Safeguarding Children and Young People and Referring Safeguarding Concerns
REGULATIONS AND STANDARDS
The Fostering Services (England) Regulations 2011:
Regulation 11 - Independent fostering agencies—duty to secure welfare
Regulation 12 - Arrangements for the protection of children
Fostering Services: National Minimum Standards
STANDARD 4 - Safeguarding Children
Local Multi-Agency Safeguarding Children Procedures
SCOPE OF THIS CHAPTER
This chapter explains the procedure to be followed where there are concerns that a child placed with a foster carer approved by the Agency has suffered, or is likely to suffer, significant harm. It should be read in conjunction with the Information Sharing and Confidentiality Procedure.
Where there are concerns that a child in placement has, or is likely to suffer Significant Harm as a result of the actions of a foster carer, member of staff or volunteer of the Agency, see the Managing Allegations Against Staff and Foster Carers Procedure.
All Agency staff and foster carers are made aware of these procedures for responding to concerns about the safety of a child, and these procedures must be followed in all cases.
Contents
1. Introduction
Safeguarding and promoting the welfare of children and young people and, in particular protecting them from abuse and harm, is everyone's responsibility and depends on effective joint working between all staff and carers, and relevant agencies and practitioners.
The Agency is committed to safeguarding and promoting the well-being of children and young people who are placed in our care, so that they can experience a healthy and happy childhood free from abuse and neglect.
The local authority has a duty to safeguard and promote the welfare of all children, and to investigate and take action as necessary to protect children and young people when there are concerns that they have been abused or neglected.
All staff and carers have a responsibility to report any concerns of abuse or neglect and to take all allegations seriously, and report them to their manager or an independent person - such as the child's social worker, Police, Regulatory Authority or the NSPCC.
The procedures in this chapter are mandatory and any failure to comply with them will be addressed through appropriate procedures.
The Agency will ensure that arrangements are made for staff, foster parents and children placed by the Agency, to be provided with contact details for the area authority, and Ofsted, for the purposes of referring any concern about child welfare or safety to them. Ofsted can also be contacted on 0300 123 1231.
2. Proactive Safeguarding Practice
The Agency sets high expectations to ensure that children feel safe and are safe, understand how to protect themselves and are protected from significant harm, including (but not limited to) neglect, abuse, sexual and criminal exploitation, accidents, bullying, self-harm, forced marriage, female genital mutilation, homophobic behaviour, racism, sexism and other forms of discrimination, and radicalisation. Any discriminatory behaviours are challenged and help and support are given to children about how to treat others with respect. Foster carers are prepared and supported to respond to children who may face these risks, and receive suitable training.
The Agency promotes safe care, makes unannounced visits to foster carers at least annually and ensures that children have regular opportunities to speak to a trusted professional adult without their foster carers. Children can identify a trusted adult who they can talk to about any concerns. When children raise concerns, it is essential that the adults in whom they confide listen to them, take their concerns seriously and respond appropriately. Foster carers should liaise with their supervising social worker as appropriate.
Care and placement planning ensures that any risks associated with children offending, misusing drugs or alcohol, self-harming, going missing, being affiliated with gangs, being subject to sexual or criminal exploitation, extremism or radicalism are known and understood by the foster carers who look after them. This includes regular contact and planning with the child's allocated social worker and their family, if this is appropriate and in accordance with plans for their future. Care and placement planning must include the measures to be taken to safeguard any child in relation to contact with parent(s). Leaders and managers within the Agency regularly review and act on any known risks to children, taking advice and guidance from local partners and agencies as appropriate.
Children's safety and welfare is promoted in all fostering placements. Foster carers actively safeguard and promote the welfare of foster children. Foster carers make positive relationships with children, generate a culture of openness and trust and are aware of and alert to any signs or symptoms that might indicate a child is at risk of harm. The Agency helps prepare foster carers for the potential impact of abuse and neglect on the behaviour and needs of children, and for the developing needs of any children placed. See Recognising Abuse and Neglect Procedure and Self-harm and Suicidal Behaviour Procedure.
Foster carers are trained in appropriate safer-care practice, including skills to care for children who have been abused. For foster carers who offer placements to disabled children, this includes training specifically on issues affecting disabled children. See Providing Personalised Care Procedure and Safer Care Practice and Personal Care Procedure.
Children must be helped to understand how to keep themselves safe, including when outside of the household or when using the internet or social media (see Internet, Photographs and Mobile Phones Procedure and Radicalisation and Violent Extremism Procedure.
Proactive and creative safeguarding practice means that all children, including the most vulnerable, have a strong sense of safety and well-being and they are unlikely to be missing from care on a regular basis. Children who do go missing experience well-coordinated responses that reduce the harm or risk of harm to them, risks are well understood and minimised, there is a clear plan of urgent action in place to protect them and to reduce further harm or risk of harm. See Missing Children Procedure.
Foster carers are prepared and supported to manage situations and behaviour, and clear and consistent boundaries contribute to a feeling of well-being and security for children. Children are involved in creating ways to de-escalate situations and finding creative alternative strategies that are effective. See Positive Relationships and Behaviour Management Procedure.
Children must be supported to take age-appropriate risks, as a normal part of growing up, that are considered with foster carers, placing social workers (as appropriate) and the children themselves. The Agency implements a proportionate approach to risk assessments to ensure that these work in practice, are fit for purpose and provide enough information to all relevant people so that they can care for the children safely and appropriately. Individual up-to-date risk assessments must address any known vulnerabilities for each child effectively and set out what action should be taken to address and minimise the risks, and reduce harm or the risk of harm. (See Risk Assessment and Planning Procedure)
The Agency and foster carers work effectively in partnership with other agencies concerned with child protection, e.g. the responsible authority, schools, hospitals, general practitioners, etc., and do not work in isolation from them.
Allegations or suspicion of harm must be shared with the appropriate agencies and be handled fairly, quickly and in accordance with statutory guidance. Children must be supported and protected. Support must be given both to the person making the allegation and the person who is the subject of the allegation. The Agency makes sensitive and carefully assessed decisions if children need to be removed from carers if a carer is subject to an allegation. (See Managing Allegations Against Staff and Foster Carers Procedure.)
Staff have effective links with local authorities, designated officers and other safeguarding agencies. There is good communication about safeguarding issues, such as any injuries sustained during restraints or allegations against foster carers. Staff have good relationships with relevant local voluntary sector organisations that may be able to offer specialist support to children in keeping themselves safe.3. Reporting Concerns or Allegations
The following assumes that there are no concerns or allegations against the foster carer(s) or staff or volunteers of the fostering service. If there are any such concerns, see the Managing Allegations Against Staff and Foster Carers Procedure. |
3.1 Reporting Concerns/Allegations
Any child protection concerns must immediately be shared with the placing and/or host local authority as required and a record of that referral be retained.
Any concerns in relation to the abuse or neglect of a child who is placed with a foster carer approved by the Agency must be reported promptly to the child's allocated social worker and the carer's Supervising Social Worker. The Supervising Social Worker will share the concern with the Designated Manager for Safeguarding in the Agency. See Section 3.3, Action by Designated Manager for Safeguarding.
Outside office hours, the Children's Social Care Out of Hours Service should be contacted.
Allegations that another child, a visitor, a person in the community, teacher, social worker, parent or any other person has harmed the child in placement should also be reported to the child's allocated social worker, foster carer's Supervising Social Worker or Out of Hours Service.
Where a concern or allegation about historical or non recent abuse is made this must still also be shared with the child's allocated social worker and carer's Supervising Social Worker - there should not be an assumption that the concern has been dealt with.
All actions should be recorded in full by the carer.3.2 Emergency Action
Where there is an immediate risk to a child, foster carer(s) must take the immediate necessary steps they see fit to protect the child, which may include calling the Emergency Services e.g. the Police or Ambulance Service.
If the child is taken to hospital or the Police are called, the foster carer(s) must inform them of any concerns in relation to possible abuse or neglect.
Wherever possible, the child's allocated social worker and the carer's Supervising Social Worker should be contacted as soon as the foster carers become aware of the child's need for emergency attention. However the foster carers should not delay taking action in order to do so. If the child's allocated social worker and the carer's Supervising Social Worker is not contacted before the Emergency Services are called, they should be notified as soon as practicable afterwards. The Designated Manager for Safeguarding within the Agency should also be notified.
All actions should be recorded in full by the carer.
3.3 Action by Designated Manager for Safeguarding
When a concern or allegation of abuse or neglect has been reported to the Designated Manager for Safeguarding within the Agency, they will decide whether to make a referral to the local authority's Children's Social Care. The referral will be made to the Children's Social Care for the area where the significant harm is suspected in accordance with the relevant Multi-Agency Safeguarding Children Procedures.
The parents should usually be informed before discussing a referral about them with other agencies, unless this may itself place a child at risk of significant harm. Where the Designated Lead for Safeguarding decides not to make parental contact before making a referral to Children's Social Care, the decision must be recorded with reasons.
Referrals can usually be made by telephone in the first instance, but Children's Social Care will require any telephone referral to be followed up in writing. Children's Social Care will make a decision about the type of response that is required within 1 working day and provide feedback to the referrer.
All referrals must be followed up in order that the Agency can be satisfied that appropriate action has been taken to protect the child from further harm. Where no feedback is received as to the action taken, the Designated Manager for Safeguarding should contact Children's Social Care in order to establish the action taken.
Once feedback is received, if the Designated Safeguarding Manager does not agree with the Children's Social Care response, the local multi Agency Resolving Professional Differences / Escalation Policy should be followed.
The following people/agencies should also be notified that a referral has been made:
- The child(ren)'s social worker, who will decide any actions that need to be taken to protect the child(ren) e.g. whether it is necessary to change placements;
-
The Regulatory Authority (Ofsted), if a Section 47 Enquiry is initiated;
- The Agency Decision Maker.
3.4 Information Sharing
See also Information Sharing and Confidentiality Procedure.
Under no circumstances should information about the concerns/allegations be given to a person who is implicated or against whom an allegation has been made until this has been agreed with Children's Social Care and/or the Police.
Information about the actions taken should be shared with the child's carers and other relevant members of staff within the Agency on the basis of their need to know.
Where there are concerns about significant harm to a child and this leads to an Assessment by Children's Social Care, full information about the child should be shared with Children's Social Care in order for the necessary assessments to take account of the full picture in relation to the child.
4. Section 47 Enquiries
Where Children's Social Care decides to undertake a Section 47 Enquiry as a result of the referral, the Agency will cooperate fully with the local authority, attend Strategy Meetings as required and share information from their case records in order to assist the local authority to take account fully of all the available background information.
The Agency will agree with Children's Social Care who will be responsible for notifying the Regulatory Authority, and keeping them updated.