SAFEGUARDING POLICY

 

Safeguarding Lead: Lucy Lubbock lucy.lubbock@btinternet.com

Deputy Safeguarding Lead: Simon Bruce Simon.Bruce@dawsoncornwell.com

 

  1. Safeguarding Adults and Children at Risk 

Fair Hearing is committed to the welfare of all adults and children at risk. When working in England,  Northern Ireland, Wales or Scotland, Fair Hearing adheres to the policies relevant to each nation and  the UN Convention on the Rights of the Child. Safeguarding is everyone’s responsibility, and Fair  Hearing expects all employees to share this responsibility. Fair Hearing has a specific role in  safeguarding adults and children at risk through its training of professionals in the judicial system, and its mentoring of adult victims of domestic abuse. 

  1. Safeguarding Adults at Risk 

Since the Law Commission report in 2011 the term “vulnerable adults” has been replaced by “adults  at risk”. Under this policy Adults at Risk are those: 

Aged 18 years or over; 

  • Who may be in need of community care services by reason of mental or other disability, age  or illness; and 
  • Who is or may be unable to take care of him or herself, or unable to protect him or herself  against significant harm or exploitation. 

2.1 Definition of Abuse of Adults 

Domestic Abuse 

Domestic violence and abuse are defined as: “Any incident or pattern of incidents of controlling,  coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have  been intimate partners or family members regardless of gender or sexuality. This can encompass but  is not limited to the following types of abuse: psychological; physical, sexual, financial and  emotional.” 

Sexual abuse, including rape and sexual assault, contact or non-contact sexual acts to which the  adult at risk has not consented, or could not consent or was pressurised into consenting; 

Psychological abuse, including emotional abuse, threats of harm or abandonment, deprivation of  contact or communication, humiliation, blaming, controlling, intimidation, coercion, harassment,  verbal abuse, isolation or withdrawal from services or supportive networks;

Financial or economic abuse, including theft, fraud, exploitation, pressure in connection with wills,  property or inheritance or financial transactions, or the misuse or misappropriation of property,  possessions or benefits; 

Neglect or acts of omission, including ignoring medical or physical care needs, failure to provide  access to appropriate health, social care or educational services, the withholding of the necessities of  life, such as medication, adequate nutrition and heating; failure to report abuse or risk of abuse; 

Physical abuse, including hitting, slapping, pushing, kicking, misuse of medication, inappropriate  restraint, or inappropriate sanctions;  

Harassment, unwanted conduct related that violates dignity or creates an intimidating, hostile,  degrading, humiliating, or offensive environment; 

Stalking (including online), unwanted and repeated behaviour that makes a person feel pestered  and harassed. It includes behaviour that happens two or more times, which causes someone to feel  alarmed or distressed or to fear violence might be used against them; 

Coercive and controlling behaviour, a pattern of behaviour designed to make a person feel  dependent, isolated, or scared. It occurs often within an intimate or family relationship, and can  include threats, intimidation, isolation, financial control, and emotional manipulation. 

In addition, abuse of adults may include one or more of the following: 

Discriminatory abuse, including that based on a person’s ethnic origin, religion, language, age,  sexuality, gender, disability, and other forms of harassment, slurs or similar treatment; 

Institutional abuse, indicated by repeated instances of unsatisfactory professional practice, pervasive  ill treatment or gross misconduct indicating an abusive climate. 

2.2 Safeguarding of Adults in Practice 

What to do if you are worried an adult at risk is experiencing abuse or neglect 

Any Fair Hearing employee or trustee who is concerned that an adult at risk is experiencing abuse or  neglect should share their concerns with: 

  • the safeguarding lead at Fair Hearing 
  • AND Adult social care in the area in which the adult at risk resides. 

If the adult is in immediate danger the police must be contacted via 999. 

If concerns remain a referral should be made to the relevant local authority adult social care,  followed up in writing within 48 hours.

  1. Safeguarding and Promoting the Welfare of Children 
  • protecting children from maltreatment; 
  • preventing impairment of children’s health or development; 
  • ensuring that children are growing up in circumstances consistent with the provision of safe  and effective care; 
  • undertaking that role so as to enable those children to have optimum life chances and enter  adulthood successfully 

Child protection is a part of safeguarding and promoting welfare. This refers to the duty to protect  specific children who are suffering, or at risk of suffering significant harm. Fair Hearing recognises its  responsibility to be proactive and safeguard and promote the welfare of children so that the need for  action to protect children from harm is reduced. 

3.1 Definitions of abuse and neglect 

Abuse and neglect are forms of maltreatment of a child. Somebody may abuse or neglect a child by  inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or in an  institutional or community setting, by those known to them or, more rarely, by a stranger for  example, via the internet. They may be abused by an adult or adults, or another child or children. 

Domestic Abuse 

The Domestic Abuse Act of 2021 states that children who live in a home where there is domestic  abuse are victims of domestic abuse.  

Children may experience domestic abuse directly, but they can also experience it indirectly by: • hearing the abuse from another room 

  • seeing someone they care about being injured and/or distressed 
  • finding damage to their home environment like broken furniture 
  • being hurt from being caught up in or trying to stop the abuse 
  • not getting the care and support they need from their parents or carers as a result of the  abuse 

In addition, abuse of children may include one or more of the following: 

Physical abuse, including hitting, shaking, throwing, poisoning, burning or scalding, drowning,  suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a  parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. 

Emotional abuse, the persistent emotional maltreatment of a child such as to cause severe and  persistent adverse effects on the child’s emotional development. It may involve conveying to  children that they are worthless or unloved, inadequate, or valued only insofar as they meet the 

needs of another person. It may include not giving the child opportunities to express their views,  deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may  feature age or developmentally inappropriate expectations being imposed on children. These may  include interactions that are beyond the child’s developmental capability, as well as overprotection  and limitation of exploration and learning, or preventing the child participating in normal social  interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious  bullying (including cyberbullying), causing children frequently to feel frightened or in danger, or the  exploitation or corruption of children.  

Sexual abuse, including forcing or enticing a child or young person to take part in sexual activities,  not necessarily involving a high level of violence, whether or not the child is aware of what is  happening. The activities may involve physical contact, including assault by penetration (for example,  rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside  of clothing. They may also include non-contact activities, such as involving children in looking at, or in  the production of, sexual images, watching sexual activities, encouraging children to behave in  sexually inappropriate ways, or grooming a child in preparation for abuse (including via the  internet).  

Neglect, failing to meet a child’s basic physical and/or psychological needs, likely to result in the  serious impairment of the child’s health or development.  

3.2 Safeguarding Children in Practice 

Confidentiality 

When training professionals in the judicial system or mentoring victims of domestic abuse with  children, it is important to be clear about confidentiality and when information would need to be  shared. While personal information held by professionals and agencies is subject to a legal duty of  confidence and should not normally be disclosed without the subject’s consent, when there are  concerns that a child or an adult is or may be at risk of significant harm, then the over-riding  objective must be to safeguard that child or adult and disclosure of information is imperative. 

Confidentiality and child protection should be discussed with parents, children and young people at  the beginning of any piece of work, and reminders and information given from time to time, to  ensure that they understand the processes and what responsibilities the staff members have. It is  essential to be clear about the limits of confidentiality well before any such matter arises. 

Should it become necessary to pass on information shared by another party, this decision should be  discussed with the parent/carer and where possible their co-operation sought beforehand, unless to  do so would put the child at increased risk of harm. Explanations of the reasons; the processes; the  likely sequence of events; who to contact for information or for support should also be provided. 

What to do if you are worried a child is at risk of harm 

Any Fair Hearing employee or trustee concerned about the welfare of a child should in the first  instance share their concerns with:

  • the safeguarding lead at Fair Hearing 
  • AND the Child Protection lead of the setting where the parent/child is seen. 

If a child is in immediate danger the police must be contacted via 999. 

If concerns remain a referral should be made to the relevant local authority children’s social care,  followed up in writing within 48hours. As above this should only be done with the knowledge and  consent of the parent, unless the child is considered to be at risk of significant harm when the need  to safeguard the child must be paramount. 

The Safeguarding Lead at Fair Hearing will be kept informed of any safeguarding issues and written  records or other confidential information will be kept in a locked filing cabinet. Any written records  will be signed and dated with specific reference to the circumstances in which the  disclosure/observation took place. Where possible, the parent or child’s own words will be  recorded. Records will include date, time, place, what was seen or heard by whom, person(s)  present, what action was taken, by whom and why. 

  1. Training 

At induction all staff will be made aware of Fair Hearing commitment to protecting adults at risk and  safeguarding children. New staff will be given time to read the relevant policies and are asked to sign  to say they have read and understood them. 

All staff who train professionals in the judicial system and/or mentor domestic abuse victims and/or  come into contact with children will attend biannual safeguarding training. This will be provided by  their own local Safeguarding Children’s Board and/or the NSPCC. A record is kept of this by the  Trustees. 

Fair Hearing training courses and mentoring programmes contain explicit sections on, and references  to safeguarding.  

  1. Recruitment and Selection of staff 

All employees of Fair Hearing who come into direct contact with children or adults who may be at  risk will be required to undergo a criminal record check. 

All references for employment will be checked before employment commences. A full work record  will be obtained, with an explanation of any gaps. 

  1. Suspicions/Disclosure regarding abuse by a member of staff

Any concerns about possible abuse by a member of staff, volunteer or trustee will be immediately  reported to the Chair who will inform the Safeguarding Lead. All conversations will be recorded and a  decision made by the Chair and the Trustees whether to consult with the local authority designated  officer. The decision made and the reasons for it will be clearly documented. To safeguard  themselves against allegations of abuse representatives of Fair Hearing must take steps to ensure  they are not left alone with a child. 

  1. Role of Trustees 

Safeguarding is the responsibility of all Trustees who need to have a good awareness of the  safeguarding policy and practice. The named Safeguarding Trustees are there to provide a  confidential, listening ear and support Fair Hearing, reflecting on any concerns and reviewing this  policy on an annual basis, and in the light of any incident. The safeguarding leads will also support,  advise and guide the board of Trustees on safeguarding matters. 

  1. Safeguarding Leads 
  • The Safeguarding Leads will undertake NSPCC approved safeguarding training every 3 years • The Safeguarding Leads will bring an annual review of safeguarding to the Trustees. 
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