Support & Protection of
Children, Young People &
Adults at Risk
Policy, Procedures &
Guidelines
Contents
Page
1
Aim of the Policy
3
2
Objectives
3
3
Context for the Lews Castle Col ege Children, Young People and
4
4
Responsibility for Implementation
5
5
To Whom This Policy is Addressed
6
6
Related Policies and Guidelines
6
7
Definition of a Child
7
8
Definition of an Adult at Risk
7
9
Definition of Child Abuse
7
10
Definition of Harm to Adults at Risk
9
11
Signs of Potential Abuse
9
12
Protection Procedures
10
13
School Pupils
12
14
Confidentiality
12
15
Staff Recruitment, Support & Training
13
16
Teaching Practices and Procedures
13
17
Use of Photographic/Filming Equipment
14
18
Student Awareness of Rights to Protection & Development
14
19
Policy Evaluation & Review
14
20
Complaints
15
Appendix 1 Protection Report
16
Appendix 2 Categories of Child Abuse
20
Appendix 3 Categories of Adult Abuse
21
Appendix 4 Signs of Potential Abuse
22
Appendix 5 Signs of Potential Abuse
24
Appendix 6 Good Practice Guidelines
25
Allegations Against Members of Staff
28
Fol owing a Decision of No Further Action
28
Allegations that Require Further Investigation
29
Suspension
29
Fol owing Police Investigation
30
Disqualified from Working with Children List (DWCL)
30
Storage of Information
32
Policy Number
Revision Number
Date of Issue
September 2017
Status
Ongoing
Date of Approval
Responsibility for Policy
S Maclennan/ M Maclean
Responsibility for Implementation
Al staff
Responsibility for Review
M Maclean/ S Clark
Date for Review
Au 2
g u st 2018
1.
Aim of the Policy
1.1
The college aims to ensure the support and protection of all children, young people
and adults at risk who are involved in any way with the College, and to give staff a
clear structure within which to work safely.
1.2
The college recognises the statutory responsibility of the Education and Children
Services, Western Isles Council to ensure the welfare of children and is committed to
working with the local area Child Protection Committee to operate in accordance with
their procedures/guidelines as appropriate and also to share information where
appropriate.
2.
Objectives
2.1
To ensure that the college provides an environment in which everyone, particularly
children, young people and adults at risk feel safe, secure, valued and respected.
2.2
To ensure that all college staff take responsibility in order to protect and safeguard
children, young people and adults at risk.
2.3
To make all college employees, including temporary staff aware that they have a role
in protecting students from harm and that they must give paramount concern to the
student’s welfare.
2.4
To raise the awareness of al staff of the need to recognise and be alert to the signs
that children, young people and adults at risk may need help or protection, and their
responsibility to report concerns swiftly and appropriately.
2.5
To provide a structured procedure within the College, which will be followed by all
members of the college community in situations where there are concerns that a child,
young person or adults at risk may be in need of help or protection.
2.6
To provide clear lines of communication so that students are aware that there is a
member of staff whom they can approach if they are worried or in difficulty and know
that they will be listened to ful y.
2.7
To ensure that all staff are aware of the links throughout the Outer Hebrides Child
Protection Committee Interagency Procedures and Guidelines and the Protecting
Vulnerable Adults in the Western Isles Policy (2007) upon which the Lews Castle
College Policy is based.
2.8
To promote effective working relationships with professionals and agencies with
statutory responsibilities for the protection of children, young people and vulnerable
adults.
3
3.
Context for the Lews Castle College Children, Young People and Adults at Risk
Protection Policy, Procedures and Guidelines
3.1
This policy, procedure and guidelines has been drawn up in accordance with current
legislation and principles derived from:
UN Convention on the Rights of the Child, ratified by the UK Government in 1991;
Children (Scotland) Act 1995;
Data Protection Act 1998;
The Sexual Offences (Amendment) Act 2000 – Abuse of Trust;
Protecting Children A Shared Responsibility (Scottish Office1998);
“It’s Everyone’s Job to Make Sure I’m alright”: Report of the Child Protection Audit
and Review’ (Scottish Executive 2002);
The Protection of Children (Scotland) Act 2003;
Protecting Children and Young People: Framework for Standards (Scottish
Executive 2004);
Protecting Children and Young People: The Charter (Scottish Executive 2004);
Adults with Incapacity (Scotland) Act 2000;
Protection of Children (Scotland) Act 2003;
Mental Health (Care & Treatment) (Scotland) Act 2003;
Adult Support and Protection Act (2007);
Protecting Vulnerable Adults in the Western Isles Policy (2007);
Scottish Government Early Years Framework (2008);
Scottish Government Early Years Framework 2 (2009);
Road to Recovery: A New Approach to Tackling Scotland’s Drug Problem (2008);
Changing Scotland’s Relationship with Alcohol (2009);
The Sexual Offences (Scotland) Act (2009);
The Equality Act 2010;
The Criminal Justice and Licensing (Scotland) Act 2010;
National Guidance for Child Protection in Scotland (2010);
Scottish Government (2010) National Guidance on Under Age Sexual Activity:
Meeting the Needs of Children and Young People and Identifying Child Protection
Concerns;
HMIe Aspect Report of Safeguarding Arrangements and Practice in Scotland’s
Colleges (2010);
The Children’s Hearings (Scotland) Act 2011;
The Domestic Abuse (Scotland) Act 2011;
The Forced Marriage (Protection and Jurisdiction) (Scotland) Act 2011;
Police and Fire Reform (Scotland) Act 2012;
The Children and Young People (Scotland) Act 2014;
The Human Trafficking and Exploitation (Scotland) Act 2015;
The Serious Crime Act 2015;
Outer Hebrides Child Protection Inter Agency Procedures (2015).
3.2
The law states that children, young people and adults at risk have the right to be safe,
secure and protected from all forms of abuse, neglect and exploitation. Lews Castle
College has an enhanced ‘duty of care’ towards these groups of students.
4
3.3
The College’s responsibilities in terms of the protection of children, young people and
adults at risk covers:-
Prevention;
Reporting;
Inter-agency working;
Support;
Training.
4.
Responsibility for Implementation
4.1
The Lews Castle College Senior Management team is collectively responsible for
implementation of this policy with the co-operation of all other members of staff.
4.2
Overall managerial responsibility lies with the Principal of Lews Castle College.
4.3
The College will appoint a Protection Coordinator reporting to the Assistant Principal
with designated responsibility for the policy.
4.4
The role of the Protection Coordinator wil be to:-
Make sure college procedures are followed by staff;
Take responsibility for making referrals regarding protection concerns to the
statutory agencies;
Manage information related to protection and keep records of referrals and action
taken;
Advise the Assistant Principal about any on-going situations regarding
safeguarding;
Act as a resource for staff and provide appropriate support to staff;
Liaise with the Senior Management Team and advise regarding developments and
College responsibilities;
Provide guidance in relation to risk assessments;
Provide guidance regarding staff development needs;
Amend the Policy, updating and reviewing the Policy annually in co-operation with
the Senior Management Team;
Maintain up to date knowledge and training on safeguarding issues through
attendance at and participation in relevant training courses, conferences and
seminars offered through multi-agency partners such as The Outer Hebrides Child
Protection Committee, Scotland’s Colleges and Child Exploitation – Online
Protection (CE-OP);
Participate in Multi Agency Public Protection Arrangements (MAPPA) both at
meetings and in collaborative working;
Work in conjunction with external professionals and agencies such as the Police,
Social Work, and Criminal Justice in relation to offenders and any study
opportunities that may be available at the college.
5
4.5
Lews Castle College will through a Protection Advisory Group review the policy on an
annual basis. The Lews Castle College Child Protection Advisory Group will consist
of:
Sheila Maclennan - Assistant Principal;
Morag Maclean - Protection Coordinator;
Sonja Clark - Protection Advisor.
5.
To Whom This Policy is Addressed
5.1
Al students accessing provision at Lews Castle College;
5.2
Parents and/or Carers/Guardians;
5.3
Members of the Lews Castle College Board of Management;
5.4
Al staff including volunteers and supply staff and any other contractors who may be
engaged by the College;
5.5
Al users of the college facilities;
5.6
Professionals within the multi-agency network;
5.7
Employers in the community who provide placements/progression routes for students;
5.8
School Pupils.
6.
Related Policies and Guidelines
6.1
Lews Castle College Equal Opportunities Policy;
6.2
Lews Castle College Risk Assessment Policy;
6.3
Lews Castle College Health & Safety Policy;
6.4
Lews Castle College Policy on Making a Protected Disclosure;
6.5
Lews Castle College Disciplinary and Disciplinary Dismissal Procedures.
6
7.
Definition of a Child
7.1
The Outer Hebrides Child Protection Committee Interagency Procedures and
Guidelines Child Protection Committee, Policy & Guidelines (2015) states that for child
protection purposes, a child is someone aged under 16 years. However, The
Protection of Children (Scotland) Act 2003 defines a child as a person under the age
of 18. Lews Castle College’s ‘duty of care’ means that the college must consider the
particular risks and vulnerabilities of those to whom it owes the duty. Therefore it is
prudent for the Lews Castle College policy to be applied in situations relating to all the
col ege’s students under 18.
8.
Definition of an Adult at Risk
8.1
The Adult Support and Protection (Scotland) Act 2007 defines an adult at risk as a
person who meets these three conditions:
They are unable to safeguard their own wellbeing, property, rights or other
interests;
They are at risk of harm; and;
Because they are affected by disability, mental disorder, il ness or physical or
mental infirmity, are more vulnerable to being harmed than adults who are not so
affected.
8.2
The Protecting Vulnerable Adults in Western Isles Policy (2014 ) recognises that all
adults could be considered potentially vulnerable from time to time but the policy
focuses on those who for reason of il health, disability, frailty or special circumstances
depend on others to provide and promote their wel -being and/or protection’. 2013
revised Code of Practice.
9.
Definition of Child Abuse
9.1
Abuse may be defined as treatment which causes or is likely to cause significant harm
to the development or well-being of the child (Western Isles Child Protection
Committee Interagency Procedures and Guidelines 2006).
General definition cited in National Guidance for Child Protection in Scotland (2010):
“Abuse and Neglect are forms of maltreatment of a child, somebody may abuse or
neglect a child by inflicting or by failing to act to prevent significant harm to the child”
9.2
Children can be harmed or threatened by a range of people; in over 90% of cases it
is by a person known to them.
7
9.3
Situations which are to be considered abusive or neglectful include:
Children who need protection from self-harming, through such as self-inflicted
injury or reckless behavior;
Bullying or harassment including where a student may be abusing another student;
Being exposed to inappropriate or offensive materials;
Being approached on-line by adults or adolescents with the aim of developing a
sexual relationship with them in the ‘real world’;
Domestic abuse which causes physical or emotional abuse of children;
Foetal abuse, for example, through maternal misuse of alcohol or drugs;
Racial abuse;
Children affected by parental drug misuse;
Forced marriage;
Female genital mutilation (circumcision);
Fabricating il ness in a child by a carer;
Organised abuse, for example, children involved in prostitution or ritual abuse, or
organised abuse within an organisation.
9.4
There are many forms of child abuse, which have been categorised as fol ows:
Physical Injury;
Sexual Abuse;
Emotional Abuse;
Physical Neglect;
Non – organic Failure to Thrive.
Descriptions of these forms of abuse are given in Appendix 2.
9.5
Emotional abuse is general y the most difficult to recognise. Behavioural problems
may be a sign of emotional abuse, the majority of children with such problems
(aggression, poor attention span etc.) do not appear to be obvious victims of abuse.
9.6
Some children/young people are particularly vulnerable to abuse, neglect or
exploitation for example children affected by disabilities or living away from home.
8
10. Definition of Harm Related to Adults at Risk
10.1 Abuse is a violation of an individual’s rights by any other person or persons.
10.2 Includes all harmful conduct in any setting and includes:
Physical harm;
Psychological harm (for example by causing fear, alarm or distress);
Unlawful conduct which appropriates or adversely affects property, rights or
interests (for example; theft, fraud; embezzlement or extortion);
Self-harm.
As well as situations where:
Another person’s conduct is causing (or is likely to cause) the adult to be harmed,
or;
The adult is engaging (or is likely to engage) in conduct which causes (or is likely
to cause) self-harm;
Includes neglect and other failures to act.
10.3
The following are the main forms of harm/abuse that have been identified:
Physical Abuse;
Sexual Abuse;
Psychological Abuse;
Financial or Material Abuse;
Neglect and acts of omission.
Descriptions of these forms of abuse are given in Appendix 3.
11. Signs of Potential Abuse
11.1 Concerns regarding the possibility that a child, young person or adult at risk of harm
may be in need of help or protection, may come to light in a variety of ways. See
Appendix 4 for a list of possible indicators. It is important to recognise that a
sign/indicator may have a cause unrelated to abuse but awareness of potential signs
of abuse will allow college staff to respond appropriately in carrying out their duty of
care.
11.2 The clearest indicator is a statement or comment by the child, young person or
vulnerable adult themselves or by a parent/carer/other person, disclosing or
suggesting abuse or neglect. Such allegations must always be reported to a College
Protection Coordinator/Advisor to allow the statutory agencies to investigate.
9
12. Protection Procedures
12.1 Lews Castle College procedures wil be in line with The National Guidance for Child
Protection in Scotland 2010, The Outer Hebrides Child Protection Committee
Interagency Procedures and Guidelines (2015) and the Protecting Vulnerable Adults
in the Western Isles Policy (2014).
12.2 Designated members of Lews Castle College staff, who are appropriately qualified
and experienced, will act as the Protection Coordinator/Advisors.
Supported by an Assistant Principal they will take the lead role in matters relating to
child, young persons or adult protection:
Sheila Maclennan - Assistant Principal;
Morag Maclean - Protection Coordinator;
Sonja Clark - Protection Advisor.
12.3 Every member of staff will be advised of the names of the Child Protection Coordinator
and Advisors, and their role.
12.4 Staff are advised of their responsibilities in being alert to the signs of a child, young
person or vulnerable adult being in need of help and/or protection.
12.5 Staff may become concerned that a child, young person or vulnerable adult may be
at risk of harm through a direct disclosure, an indirect disclosure or as a result of
observed concern. In all of these circumstances staff should report their concern to a
College Protection Coordinator/Advisor.
It is not the role/responsibility of the staff member to investigate the concern or take
action themselves.
12.6 There may be a time when a child, young person or Adult at Risk approaches a person
in col ege as a trusted adult to discuss their life inside or outside the institution. It is
vital that college staff react to this in a sensitive and appropriate manner as fol ows:
Stay calm;
Listen carefully to what they say;
Give time to the person to say what they want;
Do not investigate or press for more information than the child/young
person/vulnerable adult is able to give;
Do not ask leading questions but questions that clarify points of factual information
can be asked;
Reassure and explain to them that they have done the right thing to tell you;
Explain that in order to help you will need to speak to the Protection
Coordinator/Advisor;
10
Make a note of what the person has said as soon as possible after the event –
using the Protection Report Form in Appendix 1. Record in writing as near as
verbatim as possible, what was said as soon as possible. Make a clear distinction
between what is fact, opinion or hearsay;
Report immediately to the Protection Coordinator/Advisor.
12.7 The critical role of staff is to listen, observe, reassure, record and report
12.8 Staff should report concerns immediately to the Protection Coordinator/Advisors
identified above who is then responsible for dealing with allegations or suspicions that
a child, young person or vulnerable adult may be in need of help/protection.
It may sometimes be difficult to accept that something disclosed to a member of staff
by a child, young person, adult at risk or anyone else should be passed on, but the
welfare of the individual is paramount and therefore staff have a duty to report
suspicions, an allegation or actual incidents to a Protection Coordinator/Advisor.
12.9 It is important for staff to remember that they are not trained to deal with situations of
abuse or to decide if abuse has occurred.
12.10 The member of staff who reports concerns is expected to complete a Protection
Report Record as found in Appendix 1.
12.11 When concerns are brought to the attention of the Protection Coordinator/Advisors
identified above, they will be concerned to make a proportionate and appropriate
response to the circumstances. If there is a level of concern which warrants onward
referral contact will be made with Comhairle nan Eilean Siar (CnES) Education and
Children Services Duty Social Worker (child) or the Duty Social Worker/Team Leader
in the CnES Social and Community Care Department (adult at risk).
12.12 If the individual has sustained an injury which requires immediate medical attention,
the Protection Coordinator/Advisor will inform the Duty Social Worker of the
arrangements to obtain assistance.
It is important to note that a referral only raises a concern about the possibility of
abuse: the agency receiving the referral has to go through a procedure laid down by
Western Isles Child Protection Committee Inter-agency Procedures and Guidelines
and the Protecting Vulnerable Adults in Western Isles Policy (2007).
By fol owing these guidelines the receiving agency will establish what action is
appropriate.
11
12.13 Where a referral has been made by the Protection Coordinator/Advisor from Lews
Castle College to CnES Education and Children Services or the Department of Social
and Community Services, this wil be recorded in writing to them (within 24 hours)
together with the name of the contact who took the referral.
12.14 Effective links wil be maintained with relevant agencies, and staff will co-operate as
required with their enquiries regarding protection matters including attendance at case
conferences.
12.15 A record of all concerns (whether or not it is passed through to CnES Education and
Children Services or the Department of Social and Community Services) will be made
by the Protection Coordinator/Advisor.
12.16 These records wil be kept completely confidential and secure and the information
only shared with those who need to know when it is in the best interests of the
individual, or necessary in order to maintain safe working practice. This decision will
be made by the designated Assistant Principal in consultation with the Protection
Coordinator.
12.17 Any suspicion or allegation of abuse committed by a member of the Lews Castle
College Staff must be notified immediately to the Principal.
12.18 The names of the Lews Castle College Protection Coordinator/Advisors will be clearly
advertised in the college, with a statement explaining the College’s role and
responsibilities in relation to Protection and how to access help.
12.19 Parents/carers will be advised of the responsibility placed on the College and staff for
protection by setting out its obligations on the College website and supporting
documentation available from the College.
13. School Pupils
13.1 If there is a suspicion of abuse related to a school pupil, the Child Protection
Coordinator/Advisor wil make immediate contact with the designated contact person
in the local authority school.
13.2 Al school pupils who are children at risk/subject to child protection concerns/looked
after, should be made known by the school to the College Principal, before enrolment,
in order that a risk assessment can be carried out and appropriate measures of
support put in place.
14. Confidentiality
14.1 In circumstances where an individual discloses abuse all staff should be open and
honest from the outset about why, what, how and with whom information wil , or could
be shared, and seek their agreement, unless it is unsafe or inappropriate to do so.
12
14.2 Information can be shared without consent if the safety or well-being of the individual
or others is at risk and is necessary in order to meet the College’s ‘duty of care’. This
will always be the case in regard to child protection as the welfare of the child is
paramount.
14.3 Al staff must be aware that they cannot promise to keep confidential information which
might compromise a child’s safety or wellbeing.
14.4 Al staff wil uphold confidentiality of information in relation to specific protection
matters, by only discussing concerns with the College Protection Coordinator/Advisor/
Assistant Principal
14.5 Al staff must be aware that they have a professional responsibility to share
information with statutory agencies in order to safeguard children/young
people/vulnerable adults.
15. Staff Recruitment, Support and Training
15.1 The identity and suitability of staff/volunteers to work with children, young people and
adults at risk will be addressed through checks related to employment history,
references, interview and an Advanced Disclosure Scotland Check.
15.2 Al staff will be advised of the existence of the Protection Policy at Induction which
includes information to raise awareness of protection issues.
15.3 Al staff wil be required to participate in regular staff development initiatives to raise
awareness of their responsibilities in terms of protecting children/young
persons/adults at risk
16. Teaching Practices and Procedures
16.1 Teaching practices and procedures need to take account of the need to exercise a
duty of care to protect the health, safety and well-being of children/young persons and
adults at risk.
16.2 Additionally risk assessments will be carried out in relation to:-
Where an allegation of harm has been made in relation to a student;
Where a Scheduled 1 Offender applies to enroll on a college course.
Heads of Department wil obtain advice from the Protection Coordinator, who will
access support and information from appropriate agencies as necessary.
16.3 Al staff should demonstrate exemplary behaviour in order to act as a role model and
to protect themselves from allegations of misconduct. Good Practice Guidelines can
be found in Appendix 5.
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17. Use of Photographic/Filming Equipment
17.1 Written consent to take and use images of children/young people/ adults at risk in
col ege promotional activities wil be obtained from the individuals concerned and
parents/carers, prior to the taking of photographs and/or video footage.
17.2 Children/young people/ adults at risk and parents/carers will be made aware of when,
where and how the images may be used in order that they may give informed consent.
This includes comprehensive information regarding use of images e.g. in print, multi-
media, broadcast; for what purpose e.g. promotion, publicity, evaluation, audit, review;
and where possible an indication of who the audience will be.
18. Student Awareness of Rights to Protection and Development
18.1 Al students will be made aware of this Policy and their entitlement to be safe and
protected from harm and abuse through the Lews Castle College Handbook, Website,
and Student Notice Board display materials.
18.2 Students will be informed of staff responsibilities; who to contact within the college to
speak to about their concerns; the support services within the college and how and
where to access information on support agencies.
18.3 The Lews Castle College Student’s Association will be kept informed of the policy and
developments and their advice sought as appropriate.
18.4 Where appropriate the college will provide learning experiences to develop the
student’s skills and confidence in personal relationships.
18.5 College staff will liaise and work together with other support services and agencies
involved in the safeguarding of children, young people and adults at risk of harm.
19. Complaints
19.1 Children, young people or adults at risk of harm who feel they have not been treated
fairly in relation to this policy should follow the Lews Castle College Complaints
Procedure.
19.2 Members of staff who feel they have not been treated fairly in relation to this policy
should fol ow the Colleges Grievance procedure.
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20. Policy Evaluation and Review
20.1 This Policy will be evaluated by the Lews Castle Col ege Protection Advisory Group
on an annual basis.
The Lews Castle College Protection Advisory Group wil consist of:
Sheila Maclennan - Assistant Principal;
Morag Maclean - Protection Coordinator;
Sonja Clark - Protection Advisor.
15
Appendix 1 Protection Report
Support and Protection of Children, Young People and Adults at Risk of Harm Policy,
Procedures and Guidelines
Guidance: This form should be completed as soon as possible after receipt of information that
raises concern regarding possible harm or abuse.
Confidentiality must be observed at all times and only shared on a need to know basis in the
best interests of the child/young person/adult at risk and their protection.
Details of Child/Young Person/Adult at Risk about whom there is concern
Name:
Course/Class:
Date of Birth:
Address:
Tel No:
Details of Person Making Report
Name:
Position:
Tel No:
Date of Incident/Concern:
Signature:
16
Details of alleged incident including description of any injuries and any concerning behaviour
of the child/young person/adult at risk as wel as date and time of recording of incident. (Please
use their own words where possible).
17
Contact Details of Witnesses if Applicable
Witness 1
Name:
Address:
Tel No:
Witness 2
Name:
Address:
Tel No:
18
What action if any was taken immediately after the incident to the present time?
Details of Action Taken by Protection Coordinator or Advisor
Referred To:
Date:
Signature:
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Appendix 2: Categories of Child Abuse
Sexual Abuse
Sexual abuse is any act that involves the child in any activity for the sexual gratification of another
person, whether or not it is claimed that the child either consented or assented. Sexual abuse
involves forcing or enticing a child to take part in sexual activities, whether or not the child is aware
of what is happening. The activities may involve physical contact, including penetrative or non-
penetrative acts. They may include non-contact activities, such as involving children in looking
at, or in the production of indecent images or in watching sexual activities, using sexual language
towards a child or encouraging children to behave in sexually inappropriate ways.
Neglect
Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely
to result in the serious impairment of the child’s health or development. It may involve a parent or
carer failing to provide adequate food, shelter and clothing, to protect a child from physical harm
or danger, or to ensure shelter and clothing, to protect a child from physical harm or danger, or to
ensure access to appropriate medical care or treatment. It may also include neglect of, or failure
to respond to, a child’s basic emotional needs. Neglect may also result in the child being
diagnosed as suffering from “non-organic failure to thrive”, where they have significantly failed to
reach normal weight and growth or development milestones and where physical and genetic
reasons have been medically eliminated. In its extreme form children can be at serious risk from
the effects of malnutrition lack of nurturing and stimulation. This can lead to serious long-term
effects such greater susceptibility to serious childhood illnesses and reduction in potential stature.
With young children in particular, the consequences may be life threatening within a relatively
short period of time.
Physical Abuse
Physical abuse is the causing of physical harm to a child or young person. Physical abuse may
involve hitting, shaking, throwing, poisoning, burning or scalding, drowning or suffocating.
Physical harm may also be caused when a parent or carer feigns the symptoms of, or deliberately
causes, il health to a child they are looking after. For further information, see the section on
Fabricated or induced il ness.
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Emotional Abuse
Emotional abuse is persistent emotional neglect or ill treatment that has severe and persistent
adverse effects on a child’s emotional development. It may involve conveying to a child that they
are worthless or unloved, inadequate or valued only insofar as they meet the needs of another
person. It may involve the imposition of age – or developmentally – inappropriate expectations
on a child. It may involve causing children to feel frightened or in danger, or exploiting or corrupting
children. Some level of emotional abuse is present in al types of ill treatment of a child; it can
also occur independently of other forms of abuse.
Appendix 3: Categories of Adult Abuse
Physical Abuse – including hitting, slapping, kicking, misuse of medication, restraint or use of
inappropriate sanctions.
Sexual Abuse – including rape or sexual assault, or sexual acts to which the vulnerable adult has
not consented, could not consent or was pressurised into consenting.
Psychological Abuse – including emotional abuse, threats of harm or abandonment, deprivation
of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse,
isolation or withdrawal from services or supportive networks. This also includes discrimination
actions (or omissions) and or remarks of a prejudicial nature focusing on a person’s age, gender,
disability, race, colour, religious or sexual orientation, or on their particular vulnerability.
Financial or Material Abuse – including theft, fraud, exploitation, pressure in connection with wills,
property or inheritance, financial transactions or the misuse of or misappropriation of property,
possessions or benefits.
Neglect and acts of omission – including ignoring medical or physical care needs, failure to provide
access to appropriate health, social care or educational services, the withholding of the
necessities of life, such as medication, adequate nutrition and heating.
21
Appendix 4 Signs of Potential Abuse
Children and Young People
There are a number of signs, which may indicate that a child/young person may be in need of help
or protection. However it is important to recognise that one cannot assume that a child/young
person has been abused on the basis of one or more indicators.
No list or signs or symptoms can be seen as exhaustive or indicative solely as child or vulnerable
adult concerns. Alternative medical, psychological or social explanations may well exist to
account for circumstances outlined below. The presence of one or more indicators is not
necessarily evidence that someone is actually being harmed or exploited.
The list below is not comprehensive, but il ustrates that a child in need of help or protection may
present in a variety of ways. In general, any adverse change in a child’s behavior or performance
should raise concern if there are no other adequate explanations.
Doubtful or inconsistent explanations of fractures, cuts, bruises, scalds, burns, lacerations,
swellings, or smal bite marks;
Symptoms of the consumption of potentially damaging substances; e.g. excess alcohol,
overdose of medicines, cleaning fluids;
Undue fear of adults or displaying apprehensive or withdrawn behavior;
Very aggressive behavior;
Running away from home;
Depression;
Eating Disorders;
Self harm;
Bruising in areas where a child/young person would not normally injure themselves;
Failure to thrive emotionally, developmentally, or physically. There may be loss of weight,
lethargy, and tiredness;
Unexplained absences;
Childhood pregnancy;
Unusual behaviour or suspicious behaviour of parents;
Possible indicators of neglect such as inadequate clothing, poor growth, hunger or poor
hygiene;
Possible indicators of emotional harm such as excessive dependence, attention seeking, self-
harming or being overly anxious to please;
Reluctance to return home at conclusion of the college day;
A student being isolated by other students or isolating themselves from fel ow students.
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Ways in Which Concerns Might be Identified
A child can show by their behaviour, or by an attempt to talk openly to a trusted person, that
they are in need of help and protection. Staff should be alert to such attempts to pass on
information;
Someone else discloses that a child has told him/her or that he/she strongly believes a child
has been or is being abused;
Something in the behaviour of a member of staff/fellow student/visitor to the college, or the
way the person relates to the child, alerts you or makes you feel uncomfortable in some way;
Observing one child abusing another (peer abuse).
It is not the responsibility of staff working in col ege to conclude that someone is being harmed or
to investigate concerns or allegations, but it is the responsibility of every member of staff to follow
through on any concerns they may have by sharing them with the Protection Coordinator.
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Appendix 5 Signs of Potential Abuse
Adults at Risk
Unexplained, unusual or suspicious injuries;
Demonstration or fear by the adult to another person/ also demonstration of fear of going to a
particular place;
Changes in mood or behavior on the part of the adult at risk;
Inappropriate attachments;
Signs of grooming;
The vulnerable person showing apathy, depression, withdrawal, hopelessness and suspicion;
A delay between injury and seeking medical care;
Signs of financial abuse;
Unusual or unexplained behavior of carers, including a delay in seeking advice, dubious or
inconsistent explanations;
Signs of misuse of medication;
Not administered or prescribed;
Medication in excess of the prescribed dose (which may result in drowsiness, slurring of
speech, lack of sleep, continuous pain;
Medication less than the prescribed dose (which may result in pain, lack of sleep etc);
Unexplained physical deterioration in the vulnerable adult ie loss of weight.
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Appendix 6 Good Practice Guidelines
a) Recognising and being alert to the signs that children/young people and adults at risk may
need help or protection and using your power to help. This means reporting any concerns
regarding an individual’s welfare to a designated Child Protection Advisor in Lews Castle
College.
b) Treating all children/young people and vulnerable adults equally, and with respect and
dignity.
c)
Ensuring that children/young people/vulnerable adults are protected from discrimination on
any grounds, including ability and challenging discriminatory comments or behaviour.
d) Challenging constructively inappropriate use of language and/or behaviour.
e) Designing activities to include all students and to promote positive attitudes towards
differences.
f)
Building balanced relationships based on mutual trust which empowers children/young
people/vulnerable adults to be involved in the decision making process.
g) Giving enthusiastic and constructive feedback rather than negative criticism.
h) Maintaining a safe and appropriate distance with children/young people/vulnerable adults.
Where physical contact is inescapable e.g. to demonstrate equipment staff should be aware
of the limits within which such contact should take place and the possibility of
misinterpretation of such contact.
i)
Never making gratuitous physical contact with a child/young person/vulnerable adult. There
may be occasions where an individual needs comfort (which may include physical comfort)
and staff should use their discretion to ensure that it is appropriate and not unnecessary or
unjustified contact.
j)
When it is necessary for staff to do things of a personal nature for children/young
people/vulnerable adults, to only carry out these tasks with the ful understanding and
consent of the individual. If a child/young person/vulnerable adult is dependent on you, talk
with him/her about what you are doing and give choices where possible. This is particularly
so if you are involved in any dressing or undressing of clothing, or where there is physical
contact, lifting or assisting an individual to carry out personal activities. Make sure you do not
do things of a personal nature for a child (or disabled adult) that they can do for themselves.
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k)
Bringing to the attention of your Line Manager any training needs you may have in relation
to the tasks you are expected to undertake.
l)
Never using physical force against a child/young person/vulnerable adult, unless it
constitutes reasonable restraint to protect him/her another person or yourself. If it is
necessary to restrain a participant because they are in immediate danger to themselves or
others, then the minimum amount of force should be used for the shortest amount of time.
Remain calm and get the support and attention of other staff. The incident should be
recorded in writing, with a witness statement (where possible), immediately afterwards.
m) Working as far as possible in an open environment e.g. avoiding private or unobserved
situations.
n) There may be occasions when a confidential interview is necessary and in such
circumstances, the interview should be conducted with an open door or visual access. Where
this is not possible, the member of staff should ensure that there is another adult nearby.
o) Keeping records of any false allegations a student makes against you or other staff. This
should include everything from: ‘You’re always picking on me’, to ‘you hit me’, or comments
such as ‘don’t touch me’. If possible get another member of staff to witness the allegation.
Inform your Head of Department and consult with a designated Child Protection Advisor.
p) If students of mixed genders are to be supervised on activities, giving consideration to the
need for them to be accompanied by a male and female member of staff.
q) Never keeping suspicions of inappropriate behaviour or abuse by a colleague, student, or
visitor to the college to yourself. Report your concerns to the College Principal in the first
instance who will consider what action, including consultation with a Child Protection Advisor,
is necessary.
r)
Discussing any concerns or problems regarding ‘safe working practice’ with children with the
designated Child Protection Advisor/ Assistant Principal.
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Additionally staff shall not:
s)
Spend time alone with a student away from others and outside the normal
classroom/tutorial/professional situation. This includes spending time alone with someone in
a virtual or on-line environment.
t)
Become friends with students within social networking environments unless the interaction
is on the basis of College business.
u) Develop friendships with students out-with Col ege organised activities.
v)
Take a student to their home unless this has been arranged as part of a College activity. If it
should arise that a situation demands that a student is taken to a staff member's home, it
should only take place with the full knowledge and consent of the relevant line manager
and/or the student's parents/carer.
w) Travel alone with a student in a vehicle, however short the journey. Where circumstances
require the transportation of a student in a vehicle, another member of staff or a volunteer
should also travel in the vehicle. In an emergency situation, eg a medical emergency, where
it is essential that a staff member/volunteer transports a student on their own, it is vital that
the appropriate Curriculum Manager, or the Protection Coordinator or a member of the
College Senior Management Team and the parents/guardians are notified immediately.
Furthermore, staff shall never:
x)
Engage in rough physical or sexually provocative games, including horseplay with students.
y)
Al ow or engage in any form of inappropriate touching.
z)
Make sexually suggestive comments to, or within earshot of a student, even in fun.
aa) Al ow allegations made by a student to go unchallenged, unrecorded or not acted upon.
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Allegations Against Members of Staff
Initial Consideration
1.1 Where an allegation of possible abuse is made against a member of staff, the Line Manager
must be informed immediately.
1.2 The Line Manager must firstly refer to the guidance set out in the Western Isles Interagency
Child Protection Guidelines. The Line Manager should immediately report all complaints to
the Principal.
1.3 The Head of Department can seek clarification as to what the allegation is, who was involved,
when did it happen and where did the alleged incident occur. An investigation must not be
initiated until further guidance is sought.
Following a Decision of No Further Action
2.1 If the Line Manager is satisfied that the allegation is without foundation and could not have
possibly occurred, s/he should:
Take no further action under the Child Protection Guidelines or Adults at risk Policy in
relation to the member of staff;
Inform the member of staff of the detail of the al egation and the fact that no further action
is to be taken under disciplinary or child protection procedures;
Inform the parents/carers of the young person or vulnerable adult of the al egation and
the outcome;
Be aware that the young person or vulnerable adult might have been abused by
someone else;
Consider appropriate counselling and support for the young person or vulnerable adult;
Consider how the allegation could affect the relationship between the employee and the
child and ensure that the employee is provided with guidance on how to relate to the
child in the future.
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Allegations that Require Further Investigation
2.1 If the College Principal and Line Manger establish that the incident could have occurred a
decision should be made that the incident should be investigated under the Western Isles
Child Protection Interagency Procedures Guidelines, Adults at Risk Policy or under the
College Disciplinary Procedure.
2.2 Where it is decided that the Child Protection Guidelines or Adults at risk Guidelines should
be fol owed the welfare of the employment must be considered. A suitable support package
should be put in place and contact should be maintained with the employee through the
provision of regular updates by the College Principal. It is often the case that child protection
investigations, involving a number of different agencies, can be lengthy and continued
support must be provided for the employee throughout this time. Such support mechanisms
could include professional counselling.
2.3 If the investigation concludes that no further action should be taken under the Child
Protection or Adults at risk Guidelines then the employee must be informed immediately,
particularly if the allegations are found to be malicious.
2.4 Where it is decided that the disciplinary procedure should be followed the College Principal
should invoke the appropriate LCC Disciplinary Procedure.
2.5 It is recognised that external investigations can be prolonged and although the College does
not have any direct authority to speed these up there should always be a wil to conclude
investigations as quickly as possible.
Suspension
3.1 When an al egation of abuse is made suspension of the member of staff should not be
automatic. Al the available evidence must be considered and a risk assessment made by
the College Principal and relevant professionals, e.g. Social Work. The risk assessment
should consider the following points:
The nature and seriousness of the allegations that have been made;
The nature of the work undertaken by the member of staff;
The extent of any access to children. Young persons and adults at risk;
The extent of supervision available to the employee;
Risks to other employees.
3.2 The risks must be assessed on the facts available and not on hearsay or rumours.
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3.3 If the risks are seen as such that suspension is necessary this should not be viewed as a
form of punishment. Any such action should be accompanied with appropriate support and
reviewed throughout the investigation.
3.4 If the circumstances change it is open to the College Principal to reconsider the risk
assessment along with other relevant professionals.
Following Police Investigation
4.1 Where after the police investigation the Principal is advised that no further action is to be
taken, or where a prosecution does not result in conviction, the Line Manager and College
Principal must decide if the employee presents a risk to a young person or vulnerable adult.
At this point it is open to the College to invoke the disciplinary procedures against the
employee.
4.2 Where it is decided that the allegation has not been substantiated and there is no reason to
pursue the disciplinary procedure the Line Manager and College Principal must consider: -
The return to work of the member of staff if he/she had been redeployed or suspended;
Arrangements for support and advice for the employee and re-integration into the
working environment if he/she had been removed.
4.3 Where the investigation results in the employee being convicted of an offence the Line
Manager and College Principal wil be required to undertake a risk assessment to consider
the fol owing options (see section 6 for details of how the risk assessment should be
conducted):
To allow the employee to continue in their contracted post;
To allow the employee to continue in employment with the College but in a different post;
To proceed with internal disciplinary procedures.
4.4 Such decisions must be taken within 5 working days.
Disqualified from Working with Children List (DWCL)
5.1 The Protection of Children (Scotland) Act 2003 places an obligation on employers to refer
individuals to Scottish Ministers for consideration for inclusion on the DWCL. An organisation
will be guilty of an offence if it does not make referrals to the DWCL in the circumstances set
out in the Act.
5.2 An organisation has a duty to refer an individual who is or has been working in a child care
position if the individual has (whether or not in the course of their work):
Harmed a child or placed a child at risk of harm and has been dismissed as a
consequence;
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Harmed a child or placed a child at risk of harm and the organisation would have
dismissed or considered dismissing the individual as a consequence, but for the fact that
the individual resigned, retired or was made redundant before the organisation could
take action to dismiss them;
Harmed a child or placed a child at risk of harm and as a consequence was transferred
to a position within the organisation which is not a child care position.
Harmed a child or placed a child at risk of harm and the organisation would have
dismissed or considered dismissing the individual as a consequence, but for the fact that
the individual was on a fixed term contract which was about to expire or had expired
before the organisation could consider dismissal proceedings.
5.3 It is important to note that a referral to the DWCL is additional to management taking all the
appropriate steps to notify the police, social work department or any other appropriate
professional bodies.
5.4 The Protection of Vulnerable Groups (Scotland) Act 2007 builds on these previous pieces of
legislation aimed at safeguarding children and adults at risk. The legislation enables a robust
vetting and barring scheme that will safeguard children and adults at risk by keeping people
who would harm them out of caring positions. It is an offence for an organisation to permit a
person who is barred from working or volunteering with vulnerable groups to undertake such
work.
Through a fair and consistent system, employees such as Lews Castle College can ensure that
people who have demonstrated through past behaviour that they pose an unacceptable risk do
not gain access to children or protected adults through the work place or through volunteering.
Lews Castle College will ensure that all members of its staff and those undertaking work activities
such as work experience placements are suitably vetted through Disclosure Scotland prior to
commencing employment and at regular intervals during the course of their employment. This
allows for safe recruitment decisions and continued protection for staff, students and service
users. The college wil deal sensitively but promptly with any person who becomes unsuitable in
the course of their employment. The college wil vet all staff to Enhanced Disclosure Level.
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Storage of Information
6.1 Any information collated about allegations that transpire to be unfounded should not be kept
on the employee’s personnel record. In such cases a report should be prepared by the Line
Manager detailing the nature of the complaint, the evidence collected and the outcome. This
report should be sent to the College Principal where it will be kept on a confidential file.
6.2 Documentation relating to allegations resulting in disciplinary action should be kept on the
employees file in accordance with the timescales set out in the disciplinary procedure.
6.3 Where an employee is convicted of an offence this should be noted on the employee’s
personnel file. Information recorded as part of the investigation wil be held by the Police or
Social Work Department in accordance with legislative requirements.
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