2.3 Agency Roles and Responsibilities

This chapter is a summary of Chapter 2 of Working Together to Safeguard Children 2010

AMENDMENTS

This chapter was updated in July 2010 to take account of the changes in Working Together to Safeguard Children 2010.

This chapter was reviewed and revised for the May 2011 edition of the manual

Shared Responsibilities
The Armed Services
Children and Family Court Advisory and Support Service (CAFCASS)
Care Quality Commission and Monitor
District and Borough Councils
Early Years Development and Child Care Partnerships (EYDCP)
Education Services
Faith Communities
Health Services
Immigration Services
Members of the Community
NSPCC
OFSTED
Prison Service and High Security Hospitals
Refugee Council
Sports Clubs
Surrey Fire and Rescue Service (SF&RS)
Surrey County Council Responsibilities
Surrey Police
Surrey Probation Service
Surrey Youth Service
Voluntary Agencies/Groups
Young Offender Institutions, Prisons/Secure Training Centres/Secure Facilities
Youth Offending Teams
Her Majesty's Court Service
Crown Prosecution Service

1. Shared Responsibilities

Section 11 of the Children Act 2004 and sections 157 and 175 of the Education Act 2002 place duties on organisations and individuals to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children.

The aims of this section are to:

Emphasise the common obligations of all agencies
Describe the specific contributions of each to safeguarding and promoting the welfare of children
Inform partner agencies of mutual expectations
Enhance multi-agency work

All specified agencies and relevant professionals should:

Have senior managers that are committed to children’s well-being and safety
Comply with the procedures in this manual
Ensure that any additional internal procedures or inter-agency protocol are consistent with these procedures
Ensure safe staff, carer and volunteer recruitment practices, including arranging for appropriate checks on new staff and volunteers
Formulate and maintain accurate records of decision making and actions
Ensure sensitivity to needs arising from race, culture, religion or linguistic background
Respect confidentiality of information about individuals
Share information between agencies to the extent that is required to assess and meet the needs of the child
Provide and monitor uptake and effectiveness of regular mandatory training for staff, carers and volunteers in relation to safeguarding and promoting the welfare of children

Those listed below, whose primary responsibility is to provide services to adults should always consider the safety and welfare of any dependent or vulnerable children (including unborn):

Psychiatrists
Obstetricians and midwives
Counsellors
Community mental health teams
Drug action and community alcohol teams
Police & probation officers
Housing advisory officers
Any other adult services providers

Infrastructure and governance to deliver safeguarding responsibilities

Paragraph 2.11 of Working Together to Safeguard Children 2010 provides the following:

To fulfil their commitment to safeguard and promote the welfare of children and young people all organisations that provide services for children, parents or families, or work with children should have in place:

Clear priorities for safeguarding and promoting the welfare of children explicitly stated in key policy documents and commissioning strategies;
A clear commitment by senior management to the importance of safeguarding and promoting children's welfare through both the commissioning and the provision of services;
A culture of listening to and engaging in dialogue with children - seeking their views in ways appropriate to their age and understanding, and taking account of those both in individual decisions and the establishment or development and improvement of services;
A clear line of accountability and governance within and across organisations for the commissioning and provision of services designed to safeguard and promote the welfare of children and young people;
Recruitment and human resources management procedures and commissioning processes, including contractual arrangements, that take account of the need to safeguard and promote the welfare of children and young people, including the arrangements for appropriate checks on new staff and volunteers and adoption of best practice in the recruitment of new staff and volunteers;
A clear understanding of how to work together to help keep children and young people safe online by being adequately equipped to understand, identify and mitigate the risks of new technology;
Procedures for dealing with allegations of abuse against members of staff and volunteers or, for commissioners, contractual arrangements with providers that ensure these procedures are in place;
Arrangements to ensure that all staff undertake appropriate training to equip them carry out their responsibilities effectively, and keep up to date by refresher training at regular intervals; and that all staff, including temporary staff and volunteers who work with children, are made aware of both the establishment's arrangements and their responsibilities for safeguarding and promoting the welfare of children;
Policies for safeguarding and promoting welfare of children (for example, pupils/students) including a child protection policy, effective complaints procedures and procedures that are in accordance with guidance from the Local Authority and locally agreed inter-agency procedures;
Arrangements to work effectively with other organisations to safeguard and promote the welfare of children, including arrangements for sharing information and;
Appropriate whistle blowing procedures and a culture that enables issues about safeguarding and promoting the welfare of children to be addressed.

2. The Armed Services

Looking after recruits or trainees who are under 18 comes under the Ministry of Defence’s comprehensive welfare arrangements and they come within the definition of a child for the purposes of these procedures. Responsibility for the welfare of Armed Services families is also vested in the employing service and specifically in the commanding officer.

The frequency of moves makes it imperative that Armed Services authorities are fully aware of any child in need including any child deemed at risk.

All three Services provide professional welfare support to augment that provided by the local authority. When service personnel (or civilians working with the Armed Services) are based overseas, the Service responsibility is widened to include safeguarding and promoting the welfare of children.

The Service authorities should co-operate with statutory agencies and support service families where there are concerns about a child’s needs for support and where abuse or neglect occurs or is suspected.

The information they hold on any family can help in the assessment and review of children’s needs.

Service authorities may also hold information on ex-Service families, which may help with current enquiries (see Armed Forces).

Within United Kingdom

Service authorities, through their internal instructions, are made aware that the primary responsibility for safeguarding and promoting the welfare of children is with the local authority and that assistance should be given to enable it to fulfil its statutory obligations.

Incidents of child abuse and neglect, indicating serious harm or injury, should be referred to the Children's Social Care Services in accordance with the Contacts and Referrals Procedure which in appropriate cases may result in a Child Protection Conference and a decision that the child should be subject to a Child Protection Plan.

Army

The provision of secondary welfare support to Army families in the UK is the responsibility of the Army Families Welfare Service (AWS).

Where a child from an Army family is subject of a Section 47 Enquiry, contact should be made immediately with the local AWS Personal Support.

Royal Air Force

The station’s personnel department, usually the Officer Commanding Personnel Management Squadron (OCPMS), generally manages welfare support in the RAF.

The department liaises and works closely with the Soldiers, Sailors, Air Force Association Forces Help (SSAFA -FH) social work assistant, and a professionally qualified social work adviser.

In the event of a Section 47 Enquiry, Children's Service liaison should be with the OCPMS and the SSAFA - FH social work adviser for the area.

Royal Navy / Royal Marines

All safeguarding children matters are handled by the Naval Personal and Family Service (NPFS, the Royal Navy’s own social work department.

In the event of a Section 47 Enquiry, Children's Service liaison should be with the NPFS, who are able to discuss and facilitate service action on behalf of families (see Naval Personal and Family Services).

Overseas

The Children's Social Care Services should ensure that SSAFA is made aware of any Service child with a Child Protection Plan whose family is about to move overseas.

SSAFA can confirm the existence of appropriate resources in the proposed overseas location to meet identified needs. Full documentation should be provided to SSAFA.

SSAFA - FH provides, at the request of the Ministry of Defence (MOD), a qualified social work and health visiting service to families of all Services overseas.

Procedures exist in all three Services for the implementation and monitoring of Child Protection Plans, and the usual rules of confidentiality are observed.

When it appears a child is in need of emergency protection a designated person may make an application for a Protection Order [ss.19-22 Armed Forces Act 1991] to a Commanding Officer. This Order may last up to a maximum of 28 days, subject to review every 7 days by a senior officer.

If a Child Protection Conference decides, whilst the Order is in force, that it is not in the child’s best interests to return to her/his parents, the child will be removed to the care of an appropriate local authority in the UK.

Assistance will be given to parents to return to the UK so they can be involved with all proceedings and decisions affecting their child.

The Protection Order, made in the overseas command, remains in effect for 24 hours following the arrival of the child in the UK. During this period the local authority must decide whether to apply to the UK court for an Emergency Protection Order (EPO).

When a Service family with a child in need of protection is about to return to the UK, SSAFA or the NPFS is responsible for informing the relevant local authority and for ensuring that full documentation is provided to assist in the management of the case.

3. Children and Family Court Advisory and Support Service (CAFCASS)

CAFCASS has the responsibility to advise the courts on the needs and interests of children who are the subject of family court proceedings, on issues such as applications for Residence Orders, Contact Orders, Adoption Orders and disputes about specific issues such as preventing a child being taken abroad.

Members of staff employed by CAFCASS undertake the roles of Children’s Guardian, Reporting Officer, Children and Family Reporter and Parental Order Reporter.

The functions of the service in respect of family proceedings, in which the welfare of children is or may be in question, are to:

Safeguard and promote the welfare of children
Give advice to any court about any application made to it in such proceedings
Make provision for the children to be represented in such proceedings
Provide information, advice and other support for the children and their families

CAFCASS staff should be informed of any Section 47 Enquiries in cases in which they have an involvement, and invited to Strategy Meetings, Child Protection Conferences and Statutory Childcare Reviews.

CAFCASS staff should also report any concerns without delay to the Children's Social Care Services or Police Public Protection Investigation Unit.

Pro-forma requests from CAFCASS seeking information in private law matters about a child or family known to Children's Social Work Services should be responded to promptly.

Where necessary, a summary report which highlights the extent of Children's Social Care Services’ involvement and any ongoing welfare concerns about a child and/or adults should be provided.

4. Care Quality Commission and Monitor

The Care Quality Commission (CQC) is the independent regulator of safety and quality for all health services. The Commission has a range of statutory independent enforcement actions to use where care does not meet the essential levels of safety and quality that users are entitled to expect.

NHS foundation trusts are regulated by Monitor, an independent regulator, which has authority to hold them to account for meeting their responsibilities under the Children Acts. This is unlike NHS trusts, which are overseen by Strategic Health Authorities. However, NHS foundation trusts are assessed by the CQC in the same way as other providers.

5. District and Borough Councils

Local Authorities provide a range of local services including Housing and Leisure.

Housing Services

Housing authorities/associations often hold significant information about families which contain a child at risk. In the case of mobile families they may have more information that most other agencies.

Housing authorities/associations have an obligation to share with the Children's Social Care Services information that is relevant to safeguarding and promoting the welfare of children.

Housing authorities/associations can help to safeguard and promote the welfare of children by:

Providing alternative accommodation to a parent and children if they have experienced domestic abuse
Ensuring that individuals who pose a risk to children are not offered tenancies in locations offering high levels of access to children
Ensuring that wherever possible homeless families are provided with temporary accommodation within their home borough
Sharing with relevant agencies the address of a family which is transferred outside of the borough
Ensuring that all homeless families with a child or children subject to a Section 47 Enquiry and/or subject to a Child Protection Plan are offered temporary accommodation within their home borough, unless alternative arrangements are consistent with the Child Protection Plan
Providing references to OFSTED about potential childminders

Housing staff should be alert to child welfare and child protection issues when dealing with reports of anti-social behaviour by young people that might reflect parental neglect or abuse.

Leisure Services

Children are intensive users of the leisure services, including parks, swimming pools, leisure centres and theatres. Leisure services also organise courses for young children e.g. cycling proficiency.

In addition to their shared responsibility to provide staff with safeguarding children training, leisure services must ensure that managers take responsibility for briefing casual and temporary members of staff of the need to be aware of safeguarding children issues. All staff and volunteers must know who to report to when they are worried that a child is being abused. It would be useful to identify a member of staff who can take a lead role for child protection.

Working practices should be adopted which minimise unobserved contact with children.

Leisure services must also ensure that any organisations contracting to use leisure premises have adequate child protection procedures.

6. Early Years Development and Child Care Partnerships (EYDCP)

Each local authority has responsibility for the provision of:

Information and advice about child minding and day care primarily through the Children’s Information Service
Training (which should include safeguarding and child protection training) for persons who provide or assist in providing child minding or day care

The above responsibilities are discharged in co-operation with the local EYDCP.

7. Education Services

Schools and Colleges

Through their daily contact with children, teachers and other staff in maintained, foundation, voluntary aided and independent schools, sixth form and further education colleges are well placed to observe signs of abuse, changes in behaviour or a failure to develop. Governing Bodies of all such establishments have a statutory responsibility to safeguard and promote the welfare of pupils under section 175 of the Education Act 2002, and proprietors of Independent Schools under section 157.

Schools should contribute to safeguarding and promoting children’s welfare through the:

Provision of a safe environment for children
Use of the curriculum to understand what is and is not acceptable behaviour, how to speak up regarding their concerns and how to become (as an adult) safe and effective parents
Recognition of Significant Harm and possible offences against children and when and how to make a referral to the Children's Social Care Services and the Police in accordance with the Contacts and Referrals Procedure.

All schools must have policies and procedures which reflect the roles of governors, staff and parents regarding:

Safeguarding and promoting children’s welfare, including child protection
The use of force to control or restrain pupils
Identification and response to bullying
Identification and response to racism

Designated Senior Members of Staff

All schools and colleges must have a designated senior person with responsibility for child protection, known in Surrey as the Child Protection Liaison Officer (CPLO), and should nominate a deputy designated member of staff (and more than one in secondary schools) to cover absences.

Both the designated senior member of staff and her/his deputy (where applicable) should attend basic child protection training, and training in inter-agency working that is approved by, or to standards agreed by, the SSCB, and refresher training at 2 yearly intervals.

The CPLO is responsible for:

Arranging training for their whole school staff every three years
Ensuring the school’s Child Protection Policy, and internal school procedures, are reviewed at least annually, and updated as necessary, following the Child Protection Education Procedures Surrey provides, keeping all governors and staff updated with current procedures, ensuring that new and temporary staff are familiar with child protection responsibilities, and know what to do if they are worried a child is being abused, as a part of their induction. (Staff, in this situation, includes all paid and unpaid teaching and non-teaching staff and regular volunteers)
Provision of child protection advice and support to staff
Referring any concerns as soon as they arise to the Children’s Social Care Services in accordance with the Contacts and Referrals Procedure
Monitoring attendance and development of children with Child Protection Plans and informing Children's Social Care Services and the relevant Health Trust of proposed or actual change of school, and the Lead Social Worker of any unexplained absence – see Missing Children and Families Procedure
Ensuring that all relevant information about a child is disseminated to appropriate staff within the school
Ensuring that child protection records are maintained, kept securely, and separately to the pupil file, and are sent on under separate cover to the receiving school, whether a child changes as a natural progression or for any other reason, or kept at the end of a child’s schooling until the child’s 25th birthday.

Governing Bodies of Maintained Schools, and Non-Maintained Special Schools

Are accountable for ensuring their establishment has effective policies and procedures in place in accordance with their statutory duty to safeguard and promote the welfare of children who are pupils, following guidance issued by the Secretary of State “Guidance for Safer Working Practice for Adults who Work with Children and Young People in Education Settings” March 2009. They should ensure that the school:

Has a Child Protection Policy and procedures in place in accordance with LA and SSCB guidance and makes these available to parents on request
Operates safe recruitment procedures for staff and volunteers including CRB checks
Has agreed procedures for dealing with allegations of abuse against staff and volunteers that comply with LA and SSCB guidance
Has a senior member of the school’s leadership team, and deputy/ies designated to take lead responsibility for child protection issues, and that these people undertake basic child protection training, and training in inter-agency working provided by, or to standards agreed by, the SSCB and refresher training at 2 yearly intervals
The Head Teacher and all other staff have appropriate training at 3 yearly intervals, and temporary staff and volunteers are made aware of arrangements for safeguarding and promoting the welfare of children and their responsibilities
The Governing Body remedies any deficiencies or weaknesses in regard to child protection arrangements that are brought to its attention without delay
A member of the Governing Body, usually the Chair, is nominated to deal with any allegations of abuse against the Head Teacher
The Governing Body reviews its policies and procedures annually and provides information to the LA about them and how the above duties have been discharged

Governing Bodies of Further Education Institutions

Have the same responsibilities as above – with the Principal being substituted for the Head Teacher. In addition, where an institution provides education and/or training for pupils under the age of 16 who are on the roll of secondary schools, the designated person liaises with the schools concerned and ensures that appropriate arrangements are in place to safeguard the children.

Proprietors of Independent Schools

Have the same responsibilities as above – with the proprietor being substituted for the Head Teacher.

Extended Schools and Before and After School Activities

Where the governing body provides services or activities directly under the supervision or management of school staff, the school’s arrangements for safeguarding children and child protection will apply. Where services or activities are provided separately by another body, the Governing Body should seek assurance that the body concerned has appropriate policies and procedures in place in regard to safeguarding children and child protection.

Bullying

The vast majority of cases will be effectively dealt with within the context of the establishment’s policy.

There will be circumstances in which a referral to Children's Social Care Services or the Police is required, such as when the bullying involves criminal behaviour or initial steps taken to combat it effectively have failed (see also Children who are Alleged to have Sexually Abused Others Procedure).

Racism

Educational curricula, teaching materials and methods must reflect the diversity of Surrey’s population and seek to promote an anti-discriminatory environment.

All schools and colleges must have a system in place to deal with racist incidents.

There will be occasions when the impact of racist incidents is so severe that it constitutes significant harm for the victim. In such instances a referral to the Children's Social Care Services or the Police must be made (see Contacts and Referrals Procedure).

8. Faith Communities

Faith communities have an important role to play in safeguarding and promoting children’s welfare, including ensuring that proper procedures are in place in relation to child protection which reflects children’s:

Attendance at religious services and ceremonies
Participation in study groups/lessons
Involvement in crèches
Attendance at youth clubs
Use, either alone or with parent/s, of available counselling, mentoring and confessional services
Involvement in groups using faith community property e.g. church halls

All faith communities can access support from the SSCB to develop and maintain their own safeguarding and child protection procedures, consistent with those in this manual.

Faith communities should ensure that all clergy, staff and volunteers who have regular contact with children:

Have been checked with the Criminal Records Bureau for suitability in working with children and understand the extent and limits of the volunteers role (see Recruitment, Supervision and Training of Staff Procedure)
Are sensitive to the possibility of child abuse and neglect
Have access to training opportunities to promote their knowledge
Know how to report any concerns they have about possible abuse or neglect
Are vigilant about their own actions so they cannot be misinterpreted

Faith communities may have both survivors and offenders within their communities. Faith communities should have procedures to manage known ex-offenders.

The Faith communities should:

Nominate an individual to take responsibility for drawing up and maintaining policy for safeguarding children and child protection
Have guidelines about the care of children in the absence of parents, which respect the rights of the child and the responsibilities of the adults towards them
Have guidelines about safe caring practices e.g. not being alone with children without alerting others to the reason, ensuring all allegations, however minor, are reported to the agency/group manager/leader
Ensure that any organisations who hire premises e.g. playgroups have child protection procedures in place
Promote and maintain links with the statutory agencies in relation to both general safeguarding and specific child protection matters

Whenever there is concern that a child has been abused or neglected the concern should be referred, without delay, to the Children's Social Care Services in which the child lives in accordance with the Contacts and Referrals Procedure. The team may also be contacted for consultation.

9. Health Services

All health service employees have a duty to safeguard and promote the welfare of children. These procedures apply to all staff within NHS Strategic Health Authority, Trust or Foundation arrangements, contracted services and private settings.

They contribute to child protection through:

Participation in the Surrey Safeguarding Children Board and its constituent sub-groups
Recognition of children in need of support and/or protection e.g. child health promotion (immunisations etc.), GP and hospital out-patient visits, in-patient services, school health services etc.
Paediatric services for children in need
Ensuring the implementation and audit of standard 5 of the NSF Framework and the 5 outcomes of Every Child Matters
Screening of children at A&E departments
Participation in Child Protection Conferences
Contribution to case reviews
Contribution to enquiries about the needs of an individual child, including attendance at Strategy Meetings
Assessment of a child’s health and development
Assessment of parenting capacity
Assessment of risks posed by adult patients, including those receiving treatment for substance misuse, those with mental health difficulties and/or learning difficulties
Assessment of suitability for treatment of perpetrators of abuse
Planning and participation in Child Protection Plans to support a child at risk of Significant Harm
Provision of therapeutic help to a child and/or parents

Health Service Staff

Health service staff include: (this list is not exhaustive)

Community based Paediatricians, nurses, health visitors and midwives and other community based therapy services
Hospital medical, nursing and midwifery staff and radiographers, all therapy based services
Paediatricians in all health settings
General Practitioners (GPs) and any attached practice nurses and ancillary staff
Dentists and dental nurses and hygienists
All mental health medical and nursing staff
All learning disability medical and nursing staff
NHS Direct and walk-in centre medical and nursing staff
Ambulance service
Pharmacists, optometrists, audiologists and other independent contractors
Family planning
CAMHS teams
Therapy Services e.g. therapists, and counsellors,
It also involves administrative staff such as receptionists in GP practices

All health services staff must be:

Alert to the possibility of child abuse and neglect
Able to recognise, and know how to act upon, indicators that a child’s welfare or safety may be at risk (see Recognition of Significant Harm Procedure).
Familiar with these and any additional local procedures
Able to access immediately contact details of the named or designated professionals from whom advice can be sought (see Surrey Health Contacts)
Trained in safeguarding and promoting the welfare of children and have regular updates as part of any post registration educational programme

Responsibility of Primary Care Trust (PCT)

The PCT chief executive is accountable for the Trust’s own child protection structures and processes as well as for those in agencies from whom it commissions services.

These responsibilities include:

Providing the strategic health lead in inter-agency planning within the PCT area
Ensuring that health services and health care workers contribute to inter-agency working
Ensuring that all trusts are linked into the SSCB and that there is appropriate representation
Working in partnership with practice-based commissioning to ensure safeguarding duties are fulfilled
Exercising a public health responsibility for the whole population
Coordinating the health component of Serious Case Reviews
Including clear standards in commissioning arrangements
Appointing Designated Professionals and Named Professionals

The Strategic Health Authority retains a monitoring and performance management role in relation to the child protection functions described above.

Designated and Named Professionals:

Working Together to Safeguard Children, 2010 requires each PCT to appoint a Designated Doctor and Nurse (usually a consultant paediatrician and a senior nurse) whose role is to provide the strategic lead in relation to all aspects of the health service contribution to safeguarding children.

All health service trusts, including PCT’s, are also required to appoint Named Professionals, a doctor and nurse and midwife (where appropriate) to take the professional lead on child protection matters within their respective trusts and service areas.

Designated Professionals

The responsibilities of Designated Professionals can be summarised as follows:

Providing the strategic health lead on all aspects of the health service contribution to safeguarding children within the PCT area
Supporting the Named Professionals in meeting child protection specifications
Providing professional advice on child protection matters to the multi-agency network
Representing all health service providers on the SSCB and ensuring that each trust has a specified link to the SSCB
Monitoring, evaluating and reviewing the health service contribution to the protection of children
Collaborating with the SSCB and the Named Professionals in each trust in reviewing the involvement of health services in serious incidents which meet the criteria for Serious Case Reviews.

Named Professionals

The responsibilities of Named Professionals can be summarised as follows:

Being a source of advice and expertise on child protection matters to all staff at the point of need
Promoting good practice and effective communication within and between trusts and all agencies on all matters relating to the safeguarding and protection of children
Ensuring that arrangements are in place for child protection supervision and training of all staff involved in providing services to children and families and vulnerable adults who are parents or carers and/or who may pose a risk to children
Ensuring that child protection is an integral part of the trust’s risk management strategy and that key staff are aware of the thresholds for triggering Section 47 Enquiries
Conducting the trust’s internal management reviews – see Serious Case Review Procedure
Developing, monitoring and reviewing health service specifications and standards for child protection practice
Ensuring there are effective systems of child protection audit to monitor the application of agreed child protection standards

Adult Mental Health and Learning Disability Services

All mental health and learning disability professionals have a duty to seek to discover whether any patient/client has responsibility for a child and to consider the impact her/his condition may have on that child and whether this requires a referral to the Children’s Social Care Services in accordance with the Contacts and Referrals Procedure.

All mental health staff, learning disability professionals and GPs must be aware of the possibility of child abuse in parent/carers with a learning disability, personality disorder, mental illness, problems with aggression or violent behaviour and substance misuse or through misuse of drugs or alcohol (see Guidance for Working with Substance Misusing Families).

The needs and protection of the child (including the unborn child) of these patients are a priority in the assessment of parents and should be undertaken in partnership with PCT staff and the Children's Social Care Services.

Adult psychiatrists and psychologists treat both victims of past abuse and perpetrators.

Care programme meetings about users of mental health services must include consideration of any needs or risk factors with respect to any children concerned including arrangements for contact and discharge. The relevant Children's Social Care Services social worker must be included in these meetings.

Guidance on children visiting psychiatric patients [HSC1999/222; LAC(99)32] including those detained under the Mental Health Act 1983 must be adhered to and any visit should demonstrably be in the best interest of the child – see Visits by Children to High Security Hospitals and Prisons Procedure.

South East Coast Ambulance Services NHS Trust

The South East Coast Ambulance Service NHS Trust provides relevant staff with detailed child protection procedures, guidance and training for when they may attend an incident and suspect that the injured or any other child at the location may have been abused or neglected. These procedures detail, that in addition to providing any necessary paramedical attention and transport to hospital, staff must:

Carefully record the patient’s overall physical condition, clothing and the environment in which s/he was found.
Compare the injury/observed condition with any explanation provided by the parent or carer.
Listen to the child and respond in a manner that instills confidence and avoid unnecessary probing.
Provide a confidential patient report to the senior nurse at the A&E Department.
As soon as possible the crew must complete a suspected child abuse report form and send it to the SAS Trust Clinical Audit Manager.
Pass on relevant information to the Emergency Dispatch Centre (EDC) who will inform the Silver Duty Officer, the relevant Children’s Social Care Services Team and if required, the Police.

If a parent refuses to allow the ambulance crew to convey the child to hospital, EDC must be informed. EDC will inform the police and relevant Children’s Social Care Services Team and will arrange for the SAS duty officer to attend the scene.

In all cases the EDC Supervisor must make a permanent record of all radio and telephone conversations relevant to the case.

All of the records of the case will be marked DO NOT DESTROY.

South East Coast Ambulance service staff should also be alert to domestic abuse as an indicator of risk of harm to children – see Domestic Abuse Procedure.

10. Immigration Services

Immigration officers who have contact with children on arrival in the country and staff at the Asylum Screening Unit (ASU) in Croydon to whom ‘post entry’ applications for asylum are made, must refer to the Children's Social Care Services under the Contacts and Referrals Procedure if they have concerns about the future safety of any child. In particular, all unaccompanied asylum seeking children must be referred to the Children’s Social Care Services.

11. Members of the Community

It is important that all members of the community understand that child protection is a concern for everyone and that effectiveness of professional agencies will depend on the awareness and support of the public.

If any member of the public is concerned that a child may be at risk of abuse or neglect they should either telephone:

The Contact Centre Children’s Team by telephoning 08456 009 009 (choose option 1)
Police
The NSPCC national child protection line (or where relevant the NSPCC Asian child protection help line which provides advice in Punjabi, Hindi, Urdu, Gujarati, Bengali and Sylheti)

See National Child Protection contact.

12. NSPCC

The National Society for the Prevention of Cruelty to Children (NSPCC) is a charity with a duty to protect children from abuse and neglect and has the statutory power to bring care proceedings in its own right.

The NSPCC operates a national 24 hour child protection line (see NSPCC), which accepts referrals and passes the information to the relevant Children’s Social Care Services.

Children's Social Care Services may commission the NSPCC to undertake specific child protection related work, including Section 47 Enquiries and, ‘special investigations’.

The NSPCC also provides services for children and families and has the same responsibilities in this respect as other voluntary agencies (see below).

13. OFSTED

In relation to Children's Social Care,Ofsted:

Registers residential homes for children (in the public, private and voluntary sector), voluntary adoption agencies and independent fostering agencies, all of which are required to meet the relevant National Minimum Standards.
Inspects, assesses and reviews all children's social care services in that area including Children's Social Care Services.
Inspects boarding schools, residential special schools and further education colleges with residential students under 18.
Deals with complaints about care service providers.

All educational establishments and LEAs are subject to inspection by Ofsted. Performance in the area of safeguarding and promoting the welfare of children will be judged not only by the existence of procedures but also their effectiveness in terms of safeguarding children from harm.

In respect of Early Years Services:

Registered child minders and group day care providers must satisfy explicit criteria in order to meet the national standard with respect to child protection (standard 13). Ensuring that they do so is the responsibility of the Early Years Directorate of OFSTED.

OFSTED requires that:

All child minders and group day care staff have knowledge of safeguarding and promoting the welfare of children, and in particular child protection, including the signs and symptoms of abuse and what to do if abuse or neglect is suspected
Those who are entrusted with the day care of children or who child mind have the personal capacity and skills to ensure children are looked after in a nurturing and safe manner

OFSTED will seek to ensure that day care providers:

Ensure the environment in which children are cared for is safe
Have child protection training policies and procedures in place, which are consistent with these procedures
Are able to demonstrate that their procedures have been followed when an allegation is made

OFSTED must contact Children’s Social Care Services about any child protection issues and, in consultation with Children’s Social Care Services, consider whether any action needs to be taken to protect children attending the provision.

OFSTED must be informed when a child protection referral is made to the Children's Social Care Services about:

A person who works as a child minder or
A person who works in day care for children or
Any service regulated by OFSTED

OFSTED must be invited to any Strategy Meeting where an allegation might have implications for other users of the day care service and/or the registration of the provider (see Allegations against Staff, Carers and Volunteers Procedure).

OFSTED must seek to cancel registration if children are at risk of Significant Harm in regulated settings.

Where warranted OFSTED will bring civil proceedings or criminal proceedings against registered or unregistered providers.

14. Prison Service and High Security Hospitals

When there are plans to release a prisoner convicted of an offence against children, prisons are required to notify the Children's Social Care Services and the Probation Service in the area in which the offender intends to be resettled on release.

This notification enables enquiries to be made regarding potential risk posed to children. High security hospitals have a duty to implement child protection policies, liaise with their local Safeguarding Children Board, provide safe venues for children’s visits and provide nominated officers to oversee the assessment of whether visits by specific children would be in their best interests (directions and associated guidance to Ashworth, Broadmoor and Rampton hospitals).

Children's Social Care Services may assist by assessing if it is in the best interests for a particular child in need/at risk to visit a named patient.

Many prisons now operate a similar system in relation to sex offenders and other dangerous offenders.

For further details, see Visits by Children to High Security Hospitals and Prisons Procedure.

15. Refugee Council

The Refugee Council assists families into the National Asylum Support Service through the provision of advice about available options and help with paperwork.

Unaccompanied asylum seeking children are provided with support and advice through the Refugee Council’s Children’s Panel.

The support provided may be through individual allocation to an Asylum Support Team, and will focus on:

Asylum procedures and processes
The need for legal representation and processes
Facilitating access to other agencies to meet health and welfare needs
Provision of advocacy services

Referrals may be self-referrals, from the immigration and nationality department, legal representatives or from local authorities and community groups.

The Refugee Council has its own child protection policy and procedures and all staff receive basic induction training, with further input for those directly working with children.

If a child is identified as in need of support or in need of protection a referral will be made to the relevant Children’s Social Care Services – see the Contacts and Referrals Procedure.

16. Sports Clubs

Many children regularly attend sports clubs and all such organisations should have their own child protection procedures and training for relevant staff and volunteers.

The NSPCC Child Protection in Sport (CPSU) works in partnership with Sport England and other major sports organisations to develop safeguards for children in sport.

In partnership with Ladbrokes, the NSPCC has issued a free leaflet and checklist of questions (Have Fun Be Safe) that parents and carers should be asking for, from organisations offering sports activities for children (available from NSPCC and Ladbrokes shops).

The Football Association (FA) for example has its own child protection policy and procedures and provides mandatory training for coaches, referees and volunteers involved in local football clubs.

The child protection procedures instruct individuals to seek advice or make referrals to the NSPCC help-line, Children's Social Care Services or the Police.

Where suspected abuse occurs within a football setting, the FA Head of Education & Child Protection should be informed of the concerns and will provide information for any relevant child protection enquiries and strategy discussions.

17. Surrey Fire and Rescue Service (SF&RS)

Whilst SF&RS has no express or direct statutory duties towards children beyond those it owes to the public at large, it recognises that safeguarding and in particular the protection of children is everybody’s responsibility and is committed to meeting its share of that responsibility through compliance with these procedures.

All managers within SF&RS have a responsibility to ensure that their employees are aware of and understand the organisation’s requirements of them with respect to child protection. SF&RS will ensure that, at minimum, staff are aware of and have read the SF&RS document ‘Working with Children, Young People and Vulnerable Groups’ Standard Operating Procedure and Guidance Notes.

Staff must follow child protection procedures if they suspect or it is alleged that a child may be at risk of abuse, is being abused or has been abused either by:

A member of staff
A family member or
Any other person, including another child

Suspected or alleged abuse may be identified by direct involvement in activities with children or whilst attending specific operational incidents.

A designated Child Protection Officer will be available 24 hours a day (via control) to provide advice and support to staff who have concerns regarding suspected or alleged abuse of a child.

The Child Protection Officer will liaise with and file reports to Surrey Children’s Social Care Services or Emergency Duty Teams regarding the concerns that have been raised.

18. Surrey County Council Responsibilities

Children's Social Care Service

Children’s Social Care Services have a general duty under the Children Act 1989 to safeguard and promote the welfare of children who are in need and, so far as it is consistent with that duty, to promote the upbringing of such children by their families.

Children’s Social Care Services are also obliged to ensure that children in its area are protected from Significant Harm.

The primary duty of all staff, whatever their nominated role, is to protect children from significant harm.

Children’s Social Care Services have the following particular responsibilities:

To assess, plan and provide support to children in need, including those suffering or likely to suffer significant harm
To undertake, in conjunction with the Police, Section 47 Enquiries wherever there is reason to suspect that a child in its area is at risk of significant harm
To convene and chair Child Protection Conferences on behalf of Surrey Safeguarding Children Board
To maintain a record of children with a Child Protection Plan on behalf of Surrey Safeguarding Children Board
To provide a Lead Social Worker for every child with a Child Protection Plan
To ensure that the agencies who are party to the Child Protection Plan coordinate their activities to protect the child
To undertake a Core Assessment in relation to each child with a Child Protection Plan, ensuring that other agencies contribute as necessary to the assessment and that assessments take account of key issues e.g. domestic abuse
To convene regular reviews of the child's progress through both Core Group and Child Protection Review Conferences
To instigate legal proceedings where required

The Local Authority Within its Education Functions

Section 175 of the Education Act 2002 requires local authorities which have education functions, in this instance Surrey County Council, to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of children, having regard to guidance issued by the Secretary of State. The chief guidance referred to currently is “Safeguarding Children in Education” issued by the DfES in 2004, which includes the following points:

The LA will have identified a senior officer for child protection to undertake and manage the provision of its strategic support, and operational functions and services.
The LA should monitor the compliance of maintained schools with the guidance “Safeguarding Children in Education”, in particular in regard to effective policies and procedures, and training of staff, and bring any deficiencies to the attention of the Governing Body of the school, advising the action needed to remedy them.
The LA should ensure that adequate policies, and advice, training and induction in safeguarding, meeting SSCB standards, is in place for all in the authority, and maintained schools, and liaise with diocesan authorities in respect of arrangements for aided schools in the area.
The LA should operate safe recruitment procedures, and have procedures in place for dealing with allegations of abuse against members of staff and volunteers.
There should be arrangements in place to safeguard and promote the welfare of children who have not been allocated a school place, or are excluded from school, including those in pupil referral units, or using the home tutor service. (Children educated at home, or who are employed, are multi-agency responsibilities).

Adults' Services

Those who work with adults in social care must consider the implications of service users’ behaviour for the safety and well being of any dependent children and/or children with whom those adults are in contact.

In particular, child protection issues may arise amongst parents, carers or pregnant women who are in receipt of the following:

Community mental health support
Substance misuse services
Learning disability services
Support services for victims of domestic violence

Adults’ Services must establish and maintain systems so that:

Managers within Adults’ Services can monitor those cases which involve dependent children
There is regular, formal and recorded consideration of such cases between managers in both Adults’ and Children’s Social Care Services
Where both Adults’ and Children’s Social Care Services are providing services to a family, staff communicate with each other and agree their interventions

Adults’ Services staff who receive referrals about adults who are also parents should consider if there is a need to alert the Children’s Social Care Services to a child who may be ‘in need’ or ‘at risk of Significant Harm’.

Once action is taken under child protection procedures (and regardless of whether the work is undertaken jointly or separately), Children’s Social Care Services becomes responsible for its coordination.

Emergency Duty Team (EDT)

Staff working in EDT must distinguish carefully, often on the basis of inadequate and/or unreliable information:

What immediate action may be required to ensure the immediate and longer term safety of a child and
What further responses may be best left to day time staff

EDT staff should ensure that all relevant information obtained and actions taken out of office hours are transmitted without delay to the relevant team within Children's Social Care Services and other agencies as appropriate.

Library Services

Members of staff working in libraries have a great deal of informal contact with children and parents using their services, which provides opportunities for recognising those who are experiencing difficulties.

If young children are left unattended within the library for lengthy periods of time, staff should intervene with parents and inform Children's Social Care Services if concerns are not allayed.

Through the facility for homework helpers and holiday groups, some library members of staff have direct unsupervised contact with children and all must be familiar and comply with child protection procedures.

Because libraries provide opportunities for anonymous access to the internet, staff must be aware and take reasonable precautions to prevent access to pornography and chat rooms in which children may be drawn into risky relationships.

19. Surrey Police

The Police have a general responsibility for the protection of life and limb. The prevention and detection of crime and involvement in cases of child protection stems from this responsibility.

The Police focus is to determine whether a criminal offence has been committed, to identify the offender/s and to secure the best possible evidence for criminal proceedings.

Public Protection Investigation Unit (PPIU)

The PPIU provide a 24 hour service to:

Protect life and prevent crime
Investigate (often serious) crimes against children
Instigate criminal proceedings (in conjunction with the CPS) provided that there is sufficient evidence, it is in the public interest to do so and that it is in the best interests of the child
Share information within, and where necessary outside of the police service to protect children
Make decisions and undertake risk assessments
Undertake the emergency protection of abused or neglected children and the use of powers of entry and removal where necessary
Share information about sex offenders for local Multi-Agency Public Protection Arrangements MAPPA
Set professional standards

The PPIU terms of reference are to investigate possible offences which occur:

Within the family or extended family
In respect of a child being cared for by any person (voluntary or professional) entrusted with her/his care at the time of an alleged offence
Where the victim is an adult but the abuse occurred whilst s/he was a child and under either of the above circumstances

The term 'within the family or extended family’ includes:

All persons living within the same household as the child
Any person, both voluntary and professional, entrusted with the care at the time of the alleged offence e.g. school teachers, youth workers, child minders etc. and
Regular visitors to the household e.g. neighbours, family friends, etc.

Investigations falling within the above terms of reference will be conducted by the PPIU covering the area where the child lives.

Investigations, outside the PPIU terms of reference, will be dealt with (to the same standard) by CID officers from the police station which covers the area in which the offence occurred.

Criminal Proceedings

The Police must be notified immediately when any criminal offence has been, or is suspected of having been committed against a child.

The decision concerning the instigation of criminal proceedings is made by the Police and the CPS, whenever possible after consultation with other agencies and the decision is primarily based upon:

Sufficiency of evidence
Interests of the child and
Public interest

Police Information Systems

Surrey Police Crime Information System (CIS), which is accessible to all officers, records and is searchable for:

Missing persons
Forms 39/24 (child coming to the notice of the police)
A flagging system indicating children with a Child Protection Plan

20. Surrey Probation Service

The key aims of the probation service are:

Protecting the public
Reducing re-offending
Proper punishment of offenders in the community
Ensuring offenders’ awareness of the affects of crime on victims and the public
Rehabilitation of offenders

Probation staff work predominantly with offenders aged eighteen years and over

The service also provides information and consultation to the victims (including child victims) of serious sexual and violent offences.

Probation staff may become involved with cases relevant to child protection:

In the course of preparing reports to the criminal courts
As a result of their responsibility for the supervision of offenders (including those convicted of offences against children)
Where an offender had been subjected to abuse as a child
Where a sixteen or seventeen year old offender is or has been the subject of abuse
Where a court requests a bail hostel placement for a single carer
When a single carer is remanded or sentenced to custody

Probation staff must refer a child to the Children's Social Care Services if concerned that s/he may be in need or at risk of Significant Harm.

All offenders referred to the probation service are assessed in terms of their risk level and needs by use of a standard assessment tool (OASYS). Those assessed as high or very high risk are dealt with by means of multi-agency public protection arrangements (MAPPA). See Risk Management of Individuals who Pose a Risk of Harm to Children Procedure.

The probation service victim liaison officer should consult Children's Social Care Services cases where the victim is a child.

Members of Probation staff have both statutory and non-statutory contact with sex offenders following release from prison and work with a range of offenders with less serious convictions against children.

When working with any member of a family where child abuse is known or thought to have occurred and where the child remains in the care of, or has contact with the abuser, the Probation officer must liaise closely with the relevant Children's Social Care Services Team and any other relevant agencies. (The exception is where child has been removed and has no planned contact).

21. Surrey Youth Service

Youth and community workers have close contact with children and young people and should be alert to signs of abuse and neglect, and know how to act on concerns about a child’s welfare. Local Authority Youth Services should give written instructions consistent with 'What to do if You’re Worried a Child is Being Abused' and SSCB procedures, on when youth workers should consult line managers and other statutory authorities about concerns they may have about a child or young person. These should emphasise the importance of safeguarding the welfare of children and young people, and should assist the youth worker in balancing the desire to maintain confidentiality, with the duty to safeguard and promote the welfare of the young person and others. Volunteers within the youth service are subject to the same requirement.

Where the LA funds local voluntary youth organisations or other providers through grant or contract arrangements, the LA should ensure that proper arrangements to safeguard children and young people are in place, within the contracting or funding agreement.

22. Voluntary Agencies/Groups

All voluntary agencies and groups (some of which undertake work commissioned by local authorities) should be encouraged and supported by local authorities to develop child protection procedures consistent with these procedures.

The agency / group should ensure that all staff and volunteers:

Have been checked for suitability for working with children, including Criminal records Bureau checks, and understand the extent and limits of the volunteers role
Are sensitive to the possibility of child abuse and neglect in all environments in which they have responsibility for children
Have access to training opportunities to promote their knowledge
Know how to report any concerns they have about possible abuse or neglect
Are vigilant about their own actions so they cannot be misinterpreted

The agency /group should:

Have guidelines about the care of children in the absence of parents, which respect the rights of the child and the responsibilities of the adults towards them
Have guidelines about safe caring practices e.g. not being alone with children without alerting others to the reason, ensuring all allegations, however minor, are reported to the agency/group manager/leader
Nominate a senior member of staff to take responsibility for drawing up and maintaining policy for child protection
Promote and maintain links with local statutory agencies in relation to both general safeguarding and specific child protection matters

Where independent agencies have a formal relationship with statutory ones, e.g. subject to registration and inspection or contracted to provide services, the statutory agencies may reasonably be expected to provide clear advice and assistance.

Whenever there is concern that a child has been abused or neglected a referral must be made without delay to the Children’s Social Care Services in accordance with the Contacts and Referrals Procedure.

Children’s Social Care Services may also be contacted for informal advice.

23. Young Offender Institutions, Prisons/Secure Training Centres/Secure Facilities

A court ruling in 2002 decreed that, “the Children Act (1989) applies to children in Prison Service establishments, including Young Offender Institutions and Mother and Baby Units, subject to the necessary requirements of imprisonment. Accordingly the functions, powers, duties responsibilities and obligations conferred or imposed on local authorities by the Act (and in particular by Sections, 17 and 47) do not cease to arise merely because a child is in a Young Offender Institution or other prison establishment; however such functions, powers, duties, responsibilities and other obligations take effect subject to the necessary requirements of imprisonment.”

Children’s Social Care Services have a responsibility to young people in custody, including young people who are held on a remand basis. (Local Authority Circular (2004)26) (See Sections 3.22.9 to 3.22.11)

Councils where there is a Young Offender Institution, Prison or Secure Training Centre within their boundary are asked to take the following Action:

Ensure that they have agreed local protocols with custodial establishments in their area for referral, assessment and the provision of services in line with legislation, guidance and local procedures, including the local Safeguarding Children Board Procedures. This must include procedures for addressing third party abuse (i.e. where a child discloses information about the abuse of another child or young person).
Ensure that the governor of the custodial establishment is invited to be a member of the Safeguarding Children Board.
Ensure that the Safeguarding Children Board considers what arrangements they need to be put in place in order to ensure that the welfare of children in custody is safeguarded, e.g. agreements for undertaking Section 47 Enquiries, Strategy Meetings and Serious Case Reviews.
Ensure that local protocols are in place in the event of the death of a child in custody.

Where their area contains a prison with a Mother and Baby Unit, agree local child protection procedures for safeguarding children living in the unit which are consistent with the Board’s procedures, to ensure that there are mutual arrangements in place for responding to all concerns raised about a child in the unit.

Where their area contains a prison, ensure that mutually agreed arrangements are in place for safeguarding children visiting the prison.

Children’s Social Care Services are asked to take the following action:

Ensure that they fulfil their statutory responsibilities for contact with any child for whom they have Parental Responsibility and who is placed in custody.
Where they were previously responsible for accommodating a child who is now in custody, or where a child who is now in custody was previously accommodated by another local authority, now plans to live in their area on release, establish arrangements to promote and safeguard his or her welfare on release,

Annexes B to D of Prison Service Order 4950 (which is equivalent in status to a DH or Department for Children, Schools and Families regulation) sets out obligations of governors with respect to child protection which complement routine pastoral, complaints and investigation arrangements within YOIs. These obligations are to be discharged in consultation with the local Safeguarding Children Board.

Governors must appoint from amongst their senior managers (or another senior member of staff with suitable competencies) a Child Protection Coordinator.

Governors must also establish a Child Protection Committee minimum core membership of which must include:

A governor grade
A representative from the local Safeguarding Children Board (SCB)
The establishment’s Child Protection Coordinator
Representatives of healthcare, through-care and the chaplaincy
A representative of the local YOT
A representative personnel officer /caseworker

Key objectives of the committee will be to:

Establish a common understanding with the local Safeguarding Children Board (SCB)
Identify a named Children’s Service officer to provide informal advice and to accept formal referrals
Select and train the establishment’s Child Protection Coordinator
Agree criteria for assessment of circumstances which may lead to a formal referral
Agree a procedure for dealing with incidents of significant harm which may have occurred before a child came into custody

If information comes to light from whatever source that a child has suffered or is at risk of suffering Significant Harm, the information must immediately be given to the duty governor.

The duty governor must make an assessment as soon as possible but in any case within 12 hours where possible in consultation with the nominated Child Protection Coordinator and follow the detailed requirements of PSO 4950.

If a formal referral is made to a Surrey Children's Social Care Services, a Strategy Discussion or Strategy Meeting must take place within 7 working days at which the governor or her/his representative and, if possible the supervising officer from the young person’s YOT will attend.

The Strategy Discussion/Meeting must agree:

Measures to safeguard the child’s welfare and
Where a formal Section 47 Enquiry is to be initiated, the plan for the enquiry including whether it should be initiated by Children's Social Care Services and/or the Police

A contractual requirement imposed by the Youth Justice Board (which commissions all places used within YOI’s), is that each must maintain and follow a comprehensive child protection policy.

24. Youth Offending Teams

Youth Offending Teams work with children to prevent their offending and must discharge their responsibilities having regard to the need to safeguard and promote the welfare of children. They should have their own child protection policies, which are consistent with this Manual.

Given their multi-agency membership, Youth Offending Teams are well-placed to identify those children most at risk of offending and to work with them to prevent their offending behaviour. A number of these children will be children in need of safeguarding.

25. Her Majesty's Courts Services

Her Majesty's Courts Service (HMCS) is an executive agency of the Department for Constitutional Affairs (DCA). Their remit is to deliver justice effectively and efficiently to the public.

Their goal is that:

All citizens according to their differing needs are entitled to access to justice, whether as victims of crime, defendants accused of crimes, consumers in debt, children in need of care, or business people in commercial disputes. Our aim is to ensure that access is provided as quickly as possible and at the lowest cost consistent with open justice and that citizens have greater confidence in, and respect for, the system of justice.

HMCS is structured around 42 areas, which match the existing criminal justice system areas, operating within seven regions.

HMCS provides administration and support for the Court of Appeal, the High Court, the Crown Court, the magistrates' courts, the county courts and the Probate Service.

26. Crown Prosecution Service

The Crown Prosecution Service is the Government Department responsible for prosecuting criminal cases investigated by the police in England and Wales.

As the principal prosecuting authority in England and Wales, they are responsible for:

Advising the police on cases for possible prosecution.
Reviewing cases submitted by the police.
Where the decision is to prosecute, determine the charge in all but minor cases.
Preparing cases for court.
Presentation of cases at court.

With headquarters based in London, York and Birmingham, they operate under a structure of 42 geographical areas in England and Wales. These Areas correspond with the boundaries of 43 police forces in England and Wales with The CPS London Area covering the operational boundaries of both City of London and Metropolitan Police Forces. Each Area is headed by a Chief Crown Prosecutor (CCP) who is responsible for prosecutions within the Area.

The role of the Service is to prosecute cases firmly, fairly and effectively when there is sufficient evidence to provide a realistic prospect of conviction and when it is in the public interest to do so.

End