Policy, Law & Key Risks

1. Policy, Law & Key Risks When working with children and young people Jane Armstrong June 2014

2. Aims and Objectives • Relates to 3.1 & 4.1 of Unit VQ17 • To understand key risks in working with children and young people • To review key challenges to ethical practice when working with this target group • As a group, develop a plan to mitigate key risks (ethical; legal; moral; physical) to both counsellor and client

3. First of all… • In small groups, consider the key risks in working with children and young people • Using the available resources, write down your small group ideas • Take turns in presenting to the whole group for comparison and discussion

4. The Protection of Children Act 1999 • Came into force in 2000, introducing the Protection of Children Act (PoCA) List, in which the Secretary of State has a duty to record the names of individuals who are considered unsuitable to work with children. • All regulated child care organisations (as defined in the Act) have a statutory duty to refer the names of those individuals who fulfil certain criteria making them unsuitable to work with children for possible inclusion in the PoCA List.

5. And more… • The effect of inclusion in the PoCA List is that child care organisations, which are obliged to check names of prospective employees against the list (DBS) before offering employment, will be told whether or not an individual is listed in the PoCA List. • Child care organisations proposing to offer individuals employment in child care positions must not employ individuals whose names are included on the PoCA List or List 99 (on the grounds that they are unsuitable to work with children) and must cease to employ such individuals in child care positions if they subsequently discover that they are included on these Lists. • It is an offence under the Criminal Justice and Court Services Act 2000 to employ any person to work with children who appears on the PoCA list.

6. CRB became DBS • The Criminal Records Bureau (CRB) was established as part of the Police Act 1997 and was launched in March 2002, following public concern about the safety of children, young people and vulnerable adults. It was found that the British police forces did not have adequate capability or resources to routinely process and fulfil the large number of criminal record checks requested in a timely fashion, so a dedicated agency was set up to administer this function. • In May 2002, the Department for Education began maintaining a list of individuals who are not suitable to work with children. This list was originally named List 99, later named the ISA Children's Barred List (maintained by the Independent Safeguarding Authority) and finally, the DBS Children's Barred List - maintained by the Disclosure and Barring Service. • The DBS was formed in 2012 by merging the functions of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) under the Protection of Freedoms Act 2012.

7. Who is on these lists? • The CRB procedures were tightened following the Soham murders trial. Ian Huntley, a former caretaker, was found guilty of murdering two girls of a Cambridgeshire primary school in 2002. Huntley had been suspected of a string of offences including rape, indecent assault and burglary. His only conviction before the murders was for riding an uninsured and unlicensed motorcycle, but a burglary charge had remained on file. In January 2006, following controversies resulting from cases where staff had been hired by schools before a full CRB check had been carried out, the Department for Education and Skills stated: "Employers should obtain a CRB Enhanced Disclosure in respect of all teachers they recruit before the person is placed in a school." Huntley had been hired in November 2001, before the CRB came into force. • Sociologist Frank Furedi has stated that CRB checks cannot provide a "cast-iron guarantee that children will be safe with a particular adult", and that their use has created an atmosphere of suspicion and is "poisoning" relationships between the generations, with many ordinary parents finding themselves regarded as "potential child abusers". The restrictions imposed by the CRB check process have contributed to a shortage of adult volunteers in organizations such as Girl guiding UK.

8. What checks are the DBS making? • At present the DBS for England and Wales processes two levels of checks: • Standard disclosures: discloses all convictions, cautions, final warnings and reprimands (that are not protected) held on the Police National Computer, regardless of whether they are spent or not. • Enhanced disclosures: also discloses all convictions, cautions, final warning and reprimands (that are not protected) held on the Police National Computer. Enhanced disclosure may also reveal local police information (e.g. details of allegations, arrests, not guilty verdicts etc.) that is felt to be relevant to the job. • The following are not convictions, cautions, final warnings or reprimands and will not be disclosed on a standard DBS check. As local records, they may be disclosed on an enhanced DBS check at the discretion of the Chief Constable: • Harassment warnings: only becomes a criminal matter if breached • Anti-social behaviour orders (ASBOs): only becomes a criminal matter if breached • Community resolution orders • Cannabis warnings (usually issued on the street) • Fixed penalty notices (FPNs) • Penalty notices for disorder (PNDs)

9. Lone Working • To work effectively for your organisation, lone workers need to feel safe and be safe. Employers should never forget that these employees are particularly vulnerable and it is not only their responsibility, but in their interest, to ensure their safety and well-being. www.suzylamplugh.org

10. How can you keep safe? • Try not to work alone or in an isolated room away from other people. • This is particularly true for first sessions, but counsellors can be at risk at any time. • If you are asked to work alone, or to visit a client at home, ensure you take your phone, ring a colleague, friend or family member (who has your whereabouts) before you go in and immediately when you come out of the session – use a prearranged code if necessary if there is any issue with the client to alert. • If you feel unsafe, use a reason to leave the room if you can.

11. Contracting • Good contracting is essential. • It forms a basis to which you can return, for example, if you include the explanation of when you might have to break confidentiality and explain this to the client – you can then return to the contract should you need to. • Your contract sets out boundaries: time/length of session; cancellation; break for holidays; your supervision requirements etc. • Your contract will evolve as your practice does.

12. Reasons to break confidentiality* • Terrorism Act 2000 • The Children Act 1989 (CA 1989) including the Children Act 2004, places a statutory duty on health, education and other services to co-operate with local authorities in child protection. • There is a statutory duty to work together, including information sharing, in conducting initial investigations of children, who may be in need or subject to abuse

13. More… • Therapists working with children and young people should have supervision with a person suitably qualified and experienced in child protection matters. • If there is a concern that a child may be at risk of serious harm and the therapist does not have consent from the child or from a person with parental responsibility for the child to make a referral, then the therapist (with support from their supervisor) will have to decide whether to make a referral anyway, without consent*.

14. However… • Serious Harm: A threat to life, inflicting serious physical harm, rape and child abuse would all be examples of serious harm. The risk of a car accident or the spread of serious disease could amount to serious harm. The prevention of psychological distress without any associated serious physical injury, criminal activity, or child protection issue, may not justify a breach of confidentiality in English law, especially for adults and young people capable of giving valid consent. *Taken from BACP website: G2 Breaches in Confidentiality

15. Working within schools, colleges, agencies • Know their policies and procedures • Who is the designated safeguarding person? • Have their contact details • Know when to refer and for what • Be clear on your limitations to feedback • Enjoy working as part of a team, but be clear on your professional boundaries • Be prepared to help others to understand your unique role in terms of confidentiality* *some agencies may practice sharing of information, make sure you are aware of procedures as early as possible in your placement.

16. So…contracting • Do your research – BACP website G2 ‘Breaches in Confidentiality’ • Talk to your supervisor • Be clear in your contract • Explain verbally to the client any exceptions to confidentiality • Become skilled at explaining this thoroughly, ensuring that the client understands when you might have to break confidentiality • Make yourself aware of any requirements within the system that you are working – e.g child protection policy; drugs and alcohol; anti bullying

17. The Plan • Go back to your small groups, and adding the information you have just been given to the information you already know, develop a plan to mitigate key risks when working with children and young people • Present to the large group – does the plan reflect your original thoughts on key risks? Have you considered confidentiality; boundaries; parents; teachers; expectations; peer pressure; personal safety...and on…and on…

18. Finally… Were the aims and objectives met? Do you understand and have a clear plan to mitigate key risks when working with children and young people?