SAFEGUARDING CHILDREN POLICY AND PROCEDURE

SAFEGUARDING CHILDREN POLICY AND PROCEDURE Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 1 of...
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SAFEGUARDING CHILDREN POLICY AND PROCEDURE

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 1 of 38

DOCUMENT DETAILS Document Title Document Number Version Number Replaces If new document, reason for development Description of Amendments Document Type Content Application Author/Originator and Title Date of Circulation Document to be read in conjunction with

Reference/s Ratifying Committee/s Ratified Date Review Date Person/s Responsible for Reviewing Document Training Required Completed Distribution Information Page Completed Training Information Page Completed Equality & Diversity Screening Completed Document Control Checklist

Safeguarding Children Policy and Procedure POL/AD/WCN/954 002 N/A N/A As per table below Policy/Procedure Administrative Trust Wide Matron Graeme Mitchell May 2011 Consent Policy Working Together to Safeguard Children Policy Quality Board May 2011 May 2012 Matron Yes Yes Yes Yes Yes

(chair of committee to sign only when ALL Document Control Pages have been completed)

Name:

…………………………………………………. Date: …………………………………

Signature: …………………………………………………. Document Change History - changes from previous issues of document (if applicable): Page

Description of Changes

15 (Section 11) 5 (Section 4)

Addition of Working Together to Safeguard Children Policy (pdf) Bullet Points 7, 8, 9 and 10 added regarding CRB checks

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 2 of 38

TABLE OF CONTENTS

1.

INTRODUCTION 1.1 Status 1.2 Purpose 1.3 Scope

4 4 4 4

2.

GENERAL POLICY STATEMENT

4

3.

DEFINITIONS

4

4.

DUTIES AND RESPONSIBILITIES

5

5.

PROCESS DOCUMENTS

6

6.

SPECIAL REQUIREMENTS 6.1 Training Requirements 6.2 Patient and Public Involvement 6.3 Supporting Staff Involved in Child Protection

7 7 7 7

7.

IMPLEMENTATION, MONITORING AND REVIEW

8

8.

DOCUMENTATION

8

8.1 8.2 8.3

Other Related Policies, Procedures or Work Instructions Relevant Legislation/Statutory Requirements List of Appendices

8 8 8

Appendix 1 Appendix 2 Appendix 3 Appendix 4 Appendix 5 Appendix 6 Appendix 7 Appendix 8 Appendix 9 Appendix 10

9 18 20 21 23 24 26 27 29 33

Procedure (Protocol) or Guideline Section Equality Impact Assessment Glossary of Terms Checklist for Procedures and Guidelines Section 31 (9) of The Children Act (1989) Parental Responsibility Confidentiality Parenting Capacity List of Offences What to do if you have a concern (flowchart)

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1.

INTRODUCTION Whilst the Trusts normal business is not involved in the care of children/young people there are occasions when children/young people are admitted and treated. As an NHS organisation we also have a responsibility to staff and patients who are parents and carers. The Trust wishes to ensure that all managers and staff are aware of their duties and responsibilities to safeguard and promote the welfare of children and young people outlined in the Children Act 1989 and Section 11 of the Children Act 2004.

1.1

Status This is a Clinical Policy & Procedure document.

1.2

Purpose There is a statutory duty placed on health professionals to help social services with their enquiries so long as it is compatible with their own statutory duties and does not prejudice the discharge of any of their functions. This policy is designed to support and inform any member of Trust staff who has concerns regarding a safeguarding children issue and what procedure should be followed.

1.3

Scope It applies to all Trust managers and staff who may come in contact with children and staff members who are parents/carers.

2.

GENERAL POLICY STATEMENT All those who come into contact with children/young people and their families in their everyday work, including people who do not have a specific role in relation to safeguarding children, have a duty to safeguard and promote the welfare of children/young people. The Trust also has a duty to safeguard and promote the welfare of children and young people who use its service and whilst the vast majority of the Trust’s patients are adults a small number of patients, are treated at the hospital under the care of the Royal Liverpool Children’s Hospital (Alder Hey). These patients are nursed within a designated area on the High Dependency Unit. This room is reserved for the sole use of children and young people. These patients who have not yet reached their 18th birthday come under the auspices of the safeguarding children legislation. In addition, a small number of children may visit patients at WCFT.

3.

DEFINITIONS For the purpose of this document children/young people relate to individuals younger than 18 years of age.

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4.

DUTIES AND RESPONSIBILITIES

4.1

Legal and Statutory Duties and Responsibilities Role and Responsibilities of Social Services/Local Authority The Local Authority Social Services Department has a statutory responsibility, in partnership with other agencies and make enquiries when there are child welfare concerns, for the protection of children/young people. Their aim is to make all local services for children coherent and to ensure that relevant organisations identify, assess and manage children and young people in need of protection. Role and Responsibilities of the Trust: The Trust will:   

    

 

    

Notify the LSCB of any child death (see 13) Ensure that systems are in place which comply with requirements required by the Local Safeguarding Children Board Ensure that safeguarding children policies and procedures are in place and reviewed annually or whenever relevant legislation is amended or new guidance issued. Ensure that managers and staff receive appropriate training. Identify a named nurse and doctor for safeguarding children. Identify a person at Executive level with responsibility for safeguarding children Operate a Safer Recruitment and Selection Policy (see Recruitment and selection Policy ) Ensure that checks are made with the Criminal Records Bureau before appointing all staff. The Employment Services Team will check completed Criminal Records Bureau application forms and forwards them to the CRB within 1 working day of Completion of the form by appointee. Employee Services will confirm satisfactory completion of employment checks to the recruiting manger by email within 1 working day of final clearance No offer of employment will be made without receiving satisfactory references Alert letters, GMC and NMC notifications are recorded with the Medical Staffing and Employment Services sections. The names of all short listed candidates are checked against these lists before the candidates are invited to interview. Any notifications received which match an applicant who has been short listed for interview will be brought to the attention of a member of the senior HR team in Aintree House, who will in turn raise any concerns with the Walton Centre Receive an annual report on safeguarding children issues. Regularly audit safeguarding children arrangements. Respond to any emerging strategies, policies and guidance issued by the Department of Health and Department for Education and Skills. Compliant with section 11 of 2004 Childrens Act Ensure that allegations made against professionals are referred to the LADO (Local Authority Designated Officer)

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Role and Responsibilities of Staff This policy applies to all Trust managers and staff, including temporary staff and those in training. All staff must: 







 

4.2

Be familiar with and follow Trust policy and procedures for promoting and safeguarding the welfare of children/young people within The Walton Centre and know who to contact within the organisation to express concern about a child’s/young person’s welfare. Remember that an allegation of child abuse or neglect may lead to a criminal investigation so staff must not do anything that may jeopardise a police investigation e.g. asking the child/young person leading questions or attempting to investigate allegations of abuse. Communicate with the child/young person in a manner appropriate to their age, understanding and preference. Reassure the child/young person but do not promise confidentiality. Discuss their concerns and any differences of opinion with their line manager. If there are still concerns, these must then be reported to the named nurse or doctor for safeguarding children. Record all concerns, discussions with the child/young person, decisions made and the reasons for those decisions in the nursing or medical records. Attend dedicated safeguarding children training at designated intervals as required by the Trust.

Specific Duties and Responsibilities within The Walton Centre for Neurology & Neurosurgery NHS Trust (WCFT) The Named Nurse and Executive Lead for safeguarding children is the Director of Nursing & Governance. The Named Consultant for safeguarding children is a Consultant Neurosurgeon who holds a joint appointment between WCFT and Alder Hey – Mr Connor Mallucci. Trust operational lead for safeguarding children is the Matron for Neurology and Long Term Conditions. All WCFT managers and staff are responsible for co-operating with the development and implementation of corporate policies as part of their normal duties and responsibilities. Temporary or agency staff, contractors, students or others will be expected to comply with the requirements of all Trust policies applicable to their area of operation.

5.

PROCESS DOCUMENTS The procedures within this document are based on: Information sharing: Guidance for practitioners and managers – March 2009 The Children Act 1989 The Children Act 2004

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Making Arrangements to Safeguard and Promote the Welfare of Children Aug 2005 Working Together to Safeguard Children 2010 and associated supplementary guidance. The UN Convention of the Rights of the Child The European Convention of Human Rights/The Human Rights Act 1999 Local Safeguarding Children Board (LSCB) procedure manuals HM government guidelines The Framework for the Assessment of Children in Need and their Families 2000 Lord Lamings’ Inquiry following the Death of Victoria Climbie 2003 The Sexual Offences Act 2003 The Civil Partnership Act 2004 The Protection of Children in England 2009 What to do if you are concerned a child is being abused 2006 – HMGOV Statutory guidance on making arrangements to safeguard and promote the welfare of children under section 11 of the child act 2004 (2007) The document has been ratified by the Trust Board and will be subject to review on an annual basis by the Trust representative for Safeguarding Children. 6.

SPECIAL REQUIREMENTS

6.1

Training Requirements All new staff to the Trust will attend the Mandatory Trust Induction Programme. Included in this is a section on the processes in place to protect both vulnerable children and adults. Each clinical team will be required to attend an update, preferable annually but no later than 3 every three years, then delivered to them as part of a team/departmental training. At least annual briefings to all staff

6.2

Patient & Public Involvement Because of the nature of this document patient and public were not consulted.

6.3

Supporting Staff Involved in Child Protection The Trust recognises that incidents involving child protection can be a stressful experience for all staff involved. As such, the Counselling Service is available to all employees who wish to access it. This service is confidential, and as such, the Trust does not learn who attends or details of any discussions. Employees are able to self-refer to the Counselling Service. Alternatively, staff should refer to the Guidelines for Supporting Staff Involved in Traumatic / Stressful Incidents, Complaints or Claims.

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7.

IMPLEMENTATION, MONITORING AND REVIEW The Director of Nursing and Governance is responsible for implementing this policy. The Director of Nursing & Governance and Matron for Neurology and Long Term Conditions are responsible for ensuring that this document is reviewed and if required, revised in the light of legislative, guidance or organisational change. Once the document is revised it will be issued to departments and wards and posted on the intranet. Review shall be at no more than annual intervals

8.

DOCUMENTATION

8.1

Other related Policies, Procedures or Work Instructions This policy is unique in nature although children/young people should be treated in accordance with all other WCFT policies taking into account their age and individual circumstances.

8.2

Relevant Legislation/Statutory Requirements Documents and legislative requirements to adhere to this policy are included in the list set out in para 5. List of Appendices

8.3

Please list all implementation. Appendix 1 – Appendix 2 – Appendix 3 – Appendix 4 – Appendix 5 – Appendix 6 – Appendix 7 – Appendix 8 – Appendix 9 – Appendix 10 –

arrangements,

procedures,

protocols

or

Procedure (protocol) or guideline section Equality Impact Assessment Glossary of Terms Checklist for Procedures & Guidelines Section 31 (9) of the Children Act (1989) Parental Responsibility Confidentiality Parenting Capacity – initial assessment List of Offences What to do if you have a concern (flowchart)

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 8 of 38

guidelines

for

APPENDIX 1

PROCEDURE (PROTOCOL) or GUIDELINE SECTION Objectives To ensure children/young people treated within the Trust are appropriately managed and in the event of suspicion or knowledge that a child’s safety or welfare is at risk appropriate action is taken. Content 1. What is a Child In Need? Children who are defined as being ‘in need’ under the Children Act (1989) are those whose vulnerability is such that they are unlikely to reach or maintain a satisfactory level of health or development, or their health and development will be significantly impaired without the provision of services of the Children Act (1989). 2. What is Significant Harm? The Children Act (1989) introduced significant harm as the threshold that justifies compulsory intervention in family life in the best interests of children/young people and defines it as: ‘Injury, ill treatment or avoidable impairment of health and development that is due to a standard of care below that of a reasonable parent’. Section 31 (2). (See Guidance Point A) ‘Where the question of whether harm suffered by the child is significant, turns on the child’s health and development, his health or development shall be compared with that which could reasonably be expected of a similar child’. Section 31 (10). Decisions about significant harm are complex and should be informed by an assessment of the child’s/young person’s circumstances and discussion between the statutory agencies and with the child/young person and their family. 3. What is Abuse and Neglect? A person may abuse a child/young person by inflicting harm, or by failing to act to prevent harm. Children and young people may be abused in a family, institutional or community setting; by those known to them, or more rarely by a stranger. Physical Abuse Physical abuse 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.

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Emotional Abuse Emotional abuse is persistent emotional ill treatment of a child such as to cause severe and persistent and adverse effects on the child's emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond the child’s developmental capability, as well as overprotection and limitation of exploring and learning or preventing the child participating in normal interaction. It may involve serious bullying causing children to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of ill treatment of a child, though it may occur alone. Sexual Abuse Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative (e.g. rape or buggery) or non-penetrative acts. They may include non-contact activities, such as involving children looking at, or in the production of, pornographic material or watching sexual activities, or encouraging children to behave in sexually inappropriate ways. Neglect Neglect is persistent failure to meet the child's basic physical and/or psychological needs, likely to result in the serious impairment of a 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, shelter and clothing, failing to protect a child from physical harm or danger, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child's basic emotional needs. Fabricated or induced illness (FII) These concerns may arise when:  Reported symptoms and signs found on examination are not explained by any medical condition from which the child may be suffering;  Or physical examination and results of medical investigations do not explain reported symptoms and signs;  Or there is an explicably poor response to prescribed medication and other treatment;  Or new symptoms are reported on resolution of previous ones;  Or reported and found signs are not seen to begin in the absence of the caregiver  Or over time, the child is repeatedly presented by the parent or caregiver with a range of symptoms;  the child’s normal activities are being curtailed beyond what might be expected for any medical disorder from which the child is known to suffer.  In the circumstances it is essential that you do not share your concerns with the parent/carer.

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 10 of 38

Female Genital Mutilation Female genital mutilation (FGM) is a collective term for procedures that include the removal of part or all of the external female genitalia, for cultural or other non-therapeutic reasons. The practice is medically unnecessary, extremely painful and has serious health consequences, both at the time when the mutilation is carried out and in later life. The procedure is typically performed on girls aged between four and 13, but in some cases FGM s performed on newborn infants or on young women before marriage or pregnancy. A number of girls die as a direct result of the procedure, from blood loss or infection. Forced Marriage A forced marriage is a marriage conducted without the full consent of both parties and where duress is a factor. In 2004 the Government’s definition of domestic violence was extended to include acts perpetrated by extended family members as well as intimate partners. Consequently, acts such as forced marriage and other so-called ‘honour crimes’, which can include abduction and homicide, can now come under the definition of domestic violence. any of these acts are committed against children. The Government’s Forced Marriage Unit produced guidelines, in conjunction with children’s social care and the Department for Education and Skills, on how to identify and support young people threatened by forced marriage. The guidelines are available atwww.adss.org.uk/publications/guidance/marriage.pdf and www.homeoffice.gov.uk/comrace/race/forcedmarriage/index.html. 4. Definition of a child in care A child in care is said to be looked after by the local authority if she/he is in their care by reason of a Care Order (Guidance Point B), or is being provided with accommodation for more than 24 hours by agreement with the parents or with the child/young person if she/her is aged over 16 or over. This is often referred to as a “looked after child”. 5. Treatment of Children/Young People at The Walton Centre Only in exceptional circumstances or for specialised medical treatment that cannot be obtained in a children’s hospital should children under the age of 16 years be admitted to the WCFT. When such patients are admitted, they will be escorted from Alder Hey by Registered Children’s Nurses. They will be nursed in a designated area (side room) on the High Dependency Area. Throughout the whole of their admission, the child/young person will be nursed by Registered Children’s Nurses from Alder Hey. These nurses will have been allocated to attend WCFT from the Neuroscience unit at Alder Hey. The Registered Children’s Nurse or their parent/guardian will accompany all children/young people during any investigation, clinic or procedure that takes places at the Trust. All admissions will be logged on to the Trust’s Patient Information System. This will enable the patient’s admission to be formally recorded and ensure interventions/procedures can be carried out using a patient identifiable number. All clinical and nursing information will be formally recorded within the medical/nursing records. These will be maintained according to the standard set for the organisation (e.g. Clinical Negligence Scheme for Trusts) and will be retained for a period of time established by law. Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 11 of 38

Children/young people must always be nursed in a single room. The parent/guardian will be allowed to stay with the child/young person (< 16 years) throughout the child’s/young person’s stay in the CTC. Where English is not the first language of the child/young person the use of an interpreter is essential if there are safeguarding concerns. The interpreter must not be a family member. Children/young people under the age of 18 years must not be allowed to take their own discharge from hospital. 6. Consent and Confidentiality Consent Before examining, treating or caring for a child, you must always seek consent. Young people aged 16 and 17 are presumed to have the competence to give consent for themselves. Younger children who understand fully what is involved in the proposed procedure can also give consent (although their parents will ideally be involved). In other cases, some one with parental responsibility or the Local Authority, when the child is ‘looked after’, should consent on the child’s behalf, unless they cannot be reached in an emergency. In which case, the best interests of the child prevail. If a competent child consents to treatment, a parent cannot over-ride that consent unless the child is refusing consent to a life saving treatment (please refer to Consent Policy). Legally, a parent can consent if a competent child refuses, but it is likely that taking such a serious step will be rare and legal advice from the Trust solicitors should be sought. Contact the named nurse for advice. Confidentiality Health care professionals have a legal and ethical duty to maintain patient confidentiality however this duty is not absolute. Disclosure can be justified when: a) the information provided is not confidential, b) the person to whom the duty is owed has expressly or implicitly authorised disclosure, c) there is an overriding public interest in disclosure, d) disclosure is required by a court order or other legal obligation. It must be remembered that the interests of the child are paramount and that initiating safeguarding children procedures is not conditional on obtaining consent. In general, where staff have concerns, then these should be discussed with the child, in a manner that is appropriate to their age and understanding. Parents should be involved wherever possible in these discussions and their agreement to making a referral to social services must be sought unless it is considered that such a discussion could place the child at risk of significant harm or the health professional at risk of significant harm.

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In those circumstances whereby discussion with the child and parents is not suitable on the grounds of placing the child at risk from significant harm, the reason why consent was not sought must be clearly documented in the child’s case notes/records. There will be no breach of confidence if the child/young person to whom a duty of confidence is owed, consents to the disclosure – this may be expressed orally or in writing. Implied consent - inferred from the circumstances in which the information was given – is not recommended in safeguarding children situations. If consent is refused, a decision must be taken, taking into account what is being disclosed, for what purposes and by whom, which can justify disclosure of confidential information. The law recognises that disclosure of confidential information without consent or a court order may be justified in the public interest to prevent harm to others. All details of consent/non-consent and any decision-making in respect of disclosing information must be clearly recorded in the medical records. In the event of suspicion of fabricated/induced illness this must not be discussed with the child/parent/carer. 7. Record Keeping All health professionals must keep meticulous records, and with due regard to confidentiality, they should be prepared to share information contained in them with others who need to know. The need for accurate, legible and complete records is extremely important. When concerns about abuse or neglect have been raised a record must be kept in the case notes of all discussions about the child/young person including telephone conversations. Where differences of opinion occur in relation to diagnosis of abuse or neglect, a recorded discussion must take place between the persons holding the different views. 8. What to Do if You Have a Concern (See also appendix 10) Where an allegation of abuse or neglect has been made safeguarding children advice must be sought from the community doctor on-call at the Royal Liverpool Children’s Hospital (the Rainbow Doctor) via RLCH switchboard. In all cases of child sexual abuse, the Rainbow Doctor must be contacted at the earliest opportunity. The Rainbow Doctor will make all the necessary arrangements to undertake an examination of the child and collect photographic evidence. Any instructions for action given by the Rainbow Doctor must be recorded in the case notes and responsibility for carrying out these actions must be clearly set out. If a referral to Social Care is to be made, agree with the community doctor on call who will make the referral to social care and record the details in the child/young persons record. If it is agreed that staff from WCFT will make the referral the referral must be confirmed in writing within 48 hours. Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 13 of 38

If no feedback from social care has been received within 3 working days, then he/she should make contact with social care to obtain information about the outcome of the referral. The Named Nurse and Named Consultant for safeguarding children must also be informed at the earliest opportunity, a record of this must be sent to the governance/risk office and kept on a database Where abuse or neglect is suspected then the nursing and medical care plans must reflect this diagnosis and all actions followed through. No child/young person about whom there are safeguarding children concerns may be discharged from hospital without: a) the permission of the consultant in charge, b) a documented plan for the future care of the child/young person and, c) an identified contact point in primary care so that follow-up can be arranged. 9. How to Manage a Disclosure of Abuse Where abuse or neglect is alleged by a child/young person, the response should be limited to listening carefully to what is said so as to:    

Clarify the concerns Offer reassurance about how he/she will be kept safe, Inform him/her what action will be taken, Explain issues re: confidentiality.

Where possible, concerns should be discussed with the family and agreement sought for a referral to social services unless it is concluded that the process of discussing the concern may, by delay or the behavioural response it prompts, place the child/young person (or staff) at increased risk. A decision by any health care professional not to seek parental permission before making a referral to social services and the reasons why this decision was taken must be recorded. Where a parent has agreed to referral, this must be recorded and confirmed in the referral to social services. How to Make a Referral The child/young person’s immediate safety must be safeguarded and the law allows anyone with actual care of the child to do what is reasonable in all circumstances of the case for the purpose of safeguarding or promoting a child’s/young person’s welfare. In the first instance however, further advice in respect of an appropriate course of action must be sought from the Rainbow Doctor. The Named Nurse and Named Consultant for safeguarding children must also be informed at the earliest opportunity. Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 14 of 38

Following advice from the Rainbow Doctor a referral may be made to the Social Care in which the child/young person lives. Liverpool Social Services can be contacted on Care Line on 0151 233 3029 and they may also be able to provide contact details for Social Services in other areas. 10. How to Check whether a child is subject to a child protection plan The relevant Local Authority keep a list of children. The list can be checked by contacting the Safeguarding children and Reviewing Unit (SCU) in the area in which the child lives. If you are in any doubt discuss with the named nurse of contact Sefton and Knowsley as our lead commissioner. 11. Allegations of Abuse by Staff In order for the abuse of children/young people by staff to be prevented, or readily discovered, it is essential that children/young people and staff are encouraged to report their concerns and given reassurance about the importance of making such reports. Any allegations made should be taken seriously and children/young people and/or staff reminded that their allegation will have to be reported and that this may mean breaking confidentiality. Action must be taken to ensure that children/young people are protected and allegations recorded in writing without delay. When an allegation of abuse has been made against a member of staff, whether this be professional or personal the matter should be reported immediately to the named nurse or named doctor for safeguarding children. This information must not be shared with any member of staff or colleagues. Care should be taken to ensure that the allegation or suspicion fits the categories of abuse described previously. In the circumstances the Local Authority designated officer (LSCB post) should be contacted for immediate advice, this enquiry should be directed to Liverpool LADO. In the unlikely event that the allegation is made about the named nurse or named doctor then the Chief Executive and Medical Director must be informed respectively who will initiate inquiries and if there is a safeguarding children issue they will involve the Rainbow Doctor. Records of cases referred to the LADO will be kept for ten years past the alleged persons retirement date (see Working Together to Safeguard Children Policy) E:\safeguarding adultschildren\Working together.pdf

Advice should also be sought from the Director of Human Resources, as other policies within the Trust may need to be considered. There are obvious sensitivities to an allegation or suspicions involving a member of staff. The following procedure must therefore be followed: 

The named nurse or doctor for safeguarding children will initiate inquiries and if there is a safeguarding children issue they will involve the Rainbow Doctor.

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 





Consideration must be given as to whether the member of staff should be suspended from duty or redeployed to other duties while inquiries take place. Any disciplinary action that is considered will be clearly separated from safeguarding children investigations and any criminal investigations if relevant. While the disciplinary process may be informed by the safeguarding children investigation the two should not be confused as they both have different objectives. The lead Executive for safeguarding children will be kept informed throughout and will be available for advice and support and to monitor the process of the safeguarding children inquiry. To safeguard the member of staff it is essential that persons/staff involved are kept to a minimal/need to know basis

12. Risk to Children (previously known as Schedule One Offenders) A person who has been identified as presenting a risk, or potential risk, of harm to children was previously known as a Schedule One offender. Any staff member who becomes aware that a person will be visiting a child/young person on the ward must contact their line manager immediately. (See list of offences in appendix**) Any member of staff who becomes aware that a person has been convicted of these offences and is employed by WCFT should contact the named nurse or named consultant for safeguarding children immediately. This information must not be discussed with any one else. 13. Child death notification A child death notification form (see appendix) 11) must be filled in for any child death, this includes young people up to their 18th birthday. This is the responsibility of the senior nurse bleep holder, competed forms must be faxed to the named leads on the Pro-forma. A copy must be retained for the patients case notes and a copy sent to the executive lead` for safeguarding. All child deaths are reviewed by an LSCB child death over view panel (CDOP), the panel designated by the area that the child lived. The Trust will cooperate with the LSCB/CDOP and any review. 14. Serious Case review The trust would be notified by the relevant LSCB in the event of a serious case review. Further information can be found in chapter 8 of “Working Together”. The Trust will cooperate fully with the SCR process and submit reports within the timescales 15. Young adults/child admitted to the Walton Centre Any young adult/child up to the age of 18 years old admitted to the Walton Centre must be individually assessed to ensure they are nursed in the most appropriate environment. The executive lead must be informed of all admissions. 16. Staff Support All staff involved with safeguarding children issues will have access to appropriate clinical supervision, by the named nurse. Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 16 of 38

Consultation Consultation of this document included the safeguarding children advisory group, Jane Leather (Designated Nurse for Sefton), Safeguarding children Lead (Alder Hey) and the named consultant for safeguarding children. Expert Groups The following expert groups exist to assist persons developing procedures and guidelines. You may have used others. Please list those that have made a contribution. Expert Group Named Consultant for Safeguarding children Executive Lead for Safeguarding children Operational Lead Nurse for Safeguarding children WCFT Lead for NSF for Children Rainbow Doctor Liverpool Social Services Ratification Type of Policy, Procedure or Guidelines Safeguarding Children

Contact Mr P. May (Mr C. Mallucci – Deputy) Ms K. Dawber Mr G. Mitchell Mr G. Mitchell Royal Liverpool Children’s Hospital Care Line

Ext No. 5680 5521 5631 5631 Via RLCH Switchboard 0151 233 3029

Ratifying Group Trust Board

Dissemination Managers should ensure staff read the document and sign off their knowledge of it in accordance with policy management document. Implementation The ward managers should ensure full implementation within their area. In the case of admission or treatment of a child/young person they must ensure the policy has been considered.

Audit An audit will be undertaken on an annual basis to identify number of children/young people treated within the trust and the compliance of the policy.

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APPENDIX 2

EQUALITY IMPACT ASSESSMENT Based on Commission for Race Equality: How to do a race equality impact assessment: www.cre.gov.uk

Policy / Strategy Title: 1. Aims: Identify the aims of the policy / strategy and how they will work. The aims of the policy are to ensure that working in conjunction with other agencies all children and young people are afforded protection from harm to themselves or their well being. 2. Collect Information: Use evidence to determine if the aims and outcomes of the policy / strategy may have an adverse impact on any Equality Group or contradict the aims of any other policy, plan or strategy. Note – Equality Group may include:  Minority Ethnic People



People who are Travellers



Disabled People



People at risk of offending



Children



Religious or Belief Groups



Older People



Single Parent Families



People who are carers



Unemployed or unwaged



People who are Lesbian or Gay



Women



People who are homeless



Young People

Consider the results of equality data (patient data) Consider the comparisons between policies and similar policies This policy refers to a specific patient group who should all be treated the same way if there is the suspicion or knowledge of harm to the child or their well being. Consider the complaint data No complaint data available Consider the consultation evidence (i.e. through patient forums etc) This is a unique policy in accordance with legislation on Safeguarding children. It therefore was not sent to the public for general consultation. Consider any Audit reports At the time of writing this policy, no audit or research data was available

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 18 of 38

3. Assess the likely impact on race equality: Do any of the aims or concerns of the proposal or decision:  Promote unlawful racial discrimination? (could the proposal lead to unlawful direct discrimination, if yes, abandon it and look for different ways of achieving it) NO  Effect race equality of opportunity? (does your analysis indicate possible adverse impact, if so what changes can you make to remove them) NO  Could policy damage good relations between people of different races? (could the proposal disadvantage one group at the expense of another and by doing so damage good relations – refer back to indirect discrimination) NO 4. Consider alternatives is the proposed policy likely to have an adverse impact, if so consider other options i.e. make changes, reduce its potential for affecting some racial groups adversely, find alternative means of achieving the aims of the policy or justify the adverse impact (before you do this it is advisable you seek legal advice) Please record alternative options considered NA Consult formally with the people likely to be affected by the proposal / decision: Due to the nature of this policy and the legal requirements to implement, consultation has remained within the trust and appropriate agencies. 

5. Decide whether to adopt the policy: The policy must be adopted and there is no impact on race inequality.

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 19 of 38

APPENDIX 3

GLOSSARY OF TERMS Standard Measurable statement (or series of statements) about performance, given in the form of criteria sets which specify required resources, activities, and predicted outcomes. Policy General statement about aims, intentions or an approach to a particular issue. Each policy should have a purpose as how the policy is to be accomplished. A policy enables management and staff to make correct decisions and deal effectively and comply with relevant legislation, trust rules and working practices. The Trust has separate guidance and a template to govern the creation of policies. Procedure A series of related steps designed to accomplish a specific task in a chronological order. Protocol A written plan specifying the procedures to be followed. Guidelines Systematically developed statements, which assist clinicians and patients in making decisions about appropriate and effective treatment for specific conditions. Clinical guidelines may be produced nationally or locally. Guidelines vs. Protocols The distinction between guidelines and protocols lies in the amount of operational information contained within each. Guidelines reflect a broad statement of good practice and need not be adhered to in their entirety; protocols are detailed and designed to be statements of practice, which should, where practical, be adhered to in every circumstance.

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 20 of 38

APPENDIX 4

CHECKLIST FOR PROCEDURES & GUIDELINES Adapted from the Appraisal Instrument for Clinical Guidelines Version 1, F Cluzeau et al May 1997

Use: Staff should use this tool in conjunction with the Standard for Writing of Procedures & Guidelines to ensure the inclusion of all relevant information. Authors drafting procedures & guidelines should review the content of their document against each dimension, and act to correct their content where “No” or “Not Sure” answers are given. This task must be undertaken prior to review by the Directorate and ratification by the appropriate body.

Dimension

Yes

No

Dimension 1: Rigor of Development Responsibility for Development Is the person/group/committee responsible for the procedure or guideline clearly identified? Development Group Is there a description of the individuals (e.g. professionals, interest groups – including patients) who were involved in the development of this procedure or guideline? If so, did the group contain representatives of all key disciplines? Identification and Interpretation of Evidence Is there a description of the sources of information used to select the evidence on which the recommendations are based? If so, are the sources of information adequate? Formulation of Recommendations Is there a description of the methods used to formulate recommendations? If so, are the methods satisfactory? Is there an indication of how the views of interested parties not on the panel were taken into account? Is there an explicit link between the major recommendations and the level of supporting evidence? Peer Review Was the procedure or guideline independently reviewed by a body wider than the development group prior to their publication/release? If so, is explicit information given about whom and how this was done and how comments were addressed? Was the procedure or guideline piloted? If yes, is explicit information given about the methods used and the results adopted?

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 21 of 38



 

     



 

Not Sure

Not Applicable

Dimension

Yes

Updating Is there mention of a date for reviewing or updating the procedure or guideline? Is the body responsible for the reviewing and updating clearly identified?

No

Not Sure

Not Applicable

 

Dimension 2: Context & Content Objectives Are the reasons for developing the procedure or guideline clearly stated? Are the objectives of the procedure or guideline clearly defined? Context Is there a satisfactory description of the patients to which the procedure or guideline is meant to apply? Is there a description of the circumstances (clinical or non-clinical) in which exceptions might be made in using the procedure or guideline? Where appropriate, is there an explicit statement of how the patient’s preferences should be taken into account in applying the procedure or guideline? Clarity Does the procedure or guideline describe the condition to be detected, treated or prevented in unambiguous terms? Are the different possible options for management of the condition clearly states in the guidelines (note: not procedures)? Are the recommendations clearly presented? Risks & Benefits Is there an adequate description of the health benefits that are likely to be gained from the recommended management? Is there an adequate description of the potential harms or risks that may occur as a result of the recommended management?

 

 





 





Dimension 3: Application Guideline Dissemination and Implementation Does the procedure or guideline document suggest possible methods for dissemination and implementation? Monitoring/Audit Does the document specify criteria for monitoring compliance? Does the document identify clear standards or targets? Does the document define measurable outcomes that can be monitored?

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 22 of 38



  

APPENDIX 5

SECTION 31 (9) OF THE CHILDREN ACT (1989) 

Harm means ill treatment or the impairment of development including for example, impairment suffered from seeing or hearing the ill treatment of another.



Development development.



Health means physical or mental.



Ill-treatment includes sexual abuse and forms of ill treatment, which are not physical.

means

physical,

intellectual,

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 23 of 38

emotional,

social

or

behavioural

APPENDIX 6

PARENTAL RESPONSIBILITY Parental Responsibility (Sections 2 – 4 of the Children Act 1989 as amended by section 111 of the Adoption and Children Act 2002) Consent for treatment, examination and immunisation can only be given by a person who has parental responsibility. Who has parental responsibility? Mother Unless the child is adopted, a child’s mother will always have parental responsibility for her child. Father The father will have parental responsibility in the following circumstances:  If married to the mother at the time of birth  If he subsequently marries the mother  By way of parental responsibility agreement with the mother (stamped by the court)  By way of a parental responsibility order from the court  If appointed as the child’s guardian  By way of a residence order In addition  

If he is named on the child’s birth certificate and birth is registered on or after 1st December 2003 This provision is not retrospective, i.e. any father who is named on their child’s birth certificate prior to the 1st December 2003 does not automatically have parental responsibility. He can acquire this by the above methods

How can it be acquired? 1. The unmarried father can acquire parental responsibility by the methods set out above. 2. Anyone can acquire it:  If appointed as the child’s guardian  By way of a residence order made in their favour  Section 2(9) Children Act 1989 – “A person who has parental responsibility for a child may not surrender or transfer any part of that responsibility to another but may arrange for some or all of it to be met by one or more persons acting on his behalf”.

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 24 of 38

The local authority can acquire it by:  

Emergency protection order (local authority) Care orders (local authority

(in this case, the parents do not lose parental responsibility but the local authority can limit the extent to which a person exercises their parental responsibility) The Civil Partnership Act 2004 The new Civil Partnership Registration Act came into effect on 5 December 2005. It allowed the first Civil Partnership registrations to take place on 21 December 2005. The Act affords same sex couples many of the benefits previously only available to married couples and enables a completely new legal relationship, exclusively for same sex couples, distinct from marriage. Chapter 5 of the new Act has amended the 1989 Children Act to include acquisition of parental responsibility for a “child of the family” by civil partners’ i.e. same sex partners, and married step-parents.

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 25 of 38

APPENDIX 7

CONFIDENTIALITY Confidentiality should only be broken in exceptional circumstances and should only occur after careful consideration that can justify such action. The following principles concerning confidentiality apply:   





A patient has the right to expect that information given in confidence will be used only for the purpose of which it was given and will not be released without permission. You should recognise each patient’s rights to have information about themselves kept secure and private. If it is appropriate to share information gained in the course of your work with other health or social work professionals, you must make sure that as far as is reasonable, the information will be kept in strict professional confidence and be used only for the purpose for which the information was given. You are responsible for any decision you make to release confidential information because you think that it is in the public’s best interest, so you must have considered the situation carefully to justify that decision. You should not deliberately break confidentiality other than in exceptional circumstances.

NB. Safeguarding children may be an exceptional circumstance.

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 26 of 38

APPENDIX 8

PARENTING CAPACITY – INITIAL ASSESSMENT PARENTING CAPACITY: Who lives in the family? How does the parent’s illness impact on the child? What sort of behaviour does the parent have? What strengths does the parent have?

What support systems are the parents using? Has the parent expressed any concerns about the child or their ability to manage the parenting task? How does the parent manage the child’s behaviour e.g. negotiating /controlling threatening /sanctions/ delegating? How does the parent ensure the child safety?

Other risk factors and how they impact on the child or the ability of the parent to looks after the child e.g. Domestic violence/criminality? How long have these factors been a feature in the child’s life?

Can the parent promote the child’s learning and intellectual development through stimulating cognitive development?

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 27 of 38

APPENDIX 8 cont……. SOCIAL FAMILY AND ENVIRONMENTAL FACTORS: Have you seen the child? Who looks after the child on a day to day basis? Are the child’s needs consistently considered by adults in the family? Is the child a carer to the parent? Do you know if the child’s basic needs are being met and by whom e.g. daily routines/ mealtimes /bedtime /supervision /school /emotional warmth/friends/nurture Who are the significant people in the child’s life? Is there a sufficiently stable family environment?

Has the child expressed their wishes and feelings and to whom?

Is the child able to pursue any interest e.g. sport/music?

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 28 of 38

APPENDIX 9 An alphabetical list of offences which can be used to identify those who present a risk, or potential risk, to children Offence Abandonment of children under two Abduction of a woman by force or for the sake of her property Abduction of Child in Care/ Police Protection .take away/induce away/assist to run away/ keep away Abduction of defective from parent or guardian Abduction of unmarried girl under 16 from parent or guardian Abduction of unmarried girl under 18 from parent or guardian Abuse of position of trust: causing a child to watch a sexual act Abuse of position of trust: causing or inciting a child to engage in sexual activity Abuse of position of trust: sexual activity in the presence of a child Abuse of position of trust: sexual activity with a child Abuse of Trust Administering a substance with intent Administering drugs to obtain or facilitate intercourse Administering poison, or wounding, with intent to murder Aiding, abetting, counselling or procuring the suicide of a child or young person. Allowing persons under 16 to be in brothels Arranging or facilitating child prostitution or pornography Arranging or facilitating commission of a child sex offence Assault by penetration Assault occasioning actual bodily harm Assault of a child under 13 by penetration Assault or battery Assault with intent to commit buggery Buggery where the victim is under 16* Burglary (by entering a building or part of a building with intent to rape a child) Care workers: causing a person with a mental disorder to watch a sexual act Care workers: causing or inciting sexual activity Care workers: sexual activity in the presence of a person with a mental disorder Care workers: sexual activity with a person with a mental disorder

Section Section 27

Act Offences Against the Person Act 1861

Section 17

Sexual Offences Act 1956

Section 49

Children Act 1989

Section 21

Sexual Offences Act 1956

Section 20

Sexual Offences Act 1956

Section 19

Sexual Offences Act 1956

Section 19

Sexual Offences Act 2003

Section 17

Sexual Offences Act 2003

Section 18

Sexual Offences Act 2003

Section 16 Section 3 Section 61

Sexual Offences Act 2003 Sexual Offences (Amendment) Act 2000 Sexual Offences Act 2003

Section 4

Sexual Offences Act 1956

Section 11

Offences Against the Person Act 1861

Section 2 Section 3

Suicide Act 1961 Children and Young Persons Act 1933

Section 50

Sexual Offences Act 2003

Section 14 Section 2 Section 47 Section 6 Common Law Section 16 Section 12

Sexual Offences Act 2003 Sexual Offences Act 2003 Offences Against the Person Act 1861 Sexual Offences Act 2003

Section 9

Theft Act 1968

Section 41

Sexual Offences Act 2003

Section 39

Sexual Offences Act 2003

Section 40

Sexual Offences Act 2003

Section 38

Sexual Offences Act 2003

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 29 of 38

Sexual Offences Act 1956 Sexual Offences Act 1956

Causing a child to watch a sexual act Causing a person to engage in sexual activity without consent. Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception Causing a person, with a mental disorder impeding choice, to watch a sexual act Causing or allowing persons under 16 to be used for begging Causing or allowing the death of a child or vulnerable adult Causing or encouraging prostitution of defective Causing or encouraging prostitution of, or intercourse with, or indecent assault on, girl under 16 Causing or inciting a child to engage in sexual activity Causing or inciting a child under 13 to engage in sexual activity Causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity Causing or inciting child prostitution or pornography Causing or inciting prostitution for gain Causing prostitution of women Child sex offences committed by a children or young persons Child stealing Committing an offence with intent to commit a sexual offence (in a case where the intended offence was an offence against a child) Conspiring or soliciting to commit murder Controlling a child prostitute or a child involved in pornography Controlling prostitution for gain Cruelty to children Detention of a woman in a brothel or other premises Drunk in charge of a child under 7 years Engaging in sexual activity in the presence of a child Engaging in sexual activity in the presence of a person with a mental disorder impeding choice Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder Exposing children under seven to risk of burning

Section 12

Sexual Offences Act 2003

Section 4

Sexual Offences Act 2003

Section 35

Sexual Offences Act 2003

Section 37

Sexual Offences Act 2003

Section 33

Sexual Offences Act 2003

Section 4 Section 5

Children and Young Persons Act 1933 Domestic Violence, Crime and Victims Act 2004

Section 29

Sexual Offences Act 1956

Section 28

Sexual Offences Act 1956

Section 10

Sexual Offences Act 2003

Section 8

Sexual Offences Act 2003

Section 31

Sexual Offences Act 2003

Section 48 Section 52 Section 22

Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 1956

Section 13 Section 56

Sexual Offences Act 2003 Offences Against the Person Act 1861

Section 62 Section 4

Sexual Offences Act 2003 Offences Against the Person Act 1861

Section 49 Section 53 Section 1

Sexual Offences Act 2003 Sexual Offences Act 2003 Children and Young Persons Act 1933

Section 24 Section 2

Sexual Offences Act 1956 Licensing Act 1902

Section 11

Sexual Offences Act 2003

Section 32

Sexual Offences Act 2003 Sexual Offences Act 2003

Section 36 Section 11

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 30 of 38

Children and Young Persons Act 1933

Exposure False Imprisonment Give / cause to be given intoxicating liquor to a child under 5 years Incest by a man Incest by a woman Inciting a child family member to engage in sexual activity Inciting girl under 16 to have incestuous sexual intercourse Indecency between men (gross indecency) Indecent assault on a man Indecent assault on a woman Indecent conduct towards young child Indecent exposure Indecent exposure Indecent photographs of children Inducement, threat or deception to procure sexual activity with a person with a mental disorder Infanticide Infanticide Intercourse with a girl under 13 Intercourse with a girl under 16 Intercourse with defective Kidnapping Living on earnings of male prostitution Maliciously administering poison Man living on earnings of prostitution Manslaughter Meeting a child following sexual grooming etc. Murder Offence of abduction of a child by parent Offence of abduction of child by other persons Paying for the sexual services of a child Permitting a girl between 13 and 16 to use premises for intercourse Permitting a girl under 13 to use premises for intercourse Permitting defective to use premises for intercourse Possession of indecent photographs of children Procuration of girl under 21 Procurement of a woman by false pretences Procurement of a woman by threats Procurement of defective

Section 66 Common Law

Sexual Offences Act 2003

Section 5 Section 10 Section 11

Children and Young Persons Act 1933 Sexual Offences Act 1956 Sexual Offences Act 1956

Section 26

Sexual Offences Act 2003

Section 54 Section 13 Section 15 Section 14 Section 1 Section 4 Section 28 Section 1

Criminal Law Act 1977 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Indecency with Children Act 1960 Vagrancy Act 1824 Town Police Clauses Act 1847 Protection of Children Act 1978

Section 34 Common Law Section 1 Section 5 Section 6 Section 7 Common Law Section 5 Section 23 Section 30 Common Law

Sexual Offences Act 2003

Section 15 Common Law Section 1

Sexual Offences Act 2003

Section 2 Section 47

Child Abduction Act 1984 Sexual Offences Act 2003

Section 26

Sexual Offences Act 1956

Section 25

Sexual Offences Act 1956

Section 27

Sexual Offences Act 1956

Section 160 Section 23 Section 3 Section 2 Section 9

Criminal Justice Act 1988 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 31 of 38

Infanticide Act 1938 Sexual Offences Act 1956 Sexual Offences Act 1956 Sexual Offences Act 1956

Sexual Offences Act 1967 Offences Against the Person Act 1861 Sexual Offences Act 1956

Child Abduction Act 1984

Procuring others to commit homosexual acts (by procuring a child to commit an act of buggery with any person, or procuring any person to commit an act of buggery with a child) Prohibition against persons under 16 taking part in performances endangering life and limb Rape Rape Rape of a child under 13 Recovery of missing or unlawfully held children Sexual Activity with a Child Sexual activity with a child family member Sexual activity with a person with a mental disorder impeding choice Sexual assault Sexual assault of a child under 13 Sexual intercourse with patients Supplying or offering to supply a Class A drug to a child, being concerned in the supplying of such a drug to a child, or being concerned in the making to a child of an offer to supply such a drug. Threats to kill Traffic in prostitution Trafficking into the UK for sexual exploitation Trafficking out of the UK for sexual exploitation Trafficking people for exploitation Trafficking within the UK for sexual exploitation Trespass with intent to commit a sexual offence (in a case where the intended offence was an offence against a child) Voyeurism Women exercising control over prostitute Wounding and causing grievous bodily harm: Inflicting bodily injury Wounding and causing grievous bodily harm: Wounding with intent

Section 4

Sexual Offences Act 1967

Section 23 Section 1 Section 1 Section 5

Children and Young Persons Act 1933 Sexual Offences Act 2003 Sexual Offences Act 1956 Sexual Offences Act 2003

Section 50 Section 9 Section 25

Children Act 1989 Sexual Offences Act 2003 Sexual Offences Act 2003

Section 30 Section 3 Section 7 Section 128

Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 2003 Mental Health Act 1959

Section 4 Section 16 Section 145

Misuse of Drugs Act 1971 Offences Against the Person Act 1861 Nationality, Immigration and Asylum Act 2002

Section 57

Sexual Offences Act 2003

Section 59 Section 4

Sexual Offences Act 2003 Asylum and Immigration (Treatment of Claimants, etc) 2004

Section 58

Sexual Offences Act 2003

Section 63 Section 67 Section 31

Sexual Offences Act 2003 Sexual Offences Act 2003 Sexual Offences Act 1956

Section 20

Offences Against the Person Act 1861

Section 18

Offences Against the Person Act 1861

A reference to an offence in this list includes: A reference to an attempt, conspiracy or incitement to commit that offence, and a reference to aiding, abetting, counselling or procuring the commission of that offence Unless stated otherwise, the victim of the offences listed above will be under 18 Cautions for the offences listed above will apply Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 32 of 38

APPENDIX 10 (i) Flowchart 1 REFERRAL PRACTITIONER HAS CONCERNS ABOUT CHILD'S WELFARE

Practitioner discusses with manager and/or other senior colleagues as they think appropriate

Still has concerns

No longer has concerns

Practitioner refers to social services, following up in writing within 48 hours

No further child protection action, although may need to act to ensure services provided

Social worker and manager acknowledge receipt of referral and decide on next course of action within one working day

Feedback on referrer on next course of action

No further social services involvement at this stage, although other action may be necessary e.g. onward referral

See flowchart 2 on initial assessment

Initial assessment required

Concerns about child's immediate safety

See flowchart 3 on emergency action Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 33 of 38

APPENDIX 10 (ii) Flowchart 2

What to do if you’re worried a child is being abused

WHAT HAPPENS FOLLOWING INITIAL ASSESSMENT? INITIAL ASSESSMENT COMPLETED WITHIN 7 WORKING DAYS FROM REFERRAL TO SOCIAL SERVICES

No social services support required, but other action may be necessary e.g. onward referral

Feedback to referrer

Child in need

No actual or likely significant harm

Actual or likely significant harm

Social worker discusses with child, family and colleagues to decide on next steps

Strategy discussion, involving social services, police and relevant agencies to decide whether to initiate a s47 enquiry

Decide what services are required

Concerns arise about the child's safety

In-depth assessment required

Social worker leads core assessment, other professionals contribute

Further decisions made about service provision

Social worker co-ordinates provision of appropriate services, and records decisions

See flowchart 4

Review outcomes for child and when appropriate, close the case

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 34 of 38

APPENDIX 10 (iii) Flowchart 3 URGENT ACTION TO SAFEGUARD CHILDREN DECISION MADE THAT EMERGENCY ACTION MAY BE NECESSARY TO SAFEGUARD A CHILD

Immediate strategy discussion between social services, police and other agencies as appropriate

Relevant agency seeks legal advice and outcome recorded

Immediate strategy discussion makes decisions about: - immediate safeguarding action - information giving, especially to parents

Relevant agency sees child and outcome recorded

Appropriate emergency action taken

No emergency action taken

Child in need

Strategy discussion and s47 enquiries initiated

see flowchart 2

With family and other professionals, agree plan for ensuring child's future safety and welfare and record decisions

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 35 of 38

see flowchart 4

APPENDIX 10 (iv) Flowchart 4 WHAT HAPPENS AFTER STRATEGY DISCUSSION? STRATEGY DISCUSSION MAKES DECISIONS ABOUTH WHETHER TO INITIATE S47 ENQUIRIES AND DECISIONS RECORDED

No further social services

Decision to commence core

involv ement at this stage, but

assessment under s17 of

other services may be required

Children Act

Decision t o to initiate Decision initiates47

Police estigatepossible possible Police inv investigate

s47 enquiries enquiries

crime crime

Social worker leads core assessment under s47 of Children Act and other professionals contribute

Concerns about harm not

Concerns substantiated but

substant iat ed but child is a

child not at continuing risk of

child in need

harm

With family and other professionals, agree plan for ensuring child's future safety

Agree whet her child protect ion conference necessary and record

and welfare and record

decision

decisions

YES

NO

Concerns subst antiated, child at continuing risk of harm

Social worker leads completion of core assessment

Social worker manager conv enes child

W ith family and other

protection conference within 15

professionals, agree plan for

working dat es of last strategy

ensuring child's fut ure safety

discussion

and record decisions

Decisions made and recorded at child protection conference

Child at continuing risk of

Child not at continuing risk of

significant harm

significant harm

Child's name placed on child

Further decisions made about

protection register; outline child

completion off core assessment

protection plan prepared; core

and service provision

group established - see flowchart 5

t o agreed plan

according

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 36 of 38

APPENDIX 10 (v) Flowchart 5 WHAT HAPPENS AFTER THE CHILD PROTECTION CONFERENCE INCLUDING THE REVIEW PROCESS? CHILD'S NAME PLACED ON CHILD PROTECTION REGISTER

Keyworker leads on core assessment Core group meets within 10 working

to be completed within 35 working

days of child protection conference

days of commencement

Core group members commission further specialist assessments as necessary

Child protection plan dev eloped by key worker, together with core group members, and implemented

Core group members prov ide/commission the necessary interv entions for child and/or family members

First child protection rev iew conference is held within 3 months of initial conference

Rev iew conference held

No further concerns about harm

Some remaining concerns about harm

Child's name remains on the register, Child's name remov ed from register

child protection plan is rev ised and

and reasons recorded

implemented

Rev iew conference held within 6 Further decisions made about

months of initial child protection

continued serv ice prov ision Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012

rev iew conference

Page 37 of 38

TRANSLATION SERVICE This information can be translated on request or if preferred an interpreter can be arranged. For additional information regarding these services please contact The Walton centre on 0151 525 3611

Safeguarding Children Policy and Procedure Date Ratified: May 2011 Date to be Reviewed: May 2012 Page 38 of 38