Policy & Procedures

CHILDREN AND VULNERABLE ADULTS - SAFEGUARDING POLICY

Principles

The Trust recognises its legal and moral duty to promote the well-being of children and vulnerable adults, and protect them from harm, and respond to abuse.

Definitions:

Child
A child is legally defined as anyone under the age of 18.

Vulnerable Adults
The definition of vulnerable adult is a person aged 18 or over and who:
is living in residential accommodation, such as a care home or a residential special school
is living in sheltered housing
is receiving domiciliary care in their own home
is receiving any form of healthcare
is detained in lawful custody (in a prison, remand centre, young offender institution, secure training centre or attendance centre, or under the powers of the Immigration and Asylum Act 1999)
is under the supervision of the probation services
is receiving a specified welfare service, namely the provision of support, assistance or advice by any person, the purpose of which is to develop an individual's capacity to live independently in accommodation or support their capacity to do so
is receiving a service or participating in an activity for people who have particular needs because of their age or who have any form of disability
is an expectant or nursing mother living in residential care
is receiving direct payments from a local authority or health and social care trust in lieu of social care services, or
requires assistance in the conduct of their own affairs.

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

We believe that every person regardless of age has at all times and in all situations a right to feel safe and protected from any situation or practice that results in a person being physically or psychologically damaged.

We agree that we have a primary responsibility for the care, welfare and safety of our apprentices and we will carry out this duty through our teaching and learning, extra curricular activities, pastoral care and any other activities. In order to achieve this, all members of staff (including Trustees, Assessors and mentors) in the Trust, in whatever capacity, will at all times act proactively in child and vulnerable adult welfare matters especially where there is a possibility that anyone may be at risk of significant harm.

The Trust seeks to adopt an open and accepting attitude towards young people as part of our responsibility for pastoral care. We hope that parents and trainees will feel free to talk about any concerns.

Trainee's worries and fears will be taken seriously if they seek help from a member of staff. However, staff cannot promise secrecy if concerns are such that referral must be made to the appropriate agencies in order to safeguard their welfare.

If we have suspicions that a person's physical, sexual or emotional well-being is being, or is likely to be, harmed, or that they are being neglected, we will take appropriate action in accordance with the procedures issued by any local safeguarding board.

As a consequence, we assert that members of staff (including Trustees, mentors and assessors) in the Trust are an integral part of the safeguarding process;
accept totally that safeguarding young people is an appropriate function for all members of staff, and wholly compatible with their primary pedagogic responsibilities.
recognise that safeguarding young people is a responsibility for all staff, including volunteers, mentors, assessors and Trustees;
will ensure through training and supervision that all staff are alert to the possibility that a young person is at risk of suffering harm, and know how to report concerns or suspicions;
will designate a senior member of staff to act as a source of expertise and advice, and be responsible for co-ordinating action and liaising with other agencies;
ensure (through the designated member of staff) that staff with designated responsibility for children or vulnerable adults will receive appropriate training
will share our concerns with others who need to know, and assist in any referral process;
will ensure that all members of staff who have suspicion that a trainee may be suffering, or may be at risk of suffering significant harm, refer such concerns to the Designated member of staff, who will refer on to relevant Authority.
safeguard the welfare of trainees, through positive measures to address bullying, especially where this is aggravated by sexual or racial factors, disability or special educational needs
will ensure through our recruitment and selection of volunteers and paid employees that all people who work for the Trust are suitable to work with children and vulnerable adults
will act swiftly and make appropriate referrals where an allegation is made that a member of staff has committed an offence against a child, harmed a child, or acted in a way that calls into question their suitability for working with children and vulnerable adults.

Designated member of staff
The designated senior member of staff (designated person) for child protection and protection of vulnerable adults is: Christina Hirst

In their absence, these matters will be dealt with by: Lizzie Cooke

The designated person is key to ensuring that proper procedures and policies are in place and are followed with regard to child safeguarding issues. They will also act as a dedicated resource available for other staff, volunteers and Trustees to draw upon.
The Trust recognises that the designated person must have the status and authority within the Trust management structure to carry out the duties of the post – they must therefore be a senior member of staff.
All members of staff (including volunteers) must be made aware of who this person is and what their role is.
The designated person will act as a source of advice and coordinate action within the Trust over child protection cases
The designated person will need to liaise with other agencies and build good working relationships with colleagues from these agencies.
They should possess skills in recognising and dealing with child welfare concerns.
Appropriate training and support should be given.
The designated person is the first person to whom members of staff report concerns.
The designated person is responsible for referring cases of suspected abuse or allegations to the relevant investigating agencies
The designated person is not responsible for dealing with allegations made against members of staff.

To be effective they will:
Act as a source of advice, support and expertise and be responsible for coordinating action regarding referrals by liaising with Children's Services and other relevant agencies over suspicions that a child or vulnerable adult may be suffering harm.
Cascade safeguarding advice and guidance
Ensure each member of staff and volunteers and regular visitors are aware of and can access readily, this policy.
Ensure that this policy is updated and reviewed annually
Be able to keep detailed accurate secure written records of referrals/concerns, and ensure that these are held in a secure place.
Ensure parents are aware of the child and vulnerable adult's protection policy in order to alert them to the fact that the Trust may need to make referrals. Raising parents' awareness may avoid later conflict if the Trust does have to take appropriate action to safeguard a child or vulnerable adult.

The designated person also has an important role in ensuring all staff and volunteers receive appropriate training. They should:
Attend training in how to identify abuse and know when it is appropriate to refer a case
Attend any relevant or refresher training courses and then ensure that any new or key messages are passed to other staff, volunteers and trustees.
Make themselves (and any deputies) known to all staff, volunteers and trustees (including new starters) and ensure those members of staff have had training in child protection and the protection of vulnerable adults. This should be relevant to their needs to enable them to identify and report any concerns to the designated teacher immediately.

Trustees
Child protection and the protection of vulnerable adults is important. Where appropriate, the Trustees will ensure that sufficient resources are made available to enable the necessary tasks to be carried out properly under inter-agency procedures.
The Trustees will ensure that the designated member of staff for child protection and the protection of vulnerable adults is given sufficient time to carry out his or her duties, including accessing training.

The Trustees will review safeguarding practices in the Trust on a regular basis, and no less than annually, to ensure that:
The Trust is carrying out its duties to safeguard the welfare of children and vulnerable adults
Members of staff and volunteers are aware of current practices in this matter, and that staff receive training where appropriate;
Child protection and the protection of vulnerable adults is integrated with induction procedures for all new members of staff and volunteers
Only persons suitable to work with children and vulnerable adults shall be employed at the Trust, or work here in a voluntary capacity
Where safeguarding concerns about a member of staff are substantiated, take appropriate disciplinary action

Recruitment
In order to ensure that trainees are protected, we will ensure that our staff and volunteers are carefully selected, screened, trained and supervised.
Before appointing someone, we will follow up each reference with a telephone call or personal contact during which we will discuss the applicant's suitability to work with children or vulnerable adults
Check that all adults with substantial access to children or vulnerable adults have an enhanced Criminal Records Bureau check before starting work, and prior to confirmation of appointment.
In addition, we will ensure that the following checks are satisfactorily completed before a person takes up a position in the Trust:
Identity checks to establish that applicants are who they claim to be
Academic qualifications, to ensure that qualifications are genuine
Professional and character references prior to offering employment
Satisfy conditions as to health and physical capacity
Previous employment history will be examined and any gaps accounted for.

Volunteers
We understand that some people otherwise unsuitable for working with children or vulnerable adults may use volunteering to gain access to children and vulnerable adults; for this reason, any volunteers (usually mentors) will be given the same consideration as paid staff.
Where a volunteer helps on a one-off basis, he/she will only work under the direct supervision of a member of staff, and at no time have one to one contact with children or vulnerable young adults. However, if a parent or other volunteer is to be involved regularly or over a longer period then they will be checked to ensure their suitability to work with children and vulnerable young adults.

Induction & Training
All new members of staff will receive induction training, which will give an overview of the organisation and ensure they know its purpose, values, services and structure, as well as identifying and reporting abuse, and confidentiality issues.
All new staff (including volunteers) will receive a copy of this policy within one week of starting their work.
All staff will be expected to attend training on safeguarding children and vulnerable young adults that will enable them to fulfil their responsibilities in respect of child protection and the protection of vulnerable young adults effectively. The Trust will provide this training.
Staff will attend refresher training every three years, and the designated person every two years.

Dealing with concerns
Members of staff and volunteers are not required to investigate suspicions; if somebody believes that a young person may be suffering, or may be at risk of suffering significant harm, they must always refer such concerns to the designated person, who will refer the matter to the relevant services.
To this end, volunteers and staff will follow the procedures below;
Upon the receipt of any information from a child or vulnerable adult, or if any person has suspicions that a child or vulnerable adult may be at risk of harm, or
If anyone observes injuries that appear to be non-accidental, or
where a child or young person makes a direct allegation or implies that they have been abused, or
makes an allegation against a member of staff
they must record what they have seen, heard or know accurately at the time the event occurs, and share their concerns with the designated person (or head teacher if an allegation about a member of staff) and agree action to take.
We will ensure that all members of staff and employees are familiar with the procedures for keeping a confidential written record of any incidents.
Where any member of staff fails to report their concerns, this may be dealt with as a disciplinary matter.

Photography
We understand that parents like to take photos of or video record their children at awards ceremonies and similar events and we will not discourage parents from celebrating their child's successes.
However, if there are Health and Safety issues associated with this - i.e. the use of a flash when taking photos could distract or dazzle the child, and cause them to have an accident, we will encourage parents to use film or settings on their camera that do not require flash.
We will not allow others to photograph or film children during an activity without the parent's permission.
We will not allow images of children to be used on websites, publicity, or press releases, without express permission from the parent, and if we do obtain such permission, we will not identify individual children by name.
The Trust cannot however be held accountable for photographs or video footage taken by parents or members of the public at Trust functions.

Confidentiality
The Trust, and all members of staff, will ensure that all data about trainees is handled in accordance with the requirements of the law, and any national and local guidance.
Any member of staff who has access to sensitive information about a child, vulnerable adult or their family must take all reasonable steps to ensure that such information is only disclosed to those people who need to know.
Regardless of the duty of confidentiality, if any member of staff has reason to believe that a child or vulnerable adult may be suffering harm, or be at risk of harm, their duty is to forward this information without delay to the designated member of staff for child protection and the protection of vulnerable adults.

Conduct of staff
We have a duty to ensure that professional behaviour applies to relationships between staff and children/vulnerable adults, and that all members of staff are clear about what constitutes appropriate behaviour and professional boundaries.
At all times, members of staff are required to work in a professional way with children. All staff should be aware of the dangers inherent in:
working alone with a child or vulnerable adult
physical interventions
cultural and gender stereotyping
dealing with sensitive information
giving to and receiving gifts from children/vulnerable adults and parents
contacting children/vulnerable adults through private telephones (including texting), e-mail, MSN, or social networking websites.
disclosing personal details inappropriately
If any member of staff has reasonable suspicion that a child/vulnerable adult is suffering harm, and fails to act in accordance with this policy, we will view this as misconduct, and take appropriate action

Physical contact and restraint
Members of staff may have to make physical interventions with children/vulnerable adults. Members of staff should only do this where:
It is necessary to protect the child/vulnerable adult, or another person, from immediate danger, or
Where the member of staff has received suitable training

Allegations against members of staff
If anyone makes an allegation that any member of staff (including any volunteer or Trustee) may have:
Committed an offence against a child/vulnerable adult
Placed a child/vulnerable adult at risk of significant harm
Behaved in a way that calls into question their suitability to work with children/vulnerable adults
the allegation will be dealt with in accordance with national guidance and agreements. The allegation will initially be dealt with by the designated member of staff.
The designated person will gather information about the allegation, and report these without delay to the Local Authority.

Other activities
We will ensure that other bodies have appropriate safeguarding and child protection policies and procedures, and that there are arrangements in place to link with the Trust on such matters. Such considerations will be made explicit in any contract or service level agreement with the bodies.

Contracted services
Where the Trustees contracts its services to outside providers, we will ensure that these providers have appropriate safeguarding and child protection policies and procedures, and that there are arrangements in place to link with the Trust on such matters. Such considerations will be made explicit in any contract or service level agreement with the provider.

ACCIDENT AND INCIDENT POLICY

This policy outlines the procedures that are to be adopted when any employee, apprentice or contractor experiences an accident, near-miss or dangerous occurrence.
It is the Trust's policy to identify and investigate unplanned losses (accidents), their source and hence their underlying causes.
All accidents, irrespective of the resulting injury or damage, must be reported according to the procedures.
In order to avoid misunderstanding, the Trust considers an accident and near-miss to be defined as follows:
Accident:- \"any unplanned event that results in personnel injury or damage to property, plant or equipment
Near-miss:- \"an unplanned event which does not cause injury or damage, but could have done so. \" Examples include: items falling near to personnel, incidents involving vehicles and electrical short-circuits.

Accident Books
All accidents must be recorded in the Trust\'s accident book if the accident occurs at a Trust event or in premises rented or owned by the Trust. Apprentice employers must also advise the Trust of any accident relating to a Trust apprentice in their workplace
The accident book will be reviewed regularly by senior management to determine the nature of incidents which have occurred in the workplace. This review will be in addition to an individual investigation of the circumstances surrounding each incident.
All near-misses must be reported to the Chief Executive, as soon as possible so that action can be taken to investigate the causes and to prevent recurrence.

Reporting Procedure:- Employees
All accidents must be entered in the appropriate Accident Book either by the injured person or, if this is not practical, someone else present at the time.
An accident Report should also be given by the same person to the Chief Executive.
The Chief Executive must then:-
Note that the accident has occurred
Ensure that the Accident Book has been correctly and fully completed
The Chief Executive will then:-
Ensure that, where applicable, the requirements of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations are met.
Record the findings of the subsequent investigation.
Review procedures
Ensure, so far as reasonably practical, that proper action is taken to help prevent the accident being repeated.

The above is simply the administrative procedure. Clearly it is essential for all concerned to give priority to the safety and welfare of any injured person and anyone else involved.

Reporting Procedure – Apprentices

All accidents must be entered in the appropriate Accident Book either by the apprentice or, if this is not practical, someone else present at the time.
An accident Report should also be given by the same person to the Chief Executive.
The Chief Executive must then:-
Note that the accident has occurred.
Ensure that the Accident Book has been correctly and fully completed.
The Chief Executive will then:-
Ensure that, where applicable, the requirements of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations are met.
Record the findings of the subsequent investigation.
Review procedures
Ensure, so far as reasonably practical, that proper action is taken to help prevent the accident being repeated.

Under the Trust's conditions of funding the Trust must report injuries and diseases to apprentices that fall within the scope of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995 and fatal road traffic accidents.
In the case of fatal accidents and 'major injuries' (as defined in RIDDOR) – the Trust must send a completed learner incident record form within 10 days of becoming aware of the incident.
For all other RIDDOR events e.g. injuries resulting in more than 3 days absence or post-19 college learners taken to hospital as a result of an accident the Trust must send a completed learner incident record form within 10 days.
Where the Trust is in direct control of the apprentice and activity, they are responsible for carrying out the investigation.
If the incident takes place at work the employer has the primary responsibility and the Trust will work in partnership with them to obtain the relevant information required by the Agency.
The Trust will complete the Learner Incident Record form electronically and send it to Rathbone/the Skills Funding Agency.

Reporting Procedure - Visitors / Contractors
Any non-employee who experiences an accident or near-miss incident whilst working for the Trust or in premises rented or owned by the Trust must report the incident immediately to the Chief Executive.
All injuries must be reported in the accident book, however minor. Visitors and contractors who are unable to enter their account into the book must arrange for another person to make an entry on their behalf. Visitors and contractors should also notify their own employer where applicable.
The Trust takes the responsibility for notifying reportable accidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations.

Reporting Procedure - Damage / Theft
All accidents / incidents which result in the loss or damage of plant, equipment or vehicles but not necessarily personal injury must be recorded and passed to the Chief Executive without delay.
Where this incident results in any injury to a third party the Chief Executive will report the incident by telephone to the Health and Safety Executive if necessary.

Safe System of Work
All incidents and near-miss incidents must be reported, however minor. To achieve this the following procedure should be adopted.
1. Ensure the appropriate report is completed and forwarded to the Chief Executive.
2. Obtain treatment for any injury from a first-aider or the local hospital.
3. Ensure that the area is made safe and poses no risk to other personnel (except where the accident results in a major injury, in which case the scene should be fenced off and left undisturbed until advised otherwise by the enforcing authority).
4. Enter details in the accident book.
5. Inform the injured person\'s manager (or a responsible person) of the incident.
6. Keep the company informed of any after-effects, including periods of incapacity for work.

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