Allegations against Staff in relation to Safeguarding Children/Young People and Vulnerable Adults Procedure. April 2015
Document Profile Type i.e. Strategy, Policy, Procedure, Guideline, Protocol Title Procedure Allegations against Staff in relation to Safeguarding Children/Young People and Vulnerable Adults Procedure. Category i.e. organisational, clinical, finance Version Author Approval Route, i.e. Policy & Procedure Group, Operational Governance Group Approved by Organisational 1.0 B Bell Governance & Performance Manager Policy & Procedure Working Party Chief Executive Officer Julie Gafoor Date approved 18/04/15 Review date 18/04/18
Statement of Intent: Safeguarding children/young people and vulnerable adults is everyone s responsibility. As a provider of care to both client groups, Family Nursing and Home Care, has a duty to both safeguard and promote the welfare of these individuals. Working Together to Safeguard Children 2006 and No Secrets (Adults) 2000, set out the expectation that organisations working with such clients will have a procedure for managing allegations against staff. The Association is also obligated under employment legislation to ensure that its employees are treated in a fair and equitable manner should allegations of any sort be made. It is recognised that those employees who work closely with families children and adults often do so in situations where tensions and misunderstandings can occur and this can give rise to allegations of abuse being made against them. Allegations may be malicious or misplaced. They may arise from differing perceptions of the same event, but when they occur, they are inevitably distressing and difficult for all concerned. Equally, it must be recognised that some allegations will be genuine and there are adults who will deliberately seek out, create or exploit opportunities to abuse children/young people or vulnerable adults. It is therefore essential that all possible steps are taken to safeguard children/young people and vulnerable adults to ensure that the adults working with them are safe to do so. ( JCPC Multi Agency Child Protection Procedures p112 12.2.1) 1. Scope and Responsibility: This procedure applies to all employees, non executives and others involved in the Association executing its business. 2. Introduction: This procedure is to be followed in situations where an allegation is made that a child /young person or vulnerable adult is suffering, or likely to suffer significant harm from an FN&HC employee; or where allegations indicate that they are unsuitable to work with these client groups in any capacity. Examples of allegations include: Possibly committed a criminal offence against or related to a child/young person or vulnerable adult. Behaved in such away that indicates they are unsuitable to work with children/young people or vulnerable adults. Behaved in such away that a child/young person or vulnerable adult has been or may be harmed. This procedure should be read in conjunction with the Association s: FNHC Child Protection Policy and FNHC s Adult Safeguarding Policy. Disciplinary Policy & Procedure. The safeguarding Partnership board s Multi Agency Safeguarding Procedures Policy on Reporting Serious Concerns ( Whistleblowing ).
This procedure has been written taking into account information from the Jersey Children s Law and the English Children s Act 1984, which state the welfare of the child is paramount, and from Working Together to Safeguard Children 2010, the Safeguarding Partnership Board (SPB) Multi Agency Procedures 2015 and the No Secrets 2000 (Vulnerable Adults) document. Allegations or concerns may come to light from a variety of sources and as such have a number of implications that need to be considered eg whether: The allegation made against an employee in their professional/work capacity gives rise to concerns of risk which may exist in the family home. The allegation has been made in relation to the individual and their own family (child/young person or vulnerable adult) and whether their work entails direct or indirect contact with these client groups. Other issues include: 3. Definition of Harm: - Breaching the States of Jersey IT Internet User Policy ITPS102 regarding access to pornographic sites on States of Jersey equipment and FN&HC IT related policies. - Indecency which is related to FN&HC employment. This includes a sexual relationship with any child/young person under the age of 18 or an adult in receipt of care without the capacity to consent. - Harassment of a child young person or vulnerable adult, whether the harassment is sexual, racial or of any other kind. Children and Young People: There are four categories of harm:- Neglect. Emotional Abuse. Physical Abuse. Sexual Abuse. Vulnerable Adults: There are five categories of harm:- Neglect. Physical Abuse. Sexual Abuse. Institutional Abuse. Financial Abuse. Detailed definitions of harm can be found in the Child Protection and Safeguarding Adults Policies on central files. 4. Managing the Allegation: Any concerns reported by a professional, child, young person, client/relative or member of the public, that a child/young person or vulnerable adult may be at
risk of actual or potential harm, must be reported to the FN&HC Named Nurse for Safeguarding Children/Adults immediately or directly to the Police or appropriate Social Service Team. The staff member should be informed by the Named Nurse or a Senior Manager of the allegation(s) against them as soon as possible, however due regard to the protection of evidence and disclosure of information must be taken. The recipient of the allegation must not determine its validity and failure to report could result in disciplinary action. Any investigation may have three related but independent strands: Child/Adult protection enquiries, relating to the safety and welfare of any children or vulnerable adult that may have been involved. A Police investigation into a possible offence. Disciplinary proceedings, where it appears that allegations may amount to misconduct or gross misconduct on the part of the member of staff. 5. Process: 5.1 On becoming aware of an issue of concern all employees have a duty to inform their Operational Lead/Line Manager (at weekends or bank holidays the Operational Lead on call) immediately and the Named Nurse. 5.2 The Named Nurse should: 5.2.1 Ensure (if appropriate) a child/adult protection written referral has been made to the relevant social care team or the Police by the individual reporting the concerns. This should be completed within 24 hours or in the event of a weekend the earliest opportunity of the next working day. 5.2.2 Contact the HR department for advice regarding action to be taken in relation to the employee. 5.2.3 Convene a planning meeting within two working days of the allegation being made inviting the appropriate personnel. This may include the Line Manager, a HR Manager and the Named Nurse. This group will be the Investigation Team. 5.3 At this meeting the following issues should be considered: The safety of the child/young person or vulnerable adult is of paramount importance. What action has already been undertaken? Follow FN&HC Disciplinary Policy & Procedure The in-house investigation to be undertaken. Decide whether suspension (which will be at full pay) is appropriate during the period of investigation. What needs to be discussed with the employee concerned regarding the investigatory process and the allegations made? The Line Manager should provide appropriate support to the individual while the case is ongoing and keep them informed.
Review whether the individual making the allegation require formal acknowledgement in line with the complaints procedure. How is the individual making the allegation to be kept informed of what is happening to their allegation?, bearing in mind the requirements of the Human Rights (Jersey) Law and The Data Protection (Jersey) Law. The sharing of information must not contaminate any police or social services investigations that are ongoing. Consider what contact is required with Police/Social Services. A member of the Investigation Team should be nominated as the link person for the police/social services when they are involved. Consider the advice/counselling/support available for the individual against whom the allegation has been made which may include occupational health, staff side and/or management support. Agreement on how to handle any queries from the media concerning the allegation. 5.4 The Named Nurse will complete a Serious Untoward Incident Report to formally report the matter to the Chief Executive Officer and FN&HC Main Committee and if necessary the JCPC. 5.5 Agreement should be reached with social services and the police about what information should be passed to the employee concerned. 5.6 The Police should be consulted when they are involved in any ongoing investigation and/or criminal proceedings are pending. A decision should then be made as to whether any internal investigation should be delayed until their investigations are complete. 5.7 Report investigation and outcome to relevant professional bodies and to ISA as soon as investigation is complete. No resignation is to be accepted during the investigation. 6. Record Keeping The Named Nurse will have responsibility for ensuring the following records are kept: The nature of the allegation/concern Who was spoken to as part of the process What records were seen Why specific decisions/actions were taken What alternatives were explored Minutes of all meetings that take place The above information will be held until the employee reaches retirement age or for 10 years whichever is the longer period. 7. Post Investigation Review Following the completion of the relevant investigations, the organisation will conduct a review of the case and its actions. This will be undertaken by the investigating team and passed to the Chief Executive Officer
There is an expectation that any recommendations from the review are implemented and information disseminated to the appropriate people within the organisation. The Safeguarding Partnership Board may conduct a Serious Case Review under Part 8 Working Together to Safeguard Children. 8. Quality Standard Applicable No. 2 Safeguarding People are safeguarded from abuse, or the risk of abuse, and their Human Rights are respected and upheld. No. 6 Complaints People, and those acting on their behalf, have their comments and complaints listened to and acted on effectively and know that they will not be discriminated against for making a complaint. No. 9 Requirements Relating to Workers People are kept safe and their health and welfare needs are met by staff who are fit, appropriately qualified and physically and mentally able to do their job.