Status of policy, procedure and guidance
This document sets out the policy, procedures and guidance relating to safeguarding within JD Training Solutions Ltd.
The provisions outlined are informed by current legislation and accepted good practice from within the company, statutory agencies and other community organisations with safeguarding responsibilities.
Following consultation, the policy and procedures laid down in this document have been approved by JD Solutions Ltd and therefore are mandatory. Sections that are clearly identified as ‘guidance’ are regarded as good practice.
Therefore, it is highly advisable, although not compulsory, to adhere to these guidelines.
Foundations In developing and implementing the Safeguarding policy
JD Training Solutions Ltd is guided by the following foundations:
- Human rights, international and national law. JD Training Solutions Ltd fully supports the personal dignity and rights of all children, young people and adults, as enshrined in the Human Rights Act 1998 and the 1989 United Nations Convention on the Rights of the Child. It recognises that safeguarding work is undertaken within a British legislative and associated government guidance framework which sets out a range of safeguarding duties and responsibilities
Societal context and legal framework
Legal arrangements and requirements vary between England, Scotland, Wales, the Isle of Man, the Channel Islands, Gibraltar and Malta. What follows in this section are the general principles as applied to England. There has been widespread coverage in the media of the failure of various organisations and individuals to adequately prevent, and protect children from, abuse – including the high profile cases of Jimmy Savile and the Rotherham Report. In recent years, there has also been a growing understanding of the importance of recognising abuse against adults who are vulnerable, whether inflicted deliberately or as a consequence of neglect.
Since the start of the millennium, a broad spectrum of legislation, guidance, research and reports from all sectors have led to the development of policy and procedures in the safeguarding arena. Closer working partnerships have been forged through both children and adult safeguarding boards and a growing commitment to all those who work with vulnerable groups is leading to improved working practices.
Safeguarding is about protecting children and vulnerable adults from the risk of harm. It includes preventing those who are deemed unsuitable to work with them from doing so and being alert to and acting upon situations where they may be caused harm.
JD Training Solutions Ltd has a zero-tolerance approach to any forms of potentially harmful behaviour.
The purpose of this Policy is to minimise the risk of harm to children and vulnerable adults and to ensure that where the companies staff, learners or visitors have concerns about the welfare of children or vulnerable adults, they know what to do about those concerns.
This Policy has been approved by the Management Board and is applicable to all members of staff and learners as well as visitors to the company (where appropriate).
All incidents of alleged misconduct concerning safeguarding will be taken seriously by the company and may lead to disciplinary action against those involved.
Whilst JD Training Solutions Ltd primarily works with adults and as such staff are not routinely directly involved with children (i.e. those under the age of eighteen), there are a number of situations when Staff have direct contact with children, these may include:
- Teaching enrolled learners who are under 18
- Providing support services to families with children under 18
- Running training events for schools and colleges at our premises or on customer sites
- Providing work experience for children under 18
- Running open days
The legislation relevant to this Policy includes:
- Safeguarding Vulnerable Groups Act 2006 Independent Safeguarding Authority established (later to become Disclosure and Barring Service)
- The Data Protection Act 2018 (new legislation to replace the previous 1998 Act, following the introduction of the General Data Protection Regulation) Regulation of the possessing of information relating to individuals, including the obtaining, holding, use or disclosure of such information. Provisions including those relating to the processing of information related to safeguarding children and vulnerable adults.
- The Human Rights Act 1998 Article 8 Respect for private and family life, home and correspondence Article 9 Freedom of thought, belief and religion Article 10 Freedom of expression
- The Crime and Disorder Act 1998 Act to make provision for preventing anti-social behaviour with references to children Serious Crime Act 2015 Includes offences relating to child cruelty, sexual communication with a child and female genital mutilation (FGM) and coercive or controlling behaviour in an intimate or family relationship
Relevant reports and legislation in relation to safeguarding practice include:
- Children Act 1989 Introduced comprehensive changes to legislation in England and Wales Children Act 2004 Result of Lord Laming’s report into the death of Victoria Climbié
- Bichard Inquiry 2004 Inquiry into the Soham murders resulting in a registration scheme for those working with vulnerable groups and applied safer recruitment principles across the voluntary and statutory sectors
- Safeguarding children in whom illness is fabricated or induced 2005 Statutory guidance on protecting children where carers or parents fabricate or induce illness in a child
- Safeguarding children and young people from exploitation 2009 Statutory guidance outlining how organisations and individuals should work together to protect young people from sexual exploitation
- Munro review of child protection in England 2011 Report sets out proposals for reform to focus on child centred system
- Children and Families Act 2014 Practice guidance Keeping children safe in education 2018 (originally published in 2016) Guidance to give greater protection to vulnerable children
- What to do if you are worried a child is being abused 2015 Guidance to help practitioners identify the signs of child abuse and neglect and understand what action to take
- Working Together to Safeguard Children 2018 (originally published 2010) Updated guidance for inter-agency working to safeguard and promote the welfare of children; names faith organisations as needing to have appropriate arrangements in place to safeguard and promote the welfare of children
- No Secrets 2000 Department of Health document developing and implementing inter-agency policies and procedures to protect vulnerable adults and creation of local authority safeguarding boards
- The Mental Capacity Act 2005 Identifies principles for the purposes of the Act including issues around capacity and decision-making
- Action on Elder Abuse Report 2005 Report on the project to establish a monitoring and reporting process for adult protection referrals made in accordance with No Secrets
- Safeguarding Vulnerable Groups Act 2006 Defined a vulnerable adult ISA
- The Mental Health Act 2007 Amends the Mental Health Act 1983
- The Mental Capacity Act 2005
- The Care Act 2014 Introduces well-being principle and the term adults at risk of abuse or neglect Care and Support Guidance issued under the Care Act 2014 Local responsibilities for sharing information under the Care Act 2014 States local authorities must set up safeguarding boards and cooperate with relevant partners
There are various definitions used in this Policy as follows:
- ‘Abuse’ -definitions of the four categories of abuse can be found in Appendix 1
- ‘Child’ or ‘children’ includes all those who are under the age of 18 years.
- ‘Regulated activity relating to vulnerable adults’ is defined in the SVGA 2006 and includes (this is not an exhaustive list): the provision of health care treatment in any setting by a health care professional, or by a person acting under the direction or supervision of a health care professional, the provision of certain types of personal care to a person who needs it because of age, illness or disability, the provision of prescribed social work by a social worker to clients or potential clients’ the provision of assistance, in relation to general household matters, to a person who requires it because of age, illness or disability, transportation provided because of a person's age, illness or disability.
- Regulated activity relating to children’ is defined in the SVGA 2006 and includes (this is not an exhaustive list):
- Specified unsupervised activities relating to children (e.g. teaching, training, instruction, care or supervision) which are carried out on a frequent (as a general rule at least once a week), or intensive (more than three days in any 30 day period) basis, or overnight (between 2am and 6am where the activity gives the person the opportunity to have face-to face contact with children); or certain work in a specified place which provides the opportunity for frequent contact with children (e.g. a school).
- ‘Vulnerable adult’ - means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise and to whom a ‘regulated activity relating to vulnerable adults’ is provided.
JD Training Solutions Ltd staff, learners and visitors should know who to consult to report a concern around safeguarding.
The company will therefore appointed a ‘Safeguarding Officer’ - Lindsay Radford who will lead on safeguarding in the company.
The Safeguarding Officer will:
- Implement and promote this Policy
- Regularly report to the Management Board as applicable
- On a regular basis the Safeguarding Officer will report to the Managing Board all issues that arise in relation to this policy and will confirm to the Managing Board on an annual basis that the policy has had necessary revisions in accordance with changes in legislation and guidance on the safeguarding of children and vulnerable adults
- Act as the main contact within the company for the safeguarding of children and vulnerable adults
- Provide employees with information, advice and coordinating training with Human Resources (HR) on the safeguarding of children and vulnerable adults
- Refer concerns that a child might be at risk of significant harm to the local children’s social care services and/or the Police
- Establish and maintain contacts with the local relevant children’s social care services departments and Police
- Ensure that concerns are logged and stored securely
- Maintain confidential records of reported concerns and action taken; and making referrals to the Disclosure and Barring Service (“DBS”) where required under the SVGA 2006.
- It is not the role of the Safeguarding Officer to decide whether a child/ vulnerable adult has been abused or not - that is the responsibility of investigative statutory agencies such as Children’s Social Work Services or the Police.
- The Safeguarding Officer in discharging her duties will act as the first point of contact for the reporting of allegations, ensuring that employees and learners, and visitors to the company (where appropriate), are aware of the policies and procedures in place for safeguarding children and vulnerable adults and that these policies and procedures are followed
- Signposting support services for individuals who are named on a Safeguarding Report
- Signposting support for staff who have reported a concern
- The company have also appointed a Deputy Safeguarding Officer (DSO) -Rebecca Burns to act as a point of contact with the local children’s social care services departments, Police and DBS in the absence of the Safeguarding Officer.
- The Managing Director shall be the institutional point of contact for any safeguarding concerns relating to staff and will be responsible for the co-ordination of all safeguarding training and ensuring appropriate procedure is adhered to in accordance with this Policy for recruitment of employees
- All personal data will be processed by the company in accordance with the requirements of the Data Protection Act 1998.
- A list of key contacts, including details of the Safeguarding Officer, the Deputy Safeguarding Officer can be found at Appendix 3.
- Training will be arranged for the Safeguarding Officer and Deputy Safeguarding Officer to ensure that they are aware of issues, policies and procedures
- The Safeguarding Officer, Deputy Designated Officer and all employees who work directly with children and/ or vulnerable adults shall undertake training provided by HR, to ensure that they are made aware of this Policy and the procedures and protocols for promoting and safeguarding the welfare of children and vulnerable adults; they learn how to recognise their responsibilities regarding their own good practice and the reporting of suspected poor practice/ concerns of possible abuse.
- They are familiar with, and should know whom to contact, to express concerns about a child's welfare or vulnerable adult’s, health and/or development; and Safeguarding Policy and Procedures: Children and Vulnerable Adults
- Training will be delivered to all new staff who work directly with children and/or vulnerable adults during their induction. For existing staff training can be arranged by contacting HR.
Code of Behaviour and Good Practice in Relation to Safeguarding Children and Vulnerable Adults
All employees, learners and visitors (where appropriate) should treat each other in accordance with Equal Opportunities Policy and the Code of Behaviour and Good Practice at Appendix 4.
Reporting a concern
- Any incidents which cause concern in respect of a child or vulnerable adult are required to be reported immediately to The Safeguarding Officer or Deputy, who complete the Reporting a Concern Form at Appendix 5 if appropriate
- If a member of staff is concerned or receives a report of an allegation, there is guidance about handling allegations at Appendix 6.
- The process of raising and reporting a safeguarding concern is represented in the diagram at Appendix 1.
- The reporting of a safeguarding concern may require the implementation of other procedures and or policies including but not limited to the Staff and/or Learner Conduct and Disciplinary Policy and Procedure.
- Only the Safeguarding Officer and/or in the absence the Managing Director and/or Deputy Safeguarding Officer will report concerns raised/share data with any relevant external organisation.
The company will take all appropriate steps to ensure unsuitable people are prevented from working with children or vulnerable adults. The company will undertake appropriate checks with the DBS, in respect of employees who will be engaging in ‘regulated activity relating to children’ or ‘regulated activity relating to vulnerable adults’.
For positions that involve ‘regulated activity relating to children’ or ‘regulated activity relating to vulnerable adults’, the following procedures will be completed:
- All applicants will be required to complete an application and as part of this application in accordance with the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and/or the Police Act 1997 (Criminal Records) Regulations 2002 will be required to disclose any convictions, cautions, reprimands or final warnings which would not be filtered. Therefore, applicants are required to disclose information in relation to any past criminal behaviour that is relevant to the position.
- References will be sought from all staff applicants.
- If the applicant or an existing employee who has not previously been required to work with children or vulnerable adults in their position has no experience of working with children or vulnerable adults the company will agree specific training requirements with them before appointment.
- The company will ensure that any employees who will engage in ‘regulated activity relating to children’ or ‘regulated activity relating to vulnerable adults’ are checked for relevant criminal convictions. The company will request an Enhanced Disclosure with a check of the DBS barred lists in respect of all applicants who will engage in such activity. Any such disclosures will be stored securely and confidentially and only used for the purposes of the applicant’s application and otherwise in accordance with the Policy and Guidance Notes on the use of the Disclose and Barring Service (DBS) and Employment Contract, the company’s Data Protection Policy and the Data Protection Act 1998.
- Relevant consent is obtained for the use of any photographs, film or videos
Under the Prevent duty introduced by the Counter-Terrorism and Security Act 2015, the company, as a learning body will need to assess the risks of people being drawn into terrorism and ensure that it has plans in place for mitigating these risks.
The company will have due regard to the need to prevent people from being drawn into terrorism and will have regard to the Government’s Prevent Duty Guidance: for England and Wales.
Staff who have concerns relating to learners or colleagues being drawn into terrorism should contact the Managing Director
Appendix 1 - Procedure
- Safeguarding Concern is identified by a member of JD Training Solutions Ltd, an external organisation or individual
- Is the child or vulnerable adult in immediate danger or are others in immediate danger because of this individual?
- If Yes
(immediate danger could include serious harm physical harm from physical violence to them or to others or you suspect a criminal offence has been committed, then you must contact the Police (999)
- You must inform the Designated Safeguarding Office or the Deputy who then can support you and will if required complete a reporting a concern form in Appendix 4. Be mindful if the incident relates to the DSO’s please liaise with the Managing Director.
- Ensure you keep a record of what was reported and to whom
- The Designated Safeguarding Officer (DSO) to send a copy of the reporting a concern form (Appendix 4) along with the Managing Director if appropriate will decide if the concerns need escalating to the appropriate safeguarding team within the local authority
- The Designated Safeguarding Officer working with the person who has made the report/ raised concerns will be required to make a written report within 24 hours detailing the outcome and support offered- this report may be provided to the relevant safeguarding team and or the police.
- The Designated Safeguarding Officer to keep a record of all information and store in a secure/ locked cabinet this will be stored separately to any other information held on any individual named on the report.
- Be supportive
- Remain calm
- Keep records
- Report incidents to the Designated Safeguarding Officer
- Promise to keep secrets
- Express opinions
- Disclose information with anyone other than designated staff
- Ask leading questions
Appendix 2 - Definition of Abuse
Abuse can take many forms. There are four categories of abuse which are relevant for the purposes of registration on the child protection register and these are:
- Physical abuse which may involve: (i) beating; (ii) hitting; (iii) pushing; (iv) shaking; (v) kicking; (vi) throwing; (vii) pinching; (viii) biting; (ix) choking; (x) hair-pulling; (xi) burning with cigarettes, scalding water or other hot objects; or (xii) severe physical punishment. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.
- Sexual abuse which may involve: (i) Fondling, touching or kissing a child's genitals or making a child fondle an adult's genitals; (ii) violations of bodily privacy, such as forcing the child to undress or spying on a child in the bathroom or bedroom; (iii) using a child in the production of pornography, such as a film or magazine or exposing children to pornography; (iv) luring a child for sexual liaisons, through the internet or by any other means; or (v) sexual exploitation such as using a child to perform sex with others or sexual acts with a child, penetration, intercourse, incest, rape, oral sex.
- Neglect which may involve: (i) failing to provide adequate food or clothing; (ii) failing to protect a child from physical and emotional harm or danger; (iii) failing to ensure adequate supervision, including using inadequate people to provide care; (iv) failing to ensure access to appropriate medical care or treatment; or (v) being unresponsive to a child's emotional needs.
- Emotional abuse which may involve: (i) ignoring; (ii) withdrawal of attention; (iii) rejection; (iv) threatening or frightening; (v) belittling such as telling the child he or she is “no good”, “worthless”, “bad”, or “a mistake'”; (vi) using extreme forms of punishment, such as confinement to a closet or dark room; or (vii) witnessing the physical abuse of others.
The above definitions, provided for guidance purposes only, indicate acts (or omissions) which may constitute abuse. They are as relevant in the context of vulnerable adults as they are with children. They should not be considered exhaustive and if any employee, learner or visitor to the company (where appropriate) has any concerns about a child or vulnerable adult they should raise these concerns with the appropriate individual in accordance with these procedures.
Annette Heath (Managing Director)
Lindsay Radford (Designated Safeguarding Officer)
Rebecca Burns (Deputy Designated Safeguarding Officer)
Appendix 4 - Code of Behaviour and Good Practice in relation to Safeguarding Children or Vulnerable Adults
JD Training Solutions Ltd believes that:
- All children, vulnerable adults, employees, learners and visitors should be treated with respect
- All activities involving children and vulnerable adults should have more than one adult present or at least that one is within sight or hearing of others
- Respect should be given to a child’s or vulnerable adult’s rights to personal privacy
- In all activities, employees and learners, and visitors to the company where appropriate, should be aware that physical contact with a child or young person may be misinterpreted
- In all activities, JD Training Solutions employees and learners, and visitors where appropriate, should recognise that special caution is required when discussing sensitive issues with children or vulnerable adults
- Where any physical touching is required, it should be provided openly
- In activities, feedback should be constructive rather than negative
- In all activities, employee’s learners, and visitors where appropriate, are required to challenge unacceptable behaviour in accordance with the provisions of these procedures
- Any allegations or suspicions of abuse should be reported immediately to a DSC.
- In all dealings with children and vulnerable adults, staff and learners, and visitors where appropriate, should never:
- Play rough physical games or sexually provocative games
- Share a room overnight with a child or vulnerable adult
- Enter the private room of a child or vulnerable adult unless it is necessary and if entering such a room must do so accompanied
- Allow or engage in any form of inappropriate touching
- Form or seek to form relationships of a sexual nature or which may lead to sexual activity (ie “grooming”)
- Allow children or vulnerable adults to use inappropriate language without challenging it
- Make sexually suggestive comments even in jest
- Reduce a child or vulnerable adult to tears as a form of control
- Allow allegations made by a child or vulnerable adult to go unrecorded or not acted upon in accordance with these procedures
- Perform personal activities (such as washing or dressing) for a child or vulnerable adult which they can do for themselves. If a child has a disability, such tasks should only be performed with the full understanding and consent of the parents/carers. A vulnerable adult may be able to consent for him/her self.
Form for Reporting a concern in relation to safeguarding
DETAILS OF INDIVIDUAL
Name of Child/Vulnerable adult:
Date of Birth:
DETAILS OF INCIDENT:
Time & Date of incident:
Your account of what happened:
The child/vulnerable adults account of what happened:
Description of any visible bruising or other injuries:
Any other observations/information:
Name & Contact details of any witnesses:
Initial action taken:
DETAILS OF PERSON COMPLETING THE FORM
Name ( Print):
Please return form to the Safeguarding Officer
Examples of incidents which should be reported
Below are examples of incidents which are to be reported.
- A child or vulnerable adult is accidentally hurt
- There is a concern that a relationship is developing which may be an abuse of trust
- You are worried that a child or vulnerable adult is becoming attracted to you
- You are worried that a child or vulnerable adult is becoming attracted to a colleague who cares for them
- You think a child or vulnerable adult has misunderstood or misinterprets something you have done
- You have been required to physically restrain a child or vulnerable adult to prevent them from harming themselves or another or from causing significant damage to property
- You receive a report from a child or vulnerable adult alleging abuse regarding a member of an external organisation using company facilities
- You see any suspicious marks on a child or vulnerable adult
- You hear of any allegations made by a child or vulnerable adult of events outside the company
- You are concerned that an employee or learner is being drawn into terrorist or extremist groups/activities.
The above examples are provided for guidance purposes only. They are as relevant in the context of vulnerable adults as they are with children. They should not be considered exhaustive and if any employee, learner or visitor (where appropriate) has any concerns about a child or vulnerable adult they should raise these concerns with the appropriate individual in accordance with these procedures.