SAFEGUARDING CHILDEN POLICY. Policy Reference: Version: 1 Status: Approved

Transcription

1 SAFEGUARDING CHILDEN POLICY Policy Reference: Version: 1 Status: Approved Type: Clinical Policy Policy applies to : All services within SCH Serco Policy applies to (staff groups): All SCH Serco staff Policy Compliance: This policy must be complied with fully at all times by the appropriate staff. Where it is found that this policy cannot be complied with fully, this must be notified immediately to the owner through the waiver process Policy owner: Director of Nursing Therapies and Governance Policy author: Practice Development Nurse Other contact: Head of Nursing and Professional Practice Date this version adopted: June 2013 Last review date: New policy Reviewer: N/A Next review date: June 2015 Location of hardcopy master: No 86 Sandy Hill Lane Ipswich IP3 0NA Location of electronic master: SCH Intranet AGREED POLICY REVIEW / RATIFICATION / ADOPTION PATH: Level 1: Agreed by: Safeguarding Group Date: May 13 (virtual) Level 3: Agreed by: Clinical Quality and Safety Assurance Group Date: 22/5/13 Level 2: Agreed by: Clinical Policy and Audit Group Date: May 13 (virtual) Level 4: Agreed by: SCH Leadership Group Date: 18/6/13

2 Contents 1 Introduction 1 2 Policy Statements 1 3 Purpose of This Policy 1 4 Scope 2 5 Policy Agreement Path 2 6 Development of this Policy 2 7 Legal Framework 2 8 Definitions 2 9 Confidentiality/ Information sharing 3 10 Summary of Roles and Responsibilities within SCH Serco 4 11 Training and Education 6 12 Supervision 6 13 Care Quality Commission (CQC) Requirements 6 14 Review Period For This Policy 6 15 Implementation/ Communication of This Policy 6 16 Compliance Monitoring and Audit 7 17 Cross Reference to Other Related Policies and Procedures 7 18 Supporting Documents/ Legislation 7 19 References 8

3 Safeguarding Adults Policy STATEMENT OF OVERARCHING PRINCIPLES All Policies and Guidelines of Suffolk Community Healthcare are formulated to comply with the overarching requirements of legislation, policies or other standards relating to equality and diversity. 1 Introduction 1.1. SCH Serco believes that the welfare of children and young people is paramount and at all times and in all situations a child or young person has a right to feel safe and protected from any situation or practice that results in them being harmed or at risk of harm This policy sets out the principles of Safeguarding Children and gives guidance to SCH Serco staff on what to do if concerned for the welfare and protection of a child/ren This policy applies to those working in all community health settings within SCH Serco and contains a number of appendices which staff should read in conjunction with Suffolk Safeguarding Children Board guidance at: Staff working within contracted/ dependant services (SEPT/ CDS) should refer to their own local policies and procedures Abbreviations used in this document are listed in the SCH Safeguarding Children Procedure. 2 Policy Statements 2.1. This policy has been developed in line with the SCH Serco principles of Equality and Diversity and is underpinned by the following standards: The child s needs come first regardless of who is the primary SCH Serco client; The child s welfare and safety is everyone s responsibility; Staff must work together, understand and appreciate other professionals roles and responsibilities; No one must be discriminated against on the grounds of age, ethnicity, religion, culture, class, sexual orientation, gender or disability. Where English may not be the first language, appropriate interpreter services must be accessed and details recorded in patient records Child abuse occurs in all sections of society and there should be no discrimination because of assumptions about class, gender, age, disability, sexual orientation, race, religion, culture or eligibility for service. 3 Purpose of This Policy The purpose/ aim of this policy is to promote the wellbeing, security and safety of children and prevent abuse occurring wherever possible. SCH Serco will work together in partnership with other agencies within Suffolk, such as Suffolk Safeguarding Children Board, Social Services and the Police to achieve our aim. No single agency can act in isolation to ensure the welfare and protection of children. 1

4 This policy should be read, and used in conjunction with the SCH Serco Safeguarding Children Procedure 4 Scope 4.1. This policy applies to all employees (permanent or temporary) of SCH Serco and those people that perform work on behalf of SCH Serco All subcontracted services staff (SEPT and CDS) must refer to their own policies and procedures This policy complements all professional or ethical rules, guidance and codes of professional conduct on Safeguarding Children e.g. a) Nursing and Midwifery Code of Conduct The Code b) General Social Care Council 5 Policy Agreement Path 5.1. See front sheet 6 Development of this Policy 6.1. This policy has been developed with the assistance and co-operation of partner agencies in health and social care. 7 Legal Framework 7.1. The Government document, Working Together to Safeguard Children (2010) refers to a child or young person as a person up to their 18th birthday. The document states that; Health professionals and organisations have a specific duty in safeguarding and promoting the welfare of children The Children Act(s) (1989/2004) makes it clear that Safeguarding Children is everyone s responsibility. It imposes a duty on SCH to ensure that its functions are discharged with the regard to the need to safeguard and promote the welfare of children as per Section 11 of the Children Act 2004 and to assist Local Authorities in carrying out enquiries into whether or not a child is at risk of significant harm (Section 47). It also requires SCH to take part in Local Safeguarding Children Boards (LSCB) functions and duties (Sec 13) if required Staff are required to co-operate with police and the Local Authority when approached for a formal statement or a request to attend court as a witness. In these circumstances staff must inform the relevant SCH Safeguarding Named Nurse and their line manager (see SCH Serco Safeguarding Children Procedure). 8 Definitions For the purpose of this policy, definitions reflect the Department of Health Working Together to Safeguard Children For full definitions see SCH Serco Safeguarding Children Procedure Safeguarding/ promoting welfare/ child protection. This is defined as, protecting children from maltreatment, preventing impairment of health or development and ensuring that children are growing up in circumstances consistent with the provision of safe and effective care. Child Protection refers to the activity that is undertaken to protect children who are suffering or are at risk of suffering, significant harm 2

5 8.2. Significant Harm a) The Children Act 1989 (Section 47) introduced the concept of significant harm as the threshold that justifies compulsory intervention in family life in the best interests of the child and gives local authorities a duty to make enquiries to decide whether they should take action to safeguard and promote the welfare of a child suffering or likely to suffer significant harm. b) Significant harm relates to four categories of abuse, these are physical, emotional, sexual abuse and neglect. c) Where staff are aware that a child has suffered or is at risk of suffering significant harm, a referral to Children s Social Care must be made. Staff should follow the procedural guidelines associated with this policy. d) The National Institute for Health and Clinical Excellence (NICE) clinical guideline CG89, When to suspect child maltreatment is a valuable resource to help staff consider when a child may be suffering harm. (see Children in Need a) Local Authorities have a duty to safeguard and promote the welfare of children in need b) Children who are defined as being in need under Section 17 of the Children Act 1989 are those whose vulnerability is such that they are unlikely to reach or maintain a satisfactory level of health or development without the provision of services. This includes those children who are disabled Looked After Children a) The term Looked after Child (LAC) was introduced by the Children Act 1989 and refers to children who are subject to care orders or voluntary accommodated. The Local Authority has responsibility for Looked after Children. b) Looked after Children have often experienced abuse or neglect and will have additional health care needs. The Local Authority has a statutory responsibility to ensure the health care needs of children and young people are being assessed. Community Health Services work closely with the Local Authority to ensure that health care plans set out how identified health needs will be addressed. c) For detailed information on LAC procedures, staff should refer to the specific protocol in their area and refer to the SSCB guidance accordingly. 9 Confidentiality/ Information sharing 9.1. In July 2007 a joint statement by the Department for Children, Schools and Families (DCSF) and the DoH gave additional guidance on the duties of doctors and other health professionals. When investigating allegations of child abuse or assessing injuries or symptoms which may arise from child abuse, professionals first duty should be owed to the child. They should not be distracted from that duty by a parallel duty to anyone else including the parents or carers (2007) 9.2. The welfare of the child is paramount and staff have a duty to pass on information relating to (Sec 47 Children Act 1989) suspected child abuse to Children s Social Care. Staff should clarify with Social Care if consent from the parent or child (where appropriate) has been obtained in order to share information. Staff should also clarify with Social Care the exact nature of the information required Consent from a parent or child is not required where; Seeking permission is likely to increase risk to children; 3

6 Permission has been refused but sufficient professional concern remains to justify disclosure; Seeking permission is likely to impede a criminal investigation Staff should consult their Line Manager, or the Safeguarding Named Nurse for advice. 10 Summary of Roles and Responsibilities within SCH Serco Contract Director Has overall accountability and responsibility for ensuring SCH Serco meets its statutory and legal requirements and adheres to guidance issued by the DoH and the SSCB Director of Nursing, Therapies and Governance Accountable to the Contract Director and has delegated responsibility for safeguarding children and for the ratification of this policy Safeguarding Named Nurse Accountable to the Director of Nursing, Therapies and Governance and has organisation-wide responsibility for ensuring staff are aware of their roles and responsibilities in relation to Safeguarding Children. Their role is: To advise and support the organisation and workforce in providing services that Safeguard Children consistent with national, regional and local legislation, policies and best practice. To ensure that the organisation and workforce discharge their safeguarding responsibilities under Section 11 of the Children Act The safeguarding responsibilities of the post-holder extend across the whole organisation including clinical and nonclinical staff. The post-holder represents the organisation on Safeguarding Children and Adult matters across all other statutory and non statutory agencies. The post-holder is the point of contact in the organisation for all safeguarding matters from statutory and non statutory agencies both within and out of Counties. To support the dependent service to both SEPT and CDS Local Area Managers/ Clinical Team Leaders/ Modern Matrons Have a responsibility to ensure their staff receive the training required for Safeguarding within SCH Serco. They are responsible for ensuring that they are familiar with this policy and for implementing it into practice in association with their staff. Staff members who do not comply with the relevant mandatory training requirement, must be managed appropriately by their line manager who is responsible for monitoring staff compliance with training using the annual appraisal system Staff working with, or coming into direct contact with, vulnerable children It is the responsibility of all individuals to ensure that any concerns about the welfare or safety of children are properly recorded and that any evidence is retained or preserved. In the event the concerns relate to SCH Serco refer to the SCH Serco Capability and / or Whistle Blowing Policy. All staff, volunteers and care providers share a responsibility to:- Maintain a working knowledge of this policy and its contents and comply with the policy and procedures set out within it. Attend mandatory training as specified in the mandatory training matrix. 4

7 To raise their concerns and seek advice if they are unsure of any part of the process from their line manager or the Safeguarding Named Nurse Remind and challenge colleagues about their role and responsibilities in safeguarding children. Record using the assessment template on SystmOne that a safeguarding issue has been identified and that an onward referral to Customer First has been made Human Resources Department SCH Serco is required to comply with the Vetting and Barring Scheme which aims to ensure that unsuitable people do not work with children on a paid or voluntary basis. The organisation has a duty to refer to the Independent Safeguarding Authority (ISA) who work together with the Criminal Records Bureau (CRB) to make decisions regarding safe recruitment. All SCH Serco staff working with children and adults will undergo a CRB check. Procedures are contained Criminal Record Check Policy. The Head of Human Resources is responsible for ensuring compliance. All job descriptions for new staff contain a statement regarding staff responsibility for adhering to SCH Serco policies on Safeguarding Children and Adults Workforce Development Team Have responsibility and accountability to ensure that information and training is available to staff to meet identified requirements in the following:- Safeguarding (adults and children) Equality and Diversity Conflict Resolution Safeguarding Group Responsible for: Overseeing, implementing and monitoring all requirements placed on Suffolk Community Healthcare (SERCO) for safeguarding children, adults and older people. Ensuring safeguarding with all directly managed and directly commissioned services is a priority, identifying risks and taking measures to ensure these are eliminated, managed and mitigated wherever possible. (this will include oversight of CDS and SEPT Services) Ensuring SCH has policies, practices and processes in place that meets SCH s statutory responsibility to promote the welfare of children under Section 11 of the Children s Act 2004 and the protection of vulnerable adults and are reflective of Care Quality Commission regulations Providing assurance to the Leadership Group via Clinical Quality and Safety Assurance Group (CQSAG) on SCH Serco compliance with legislation and local and national standards on safeguarding Clinical Quality and Safety Assurance Group (CQSAG) Responsible for ratifying this policy, and for receiving reports on safeguarding issues from the Safeguarding Named Nurse and Safeguarding Group and provide assurance to the Leadership Group. 5

8 11 Training and Education All training will comply with the standards and requirements set by the DoH Intercollegiate Document 2010 Safeguarding Children and Young People: Roles & Competencies for Health Care Staff and Working Together (2010). Further details are contained within the accompanying SCH Serco Safeguarding Children Procedure The policy and its contents will be incorporated into the Safeguarding Children training sessions. Training is delivered on the as part of Induction for all new staff and to existing clinical staff who have contact with children (whether directly as part of their role or indirectly) and to non-clinical staff if they work directly with patients The SCH Serco mandatory training matrix details those staff for whom this training is MANDATORY. These members of staff need to attend face to face training or complete the elearning as a minimum, every three years Attended sessions are available to book via the Workforce Development Department. Other stand-alone sessions for Safeguarding Children training can be arranged for individual teams, groups or as part of other study days directly with the SCH Safeguarding Lead All staff will be expected to attend Level One Safeguarding Children training as minimum but certain staff may need to attend Level 2 or 3 training. For required competency levels and training matrix see appendix 12 in the Safeguarding Children Procedure All attendance will be recorded by Workforce Development on their database Line managers and staff members will be responsible for ensuring they attend the required training and this will be monitored at department level through annual appraisal systems and training workbooks. Non attendance at training sessions will be followed up in accordance with SCH Policy 12 Supervision Supervision is defined by the Children s Workforce Development Plan 2007 as an accountable process which supports assures and develops the knowledge, skills and values of an individual, group or team. The purpose is to improve the quality of their work to achieve agreed outcomes All clinical staff must attend supervision in accordance with the SCH Clinical Supervision Policy and further details for Safeguarding Children Supervision are detailed within the SCH Serco Safeguarding Children Procedure A record of supervision attendance should be maintained by staff and made available for audit purposes. 13 Care Quality Commission (CQC) Requirements Any Serious Case Review agreed by the SSCB which involves a child or family known to SCH Serco will be reported to the Designated Nurse for Safeguarding Children. The Designated Nurse will inform the Area Team / CCG and the CQC within one month of notification 14 Review Period For This Policy yearly 15 Implementation/ Communication of This Policy Via Local Area Managers and Clinical Team Leaders 6

9 15.2. Local Area managers are responsible for providing organisational assurance and will ensure that all staff whom they manage have read the policy and signed the policy sign-off sheet. 16 Compliance Monitoring and Audit Compliance with Safeguarding training within SCH Serco will be monitored by the Safeguarding Group and the Workforce Development Team The monitoring of compliance with this policy will be an evaluation by the SCH Serco Safeguarding Named Nurse who will complete annual audits on the following: Referrals initiated by the SCH Serco. Appropriateness of referrals Number of staff who have attended training Feedback from external partner agencies on the effectiveness of the safeguarding processes within the organisation The purpose of these audits is to ensure that the SCH Serco Safeguarding Policy is being adhered to. Any Action Plans that arise will be implemented in a timely and appropriate manner. This will be reviewed on an ongoing basis by the SCH Serco Safeguarding Named Nurse. 17 Cross Reference to Other Related Policies and Procedures SCH Serco Safeguarding Adults Policy and Procedure SEPT Safeguarding Adults and Children s Policies and Procedures CDS Safeguarding Adults and Children s Policies and Procedures Consent Policy Record Keeping Policy Capability Policy Whistle-blowing Policy Violence and Aggression Policy Incident Reporting Policy Confidentiality Code of Practice Criminal Record Check Policy 18 Supporting Documents/ Legislation This document will support the organisation s compliance with its legal obligations as set out in: The Human Rights Act 1998 The requirements of Care Quality Commission Suffolk Safeguarding Children Board, DH The Role of Health Service Managers & their Boards

10 19 References Department of Health Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children (2013) pdf National Institute for Health and Clinical Excellence (NICE) Guideline CG89 When to suspect child maltreatment (2009) Department of Health Intercollegiate Document Safeguarding Children and Young People: Roles & Competencies for Health Care Staff and Working Together (2010). Meeting the Needs of Children and Families in Suffolk: Social Care and Common Assessment Framework Assessment Thresholds Guidance (2011) Suffolk Safeguarding Children Board guidance: 8

11 EQUALITY IMPACT ASSESSMENT FORM NB: we use the word Policy to refer to what we are assessing. This could include strategies, functions, procedures, practices, decision and projects or guidelines. Safeguarding Children Policy Description: The Suffolk Safeguarding Children Board (SSCB) is a multi-agency partnership that promotes the development of adult safeguarding work throughout the county. The member organisations have committed themselves to implementing this policy, the good practice principles, and the adult safeguarding procedures Part 1: Assessment of Impact a) How will the policy meet the needs of different communities and groups? Age: It is not considered that the age will have any impact on Religion or Belief: It is possible that this policy will impact the application of this policy although this organisation on some families as these behaviours may be influenced by race recognises that some age-groups may hold more entrenched by religion, belief and faith and it may challenge some and long standing beliefs than others. assumptions. Disability: It is not considered that this will have any impact on the application of this policy Ethnicity: It is possible that this policy could impact on some families as these behaviours may be influenced by race, ethnicity and nationality and it may challenge some assumptions. Gender (including transgender): This policy is gender neutral and should meet the needs of all such groups. Sexual Orientation: It is considered that this policy should apply equally to all patients whatever their sexual orientation Socio-economic disadvantage: The focus of any review should always be on the individuals concerned regardless of socio-economic group. It should not impact to cause any socio-economic disadvantage. People living in rural areas: This policy should be applied equally regardless of place of residence and should not impact on people living in rural areas Other: This organisation recognises that some members of society generally have difficulty accessing health and social care services such as people who are homeless, prisoners or street workers. Whilst it is recognised that child safeguarding issues maybe more prevalent in certain cultural and religious groups the guidance for staff is applicable regardless of this. It is expected, therefore that the policy will be applied equally regardless of these factors. b) Positive Impact: Reducing Inequalities: How is the Policy likely to have a significant positive impact on equality by reducing inequalities that already exist? Explain how it will meet our duty to: Promote equal opportunities: This policy will ensure that all children at risk of neglect and abuse have equal right to protection from the professionals and organisations involved in their care. Promote good community relations: As with other policies and guidelines within the organisation, this one aims to ensure that SCH provides quality services to the community of Suffolk ensuring that the whole community has access to a safe health and social care environment. Fostering good relations with partner organisations will be enhance by the application of this policy. Get rid of discrimination: if staff continue to work within this policy and within professional guidelines and protocols this should avoid discrimination at any level. Get rid of harassment: There are policies in place which prevent harassment both within the organisation and between the staff and patients (e.g. Whistle Blowing Policy, Disciplinary Policy, Adverse Incidents, Code of Conduct, Confidentiality, Code of Practice. Promote positive attitudes towards, encourage participation in and enable more favourable treatment of, disabled people: This policy applies to all patients equally irrespective of any disability and staff will make all reasonable adjustments to accommodate any disability. Promote and protect human rights: SCH recognises that certain individuals are by definition vulnerable and this policy is designed to ensure their human rights are not affected in any way. 9

12 c) Negative Impact Potential Discrimination: Could the Policy have a significant impact on equality in relation to each of the following groups or characteristics? Age: It is anticipated that age will not have a negative impact on this policy although some age-groups are more vulnerable than others. Disability: It is possible that this policy could impact negatively in regard to physical and mental disability as it may challenge the care that has been prescribed Ethnicity: It is possible that this policy could impact negatively on some families as views and behaviours are influenced by race, ethnicity and nationality and it may challenge some assumptions. Gender (including transgender): This policy will be applied equally regardless of gender. Religion or Belief: It is possible that this policy will impact negatively on some families views and behaviours are influenced by religion, belief and faith and it may challenge some assumptions. Sexual Orientation: This policy will apply equally regardless of sexual orientation and not impact negatively as a result. Socio-economic groups: The focus of any review should always be individuals concerned, regardless of socio-economic group. The policy should not impact to cause any socioeconomic disadvantage. People living in rural areas: This policy should be applied equally regardless of place of residence and should not impact on people living in rural areas although it is recognised they may have more difficulty accessing certain services. Other: This organisation recognises that some members of society generally have difficulty accessing health and social care services such as people who are homeless, prisoners or street workers. Whilst it is recognised that child safeguarding issues maybe more prevalent in certain cultural and religious groups the guidance for staff is applicable regardless of this. It is expected, therefore that the policy will be applied equally regardless of these factors and there will not be a negative impact. Part 2: Evidence What is the evidence for your answers above? Age: It is the intention and aim of this policy that, in consultation with statutory and non-statutory bodies, reflects current best practice and fulfils current statutory obligations under law. Disability: It is the intention and aim of this policy that it will reflect best evidence based practice and aim not discriminate based on a physical or mental disability. Ethnicity: It is the intention and aim of this policy that it shall be applied equally according to best practice and legal obligations and not discriminate unfairly based on ethnicity. However, there is evidence that there will be variations in views and behaviours which may impact on the equal application of this policy based on ethnicity. Gender (including transgender): It is the intention and aim of this policy that it shall be applied equally according to best practice and not discriminate unfairly based on gender. Religion or Belief: It is the intention and aim of this policy that it shall be applied equally according to best practice and not discriminate unfairly based on religion or belief. However, there is evidence that there will be variations in views and behaviours based on religion, belief and faith which may impact on the equal application of this policy. Sexual Orientation: It is the intention and aim of this policy that it shall be applied equally according to best practice and not discriminate unfairly based on sexual orientation. Socio-economic groups: It is the intention and aim of this policy that it shall be applied equally according to best practice and not discriminate unfairly based on socio-economic status. However, there is evidence that there will be variations in views and behaviours based on socio-economic status which may impact on the equal application of this policy. People living in rural areas: It is the intention and aim of this policy that it shall be applied equally according to best practice and not discriminate unfairly based on location. Other: This organisation recognises that some members of society generally have difficulty accessing health, social care and other support services such as people who are homeless, prisoners or street workers. As a result there may be further cultural, ethnic and religious variations as a result of this which may affect the equality of impact of the policy. Part 3: Conclusion B A negative impact is possible: The policy has the clear potential to have a positive impact by on the safety and protection of children. However, whilst every effort will be made to reduce any negative impact, this organisation recognises that there are a number of internal and external influences on which affect the views of individuals and groups which may impact on the equality of impact of this policy on various groups in society. Part 4: Next Steps Action Plan: To review the operation of the policy as per SCH protocol to ensure there are no changes in its impact 10

13 Part 5: For the Record Name and Title of people who carried out the EIA: Sarah Miller, Practice and Service Development Nurse Date EIA completed: 7/3/13 Name of Director who signed EIA: Pamela Chappell Signature of Director: Date EIA signed: 24/6/13 11