Safeguarding Policy

Purpose

Ymestyn’s Safeguarding Policy applies to all employees at all levels of the business, as well as agency workers and volunteers.

The purpose of the policy is to protect children and service users from harm and to provide all employees, workers and volunteers with information about the safeguarding policy adopted by Ymestyn.

The policy is particularly important in the regulated activity/work that Ymestyn carries out with children and families.

In England and Wales this is referred to as regulated activity and in Scotland this is referred to as regulated work. In this policy this will be referred to as regulated activity/work.

Ymestyn has a responsibility to promote the welfare of children and service users and to keep them safe.

Ymestyn complies with all the legal obligations placed upon it by the Safeguarding Vulnerable Groups Act 2006 (England and Wales) and the Protection of Vulnerable Groups (Scotland) Act 2007 (Scotland).

Ymestyn will also act in accordance with the following government legislation and guidance:

The Children Act 1989
The Children Act 2004
Social Services and Wellbeing Act 2014.
Working Together to Safeguard Children (2015)
The Counterterrorism and Security Act 2015 s. 26
United Convention of Rights of the Child 1991
Data Protection Act 1998 & GDPR Regulations
Sexual Offences Act 2003
Protection of Freedoms Act 2012

The policy covers the arrangements for safeguarding during the recruitment and selection process and safeguarding issues that arise during employment in circumstances where children or service users are placed at risk, or where they could have been placed at risk.

The policy also sets out the reporting obligations for all employees and the procedure that should be followed to report abuse if this occurs to individuals utilising Ymestyn’s services.

Recruitment process

Advertisements for job roles at Ymestyn will specify clearly whether the work involves regulated activity/work together with the basis of that work.

Offers of employment will be made conditional on the receipt of satisfactory disclosure checks. These will be conducted by the Disclosure and Barring Service in England and Wales and Disclosure Scotland in Scotland.

The check will confirm that the applicant is suitable to carry out the role and has not been barred from performing this work.

If the background check reveals that an applicant is not suitable, the offer of employment will be withdrawn by the Company and the applicant will not be employed.

Existing employees

Existing employees may be required to provide a satisfactory disclosure check where their work becomes a regulated activity/work or Ymestyn requires them to start carrying out regulated activity/work. Existing employees cannot conduct any regulated activity/work until they have undertaken a satisfactory disclosure check.

The disclosure check will be conducted by the Disclosure and Barring Service in England and Wales and Disclosure Scotland in Scotland.

The check will confirm that the employee is suitable to carry out the work and has not been barred from performing this.

If employees are unable to provide a satisfactory disclosure check, or refuse to undertake a disclosure check, Ymestyn will consider the options for redeployment into any available job roles that do not involve regulated activity/work.

If existing employees become added to the children and adults barred lists by either disclosure body, Ymestyn will consider the options for redeployment into any available job roles that do not involve regulated activity/work. All employees who are added to the barred lists are required to inform their line manager of their inclusion on the list at the earliest opportunity. A failure to do so may be deemed a disciplinary matter to be dealt with under the disciplinary procedure.

In both cases, if this is not possible, Ymestyn may need to consider dismissal of the employee on the basis of the statutory ban imposed by the disclosure.

Ymestyn may be unable to continue to employ the employee in any capacity if the continued association with the employee cannot be maintained, causes reputational damage to the employer or other reasons that harm its position in the marketplace.

What is abuse?

Given the risk of abuse to children and families, all employees are required to be alert to the possibility of abuse towards children or individuals accessing Ymestyn services.

Abuse may be a single incident or something that occurs over a long period of time. It can take many forms including, but not limited to:

  • financial or material abuse
  • physical abuse
  • mental abuse
  • neglect and failures to act
  • sexual abuse
  • threats of abuse or harm
  • controlling or intimidating conduct
  • self-neglect
  • domestic abuse
  • poor practices within an organisation providing care
  • modern slavery

The abuse may come from employees, personal assistants, service users, relatives, neighbours, social workers, providers of support services etc.

Reporting and investigating abuse

Ymestyn will treat all complaints, allegations or suspicions of abuse with the utmost seriousness. Training will be provided, as appropriate, to ensure that staff are aware of the warning signs of abuse and the correct reporting procedure to follow if they suspect abuse is, or has, taken place.

Employees that suspect abuse is occurring should refer the matter to their line manager immediately, with as much detail as possible. The line manager will need to be informed of the names of the people involved (if known), what type of abuse is or may be occurring, and the dates and times this occurred (if known).

An official written report of the alleged act may be requested at this stage as part of the evidence gathering procedure.

Employees may be asked to refrain from discussing alleged abuse with fellow colleagues, other than those specified by their line manager, to avoid the spread of potentially harmful misinformation and to protect the validity of any investigation.

The allegations will be investigated fully and all such reports are taken seriously. The investigation will be conducted in a discrete and timely manner, and will involve the collation of evidence typically derived from witness statements and surveillance footage where possible.

If it is suspected that a criminal act may have been committed, Ymestyn will report the situation to the police.

Employees suspected of abuse will be suspended on full pay pending a full investigation of the complaints. It should be noted that this suspension is not an indication of the employee’s guilt, but rather a necessity given the circumstances. Ymestyn appreciates the impact prolonged suspension can have on an employee’s reputation, even when allegations are later found to be incorrect, and does not take the decision to suspend lightly.

Ymestyn may be under a duty to disclose allegations of abuse to the Disclosure and Barring Service or Disclosure Scotland as appropriate. The organisation may also consider it necessary to inform the police of allegations under investigation.

Maintaining records

Ymestyn will ensure that all details associated with allegation of abuse are recorded clearly and accurately. The records will be maintained securely in line with Ymestyn’s Confidential Record Keeping Procedure.

Disciplinary action

If the investigation reveals that abuse has happened, or is happening, Ymestyn will set up a disciplinary hearing for the employee concerned. Abuse of service users is regarded by Ymestyn as an act of gross misconduct and the allegation could result in summary dismissal, in line with Ymestyn’s disciplinary procedure.

Employees will have the chance to appeal any disciplinary action that is taken against them.

Duty of disclosure

Ymestyn is legally required to send information to the Disclosure and Barring Service or Disclosure Scotland if a decision is taken to dismiss an employee or remove them from working in regulated activity/work.

Ymestyn may also be required to inform the Disclosure and Barring Service or Disclosure Scotland if Ymestyn suspends an employee, or an employee resigns in suspicious circumstances, as the referral duty criteria may already be met at that stage.

Additional support and guidance

Employees who wish for further information on safeguarding are encouraged to contact their line manager or relevant HR representative. Ymestyn will endeavour to provide up to date support and guidance to all staff when it comes to safeguarding and their duty to protect service users from harm. Relevant supporting material is also readily available online and Ymestyn will look to furnish employees with this where requested.

Procedure

Safeguarding children and adults is everyone’s responsibility. Everyone has a right to live free from abuse, neglect and fear and all forms of abuse will be treated seriously.

If there is a safeguarding concern, the Designated Safeguarding Lead’s (DSL) should be informed immediately;

Jenna Palmer – 07873732854

If you are concerned about a child or adult being in immediate danger, refer the matter to the Police immediately and then contact the DSL.

  • Advice will need to be sought from the Designated Safeguarding Lead, in relation to informing the parents or not (if a child is the alleged victim). The intention to refer a child to Children’s Social Care will be shared with parents/carers unless to do so could put the child at greater risk of harm, or impede a criminal investigation. If in doubt, advice should be sought from the Children’s Services Safeguarding Team
  • A factual record should be made of the allegation, but no attempt at that stage should be made to investigate the circumstances. Factual information should be recorded on a Record of Concern Form
  • The member of staff will make an accurate and detailed recording (which may be used in any subsequent court proceedings) as soon as possible and on the same day. The signed and dated recording must be a clear, precise, factual account of the observations. Do not add comments or opinion although observations about a child’s demeanor or emotional state may be recorded
  • The Designated Safeguarding Lead should contact the necessary children’s services safeguarding team to discuss the case, or adult safeguarding services if the alleged victim is an adult
  • The Designated Safeguarding Lead will follow through the outcomes of the discussion and make a referral when appropriate
  • If the allegation indicates that a potential criminal offence has been committed, The Designated Safeguarding Lead may also need to liaise with the Police to assist with investigations
  • The person reporting concerns, should always document their findings. The Designated Safeguarding Lead will keep a copy will be kept on the individual’s file
  • In situations where Ymestyn considers a safeguarding risk is present, a Risk Assessment should be prepared along with a preventative plan. The plan should be monitored and a date set for a follow up review with everyone concerned
  • Risk Assessments should be completed collaboratively with Social Care and Police if they remain involved

The safeguarding lead should

  • Have a working knowledge of how local authorities conduct a child protection case conference and a child protection review conference and be able to attend and contribute to these effectively when required to do so
  • Ensure each member of staff has access to and understands the organisation’s child protection policy and procedures, especially new and part time staff
  • Are alert to the specific needs of children in need, those with special educational needs and young carers
  • Are able to keep detailed, accurate, secure written records of concerns and referrals; and use these records to assess the likelihood of risk. The written records should clearly identify details of the concerns and what action was taken. If these are stored electronically that they are password protected and only accessible to the designated worker and the Safeguarding Lead
  • Obtain access to resources and attend any relevant or refresher training courses; and
  • Encourage a culture of listening to children and taking account of their wishes and feelings, among all staff, in any measures the organisation may put in place to protect them
  • Act as a source of support, advice and expertise to staff on matters of safety and safeguarding and when deciding whether to make a referral by liaising with relevant agencies
  • Ensure that, if required, the relevant worker attends Child Protection Conferences, core groups, or other multi-agency planning meetings, contributes to assessments, and provides a report which will normally have been shared with the parents
  • Ensure the organisation’s child protection policy is reviewed annually, the procedures and implementation are updated and reviewed regularly

If staff have concerns about another staff member then this should be referred to the Designated Lead. If the allegation is against the Designated Lead then the referral should be made to National Association Child Contact Centre

Please request the following documents:

  • Body Map
  • Record of Concern Form
  • Supporting Resources
  • Risk Assessment Form