Keeping children safe in education Statutory guidance for schools and colleges

May 2016: For information only Guidance will commence: 5 September 2016

For information only. Guidance will commence on 5 September 2016

Contents Summary

3

What is the status of this guidance?

3

About this guidance

3

Who this guidance is for

3

Part one: Safeguarding information for all staff What school and college staff should know and do

5 5

Types of abuse and neglect

11

Specific safeguarding issues

12

Part two: The management of safeguarding

14

The responsibility of governing bodies, proprietors and management committees Part three: Safer recruitment

14 22

Recruitment, selection and pre-employment vetting

22

Types of check

25

Pre-appointment checks

27

Part four: Allegations of abuse made against teachers and other staff

40

Duties as an employer and an employee

40

Initial considerations

40

Supporting those involved

42

Managing the situation and exit arrangements

44

Specific actions

49

Annex A: Further information

51

Annex B: Role of the designated safeguarding lead

58

Annex C: Online safety

61

Annex D: Boarding schools, residential special schools and children’s homes

63

Annex E: Children staying with host families

64

Annex F: Statutory guidance – regulated activity (children) - Supervision of activity with children which is regulated activity when unsupervised. 66 Annex G: Disclosure and Barring Service checks

69

Annex H: Table of changes

70 2

For information only. Guidance will commence on 5 September 2016

Summary What is the status of this guidance? This is statutory guidance from the Department for Education issued under Section 175 of the Education Act 2002, the Education (Independent School Standards) Regulations 2014 and the Non-Maintained Special Schools (England) Regulations 2015. Schools and colleges must have regard to it when carrying out their duties to safeguard and promote the welfare of children. This means that they should comply with it unless exceptional circumstances arise.

About this guidance This document contains information on what schools and colleges should do and sets out the legal duties with which schools and colleges must comply in order to keep children safe. It should be read alongside statutory guidance Working together to safeguard children, and departmental advice What to do if you are worried a child is being abused- Advice for practitioners. Unless otherwise specified, ‘school’ means all schools whether maintained, nonmaintained or independent schools, including academies and free schools, alternative provision academies, maintained nursery schools 1 and pupil referral units. ‘College’ means further education colleges and sixth-form colleges as established under the Further and Higher Education Act 1992, and relates to their responsibilities towards children under the age of 18, but excludes 16-19 academies and free schools (which are required to comply with relevant safeguarding legislation by virtue of their funding agreement).

Who this guidance is for This statutory guidance should be read and followed by: •

governing bodies of maintained schools (including maintained nursery schools) and colleges;

•

proprietors of independent schools (including academies, free schools), alternative provision academies and non-maintained special schools; 2 and

1

The Early Years Foundation Stage Framework (EYFS) is mandatory for all early years providers. It applies to all schools that provide early years provision including maintained nursery schools. Maintained nursery schools, like the other schools listed under ‘About this guidance’, must have regard to Keeping Children Safe in Education 2016 when carrying out duties to safeguard and promote the welfare of children (by virtue of section 175(2) of the Education Act 2002 – see footnote 10 for further detail on this requirement). 2 The proprietor will be the Academy Trust, where the Academy Trust has entered into a funding arrangement under the Academies Act 2010 concerning an independent school or alternative provision academy.

3

For information only. Guidance will commence on 5 September 2016 •

management committees of pupil referral units (PRUs).

The above persons should ensure that all staff in their school or college read at least Part one of this guidance. The above persons should ensure that mechanisms are in place to assist staff to understand and discharge their role and responsibilities as set out in Part one of this guidance. What this guidance replaces This guidance replaces Keeping children safe in education July 2015. A table of changes is included at Annex H.

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For information only. Guidance will commence on 5 September 2016

Part one: Safeguarding information for all staff What school and college staff should know and do A child centred and coordinated approach to safeguarding 1. Schools and colleges and their staff form part of the wider safeguarding system for children. This system is described in statutory guidance Working together to safeguard children. 2. Safeguarding and promoting the welfare of children is everyone’s responsibility. Everyone who comes into contact with children and their families and carers has a role to play in safeguarding children. In order to fulfil this responsibility effectively, all professionals should make sure their approach is child-centred. This means that they should consider, at all times, what is in the best interests of the child. 3. No single professional can have a full picture of a child’s needs and circumstances. If children and families are to receive the right help at the right time, everyone who comes into contact with them has a role to play in identifying concerns, sharing information and taking prompt action. 4. Safeguarding and promoting the welfare of children is defined for the purposes of this guidance as: protecting children from maltreatment; preventing impairment of children’s health or development; ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and taking action to enable all children to have the best outcomes. 5.

Children includes everyone under the age of 18.

The role of school and college staff 6. School and college staff are particularly important as they are in a position to identify concerns early, provide help for children, and prevent concerns from escalating. 7. All school and college staff have a responsibility to provide a safe environment in which children can learn. 8. Each school and college should have a designated safeguarding lead who will provide support to staff members to carry out their safeguarding duties and who will liaise closely with other services such as children’s social care. 9. All school and college staff should be prepared to identify children who may benefit from early help. 3 Early help means providing support as soon as a problem emerges at any point in a child’s life, from the foundation years through to the teenage 3

Detailed information on early help can be found in Chapter 1 of Working together to safeguard children

5

For information only. Guidance will commence on 5 September 2016 years. In the first instance staff should discuss early help requirements with the designated safeguarding lead. Staff may be required to support other agencies and professionals in an early help assessment. 10. Any staff member who has a concern about a child’s welfare should follow the referral processes set out in paragraphs 21-27. Staff may be required to support social workers and other agencies following any referral. 11. The Teachers’ Standards 2012 state that teachers, including headteachers, should safeguard children’s wellbeing and maintain public trust in the teaching profession as part of their professional duties. 4 What school and college staff need to know 12. All staff members should be aware of systems within their school or college which support safeguarding and these should be explained to them as part of staff induction. This should include: • • •

the child protection policy; the staff behaviour policy (sometimes called a code of conduct); and the role of the designated safeguarding lead.

Copies of policies and a copy of Part one of this document (Keeping children safe in education) should be provided to staff at induction. 13. All staff members should receive appropriate safeguarding and child protection training which is regularly updated. In addition all staff members should receive safeguarding and child protection updates (for example, via email, e-bulletins and staff meetings), as required, but at least annually, to provide them with relevant skills and knowledge to safeguard children effectively. 14. All staff should be aware of the early help process, and understand their role in it. This includes identifying emerging problems, liaising with the designated safeguarding lead, sharing information with other professionals to support early identification and assessment and, in some cases, acting as the lead professional in undertaking an early help assessment. 15. All staff should be aware of the process for making referrals to children’s social care and for statutory assessments under the Children Act 1989 5 that may follow a referral, along with the role they might be expected to play in such assessments. 6

4

The Teachers' Standards apply to: trainees working towards QTS; all teachers completing their statutory induction period (newly qualified teachers [NQTs]); and teachers in maintained schools, including maintained special schools, who are subject to the Education (School Teachers’ Appraisal) (England) Regulations 2012. 5 Under the Children Act 1989, local authorities are required to provide services for children in need in their area for the purposes of safeguarding and promoting their welfare. Local authorities undertake assessments of the needs of individual children to determine which services to provide and what action to take. This can include:

6

For information only. Guidance will commence on 5 September 2016 16. All staff should know what to do if a child tells them he/she is being abused or neglected. Staff should know how to manage the requirement to maintain an appropriate level of confidentiality whilst at the same time liaising with relevant professionals such as the designated safeguarding lead and children’s social care. Staff should never promise a child that they will not tell anyone about an allegation- as this may ultimately not be in the best interests of the child. What school and college staff should look out for 17. All school and college staff members should be aware of the signs of abuse and neglect so that they are able to identify cases of children who may be in need of help or protection. Types of abuse and neglect, and examples of safeguarding issues are described in paragraphs 35-44 of this guidance. 18. Departmental advice: What to do if you are worried a child is being abused- Advice for practitioners provides more information on understanding and identifying abuse and neglect. Examples of potential signs of abuse and neglect are highlighted throughout the advice and will be particularly helpful for school and college staff. The NSPCC website also provides useful additional information on types of abuse and what to look out for. 19. Staff members working with children are advised to maintain an attitude of ‘it could happen here’ where safeguarding is concerned. When concerned about the welfare of a child, staff members should always act in the best interests of the child. 20. Knowing what to look for is vital to the early identification of abuse and neglect. If staff members are unsure they should always speak to the designated safeguarding lead. What school and college staff should do if they have concerns about a child 21. If staff members have any concerns about a child (as opposed to a child being in immediate danger - see paragraph 28) they will need to decide what action to take. Where possible, there should be a conversation with the designated safeguarding lead to agree a course of action, although any staff member can make a referral to children’s social care. Other options could include referral to specialist services or early help services and should be made in accordance with the referral threshold set by the Local Safeguarding Children Board. 22. If anyone other than the designated safeguarding lead makes the referral they should inform the designated safeguarding lead, as soon as possible. The local authority should make a decision within one working day of a referral being made about what Section 17- A child in need is defined under section 17(10) of the Children Act 1989 as a child who is unlikely to achieve or maintain a reasonable level of health or development, or whose health or development is likely to be significantly or further impaired, without the provision of services; or a child who is disabled. Section 47- If the local authority have reasonable cause to suspect that a child is suffering, or likely to suffer, significant harm they have a duty to make enquires under section 47 to enable them to decide whether they should take any action to safeguard and promote the child’s welfare. This duty also applies if a child is subject to an emergency protection order (under section 44 of the Children Act 1989) or in police protective custody under section 46 of the Children Act 1989. 6 Detailed information on statutory assessments can be found in Chapter 1 of Working together to safeguard children

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For information only. Guidance will commence on 5 September 2016 course of action they are taking and should let the referrer know the outcome. Staff should follow up on a referral should that information not be forthcoming. The online tool Reporting child abuse to your local council directs you to your local children’s social care contact number. 23. See page 10 for a flow chart setting out the process for staff when they have concerns about a child. 24. If after a referral the child’s situation does not appear to be improving the designated safeguarding lead (or the person that made the referral) should press for reconsideration to ensure their concerns have been addressed and, most importantly, that the child’s situation improves. 25. If early help is appropriate the designated safeguarding lead should support the staff member in liaising with other agencies and setting up an inter-agency assessment as appropriate. 26. If early help and or other support is appropriate the case should be kept under constant review and consideration given to a referral to children’s social care if the child’s situation doesn’t appear to be improving. 27. If a teacher 7, in the course of their work in the profession, discovers that an act of Female Genital Mutilation appears to have been carried out on a girl under the age of 18 the teacher must report this to the police. See Annex A for further details. What school and college staff should do if a child is in danger or at risk of harm 28. If, a child is in immediate danger or is at risk of harm a referral should be made to children’s social care and/or the police immediately. Anyone can make a referral. Where referrals are not made by the designated safeguarding lead the designated safeguarding lead should be informed, as soon as possible, that a referral has been made. Reporting child abuse to your local council directs you to your local children’ social care contact number. Record keeping 29. All concerns, discussions and decisions made and the reasons for those decisions should be recorded in writing. If in doubt about recording requirements staff should discuss with the designated safeguarding lead. Why is all of this important? 30. It is important for children to receive the right help at the right time to address risks and prevent issues escalating. Research and Serious Case Reviews have repeatedly 7

Section 5B(11) of the FGM Act 2003 (as inserted by section 74 of the Serious Crime Act 2015) provides the definition for the term ‘teacher’: “teacher” means – (a) in relation to England, a person within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England).

8

For information only. Guidance will commence on 5 September 2016 shown the dangers of failing to take effective action. Poor practice includes: failing to act on and refer the early signs of abuse and neglect, poor record keeping, failing to listen to the views of the child, failing to re-assess concerns when situations do not improve, sharing information too slowly and a lack of challenge to those who appear not to be taking action. 8 What school and college staff should do if they have concerns about another staff member 31. If staff members have concerns about another staff member then this should be referred to the headteacher or principal. Where there are concerns about the headteacher or principal this should be referred to the chair of governors, chair of the management committee or proprietor of an independent school as appropriate. In the event of allegations of abuse being made against the headteacher, where the headteacher is also the sole proprietor of an independent school, allegations should be reported directly to the designated officer(s) at the local authority. Staff may consider discussing any concerns with the school’s designated safeguarding lead and make any referral via them. Full details can be found in Part four of this guidance. What school or college staff should do if they have concerns about safeguarding practices within the school or college 32. All staff and volunteers should feel able to raise concerns about poor or unsafe practice and potential failures in the school or college’s safeguarding regime and that such concerns will be taken seriously by the senior leadership team. 33. Appropriate whistleblowing procedures, which are suitably reflected in staff training and staff behaviour policies, should be in place for such concerns to be raised with the school or college’s senior leadership team. 34. Where a staff member feels unable to raise an issue with their employer or feels that their genuine concerns are not being addressed, other whistleblowing channels may be open to them: • •

General guidance can be found at- Advice on whistleblowing The NSPCC whistleblowing helpline is available for staff who do not feel able to raise concerns regarding child protection failures internally. Staff can call: 0800 028 0285 – line is available from 8:00 AM to 8:00 PM, Monday to Friday and Email: [email protected]. 9

8

New learning from serious case reviews: a two year report for 2009-2011 (We will update with new evidence if it is available before September) 9

Alternatively, staff can write to: National Society for the Prevention of Cruelty to Children (NSPCC), Weston House, 42 Curtain, Road, London EC2A 3NH.

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For information only. Guidance will commence on 5 September 2016

1. In cases which also involve an allegation of abuse against a staff member, see Part four of this guidance. 2. Early help means providing support as soon as a problem emerges at any point in a child’s life. Where a child would benefit from co-ordinated early help, an early help inter-agency assessment should be arranged. Chapter one of Working together to safeguard children provides detailed guidance on the early help process. 3. Under the Children Act 1989, local authorities are required to provide services for children in need for the purposes of safeguarding and promoting their welfare. This can include s17 assessments of children in need and s47 assessments of children at risk of significant harm. Full details are in Chapter one of Working together to safeguard children. 4. This could include applying for an Emergency Protection Order (EPO).

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For information only. Guidance will commence on 5 September 2016

Types of abuse and neglect 35. All school and college staff should be aware that abuse, neglect and safeguarding issues are rarely standalone events that can be covered by one definition or label. In most cases multiple issues will overlap with one another. 36. Abuse: a form 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 others (e.g. via the internet). They may be abused by an adult or adults or another child or children. 37. Physical abuse: a form of abuse which may involve 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. 38. Emotional abuse: the persistent emotional maltreatment of a child such as to cause severe and adverse effects on the child’s emotional development. It may involve conveying to a child 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 a 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. Some level of emotional abuse is involved in all types of maltreatment of a child, although it may occur alone. 39. Sexual abuse: involves 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). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children. 40. Neglect: the persistent failure 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. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: provide adequate food, 11

For information only. Guidance will commence on 5 September 2016 clothing and shelter (including exclusion from home or abandonment); protect a child from physical and emotional harm or danger; ensure adequate supervision (including the use of inadequate care-givers); or ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Specific safeguarding issues 41. All staff should have an awareness of safeguarding issues- some of which are listed below. Staff should be aware that behaviours linked to the likes of drug taking, alcohol abuse, truanting and sexting put children in danger. 42. All staff should be aware safeguarding issues can manifest themselves via peer on peer abuse. This is most likely to include, but not limited to: bullying (including cyber bullying), gender based violence/sexual assaults and sexting. Staff should be clear as to the school or college’s policy and procedures with regards to peer on peer abuse. 43. Expert and professional organisations are best placed to provide up-to-date guidance and practical support on specific safeguarding issues. For example information for schools and colleges can be found on the TES, MindEd and the NSPCC websites. School and college staff can access government guidance as required on the issues listed below via GOV.UK and other government websites: • bullying including cyberbullying • children missing education – and Annex A • child missing from home or care •

child sexual exploitation (CSE) – and Annex A

•

domestic violence

•

drugs

•

fabricated or induced illness

•

faith abuse

• female genital mutilation (FGM) – and Annex A • forced marriage- and Annex A • gangs and youth violence • gender-based violence/violence against women and girls (VAWG)

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For information only. Guidance will commence on 5 September 2016 • hate • mental health • missing children and adults strategy • private fostering • preventing radicalisation – and Annex A • relationship abuse • sexting • trafficking 44. Annex A contains important additional information about specific forms of abuse and safeguarding issues. School leaders and those staff that work directly with children should read the annex.

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Working together to safeguard children A guide to inter-agency working to safeguard and promote the welfare of children

March 2015

Contents Introduction

5

About this guidance

6

What is the status of this guidance?

6

Who is this guidance for?

7

A child-centred and coordinated approach to safeguarding

8

Chapter 1: Assessing need and providing help

12

Early help

12

Identifying children and families who would benefit from early help

12

Effective assessment of the need for early help

13

Provision of effective early help services

14

Accessing help and services

15

Information sharing

16

Assessments under the Children Act 1989

17

The purpose of assessment

19

The principles and parameters of a good assessment

21

Focusing on the needs and views of the child

23

Developing a clear analysis

24

Focusing on outcomes

25

Timeliness

26

Local protocols for assessment

27

Processes for managing individual cases

28

Chapter 2: Organisational responsibilities

52

Section 11 of the Children Act 2004

52

Individual organisational responsibilities

55

Schools and colleges

55

Early Years and Childcare

56

Health Services

56

Police

58

Adult social care services

58 2

Housing services

59

British Transport Police

59

Prison Service

60

Probation Service

60

The secure estate for children

61

Youth Offending Teams

62

UK Visas and Immigration, Immigration Enforcement and the Border Force

62

Children and Family Court Advisory and Support Service

62

Armed Services

63

Voluntary and private sectors

63

Faith Organisations

64

Chapter 3: Local Safeguarding Children Boards

65

Statutory objectives and functions of LSCBs

65

LSCB membership

67

LSCB Chair, accountability and resourcing

70

Information sharing

71

Chapter 4: Learning and improvement framework

72

Principles for learning and improvement

73

Notifiable Incidents

74

Serious Case Reviews

75

National panel of independent experts on Serious Case Reviews

76

Chapter 5: Child death reviews

81

Responsibilities of Local Safeguarding Children Boards (LSCBs)

81

Responsibilities of Child Death Overview Panels

84

Definition of preventable child deaths

85

Action by professionals when a child dies unexpectedly

85

Appendix A: Glossary

92

Appendix B: Statutory framework

95

Children Act 2004

95

Education Acts

96

Children Act 1989

96 3

Legal Aid, Sentencing and Punishment of Offenders Act 2012

101

Police Reform and Social Responsibility Act 2011

101

Childcare Act 2006

101

Crime and Disorder Act 1998

101

Housing Act 1996

102

Table A: Bodies and individuals covered by key duties

102

Appendix C: Further sources of information

106

Supplementary guidance on particular safeguarding issues

106

Supplementary guidance to support assessing the needs of children

108

Supplementary guidance to support the Learning and Improvement Framework

108

4

Introduction Local authorities have overarching responsibility for safeguarding and promoting the welfare of all children and young people in their area. They have a number of statutory functions under the 1989 and 2004 Children Acts which make this clear, and this guidance sets these out in detail. This includes specific duties in relation to children in need and children suffering, or likely to suffer, significant harm, regardless of where they are found, under sections 17 and 47 of the Children Act 1989. The Director of Children’s Services and Lead Member for Children’s Services in local authorities are the key points of professional and political accountability, with responsibility for the effective delivery of these functions. Whilst local authorities play a lead role, safeguarding children and protecting them from harm is everyone’s responsibility. Everyone who comes into contact with children and families has a role to play. 1 Safeguarding and promoting the welfare of children is defined for the purposes of this guidance as: •

protecting children from maltreatment;

•

preventing impairment of children's health or development;

•

ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and

•

taking action to enable all children to have the best outcomes.

Local agencies, including the police and health services, also have a duty under section 11 of the Children Act 2004 to ensure that they consider the need to safeguard and promote the welfare of children when carrying out their functions. Under section 10 of the same Act, a similar range of agencies are required to cooperate with local authorities to promote the well-being of children in each local authority area (see chapter 1). This cooperation should exist and be effective at all levels of the organisation, from strategic level through to operational delivery. Professionals working in agencies with these duties are responsible for ensuring that they fulfil their role and responsibilities in a manner consistent with the statutory duties of their employer.

1

In this document a child is defined as anyone who has not yet reached their 18th birthday. ‘Children’ therefore means ‘children and young people’ throughout.

5

About this guidance 1.

This guidance covers: •

the legislative requirements and expectations on individual services to safeguard and promote the welfare of children; and

•

a clear framework for Local Safeguarding Children Boards (LSCBs) to monitor the effectiveness of local services.

2. This document replaces Working Together to Safeguard Children (2013). Links to relevant supplementary guidance that professionals should consider alongside this guidance can be found at Appendix C.

What is the status of this guidance? 3.

This guidance is issued under: •

section 7 of the Local Authority Social Services Act 1970, which requires local authorities in their social services functions to act under the general guidance of the Secretary of State;

•

section 10(8) of the Children Act 2004, which requires each person or body to which the section 10 duty applies to have regard to any guidance given to them by the Secretary of State;

•

section 11(4) of the Children Act 2004 which requires each person or body to which the section 11 duty applies to have regard to any guidance given to them by the Secretary of State;

•

section 14B(7) of the Children Act 2004, which states that LSCBs must, in exercising their functions in respect of obtaining information, have regard to guidance given to them by the Secretary of State;

•

section 16(2) of the Children Act 2004, which states that local authorities and each of the statutory partners must, in exercising their functions relating to LSCBs, have regard to any guidance given to them by the Secretary of State;

•

section 175(4) of the Education Act 2002, which states that governing bodies of maintained schools (including maintained nursery schools), further education institutions and management committees of pupil referral units must have regard to any guidance given by the Secretary of State;

•

paragraph 7(b) of the Schedule to the Education (Independent School Standards) Regulations 2014, made under sections 94(1) and (2) of the Education and Skills Act 2008, which states that the arrangements to safeguard or promote the welfare of pupils made by the proprietors of independent schools (including academies or 6

free schools) or alternative provision academies must have regard to any guidance given by the Secretary of State; and •

paragraph 3 of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 2011, made under section 342 of the Education Act 1996, which requires arrangements for safeguarding and promoting the health, safety and welfare of pupils in non-maintained special schools to have regard to any guidance published on such issues.

4. This guidance applies to other organisations as set out in chapter 2. It applies, in its entirety, to all schools. 5.

This document should be complied with unless exceptional circumstances arise.

Who is this guidance for? 6. This statutory guidance should be read and followed by local authority Chief Executives, Directors of Children’s Services, LSCB Chairs and senior managers within organisations who commission and provide services for children and families, including social workers and professionals from health services, adult services, the police, academy trusts, education, youth justice services and the voluntary and community sector who have contact with children and families. 2,3 7. All relevant professionals should read and follow this guidance so that they can respond to individual children’s needs appropriately. 8. A version of the guidance for young people and a separate version suitable for younger children are also available for practitioners to share. 9. In 2013-14 over 650,000 children in England were referred to local authority children’s social care services by individuals who had concerns about their welfare. 10. For children who need additional help, every day matters. Academic research is consistent in underlining the damage to children from delaying intervention. The actions taken by professionals to meet the needs of these children as early as possible can be critical to their future. 11. Children are best protected when professionals are clear about what is required of them individually, and how they need to work together.

2

Statutory guidance on the roles and responsibilities of the Director of Children’s Services and the Lead Member for Children’s Services. 3 The reference to social workers throughout the documents means social workers who are registered to practice with the Health and Care Professions Council.

7

12. This guidance aims to help professionals understand what they need to do, and what they can expect of one another, to safeguard children. It focuses on core legal requirements, making it clear what individuals and organisations should do to keep children safe. In doing so, it seeks to emphasise that effective safeguarding systems are those where: •

the child’s needs are paramount, and the needs and wishes of each child, be they a baby or infant, or an older child, should be put first, so that every child receives the support they need before a problem escalates;

•

all professionals who come into contact with children and families are alert to their needs and any risks of harm that individual abusers, or potential abusers, may pose to children;

•

all professionals share appropriate information in a timely way and can discuss any concerns about an individual child with colleagues and local authority children’s social care;

•

high quality professionals are able to use their expert judgement to put the child’s needs at the heart of the safeguarding system so that the right solution can be found for each individual child;

•

all professionals contribute to whatever actions are needed to safeguard and promote a child’s welfare and take part in regularly reviewing the outcomes for the child against specific plans and outcomes;

•

LSCBs coordinate the work to safeguard children locally and monitor and challenge the effectiveness of local arrangements;

•

when things go wrong Serious Case Reviews (SCRs) are published and transparent about any mistakes which were made so that lessons can be learnt; and

•

local areas innovate and changes are informed by evidence and examination of the data.

13. Ultimately, effective safeguarding of children can only be achieved by putting children at the centre of the system, and by every individual and agency playing their full part, working together to meet the needs of our most vulnerable children.

A child-centred and coordinated approach to safeguarding Key principles 14. Effective safeguarding arrangements in every local area should be underpinned by two key principles: 8

•

safeguarding is everyone’s responsibility: for services to be effective each professional and organisation should play their full part; and

•

a child-centred approach: for services to be effective they should be based on a clear understanding of the needs and views of children.

Safeguarding is everyone’s responsibility 15. Everyone who works with children – including teachers, GPs, nurses, midwives, health visitors, early years professionals, youth workers, police, Accident and Emergency staff, paediatricians, voluntary and community workers and social workers – has a responsibility for keeping them safe. 16. No single professional can have a full picture of a child’s needs and circumstances and, if children and families are to receive the right help at the right time, everyone who comes into contact with them has a role to play in identifying concerns, sharing information and taking prompt action. 17. In order that organisations and practitioners collaborate effectively, it is vital that every individual working with children and families is aware of the role that they have to play and the role of other professionals. In addition, effective safeguarding requires clear local arrangements for collaboration between professionals and agencies. 18. Any professionals with concerns about a child’s welfare should make a referral to local authority children’s social care. Professionals should follow up their concerns if they are not satisfied with the local authority children’s social care response. 19. This statutory guidance sets out key roles for individual organisations and key elements of effective local arrangements for safeguarding. It is very important these arrangements are strongly led and promoted at a local level, specifically by: •

a strong lead from local authority members, and the commitment of chief officers in all agencies, in particular the Director of Children’s Services and Lead Member for Children’s Services in each local authority; and

•

effective local coordination and challenge by the LSCBs in each area (see chapter 3).

A child-centred approach 20. Effective safeguarding systems are child centred. Failings in safeguarding systems are too often the result of losing sight of the needs and views of the children within them, or placing the interests of adults ahead of the needs of children. 21. Children are clear what they want from an effective safeguarding system and this is described in the box on page 11.

9

22. Children want to be respected, their views to be heard, to have stable relationships with professionals built on trust and to have consistent support provided for their individual needs. This should guide the behaviour of professionals. Anyone working with children should see and speak to the child; listen to what they say; take their views seriously; and work with them collaboratively when deciding how to support their needs. A child-centred approach is supported by: •

the Children Act 1989. This Act requires local authorities to give due regard to a child’s wishes when determining what services to provide under section 17 of the Children Act 1989, and before making decisions about action to be taken to protect individual children under section 47 of the Children Act 1989. These duties complement requirements relating to the wishes and feelings of children who are, or may be, looked after (section 22(4) Children Act 1989), including those who are provided with accommodation under section 20 of the Children Act 1989 and children taken into police protection (section 46(3)(d) of that Act);

•

the Equality Act 2010 which puts a responsibility on public authorities to have due regard to the need to eliminate discrimination and promote equality of opportunity. This applies to the process of identification of need and risk faced by the individual child and the process of assessment. No child or group of children must be treated any less favourably than others in being able to access effective services which meet their particular needs; and

•

the United Nations Convention on the Rights of the Child (UNCRC). This is an international agreement that protects the rights of children and provides a childcentred framework for the development of services to children. The UK Government ratified the UNCRC in 1991 and, by doing so, recognises children’s rights to expression and receiving information.

10

Children have said that they need •

Vigilance: to have adults notice when things are troubling them

•

Understanding and action: to understand what is happening; to be heard and understood; and to have that understanding acted upon

•

Stability: to be able to develop an on-going stable relationship of trust with those helping them

•

Respect: to be treated with the expectation that they are competent rather than not

•

Information and engagement: to be informed about and involved in procedures, decisions, concerns and plans

•

Explanation: to be informed of the outcome of assessments and decisions and reasons when their views have not met with a positive response

•

Support: to be provided with support in their own right as well as a member of their family

•

Advocacy: to be provided with advocacy to assist them in putting forward their views

23. In addition to individual practitioners shaping support around the needs of individual children, local agencies need to have a clear understanding of the collective needs of children locally when commissioning effective services. As part of that process, the Director of Public Health should ensure that the needs of vulnerable children are a key part of the Joint Strategic Needs Assessment that is developed by the health and well-being board. The LSCB should use this assessment to help them understand the prevalence of abuse and neglect in their area, which in turn will help shape services.

11

Chapter 1: Assessing need and providing help Early help 1. Providing early help is more effective in promoting the welfare of children than reacting later. Early help means providing support as soon as a problem emerges, at any point in a child’s life, from the foundation years through to the teenage years. Early help can also prevent further problems arising, for example, if it is provided as part of a support plan where a child has returned home to their family from care. 2.

Effective early help relies upon local agencies working together to: •

identify children and families who would benefit from early help;

•

undertake an assessment of the need for early help; and

•

provide targeted early help services to address the assessed needs of a child and their family which focuses on activity to significantly improve the outcomes for the child. Local authorities, under section 10 of the Children Act 2004, have a responsibility to promote inter-agency cooperation to improve the welfare of children.

Section 10 Section 10 of the Children Act 2004 requires each local authority to make arrangements to promote cooperation between the authority, each of the authority’s relevant partners and such other persons or bodies working with children in the local authority’s area as the authority considers appropriate. The arrangements are to be made with a view to improving the well-being of all children in the authority’s area, which includes protection from harm and neglect. The local authority’s relevant partners are listed in Table A in Appendix B.

Identifying children and families who would benefit from early help 3. Local agencies should have in place effective ways to identify emerging problems and potential unmet needs for individual children and families. This requires all professionals, including those in universal services and those providing services to adults with children, to understand their role in identifying emerging problems and to share information with other professionals to support early identification and assessment. 4. Local Safeguarding Children Boards (LSCBs) should monitor and evaluate the effectiveness of training, including multi-agency training, for all professionals in the area. 12

Training should cover how to identify and respond early to the needs of all vulnerable children, including: unborn children; babies; older children; young carers; disabled children; and those who are in secure settings. 5. Professionals should, in particular, be alert to the potential need for early help for a child who: •

is disabled and has specific additional needs;

•

has special educational needs;

•

is a young carer;

•

is showing signs of engaging in anti-social or criminal behaviour;

•

is in a family circumstance presenting challenges for the child, such as substance abuse, adult mental health problems and domestic violence;

•

has returned home to their family from care; 4 and/or

•

is showing early signs of abuse and/or neglect.

6. Professionals working in universal services have a responsibility to identify the symptoms and triggers of abuse and neglect, to share that information and work together to provide children and young people with the help they need. Practitioners need to continue to develop their knowledge and skills in this area. They should have access to training to identify and respond early to abuse and neglect, and to the latest research showing which types of interventions are the most effective.

Effective assessment of the need for early help 7. Local agencies should work together to put processes in place for the effective assessment of the needs of individual children who may benefit from early help services. 8. Children and families may need support from a wide range of local agencies. Where a child and family would benefit from coordinated support from more than one agency (e.g. education, health, housing, police) there should be an inter-agency assessment. These early help assessments, such as the Common Assessment Framework, should identify what help the child and family require to prevent needs escalating to a point where intervention would be needed via a statutory assessment under the Children Act 1989 (see paragraph 26).

4

Children return home to their families from local authority care under a range of circumstances. These circumstances and the related local authority duties are set out in flow chart 6, page 51.

13

9. The early help assessment should be undertaken by a lead professional who should provide support to the child and family, act as an advocate on their behalf and coordinate the delivery of support services. The lead professional role could be undertaken by a General Practitioner (GP), family support worker, teacher, health visitor and/or special educational needs coordinator. Decisions about who should be the lead professional should be taken on a case by case basis and should be informed by the child and their family. 10.

For an early help assessment to be effective: •

the assessment should be undertaken with the agreement of the child and their parents or carers. It should involve the child and family as well as all the professionals who are working with them;

•

a teacher, GP, health visitor, early years’ worker or other professional should be able to discuss concerns they may have about a child and family with a social worker in the local authority. Local authority children’s social care should set out the process for how this will happen; and

•

if parents and/or the child do not consent to an early help assessment, then the lead professional should make a judgement as to whether, without help, the needs of the child will escalate. If so, a referral into local authority children’s social care may be necessary.

11. If at any time it is considered that the child may be a child in need as defined in the Children Act 1989, or that the child has suffered significant harm or is likely to do so, a referral should be made immediately to local authority children’s social care. This referral can be made by any professional.

Provision of effective early help services 12. The early help assessment carried out for an individual child and their family should be clear about the action to be taken and services to be provided (including any relevant timescales for the assessment) and aim to ensure that early help services are coordinated and not delivered in a piecemeal way. 13. Local areas should have a range of effective, evidence-based services in place to address assessed needs early. The early help on offer should draw upon the local assessment of need and the latest evidence of the effectiveness of early help and early intervention programmes. In addition to high quality support in universal services, specific local early help services will typically include family and parenting programmes, assistance with health issues and help for problems relating to drugs, alcohol and domestic violence. Services may also focus on improving family functioning and building the family’s own capability to solve problems; this should be done within a structured, evidence-based framework involving regular review to ensure that real progress is being 14

made. Some of these services may be delivered to parents but should always be evaluated to demonstrate the impact they are having on the outcomes for the child.

Accessing help and services 14. The provision of early help services should form part of a continuum of help and support to respond to the different levels of need of individual children and families. 15. Where need is relatively low level individual services and universal services may be able to take swift action. For other emerging needs a range of early help services may be required, coordinated through an early help assessment, as set out above. Where there are more complex needs, help may be provided under section 17 of the Children Act 1989 (children in need). Where there are child protection concerns (reasonable cause to suspect a child is suffering, or likely to suffer, significant harm) local authority social care services must make enquiries and decide if any action must be taken under section 47 of the Children Act 1989. 16. It is important that there are clear criteria for taking action and providing help across this full continuum. Having clear thresholds for action which are understood by all professionals, and applied consistently, including for children returning home from care, should ensure that services are commissioned effectively and that the right help is given to the child at the right time. 5 17. The LSCB should agree with the local authority and its partners the levels for the different types of assessment and services to be commissioned and delivered. This should include services for children who have been or may be sexually exploited, children who have undergone or may undergo female genital mutilation and children who have been or may be radicalised. Local authority children’s social care has the responsibility for clarifying the process for referrals. The LSCB should publish a threshold document that includes:

18.

5

•

the process for the early help assessment and the type and level of early help services to be provided;

•

the criteria, including the level of need, for when a case should be referred to local authority children’s social care for assessment and for statutory services under: •

section 17 of the Children Act 1989 (children in need);

•

section 47 of the Children Act 1989 (reasonable cause to suspect children suffering or likely to suffer significant harm);

Guidance on specific safeguarding concerns can be found in Appendix C.

15

•

•

section 31 (care orders); and

•

section 20 (duty to accommodate a child) of the Children Act 1989.

clear procedures and processes for cases relating to the sexual exploitation of children and young people.

LSCBs with youth secure establishments in their area should ensure that thresholds and criteria for referral and assessment take account of the needs of young people in these establishments. 19. Anyone who has concerns about a child’s welfare should make a referral to local authority children’s social care. For example, referrals may come from: children themselves, teachers, a GP, the police, health visitors, family members and members of the public. Within local authorities, children’s social care should act as the principal point of contact for welfare concerns relating to children. Therefore, as well as clear protocols for professionals working with children, contact details should be signposted clearly so that children, parents and other family members are aware of who they can contact if they require advice and/or support. 20. When professionals refer a child, they should include any information they have on the child’s developmental needs and the capacity of the child’s parents or carers to meet those needs. This information may be included in any assessment, including the early help assessment, which may have been carried out prior to a referral into local authority children’s social care. Where an early help assessment has already been undertaken it should be used to support a referral to local authority children’s social care, however, this is not a prerequisite for making a referral. 21. Feedback should be given by local authority children’s social care to the referrer on the decisions taken. Where appropriate, this feedback should include the reasons why a case may not meet the statutory threshold to be considered by local authority children’s social care for assessment and suggestions for other sources of more suitable support.

Information sharing 22. Effective sharing of information between professionals and local agencies is essential for effective identification, assessment and service provision. 23. Early sharing of information is the key to providing effective early help where there are emerging problems. At the other end of the continuum, sharing information can be essential to put in place effective child protection services. Serious Case Reviews (SCRs) have shown how poor information sharing has contributed to the deaths or serious injuries of children.

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24. Fears about sharing information cannot be allowed to stand in the way of the need to promote the welfare and protect the safety of children. To ensure effective safeguarding arrangements: •

all organisations should have arrangements in place which set out clearly the processes and the principles for sharing information between each other, with other professionals and with the LSCB; and

•

no professional should assume that someone else will pass on information which they think may be critical to keeping a child safe. If a professional has concerns about a child’s welfare and believes they are suffering or likely to suffer harm, then they should share the information with local authority children’s social care.

25. Information Sharing: Advice for practitioners providing safeguarding services to children, young people, parents and carers (2015) supports frontline practitioners, working in child or adult services, who have to make decisions about sharing personal information on a case by case basis. 6 The advice includes the seven golden rules for sharing information effectively and can be used to supplement local guidance and encourage good practice in information sharing.

Assessments under the Children Act 1989 Statutory requirements 26. Under the Children Act 1989, local authorities are required to provide services for children in need for the purposes of safeguarding and promoting their welfare. Local authorities undertake assessments of the needs of individual children to determine which services to provide and what action to take. The full set of statutory assessments is set out in the box on pages 18-19.

6

Information sharing: advice for practitioners providing safeguarding services to children, young people, parents and carers (2015).

17

Statutory assessments under the Children Act 1989 •

A child in need is defined under the Children Act 1989 as a child who is unlikely to achieve or maintain a reasonable level of health or development, or whose health and development is likely to be significantly or further impaired, without the provision of services; or a child who is disabled. Children in need may be assessed under section 17 of the Children Act 1989, in relation to their special educational needs, disabilities, as a carer, or because they have committed a crime. Where an assessment takes place, it will be carried out by a social worker. The process for assessment should also be used for children whose parents are in prison and for asylum seeking children. When assessing children in need and providing services, specialist assessments may be required and, where possible, should be coordinated so that the child and family experience a coherent process and a single plan of action.

•

When undertaking an assessment of a disabled child, the local authority must also consider whether it is necessary to provide support under section 2 of the Chronically Sick and Disabled Persons Act (CSDPA) 1970. Where a local authority is satisfied that the identified services and assistance can be provided under section 2 of the CSDPA, and it is necessary in order to meet a disabled child’s needs, it must arrange to provide that support.

•

Concerns about maltreatment may be the reason for a referral to local authority children’s social care or concerns may arise during the course of providing services to the child and family. In these circumstances, local authority children’s social care must initiate enquiries to find out what is happening to the child and whether protective action is required. Local authorities, with the help of other organisations as appropriate, also have a duty to make enquiries under section 47 of the Children Act 1989 if they have reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, to enable them to decide whether they should take any action to safeguard and promote the child’s welfare. There may be a need for immediate protection whilst the assessment is carried out.

•

Some children in need may require accommodation because there is no one who has parental responsibility for them, because they are lost or abandoned or because the person who has been caring for them is prevented from providing them with suitable accommodation or care. Under section 20 of the Children Act 1989, the local authority has a duty to accommodate such children in need in their area.

•

Following an application under section 31A, where a child is the subject of a care order, the local authority, as a corporate parent, must assess the child’s needs and draw up a care plan which sets out the services which will be provided to meet the child’s identified needs.

•

If a local authority considers that a young carer (see glossary) may have support needs, they must carry out an assessment under section 17ZA. The local authority must also carry out such an assessment if a young carer, or the parent of a young carer, requests one. Such an assessment must consider whether it is appropriate or excessive for the young carer to provide care for the person in question, in light of the young carer’s needs and wishes. The Young Carers’ 18

(Needs Assessment) Regulations 2015 require local authorities to look at the needs of the whole family when carrying out a young carers’ needs assessment. 7 Young carer’s assessments can be combined with assessments of adults in the household, with the agreement of the young carer and adults concerned. •

If a local authority considers that a parent carer of a disabled child (see glossary) may have support needs, they must carry out an assessment under section 17ZD. The local authority must also carry out such an assessment if a parent carer requests one. Such an assessment must consider whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child, in light of the parent carer’s needs and wishes.

Other related assessments 27. Where a local authority is assessing the needs of a disabled child, a carer of that child may also require the local authority to undertake an assessment of their ability to provide, or to continue to provide, care for the child, under section 1 of the Carers (Recognition and Services) Act 1995. The local authority must take account of the results of any such assessment when deciding whether to provide services to the disabled child. 28. Under provisions in the Counter-Terrorism and Security Act 2015, local authorities will be required to establish Channel panels from 12 April 2015. The panels will assess the extent to which identified individuals are vulnerable to being drawn into terrorism and arrange for support to be provided to those individuals. Panels must include the local authority and the chief officer of the local police. There are also a number of panel partners, including those within the criminal justice system, education, child care, health care and police who are required to cooperate with the panel in the discharge of its functions. Local authorities and their partners should consider how best to ensure that these assessments align with assessments under the Children Act 1989.

The purpose of assessment 29. Whatever legislation the child is assessed under, the purpose of the assessment is always:

7

•

to gather important information about a child and family;

•

to analyse their needs and/or the nature and level of any risk and harm being suffered by the child;

•

to decide whether the child is a child in need (section 17) and/or is suffering, or likely to suffer, significant harm (section 47); and

The Young Carers’ (Needs Assessment) Regulations 2015 are due to come into force on 1 April 2015.

19

•

to provide support to address those needs to improve the child’s outcomes to make them safe.

30. Assessment should be a dynamic process, which analyses and responds to the changing nature and level of need and/or risk faced by the child. Any provision identified as being necessary through the assessment process should, if the local authority decides to provide such services, be provided without delay. A good assessment will monitor and record the impact of any services delivered to the child and family and review the help being delivered. Whilst services may be delivered to a parent or carer, the assessment should be focused on the needs of the child and on the impact any services are having on the child. 8 31. Good assessments support professionals to understand whether a child has needs relating to their care or a disability and/or is suffering, or likely to suffer, significant harm. The specific needs of disabled children and young carers should be given sufficient recognition and priority in the assessment process. Further guidance can be accessed at Safeguarding Disabled Children – Practice Guidance (2009) and Recognised, valued and supported: Next steps for the Carers Strategy (2010). 9,10 32. Practitioners should be rigorous in assessing and monitoring children at risk of neglect to ensure they are adequately safeguarded over time. They should act decisively to protect the child by initiating care proceedings where existing interventions are insufficient. 33. Where a child becomes looked after the assessment will be the baseline for work with the family. Any needs which have been identified should be addressed before decisions are made about the child's return home. Assessment by a social worker is required before the child returns home under the Care Planning, Placement and Case Review (England) Regulations 2010. This will provide evidence of whether the necessary improvements have been made to ensure the child's safety when they return home. Appropriate support should be provided, following an assessment, for children returning home, including where that return home is unplanned. Any such support should ensure that children continue to be adequately safeguarded. 11 34. Where a child becomes looked after as a result of being remanded to youth detention accommodation (YDA), the local authority must visit the child and assess the child’s needs before taking a decision. This information must be used to prepare a Detention Placement Plan (DPP), which must set out how the YDA and other

8

An assessment of the support needs of parent carers, or non-parent carers, of disabled children may be required (see blue box on pages 18-19 and paragraph 27). 9 Safeguarding Disabled Children – Practice Guidance (2009). 10 Recognised, valued and supported: Next steps for the Carers Strategy (2010). 11 Changes to the Care Planning, Placement and Case Review (England) Regulations 2010 are expected to come into force on 1 April 2015.

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professionals will meet the child’s needs whilst the child remains remanded. The DPP must be reviewed in the same way as a care plan for any other looked after child. 12

The principles and parameters of a good assessment 35.

High quality assessments: •

are child centred. Where there is a conflict of interest, decisions should be made in the child’s best interests;

•

are rooted in child development and informed by evidence;

•

are focused on action and outcomes for children;

•

are holistic in approach, addressing the child’s needs within their family and wider community;

•

ensure equality of opportunity;

•

involve children and families;

•

build on strengths as well as identifying difficulties;

•

are integrated in approach;

•

are a continuing process not an event;

•

lead to action, including the provision of services;

•

review services provided on an ongoing basis; and

•

are transparent and open to challenge.

36. Research has shown that taking a systematic approach to enquiries using a conceptual model is the best way to deliver a comprehensive assessment for all children. A good assessment is one which investigates the following three domains, set out in the diagram on the next page. •

the child’s developmental needs, including whether they are suffering, or likely to suffer, significant harm;

•

parents’ or carers’ capacity to respond to those needs; 13, 14 and

12

Following the Legal Aid Sentencing and Punishment of Offenders Act 2012 all children and young people remanded by a court in criminal proceedings will be looked after. 13 An assessment of the support needs of parent carers of disabled children may be required (see blue box on pages 18-19) 14 See paragraph 23 of Chapter 2 (page 59) on adults with parental responsibility for disabled children.

21

•

the impact and influence of wider family, community and environmental circumstances.

37. The interaction of these domains requires careful investigation during the assessment. The aim is to reach a judgement about the nature and level of needs and/or risks that the child may be facing within their family. It is important that: •

information is gathered and recorded systematically;

•

information is checked and discussed with the child and their parents/carers where appropriate;

•

differences in views about information are recorded; and

•

the impact of what is happening to the child is clearly identified.

Assessment Framework

38. Assessments for some children – including young carers, children with special educational needs (who may require statements of SEN), unborn children where there are concerns, asylum seeking children, children in hospital, disabled children, children with specific communication needs, children considered at risk of gang activity, children who are in the youth justice system – will require particular care. Where a child has other 22

assessments it is important that these are coordinated so that the child does not become lost between the different agencies involved and their different procedures.

Focusing on the needs and views of the child 39. Every assessment should be child centred. Where there is a conflict between the needs of the child and their parents/carers, decisions should be made in the child’s best interests. 40. Each child who has been referred into local authority children’s social care should have an individual assessment to respond to their needs and to understand the impact of any parental behaviour on them as an individual. Local authorities have to give due regard to a child’s age and understanding when determining what (if any) services to provide under section 17 of the Children Act 1989, and before making decisions about action to be taken to protect individual children under section 47 of the Children Act 1989. 41. Every assessment must be informed by the views of the child as well as the family. Children should, wherever possible, be seen alone and local authority children’s social care has a duty to ascertain the child’s wishes and feelings regarding the provision of services to be delivered. 15 It is important to understand the resilience of the individual child when planning appropriate services. 42. Every assessment should reflect the unique characteristics of the child within their family and community context. For example, a young carer’s needs assessment must consider the impact of the child’s caring role on their health and development; and reach a view about whether, in view of the child’s needs and personal circumstances, any care tasks are “inappropriate” or excessive. The Children Act 1989 promotes the view that all children and their parents should be considered as individuals and that family structures, culture, religion, ethnic origins and other characteristics should be respected. Where the child has links to a foreign country, a social worker may also need to work with colleagues abroad. 16,17 43. Every assessment, including young carer, parent carer and non-parent carer assessments, should draw together relevant information gathered from the child and their family and from relevant professionals including teachers, early years workers, health professionals, the police and adult social care. Where a child has been looked after and has returned home, information from previous assessments and case records should also be reviewed.

15

Section 17 of the Children Act 1989, amended by section 53 Children Act 2004 A child with links to a foreign country may be a foreign national child, a child with dual nationality or a British child of foreign parents/national origin. 17 Further guidance can be found in Working with foreign authorities on child protection cases and care orders (2014). 16

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44. A high quality assessment is one in which evidence is built and revised throughout the process. A social worker may arrive at a judgement early in the case but this may need to be revised as the case progresses and further information comes to light. It is a characteristic of skilled practice that social workers revisit their assumptions in the light of new evidence and take action to revise their decisions in the best interests of the individual child. 45. The aim is to use all the information to identify difficulties and risk factors as well as developing a picture of strengths and protective factors.

Developing a clear analysis 46. The social worker should analyse all the information gathered from the enquiry stage of the assessment, including from a young carer’s, parent carer’s or non-parent carer’s assessment, to decide the nature and level of the child’s needs and the level of risk, if any, they may be facing. The social work manager should challenge the social worker’s assumptions as part of this process. An informed decision should be taken on the nature of any action required and which services should be provided. Social workers, their managers and other professionals should be mindful of the requirement to understand the level of need and risk in a family from the child’s perspective and ensure action or commission services which will have maximum impact on the child’s life. 47. No system can fully eliminate risk. Understanding risk involves judgement and balance. To manage risks, social workers and other professionals should make decisions with the best interests of the child in mind, informed by the evidence available and underpinned by knowledge of child development. 48. Critical reflection through supervision should strengthen the analysis in each assessment. 49. Social workers, their managers and other professionals should always consider the plan from the child’s perspective. A desire to think the best of adults and to hope they can overcome their difficulties should not trump the need to rescue children from chaotic, neglectful and abusive homes. Social workers and managers should always reflect the latest research on the impact of neglect and abuse and relevant findings from serious case reviews when analysing the level of need and risk faced by the child. This should be reflected in the case recording. 50. Assessment is a dynamic and continuous process which should build upon the history of every individual case, responding to the impact of any previous services and analysing what further action might be needed. Social workers should build on this with help from other professionals from the moment that a need is identified. 51. Decision points and review points involving the child and family and relevant professionals should be used to keep the assessment on track. This is to ensure that 24

help is given in a timely and appropriate way and that the impact of this help is analysed and evaluated in terms of the improved outcomes and welfare of the child.

Focusing on outcomes 52. Every assessment should be focused on outcomes, deciding which services and support to provide to deliver improved welfare for the child. 53. Where the outcome of the assessment is continued local authority children’s social care involvement, the social worker and their manager should agree a plan of action with other professionals and discuss this with the child and their family. The plan should set out what services are to be delivered, and what actions are to be undertaken, by whom and for what purpose. 54. Many services provided will be for parents or carers (and may include services identified in a parent carer’s or non-parent carer’s needs assessment). 18 The plan should reflect this and set clear measurable outcomes for the child and expectations for the parents, with measurable, reviewable actions for them. 55. The plan should be reviewed regularly to analyse whether sufficient progress has been made to meet the child’s needs and the level of risk faced by the child. This will be important for neglect cases where parents and carers can make small improvements. The test should be whether any improvements in adult behaviour are sufficient and sustained. Social workers and their managers should consider the need for further action and record their decisions. The review points should be agreed by the social worker with other professionals and with the child and family to continue evaluating the impact of any change on the welfare of the child. 56. Effective professional supervision can play a critical role in ensuring a clear focus on a child’s welfare. Supervision should support professionals to reflect critically on the impact of their decisions on the child and their family. The social worker and their manager should review the plan for the child. Together they should ask whether the help given is leading to a significant positive change for the child and whether the pace of that change is appropriate for the child. Any professional working with vulnerable children should always have access to a manager to talk through their concerns and judgements affecting the welfare of the child. Assessment should remain an ongoing process, with the impact of services informing future decisions around action.

18

Section 17ZD of the Children Act 1989 and section 1 of the Carers (Recognition and Services) Act 1995 (see blue box on pages 18-19 and paragraph 27)

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Timeliness 57. The timeliness of an assessment is a critical element of the quality of that assessment and the outcomes for the child. The speed with which an assessment is carried out after a child’s case has been referred into local authority children’s social care should be determined by the needs of the individual child and the nature and level of any risk of harm faced by the child. This will require judgements to be made by the social worker in discussion with their manager on each individual case. Adult assessments, i.e. parent carer or non-parent carer assessments, should also be carried out in a timely manner, consistent with the needs of the child. 58. Within one working day of a referral being received, a local authority social worker should make a decision about the type of response that is required and acknowledge receipt to the referrer. 59. For children who are in need of immediate protection, action must be taken by the social worker, or the police or NSPCC if removal is required, as soon as possible after the referral has been made to local authority children’s social care (sections 44 and 46 of the Children Act 1989). 60. The maximum timeframe for the assessment to conclude, such that it is possible to reach a decision on next steps, should be no longer than 45 working days from the point of referral. If, in discussion with a child and their family and other professionals, an assessment exceeds 45 working days the social worker should record the reasons for exceeding the time limit. 61. Whatever the timescale for assessment, where particular needs are identified at any stage of the assessment, social workers should not wait until the assessment reaches a conclusion before commissioning services to support the child and their family. In some cases the needs of the child will mean that a quick assessment will be required. 62. The assessment of neglect cases can be difficult. Neglect can fluctuate both in level and duration. A child’s welfare can, for example, improve following input from services or a change in circumstances and review, but then deteriorate once support is removed. Professionals should be wary of being too optimistic. Timely and decisive action is critical to ensure that children are not left in neglectful homes. 63. It is the responsibility of the social worker to make clear to children and families how the assessment will be carried out and when they can expect a decision on next steps. 64. To facilitate the shift to an assessment process which brings continuity and consistency for children and families, there will no longer be a requirement to conduct separate initial and core assessments. Local authorities should determine their local assessment processes through a local protocol.

26

Local protocols for assessment 65. Local authorities, with their partners, should develop and publish local protocols for assessment. A local protocol should set out clear arrangements for how cases will be managed once a child is referred into local authority children’s social care and be consistent with the requirements of this statutory guidance. The detail of each protocol will be led by the local authority in discussion with their partners and agreed with the relevant LSCB. 66. A local protocol should set out and clarify how statutory social care assessments will be informed by, and inform, other specialist assessments (for example, an assessment for an Education Health and Care Plan, or an assessment by adult services). 67. The local authority is publicly accountable for this protocol and all organisations and agencies have a responsibility to understand their local protocol. The local protocol for assessment should: •

ensure that assessments are timely, transparent and proportionate to the needs of individual children and their families;

•

set out how the needs of disabled children, young carers and children involved in the youth justice system will be addressed in the assessment process;

•

clarify how agencies and professionals undertaking assessments and providing services can make contributions;

•

clarify how the statutory assessments will be informed by other specialist assessments, such as the assessment for children with special educational needs (Education, Health and Care Plan) and disabled children;

•

clarify how assessment will address the issue of female genital mutilation;

•

ensure that any specialist assessments are coordinated so that the child and family experience a joined up assessment process and a single planning process focused on outcomes;

•

set out how shared internal review points with other professionals and the child and family will be managed throughout the assessment process;

•

set out the process for assessment for children who return home from care to live with their families;

•

seek to ensure that each child and family understands the type of help offered and their own responsibilities, so as to improve the child’s outcomes;

27

•

set out the process for challenge by children and families by publishing the complaints procedures; 19 and

•

require decisions to be recorded in accordance with locally agreed procedures. Recording should include information on the child’s development so that progress can be monitored to ensure their outcomes are improving. This will reduce the need for repeat assessments during care proceedings, which can be a major source of delay.

Processes for managing individual cases 68. The following descriptors and flow charts set out the precise steps that professionals should take when working together to assess and provide services for children who may be in need, including those suffering harm. The flow charts cover: •

the referral process into local authority children’s social care;

•

the process for determining next steps for a child who has been assessed as being ‘in need’; and

•

the essential processes for children where there is reasonable cause to suspect that the child is suffering, or likely to suffer, significant harm (this includes immediate protection for children at serious risk of harm).

Response to a referral Once the referral has been accepted by local authority children’s social care the lead professional role falls to a social worker. The social worker should clarify with the referrer, when known, the nature of the concerns and how and why they have arisen. Within one working day of a referral being received a local authority social worker should make a decision about the type of response that is required. This will include determining whether: •

the child requires immediate protection and urgent action is required;

•

the child is in need, and should be assessed under section 17 of the Children Act 1989;

•

there is reasonable cause to suspect that the child is suffering, or likely to suffer,

19

Including as specified under Section 26(3) of the Children Act 1989 and the Children Act 1989 Representations Procedure (England) Regulations 2006.

28

significant harm, and whether enquires must be made and the child assessed under section 47 of the Children Act 1989; •

any services are required by the child and family and what type of services; and

•

further specialist assessments are required in order to help the local authority to decide what further action to take.

Action to be taken: The child and family must be informed of the action to be taken. Local authority children’s social care should see the child as soon as possible if the decision is taken that the referral requires further assessment. Where requested to do so by local authority children’s social care, professionals from other parts of the local authority such as housing and those in health organisations have a duty to cooperate under section 27 of the Children Act 1989 by assisting the local authority in carrying out its children’s social care functions.

29

Flow chart 1: Action taken when a child is referred to local authority children’s social care services

30

Immediate Protection Where there is a risk to the life of a child or a likelihood of serious immediate harm, local authority social workers, the police or NSPCC should use their statutory child protection powers to act immediately to secure the safety of the child. If it is necessary to remove a child from their home, a local authority must, wherever possible and unless a child’s safety is otherwise at immediate risk, apply for an Emergency Protection Order (EPO). Police powers to remove a child in an emergency should be used only in exceptional circumstances where there is insufficient time to seek an EPO or for reasons relating to the immediate safety of the child. An EPO, made by the court, gives authority to remove a child and places them under the protection of the applicant. When considering whether emergency action is necessary an agency should always consider the needs of other children in the same household or in the household of an alleged perpetrator. The local authority in whose area a child is found in circumstances that require emergency action (the first authority) is responsible for taking emergency action. If the child is looked after by, or the subject of a child protection plan in another authority, the first authority must consult the authority responsible for the child. Only when the second local authority explicitly accepts responsibility (to be followed up in writing) is the first authority relieved of its responsibility to take emergency action. Multi-agency working Planned emergency action will normally take place following an immediate strategy discussion. Social workers, the police or NSPCC should: •

initiate a strategy discussion to discuss planned emergency action. Where a single agency has to act immediately, a strategy discussion should take place as soon as possible after action has been taken;

•

see the child (this should be done by a practitioner from the agency taking the emergency action) to decide how best to protect them and whether to seek an EPO; and

•

wherever possible, obtain legal advice before initiating legal action, in particular when an EPO is being sought.

Related information: For further guidance on EPOs see Chapter 4 of Court orders and pre-proceedings: For local authorities (April 2014).

31

Flow chart 2: Immediate protection

32

Assessment of a child under the Children Act 1989 Following acceptance of a referral by the local authority children’s social care, a social worker should lead a multi-agency assessment under section 17 of the Children Act 1989. Local authorities have a duty to ascertain the child’s wishes and feelings and take account of them when planning the provision of services. Assessments should be carried out in a timely manner reflecting the needs of the individual child, as set out in this chapter. Where the local authority children’s social care decides to provide services, a multi-agency child in need plan should be developed which sets out which agencies will provide which services to the child and family. The plan should set clear measurable outcomes for the child and expectations for the parents. The plan should reflect the positive aspects of the family situation as well as the weaknesses. Where information gathered during an assessment (which may be very brief) results in the social worker suspecting that the child is suffering or likely to suffer significant harm, the local authority should hold a strategy discussion to enable it to decide, with other agencies, whether to initiate enquiries under section 47 of the Children Act 1989. Purpose:

Social workers should:

Assessments should determine whether the child is in need, the nature of any services required and whether any specialist assessments should be undertaken to assist the local authority in its decision making. •

lead on an assessment and complete it in line with the locally agreed protocol according to the child’s needs and within 45 working days from the point of referral into local authority children’s social care;

•

see the child within a timescale that is appropriate to the nature of the concerns expressed at referral, according to an agreed plan;

•

conduct interviews with the child and family members, separately and together as appropriate. Initial discussions with the child should be conducted in a way that minimises distress to them and maximises the likelihood that they will provide accurate and complete information, avoiding leading or suggestive questions;

•

record the assessment findings and decisions and next steps following the assessment;

•

inform, in writing, all the relevant agencies and the family of their decisions and, if the child is a child in need, of the plan for providing support; and

•

inform the referrer of what action has been or will be taken.

33

The police should:

•

assist other agencies to carry out their responsibilities where there are concerns about the child’s welfare, whether or not a crime has been committed. If a crime has been committed, the police should be informed by the local authority children’s social care.

All involved professionals should:

•

be involved in the assessment and provide further information about the child and family; and

•

agree further action including what services would help the child and family and inform local authority children’s social care if any immediate action is required.

34

Flow chart 3: Action taken for an assessment of a child under the Children Act 1989

35

Strategy discussion Whenever there is reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm there should be a strategy discussion involving local authority children’s social care (including the fostering service, if the child is looked after), the police, health and other bodies such as the referring agency. This might take the form of a multi-agency meeting or phone calls and more than one discussion may be necessary. A strategy discussion can take place following a referral or at any other time, including during the assessment process. Purpose:

Local authority children’s social care should convene a strategy discussion to determine the child’s welfare and plan rapid future action if there is reasonable cause to suspect the child is suffering, or is likely to suffer, significant harm.

Strategy discussion attendees:

A local authority social worker and their manager, health professionals and a police representative should, as a minimum, be involved in the strategy discussion. Other relevant professionals will depend on the nature of the individual case but may include: •

the professional or agency which made the referral;

•

the child’s school or nursery; and

•

any health services the child or family members are receiving.

All attendees should be sufficiently senior to make decisions on behalf of their agencies. Strategy discussion tasks:

The discussion should be used to: •

share available information;

•

agree the conduct and timing of any criminal investigation; and

•

decide whether enquiries under section 47 of the Children Act 1989 should be undertaken.

Where there are grounds to initiate an enquiry under section 47 of the Children Act 1989, decisions should be made as to: •

what further information is needed if an assessment is already underway and how it will be obtained and recorded;

•

what immediate and short term action is required to support the child, and who will do what by when; and

•

whether legal action is required.

The timescale for the assessment to reach a decision on next steps should 36

be based upon the needs of the individual child, consistent with the local protocol and certainly no longer than 45 working days from the point of referral into local authority children’s social care. The principles and parameters for the assessment of children in need at chapter 1 paragraph 35 should be followed for assessments undertaken under section 47 of the Children Act 1989. Social workers with their managers should:

The police should:

•

convene the strategy discussion and make sure it:

•

considers the child’s welfare and safety, and identifies the level of risk faced by the child;

•

decides what information should be shared with the child and family (on the basis that information is not shared if this may jeopardise a police investigation or place the child at risk of significant harm);

•

agrees what further action is required, and who will do what by when, where an EPO is in place or the child is the subject of police powers of protection;

•

records agreed decisions in accordance with local recording procedures; and

•

follows up actions to make sure what was agreed gets done.

•

discuss the basis for any criminal investigation and any relevant processes that other agencies might need to know about, including the timing and methods of evidence gathering; and

•

lead the criminal investigation (local authority children’s social care have the lead for the section 47 enquires and assessment of the child’s welfare) where joint enquiries take place.

37

Flow chart 4: Action following a strategy discussion

38

Initiating section 47 enquiries A section 47 enquiry is carried out by undertaking or continuing with an assessment in accordance with the guidance set out in this chapter and following the principles and parameters of a good assessment. Local authority social workers have a statutory duty to lead assessments under section 47 of the Children Act 1989. The police, health professionals, teachers and other relevant professionals should help the local authority in undertaking its enquiries. Purpose:

Social workers with their managers should:

A section 47 enquiry is initiated to decide whether and what type of action is required to safeguard and promote the welfare of a child who is suspected of, or likely to be, suffering significant harm. •

lead the assessment in accordance with this guidance;

•

carry out enquiries in a way that minimises distress for the child and family;

•

see the child who is the subject of concern to ascertain their wishes and feelings; assess their understanding of their situation; assess their relationships and circumstances more broadly;

•

interview parents and/or caregivers and determine the wider social and environmental factors that might impact on them and their child;

•

systematically gather information about the child’s and family’s history;

•

analyse the findings of the assessment and evidence about what interventions are likely to be most effective with other relevant professionals to determine the child’s needs and the level of risk of harm faced by the child to inform what help should be provided and act to provide that help; and

•

follow the guidance set out in Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures, where a decision has been made to undertake a joint interview of the child as part of any criminal investigation. 20

20

Ministry of Justice Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures (2011).

39

The police should:

Health professionals should:

All involved professionals should:

•

help other agencies understand the reasons for concerns about the child’s safety and welfare;

•

decide whether or not police investigations reveal grounds for instigating criminal proceedings;

•

make available to other professionals any evidence gathered to inform discussions about the child’s welfare; and

•

follow the guidance set out in Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures, where a decision has been made to undertake a joint interview of the child as part of the criminal investigations. 21

•

undertake appropriate medical tests, examinations or observations, to determine how the child’s health or development may be being impaired;

•

provide any of a range of specialist assessments. For example, physiotherapists, occupational therapists, speech and language therapists and child psychologists may be involved in specific assessments relating to the child’s developmental progress. The lead health practitioner (probably a consultant paediatrician, or possibly the child’s GP) may need to request and coordinate these assessments; and

•

ensure appropriate treatment and follow up health concerns.

•

contribute to the assessment as required, providing information about the child and family; and

•

consider whether a joint enquiry/investigation team may need to speak to a child victim without the knowledge of the parent or caregiver.

21

Ministry of Justice Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures (2011).

40

Outcome of section 47 enquiries Local authority social workers are responsible for deciding what action to take and how to proceed following section 47 enquiries. If local authority children’s social care decides not to proceed with a child protection conference then other professionals involved with the child and family have the right to request that local authority children’s social care convene a conference, if they have serious concerns that a child’s welfare may not be adequately safeguarded. As a last resort, the LSCB should have in place a quick and straightforward means of resolving differences of opinion. Where concerns of significant harm are not substantiated: Social workers with their managers should:

•

discuss the case with the child, parents and other professionals;

•

determine whether support from any services may be helpful and help secure it; and

•

consider whether the child’s health and development should be re-assessed regularly against specific objectives and decide who has responsibility for doing this.

All involved professionals should:

•

participate in further discussions as necessary;

•

contribute to the development of any plan as appropriate;

•

provide services as specified in the plan for the child; and

•

review the impact of services delivered as agreed in the plan.

Where concerns of significant harm are substantiated and the child is judged to be suffering, or likely to suffer, significant harm: Social workers with their managers should:

•

convene an initial child protection conference (see next section for details). The timing of this conference should depend on the urgency of the case and respond to the needs of the child and the nature and severity of the harm they may be facing. The initial child protection conference should take place within 15 working days of a strategy discussion, or the strategy discussion at which section 47 enquiries were initiated if more than one has been held;

•

consider whether any professionals with specialist knowledge should be invited to participate;

•

ensure that the child and their parents understand the purpose of 41

the conference and who will attend; and

All involved professionals should:

•

help prepare the child if he or she is attending or making representations through a third party to the conference. Give information about advocacy agencies and explain that the family may bring an advocate, friend or supporter.

•

contribute to the information their agency provides ahead of the conference, setting out the nature of the agency’s involvement with the child and family;

•

consider, in conjunction with the police and the appointed conference Chair, whether the report can and should be shared with the parents and if so when; and

•

attend the conference and take part in decision making when invited.

42

Initial child protection conferences Following section 47 enquiries, an initial child protection conference brings together family members (and the child where appropriate), with the supporters, advocates and professionals most involved with the child and family, to make decisions about the child’s future safety, health and development. If concerns relate to an unborn child, consideration should be given as to whether to hold a child protection conference prior to the child’s birth. Purpose:

The Conference Chair:

Social workers with their managers should:

•

To bring together and analyse, in an inter-agency setting, all relevant information and plan how best to safeguard and promote the welfare of the child. It is the responsibility of the conference to make recommendations on how agencies work together to safeguard the child in future. Conference tasks include: •

appointing a lead statutory body (either local authority children’s social care or NSPCC) and a lead social worker, who should be a qualified, experienced social worker and an employee of the lead statutory body;

•

identifying membership of the core group of professionals and family members who will develop and implement the child protection plan;

•

establishing timescales for meetings of the core group, production of a child protection plan and for child protection review meetings; and

•

agreeing an outline child protection plan, with clear actions and timescales, including a clear sense of how much improvement is needed, by when, so that success can be judged clearly.

•

is accountable to the Director of Children’s Services. Where possible the same person should chair subsequent child protection reviews;

•

should be a professional, independent of operational and/or line management responsibilities for the case; and

•

should meet the child and parents in advance to ensure they understand the purpose and the process.

•

convene, attend and present information about the reason for the conference, their understanding of the child’s needs, parental capacity and family and environmental context and evidence of how the child has been abused or neglected and its impact on their health and development; 43

•

analyse the information to enable informed decisions about what action is necessary to safeguard and promote the welfare of the child who is the subject of the conference;

•

share the conference information with the child and family beforehand (where appropriate);

•

prepare a report for the conference on the child and family which sets out and analyses what is known about the child and family and the local authority’s recommendation; and

•

record conference decisions and recommendations and ensure action follows.

All involved professionals should:

•

work together to safeguard the child from harm in the future, taking timely, effective action according to the plan agreed.

LSCBs should:

•

monitor the effectiveness of these arrangements.

44

The child protection plan Actions and responsibilities following the initial child protection conference Purpose:

The aim of the child protection plan is to: •

ensure the child is safe from harm and prevent him or her from suffering further harm;

•

promote the child’s health and development; and

•

support the family and wider family members to safeguard and promote the welfare of their child, provided it is in the best interests of the child.

Local authority children’s social care should:

•

designate a social worker to be the lead professional as they carry statutory responsibility for the child’s welfare;

•

consider the evidence and decide what legal action to take if any, where a child has suffered, or is likely to suffer, significant harm; and

•

define the local protocol for timeliness of circulating plans after the child protection conference.

Social workers with their managers should:

•

be the lead professional for inter-agency work with the child and family, coordinating the contribution of family members and professionals into putting the child protection plan into effect;

•

develop the outline child protection plan into a more detailed interagency plan and circulate to relevant professionals (and family where appropriate);

•

ensure the child protection plan is aligned and integrated with any associated offender risk management plan;

•

undertake direct work with the child and family in accordance with the child protection plan, taking into account the child’s wishes and feelings and the views of the parents in so far as they are consistent with the child’s welfare;

•

complete the child’s and family’s in-depth assessment, securing contributions from core group members and others as necessary;

•

explain the plan to the child in a manner which is in accordance with their age and understanding and agree the plan with the child;

•

consider the need to inform the relevant Embassy if the child has links to a foreign country; 45

The core group should:

•

coordinate reviews of progress against the planned outcomes set out in the plan, updating as required. The first review should be held within 3 months of the initial conference and further reviews at intervals of no more than 6 months for as long as the child remains subject of a child protection plan;

•

record decisions and actions agreed at core group meetings as well as the written views of those who were not able to attend, and follow up those actions to ensure they take place. The child protection plan should be updated as necessary; and

•

lead core group activity.

•

meet within 10 working days from the initial child protection conference if the child is the subject of a child protection plan;

•

further develop the outline child protection plan, based on assessment findings, and set out what needs to change, by how much, and by when in order for the child to be safe and have their needs met;

•

decide what steps need to be taken, and by whom, to complete the indepth assessment to inform decisions about the child’s safety and welfare; and

•

implement the child protection plan and take joint responsibility for carrying out the agreed tasks, monitoring progress and outcomes, and refining the plan as needed.

46

Child protection review conference The review conference procedures for preparation, decision-making and other procedures should be the same as those for an initial child protection conference. Purpose:

To review whether the child is continuing to suffer, or is likely to suffer, significant harm, and review developmental progress against child protection plan outcomes. To consider whether the child protection plan should continue or should be changed.

Social workers with their managers should:

All involved professionals should:

•

attend and lead the organisation of the conference;

•

determine when the review conference should be held within 3 months of the initial conference, and thereafter at maximum intervals of 6 months;

•

provide information to enable informed decisions about what action is necessary to safeguard and promote the welfare of the child who is the subject of the child protection plan, and about the effectiveness and impact of action taken so far;

•

share the conference information with the child and family beforehand, where appropriate;

•

record conference outcomes; and

•

decide whether to initiate family court proceedings (all the children in the household should be considered, even if concerns are only expressed about one child) if the child is considered to be suffering significant harm.

•

attend, when invited, and provide details of their involvement with the child and family; and

•

produce reports for the child protection review. This information will provide an overview of work undertaken by family members and professionals, and evaluate the impact on the child’s welfare against the planned outcomes set out in the child protection plan.

47

Flow chart 5: What happens after the child protection conference, including the review?

48

Discontinuing the Child Protection Plan A child should no longer be the subject of a child protection plan if: •

it is judged that the child is no longer continuing to, or is likely to, suffer significant harm and therefore no longer requires safeguarding by means of a child protection plan;

•

the child and family have moved permanently to another local authority area. In such cases, the receiving local authority should convene a child protection conference within 15 working days of being notified of the move. Only after this event may the original local authority discontinue its child protection plan; or

•

the child has reached 18 years of age (to end the child protection plan, the local authority should have a review around the child’s birthday and this should be planned in advance), has died or has permanently left the United Kingdom.

Social workers with their managers should:

•

notify, as a minimum, all agency representatives who were invited to attend the initial child protection conference that led to the plan; and

•

consider whether support services are still required and discuss with the child and family what might be needed, based on a re-assessment of the child’s needs.

49

Children returning home There are three sets of circumstances where a child may return to live with their family but only in two of these do children cease to be looked after. This section covers circumstances where a child is no longer looked after, but a decision has been taken that local authority children’s social care will continue to provide support and services to the family following reunification. Where the decision to return a child to the care of their family is planned, the local authority will have undertaken an assessment while the child is looked after – as part of the care planning process (under regulation 39 of the Care Planning Regulations 2010). This assessment will consider the suitability of the accommodation and maintenance arrangements for the child and consider what services and support the child (and their family) might need. The outcome of this assessment will be included in the child’s care plan. The decision to cease to look after a child will, in most cases, require approval under regulation 39 of the Care Planning Regulations 2010. Where a child who is accommodated under section 20 returns home in an unplanned way, for example, the decision is not made as part of the care planning process but the parent removes the child or the child decides to leave, the local authority must consider whether there are any immediate concerns about the safety and well-being of the child. If there are concerns about a child’s immediate safety the local authority should take appropriate action, which could include enquiries under section 47 of the Children Act 1989. Whether a child’s return to their family is planned or unplanned, there should be a clear plan that reflects current and previous assessments, focuses on outcomes and includes details of services and support required. These plans should follow the process for review as with any child in need and/or child protection plan. Action to be taken following reunification: •

Practitioners should make the timeline and decision making process for providing ongoing services and support clear to the child and family.

•

When reviewing outcomes, children should, wherever possible, be seen alone. Practitioners have a duty to ascertain their wishes and feelings regarding the provision of services being delivered.

•

The impact of services and support should be monitored and recorded, and the help being delivered should be reviewed.

50

Flow chart 6: Children returning home from care to their families

51

Chapter 2: Organisational responsibilities 1. The previous chapter set out the need for organisations, working together, to take a coordinated approach to ensure effective safeguarding arrangements. This is supported by the duty on local authorities under section 10 of the Children Act 2004 to make arrangements to promote cooperation to improve the well-being of all children in the authority’s area. 2. In addition, a range of individual organisations and professionals working with children and families have specific statutory duties to promote the welfare of children and ensure they are protected from harm.

Section 11 of the Children Act 2004 Section 11 of the Children Act 2004 places duties on a range of organisations and individuals to ensure their functions, and any services that they contract out to others, are discharged having regard to the need to safeguard and promote the welfare of children. Various other statutory duties apply to other specific organisations working with children and families and are set out in this chapter. 3.

Section 11 places a duty on: •

local authorities and district councils that provide children’s and other types of services, including children’s and adult social care services, public health, housing, sport, culture and leisure services, licensing authorities and youth services;

•

NHS organisations, including the NHS England and clinical commissioning groups, NHS Trusts and NHS Foundation Trusts;

•

the police, including police and crime commissioners and the chief officer of each police force in England and the Mayor’s Office for Policing and Crime in London;

•

the British Transport Police;

•

the National Probation Service and Community Rehabilitation Companies; 22

•

Governors/Directors of Prisons and Young Offender Institutions;

•

Directors of Secure Training Centres;

22

The section 11 duty is conferred on the Community Rehabilitation Companies by virtue of contractual arrangements entered into with the Secretary of State.

52

•

Principals of Secure Colleges; and

•

Youth Offending Teams/Services.

4. These organisations should have in place arrangements that reflect the importance of safeguarding and promoting the welfare of children, including: •

a clear line of accountability for the commissioning and/or provision of services designed to safeguard and promote the welfare of children;

•

a senior board level lead to take leadership responsibility for the organisation’s safeguarding arrangements;

•

a culture of listening to children and taking account of their wishes and feelings, both in individual decisions and the development of services;

•

clear whistleblowing procedures, which reflect the principles in Sir Robert Francis’s Freedom to Speak Up review and are suitably referenced in staff training and codes of conduct, and a culture that enables issues about safeguarding and promoting the welfare of children to be addressed; 23

•

arrangements which set out clearly the processes for sharing information, with other professionals and with the Local Safeguarding Children Board (LSCB);

•

a designated professional lead (or, for health provider organisations, named professionals) for safeguarding. Their role is to support other professionals in their agencies to recognise the needs of children, including rescue from possible abuse or neglect. Designated professional roles should always be explicitly defined in job descriptions. Professionals should be given sufficient time, funding, supervision and support to fulfil their child welfare and safeguarding responsibilities effectively;

•

safe recruitment practices for individuals whom the organisation will permit to work regularly with children, including policies on when to obtain a criminal record check;

•

appropriate supervision and support for staff, including undertaking safeguarding training: •

employers are responsible for ensuring that their staff are competent to carry out their responsibilities for safeguarding and promoting the welfare of children and creating an environment where staff feel able to raise concerns and feel supported in their safeguarding role;

23

Sir Robert Francis’s Freedom to Speak Up review report can be found at https://freedomtospeakup.org.uk/wp-content/uploads/2014/07/F2SU_web.pdf.

53

•

•

staff should be given a mandatory induction, which includes familiarisation with child protection responsibilities and procedures to be followed if anyone has any concerns about a child’s safety or welfare; and

•

all professionals should have regular reviews of their own practice to ensure they improve over time.

clear policies in line with those from the LSCB for dealing with allegations against people who work with children. Such policies should make a clear distinction between an allegation, a concern about the quality of care or practice or a complaint. An allegation may relate to a person who works with children who has: •

behaved in a way that has harmed a child, or may have harmed a child;

•

possibly committed a criminal offence against or related to a child; or

•

behaved towards a child or children in a way that indicates they may pose a risk of harm to children.

5. County level and unitary local authorities should ensure that allegations against people who work with children are not dealt with in isolation. Any action necessary to address corresponding welfare concerns in relation to the child or children involved should be taken without delay and in a coordinated manner. Local authorities should, in addition, have designated a particular officer, or team of officers (either as part of multiagency arrangements or otherwise), to be involved in the management and oversight of allegations against people that work with children. Any such officer, or team of officers, should be sufficiently qualified and experienced to be able to fulfil this role effectively, for example qualified social workers. Any new appointments to such a role, other than current or former designated officers moving between local authorities, should be qualified social workers. Arrangements should be put in place to ensure that any allegations about those who work with children are passed to the designated officer, or team of officers, without delay. 6. Local authorities should put in place arrangements to provide advice and guidance on how to deal with allegations against people who work with children to employers and voluntary organisations. Local authorities should also ensure that there are appropriate arrangements in place to effectively liaise with the police and other agencies to monitor the progress of cases and ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process. 7. Employers and voluntary organisations should ensure that they have clear policies in place setting out the process, including timescales, for investigation and what support and advice will be available to individuals against whom allegations have been made. Any allegation against people who work with children should be reported immediately to a senior manager within the organisation. The designated officer, or team of officers,

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should also be informed within one working day of all allegations that come to an employer’s attention or that are made directly to the police. 8. If an organisation removes an individual (paid worker or unpaid volunteer) from work such as looking after children (or would have, had the person not left first) because the person poses a risk of harm to children, the organisation must make a referral to the Disclosure and Barring Service. It is an offence to fail to make a referral without good reason.

Individual organisational responsibilities 9. In addition to these section 11 duties, which apply to a number of named organisations, further safeguarding duties are also placed on individual organisations through other statutes. The key duties that fall on each individual organisation are set out below.

Schools and colleges 10. The governing bodies, management committees or proprietors of the following schools have duties in relation to safeguarding and promoting the welfare of pupils: •

Maintained schools (including maintained nursery schools), further education colleges and sixth form colleges, and pupil referral units; 24,25

•

Independent schools (including academy schools, free schools and alternative provision academies); 26 and

•

Non-maintained special schools. 27

11. In order to fulfil their safeguarding duties, these bodies should have in place the arrangements set out in chapter 2, paragraph 4. 12. Schools and colleges must also have regard to statutory guidance Keeping Children Safe in Education (2015), which provides further guidance as to how they should fulfil their duties in respect of safeguarding and promoting the welfare of children in their care. 28

24

As established under the Further Education and Higher Education Act 1992. Section 175, Education Act 2002 – for management committees of pupil referral units, this is by virtue of regulation 3 and paragraph 19A of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007. 26 Under the Education (Independent School Standards) (England) Regulations 2014. 27 Under the Education (Non-Maintained Special Schools) (England) Regulations 2011. 28 Keeping Children Safe in Education (2015). 25

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Early Years and Childcare 13. Early years providers have a duty under section 40 of the Childcare Act 2006 to comply with the welfare requirements of the Early Years Foundation Stage. 29 Early years providers should ensure that: •

staff complete safeguarding training that enables them to recognise signs of potential abuse and neglect; and

•

they have a practitioner who is designated to take lead responsibility for safeguarding children within each early years setting and who should liaise with local statutory children’s services agencies as appropriate. This lead should also complete child protection training.

Health Services 14. NHS organisations are subject to the section 11 duties set out in paragraph 4 of this chapter. Health professionals are in a strong position to identify welfare needs or safeguarding concerns regarding individual children and, where appropriate, provide support. This includes understanding risk factors, communicating effectively with children and families, liaising with other agencies, assessing needs and capacity, responding to those needs and contributing to multi-agency assessments and reviews. 15. A wide range of health professionals have a critical role to play in safeguarding and promoting the welfare of children including: GPs, primary care professionals, paediatricians, nurses, health visitors, midwives, school nurses, those working in maternity, child and adolescent mental health, youth custody establishments, adult mental health, alcohol and drug services, unscheduled and emergency care settings and secondary and tertiary care. 16. All staff working in healthcare settings – including those who predominantly treat adults – should receive training to ensure they attain the competences appropriate to their role and follow the relevant professional guidance. 30,31,32

29

DfE guidance on the welfare requirements of the Early Years Foundation Stage. Safeguarding Children and Young People: roles and competences for health care staff, RCPCH (2014). 31 Looked after children: Knowledge, skills and competences of health care staff, RCN and RCPCH, (2012). 32 For example, Protecting children and young people: the responsibilities of all doctors, GMC (2012) and Safeguarding Children and Young People: The RCGP/NSPCC Safeguarding Children Toolkit for General Practice, RCGP (2014). 30

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Within the NHS: 33

17. •

NHS England is responsible for ensuring that the health commissioning system as a whole is working effectively to safeguard and promote the welfare of children. It is also accountable for the services it directly commissions, including health care services in the under-18 secure estate and in police custody. NHS England also leads and defines improvement in safeguarding practice and outcomes and should also ensure that there are effective mechanisms for LSCBs and health and wellbeing boards to raise concerns about the engagement and leadership of the local NHS;

•

clinical commissioning groups (CCGs) are the major commissioners of local health services and are responsible for safeguarding quality assurance through contractual arrangements with all provider organisations. CCGs should employ, or have in place, a contractual agreement to secure the expertise of designated professionals, i.e. designated doctors and nurses for safeguarding children and for looked after children (and designated paediatricians for unexpected deaths in childhood). In some areas there will be more than one CCG per local authority and LSCB area, and CCGs may consider ‘lead’ or ‘hosting’ arrangements for their designated professional team, or a clinical network arrangement. Designated professionals, as clinical experts and strategic leaders, are a vital source of advice to the CCG, NHS England, the local authority and the LSCB, and of advice and support to other health professionals; and

•

all providers of NHS funded health services including NHS Trusts, NHS Foundation Trusts and public, voluntary sector, independent sector and social enterprises should identify a named doctor and a named nurse (and a named midwife if the organisation provides maternity services) for safeguarding. In the case of NHS Direct, ambulance trusts and independent providers, this should be a named professional. GP practices should have a lead and deputy lead for safeguarding, who should work closely with named GPs. Named professionals have a key role in promoting good professional practice within their organisation, providing advice and expertise for fellow professionals, and ensuring safeguarding training is in place. They should work closely with their organisation’s safeguarding lead, designated professionals and the LSCB. 34

33

Further guidance on accountabilities for safeguarding children in the NHS is available in Safeguarding Vulnerable People in the Reformed NHS: Accountability and Assurance Framework (2013). 34 Model job descriptions for designated and named professional roles can be found in the intercollegiate document Safeguarding Children and Young People: roles and competences for health care staff and Safeguarding Children and Young People: The RCGP/NSPCC Safeguarding Children Toolkit for General Practice, RCGP (2014).

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Police 18. The police are subject to the section 11 duties set out in paragraph 4 of this chapter. Under section 1(8)(h) of the Police Reform and Social Responsibility Act 2011 the police and crime commissioner must hold the Chief Constable to account for the exercise of the latter’s duties in relation to safeguarding children under sections 10 and 11 of the Children Act 2004. 19. All police officers, and other police employees such as Police Community Support Officers, are well placed to identify early when a child’s welfare is at risk and when a child may need protection from harm. Children have the right to the full protection offered by the criminal law. In addition to identifying when a child may be a victim of a crime, police officers should be aware of the effect of other incidents which might pose safeguarding risks to children and where officers should pay particular attention. For example, an officer attending a domestic abuse incident should be aware of the effect of such behaviour on any children in the household. Children who are encountered as offenders, or alleged offenders, are entitled to the same safeguards and protection as any other child and due regard should be given to their welfare at all times. 20. The police can hold important information about children who may be suffering, or likely to suffer, significant harm, as well as those who cause such harm. They should always share this information with other organisations where this is necessary to protect children. Similarly, they can expect other organisations to share information to enable the police to carry out their duties. Offences committed against children can be particularly sensitive and usually require the police to work with other organisations such as local authority children’s social care. All police forces should have officers trained in child abuse investigation. 21. The police have emergency powers under section 46 of the Children Act 1989 to enter premises and remove a child to ensure their immediate protection. This power can be used if the police have reasonable cause to believe a child is suffering, or is likely to suffer, significant harm. Police emergency powers can help in emergency situations, but should be used only when necessary. Wherever possible, the decision to remove a child from a parent or carer should be made by a court.

Adult social care services 22. Local authorities provide services to adults who are responsible for children who may be in need. These services are subject to the section 11 duties set out in paragraph 4 of this chapter. When staff are providing services to adults they should ask whether there are children in the family and consider whether the children need help or protection from harm. Children may be at greater risk of harm or be in need of additional help in

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families where the adults have mental health problems, misuse substances or alcohol, are in a violent relationship, have complex needs or have learning difficulties. 23. Adults with parental responsibilities for disabled children have a right to a separate parent carer’s needs assessment under section 17ZD of the Children Act 1989. Adults that do not have parental responsibility, but are caring for a disabled child, are entitled to an assessment on their ability to provide, or to continue to provide, care for that disabled child under the Carers (Recognition and Services) Act 1995. That assessment must also consider whether the carer works or wishes to work, or whether they wish to engage in any education, training or recreation activities. 24. Adult social care services should liaise with children’s social care services to ensure that there is a joined-up approach when carrying out such assessments.

Housing services 25. Housing and homelessness services in local authorities and others at the front line such as environmental health organisations are subject to the section 11 duties set out in paragraph 4 of this chapter. Professionals working in these services may become aware of conditions that could have an adverse impact on children. Under Part 1 of the Housing Act 2004, authorities must take account of the impact of health and safety hazards in housing on vulnerable occupants, including children, when deciding on the action to be taken by landlords to improve conditions. Housing authorities also have an important role to play in safeguarding vulnerable young people, including young people who are pregnant, leaving care or a secure establishment.

British Transport Police 26. The British Transport Police (BTP) is subject to the section 11 duties set out in paragraph 4 of this chapter. In its role as the national police for the railways, the BTP can play an important role in safeguarding and promoting the welfare of children, especially in identifying and supporting children who have run away or who are truanting from school. 27. The BTP should carry out its duties in accordance with its legislative powers. This includes removing a child to a suitable place using their police protection powers under the Children Act 1989 and the protection of children who are truanting from school using powers under the Crime and Disorder Act 1998. This involves, for example, the appointment of a designated independent officer in the instance of a child taken into police protection.

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Prison Service 28. The Prison Service is subject to the section 11 duties set out in paragraph 4 of this chapter. It also has a responsibility to identify prisoners who pose a risk of harm to children. 35 Where an individual has been identified as presenting a risk of harm to children, the relevant prison establishment: •

should inform the local authority children’s social care services of the offender’s reception to prison and subsequent transfers and of the release address of the offender;

•

should notify the relevant probation service provider. The police should also be notified of the release address; 36 and

•

may prevent or restrict a prisoner’s contact with children. Decisions on the level of contact, if any, should be based on a multi-agency risk assessment. The assessment should draw on relevant risk information held by police, probation service provider and prison service. The relevant local authority children’s social care contribute to the multi-agency risk assessment by providing a report on the child’s best interests. The best interests of the child will be paramount in the decision-making process. 37

29. A prison is also able to monitor an individual’s communication (including letters and telephone calls) to protect children where proportionate and necessary to the risk presented. 30. Governors/Directors of women’s prisons which have Mother and Baby Units should ensure that: •

there is at all times a member of staff on duty in the unit who is proficient in child protection, health and safety and first aid/child resuscitation; and

•

each baby has a child care plan setting out how the best interests of the child will be maintained and promoted during the child’s residence in the unit.

Probation Service 31. Probation services are provided by the National Probation Service (NPS) and 21 Community Rehabilitation Companies (CRCs). The NPS and CRCs are subject to the

35

HMP Public Protection Manual The management of an individual who presents a risk of harm to children will often be through a multidisciplinary Interdepartmental Risk Management Team (IRMT). 37 Ministry of Justice Chapter 2, Section 2 of HM Prison Service Public Protection Manual. 36

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section 11 duties set out in paragraph 4 of this chapter. 38 They are primarily responsible for working with adult offenders both in the community and in the transition from custody to community to reduce reoffending and improve rehabilitation. They are, therefore, well placed to identify offenders who pose a risk of harm to children as well as children who may be at heightened risk of involvement in (or exposure to) criminal or anti-social behaviour and of other poor outcomes due the offending behaviour of their parent/carer(s). 32. Where an adult offender is assessed as presenting a risk of serious harm to children, the offender manager should develop a risk management plan and supervision plan that contains a specific objective to manage and reduce the risk of harm to children. 33. In preparing a sentence plan, offender managers should consider how planned interventions might bear on parental responsibilities and whether the planned interventions could contribute to improved outcomes for children known to be in an existing relationship with the offender.

The secure estate for children 34. Governors, managers, directors and principals of the following secure establishments are subject to the section 11 duties set out in paragraph 4 of this chapter: •

a secure training centre;

•

a young offender institution;

•

secure children’s homes, namely children’s homes approved by the Secretary of State for accommodating children and young people who require the protection of a secure setting; and

•

a secure college.

35. Each centre holding those aged under 18 should have in place an annually reviewed safeguarding children policy. The policy is designed to promote and safeguard the welfare of children and should cover all relevant operational areas as well as key supporting processes, which would include issues such as child protection, risk of harm, restraint, separation, staff recruitment and information sharing. A manager should be appointed and will be responsible for implementation of this policy. 39

38

The section 11 duty is conferred on the Community Rehabilitation Companies by virtue of contractual arrangements entered into with the Secretary of State. 39 Detailed guidance on the safeguarding children policy, the roles of the safeguarding children manager and the safeguarding children committee, and the role of the establishment in relation to the LSCB can be found in Prison Service Instruction (PSI) 08/2012 ‘Care and Management of Young People’.

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Youth Offending Teams 36. Youth Offending Teams (YOTs) are subject to the section 11 duties set out in paragraph 4 of this chapter. YOTs are multi-agency teams responsible for the supervision of children and young people subject to pre-court interventions and statutory court disposals. 40 They are therefore well placed to identify children known to relevant organisations as being most at risk of offending and to undertake work to prevent them offending. YOTs should have a lead officer responsible for ensuring safeguarding is at the forefront of their business. 37. Under section 38 of the Crime and Disorder Act 1998, local authorities must, within the delivery of youth justice services, ensure the ‘provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers’.

UK Visas and Immigration, Immigration Enforcement and the Border Force 38. Section 55 of the Borders, Citizenship and Immigration Act 2009 places upon the Secretary of State a duty to make arrangements to take account of the need to safeguard and promote the welfare of children in discharging functions relating to immigration, asylum, nationality and customs. These functions are discharged on behalf of the Secretary of State by UK Visas and Immigration, Immigration Enforcement and the Border Force, which are part of the Home Office. The statutory guidance Arrangements to Safeguard and Promote Children’s Welfare and other guidance relevant to the discharge of specific immigration functions set out these arrangements. 41

Children and Family Court Advisory and Support Service 39. The responsibility of the Children and Family Court Advisory and Support Service (Cafcass), as set out in the Children Act 1989, is to safeguard and promote the welfare of individual children who are the subject of family court proceedings. It achieves this by providing independent social work advice to the court. 40. A Cafcass officer has a statutory right in public law cases to access local authority records relating to the child concerned and any application under the Children Act 1989.

40

The statutory membership of YOTs is set out in section 39 (5) of the Crime and Disorder Act 1998. Arrangements to Safeguard and Promote Children’s Welfare in the United Kingdom Border Agency. (original title “Every Child Matters” statutory guidance to the UK Border Agency under section 55 of the Borders, Citizenship and Immigration Act 2009). 41

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That power also extends to other records that relate to the child and the wider functions of the local authority, or records held by an authorised body that relate to that child. 41. Where a Cafcass officer has been appointed by the court as a child’s guardian and the matter before the court relates to specified proceedings, they should be invited to all formal planning meetings convened by the local authority in respect of the child. This includes statutory reviews of children who are accommodated or looked after, child protection conferences and relevant adoption panel meetings.

Armed Services 42. Local authorities have the statutory responsibility for safeguarding and promoting the welfare of the children of service families in the UK. 42,43 In discharging these responsibilities: •

local authorities should ensure that the Soldiers, Sailors, Airmen, and Families Association Forces Help, the British Forces Social Work Service or the Naval Personal and Family Service is made aware of any service child who is the subject of a child protection plan and whose family is about to move overseas; and

•

each local authority with a United States base in its area should establish liaison arrangements with the base commander and relevant staff. The requirements of English child welfare legislation should be explained clearly to the US authorities, so that the local authority can fulfil its statutory duties.

Voluntary and private sectors 43. Voluntary organisations and private sector providers play an important role in delivering services to children. They should have the arrangements described in paragraph 4 of this chapter in place in the same way as organisations in the public sector, and need to work effectively with the LSCB. Paid and volunteer staff need to be aware of their responsibilities for safeguarding and promoting the welfare of children, how they should respond to child protection concerns and make a referral to local authority children’s social care or the police if necessary.

42

When service families or civilians working with the armed forces are based overseas the responsibility for safeguarding and promoting the welfare of their children is vested in the Ministry of Defence. 43 The Army welfare contact is through the Army Welfare Service Intake and Assessment Team: Tel. 01904 662613 or email: [email protected]; The Naval Service welfare contact is through the RN RM Welfare (RNRMW) Portal. Tel: (Mil): 9380 28777; (Civ): +44 (0)23 9272 8777 or, email: [email protected]; The RAF welfare contact is through the Personal Support & Social Work Service RAF (SSAFA). Tel:Mil:95221 6333; (Civ): +44 (0) 01494 49 6477/6333 or email: [email protected].

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Faith Organisations 44. Churches, other places of worship and faith-based organisations provide a wide range of activities for children and have an important role in safeguarding children and supporting families. Like other organisations who work with children they need to have appropriate arrangements in place to safeguard and promote the welfare of children, as described in paragraph 4 of this chapter.

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Chapter 3: Local Safeguarding Children Boards Section 13 of the Children Act 2004 requires each local authority to establish a Local Safeguarding Children Board (LSCB) for their area and specifies the organisations and individuals (other than the local authority) that should be represented on LSCBs.

Statutory objectives and functions of LSCBs 1. An LSCB must be established for every local authority area. The LSCB has a range of roles and statutory functions including developing local safeguarding policy and procedures and scrutinising local arrangements. The statutory objectives and functions of the LSCB are described in the two boxes below.

Statutory objectives and functions of LSCBs Section 14 of the Children Act 2004 sets out the objectives of LSCBs, which are: (a) to coordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area; and (b) to ensure the effectiveness of what is done by each such person or body for those purposes.

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Regulation 5 of the Local Safeguarding Children Boards Regulations 2006 sets out that the functions of the LSCB, in relation to the above objectives under section 14 of the Children Act 2004, are as follows: 1(a) developing policies and procedures for safeguarding and promoting the welfare of children in the area of the authority, including policies and procedures in relation to: (i) the action to be taken where there are concerns about a child’s safety or welfare, including thresholds for intervention; (ii) training of persons who work with children or in services affecting the safety and welfare of children; (iii) recruitment and supervision of persons who work with children; (iv) investigation of allegations concerning persons who work with children; (v) safety and welfare of children who are privately fostered; (vi) cooperation with neighbouring children’s services authorities and their Board partners; (b) communicating to persons and bodies in the area of the authority the need to safeguard and promote the welfare of children, raising their awareness of how this can best be done and encouraging them to do so; (c) monitoring and evaluating the effectiveness of what is done by the authority and their Board partners individually and collectively to safeguard and promote the welfare of children and advising them on ways to improve; (d) participating in the planning of services for children in the area of the authority; and (e) undertaking reviews of serious cases and advising the authority and their Board partners on lessons to be learned. Regulation 5(2) which relates to the LSCB Serious Case Reviews function and regulation 6 which relates to the LSCB Child Death functions are covered in chapter 4 of this guidance. Regulation 5(3) provides that an LSCB may also engage in any other activity that facilitates, or is conducive to, the achievement of its objectives.

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2. In order to fulfil its statutory functions under regulation 5 an LSCB should use data and, as a minimum, should: •

assess the effectiveness of the help being provided to children and families, including early help;

•

assess whether LSCB partners are fulfilling their statutory obligations set out in chapter 2 of this guidance;

•

quality assure practice, including through joint audits of case files involving practitioners and identifying lessons to be learned; and

•

monitor and evaluate the effectiveness of training, including multi-agency training, to safeguard and promote the welfare of children. 44,45

Local authorities and Board partners should provide the LSCB with data to enable it to fulfil its statutory functions effectively. 3. LSCBs do not commission or deliver direct frontline services though they may provide training. While LSCBs do not have the power to direct other organisations they do have a role in making clear where improvement is needed. Each Board partner retains its own existing line of accountability for safeguarding.

LSCB membership 4.

LSCB membership is set out in the box on page 68.

44

The Children’s Safeguarding Performance Information Framework provides a mechanism to help do this by setting out some of the questions a LSCB should consider. 45 Research has shown that multi-agency training in particular is useful and valued by professionals in developing a shared understanding of child protection and decision making. Carpenter et al (2009). The Organisation, Outcomes and Costs of Inter-agency Training to safeguard and promote the welfare of children. London: Department for Children, Schools and Families.

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Statutory Board partners and relevant persons and bodies Section 13 of the Children Act 2004, as amended, sets out that an LSCB must include at least one representative of the local authority and each of the other Board partners set out below (although two or more Board partners may be represented by the same person). Board partners who must be included in the LSCB are: •

district councils in local government areas which have them;

•

the chief officer of police;

•

the National Probation Service and Community Rehabilitation Companies;

•

the Youth Offending Team;

•

NHS England and clinical commissioning groups;

•

NHS Trusts and NHS Foundation Trusts all or most of whose hospitals, establishments and facilities are situated in the local authority area;

•

Cafcass;

•

the governor or director of any secure training centre in the area of the authority; and

•

the governor or director of any prison in the area of the authority which ordinarily detains children.

The Apprenticeships, Skills, Children and Learning Act 2009 amended sections 13 and 14 of the Children Act 2004 and provided that the local authority must take reasonable steps to ensure that the LSCB includes two lay members representing the local community. Section 13(4) of the Children Act 2004, as amended, provides that the local authority must take reasonable steps to ensure the LSCB includes representatives of relevant persons and bodies of such descriptions as may be prescribed. Regulation 3A of the LSCB Regulations prescribes the following persons and bodies: •

the governing body of a maintained school;

•

the proprietor of a non-maintained special school;

•

the proprietor of a city technology college, a city college for the technology of the arts or an academy; and

•

the governing body of a further education institution the main site of which is situated in the authority’s area.

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5. All schools (including independent schools, academies and free schools) have duties in relation to safeguarding children and promoting their welfare. Local authorities should take reasonable steps to ensure that the LSCB includes representatives from all types of school in their area. A system of representation should be identified to enable all schools to receive information and feed back comments to their representatives on the LSCB. 6. The LSCB should work with the Local Family Justice Board. They should also work with the health and well-being board, informing and drawing on the Joint Strategic Needs Assessment. 7. In exceptional circumstances an LSCB can cover more than one local authority. Where boundaries between LSCBs and their partner organisations are not coterminous, such as with health organisations and police authorities, LSCBs should collaborate as necessary on establishing common policies and procedures and joint ways of working. 8. Members of an LSCB should be people with a strategic role in relation to safeguarding and promoting the welfare of children within their organisation. They should be able to: •

speak for their organisation with authority;

•

commit their organisation on policy and practice matters; and

•

hold their own organisation to account and hold others to account.

9. The LSCB should either include on its Board, or be able to draw on appropriate expertise and advice from, frontline professionals from all the relevant sectors. This includes a designated doctor and nurse, the Director of Public Health, Principal Child and Family Social Worker and the voluntary and community sector, and any to whom the local authority has delegated children’s social care functions. Where applicable, LSCBs should also be able to draw on advice from those appointed to support local authorities to move out of intervention. 10. Lay members will operate as full members of the LSCB, participating as appropriate on the Board itself and on relevant committees. Lay members should help to make links between the LSCB and community groups, support stronger public engagement in local child safety issues and an improved public understanding of the LSCB’s child protection work. A local authority may pay lay members. 11. The Lead Member for Children’s Services should be a participating observer of the LSCB. In practice this means routinely attending meetings as an observer and receiving all its written reports.

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LSCB Chair, accountability and resourcing 12. In order to provide effective scrutiny, the LSCB should be independent. It should not be subordinate to, nor subsumed within, other local structures. 13. Every LSCB should have an independent chair who can hold all agencies to account. 14. It is the responsibility of the Chief Executive (Head of Paid Service) to appoint or remove the LSCB chair with the agreement of a panel including LSCB partners and lay members. The Chief Executive, drawing on other LSCB partners and, where appropriate, the Lead Member will hold the Chair to account for the effective working of the LSCB. 15. The LSCB Chair should work closely with all LSCB partners and particularly with the Director of Children’s Services. The Director of Children’s Services has the responsibility within the local authority, under section 18 of the Children Act 2004, for improving outcomes for children, local authority children’s social care functions and local cooperation arrangements for children’s services. 46 16. The Chair must publish an annual report on the effectiveness of child safeguarding and promoting the welfare of children in the local area. 47 The annual report should be published in relation to the preceding financial year and should fit with local agencies’ planning, commissioning and budget cycles. The report should be submitted to the Chief Executive, Leader of the Council, the local police and crime commissioner and the Chair of the health and well-being board. 17. The report should provide a rigorous and transparent assessment of the performance and effectiveness of local services. It should identify areas of weakness, the causes of those weaknesses and the action being taken to address them as well as other proposals for action. The report should include lessons from reviews undertaken within the reporting period (see chapters 4 and 5). 18. LSCBs should conduct regular assessments on the effectiveness of Board partners’ responses to child sexual exploitation and include in the report information on the outcome of these assessments. This should include an analysis of how the LSCB partners have used their data to promote service improvement for vulnerable children and families, including in respect of sexual abuse. The report should also include appropriate data on children missing from care, and how the LSCB is addressing the issue. Where the LSCB has a secure establishment within its area, the report should include a review of the use of restraint within that establishment and the findings of the review should be reported to the Youth Justice Board.

46

Department for Education statutory guidance on The roles and responsibilities of the Director of Children’s Services and Lead Member for Children’s Services (2013) expands on this role. 47 This is a statutory requirement under section 14A of the Children Act 2004.

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19. The report should also list the contributions made to the LSCB by partner agencies and details of what the LSCB has spent, including on Child Death Reviews, Serious Case Reviews and other specific expenditure such as learning events or training. All LSCB member organisations have an obligation to provide LSCBs with reliable resources (including finance) that enable the LSCB to be strong and effective. Members should share the financial responsibility for the LSCB in such a way that a disproportionate burden does not fall on a small number of partner agencies. 20. All LSCB Chairs should have access to training and development opportunities, including peer networking. They should also have an LSCB business manager and other discrete support as is necessary for them, and the LSCB, to perform effectively.

Information sharing 21. Chapter 1 sets out how effective sharing of information between professionals and local agencies is essential for effective service provision. Every LSCB should play a strong role in supporting information sharing between and within organisations and addressing any barriers to information sharing. This should include ensuring that a culture of information sharing is developed and supported as necessary by multi-agency training. 22. In addition, the LSCB can require a person or body to comply with a request for information. 48 This can only take place where the information is essential to carrying out LSCB statutory functions. Any request for information about individuals must be 'necessary' and 'proportionate' to the reasons for the request. LSCBs should be mindful of the burden of requests and should explain why the information is needed.

48

Section 14B of the Children Act 2004.

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Chapter 4: Learning and improvement framework 1. Professionals and organisations protecting children need to reflect on the quality of their services and learn from their own practice and that of others. Good practice should be shared so that there is a growing understanding of what works well. Conversely, when things go wrong there needs to be a rigorous, objective analysis of what happened and why, so that important lessons can be learnt and services improved to reduce the risk of future harm to children. 2. These processes should be transparent, with findings of reviews shared publicly. The findings are not only important for the professionals involved locally in cases. Everyone across the country has an interest in understanding both what works well and also why things can go wrong. 3. Local Safeguarding Children Boards (LSCBs) should maintain a local learning and improvement framework which is shared across local organisations who work with children and families. This framework should enable organisations to be clear about their responsibilities, to learn from experience and improve services as a result. 4. that:

Each local framework should support the work of the LSCB and their partners so

•

reviews are conducted regularly, not only on cases which meet statutory criteria, but also on other cases which can provide useful insights into the way organisations are working together to safeguard and protect the welfare of children and that this learning is actively shared with relevant agencies;

•

reviews look at what happened in a case, and why, and what action will be taken to learn from the review findings;

•

action results in lasting improvements to services which safeguard and promote the welfare of children and help protect them from harm; and

•

there is transparency about the issues arising from individual cases and the actions which organisations are taking in response to them, including sharing the final reports of Serious Case Reviews (SCRs) with the public.

5. The local framework should cover the full range of reviews and audits which are aimed at driving improvements to safeguard and promote the welfare of children. Some of these reviews (i.e. SCRs and child death reviews) are required under legislation. It is important that LSCBs understand the criteria for determining whether a statutory review is required and always conduct those reviews when necessary. 6. LSCBs should also conduct reviews of cases which do not meet the criteria for an SCR, but which can provide valuable lessons about how organisations are working together to safeguard and promote the welfare of children. Although not required by 72

statute these reviews are important for highlighting good practice as well as identifying improvements which need to be made to local services. Such reviews may be conducted either by a single organisation or by a number of organisations working together. LSCBs should follow the principles in this guidance when conducting these reviews. 7. Reviews are not ends in themselves. The purpose of these reviews is to identify improvements which are needed and to consolidate good practice. LSCBs and their partner organisations should translate the findings from reviews into programmes of action which lead to sustainable improvements and the prevention of death, serious injury or harm to children. 8.

The different types of review include: •

Serious Case Review (see page 75) for every case where abuse or neglect is known or suspected and either: •

a child dies; or

•

a child is seriously harmed and there are concerns about how organisations or professionals worked together to safeguard the child;

•

child death review (see chapter 5): a review of all child deaths;

•

review of a child protection incident which falls below the threshold for an SCR; and

•

review or audit of practice in one or more agencies.

9. Where the LSCB has a secure establishment within their area this improvement activity should include an annual review of the use of restraint within that establishment and a report of findings to the Youth Justice Board.

Principles for learning and improvement 10. The following principles should be applied by LSCBs and their partner organisations to all reviews: •

there should be a culture of continuous learning and improvement across the organisations that work together to safeguard and promote the welfare of children, identifying opportunities to draw on what works and promote good practice;

•

the approach taken to reviews should be proportionate according to the scale and level of complexity of the issues being examined;

•

reviews of serious cases should be led by individuals who are independent of the case under review and of the organisations whose actions are being reviewed;

•

professionals must be involved fully in reviews and invited to contribute their perspectives without fear of being blamed for actions they took in good faith; 73

•

families, including surviving children, should be invited to contribute to reviews. They should understand how they are going to be involved and their expectations should be managed appropriately and sensitively. This is important for ensuring that the child is at the centre of the process; 49

•

final reports of SCRs must be published, including the LSCB’s response to the review findings, in order to achieve transparency. The impact of SCRs and other reviews on improving services to children and families and on reducing the incidence of deaths or serious harm to children must also be described in LSCB annual reports and will inform inspections; and

•

improvement must be sustained through regular monitoring and follow up so that the findings from these reviews make a real impact on improving outcomes for children.

11.

SCRs and other case reviews should be conducted in a way which: •

recognises the complex circumstances in which professionals work together to safeguard children;

•

seeks to understand precisely who did what and the underlying reasons that led individuals and organisations to act as they did;

•

seeks to understand practice from the viewpoint of the individuals and organisations involved at the time rather than using hindsight;

•

is transparent about the way data is collected and analysed; and

•

makes use of relevant research and case evidence to inform the findings.

12. LSCBs may use any learning model which is consistent with the principles in this guidance, including the systems methodology recommended by Professor Munro. 50

Notifiable Incidents 13. A notifiable incident is an incident involving the care of a child which meets any of the following criteria: •

a child has died (including cases of suspected suicide), and abuse or neglect is known or suspected;

•

a child has been seriously harmed and abuse or neglect is known or suspected; 51

49

British Association for the Study and Prevention of Child Abuse and Neglect in Family involvement in case reviews, BASPCAN, for further information on involving families in reviews. 50 The Munro Review of Child Protection: Final Report: A Child Centred System (May 2011). 51 See paragraph 17 below.

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•

a looked after child has died (including cases where abuse or neglect is not known or suspected); or

•

a child in a regulated setting or service has died (including cases where abuse or neglect is not known or suspected). 52

14. The local authority should report any incident that meets the above criteria to Ofsted and the relevant LSCB or LSCBs promptly, and within five working days of becoming aware that the incident has occurred. 53 15. For the avoidance of doubt, if an incident meets the criteria for a Serious Case Review (see below) then it will also meet the criteria for a notifiable incident (above). There will, however, be notifiable incidents that do not proceed through to Serious Case Review. 16. Contact details and notification forms for notifying incidents to Ofsted are available on Ofsted’s website.

Serious Case Reviews Regulation 5 of the Local Safeguarding Children Boards Regulations 2006 sets out the functions of LSCBs. This includes the requirement for LSCBs to undertake reviews of serious cases in specified circumstances. Regulation 5(1)(e) and (2) set out an LSCB’s function in relation to serious case reviews, namely: 5(1)(e) undertaking reviews of serious cases and advising the authority and their Board partners on lessons to be learned. (2) For the purposes of paragraph (1) (e) a serious case is one where: (a) abuse or neglect of a child is known or suspected; and (b) either — (i) the child has died; or (ii) the child has been seriously harmed and there is cause for concern as to the way in which the authority, their Board partners or other relevant persons have worked together to safeguard the child.

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Regulated settings and services: Childcare on domestic premises; Childcare on non-domestic premises; Home childcarer; Childminder; Children’s Homes (including secure children’s homes); Adoption Support Agencies; Voluntary Adoption Agencies; Independent Fostering agencies; Residential Family Centres and Holiday Schemes for Disabled Children. 53 For example, in the case of out of area placements where the placing authority is different from where the child’s care home is based.

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17. “Seriously harmed” in the context of paragraph 18 below and regulation 5(2)(b)(ii) above includes, but is not limited to, cases where the child has sustained, as a result of abuse or neglect, any or all of the following: •

a potentially life-threatening injury;

•

serious and/or likely long-term impairment of physical or mental health or physical, intellectual, emotional, social or behavioural development.

This definition is not exhaustive. In addition, even if a child recovers, this does not mean that serious harm cannot have occurred. LSCBs should ensure that their considerations on whether serious harm has occurred are informed by available research evidence. 18. Cases which meet one of the criteria (i.e. regulation 5(2)(a) and (b)(i) or 5(2)(a) and (b)(ii)) must always trigger an SCR. Regulation 5(2)(b)(i) includes cases where a child died by suspected suicide. Where a case is being considered under regulation 5(2)(b)(ii), unless there is definitive evidence that there are no concerns about interagency working, the LSCB must commission an SCR. 19. In addition, even if one of the criteria is not met, an SCR should always be carried out when a child dies in custody, in police custody, on remand or following sentencing, in a Young Offender Institution, in a secure training centre or a secure children’s home. The same applies where a child dies who was detained under the Mental Health Act 1983 or where a child aged 16 or 17 was the subject of a deprivation of liberty order under the Mental Capacity Act 2005. 20. The final decision on whether to conduct an SCR rests with the LSCB Chair. LSCBs should consider conducting reviews on cases which do not meet the SCR criteria. If an SCR is not required because the criteria in regulation 5(2) are not met, the LSCB may still decide to commission an SCR or they may choose to commission an alternative form of case review. The LSCB Chair should be confident that such a review will thoroughly, independently and openly investigate the issues. The LSCB will also want to review instances of good practice and consider how these can be shared and embedded. The LSCB should oversee implementation of actions resulting from these reviews and reflect on progress in its annual report.

National panel of independent experts on Serious Case Reviews 21. Since 2013 there has been a national panel of independent experts to advise LSCBs about the initiation and publication of SCRs. The role of the panel is to support LSCBs in ensuring that appropriate action is taken to learn from serious incidents in all cases where the statutory SCR criteria are met and to ensure that those lessons are shared through publication of final SCR reports. The panel also reports to the Government their views of how the SCR system is working. 76

22.

The panel’s remit includes advising LSCBs about: •

application of the SCR criteria;

•

appointment of reviewers; and

•

publication of SCR reports.

23. LSCBs should have regard to the panel’s advice when deciding whether or not to initiate an SCR, when appointing reviewers and when considering publication of SCR reports. LSCB Chairs and LSCB members should comply with requests from the panel as far as possible, including requests for information such as copies of SCR reports and invitations to attend meetings. 54 24. The text which follows provides a checklist for LSCBs on how to manage the SCR process.

54

In doing so LSCBs will be exercising their powers under Regulation 5(3) of the Local Safeguarding Children Board Regulations 2006 which states that ‘an LSCB may also engage in any other activity that facilitates, or is conducive to, the achievement of its objective’.

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Serious Case Review checklist Decisions whether to initiate an SCR The LSCB for the area in which the child is normally resident should decide whether an incident notified to them meets the criteria for an SCR. This decision should normally be made within one month of notification of the incident. The final decision rests with the Chair of the LSCB. The Chair may seek peer challenge from another LSCB Chair when considering this decision and also at other stages in the SCR process. The LSCB should let Ofsted, DfE and the national panel of independent experts know their decision within five working days of the Chair’s decision. If the LSCB decides not to initiate an SCR, their decision will be subject to scrutiny by the national panel. The LSCB should provide sufficient information to the panel on request to inform its deliberations and the LSCB Chair or the Chair’s representative should be prepared to attend in person to give evidence to the panel. In cases where an LSCB is challenged by the national panel to change its original decision, the LSCB should inform Ofsted, DfE and the national panel of the final outcome. Appointing reviewers The LSCB must appoint one or more suitable individuals to lead the SCR who have demonstrated that they are qualified to conduct reviews using the approach set out in this guidance. The lead reviewer should be independent of the LSCB and the organisations involved in the case. The LSCB should provide the national panel of independent experts with the name(s) of the individual(s) they appoint to conduct the SCR. The LSCB should consider carefully any advice from the independent expert panel about appointment of reviewers. Engagement of organisations The LSCB should ensure that there is appropriate representation in the review process of professionals and organisations who were involved with the child and family. The priority should be to engage organisations in a way which will ensure that important factors in the case can be identified and appropriate action taken to make improvements. The LSCB may decide as part of the SCR to ask each relevant organisation to provide information in writing about its involvement with the child who is the subject of the review.

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Timescale for SCR completion The LSCB should aim for completion of an SCR within six months of initiating it. If this is not possible (for example, because of potential prejudice to related court proceedings), every effort should be made while the SCR is in progress to: (i) capture points from the case about improvements needed; and (ii) take corrective action to implement improvements and disseminate learning. Agreeing improvement action The LSCB should oversee the process of agreeing with partners what action they need to take in light of the SCR findings, establish timescales for action to be taken, agree success criteria and assess the impact of the actions. Publication of reports All reviews of cases meeting the SCR criteria should result in a report which is published and readily accessible on the LSCB’s website for a minimum of 12 months. Thereafter the report should be made available on request. This is important to support national sharing of lessons learnt and good practice in writing and publishing SCRs. From the very start of the SCR the fact that the report will be published should be taken into consideration. SCR reports should be written in such a way that publication will not be likely to harm the welfare of any children or vulnerable adults involved in the case. Final SCR reports should: •

provide a sound analysis of what happened in the case, and why, and what needs to happen in order to reduce the risk of recurrence;

•

be written in plain English and in a way that can be easily understood by professionals and the public alike; and

•

be suitable for publication without needing to be amended or redacted.

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LSCBs should publish, either as part of the SCR report or in a separate document, information about: actions which have already been taken in response to the review findings; the impact these actions have had on improving services; and what more will be done. When compiling and preparing to publish reports, LSCBs should consider carefully how best to manage the impact of publication on children, family members and others affected by the case. LSCBs must comply with the Data Protection Act 1998 in relation to SCRs, including when compiling or publishing the report, and must comply also with any other restrictions on publication of information, such as court orders. The timing of publication should have due regard to the impact on any ongoing legal proceedings, including any inquest. LSCBs should send copies of all SCR reports, including any action taken as a result of the findings of the SCR, to Ofsted, DfE and the national panel of independent experts at least seven working days before publication. If an LSCB considers that an SCR report should not be published, it should inform DfE and the national panel. The national panel will provide advice to the LSCB. The LSCB should provide all relevant information to the panel on request, to inform its deliberations. In cases where an LSCB is challenged by the panel to change its original decision about publication, the LSCB should inform Ofsted, DfE and the national panel of their final decision.

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Chapter 5: Child death reviews The Regulations relating to child death reviews The Local Safeguarding Children Board (LSCB) functions in relation to child deaths are set out in Regulation 6 of the Local Safeguarding Children Boards Regulations 2006, made under section 14(2) of the Children Act 2004. The LSCB is responsible for: a) collecting and analysing information about each death with a view to identifying (i) any case giving rise to the need for a review mentioned in regulation 5(1)(e); (ii) any matters of concern affecting the safety and welfare of children in the area of the authority; (iii) any wider public health or safety concerns arising from a particular death or from a pattern of deaths in that area; and (b) putting in place procedures for ensuring that there is a coordinated response by the authority, their Board partners and other relevant persons to an unexpected death. 1. Each death of a child is a tragedy and enquiries should keep an appropriate balance between forensic and medical requirements and supporting the family at a difficult time. Professionals supporting parents and family members should assure them that the objective of the child death review process is not to allocate blame, but to learn lessons. The purpose of the child death review is to help prevent further such child deaths, and families may find it helpful to read the child death review leaflet. 55 2. The responsibility for determining the cause of death rests with the coroner or the doctor who signs the medical certificate of the cause of death (and therefore is not the responsibility of the Child Death Overview Panel (CDOP)).

Responsibilities of Local Safeguarding Children Boards (LSCBs) 3. The LSCB is responsible for ensuring that a review of each death of a child normally resident in the LSCB’s area is undertaken by a CDOP. The CDOP will have a fixed core membership drawn from organisations represented on the LSCB with flexibility to co-opt other relevant professionals to discuss certain types of death as and when

55

Foundation for the Study of Infant Deaths leaflet: The child death review - a guide for parents and carers.

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appropriate. The CDOP should include a professional from public health as well as child health. It should be chaired by the LSCB Chair’s representative. That individual should not be involved directly in providing services to children and families in the area. One or more LSCBs can choose to share a CDOP. CDOPs responsible for reviewing deaths from larger populations are better able to identify significant recurrent contributory factors. 4. Other LSCBs or local organisations which have had involvement in the case should cooperate in jointly planning and undertaking the child death review. In the case of a looked after child, the LSCB for the area of the local authority looking after the child should take lead responsibility for conducting the child death review, involving other LSCBs with an interest or whose lead agencies have had involvement. 5. The LSCB Chair should decide who will be the designated person to whom the death notification and other data on each death should be sent. 56 LSCBs should use sources available, such as professional contacts or the media, to find out about cases when a child who is normally resident in their area dies abroad. The LSCB should inform the CDOP of such cases so that the deaths of these children can be reviewed. 6. All forms and templates to be used for reporting child deaths can be found here: child death review forms. 7. A summary of the child death processes to be followed when reviewing all child deaths is set out in flow chart 7 below. The processes for undertaking a rapid response when a child dies unexpectedly are set out in flow chart 8 on page 91.

56

List of people designated by the CDOP to receive notifications of child death information.

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Flow chart 7: Process to be followed for all child deaths

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Responsibilities of Child Death Overview Panels 8.

The functions of the CDOP include: •

reviewing all child deaths, excluding those babies who are stillborn and planned terminations of pregnancy carried out within the law;

•

collecting and collating information on each child and seeking relevant information from professionals and, where appropriate, family members;

•

discussing each child’s case, and providing relevant information or any specific actions related to individual families to those professionals who are involved directly with the family so that they, in turn, can convey this information in a sensitive manner to the family;

•

determining whether the death was deemed preventable, that is, those deaths in which modifiable factors may have contributed to the death and decide what, if any, actions could be taken to prevent future such deaths;

•

making recommendations to the LSCB or other relevant bodies promptly so that action can be taken to prevent future such deaths where possible;

•

identifying patterns or trends in local data and reporting these to the LSCB;

•

where a suspicion arises that neglect or abuse may have been a factor in the child’s death, referring a case back to the LSCB Chair for consideration of whether an SCR is required;

•

agreeing local procedures for responding to unexpected deaths of children; and

•

cooperating with regional and national initiatives – for example, with the National Clinical Outcome Review Programme – to identify lessons on the prevention of child deaths.

9. In reviewing the death of each child, the CDOP should consider modifiable factors, for example, in the family environment, parenting capacity or service provision, and consider what action could be taken locally and what action could be taken at a regional or national level. 10. The aggregated findings from all child deaths should inform local strategic planning, including the local Joint Strategic Needs Assessment, on how to best safeguard and promote the welfare of children in the area. Each CDOP should prepare an annual report of relevant information for the LSCB. This information should in turn inform the LSCB annual report.

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Definition of preventable child deaths 11. For the purpose of producing aggregate national data, this guidance defines preventable child deaths as those in which modifiable factors may have contributed to the death. These are factors defined as those, where, if actions could be taken through national or local interventions, the risk of future child deaths could be reduced.

Action by professionals when a child dies unexpectedly Definition of an unexpected death of a child 12. In this guidance an unexpected death is defined as the death of an infant or child which was not anticipated as a significant possibility for example, 24 hours before the death; or where there was an unexpected collapse or incident leading to or precipitating the events which lead to the death. 13. The designated paediatrician responsible for unexpected deaths in childhood should be consulted where professionals are uncertain about whether the death is unexpected. If in doubt, the processes for unexpected child deaths should be followed until the available evidence enables a different decision to be made. 14. As set out the Local Safeguarding Children Boards Regulations 2006, LSCBs are responsible for putting in place procedures for ensuring that there is a coordinated response by the authority, their Board partners and other relevant persons to an unexpected death. 15. When a child dies suddenly and unexpectedly, the consultant clinician (in a hospital setting) or the professional confirming the fact of death (if the child is not taken immediately to an Accident and Emergency Department) should inform the local designated paediatrician with responsibility for unexpected child deaths at the same time as informing the coroner and the police. The police will begin an investigation into the sudden or unexpected death on behalf of the coroner. The paediatrician should initiate an immediate information sharing and planning discussion between the lead agencies (i.e. health, police and local authority children’s social care) to decide what should happen next and who will do it. The joint responsibilities of the professionals involved with the child include: •

responding quickly to the child’s death in accordance with the locally agreed procedures;

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•

maintaining a rapid response protocol with all agencies, consistent with the Kennedy principles and current investigative practice from the Association of Chief Police Officers; 57

•

making immediate enquiries into and evaluating the reasons for and circumstances of the death, in agreement with the coroner;

•

liaising with the coroner and the pathologist;

•

undertaking the types of enquiries/investigations that relate to the current responsibilities of their respective organisations;

•

collecting information about the death; 58

•

providing support to the bereaved family, involving them in meetings as appropriate, referring to specialist bereavement services where necessary and keeping them up to date with information about the child’s death; and

•

gaining consent early from the family for the examination of their medical notes.

16. If the child dies suddenly or unexpectedly at home or in the community, the child should normally be taken to an Emergency Department rather than a mortuary. In some cases when a child dies at home or in the community, the police may decide that it is not appropriate to move the child’s body immediately, for example, because forensic examinations are needed. 17. As soon as possible after arrival at a hospital, the child should be examined by a consultant paediatrician and a detailed history should be taken from the parents or carers. The purpose of obtaining this information is to understand the cause of death and identify anything suspicious about it. In all cases when a child dies in hospital, or is taken to hospital after dying, the hospital should allocate a member of staff to remain with the parents and support them through the process. 18. If the child has died at home or in the community, the lead police investigator and a senior health care professional should decide whether there should be a visit to the place where the child died, how soon (ideally within 24 hours) and who should attend. This should almost always take place for cases of sudden infant death. 59 After this visit the lead police investigator, senior health care professional, GP, health visitor or school

57

PJ. Fleming, P.S. Blair, C. Bacon, and P.J. Berry (2000) Sudden Unexpected Death In Infancy. The CESDI SUDI Studies 1993-1996. The Stationery Office. London. ISBN 0 11 3222 9988; Royal College of Pathologists and the Royal College of Paediatrics and Child Health (2004) Sudden unexpected death in infancy. A multi-agency protocol for care and investigation. The Report of a working group convened by the Royal College of Pathologists and the Royal College of Paediatrics and Child Health. Royal College of Pathologists and the Royal College of Paediatrics and Child Health, London. www.rcpath.org 58 See footnote 47. 59 See footnote 48.

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nurse and local authority children’s social care representative should consider whether there is any information to raise concerns that neglect or abuse contributed to the child’s death. 19. Where a child dies unexpectedly, all registered providers of healthcare services must notify the Care Quality Commission of the death of a service user – but NHS providers may discharge this duty by notifying NHS England. 60 Where a young person dies at work, the Health and Safety Executive should be informed. Youth Offending Teams’ reviews of safeguarding and public protection incidents (including the deaths of children under their supervision) should also feed into the CDOP child death processes. 20. If there is a criminal investigation, the team of professionals must consult the lead police investigator and the Crown Prosecution Service to ensure that their enquiries do not prejudice any criminal proceedings. If the child dies in custody, there will be an investigation by the Prisons and Probation Ombudsman (or by the Independent Police Complaints Commission in the case of police custody). Organisations who worked with the child will be required to cooperate with that investigation. 21. In addition, for any child who dies in a secure children’s home, the Prisons and Probation Ombudsman will carry out an investigation. In order to assist the Ombudsman to carry out these investigations, secure children’s homes are required to notify the Ombudsman of the death and to comply with requirements at regulation 40(2) of the Children’s Homes (England) Regulations 2015 to facilitate that investigation. 61 Specific responsibilities of relevant professionals when responding rapidly to the unexpected death of a child Designated paediatrician Ensure that relevant professionals (i.e. coroner, police for unexpected deaths in and local authority social care) are informed of the death; childhood coordinate the team of professionals (involved before and/or after the death) which is convened when a child dies unexpectedly (accessing professionals from specialist agencies as necessary to support the core team). Convene multi-agency discussions after the initial and final initial post-mortem examination results are available.

60 61

Regulation 16 of the Care Quality Commission (Registration) Regulations 2009. The Children’s Homes (England) Regulations are due to come into force on 1 April 2015.

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Involvement of the coroner and pathologist 22. If a doctor is not able to issue a medical certificate of the cause of death, the lead professional or investigator must report the child’s death to the coroner in accordance with a protocol agreed with the local coronial service. The coroner must investigate violent or unnatural death, or death of no known cause, and all deaths where a person is in custody or other state detention at the time of death. The coroner will then have jurisdiction over the child’s body until he or she releases the body for the funeral. Unless the death is natural, a public inquest will be held (and a public inquest will always be held where the death takes place in custody or other state detention). 62 23. The coroner will order a post mortem examination to be carried out as soon as possible by the most appropriate pathologist available (this may be a paediatric pathologist, forensic pathologist or both) who will perform the examination according to the guidelines and protocols laid down by the Royal College of Pathologists. The designated paediatrician will collate and share information about the circumstances of the child’s death with the pathologist in order to inform this process. 24. If the death is unnatural or the cause of death cannot be confirmed, the coroner will hold an inquest (and an inquest will always be held where the death takes place in custody or other state detention). Professionals and organisations who are involved in the child death review process must cooperate with the coroner and provide him/her with a joint report about the circumstances of the child’s death. Where possible, this should not be led by the clinician who was responsible for the care of the child when they died. This report should include a review of all medical, local authority social care and educational records on the child. The report should be delivered to the coroner within 28 days of the death unless crucial information is not yet available.

Disclosure of information 25. Professionals should provide the coroner with all the evidence the coroner requires to carry out his or her statutory duty to establish who died, where, when and how. Coroners have a power (under section 32 and Schedule 5 of the Coroners and Justice Act 2009) to require someone to provide evidence to the coroner, or give evidence at an inquest.

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Guidance for coroners and Local Safeguarding Children Boards on the supply of information concerning the death of children.

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Action after the post-mortem examination 26. Although the results of the post-mortem examination belong to the coroner, it should be possible for the investigating paediatrician, pathologist, and the lead police investigator to discuss the findings as soon as possible, and the coroner should be informed immediately of the initial results. If these results suggest evidence of abuse or neglect as a possible cause of death, the paediatrician should inform the police and local authority children’s social care immediately. He or she should also inform the LSCB Chair so that they can consider whether the criteria are met for initiating an SCR. 27. Shortly after the initial post-mortem examination results become available, the designated paediatrician for unexpected child deaths should convene a multi-agency case discussion, including all those who knew the family and were involved in investigating the child’s death. The professionals should review any further available information, including any that may raise concerns about safeguarding issues. A further multi-agency case discussion should be convened by the designated paediatrician, or a paediatrician acting as their deputy, as soon as the final post-mortem examination result is available. This is in order to share information about the cause of death or factors that may have contributed to the death and to plan future care of the family. The designated paediatrician should arrange for a record of the discussion to be sent to the coroner, to inform the inquest of the cause of death, and to the relevant CDOP, to inform the child death review. At the case discussion, it should be agreed how detailed information about the cause of the child’s death will be shared, and by whom, with the parents, and who will offer the parents on-going support. 28. A flow chart outlining the process for response to the unexpected death of a child, flow chart 8, is on page 91. Specific responsibilities of relevant bodies in relation to child deaths Registrars of Births and Deaths (Children & Young Persons Act 2008)

Requirement to supply the LSCB with information which they have about the death of persons under 18 they have registered or re-registered. Notify LSCBs if they issue a Certificate of No Liability to Register where it appears that the deceased was or may have been under the age of 18 at the time of death. Requirement to send the information to the appropriate LSCB (the one which covers the sub-district in which the register is kept) no later than seven days from the date of registration.

Coroners and

Duty to investigate and may require evidence and an inquest.

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Justice Act 2009 Coroners (Investigations) Regulations 2013

Coroner’s duty to notify the LSCB for the area in which the child died or where the child’s body was found within three working days of deciding to investigate a death or commission a postmortem. Coroner’s duty to share information with relevant LSCBs.

Registrar General (section 32 of the Children and Young Persons Act 2008)

Power to share child death information with the Secretary of State, including about children who die abroad.

Clinical Commissioning Groups (Health and Social Care Act 2012)

Employ, or have arrangements in place to secure the expertise of, consultant paediatricians whose designated responsibilities are to provide advice on commissioning paediatric services from: •

paediatricians with expertise in undertaking enquiries into unexpected deaths in childhood;

•

medical investigative services; and

•

the organisation of such services.

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Flow chart 8: Process for rapid response to the unexpected death of a child

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Appendix A: Glossary Children

Anyone who has not yet reached their 18th birthday. The fact that a child has reached 16 years of age, is living independently or is in further education, is a member of the armed forces, is in hospital or in custody in the secure estate, does not change his/her status or entitlements to services or protection.

Safeguarding Defined for the purposes of this guidance as: and • protecting children from maltreatment; promoting the welfare of • preventing impairment of children's health or development; children • ensuring that children are growing up in circumstances consistent with the provision of safe and effective care; and •

taking action to enable all children to have the best life chances.

Child protection

Part of safeguarding and promoting welfare. This refers to the activity that is undertaken to protect specific children who are suffering, or are likely to suffer, significant harm.

Abuse

A form 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 others (e.g. via the internet). They may be abused by an adult or adults, or another child or children.

Physical abuse

A form of abuse which may involve 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 a child 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 a child’s developmental capability, as well as 92

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 cyber bullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone. Sexual abuse

Involves 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). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.

Neglect

The persistent failure 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. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: •

provide adequate food, clothing and shelter (including exclusion from home or abandonment);

•

protect a child from physical and emotional harm or danger;

•

ensure adequate supervision (including the use of inadequate care-givers); or

•

ensure access to appropriate medical care or treatment.

It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs. Young carer

A young carer is a person under 18 who provides or intends to provide care for another person (of any age, except generally where that care is provided for payment, pursuant to a contract or as voluntary work).

93

Parent carer

A person aged 18 or over who provides or intends to provide care for a disabled child for whom the person has parental responsibility.

Education, Health and Care Plan

A single plan, which covers the education, health and social care needs of a child or young person with special educational needs and/or a disability (SEND). See the Special Educational Needs and Disability Code of Practice 0-25 (2014).

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Appendix B: Statutory framework The legislation relevant to safeguarding and promoting the welfare of children is set out below.

Children Act 2004 Section 10 requires each local authority to make arrangements to promote cooperation between the authority, each of the authority’s relevant partners (see Table A) and such other persons or bodies who exercise functions or are engaged in activities in relation to children in the local authority’s area as the authority considers appropriate. The arrangements are to be made with a view to improving the well-being of children in the authority’s area – which includes protection from harm and neglect alongside other outcomes. Section 11 places duties on a range of organisations and individuals (see Table A) to make arrangements for ensuring that their functions, and any services that they contract out to others, are discharged with regard to the need to safeguard and promote the welfare of children. Section 13 requires each local authority to establish a Local Safeguarding Children Board (LSCB) for their area and specifies the organisations and individuals (other than the local authority) that must be represented on the Board, including those which the Secretary of State prescribes in regulations. Section 14 sets out the objectives of LSCBs, which are: (a) to coordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children in the area of the local authority, and (b) to ensure the effectiveness of what is done by each such person or body for the purposes of safeguarding and promoting the welfare of children. The Local Safeguarding Children Board Regulations 2006 made under sections 13 and 14 set out the functions of LSCBs, which include undertaking reviews of the deaths of all children in their areas and undertaking Serious Case Reviews in certain circumstances. Under section 55 of the Borders, Citizenship and Immigration Act 2009, the Secretary of State (in practice, the UK Visas and Immigration, Immigration Enforcement and the Border Force) has a duty to make arrangements to ensure that functions relating to immigration, asylum, nationality and customs, and any services that are contracted out to others in relation to such functions, are discharged or provided with regard to the need to

95

safeguard and promote the welfare of children who are in the United Kingdom. Section 55 is intended to have the same effect as section 11 of the Children Act 2004.

Education Acts Section 175 of the Education Act 2002 places a duty on: a) local authorities in relation to their education functions; and b) the governing bodies of maintained schools and the governing bodies of further education institutions (which include sixth-form colleges) in relation to their functions relating to the conduct of the school or the institution. to make arrangements for ensuring that such functions are exercised with a view to safeguarding and promoting the welfare of children (in the case of the school or institution, being those children who are either pupils at the school or who are students under 18 years of age attending the further education institution). A similar duty applies to proprietors of independent schools (which include academies/free schools) by virtue of regulations made under sections 94(1) and (2) of the Education and Skills Act 2008. Regulations made under Section 342 of the Education Act 1996, set out the requirements for a non-maintained special school to be approved and continue to be approved by the Secretary of State. It is a condition of approval and continuing approval that arrangements must be in place for safeguarding and promoting the health, safety and welfare of pupils and when making such arrangements, the proprietor of the school must have regard to any relevant guidance published by the Secretary of State.

Children Act 1989 The Children Act 1989 places a duty on local authorities to promote and safeguard the welfare of children in need in their area.

Provision of services for children in need, their families and others Section 17(1) states that it shall be the general duty of every local authority: (a) to safeguard and promote the welfare of children within their area who are in need; and (b) so far as is consistent with that duty, to promote the upbringing of such children by their families. by providing a range and level of services appropriate to those children’s needs. 96

Section 17(5) enables the local authority to make arrangements with others to provide services on their behalf and states that every local authority: (a) shall facilitate the provision by others (including in particular voluntary organisations) of services which it is a function of the authority to provide by virtue of this section, or section 18, 20, 22A to 22C, 23B to 23D, 24A or 24B; and (b) may make such arrangements as they see fit for any person to act on their behalf in the provision of any such service. Section 17(10) states that a child shall be taken to be in need if: (a) the child is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision of services by a local authority under Part III of the Children Act 1989; (b) the child’s health or development is likely to be significantly impaired, or further impaired, without the provision of such services; or (c) the child is disabled. Under section 17, local authorities have responsibility for determining what services should be provided to a child in need. This does not necessarily require local authorities themselves to be the provider of such services. Provisions relating to young carers and parent carers have been inserted into Part 3 of the Children Act 1989 by sections 96 and 97 of the Children and Families Act 2014. These provisions are expected to come into force on 1 April 2015. Section 17ZA states that a local authority in England must assess whether a young carer within their area has needs for support and, if so, what those needs are. This is either where: (a) it appears to the authority that the young carer may have needs for support; or (b) the authority receives a request from the young carer or a parent of the young carer to assess the young carer’s needs for support. Section 17ZC requires a local authority that carries out a young carer’s needs assessment to consider the assessment and decide – (a) whether the young carer has needs for support in relation to the care which he or she provides or intends to provide; (b) if so, whether those needs could be satisfied (wholly or partly) by services which the authority may provide under section 17; and

97

(c) if they could be so satisfied, whether or not to provide any such services in relation to the young carer. Section 17ZD states that a local authority in England must assess whether a parent carer of a disabled child who lives within their area has needs for support and, if so, what those needs are, if: (a) it appears to the authority that the parent carer may have needs for support; or (b) the authority receive a request from the parent carer to assess the parent carer’s needs for support; and (c) the local authority is satisfied that the disabled child cared for and the disabled child’s family are persons for whom they may provide or arrange for the provision of services under section 17 of the Act. The local authority need not carry out a young carer’s assessment (under section 17ZA) or a parent carer’s assessment (under section 17ZD) if the local authority has previously carried out a care-related assessment of the young carer/parent carer in relation to the same person cared for, unless it appears to the authority that the needs or circumstances of the young carer/parent carer or the person they care for have changed since the last care-related assessment. Section 17ZF requires the local authority that carries out a parent carer’s needs assessment to consider the assessment and decide: (a) whether the parent carer has needs for support in relation to the care they provide; (b) whether the disabled child cared for has needs for support; (c) whether any needs identified could be satisfied (wholly or partly) by services which the authority may provide under section 17 of the Act; and (d) whether or not to provide any such services in relation to the parent carer or the disabled child cared for.

Cooperation between authorities Section 27 imposes a duty on other local authorities, local authority housing services and health bodies (see Table A) to cooperate with a local authority in the exercise of that authority’s duties under Part 3 of the Act which relate to local authority support for children and families. Where it appears to a local authority that any authority or body mentioned in section 27(3) could, by taking any specified action, help in the exercise of any of their functions under Part 3 of the Act, they may request the help of that other authority or body, specifying the action in question. An authority or body whose help is so requested must comply with the request if it is compatible with their own statutory or other duties and obligations and does not unduly prejudice the discharge of any of their 98

functions. The authorities are: (a) any local authority; (b) any local housing authority; (c) NHS England; (d) any clinical commissioning group, Special Health Authority National Health Service Trust or NHS Foundation Trust; and (e) any person authorised by the Secretary of State for the purpose of section 27. Section 47(1) states that: Where a local authority: (a) are informed that a child who lives, or is found, in their area (i) is the subject of an emergency protection order, or (ii) is in police protection; or (b) have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm: the authority must make, or cause to be made, such enquires as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the child’s welfare. Section 47(9) places a duty on persons mentioned in section 47(11) (see Table A) where a local authority is conducting enquiries under section 47, to assist them with these enquiries (in particular by providing relevant information and advice) if called upon by the local authority to do so. Both section 17 and section 47 of the Children Act 1989, to require in each case that in order to help it to determine what services to provide or what action to take, the local authority must, so far as is reasonably practicable and consistent with the child’s welfare: (a) ascertain the child’s wishes and feelings regarding the provision of those services or the action to be taken; and (b) give due consideration (with regard to the child’s age and understanding) to such wishes and feelings of the child as they have been able to ascertain.

Emergency protection powers The court may make an emergency protection order with respect to a child under section 44 of the Children Act 1989 on application by any person, if it is satisfied that there is reasonable cause to believe that a child is likely to suffer significant harm if the child: •

is not removed to different accommodation (provided by or on behalf of the applicant); or 99

•

does not remain in the place in which the child is then being accommodated.

An emergency protection order may also be made by the court on the application of a local authority or an authorised person (i.e. a person authorised to apply to the court for care orders or supervision orders under section 31 of the Act) if the court is satisfied that: •

enquires being made with respect to the child (in the case of a local authority, under section 47 (1) (b) of the Act) are being frustrated by access to the child being unreasonably refused to a person authorised to seek access, and

•

the applicant has reasonable cause to believe that access is needed as a matter of urgency.

In addition, where the applicant is an authorised person the court must be satisfied that the applicant has reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm. An emergency protection order gives authority to remove a child to accommodation provided by or on behalf of the applicant and place the child under the protection of the applicant, amongst other things.

Exclusion requirement The court may include an exclusion requirement in an interim care order or emergency protection order (section 38A and 44A of the Children Act 1989). This allows a perpetrator to be removed from or be prohibited entrance to the home or to be excluded from a defined area in which the home is situated, instead of having to remove the child form the home. The court must be satisfied that: •

there is reasonable cause to believe that if the person is excluded from the home in which the child lives, the child will not be likely to suffer significant harm, or that enquiries will cease to be frustrated; and

•

another person living in the home is able and willing to give the child the care that it would be reasonable to expect a parent to give, and consents to the inclusion of an exclusion requirement in the relevant order.

Police protection powers Under section 46 of the Children Act 1989, where a police officer has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, the officer may: •

remove the child to suitable accommodation and keep him there; or

•

take reasonable steps to ensure that the child’s removal from any hospital or other place in which the child is then being accommodated is prevented.

No child may be kept in police protection for more than 72 hours.

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Legal Aid, Sentencing and Punishment of Offenders Act 2012 Under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPOA), all children remanded in criminal proceedings will be looked after. Children may be remanded to accommodation provided by the local authority or to youth detention accommodation (YDA). The authority responsible for a child who becomes looked after following remand is usually the one where the child normally lives, but where there is a doubt about this the court may initially determine which authority should be designated as being responsible for the child’s care. Where a child is remanded to local authority accommodation, the local authority’s care planning responsibilities will be the same as for any other looked after child (though authorities are not required to produce a “plan for permanence” for this group of children). Where a child, including a child already looked after, is remanded to YDA, the local authority will be required to produce a Detention Placement Plan, describing the arrangements for responding to the child’s needs whilst they are detained. The Care Planning, Placement and Case Review Regulations 2010, as amended, take LASPOA into account.

Police Reform and Social Responsibility Act 2011 Section 1 (8)(h) requires the police and crime commissioner for a police area to hold the relevant chief constable to account for the exercise of the latter’s duties in relation to safeguarding children and promoting their welfare under sections 10 and 11 of the Children Act 2004.

Childcare Act 2006 Section 40 requires early years providers registered on the Early Years Register and schools providing early years childcare to comply with the welfare requirements of the Early Years Foundation Stage.

Crime and Disorder Act 1998 Section 38 requires local authorities, acting in cooperation with certain persons (including every Chief Police Officer or local policing body whose area lies within that of the local authority, clinical commissioning groups and providers of probation services), to such extent as is appropriate for their area, to secure that youth justice services are available in their area, such services to include the provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers. 101

Housing Act 1996 Section 213A requires housing authorities to refer to adult social care services persons with whom children normally reside or might reasonably be expected to reside, who they have reason to believe may be ineligible for assistance, or who may be homeless and may have become so intentionally or who may be threatened with homelessness intentionally, as long as the person consents. If homelessness persists, any child in the family could be in need. In such cases, if social services decide the child’s needs would be best met by helping the family to obtain accommodation, they can ask the housing authority for reasonable advice and assistance in this, and the housing authority must give reasonable advice and assistance.

Table A: Bodies and individuals covered by key duties

Body

CA 2004 Section 10 duty to cooperate

CA 2004 Section 11 duty to safeguard & promote welfare

Education Legislation duty to safeguard & promote welfare

CA 2004 Section 13 statutory partners in LSCBs

CA 1989 Section 27 help with children in need

CA 1989 Section 47 help with enquiries about significant harm

X

Local authorities and District councils

X

X

Local policing body

X

X

Chief officer of police

X

X

In relation to their education functions under section 175 of the Education Act 2002

X X

X

102

(including local housing authority)

X (including local housing authority)

X SoS re probation services’ functions under s2 and 3 of the Offender Management Act (OMA) 2007

X

Providers of probation services required under s3(2) OMA 2007 to act as relevant partner of a local authority

X

(including Community Rehabilitation Companies (by virtue of contractual arrangements entered into with the SoS)

X

British Transport Police

X

National Crime Agency

X

Section 55 of the Borders, Citizenship and Immigration Act 2009 applies same duty as section 11

UK Visas and Immigration, Immigration Enforcement and the Border Force

Governor or director of prison (which ordinarily detains children) or secure training centre (and principal of secure college) Youth offending services

X

X

X

X

X

X

103

NHS England

X

X

X

X

X

Clinical commissioning groups

X

X

X

X

X

X

X

X

X

Special Health Authorities

NHS Trusts and NHS Foundation Trusts

X

X

Cafcass

Persons providing services pursuant to section 68 of the Education and Skills Act 2008

X

X

Persons providing services pursuant to section 74 of the Education and Skills Act 2008

X

X

X

X Maintained schools

(includes nonmaintained special schools)

under section 175 of the Education Act 2002 (maintained schools) & via regulations made under section 342 of the Education Act 1996 (nonmaintained special schools)

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X FE colleges

under section 175 of the Education Act 2002

X

X Via regulations made under sections 94(1) and (2) of the Education and Skills Act 2008

Independent schools

X

Academies and free schools

Contracted services including those provided by voluntary organisations

Via regulations made under sections 94(1) and (2) of the Education and Skills Act 2008

X

X

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Appendix C: Further sources of information Supplementary guidance on particular safeguarding issues Department for Education guidance Safeguarding children who may have been trafficked Safeguarding children and young people who may have been affected by gang activity Safeguarding children from female genital mutilation Forced marriage Safeguarding children from abuse linked to faith or belief Radicalisation - Prevent strategy Radicalisation - Channel guidance Use of reasonable force in schools Safeguarding children and young people from sexual exploitation Safeguarding Children in whom illness is fabricated or induced Preventing and tackling bullying Safeguarding children and safer recruitment in education Information sharing: advice for practictioners Keeping children safe in education Safeguarding Disabled Children: Practice guidance Department of Health / Department for Education: National Service Framework for Children, Young People and Maternity Services What to do if you're worried a child is being abused: advice for practitioners

Guidance issued by other government departments and agencies Foreign and Commonwealth Office / Home Office: Forced marriage Ministry of Justice: Guidance on forced marriage 106

Home Office: What is domestic violence? Department of Health: Responding to domestic abuse: A handbook for health professionals Public Health England: Supporting information for developing local joint protocols between drug and alcohol partnerships and children and family services Home Office: Guidance on teenage relationship abuse Home Office: Guidance on offences against children Department of Health: Violence against Women and Children Arrangements to Safeguard and Promote Children’s Welfare (original title “Every Child Matters” statutory guidance to the UK Border Agency under s.55 of the Borders, Citizenship and Immigration Act 2009). Department of Health: Good practice guidance on working with parents with a learning disability Home Office: Circular 16/2005 - Guidance on offences against children Home Office: Disclosure and Barring Services Child protection and the Dental Team – an introduction to safeguarding children in dental practice Ministry of Justice: Multi Agency Public Protection Arrangements guidance Ministry of Justice: HM Prison Service Public Protection Manual Ministry of Justice: Probation service guidance on conducting serious further offence reviews Framework. Home Office: Missing Children and Adults - A Cross Government Strategy Department of Health: Recognised, valued and supported: next steps for the Carers Strategy November 2010 Department of Health: Carers Strategy: Second National Action Plan 2014-2016 Ministry of Justice: Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures Department of Health: Mental Health Act 1983 Code of Practice: Guidance on the visiting of psychiatric patients by children 107

Guidance issued by external organisations BAAF: Private fostering Royal College of Paediatrics and Child Health: Safeguarding children and young people: roles and competences for health care staff - Intercollegiate document, March 2014 General Medical Council: Protecting children and young people - The responsibilities of all doctors Royal College of General Practitioners: Safeguarding Children and Young People: The RCGP/NSPCC Safeguarding Children Toolkit for General Practice Royal College of Nursing: Looked after children - Knowledge, skills and competences of health care staff (Intercollegiate role framework) NICE: Guidance on when to suspect child maltreatment

Supplementary guidance to support assessing the needs of children DfE: Childhood neglect - Improving outcomes for children NICE: Guidance on when to suspect child maltreatment

Supplementary guidance to support the Learning and Improvement Framework NPIA / ACPO: Guidance on Investigating Child Abuse and Safeguarding Children Prison and Probation Ombudsman’s fatal incidents investigation

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© Crown copyright 2015 This publication (not including logos) is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: visit www.nationalarchives.gov.uk/doc/open-government-licence/version/3 email [email protected] write to Information Policy Team, The National Archives, Kew, London, TW9 4DU About this publication: enquiries www.education.gov.uk/contactus download www.gov.uk/government/publications Reference:

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Guidance for safer working practice for those working with children and young people in education settings 2015

Guidance for safer working practice for those working with children and young people in education settings October 2015

Acknowledgments: Adapted and updated by the Safer Recruitment Consortium from an original IRSC/ DfE document and with thanks to CAPE (Child Protection in Education)

Contents Section Foreword

Page 2

I.

Definitions

2

II.

Overview and purpose of guidance

3

III IV

Underpinning principles How to use the document

3 4

1. Introduction

5

2. Status of document

5

3. Responsibilities

5

4. Making professional judgements

6

5. Power and positions of trust and authority

6

6. Confidentiality

7

7. Standards of behaviour

8

8. Dress and appearance

8

9. Gifts, rewards, favouritism and exclusion 10. Infatuations and ‘crushes’

9 9

11. Social contact outside of the workplace 12. Communication with children (including the use of technology)

10 11

13. Physical contact 14. Other activities that require physical contact

12 13

15. Intimate / personal care

14

16. Behaviour management

15

17. The use of care & control / physical intervention

15

18. Sexual conduct

16

19. One to one situations

17

20. Home visits

17

21. Transporting pupils

18

22. Educational visits

19

23. First Aid and medication

20

24. Photography, video and other images

21

25. Exposure to inappropriate images

22

26. Personal living accommodation including on site provision

23

27. Overnight supervision and examinations 28. Curriculum 29. Whistleblowing

23 24 25

30. Sharing concerns and recording incidents

25

1

Foreword “The Safer Recruitment Consortium’s guidance provides simple but detailed and practical advice to support schools and colleges and their staff in their safeguarding responsibilities. I recommend schools, colleges and Local Safeguarding Children Boards consider using it in conjunction with DfE statutory guidance- Keeping children safe in education when devising and implementing their safeguarding and child protection policies and training plans.“

EDWARD TIMPSON MP Minister for Children and Families Department for Education

I.

Definitions For ease of reading, references will be made to ‘school’ and setting. This term encompasses all types of educational establishments including academies, independent and free schools, FE institutions, sixth form colleges and Early Years settings. References made to ‘child’ and ‘children’ refer to children and young people under the age of 18 years. However, the principles of the document apply to professional behaviours towards all pupils, including those over the age of 18 years. ‘Child’ should therefore be read to mean any pupil at the education establishment. References made to adults and staff refer to all those who work with pupils in an educational establishment, in either a paid or unpaid capacity. This would also include, for example, those who are not directly employed by the school or setting e.g. Local Authority staff, sports coaches. The term ‘allegation’ means where it is alleged that a person who works with children has 

behaved in a way that has harmed a child, or may have harmed a child;



possibly committed a criminal offence against or related to a child; or,



behaved towards a child or children in a way that indicates they may pose a risk of harm to children.

References are made in this document to legislation and statutory guidance which differ dependent on the setting and alter over time. However, the behavioural principles contained within the document remain consistent, hence, wherever possible, such references have been removed in order that the document does not appear to quickly become out of date or to apply only to certain staff or settings.

2

II.

Overview and purpose of guidance This document is an update by the Safer Recruitment Consortium of a document previously published for schools by DfES. It was initially issued as those working with children had expressed concern about their vulnerability and requested clearer advice about what constitutes illegal behaviour and what might be considered as misconduct. Education staff asked for practical guidance about which behaviours constitute safe practice and which behaviours should be avoided. This safe working practice document is NOT statutory guidance from the DfE; it is for employers, local authorities and/or LSCBs to decide whether to use this as the basis for their code of conduct / staff behaviour guidelines. The document seeks to ensure that the responsibilities of educational settings leaders towards children and staff are discharged by raising awareness of illegal, unsafe, unprofessional and unwise behaviour. It should assist staff to monitor their own standards and practice and reduce the risk of allegations being made against them. It is also recognised that not all people who work with children work as paid or contracted employees. The principles and guidance outlined in this document still apply and should be followed by any person whose work brings them into contact with children. The guidance will also support employers in giving a clear message that unacceptable behaviour will not be tolerated and that, where appropriate, legal or disciplinary action is likely to follow. Once adopted, as part of an establishment’s staff behaviour policy, the school or settings may refer to the document in any disciplinary proceedings. Whilst every attempt has been made to cover a wide range of situations, it is recognised that any guidance cannot cover all eventualities. There may be times when professional judgements are made in situations not covered by this document, or which directly contravene the guidance given by the employer. It is expected that in these circumstances staff will always advise their senior colleagues of the justification for any such action already taken or proposed. All staff have a responsibility to be aware of systems within their school which support safeguarding and these should be explained to them as part of staff induction and in regular staff training sessions. This includes the school’s child protection policy and staff behaviour policy (sometimes called code of conduct) of which this document will become a part. It is recognised that the vast majority of adults who work with children act professionally and aim to provide a safe and supportive environment which secures the well-being and very best outcomes for children in their care. Achieving these aims is not always straightforward, as much relies on child and staff interactions where tensions and misunderstandings can occur. This document aims to reduce the risk of these. It must be recognised that some allegations will be genuine as there are people who seek out, create or exploit opportunities to harm children. However, allegations may also be false or misplaced and may arise from differing perceptions of the same event. When they occur, they are inevitably distressing and difficult for all concerned. It is therefore essential that all possible steps are taken to safeguard children and ensure that the adults working with them do so safely. III.

Underpinning principles 

The welfare of the child is paramount 3



Staff should understand their responsibilities to safeguard and promote the welfare of pupils



Staff are responsible for their own actions and behaviour and should avoid any conduct which would lead any reasonable person to question their motivation and intentions



Staff should work, and be seen to work, in an open and transparent way



Staff should acknowledge that deliberately invented/malicious allegations are extremely rare and that all concerns should be reported and recorded



Staff should discuss and/or take advice promptly from their line manager if they have acted in a way which may give rise to concern



Staff should apply the same professional standards regardless of culture, disability, gender, language, racial origin, religious belief and sexual orientation



Staff should not consume or be under the influence of alcohol or any substance, including prescribed medication, which may affect their ability to care for children



Staff should be aware that breaches of the law and other professional guidelines could result in disciplinary action being taken against them, criminal action and/or other proceedings including barring by the Disclosure & Barring Service (DBS) from working in regulated activity, or for acts of serious misconduct prohibition from teaching by the National College of Teaching & Leadership (NCTL).



Staff and managers should continually monitor and review practice to ensure this guidance is followed



Staff should be aware of and understand their establishment’s child protection policy, arrangements for managing allegations against staff, staff behaviour policy, whistle blowing procedure and their Local Safeguarding Children Board LSCB procedures.

IV How to use this document This document is intended only to be guidance to schools and does not have any statutory weight. However, where statutory guidance does exist in relation to a specific topic or practice, this is noted in the text. Each section provides general guidance about a particular aspect of work and, in the right hand column, specific guidance about which behaviours should be avoided and which are recommended. Some settings will have additional responsibilities arising from their regulations (e.g. Early Years Foundation Stage (EYFS), Quality Standards) or their responsibility towards young people over the age of 18. Not all sections of the guidance will, therefore, be relevant to all educational establishments.

4

1. Introduction Adults have a crucial role to play in the lives of children. This guidance has been produced to help them establish the safest possible learning and working environments which safeguard children and reduce the risk of them being falsely accused of improper or unprofessional conduct.

This means that these guidelines: 

apply to all adults working in Education and Early Years settings whatever their position, role or responsibilities

2. Status of document This document is endorsed and recommended by the Safer Recruitment Consortium. It should inform and assist employers to develop and review their guidelines on safer working practices. It may be used as reference by managers and Local Authority Designated Officers (the ‘Designated Officer or DO1) when responding to allegations made against staff in education settings. This is not statutory guidance. 3. Responsibilities Staff are accountable for the way in which they: exercise authority; manage risk; use resources; and safeguard children. All staff have a responsibility to keep pupils safe and to protect them from abuse (sexual, physical and emotional), neglect and safeguarding concerns. Pupils have a right to be safe and to be treated with respect and dignity. It follows that trusted adults are expected to take reasonable steps to ensure their safety and well-being. Failure to do so may be regarded as professional misconduct. The safeguarding culture of a school is, in part, exercised through the development of respectful, caring and professional relationships between adults and pupils and behaviour by the adult that demonstrates integrity, maturity and good judgement. The public, local authorities, employers and parents/carers will have expectations about the nature of professional involvement in the lives of children. When individuals accept a role working in an education setting they should understand and acknowledge the responsibilities and trust involved in that role.

This means that staff should:



  

understand the responsibilities which are part of their employment or role, and be aware that sanctions will be applied if these provisions are breached always act, and be seen to act, in the child’s best interests avoid any conduct which would lead any reasonable person to question their motivation and intentions take responsibility for their own actions and behaviour

This means that employers should:    

promote a culture of openness and support ensure that systems are in place for concerns to be raised ensure that adults are not placed in situations which render them particularly vulnerable ensure that all adults are aware of expectations, policies and procedures

This means that Managers / Proprietors/ Governing Bodies should:



ensure that appropriate safeguarding and child protection policies and

Working Together 2015 refers to the Designated Officer – some local authority arrangements continue to refer to the LADO. Whilst some local authorities may still be using the term LADO the acronym DO is used to denote the DO function as set out in Working Together to Safeguard Children 2015. 1

5

procedures are distributed, adopted, implemented and monitored

Employers have duties towards their employees and others under Health and Safety legislation which requires them to take steps to provide a safe working environment for staff. Legislation also imposes a duty on employees to take care of themselves and anyone else who may be affected by their actions or failings. An employer’s Health and Safety duties and the adults’ responsibilities towards children should not conflict. Safe practice can be demonstrated through the use and implementation of these guidelines. 4. Making professional judgements This guidance cannot provide a complete checklist of what is, or is not, appropriate behaviour for staff. It does highlight however, behaviour which is illegal, inappropriate or inadvisable. There will be rare occasions and circumstances in which staff have to make decisions or take action in the best interest of a pupil which could contravene this guidance or where no guidance exists. Individuals are expected to make judgements about their behaviour in order to secure the best interests and welfare of the pupils in their charge and, in so doing, will be seen to be acting reasonably. These judgements should always be recorded and shared with a manager. Adults should always consider whether their actions are warranted, proportionate, safe and applied equitably.

This means that where no specific guidance exists staff should:  discuss the circumstances that informed their action, or their proposed action, with their line manager or, where appropriate, the school’s designated safeguarding lead. This will help to ensure that the safest practices are employed and reduce the risk of actions being misinterpreted  always discuss any misunderstanding, accidents or threats with the Head teacher or designated safeguarding lead  always record discussions and actions taken with their justifications  record any areas of disagreement and, if necessary refer to another agency/the LA/Ofsted/NCTL/other Regulatory Body

5. Power and positions of trust and authority As a result of their knowledge, position and/or the authority invested in their role, all those working with children in a school or education setting are in a position of trust in relation to all pupils on the roll.

This means that staff should not:  

The relationship between a person working with a child/ren is one in which the adult has a position of power or influence. It is vital for adults to understand this power; that the relationship cannot be one between equals and the responsibility they must exercise as a consequence.



use their position to gain access to information for their own advantage and/or a pupil’s or family's detriment use their power to intimidate, threaten, coerce or undermine pupils use their status and standing to form or promote relationships with pupils which are of a sexual nature, or which may become so

The potential for exploitation and harm of vulnerable pupils means that adults have a responsibility to ensure that an unequal balance of power is not used for personal advantage or gratification.

6

Staff should always maintain appropriate professional boundaries, avoid behaviour which could be misinterpreted by others and report and record any such incident. Where a person aged 18 or over is in a position of trust with a child under 18, it is an offence2 for that person to engage in sexual activity with or in the presence of that child, or to cause or incite that child to engage in or watch sexual activity. 6. Confidentiality The storing and processing of personal information is governed by the Data Protection Act 1998. Employers should provide clear advice to staff about their responsibilities under this legislation so that, when considering sharing confidential information, those principles should apply. Staff may have access to confidential information about pupils and their families which must be kept confidential at all times and only shared when legally permissible to do so and in the interest of the child. Records should only be shared with those who have a legitimate professional need to see them. Staff should never use confidential or personal information about a pupil or her/his family for their own, or others advantage (including that of partners, friends, relatives or other organisations). Information must never be used to intimidate, humiliate, or embarrass the child. Confidential information should never be used casually in conversation or shared with any person other than on a need-to-know basis. In circumstances where the pupil’s identity does not need to be disclosed the information should be used anonymously.

This means that staff: 

 

 



need to know the name of their Designated Safeguarding Lead and be familiar with LSCB child protection procedures and guidance: are expected to treat information they receive about pupils and families in a discreet and confidential manner should seek advice from a senior member of staff (designated safeguarding lead) if they are in any doubt about sharing information they hold or which has been requested of them need to be clear about when information can/ must be shared and in what circumstances need to know the procedures for responding to allegations against staff and to whom any concerns or allegations should be reported need to ensure that where personal information is recorded using modern technologies that systems and devices are kept secure

There are some circumstances in which a member of staff may be expected to share information about a pupil, for example when abuse is alleged or suspected. In such cases, individuals have a responsibility to pass information on without delay, but only to those with designated safeguarding responsibilities. If a child – or their parent / carer – makes a disclosure regarding abuse or neglect, the member of staff should follow the setting’s procedures. The adult 2

Sexual Offences Act 2003

7

should not promise confidentiality to a child or parent, but should give reassurance that the information will be treated sensitively. If a member of staff is in any doubt about whether to share information or keep it confidential he or she should seek guidance from the Designated Safeguarding Lead. Any media or legal enquiries should be passed to senior management. 7.

Standards of behaviour

All staff have a responsibility to maintain public confidence in their ability to safeguard the welfare and best interests of children. They should adopt high standards of personal conduct in order to maintain confidence and respect of the general public and those with whom they work. There may be times where an individual’s actions in their personal life come under scrutiny from the community, the media or public authorities, including with regard to their own children, or children or adults in the community. Staff should be aware that their behaviour, either in or out of the workplace, could compromise their position within the work setting in relation to the protection of children, loss of trust and confidence, or bringing the employer into disrepute. Such behaviour may also result in -, prohibition from teaching by the NCTL, a bar from engaging in regulated activity, or action by another relevant regulatory body. The Childcare (Disqualification) Regulations 2009 set out grounds for disqualification under the Childcare Act 2006 where the person or a person living in the same household or employed in the same household meets certain criteria set out in the Regulations. For example, an individual will be disqualified where they have committed a relevant offence against a child; been subject to a specified order relating to the care of a child; committed certain serious sexual or physical offences against an adult; been included on the DBS children’s barred list; been made subject to a disqualification order by the court; previously been refused registration as a childcare provider or provider or manager of a children’s home or had such registration cancelled. A disqualified person is prohibited from providing relevant early or later years childcare as defined in the Childcare Act 2006 or being directly concerned in the management of such childcare. Schools and private childcare settings are

This means that staff should not:  behave in a manner which would lead any reasonable person to question their suitability to work with children or to act as an appropriate role model  make, or encourage others to make sexual remarks to, or about, a pupil  use inappropriate language to or in the presence of pupils  discuss their personal or sexual relationships with or in the presence of pupils  make (or encourage others to make) unprofessional personal comments which scapegoat, demean or humiliate, or might be interpreted as such This means that staff should: 

be aware that behaviour by themselves, those with whom they share a household, or others in their personal lives, may impact on their work with children



understand that a person who provides Early Years education or Childcare may be disqualified because of their “association” with a person living or employed in the same household who is disqualified.

8

also prohibited from employing a disqualified person in respect of relevant early or later years childcare 8. Dress and appearance A person's dress and appearance are matters of personal choice and self-expression and some individuals will wish to exercise their own cultural customs. However staff should select a manner of dress and appearance appropriate to their professional role and which may be necessarily different to that adopted in their personal life. Staff should ensure they are dressed decently, safely and appropriately for the tasks they undertake. Those who dress or appear in a manner which could be viewed as offensive or inappropriate will render themselves vulnerable to criticism or allegation.

This means that staff should wear clothing which:  promotes a positive and professional image  is appropriate to their role  is not likely to be viewed as offensive, revealing, or sexually provocative  does not distract, cause embarrassment or give rise to misunderstanding  is absent of any political or otherwise contentious slogans  is not considered to be discriminatory  is compliant with professional standards

9. Gifts, rewards, favouritism and exclusion Settings should have policies in place regarding the giving of gifts or rewards to pupils and the receiving of gifts from them or their parents/carers and staff should be made aware of and understand what is expected of them. Staff need to take care that they do not accept any gift that might be construed as a bribe by others, or lead the giver to expect preferential treatment. There are occasions when pupils or parents wish to pass small tokens of appreciation to staff e.g. at Christmas or as a thank-you and this is usually acceptable. However, it is unacceptable to receive gifts on a regular basis or of any significant value. Similarly, it is inadvisable to give such personal gifts to pupils or their families. This could be interpreted as a gesture either to bribe or groom. It might also be perceived that a 'favour' of some kind is expected in return.

This means that staff should:  be aware of and understand their organisation’s relevant policies, e.g. rewarding positive behaviour  ensure that gifts received or given in situations which may be misconstrued are declared and recorded  only give gifts to a pupil as part of an agreed reward system  where giving gifts other than as above, ensure that these are of insignificant value and given to all pupils equally  ensure that all selection processes of pupils are fair and these are undertaken and agreed by more than one member of staff  ensure that they do not behave in a manner which is either favourable or unfavourable to individual pupils

Any reward given to a pupil should be in accordance with agreed practice, consistent with the school or setting’s behaviour policy, recorded and not based on favouritism. Adults should exercise care when selecting children for specific activities, jobs or privileges in order to avoid perceptions of favouritism or injustice. Similar care should be exercised when pupils are excluded from an activity. Methods of selection and exclusion 9

should always be subject to clear, fair, agreed criteria.

10. Infatuations and ‘crushes’ This means that staff should:

All staff need to recognise that it is not uncommon for pupils to be strongly attracted to a member of staff and/or develop a ‘crush’ or infatuation. They should make every effort to ensure that their own behaviour cannot be brought into question, does not appear to encourage this and be aware that such infatuations may carry a risk of their words or actions being misinterpreted.

 report any indications (verbal, written or physical) that suggest a pupil may be infatuated with a member of staff  always maintain professional boundaries This means that senior managers should: 

put action plans in place where concerns are brought to their attention

Any member of staff who receives a report, overhears something, or otherwise notices any sign, however small or seemingly insignificant, that a young person has become or may be becoming infatuated with either themselves or a colleague, should immediately report this to the Head teacher or most senior manager3. In this way appropriate early intervention can be taken which can prevent escalation and avoid hurt, embarrassment or distress for those concerned. The Head teacher (or senior manager) should give careful thought to those circumstances where the staff member, pupil and their parents/carers should be spoken to and should ensure a plan to manage the situation is put in place. This plan should respond sensitively to the child and staff member and maintain the dignity of all. This plan should involve all parties, be robust and regularly monitored and reviewed. 11. Social contact outside of the workplace It is acknowledged that staff may have genuine friendships and social contact with parents of pupils, independent of the professional relationship. Staff should, however, also be aware that professionals who sexually harm children often seek to establish relationships and contact outside of the workplace with both the child and their parents, in order to ‘groom’ the adult and the child and/or create opportunities for sexual abuse. It is also important to recognise that social contact may provide opportunities for other types of grooming such as for the purpose of sexual exploitation or radicalisation.

This means that staff should:  always approve any planned social contact with pupils or parents with senior colleagues, for example when it is part of a reward scheme  advise senior management of any regular social contact they have with a pupil which could give rise to concern  refrain from sending personal communication to pupils or parents unless agreed with senior managers  inform senior management of any relationship with a parent where this extends beyond the usual parent/professional relationship  inform senior management of any

3

If the headteacher has the concern that a young person is becoming infatuated with them, they should report this to the chair of governors.

10

Staff should recognise that some types of social contact with pupils or their families could be perceived as harmful or exerting inappropriate influence on children, and may bring the setting into disrepute (e.g. attending a political protest, circulating propaganda).

requests or arrangements where parents wish to use their services outside of the workplace e.g. babysitting, tutoring

If a pupil or parent seeks to establish social contact, or if this occurs coincidentally, the member of staff should exercise her/his professional judgement. This also applies to social contacts made through outside interests or the staff member’s own family. Some staff may, as part of their professional role, be required to support a parent or carer. If that person comes to depend upon the staff member or seeks support outside of their professional role this should be discussed with senior management and where necessary referrals made to the appropriate support agency. 12. Communication with children (including the use of technology) In order to make best use of the many educational and social benefits of new and emerging technologies, pupils need opportunities to use and explore the digital world. E-safety risks are posed more by behaviours and values than the technology itself. Staff should ensure that they establish safe and responsible online behaviours, working to local and national guidelines and acceptable use policies which detail how new and emerging technologies may be used.

This means that adults should:  not seek to communicate/make contact or respond to contact with pupils outside of the purposes of their work  not give out their personal details  use only equipment and Internet services provided by the school or setting  follow their school / setting’s Acceptable Use policy  ensure that their use of technologies could not bring their employer into disrepute

Communication with children both in the ‘real’ world and through web based and telecommunication interactions should take place within explicit professional boundaries. This includes the use of computers, tablets, phones, texts, e-mails, instant messages, social media such as Facebook and Twitter, chat-rooms, forums, blogs, websites, gaming sites, digital cameras, videos, web-cams and other hand held devices. (Given the ever changing world of technology it should be noted that this list gives examples only and is not exhaustive.) Staff should not request or respond to any personal information from children other than which may be necessary in their professional role. They should ensure that their communications are open and 11

transparent and avoid any communication which could be interpreted as ‘grooming behaviour’ Staff should not give their personal contact details to children for example, e-mail address, home or mobile telephone numbers, details of web based identities. If children locate these by any other means and attempt to contact or correspond with the staff member, the adult should not respond and must report the matter to their manager. The child should be firmly and politely informed that this is not acceptable. Staff should, in any communication with children, also follow the guidance in section 7 ‘Standards of Behaviour’. Staff should adhere to their establishment’s policies, including those with regard to communication with parents and carers and the information they share when using the internet. 13. Physical contact There are occasions when it is entirely appropriate and proper for staff to have physical contact with children, however, it is crucial that they only do so in ways appropriate to their professional role and in relation to the pupil’s individual needs and any agreed care plan. Not all children feel comfortable about certain types of physical contact; this should be recognised and, wherever possible, adults should seek the pupil’s permission before initiating contact and be sensitive to any signs that they may be uncomfortable or embarrassed. Staff should acknowledge that some pupils are more comfortable with touch than others and/or may be more comfortable with touch from some adults than others. Staff should listen, observe and take note of the child's reaction or feelings and, so far as is possible, use a level of contact and/or form of communication which is acceptable to the pupil. It is not possible to be specific about the appropriateness of each physical contact, since an action that is appropriate with one pupil, in one set of circumstances, may be inappropriate in another, or with a different child. Any physical contact should be in response to the child’s needs at the time, of limited duration and appropriate to their age, stage of development,

This means that staff should:  be aware that even well intentioned physical contact may be misconstrued by the pupil, an observer or any person to whom this action is described  never touch a pupil in a way which may be considered indecent  always be prepared to explain actions and accept that all physical contact be open to scrutiny  never indulge in horseplay or fun fights  always allow/encourage pupils, where able, to undertake self-care tasks independently  ensure the way they offer comfort to a distressed pupil is age appropriate  always tell a colleague when and how they offered comfort to a distressed pupil  establish the preferences of pupils  consider alternatives, where it is anticipated that a pupil might misinterpret or be uncomfortable with physical contact  always explain to the pupil the reason why contact is necessary and what form that contact will take  report and record situations which may give rise to concern  be aware of cultural or religious views about touching and be sensitive to issues of gender This means that education settings should:  ensure they have a system in place for

12

gender, ethnicity and background. Adults should therefore, use their professional judgement at all times. Physical contact should never be secretive, or for the gratification of the adult, or represent a misuse of authority. If a member of staff believes that an action by them or a colleague could be misinterpreted, or if an action is observed which is possibly abusive the incident and circumstances should be immediately reported to the manager and recorded. Where appropriate, the manager should consult with the Local Authority Designated Officer (the DO).

recording incidents and the means by which information about incidents and outcomes can be easily accessed by senior management  provide staff, on a ‘need to know’ basis, with relevant information about vulnerable children in their care

Extra caution may be required where it is known that a child has suffered previous abuse or neglect. Staff need to be aware that the child may associate physical contact with such experiences. They also should recognise that these pupils may seek out inappropriate physical contact. In such circumstances staff should deter the child sensitively and help them to understand the importance of personal boundaries. A general culture of ‘safe touch' should be adopted, where appropriate, to the individual requirements of each child. Pupils with disabilities may require more physical contact to assist their everyday learning. The arrangements should be understood and agreed by all concerned, justified in terms of the pupil’s needs, consistently applied and open to scrutiny. 14. Other activities that require physical contact In certain curriculum areas, such as PE, drama or music, staff may need to initiate some physical contact with children, for example, to demonstrate technique in the use of a piece of equipment, adjust posture, or support a child so they can perform an activity safely or prevent injury.

This means that staff should:   

Physical contact should take place only when it is necessary in relation to a particular activity. It should take place in a safe and open environment i.e. one easily observed by others and last for the minimum time necessary. The extent of the contact should be made clear and undertaken with the permission of the pupil. Contact should be relevant to their age / understanding and adults should remain sensitive to any discomfort expressed verbally or non-verbally by the pupil. Guidance and protocols around safe and appropriate physical contact may be provided, for example, by

   

treat pupils with dignity and respect and avoid contact with intimate parts of the body always explain to a pupil the reason why contact is necessary and what form that contact will take seek consent of parents where a pupil is unable to give this e.g. because of a disability consider alternatives, where it is anticipated that a pupil might misinterpret any such contact be familiar with and follow recommended guidance and protocols conduct activities where they can be seen by others be aware of gender, cultural and religious issues that may need to be considered prior to initiating physical contact

This means that schools/settings should:

13

sports governing bodies and should be understood and applied consistently. Any incidents of physical contact that cause concern or fall outside of these protocols and guidance should be reported to the senior manager and parent or carer.





It is good practice if all parties clearly understand at the outset, what physical contact is necessary and appropriate in undertaking specific activities. Keeping parents/carers and pupils informed of the extent and nature of any physical contact may also prevent allegations of misconduct or abuse arising.

have in place up to date guidance and protocols on appropriate physical contact, that promote safe practice and include clear expectations of behaviour and conduct. ensure that staff are made aware of this guidance and that it is continually promoted

15. Intimate / personal care Schools and settings should have clear nappy or pad changing and intimate / personal care policies which ensure that the health, safety, independence and welfare of children is promoted and their dignity and privacy are respected. Arrangements for intimate and personal care should be open and transparent and accompanied by recording systems. Pupils should be encouraged to act as independently as possible and to undertake as much of their own personal care as is possible and practicable. When assistance is required, this should normally be undertaken by one member of staff, however, they should try to ensure that another appropriate adult is in the vicinity who is aware of the task to be undertaken and that, wherever possible, they are visible and/or audible. Intimate or personal care procedures should not involve more than one member of staff unless the pupil’s care plan specifies the reason for this. A signed record should be kept of all intimate and personal care tasks undertaken and, where these have been carried out in another room, should include times left and returned.

This means that education settings should:  have written care plans in place for any pupil who could be expected to require intimate care  ensure that pupils are actively consulted about their own care plan This means that staff should:  adhere to their organisation’s intimate and personal care and nappy changing policies  make other staff aware of the task being undertaken  always explain to the pupil what is happening before a care procedure begins  consult with colleagues where any variation from agreed procedure/care plan is necessary  record the justification for any variations to the agreed procedure/care plan and share this information with the pupil and their parents/carers  avoid any visually intrusive behaviour  where there are changing rooms announce their intention of entering  always consider the supervision needs of the pupils and only remain in the room where their needs require this This means that adults should not:

Any vulnerability, including those that may arise from a physical or learning difficulty should be considered when formulating the individual pupil’s care plan. The views of parents, carers and the pupil, regardless of their age and understanding, should be actively sought in formulating the plan and in the necessary regular reviews of these arrangements.

 change or toilet in the presence or sight of pupils  shower with pupils  assist with intimate or personal care tasks which the pupil is able to undertake independently

Pupils are entitled to respect and privacy at all times and especially when in a state of undress, including, for example, when changing, toileting and showering. 14

However, there needs to be an appropriate level of supervision in order to safeguard pupils, satisfy health and safety considerations and ensure that bullying or teasing does not occur. This supervision should be appropriate to the needs and age of the young people concerned and sensitive to the potential for embarrassment. 16. Behaviour management Corporal punishment and smacking is unlawful in all schools and early years settings. Staff should not use any form of degrading or humiliating treatment to punish a child. The use of sarcasm, demeaning or insensitive comments towards children is completely unacceptable. Where pupils display difficult or challenging behaviour, adults should follow the school’s or setting’s behaviour and discipline policy using strategies appropriate to the circumstance and situation. Where a pupil has specific needs in respect of particularly challenging behaviour, a positive handling plan, including assessment of risk, should be drawn up and agreed by all parties, including, for example, a medical officer where appropriate. Senior managers should ensure that the establishment’s behaviour policy includes clear guidance about the use of isolation and seclusion. The legislation on these strategies is complex and staff should take extreme care to avoid any practice that could be viewed as unlawful, a breach of the pupil’s human rights and/or false imprisonment.

This means that staff should:  not use force as a form of punishment  try to defuse situations before they escalate e.g. by distraction  keep parents informed of any sanctions or behaviour management techniques used  be mindful of and sensitive to factors both inside and outside of the school or setting which may impact on a pupil’s behaviour  follow the establishment’s behaviour management policy  behave as a role model  avoid shouting at children other than as a warning in an emergency/safety situation  refer to national and local policy and guidance regarding Restrictive Physical Intervention (RPI)  be aware of the legislation and potential risks associated with the use of isolation and seclusion  comply with legislation and guidance in relation to human rights and restriction of liberty

17. The use of control and physical intervention Early years providers must take all reasonable steps to ensure that corporal punishment is not given by any person who cares for or is in regular contact with a child, or by any person living or working in the premises where care is provided. A person will not be taken to have used corporal punishment if the action was taken for reasons that include averting an immediate danger of personal injury to, or an immediate danger of death of, any person including the child4.

This means that education settings should:

The law and guidance for schools states that adults

This means that staff should:

4

   

ensure that they have a lawful physical intervention policy consistent with local and national guidance regularly acquaint staff with policy and guidance ensure that staff are provided with appropriate training and support have an agreed policy for when and how physical interventions should be recorded and reported

Para 3.52 EYFS and The Early Years Foundation Stage (Welfare Requirements) Regulations 2012, Regulation 7.

15

may reasonably intervene to prevent a child from:    

committing a criminal offence injuring themselves or others causing damage to property engaging in behaviour prejudicial to good order and to maintain good order and discipline.

Care staff in residential special schools which are also registered as children’s homes are not permitted to use physical intervention to maintain good order or discipline and should refer to the Children’s Homes Regulations (England) 2015 for information.

 adhere to the school or setting’s physical intervention policy  always seek to defuse situations and avoid the use of physical intervention wherever possible  where physical intervention is necessary, only use minimum force and for the shortest time needed This means that staff should not  use physical intervention as a form of punishment

Great care must be exercised in order that adults do not physically intervene in a manner which could be considered unlawful.

Under no circumstances should physical force be used as a form of punishment. The use of unwarranted or disproportionate physical force is likely to constitute a criminal offence. Where the school or setting judges that a child’s behaviour presents a serious risk to themselves or others, they must always put in place a robust risk assessment which is reviewed regularly and, where relevant, a physical intervention plan. In all cases where physical intervention has taken place, it would be good practice to record the incident and subsequent actions and report these to a manager and the child’s parents. (In a children’s home it is a legal requirement to record such incidents.) Similarly, where it can be anticipated that physical intervention is likely to be required, a plan should be put in place which the pupil and parents/carers are aware of and have agreed to. Parental consent does not permit settings to use unlawful physical intervention or deprive a pupil of their liberty. 18. Sexual conduct Any sexual behaviour by a member of staff with or towards a pupil is unacceptable. It is an offence for a member of staff in a position of trust to engage in sexual activity with a pupil under 18 years of age5 and sexual activity with a child could be a matter for 5

This means that staff should:  

not have any form of sexual contact with a pupil from the school or setting avoid any form of touch or comment which is, or may be considered to be, indecent

Sexual Offences Act 2003: abuse of a position of trust

16

criminal and/or disciplinary procedures. Pupils are protected by the same laws as adults in relation to non-consensual sexual behaviour. They are additionally protected by specific legal provisions depending on their age and understanding. This includes the prohibition of sexual activity with children by adults in a position of trust. Sexual activity involves physical contact including penetrative and non-penetrative acts, however it also includes non-contact activities, such as causing pupils to engage in or watch sexual activity or the production of pornographic material.

 avoid any form of communication with a pupil which could be interpreted as sexually suggestive, provocative or give rise to speculation e.g. verbal comments, letters, notes, by email or on social media, phone calls, texts, physical contact  not make sexual remarks to or about a pupil  not discuss sexual matters with or in the presence of pupils other than within agreed curriculum content or as part of their recognised job role

There are occasions when adults embark on a course of behaviour known as 'grooming' where the purpose is to gain the trust of a child, and manipulate the relationship so sexual abuse can take place. All staff should undertake appropriate training so they are fully aware of those behaviours that may constitute 'grooming' and of their responsibility to always report to a senior manager any concerns about the behaviour of a colleague which could indicate that a pupil is being groomed. 19. One to one situations Staff working in one to one situations with pupils at the setting, including visiting staff from external organisations can be more vulnerable to allegations or complaints. To safeguard both pupils and adults, a risk assessment in relation to the specific nature and implications of one to one work should always be undertaken. Each assessment should take into account the individual needs of each pupil and should be reviewed regularly.

This means that staff should:  ensure that wherever possible there is visual access and/or an open door in one to one situations  avoid use of 'engaged' or equivalent signs wherever possible. Such signs may create an opportunity for secrecy or the interpretation of secrecy  always report any situation where a pupil becomes distressed or angry  consider the needs and circumstances of the pupil involved

Arranging to meet with pupils from the school or setting away from the work premises should not be permitted unless the necessity for this is clear and approval is obtained from a senior member of staff, the pupil and their parents/carers. 20. Home visits All work with pupils and parents should usually be undertaken in the school or setting or other recognised workplace. There are however occasions, in response to an urgent, planned or specific situation

This means that staff should:  

agree the purpose for any home visit with their manager adhere to agreed risk management

17

or job role, where it is necessary to make one-off or regular home visits. It is essential that appropriate policies and related risk assessments are in place to safeguard both staff and pupils, who can be more vulnerable in these situations. A risk assessment should be undertaken prior to any planned home visit taking place. The assessment should include an evaluation of any known factors regarding the pupil, parents/carers and any others living in the household. Consideration should be given to any circumstances which might render the staff member becoming more vulnerable to an allegation being made e.g. hostility, child protection concerns, complaints or grievances. Specific thought should be given to visits outside of ‘office hours’ or in remote or secluded locations. Following the assessment, appropriate risk management measures should be put in place, before the visit is undertaken. In the unlikely event that little or no information is available, visits should not be made alone.

   

strategies avoid unannounced visits wherever possible ensure there is visual access and/or an open door in one to one situations always make detailed records including times of arrival and departure ensure any behaviour or situation which gives rise to concern is discussed with their manager

This means that education settings should:  ensure that they have home visit and lone-working policies which all adults are made aware of. These should include arrangements for risk assessment and management  ensure that all visits are justified and recorded  ensure that staff are not exposed to unacceptable risk  make clear to staff that, other than in a an emergency, they should not enter a home if the parent/carer is absent  ensure that staff have access to a mobile telephone and an emergency contact

21. Transporting pupils This means that staff should:

In certain situations staff or volunteers may be required or offer to transport pupils as part of their work. As for any other activity undertaken at work, the employer has a duty to carry out a risk assessment covering the health and safety of their staff and to manage any known risks.6 Staff should not offer lifts to pupils unless the need for this has been agreed by a manager. A designated member of staff should be appointed to plan and provide oversight of all transport arrangements and respond to any concerns that may arise.

    

 

Wherever possible and practicable it is advisable that transport is undertaken other than in private vehicles and with at least one adult additional to the driver acting as an escort.

 

It is a legal requirement that all passengers wear seatbelts and the driver should ensure that they do so. They should also be aware of and adhere to current legislation regarding the use of car seats for younger children.

6



plan and agree arrangements with all parties in advance respond sensitively and flexibly where any concerns arise take into account any specific or additional needs of the pupil have an appropriate licence/permit for the vehicle ensure they are fit to drive and free from any drugs, alcohol or medicine which is likely to impair judgement and/ or ability to drive ensure that if they need to be alone with a pupil this is for the minimum time be aware that the safety and welfare of the pupil is their responsibility until this is safely passed over to a parent/carer report the nature of the journey, the route and expected time of arrival in accordance with agreed procedures ensure that their behaviour and all arrangements ensure vehicle, passenger and driver safety. This includes having proper and appropriate insurance for the type of vehicle being driven ensure that any impromptu or emergency arrangements of lifts are recorded and can be justified

See also https://www.gov.uk/government/publications/health-and-safety-advice-for-schools

18

Staff should ensure that their behaviour is safe and that the transport arrangements and the vehicle meet all legal requirements. They should ensure that the vehicle is roadworthy and appropriately insured and that the maximum carrying capacity is not exceeded.



refer to Local and National guidance for Educational visits

Staff should never offer to transport pupils outside of their normal working duties, other than in an emergency or where not doing so would mean the child may be at risk. In these circumstances the matter should be recorded and reported to both their manager and the child’s parent(s). The school’s health and safety policy and/or educational visits policy should set out the arrangements under which staff may use private vehicles to transport pupils

22. Educational visits Staff responsible for organising educational visits should be familiar with the Department for Education’s advice on Health and Safety available at https://www.gov.uk/government/publications/healthand-safety-advice-for-schools7 The duties in the Health and Safety at Work etc. Act 1974 and the supporting regulations apply to activities taking place on or off the school premises (including school visits) in Great Britain. All school employers must have a Health and Safety policy. This should include policy and procedures for off-site visits, including residential visits and any school-led adventure activities. The Management of Health and Safety at Work Regulations (1999) impose a duty on employers to produce suitable and sufficient risk assessments. This would include assessment of any risks to employees, children or others during an educational visit, and the measures that should be taken to minimise these risks. For regular activities, such as taking pupils to a local swimming pool, the risks should be considered under the school’s general arrangements and a check to make sure that the precautions remain suitable is all that is required. For annual or infrequent activities, a review of an existing assessment may be all that is needed. For new higher-risk activities or trips, a specific assessment of the significant risks should be carried out.

7

This means that staff should:  adhere to their organisation’s educational visits guidance  always have another adult present on visits, unless otherwise agreed with senior staff  undertake risk assessments  have parental consent to the activity  ensure that their behaviour remains professional at all times  never share beds with a child/pupil  never share bedrooms unless it involves a dormitory situation and the arrangements have been previously discussed with Head teacher, parents and pupils  refer to local and national guidance for Educational visits, including exchange visits (both to the UK and abroad)

Guidance is also available from the Outdoor Education Advisers’ Panel http://oeapng.info/

19

Staff should take particular care when supervising pupils in the less formal atmosphere of an educational visit where a more relaxed discipline or informal dress and language code may be acceptable. However, staff remain in a position of trust and need to ensure that their behaviour cannot be interpreted as seeking to establish an inappropriate relationship or friendship. Where out of school or setting activities include overnight stays, careful consideration needs to be given to sleeping arrangements. Pupils, adults and parents should be informed of these prior to the start of the trip. In all circumstances, those organising trips and outings should pay careful attention to ensuring there is a safe staff/child ratio and suitable gender mix of staff.

23. First Aid and medication All settings should have an adequate number of qualified first-aiders. Parents should be informed when first aid has been administered. Any member of school staff may be asked to become a qualified first-aider or to provide support to pupils with medical conditions, including the administering of medicines, but they cannot be required to do so unless this forms part of their contract of employment8 Staff should receive sufficient and suitable training and achieve the necessary level of competency before they take on responsibility to support children with medical conditions. Advice on managing medicines is included in the statutory guidance on supporting pupils at school with medical conditions. In circumstances where a pupil needs medication regularly, this would usually be recorded in their individual healthcare plan. This provides details of the level and type of support a child needs to manage effectively their medical condition in school and should include information about the medicine to be administered, the correct dosage and any storage requirements.

This means that education settings should:  ensure there are trained and named individuals to undertake first aid responsibilities, including paediatric first aid if relevant  ensure training is regularly monitored and updated  refer to local and national First Aid guidance and guidance on meeting the needs of children with medical conditions that adults should:  adhere to the school or setting’s health and safety and supporting pupils with medical conditions policies  make other staff aware of the task being undertaken  have regard to pupils’ individual healthcare plans  always ensure that an appropriate health/risk assessment is undertaken prior to undertaking certain activities  explain to the pupil what is happening.  always act and be seen to act in the pupil’s best interest  make a record of all medications administered  not work with pupils whilst taking medication unless medical advice confirms that they are able to do so

After discussion with parents, children who are competent should be encouraged to take responsibility for managing their own medicines and procedures. This could include for example, the 8

Teachers cannot be required to do these tasks but other members of staff, whose contracts are agreed locally, can be required to do so if their contracts provide for it.

20

application of any ointment or sun cream, or use of inhalers or Epipens. If a member of staff is concerned or uncertain about the amount or type of medication being given to a pupil this should be discussed with the Designated Safeguarding Lead. Adults taking medication which may affect their ability to care for children should seek medical advice regarding their suitability to do so and providers should ensure that they only work directly with children if that advice confirms that the medication is unlikely to impair their ability to look after children. Employers are also responsible for managing the performance of their employees and for ensuring they are suitable to work with children. Risk assessment is likely to recommend that staff medication on the premises must be securely stored and out of reach of children at all times 24. Photography, videos and other images Many educational activities involve recording images. These may be undertaken for displays, publicity, to celebrate achievement and to provide records of evidence of the activity. Under no circumstances should staff be expected or allowed to use their personal equipment to take images of pupils at or on behalf of the school or setting. All settings should have arrangements with regard to the taking and use of images, which is linked to their safeguarding and child protection policy. This should cover the wide range of devices which can be used for taking/recording images e.g. cameras, mobile-phones, smart phones, tablets, web-cams etc. and arrangements for the use of these by both staff, parents and visitors.

This means that staff should:  adhere to their establishment’s policy  only publish images of pupils where they and their parent/carer have given explicit written consent to do so  only take images where the pupil is happy for them to do so  only retain images when there is a clear and agreed purpose for doing so  store images in an appropriate secure place in the school or setting  ensure that a senior member of staff is aware that the photography/image equipment is being used and for what purpose  be able to justify images of pupils in their possession  avoid making images in one to one situations

Whilst images are regularly used for very positive purposes adults need to be aware of the potential for these to be taken and/or misused or manipulated for pornographic or 'grooming' purposes. Particular regard needs to be given when images are taken of young or vulnerable children who may be unable to question why or how the activities are taking place.

This means that adults should not:

Pupils who have been previously abused in a manner that involved images may feel particularly threatened by the use of photography, filming etc. Staff should



 





take images of pupils for their personal use display or distribute images of pupils unless they are sure that they have parental consent to do so (and, where appropriate, consent from the child) take images of children using personal equipment take images of children in a state of undress or semi-undress take images of children which could be considered as indecent or sexual

21

remain sensitive to any pupil who appears uncomfortable and should recognise the potential for misinterpretation. Making and using images of pupils will require the age appropriate consent of the individual concerned and their parents/carers. Images should not be displayed on websites, in publications or in a public place without such consent. The definition of a public place includes areas where visitors to the setting have access. For the protection of children, it is recommended that when using images for publicity purposes that the following guidance should be followed:    

if the image is used, avoid naming the child, (or, as a minimum, use first names rather than surnames) if the child is named, avoid using their image schools and settings should establish whether the image will be retained for further use, where and for how long images should be securely stored and used only by those authorised to do so.

25. Exposure to inappropriate images Staff should take extreme care to ensure that children and young people are not exposed, through any medium, to inappropriate or indecent images.

This means that staff should:  

There are no circumstances that will justify adults: making, downloading, possessing or distributing indecent images or pseudo-images of children (child abuse images). Accessing these images, whether using the setting’s or personal equipment, on or off the premises, or making, storing or disseminating such material is illegal.



abide by the establishment’s acceptable use and e-safety policies ensure that children cannot be exposed to indecent or inappropriate images ensure that any films or material shown to children are age appropriate

If indecent images of children are discovered at the establishment or on the school or setting’s equipment an immediate referral should be made to the Designated Officer, (DO) and the police contacted if relevant. The images/equipment should be secured and there should be no attempt to view or delete the images as this could jeopardise necessary criminal action. If the images are of children known to the school, a referral should also be made to children’s social care in line with local arrangements. Under no circumstances should any adult use school or setting equipment to access pornography. Personal 22

equipment containing pornography or links to it should never be brought into or used in the workplace. This will raise serious concerns about the suitability of the adult to continue working with children and young people. Staff should keep their passwords confidential and not allow unauthorised access to equipment. In the event of any indecent images of children or unsuitable material being discovered on a device the equipment should not be tampered with in any way. It should be secured and isolated from the network, and the DO contacted without delay. Adults should not attempt to investigate the matter or evaluate the material themselves as this may lead to a contamination of evidence and a possibility they will be at risk of prosecution themselves. 26. Personal living accommodation including on site provision Generally, staff should not invite any pupils into their living accommodation unless the reason to do so has been firmly established and agreed with their manager and the pupil’s parents/carers. It is not appropriate for staff to be expected or requested to use their private living space for any activity, play or learning. This includes seeing pupils for e.g. discussion of reports, academic reviews, tutorials, pastoral care or counselling. Managers should ensure that appropriate accommodation for such activities is found elsewhere in the setting.

This means that staff should:

 be vigilant in maintaining their privacy,  

 

including when living in on-site accommodation be mindful of the need to avoid placing themselves in vulnerable situations refuse any request for their accommodation to be used as an additional resource for the school or setting be mindful of the need to maintain appropriate personal and professional boundaries not ask pupils to undertake jobs or errands for their personal benefit

Under no circumstances should pupils be asked to assist adults with jobs or tasks, either for or without reward, at or in their private accommodation. This guidance should also apply to all other persons living in or visiting the private accommodation. 27. Overnight supervision and examinations There are occasions during exam periods when timetables clash and arrangements need to be made to preserve the integrity of the examination process. In these circumstances examination boards may allow candidates to take an examination the following morning, including Saturdays. The supervision of a candidate on journeys to and from the centre and overnight may be undertaken by

This means that:  schools should ensure that all arrangements reflect a duty of care towards pupils and staff Where staff do supervise candidates overnight:  a full health and safety risk assessment

23

the candidate’s parent/carer or centre staff. The examination board requires the centre to determine a method of supervision which ensures the candidate’s wellbeing. As a result in some circumstances staff may be asked to volunteer to supervise students perhaps in their own homes. The overriding consideration should be the safeguarding of both the pupil and staff, therefore many local authorities, professional associations and unions do not endorse the practice of staff supervising candidates overnight in their own homes. Some schools employ alternatives such as a ‘sleep-over’ on the school premises. Where arrangements are made for a staff member to supervise a pupil overnight then all necessary safeguards should be in place.

should have been undertaken  all members of the household should have had appropriate vetting including, where eligible, DBS and barred list checks  all arrangements should be made in partnership and agreement with the pupil and parents/carers  arrangements involving one to one supervision should be avoided wherever possible.  as much choice, flexibility and contact with 'the outside world', should be incorporated into any arrangement so far as is consistent with appropriate supervision  whenever possible, independent oversight of arrangements should be made  any situation which gives rise to complaint, disagreement or misunderstanding should be reported  staff should have regard to any local and national guidance

28. Curriculum Many areas of the curriculum can include or raise subject matter which is sexually explicit or of a political or sensitive nature. Care should be taken to ensure that resource materials cannot be misinterpreted and clearly relate to the learning outcomes identified by the lesson plan. This can be supported by developing ground rules with pupils to ensure sensitive topics can be discussed in a safe learning environment. This plan should highlight particular areas of risk and sensitivity and care should especially be taken in those areas of the curriculum where usual boundaries or rules are less rigorously applied e.g. drama The curriculum can sometimes include or lead to unplanned discussion about subject matter of a sexually explicit, political or otherwise sensitive nature. Responding to children’s questions requires careful judgement and staff should take guidance in these circumstances from the Designated Safeguarding Lead.

This means that staff should:   

have clear written lesson plans take care when encouraging pupils to use self-expression, not to overstep personal and professional boundaries be able to justify all curriculum materials and relate these to clearly identifiable lessons plans.

This means that adults should not:    

enter into or encourage inappropriate discussions which may offend or harm others undermine fundamental British values express any prejudicial views attempt to influence or impose their personal values, attitudes or beliefs on pupils

Care should be taken to comply with the setting’s policy on spiritual, moral, social, cultural (SMSC) which should promote fundamental British values and be rigorously reviewed to ensure it is lawful and consistently applied. Staff should also comply at all times with the policy for sex and relationships education (SRE). It should be noted that parents have the right to withdraw their children from all or part of 24

any sex education provided but not from the National Curriculum for Science. 29. Whistleblowing Whistleblowing is the mechanism by which staff can voice their concerns, made in good faith, without fear of repercussion. Education settings should have a clear and accessible whistleblowing policy that meets the terms of the Public Interest Disclosure Act 1998. Staff who use whistle blowing procedures should have their employment rights protected. Staff should recognise their individual responsibilities to bring matters of concern to the attention of senior management and/or relevant external agencies and that to not do so may result in charges of serious neglect on their part where the welfare of children may be at risk.

This means that schools and settings should:  

have a whistleblowing policy in place which is known to all have, as part of their safeguarding and child protection policy, clear procedures for dealing with allegations against persons working in or on behalf of the school or setting

This means that staff should:  

report any behaviour by colleagues that raises concern report allegations against staff and volunteers to their manager, or registered provider, or where they have concerns about the manager’s response report these directly to the DO

30. Sharing concerns and recording incidents This means that staff should:

All staff should be aware of their establishment’s safeguarding procedures, including the procedures for dealing with allegations against staff and volunteers.

 

In the event of an allegation being made, by any person, or incident being witnessed, the relevant information should be immediately recorded and reported to the Head teacher, senior manager or Designated Safeguarding Lead as appropriate. Members of staff should feel able to discuss with their line manager any difficulties or problems that may affect their relationship with or behaviour towards pupils, so that appropriate support can be provided and/or action can be taken. In order to safeguard and protect pupils and colleagues, where staff have any concerns about someone who works with children they should immediately report this to the Head teacher, proprietor or senior manager in line with the setting’s procedures.



be familiar with their establishment’s arrangements for reporting and recording concerns and allegations know how to contact the LADO / DO and Ofsted/regulatory body directly if required take responsibility for recording any incident, and passing on that information where they have concerns about any matter pertaining to the welfare of an individual in the school or setting

This means that education settings should: 

have an effective, confidential system for recording and managing concerns raised by any individual regarding adults’ conduct and any allegations against staff and volunteers

25

The Prevent duty Departmental advice for schools and childcare providers

June 2015

Contents Summary

3

About this departmental advice

3

Expiry or review date

3

Who is this advice for?

3

Main points

3

Introduction

4

The Prevent duty: what it means for schools and childcare providers

5

Risk assessment

5

Working in partnership

7

Staff training

7

IT policies

8

Building children’s resilience to radicalisation

8

What to do if you have a concern

10

2

Summary About this departmental advice This is departmental advice from the Department for Education. This advice is nonstatutory, and has been produced to help recipients understand the implications of the Prevent duty. The Prevent duty is the duty in the Counter-Terrorism and Security Act 2015 on specified authorities, in the exercise of their functions, to have due regard to the need to prevent people from being drawn into terrorism.

Expiry or review date This advice will next be reviewed before September 2016.

Who is this advice for? This advice is for: •

Governing bodies, school leaders and school staff in maintained schools (including nursery schools), non-maintained special schools, proprietors of independent schools (including academies and free schools), alternative provision academies and 16-19 academies

•

Management committees and staff in pupil referral units

•

Proprietors and managers and staff in registered childcare settings

It will be of particular interest to safeguarding leads.

Main points The main points of this advice are to: •

explain what the Prevent duty means for schools and childcare providers;

•

make clear what schools and childcare providers should do to demonstrate compliance with the duty; and

•

inform schools and childcare providers about other sources of information, advice and support.

3

Introduction From 1 July 2015 all schools 1, registered early years childcare providers 2 and registered later years childcare providers 3 (referred to in this advice as ‘childcare providers’) are subject to a duty under section 26 of the Counter-Terrorism and Security Act 2015, in the exercise of their functions, to have “due regard to the need to prevent people from being drawn into terrorism”. This duty is known as the Prevent duty. It applies to a wide range of public-facing bodies. Bodies to which the duty applies must have regard to the statutory guidance. Paragraphs 57-76 of the guidance are concerned specifically with schools and childcare providers. This advice complements the statutory guidance and refers to other relevant guidance and advice. It is intended to help schools and childcare providers think about what they can do to protect children from the risk of radicalisation 4 and suggests how they can access support to do this. It reflects actions that many schools and childcare providers will already be taking to protect children from this risk.

1

Including early years and later years childcare provision in schools that is exempt from registration under the Childcare Act 2006. 2 Those registered under Chapter 2 or 2A of Part 3 of the Childcare Act 2006, including childminders. 3 Those registered under Chapter 3 or 3A of Part 3 of the Childcare Act 2006, including childminders. 4 “Radicalisation” refers to the process by which a person comes to support terrorism and forms of extremism leading to terrorism. During that process it is possible to intervene to prevent vulnerable people being drawn into terrorist-related activity.

4

The Prevent duty: what it means for schools and childcare providers In order for schools and childcare providers to fulfil the Prevent duty, it is essential that staff are able to identify children who may be vulnerable to radicalisation, and know what to do when they are identified. Protecting children from the risk of radicalisation should be seen as part of schools’ and childcare providers’ wider safeguarding duties, and is similar in nature to protecting children from other harms (e.g. drugs, gangs, neglect, sexual exploitation), whether these come from within their family or are the product of outside influences. Schools and childcare providers can also build pupils’ resilience to radicalisation by promoting fundamental British values and enabling them to challenge extremist 5 views. It is important to emphasise that the Prevent duty is not intended to stop pupils debating controversial issues. On the contrary, schools should provide a safe space in which children, young people and staff can understand the risks associated with terrorism and develop the knowledge and skills to be able to challenge extremist arguments. For early years childcare providers, the statutory framework for the Early Years Foundation Stage sets standards for learning, development and care for children from 0-5, thereby assisting their personal, social and emotional development and understanding of the world. The Prevent duty is entirely consistent with schools’ and childcare providers’ existing responsibilities and should not be burdensome. Ofsted’s revised common inspection framework for education, skills and early years, which comes into effect from 1 September 2015, makes specific reference to the need to have safeguarding arrangements to promote pupils’ welfare and prevent radicalisation and extremism. The associated handbooks for inspectors set out the expectations for different settings. The common inspection framework and handbooks are available on GOV.UK. The statutory guidance on the Prevent duty summarises the requirements on schools and childcare providers in terms of four general themes: risk assessment, working in partnership, staff training and IT policies. This advice focuses on those four themes.

Risk assessment The statutory guidance makes clear that schools and childcare providers are expected to assess the risk of children being drawn into terrorism, including support for extremist ideas that are part of terrorist ideology. This means being able to demonstrate both a general understanding of the risks affecting children and young people in the area and a

5

“Extremism” is vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces, whether in this country or overseas. Terrorist groups very often draw on extremist ideas developed by extremist organisations.

5

specific understanding of how to identify individual children who may be at risk of radicalisation and what to do to support them. The general risks affecting children and young people may vary from area to area, and according to their age. Schools and childcare providers are in an important position to identify risks within a given local context. It is important that schools and childcare providers understand these risks so that they can respond in an appropriate and proportionate way. At the same time schools and childcare providers should be aware of the increased risk of online radicalisation, as terrorist organisations such as ISIL seek to radicalise young people through the use of social media and the internet. The local authority and local police will be able to provide contextual information to help schools and childcare providers understand the risks in their areas. There is no single way of identifying an individual who is likely to be susceptible to a terrorist ideology. As with managing other safeguarding risks, staff should be alert to changes in children’s behaviour which could indicate that they may be in need of help or protection. Children at risk of radicalisation may display different signs or seek to hide their views. School staff should use their professional judgement in identifying children who might be at risk of radicalisation and act proportionately. Even very young children may be vulnerable to radicalisation by others, whether in the family or outside, and display concerning behaviour. The Prevent duty does not require teachers or childcare providers to carry out unnecessary intrusion into family life but as with any other safeguarding risk, they must take action when they observe behaviour of concern. Schools and childcare providers should have clear procedures in place for protecting children at risk of radicalisation. These procedures may be set out in existing safeguarding policies. It is not necessary for schools and childcare settings to have distinct policies on implementing the Prevent duty. General safeguarding principles apply to keeping children safe from the risk of radicalisation as set out in the relevant statutory guidance, Working together to safeguard children and Keeping children safe in education. School staff and childcare providers should understand when it is appropriate to make a referral to the Channel programme. Channel is a programme which focuses on providing support at an early stage to people who are identified as being vulnerable to being drawn into terrorism. It provides a mechanism for schools to make referrals if they are concerned that an individual might be vulnerable to radicalisation. An individual’s engagement with the programme is entirely voluntary at all stages. Detailed guidance on Channel is available. An online general awareness training module on Channel is available. The module is suitable for school staff and other front-line workers. It provides an introduction to the topics covered by this advice, including how to identify factors that can make people 6

vulnerable to radicalisation, and case studies illustrating the types of intervention that may be appropriate, in addition to Channel.

Working in partnership The Prevent duty builds on existing local partnership arrangements. Local Safeguarding Children Boards (LSCBs) are responsible for co-ordinating what is done by local agencies for the purposes of safeguarding and promoting the welfare of children in their local area. Safeguarding arrangements should already take into account the policies and procedures of the LSCB. For example, LSCBs publish threshold guidance indicating when a child or young person might be referred for support. Local authorities are vital to all aspects of Prevent work. In some priority local authority areas, Home Office fund dedicated Prevent co-ordinators to work with communities and organisations, including schools. Other partners, in particular the police and also civil society organisations, may be able to provide advice and support to schools on implementing the duty. Effective engagement with parents / the family is also important as they are in a key position to spot signs of radicalisation. It is important to assist and advise families who raise concerns and be able to point them to the right support mechanisms.

Staff training The statutory guidance refers to the importance of Prevent awareness training to equip staff to identify children at risk of being drawn into terrorism and to challenge extremist ideas. The Home Office has developed a core training product for this purpose – Workshop to Raise Awareness of Prevent (WRAP). There are a number of professionals – particularly in safeguarding roles - working within Local Authorities, the Police, Health and Higher and Further Education who are accredited WRAP trained facilitators. We are working to build capacity within the system to deliver training. Individual schools and childcare providers are best placed to assess their training needs in the light of their assessment of the risk. As a minimum, however, schools should ensure that the Designated Safeguarding Lead undertakes Prevent awareness training and is able to provide advice and support to other members of staff on protecting children from the risk of radicalisation. We recognise that it can be more difficult for many childcare providers, such as childminders, to attend training and we are considering other ways in which they can increase their awareness and be able to demonstrate that. This advice is one way of raising childcare providers’ awareness.

7

IT policies The statutory guidance makes clear the need for schools to ensure that children are safe from terrorist and extremist material when accessing the internet in schools. Schools should ensure that suitable filtering is in place. More generally, schools have an important role to play in equipping children and young people to stay safe online, both in school and outside. Internet safety will usually be integral to a school’s ICT curriculum and can also be embedded in PSHE and SRE. General advice and resources for schools on internet safety are available on the UK Safer Internet Centre website. As with other online risks of harm, every teacher needs to be aware of the risks posed by the online activity of extremist and terrorist groups.

Building children’s resilience to radicalisation As explained above, schools can build pupils’ resilience to radicalisation by providing a safe environment for debating controversial issues and helping them to understand how they can influence and participate in decision-making. Schools are already expected to promote the spiritual, moral, social and cultural development of pupils and, within this, fundamental British values. Advice on promoting fundamental British values in schools is available. Personal, Social and Health Education (PSHE) can be an effective way of providing pupils with time to explore sensitive or controversial issues, and equipping them with the knowledge and skills to understand and manage difficult situations. The subject can be used to teach pupils to recognise and manage risk, make safer choices, and recognise when pressure from others threatens their personal safety and wellbeing. They can also develop effective ways of resisting pressures, including knowing when, where and how to get help. Schools can encourage pupils to develop positive character traits through PSHE, such as resilience, determination, self-esteem, and confidence. Citizenship helps to provide pupils with the knowledge, skills and understanding to prepare them to play a full and active part in society. It should equip pupils to explore political and social issues critically, to weigh evidence, to debate, and to make reasoned arguments. In Citizenship, pupils learn about democracy, government and how laws are made and upheld. Pupils are also taught about the diverse national, regional, religious and ethnic identities in the United Kingdom and the need for mutual respect and understanding. A number of resources are available to support schools in this work. These include products aimed at giving teachers the confidence to manage debates about contentious issues and to help them develop their pupils’ critical thinking skills. Local authorities and the local police may be able to advise on the resources which are available. In some cases these resources may be charged for, particularly where they are 8

delivered by external facilitators. As with any other resources for use in the classroom, schools should satisfy themselves that they are suitable for pupils (for example in terms of their age appropriateness) and that staff have the knowledge and confidence to use the resources effectively. For childcare providers our strategic partner, 4Children, have published the following good practice examples demonstrating what promoting fundamental British Values means in the early years. The Department will be providing further advice on resources for schools.

9

What to do if you have a concern As explained above, if a member of staff in a school has a concern about a particular pupil they should follow the school’s normal safeguarding procedures, including discussing with the school’s designated safeguarding lead, and where deemed necessary, with children’s social care. In Prevent priority areas, the local authority will have a Prevent lead who can also provide support. You can also contact your local police force or dial 101 (the non-emergency number). They can talk to you in confidence about your concerns and help you gain access to support and advice. The Department for Education has dedicated a telephone helpline (020 7340 7264) to enable staff and governors to raise concerns relating to extremism directly. Concerns can also be raised by email to [email protected]. Please note that the helpline is not intended for use in emergency situations, such as a child being at immediate risk of harm or a security incident, in which case the normal emergency procedures should be followed.

10

© Crown copyright 2015 This publication (not including logos) is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To view this licence: visit www.nationalarchives.gov.uk/doc/open-government-licence/version/3 email [email protected] write to Information Policy Team, The National Archives, Kew, London, TW9 4DU About this publication: enquiries www.education.gov.uk/contactus download www.gov.uk/government/publications Reference:

DFE-00174-2015 Follow us on Twitter: @educationgovuk

Like us on Facebook: facebook.com/educationgovuk

11

Multi-agency statutory guidance on female genital mutilation

April 2016

Contents Chapter 1: Status and Purpose of this Document ................................................. 1 1.1.

Status ............................................................................................................... 1

1.2.

Audience .......................................................................................................... 2

1.3.

Aim and Purpose ............................................................................................. 3

1.4.

Principles Supporting the Guidance ................................................................. 4

1.5.

Definitions ........................................................................................................ 5

Chapter 2: Understanding FGM ............................................................................... 8 2.1.

What is FGM? .................................................................................................. 8

2.2.

Types of FGM .................................................................................................. 9

2.3.

International Prevalence of FGM ..................................................................... 9

2.4.

Prevalence of FGM in England and Wales .................................................... 11 2.4.1

Prevalence of FGM at a Local Level ................................................. 11

2.5.

Names for FGM ............................................................................................. 12

2.6.

FGM and Other Forms of Violence Against Women and Girls ....................... 12

Chapter 3: The Law in England and Wales........................................................... 13 3.1.

3.2.

3.3.

Female Genital Mutilation Act 2003 ............................................................... 14 3.1.1

Failing to Protect a Girl from Risk of FGM ......................................... 14

3.1.2

Extra-Territorial Offences .................................................................. 16

3.1.3

Other Offences .................................................................................. 16

3.1.4

WHO Classifications of FGM and the 2003 Act ................................. 17

3.1.5

Significant Harm ................................................................................ 18

3.1.6

Exemptions Under the 2003 Act ........................................................ 18

3.1.7

Re-Infibulation ................................................................................... 19

3.1.8

Female Genital Surgery .................................................................... 19

Anonymity of Victims of FGM ......................................................................... 19 3.2.1

Exemptions........................................................................................ 20

3.2.2

Breach of the Restrictions ................................................................. 20

3.2.3

Defences ........................................................................................... 20

FGM Protection Orders (FGMPO) ................................................................. 21 3.3.1

Applications ....................................................................................... 22

3.3.2

Conditions of an Order ...................................................................... 22

3.3.3

Breach ............................................................................................... 23 Multi-agency statutory guidance on female genital mutilation | i

3.3.4 3.4.

Sharing Information about an FGMPO .............................................. 23

FGM Mandatory Reporting Duty .................................................................... 24 3.4.1

Professionals Not Subject to the Mandatory Reporting Duty ............. 26

3.4.2

Safeguarding Duty in Wales .............................................................. 26

Chapter 4: Working Together to Tackle FGM ....................................................... 27 4.1.

Introduction .................................................................................................... 27

4.2.

A Strategic Response / Actions for Heads of Organisations .......................... 28

4.3.

A Victim-Centred and Multi-Agency Approach ............................................... 28

4.4.

Commissioning Services ................................................................................ 29

4.5.

Awareness and Training ................................................................................ 30

4.6.

Working with Communities and Community Groups ...................................... 31 4.6.1

Working with Communities to End FGM ............................................ 31

4.6.2

Community Groups ........................................................................... 32

4.6.3

Working with Survivors ...................................................................... 32

CASE STUDY: Working with community groups - North East FGM Forum ... 33 4.7.

Information Sharing ........................................................................................ 34

Annex A: Background on FGM .............................................................................. 36 A.1.

Cultural Underpinnings and Motives of FGM ................................................. 36

A.2.

Medicalisation of FGM ................................................................................... 36

A.3.

Consequences of FGM .................................................................................. 37 A.3.1

Immediate/Short-Term Consequences of FGM ................................. 37

A.3.2

Long-Term Consequences of FGM ................................................... 37

Annex B: Risk ......................................................................................................... 38 B.1.

Risk Factors ................................................................................................... 38 B.1.2

Indicators that FGM May Have Already Taken Place ........................ 40

Annex C: Talking About FGM ................................................................................ 42 C.1.

Introduction to Talking About FGM ................................................................ 42

C.2.

Preparing to Speak to Individuals and Families ............................................. 43 C.2.1

C.3.

Using Translators .............................................................................. 45

Communicating in Written and Public Formats .............................................. 45

Annex D: Safeguarding .......................................................................................... 46 D.1.

FGM: Part of Wider Safeguarding Responsibilities ........................................ 46

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D.2.

Safeguarding Effectively ................................................................................ 47 D.2.1

Girl (Under 18) who is Suspected to have Undergone FGM ............. 49

D.2.2

Girl (Under 18) or Vulnerable Adult who is Suspected to be at Risk 49

D.2.3

Girl (Under 18) or Vulnerable Adult who has Previously Been Identified as at Risk of FGM.............................................................................. 50

D.2.4

FGM Disclosed by or Visually Identified in a Girl (Under 18) ............. 51

D.2.5

Adult who has had FGM .................................................................... 51

D.2.6

Professionals Working in Wales: Additional Considerations ............. 51

D.2.7

Safeguarding Other Family Members ................................................ 52

D.2.8

Women and Girls from Overseas ...................................................... 52

D.2.9

NHS Staff in England: Additional Considerations .............................. 53

D.2.10 Police: Additional Considerations ...................................................... 54 D.2.11 School, Colleges and Universities: Additional Considerations .......... 59 CASE STUDY: Norbury School ..................................................................... 61 Annex E: Legal Interventions ................................................................................ 62 E.1.

Police Protection ............................................................................................ 63

E.2.

FGM Protection Orders .................................................................................. 64

E.3.

Emergency Protection Orders (EPO) Under S. 44 of the Children Act 1989.. 65

E.4.

Care Orders and Supervision Orders ............................................................. 65

E.5.

Inherent Jurisdiction ....................................................................................... 66 E.5.1

E.6.

Applications for Wardship .................................................................. 66

Repatriation.................................................................................................... 68

Annex F: Care and Support ................................................................................... 69 F.1.

Health Services .............................................................................................. 69

F.2.

Counselling and Psychological Services ........................................................ 69

F.3.

Safety of Service Users.................................................................................. 70

F.4.

Child Protection Examinations ....................................................................... 70

Annex G: Terms Used for FGM In Other Languages ........................................... 71 Annex H: Contact Information ............................................................................... 72 Annex I: Resources ................................................................................................ 74 Annex J: Making an Application for an FGM Protection Order (FGMPO) .......... 78

Multi-agency statutory guidance on female genital mutilation | iii

Chapter 1: Status and Purpose of this Document 1.1.

Status

This statutory guidance is being issued under section 5C(1) of the Female Genital Mutilation Act 20031 and extends to England and Wales only. Section 5C(1) states: “(1) The Secretary of State may issue guidance to whatever persons in England and Wales the Secretary of State considers appropriate about— (a)

the effect of any provision of this Act, or

(b)

other matters relating to female genital mutilation.

(2) A person exercising public functions to whom guidance is given under this section must have regard to it in the exercise of those functions. (3) Nothing in this section permits the Secretary of State to give guidance to any court or tribunal.” As statutory guidance issued under section 5C of the 2003 Act, a person exercising public functions to whom this guidance is given must have regard to it in the exercise of those functions. This means that a person to whom the guidance is given must take the guidance into account and, if they decide to depart from it, have clear reasons for doing so. It contains guidance which should be followed by all; these sections are generally identified by the use of the word ‘should’ and are contained within the main body of the guidance. It also contains guidance that may be appropriate for some individuals, but may not be required by others. This latter guidance is identified by terminology such as ‘you may find it useful to’ and is set out within the Annexes.

1

As amended by the Serious Crime Act 2015.

Multi-agency statutory guidance on female genital mutilation | 1

1.2.

Audience

This multi-agency statutory guidance should be read and followed by all persons and bodies in England and Wales who are under statutory duties to make arrangements to discharge their functions having regard to the need to safeguard and promote the welfare of children2 and vulnerable adults. The following list is not exhaustive, however such persons and bodies include: 

local authorities and district councils;



National Health Service (NHS) and independent service providers;



NHS England;



NHS Wales;



clinical commissioning groups (CCGs);



NHS Trusts;



NHS Foundation Trusts;



the police;



governing bodies of maintained schools and colleges;



proprietors of independent schools (including academies, free schools and alternative provision academies) and non-maintained special schools; and



management committees of pupil referral units (PRUs).

Professionals working in these organisations and who undertake these duties are responsible for ensuring that they fulfil their role and responsibilities in a manner consistent with the statutory duties of their employer. The information within this guidance may also be relevant to bodies working with women and girls at risk of female genital mutilation (FGM) or dealing with its consequences.

2

For example, under section 11(1) or section 28(1) of the Children Act 2004, section 175(2) of the Education Act 2002; section 55 of the Borders, Citizenship and Immigration Act 2009, paragraph 7(a) of the Schedule to the Education (Independent School Standards) Regulations 2014 and paragraph 3 of the Schedule to the Education (Non-Maintained Special Schools) (England) Regulations 2011.

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1.3.

Aim and Purpose

This guidance should be considered in conjunction with other relevant safeguarding guidance, including, but not limited to, Working Together to Safeguard Children (2015)3 in England or Safeguarding Children: Working Together under the Children Act 2004 (2007)4 in Wales. This document is not intended to replace wider safeguarding guidance, but to provide additional advice on FGM. This statutory guidance sets out the responsibilities of chief executives, directors, senior managers and front-line professionals within agencies involved in safeguarding and supporting women and girls affected by FGM. This guidance has three key functions: 

to provide information on FGM, including on the law on FGM in England and Wales. This is set out in the main body of this document;



to provide strategic guidance on FGM for chief executives, directors and senior managers of persons and bodies mentioned above, or of third parties exercising public protection functions on behalf of those persons or bodies. This guidance is set out in the main body of this document; and



to provide advice and support to front-line professionals who have responsibilities to safeguard and support women and girls affected by FGM, in particular to assist them in: o identifying when a girl or young woman may be at risk of FGM and responding appropriately; o identifying when a girl or woman has had FGM and responding appropriately; and o implementing measures that can prevent and ultimately help end the practice of FGM.

This guidance encourages agencies to cooperate and work together to protect and support those at risk of, or who have undergone, FGM.

3 4

www.gov.uk/government/publications/working-together-to-safeguard-children--2 www.gov.wales/topics/health/publications/socialcare/circular/nafwc1207/?lang=en f

Multi-agency statutory guidance on female genital mutilation | 3

1.4.

Principles Supporting the Guidance

FGM is a criminal offence – it is child abuse and a form of violence against women and girls, and therefore should be treated as such. Cases should be dealt with as part of existing structures, policies and procedures on child protection and adult safeguarding. There are, however, particular characteristics of FGM that front-line professionals should be aware of to ensure that they can provide appropriate protection and support to those affected. The following principles should be adopted by all agencies in relation to identifying and responding to those at risk of, or who have undergone FGM, and their parent(s) or guardians:

5 6



the safety and welfare of the child is paramount;



all agencies should act in the interests of the rights of the child, as stated in the United Nations Convention on the Rights of the Child (1989);



FGM is illegal in the UK (see Chapter 3);



FGM is an extremely harmful practice - responding to it cannot be left to personal choice;



accessible, high quality and sensitive health, education, police, social care and voluntary sector services must underpin all interventions;



as FGM is often an embedded social norm, engagement with families and communities plays an important role in contributing to ending it; and



all decisions or plans should be based on high quality assessments (in accordance with Working Together to Safeguard Children (2015)5 statutory guidance in England, and the Framework for the Assessment of Children in Need and their Families in Wales (2001)6).

www.gov.uk/government/publications/working-together-to-safeguard-children--2 http://gov.wales/topics/health/publications/socialcare/guidance1/childreninneed/?lang=en

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1.5.

Definitions

For the purpose of this guidance, the following definitions apply: Adult/Woman ‘Adult’ is defined as a person aged 18 years or over. Child/Girl/Young Person As defined in the Children Acts 1989 and 2004, ‘child’ means a person under the age of 18. This includes young people aged 16 and 17 who are living independently; their status and entitlement to services and protection under the Children Act 1989 is not altered by the fact that they are living independently. Child Abuse and Neglect Throughout this document, the recognised categories of maltreatment are those set out in Working Together to Safeguard Children (2015)7 (for England) and Safeguarding Children – Working Together under the Children’s Act 2004(2007)8 (for Wales). These are:    

physical abuse emotional abuse sexual abuse neglect

Child in Need Children shall be taken to be ‘in need’ under section 17 of the Children Act 1989, for the purposes of Part III of that Act, where:   

they are unlikely to achieve or maintain, or have the opportunity to achieve or maintain, a reasonable standard of health or development; their health or development is likely to be significantly impaired, or further impaired, without the provision of services by a local authority under Part III of that Act; they are disabled.

Under section 17 of that Act, local authorities have a general duty to safeguard and promote the welfare of children within their area who are in need and, so far as is consistent with that duty, to promote the upbringing of such children by their families, by providing a range and level of services appropriate to those children’s needs. 7 8

www.gov.uk/government/publications/working-together-to-safeguard-children--2 http://gov.wales/topics/health/publications/socialcare/circular/nafwc1207/?lang=en f

Multi-agency statutory guidance on female genital mutilation | 5

Domestic Violence/Abuse 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 members9 regardless of gender or sexuality. This can encompass, but is not limited to, the following types of abuse:     

psychological physical sexual financial emotional

Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour. Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. The Government definition, which is not a legal definition, includes so called 'honour’ based violence, including FGM and forced marriage, and is clear that victims are not confined to one gender or ethnic group. Forced Marriage A forced marriage is a marriage in which one or both spouses do not (or, in the case of some adults with learning or physical disabilities or mental incapacity, cannot) consent to the marriage and violence, threats or any other form of coercion is involved. Coercion may include emotional force, physical force or the threat of physical force and financial pressure. Infibulation Infibulation (Type 3 FGM) is the narrowing of the vaginal opening through the creation of a covering seal. The seal is formed by cutting and repositioning the inner, or outer, labia.

9

Family members are: mother, father, son, daughter, brother, sister & grandparents; directly-related, in-laws or step-family.

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De-infibulation De-infibulation is a minor surgical procedure to divide the scar tissue sealing the vaginal entrance in Type 3 FGM. De-infibulation is sometimes termed a ‘reversal’ of FGM. This, however, is incorrect as it does not replace genital tissue or restore normal genital anatomy and function. Re-infibulation or Re-Suturing Re-infibulation refers to the re-suturing (usually after childbirth) of the incised scar tissue in a woman with FGM Type 2 or 3. Significant Harm The Children Act 1989 introduced the concept of ‘significant harm’ as the threshold that justifies compulsory intervention in family life in the best interests of children and young people. Harm is defined at section 31(9), Children Act 1989, whilst section 31(10) provides limited guidance as to what will be considered significant harm. Local authorities have a duty to make enquiries to decide whether they should take action to safeguard or promote the welfare of a child who is suffering, or likely to suffer, significant harm under section 47 of the Children Act 1989. The definition of harm at section 31(9) was amended by the Adoption and Children Act 2002 to include, “for example, impairment suffered from seeing or hearing the ill-treatment of another”.

Note on the use of ‘victim’: The term ‘victim’ is used in this document to denote women or girls who have undergone FGM. This term is used particularly in the context of explanation of the law on FGM to describe those who have been the subject of a criminal offence. It should be noted that not everyone who has been subjected to FGM chooses to describe themselves as a ‘victim’ and may prefer another term, for example, ‘survivor’.

Multi-agency statutory guidance on female genital mutilation | 7

Chapter 2: Understanding FGM This chapter provides information for heads of organisations and front-line professionals who have a statutory duty to protect children and vulnerable adults. Key points 

FGM is illegal in the UK. For the purpose of the criminal law in England and Wales, FGM is mutilation of the labia majora, labia minor or clitoris.



FGM is an unacceptable practice for which there is no justification. It is child abuse and a form of violence against women and girls.



FGM is prevalent in 30 countries. These are concentrated in countries around the Atlantic coast to the Horn of Africa, in areas of the Middle East, and in some countries in Asia.



It is estimated that approximately 103,000 women aged 15-49 and approximately 24,000 women aged 50 and over who have migrated to England and Wales are living with the consequences of FGM. In addition, approximately 10,000 girls aged under 15 who have migrated to England and Wales are likely to have undergone FGM.



FGM is a deeply embedded social norm, practised by families for a variety of complex reasons. It is often thought to be essential for a girl to become a proper woman, and to be marriageable. The practice is not required by any religion.

2.1.

What is FGM?

FGM is a procedure where the female genital organs are injured or changed and there is no medical reason for this. It is frequently a very traumatic and violent act for the victim and can cause harm in many ways. The practice can cause severe pain and there may be immediate and/or long-term health consequences, including mental health problems, difficulties in childbirth, causing danger to the child and mother; and/or death. The age at which FGM is carried out varies enormously according to the community. The procedure may be carried out shortly after birth, during childhood or adolescence, just before marriage or during a woman’s first pregnancy.

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2.2.

Types of FGM

FGM has been classified by the World Health Organisation (WHO) into four types: 

Type 1 – Clitoridectomy: partial or total removal of the clitoris (a small, sensitive and erectile part of the female genitals) and, in very rare cases, only the prepuce (the fold of skin surrounding the clitoris);



Type 2 – Excision: partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora (the labia are the ‘lips’ that surround the vagina);



Type 3 – Infibulation: narrowing of the vaginal opening through the creation of a covering seal. The seal is formed by cutting and repositioning the inner, or outer, labia, with or without removal of the clitoris; and



Type 4 – Other: all other harmful procedures to the female genitalia for nonmedical purposes, e.g. pricking, piercing, incising, scraping and cauterising the genital area.

The extent to which the WHO classifications of FGM come within the ambit of the criminal law is discussed at Section 3.1.4. 2.3.

International Prevalence of FGM

FGM is a deeply rooted practice, widely carried out mainly among specific ethnic populations in Africa and parts of the Middle East and Asia. It serves as a complex form of social control of women’s sexual and reproductive rights. The exact number of girls and women alive today who have undergone FGM is unknown, however, UNICEF estimates that over 200 million girls and women worldwide have undergone FGM10. While FGM is concentrated in countries around the Atlantic coast to the Horn of Africa, and areas of the Middle East like Iraq and Yemen, it has also been documented in communities in:      

Colombia; Iran; Israel; Oman; The United Arab Emirates; The Occupied Palestinian Territories;

    

India; Indonesia; Malaysia; Pakistan; and Saudi Arabia.

It has also been identified in parts of Europe, North America and Australia. 10

UNICEF (2016) Female Genital Mutilation/ Cutting: a Global Concern: www.data.unicef.org/resources/female-genital-mutilation-cutting-a-global-concern.html

Multi-agency statutory guidance on female genital mutilation | 9

Figure 1: Percentage of girls and women aged 15-49 who have undergone FGM in Africa, the Middle East, and Indonesia

Notes: In Liberia, girls and women who have heard of the Sande society were asked whether they were members; this provides indirect information on FGM since it is performed during initiation into the society. Data for Indonesia refer to girls aged 0 to 11 years since prevalence data on FGM among girls and women aged 15 to 49 years is not available. Source: UNICEF global databases, 2016, based on DHS, MICS and other nationally representative surveys, 2004-2015. Map disclaimer

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2.4.

Prevalence of FGM in England and Wales

The prevalence of FGM in England and Wales is difficult to estimate because of the hidden nature of the crime. However, a 2015 study11 estimated that: 

approximately 60,000 girls aged 0-14 were born in England and Wales to mothers who had undergone FGM (see Annex B for risk factors); and



approximately 103,000 women aged 15-49 and approximately 24,000 women aged 50 and over who have migrated to England and Wales are living with the consequences of FGM. In addition, approximately 10,000 girls aged under 15 who have migrated to England and Wales are likely to have undergone FGM.

2.4.1 Prevalence of FGM at a Local Level Local data should be used to understand the scale and needs of the population affected by FGM in a particular area. The 2015 study12 reported that no local authority area in England and Wales is likely to be free from FGM entirely. Regional breakdowns of these prevalence estimates13 show that while urban areas, and specifically London, have the highest estimated prevalence, every area is likely to be affected in some way. It should also be noted that women and girls from affected communities living in low prevalence areas may be more isolated and in greater need of targeted support. The Health and Social Care Information Centre publishes quarterly statistics14 on the profile of patients treated within the National Health Service in England who are identified through their treatment as having had FGM15. In Wales, each health board’s FGM lead collates instances of FGM identified within their organisation.

11 12 13 14 15

Macfarlane A, Dorkenoo E. (2015) Prevalence of Female Genital Mutilation in England and Wales: National and local estimates. London: City University London and Equality Now http://openaccess.city.ac.uk/12382/ Macfarlane A, Dorkenoo E. (2015) Prevalence of Female Genital Mutilation in England and Wales: National and local estimates. London: City University London and Equality Now http://openaccess.city.ac.uk/12382/ http://openaccess.city.ac.uk/12382/ (see dataset) www.hscic.gov.uk/searchcatalogue?q=%22female+genital+mutilation%22&area=&size=10& sort=Relevance www.hscic.gov.uk/fgm

Multi-agency statutory guidance on female genital mutilation | 11

2.5.

Names for FGM

FGM is known by a variety of names, including ‘female genital cutting’, ‘circumcision’ or ‘initiation’. The term ‘female circumcision’ is anatomically incorrect and misleading in terms of the harm FGM can cause. The terms ‘FGM’ or ‘cut’ are increasingly used at a community level, although they are not always understood by individuals in practising communities, largely because they are English terms. See Annex G for terms used for FGM in different languages and Annex C for advice about how to talk about FGM. 2.6.

FGM and Other Forms of Violence Against Women and Girls

FGM is a form of violence against women and girls which is, in itself, both a cause and consequence of gender inequality16. Whilst FGM may be an isolated incident of abuse within a family, it can be associated with other behaviours that discriminate against, limit or harm women and girls. These may include other forms of honourbased violence (e.g. forced marriage) and domestic abuse. There have been reports of cases where individuals have been subjected to both FGM and forced marriage17. If a professional has a concern about an individual who may be at risk of forced marriage, they should consult the multi-agency practice guidelines on handling cases of forced marriage18. Further information about FGM, including the motives for and consequences of it, can be found in Annex A.

16 17 18

www.who.int/violence_injury_prevention/violence/4th_milestones_meeting/publications/en/ Civil protection for (potential) victims of forced marriage is covered by the Forced Marriage (Civil Protection) Act 2007. www.gov.uk/forced-marriage#guidance-for-professionals

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Chapter 3: The Law in England and Wales This chapter provides information for heads of organisations and front-line professionals who have a statutory responsibility to protect children and vulnerable adults. Key points FGM is illegal in England and Wales under the Female Genital Mutilation Act 2003. As amended by the Serious Crime Act 2015, the Female Genital Mutilation Act 2003 now includes: 

An offence of failing to protect a girl from the risk of FGM;



Extra-territorial jurisdiction over offences of FGM committed abroad by UK nationals and those habitually (as well as permanently) resident in the UK;



Lifelong anonymity for victims of FGM;



FGM Protection Orders which can be used to protect girls at risk; and



A mandatory reporting duty which requires specified professionals to report known cases of FGM in under 18s to the police.

In England and Wales, criminal and civil legislation on FGM is contained in the Female Genital Mutilation Act 200319 (“the 2003 Act”).

19

Parts of the 2003 Act also apply in Northern Ireland. In Scotland, FGM legislation is contained in the Prohibition of Female Genital Mutilation (Scotland) Act 2005.

Multi-agency statutory guidance on female genital mutilation | 13

3.1.

Female Genital Mutilation Act 2003

Under section 1(1) of the 2003 Act, a person is guilty of an offence if they excise, infibulate or otherwise mutilate the whole or any part of a girl’s labia majora, labia minora or clitoris. Section 6(1) of the 2003 Act provides that the term “girl” includes “woman” so the offences in sections 1 to 3 apply to victims of any age. Other than in the excepted circumstances set out in sections 1(2) and (3), it is an offence for any person (regardless of their nationality or residence status) to: 

perform FGM in England or Wales (section 1 of the 2003 Act);



assist a girl to carry out FGM on herself in England or Wales (section 2 of the 2003 Act); and



assist (from England or Wales) a non-UK national or UK resident to carry out FGM outside the UK on a UK national or UK resident20 (section 3 of the 2003 Act).

Provided that the FGM takes place in England or Wales, the nationality or residence status of the victim is irrelevant. Any person found guilty of an offence under section 1, 2, or 3 of the 2003 Act is liable to a maximum penalty of 14 years’ imprisonment or a fine (or both). 3.1.1 Failing to Protect a Girl from Risk of FGM Section 3A of the 2003 Act21 provides for an offence of failing to protect a girl from the risk of FGM. This means that if an offence under section 1, 2 or 3 of the 2003 Act is committed against a girl under the age of 16, each person who is responsible for the girl at the time the FGM occurred could be liable under the offence. The term “responsible” covers two classes of person:

20 21



a person who has “parental responsibility” for the girl and has “frequent contact” with her; and



a person aged 18 or over who has assumed (and not relinquished) responsibility for caring for the girl “in the manner of a parent”.

A “UK resident” is defined as an individual who is habitually resident in the UK. As inserted by section 72 of the Serious Crime Act 2015.

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Those who have parental responsibility and the means by which they can acquire it are set out in the Children Act 1989 (in the case of England and Wales). It includes, for example: 

a child’s biological mother;



a father who is married to the mother of the child when the child is born;



an unmarried father registered on the child’s birth certificate at the time of their birth;



guardians; and



persons named in a Child Arrangements Order.

The requirement in the first case for “frequent contact” is intended to ensure that a person who, in law, has parental responsibility for a girl, but who in practice has little or no contact with her, would not be liable. For example, where the parents of a girl were separated and lived apart with one parent having little or no contact with the daughter, the intention is that that parent would not be liable for the offence. Similarly, the requirement in the second case that the person should be caring for the girl “in the manner of a parent” is intended to ensure that a person who is looking after a girl for a very short period – such as a babysitter – would not be liable. A person who has assumed responsibility for caring for the girl in the manner of a parent may include, for example, grandparents with whom the girl has gone to stay for an extended summer holiday. In such circumstances, those persons with parental responsibility for the girl would continue to be liable for the offence. It is not intended, for example, to include teachers working in their professional capacity. In either case, liability for the offence is subject to two statutory defences. The first defence is that the defendant did not think that there was a significant risk of FGM being committed, and they could not reasonably have been expected to be aware of such a risk. The second defence is that the defendant took such steps as he or she could reasonably have been expected to take to protect the girl from becoming a victim of FGM. If the defendant produces sufficient evidence of either defence, the onus would then be on the prosecution to prove that the defence does not apply. What constitutes reasonable steps would depend on the circumstances of the case. For example, the steps considered reasonable for a woman to take in the case where her overbearing and violent husband or another family member has arranged for FGM to be carried out on their daughter may well differ from those taken by a woman who is not subject to those pressures. Whether a defendant has taken such steps as could reasonably have been expected will need to be assessed on a case-by-case basis. Any person found guilty of an offence under section 3A of the 2003 Act is liable to a maximum penalty of 7 years’ imprisonment or a fine (or both).

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3.1.2 Extra-Territorial Offences Section 4(1) of the 2003 Act extends sections 1 to 3 to extra-territorial acts so that it is also an offence for a UK national or UK resident to: 

perform FGM outside the UK (sections 4 and 1 of the 2003 Act);



assist a girl to perform FGM on herself outside the UK (sections 4 and 2 of the 2003 Act); and



assist (from outside the UK) a non-UK national or UK resident to carry out FGM outside the UK on a UK national or UK resident (sections 4 and 3 of the 2003 Act).

The extra-territorial offences are intended to cover taking a girl abroad to be subjected to FGM. By virtue of section 1(4) of the 2003 Act, the exceptions set out in sections 1(2) and (3) also apply to the extra-territorial offences. Section 4(1A) of the 2003 Act provides that an offence under section 3A can be committed wholly or partly outside the UK by a person who is a UK national or UK resident. 3.1.3 Other Offences Under provisions of the law which apply generally to criminal offences it is also an offence to: 

aid, abet, counsel or procure a person to commit an FGM offence22;



encourage or assist a person to commit an FGM offence23;



attempt to commit an FGM offence24: and



conspire to commit an FGM offence25.

Any person found guilty of such an offence faces the same maximum penalty as for the offences under the 2003 Act.

22 23 24 25

Common law. Sections 44-46 of the Serious Crime Act 2007. Section 1 of the Criminal Attempts Act 1981. Section 1 of the Criminal Law Act 1977.

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3.1.4 WHO Classifications of FGM and the 2003 Act Excision and infibulation are examples of what constitutes mutilation for the purpose of the 2003 Act but the term “mutilate” is not defined in the Act. The interpretation of the legislation, including whether a particular procedure amounts to mutilation, is a matter for the criminal courts to determine in cases brought before them. In the absence of any conviction for FGM, there is currently no criminal case law on what does or does not amount to mutilation for the purpose of the 2003 Act. The World Health Organisation (WHO) classifications of FGM and section 1 of the 2003 Act were, however, considered by the Family Court in the context of care proceedings in the case of B and G (Children) (No 2)26. In his judgment of 15 January 201527, the President of the Family Division said (at paragraph 11): “It will be seen that for the purposes of the criminal law what is prohibited is to “excise, infibulate or otherwise mutilate” the “whole or any part” of the “labia majora, labia minora or clitoris.” This brings within the ambit of the criminal law all forms of FGM of WHO Types I, II and III (including, it may be noted, Type 1a28). But WHO Type IV comes within the ambit of the criminal law only if it involves “mutilation” [emphasis added].” The President went on to say (at paragraph 70): “whether a particular case of FGM Type IV….involves mutilation is in my determination not a matter for determination by the family court and certainly not a matter I need to determine in the present case. It is a matter properly for determination by a criminal court as and when the point arises for decision in a particular case [emphasis added].” It follows from the above that, unless and until a criminal court decides the point in a particular case, there can be no certainty that any of the procedures classified by WHO as Type 4 FGM, including piercing, amounts to mutilation. The most that can be said is that Type 4 FGM may be an offence under section 1 of the 2003 Act. Whether it does in fact constitute such an offence would depend on the particular circumstances. For the purpose of complying with the statutory duty under section 5B of the 2003 Act to notify the police of FGM, relevant professionals are not required to be satisfied that the circumstances disclosed to them or the physical signs they have observed involve the commission of a criminal offence under the 2003 Act.

26 27 28

[2015] EWFC 3. www.judiciary.gov.uk/wp-content/uploads/2015/01/BandG_2_.pdf Removal of the clitoral hood or prepuce only.

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The duty to report applies where the relevant professional observes physical signs on the girl which appear to show that an act of FGM has been carried out on her, and the relevant professional has no reason to believe that the act was part of a permitted surgical operation; or where the girl informs the relevant professional that an act of FGM has been carried out on her. It is for the police, upon receipt of a report, to investigate the circumstances and to conduct enquiries into any alleged offence. The Crown Prosecution Service (CPS) will decide whether a person should be charged with a criminal offence and, if so, what that offence should be and whether a prosecution will take place. As with every criminal offence, the CPS will apply the two-stage test in the Code for Crown Prosecutors in deciding whether to proceed with a prosecution: (1) whether there is sufficient evidence to provide a realistic prospect of conviction; and, if so, (2) whether a prosecution is in the public interest. 3.1.5 Significant Harm In the case of B and G (Children) (No 2), the President of the Family Division concluded that all types of FGM (including Type 4) constitute “significant harm” for the purposes of family law. Professionals should, therefore, have regard to their wider safeguarding responsibilities in relation to FGM as well as to the statutory duty in section 5A of the 2003 Act. 3.1.6 Exemptions Under the 2003 Act In strict anatomical terms, there is little to distinguish some of the procedures involved in carrying out FGM from those involved in carrying out legitimate surgery. The 2003 Act therefore contains general exemptions for: 

a surgical operation performed by a registered medical practitioner which is necessary for a girl’s physical or mental health; or



an operation performed by a registered medical practitioner or midwife (including a person undergoing training with a view to becoming a medical practitioner or midwife) on a girl who is in labour or has just given birth, for purposes connected with the labour or birth.

These exemptions are set out in sections 1(2) and (3) of the 2003 Act. Section 1(5) of the 2003 Act provides that for the purposes of determining whether an operation is necessary for the mental health of a girl it is immaterial whether she or any other person believes that the operation is required as a matter of custom or ritual. So FGM could not legally occur on the ground that a girl’s mental health would suffer if she does not follow the prevailing custom of her community.

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3.1.7 Re-Infibulation Re-infibulation is when the raw edges of the FGM wound are sutured again following childbirth, recreating a small vaginal opening similar to the original FGM Type 3 appearance. Section 1 of the 2003 Act does not refer explicitly to re-infibulation but, as a matter of common sense, if it is an offence to infibulate it must equally be an offence to re-infibulate. The first prosecution for FGM in February 2015, which concerned an alleged act of re-infibulation, provides support for that view. Although the case did not result in a conviction, it is clear that the court, by agreeing that the evidence should be considered by a jury, proceeded on the basis that re-infibulation is covered by section 1 of the 2003 Act. 3.1.8 Female Genital Surgery The 2003 Act contains no specific exemption for ‘cosmetic’ surgery or female genital cosmetic surgery (FGCS). If a procedure involving any of the acts prohibited by section 1 of the 2003 Act is not necessary for physical or mental health or is not carried out for purposes connected with childbirth then it is an offence (even if the girl or woman on whom the procedure is carried out consented). The Royal College of Obstetricians and Gynaecologists is clear in its guideline (“Female Genital Mutilation and its Management (Green-top Guideline No. 53)”, published on 10 July 2015) that “All surgeons who undertake FGCS must take appropriate measures to ensure compliance with the FGM Act”. As set out above, it is for the police to investigate any alleged offence and for the CPS to decide whether a prosecution under the 2003 Act is appropriate and it would ultimately be for a criminal court to determine, as and when the point arises for decision in a particular case, if non-medically indicated genital surgery constitutes mutilation and is therefore an offence under the 2003 Act. 3.2.

Anonymity of Victims of FGM

Section 4A and Schedule 1 of the 2003 Act29 make provision for the anonymity of victims of FGM in England and Wales (and Northern Ireland). The provisions are modelled on those in the Sexual Offences (Amendment) Act 1992 which protect the anonymity of victims of certain sexual offences, such as rape, as soon as an allegation is made.

29

As inserted by section 71 of the Serious Crime Act 2015.

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The effect of these provisions is to prohibit the publication of any matter that would be likely to lead members of the public to identify a person as the alleged victim of an offence under the 2003 Act (including the offence of failing to protect a girl at risk of genital mutilation under section 3A of the 2003 Act, as well as aiding, abetting, counselling and procuring the “principal offence”). The prohibition lasts for the lifetime of the alleged victim. The prohibition covers not just more immediate identifying information, such as the name and address or a photograph of the alleged victim, but any other information which, whether on its own or pieced together with other information, would be likely to lead members of the public to identify the alleged victim. “Publication” is given a broad meaning and would include traditional print media, broadcasting and social media such as Twitter or Facebook. 3.2.1 Exemptions There are two limited circumstances where the court may disapply the restrictions on publication: 

the first is where a person being tried for an FGM offence could have their defence substantially prejudiced if the restriction to prevent identification of the person against whom the allegation of FGM was committed is not lifted; and



the second is where preventing identification of the person against whom the allegation of FGM was committed is to impose a substantial and unreasonable restriction on the reporting of the proceedings and it is in the public interest to remove the restriction.

3.2.2 Breach of the Restrictions Contravention of the prohibition on publication is an offence. It will not be necessary for the prosecution to show that the defendant intended to identify the victim. In relation to newspapers or other periodicals (whether in print form or online editions) and radio and television programmes, the offence is directed at proprietors, editors, publishers or broadcasters rather than individual journalists. Any prosecution for the offence requires the consent of the Attorney General or the Director of Public Prosecutions for Northern Ireland as the case may be. 3.2.3 Defences There are two defences: 

the first is where the defendant had no knowledge (and no reason to suspect) that the publication included the relevant content or that a relevant allegation had been made; and



the second is where the victim (where aged 16 or over) had freely given written consent to the publication. These defences impose a reverse burden on the defendant, that is, it is for the defendant to prove that the defence is made out on a balance of probabilities, rather than imposing a requirement on the prosecution to show, beyond reasonable doubt, that the defence does not apply.

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3.3.

FGM Protection Orders (FGMPO)

An FGMPO is a civil order which may be made for the purposes of protecting a girl30 against the commission of an FGM offence – that is, protecting a girl at risk of FGM or protecting a girl against whom an FGM offence has been committed. In deciding whether to make an order a court must have regard to all the circumstances of a case including the need to secure the health, safety and well-being of the potential or actual victim. The court can make an order which prohibits, requires, restricts or includes any other such other terms as it considers appropriate to stop or change the behaviour or conduct of those who would seek to subject a girl to FGM or have already arranged for, or committed, FGM. Examples of the types of orders the court might make are: 

to protect a victim or potential victim at risk of FGM from being taken abroad;



to order the surrender of passports or any other travel documents, including the passport/travel documentation of the girl to be protected;



to prohibit specified persons (`respondents’) from entering into any arrangements in the UK or overseas for FGM to be performed on the person to be protected;



to include terms which relate to the conduct of the individuals named in the order both inside and outside of England and Wales; and



to include terms which cover individuals who are, or may become involved in other respects (or instead of the original respondents) and who may commit or attempt to commit FGM against a girl.

Orders may also be made against people, who are not named in the application. This is in recognition of the complexity of the issues and the numbers of people who might be involved in the wider community. Additional information on legal interventions is contained at Annex E.

30

“girl” is used throughout this section, but by virtue of section 6(1) of the 2003 Act, “girl” includes woman’, i.e. a woman of any age can be protected by an FGMPO.

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3.3.1 Applications An application for an FGMPO can be made to the High Court or the family court by the person to be protected (the victim), or a “relevant third party” (a person or body specified, or in a class specified by the Lord Chancellor for this purpose) without the leave the court. Local authorities have been specified as a “relevant third party”31. An application can also be made by ‘any other person’ with the leave of the court. In deciding whether to grant leave, the court must have regard to all the circumstances, including the applicant’s connection with, and knowledge of, the circumstances of the girl. More information on applying for FGMPOs can be found on GOV.uk32. A court can also make an FGMPO without application being made to it in certain family proceedings. In addition, a criminal court can also make an FGMPO, without application, in criminal proceedings for a genital mutilation offence where the person who would be a respondent to any proceedings for an FGMPO is a defendant in the criminal proceedings. An FGMPO can be made in such criminal proceedings to protect a girl at risk, whether or not they are the victim of the offence in relation to the criminal proceedings. For example, the younger sister of the victim of a genital mutilation offence could also be protected by the court in criminal proceedings. An application for a FGMPO is not an alternative to the work of the police and CPS in investigating and prosecuting crimes. Crimes may be investigated and offenders prosecuted at the same time as an application is made for an FGMPO or an order is in force. 3.3.2 Conditions of an Order The terms of an FGMPO may relate to conduct inside and/or outside of England and Wales (or Northern Ireland). An FGMPO may be made for a specified period or until varied or discharged. The applicant or the court must serve the order on the police, including the local police station of the girl being protected. When local authorities have obtained a FGMPO or are aware that one is in place, it is essential that they work closely with the victim and the relevant support service, if there is one, to ensure it offers the level of protection that was envisaged. Links need to be established with other agencies, in particular the police, to ensure ongoing support is available to victims as needed.

31 32

SI 2015 No. 1422. www.gov.uk/female-genital-mutilation-protection-order

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3.3.3 Breach Breach of an FGMPO is a criminal offence with a maximum penalty of up to five years’ imprisonment. As an alternative to prosecution, a breach of an FGMPO may be dealt with by the civil route as a contempt of court, punishable by up to two years’ imprisonment, a fine, or both. If the police investigate a possible breach as a criminal offence, they can arrest those suspected of breaching the terms of the order. Following a police investigation, the CPS will decide whether or not to proceed with a prosecution for the breach and/or any other offences that might be disclosed. Where the decision is taken, however, to pursue breach as a contempt of court matter, an application should be made to the family court for an arrest warrant. This should be supported by a statement setting out how the order has been breached. The order will need to be served on the respondents. Although FGMPOs are specifically designed to protect actual or potential victims of FGM, one or more of the orders or applications in Annex E may also be considered alongside an FGMPO, depending on the particular circumstances of each case. Referral to an accredited family law practitioner to deal with wider issues of private or public family law may be equally important to meet the girl’s needs. 3.3.4 Sharing Information about an FGMPO Where an agency has obtained an FGMPO it should consider which, if any, other agencies need to be aware of the FGMPO, i.e. those not served with a copy of the order by the court, and whether it is necessary for that information to be shared in order to secure the protection of the girl at risk. Care should, however, be exercised in sharing information, particularly if it could have the adverse effect of leading to either reprisals for the victim and/or other members of their family. When the court has made an order, the applicant or the court, (where requested or if the court makes an order of its own initiative), should serve a copy of the order on the police, together with a statement showing that the respondents and/or any other persons directed by the court have been served with the order or informed of its terms. The order and statement should be delivered to the police station for the address of the person being protected by the order, unless the court specifies another police station.

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3.4.

FGM Mandatory Reporting Duty

Section 5B of the 2003 Act33 introduces a mandatory reporting duty which requires regulated health and social care professionals and teachers in England and Wales to report ‘known’34 cases of FGM in under 18s which they identify in the course of their professional work to the police. The duty applies to all regulated professionals (as defined in section 5B(2)(a), (11) and (12) of the 2003 Act) working within health or social care, and teachers. It therefore covers: 

health and social care professionals regulated by a body which is overseen by the Professional Standards Authority for Health and Social Care (with the exception of the Pharmaceutical Society of Northern Ireland). This includes those regulated by the: o General Chiropractic Council o General Dental Council o General Medical Council o General Optical Council o General Osteopathic Council o General Pharmaceutical Council o Health and Care Professions Council (whose role includes the regulation of social workers in England) o Nursing and Midwifery Council

33 34

35



teachers35 - this includes qualified teachers or persons who are employed or engaged to carry out teaching work in schools and other institutions, and, in Wales, education practitioners regulated by the Education Workforce Council;



social care workers in Wales36.

As inserted by section 74 of the Serious Crime Act 2015. “Known” cases are those where either a girl informs the person that an act of FGM – however described – has been carried out on her, or where the person observes physical signs on a girl appearing to show that an act of FGM has been carried out and the person has no reason to believe that the act was, or was part of, a surgical operation within section 1(2)(a) or (b) of the FGM Act 2003. Section 5B(11) of the FGM Act 2003 (as inserted by section 74 of the Serious Crime Act 2015) provides the definition for the term ‘teacher’: “”teacher” means – (a) in relation to England, a person within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England); (b) in relation to Wales, a person who falls within a category listed in the table in paragraph 1 of Schedule 2 to the Education (Wales) Act 2014 (anaw 5) (categories of registration for purposes of Part 2 of that Act) or any other person employed or engaged as a teacher at a school (within the meaning of the Education Act 1996) in Wales”.

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The legislation requires regulated health and social care professionals and teachers in England and Wales to make a report to the police where, in the course of their professional duties, they either: 

are informed by a girl under 18 that an act of FGM has been carried out on her; or



observe physical signs which appear to show that an act of FGM has been carried out on a girl under 18 and they have no reason to believe that the act was necessary for the girl’s physical or mental health or for purposes connected with labour or birth.

Reports under the duty should be made as soon as possible after a case is discovered, and best practice is for reports to be made by the close of the next working day. In order to allow for exceptional cases, a maximum timeframe of one month from when the discovery is made37 applies for making reports. However, the expectation is that reports will be made much sooner than this. A longer timeframe than the next working day may be appropriate in exceptional cases where, for example, a professional has concerns that a report to the police is likely to result in an immediate safeguarding risk to the child (or another child, e.g. a sibling) and considers that consultation with colleagues or other agencies is necessary prior to the report being made. Cases of failure to comply with the duty will be dealt with in accordance with the existing performance procedures in place for each profession. FGM is child abuse, and employers and the professional regulators are expected to pay due regard to the seriousness of breaches of the duty.

36 37

Section 5B(11) of the Female Genital Mutilation Act 2003 defines a “social care worker” as a person registered in a register maintained by the Care Council for Wales under section 56 of the Care Standards Act 2000. As required by section 5B (5)(c) of the 2003 Act (as amended by the Serious Crime Act 2015).

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FGM Mandatory Reporting Duty: Additional Resources Information for professionals subject the duty and their employers, including on how to make a report, is available at: www.gov.uk/government/publications/mandatory-reporting-of-female-genitalmutilation-procedural-information Additional information for health care professionals in England is available at: www.gov.uk/government/publications/fgm-mandatory-reporting-in-healthcare

3.4.1 Professionals Not Subject to the Mandatory Reporting Duty While the duty is limited to the specified professionals described above, nonregulated practitioners still have a general responsibility to report cases of FGM, in line with wider safeguarding frameworks. If a non-regulated professional becomes aware that FGM has been carried out on a girl under 18, they should still share this information within their local safeguarding lead, and follow their organisation’s safeguarding procedures. 3.4.2 Safeguarding Duty in Wales Professionals working within Wales should be aware that, once it is in force, section 130 of the Social Services and Well-being (Wales) Act 2014 will also apply to cases covered by the FGM mandatory reporting duty. The all-Wales child protection procedures, adopted by all safeguarding boards in Wales, provide a consistent framework for referral, consideration, and determining action by all safeguarding partners in Wales, including a dedicated protocol on FGM.

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Chapter 4: Working Together to Tackle FGM This chapter provides information for heads of organisations, third parties exercising public protection functions, and front-line professionals. Key points 

No single professional can have a full picture of an individual’s needs and circumstances. To ensure that women and girls affected by FGM receive the right help at the right time, everyone who comes into contact with them has a role to play.



Working Together to Safeguard Children (2015) in England or Safeguarding Children: Working Together under the Children Act 2004 (2007) in Wales set out the requirements and expectations on individual services and professionals to provide a multi-agency response to safeguard and promote the welfare of children. This document does not attempt to duplicate this guidance, and should be considered alongside other relevant guidance on safeguarding children and vulnerable adults.



Wherever possible, professionals should actively seek and support ways to reduce the prevalence of FGM in practising communities in the UK. Agencies should consider how preventative work, delivered by community organisations/community change advocates, can be embedded within their organisation’s work on protection, with a focus on involving community support for girls and families at risk.

4.1.

Introduction

FGM is illegal. It is child abuse and a form of violence against women and girls and should therefore be treated as such. It should be addressed using existing structures, policies and procedures designed to safeguard children and vulnerable adults. All bodies to which this guidance applies need to work effectively with one another, and with other relevant organisations to address FGM.

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4.2.

A Strategic Response / Actions for Heads of Organisations

Heads of relevant organisations should ensure that: Roles and responsibilities 

their organisation has a lead person whose role includes responsibility for FGM (this will often be the designated safeguarding lead). This person should have relevant experience, expertise and knowledge. Their role should include ensuring that cases of FGM are handled, monitored and recorded properly;



there is a member of the organisation who has undertaken additional training and can be approached to discuss and direct difficult cases (this may be the ‘lead person’ mentioned above);



their staff understand their role in protecting those who have undergone or are at risk of abuse, including FGM;



their staff know to whom they should refer cases within their organisation and when to refer cases to other agencies;



their staff understand the importance of timely information sharing both internally and with other agencies;

Policies and procedures 

there are policies and procedures in place to protect those who have undergone or are at risk of FGM. The policies and procedures should be in line with existing statutory and non-statutory guidance on safeguarding children and vulnerable adults. These policies and procedures must reflect multi-agency working arrangements; and



policies and procedures are kept under review and updated to reflect structural, departmental, legal and other relevant changes.

4.3.

A Victim-Centred and Multi-Agency Approach

An effective local response to FGM should be underpinned by two key principles: 

safeguarding is everyone’s responsibility: each professional and organisation should play their part; and



a victim-centred approach should be taken: based on a clear understanding of the needs and views of girls and women affected by FGM.

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4.4.

Commissioning Services

It is likely that some women with FGM are living in every local authority area in England and Wales38 (see Section 2.4.1). It is important for commissioning leads to understand the data relating to their local communities so that their agency’s response is appropriate to communities’ needs. This includes ensuring that: 

services are provided to meet the physical and mental health needs of women and girls who have undergone FGM as appropriate;



projects and services aimed at preventing FGM are developed in consultation with FGM survivors and expert voluntary sector organisations; and



when commissioning services, considering whether there are suitable local community organisations or individual peer educators who have the experience to work with and support affected communities effectively.

When commissioning services, local authorities may wish to check whether community organisations are accredited. For example, the Imkaan Accredited Quality Standards39 set out standards for community organisations working with black and minority ethnic (BME) women and girls on harmful practices including FGM and so called ‘honour-based’ violence. Commissioning: Additional Resources Information on commissioning health services for women and girls affected by FGM in England is set out in the Department of Health’s Commissioning Services to Support Women and Girls with Female Genital Mutilation (2015)40.

38 39 40

Macfarlane A, Dorkenoo E. (2015) Prevalence of Female Genital Mutilation in England and Wales: National and local estimates. London: City University London and Equality Now http://openaccess.city.ac.uk/12382/ www.imkaan.org.uk/iaqs www.gov.uk/government/publications/services-for-women-and-girls-with-fgm

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4.5.

Awareness and Training

Training should enable all staff to discharge their safeguarding duties with regard to FGM, as for any other form of abuse. Training on FGM could include the following: 

an overview of FGM (what it is, when and where it is performed);



the UK law on FGM and child protection;



the potential consequences of FGM;



what to do when FGM is suspected or has been performed; and



the role of different professionals and the importance of multi-agency working.

Local Safeguarding Children Boards (in England) and Safeguarding Children Boards (in Wales) are responsible for monitoring and evaluating the effectiveness of single agency and inter-agency training on safeguarding and promoting the welfare of children provided within their area41. This is in line with their function to develop policies and procedures in relation to training of those persons who work with children or in services affecting the safety and welfare of children42. Such policies and procedures may include specific training in relation to FGM. Safeguarding Children and Young people: roles and competences for health care staff43 provides a competence-based framework to set out the minimum training requirements for healthcare professionals in the UK to enable them to recognise child maltreatment and to take effective action as appropriate to their role. Knowledge of and the ability to recognise signs of FGM are included at all levels of competence. In Wales, any training accessed must comply with the requirements of the forthcoming National Training Framework on violence against women, domestic abuse and sexual violence44. Awareness and Training: Additional Resources E-learning for all professionals (including teachers, police, border force staff, and health visitors), developed by the Home Office, is available at www.fgmelearning.co.uk. Health Education England offer e-learning, free to access by health and social care professionals, at www.e-lfh.org.uk/programmes/female-genital-mutilation/.

41 42 43 44

See Chapter 3 of Working Together to Safeguard Children 2015 for further information on the role of LSCBs in England. Regulation 5(1)(a)(ii) of the Local Safeguarding Children Boards Regulations 2006 for LSCBs in Wales. www.rcpch.ac.uk/child-protection-publications http://livefearfree.gov.wales/guidance-for-professionals/national-training-framework/?lang=en.

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4.6.

Working with Communities and Community Groups

4.6.1 Working with Communities to End FGM So-called cultural practices, such as FGM, can be deeply embedded in practising communities and working to end them requires both top down direction and a community-led approach. Some of the ways organisations and professionals can help to end FGM include: 

involving individuals and families in discussions about how FGM can be ended within their family and wider community;



talking to all groups, including men, boys and community leaders about FGM and its consequences;



encouraging individuals to report suspected cases of FGM, and highlighting the anonymous means for doing this, such as the NSPCC helpline45, for those unwilling to provide information to the authorities (see the FGM resource pack46 for more information); and



signposting to organisations that can provide support and advice to those who wish to end the practice within their family or community (for information on organisations working on FGM see the FGM resource pack47).

Local authorities, Local Safeguarding Children Boards (in England), Safeguarding Children Boards (in Wales) and relevant professionals are encouraged to actively consider how best this could be done as part of existing work and engagement with practising communities, and how new initiatives could be established. Maintaining a continued dialogue with affected communities may help to ensure that prevention and support interventions are accepted.

45 46 47

www.nspcc.org.uk/preventing-abuse/child-abuse-and-neglect/female-genital-mutilation-fgm/ www.gov.uk/government/publications/female-genital-mutilation-resource-pack/female-genital-mutilation-resource-pack www.gov.uk/government/publications/female-genital-mutilation-resource-pack/female-genital-mutilation-resource-pack

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4.6.2 Community Groups Community groups have a valuable role to play in responding to FGM. This may include: 

supporting women’s access to specialist care;



disseminating information in schools; and



supporting and supplementing professional training programmes.

When developing services and projects, organisations should consider working with appropriate community groups and survivors to help make sure the services provided both meet the needs of service users, and that their staff understand the issues related to FGM. Appropriately trained professionals can help to address fears and misconceptions that may deter those affected by FGM from engaging with statutory services. Professionals with specialist knowledge of FGM may also wish to consider how they can assist community groups, for example, by speaking at community-based events. Information on local and national voluntary sector organisations working with communities on FGM, including a postcode search function which signposts local support services, is available at: www.gov.uk/female-genital-mutilation-help-advice. 4.6.3 Working with Survivors It is important, where possible and with appropriate support provided, to involve survivors of FGM when developing services or policies that will affect them. In doing so, organisations should recognise that each individual survivor will have their own experiences and needs and should not be expected to represent all women and girls who have undergone FGM. Survivors may also wish to act as change advocates to encourage communities to abandon FGM. Community groups working with those affected by FGM can help to facilitate engagement with survivors and can advise on the support they may need to speak out about their experience of FGM.

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CASE STUDY: Working with community groups - North East FGM Forum Crown Prosecution Service (CPS) North East wanted to improve criminal justice agencies’ understanding of the issues faced by communities affected by FGM in the area, help communities to understand the criminal justice process and address any concerns there may be about engaging with criminal justice agencies. CPS North East decided to set up a regional forum. Members of the forum include representatives of:    

the three Police and Crime Commissioners in the North East; the three police forces; community support services working with victims of FGM; and health services.

The aim of the forum is to provide opportunities for networking and dialogue between criminal justice agencies and organisations offering support to women affected by FGM to share information and best practice, and to identify areas for joint working. The forum has resulted in the development of good practice in investigation of reports of FGM. Ongoing dialogue between the agencies, and their communities, is helping to ensure that local practice and policy across the North East are developed to take into account the needs of victims and communities, and that victims can be supported through the criminal justice system.

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4.7.

Information Sharing

When dealing with FGM, organisations and professionals should continue to have regard to their wider responsibilities in relation to the handling and sharing of information. To safeguard children and vulnerable adults in line with relevant statutory requirements and guidance, it may be necessary to share information with other agencies or departments. To ensure effective safeguarding arrangements: 

all organisations should have arrangements in place which set out clearly the processes and the principles for sharing information between each other, with other professionals and with the LSCB; and



no professional should assume that someone else will pass on information which they think may be critical to keeping a child or vulnerable adult safe. If a professional has concerns about an individual’s welfare and believes they are suffering or likely to suffer harm, then they should share the information with the relevant local authority children’s or adult’s social care.

Chief executives and professionals working in healthcare in England should have due regard to the FGM Enhanced Dataset Information Standard (SCCI2026)48 which instructs all clinicians on how and what to record in health records when a patient with FGM is identified, including additional details for example the type of FGM. The standard also instructs upon standardised information sharing protocols to support safeguarding against FGM. The FGM Enhanced Dataset Information Standard also instructs NHS acute and mental health trusts and GP practices on how they should submit data about patients who have FGM to the Health and Social Care Information Centre (HSCIC). HSCIC collect and publish anomynised statistics on behalf of the Department of Health and NHS England. The information is used nationally and locally to improve the NHS response to FGM and to help commission the services to support women who have experienced FGM and safeguard women and girls at risk of FGM. It is important to note that the personal information held and collected under the FGM Enhanced Dataset Information Standard is not released to anyone outside of HSCIC. If these arrangements were to change, any information which was held prior to such a change would continue to be protected under the current arrangements. Guidance on the recording of FGM and the FGM Enhanced dataset standard is available at: www.hscic.gov.uk/fgm.

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www.hscic.gov.uk/fgm

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Information Sharing: Additional Resources Information Sharing: Advice for practitioners providing safeguarding services to children, young people, parents and carers (2015)49 gives guidance to front-line practitioners working in child or adult services who have to make decisions about sharing personal information.

49

www.gov.uk/government/publications/safeguarding-practitioners-information-sharing-advice

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Annex A: Background on FGM A.1.

Cultural Underpinnings and Motives of FGM

FGM is a complex issue, and individuals and families who support it give a variety of justifications and motivations for this. However, FGM is a crime and child abuse, and no explanation or motive can justify it. The justifications given may be based on a belief that, for example, it:              

brings status and respect to the girl; preserves a girl’s virginity/chastity; is part of being a woman; is a rite of passage; gives a girl social acceptance, especially for marriage; upholds the family “honour”; cleanses and purifies the girl; gives the girl and her family a sense of belonging to the community; fulfils a religious requirement believed to exist; perpetuates a custom/tradition; helps girls and women to be clean and hygienic; is aesthetically desirable; makes childbirth safer for the infant; and rids the family of bad luck or evil spirits.

FGM is a traditional practice often carried out by a family who believe it is beneficial and is in a girl or woman’s best interests. This may limit a girl’s motivation to come forward to raise concerns or talk openly about FGM – reinforcing the need for all professionals to be aware of the issues and risks of FGM. Infibulation (Type 3) is strongly linked to virginity and chastity, and used to ‘protect’ girls from sex outside marriage and from having sexual feelings. In some cultures, it is considered necessary at marriage for the husband and his family to see her ‘closed’ and, in some instances, both mothers will take the girl to be cut open enough to be able to have sex. Although FGM is practised by secular communities, it is most often claimed to be carried out in accordance with religious beliefs. However, FGM predates Christianity, Islam and Judaism, and the Bible, Koran, Torah and other religious texts do not advocate or justify FGM. A.2.

Medicalisation of FGM

Some who support the practice have sought to eliminate risks of infection (by, for example, carrying it out in a medical environment) in order to legitimise FGM. However, in addition to the immediate risks associated with FGM being carried out, it can have serious and harmful long-term psychological and physical effects, regardless of how the procedure was done. 36 | Multi-agency statutory guidance on female genital mutilation

A.3.

Consequences of FGM

Men and women in practising communities may be unaware of the potential harmful health and welfare consequences of FGM, some of which are set out below. A.3.1 Immediate/Short-Term Consequences of FGM The immediate/short-term consequences of FGM can include: 

severe pain;



shock;



haemorrhage;



wound infections;



urinary retention;



injury to adjacent tissues;



genital swelling; and/or



death.

A.3.2 Long-Term Consequences of FGM The long-term consequences of FGM can include: 

genital scarring;



genital cysts and keloid scar formation;



recurrent urinary tract infections and difficulties in passing urine;



possible increased risk of blood infections such as hepatitis B and HIV;



pain during sex, lack of pleasurable sensation and impaired sexual function;



psychological concerns such as anxiety, flashbacks and post traumatic stress disorder;



difficulties with menstruation (periods);



complications in pregnancy or childbirth (including prolonged labour, bleeding or tears during childbirth, increased risk of caesarean section); and



increased risk of stillbirth and death of child during or just after birth.

Further information on care and support for women and girls affected by FGM is provided at Annex F.

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Annex B: Risk B.1.

Risk Factors

The most significant factor to consider when deciding whether a girl or woman may be at risk of FGM is whether her family has a history of practising FGM. In addition, it is important to consider whether FGM is known to be practised in her community or country of origin. The age at which girls undergo FGM varies enormously according to the community. The procedure may be carried out when the girl is new-born, during childhood or adolescence, at marriage or during a first pregnancy. Given the hidden nature of FGM, individuals from communities where it takes place may not be aware of the practice. Women and girls who have undergone FGM may not fully understand what FGM is, what the consequences are, or that they themselves have had FGM. Given this context, discussions about FGM should always be undertaken with appropriate care and sensitivity (see Annex C). It is believed that FGM may happen to girls in the UK as well as overseas. Girls of school age who are subjected to FGM overseas are likely to be taken abroad (often to the family’s country of origin) at the start of the school holidays, particularly in the summer, in order for there to be sufficient time for her to recover before returning to school. There are a number of factors in addition to a girl’s or woman’s community, country of origin and family history that could indicate she is at risk of being subjected to FGM. Potential risk factors may include: 

a female child is born to a woman who has undergone FGM;



a female child has an older sibling or cousin who has undergone FGM;



a female child’s father comes from a community known to practise FGM;



the family indicate that there are strong levels of influence held by elders and/or elders are involved in bringing up female children;



a woman/family believe FGM is integral to cultural or religious identity;



a girl/family has limited level of integration within UK community;



parents have limited access to information about FGM and do not know about the harmful effects of FGM or UK law;



a girl confides to a professional that she is to have a ‘special procedure’ or to attend a special occasion to ‘become a woman’;

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

a girl talks about a long holiday to her country of origin or another country where the practice is prevalent (see Section 2.3 for the nationalities that traditionally practise FGM);



parents state that they or a relative will take the girl out of the country for a prolonged period;



a parent or family member expresses concern that FGM may be carried out on the girl;



a family is not engaging with professionals (health, education or other);



a family is already known to social care in relation to other safeguarding issues;



a girl requests help from a teacher or another adult because she is aware or suspects that she is at immediate risk of FGM;



a girl talks about FGM in conversation, for example, a girl may tell other children about it (see Annex G for commonly used terms in different languages) – it is important to take into account the context of the discussion;



a girl from a practising community is withdrawn from Personal, Social, Health and Economic (PSHE) education or its equivalent;



a girl is unexpectedly absent from school;



sections are missing from a girl’s Red book; and/or



a girl has attended a travel clinic or equivalent for vaccinations / anti-malarials.

Remember: this is not an exhaustive list of risk factors. There may be additional risk factors specific to particular communities. For example, in certain communities FGM is closely associated to when a girl reaches a particular age. If any of these risk factors are identified professionals will need to consider what action to take. If unsure whether the level of risk requires referral at this point, professionals should discuss with their named/designated safeguarding lead. If the risk of harm is imminent, emergency measures may be required. See Annex E for information on legal interventions that can be used to protect girls/women at risk of FGM.

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Professionals should not assume that all women and girls from a particular community are supportive of, or at risk of FGM. Women who recognise that their ongoing physical and/or psychological problems are a result of having had FGM and women who are involved or highly supportive of FGM advocacy work and eradication programmes may be less likely to support or carry out FGM on their own children. However, any woman may be under pressure from her husband, partner or other family members to allow or arrange for her daughter to undergo FGM. Wider family engagement and discussions with both parents, and potentially wider family members, may be appropriate. B.1.2 Indicators that FGM May Have Already Taken Place It is important that professionals look out for signs that FGM has already taken place so that: 

the girl or woman receives the care and support she needs to deal with its effects (see Annex F);



enquiries can be made about other female family members who may need to be safeguarded from harm; and/or



criminal investigations into the perpetrators, including those who carry out the procedure, can be considered to prosecute those who have broken the law and to protect others from harm.

There are a number of indications that a girl or woman has already been subjected to FGM: 

a girl or woman asks for help;



a girl or woman confides in a professional that FGM has taken place;



a mother/family member discloses that female child has had FGM;



a family/child is already known to social services in relation to other safeguarding issues;



a girl or woman has difficulty walking, sitting or standing or looks uncomfortable;



a girl or woman finds it hard to sit still for long periods of time, and this was not a problem previously;



a girl or woman spends longer than normal in the bathroom or toilet due to difficulties urinating;



a girl spends long periods of time away from a classroom during the day with bladder or menstrual problems;



a girl or woman has frequent urinary, menstrual or stomach problems;

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

a girl avoids physical exercise or requires to be excused from physical education (PE) lessons without a GP’s letter;



there are prolonged or repeated absences from school or college (see 2015 guidance on children missing education50);



increased emotional and psychological needs, for example withdrawal or depression, or significant change in behaviour;



a girl or woman is reluctant to undergo any medical examinations;



a girl or woman asks for help, but is not be explicit about the problem; and/or



a girl talks about pain or discomfort between her legs.

Remember: this is not an exhaustive list of indicators. If any of these indicators are identified professionals will need to consider what action to take. If unsure what action to take, professionals should discuss with their named/designated safeguarding lead. Professionals subject to the mandatory reporting duty are required to report ‘known’51 cases of FGM in girls under 18 to the police (see Section 3.4).

50 51

www.gov.uk/government/publications/children-missing-education “Known” cases are those where either a girl informs the person that an act of FGM – however described – has been carried out on her, or where the person observes physical signs on a girl appearing to show that an act of FGM has been carried out and the person has no reason to believe that the act was, or was part of, a surgical operation within section 1(2)(a) or (b) of the FGM Act 2003.

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Annex C: Talking About FGM Key points 

Supporting women and girls who have undergone FGM demands sensitivity and compassion on the part of the professional;



Sometimes it will not be clear that FGM is the origin of the individual’s problem/s;



Professionals may experience strong emotions when dealing with FGM – it is important they discuss this with a colleague or supervisor;



Important points to consider when talking to women or girls affected by FGM include: ensuring that the conversation is not interrupted, giving the individual time to speak, only asking one question at a time, and remaining non-judgmental;



When developing written or visual materials for either individuals or the public, care must be taken to ensure the materials are appropriate, and developing them in consultation with survivors and affected communities is recommended.

C.1.

Introduction to Talking About FGM

Good communication is essential when talking to individuals who have had FGM, may be at risk of FGM, or are affected by the practice. Professionals should ensure that they enquire sensitively about FGM. The topic of FGM may arise in a variety of settings, including a GP’s surgery as part of a medical consultation, a home environment during a health visitor’s post-natal visit, or at school. Conversations may take place with the girl or woman who may be affected by FGM, a parent or other family member. How the conversation is opened and the language used will vary according to the setting and who the conversation is with, however, the key principles set out below should apply in all cases. Talking about FGM can be difficult and upsetting. Professionals may wish to speak with their supervisor if they are affected by what they have heard. It is important to acknowledge and understand the motives, demographics and consequences of FGM. Equally, it is important that professionals take the time to think about their own concerns, feelings and values, so they can discuss FGM with clarity and confidence. A lack of awareness may mean that a professional is unable to relate to the girl or woman/their family, which may lead to a failure to discuss the issue appropriately and result in distress for the girl or woman. 42 | Multi-agency statutory guidance on female genital mutilation

If, as a result of talking about FGM with an individual or family, a professional identifies that a girl is at risk of FGM or has undergone FGM, then appropriate action should be taken. See Annex D for guidance on safeguarding and Annex F for guidance on care and support. Communicating About FGM: Additional Resources Health and social care professionals in England can complete the e-learning session, ‘Communication Skills for FGM consultations’ at www.e-lfh.org.uk which provides advice and training to support these discussions. Professionals in England can watch a video on NHS Choices where women who have had FGM discuss how they would like to see professionals hold sensitive conversations about FGM: www.nhs.uk/fgmguidelines In Wales, NHS employees can speak to their FGM Safeguarding Lead to discuss any concerns and access necessary training. Information on online resources, data reporting arrangements and FGM Leads in Wales is available at: www.wales.nhs.uk/sitesplus/888/page/67421/

C.2.

Preparing to Speak to Individuals and Families

Adhering to key standards will enable professionals to hold conversations in a sensitive and appropriate way. These include: 

making the care of women and girls affected by FGM the primary concern, treating them as individuals, listening and respecting their dignity;



working with others to protect and promote the health and well-being of those in their care, their families and carers, and the wider community; and



being open and honest, acting with integrity and upholding the reputation of the profession.

When initiating a conversation about FGM, professionals should: 

ensure that the conversation is opened sensitively;



be aware of the specific circumstances of the individual when a discussion about FGM needs to take place; and



be non-judgmental.

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Creating and maintaining a good rapport with the girl or woman is essential. This can be achieved by: 

allowing the girl or woman to speak - actively listening, gently encouraging, and seeking the girl or woman’s permission to discuss sensitive areas;



not being afraid to ask about FGM, using appropriate and sensitive language. It is not unusual for women to report that professionals have avoided asking questions about FGM, and this can lead to a breakdown in trust. If a professional does not give a girl or woman the opportunity to talk about FGM , it can be very difficult for a girl or woman to bring this up herself;



asking only one question at a time – it can be difficult to think through the answers to several questions at the same time;



making sure there is appropriate time to listen; a girl or woman may relate information she has not disclosed previously. Interrupting her story part way through because of a lack of time is likely to cause distress and may either damage the relationship with her, or affect her relationship with professionals in future; and



preparing by understanding what written materials are available to support conversations, and what other community and third-sector organisations are able to offer support and additional information within the area. For resources and advice on how to find services, see Annex I and Annex H.

It is important that professionals understand the appropriate language to use and maintain a professional and non-judgmental approach to engage with the individual effectively in what may be a challenging and upsetting situation. Professionals should: 

use culturally sensitive language;



be aware that different communities may have different terms for FGM (see Annex G);



remember that women or girls may not be aware that they have had FGM; professionals may need to explain that FGM is the cause of symptoms; and



consider some of the following ways to start a discussion about FGM: “I can see in your notes from the obstetrician or midwife that you have been cut. Could you tell me a bit more about this?” “I know that (some) women in your country have been cut. How do you feel about this? Could you tell me a bit more?” “You have talked about your cutting and the traditions in your country. Is there anything else you want to tell me about this?”

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“How do you, and how does your partner, feel about female genital cutting? How do the people around you feel about this? Are you still in touch with relatives in your country? How do they feel about it? At what age is it usually performed?” Professionals have a responsibility to ensure women and families understand that FGM is illegal in the UK, and to explain the harmful consequences it can have. See Annex I for resources that can be used to support these conversations. C.2.1 Using Translators An accredited female interpreter may be required. Any interpreter should ideally be appropriately trained in relation to FGM, and in all cases should not be a family member, not be known to the individual, and not be someone with influence in the individual’s community. Care must be taken to ensure that an interpreter is available at services supporting women with FGM, as this is likely to be required for many appointments relating to FGM. C.3.

Communicating in Written and Public Formats

When issuing communication materials about FGM some specific considerations are required. Cultural sensitivities must not get in the way of tackling FGM, but communicating about it in the wrong way can undermine and damage efforts. It is important to highlight that FGM is illegal, child abuse, a form of violence against women and girls, a human rights violation and a manifestation of gender inequality. However, communication on FGM also needs to be framed respectfully. Campaigns that do not recognise this, risk doing inadvertent harm, including: 

pushing the practice underground;



stigmatising women and girls who have already undergone FGM;



fuelling racism/discrimination against affected communities;



incorrectly suggesting that more minor forms of FGM, or FGM carried out in clinics under sanitary conditions, are acceptable.

To help ensure that communication activities are appropriate it is recommended that organisations consult with relevant community organisations and survivors. Communication Activities: Additional Resources Advice on developing communication activities on violence against women and girls, including FGM, is available in the Violence against Women and Girls Communications Insight Pack

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Annex D: Safeguarding Key points 

FGM is illegal in England and Wales (see Chapter 3 for more details). Professionals should intervene to safeguard girls and protect women who may be at risk of FGM or have been affected by it.



The level of safeguarding intervention needed will depend on how imminent the risk of harm is (see Annex B for risk factors). An appropriate course of action should be decided on a case-by-case basis, with expert input from all relevant agencies.



Working across agencies as soon as a girl or woman is identified as being at risk of FGM is essential.

D.1.

FGM: Part of Wider Safeguarding Responsibilities

FGM is not an issue where action or intervention can be determined by personal preference – it is an illegal, extremely harmful practice and a form of child abuse and violence against women and girls. Fears of being branded ‘racist’ or ‘discriminatory’ should not weaken the protection that professionals provide. Organisations should have local safeguarding protocols and procedures for protecting children (see Chapter 4).

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Managing risk throughout childhood Being born to a mother who has undergone FGM may mean a female child is at greater risk of FGM (see Annex B for risk factors). This risk can usually be identified at birth as, through ante-natal care and delivery of the child, NHS professionals can and should have identified that the mother has had FGM. Professionals should remember that FGM can be carried out at any age, so identifying that a girl is at risk of FGM at birth means that safeguarding measures adopted may need to remain in place for a number of years over the course of her childhood. This differs from other forms of harm, and this difference in approach should be recognised when putting in place policies and procedures to protect against FGM. Remember: If the only risk indicator is that a girl’s mother has undergone FGM, referral to children’s social care may not be appropriate, but other local multiagency arrangements may be relevant. In such cases, monitoring is important to ensure that agencies respond appropriately if circumstances change and other risk factors arise. Where there is a specific risk, the case should be referred to social care. Guidance for healthcare professionals on FGM risk and safeguarding is available at: www.gov.uk/government/publications/safeguarding-women-and-girls-at-risk-offgm

D.2.

Safeguarding Effectively

A girl at risk of FGM may need to be safeguarded over a significant proportion of her childhood, and it is therefore essential that agencies work together to determine the most appropriate safeguarding response. The importance of sharing information between practitioners and between agencies in relation to girls who may be at risk of FGM should not be underestimated (see Section 4.7). Potential signs of risk might be mentioned by a girl, her family or her friends to different professionals. For example, if a girl tells her teacher about an impending special ceremony, and in the following week the girl is taken to the GP surgery to receive travel vaccinations for planned departure, the knowledge of both of these details is critical to understanding the risk the girl faces. For this reason, professionals should: 

be aware and act upon the wide range of risk factors (see Annex B) in relation to FGM;



have a consistent approach to sharing information with partner agencies and reviewing the individual situation; and



put in place safeguarding actions which reflect the needs of the girl.

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Equally, multi-agency working needs to be flexible and responsive to individual circumstances. For example, a policy to routinely refer all girls born to mothers who have FGM within seven days of birth to children’s social care may not meet the needs of the girl. In this example, referral may be made at a stage where the risk has not fully developed and is not imminent which may result in the case being closed. Further action may not be appropriate at that time, but if circumstances change (for example, a relative moves into the family home, or the family’s beliefs change), then safeguarding action may be required. Once a potential risk of FGM has been identified, this information should be shared between professionals and agencies to ensure that there is ongoing awareness of this risk. If a risk of FGM is identified, the first steps when safeguarding girls and women will normally come in the form of discussions with the girl, her parents, and other family members. See Annex C for advice on how to have these conversations. Having established that there are recognised signs of the risk of FGM, a professional should undertake a risk assessment. Health professionals and relevant organisations in England, should have regard to the Department of Health guidance for professionals, Female Genital Mutilation Risk and Safeguarding52. As part of the assessment, professionals should make sure that the girl and/or appropriate family members understand: 

that FGM is illegal;



the potential health consequences of FGM;



any actions taken;



that information will be shared about this with colleagues and partner organisations as appropriate.

When deciding what course of action to take, professionals may need to consult with their local/designated safeguarding lead and should always ensure that actions are consistent with local safeguarding policies. The course of action chosen should be based upon the needs of the girl or women identified as being at risk and will vary depending on the circumstances.

52

www.gov.uk/government/publications/safeguarding-women-and-girls-at-risk-of-fgm

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D.2.1 Girl (Under 18) who is Suspected to have Undergone FGM If any professional suspects that a girl has undergone FGM their named/designated safeguarding lead must be made aware and an immediate referral should be made to the relevant local authority’s children’s social care department. When a girl is suspected to have already undergone FGM, all professionals should: 

document this in their notes;



complete relevant risk assessment; and



follow local multi-agency safeguarding procedures.

D.2.2 Girl (Under 18) or Vulnerable Adult who is Suspected to be at Risk of FGM All cases should be handled in accordance with local safeguarding procedures, and all relevant factors should be taken into account, as with all other forms of safeguarding risk to children or vulnerable adults. The initial referral should, in the case of a girl, be made to the relevant local authority’s children’s social care department (possibly via a Multi-Agency Safeguarding Hub if one is in place). In the case of a vulnerable adult, an initial referral should be made to adult social services. Where there is an imminent or serious risk, an emergency response may be required, either an urgent referral to social services and/or potentially contacting the police. Where it is considered that there is an immediate risk to a girl or woman, the local authority53 should consider whether to apply for an FGM Protection Order and/or an Emergency Protection Order (see Chapter 3 and Annex E).

Where a girl or woman, given her individual circumstances, is identified as being at risk of FGM, but the current situation does not indicate that the risk is imminent or significant appropriate safeguarding actions should be taken, making sure that this information is shared appropriately. This will help to make sure that, if other agencies or professionals have a wider scope or understanding of the child’s or woman’s circumstances, they will be able to use the most up to date information to consider the risk the girl or woman currently faces.

53

Local authorities are ‘relevant third parties’ for the purposes of applying for an FGMPO, i.e. they can apply for such an order without seeking prior leave from the court to do so.

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Local procedures should set out what to do in these circumstances. This is likely to include: 

keeping a record of the discussion. For healthcare professionals, this should be within the patient’s record;



sharing this information with the relevant local authority’s children’s social care department, via a Multi-Agency Safeguarding Hub if one is in place;



if identified by a healthcare professional, sharing this information with the girl’s GP, health visitor or school nurse (dependent on age of child) and potentially other professional delivering care to the child depending upon circumstances;



in healthcare settings in England, making sure that the FGM Risk Indication System is used, and an indicator placed upon the girl’s record as appropriate (see Section D.2.9).

In all cases, professionals should also consider risk to other children and women in the family. Depending on the circumstances of the individual case, the professional’s role and local procedures, a professional may need to make this referral personally. If the referral is made by another individual, all relevant information obtained from the child/family members should be shared with the referrer. D.2.3 Girl (Under 18) or Vulnerable Adult who has Previously Been Identified as at Risk of FGM With effective safeguarding and information sharing procedures in place, professionals will be able to see on a girl or woman’s record that she has previously been identified as potentially at risk of FGM. Professionals treating or supporting the girl or woman should make themselves aware of any relevant information and take appropriate action, as for other forms of abuse. Professionals should always take opportunities to discuss and understand changes to the girl’s family circumstances, and look out for whether there is a change in relation to any of the known risk factors. For example, if the professional becomes aware of new travel plans or the arrival of extended family members to live with the girl, this information should be shared with appropriate partner agencies. Local procedures should give advice of how to act in these circumstances.

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D.2.4

FGM Disclosed by or Visually Identified in a Girl (Under 18)

Where a case of FGM is disclosed by or visually identified in a girl under the age of 18, regulated health or social care professionals and teachers are legally required to make a report to the police under the FGM mandatory reporting duty. See Section 3.4 for further information. Professionals who are not subject to the mandatory reporting duty should follow their local safeguarding procedures, and discuss the case with their local safeguarding lead to agree an appropriate a course of action. D.2.5

Adult who has had FGM

There is no requirement for automatic referral of adult women with FGM to adult social services or the police. Professionals should be aware that any disclosure may be the first time that a woman has ever discussed her FGM with anyone. A referral to the police should not be an automatic response for all adult women who are identified as having had FGM; cases must individually assessed. Professional should seek to support women by offering referral to community groups who can provide support, or other services as appropriate (see Annex H). In all cases it is also important to consider whether the individual and/or her family are known to social services, and whether there are any existing safeguarding arrangements in place. D.2.6 Professionals Working in Wales: Additional Considerations In Wales, the duty to report to the local authority, as introduced by the Social Services and Well-being (Wales) Act 2014 will apply where there is reasonable cause to suspect that the girl is at risk of further abuse, has needs for care and support, and as a result of those needs is unable to protect herself against the abuse or the risk of it. Section 130 of the Social Services and Well-being (Wales) Act 2014 is due to come into force on 6 April 2016. It will require “relevant partners” of the local authority (including the police, NHS Trust or Health Board) to inform the local authority where they have reasonable cause to suspect that a child within the local authority’s area is a child at risk (i.e. is experiencing or is at risk of abuse, neglect or other kinds of harm, and has needs for care and support).

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D.2.7 Safeguarding Other Family Members Whenever a woman is identified as having had, or being at risk of, FGM, consideration must be given not only to whether she is at risk of further harm, but also to whether there are other girls or women in her family or wider unit who may be at risk of FGM (see Annex B). Issues to consider may include the potential need to: 

share information about an adult related to or known to the child or vulnerable adult in relation to whom safeguarding action is being taken;



share information about a girl or young woman who the professional does not have a direct relationship with, e.g. the elder daughter of a pregnant woman who a midwife is treating.

D.2.8 Women and Girls from Overseas If the girl or woman is from overseas, and fleeing potential FGM, applying to remain in the UK as a refugee can be a complex process requiring professional immigration advice (see www.gov.uk/claim-asylum for more information about the asylum application process). Many individuals, especially women, may be frightened by contact with any statutory agency, as they may have been told that the authorities will deport them and/or take their parents or children from them. Professionals need to be extremely sensitive to these fears when dealing with a victim or potential victim from overseas, whatever their immigration status, as they may not be aware of their true immigration position. These circumstances make them particularly vulnerable. Professionals must not allow any investigation of immigration status to impede police enquiries into an offence that may have been committed against the victim or their children. Border Force officials and police officers may choose to establish an agreement or protocol about how any two simultaneous investigations may work.

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NHS Staff in England: Additional Considerations D.2.9 NHS Staff in England: Additional Considerations The FGM Risk Indication System in the NHS in England The Female Genital Mutilation Risk Indication System (FGM RIS), is a national IT system for health that allows clinicians across England to note on a girl's record within the NHS Summary Care Record application (an existing part of a child’s electronic record) that they are potentially at risk of FGM. The FGM RIS allows the potential risk of FGM to be shared confidentially with health professionals across all care settings until a girl is 18 years old. The FGM RIS can be used at any appropriate time during the delivery of care to check whether the girl has been assessed as being potentially at risk of FGM. If a girl is identified as being at potential risk of FGM, the FGM risk indicator should be added to the system following completion of an FGM risk assessment, as detailed in the Department of Health's guidance titled Female Genital Mutilation Risk and Safeguarding Guidance for professionals (2015)54. The FGM RIS is to be used in conjunction with local safeguarding frameworks and processes. Use of the FGM RIS will not change professional responsibilities in this regard. The FGM RIS will hold the following information:   

an indicator that a girl is potentially at risk of FGM; the date that the FGM safeguarding risk assessment was carried out; and the date that the FGM risk indicator was added on to the system.

Who can access it? Authorised health professionals with the relevant security permissions on their NHS Smartcard are able to access the FGM Risk Indication System. The main groups of health professionals who use the system to add or view information are those most likely to observe and identify the warning signs associated with the potential risk of FGM. These are usually GPs, practices nurses, midwives, school nurses, safeguarding specialists and health visitors. It is also likely that information held within the system will be viewed by clinicians working in NHS travel centres, acute trusts, mental health trusts, and unscheduled care settings such as primary care out-of-hours services, minor injury units and A&E. If a professional working in social care or the police identifies a girl for whom it may be appropriate to have this indicator placed upon the girl’s record, as part of the multi-agency response put in place to safeguarding the girl, they should discuss with the healthcare professional within the team how to make sure this is completed. 54

www.gov.uk/government/publications/safeguarding-women-and-girls-at-risk-of-fgm

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Police: Additional Considerations D.2.10 Police: Additional Considerations Section D.2. provides guidance for all professionals on the considerations and actions for safeguarding women and girls who are at risk of, or who have undergone, FGM. In addition, police should refer to the College of Policing’s Authorised Professional Practice on FGM55 which includes guidance on prevention, protection and evidencegathering in FGM cases. Officers must not let fears of being branded ‘racist’ or insensitive to cultural traditions weaken their investigative strategy or decision(s) to arrest suspects. Investigation must be robust and follow national and local guidance for safeguarding and child abuse investigations. In addition officers should be culturally aware and have an understanding of the people they are dealing with as part of any investigation. Criminal investigations should follow national and local police guidance for safeguarding and child abuse investigations. The procedures described apply in particular to officers and staff in the following roles:

55



child abuse investigation teams;



community safety units;



public protection units;



missing persons teams;



specialist sexual offences investigation teams; and



all police officers and police staff who in the course of their duty deal with or come into contact with children and young people.

www.app.college.police.uk/app-content/major-investigation-and-public-protection/female-genitalmutilation/?s=female+genital+mutilation#prevention

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Police: Additional Considerations Initial steps when a girl may be at risk of FGM If an officer or a member of police staff believes that a girl may be at risk of undergoing FGM, the duty inspector must be made aware and an immediate referral should be made to their local child abuse specialist team or similar. If this is outside their core hours, the duty inspector must ensure that effective protection measures are put in place to ensure the safety of the victim in addition to undertaking an effective primary investigation. The safety and welfare of the girl is of paramount importance. The specialist team will in turn make an immediate referral to the relevant local authority’s children’s social care team if this has not already been done by the first responders/ primary investigators. If any officer believes that the girl could be at immediate risk of significant harm, and use of an Emergency Protection Order has already been considered, they should consider the use of police protection powers under section 46 of the Children Act 1989. Officers should carry out the following actions: 

complete appropriate checks, e.g. Police National Database (PND), Police National Computer (PNC), Children’s Social Care;



submit an appropriate intelligence log;



complete relevant risk assessment and management plans (as per Force policy);



complete a crime report, ensuring that the incident is flagged in accordance with force procedures;



create a crime report/non-crime related occurrence to record the report/referral;



inform their supervisor, who must be at least the rank of inspector (notify a superintendent if further strategic support is required and in accordance with local Force instructions);



all officers and staff must consider whether this could be a critical incident and deal with the matter accordingly;



consider ‘Golden Hour’ principles in relation to evidence gathering; and



consider risk to other children and women in the family.

Next steps when a girl may be at risk of FGM Depending on the circumstances of the case, FGM-related referrals may lead to a strategy meeting with the police, local authority children’s social care, health professionals (school nurse, health visitor, or community/hospital paediatrician as appropriate) and the referrer (e.g. school). Such a meeting should take place as soon as practicable (and in any case within two working days).

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Police: Additional Considerations Officers should consider the use of police protection powers under section 46 of the Children Act 1989 and remove the girl to a place of safety (see Section E.1). In addition, police and local authority children’s social care should consider the use of an FGM Protection Order (see Chapter 3.3), and/or other protective order as appropriate. The welfare of other children within the family, in particular (but not exclusively) female siblings, should be reviewed. The investigation should be the subject of regular ongoing multi-agency reviews to discuss the outcome and any further protective steps that need to be taken with regard to that girl and any other siblings. Officers must not let fears of being branded ‘racist’ or insensitive to cultural traditions weaken their investigative strategy or decision(s) to arrest suspects. Investigation must be robust and follow national and local guidance for safeguarding and child abuse investigations. In addition officers should be culturally aware and have an understanding of the people they are dealing with as part of any investigation. Initial steps when a girl is thought/known to have had FGM If any police officer or police staff is made aware that a girl has already undergone FGM, the duty inspector must be made aware and an immediate referral should be made to their local child abuse special team. If this is outside their core hours, the duty inspector (or on-call senior investigating officer) must manage the initial phase of the investigation and ensure that effective protection measures are put in place. The specialist team will in turn make an immediate referral to the relevant local authority’s children’s social care team. Officers should carry out the following actions: 

complete appropriate checks, e.g. PND, PNC, Children’s Social Care;



submit an appropriate intelligence log;



complete relevant risk assessment and management plans (as per Force Policy);



refer to local authority children’s social care (unless they were the referrer).



complete a crime report, ensuring that the incident is flagged in accordance with force procedures;



inform their supervisor, who must be at least the rank of inspector;



ensure that the on-call superintendent is made aware of the referral;



create a crime report/non-crime related occurrence to record the report/referral;

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Police: Additional Considerations 

if the report is made under the mandatory reporting duty (see Section 3.4) it must be recorded as a crime without delay or waiting for further investigation (unless there is immediately available credible evidence to show that a crime has not occurred). This includes cases where it is suspected that FGM occurred outside of England and Wales.



all officers and staff must treat this crime as a critical incident and deal with the matter effectively;



the investigative strategy should consider obtaining evidence or intelligence identifying the cutters (people who carry out FGM for payment or otherwise) and investigating these individuals with a view to identifying further victims and closing down such networks; and



investigating officers must refer to the Police/Crown Prosecution Service (CPS) Protocol for the investigation and prosecution of FGM cases. The 43 English and Welsh police forces have signed this protocol.

Next steps when a girl is thought/known to have had FGM If it is believed or known that a girl has undergone FGM, a multi-agency strategy meeting should be held as soon as practicable (and in any case within two working days) to discuss the implications for the child and the coordination of the criminal investigation. There is a risk that the fear of prosecution will prevent those concerned from seeking help, resulting in possible health complications for the girl; thus police action will need to be in partnership with other agencies, affected communities and specialist nongovernment organisations. This should also be used as an opportunity to assess the need for specialist support services such as counselling and medical help as appropriate. Police officers should refer to the CPS’s guidance Provision of Therapy for Child Witnesses Prior to a Criminal Trial56. As highlighted above, investigating officers must refer to the Police/CPS Protocol for the investigation and prosecution of FGM cases, which has been signed by the 43 police forces in England and Wales. A second strategy meeting should take place within a reasonable as appropriate to support the operational response.

56

www.cps.gov.uk/publications/prosecution/therapychild.html

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Police: Additional Considerations Conducting interviews about FGM As with all criminal investigations, children and young people should be interviewed under the relevant procedure/guidelines (e.g. Achieving Best Evidence57) to obtain the best possible evidence for use in any prosecution. Consent should be obtained to record the interview and for allowing the use of the interview in family and/or criminal courts. In addition, information gained from the interview process will enable a risk assessment to be conducted as to the risk to any other children or siblings. See Annex C for more information on talking about FGM with those affected. Medical examinations Corroborative evidence should be sought through a medical examination conducted by a qualified medical professional trained in identifying the different types of FGM. In all cases involving children, an experienced paediatrician should be involved in setting up the medical examination. This is to ensure that a holistic assessment which explores any other medical, support and safeguarding needs of the girl or young woman is offered and that appropriate referrals are made as necessary. Steps when an adult has had FGM If any police officer or police staff is made aware that an adult woman has undergone FGM, a multi-agency disciplinary approach must be taken to consider the risks to the woman. This should consider any potential risk to any girls within the family (and extended family) and consider initial and core assessments of those girls. Consideration should also be given to providing supportive services for the woman, including counselling and medical assistance and signposting the FGM survivor to specialist non-governmental organisation support networks. The investigative strategy should consider obtaining evidence or intelligence identifying the excisors (people who carry out FGM for payment or otherwise) and investigating these individuals with a view to identifying further victims and closing down such networks. Investigating officers must consult early with the CPS in all FGM cases - as per the police/CPS protocol so the most effective investigation and prosecution opportunities are identified. Further advice on progressing an investigation can be found online on the Authorised Professional Practice (APP) website (www.app.college.police.uk).

57

www.cps.gov.uk/publications/prosecution/victims.html

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School, Colleges and Universities: Additional Considerations D.2.11 School, Colleges and Universities: Additional Considerations The statutory duties on schools and colleges are set out in Working Together to Safeguard Children58 (for England) and Safeguarding Children – Working Together under the Children’s Act 200459 (for Wales) and Keeping Children Safe in Education60 or Keeping Learners Safe61 in Wales. These apply to FGM as to any other form of abuse. See Annex B for advice on how to identify girls who may have undergone FGM or may be at risk. Section D.2 provides guidance for all professionals on the considerations and actions around safeguarding of women and girls who are at risk of or who have undergone FGM. As well as following relevant statutory guidance, schools, colleges and universities may also find it useful to: 

Raise awareness of FGM among staff and pupils/students by o displaying relevant materials; o providing staff training; o making materials such as books or DVDs available; o including FGM in relevant parts of the school curriculum: PSHE in England (PSE in Wales); sex and relationship education; science; citizenship.



58 59 60 61 62

Resources, including examples of lesson plans, are available in the online resource pack62.

www.gov.uk/government/publications/working-together-to-safeguard-children--2 www.gov.wales/topics/health/publications/socialcare/circular/nafwc1207/?lang=en f https://www.gov.uk/government/publications/keeping-children-safe-in-education--2 http://gov.wales/topics/educationandskills/publications/guidance/keeping-learners-safe/?lang=en www.gov.uk/government/publications/female-genital-mutilation-resource-pack/female-genital-mutilation-resource-pack

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School, Colleges and Universities: Additional Considerations What to do if a student stops attending school Details of the steps that local authorities need to take to meet their duty to identify all children (of compulsory school age63) not receiving a suitable education are described in (England) Children missing education – statutory guidance for local authorities (Nov 2013)64 or Statutory Guidance to Help Prevent Children and Young People from Missing Education: Welsh Assembly Government Circular 006/2010. If a teacher, lecturer or other member of staff suspects that a student has been removed from, or prevented from, attending education as a result of FGM, a referral should be made to the local authority children’s or adult’s social care and the police. Staff may consider speaking to the student’s friends to gather information – although they should not make clear that FGM is suspected as this may get back to the family who may hasten any plans to perform the procedure (as well as potentially breaching confidentiality). Remember: schools and local authorities have specific duties in relation to attendance at school or removing pupils from the school register. Staff should not delete a pupil from the school’s admission register, except in certain circumstances. These are prescribed in The Education (Pupil Registration) (England) Regulations 2006. In certain circumstances, schools are required to inform the relevant local authority of a pupil who is to be removed from the admission register;

63 64

As defined in section 8 of the Education Act 1996 www.gov.uk/government/publications/children-missing-education

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School, Colleges and Universities: Additional Considerations

CASE STUDY: Norbury School Norbury School had a large population of pupils from countries known to practise FGM. The head teacher decided that the school should raise awareness of FGM and identified two key colleagues, both who were well respected by pupils, parents and the wider community, to lead on this work. They recognised that they needed to bring communities on board with the work rather than have a ‘top down’ approach. They also wanted to be open and honest about facts, based on an educational approach, rather than ‘blame’ and ‘lecture’. They used the NSPCC PANTS programme as a basis for their FGM awareness programmes. The PANTS programme sets out a simple message for children that parts of their body covered by underwear are private, their body belongs to them and that no-one has the right to make them do anything that makes them feel uncomfortable. The school had six months of regular meetings with stakeholders including health services, children’s services, their parent group, the voluntary sector, the police, cluster schools and charities to understand the facts, the various educational approaches, training and engagement with communities. Following these meetings the school created their own FGM lesson plans, resources and approaches which they were shared with their stakeholders and modified as required. All Year 5 & 6 pupils’ parents met the school and reviewed the resources before the lessons were piloted and INSETs were held for their staff, governors and parents. The class groups for the lessons were not single-sexed groups until year 6, where they split the boys and the girls in order to see how the questions developed. This was a good step as they found that the boys were very curious and some very angry that this could be done to their sisters, cousins, friends. The school also created a playground display and made it clear that they were educating and not blaming, whilst remaining clear about the law in this county. By the end of the summer term, they had delivered the FGM awareness lessons to all their year 4 – 6 pupils and have the PANTS programme under way across the school from Nursery to year 6. To celebrate the voice of the child, the school have created a working party of Year 3- Year 6 children to raise awareness of FGM across their borough. The children have presented to both professionals and children and even take questions from the floor. The school has strong links with their cluster secondary schools and Year 10 students from those schools have supported the delivery of PANTS lessons to their Year 1 children.

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Annex E: Legal Interventions Key points 

Where a girl or woman is at risk, legal interventions should be considered.



Interventions may include police protection, an Emergency Protection Order, an FGM Protection Order (FGMPO) and/or other orders or applications.



The relevant agencies should consider what is appropriate on a fact-specific basis. In some cases it may be considered that an FGMPO is sufficient to protect a girl at risk. In other cases it may be more appropriate for a combination of orders to be sought, for example, an FGMPO and making a girl a ward of court.



Referral to an accredited family law practitioner to deal with wider issues of private or public family law may be equally important to meet the girl’s needs.



Where an application has been made to the family court to protect a girl who may be at risk of harm (for example, for a care order) and it is subsequently recognised that there is a risk of FGM but no application for an FGMPO has been made, the applicant can request the court to consider making such an order. A court can also make an FGMPO of its own volition where it considers it necessary to protect a girl from FGM during the course of other court proceedings.

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E.1.

Police Protection

Local authority children’s social care may approach the police and ask for their assistance in undertaking a joint investigation. The way in which this is to be handled should be covered in the procedures prepared by the Local Safeguarding Children Board and in accordance with Working Together to Safeguard Children65 (for England) and Safeguarding Children – Working Together under the Children’s Act 200466 (for Wales). A joint approach can be particularly effective where it is thought that a girl or young woman is at immediate risk of FGM. Where there is reasonable cause to believe that a child would otherwise be likely to suffer significant harm, a police officer may (with or without the cooperation of social care) remove that child from the parent and use the powers for ‘police protection’ (section 46 of the Children Act 1989) for up to 72 hours. The police must inform children’s social care who must assist in finding safe and secure accommodation for the girl or young woman if requested to do so. Children’s social care must assist the police, by arranging a placement for the child or young person in a place of safety, taking into account risk management and safety planning – whether this is in local authority accommodation provided by children’s social care, on their behalf, or in a refuge. Local authority children’s social care must commence child protection enquiries under section 47 of the Children Act 1989 when they are informed that a child who lives, or is found in their area, is in police protection67. They must also do so if they are told that the child is the subject of an emergency protection order, or they have reasonable cause to suspect that a child who lives, or is found, in their area is suffering or likely to suffer significant harm. Children’s social care may apply for an Emergency Protection Order (EPO) (see Section E.3) at any point within the 72 hours if there is reasonable cause to believe the child is likely to suffer significant harm if she is not removed to accommodation provided by or on behalf of the local authority or does not remain in the place in which she is then being accommodated. The police have the power to make their own application for an EPO on behalf of the relevant local authority, but as a matter of practice this is done by children’s social care.

65 66 67

www.gov.uk/government/publications/working-together-to-safeguard-children--2 www.gov.wales/topics/health/publications/socialcare/circular/nafwc1207/?lang=en f Section 47(1)(a)(ii) of the Children Act 1989.

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Remember: 

police officers have powers, under section 17(1)(e) of the Police and Criminal Evidence Act 1984, to enter and search any premises in order to protect life or prevent injury;



police officers can also prevent the removal of a child from a hospital or other safe place in which the child or young person is accommodated68;



the parents may ask for contact with the child under protection, but this does not have to be granted if it is not, in the opinion of the officer designated for the purposes of section 46, both reasonable and in the best interests of the child, i.e. if it would place the child or young person in danger;



the local police child abuse investigation team must be informed of any child under police protection;



a girl may wish to see a female police officer;



the girl may, or may not, want to see a police officer from her own community – try to give the child the choice;



in all cases, check whether or not the girl is subject of a Child Protection Plan; and



the police do not have parental responsibility with respect to a child while that child is under police protection, but they must do what is reasonable in all the circumstances of the case for the purposes of safeguarding or promoting the child’s welfare (having regard in particular to the length of the period during which the child will be protected).

E.2.

FGM Protection Orders

Section 5A of and Part 1 of Schedule 2 to the 2003 Act”69 provide for the making of FGM Protection Orders (FGMPOs) in England and Wales70. An FGMPO is a civil order which may be made for the purposes of protecting a girl at risk of FGM or protecting a girl against whom an FGM offence has been committed. Breach of an FGMPO is a criminal offence with a maximum penalty of up to 5 years’ imprisonment. More information on FGMPOs is available in Section 3.3.

68 69 70

Section 47(1)(a)(ii) of the Children Act 1989. As inserted by section 73 of the Serious Crime Act 2015. Part 2 of Schedule 2 to the 2003 Act makes similar provision in Northern Ireland.

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E.3.

Emergency Protection Orders (EPO) Under Section 44 of the Children Act 1989

An application for an EPO can be made by anyone – including social workers, police, youth workers, advocates or friends of the girl or young woman – but in practice it is usually made by local authority children’s social care. An EPO authorises the applicant to remove the girl and keep her in safe accommodation, but this power can only be exercised in order to safeguard the girl’s welfare. In addition, the EPO operates to require any person in a position to do so to comply with any request to produce the child to the applicant. An EPO may also include directions as to the medical examination of the child (or that such examinations should not take place), although if the child is of sufficient understanding to make an informed decision, she may refuse to submit to such an examination. An EPO lasts for a period not exceeding eight days, but it may be renewed for up to a further seven days. More information on EPOs is available at: www.cafcass.gov.uk/grownups/professionals/care.aspx For further information on court orders, refer to The Children Act 1989: court orders (2014). E.4.

Care Orders and Supervision Orders

Sometimes an EPO is followed by an application from the local authority for a Care Order or Supervision Order (sections 31 and 38 of the Children Act 1989). Without either a Care Order or an Interim Care Order, once the EPO has lapsed, the local authority will no longer have parental responsibility. No care or supervision order may be made with respect to a child who has reached the age of 17 (or 16 if the child is married). When a Care Order or Supervision Order is not available due to the age of the child, children’s social care should be aware of the opportunities presented by an FGM Protection Order or by making a child a ward of court, under the inherent jurisdiction of the High Court. A Ward of Court Order is available up to 18 years old. A child who is the subject of a Care Order cannot be made a ward of court More information on Care Orders and Supervision Orders is available at: www.cafcass.gov.uk/grown-ups/professionals/care.aspx

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E.5.

Inherent Jurisdiction

A children’s social care department may ask the High Court to exercise its inherent jurisdiction to protect the child. Any person with a genuine interest in the child, including the child themselves, a private individual or the Children and Family Court Advisory Support Service (CAFCASS/CAFCASS CYMRU) legal services department can apply to have a child made a ward of court. A local authority may only apply for an order under the High Court’s inherent jurisdiction if it has permission from the court to do so (under section 100 of the Children Act 1989). Leave to apply may only be granted by the court if it is satisfied that the result the local authority wishes to achieve could not be achieved through the making of any order, other than one under the court’s inherent jurisdiction. A local authority is entitled to apply for this where they have reasonable cause to believe that if the court’s inherent jurisdiction is not exercised, the child is likely to suffer significant harm. For the purposes of obtaining protection for a child or young person, there is little difference between wardship and the other orders made in the exercise of the inherent jurisdiction of the High Court71. All types of orders under the inherent jurisdiction are flexible and wide-ranging, and an order may be sought where there is a real risk of a child being subjected to FGM. Where there is a fear that a child may be taken overseas for the purpose of FGM, an order for the surrender of their passport may be made as well as an order that the child may not leave the jurisdiction without the court’s permission. Orders for the immediate return of the child or young person can be obtained. These orders can be enforced on family members or extended family members. The orders are in the form of injunctions with penal notices attached. E.5.1 Applications for Wardship Once a young person has left the country, there are fewer legal options open to police, social services, other agencies or another person to recover the young person and bring them back to the UK. One course of action is to seek the return of the young person to the jurisdiction of England and Wales by making them a ward of court. Making a child a ward of court falls within the inherent jurisdiction of the High Court.

71

See paragraph 1.3 of Practice Direction 12D of the Family Procedure Rules 2010 that provides guidance on the distinguishing characteristics of wardship.

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An application for wardship is made to the High Court Family Division72, and may be made by a relative, friend close to the child or young person, or CAFCASS/CAFCASS CYMRU legal services department or any interested party. Where an urgent ward of court application is required, an application should be made where possible within court hours. It is key that in such situation, early liaison with the Clerk of the Rules occurs in order that they can attempt to accommodate such requests. When it is not possible to apply for urgent wardship order within court hours, contact should be made with the security office at the Royal Courts of Justice (020 7947 6000 or 020 7947 6260)73 who will refer the matter to the urgent business officer. The urgent business officer can contact the duty judge. The judge may agree to hold a hearing, either convened at court or elsewhere, or by telephone74. Paragraph 16 of Schedule 2 to the 2003 Act makes it clear that there is no effect on: 

the inherent jurisdiction of the High Court;



any criminal liability;



any civil remedies under the Protection from Harassment Act 1997;



any right to an occupation order or a non-molestation order under Part 4 of the Family Law Act 1996;



any right to a forced marriage protection order under Part 4A of that Act;



any protection or assistance under the Children Act 1989; or



any claim in tort

if making an application for a FGM Protection Order.

72 73 74

Rule 12.36(1) of the Family procedure Rules 2010. www.justice.gov.uk/courts/procedure-rules/family/practice_directions/pd_part_12e Practice Direction 12E (Urgent business) www.justice.gov.uk/courts/procedurerules/family/practice_directions/pd_part_12e

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E.6.

Repatriation

When a British national seeks assistance at a British Embassy or High Commission overseas and wishes to return to the UK, the Foreign and Commonwealth Office (FCO) will do what it can to assist or repatriate the individual. Sometimes the FCO may ask the police or social services for assistance when a British national is being repatriated to the UK from overseas. In many cases a victim of FGM may be extremely vulnerable: because of their age, the country in which they are located or their personal circumstance. If the FCO is able to repatriate them, it may not be able to give the police or social services much, if any, notice of the person’s arrival due to the urgency of the situation. Sometimes a person may have risked their life to escape and their family may go to considerable lengths to find them. She may be extremely traumatised and frightened. These factors can make individuals particularly vulnerable when they return to the UK and it is likely that urgent multi-agency consideration of the level of risk faced by a victim of FGM will be appropriate. Many FGM cases involve children under the age of 16. In such cases, in order to assist the victim to return to the UK, the support and assistance of UK agencies (such as police and social services) will be essential and assistance from overseas authorities seized with safeguarding duties is also likely to be necessary. In some countries this could be the police, but in others it may be the Ministry for Children or even Health. Supporting repatriation of FGM victims under 16 without the support of at least one person with parental responsibility or the safeguarding authorities incountry may be very difficult and drawn out. Remember: 

the FCO cannot pay for repatriation. They will normally ask the person or trusted friends to fund the cost of repatriation. In some cases, repatriation has been funded by schools or social services. However, this should never delay the process of getting the individual to safety;



the FCO can facilitate a British national’s return to the UK by providing emergency travel documents, in some exceptional circumstances helping to arrange flights and, where possible, by helping to find temporary safe accommodation while the victim is overseas; and



the FCO or social services may ask the police to meet the person on arrival, in case family members try to abduct them, at the airport.

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Annex F: Care and Support F.1.

Health Services

Women and girls who have had FGM can have a variety of different needs for care and support, and may seek help from a range of places. The appropriate treatment will depend on the girl/woman’s individual circumstances and an assessment of her needs. This will normally include considering her symptoms, type of FGM and whether she is pregnant. As with all health services, an individual care plan should be agreed with the patient and put in place to meet her specific needs. When developing a new service or care pathway within an area, organisations are encouraged and advised to work with patient representatives and groups who can advise on the wishes and needs of service users. Health Services: Additional Resources For clinical guidelines on the care of women who have undergone FGM, please see Female Genital Mutilation and its Management (Green-top Guideline No. 53), published by Royal College of Obstetrics and Gynaecology. In Wales, there is a published FGM Care Pathway and any queries should be directed through the health board FGM lead: www.wales.nhs.uk/sitesplus/888/page/67421/

F.2.

Counselling and Psychological Services

Case histories and personal accounts taken from women indicate that FGM can be an extremely traumatic experience which stays with them for the rest of their lives. Young women receiving psychological counselling in the UK report feelings of betrayal by parents, incompleteness, regret, and anger75. There is increasing awareness of the severe psychological consequences of FGM for girls and women, which can become evident in mental health problems.

75

Haseena Lockhat (2004) Female Genital Mutilation: Treating the Tears, London: Middlesex University Press.

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Local commissioners must consider the provision of mental health support and services, and that girls and women who have undergone FGM are able to access this treatment as required. The support should be provided following an assessment of individual needs, and clinicians should discuss the care pathway with the patient, however, services should also consider allowing patients to access them directly without the need for a referral. F.3.

Safety of Service Users

When services are commissioned, appropriate consideration is required to ensure the safety of patients. Any written materials and clinic names should be developed with due care and consideration that references to FGM may pose a safety risk if family members do not support the woman’s actions to access support services. F.4.

Child Protection Examinations

If a girl has been referred to social services, it is standard practice to refer her in a timely manner for a child protection examination. A child protection examination is carried out to look for signs that a child or young person has been abused or neglected. This is different from a clinical examination, which aims to establish what is wrong with the child or young person and what treatment may be needed. If there is a delay in accessing a child protection examination appointment, this can cause unnecessary distress for a girl and her family, as an appropriate safeguarding response is normally informed by the details obtained within such an appointment. As such, organisations and professionals should make sure that the appointments are commissioned on an appropriate basis, and that professionals refer to them without delay after a referral is made. The multi-agency safeguarding response should also consider whether the girl needs to attend a clinical examination to consider what her care needs are. The General Medical Council has issued guidance on child protection examinations76. This guidance covers the considerations around obtaining consent (required), and what to do if consent it not given.

76

www.gmc-uk.org/guidance/ethical_guidance/13430.asp

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Annex G: Terms Used for FGM In Other Languages Country

Term used for FGM

CHAD – the Ngama Sara subgroup

Bagne

EGYPT

Thara

Arabic

Khitan

Arabic

Khifad

Arabic

Megrez

Amharic

Absum

Harrari

ERITREA

Mekhnishab

Tigregna

GAMBIA

Niaka

Mandinka

Kuyango

Mandinka

Musolula Karoola

Mandinka

GUINEA-BISSAU

Fanadu di Mindjer

Kriolu

IRAN

Xatna

Farsi

KENYA

Kutairi

Swahili

Kutairi was ichana

Swahili

Ibi/Ugwu

Igbo

didabe fun omobirin / ila kiko fun omobirin

Yoruba

Sunna

Soussou

Bondo

Temenee

Bondo/Sonde

Mendee

Bondo

Mandinka

Bondo

Limba

Gudiniin

Somali

Halalays

Somali

Qodiin

Somali

Khifad

Arabic

Tahoor

Arabic

Kadin Sunneti

Turkish

ETHIOPIA

NIGERIA

SIERRA LEONE

SOMALIA

SUDAN TURKEY

Language

Gadja

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Annex H: Contact Information HELPLINES NSPCC FGM helpline: 0800 028 3550 www.nspcc.org.uk/preventing-abuse/child-abuse-and-neglect/female-genitalmutilation-fgm email: [email protected] National Domestic Violence Helpline: 0808 2000 247 (24-hour) www.nationaldomesticviolencehelpline.org.uk/ ChildLine: 0800 1111 www.childline.org.uk POLICE Police forces www.gov.uk/contact-police Metropolitan Police Service Project Azure Partnership Team: 020 7161 2888 GOVERNMENT FGM Unit The FGM Unit, based at the Home Office, co-ordinates work on FGM across government and offers outreach support to local areas. Please note the unit does not handle individual cases. [email protected] Forced Marriage Unit The Government’s Forced Marriage Unit can be contacted for advice on forced marriage issues on 020 7008 0151 (Monday – Friday, 9am – 5pm; call 020 7008 1500 and ask for the Global Response Centre in emergencies outside of these hours).

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OTHER ORGANISATIONS For a list of other organisations who can provide advice and support on FGM see the ‘Contact, helplines and clinics’ section of the FGM resource pack: www.gov.uk/government/publications/female-genital-mutilation-resourcepack/female-genital-mutilation-resource-pack#contacts-helplines-and-clinics Enter a postcode to find local organisations www.gov.uk/female-genital-mutilationhelp-advice

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Annex I: Resources Safeguarding guidance HM Government (2015) Working Together to Safeguard Children www.gov.uk/government/publications/working-together-to-safeguard-children--2 Welsh Government (2007) Safeguarding Children: Working Together under the Children Act 2004 www.gov.wales/topics/health/publications/socialcare/circular/nafwc1207/?lang=en f Welsh Government (2001) Framework for the Assessment of Children in Need and their Families http://gov.wales/topics/health/publications/socialcare/guidance1/assessing/?lang=en HM Government (2015) What to do if you’re worried a child is being abused www.gov.uk/government/publications/what-to-do-if-youre-worried-a-child-is-beingabused--2 Department of Health (2015) Female Genital Mutilation: Risk and Safeguarding – Guidance for professionals www.gov.uk/government/uploads/system/uploads/attachment_data/file/418564/2903 800_DH_FGM_Accessible_v0.1.pdf Department for Education (2015) Keeping Children Safe in Education www.gov.uk/government/publications/keeping-children-safe-in-education--2 Department for Education (2015) Children Missing Education: Statutory guidance for local authorities www.gov.uk/government/publications/children-missing-education All Wales Child Protection Procedures Review Group (2011) All Wales Protocol: Female Genital Mutilation www.wales.nhs.uk/sitesplus/888/page/67421/ Prevalence data UNICEF FGM international data http://data.unicef.org/child-protection/fgmc.html Macfarlane A, Dorkenoo E. (2015) Prevalence of Female Genital Mutilation in England and Wales: National and local estimates. London: City University London and Equality Now http://openaccess.city.ac.uk/12382/ HSCIC, NHS England FGM data www.hscic.gov.uk/searchcatalogue?q=%22female+genital+mutilation%22&area=&si ze=10&sort=Relevance

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FGM Protection Orders (FGMPOs) HM Courts Service Application forms for FGMPOs and information in different languages on how FGMPOs can protect people www.gov.uk/female-genitalmutilation-protection-order Mandatory reporting Home Office (2015) Mandatory reporting procedural information www.gov.uk/government/publications/mandatory-reporting-of-female-genitalmutilation-procedural-information Department of Health (2015) Mandatory reporting resources for healthcare professionals www.gov.uk/government/publications/fgm-mandatory-reporting-inhealthcare Home Office (2016) Fact sheet on mandatory reporting of female genital mutilation www.gov.uk/government/publications/fact-sheet-on-mandatory-reporting-of-femalegenital-mutilation Commissioning services Imkaan, Accredited Quality Standards for working with black and minority ethnic (BME) women and girls and harmful practices: Forced marriage (FM), Female genital mutilation (FGM) and ‘Honour-based’ violence (HBV) http://imkaan.org.uk/iaqs Department of Health (2015) Commissioning Services to Support Women and Girls with Female Genital Mutilation www.gov.uk/government/publications/services-forwomen-and-girls-with-fgm Training and awareness for professionals Home Office, e-learning module FGM: How to recognise and prevent it www.fgmelearning.co.uk E-learning for healthcare, e-learning modules for healthcare professionals in England www.e-lfh.org.uk/programmes/female-genital-mutilation/ Welsh Government, Live Fear Free: Training on Domestic Abuse, Sexual Violence and Violence against Women http://livefearfree.gov.wales/guidance-forprofessionals/national-training-framework/?lang=en Home Office (2015), FGM resource pack (including case studies and links to organisations and resources to support local work to tackle FGM) www.gov.uk/government/publications/female-genital-mutilation-resourcepack/female-genital-mutilation-resource-pack%20%20

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Information sharing Department for Education (2015) Information sharing: advice for practitioners providing safeguarding services to children, young people, parents and carers www.gov.uk/government/publications/safeguarding-practitioners-information-sharingadvice Resources for healthcare professionals NHS Choices, FGM guidance for professionals www.nhs.uk/guidelines Department of Health (2015) Female Genital Mutilation: Risk and Safeguarding – Guidance for professionals www.gov.uk/government/uploads/system/uploads/attachment_data/file/418564/2903 800_DH_FGM_Accessible_v0.1.pdf Health and Social Care Information Centre, Information on the Female Genital Mutilation Risk Indication System www.hscic.gov.uk/fgmris Health and Social Care Information Centre, Information on the Female Genital Mutilation (FGM) Enhanced Dataset Information Standard (SCCI2026) www.hscic.gov.uk/fgm Department of Health and Health and Social Care Information Centre (2015) Understanding the FGM enhanced dataset www.gov.uk/government/publications/safeguarding-women-and-girls-at-risk-of-fgm Royal College of Obstetricians and Gynaecologists (2015) Female Genital Mutilation and its management (Green-top Guideline No. 53) www.rcog.org.uk/en/guidelinesresearch-services/guidelines/gtg53/ Royal College of Nursing (2015) Female Genital Mutilation www.rcn.org.uk/clinicaltopics/female-genital-mutilation General Medical Council, Guidance on child protection examinations www.gmcuk.org/guidance/ethical_guidance/13430.asp General Medical Council (2008) Consent: Patients and Doctors Making Decisions Together www.gmc-uk.org/guidance/ethical_guidance/consent_guidance_index.asp%20 General Medical Council (2009) Confidentiality www.gmcuk.org/guidance/ethical_guidance/confidentiality.asp General Medical Council (2013) Intimate Examinations and Chaperones www.gmcuk.org/guidance/ethical_guidance/21168.asp

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Resources for police College of Policing (2015) Authorised Professional Practice: Female Genital Mutilation www.app.college.police.uk/app-content/major-investigation-and-publicprotection/female-genital-mutilation/?s=female+genital+mutilation#prevention Crown Prosecution Service, Provision of Therapy for Child Witnesses Prior to a Criminal Trial www.cps.gov.uk/publications/prosecution/therapychild.html Ministry of Justice (2011) Achieving Best Evidence in Criminal Proceedings: Guidance on interviewing victims and witnesses, and guidance on using special measures www.cps.gov.uk/publications/prosecution/victims.html Asylum Information on claiming asylum in the UK www.gov.uk/claim-asylum Legal interventions Children and Family Court Advisory and Support Service, information on legal interventions to safeguard children www.cafcass.gov.uk/grownups/professionals/care.aspx Forced marriage HM Government (2014) The Right to Choose: Multi-agency statutory guidance for dealing with forced marriage www.gov.uk/guidance/forced-marriage HM Government (2014) Multi-agency practice guidance: handling cases of forced marriage www.gov.uk/guidance/forced-marriage Materials for public awareness-raising To order hard copies of materials, email the FGM Unit: [email protected] To order the Statement Opposing FGM (also know as the ‘Health Passport’) which sets out the law on FGM and the help and support available and is available in 11 languages, visit the Department of Health orderline website www.orderline.dh.gov.uk

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Annex J: Making an Application for an FGM Protection Order (FGMPO) Yes

No

Are you a victim of FGM or at risk of FGM?

Are you a local authority seeking to protect a girl who has been a victim of FGM or is at risk of FGM?

Yes

Complete Form FGM001 (obtainable at: http://hmctsformfinder.justice.gov.uk/HMC TS/GetForm.do?court_forms_id=12000) You can complete the application form yourself or you can get a solicitor to do it for you. Further details on how to complete the form are set out on the back of Form FGM001. The application should include details of how you want the court to protect you or the person at risk of FGM, e.g. to prevent you or the person at risk from being taken abroad for FGM to be committed. The application should include details of any discussions which have caused you to believe you, or the person to be protected, may be at risk of FGM.

No

Completed forms should be submitted to the court by post or in person. You can also send your application by email.

If you are not the victim or a local authority, are you an individual (e.g. a relative or family member), a public authority (e.g. the police, a health authority, or school etc.) or any other organisation (such as a charity or support organisation) who is seeking an application to protect someone who has been a victim of FGM or someone at risk of FGM?

Yes

You will need to seek the court’s permission to apply for a FGM Protection Order. You should complete Form FGM006 (obtainable at: http://hmctsformfinder.justice.gov.uk/HMC TS/GetForm.do?court_forms_id=12050) The application should include details of your reasons for seeking to apply for an FGM Protection Order, your connection with the person to be protected and what you know of their circumstances. Completed forms should be submitted to the court by post or in person. You can also send your application by email.

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Publication date: April 2016 © Crown copyright 2016 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence v.2. To view this licence visit www.nationalarchives.gov.uk/doc/open-governmentlicence/version/2/ or email [email protected]

Any enquiries regarding this document should be sent to the FGM Unit at [email protected] This publication is available for download at www.official-documents.gov.uk

Where third party material has been identified, permission from the respective copyright holder must be sought.

ISBN:

978-1-78655-081-1