1.0 Scope

This procedure applies to all paid staff, trustees, volunteers, therapists, researchers, or anyone working on behalf of One Southwark.

2.0 Purpose

The purpose of this procedure is to:

  • To protect children and young people who receive services from One Southwark.
  • To protect vulnerable adults who receive One Southwark services.
  • To provide staff, consultants and volunteers with advice and information about how to deal with safeguarding concerns while providing services on behalf of One Southwark.

One Southwark believes that nobody should ever experience abuse of any kind and United St Saviour’s Charity, which provides the service, has Zero Tolerance to all forms of abuse. We have a responsibility to promote the welfare of all children, young people and vulnerable adults and to keep them safe. We are committed to practice in a way that protects them.

One Southwark also has a duty by law under the Equality Act 2010 to protect people from discrimination, harassment and victimisation with a ‘protected characteristic’.

The following six principles as set out in guidance to the Care Act 2014 should inform practice with all Service users:

  1. Empowerment – People being supported and encouraged to make their own decisions and informed consent.
  2. Prevention – It is better to take action before harm occurs.
  3. Proportionality – The least intrusive response appropriate to the risk presented.
  4. Protection – Support and representation for those in greatest need
  5. Partnership – Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
  6. Accountability – Accountability and transparency in delivering safeguarding.

One Southwark will promote the well-being of its Service users and provide a safe and supportive environment for all upholding their human rights. It will ensure this through active Care Planning that involves and informs the service user. One Southwark’s Care Planning process will include the ongoing management of risk.

United St Saviour’s Charity will ensure that there is a lead Designated Safeguarding Advisor, this is Jude Leighton, Head of Housing, and a Lead Trustee for Safeguarding, this is Cindy Glover.

 To support One Southwark in meeting the requirements of:

  • The Children Acts 1989 and 2004, which provide a framework for the care and protection of children
  • Section 5B(11) of the Female Genital Mutilation Act 2003, as inserted by section 74 of the Serious Crime Act 2015, which places a statutory duty on teachers and other professionals to report to the police where they discover that female genital mutilation (FGM) appears to have been carried out on a girl under 18
  • Statutory guidance on FGM, which sets out responsibilities with regards to safeguarding and supporting girls affected by or at risk of FGM
  • Sexual Offences Act 2003, Serious Crime Act 2015 and Voyeurism Act 2019
  • The Rehabilitation of Offenders Act 1974 (exceptions order 1975), which outlines when people with criminal convictions should disclose these to prospective employers.
  • Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedoms Act 2012, which define what ‘regulated activity’ is in relation to children and vulnerable adults
  • Statutory guidance on the Prevent duty, which explains organisations’ duties under the Counter Terrorism and Security Act 2015 with respect to protecting people from the risk of radicalisation and extremism
  • The Disqualification under the Childcare Act (DUCA) Regulation 2018 , which sets out who is disqualified from working in early years or later years childcare
  • Mental Capacity Act 2005 and the Mental Capacity Act Code of Practice 2007 (both to be updated when the Mental Capacity (Amendment) Act 2019 come into force in 2020/21)
  • Human Rights Act 1998

This procedure also meets requirements relating to safeguarding and welfare in our articles of association and  with Charity Commission guidance in Safeguarding duties for charity trustees and Safeguarding strategy and how to report serious safeguarding incidents, Guidance on reporting serious incidents.

 

3.0 Definitions

3.1        Definition of Abuse (children)

A ‘child’ or ‘young person’ applies to any person under the age of 18 years of age.

Physical Abuse – may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Female genital mutilation is a form of abuse affecting young girls particularly from North African countries, this is illegal in the UK. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. Children experiencing so called, ‘honour-based violence’ which is often committed with some degree of collusion from other family members and/or the community.

Emotional Abuse – is the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to 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 development capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill treatment of another. It may involve serious bulling, causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. It may also occur in an on-line environment. Some level of emotional abuse is involved in all types of maltreatment 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, including prostitution, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative (e.g., rape, buggery or oral sex) or non-penetrative acts. They may include non-contact activities, such as involving children in the looking at, or in the production of, sexual online images, watching sexual activities or encouraging children to behave in sexually inappropriate ways.

Neglect – is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:

  • Provide adequate food, clothing and shelter (including exclusion from home or abandonment);
  • Protect a child from physical and emotional harm or danger;
  • Ensure adequate supervision (including the use of inadequate care-givers); or
  • Ensure access to appropriate medical care or treatment.

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

3.2         Definition of abuse (Adults)

A vulnerable adult is a person aged 18 or over who is or may be in need of community care services due to age, illness, or a mental or physical disability and who is or maybe unable to take care of him or herself or protect him or herself against significant harm or exploitation. (DOH 2002)

With regard to young persons using One Southwark this may include:

  • People with mental health problems (mild to moderate)
  • People with disabilities
  • People with learning difficulties
  • People who are struggling or distressed emotionally/psychologically
  • People experiencing domestic abuse

Living a life that is free from harm and abuse, is a fundamental human right for every person and an essential requirement for health and well-being. Safeguarding adults is about safety and well-being but also about providing additional measures for those least able to protect themselves from harm or abuse.

Physical Abuse – Examples of physical abuse are assault, rough handling, hitting, pushing, pinching, shaking, misusing medication, scalding, inappropriate sanctions and exposure to excessive heat or cold. Unlawful or inappropriate use of restraint or physical interventions and/or deprivation of liberty are also physical abuse.

Domestic violence and self-harm need to be considered as possible indicators of abuse and /or contributory factors.

People experiencing so called ‘honour-based violence’ which is often committed with some degree of collusion from other family members and/or the community.

Sexual Abuse and Sexual Exploitation – Some examples of sexual abuse/assault include the direct or indirect involvement of the adult at risk in sexual activity or relationships which:

  • They do not want or have not consented to e.g., rape, forced marriage.
  • They cannot understand and lack the mental capacity to be able to give consent to;
  • They have been coerced into because the other person is in a position of trust, power or authority, for example, a care worker; or

Required to watch sexual activity.

Psychological/ Emotional Abuse – This is behaviour that has a harmful effect on the person’s emotional health and development or any form of mental cruelty that results in:

  • Mental distress.
  • The denial of basic human and civil rights such as self-expression, privacy and dignity;
  • Negating the right of the adult at risk to make choices and undermining their self-esteem.
  • Isolation and over-dependence that has a harmful effect on the person’s emotional health, development or well-being.
  • Bullying
  • Verbal Attacks
  • Online Attacks; or
  • Intimidation.

Neglect – A person’s well-being is impaired, and care needs not met. Behaviour that can lead to neglect includes ignoring medical or physical needs, failing to allow access to appropriate health, social care and educational services, and withholding the necessities of life such as medication, adequate nutrition, hydration or heating.

Neglect can be intentional or unintentional.

Intentional neglect would result from:

  • Wilfully failing to provide care.
  • Wilfully preventing the adult at risk from getting the care they needed; or
  • Being reckless about the consequences of the person not getting the care they need.

Unintentional neglect – could result from a carer failing to meet the needs of the adult at risk because they do not understand the needs of the individual, they may not know about services that are available or because their own needs prevent them from being able to give the care the person needs. It may also occur if the individuals are unaware of or do not understand the possible effect of the lack of action on the adult at risk.

Discrimination – Discriminatory abuse exists when values, beliefs, or culture result in a misuse of power that denies opportunity to some groups or individuals, and this results in harm.

Psychological abuse that is racist, sexist, or linked to a person’s sexuality, disability, religion, ethnic origin, gender, culture, or age.

Institutional – Observed lack of dignity and respect in the care setting, rigid routine, processes/tasks organised to meet staff needs, disrespectful language and attitudes.

Financial – It is the use of a person’s property, assets, income, funds or any resources without their informed consent or authorisation. It includes:

  • Theft
  • Fraud
  • Exploitation
  • Undue pressure in connection with wills, property, inheritance or financial transactions;
  • The misuse or misappropriation of property including Cuckooing, possessions or benefits; or
  • The misuse of an enduring power of attorney or a lasting power of attorney, or

It is not the role or responsibility of One Southwark to investigate allegations of harm or risk of harm.

 

4.0 Duties

Local Authorities and the Police have a statutory duty to investigate where they have reasonable cause to suspect that a child or vulnerable adult is suffering, or is likely to suffer significant harm, and to take appropriate action to protect the child or vulnerable adult where necessary. Whilst Social Services departments have primary responsibility in this regard, the Local Authority has a duty to cooperate with the lead authority in supporting children and families.  “Working Together” recognises that a wide range of voluntary organisations provide services for children, including counselling for children with problems.

“Authorities should be alert to the opportunities to promote voluntary effort in their area and ensure that there is good liaison with voluntary organisations. Staff in these and other voluntary services concerned with children and families can also help by bringing children who are thought to be in need of protection to the attention of the statutory agencies.”

One Southwark does have a duty to

  • Listen and act in the best interests of the young person at all times.
  • Make sure that all interventions take into account the views of the young person.
  • Ensure that all safeguarding and protection responses are proportionate.
  • Assume that adults have the capacity to make decisions, unless it is established that they lack capacity. Making unwise decisions does not constitute lacking capacity.
  • On occasion take action that the young person would not have wanted and without their consent.

 

5.0 Specific considerations in the One Southwark context

5.1        Mental Capacity

The first principle of the Mental Capacity Act is to assume that people have capacity. This is true for most of our young persons who have capacity throughout their support.

There may be instances when a young person has capacity at the start of their support but later lacks capacity. If an adult young person consents to support when they have capacity, this consent is still valid if they later lack capacity If the young person has capacity at the start of the process and is able to sign their own consent form, then this consent will still stand and continue later if they lack capacity.

However, if a young person lacks capacity when the referral is made then we can only provide support if someone has lasting power of attorney in relation to health and welfare. If this is the case, then that person has been given the ability to make a decision on behalf of the person who lacks capacity in their best interests. That person would need to sign the consent form for support to take place.

5.2        Young person’s consent

Please refer to the Under 16’s consent to support policy.

 

6.0 Role of the Senior Designated Officer for Safeguarding

6.1        At One Southwark, the Senior Designated Officer for safeguarding is Will Cole – telephone: 07306 156 482, email: wcole@ustsc.org.uk. The role of the Senior Designated Officer for safeguarding in this regard is to hold overall responsibility for safeguarding relating to One Southwark services and the day-to-day interpretation of policies and procedures that relate to safeguarding issues. At any time the Senior Designated Officer may be supported by the Designated Safeguarding Lead for the Charity.

6.2        Other Responsibilities of the Senior Designated Lead for safeguarding

  • Identifying Organisational links to relevant Local Authority Leads
  • Be familiar with local authority policies and procedures for Safeguarding and Child Protection
  • Be familiar with the Mental Capacity Act and keep up to date with relevant case law
  • Has responsibility for Prevent within the organisation and provides or enables appropriate workshops to raise awareness of prevent (WRAP)
  • Provide or enable appropriate safeguarding training for Counsellors/Therapists working directly with children and young people
  • Monitor and review United St Saviours Charity, One Southwark, Safeguarding Children and Vulnerable Adults Policy and procedures periodically
  • Inform the appropriate agencies/authorities in the case of a Child Protection or Safeguarding disclosure
  • Report on safeguarding to management and Trustees
  • Maintain secure documentation recording the outcome of disclosures.

 

7.0 One Southwark Personnel

One Southwark takes responsibility for safeguarding children/young people/vulnerable adults from harm from those placed in positions of trust or care. We do so by ensuring

  • All One Southwark trustees, staff and volunteers are suitably qualified, trained and experienced.
  • No direct work with children/young people/vulnerable adults can begin without receipt of two satisfactory references and Enhanced DBS check.
  • At induction all One Southwark trustees, staff and volunteers are expected to read the safeguarding policy and procedure.
  • At induction all One Southwark trustees, staff and volunteers complete safeguarding training appropriate to their level of service.
  • All staff and volunteers are covered by Professional Indemnity Insurance or One Southwark Insurance Policy for PAYE Staff; and hold membership to their appropriate body, where applicable.
  • The young person must have the choice to attend sessions or not.
  • Young persons, or their parent/guardian sign a consent form before accessing a service. This form clearly explains that records are kept, that the service is confidential but there are instances in which confidentiality might be breached.
  • External, independent supervision of sessional counsellors/therapists, if used, will be carried out monthly for all psychological practitioners. The consent form explains that therapists will confidentially discuss their young person work in supervision.
  • There should be no contact between One Southwark staff or volunteers and the young person outside the formal support or therapeutic setting.
  • Appropriate internet use and sites visited by our personnel through periodic audit.
  • If any member of the One Southwark team has concerns regarding the conduct of another member of One Southwark they have the duty to report this concern, in confidence, to the Designated Safeguarding Lead, the lead Trustee for safeguarding or the Chair of Trustees.

 

8.0 Recognising a safeguarding concern

It is for the young person to choose what is, and is not, spoken about at One Southwark.

In establishing an initial contract with a young person, the limits of confidentiality will have been conveyed by the staff member or volunteer to the young person. Not all young persons will disclose to their worker though – they may tell a volunteer, or someone in a peer support meeting.

Where a disclosure of actual harm is made by a child or vulnerable adult the person who it has been made to must explain to the young person that they need to take this information to the designated safeguarding officer.

Where a person suspects abuse, they must also take this information to the designated safeguarding officer. If possible, they should let the young person know that they intend to do so, but there may be reasons they are not able to do so.

The starting point of the process therefore is that any member of staff or volunteer who has knowledge of, or a well-founded suspicion that a child or vulnerable adult is suffering significant harm, or is at risk of significant harm, should refer their concern to the designated safeguarding officer.

 

9.0 Acting as a result of a safeguarding

The person with knowledge of, or a well-founded suspicion of harm or abuse should

  • Write up the details as accurately as possible on a Child Protection and Safeguarding Vulnerable Adults Form, detailing the young person’s conversation/actions, the sequence of these, and noting the exact words spoken where these can be recalled. Where the One Southwark staff/volunteer is paraphrasing, this should be indicated. If necessary, this record should be continued on a separate sheet of paper and stapled to the Child Protection and Safeguarding Vulnerable Adults Form.
  • Discuss their concerns with One Southwark Designated Safeguarding Lead in the first instance.
  • In discussion the person making the report and the designated safeguarding lead will decide if the concern is a low-level concern or a high-level concern

Low-Level Concerns

If the concern is deemed to be a low-level concern, a copy of the form will stored by the designated safeguarding lead in a locked filing cabinet.  A copy does not need to be kept on the young person’s notes, although reference needs to be made to the completion of the Child Protection and Safeguarding Vulnerable Adults Form, in case notes.

High-Level Concerns

If, after discussion with the designated safeguarding officer, the threshold of risk to the child/young person/vulnerable adult is considered to be high one or more of the agencies with statutory duties and/or power to investigate and intervene will be informed.

  • Any identified concerns as the result of observed behaviour or reports of conversations to suggest that terrorism and/or extremism is taking place, must be reported to the CEO/Chair of Trustees immediately and no later than the end of the working day.

 

10.0 London Borough of Southwark Safeguarding Teams

If you believe a child or vulnerable adult is in immediate danger, contact the police on 999.

If you are worried about a child?

If you have concerns about a specific child, please contact the Multi-Agency Safeguarding Hub (MASH) on 020 7525 1921 (weekday 9-5) or 020 7525 5000 (out of hours).

You can also email them on MASH@southwark.gov.uk. The referral form for the MASH can be found here.

Are you worried about an adult with physical/sensory disabilities, or an adult over 65?

Please email the contact team on OPPDContactteam@southwark.gov.uk, or call 020 7525 3324

Are you worried about an adult with a mental illness?

Please email MHContact@southwark.gov.uk, or call 020 7525 0088.

Are you worried about an adult with a learning disability?

Contact the Learning Disabilities Duty Team on LearningDisabilitiesDuty@southwark.gov.uk, or call 020 7525 2333.