Home > Governance > Policy > Child Protection Policy

Herts Aid Child Protection Policy

Policy Statement:

Herts Aid is an HIV and Sexual Health Charity providing support, clinical and educational services in and around Hertfordshire. We achieve this by offering emotional and practical support, educational projects and community based clinics. We are a service user led organisation that is committed to ensuring a culture that is warm, inclusive and caring.

Herts Aid undertakes to provide parents and service users with all the relevant information in relation to the current child protection laws and guidance, and will make all users of the service aware of our policy and the fact that the child’s needs are paramount, and the consequences of this in relation to our confidentiality policy.

1. Introduction

1.1 Herts Aid is involved in providing services for a wide range of people, some of which are children and young people and many of whom will have children.

1.2 The Herts Aid Child Protection Policy is informed by relevant legislation namely Children Act 1989, 2004; Every Child Matters (2003) and; Hertfordshire Primary Care Trusts: Safeguarding Children and Young People (Date of Publication unknown), working together to safeguard children.

1.3 It is Herts Aid’s policy that any person applying for either employment as a member of staff, as a trustee or volunteer is subject to an Enhanced Criminal Records Bureau Check. This will include any information that can be obtained under the Protection of Children Act 1999.

1.4 Front line staff are often the first point of contact for a child suffering any form of significant harm and subsequently workers must be able to recognise and report when a child is suffering, or likely to suffer, significant harm.

2. What is Significant Harm?

2.1 The measure of significant harm is established where a child’s health, development or wellbeing is compromised due to them being placed at risk of harm; it is the responsibility of agencies working with ensure to ensure children are safeguarded and their wellbeing promoted.

2.2 Relevant legislation measures risk posed to a child by assessing whether a child is thought to be suffering, or thought to be at risk of suffering, significant harm. Statute does not provide a measure of significant harm, however often it is categorised into four main groups, physical abuse, emotional abuse, sexual abuse and neglect. A child or young person can suffer several forms of abuse simultaneously.

Note: The law is not prescriptive with regard to what constitutes significant harm; there may be occasions where concerns are naturally occurring as opposed to non-accidental.

3. Responsibilities of Herts Aid staff:

3.1 Any member of staff or volunteer has a responsibility to be alert to concerns that may suggest a child is suffering, or likely to suffer, significant harm. Employees and volunteers do not however have a duty in diagnosing, investigating or providing a statutory response to significant harm.

3.2 Staff and volunteers will work sensitively and knowledgeably with diversity to identify the particular issues that arise for an individual taking account of experiences and family context – this should not deflect any worker from challenging behaviour that may lead to a child suffering significant harm.

3.3 If the child is in immediate danger, removal from the danger or removal of the danger is a priority and may require police assistance (Police Protection) or an Emergency Protection Order (EPO) being sought by Children, Schools and Families. If a child is believed to have suffered a non-accidental injury, it may be necessary to seek medical advice or attention.

3.4 Should concern(s) arise with regard to a child’s safety or wellbeing, they should be immediately discussed with ones line manager who will raise any issues with the Herts Aid Management Team.

3.5 In the event that a child discloses abuse, no questioning of the child or family must occur in order not to prejudice any investigation or proceedings. Children, Schools & Families must be contacted immediately.

3.6 Staff are accountable for their interactions with service users and correct and appropriate recording is a part of their duty of care. No record of concern(s) relating to a child or young person should be made with the absence of an agreed plan of action to address such concern(s).

3.7 Appendix A illustrates the course of action to be taken when concerns arise.

3.8 Each agency and voluntary organization working with children or parents will come across families where multiple problems generate concern(s) for the well being of the individuals involved. It is the responsibility of every professional and carer to consider the effects and impacts of these problems on a child’s well being (see 4.1).

4. The Responsibility on Herts Aid:

4.1 Herts Aid will ensure that all staff and volunteers are aware of the need to safeguard children and young people and are aware of how to escalate concerns of suspected cases of significant harm within the agency (see Appendix A).

4.2 Children Act 1989 requires agencies to view a child’s needs as paramount and therefore supersede any other policy that may be held; Children Act 2004 emphasises that agencies have a statutory duty to cooperate to improve wellbeing, safeguard children and promote their welfare.

4.3 Herts Aid is accountable for addressing concerns regarding any child suffering or likely to suffer significant harm and all staff must ensure that interactions are correctly recorded.

4.4 Staff and volunteers will work in partnership with families and request consent for any intervention or disclosure of information. However, the safety of the child is paramount and disclosure of information may occur without parental consent on occasion if seeking the permission of the parent/carer would compromise the safety of the child. Note: Working in partnership means that wherever possible, parents will be included in the decision making process; this does not mean that parents will necessarily agree with the decision(s) made.

4.5 All service users registered with Herts Aid will be made aware of our Child Protection Policy and will be provided with a copy of this policy upon request.

4.6 Herts Aid is required to comply with the Hertfordshire Primary Care Trusts: Safeguarding Children and Young People Policy. There is a duty placed upon Herts Aid to provide any relevant information that is held relating to any concern(s) raised under Section 47 of the Children Act 1989. Concern(s) raised under Section 17 of the Children Act 1989, require staff to ascertain whether parental consent has been gained when considering whether information is appropriate to be shared; information will be shared if parental concern has been gained. Note: Requests for information should be made in writing. Appendix B offers guidance on sharing information appropriately.

4.7 Requests for information held on a child where there are safeguarding concerns must be discussed with the Herts Aid Management Team.

5. Information Governance

5.1 Effective Information Governance provides appropriate channelling of information, addressing concerns of confidentiality as and when they arise. The function of Information Governance extends to providing a strategic role, ensuring that policy and planning take account of identifiable information.

5.2 The sharing of information is to be discussed with the Herts Aid Management Team; the role of information governance is that of the Herts Aid Director.

5.3 The Caldicott Guardian (Herts Aid Director) is responsible for information governance of clinical data assuring confidentiality and data protection. In the event that information is requested by an authority, the Caldicott Guardian will test the sharing of information against the following principles:

  • Justify the purpose(s) for using confidential information;
  • Only use it when absolutely necessary;
  • Use the minimum that is required;
  • Access should be on a strict need-to-know basis;
  • Everyone must understand his or her responsibilities and;
  • Understand and comply with the law.

6. The Law in Relation to Sharing Information

6.1 Herts Aid will measure decisions based upon UK Law taking account of : Data Protection Act (1998); Human Rights Act (1998); Freedom of Information Act (2000); Heath and Social Care Act (2001).

Note: Article 8 of the Human Rights Act provides a right to ‘private and family life’, however this right is not absolute and can therefore be overborne by the public interest.

7. Under 16 Years Sex

7.1 Anyone judged to be Gillick Competent, and in accordance with the Fraser Guidelines, should be offered advice or treatment with regard to their sexual health (Appendix C).

7.2 Should concerns arise regarding a sexually active young person, a risk assessment must be completed (Appendix D).

7.3 Following completion of risk assessment, if concerns are thought to be significant then young person must be informed that professional advice is to be sought.

References:

Children Act 1989. (c.41), London: HMSO.

Children Act 2004. (c.31), London: HMSO.

Data Protection Act 1998. (c.29), London: HMSO.

Department of Health and The Home Office, 2003 (Every Child Matters) (Cmnd. 5860) London: HMSO.

Freedom of Information Act 2000. (c.36), London: HMSO.

Human Rights Act 1998. (c.42), London: HMSO.

Protection of Children Act 1999. (c.14), London: HMSO.

Appendix B: GUIDANCE TO STAFF:

  • You should explain to children, young people and families at the outset openly and honestly, what and how information will, or could be shared and why, and seek their agreement. The exception to this is where to do so would put that child at risk of serious harm, or if it would undermine the prevention, detection or prosecution of a serious crime including where seeking consent might lead to interference with any potential investigation.
  • You must consider the safety and welfare of the child or young person when making decisions on whether to share information about them. Where there is concern that the child may be suffering or is at risk of suffering significant harm, the child’s safety and welfare must be the overriding consideration.
  • You should where possible respect the wishes of children, young people or families who do not consent to share confidential information. You may still share information if, in your judgment on the facts of the case, there is sufficient need to override that lack of consent.
  • You should seek advice where there is a doubt, especially where your doubt relates to a concern about possible or significant harm to a child or serious harm to others.
  • You should ensure that information you share is accurate and up-to-date, necessary for the purpose for which you are sharing it, shared only with those who need to see it, and shared securely
  • You should always record the reasons for your decision, whether it is to share information or not.

Appendix C

Fraser Guidelines or Gillick Competency; this guidance relates to the legal position held within the UK following tested cases which have set precident:

What must be considered?

  • Whether or not a child is capable of giving the necessary consent will depend on the child’s maturity and understanding and the nature of the consent required. The child must be capable of making a reasonable assessment of the advantages and disadvantages of the treatment proposed, so the consent, if given, can be properly and fairly described as true consent.
  • It is not enough that an individual should understand the nature of the advice which is being given: they must also have a sufficient maturity to understand what is involved.
  • Parental right yields to the child’s right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision.

    • Note: Since the Gillick case, legal, health and social work professionals continue to debate the issues of a child’s rights to consent or refuse treatment and how to balance children’s rights with the duty of child protection professionals to act in the best interests of the child. Further court rulings, new legislation and revised guidance continue to amend the legal position.