent <strong>and</strong> therefore<br />
sexual acts with children under the age of consent will always<br />
constitute an offence <strong>and</strong> must be referred <strong>to</strong> <strong>Children</strong>’s Social<br />
Care <strong>and</strong>/or Police.<br />
Sexual activity between teenagers will often be consensual but<br />
even where a child or young person may appear <strong>to</strong> be a willing<br />
party; such activity may constitute a criminal offence <strong>and</strong> be<br />
indicative of sexual exploitation or child sexual abuse.<br />
The abuse of a Position of Trust can occur with any child/young<br />
person up <strong>to</strong> 18 years of age. Such instances must always be<br />
referred <strong>to</strong> Police or <strong>Children</strong>’s Social Care.<br />
All referrals of underage sexual activity should be assessed <strong>to</strong><br />
establish if they should be subject <strong>to</strong> child protection referrals.<br />
In cases where the child/young person is over 13 years old,<br />
initial checks should be undertaken with key agencies. As a rule<br />
this will include joint consultation with the Police under Section<br />
17, CA 1989.<br />
Initial checks will inform the decision as <strong>to</strong> whether or not a<br />
Section 47 investigation should be undertaken.<br />
In cases where a child is under 13 years of age joint consultation<br />
with the Police will au<strong>to</strong>matically take place under Section 47, CA<br />
1989.<br />
Professional discretion <strong>and</strong> judgment may be exercised on<br />
completion of the checklist.<br />
Where it appears that a criminal offence may have been<br />
committed the joint consultation process should always be<br />
followed, except in those circumstances where it is clearly<br />
inappropriate <strong>to</strong> do so.<br />
A clear record must be made of the decision, the reasons for the<br />
decision <strong>and</strong> who the accountable decision makers were. The<br />
record must be signed <strong>and</strong> dated.<br />
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References:<br />
The <strong>Children</strong> Act 1989<br />
The Bichard Inquiry Report, TSO 2004<br />
What To Do If You’re Worried A Child is Being Abused, DFES 2003/4<br />
Sexual Offences Act 2003<br />
DfES LASSL circular (2004)21<br />
The <strong>Children</strong> Act 2004<br />
<strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong> 2006<br />
THIS PROTOCOL APPLIES TO ALL AGENCIES ACROSS<br />
THE HUMBERSIDE POLICE AUTHORITY AREA<br />
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2. CHILDREN LIVING AWAY FROM HOME<br />
1 General<br />
The second joint Chief Inspec<strong>to</strong>rs’ Report on Arrangements <strong>to</strong><br />
<strong>Safe</strong>guard <strong>Children</strong>, published in July 2005, continued <strong>to</strong> highlight the<br />
safeguarding of children living away from home.<br />
http://www.safeguardingchildren.org.uk/<br />
Concern for the safety of children living away from home has <strong>to</strong> be put<br />
in the context their overall developmental needs <strong>and</strong> achieving the<br />
best possible outcomes for their health <strong>and</strong> development. Every<br />
setting in which children live away from home e.g. foster care,<br />
residential care, private fostering, armed forces base, healthcare<br />
provision, boarding schools (including residential special schools,<br />
prisons, young offenders’ institutions, secure training centres <strong>and</strong><br />
secure units should provide;<br />
basic safeguards against abuse,<br />
protection against all kinds of harm, <strong>and</strong><br />
treating them with dignity <strong>and</strong> respect.<br />
Where children living away from home are in a regulated setting these<br />
values are reflected in the relevant National Minimum St<strong>and</strong>ards which<br />
include specific requirements on safeguarding <strong>and</strong> child protection.<br />
Individual agencies that provide care for children living away from<br />
home should have clear <strong>and</strong> unambiguous <strong>procedure</strong>s <strong>to</strong> respond <strong>to</strong><br />
potential matters of concern about children’s welfare which are in line<br />
with the LSCB’s arrangements.<br />
2 Essential <strong>Safe</strong>guards<br />
There are a number of essential safeguards which should be observed<br />
in all settings in which children live away from home which ensure;<br />
children feel valued <strong>and</strong> respected <strong>and</strong> their self-esteem is<br />
promoted;<br />
there is an openness on the part of the institution <strong>to</strong> the external<br />
world;<br />
external scrutiny, including contact with families <strong>and</strong> the wider<br />
community; staff <strong>and</strong><br />
carers are trained in all aspects of safeguarding children; alert <strong>to</strong><br />
children’s vulnerabilities <strong>and</strong> risks of harm; <strong>and</strong> knowledgeable<br />
about how <strong>to</strong> implement safeguarding children <strong>procedure</strong>s;<br />
children who live away from home are listened <strong>to</strong> <strong>and</strong> their views<br />
<strong>and</strong> concerns responded <strong>to</strong>;<br />
children have ready access <strong>to</strong> a trusted adult outside the<br />
institution, e.g. a family member, the child’s social worker,<br />
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independent visi<strong>to</strong>r <strong>and</strong> or children’s advocate. Including<br />
ChildLine;<br />
staff recognise the importance of ascertaining the wishes <strong>and</strong><br />
feelings of children <strong>and</strong> underst<strong>and</strong> how individual children<br />
communicate by verbal or non-verbal means;<br />
there are clear <strong>procedure</strong>s for referring safeguarding concerns<br />
about a child <strong>to</strong> the relevant local authority;<br />
complaints <strong>procedure</strong>s are clear, effective, user friendly <strong>and</strong> are<br />
readily accessible <strong>to</strong> children <strong>and</strong> young people, including those<br />
with disabilities <strong>and</strong> those for whom English is not their preferred<br />
language.<br />
N.B: Where services are not directly provided, essential<br />
safeguards should be explicitly addressed in contracts<br />
with external providers.<br />
<strong>Children</strong> should be genuinely able <strong>to</strong> raise concerns <strong>and</strong> make<br />
suggestions for changes <strong>and</strong> improvements, which are taken seriously;<br />
furthermore;<br />
bullying is effectively countered;<br />
recruitment <strong>and</strong> selection <strong>procedure</strong>s are rigorous <strong>and</strong> create a<br />
high threshold of entry <strong>to</strong> deter abusers;<br />
there is effective supervision <strong>and</strong> support, which extends <strong>to</strong><br />
temporary staff <strong>and</strong> volunteers;<br />
contrac<strong>to</strong>r staff are effectively checked <strong>and</strong> supervised when on<br />
site or in contact with children;<br />
clear <strong>procedure</strong>s <strong>and</strong> support systems are in place for dealing<br />
with expressions of concern by staff <strong>and</strong> carers about other staff<br />
or carers.<br />
there is respect for diversity <strong>and</strong> sensitivity <strong>to</strong> race, culture,<br />
religion, gender, sexuality <strong>and</strong> disability; <strong>and</strong><br />
staff <strong>and</strong> carers are alert <strong>to</strong> the risks of harm <strong>to</strong> children in the<br />
external environment from people prepared <strong>to</strong> exploit the<br />
additional vulnerability of children living away from home.<br />
3 Foster Care<br />
Foster carers should;<br />
be provided with full information about the foster child <strong>and</strong><br />
his/her family, including details of abuse or possible abuse, both<br />
in the interests of the child <strong>and</strong> of the foster family.<br />
moni<strong>to</strong>r the whereabouts of their foster children, their patterns<br />
of absence <strong>and</strong> contacts.<br />
follow the recognised <strong>procedure</strong> of their agency whenever a<br />
foster child is missing from their home. This will involve notifying<br />
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the placing authority <strong>and</strong> where necessary the Police, of any<br />
unauthorised absence by a child. (see Pro<strong>to</strong>col 6 in Section 5:<br />
“<strong>Children</strong> And Families Who Go Missing”)<br />
The Local Authority’s duty <strong>to</strong> undertake s47 enquiries, when there are<br />
concerns about significant harm <strong>to</strong> a child, applies on the same basis<br />
<strong>to</strong> children in foster care as it does <strong>to</strong> children who live with their own<br />
families. Enquiries should consider the safety of any other children<br />
living in the household, including the foster carers’ own children.<br />
The Local Authority in which the child is living has the responsibility <strong>to</strong><br />
convene a Strategy Discussion, which should include representatives<br />
from the responsible Local Authority that placed the child <strong>and</strong> of the<br />
host fostering service or agency. At the Strategy Discussion it should<br />
be decided which Local Authority should take responsibility for the<br />
next steps, which may include a s47 enquiry.<br />
For further details on s47 enquiries, refer <strong>to</strong> Section 3.3<br />
“Processes for safeguarding <strong>and</strong> promoting the welfare of<br />
children”.<br />
For further detailed guidance on foster care refer <strong>to</strong> “Fostering<br />
Services: National Minimum St<strong>and</strong>ards” at<br />
http://www.dh.gov.uk/assetRoot/04/03/43/84/04034384.pdf<br />
4 Private Fostering<br />
A private fostering arrangement is one that is made privately (that is<br />
<strong>to</strong> say without the involvement of a local authority) for the care of a<br />
child under the age of 16 (under 18, if disabled) by someone other<br />
than a parent or close relative that lasts for 28 days or more.<br />
Privately fostered children are a diverse, <strong>and</strong> sometimes vulnerable,<br />
group <strong>and</strong> include;<br />
children sent from abroad <strong>to</strong> stay with another family, usually <strong>to</strong><br />
improve their educational opportunities;<br />
asylum seeking <strong>and</strong> refugee children;<br />
teenagers who, having broken ties with their parents, are<br />
staying in short term arrangements with friends or other nonrelatives;<br />
<strong>and</strong><br />
language students living with host families.<br />
Local Authority responsibilities:<br />
The <strong>Children</strong> Act 2004 made amendments <strong>to</strong> The <strong>Children</strong> Act 1989<br />
(amending section 67 of, <strong>and</strong> Schedule 8 of the 1989 made by Section<br />
44 of the <strong>Children</strong> Act 2004). With effect from July 2005, local<br />
authorities are required <strong>to</strong> promote awareness in their area of<br />
notification requirements, <strong>and</strong> <strong>to</strong> ensure that such advice as appears<br />
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<strong>to</strong> be required is given <strong>to</strong> those concerned with children who are, or<br />
are proposed <strong>to</strong> be, privately fostered. This will include private foster<br />
carers (proposed <strong>and</strong> actual) <strong>and</strong> parents.<br />
Also with effect from July 2005 the <strong>Children</strong> (Private Arrangements for<br />
Fostering) Regulations 2005 require local authorities <strong>to</strong> satisfy<br />
themselves of the suitability of a proposed arrangement before it<br />
commences (where advance notice is given).The private fostering<br />
regulations require local authorities <strong>to</strong> moni<strong>to</strong>r their compliance with<br />
all their duties <strong>and</strong> functions in relation <strong>to</strong> private fostering, <strong>and</strong> will<br />
place a duty on them <strong>to</strong> appoint an officer for this purpose. There are<br />
minimum visiting requirements which include seeing the child alone.<br />
These measures along with new National Minimum St<strong>and</strong>ards, <strong>and</strong> a<br />
new role for LSCB’s in looking at private fostering services <strong>and</strong> their<br />
effectiveness, are expected <strong>to</strong> improve notification rates <strong>and</strong><br />
compliance with the existing legislative framework, <strong>to</strong> significantly<br />
increase the number of arrangements checked out before a child is<br />
privately fostered <strong>and</strong> provide additional safeguards for privately<br />
fostered children.<br />
Others with responsibilities:<br />
Private foster carers <strong>and</strong> those with parental responsibility are required<br />
<strong>to</strong> notify the local authority of their intention <strong>to</strong> privately foster or <strong>to</strong><br />
have a child privately fostered, or where a child is privately fostered in<br />
an emergency.<br />
Teachers, health <strong>and</strong> other professionals should notify the local<br />
authority of a private fostering arrangement that comes <strong>to</strong> their<br />
attention, where they are not satisfied that the local authorities have<br />
been or will be notified of the arrangement.<br />
The <strong>Children</strong> Act 1989 creates a number of offences in connection with<br />
private fostering, including for failure <strong>to</strong> notify an arrangement or <strong>to</strong><br />
comply with any requirement or prohibition imposed by the authority.<br />
Certain people are disqualified from being private foster carers.<br />
The “National Minimum St<strong>and</strong>ards on Private Fostering” <strong>and</strong> guidance<br />
for local authorities on promoting awareness within their areas is<br />
available at:<br />
http://www.everychildmatters.gov.uk/socialcare/safeguarding/privatef<br />
ostering/.<br />
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5 <strong>Children</strong> in Hospital<br />
The National Service Framework for <strong>Children</strong>, <strong>Young</strong> <strong>People</strong> <strong>and</strong><br />
Maternity Services (NSF), (2004) sets out st<strong>and</strong>ards for hospital<br />
services. St<strong>and</strong>ard 6 of the NSF is <strong>to</strong> be taken alongside the hospital<br />
st<strong>and</strong>ard, which was published in 2003 <strong>to</strong> meet the commitment made<br />
in the Governments response <strong>to</strong> the report of the Public Enquiry in<strong>to</strong><br />
<strong>Children</strong>’s Heart Surgery at the Bris<strong>to</strong>l Royal Infirmary 1984-1995<br />
When children are in hospital, this should not in itself jeopardise the<br />
health of the child or young person further. The NSF requires hospitals<br />
<strong>to</strong> ensure that their facilities are secure, <strong>and</strong> regularly reviewed. There<br />
should be policies relating <strong>to</strong> breaches of security <strong>and</strong> involving the<br />
Police. The Local Authority where the hospital is located is responsible<br />
for the welfare of children in its hospitals.<br />
<strong>Children</strong> should not be cared for on an adult ward. The NSF St<strong>and</strong>ard<br />
for Hospital Services requires care <strong>to</strong> be provided in an appropriate<br />
location <strong>and</strong> in an environment that is safe <strong>and</strong> well-suited <strong>to</strong> the age<br />
<strong>and</strong> stage of development of the child or young person.<br />
Hospitals should be child friendly, safe <strong>and</strong> healthy places for children.<br />
Wherever possible, children should be consulted about where they<br />
would prefer <strong>to</strong> stay in hospital <strong>and</strong> their views should be taken in<strong>to</strong><br />
account <strong>and</strong> respected. Hospital admission data should include the age<br />
of children so that hospitals can moni<strong>to</strong>r whether they are being given<br />
appropriate care in appropriate wards.<br />
N.B: Section 85 of the <strong>Children</strong> Act 1989 requires PCTs <strong>to</strong> notify<br />
the ‘responsible authority’ - i.e. the local authority for the<br />
area where the child is ordinarily resident or where the<br />
child is accommodated if this is unclear, when a child has<br />
been or will be accommodated by the PCT for three<br />
months or more (for example in hospital), so that the<br />
local authority can asses the child’s needs <strong>and</strong> decide<br />
whether services are required under the <strong>Children</strong> Act<br />
1989.<br />
The National Service Framework for <strong>Children</strong>, <strong>Young</strong> <strong>People</strong> <strong>and</strong><br />
Maternity Services (NSF), (2004) is available at<br />
http://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCare<br />
Topics/<strong>Children</strong>Services/<strong>Children</strong>ServicesInformation/fs/en<br />
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6 <strong>Children</strong> in Cus<strong>to</strong>dy (The Juvenile Secure Estate):<br />
The Youth Offending Team is responsible for supporting children<br />
temporarily living within the juvenile secure estate, either on rem<strong>and</strong><br />
awaiting trial or sentence or in cus<strong>to</strong>dy following sentence. The<br />
National St<strong>and</strong>ards For Youth Justice Services set out the minimum<br />
requirements placed upon Youth Offending Teams in terms of planning<br />
<strong>and</strong> ongoing contact with children in cus<strong>to</strong>dy.<br />
<strong>Children</strong> <strong>and</strong> <strong>Young</strong> <strong>People</strong> in cus<strong>to</strong>dy subject <strong>to</strong> a Court Ordered<br />
Secure Rem<strong>and</strong> are also Looked After <strong>Children</strong> who will have a<br />
designated social worker.<br />
The Youth Justice Board for Engl<strong>and</strong> <strong>and</strong> Wales (YJB) has statu<strong>to</strong>ry<br />
responsibility for the commissioning <strong>and</strong> purchasing of all secure<br />
accommodation for children <strong>and</strong> for setting st<strong>and</strong>ards for the delivery<br />
of those services.<br />
The ‘Secure Estate’ comprises:<br />
Prison Service accommodation for juveniles – Juvenile <strong>Young</strong><br />
Offender Institutions (YOIs)<br />
Secure Training Centres<br />
Local Authority Secure <strong>Children</strong>’s Homes<br />
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3. DISABLED CHILDREN<br />
1 Abuse of Disabled <strong>Children</strong><br />
Where there are concerns about the welfare of a disabled child, they<br />
should be acted upon in the same way as with any other child.<br />
Expertise in both safeguarding <strong>and</strong> promoting the welfare of child <strong>and</strong><br />
disability has <strong>to</strong> be brought <strong>to</strong>gether <strong>to</strong> ensure that disabled children<br />
receive the same levels of protection from harm as other children. The<br />
process for Managing Individual Cases in this section applies <strong>to</strong> all<br />
those who may experience harm.<br />
Nevertheless available UK evidence on the extent of abuse among<br />
disabled children suggests that disabled children are at increased risk<br />
of abuse, <strong>and</strong> that the presence of multiple disabilities appears <strong>to</strong><br />
increase the risk of both abuse <strong>and</strong> neglect.<br />
(see st<strong>and</strong>ard 5, 7 <strong>and</strong> 8 of the National Service Framework for<br />
<strong>Children</strong>, <strong>Young</strong> <strong>People</strong> <strong>and</strong> Maternity Services).<br />
http://www.dh.gov.uk/PolicyAndGuidance/HealthAndSocialCareTopics/<br />
<strong>Children</strong>Services/<strong>Children</strong>ServicesInformation/fs/en<br />
Disabled children may be especially vulnerable <strong>to</strong> abuse for a number<br />
of reasons because they may:<br />
have fewer outside contacts than other children;<br />
receive intimate personal care, possibly from a number of<br />
carers, which may both increase the risk of exposure <strong>to</strong> abusive<br />
behaviour, <strong>and</strong> make it more difficult <strong>to</strong> set <strong>and</strong> maintain<br />
physical boundaries;<br />
have an impaired capacity <strong>to</strong> resist or avoid abuse;<br />
have communication difficulties which may make it difficult <strong>to</strong><br />
tell others what is happening;<br />
be inhibited about complaining because of a fear of losing<br />
services;<br />
be especially vulnerable <strong>to</strong> bullying <strong>and</strong> intimidation; <strong>and</strong>/or<br />
be more vulnerable than other children <strong>to</strong> abuse by their peers.<br />
Where a disabled child has communication impairments or learning<br />
disabilities, special attention should be paid <strong>to</strong> communication needs,<br />
<strong>and</strong> <strong>to</strong> ascertain the child’s perception of events, <strong>and</strong> his or her wishes<br />
<strong>and</strong> feelings.<br />
In every area, <strong>Children</strong>’s Social Care <strong>and</strong> the Police should be aware of<br />
nonverbal communication systems, when they might be useful <strong>and</strong><br />
how <strong>to</strong> access them, <strong>and</strong> should know how <strong>to</strong> contact suitable<br />
interpreters or facilita<strong>to</strong>rs.<br />
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Agencies should not make assumptions about the inability of a<br />
disabled child <strong>to</strong> give credible evidence, or <strong>to</strong> withst<strong>and</strong> the rigours of<br />
the court process. Each child should be assessed carefully, <strong>and</strong> helped<br />
<strong>and</strong> supported <strong>to</strong> participate in the criminal justice process when this<br />
is in the child’s best interest <strong>and</strong> the interests of justice.<br />
In criminal proceedings witnesses aged fewer than 17 are<br />
au<strong>to</strong>matically eligible for assistance with giving their evidence. The<br />
special measures they may be provided with include: screens around<br />
the witness box so they do not see the defendant, video recorded<br />
evidence in chief <strong>and</strong> live video links so that they may not have <strong>to</strong> go<br />
in<strong>to</strong> the courtroom at all, <strong>and</strong> intermediaries <strong>and</strong> aids <strong>to</strong><br />
communication <strong>to</strong> facilitate good communication.<br />
Achieving Best Evidence (2002) guidance for investiga<strong>to</strong>rs includes<br />
comprehensive guidance on planning <strong>and</strong> conducting interviews with<br />
children <strong>and</strong> a specific section about interviewing disabled children.<br />
http://www.homeoffice.gov.uk/documents/achieving-best-evidence/guidancewitnesses.pdf?view=Binary <br />
http://www.homeoffice.gov.uk/documents/achieving-best-evidence/guidancewitness-appendices.pdf?view=Binary<br />
2 General safeguarding principles for Disabled <strong>Children</strong><br />
<strong>Safe</strong>guards for disabled children are essentially the same as for nondisabled<br />
children. Particular attention should be paid <strong>to</strong> promoting a<br />
high level of awareness of the risks of harm <strong>and</strong> high st<strong>and</strong>ards of<br />
practice, <strong>and</strong> strengthening the capacity of children <strong>and</strong> families <strong>to</strong><br />
help themselves. Measures should include:<br />
making it common practice <strong>to</strong> help disabled children make their<br />
wishes <strong>and</strong> feelings known in respect of their care <strong>and</strong><br />
treatment;<br />
ensuring that disabled children receive appropriate personal,<br />
health, <strong>and</strong> social education (including sex education);<br />
making sure that all disabled children know how <strong>to</strong> raise<br />
concerns, <strong>and</strong> giving them access <strong>to</strong> a range of adults with<br />
whom they can communicate. Those disabled children with<br />
communication impairments should have available <strong>to</strong> them at all<br />
times a means of being heard;<br />
an explicit commitment <strong>to</strong>, <strong>and</strong> underst<strong>and</strong>ing of disabled<br />
children’s safety <strong>and</strong> welfare among providers of services used<br />
by disabled children;<br />
close contact with families, <strong>and</strong> a culture of openness on the part<br />
of services; <strong>and</strong><br />
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guidelines <strong>and</strong> training for staff on good practice in intimate<br />
care; working with children of the opposite sex; h<strong>and</strong>ling difficult<br />
behaviour; consent <strong>to</strong> treatment; anti-bullying strategies; <strong>and</strong><br />
sexuality <strong>and</strong> sexual behaviour among young people, especially<br />
those living away from home.<br />
(see also “<strong>Safe</strong>guarding Disabled <strong>Children</strong> “ at<br />
www.everychildmatters.gov.uk/safeguarding<br />
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4. CHILDREN ABUSED BY CHILDREN AND YOUNG PEOPLE<br />
1 Peer Abuse<br />
All agencies <strong>and</strong> organizations providing services <strong>to</strong> children <strong>and</strong><br />
families should be aware that children <strong>and</strong> young people can be<br />
perpetra<strong>to</strong>rs of abuse as well as being victims. <strong>Children</strong> living<br />
away from home are particularly vulnerable <strong>to</strong> becoming victims<br />
of physical, sexual <strong>and</strong> emotional bullying <strong>and</strong> abuse by their<br />
peers.<br />
Abuse by peers should be taken just as seriously as abuse<br />
perpetrated by adults <strong>and</strong> should be subject <strong>to</strong> the same<br />
safeguarding <strong>procedure</strong>s as with any other child who is suffering<br />
or at risk of suffering significant harm. A significant proportion of<br />
all sexual offences committed are done so by teenagers.<br />
Practitioners should also remain alert <strong>to</strong> the fact that on<br />
occasions younger children also may commit sexual offences.<br />
Practitioners, staff <strong>and</strong> carers – particularly those looking after<br />
children away from home, will therefore need clear guidance <strong>and</strong><br />
training in order <strong>to</strong> distinguish between consenting, appropriate<br />
peer relationships <strong>and</strong> those that are abusive or exploitative.<br />
Abusive sexual behaviours should not be mistakenly dismissed<br />
as “normal” simply because they take place between teenagers.<br />
When assessing the appropriateness of sexualised activity,<br />
practitioners should refer <strong>to</strong> Pro<strong>to</strong>col 1 in Section 5:<br />
“Additional practice guidance: “Allegations of harm<br />
arising from under-age sexual activity”<br />
<strong>Children</strong> <strong>and</strong> young people who abuse are likely <strong>to</strong> have<br />
considerable needs of their own, as well as posing a risk <strong>to</strong><br />
others Evidence suggests that such children may have been<br />
exposed <strong>to</strong> disruption in their lives, witnessed abuse or violence<br />
<strong>to</strong> others <strong>and</strong> may themselves be victims of sexual abuse.<br />
These children are likely <strong>to</strong> be in need <strong>and</strong> may also be suffering<br />
or at risk of suffering significant harm <strong>and</strong> so need protection.<br />
Although children that abuse should be held responsible for their<br />
behaviour – responses <strong>to</strong> them should be geared <strong>to</strong>wards<br />
meeting their needs as well as protecting others.<br />
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2 Guiding Principles<br />
Managing peer abuse requires that:<br />
There is a co-ordinated approach on the part of<br />
Youth Justice teams, <strong>Children</strong>’s Social Care,<br />
education (including psychology) <strong>and</strong> health<br />
(including Child <strong>and</strong> Adolescent Mental health)<br />
agencies<br />
The needs of children <strong>and</strong> young people who abuse<br />
others is considered separately from the needs of<br />
their victims <strong>and</strong>,<br />
An assessment should be carried out in each case,<br />
taking in<strong>to</strong> account that these children may have<br />
unmet developmental needs along with the specific<br />
needs arising from their behaviour.<br />
3 Responsibilities<br />
LSCBs <strong>and</strong> Youth Offending Teams should ensure that there is a<br />
clear operational framework in place within which – assessment,<br />
decision-making <strong>and</strong> case management take place. No course of<br />
action should be pursued that has implications for other parties<br />
without appropriate consultation taking place between the<br />
relevant parties. Where an offence has been committed or<br />
significant harm is an issue this is likely <strong>to</strong> include the Police <strong>and</strong><br />
<strong>Children</strong>’s Social Care.<br />
4 Assessment<br />
When assessing children <strong>and</strong> young people who abuse others,<br />
key consideration will include as a minimum:<br />
The nature <strong>and</strong> extent of the abuse<br />
The distinction between developmentally normal<br />
experimentation <strong>and</strong> sexually aggressive <strong>and</strong> inappropriate<br />
behaviour. ( Expert professional judgment may be required<br />
<strong>to</strong> assess this)<br />
The context in which the abusive behaviour occurs<br />
The child’s development <strong>and</strong> family circumstances<br />
The needs for services – particularly in relation <strong>to</strong> the<br />
harmful behaviours of the child as well as other significant<br />
needs<br />
The risks <strong>to</strong> self <strong>and</strong> others – including peers, other<br />
children in the household or family <strong>and</strong> other vulnerable<br />
groups or individuals<br />
What steps need <strong>to</strong> be taken or changes made <strong>to</strong> prevent<br />
further incident<br />
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5 Reducing Risk<br />
Risks are unlikely <strong>to</strong> be reduced unless:<br />
The opportunities for <strong>and</strong> circumstances in which abuse<br />
occurs are prevented<br />
The young person acknowledges the abusive behaviour<br />
<strong>and</strong> accepts responsibility<br />
There is agreement both by the child <strong>and</strong>, where<br />
appropriate his or her family, <strong>to</strong> work with relevant<br />
agencies <strong>to</strong> address the problem<br />
The agreed plans <strong>to</strong> address the problems are<br />
implemented by the relevant agencies in partnership with<br />
the young person <strong>and</strong> his or her family<br />
6 Decision–Making<br />
Decision-making for agencies, according <strong>to</strong> their responsibilities,<br />
(including where relevant the Crown Prosecution Service) –<br />
requires consideration being given <strong>to</strong>:<br />
The most appropriate course of action within the criminal<br />
justice system if the child has reached the age of criminal<br />
responsibility<br />
Whether the child or young person (perpetra<strong>to</strong>r)<br />
him/herself should be subject of a Child Protection<br />
Conference<br />
What plan of action should be put in place <strong>to</strong> address the<br />
needs of the perpetra<strong>to</strong>r – detailing the role <strong>and</strong><br />
responsibility of each agency <strong>and</strong> how the plan will be<br />
moni<strong>to</strong>red <strong>and</strong> reviewed<br />
What actions or steps may need <strong>to</strong> be taken <strong>to</strong> protect<br />
others from further abuse<br />
The educational <strong>and</strong> accommodation or placement needs<br />
of the young abuser.<br />
The decision <strong>to</strong> convene a case Conference in respect of the<br />
young abuser will be based on the consideration that he or she<br />
may be at continuing risk of significant harm.<br />
N.B: If he or she is not considered <strong>to</strong> be at risk of harm it<br />
may nevertheless be necessary <strong>to</strong> take a multi-agency<br />
approach <strong>to</strong> managing the young abuser’s needs –<br />
particularly if they are complex.<br />
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7 Bullying<br />
Bullying can be defined as deliberately hurtful behaviour that is<br />
usually repeated over a period of time <strong>and</strong> where it is difficult for<br />
those bullied <strong>to</strong> defend themselves. The impact of bullying on<br />
the individual should not be underestimated <strong>and</strong> in the extreme<br />
can adversely affect the health <strong>and</strong> development of victims,<br />
sometimes leading <strong>to</strong> self-harm.<br />
Bullying can take many forms but the three main ones are:<br />
Physical – for example hitting, kicking, theft, etc<br />
Verbal – for example name-calling, racist comments,<br />
homophobic remarks <strong>and</strong> threats<br />
Emotional – for example isolation, social segregation etc<br />
<strong>Children</strong> in all settings should be protected from bullying. Service<br />
providers, but particularly educational establishments <strong>and</strong> those<br />
services where children are looked after away from home,<br />
should have robust anti-bullying strategies in place <strong>and</strong> staff<br />
should ensure that these strategies are rigorously enforced.<br />
These strategies <strong>and</strong> <strong>procedure</strong>s should be compliant with LSCB<br />
guidelines <strong>and</strong> <strong>procedure</strong>s <strong>and</strong> where there is cause <strong>to</strong> believe<br />
that any child or young person is at risk of suffering significant<br />
harm due <strong>to</strong> bullying – the matter should be referred as with any<br />
other case of harm or abuse.<br />
Where a child appears <strong>to</strong> be suffering or at risk of suffering<br />
significant harm due <strong>to</strong> bullying – the matters should be subject<br />
<strong>to</strong> inquiries under S17 <strong>and</strong> S47, as with any other child at risk of<br />
significant harm.<br />
Again – as with other young people that harm others – the<br />
perpetra<strong>to</strong>rs as well as the victims of bullying should be<br />
considered in their own rights <strong>and</strong> consideration given as <strong>to</strong><br />
whether or not their behaviour is connected with harm they may<br />
have suffered or be suffering.<br />
8 <strong>Children</strong> Whose Behaviour Indicates A Lack Of Parental<br />
Control<br />
<strong>Children</strong> who come <strong>to</strong> the attention of the Police or wider<br />
community due <strong>to</strong> their behaviour may also be vulnerable due <strong>to</strong><br />
poor supervision or neglect. In such cases consideration should<br />
be given as <strong>to</strong> whether or not these children <strong>and</strong> young people<br />
have unmet needs <strong>and</strong> maybe at risk of or suffering significant<br />
harm.<br />
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These children may fall in<strong>to</strong> the categories of those that: harm<br />
others; are perpetra<strong>to</strong>rs of bullying; commit offences against<br />
others; behave anti-socially; are truants from education, are<br />
runaways – or that behave in any such a way that they place<br />
themselves at risk of significant harm either from others or from<br />
themselves.<br />
Regardless of the circumstances in which these children come <strong>to</strong><br />
the attention of professionals <strong>and</strong> service providers, they should<br />
be assessed with a view <strong>to</strong> establishing whether or not they<br />
themselves require assistance or services <strong>to</strong> meet their needs.<br />
Such assistance or services that may be required should be<br />
addressed on a multi-agency basis <strong>and</strong> where significant harm is<br />
an issue this should be referred for consideration under S17 or<br />
S47 as with any other child or young person.<br />
9 Statu<strong>to</strong>ry Intervention<br />
Where engagement with such children <strong>and</strong> young people cannot<br />
be reached on a voluntary basis - the relevant professionals<br />
should ensure that advice is sought with regard <strong>to</strong> measures that<br />
can be taken <strong>to</strong> enable intervention.<br />
10 Child <strong>Safe</strong>ty Orders (CSO)<br />
The Child <strong>Safe</strong>ty Order is a compulsory intervention that is<br />
available <strong>to</strong> be used where the threshold for significant harm is<br />
not reached. The CSO is designed <strong>to</strong> help the child improve his<br />
or her behaviour <strong>and</strong> is likely <strong>to</strong> be used alongside work with the<br />
family <strong>and</strong> others <strong>to</strong> address any underlying problems connected<br />
with lack of parental control or supervision.<br />
Local authorities can apply for a CSO where:<br />
A child has committed an act that would have been an<br />
offence if the child had been over the age of 10 at the time<br />
the act was committed<br />
It is necessary <strong>to</strong> prevent such an act<br />
The child has caused distress, harassment or harm <strong>to</strong><br />
others – i.e. the child has behaved anti-socially<br />
11 Parenting Orders<br />
An application for a Parenting order can be made alongside a<br />
CSO or when a CSO has been breached. The Parenting Order<br />
provides an effective means of engaging with <strong>and</strong> supporting<br />
parents whilst helping them <strong>to</strong> develop their abilities <strong>to</strong><br />
undertake <strong>and</strong> exercise their parental responsibilities.<br />
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5. SAFEGUARDING CHILDREN FROM ABUSE THROUGH<br />
INFORMATION COMMUNICATION TECHNOLOGY<br />
(I.C.T.)<br />
1. Introduction<br />
The range of child abuse definitions <strong>and</strong> concepts are now being<br />
seen in an ICT environment. As technology develops, the internet<br />
<strong>and</strong> its range of content services can be accessed through various<br />
devices.<br />
Also, mobile phones are increasingly used <strong>to</strong> harm children e.g.<br />
bullying, serious assaults <strong>and</strong> contact for the purpose of<br />
grooming.<br />
The internet has, in particular, become a significant <strong>to</strong>ol in the<br />
distribution of indecent pho<strong>to</strong>graphs/pseudo pho<strong>to</strong>graphs of<br />
children. Internet chat rooms, discussion forums <strong>and</strong> bulletin<br />
boards are used as a means of contacting children with a view <strong>to</strong><br />
grooming them for inappropriate or abusive relationships, which<br />
may include requests <strong>to</strong> make <strong>and</strong> transmit pornographic images<br />
of themselves or <strong>to</strong> perform sexual acts live in front of a web cam.<br />
Contacts made initially in a chat room are likely <strong>to</strong> be carried on<br />
via email, instant messaging services, mobile phone or text<br />
messaging. There is also growing cause for concern about the<br />
exposure of children <strong>to</strong> inappropriate material via interactive<br />
communication technology, e.g. adult pornography, <strong>and</strong>/or<br />
extreme forms of obscene material. Allowing or encouraging a<br />
child <strong>to</strong> view such material over an appreciable amount of time<br />
may warrant further enquiry. <strong>Children</strong> themselves can engage in<br />
text bullying <strong>and</strong> use mobile camera phones <strong>to</strong> capture violent<br />
assaults of other children for circulation.<br />
2. Grooming And Online Abuse<br />
Why do child sex abusers like <strong>to</strong> use the internet <strong>to</strong> contact<br />
children?<br />
Child sex abusers find the internet an easier place <strong>to</strong> participate in<br />
a range of child sexual abuse activity including contact with<br />
children due <strong>to</strong> the anonymity of the medium. They will often lie<br />
<strong>and</strong> pretend <strong>to</strong> be younger than they are or people other than<br />
themselves, <strong>and</strong> find a sense of security by operating from the<br />
safety of their own homes. They have been known <strong>to</strong> set up bogus<br />
email accounts <strong>and</strong> chat personas <strong>to</strong> mask their identity online.<br />
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What are the risks <strong>to</strong> children from sex abusers, online?<br />
There are a number of actions which adults will engage in online.<br />
These include:<br />
Swapping child abuse images in chat areas or through<br />
instant messenger with other adults or young people <strong>and</strong> forming<br />
networks with other child abusers <strong>to</strong> share tips on how <strong>to</strong> groom<br />
more effectively <strong>and</strong> how <strong>to</strong> avoid being caught.<br />
Swapping personal information of children that they have<br />
collected with other abusers.<br />
Participating in online communities such as blogs, forums<br />
<strong>and</strong> chat rooms with the intention <strong>to</strong> groom children, collect<br />
sexually explicit images <strong>and</strong> meet them <strong>to</strong> have sex.<br />
What Is Online Grooming?<br />
Online Grooming is:<br />
“A course of conduct enacted by a suspected paedophile, which<br />
would give a reasonable person cause for concern that any<br />
meeting with a child arising from the conduct would be for<br />
unlawful purposes.”<br />
www.netalert.net.au<br />
Often, adults who want <strong>to</strong> engage children in sexual acts, or talk<br />
<strong>to</strong> them for sexual gratification will seek out young people who<br />
desire friendship. They will often use a number of grooming<br />
techniques including building trust with the child through lying,<br />
creating different personas <strong>and</strong> then attempting <strong>to</strong> engage the<br />
child in more intimate forms of communication including<br />
compromising a child with use of images <strong>and</strong> webcams. Child sex<br />
abusers will often use blackmail <strong>and</strong> guilt as methods of securing<br />
a meeting with the child.<br />
3. How We Can Prevent It<br />
All agencies working with children need <strong>to</strong> be alert <strong>to</strong> this form of<br />
child exploitation.<br />
In working with children, all agencies should aim <strong>to</strong> prevent this<br />
kind of abuse by offering advice <strong>to</strong> children <strong>and</strong> their carers.<br />
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The Child Exploitation <strong>and</strong> Online Protection Centre (CEOP) offer<br />
the following tips:<br />
Encourage parents <strong>and</strong> carers <strong>to</strong> know what children are<br />
doing online <strong>and</strong> who they are talking <strong>to</strong> <strong>and</strong> <strong>to</strong> engage<br />
children by asking them <strong>to</strong> teach parents/carers <strong>to</strong> use any<br />
applications they have never used.<br />
Helping children <strong>to</strong> underst<strong>and</strong> that they should never give<br />
out personal details <strong>to</strong> online friends – personal<br />
information includes their messenger id, email address,<br />
mobile number <strong>and</strong> any pictures of themselves, their<br />
family or friends – please note, if a child publishes a<br />
picture or video online, anyone can change it or share it.<br />
It’s not a good idea for children <strong>to</strong> open files that are from<br />
people they don’t know. They won’t know what they<br />
contain, it could be a virus, or worse, an inappropriate<br />
image or film.<br />
Help children <strong>to</strong> underst<strong>and</strong> that some people lie online<br />
<strong>and</strong> that therefore it’s better <strong>to</strong> <strong>keep</strong> online mates online.<br />
They should never meet up with any strangers without an<br />
adult they trust.<br />
Always <strong>keep</strong> communication open for children <strong>to</strong> know that<br />
it’s never <strong>to</strong>o late <strong>to</strong> tell someone if something makes<br />
them feel uncomfortable.<br />
Teach young people how <strong>to</strong> block someone online <strong>and</strong><br />
report them if they fell uncomfortable.<br />
There are people who can help. Report online child abuse<br />
or seek out more advice <strong>and</strong> support.<br />
The Child Exploitation <strong>and</strong> Online Protection Centre (CEOP):<br />
http://www.ceop.gov.uk/<br />
“A partnership between Government, law enforcement, NGO’s<br />
(including children’s charities) <strong>and</strong> industry, with the common aim<br />
of protecting children. It works <strong>to</strong> protect children, families <strong>and</strong><br />
society from paedophiles <strong>and</strong> sex offenders, in particular, those<br />
who seek <strong>to</strong> exploit children sexually online.”<br />
(<strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong>, 2006)<br />
4. What To Do If You Have Concerns<br />
Where there is evidence of a child using ICT excessively, this may<br />
be a cause for concern more generally, in the sense that it may<br />
inhibit the development of real world social relationships or<br />
become a fac<strong>to</strong>r contributing <strong>to</strong> obesity. It may also indicate<br />
either a contemporary problem or a deeper underlying issue which<br />
ought also <strong>to</strong> be addressed.<br />
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There is some evidence that persons found in possession of<br />
indecent pho<strong>to</strong>graphs/pseudo pho<strong>to</strong>graphs of children are likely <strong>to</strong><br />
be involved directly in child abuse. Thus, when somebody is<br />
discovered <strong>to</strong> have placed or accessed such material on the<br />
internet, the Police should normally consider the potential<br />
likelihood that the individual is involved in the active abuse of<br />
children. In particular, the individual’s access <strong>to</strong> children should be<br />
established, within the family, employment contexts, <strong>and</strong> in other<br />
settings (e.g. work with children as a volunteer or in other<br />
positions of trust).<br />
If there are particular concerns about one or more specific<br />
children, it may be necessary <strong>to</strong> undertake, s47 enquiries in<br />
accordance with the guidance contained in Section 3.3 “The<br />
Processes for safeguarding <strong>and</strong> promoting the welfare of children”<br />
5. Who Can Help?<br />
Child Exploitation <strong>and</strong> Online Protection Centre (CEOP).<br />
www.ceop.gov.uk – information <strong>and</strong> latest news releases<br />
from the Child Exploitation <strong>and</strong> Online Protection Centre in<br />
addition <strong>to</strong> providing advice <strong>and</strong> guidance for parents.<br />
www.thinkuknow.co.uk – a website which contains a range of<br />
interactive resources designed <strong>to</strong> educate <strong>and</strong> empower<br />
young people, encouraging them <strong>to</strong> have fun online,<br />
underst<strong>and</strong> the risks <strong>and</strong> <strong>keep</strong> in control when using IT.<br />
www.virtualglobaltaskforce.com is the website of the Virtual<br />
Global Taskforce (currently chaired by CEOP) <strong>and</strong> provides<br />
links <strong>to</strong> a range of relevant national <strong>and</strong> international<br />
resources.<br />
These sites have a prominent “Report Abuse” but<strong>to</strong>n, which allows<br />
children <strong>and</strong> adults <strong>to</strong> report suspicious activity online direct <strong>to</strong><br />
law enforcement.<br />
Internet Watch Foundation (IWF).<br />
http://www.internetwatch.org.uk/<br />
British Educational Communications <strong>and</strong> Technology Agency<br />
(BECTA). www.becta.org.uk<br />
ACPO Document ‘Good Practice Guide for Computer Based<br />
Evidence’<br />
http://www.acpo.Police.uk/asp/policies/Data/gpg_computer_based_<br />
evidence_v3.pdf<br />
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6. CHILDREN AND FAMILIES WHO GO MISSING<br />
1 Introduction<br />
See Paragraphs 11.63 up <strong>to</strong> including 11.70 of “<strong>Working</strong><br />
Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong> 2006”<br />
Local agencies <strong>and</strong> professionals should bear in mind when<br />
working with children <strong>and</strong> families, where there are outst<strong>and</strong>ing<br />
concerns about the children’s safety <strong>and</strong> welfare (including<br />
where the concerns are about an unborn child who may be at<br />
future risk of significant harm), that a series of missed<br />
appointments may indicate that the family has moved out of the<br />
area or overseas.<br />
Whilst it is important that agencies have their own <strong>procedure</strong>s<br />
for attempting <strong>to</strong> locate missing children/families <strong>and</strong> that<br />
information is shared amongst them, <strong>Children</strong>’s Social Care <strong>and</strong><br />
the Police should be informed immediately when such concerns<br />
arise<br />
<strong>Children</strong>’s Social Care, as the lead agency, will take<br />
responsibility for collating this information<br />
2 <strong>Children</strong> Taken Abroad<br />
Particular consideration needs <strong>to</strong> be given <strong>to</strong> appropriate legal<br />
interventions, where it appears that a child, for whom there are<br />
outst<strong>and</strong>ing child protection concerns is removed from the UK by<br />
his/her family in order <strong>to</strong> evade the involvement of agencies with<br />
safeguarding responsibilities.<br />
In the case of children taken overseas it may be appropriate <strong>to</strong><br />
contact the Consular Direc<strong>to</strong>rate at the Foreign <strong>and</strong><br />
Commonwealth Office which offers assistance <strong>to</strong> British nationals<br />
in distress overseas<br />
When a child, who is subject <strong>to</strong> a care order, has been removed<br />
from the UK <strong>Children</strong>’s Social Care, the Police Child Protection<br />
Unit <strong>and</strong> the Child Abduction Section at the Foreign <strong>and</strong><br />
Commonwealth Office should be informed immediately.<br />
Details <strong>to</strong> be found at (www.fco.gov.uk) telephone 020 7008<br />
1500<br />
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3 <strong>Children</strong>’s Social Care Responsibilities<br />
CHILDREN WHO GO MISSING AND HAVE A CHILD<br />
PROTECTION PLAN<br />
When a family moves <strong>to</strong> an unknown address either in or<br />
outside the Authority <strong>and</strong> there are child protection concerns<br />
about the child/family, the Keyworker will:<br />
notify the administra<strong>to</strong>r holding details of those children<br />
with Child Protection Plans <strong>and</strong> / or the Child Protection<br />
Register Administra<strong>to</strong>r; <strong>and</strong><br />
take steps <strong>to</strong> trace the child through other agencies, e.g.<br />
Family Practitioner records, Education Welfare records,<br />
Benefits Agency records, other <strong>Children</strong>’s Social Care,<br />
Probation, Health Authorities as appropriate, Police records<br />
<strong>and</strong> NSPCC local/national offices.<br />
Where efforts <strong>to</strong> trace the child through these sources fails<br />
relevant senior managers should agree what steps will be taken<br />
<strong>to</strong> notify all Child Protection Co-ordina<strong>to</strong>rs nationally with details<br />
of the child <strong>and</strong> family.<br />
Removal of such a child’s name from the Child Protection<br />
Register should not be considered until 6 months have passed,<br />
<strong>and</strong> all reasonable efforts <strong>to</strong> trace the child have failed. The<br />
question of deregistration may then be considered at a Child<br />
Protection Review Conference <strong>to</strong> which reports of the search<br />
efforts are made available.<br />
CHILDREN WHO GO MISSING FROM HOME OR THEIR CARE<br />
PLACEMENT<br />
Looked after children may run away or go missing from their<br />
care placement. The various agencies responsible for the care of<br />
looked after children should underst<strong>and</strong> their respective roles in<br />
these circumstances. This guidance, which has been developed<br />
with the Police, can be found in Pro<strong>to</strong>col 7 in Section 5: “<strong>Children</strong><br />
<strong>and</strong> young people who run away/go missing”.<br />
RESPONSIBILITIES FOR COLLATING INFORMATION ON<br />
ALL CHILDREN AND FAMILIES WHO GO MISSING<br />
<strong>Children</strong>’s Social Care, as the lead agency, has the responsibility<br />
for collating information on all children <strong>and</strong> families who go<br />
missing. Each local authority should have a Designated Manager<br />
who is responsible for ensuring notifications are dealt with<br />
properly.<br />
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This Designated Manager, normally an experienced social<br />
worker, would have this responsibility in addition <strong>to</strong> other duties<br />
for managing information on vulnerable children, e.g. those with<br />
Child Protection Plans, overseeing enquiries plus notifications of<br />
those who pose a risk of significant harm.<br />
The DfES holds a list of all the designated managers in local<br />
authorities in Engl<strong>and</strong> who are responsible for ensuring that<br />
notifications are dealt with properly. This list includes Cus<strong>to</strong>dians<br />
of Child Protection Registers <strong>and</strong> can be used <strong>to</strong> notify local<br />
authorities about children who have gone missing form their<br />
local authority area.<br />
Contact can be made by through:<br />
child.protection@dfes.gsi.gov.uk<br />
The DfES also asks that a copy of all notifications of missing<br />
children be sent <strong>to</strong> the Head of the NSPCC National Child<br />
Protection Helpline. This will enable their team <strong>to</strong> be informed of<br />
missing children. They can be contacted through:<br />
help@nspcc.org.uk<br />
4 <strong>Children</strong> Missing From Education<br />
<strong>Children</strong>’s Missing from Education (CME) refers <strong>to</strong> all children of<br />
compulsory school age who are not on a school roll <strong>and</strong> who are not<br />
receiving a suitable education otherwise e.g. at home, privately, or in<br />
alternative provision.<br />
Every Local Authority is expected <strong>to</strong> have systematic <strong>and</strong> robust<br />
arrangements in place <strong>to</strong> identify children missing from education, so<br />
that suitable provision can be made for them through the most<br />
appropriate agencies <strong>to</strong> ensure that they are safeguarded <strong>and</strong> their<br />
welfare is being promoted.<br />
Particular consideration should be given <strong>to</strong> those;<br />
failing <strong>to</strong> start appropriate provision <strong>and</strong> hence never entering<br />
the system;<br />
ceasing <strong>to</strong> attend, due <strong>to</strong> exclusion (e.g. illegal unofficial<br />
exclusions) or withdrawal; or<br />
failing <strong>to</strong> complete a transition between providers (e.g. being<br />
unable <strong>to</strong> find a suitable school place after moving <strong>to</strong> a new local<br />
authority area).<br />
The personal circumstances or those of their families which may<br />
contribute <strong>to</strong> the withdrawal process <strong>and</strong> the failure <strong>to</strong> make a<br />
transition.<br />
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VULNERABLE GROUPS<br />
There are certain groups of vulnerable children who are more likely<br />
than others <strong>to</strong> go missing form education;<br />
young people who have committed offences;<br />
children living in women’s refuges;<br />
children of homeless families perhaps living in temporary<br />
accommodation;<br />
young runaways;<br />
children with long term medical or emotional problems;<br />
looked after children;<br />
children with a gypsy/traveller background;<br />
young carers;<br />
children from transient families;<br />
teenage mothers;<br />
children who are permanently excluded from school;<br />
migrant children whether in families seeking asylum or economic<br />
migrants.<br />
LOCAL AUTHORITY POINT OF CONTACT FOR CHILDREN<br />
MISSING FROM EDUCATION<br />
There is a Child Missing Education (CME) named point of contact in<br />
every local authority. Every practitioner working with a child has a<br />
responsibility <strong>to</strong> inform their Local Authority CME contact (see section<br />
6 “Contacts”) if they know or suspect that a child is not receiving<br />
education.<br />
To help local agencies <strong>and</strong> professionals a comprehensive Local<br />
Authorities good practice guide for Engl<strong>and</strong> was issued in July 2004, -<br />
Identifying <strong>and</strong> maintaining contact with children missing, or at risk<br />
of going missing, from education.<br />
The direct link below will access this guidance, the current legislative<br />
framework <strong>and</strong> a progress checklist <strong>to</strong> help Local Authorities in the<br />
implementation of effective systems.<br />
www.everychildmatters.gov.uk/resource-<strong>and</strong>-practice/IG00041/<br />
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The duty <strong>to</strong> make arrangements <strong>to</strong> identify children not receiving<br />
education will be in the Education <strong>and</strong> Inspections Bill 2006 which<br />
can be found on the DfES site:<br />
http://www.teachernet.gov.uk/educationoverview/briefing/currentstrategy/education<strong>and</strong>insp<br />
ectionsbill/<br />
CHILDREN MISSING FROM EDUCATION WHO ARE EITHER LOOKED<br />
AFTER CHILDREN OR HAVE A CHILD PROTECTION PLAN /<br />
REGISTRATION<br />
These children <strong>and</strong> young people are by definition very<br />
vulnerable <strong>and</strong> likely <strong>to</strong> be at risk of significant harm <strong>and</strong><br />
Local Authorities must be alert <strong>to</strong> any continuing absences<br />
<strong>and</strong> especial care must be taken <strong>to</strong> ensure any transition<br />
arrangements are moni<strong>to</strong>red <strong>and</strong> effective.<br />
If after making all reasonable enquiries these children have<br />
not been located, then the responsible <strong>Children</strong>’s Social Care<br />
<strong>and</strong> the Police should be informed immediately. Please refer<br />
<strong>to</strong> Section 3.3 for further details.<br />
SCHOOLS AND EDUCATION WELFARE SERVICES<br />
Schools (in conjunction with their Education Welfare Officer) have 4<br />
weeks from the date a child last attended school, <strong>to</strong> make all<br />
reasonable enquiries as <strong>to</strong> the receiving school/new home address.<br />
This is in respect of ALL children leaving a school with no information<br />
provided on where the family has moved <strong>to</strong> or which new school the<br />
child is <strong>to</strong> attend.<br />
Enquiries will involve checking with, for example:<br />
Neighbours,<br />
<strong>Children</strong>’s Social Care teams,<br />
Health, <strong>and</strong> where applicable,<br />
Local Housing Services <strong>and</strong> Benefit Agencies.<br />
Where there are outst<strong>and</strong>ing concerns about the child’s safety <strong>and</strong><br />
welfare <strong>Children</strong>’s Social Care <strong>and</strong> the Police should be informed<br />
immediately when such concerns arise. Particular attention should<br />
be paid <strong>to</strong> children who are known <strong>to</strong> come from families fleeing<br />
domestic violence. Assumptions should not be made about the<br />
whereabouts of missing children <strong>and</strong> all reasonable steps should be<br />
taken <strong>to</strong> locate them.<br />
Where it is known that the family has moved <strong>to</strong> a certain <strong>to</strong>wn or<br />
area, the Local Authority CME contact should use the DfES secure<br />
messaging site <strong>to</strong> request that the Local Authority concerned check<br />
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local databases <strong>and</strong> made enquiries as <strong>to</strong> the child/family’s<br />
whereabouts.<br />
If the child has not returned <strong>to</strong> their original school within 4 weeks<br />
they can be taken off roll <strong>and</strong> their Common Transfer File sent <strong>to</strong> the<br />
DfES S2S Lost Pupil Database in accordance with the Local<br />
Authorities' Schools Procedures for Missing <strong>Children</strong>. The following<br />
link will take you <strong>to</strong> the DfES secure website for information <strong>and</strong><br />
guidance on the S2S website.<br />
http://www.teachernet.gov.uk/management/ims/datatransfers/s2s/<br />
At this point the school/EWO should notify the Local Authority CME<br />
contact. (See section 6: “Contacts”)<br />
NB: A copy of this notification should also go <strong>to</strong> the Local<br />
Authority Designated Manager referred <strong>to</strong> in Section 3 above,<br />
who has responsibility for collating all information on Missing<br />
<strong>Children</strong> <strong>and</strong> Families<br />
CHILDREN MISSING FROM EDUCATION - REVIEW<br />
ARRANGEMENTS.<br />
Where a child is still missing from Education at the end of the 4<br />
week period <strong>and</strong> their name has been removed from the school roll<br />
the Local Authority ME Officer should review the missing status<br />
at regular intervals.<br />
The purpose of the review is <strong>to</strong> maintain vigilance <strong>and</strong> ensure<br />
children <strong>and</strong> young people do not become lost <strong>and</strong> merely a statistic.<br />
Liaison between agencies should include joint reviews with <strong>Children</strong>’s<br />
Social Care when additional needs have been assessed or potential<br />
risk of significant harm identified.<br />
Consideration should always be given during these reviews as <strong>to</strong><br />
whether further actions or notifications are required because the<br />
whereabouts of the child or young person are still unknown. Please<br />
refer <strong>to</strong> Section 3 above for full details.<br />
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5 Health Services<br />
In addition <strong>to</strong> following the general guidance contained within this<br />
pro<strong>to</strong>col the <strong>procedure</strong> for the tracing <strong>and</strong> notification of missing<br />
families when children are on the Child Protection Register or where<br />
child welfare concerns exist within Health Services is as follows:<br />
Practitioners should make, as appropriate, checks re: change of<br />
address with:<br />
The General Practitioner;<br />
<strong>Children</strong>’s Social Care;<br />
Housing;<br />
Education Welfare Service<br />
Other professionals involved.<br />
If unable <strong>to</strong> locate, inform the <strong>Safe</strong>guarding <strong>Children</strong> Team (by<br />
telephone (01482) 617839 need <strong>to</strong> check) giving the following<br />
details;<br />
Family surnames<br />
Names of mother/father/partner <strong>and</strong> dates of birth if<br />
known<br />
Names of children <strong>and</strong> dates of birth<br />
Last known General Practitioner<br />
Previous address/s<br />
Brief details re: concern e.g. on the Child Protection<br />
Register, category, recently removed from the Child Protection<br />
Register, etc.<br />
The <strong>Safe</strong>guarding <strong>Children</strong> NHS Team will send out a missing family<br />
alert <strong>to</strong>:<br />
Health Visi<strong>to</strong>rs/School Nurse Managers;<br />
Minor Injuries Units;<br />
Paediatric Liaison Nurse @ Hull Royal Infirmary;<br />
Child Health Department, Vic<strong>to</strong>ria House.<br />
Education Welfare Service<br />
N.B: If the family are believed <strong>to</strong> be in another area of the<br />
country, an alert will also be sent via the Senior Nurse<br />
Child Protection in those areas.<br />
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NB: A copy of this notification should also go <strong>to</strong> the Local<br />
Authority Designate Manager referred <strong>to</strong> in Section 3<br />
above, who has responsibility for collating all<br />
information on Missing <strong>Children</strong> <strong>and</strong> Families<br />
In the event of the whereabouts of the family becoming known, the<br />
Child Protection Team should be notified <strong>and</strong> a traced notification will be<br />
sent out <strong>to</strong> the recipients of the missing alert <strong>and</strong> the case holder, as<br />
well as the Education Welfare Service, <strong>Children</strong>’s Social Care <strong>and</strong> the<br />
Police.<br />
6 Other Sources Of Advice<br />
Other sources of information for advice about missing children are<br />
available. The National Missing Person’s Helpline includes both Looked<br />
After <strong>and</strong> Education sections on its site which is accessed via;<br />
www.missingpersons.org<br />
Details on the new national Child Alert Rescue system launched across<br />
all Police Authorities in Engl<strong>and</strong> <strong>and</strong> Wales in March 2006 can be found<br />
on the Parents <strong>and</strong> Abducted <strong>Children</strong> Together (PACT) website<br />
www.pact-online.org<br />
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7. CHILDREN AND YOUNG PEOPLE WHO RUN AWAY/GO<br />
MISSING<br />
1 Introduction<br />
Running away is a dangerous activity that puts children <strong>and</strong> young<br />
people at risk. <strong>Children</strong> <strong>and</strong> young people who go missing are at risk of<br />
violence, victimisation, sexual exploitation <strong>and</strong> involvement in crime.<br />
Running away is an important signal that something is seriously wrong<br />
in a young person’s life. The majority of runaways have experienced<br />
family conflict or family break-up, whilst some young people are running<br />
away because they are depressed, or because they are being bullied at<br />
school. Looked after children may run away as they are unhappy in their<br />
care placement, or because they want <strong>to</strong> return <strong>to</strong> their families.<br />
<strong>Children</strong> who run away are frequently facing a range of problems. They<br />
are more likely than their peers <strong>to</strong> have drug problems, be in trouble<br />
with the Police, <strong>and</strong> be truanting or <strong>to</strong> have been physically abused.<br />
It is important, therefore, that all statu<strong>to</strong>ry <strong>and</strong> voluntary agencies in<br />
contact with children should work collaboratively when children go<br />
missing <strong>to</strong> provide an adequate <strong>and</strong> prompt response, which will enable<br />
everything possible <strong>to</strong> be done <strong>to</strong> make sure that they are found <strong>and</strong><br />
made safe.<br />
Most children <strong>and</strong> young people who run away do not stay away for a<br />
long time. These young people may be helped <strong>to</strong> return home by the<br />
provision of advice, counselling or other support services. However<br />
some children may be experiencing more serious problems <strong>and</strong> these<br />
are likely <strong>to</strong> be;<br />
<strong>Young</strong>er children<br />
<strong>Children</strong> who run away repeatedly<br />
<strong>Young</strong> people running from care placements.<br />
<strong>Children</strong>’s Social Care <strong>and</strong> Police frequently work <strong>to</strong>gether when a child<br />
is missing. This pro<strong>to</strong>col has been developed <strong>to</strong> assist in this joint<br />
working <strong>to</strong> ensure that those agencies involved with children who are<br />
missing, whether they are looked after children or children who have<br />
gone missing from home, are clear about their responsibilities <strong>and</strong> the<br />
actions <strong>to</strong> be taken in order <strong>to</strong> ensure the safety of the missing child<br />
prior <strong>to</strong> <strong>and</strong> following their return.<br />
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This pro<strong>to</strong>col should be followed in conjunction with your own Agency<br />
<strong>procedure</strong>s.<br />
2 Looked After <strong>Children</strong><br />
2.1 DEFINITIONS & RISK ASSESSMENT<br />
When a child is missing, whatever the circumstances, the Local<br />
Authority should carry out a risk assessment, which will enable the<br />
Authority <strong>to</strong> decide whether or not <strong>to</strong> refer the matter <strong>to</strong> the Police in<br />
the first instance.<br />
A ‘‘looked after’’ child will be considered "missing" if he or she is absent<br />
from his/her place of residence without authority <strong>to</strong> a degree, or in<br />
circumstances where the absence causes concern for either the safety of<br />
the child or the public.<br />
Absences which cause concern are those where staff or carers have no<br />
indication that a child is likely <strong>to</strong> return within a short space of time or<br />
where there is immediate concern for the child`s safety.<br />
Some Local Authorities routinely report all children whose whereabouts<br />
are unknown, including those not back by a certain time, as missing.<br />
This involves unnecessary work on the part of the Police, when in fact<br />
the whereabouts of the child is known, they are not at risk <strong>and</strong> are<br />
testing boundaries.Therefore Local Authorities should make every effort<br />
<strong>to</strong> locate <strong>and</strong> or ascertain the whereabouts of any child <strong>and</strong> secure their<br />
return before contacting the Police.<br />
These cases, for the purposes of this pro<strong>to</strong>col, will be defined as cases<br />
of “unauthorised absence” <strong>and</strong> children falling in<strong>to</strong> this category should<br />
not be referred <strong>to</strong> the Police. However, moni<strong>to</strong>ring of the situation may<br />
necessitate reclassification of the child as “missing” <strong>and</strong> at that stage<br />
the child should be referred <strong>to</strong> the Police.<br />
Continuing unauthorised absences should be reviewed at regular<br />
intervals, <strong>and</strong> at least every 6 hours. <strong>Children</strong> who are still absent after<br />
12 hours should be reported <strong>to</strong> the Police as missing. It is also<br />
recommended that as an “unauthorised overnight absence” approaches<br />
then the absence needs <strong>to</strong> be reviewed <strong>and</strong> a decision taken <strong>and</strong><br />
recorded as <strong>to</strong> whether the Police should be informed.<br />
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Any child, whose whereabouts are unknown, following a risk<br />
assessment, should be reported <strong>to</strong> the Police as “missing”. Police will<br />
always pursue a case of a missing child where circumstances are<br />
suspicious <strong>and</strong>/or the absence gives cause for concern for the safety of<br />
the child or others.<br />
It is vital that <strong>Children</strong>’s Social Care have a return plan <strong>and</strong> or<br />
contingency plans in place for when the child is located.<br />
2.2. ROLE AND RESPONSIBILITY OF CHILDREN’S SOCIAL CARE<br />
Before a child starts a placement consideration should be given <strong>to</strong> the<br />
possibility of him/her going missing <strong>and</strong>, if this is likely, there should be<br />
a specific risk assessment which focuses on this issue. The risk<br />
assessment should look at what the risk is likely <strong>to</strong> be of the child going<br />
missing, what level of risk going missing would present <strong>to</strong> the child or<br />
others, the level of supervision or support <strong>to</strong> be offered <strong>to</strong> the child <strong>and</strong><br />
the parent's views on what should be done in the event of their child<br />
going missing. This will form part of the Care Plan <strong>and</strong> a copy of the<br />
risk assessment form (called "Missing From Care: Risk Assessment" -<br />
see Social Care Child Care Procedures) will be kept on the child's file.<br />
Under certain circumstances it may be inappropriate <strong>to</strong> conduct such a<br />
risk assessment, for example in the case of a baby being placed with<br />
foster carers. Any decision made not <strong>to</strong> carry out an assessment of the<br />
risk of the child going missing should be recorded with reasons why on<br />
the child's file at point of entry <strong>to</strong> the placement.<br />
Separate <strong>procedure</strong>s deal with what <strong>to</strong> do if a parent/carer absconds<br />
with a child <strong>and</strong> should be referred <strong>to</strong>.<br />
Where appropriate the young person will be <strong>to</strong>ld what will happen if<br />
he/she goes missing <strong>and</strong> will have had the details of this <strong>procedure</strong><br />
explained <strong>to</strong> them.<br />
In the event of a young person being absent without consent, this risk<br />
assessment will be reviewed in the light of what is known of the child<br />
<strong>and</strong> the fac<strong>to</strong>rs prior <strong>to</strong> their being absent <strong>and</strong> any of the above<br />
definitions.<br />
Staff should refer <strong>to</strong> <strong>Children</strong>’s Social Care Child Care Procedures<br />
"Looked after <strong>Children</strong> Whose Whereabouts are Unknown" for full details<br />
on assessment <strong>procedure</strong>s <strong>to</strong> be followed <strong>and</strong> reporting mechanisms.<br />
Any child whose risk assessment defines them as high risk for<br />
any “missing” episode will be reported <strong>to</strong> the Police<br />
immediately.<br />
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The child will not be defined <strong>and</strong> recorded as missing until such time as<br />
the risk assessment changes the definition <strong>and</strong> triggers a report <strong>to</strong> the<br />
Police. During this period, <strong>Children</strong>’s Social Care will be acting as a<br />
reasonable parent in taking all practical steps <strong>to</strong> establish the<br />
whereabouts of the child.<br />
Never the less, young people who are absent without consent may come<br />
<strong>to</strong> the attention of the Police whether or not they have been reported<br />
“missing”.<br />
Generally, <strong>Children</strong>’s Social Care will locate <strong>and</strong> return a child when<br />
found, however, if there are specific issues of safety or public order<br />
difficulties involved in returning the child, appropriate action should be<br />
agreed between <strong>Children</strong>’s Social Care <strong>and</strong> Police.<br />
Any child defined as being “missing”, either at the point of Initial<br />
Assessment or during assessment reviews, will be reported as missing<br />
<strong>to</strong> the Police. Details of the child’s current risk assessment <strong>and</strong> all<br />
further information required by the Police will be provided at this stage.<br />
In accordance with <strong>Children</strong>’s Social Care <strong>procedure</strong>s, relevant<br />
paperwork will be completed at appropriate stages <strong>and</strong> Police kept fully<br />
informed of any changes.<br />
If the absence continues <strong>and</strong> after the Police, Social Worker <strong>and</strong> parents<br />
have been informed, for a child missing from residential care, the Home<br />
Manager should inform all children <strong>and</strong> staff within the Home. The<br />
child’s school should also be informed. Any information obtained from<br />
people following from this or at any other time should be passed <strong>to</strong> the<br />
Police.<br />
It is vital that <strong>Children</strong>’s Social Care have a return plan <strong>and</strong> or<br />
contingency plans in place for when the child is located<br />
2.3 ROLE AND RESPONSIBILITY OF THE POLICE<br />
The Police should be confident that all children reported by <strong>Children</strong>’s<br />
Social Care fit the criteria <strong>and</strong> are missing. At the point of reporting<br />
missing, <strong>Children</strong>’s Social Care will provide comprehensive information<br />
<strong>to</strong> enable all risk fac<strong>to</strong>rs <strong>to</strong> be considered. The Police may need <strong>to</strong><br />
circulate the missing child’s description locally, regionally or nationally,<br />
enter information on<strong>to</strong> the Police computer etc. The Police should refer<br />
<strong>to</strong> their “Missing Person Practice Directions” for further guidance.<br />
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Whilst the child is missing <strong>Children</strong>’s Social Care retain responsibility for<br />
them.<br />
There will be a need for regular liaison <strong>and</strong> communication between<br />
<strong>Children</strong>’s Social Care <strong>and</strong> Police until the young person is found.<br />
When found, a ‘looked after’ child who has been notified as missing<br />
should be encouraged <strong>to</strong> explain the reasons they were missing <strong>and</strong> will<br />
not be returned <strong>to</strong> the place from which she/he went missing without<br />
consultation with their Social Worker, or the Emergency Duty Team.<br />
Consultation will take place in all cases, particularly when the child is<br />
refusing <strong>to</strong> return <strong>and</strong> when there are concerns about the child that may<br />
or may not be child protection concerns. See the section below on<br />
returning missing children.<br />
If appropriate, a referral may be made <strong>to</strong> the <strong>Children</strong>’s Social Care <strong>and</strong><br />
the Police Family Protection Team under child protection <strong>procedure</strong>s <strong>and</strong><br />
a Strategy Discussion/Meeting held.<br />
In line with recommendations from the North Wales Tribunal, a log of all<br />
absconsions at children’s homes should be kept at local Police stations<br />
<strong>and</strong> made accessible, when required, <strong>to</strong> <strong>Children</strong>’s Social Care staff.<br />
There will be annual reviews concerning the working of this pro<strong>to</strong>col<br />
with Senior Officers from <strong>Children</strong>’s Social Care <strong>and</strong> the Police.<br />
Relevant staff from <strong>Children</strong>’s Social Care <strong>and</strong> the Police should<br />
regularly scrutinise records <strong>to</strong> ascertain whether there are patterns of<br />
children or young persons going missing which raise concerns either for<br />
individual children for specific establishments.<br />
In circumstances where a child has repeatedly gone missing, or<br />
frequently comes <strong>to</strong> the attention of the Police as a consequence of<br />
persistently absenting his/herself from his/her placement, serious<br />
consideration needs <strong>to</strong> be given <strong>to</strong> the reasons for this. A multi – agency<br />
meeting should be convened at the request of either <strong>Children</strong>’s Social<br />
Care or The Police, for this purpose, <strong>and</strong> <strong>to</strong> develop an action plan <strong>to</strong><br />
manage any further incidents. The assessment of risk should be<br />
reviewed <strong>and</strong>, if appropriate, amended.<br />
Concerns for establishments should be brought <strong>to</strong> the attention of<br />
relevant <strong>Children</strong>’s Social Care area manager <strong>and</strong> for the Police the DI<br />
for the local Family Protection Team<br />
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It is for the Police (at Divisional Comm<strong>and</strong>er level) <strong>to</strong> advise the media<br />
regarding a child missing from the care of the Local Authority. A<br />
decision <strong>to</strong> contact the media will be made in consultation with<br />
<strong>Children</strong>’s Social Care <strong>and</strong> with prior warning <strong>to</strong> the child’s family.<br />
REPORTING MECHANISMS<br />
For <strong>Children</strong>’s Social Care absences of 12 hours, 24 hours <strong>and</strong> 48 hours<br />
will be reported by the residential establishment or the foster carer <strong>to</strong><br />
the relevant <strong>Children</strong>’s Social Care Area Manager. Thereafter, every 48<br />
hours the form "Notification of Missing <strong>Children</strong>" will be completed <strong>and</strong><br />
sent <strong>to</strong> relevant senior officer within <strong>Children</strong>’s Social Care.<br />
If a child is missing for 7 days there will be a Strategy Meeting of Senior<br />
Officers <strong>and</strong> other appropriate staff from <strong>Children</strong>’s Social Care <strong>and</strong> the<br />
Police. At 7 days, the Police Force Intelligence Unit will notify the Police<br />
National Missing Persons Bureau of the missing person.<br />
The Police Missing Person Practice Direction states that a further review<br />
should take place within 35 days of the original notification <strong>and</strong> in the<br />
event of the child still being missing another review within 77 days of<br />
the original notification.<br />
The relevant Head of <strong>Children</strong>’s Services <strong>and</strong> senior Police Officers will<br />
therefore review episodes of absence lasting 11 weeks <strong>and</strong> thereafter at<br />
12 weekly intervals until their safety is ascertained.<br />
All files will remain live until the person is traced or the Divisional<br />
Comm<strong>and</strong>er is satisfied that all lines of inquiry have been exhausted.<br />
The Assistant Chief Constable will take the decision <strong>to</strong> file or otherwise.<br />
If the decision is made <strong>to</strong> file, the Force Intelligence Bureau will bring<br />
forward the file for review by the Detective Superintendent 12 months<br />
after the file date.<br />
2.5 RECORDING<br />
Throughout the processes identified within this pro<strong>to</strong>col <strong>and</strong> within own<br />
Agency <strong>procedure</strong>s, a full record must be kept of all actions taken <strong>and</strong><br />
decision-making. This includes the giving <strong>and</strong> receiving of messages.<br />
Both <strong>Children</strong>’s Social Care <strong>and</strong> Police must <strong>keep</strong> such records. These<br />
records must be retained for audit purposes in line with local agency<br />
<strong>procedure</strong>s.<br />
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2.6 RETURN OF THE CHILD/YOUNG PERSON<br />
If the child’s absence falls within this pro<strong>to</strong>col <strong>and</strong> continues for a few<br />
hours, <strong>Children</strong>’s Social Care, in consultation with parents <strong>and</strong> Police,<br />
should plan for what will happen when the child is located. Such plans<br />
should include the following considerations:<br />
Will the child return <strong>to</strong> the previous placement (this may depend on<br />
what the child has <strong>to</strong> say about why she/he went missing)?<br />
How will he/she be taken back?<br />
Do the Police wish <strong>to</strong> speak with the child prior <strong>to</strong> their return <strong>to</strong> the<br />
placement?<br />
Who will be an appropriate person <strong>to</strong> speak with the child when<br />
she/he is found?<br />
<strong>Children</strong>’s Social Care <strong>and</strong> Police will cooperate with such plans. The<br />
discussion around planning for the return of the child may consider the<br />
powers of the <strong>Children</strong>’s Social Care <strong>and</strong> Police <strong>to</strong> enforce a return if<br />
the child resists. This may include, in specific circumstances following<br />
consultation with the <strong>Children</strong>’s Social Care legal services. Use of a<br />
Recovery Order<br />
When the child is found, consideration should be given <strong>to</strong> medical<br />
issues <strong>and</strong> any medical assessment or treatment necessary should be<br />
given.<br />
All relevant parties should be informed, including family, <strong>Children</strong>’s<br />
Social Care/Police (depending on who found the child), <strong>and</strong> the<br />
residential Home/foster carer, as appropriate.<br />
Where found by the Police the child will not be returned <strong>to</strong> the<br />
Home/foster placement without reference <strong>to</strong> the <strong>Children</strong>’s Social Care<br />
plan for returning the child <strong>and</strong> a subsequent consultation with their<br />
Social Worker or the Emergency Duty Team.<br />
An independent person should see the child as soon as possible on<br />
their return <strong>and</strong> away from the Home if necessary. The independent<br />
person should have no formal line management links with the Home or<br />
foster carer <strong>and</strong> should not be related in any way <strong>to</strong> staff in the Home<br />
or the foster carers. The independent person could be a Social Worker<br />
(not the child's own Social Worker) or anyone the child chooses, for<br />
example, their Independent Visi<strong>to</strong>r or the Child Rights Officer.<br />
The purpose of this is <strong>to</strong> assess the risk <strong>to</strong> the child of his/her<br />
behaviour, the possible reasons for it <strong>and</strong> the follow-up action<br />
required. This action should take place within the timescales advised in<br />
the <strong>Children</strong>’s Social Care's practice guidance <strong>and</strong> <strong>procedure</strong>s. The<br />
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child will have the process explained <strong>to</strong> them <strong>and</strong> such an interview<br />
will only be carried out with the child's consent.<br />
Issues of confidentiality will have been discussed with the child before<br />
the interview. Any concerns raised about possible abuse as a result of<br />
the interview will be referred <strong>to</strong> <strong>Children</strong>’s Social Care <strong>and</strong> Police<br />
within the child protection <strong>procedure</strong>s <strong>and</strong> the child will have been<br />
made aware of this as a possible course of action during the discussion<br />
around confidentiality.<br />
In all cases, whether or not referred in<strong>to</strong> LSCB <strong>procedure</strong>s, the child's<br />
Social Worker or Residential Care Officer will attach a report of the<br />
interview <strong>to</strong> the Risk Assessment document <strong>and</strong> ensure a copy is sent<br />
<strong>to</strong> the relevant moni<strong>to</strong>ring officer within <strong>Children</strong>’s Social Care.<br />
3. Looked After <strong>Children</strong> Placed Away From Their Home Area.<br />
3.1 APPLICABILITY of THE PROTOCOL<br />
The joint arrangements set out in section 2 of this pro<strong>to</strong>col apply <strong>to</strong><br />
children placed by <strong>Children</strong>’s Social care within the geographical area<br />
Local <strong>Safe</strong>guarding <strong>Children</strong> Board.<br />
When children are placed by <strong>Children</strong>’s Social Care outside of this<br />
geographical area, <strong>Children</strong>’s Social Care will apply this pro<strong>to</strong>col as far<br />
as possible, whilst meeting the requirements of any pro<strong>to</strong>cols <strong>and</strong><br />
<strong>procedure</strong>s of the Local <strong>Safe</strong>guarding <strong>Children</strong> Board for the area<br />
where the child is placed.<br />
3.2 CHILDREN PLACED WITHIN A CHILDREN’S SOCIAL CARE<br />
AREA<br />
Many children are placed by other local authorities <strong>Children</strong>’s Social<br />
Cares in foster care or residential placements situated within an LSCB<br />
area, but managed by private providers. It is expected that all<br />
providers of foster care or residential care operating within the area<br />
covered by the relevant Local <strong>Safe</strong>guarding <strong>Children</strong> Board will have in<br />
place pro<strong>to</strong>cols <strong>and</strong> <strong>procedure</strong>s <strong>to</strong> manage incidents of children<br />
missing from their care which meet the requirements of the relevant<br />
regulations, <strong>and</strong> which are compatible with the <strong>procedure</strong>s <strong>and</strong><br />
pro<strong>to</strong>cols as outlined in section 2.<br />
The private provider <strong>and</strong> relevant local authority should agree how<br />
they will meet the role <strong>and</strong> responsibilities assigned <strong>to</strong> <strong>Children</strong>’s<br />
Social Care in section 2. If it appears <strong>to</strong> the LSCB that adequate<br />
arrangements do not appear <strong>to</strong> be in place, or that arrangements are<br />
inadequate, the LSCB will bring this <strong>to</strong> the attention of the private<br />
provider <strong>and</strong> CSCI.<br />
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A child placed in a host Local Authority by another Local Authority who<br />
has been reported missing <strong>and</strong> then subsequently found in this area,<br />
may be referred <strong>to</strong> the relevant <strong>Children</strong>’s Social Care by the Police as<br />
a child in need, in circumstances where it would not be appropriate for<br />
the child <strong>to</strong> return <strong>to</strong> his/her care placement.<br />
The relevant <strong>Children</strong>’s Social Care will then liaise with the placing<br />
authority <strong>to</strong> ensure that appropriate arrangements are made for the<br />
child or young person.<br />
4. <strong>Children</strong> And <strong>Young</strong> <strong>People</strong> Who Go Missing From Home.<br />
Many young people who run away from home are likely <strong>to</strong> be children<br />
in need, <strong>and</strong> may be entitled <strong>to</strong> assistance from <strong>Children</strong>’s Social Care<br />
including child protection services.<br />
The needs of children referred <strong>to</strong> <strong>Children</strong>’s Social Care<br />
following an absence from home will be assessed in accordance<br />
with the Framework for the Assessment of <strong>Children</strong> in Need<br />
<strong>and</strong> their Families. A child protection investigation will be<br />
initiated when the Initial Assessment indicates the young<br />
person has or is likely <strong>to</strong> suffer significant harm.<br />
In considering whether a referral for a <strong>Children</strong> in Need Assessment by<br />
<strong>Children</strong>’s Social Care is appropriate, an evaluation of the likelihood of<br />
the child running away from home in the future should be made based<br />
on the following fac<strong>to</strong>rs:<br />
The child’s individual circumstances<br />
The family his<strong>to</strong>ry<br />
The child’s likely motivation for running away<br />
The child’s destination when they ran away<br />
Any recent pattern of absences<br />
The degree of risk likely <strong>to</strong> be faced by the child should they run away<br />
again should also be considered, based on the child’s experiences<br />
whilst absent from home.<br />
All young people who have run away from home, regardless of<br />
whether they may be assessed as being <strong>Children</strong> in Need,<br />
should be offered access <strong>to</strong> an independent interview upon<br />
their return <strong>to</strong> identify the reasons for running away <strong>and</strong> agree<br />
an appropriate response.<br />
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4.1 DEFINITIONS AND DETERMINATION OF RISK<br />
A child is defined as missing if they spend time away from where they<br />
ought <strong>to</strong> live without the knowledge <strong>and</strong> consent of their parent or<br />
carer.<br />
Running away is defined as a child or young person aged 17 years or<br />
under spending one night or more away from the family home without<br />
permission, or having been forced <strong>to</strong> leave by their parents or carers.<br />
The Police are often the first agency <strong>to</strong> be alerted that a child or young<br />
person is missing from, or has runaway from home, but this<br />
information may first become known <strong>to</strong> any agency in contact with the<br />
child or their family, for example education or the youth service. The<br />
child or young person may inexplicably miss a health appointment, be<br />
absent from school or not attend other planned activities.<br />
The reasons for the child’s absence may not be initially apparent, <strong>and</strong><br />
the absence may give rise <strong>to</strong> concern in circumstances other than<br />
when a child has run away from home, for example in cases where a<br />
child has gone missing with his/her family. No assumptions should be<br />
made about the whereabouts of the child, <strong>and</strong> unexplained absences<br />
should be followed up <strong>to</strong> establish the location of the child. Agencies<br />
should also refer <strong>to</strong> the separate pro<strong>to</strong>col “<strong>Children</strong> <strong>and</strong> Families who<br />
go Missing”<br />
The action <strong>to</strong> be taken by any other agency first becoming aware of<br />
the absence of a child or young person from home, will therefore be<br />
determined by the circumstances surrounding the absence <strong>and</strong> the<br />
degree of risk <strong>to</strong> the child.<br />
Absences which cause concern are those where there is no indication<br />
that the child or young person is likely <strong>to</strong> return within a short space of<br />
time, or where there is immediate concern for the child’s safety.<br />
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The levels of concern will be dependent on:<br />
The age of the child<br />
The child having a disability which reduces their level of<br />
independence<br />
The child suffering a medical condition which requires ongoing<br />
moni<strong>to</strong>ring or treatment<br />
The child’s behaviour, placing him/her or others at risk of<br />
injury or harm<br />
The absence of any child or young person in circumstances which<br />
cause immediate concern for his/her safety should be reported <strong>to</strong> the<br />
Police. In most case the parent or carer will take responsibility for this.<br />
However, not all absences will be reported <strong>to</strong> the Police, <strong>and</strong> a failure<br />
<strong>to</strong> do so may in itself give rise <strong>to</strong> concern.<br />
When there is reason <strong>to</strong> believe that the Police have not been,<br />
or will not be, alerted by a person knowing the child or the<br />
child’s whereabouts, <strong>and</strong> the child or young person continues<br />
<strong>to</strong> be absent a referral must be made <strong>to</strong> the Police.<br />
Furthermore when the child or young person’s absence has not been<br />
reported <strong>to</strong> the Police by his/her family, but the child has returned<br />
home, further investigation might be warranted. A referral should be<br />
made <strong>to</strong> the Police or <strong>Children</strong>’s Social Care when there are continuing<br />
child protection concerns. If it appears that the family <strong>and</strong>/or young<br />
person might benefit from additional support consideration should be<br />
given <strong>to</strong> undertaking an assessment in accordance with the Common<br />
Assessment framework.<br />
4.2 ROLE AND RESPONSIBILITIES OF THE POLICE.<br />
On receiving a report of a missing or runaway child the Police will<br />
consider whether a referral should be made <strong>to</strong> <strong>Children</strong>’s Social Care<br />
for an initial Child in Need assessment S17 of the <strong>Children</strong> Act 1989,<br />
or whether enquiries should be made under S47 of the <strong>Children</strong> Act<br />
1989.<br />
Sharing information with <strong>Children</strong>’s Social Care about a child or young<br />
person’s absence will not be dependent on receiving consent from the<br />
child or young person’s parent, but the Police will inform the child or<br />
young person <strong>and</strong> his/her parents or carer when it is considered<br />
appropriate <strong>to</strong> make a referral <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
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4.3 RETURN OF THE CHILD OR YOUNG PERSON<br />
When a child or young person who has run away from home is located,<br />
s/he should have access <strong>to</strong> an independent interview upon his/her<br />
return. This should happen whether or not it is considered appropriate<br />
<strong>to</strong> refer him/her <strong>to</strong> <strong>Children</strong>’s Social Care as a child in need. Depending<br />
on the age <strong>and</strong> wishes of the child, the independent interview can be<br />
carried out in accordance with local Inter-Agency <strong>procedure</strong>s:<br />
For East Riding – proposals are;<br />
<strong>Children</strong> under 10 years of age – the incident is likely <strong>to</strong> prompt a<br />
child in need referral, <strong>and</strong> the interview should normally be carried out<br />
by <strong>Children</strong>’s Social Care.<br />
<strong>Young</strong> people aged between 10 – 12 years – the interview will be<br />
arranged through the <strong>Children</strong>’s Social Care service.<br />
<strong>Young</strong> people aged 13 years plus - the interview will be arranged<br />
through the Connexions Service.<br />
The Police will provide the child or young person <strong>and</strong> their parent/carer<br />
with information about the independent interview <strong>and</strong> the different<br />
referral options.<br />
4.4 CHILDREN AND YOUNG PEOPLE FROM OUTSIDE OF THE<br />
AREA<br />
When a child or young person normally resident outside of the area has<br />
runaway <strong>and</strong> is found locally, negotiations will take place with the<br />
“home” authority <strong>to</strong> ensure that the child or young person <strong>and</strong> his/her<br />
family has access <strong>to</strong> local services. The responsibility for making child<br />
protection enquiries, when appropriate, rests with the local authority<br />
responsible for the area where the concerns have allegedly taken place.<br />
4.5 COLLECTION OF INFORMATION<br />
A log of all incidents of children <strong>and</strong> young people going missing or<br />
running away will kept by the Police, <strong>and</strong> will be made available <strong>to</strong><br />
<strong>Children</strong>’s Social Care.<br />
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4.6 MONITORING AND REVIEW<br />
There will be an annual review meeting between Senior Officers from<br />
the Police <strong>and</strong> <strong>Children</strong>’s Social Care, <strong>and</strong> other relevant partner<br />
agencies <strong>to</strong>:<br />
i) review the working of this pro<strong>to</strong>col<br />
ii) consider the information collected in respect of all<br />
incidents of children <strong>and</strong> young people going missing or<br />
running away in order <strong>to</strong> form an overview of patterns <strong>and</strong><br />
trends, which can inform service development.<br />
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8. CHILDREN ABUSED THROUGH PROSTITUTION<br />
1. The legal position<br />
Legally, neither boys nor girls under the age of 16 years can consent <strong>to</strong><br />
sexual activity. Both boys <strong>and</strong> girls continue <strong>to</strong> fall within the scope of<br />
The <strong>Children</strong> Act 1989 until they reach the age of 18 years. For the<br />
purposes of this pro<strong>to</strong>col any boy or girl under the age of 18 years<br />
involved in prostitution will be considered <strong>to</strong> require assessment as a<br />
child in need.<br />
The Sexual Offences Act 2003<br />
The Sexual Offences Act 2003 provided new offences <strong>to</strong> enable the<br />
Police <strong>to</strong> deal with those who coerce, exploit <strong>and</strong> abuse others through<br />
prostitution. New offences <strong>to</strong> protect children <strong>and</strong> young people up <strong>to</strong><br />
the age of 18 include paying for the sexual services of a child; causing<br />
or inciting child prostitution; arranging or facilitating child prostitution;<br />
<strong>and</strong> controlling a child prostitute.<br />
2. Introduction<br />
The principle underlying this pro<strong>to</strong>col is that a child/young person<br />
involved in prostitution <strong>and</strong> other forms of commercial sexual<br />
exploitation should be treated primarily as the victims of abuse, <strong>and</strong><br />
their needs require careful assessment. They are likely <strong>to</strong> be in need of<br />
welfare services <strong>and</strong> in many cases protection under the <strong>Children</strong> Act<br />
1989. This group may include children who have been victims of human<br />
trafficking.<br />
For the purposes of this pro<strong>to</strong>col a child/young person is deemed <strong>to</strong> be a<br />
person under the age of 18 years.<br />
A flow chart is produced at Appendix 1 of these Police <strong>procedure</strong>s<br />
outlining the stages of the pro<strong>to</strong>col.<br />
3. Referral stage<br />
When information is received that a child/young person is engaged in<br />
prostitution or found <strong>to</strong> be engaged in prostitution, the initial<br />
assumption should be that they are at risk of significant harm. All<br />
necessary action should be taken <strong>to</strong> safeguard the child/young person.<br />
In extreme cases this may require the Police <strong>to</strong> utilise their powers<br />
under s.46 of the <strong>Children</strong> Act 1989 <strong>and</strong> place the child under Police<br />
Protection.<br />
Police Officers coming in<strong>to</strong> contact with a child/young person engaged in<br />
prostitution will not issue a caution (prostitute warning)* but will accord<br />
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N.B. Range<br />
of agencies<br />
needs <strong>to</strong> be<br />
as per each<br />
LSCB.<br />
<strong>to</strong> the principle outlined in paragraph 2. * (can only be issued <strong>to</strong><br />
females).<br />
4. Process<br />
In all instances, a referral will be made <strong>to</strong> the appropriate <strong>Children</strong>’s<br />
Social Care/Emergency Duty Team in order that an Initial Assessment of<br />
the child/young person can be carried out under Section 17 <strong>Children</strong><br />
Act 1989. This should be completed within 7 working days of the<br />
referral.<br />
On completion of this assessment, where there are ongoing concerns an<br />
inter-agency meeting, chaired by the <strong>Children</strong>’s Social Care, should be<br />
held <strong>to</strong> consider the needs of the child/family <strong>and</strong> determine the next<br />
steps. The Group will consist of representation from the following range<br />
of agencies as appropriate.<br />
Hull/East Riding of Yorkshire <strong>Children</strong>’s Social Care<br />
Humberside Police<br />
Hull/East Riding of Yorkshire Education Departments<br />
Hull <strong>and</strong> East Riding Community Health NHS Trust<br />
Hull/East Riding of Yorkshire Youth Offending Teams<br />
Voluntary agencies where appropriate<br />
Parent(s)/Guardian of the child/young person, when<br />
appropriate<br />
The child/young person, when appropriate<br />
However, if during or as a result of, the assessment it is identified that a<br />
child is suffering or at risk of suffering significant harm, a Strategy<br />
Discussion/Meeting should be called involving <strong>Children</strong>’s Social Care,<br />
Police <strong>and</strong> other agencies as appropriate.<br />
The discussion should be used <strong>to</strong>:<br />
Share information;<br />
Decide whether Section 47 enquiries should be initiated;<br />
Plan how enquiries will be h<strong>and</strong>led; <strong>and</strong><br />
Agree on any immediate action <strong>to</strong> safeguard the child<br />
<strong>and</strong>/or provide interim services <strong>and</strong> support.<br />
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The conduct of any S.47 enquiry should be in accordance with the LSCB<br />
Guidelines <strong>and</strong> Procedures.<br />
In accordance with the Achieving Best Evidence guidance (2002), all<br />
joint interviews with children should be conducted by those with<br />
specialist training <strong>and</strong> experience in interviewing children. Additional<br />
specialist help may be required if the child does not speak English at a<br />
level which enables him or her <strong>to</strong> participate in the interview; the child<br />
appears <strong>to</strong> have a degree of psychiatric disturbance but is deemed<br />
competent; the child has an impairment; or where interviewers do not<br />
have adequate knowledge <strong>and</strong> underst<strong>and</strong>ing of the child’s racial,<br />
religious or cultural background. Consideration should also be given <strong>to</strong><br />
the gender of interviewers, particularly in cases of alleged sexual abuse.<br />
At the conclusion of the Section 47 enquiries, children’s Social Care,<br />
<strong>to</strong>gether with agencies most involved, will make a decision as <strong>to</strong><br />
whether the child/young person is at continued risk of significant harm.<br />
Where this is the case, <strong>Children</strong>’s Social Care should convene an Initial<br />
Child Protection Conference <strong>to</strong> decide what action is required <strong>to</strong><br />
safeguard the child/young person <strong>and</strong> promote his/her welfare.<br />
A Child Protection Plan resulting from a Child Protection Conference will<br />
be implemented by an inter-agency Core Group <strong>and</strong> subject <strong>to</strong> review<br />
as set out in the section detailing Child Protection Conferences. Where<br />
the child/young person is not subject <strong>to</strong> child protection registration, an<br />
inter-agency Child In Need/Family Support Plan should be agreed, with<br />
timescales for review.<br />
The vast majority of children/young people do not freely <strong>and</strong> willingly<br />
become involved in prostitution. The Criminal Justice process should<br />
only be considered if the child/young person persistently <strong>and</strong> voluntarily<br />
continues <strong>to</strong> solicit, loiter or importune in a public place for the purposes<br />
of prostitution.<br />
Police <strong>and</strong> colleagues in other agencies, who will be involved in<br />
considering whether there is a genuine choice, must be aware of the<br />
strong links that have been identified between prostitution, running<br />
away from home, human trafficking <strong>and</strong> substance misuse <strong>and</strong> the high<br />
degree of coercion <strong>and</strong> malign influence that can be exercised by<br />
abusers <strong>and</strong> fully alert <strong>to</strong> the possibility that what is claimed as a<br />
voluntary activity simply masks threats or coercion.<br />
For further information, read in conjunction with “<strong>Safe</strong>guarding<br />
<strong>Children</strong> Involved in Prostitution” DoH 2000 at<br />
http://www.dh.gov.uk/assetRoot/04/05/78/58/04057858.pdf<br />
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9. INVESTIGATING COMPLEX (ORGANISED OR<br />
MULTIPLE) ABUSE<br />
Complex (Organised or multiple) abuse may be defined as abuse<br />
involving one or more abusers <strong>and</strong> a number of children. The abusers<br />
concerned may be acting in concert <strong>to</strong> abuse children, sometimes<br />
acting in isolation, or may be using an institutional framework or<br />
position of authority <strong>to</strong> recruit children for abuse.<br />
Complex abuse occurs both as part of a network of abuse across a<br />
family or community, <strong>and</strong> within institutions such as residential homes<br />
or schools. Such abuse is profoundly traumatic for the children who<br />
become involved. Its investigation is time-consuming <strong>and</strong> dem<strong>and</strong>ing<br />
work requiring specialist skills from both Social Work <strong>and</strong> Police staff.<br />
Some investigations become extremely complex because of the<br />
number of places <strong>and</strong> people involved, <strong>and</strong> the time scale over which<br />
abuse is alleged <strong>to</strong> have occurred. The complexity is heightened<br />
where, as in his<strong>to</strong>rical cases, the alleged victims are incidents occurred<br />
or where the alleged perpetra<strong>to</strong>rs are also no longer linked <strong>to</strong> the<br />
setting or employment role.<br />
Each investigation of organised or multiple abuse will be different,<br />
according <strong>to</strong> the characteristics of each situation <strong>and</strong> the scale <strong>and</strong><br />
complexity of the investigation. Each requires thorough planning, good<br />
inter-agency working, <strong>and</strong> attention <strong>to</strong> the welfare needs of the<br />
children involved. The independent Chair of the LSCB should always be<br />
notified <strong>and</strong> be available <strong>to</strong> facilitate effective inter-agency working.<br />
1. Designation<br />
<strong>Children</strong>’s Social Care <strong>and</strong> the Detective Chief Superintendent of<br />
the Police may designate an enquiry a ‘Major Enquiry’ at any time,<br />
in consultation with the co-decision makers from both agencies.<br />
They will also maintain an overview of the conduct of the<br />
investigation brief the LSCB <strong>and</strong> any time there is disagreement<br />
between agencies they will arbitrate as necessary.<br />
<strong>Children</strong>’s Social Care will appoint a Co-ordina<strong>to</strong>r for the enquiry,<br />
whose role will be <strong>to</strong> liaise between agencies, co-ordinate<br />
information <strong>and</strong> arrange <strong>and</strong> chair the Strategy<br />
Discussion/Meeting (see Section 3.3 – “The Processes For<br />
<strong>Safe</strong>guarding And Promoting The Welfare Of <strong>Children</strong>”<br />
under the heading 2: “Referrals To Local Authority <strong>Children</strong>’s<br />
Social Care")<br />
If the major enquiry involves a number of school age children, the<br />
LEA will appoint a Senior Officer <strong>to</strong> oversee the Local Education<br />
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Authority response <strong>and</strong> moni<strong>to</strong>r its liaison with the other agencies<br />
involved.<br />
The Police will appoint a Senior Investigating Officer of<br />
appropriate rank <strong>and</strong> experience, <strong>and</strong> should consider the use of<br />
Major Incident Room St<strong>and</strong>ard Administrative Procedures <strong>and</strong> the<br />
Home Office Large Major Enquiry System.<br />
A team from <strong>Children</strong>’s Social Care or NSPCC or both <strong>and</strong> Police<br />
should be brought <strong>to</strong>gether <strong>to</strong> manage <strong>and</strong> conduct major<br />
investigations where a criminal investigation runs alongside child<br />
protection enquiries. Team members need expertise in conducting<br />
investigations, child protection <strong>procedure</strong>s <strong>and</strong> children’s welfare<br />
<strong>and</strong> they should be committed <strong>to</strong> working closely <strong>to</strong>gether.<br />
2. Strategy Meetings<br />
As soon as an enquiry has been designated a ‘Major Enquiry’, a<br />
Strategy Meeting will be convened by the Enquiry Co-ordina<strong>to</strong>r.<br />
The membership of this group should include Senior Officers of<br />
the enquiring agencies, the Enquiry Team, <strong>and</strong> any Senior Officer<br />
appointed by the Local Education Authority. Where the enquiry<br />
focuses upon one establishment, for example, a school or<br />
residential establishment, the Head Teacher or manager of the<br />
establishment should normally be included in the Strategy Meeting<br />
(s).<br />
The Strategy Meeting will be conducted as per Section 3.3<br />
‘Processes for safeguarding <strong>and</strong> promoting the welfare of<br />
children”, (6) ‘Strategy Discussions). However, the following<br />
relevant areas for decision making will also be considered:<br />
Recognise <strong>and</strong> anticipate that an investigation may<br />
become more extensive than suggested by initial<br />
allegations<br />
Consider what information will be shared; with whom it will<br />
be shared; who will share the information; <strong>and</strong> when<br />
information will be shared<br />
Head teachers, in particular, need <strong>to</strong> be clear what<br />
information can be shared with the Governing Body of<br />
their schools<br />
Where the enquiry centres around one establishment, e.g.<br />
a school or residential establishment, consideration will be<br />
given as <strong>to</strong> how staff can be enabled <strong>to</strong> respond<br />
appropriately <strong>to</strong> children <strong>and</strong> families during <strong>and</strong> after the<br />
enquiry<br />
Consider the need for independence at all levels of the<br />
investigation/enquiry <strong>and</strong> in providing support for children<br />
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Make ‘contingency plans’ e.g. if there is a possibility that<br />
children will need immediate protection <strong>and</strong>/or provide<br />
interim services <strong>and</strong> support<br />
Ensure that records are safely <strong>and</strong> securely s<strong>to</strong>red<br />
Provide care <strong>and</strong> support for the investigation team –<br />
much of the work may be difficult <strong>and</strong> distressing<br />
Agree a communications strategy encompassing authority<br />
members, staff, children <strong>and</strong> families, the media <strong>and</strong><br />
Social Care Region<br />
How best <strong>to</strong> inform <strong>and</strong> liaise with parents<br />
This may be by means of a meeting, or if appropriate, by<br />
means of a letter. For example, in the vase of an enquiry<br />
that centres on a school/educational establishment, with<br />
the agreement of the Strategy Meeting, a letter from the<br />
Head teacher or Governing Body could be sent<br />
simultaneously <strong>to</strong> all parents whose children have had<br />
contact with the alleged offender. Any such letter should<br />
be factual, brief <strong>and</strong> <strong>to</strong> the point <strong>and</strong> take account of the<br />
confidential nature of the enquiry. The letter should also<br />
carry information, including a contact telephone number <strong>to</strong><br />
enable its recipients <strong>to</strong> seek further assistance, advice <strong>and</strong><br />
reassurance.<br />
The enquiry may benefit from the appointment of a Parent<br />
Liaison Officer<br />
Where <strong>Children</strong>’s Social Care’s own staff (or foster carers)<br />
are being investigated, it is essential <strong>to</strong> ensure<br />
independence <strong>and</strong> objectivity on the part of the Social<br />
Work team. Where it is practicable in the circumstances <strong>to</strong><br />
conduct a rigorous <strong>and</strong> impartial investigation using the<br />
Authority’s own staff, it is essential <strong>to</strong> ensure sufficient<br />
distance (in structural <strong>and</strong> geographical terms) between<br />
such staff <strong>and</strong> those being investigated. This means that<br />
the inclusion of staff members or managers from the<br />
institution or workplace under investigation should be<br />
considered with particular care.<br />
Access <strong>to</strong> legal advice. The inter-relationship between<br />
criminal, civil <strong>and</strong> employment process is complex<br />
Regular strategic planning meetings <strong>and</strong> reviews <strong>to</strong><br />
consider the conduct of the investigation, next steps <strong>and</strong><br />
the effectiveness of joint working<br />
Put in place a means of identifying <strong>and</strong> acting on lessons<br />
learned from the investigation e.g. in respect of policies,<br />
<strong>procedure</strong>s <strong>and</strong> working practices which may have<br />
contributed <strong>to</strong> the abuse occurring, as the investigation<br />
proceeds <strong>and</strong> at its close<br />
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AND<br />
At the close of the investigation, assess its h<strong>and</strong>ling <strong>and</strong><br />
identify lessons for conducting similar investigations in the<br />
future.<br />
Recommendation 22 of The Waterhouse Inquiry Report ‘Lost in<br />
Care’ emphasised the need for guidance <strong>to</strong> <strong>Children</strong>’s Social Cares<br />
<strong>and</strong> <strong>to</strong> Police forces involved in major investigations, particularly<br />
in relation <strong>to</strong>:<br />
<strong>Safe</strong>guarding <strong>and</strong> preservation of Police records of major<br />
investigations, including statements <strong>and</strong> the <strong>policy</strong> file;<br />
<strong>Safe</strong>guarding <strong>and</strong> preservation of <strong>Children</strong>’s Social Care<br />
files;<br />
Access by the Police <strong>to</strong> <strong>Children</strong>’s Social Care files<br />
The supply of information about alleged <strong>and</strong> suspected<br />
abusers by the Police following an investigation; <strong>and</strong><br />
Sharing information generally for criminal; investigation<br />
<strong>and</strong> child protection purposes.<br />
3. Timing Of Intervention<br />
The first priority should always be the need <strong>to</strong> protect a child, but the<br />
knowledge, that in cases of organised abuse, the risk <strong>to</strong> a child may<br />
escalate if the perpetra<strong>to</strong>rs escape detection, must be considered.<br />
This will mean that on occasions those professionals involved will<br />
need <strong>to</strong> weigh the risk of delaying enquiries, <strong>and</strong> the implications this<br />
has for an individual child, against the benefits of the collection of<br />
evidence against an abuser or group of abusers <strong>and</strong> the consequent<br />
benefit <strong>to</strong> a wider group of children if the case is conclusive.<br />
4. Timing Of Therapy<br />
There will be occasions when a child, who is required as a witness in<br />
court, has a need for immediate therapy prior <strong>to</strong> the court hearing.<br />
There should always be discussions with the Crown Prosecution Service<br />
<strong>and</strong> the legal advisor <strong>to</strong> the <strong>Children</strong>’s Social Care about the particular<br />
needs of any individual child. The welfare of the child is of paramount<br />
importance.<br />
Reference should be made <strong>to</strong> guidance in the Action for Justice<br />
publication ‘Provision Of Therapy For Child Witnesses Prior To A<br />
Criminal Trial’ <strong>and</strong> the local pro<strong>to</strong>col developed by the ACPC Child<br />
Witness Service (which can now be obtained from the Hull <strong>Safe</strong>guarding<br />
<strong>Children</strong> Board (tel: (01482) 846082).<br />
http://www.homeoffice.gov.uk/documents/therapy-vlnrbl-childwitness.pdf?view=Binary<br />
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For further government guidance refer <strong>to</strong> ‘Complex Child Abuse<br />
Investigations: Inter-Agency Issues’, (May 2002)<br />
http://Police.homeoffice.gov.uk/news-<strong>and</strong>publications/publication/operationalpolicing/child_abuse_guidance.pdf?view=Binary<br />
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10. FORCED MARRIAGE<br />
1. Definitions<br />
A forced marriage is a marriage conducted without the full consent of<br />
both parties <strong>and</strong> duress is a fac<strong>to</strong>r. Duress can be both physical <strong>and</strong><br />
emotional <strong>and</strong> a forced marriage is primarily but not exclusively an issue<br />
of violence against women.<br />
If there are concerns that a child (male or female) is in danger of a<br />
forced marriage local agencies should contact the Forced Marriage Unit<br />
where experienced caseworkers will be able <strong>to</strong> offer support <strong>and</strong><br />
guidance. (www.fco.gov.uk)<br />
Arranged marriages are those in which the families of both spouses<br />
take a leading role in arranging the marriage but the choice of whether<br />
or not <strong>to</strong> accept the arrangement remains with the young people. The<br />
tradition of arranged marriages has operated successfully within many<br />
communities <strong>and</strong> countries for a very long time. Therefore a clear<br />
distinction must be made between a forced marriage <strong>and</strong> an arranged<br />
marriage.<br />
Parents may sometimes justify forced marriages as preserving cultural<br />
or religious tradition. Although arranged marriages may be culturally<br />
acceptable – forced marriages cannot be justified on either cultural or<br />
religious grounds <strong>and</strong> all major faiths condemn them.<br />
2. The legal position<br />
The Marriage Act 1949 <strong>and</strong> the Matrimonial Causes Act 1973 govern the<br />
law on marriage in Engl<strong>and</strong> <strong>and</strong> Wales. The minimum age at which a<br />
person is able <strong>to</strong> give consent is 16. A person between the ages of 16<br />
<strong>and</strong> 18 may not marry without parental consent (unless the young<br />
person is a widow(er).<br />
3. Missing Persons <strong>and</strong> <strong>Young</strong> <strong>People</strong> who run away<br />
<strong>Young</strong> <strong>People</strong>, who leave home <strong>to</strong> escape a forced marriage, or the<br />
threat of one, often create specific dilemmas for <strong>Children</strong>’s Social Care<br />
staff as Social Workers often feel that they should inform the family if<br />
the <strong>Young</strong> Person is found. It is likely that a young person facing forced<br />
marriage may be at risk of significant harm if they are returned <strong>to</strong> their<br />
family.<br />
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4. Fac<strong>to</strong>rs <strong>to</strong> consider<br />
<strong>Young</strong> people fleeing a forced marriage that has not taken place<br />
may have already been reported as missing by their families.<br />
If the Police locate a young person <strong>and</strong> decide <strong>to</strong> return them<br />
home, <strong>Children</strong>’s Social Care must interview the young person<br />
(before their return) <strong>to</strong> establish whether it is in their best<br />
interests <strong>to</strong> return home.<br />
If the family locate the young person, try <strong>to</strong> interview the young<br />
person on their own <strong>to</strong> establish why they left home <strong>and</strong> what<br />
they want <strong>to</strong> do.<br />
If a young person is at risk of being forced in<strong>to</strong> a marriage it<br />
may not be in their best interests <strong>to</strong> disclose information <strong>to</strong> their<br />
family, friends or community.<br />
Consideration should be given <strong>to</strong> accommodating the young<br />
person (16- 21 years) if this would safeguard or promote the<br />
young person’s interests.<br />
A young person fleeing forced marriage may need <strong>to</strong> be<br />
relocated <strong>to</strong> another Local Authority.<br />
A young person might not want <strong>to</strong> be fostered with a family from<br />
their own background or community.<br />
You must:<br />
Respect the young person’s wishes<br />
Establish where the young person would like <strong>to</strong> live<br />
Establish if they wish <strong>to</strong> live independently or in a supportive<br />
establishment<br />
Seek legal advice<br />
Do not:<br />
Inform the family of the young person’s whereabouts.<br />
Disclose information without the express consent of the young<br />
person.<br />
Again seek legal advice via the Service Manager in relation <strong>to</strong><br />
the above points.<br />
N.B:. All those involved will need <strong>to</strong> bear in mind that mediation<br />
as a response <strong>to</strong> Forced Marriage can be extremely<br />
dangerous.<br />
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Whatever the young person’s circumstances, they have rights that<br />
should always be considered including:<br />
The young person’s wishes <strong>and</strong> feelings<br />
Personal safety <strong>and</strong> the level of risk <strong>to</strong> the young person<br />
Confidentiality<br />
Accurate information about rights <strong>and</strong> choices<br />
5. Relevant Guidance <strong>and</strong> legislation<br />
<strong>Young</strong> <strong>People</strong> And Vulnerable Adults Facing Forced<br />
Marriage (FCO, HO, DFES, DH, ADSS 2004)<br />
<strong>Working</strong> Together <strong>to</strong> <strong>Safe</strong>guard <strong>Children</strong> (2006, HM<br />
Government)<br />
<strong>Children</strong> Act 1989<br />
The Marriage Act 1949<br />
Matrimonial Causes Act 1973<br />
Sexual Offence Act 2003 S30 <strong>and</strong> S31<br />
Child Abduction Act 1984<br />
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REFERRAL PATHWAY FOR YOUNG PEOPLE FACING FORCED MARRIAGE<br />
Under<br />
18<br />
Is the young<br />
person in the<br />
UK?<br />
Gather<br />
information<br />
about the young<br />
person, their<br />
family <strong>and</strong> their<br />
location.<br />
Contact<br />
the<br />
Foreign &<br />
Commonwealth<br />
Office<br />
Obtain as much<br />
information as<br />
possible from<br />
the young<br />
person<br />
Is the young<br />
person in<br />
immediate<br />
danger?<br />
CSC or Police<br />
Dealing with<br />
referrals regarding<br />
forced marriage<br />
Refer <strong>to</strong><br />
organisations that<br />
specialise in<br />
helping victims of<br />
forced marriage<br />
Over 18<br />
Is the individual<br />
a vulnerable<br />
adult?<br />
No Yes<br />
No Yes<br />
Initiate protective<br />
action<br />
Emergency<br />
Protection<br />
Order<br />
Section<br />
20<br />
Yes No<br />
Police<br />
Protection<br />
Provide place of safety. Extended<br />
family not an option<br />
Wardship Interim<br />
Care Order<br />
Is the young<br />
person a child<br />
in need?<br />
Section 17<br />
Complete a Core<br />
Assessment as soon<br />
as possible but<br />
within 35 working<br />
days<br />
Convene multi-agency professional meeting <strong>to</strong> plan future. Parents <strong>to</strong><br />
be informed of actions (unless <strong>to</strong> do so would place the young person<br />
at risk of significant harm) but not of young person’s whereabouts.<br />
Extended family not an option for placement.<br />
Refer <strong>to</strong> the<br />
Police if a crime<br />
has been, or<br />
may be,<br />
committed.<br />
Refer <strong>to</strong> the vulnerable<br />
adult team<br />
Is the<br />
vulnerable<br />
adult in the<br />
UK?<br />
Complete initial<br />
assessment <strong>and</strong><br />
provide services<br />
as required<br />
Is Core<br />
Assessment<br />
required?<br />
Contact the<br />
Foreign &<br />
Commonwealth<br />
office<br />
Provide information on<br />
rights <strong>and</strong> choices<br />
Social worker <strong>to</strong> refer case <strong>to</strong> Foreign &<br />
Commonwealth Officer <strong>and</strong> other trusted<br />
support groups/agencies.<br />
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If the young person is satisfied with<br />
the information, NFA required<br />
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Yes<br />
Yes<br />
No<br />
No
11. ALLEGATIONS OF ABUSE MADE AGAINST PEOPLE<br />
WHO WORK WITH CHILDREN<br />
1. Introduction<br />
<strong>Children</strong> can be subject <strong>to</strong> abuse by those who work with them in<br />
any setting. This may be by a professional, a staff member, a<br />
foster-carer or volunteer. All allegations must therefore be taken<br />
seriously <strong>and</strong> treated in accordance with LSCB <strong>procedure</strong>s. These<br />
<strong>procedure</strong>s apply <strong>to</strong> all organisations that provide services for<br />
children or provide staff or volunteers <strong>to</strong> work with or care for<br />
children.<br />
2. Scope Of Guidance<br />
All organisations providing services, staff or volunteers <strong>to</strong> work<br />
with or care for children, should operate within these <strong>procedure</strong>s.<br />
This guidance should be applied <strong>to</strong> any case that indicate a person<br />
who works with children has:<br />
Behaved in a way that has harmed a child, or may have harmed<br />
a child;<br />
Possibly committed a criminal offence against or related <strong>to</strong> a<br />
child; or,<br />
Behaved <strong>to</strong>wards a child or children in a way that indicates s/he<br />
is unsuitable <strong>to</strong> work with children, in connection with the<br />
person’s employment or voluntary activity<br />
N.B: This guidance will also apply <strong>to</strong> cases where investigations<br />
are conducted in<strong>to</strong> either a professional’s, an employee’s or a<br />
volunteer’s:<br />
Behaviour <strong>to</strong>wards his/her own children or family members<br />
Involvement with potentially criminal or illegal activities that<br />
have implications for children<br />
Conduct within or outside of the workplace that gives rise <strong>to</strong><br />
concerns about safeguarding children<br />
In such cases the Police <strong>and</strong>/or <strong>Children</strong>’s Social Care should<br />
consider informing the person’s employer in order <strong>to</strong> assess the<br />
implications for children or vulnerable adults with whom the person<br />
has contact at work.<br />
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3. Roles And Responsibilities<br />
LSCBs are responsible for:<br />
• Ensuring effective inter-agency <strong>procedure</strong>s are in place<br />
• Moni<strong>to</strong>ring <strong>and</strong> evaluating the effectiveness of those <strong>procedure</strong>s<br />
Each LSCB member organisation should identify a named senior<br />
officer responsible for:<br />
• Ensuring organisations operate <strong>procedure</strong>s in accordance<br />
with LSCB <strong>procedure</strong>s <strong>and</strong> <strong>Working</strong> Together Guidance<br />
2006<br />
• Resolving any associated inter-agency issues;<br />
• Liaising with the LSCB on the subject of allegations against<br />
professionals<br />
ALL organizations, professionals <strong>and</strong> voluntary groups working with<br />
children, providing services <strong>to</strong> children <strong>and</strong> families, or<br />
providing staff <strong>to</strong> work with children <strong>and</strong> families - should<br />
appoint a senior manager or designated person <strong>to</strong> whom<br />
allegations/concerns should be reported in the first<br />
instance. A deputy should also be appointed <strong>to</strong> act in<br />
his/her absence or if the designated person/senior<br />
manager is the subject of the allegation.<br />
LOCAL AUTHORITIES (LAs) should designate officer(s) (LADO)<br />
<strong>to</strong>:<br />
Be involved in the management & oversight of individual cases:<br />
• Provide advice & guidance <strong>to</strong> employers & voluntary<br />
organisations;<br />
• Liaise with the Police & other agencies<br />
• Moni<strong>to</strong>r the progress of cases ensuring they are dealt with<br />
as quickly as possible <strong>and</strong> are consistent with a thorough<br />
<strong>and</strong> fair process.<br />
POLICE FORCES should identify a senior officer who will be<br />
responsible for:<br />
• Strategic oversight of the arrangements<br />
• Liaison with the LSCBs in the force area<br />
• Ensuring compliance with <strong>procedure</strong>s<br />
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Police forces should also designate officers with the responsibility<br />
for:<br />
• Liaising with the LADO(s)<br />
• Taking part in Strategy Discussions<br />
• Reviewing the progress of cases in which there are Police<br />
investigations<br />
• Sharing information on completion of the investigation or<br />
any prosecution<br />
4. Support For Those Involved In Allegations Against Staff<br />
<strong>Children</strong> <strong>and</strong> their families/carers involved in allegations should be<br />
supported <strong>and</strong> helped <strong>to</strong> underst<strong>and</strong> the process <strong>and</strong> kept informed of<br />
the results of inquiries, disciplinary processes <strong>and</strong> outcomes.<br />
The accused persons should be treated fairly <strong>and</strong> honestly <strong>and</strong><br />
helped <strong>to</strong> underst<strong>and</strong> the concerns. They should be kept informed<br />
about outcomes <strong>and</strong> the implications for disciplinary processes. In<br />
cases involving criminal inquiries, Police <strong>and</strong> relevant agencies should<br />
be consulted before sharing information with the subject. Employers<br />
should arrange for provision of support for individuals including advice<br />
on contacting a relevant union or professional organisation.<br />
5. Confidentiality<br />
Other than in exceptional circumstances, for example where a suspect<br />
needs <strong>to</strong> be traced, confidentiality must be maintained <strong>and</strong> publicity<br />
avoided whilst investigations are ongoing. Media implications should<br />
therefore be considered in Strategy Meetings/discussions.<br />
6. Suspension<br />
Only an employer can suspend an employee. Suspension can be<br />
recommended but cannot be required by a Local Authority, Police, or<br />
<strong>Children</strong>’s Social Care. Suspension should not be au<strong>to</strong>matic but should<br />
be considered in any case where:<br />
• There is cause <strong>to</strong> suspect that a child is at risk of significant<br />
harm<br />
• The allegation warrants investigation by the Police<br />
• The allegation is so serious that it might be grounds for dismissal<br />
If <strong>Children</strong>’s Social Care or Police are <strong>to</strong> make enquiries or investigate,<br />
then the LADO should ascertain their assessment of the risks the<br />
accused individual may pose. The LADO should also ascertain the<br />
views of <strong>Children</strong>’s Social Care <strong>and</strong> the Police regarding the necessity<br />
or the appropriateness of informing the employer or suspending the<br />
accused individual.<br />
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7. Timescales For Completing Investigations<br />
In addition <strong>to</strong> safeguarding, the LSCB has a duty <strong>to</strong> ensure the quality<br />
of performance within these <strong>procedure</strong>s. Investigations should be<br />
resolved as quickly as possible whilst being fair <strong>and</strong> thorough. The<br />
time taken <strong>to</strong> investigate <strong>and</strong> resolve individual cases will depend on<br />
the nature, seriousness, <strong>and</strong> complexity of the allegation.<br />
The guidance advises that:<br />
• 80% of cases should be resolved within 1 month<br />
• 90% within 3 months (unless there are criminal<br />
prosecutions)<br />
• All but the most exceptional cases should be resolved<br />
within 12 months<br />
The LADO will have a role in assuring quality <strong>and</strong> minimising undue<br />
delay by ensuring:<br />
• The relevant agencies engage effectively in progressing<br />
inquiries<br />
• That strategies <strong>and</strong> plans are reviewed as required<br />
• That obstacles <strong>to</strong> the process are identified <strong>and</strong> resolved<br />
• That processes are compliant with guidance, <strong>procedure</strong>s<br />
<strong>and</strong> legislation<br />
8. Procedure<br />
The LADO should be informed of all allegations meeting the criteria set<br />
out in the scope of this guidance, <strong>and</strong> of those cases meeting the<br />
criteria that have been referred directly <strong>to</strong> <strong>Children</strong>’s Social Care or<br />
Police.<br />
Allegations made <strong>to</strong> an employer should be reported <strong>to</strong> the designated<br />
senior manager or deputy immediately <strong>and</strong> notified <strong>to</strong> the LADO within<br />
1 working day.<br />
Allegations made <strong>to</strong> <strong>Children</strong>’s Social Care or the Police will be subject<br />
<strong>to</strong> joint consultation in line with the guidance in “<strong>Working</strong> Together <strong>to</strong><br />
safeguard children” (Chapter 5, paragraph 5.17), <strong>and</strong> reported without<br />
delay <strong>to</strong> the designated officer for immediate liaison with the relevant<br />
LADO.<br />
9. Initial Considerations<br />
There are up <strong>to</strong> 3 str<strong>and</strong>s in the initial considerations of an allegation:<br />
• A Police investigation of a possible criminal offence;<br />
• Assessment of whether a child needs protection or<br />
services;<br />
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• Consideration by an employer of disciplinary action<br />
The LADO <strong>and</strong> employer should also consider whether further details<br />
are needed <strong>and</strong> if there is evidence or information that establishes the<br />
allegation <strong>to</strong> be false or unfounded.<br />
10. False Or Unfounded Allegations<br />
If the allegation is deemed <strong>to</strong> be unfounded – the matter should<br />
nevertheless be:<br />
• Referred <strong>to</strong> <strong>Children</strong>’s Social Care <strong>to</strong> assess whether the<br />
child is in need of services or may have been abused by<br />
another person<br />
• Referred <strong>to</strong> the Police if it appears <strong>to</strong> have been<br />
deliberately invented or malicious<br />
11. Allegations Are Founded And Significant Harm Is<br />
Indicated<br />
Strategy meetings/discussions should be convened where<br />
allegations appear <strong>to</strong> be founded. Participants should be sufficiently<br />
senior <strong>to</strong> contribute information <strong>and</strong> make decisions on behalf of their<br />
agencies. Strategy meetings should include <strong>Children</strong>’s Social Care,<br />
Police, the referring agency, other relevant bodies as appropriate - <strong>and</strong><br />
the accused person’s employer (or the representative) unless there are<br />
valid reasons not <strong>to</strong> do this.<br />
Strategy meetings should consider <strong>and</strong> record details of:<br />
• the key parties being considered<br />
• the allegations <strong>and</strong> concerns<br />
• risk assessments<br />
• decisions <strong>and</strong> recommendations about future action<br />
• those responsible <strong>and</strong> or accountable for undertaking<br />
actions<br />
• the status of investigations<br />
• a timetable <strong>to</strong> review <strong>and</strong> moni<strong>to</strong>r outcomes.<br />
12. A Criminal Offence Is Indicated But Not Significant Harm<br />
The Police must be consulted on any case in which a criminal<br />
offence may have been committed. The government guidance<br />
“<strong>Working</strong> Together <strong>to</strong> safeguard children” prescribes that:<br />
“Whenever Local Authority <strong>Children</strong>’s Social Care have a case referred<br />
<strong>to</strong> them which constitutes or appears <strong>to</strong> constitute, a criminal offence<br />
against a child, they should always discuss the case with the Police at<br />
the earliest opportunity” (Chapter 5, paragraph 5.17)<br />
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Where the significant harm criteria are not met – an initial evaluation<br />
meeting or discussion should take place <strong>to</strong> decide how <strong>to</strong> h<strong>and</strong>le the<br />
allegation.<br />
Initial evaluation meetings should consider:<br />
o The need for a Police investigation<br />
o Timing of any investigations<br />
o Conduct issues <strong>and</strong> parallel disciplinary process<br />
13. Organised And His<strong>to</strong>rical Abuse<br />
Allegations of his<strong>to</strong>rical abuse should be dealt with in the same way as<br />
contemporary concerns. In such cases it is essential <strong>to</strong> establish<br />
whether the subject still works with children – <strong>and</strong> if so <strong>to</strong> inform<br />
his/her employer or voluntary organisation.<br />
14. No Criminal Investigations Or Csc Involvement Required<br />
Where no investigations are <strong>to</strong> be pursued by Police or <strong>Children</strong>’s<br />
Social Care, the LADO <strong>and</strong> employer should agree the next steps,<br />
considering options ranging from no further action (NFA) <strong>to</strong> summary<br />
dismissal. If there is NFA, remedial action should be taken within 3<br />
days.<br />
Disciplinary hearings should be held within 15 working days <strong>and</strong> the<br />
investigating officer should aim <strong>to</strong> provide a report within 10 working<br />
days. On receipt, the employer should decide whether a disciplinary<br />
hearing is needed within 2 working days.<br />
If the person is charged or convicted, the Police should inform the<br />
employer straight away so that appropriate action can be taken within<br />
the workplace.<br />
15. Resignations And “Compromise Agreements”<br />
Where a person tenders his/her resignation, or ceases <strong>to</strong> provide their<br />
services - the allegation must still be followed up in accordance with<br />
these <strong>procedure</strong>s. Similarly, if a person’s period of notice expires<br />
before the process is complete it is important <strong>to</strong> reach <strong>and</strong> record a<br />
conclusion wherever possible.<br />
The so called “compromise agreement” – i.e. where an employee<br />
agrees <strong>to</strong> resign provided no disciplinary action is taken <strong>and</strong> where the<br />
wording of future references is agreed between employer <strong>and</strong><br />
employee - must not be used in these cases.<br />
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16. Record Keeping<br />
Employers, Police <strong>and</strong> <strong>Children</strong>’s Social Care should <strong>keep</strong> a clear<br />
concise summary of the allegations <strong>and</strong> how they were followed up<br />
<strong>and</strong> resolved on the individual’s confidential personnel file <strong>and</strong> give a<br />
copy <strong>to</strong> the individual. Records should be kept until the person<br />
reaches retirement age or for 10 years if that is longer.<br />
The purpose of this is <strong>to</strong>:<br />
Provide accurate information for any future reference<br />
• Provide clarification if future CRB disclosure reveals an<br />
allegation that did not result in a prosecution or a<br />
conviction<br />
• Prevent unnecessary re-investigation if the allegation<br />
should resurface at a later date.<br />
17. Moni<strong>to</strong>ring Progress<br />
LADO should provide advice, guidance <strong>and</strong> support as required –<br />
ensuring inquiries are expedited by:<br />
• Moni<strong>to</strong>ring the progress <strong>and</strong> co-ordinating appropriate<br />
review arrangements<br />
• Making arrangements <strong>to</strong> ensure effective information<br />
sharing between parties<br />
• Clarifying roles, responsibilities <strong>and</strong> accountabilities within<br />
the process<br />
Police should set dates <strong>to</strong> review progress of the case <strong>and</strong> <strong>to</strong> consult<br />
with the CPS about charging the individual, continuing with the case or<br />
closing the investigation<br />
18. Referral To List 99, POCA List, Or Regula<strong>to</strong>ry Body<br />
Where allegations are substantiated, the LADO <strong>and</strong> the employer<br />
should always consider whether or not <strong>to</strong> make a referral <strong>to</strong> the POCA<br />
List or DfES List 99. Consideration should be given <strong>to</strong> referring a case,<br />
irrespective of whether or not the accused person has been dismissed,<br />
resigned or ceased <strong>to</strong> be used by the employer. Guidance should be<br />
sought from the LADO but in most cases it will be the responsibility of<br />
the employer <strong>to</strong> refer <strong>to</strong> the POCA List or List 99.<br />
(See sections 12.22 – 12.37 “<strong>Working</strong> <strong>to</strong>gether <strong>to</strong> safeguard children”,<br />
2006)<br />
The LADO should also advise the employer on making referrals <strong>to</strong><br />
professional bodies or regula<strong>to</strong>rs - for example the General Social Care<br />
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Council, General Medical Council. If a referral is appropriate the report<br />
<strong>and</strong> referral should be made within one month.<br />
19. Learning Lessons<br />
Where allegations are substantiated the relevant managers should<br />
always consider any lessons <strong>to</strong> be learned <strong>and</strong> acted upon. If elements<br />
of the inquiry indicate that organisational features have contributed <strong>to</strong><br />
the abuse a Serious Case Review may be appropriate as per Chapter 8<br />
of “<strong>Working</strong> <strong>to</strong>gether <strong>to</strong> safeguard children”, 2006. In all cases where<br />
it is felt that lessons can be learned, these lessons should be<br />
translated in<strong>to</strong> actions <strong>and</strong> notified <strong>to</strong> the LSCB where actions planned<br />
indicate either changes <strong>to</strong> <strong>procedure</strong>s or implications for agency<br />
practice.<br />
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MANAGING ALLEGATIONS AGAINST PEOPLE THAT<br />
WORK WITH CHILDREN<br />
Reports <strong>to</strong> senior officer or<br />
unit manager<br />
More information<br />
needed<br />
More information<br />
obtained<br />
D<br />
Allegation<br />
unfounded<br />
Referral <strong>to</strong> Police<br />
or CSC<br />
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An allegation is made <strong>and</strong> received<br />
By Police By CSC By Employer<br />
Joint consultation<br />
Reports <strong>to</strong> senior/<br />
team leader/manager<br />
Consultation with LADO immediately by Police<br />
or CSC or within 1 working day by<br />
employer/manager<br />
Initial considerations<br />
A. Police/criminal investigation<br />
B. Child protection/CIN<br />
C. Employee disciplinary action<br />
D. Allegation founded or unfounded<br />
A & B or B<br />
Significant harm<br />
<strong>and</strong>/or criminal offence<br />
STRATEGY MEETING<br />
Discussion held<br />
Further action<br />
/investigation planned<br />
A or A & C<br />
Criminal <strong>and</strong><br />
employee issues –<br />
no significant harm<br />
Initial Evaluation<br />
Employee/<br />
Criminal<br />
Review outcomes Inform, notify <strong>and</strong><br />
record actions<br />
Reports <strong>to</strong> designated<br />
manager<br />
C<br />
Employee<br />
disciplinary<br />
action only<br />
Options<br />
Ranging from<br />
NFA <strong>to</strong> summary<br />
dismissal<br />
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Refer back <strong>to</strong> LADO
12. VISITS BY CHILDREN TO MENTAL HEALTH UNITS/<br />
SPECIAL HOSPITALS<br />
1 Introduction<br />
This pro<strong>to</strong>col sets out the roles <strong>and</strong> responsibilities of Local Authorities<br />
in whose area a child resides when that child is the subject of a<br />
request for a visit from a patient in a special hospital. Local Authority<br />
<strong>Children</strong>’s Social Care is required <strong>to</strong> give all reasonable support <strong>to</strong> the<br />
staff of special hospitals in determining whether such a visit should<br />
take place. Special hospitals are Ashworth, Ramp<strong>to</strong>n <strong>and</strong> Broadmoor.<br />
Directions Concerning Visits Were Made Within Health Service Circular<br />
HSC 1999/160 And HSC 2000/027. These Directions Should Be<br />
Complied With Unless There Are Exceptional Reasons That Justify A<br />
Variation.<br />
2 Principles<br />
The Three Special Hospitals <strong>and</strong> the Association of Direc<strong>to</strong>rs of<br />
<strong>Children</strong>’s Social Care have worked on a set of principles, which enable<br />
each special hospital <strong>to</strong> put in<strong>to</strong> place a comprehensive child welfare<br />
<strong>policy</strong>, including child protection matters, which address the safety of<br />
children visiting patients. The overarching principles agreed are that:<br />
the child's welfare is paramount <strong>and</strong> takes priority over the<br />
interest of patients;<br />
the child's welfare should be safeguarded <strong>and</strong> promoted by<br />
all staff within the hospital;<br />
the child's contact with family should be supported,<br />
whenever that contact is in the child's best interests.<br />
3 Policy<br />
A special hospital may not allow a child <strong>to</strong> visit any patient in the<br />
hospital unless the hospital authority has approved the child's visit in<br />
accordance with their own <strong>procedure</strong>s <strong>and</strong> is satisfied that the visit is<br />
in the child's best interests.<br />
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The only exception is where there is in place a Contact Order under<br />
the <strong>Children</strong> Act 1989 which specifies that the child may visit the<br />
patient in the special hospital. In such cases the visit must take place<br />
unless there is concern about the patient's mental state at the time of<br />
the proposed visit such that the nominated officer from the hospital<br />
decides that the visit would not be in the child's best interests.<br />
Certain categories of patient may only be visited by children who fall<br />
within the permitted categories of relationship - see Appendix 1 of<br />
these Health <strong>procedure</strong>s for details. In these cases, if the child does<br />
not satisfy the relationship criteria, the hospital must refuse the<br />
request for a visit.<br />
4 Procedure<br />
Each hospital has a nominated officer who will deal with all requests<br />
from patients for a child <strong>to</strong> visit. The hospital will have its own<br />
detailed <strong>procedure</strong>s for dealing with such requests, including an<br />
assessment of whether the patient falls in<strong>to</strong> one of the offence<br />
categories for which only children who have a specific relationship with<br />
that patient may be considered for a visit.<br />
If the visit is not prohibited by virtue of the above categories of patient<br />
offence <strong>and</strong> relationship <strong>to</strong> child, the hospital will write <strong>to</strong> the person<br />
with parental responsibility for the child explaining that a request for a<br />
visit has been made. The person(s) with parental responsibility for the<br />
child will be asked <strong>to</strong> confirm the relationship between the patient <strong>and</strong><br />
the child <strong>and</strong> <strong>to</strong> say whether they agree <strong>to</strong> the visit taking place or<br />
not.<br />
If a child is ‘looked after’ by the Local Authority <strong>Children</strong>’s Social Care<br />
has the responsibility for providing consent but this decision must be<br />
made following consultation with those with parental responsibility.<br />
The Local Authority shares parental responsibility with the parent if the<br />
child is subject of a Care Order. If accommodated (voluntary care)<br />
only the parents retain full responsibility.<br />
If those with parental responsibility agree for the child <strong>to</strong> visit the<br />
patient the nominated officer from the special hospital will arrange for<br />
an assessment <strong>to</strong> be undertaken by the patient's clinical team, which<br />
will judge the level of risk, if any, presented by him or her <strong>to</strong> the child<br />
concerned.<br />
The nominated officer may, following this assessment, refuse the visit<br />
<strong>and</strong> the person with parental responsibility (including the Local<br />
Authority if the child is subject <strong>to</strong> a Care Order) will be notified with<br />
reasons.<br />
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If the nominated officer does not rule out a visit at this stage, the<br />
nominated officer will contact <strong>Children</strong>’s Social Care in the area where<br />
the child lives <strong>to</strong> seek their advice on whether it is in the best interest<br />
of the child involved <strong>to</strong> visit the patient. Such a request will be in<br />
writing <strong>to</strong> the (East Riding) Head of Strategy & Performance <strong>and</strong> will<br />
contain a copy of the hospital's assessment <strong>and</strong> any other relevant<br />
information available. The parent(s) of the child will be informed that<br />
<strong>Children</strong>’s Social Care has been contacted. If the hospital is aware of<br />
any other relevant <strong>Children</strong>’s Social Care who has been involved with<br />
the child or family, they will inform the <strong>Children</strong>’s Social Care in whose<br />
area the child lives.<br />
If the request falls within the Social Service's statu<strong>to</strong>ry responsibilities<br />
(see Appendix 2 of these Health <strong>procedure</strong>s), <strong>Children</strong>’s Social Care<br />
will contact those with parental responsibility/caring for the child, if<br />
different, <strong>to</strong> arrange a visit <strong>to</strong> undertake an assessment. In relation <strong>to</strong><br />
the proposed visit <strong>to</strong> the named patient, the assessment will establish:<br />
the child's legal relationship with the patient;<br />
the quality of the child's relationship with the patient prior <strong>to</strong><br />
hospitalization <strong>and</strong> currently;<br />
whether there has been past, alleged or confirmed abuse of the<br />
child by the patient;<br />
future risks of significant harm <strong>to</strong> the child if the visit takes<br />
place;<br />
the child's wishes <strong>and</strong> feelings about the visit taking account of<br />
the child's age <strong>and</strong> level of underst<strong>and</strong>ing;<br />
the views of those with parental responsibility, <strong>and</strong> , if different,<br />
person(s) with day <strong>to</strong> day care of the child;<br />
any other relevant information about the child <strong>and</strong> family from<br />
this or other areas; <strong>and</strong><br />
frequency of contact considered appropriate.<br />
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<strong>Children</strong>’s Social Care will send a report <strong>to</strong> the nominated officer at the<br />
hospital stating whether the visit will be in the child's best interest <strong>and</strong><br />
given details from the assessment. The hospital's nominated officer<br />
should receive the report within one month of receipt of the referral<br />
letter <strong>to</strong> the (East Riding) Head of Strategy & Performance.<br />
In cases where those with parental responsibility will not co-operate<br />
with the <strong>Children</strong>’s Social Care assessment, <strong>Children</strong>’s Social Care<br />
must consider its legal position. Only a limited report or none at all<br />
may be made <strong>and</strong> such information must be conveyed <strong>to</strong> the hospital.<br />
If <strong>Children</strong>’s Social Care concludes that the visit should not take place,<br />
the nominated officer should not allow the visit, <strong>and</strong> will inform the<br />
patient, child (if appropriate), persons with parental responsibility<br />
<strong>and</strong>/or day <strong>to</strong> day care of the child of this decision.<br />
If <strong>Children</strong>’s Social Care advise that a visit would be in the child's best<br />
interest, the nominated officer will make a decision following<br />
discussion with <strong>Children</strong>’s Social Care in the light of the potential risk<br />
posed by the patient <strong>and</strong> the potential risk of significant harm being<br />
suffered by the child.<br />
Any visits will be properly set up <strong>and</strong> supervised <strong>and</strong> hospitals may<br />
seek advice from <strong>Children</strong>’s Social Care about what is appropriate for a<br />
specific child. The hospital must ensure that the child has contact only<br />
with the named patient, that the visit takes place in a supervised, child<br />
friendly area <strong>and</strong> never on the Ward. There should be sufficient staff<br />
of an appropriate grade who are informed about child protection issues<br />
<strong>and</strong> the needs of children <strong>to</strong> supervise the visit. An appropriate person,<br />
falling under the definitions set out in Appendix 3 of these health<br />
<strong>procedure</strong>s, should accompany the child.<br />
All visits will take place at a frequency agreed as being in the child's<br />
best interests <strong>and</strong> each visit will be authorised. An agreed visit may<br />
be cancelled if the patient's mental condition on that day would<br />
present a risk <strong>to</strong> the child. An agreement <strong>to</strong> visits generally lasts for<br />
12 months unless circumstances change <strong>and</strong> will be reviewed after 12<br />
months.<br />
<strong>Children</strong>’s Social Care should inform the LSCB quarterly of requests for<br />
such visits <strong>and</strong> the outcome of assessments.<br />
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Appendix 1<br />
PERMITTED CATEGORIES OF RELATIONSHIP<br />
In the case of patients who:<br />
are convicted of murder or manslaughter; or<br />
are convicted of an offence listed in Schedule 1 <strong>to</strong> the Sex<br />
Offenders Act 1997; or<br />
have been found unfit <strong>to</strong> be tried or not guilty by reason of<br />
insanity in respect of a charge of murder, manslaughter or an<br />
offence under Schedule 1 <strong>to</strong> the Sex Offenders Act 1997,<br />
the child must be within the permitted categories of relationship i.e. the<br />
patient must be either:<br />
the parent or relative of that child; or<br />
have parental responsibility for that child; or<br />
have been cohabiting with the parent of that child immediately<br />
prior <strong>to</strong> their detention under the Mental Health Act 1983 <strong>and</strong> the<br />
child was treated as a member of their household.<br />
"Parent" means mother, father, adoptive mother or father, stepmother or<br />
stepfather.<br />
"Relative" means any of the above or gr<strong>and</strong>parent, sibling, uncle, aunt or<br />
cousin related <strong>to</strong> that child by blood (including half blood) or marriage.<br />
Permitted categories of relationship do not apply where there is a Contact<br />
Order under the <strong>Children</strong> Act 1989 specifying that the child may visit the<br />
patient in the special hospital.<br />
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Appendix 2<br />
CHILDREN’S SOCIAL CARE STATUTORY RESPONSIBILITIES<br />
When a Local Authority receives a request from a special hospital for advice,<br />
it must consider whether it has powers under the <strong>Children</strong> Act 1989 <strong>to</strong><br />
undertake the necessary assessment.<br />
If a child is:<br />
‘looked after’ by a Local Authority; or<br />
a child in need <strong>and</strong> being provided with Part III services; or<br />
on the Local Authority Child Protection Register; or<br />
a closed case but known <strong>to</strong> <strong>Children</strong>’s Social Care e.g. formerly<br />
‘looked after’ or on the Child Protection Register, etc.,<br />
the Local Authority has the powers <strong>to</strong> respond <strong>to</strong> the special hospital's<br />
request for advice.<br />
If the child was not previously known <strong>to</strong> <strong>Children</strong>’s Social Care but the<br />
person with parental responsibility indicates that they will cooperate with an<br />
assessment, <strong>Children</strong>’s Social Care should consider this a request under<br />
Section 17 of the <strong>Children</strong> Act 1989.<br />
If it is known that the patient requesting the visit is a sex offender or for<br />
other reasons poses a potential risk of significant harm <strong>to</strong> the child,<br />
<strong>Children</strong>’s Social Care should consider whether an assessment under Section<br />
17 or section 47 is appropriate.<br />
Where <strong>Children</strong>’s Social Care believes it has a statu<strong>to</strong>ry power <strong>to</strong> undertake<br />
the assessment, they should explain this <strong>to</strong> the family <strong>and</strong> the child having<br />
regard <strong>to</strong> the age <strong>and</strong> underst<strong>and</strong>ing of the child <strong>and</strong> her/his wishes <strong>and</strong><br />
feelings.<br />
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Appendix 3<br />
ACCOMPANYING A CHILD ON A VISIT TO A<br />
SPECIAL HOSPITAL<br />
Who may accompany the child on the visit? The person with parental<br />
responsibility may not wish <strong>to</strong> or be able <strong>to</strong>, so the categories below have<br />
been drawn up by the Health Service <strong>to</strong> enable parents <strong>to</strong> nominate<br />
someone else <strong>to</strong> accompany their child on a special hospital visit.<br />
The child may be accompanied by:<br />
a person with parental responsibility for her/him <strong>and</strong> with whom<br />
he/she is living, or a parent or relative of the child nominated by<br />
that person; or any other person who has day <strong>to</strong> day care of the<br />
child; or<br />
where the child is subject <strong>to</strong> a Care Order<br />
a person delegated by the designated Local Authority in whose<br />
care the child is placed; or<br />
where the child is accommodated<br />
a person who has parental responsibility for the child or, with the<br />
consent of the Local Authority, a parent or relative of the child or<br />
other person.<br />
The person nominated under the last two categories may, for example, be a<br />
Local Authority Social Worker or foster carer.<br />
The hospital's nominated officer may allow a young person aged 16 or 17 <strong>to</strong><br />
visit unaccompanied if satisfied this is unlikely <strong>to</strong> prejudice the child's<br />
welfare.<br />
In exceptional circumstances, the Chief Executive of the special hospital can<br />
allow a visit where a person, who is not in any of the relationship categories<br />
as specified, accompanies the child.<br />
All persons nominated should know the child well <strong>and</strong> be able <strong>to</strong> ensure the<br />
child's safety <strong>and</strong> wellbeing during <strong>and</strong> after the visit, including persons<br />
nominated in exceptional circumstances by the Chief Executive of the<br />
hospital.<br />
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13. SUBSTANCE MISUSE IN PREGNANCY<br />
This guidance was been developed jointly between:<br />
Hull <strong>and</strong> East Yorkshire Hospitals NHS Trust;<br />
Hull <strong>and</strong> East Riding Community Health NHS Trust;<br />
<strong>Children</strong>’s Social Care – Hull <strong>and</strong> East Riding<br />
East Riding <strong>and</strong> Hull Health Authority;<br />
<strong>and</strong> supports “Substance Misuse <strong>and</strong> Child Protection for<br />
<strong>Children</strong>, <strong>Young</strong> <strong>People</strong> <strong>and</strong> Parents - Guidance for all<br />
Agencies” (1999 – Drug Action Team & ACPC) <strong>to</strong> ensure a healthy<br />
baby <strong>and</strong> mother.<br />
1. Guidance Notes<br />
These guidelines aim <strong>to</strong> provide staff with a framework <strong>to</strong> ensure an<br />
appropriate assessment <strong>and</strong> management plan is implemented in<br />
circumstances where a pregnant woman uses substances/alcohol. The<br />
focus of the care plan is <strong>to</strong> ensure appropriate support services are<br />
available <strong>to</strong> the women <strong>and</strong> their families.<br />
These guidelines are complemented by an assessment <strong>to</strong>ol which will<br />
be completed with the individual woman <strong>and</strong> her family by the<br />
Midwife. This will ensure that informed decisions are made in<br />
partnership with families.<br />
2. The Assessment<br />
An assessment will be undertaken when a woman is known <strong>to</strong> use<br />
drugs/alcohol. This will be initiated by the Midwife at the first contact<br />
where use of substances by the women is identified <strong>and</strong> will continue<br />
throughout the pregnancy.<br />
Where concerns around significant harm are identified, a referral <strong>to</strong><br />
<strong>Children</strong>’s Social Care will be required.<br />
“The consent of children, young people <strong>and</strong> their parents or caregivers<br />
should be obtained when sharing information unless <strong>to</strong> do so would<br />
place the child at risk of significant harm. Decisions should also be<br />
made with their agreement, whenever possible, unless <strong>to</strong> do so would<br />
place the child at risk of significant harm.”<br />
“<strong>Working</strong> Together …”, 2006<br />
This principle should also apply <strong>to</strong> members of staff who would be<br />
placed at risk of harm.<br />
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Parents/carers may not agree <strong>to</strong> information being shared, but this<br />
should not prevent referrals where child protection concerns persist.<br />
Reasons for dispensing with agreement by the family should be clearly<br />
recorded.<br />
The on-going assessment by the Midwife will contribute <strong>to</strong> any<br />
assessment undertaken by the <strong>Children</strong>’s Social Care in line with the<br />
“Framework For The Assessment Of <strong>Children</strong> In Need And Their<br />
Families” DoH et al, 2000<br />
It is the responsibility of all professionals in the community <strong>and</strong>/or<br />
hospital involved in the care of women <strong>and</strong> their families, <strong>to</strong> share <strong>and</strong><br />
provide information. This is <strong>to</strong> assess the level of need/risk regarding<br />
the safety <strong>and</strong> protection of the unborn baby.<br />
3. Documentation<br />
Reference should be made <strong>to</strong> the assessment in the woman's <strong>and</strong> then<br />
subsequently in the baby's records.<br />
The recording of information <strong>and</strong> decision making regarding the level<br />
of concerns is the responsibility of the assessment team.<br />
4. Planning Meetings<br />
Regular planning meetings will be arranged <strong>to</strong> review management of<br />
the current cases. As a minimum it is expected that there will be a<br />
pre-birth planning meeting <strong>and</strong> a post -natal discharge planning<br />
discussion involving the assessment team. A support plan aimed at<br />
meeting the needs of the woman <strong>and</strong> the baby will be agreed as<br />
appropriate. This may take the form of a multidisciplinary meeting <strong>to</strong><br />
discuss a number of cases.<br />
5. <strong>Working</strong> In Partnership<br />
It is expected that the team will work in partnership with the woman<br />
<strong>and</strong> aim <strong>to</strong> provide support <strong>and</strong> advice <strong>to</strong> the family.<br />
6. H<strong>and</strong>over From The Midwife To The Health Visi<strong>to</strong>r<br />
A formal h<strong>and</strong>over between midwifery <strong>and</strong> health visiting services must<br />
arranged.<br />
A joint home visit would be considered as being good practice.<br />
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7. Communication<br />
There must be effective liaison arrangements between primary <strong>and</strong><br />
secondary care teams. To promote this the following communication<br />
must be initiated:<br />
General Practitioner should inform midwifery <strong>and</strong> obstetric service if<br />
they are:-<br />
aware that a pregnant woman is a current drug/alcohol user,<br />
including extent <strong>and</strong> nature of the use;<br />
aware of extent <strong>and</strong> level of substance use of the partner, if known;<br />
aware of involvement of specialist agencies;<br />
aware of previous significant child care difficulties; <strong>and</strong>/or<br />
aware of health <strong>and</strong> safety risks <strong>to</strong> professionals.<br />
Midwife should inform the Obstetrician, Health Visi<strong>to</strong>r <strong>and</strong><br />
Paediatrician if they are aware of the women's<br />
substance/alcohol intake.<br />
Obstetric Team should consult with Specialist Drugs agencies in<br />
order <strong>to</strong> assess current use of alcohol/drugs by the woman <strong>and</strong> her<br />
partner if possible.<br />
Specialist Drug Agencies are encouraged <strong>to</strong> assess current use of<br />
alcohol/drugs by the woman <strong>and</strong> her partner <strong>and</strong> liaise with the<br />
assessment team.<br />
Accident <strong>and</strong> Emergency should liaise with maternity services in<br />
respect of any relevant Accident <strong>and</strong> Emergency attendance of a<br />
pregnant woman whom they suspect may be using drugs <strong>and</strong> alcohol.<br />
8. Non-Attendance For Ante-Natal Care<br />
The Trust <strong>policy</strong> for follow-up of non-attendees at antenatal<br />
appointments must be followed.<br />
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9. Child Welfare Concerns<br />
The Common Assessment Framework (CAF) provides a common<br />
process for an early holistic approach <strong>to</strong> identify more accurately <strong>and</strong><br />
speedily a child/young person’s additional needs. It will be used by all<br />
those working with children, young people <strong>and</strong> families <strong>and</strong> will enable<br />
them <strong>to</strong>:<br />
develop a common language<br />
develop a common underst<strong>and</strong>ing of thresholds of need <strong>and</strong><br />
interventions<br />
share information appropriately <strong>and</strong> effectively<br />
identify who (agency/organisation/professional <strong>and</strong> family<br />
member) is best placed <strong>to</strong> respond <strong>to</strong> any identified additional<br />
need<br />
improve the quality of referrals between agencies<br />
prevent duplication for children/families <strong>and</strong> professionals where<br />
further assessment is required<br />
Where a child or young person has additional needs; a lead<br />
professional/worker will be identified who will<br />
provide a key point of contact for the child, family <strong>and</strong> those<br />
working <strong>to</strong> support them<br />
ensure a co-ordinated response <strong>to</strong> meet identified needs<br />
plan, moni<strong>to</strong>r <strong>and</strong> review the support <strong>and</strong> services offered<br />
If at any time, during the CAF process, concerns arise that a<br />
child/young person is at risk of significant harm, a referral will need <strong>to</strong><br />
be made <strong>to</strong> <strong>Children</strong>’s Social Care.<br />
10. Referral To <strong>Children</strong>’s Social Care<br />
If professionals have concerns that a baby or a child may be in need<br />
<strong>and</strong>/or at risk of significant harm, a referral must be made <strong>to</strong><br />
<strong>Children</strong>’s Social Care.<br />
Any verbal referral made must be followed up in writing within 2 days.<br />
<strong>Children</strong>’s Social Care will respond in writing <strong>to</strong> the referrer within 24<br />
hours informing them of the next course of action.<br />
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11. Confidentiality<br />
Each Trust should have a <strong>policy</strong> on confidentiality, including the limits<br />
in relation <strong>to</strong> significant harm <strong>to</strong> children.<br />
Consideration must be given <strong>to</strong> the extent of personal information<br />
disclosed. Some agencies may hold a lot of personal information on<br />
individuals but not all of this may be relevant <strong>to</strong> the purpose of the<br />
information sharing arrangements.<br />
The requirements of the Data Protection Act 1999 must be followed.<br />
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14. PRE-TRIAL THERAPY<br />
1. The aim of this pro<strong>to</strong>col is <strong>to</strong> set out <strong>procedure</strong>s in relation <strong>to</strong><br />
child witnesses who are <strong>to</strong> be provided with therapy prior <strong>to</strong> a<br />
criminal trial. It is designed <strong>to</strong> complement the joint Home<br />
Office/Crown Prosecution Service/Department of Health Practice<br />
Guidance.<br />
http://www.homeoffice.gov.uk/documents/therapy-vlnrbl-childwitness.pdf?view=Binary<br />
Any person who is <strong>to</strong> conduct therapy with such a child witness<br />
must be conversant with that Practice Guidance. If there are<br />
concurrent civil proceedings in the family court, guidance should<br />
be sought as <strong>to</strong> whether leave of the court is required.<br />
2. Prior <strong>to</strong> a case being allocated <strong>to</strong> a therapist the social<br />
worker/district child care manager should liaise with the Police<br />
officer in the case/Detective Inspec<strong>to</strong>r from the Child Protection<br />
Team involved with the matter. The purpose of this liaison is <strong>to</strong><br />
establish whether there are any investigative matters<br />
outst<strong>and</strong>ing or/<strong>and</strong> any other issues that might affect the<br />
advisability of commencing therapy.<br />
3. The identified Police officer should then inform the Crown<br />
Prosecu<strong>to</strong>r with responsibility for the case that a need for<br />
therapy had been identified <strong>and</strong> should ascertain if the Crown<br />
Prosecution Service has any views on the possible impact of the<br />
proposed therapy upon the criminal proceedings.<br />
4. The identified Police officer informs the social worker/district<br />
child care manager of any views that may have been expressed<br />
as above <strong>and</strong> a decision can then be made as <strong>to</strong> whether it is in<br />
the best interest of the child <strong>to</strong> proceed with the therapy at that<br />
stage.<br />
5. If therapy is <strong>to</strong> commence the therapist should be made aware<br />
of any pending criminal proceedings <strong>and</strong> should be provided with<br />
a document prepared by the identified Police officer setting out a<br />
summary of the allegations made by the child witness.<br />
6. Before therapy commences the therapist must inform the child<br />
<strong>and</strong> carers that confidentiality cannot be guaranteed in advance<br />
<strong>and</strong> should reach an underst<strong>and</strong>ing with them of the<br />
circumstances under which material obtained during the therapy<br />
sessions may be required <strong>to</strong> be disclosed.<br />
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7. Therapy may then commence under the following conditions:<br />
The child receives individual sessions with the same<br />
therapist.<br />
The child is not involved in any group sessions prior <strong>to</strong><br />
giving evidence.<br />
The therapeutic process should follow the guidelines in<br />
part 5 of the Practice Guidance <strong>and</strong> should represent a<br />
child focused way of working i.e. no direct questioning of<br />
the child about his/her experiences, <strong>and</strong> should go at the<br />
child’s pace.<br />
When/if a child chooses <strong>to</strong> talk about his/her abusive<br />
experiences for which the perpetra<strong>to</strong>r is awaiting trial, the<br />
therapist should acknowledge what the child has said <strong>and</strong><br />
made appropriate generalised commented but should not<br />
ask probing, investigative questions. It is recognised that<br />
the disclosure by adults of a traumatic event rarely occurs<br />
as a one off event <strong>and</strong> is seen, in practice, as a process in<br />
which facts <strong>and</strong> details evolve over a period of time.<br />
<strong>Children</strong> are no exception <strong>to</strong> this.<br />
Should a child disclose further abusive experiences, the<br />
therapist should follow the Local <strong>Safe</strong>guarding <strong>Children</strong><br />
Board <strong>procedure</strong>s as <strong>to</strong> reporting those allegations.<br />
The therapist completes a form after each session in which<br />
the following data is included: date <strong>and</strong> location of the<br />
session, name of therapist, names of anyone else present,<br />
length of session, confirmation whether written records<br />
were made, an indication as <strong>to</strong> whether any disclosure of<br />
materially new allegations was made by the child, an<br />
indication as <strong>to</strong> whether the child gave any details of the<br />
allegation against the alleged perpetra<strong>to</strong>r <strong>and</strong>, if so,<br />
whether anything was said by the child which was<br />
inconsistent with the allegations as outlined in the<br />
summary referred <strong>to</strong> at paragraph 5 as above.<br />
8. A copy of the completed form should be forwarded <strong>to</strong> the<br />
identified Police officer who will <strong>keep</strong> a copy <strong>and</strong> forward a<br />
further copy <strong>to</strong> the Crown Prosecution Service.<br />
If, following discussion with the child <strong>and</strong> carer, agreement is<br />
reached that details of what has been said about the allegation<br />
can be disclosed then such details should be provided <strong>to</strong> the<br />
Crown Prosecution Service.<br />
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Upon receipt of the form, any further details as may be disclosed<br />
as above, he Crown Prosecu<strong>to</strong>r will then have <strong>to</strong> consider the<br />
question of disclosure of such information <strong>to</strong> the Defence. It<br />
may thereafter be necessary for an application <strong>to</strong> be made <strong>to</strong> the<br />
court, as outlined in paragraph 3.14 of the Practice Guidance.<br />
N.B. Where a young witness is an inpatient in a<br />
therapeutic unit; all members of staff need <strong>to</strong><br />
be made aware of this pro<strong>to</strong>col <strong>and</strong>, in the<br />
event of a discussion relevant <strong>to</strong> the criminal<br />
proceedings taking place, should follow the<br />
same notification <strong>procedure</strong>.<br />
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Child witness:<br />
Name of defendant:<br />
Child Witness Pre-Trial Therapy<br />
Summary of Allegations Form<br />
(To be completed by the identified Police Officer)<br />
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Date of birth:<br />
PTI number:<br />
Has defendant been charged: Yes/No (please delete as appropriate)<br />
Brief details of charges:<br />
Summary of the allegations made by the child witness:<br />
Dated:<br />
Name of officer in case:<br />
Contact number:<br />
Signed:<br />
Address:<br />
HUMBERSIDE YOUNG<br />
WITNESS SERVICE<br />
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CHILD WITNESS<br />
NOTIFICATION OF PRE-TRIAL THERAPY<br />
(<strong>to</strong> be forwarded <strong>to</strong> the Identified Police Officer for onward transmission <strong>to</strong> the<br />
Crown<br />
Prosecution Service)<br />
Name of child witness:<br />
Date of birth: PTI number:<br />
Date of therapy session: Location:<br />
Start time: Finish time:<br />
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Details of the Session<br />
1. Has the summary of the allegations made by the<br />
child witness been read prior <strong>to</strong> the session?<br />
2.<br />
Has a written/audio record been made?<br />
(indicate which)<br />
3. Did the child witness discuss any details of the<br />
allegations against the alleged perpetra<strong>to</strong>r?<br />
4. If yes, were there any inconsistencies between<br />
the details given <strong>and</strong> the allegations made by the<br />
child contained in the Police summary?<br />
If yes give details overleaf.<br />
5. Did the child witness disclose any new allegations<br />
against the alleged perpetra<strong>to</strong>r?<br />
If yes give details overleaf.<br />
6. Did the child disclose any further abusive<br />
experiences by or <strong>to</strong>ward any other persons?<br />
If yes proceed with ACPC <strong>procedure</strong>s.<br />
Date reported__________ Who <strong>to</strong><br />
________________<br />
(please circle)<br />
Yes No<br />
Yes No<br />
Yes No<br />
Yes No<br />
Yes No<br />
Yes No<br />
HUMBERSIDE YOUNG<br />
WITNESS SERVICE<br />
This Form Should be Completed in Conjunction with the ‘Pre-Trial Therapy<br />
Pro<strong>to</strong>col’ <strong>and</strong> ‘Provision of Therapy for Child Witnesses Prior <strong>to</strong> a Criminal Trial<br />
Practice Guidance’<br />
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Signed__________________________ Dated _________________<br />
Name, base address<br />
<strong>and</strong> contact telephone Address:_______________________________________<br />
number of therapist:<br />
______________________________________________<br />
______________________Telephone ________________<br />
Further Details<br />
4) Inconsistencies:<br />
5) New Allegations:<br />
6) Further Abusive Experiences:<br />
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15. DEALING WITH COMPLAINTS<br />
COMPLAINTS ABOUT WORK CARRIED OUT UNDER THE LOCAL<br />
SAFEGUARDING CHILDREN BOARD<br />
1 Child Protection Conferences – Definition Of A Complaint<br />
Complaints about the child protection work of individual agencies<br />
should be h<strong>and</strong>led in line with that particular agency’s complaints<br />
<strong>procedure</strong>s. For example complaints about individual social work<br />
actions leading up <strong>to</strong> the Child Protection Conference would be dealt<br />
with under this general Departmental complaints <strong>procedure</strong> <strong>and</strong> be<br />
processed by the <strong>Children</strong>’s Complaints Manager in the usual way.<br />
A complaint can be dealt with under the Child Protection Conference<br />
complaints <strong>procedure</strong> if it concerns:<br />
a) the process of the conference<br />
b) the factual basis of the outcome, in that it does not support the<br />
category of initial or continuing registration<br />
c) a decision <strong>to</strong> register, <strong>to</strong> not register, <strong>to</strong> de-register or <strong>to</strong> continue<br />
registration.<br />
The complaints <strong>procedure</strong> is not an appeal process against a decision<br />
that the would-be complainant does not agree with. It cannot be used<br />
<strong>to</strong> reconsider <strong>and</strong> overturn a decision which has been arrived at in a<br />
fair, reasonable <strong>and</strong> proper manner.<br />
Somebody who wishes <strong>to</strong> change the outcome of a well-run conference<br />
<strong>and</strong> who reasonably wished <strong>to</strong> change the outcome would make a<br />
representation.<br />
The circumstances for a representation may arise when a service user<br />
requests a re-evaluation of existing or new information which<br />
reasonably might have changed a conference decision. The<br />
Conference Chair must be initially made aware of this, who will discuss<br />
the situation with the ICRO Manager. The discussion will be noted,<br />
<strong>and</strong> the reconvening of the conference will be a possible option. In no<br />
circumstances may a Child Protection Plan or registration be modified<br />
until formally changed by a Child Protection Conference.<br />
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2. Procedure<br />
A complaint should be put in writing <strong>and</strong> sent <strong>to</strong> the Chair of the Child<br />
Protection Conference. If it has been sent <strong>to</strong> the <strong>Children</strong>’s<br />
Complaints Officer, s/he will re-direct it.<br />
INFORMAL STAGE:<br />
The Conference Chair <strong>and</strong> the <strong>Children</strong>’s Complaints Officer will<br />
attempt <strong>to</strong> resolve the complaint by meeting with the complainant.<br />
The <strong>Children</strong>’s Complaints Officer will write <strong>to</strong> the complainant within 5<br />
working days of the meeting, summarising the findings. The<br />
complainant will be invited, if still dissatisfied, <strong>to</strong> make a response <strong>to</strong><br />
the <strong>Children</strong>’s Complaints Officer within 5 working days of<br />
receiving the letter. If this is the case, an inter-agency panel will be<br />
set up <strong>to</strong> further examine the complaint.<br />
Note: if the complaint was about the conduct of the Chair or the<br />
manner in which s/he conducted the Child Protection Conference, the<br />
complaint will be investigated by the Manager supervising the<br />
relevant Chair.<br />
INTER-AGENCY PANEL:<br />
The panel will be set up by the <strong>Children</strong>’s Complaints Officer within 15<br />
working days. Panel members will be representatives from the<br />
agencies participating in the Local <strong>Safe</strong>guarding <strong>Children</strong> Board<br />
(replacing ACPC).<br />
The Panel will consider:<br />
a) how the business of the conference was conducted, <strong>and</strong> whether<br />
the rules were followed properly.<br />
b) whether it was reasonable <strong>to</strong> come <strong>to</strong> the decision about<br />
registration.<br />
The Panel will decide if the complaint is upheld <strong>and</strong>, if so, make<br />
recommendations.<br />
If the complaint is not upheld, the Panel Chair will write <strong>to</strong> the<br />
complainant, giving reasons for the decision within 5 working days of<br />
the meeting.<br />
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If the complaint is upheld, the Child Protection Conference will be<br />
reconvened with the same participants <strong>and</strong> a new independent Chair.<br />
The new conference must be held within 15 working days of the<br />
Panel meeting. The reconvened conference will consider the<br />
recommendations of the Panel <strong>and</strong> decide whether the condition for<br />
registration is met, <strong>and</strong> the relevant category.<br />
FINAL RESOLUTION:<br />
If the complainant remains dissatisfied after the reconvened conference, he<br />
may request that the Inter-Agency Panel reviews the position. The Panel<br />
will be convened as before within 15 working days of the request for<br />
review. An independent person will chair this meeting. Again the<br />
complainant will be informed by the Chair within 5 working days of the<br />
outcome: the decision of the panel is final.<br />
(This section will be updated when regulations on the revision of Local<br />
Authority Complaints Procedures under the <strong>Children</strong> Act (1989) are revised<br />
later in 2006).<br />
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16. MANAGING INDIVIDUALS WHO POSE A RISK OF HARM<br />
TO CHILDREN<br />
Introduction<br />
1. This section provides practice guidance <strong>and</strong> information about a<br />
range of mechanisms that are available when managing people<br />
who have been identified as presenting a risk or potential risk of<br />
harm <strong>to</strong> children. Areas covered include:<br />
• collaborative working between organisations <strong>and</strong> agencies<br />
<strong>to</strong> identify <strong>and</strong> manage people who present a risk of harm<br />
<strong>to</strong> children;<br />
• the Multi-Agency Public Protection Arrangements (MAPPA)<br />
which enable agencies <strong>to</strong> work <strong>to</strong>gether when dealing with<br />
people who require a greater degree of resources <strong>to</strong><br />
manage the risk of harm they present <strong>to</strong> the public; <strong>and</strong><br />
• Other processes <strong>and</strong> mechanisms for working with people<br />
who present a risk <strong>to</strong> children.<br />
Collaborative <strong>Working</strong><br />
2 The <strong>Children</strong> Act 1989 recognised that the identification <strong>and</strong><br />
investigation of child abuse <strong>to</strong>gether with the protection <strong>and</strong><br />
support of victims <strong>and</strong> their families requires multi-agency<br />
collaboration. This has rightly focussed on the child <strong>and</strong> the<br />
supporting parent/carer. As part of that protection, action has<br />
been taken, usually by the Police <strong>and</strong> social service, <strong>to</strong> prosecute<br />
known offenders or control their access <strong>to</strong> vulnerable children.<br />
3 This work, whilst successful in addressing the safety of particular<br />
victims has not always acknowledged the on-going risk of harm<br />
that an individual perpetra<strong>to</strong>r may present <strong>to</strong> other children in<br />
the future.<br />
Use of the term ‘Schedule One Offender’<br />
4 The term ‘Schedule One offender’ <strong>and</strong> ‘Schedule One offence’<br />
has been commonly used for anyone convicted of an offence<br />
against a child listed in Schedule One of the <strong>Children</strong> <strong>and</strong> <strong>Young</strong><br />
Person’s Act 1933.<br />
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However, a conviction for an offence in Schedule One does not<br />
trigger any statu<strong>to</strong>ry requirement in relation <strong>to</strong> child protection<br />
issues <strong>and</strong> inclusion on the schedule was determined solely by<br />
the age of the victim <strong>and</strong> offence for which the offender was<br />
sentenced <strong>and</strong> not by an assessment of future risk of harm <strong>to</strong><br />
children.<br />
5 Therefore the term ‘Schedule One offender’ is no longer<br />
used. It has been replaced with ‘Risk <strong>to</strong> <strong>Children</strong>’. This<br />
clearly indicates that the person has been identified as<br />
presenting a current risk or potential risk of harm <strong>to</strong> children.<br />
6 Interim guidance in the form of a Home Office Circular 1 has been<br />
issued explaining how those people who present a potential risk<br />
or risk of harm <strong>to</strong> children should be identified. The Circular<br />
explains that the present method of au<strong>to</strong>matically identifying an<br />
offender, who has been convicted of an offence listed in<br />
Schedule One of the <strong>Children</strong> <strong>and</strong> <strong>Young</strong> Person’s Act 1933, as a<br />
risk <strong>to</strong> children, fails <strong>to</strong> focus on those who continue <strong>to</strong> present a<br />
risk. For a copy of the circular please access the Home Office<br />
website.<br />
7 The list of offences attached <strong>to</strong> that Circular carries no statu<strong>to</strong>ry<br />
requirements, but practitioners working in this area should use<br />
the list as a ‘trigger’ <strong>to</strong> a further assessment <strong>to</strong> determine if an<br />
offender should be regarded as presenting a continued risk of<br />
harm <strong>to</strong> children 2 . This allows agencies <strong>to</strong> focus resources on the<br />
correct group of individuals <strong>and</strong> not include those who have been<br />
identified solely because a child was harmed during the offence,<br />
for example as in the case of a road traffic accident. An offender<br />
who has harmed a child might not continue <strong>to</strong> present a risk<br />
<strong>to</strong>wards that child or other children. Practitioners should also<br />
consider that where a juvenile offender (aged under 18 years)<br />
offends against a child it is possible that there is little or no<br />
future risk of harm <strong>to</strong> other children, <strong>and</strong> the stigma of being<br />
identified as presenting a continued risk of harm <strong>to</strong> children is<br />
potentially damaging <strong>to</strong> the development of the juvenile<br />
offender.<br />
1 Guidance on offences against children, Home Office Circular 16/2005<br />
2 List of Offences attached <strong>to</strong> above Circular.<br />
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8 Once an individual has been sentenced <strong>and</strong> identified as<br />
presenting a risk <strong>to</strong> children, agencies have a responsibility <strong>to</strong><br />
work collaboratively <strong>to</strong> moni<strong>to</strong>r <strong>and</strong> manage the risk of harm <strong>to</strong><br />
others. Where the offender is given a community sentence,<br />
probation service Offender Managers (or Youth Offending Team<br />
workers) will moni<strong>to</strong>r the individual’s risk <strong>to</strong> others <strong>and</strong><br />
behaviour <strong>and</strong> liaise with partner agencies as appropriate.<br />
9 In cases where the offender has been sentenced <strong>to</strong> a period of<br />
cus<strong>to</strong>dy, prison establishments will undertake a similar<br />
responsibility, <strong>and</strong> in addition, notify other agencies prior <strong>to</strong> any<br />
period of release. New offences targeted at those who abuse<br />
children through prostitution<br />
10 Those who abuse or exploit children through prostitution should<br />
feel the full force of the law. The Sexual Offences Act 2003<br />
introduced a number of new offences <strong>to</strong> deal with those who<br />
abuse <strong>and</strong> exploit children in this way. They protect children up<br />
<strong>to</strong> the age of 18 <strong>and</strong> can attract <strong>to</strong>ugh penalties. They include:<br />
• paying for the sexual services of a child;<br />
• causing or inciting child prostitution;<br />
• arranging or facilitating child prostitution;<br />
• controlling a child prostitute.<br />
11 These are not the only charges that may be brought against<br />
those who use or abuse children through prostitution. Abusers<br />
<strong>and</strong> coercers often physically, sexually <strong>and</strong> emotionally abuse<br />
these children <strong>and</strong> may effectively imprison them. If a child is<br />
victim of serious offences, the most serious charge that the<br />
evidence will support should always be used.<br />
Multi Agency Public Protection Arrangements (MAPPA)<br />
12 Multi Agency Public Protection Arrangements provide a national<br />
framework in Engl<strong>and</strong> <strong>and</strong> Wales for the assessment <strong>and</strong><br />
management of risk posed by serious <strong>and</strong> violent offenders. This<br />
includes offenders who are considered <strong>to</strong> pose a risk, or potential<br />
risk of harm <strong>to</strong> children. This framework impose statu<strong>to</strong>ry<br />
requirements on the Police, probation <strong>and</strong> prison services (the<br />
“Responsible Authorities”) <strong>to</strong> make these arrangements <strong>and</strong><br />
places a duty <strong>to</strong> co-operate with the Responsible Authority on a<br />
number of agencies providing services <strong>to</strong> offenders including<br />
health, housing, <strong>Children</strong>’s Social Care, education, youth<br />
offending teams, jobcentre plus, <strong>and</strong> electronic moni<strong>to</strong>ring<br />
providers 3 .<br />
3 ss 325-326, Criminal Justice Act (2003) which came in<strong>to</strong> effect on 5 th April 2004.<br />
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Current National Guidelines 4 on implementing MAPPA were<br />
introduced in April 2004 <strong>and</strong> updated guidelines are expected<br />
during the coming year.<br />
The duties <strong>and</strong> obligations of the Responsible Authority are<br />
discharged through the Strategic Management Board. To provide<br />
consistency <strong>and</strong> a central awareness a Humberside Area<br />
Strategic Management Board is in place <strong>and</strong> comprises of lead<br />
officers from Police, Probation <strong>and</strong> Prison, representatives from a<br />
number of agencies with a “duty <strong>to</strong> Co-operate” <strong>and</strong> Lay<br />
Advisors.<br />
13 While MAPPA will not address the concerns of further serious<br />
harm posed by all perpetra<strong>to</strong>rs of child abuse, its purpose is <strong>to</strong><br />
focus on convicted sexual <strong>and</strong> violent offenders returning <strong>to</strong> <strong>and</strong><br />
in the community. The development of national databases, in<br />
particular ViSOR will significantly enhance the capability <strong>to</strong> track<br />
offenders who move between communities <strong>and</strong> across<br />
organisational boundaries.<br />
14 Practitioners, through rigorous risk assessment on an individual<br />
case basis, should, where appropriate, refer offenders <strong>to</strong> the<br />
MAPPA process. Our Area now has a Co-ordina<strong>to</strong>r which is a joint<br />
Police <strong>and</strong> probation secondment. The Area MAPPA Co-ordina<strong>to</strong>r,<br />
supported by local co-ordina<strong>to</strong>rs in probation field offices works<br />
closely with the Police Risk Management Officers attached <strong>to</strong> the<br />
Police divisional Family Protection Units <strong>and</strong> can be contacted<br />
directly or via any of the local co-ordina<strong>to</strong>rs 5 or Police risk<br />
management officers. Referrals <strong>to</strong> MAPPA or any queries in<br />
regard <strong>to</strong> the appropriateness of referrals should be made <strong>to</strong> any<br />
of the above contacts.<br />
15 The full MAPPA Guidance <strong>and</strong> Area Annual MAPPA Reports,<br />
which include examples of Case Studies, are available on the<br />
following website.<br />
http://www.probation.homeoffice.gov.uk/output/page30.asp<br />
4 Multi Agency Public Protection Arrangements. 2004. Home Office.<br />
5 Area MAPPA Co-ordina<strong>to</strong>r contact sheet<br />
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Identification of MAPPA Offenders<br />
16 Not all offenders are covered by the Multi Agency Public<br />
Protection Arrangements so effective multi-agency public<br />
protection needs <strong>to</strong> start with the efficient identification of those<br />
relevant offenders. Prompt <strong>and</strong> accurate identification then<br />
allows all agencies <strong>to</strong> gather <strong>and</strong> share relevant information <strong>and</strong><br />
choose the appropriate risk management strategies.<br />
17 MAPPA applies <strong>to</strong> certain categories of individuals who are<br />
currently being dealt with for a sexual or violent offence. In the<br />
main these offenders are registered sex offenders, i.e. those<br />
convicted or cautioned for certain sexual offences who are<br />
required <strong>to</strong> register with the Police, or violent <strong>and</strong> other sex<br />
offenders who generally have received a sentence of<br />
imprisonment of 12 months or more <strong>and</strong> will be supervised in<br />
the community by the probation service or youth offending<br />
teams.<br />
These offenders fall in<strong>to</strong> two categories formally defined as;<br />
Category 1: Registered sex offenders, i.e. those convicted or<br />
cautioned for certain sexual offences that are required <strong>to</strong> register<br />
with the Police.<br />
Category 2: Violent <strong>and</strong> other offenders who generally have<br />
received a sentence of imprisonment of 12 months or more.<br />
MAPPA additionally applies <strong>to</strong> those individuals whose previous<br />
convictions <strong>and</strong> behaviour indicate they are capable of causing<br />
serious harm <strong>and</strong> there is a current concern about the risk they<br />
present which requires multi agency management. Referrals in<br />
regard <strong>to</strong> this type of offender can <strong>and</strong> do arise from any of the<br />
agencies involved in MAPPA.<br />
Again, the formal definition is;<br />
Category 3: Other offenders not in either of the above categories<br />
but who are considered <strong>to</strong> pose a current risk of serious harm <strong>to</strong><br />
the public. The inclusion of these offenders under MAPPA is<br />
based on two considerations. First it must be established that<br />
the individual has a conviction for an offence which indicates<br />
they are capable of causing serious harm <strong>to</strong> the public. Secondly<br />
it must be reasonably considered that they may pose a current<br />
risk of serious harm <strong>to</strong> the public.<br />
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Sharing of relevant information<br />
18 Exchange of information is essential for effective public<br />
protection. The MAPPA Guidance clarifies how MAPPA<br />
agencies may exchange information amongst themselves,<br />
<strong>and</strong> <strong>to</strong> other persons or organisations outside the MAPPA.<br />
Multi Agency Public Protection Panels (MAPPP) can<br />
recommend that agencies disclose information about<br />
offenders <strong>to</strong> a number of organisations including schools<br />
<strong>and</strong> voluntary groups.<br />
Assessment of the risk of serious harm<br />
19 The National Offender Management Service (NOMS) assess risk<br />
of harm using the Offender Assessment System (OASys). The<br />
Youth Justice Board use ASSET for under eighteen year olds. The<br />
following describe each level of risk.<br />
• Low: no significant, current indica<strong>to</strong>rs of risk of harm.<br />
• Medium: There are identifiable indica<strong>to</strong>rs of risk of serious<br />
harm. The offender has the potential <strong>to</strong> cause serious<br />
harm but is unlikely <strong>to</strong> do so unless there is a change of<br />
circumstances (e.g. failure <strong>to</strong> take medication, loss of<br />
accommodation, relationship breakdown, drug or alcohol<br />
misuse).<br />
• High: there are identifiable indica<strong>to</strong>rs of risk of serious<br />
harm. The potential event could happen at any time <strong>and</strong><br />
the impact would be serious.<br />
• Very high: there is an imminent risk of harm. The<br />
potential event is more likely than not <strong>to</strong> happen<br />
imminently <strong>and</strong> the impact would be serious.<br />
20 Risk is categorised by reference <strong>to</strong> who may be the subject of<br />
that harm. This includes children who may be vulnerable <strong>to</strong> harm<br />
of various kinds, including violent or sexual behaviour, emotional<br />
harm or neglect. In this context, MAPPA will work closely with<br />
LSCBs <strong>to</strong> ensure the best, local joint arrangements can be made<br />
for any individual child being considered by either setting.<br />
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Managing Risk<br />
21 Through MAPPA the Responsible Authority seeks <strong>to</strong> ensure that<br />
strategies <strong>to</strong> address risk are identified <strong>and</strong> plans developed,<br />
implemented <strong>and</strong> reviewed on a regular basis. Those plans include<br />
action <strong>to</strong> moni<strong>to</strong>r the behaviour <strong>and</strong> attitudes of the offender <strong>and</strong> <strong>to</strong><br />
intervene in their life in order <strong>to</strong> control <strong>and</strong> minimise the risk of<br />
serious harm <strong>to</strong> others.<br />
22 Under the MAPPA framework there are three separate, but, connected<br />
levels, at which risk is managed. Although generally the higher the<br />
assessed level of risk the higher the level of management required<br />
this need not always be the case.<br />
The risk management structure is based on the principle that cases<br />
should be managed at the lowest level consistent with providing a<br />
defensible risk management plan.<br />
The three levels are;<br />
Level 1: Ordinary risk management.<br />
This is the level used in cases in which the risks posed by the<br />
offender can be managed by an agency without significantly involving<br />
other agencies. The majority of cases supervised by the Police or the<br />
probation services or the Youth Offending Teams come in<strong>to</strong> this level.<br />
Level 2; Local inter-agency risk management.<br />
This level of management is used where significant, active<br />
involvement of more than one agency is required. In our area we use<br />
the acronym LRMM, for Local Risk Management Meetings, for this<br />
level <strong>and</strong> LRMMs are held monthly with core members from Police,<br />
probation <strong>and</strong> “duty <strong>to</strong> co-operate” agencies.<br />
Level 3: Multi Agency Public Protection Panels (MAPPPs)<br />
This level deals with those “critical few” cases which are assessed as<br />
being a high or very high risk of causing serious harm; AND<br />
they present risks that can only be managed by a plan which requires<br />
co-operation at a senior level due <strong>to</strong> the complexities of the case<br />
<strong>and</strong>/or because of the unusual resource commitments required.<br />
Additionally cases which are exceptional because of the high media<br />
scrutiny or public interest <strong>and</strong> there is a need <strong>to</strong> ensure public<br />
confidence in the criminal justice system is sustained are dealt with at<br />
this level.<br />
MAPPPs are held fortnightly at the National Probation Service -<br />
Humberside Headquarters in Beverley.<br />
The two levels of meetings held under MAPPA result in clear<br />
actions which feed in<strong>to</strong> the risk management plans laying down<br />
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specific objectives for the management of the risk the offender<br />
presents. Responsibilities <strong>and</strong> tasks are clearly defined <strong>and</strong> firm<br />
timetables established. The plan needs <strong>to</strong> be able <strong>to</strong> deal with<br />
changing circumstances of the case <strong>and</strong> should ensure that all<br />
appropriate restraints on the offender are put in place.<br />
Other Processes <strong>and</strong> Mechanisms<br />
Offending Behaviour Programmes<br />
23 Rehabilitation of offenders is the best guarantee of long-term<br />
public protection. A range of treatment programmes have been<br />
‘tried <strong>and</strong> tested’ at a national level, which have been developed<br />
or commissioned by the prison <strong>and</strong> probation service. Examples<br />
include, Sex Offender Treatment Programmes, programmes for<br />
offenders convicted of Internet sexually related offences, <strong>and</strong> for<br />
perpetra<strong>to</strong>rs of domestic abuse.<br />
Disqualification from <strong>Working</strong> with <strong>Children</strong><br />
24 The Criminal Justice <strong>and</strong> Court Services Act 2000 (CJCSA), as<br />
amended by the Criminal Justice Act 2003, provides for people<br />
<strong>to</strong> be disqualified from working with children. A person is<br />
disqualified by either:<br />
• a Disqualification Order, made by the Crown Court when a<br />
person is convicted for an offence against a child (under<br />
18) listed in Schedule 4 <strong>to</strong> the CJCSA. Schedule 4 includes<br />
sexual offences, violent offences <strong>and</strong> offences of selling<br />
Class A drugs <strong>to</strong> a child; or<br />
• being included in a permanent capacity on the list of<br />
people who are unsuitable <strong>to</strong> work with children that is<br />
kept under s1 of the Protection of <strong>Children</strong> Act 1999 (see<br />
paragraph 11.29 below); or,<br />
• being included on DfES List 99 on the ground of being<br />
unsuitable <strong>to</strong> work with children (see paragraph 12.33<br />
below).<br />
25 When making a Disqualification Order the court applies different<br />
provisions depending on the age of the offender <strong>and</strong> the<br />
sentence received:<br />
• Adult offender who receives a qualifying sentence (12<br />
months or more or equivalent) or relevant order for a<br />
specified offence: a Disqualification Order must be made<br />
unless the court is satisfied that it is unlikely that the<br />
individual will commit any further offence against a child.<br />
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• Juvenile offender who receives a qualifying sentence or<br />
relevant order: a Disqualification Order must be made if<br />
the court is satisfied that it is likely that the individual will<br />
commit a further offence against a child.<br />
• Adult or Juvenile offender who does not receive a<br />
qualifying sentence or relevant order: a Disqualification<br />
Order may be made if the court is satisfied that the<br />
offender is likely <strong>to</strong> commit a further offence against a<br />
child.<br />
26 A Disqualification Order is of indefinite duration (i.e. for life) but<br />
application can be made for an order <strong>to</strong> be reviewed by the Care<br />
St<strong>and</strong>ards Tribunal after 10 years (or 5 years in the case of a<br />
juvenile).<br />
27 Disqualification Orders are made as part of the sentence <strong>and</strong>,<br />
therefore, cannot be made on application. However, the Criminal<br />
Justice Act 2003 allows the Crown Prosecution Service <strong>to</strong> refer<br />
cases back <strong>to</strong> the courts where it appears that the court should<br />
have considered making a Disqualification Order but failed <strong>to</strong> do<br />
so. Therefore, if an offender is identified who it seems should<br />
have been made subject <strong>to</strong> a Disqualification Order the case<br />
should be discussed with other MAPPA agencies <strong>and</strong> the Crown<br />
Prosecutions Service.<br />
28 <strong>People</strong> who are disqualified from working with children are<br />
prohibited from applying for, offering <strong>to</strong> do, accepting, or doing,<br />
any work in a “regulated position”. The positions covered are<br />
specified in s.36 of the CJCSA <strong>and</strong> are broadly defined. They<br />
includes working with children in paid or unpaid positions whose<br />
normal duties involve caring for, training, supervising or being in<br />
sole charge of children, <strong>and</strong> positions whose normal duties<br />
involve unsupervised contact with children under arrangements<br />
made by a responsible person, for example, a parent, <strong>and</strong><br />
include a broad range of work with children from babysitting <strong>to</strong><br />
working as a schoolteacher <strong>and</strong> from working in a local authority<br />
education or <strong>Children</strong>’s Social Care <strong>to</strong> voluntary work at a boys’<br />
football club.<br />
School governor is a regulated position, as are other positions<br />
whose normal duties include the supervision or management of<br />
another individual who works in a regulated position.<br />
29 A person who is disqualified commits an offence if he/she<br />
knowingly applies for, offers <strong>to</strong> do, accepts, or does, any work<br />
with children. It is also an offence for an individual knowingly <strong>to</strong><br />
offer work with children <strong>to</strong>, or procure work with children for, an<br />
individual who is disqualified from working with children, or <strong>to</strong><br />
allow such an individual <strong>to</strong> continue in such work. The Police<br />
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should be contacted if such an offence is committed. The<br />
maximum penalty for breach is 5 years imprisonment.<br />
The Protection of <strong>Children</strong> Act List<br />
30 This Act gives the Secretary of State power <strong>to</strong> <strong>keep</strong> a list of<br />
people who are unsuitable <strong>to</strong> work with children in childcare<br />
positions. Child care organisations in the regulated sec<strong>to</strong>r are<br />
required <strong>to</strong> make a report <strong>to</strong> the Secretary of State in specified<br />
circumstances, principally if they dismiss a person for<br />
misconduct which has harmed a child or put a child at risk of<br />
harm, or if a person resigns in circumstances where s/he might<br />
have been dismissed for that reason. Other organisations that<br />
employ childcare workers can also make reports in those<br />
circumstances, but do not have <strong>to</strong>.<br />
31 If there appear <strong>to</strong> be grounds for including the person on the List<br />
his/her name will be added provisionally while further enquiries<br />
are made, <strong>and</strong> the person will be given the opportunity <strong>to</strong> make<br />
written observations about the case. If, at the end of that<br />
process the Secretary of State is of the opinion that:<br />
• the referring organisation reasonably believed that the<br />
person was guilty of misconduct that harmed a child, or<br />
put a child at risk of harm; <strong>and</strong>,<br />
• the person is unsuitable <strong>to</strong> work with children, the person<br />
will be added <strong>to</strong> the List on a permanent basis.<br />
32 Anyone who is included on the List on a permanent basis can<br />
appeal <strong>to</strong> an independent tribunal, the Care St<strong>and</strong>ards Tribunal,<br />
within 3 months of the decision.<br />
33 Childcare organisations must check the List (<strong>and</strong> List 99) before<br />
employing someone in a childcare position.<br />
DfES List 99<br />
34 List 99 is a confidential list of people who the Secretary of State<br />
has directed may not be employed by Local Education Authorities<br />
(LEAs), schools (including independent schools) or Further<br />
Education (FE) institutions as a teacher or in work involving<br />
regular contact with children under 18 years of age The List also<br />
includes details of people the Secretary of State has directed can<br />
only be employed subject <strong>to</strong> specific conditions. Employers in the<br />
education sec<strong>to</strong>r are under a duty not <strong>to</strong> use a person who is<br />
subject <strong>to</strong> a direction in contravention of that direction.<br />
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35 LEAs, schools, FE institutions <strong>and</strong> other employers have a<br />
statu<strong>to</strong>ry duty <strong>to</strong> make reports <strong>to</strong> DfES if they cease <strong>to</strong> use a<br />
person’s services on grounds of misconduct or unsuitability <strong>to</strong><br />
work with children, or someone leaves in circumstances where the<br />
employer might have ceased <strong>to</strong> use their services on one of those<br />
grounds. The Police also make reports <strong>to</strong> DfES if a teacher or<br />
other member of staff at a school is convicted of a criminal<br />
offence.<br />
36 <strong>People</strong> who are convicted of one of a number of sexual or violent<br />
offences against a child under 16 years of age, or is some cases<br />
against an adult, are au<strong>to</strong>matically deemed unsuitable <strong>to</strong> work<br />
with children <strong>and</strong> included on List 99. Those subject <strong>to</strong> a<br />
disqualification order <strong>and</strong> those permanently included on the<br />
Protection of <strong>Children</strong> Act List are also included on List 99<br />
au<strong>to</strong>matically. In other cases the Secretary of State, advised by a<br />
panel of experts who must consider the circumstances of the<br />
individual case <strong>and</strong> give the person concerned an opportunity <strong>to</strong><br />
make representations before reaching a decision, has power <strong>to</strong><br />
direct that a person be prohibited from employment <strong>and</strong> added <strong>to</strong><br />
the List.<br />
37 <strong>People</strong> included on List 99, other than those included<br />
au<strong>to</strong>matically, can appeal <strong>to</strong> the Care St<strong>and</strong>ards Tribunal against<br />
the decision within 3 months of the decision.<br />
Criminal Records Bureau (CRB)<br />
38 The Criminal Records Bureau (CRB) is an executive agency of the<br />
Home Office. The CRB’s Disclosure service aims <strong>to</strong> help employers<br />
make safer recruitment decisions by identifying c<strong>and</strong>idates who<br />
may be unsuitable for certain types of work. Employers should ask<br />
successful c<strong>and</strong>idates <strong>to</strong> apply <strong>to</strong> the CRB for a St<strong>and</strong>ard or<br />
Enhanced Disclosure, depending on the duties of the particular<br />
position or job involved. In addition <strong>to</strong> information about a<br />
person’s criminal record, Disclosures supplied in connection with<br />
work with children will contain details of whether a person is<br />
included on List 99, the Protection of <strong>Children</strong> Act List, or is<br />
disqualified by the courts from all work with children. Enhanced<br />
Disclosures may contain details of acquittals or other nonconviction<br />
information held on local Police records, relevant <strong>to</strong> the<br />
position or post for which the person has been selected <strong>and</strong> the<br />
Police may also provide additional information <strong>to</strong> employers in a<br />
separate letter. Further information, including details of how <strong>to</strong><br />
apply for Disclosures, is available at http://www.crb.gov.uk.<br />
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The Sex Offender Register<br />
39 The notification requirements of Part 2 of the Sexual Offences<br />
Act 2003 (known as the Sex Offenders Register) are an<br />
au<strong>to</strong>matic requirement on offenders who receive a conviction or<br />
caution for certain sexual offences. The notification requirements<br />
are intended <strong>to</strong> ensure that the Police are informed of the<br />
whereabouts of offenders in the community. The notification<br />
requirements do not bar offenders from certain types of<br />
employment, from being alone with children etc.<br />
40 Offenders must notify the Police of certain personal details within<br />
three days of their conviction or caution for a relevant sexual<br />
offence (or, if they are in prison on this date, within three days<br />
of their release.)<br />
41 Such an offender must then notify the Police, within three days,<br />
of any change <strong>to</strong> the notified details <strong>and</strong> whenever they spend 7<br />
days or more at another address.<br />
42 All offenders must reconfirm their details at least once every<br />
twelve months <strong>and</strong> notify the Police, 7 days in advance of any<br />
travel overseas for a period of 3 days or more.<br />
43 The period of time that an offender must comply with these<br />
requirements depends on whether they received a conviction or<br />
caution for their offence <strong>and</strong>, where appropriate, the sentence<br />
they received.<br />
44 Failure <strong>to</strong> comply with these requirements is a criminal offence<br />
with a maximum penalty of 5 years’ imprisonment. The Police<br />
should be contacted if such an offence is committed.<br />
Notification Order<br />
45 Notification Orders are intended <strong>to</strong> ensure that British citizens or<br />
residents, as well as foreign nationals, can be made subject <strong>to</strong><br />
the notification requirements (the Sex Offenders Register) in the<br />
UK if they receive convictions or cautions for sexual offences<br />
overseas.<br />
46 Notification Orders are made on application from the Police <strong>to</strong> a<br />
Magistrates’ Court. Therefore, if an offender is identified who has<br />
received a conviction or caution for a sexual offence overseas<br />
the case should be referred <strong>to</strong> the local Police for action.<br />
47 If a Notification Order is in force then the offender becomes<br />
subject <strong>to</strong> the requirements of Sex Offender Registration (see<br />
above).<br />
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48 For example: a Notification Order could ensure that the<br />
notification requirements will apply <strong>to</strong> a British man who, while<br />
on holiday in South East Asia, received a caution for a sexual<br />
offence on a child.<br />
49 Any information that an individual has received a conviction or<br />
caution for a sexual offence overseas should, where appropriate,<br />
be shared with the Police.<br />
Sexual Offences Prevention Orders (SOPOs)<br />
50 Introduced by the Sexual Offences Act 2003, SOPOs are civil<br />
preventative orders designed <strong>to</strong> protect the public from serious<br />
sexual harm. A court may make a SOPO when it deals with an<br />
offender who has received a conviction for an offence listed at<br />
Schedule 3 (sexual offences), or Schedule 5 (violent <strong>and</strong> other<br />
offences), <strong>to</strong> the Act who is assessed as posing a risk of serious<br />
sexual harm. Also, the Police can apply for a SOPO <strong>to</strong> a<br />
Magistrates’ court in respect of an offender who has a previous<br />
conviction or caution for a Schedule 3 or 5 offence who poses a<br />
risk of serious sexual harm.<br />
51 SOPOs include such prohibitions, as the court considers<br />
appropriate. For example, a child sex offender who poses a risk<br />
of serious sexual harm could be prohibited from loitering near<br />
schools or playgrounds. The offender will also, if s/he isn’t<br />
already, become subject <strong>to</strong> the notification requirements for the<br />
duration of the order.<br />
52 SOPOs can be made on application from the Police, so any<br />
violent or sex offender who poses a risk of serious sexual harm<br />
should be referred <strong>to</strong> MAPPA agencies <strong>and</strong> the Police in<br />
particular. In an application for an order the Police can set out<br />
the prohibitions they would like the court <strong>to</strong> consider.<br />
53 Breach of any of the prohibitions in a SOPO is a criminal offence<br />
with a maximum punishment of 5 years’ imprisonment.<br />
Therefore, the Police should be contacted whenever a SOPO is<br />
breached.<br />
54 SOPO’s can be particularly helpful in the management of sex<br />
offenders who are assessed as continuing <strong>to</strong> pose a high risk of<br />
harm but are no longer subject <strong>to</strong> statu<strong>to</strong>ry supervision.<br />
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Risk of Sexual Harm Orders (RSHOs)<br />
55 Introduced by the Sexual Offences Act 2003, RSHOs are civil<br />
preventative orders used <strong>to</strong> protect children from the risks posed<br />
by individuals who do not necessarily have a previous conviction<br />
for a sexual or violent offence but who have, on at least two<br />
occasions, engaged in sexually explicit conduct or<br />
communication with a child or children <strong>and</strong> who pose a risk of<br />
further such harm. For a RSHO <strong>to</strong> be made it is not necessary for<br />
there <strong>to</strong> be a risk that the defendant will commit a sexual<br />
offence against a child – the risk may be that s/he intends <strong>to</strong><br />
communicate with children in a sexually explicit way. The RSHO<br />
can contain such prohibitions, as the court considers necessary.<br />
For example, an adult could be found regularly communicating<br />
with young children in a sexual way in Internet chat rooms. A<br />
RSHO could be used <strong>to</strong> prohibit the person from using the<br />
Internet in order <strong>to</strong> s<strong>to</strong>p him/her from such harmful activity.<br />
56 RSHOs are made on application from the Police, so any person<br />
who is thought <strong>to</strong> pose a risk of sexual harm <strong>to</strong> children should<br />
be referred <strong>to</strong> the Police. In an application for an order the Police<br />
can set out the prohibitions they would like the court <strong>to</strong> consider.<br />
57 Breach of any of the prohibitions in a RSHO is a criminal offence<br />
with a maximum punishment of 5 years’ imprisonment. It is also<br />
an offence, which makes the offender subject <strong>to</strong> the notification<br />
requirements (see above). The Police should be contacted<br />
whenever a RSHO is breached.<br />
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6. CONTACTS<br />
/cle Section 6 – CONTACTS<br />
CHILDREN’S SOCIAL CARE<br />
In the East Riding, referrals should not be made direct <strong>to</strong> Social<br />
Services Teams, but by phone call <strong>to</strong> the Call Centre or by visit or<br />
phone <strong>to</strong> the Cus<strong>to</strong>mer Services Centres or Multi-Agency Family<br />
Support Services<br />
CALL CENTRE:<br />
Cus<strong>to</strong>mer Services Centres<br />
Anlaby, 17 Hull Road, HU10 6SP<br />
Beverley, Cross Street, HU17 9BA<br />
Bridling<strong>to</strong>n, Town Hall, Quay Road, YO16 4LP<br />
Cottingham, Civic Hall, Market Green, HU16 5QQ<br />
Driffield, Council Offices, West Garth, YO25 7TP<br />
Goole, Council Offices, Church Street, DN14 5BG<br />
Hedon, 2 New Road, Hedon, HU12 8DF<br />
Hessle, Peeler House, Ferriby Road, HU13 0RQ<br />
Hornsea, 75 Newbegin, HU18 1PA<br />
Howden, 69 Hailgate, DN14 7SX<br />
Market Weigh<strong>to</strong>n, Old Magistrates Court, Beverley Road<br />
Pockling<strong>to</strong>n, Burnby Hall, YO42 2QQ<br />
Withernsea, 243 Queen Street, Withernsea, HU19 2HH<br />
Multi-Agency Family Support Services:<br />
Based in the following locations <strong>and</strong> self referring<br />
• Bridling<strong>to</strong>n<br />
• Goole<br />
• Hedon<br />
• Beverley<br />
• Haltemprice<br />
• Pockling<strong>to</strong>n<br />
Child Care Management Teams<br />
Wolds/Dale Child Care Team<br />
Goole/ Howden Child Care Team<br />
Beverley Rural/Haltemprice Child Care Team<br />
Beverley Minster/South Holderness Child Care Team<br />
Driffield/Bridling<strong>to</strong>n North Child Care Team<br />
1) Council Offices, Westgarth, Driffield<br />
2) Bayle View, Long Lane, Bridling<strong>to</strong>n<br />
Bridling<strong>to</strong>n South/North Holderness Child Care Team<br />
ENQUIRIES ABOUT CHILDREN PROTECTION CONFERENCE<br />
AND PLANS<br />
Local Authority Designated Officer (LADO)<br />
- allegations against professionals<br />
EMERGENCY DUTY TEAM<br />
(01482) 393939<br />
(01262) 602612<br />
(01405) 720780<br />
(01482) 899962<br />
(01482) 396532<br />
(01482) 640131<br />
(01759) 305704<br />
(01759) 305704<br />
(01482) 396842<br />
(01482) 640131<br />
(01482) 396532<br />
(01482) 396791<br />
(01262) 401488<br />
(01482) 396761<br />
(01482) 396472<br />
(01482) 396531 &<br />
(01482) 396730<br />
(01482) 880826<br />
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cle Section 6 – CONTACTS<br />
EDUCATION INCLUSION SERVICES<br />
Child Protection Officer – Schools<br />
Local Authority Designated Officer (LADO)<br />
- allegations against professionals<br />
CHILD MISSING EDUCATION (CME)<br />
Youth Service<br />
FAMILY PROTECTION TEAM:<br />
The Old Police House, Market Weigh<strong>to</strong>n<br />
HUMBERSIDE POLICE<br />
HEALTH<br />
East Riding of Yorkshire Primary Care Trust<br />
• Health House, Grange Park Lane, Willerby<br />
• Four Winds, Market Weigh<strong>to</strong>n Road, Driffield<br />
Child Protection Team (ACUTE)<br />
• Anlaby Suite, Craven Building, Hull Royal Infirmary, Hull<br />
Named Nurses<br />
• Humber Mental Health Teaching NHS Trust & Community<br />
Paediatric Service<br />
• East Riding of Yorkshire PCT (2 numbers)<br />
• Hull & East Yorkshire Hospitals Trust<br />
Named Doc<strong>to</strong>rs<br />
• Humber Mental Health NHS Trust & Community Paediatric<br />
Services<br />
• East Riding of Yorkshire PCT<br />
• Hull & East Yorkshire Hospitals NHS Trust<br />
NHS Direct<br />
• 24 Hour Helpline<br />
Sexual Health Problems / Family Planning <strong>and</strong><br />
Contraception Services<br />
• Dept of Ceni<strong>to</strong>-Urinary Medicine, Castle Hill Hospital , Cottingham<br />
• Conifer House, 32 -36 Prospect Street, Hul<br />
Family Planning <strong>and</strong> Contraception Services<br />
• Hull<br />
• Beverley<br />
• Sexual Health Problems<br />
East Riding Clinics<br />
For information regarding Health Visi<strong>to</strong>rs , Clinics <strong>and</strong> School Nurses<br />
please contact East Riding of Yorkshire PCT Named Nurses contact<br />
numbers Telephone nos: (01377) 208805 or (01377) 208806<br />
(01482) 392139<br />
(01482) 392139<br />
(01482) 392146<br />
To Be Confirmed<br />
(01430) 808403<br />
(01482) 650700<br />
(01377) 208801<br />
(01482) 674061<br />
(01482) 886553<br />
(01377) 208805<br />
(01377) 208806<br />
(01482) 675103<br />
(01482) 886553<br />
To Be Confirmed<br />
(01482) 674061<br />
0845 4647<br />
(01482) 623287<br />
(01482) 336336<br />
(01482) 617875<br />
(01482) 886582<br />
(01482) 674760<br />
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cle Section 6 – CONTACTS<br />
CONNEXIONS<br />
Area Child Protection Co-ordina<strong>to</strong>r, Connexions Centre, 20<br />
Blenheim Road, Bridling<strong>to</strong>n<br />
For Policy issues <strong>and</strong> compliments <strong>and</strong> Complaints –<br />
Priory House, Saxon Way, Hessle<br />
Council Offices, Main Road, Skirlaugh<br />
Service Managers (Yorkshire & Humberside)<br />
The Deep Business Centre<br />
YOUTH OFFENDING TEAM<br />
CAFCASS<br />
01262 678943<br />
(01482) 350150<br />
(01482) 396623<br />
01482 388060.<br />
NORTH BANK FORUM (Voluntary/Community<br />
Organisations)<br />
Partnership Co-ordina<strong>to</strong>r (<strong>Children</strong> & <strong>Young</strong> <strong>People</strong>)<br />
01482 499034<br />
NATIONAL PROBATION SERVICE (HUMBERSIDE)<br />
21 Flemingate, Beverley<br />
65 Keldgate, Beverley<br />
ADULT SERVICES<br />
(01482) 867271<br />
(01482) 868441<br />
LOCAL SAFEGUARDING CHILDREN BOARD<br />
• Chair, Principal Manager, Training Officer <strong>and</strong> Secretariat<br />
• Humberside <strong>Young</strong> Witness Service<br />
01482 396999<br />
01482 846082<br />
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