Deaf Umbrella East Ltd – Safeguarding Policy

Deaf Umbrella recognises that:

The welfare of the child or vulnerable adult is paramount and that all children and vulnerable adults regardless of age, disability, gender, racial heritage, religious belief, sexual orientation or identity have the right to equal protection from all types of harm or abuse.  As such a policy has been created to ensure safeguarding provision for our clients.  This policy applies to all staff, volunteers and others who work with or come into contact with children and vulnerable adults.

Policy Purpose:

Deaf Umbrella has a statutory and moral duty to ensure we function with the welfare of children and vulnerable adults in our uppermost thoughts.  We have a duty to ensure each member of our staffs has completed safeguarding training along with equality and diversity training prior to employment so that we provide a framework for protecting children and vulnerable adults from abuse of any kind.

“For those agencies whose job it is to protect children and vulnerable people, the harsh reality is that if a sufficiently devious person is determined to seek out opportunities to work their evil, no one can guarantee that they can be stopped.  Our task is to make it as difficult as possible for them to succeed.”  The Bichard Enquiry Report 2004.

Safeguarding Policy

Deaf Umbrella will endeavour to safeguard children and vulnerable adults by:

1         Ensuring staff recognise their responsibilities, through support and training, to minimise risk and avoid situations where abuse or neglect might be alleged.  Policy and procedures must be in place for staff guidance and reference.

2         Ensuring safer recruitment and selection processes, and that all necessary checks are made in respect of CRB Enhanced Disclosure & List 99.

3         Working together with the Independent Safeguarding Authority (ISA) and Vetting & Barring Scheme 2009 to safeguard children and vulnerable adults.

4         Providing effective management of staff through supervision, support and training so that in the event that it is suspected a child or vulnerable adult may be at risk of harm procedures are followed.

Staff Members Responsibility:

1. Familiarise themselves with and become aware of importance of safeguarding, child protection and associated policies and procedures.
2. Adhere to Deaf Umbrella's safeguarding and child protection policies, procedures and systems. As well as adhering to the safeguarding and child protection policies, procedures and systems of all other organisations which you may work.

ü  Promote and safeguard the welfare of children and vulnerable adults.

ü  Attend mandatory child protection and safeguarding training.

ü  Know who the designated safeguarding and child protection person is for Deaf Umbrella and the workplace they are assigned to.

ü  Know what to do in the event of a disclosure.

1. Be vigilant to potential signs and indications of abuse and alert the designated person.
2. Never judge or attempt to investigate.

Confidentiality

Confidentiality and trust should be maintained as far as possible but staff must act on the basis that the safety and well being of the child or vulnerable adult is paramount. The degree of confidentiality will be governed by the need to protect the child or vulnerable adult if a disclosure is made, confidentiality cannot be guaranteed.

When abuse is alleged or suspected, the member of staff has a duty to pass information on without delay to the designated person at Deaf Umbrella.  This is Rachel Hubbard; Personnel Director. If a member of staff is in any doubt about whether to share information or keep confidentiality they should seek guidance from the designated person.  All confidential information given to the designated person will be shared on a "need to know" basis with the welfare of the child or vulnerable adult paramount.

Recruitment

Deaf Umbrella undertakes to ensure that its staffs are fit to work with children and vulnerable adults by adopting safer recruitment practices.  

ü  All applicants complete a Deaf Umbrella Application Form, CV’s are not accepted.

ü  All applicants apply to the Criminal Records Bureau for an Enhanced Disclosure Check.

ü  Checks are made in respect to Section 142 of the Education Act, previously known as List 99.

ü  Qualifications must be presented as original documentation and will be checked with respecting awarding bodies.

ü  Identity checks are completed with original documentation; passport, driving licence, marriage certificate.  Nationality, right to work status and proof of residence are confirmed against original documentation.

ü  A minimum of 2 references are requested, one from the most recent employer.

ü  Interviews are conducted face to face by a panel of staff appropriately trained in recruitment and selection.  All applicants are skills tested by British Sign Language Level 4 tutor.

ü  Deaf Umbrella holds a single central register in Human Resources Department detailing the checks carried out on staffs, including CRB clearance.

ü  Once necessary checks are satisfied an offer of appointment is made.  Before assignment staffs must attend Induction where they are to attend Safeguarding training and receive the company handbook, Code of Conduct & Ethics, Equal Opportunities, Health & Safety, Vulnerable Adults, Fair Treatment and Privacy Policies.

Allegations

All allegations of abuse, or concerns raised against members of staff are treated seriously.  In some cases, depending on the seriousness of the concern, the member of staff may be suspended pending investigation.  All investigations will be dealt with by the designated person and reports made.  If an investigation finds grounds for believing the allegation Deaf Umbrella has a duty to inform the Independent Safeguarding Authority.  Where an individual leaves the company before any final investigation decision the company has a duty to report the case to the ISA.

Training

All staff members who come into contact with children and vulnerable adults must undertake training on the subject of child protection and safeguarding.  Deaf Umbrella’s policies and procedures in regards to this will be issued to all new staff as part of their Induction.

Procedures for dealing with concerns and disclosures

Five R’s

1. Recognise behaviour that may indicate abuse, which may include direct disclosure.
2. Respond calmly and positively to the child/vulnerable adult.  Reassure them that they have done the right thing in raising the issue and accept what they say without judging, prompting or interruption.
3. Record what has been said as accurately as possible.  Make sure it is factual and does not include your own interpretation.
4. Report concerns to the designated person within Deaf Umbrella who will then advise you on what happens next.
5. Refer - Only the designated person can make a decision to refer a complaint or allegation.

Safeguarding Staff

1. Staffs have every right to work in a safe environment, protected from bullying and harassment by colleagues or by learners, and from false claims from learners or from staff about inappropriate behaviour and abuse.

ü  Policies and procedures already exist to deal with this and they remain a vital part of safeguarding practice.

2         Safeguarding regulations October 2009:

ü  A person who is barred from working with children or vulnerable adults will be breaking the law if they work or volunteer, or try to work or volunteer with those groups.

ü  An organisation which knowingly employs someone who is barred to work with those groups will also be breaking the law.

ü  An organisation which works with children or vulnerable adults and dismisses a member of staff or a volunteer because they have harmed a child or vulnerable adult, or you would have done so if they had not left, have a duty to inform the Independent Safeguarding Authority (ISA).

1. In October 2009 the right to ask for an Enhanced CRB disclosure was extended to all those who employ or use volunteers in types of activity called ‘regulated activity’.  These rights remain and organizations should continue to carry out appropriate pre-recruitment checks required by law.

ü  The ISA will continue to carry out its work as an independent decision making body as well as continuing to maintain the barred lists.  They will also continue to accept referrals, full guidance on which is available from www.isa-gov.uk,

Review of Policy

Deaf Umbrella will keep its policy and procedures on safeguarding under review to take account of any new government legislation, regulations or best practise documents to ensure that staffs are kept fully up-to-date with their responsibilities and duties with regard to the safety and well being of children and vulnerable adults.

Definitions:

1                     Child protection:  Reactive approach - recognising abuse and acting on it.

2                     Safeguarding:  Pro-active - preventative measures.

3                     Child/ Young person:  Up to their 18^th birthday - defined in the UN Convention of the rights of a child.

4                     Vulnerable Adult :  A person who has attained the age of 18 and;

ü Is receiving any form of healthcare.

ü Is receiving a service or participating in an activity which is specifically targeted at people with age-related needs, disabilities or prescribed physical/mental health conditions or expectant or nursing mothers living in residential care.

ü Age-related needs include needs associated with frailty, illness, disability or mental capacity.

5                     Young People:  No legal definition, different projects work with different age groups 11-16, 14-19, or up to 25.  There is no official age at which a ‘child’ becomes a ‘young person’.

6                     Discriminate:  

ü  Directly - treat less favorably due to religion, gender, race, sexuality, age or disability.

ü  Indirectly - apply a criterion, provision, or practice which disadvantages people of a particular religion/belief, gender, race, sexuality, age or disability.

7                     Harassment: - Unwanted conduct that violates a persons’ dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment regarding to all the circumstances and the perception of the victim.

8                     Victimisation: - Victimising someone because they have made or intend to make a complaint or allegation, have given or intend to give evidence in relation to a complaint.

9                     Abuse: 

ü  Abuse is the violation of an individual's human rights.  It can be a single act or repeated acts.  It can be physical, sexual or emotional and includes acts of neglect or omission to act. In all forms of abuse there are elements of emotional abuse.  Vulnerable adults may also suffer additional types of abuse such as being manipulated financially or being discriminated against.  Other examples of abuse include inflicting physical harm such as hitting or misuse of medication, rape and sexual assault or exposure to sexual acts without informed consent, emotional abuse such as threats, humiliation and harassment, exploitation, ignoring medical or physical needs, withholding of necessities of life such as food or heating.  This list is not definitive.

Legislation References

1         Children Act 2004:  Section 10 places a duty on each local authority to make arrangements with relevant agencies to cooperate and improve the well being of children.

ü  Section 11 gives a range of organisations a duty to ensure that their functions are discharged with the regard to the need to safeguard and promote the welfare of children.  http://www.legislation.gov.uk/ukpga/2004/31/section/11

2         Safeguarding Vulnerable Groups Act 2006:  Legislation framework for the introduction of the Independent Safeguarding Authority (ISA) and new Vetting & Barring Scheme; for those working with children and vulnerable adults are currently under review.  http://www.legislation.gov.uk/ukpga/2006/47/contents

3         Education Act 2002:  Section 175 places a duty on local authorities, maintained schools, Further Education Institutions including Sixth Form Colleges, to carry out their function with a view to safeguarding and promoting the welfare of children and young people.  

ü  Section 157 places the same duty on Independent schools, including Academies and Technical Colleges. http://www.legislation.gov.uk/ukpga/2002/32/section/175

4         Rehabilitation of Offenders Act 1974: (Exceptions Order 1975 as amended) requires an individual to be subject to an Enhanced Criminal Records Bureau disclosure check. http://www.legislation.gov.uk/ukpga/1974/53/section/1

5         Working Together to Safeguard Children 2006: “All agencies and individuals should aim to proactively safeguard and promote the welfare of children so that the need for action to protect children from harm is reduced.”  http://www.everychildmatters.gov.uk/socialcare/safeguarding/workingtogether/

6         The Equality Act 2006:  Gender equality aims to promote equal opportunities between men and women, including trans-gender people, and to eliminate discrimination and harassment.  The Equality Act 2006 amends the sex discrimination act to place a statutory general duty on employers when carrying out their functions to have due regard to the need;

ü  To eliminate unlawful discrimination and harassment

ü  To promote equality of opportunity between men and women.

7         Sex Discrimination Act 1975 & 1986:  Section 38 It is unlawful to discriminate directly or indirectly on the grounds of sex or marital status, or to apply requirements or conditions which have a disproportionately disadvantageous effect on people of a particular sex or marital status, where these cannot be justified.  http://www.legislation.gov.uk/ukpga/1986/59/section/1

8         The Race Relations Act 1976:  Section 29 it is unlawful to discriminate directly or indirectly on the grounds of colour, race, nationality (including citizenship), ethnic or national origin, or to apply requirement or conditions which have a disproportionately disadvantageous effect on people of a particular racial group and which cannot be justified on non-racial grounds. http://www.legislation.gov.uk/ukpga/1976/74/part/I

9         Employment Equality (Religion or Belief) Regulations 2003:  it is unlawful to discriminate against workers because of religion, religious belief or similar philosophical belief.  These regulations apply to vocational training and all facets of employment, including recruitment, terms and conditions, promotions, transfers, dismissals, and training.  Exceptions may be made in very limited circumstances if there is a genuine occupational requirement for the worker to be of a particular religion or belief in order to do the job or comply with the religious or belief ethos of the organisation. http://www.legislation.gov.uk/uksi/2003/2828/introduction/made

10     The Disability Discrimination Act (DDA) 1995: (and Amendment to DDA 2005) it is unlawful for employers to discriminate, directly or indirectly against a person with a physical or mental impairment for any reason related to their disability in all aspects of their employment. Employers also have a duty to consider making ‘reasonable adjustments’ to ensure that a disabled worker is not put at a substantial disadvantage by employment arrangements or any physical feature of the workplace. http://www.legislation.gov.uk/ukpga/1995/50/contents

11     Immigration, Asylum and Nationality Act 2006: makes employers responsible for the prevention of illegal working by checking that employers who are subject to immigration control have leave to be in the UK which;

ü  Does not restrict them from taking up jobs or;

ü  Falls into a category where employment is allowed

ü  Under Section 21 of the act, an employer may commit a criminal offence if he/she knowingly employs an illegal immigrant

For and on behalf of Deaf Umbrella East Ltd ©

Continued Appendix 1 & 2

Appendix 1

Reporting Concerns

Please ensure you record what had been said as accurately as possible.  Make sure this account is factual and does not include your own interpretation, although details of how they looked and behaved are useful, e.g. “He had a black eye and was crying”.  This form must be returned to the designated person without delay.  Once you have reported the concern to the designated person, the responsibility for taking any further action resides with them.  You should never attempt to investigate the matter in any way, actions taken in this regard could jeopardise an investigation and any possible court action.

Appendix 2