Flintshire County Council

1. Flintshire County Council Level 3 Safeguarding 12th September 2019 Jane Marr

2. Note of caution This subject may raise painful memories or associations. This is not a safe time to share personal memories. If you want to, you can talk outside the session to the trainer, or seek advice from the NSPCC Helpline 0808 800 5000.

3. Overview of the Law and Role of DSP • Law and current guidance • Recording, reporting and monitoring • Policies • Court cases • Supervision of staff

4. Reflecting on current knowledge • What does the term safeguarding mean to you and how does it differ from child protection? • Write down a definition of a child • List all the Laws and Guidance that you are currently aware of concerning Safeguarding.

5. Level of Need

6. Statistics (2017-18) Northern Ireland 430,000 children 23,510 received support 2,082 CP 3,109 in care Scotland 1 million children 15,000 referred 2,668 CP 14,738 in care Wales 620,000 children 15,930 received support 2,960 CP 5,955 in care England 11 million children 390,000 received support 51,080 CP 72,000 in care Flintshire 390 received support 145 CP 210 in care

7. The legal/guidance framework Children Act 1989 UN convention on rights of a child.1991 Protection of Children Act 1999 (CRB) (2013 DBS) Education Act 2002 Children’s Act 2004 Protection of Freedom Act 2012 2014 Social Service and Well being Act 2015 Violence against Women and Domestic Abuse Act 2015 Counter terrorism and security Act Well-Being of Future Generations (Wales) Act 2015 2013 Guidance on implementing effective staff disciplinary and dismissal procedures 2014 Handling allegations against professionals 2015 Keeping Learners Safe 2013 (reviewed 2014) Use of Reasonable Force and searching for Weapons Clywch Report Safeguarding Children: Working together under the Children Act 2004 Guidance on Safeguarding Part 7 Lord Lamings report 2009-Ofsted prominence. 2017 supplementary guidance for inspecting schools and PRUs Estyn 2017 Estyn review of Healthy Relationships Education 2018 Data Protection Act (GDPR) Consultation on KLS 7.11.19 Consultation on EHE 21.10.19 Wales Safeguarding Procedures

8. The legal/guidance framework

9. Children Act 1989 S1 – The welfare of the child is paramount S3 – Parental Responsibility S11 – Duty to refer (SSWB Act s128 and s130) S17 – Child in Need S20 – Child accommodated by the local authority S31 – Child looked after the authority (Full Care Order) S38 – Child looked after by the local authority (interim Care order) S47 – Child in need of protection-significant harm

10. What is a child at risk? A “child at risk” is a child who: is experiencing or is at risk of abuse, neglect or other kinds of harm has needs for care and support (whether or not the authority is meeting any of those needs)

11. What is an adult at risk? Section 126(1) defines an adult at risk. An “adult at risk”, for the purposes of this Part, is an adult who:- is experiencing or is at risk of abuse or neglect; has needs for care and support (whether or not the authority is meeting any of those needs); and as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.”

12. What are the types of abuse? • Neglect • Emotional/Psychological Abuse • Physical Abuse • Sexual Abuse • Financial Abuse

13. Neglect The persistent or severe neglect of a child, or the failure to protect a child from exposure to any kind of danger, including cold, starvation or extreme failure to carry out important aspects of care, resulting in the significant impairment of the child’s health or development, including nonorganic failure to thrive. It may involve a parent or caregiver failing to provide adequate food, shelter and clothing, failing to protect a child from physical harm or danger, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs. In addition, neglect may occur during pregnancy as a result of maternal substance misuse.

14. Emotional Abuse Emotional adverse effects on the child’s emotional and behavioural development. It may involve conveying to a child that they are worthless or unloved, inadequate or valued only in so far as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on children. It may involve causing children frequently to feel frightened or in danger, for example by witnessing domestic abuse within the home or being bullied, or, the exploitation or corruption of children. Some level of emotional abuse is involved in all types of ill treatment of a child, though it may occur alone

15. Physical Abuse The hitting, shaking, throwing, poisoning, scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates or induces an illness in a child whom they are looking after.

16. Sexual Abuse Forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening, including: • Physical contact, including penetration or non-penetrative acts. • Non-contact activities, such as involving children in looking at, or in the production of pornographic material or watching sexual activities; or • Encouraging children to behave in sexually inappropriate ways.

17. Body Map

18. Financial Abuse • having money or other property stolen; • being defrauded; • being put under pressure in relation to money or other property; • having money or other property misused e.g. CSE, Modern Slavery, Human Trafficking

19. Statistics (2017-18) Scotland 39% Emotional 39% Neglect Northern Ireland 33% Physical 25% Neglect Wales 43% Emotional 37% Neglect England 48% Neglect 35% Emotional Flintshire 37.9% Emotional 31.1% Neglect

20. Role of Designated Safeguarding Person (DSP) • The role and responsibilities of the Senior designated person (DSP) are set down in the guidance Keeping Learners Safe 2015 • Referrals: • Refer cases of suspected abuse or allegation to relevant investigating agencies • Act as a source of support, advice and expertise within the educational establishment when deciding whether to make a referral by liaising with relevant agencies. • Liaise with Head Teacher/Governors regarding any ongoing issues and investigations and ensure that there is always cover for this role.

21. Training: • To recognise how to identify signs of abuse and when appropriate to make a referral • Have a working knowledge of LA child protection processes, including child protection conferences and be able to effectively contribute to them • Ensure each member of staff has access to and understands the school’s child protection policy and safeguarding arrangements, especially new or part-time staff who may work across different establishments • Ensure all staff have induction training covering child protection and are able to recognise and report any concerns immediately they arise • Be able to keep detailed accurate and secure written records of referrals/concerns • Obtain access to resources and attend any relevant or refresher training at least every 2 years.

22. Raising awareness • Ensure that establishment child protection policy is updated and reviewed annually and work with governors regarding this and other policies • Ensure that parents see copies of the child protection policy which alerts them to the fact that referrals may be made and the role of the establishment in this • Good practice to provide an annual briefing and regular updates at staff meetings on any new child protection issues or changes in local procedures • Where children leave the establishment their child protection file is copied for the new establishment and transferred, separate from main file, as quickly as possible. • Ensuring safeguarding topics are covered within the schools programme for learning

23. Good practice to provide an annual briefing and regular updates at staff meetings on any new child protection issues or changes in local procedures How do you keep yourself updated on what is happening in the safeguarding world? • NWSB have 7 minute briefing sessions on their website. The resource is bilingual. • Sign up for email updates from NWSB, NSPCC, Welsh Government, etc • Facebook pages for safeguarding companies.

24. Policies Site Security Lockdown procedures School exchange visits Online safety Drugs and substance misuse Promoting healthy relationships Sex education Children with medical conditions Bullying Health and Safety Attendance Behaviour Safer Recruitment

25. Venue Hire Policy Section 26 of the counter terrorism and security act 2015 The following questions will assist staff in determining whether a booking is considered controversial; • Establish what the venue will be used for and what type of event the customer is wishing to hold at the school. • Establish whether the name given is linked to any community group or organisation • Request a copy of the programme details and names of any speakers.

26. Request all contact details of the organiser (address, mobile, home and business contact number). • If the customer is not a local resident, establish why they are holding an event in this area. • Ask the customer if they have used any other venues in the country, if so contact the previous venue(s) to establish what the event was. https://www.gov.uk/government/publications/proscribed-terror-groups-or-organisations--2

27. Mental Capacity (amendment) Act 2019 For a person to be deprived of their liberty, they must be subject both to continuous supervision and control and not be free to leave. Any establishment that was working with Deprivation of Liberty Safeguards (DoLS) previously, Special schools, residential schools, etc. needs to ensure that they are updating and preparing themselves for the change to Liberty Protection Services (LPS) as the Mental Capacity (Amendment) Act 2019 has now received Royal Assent and become law. The LPS will apply to 16 and 17 year olds where the DoLS only applied to those aged 18 and over. The Act is expected to be implemented by Spring 2020.

28. When should a Child Protection File be opened? “Decision making about the rights of parents and the needs of children, is the most onerous of local government responsibilities.” Society of Local Authority Chief Executives and Senior Managers in a written submission to Laming progress report. What factors would you consider? Access to Files In the event of any request for data that relates to personal and sensitive information always refer to Legal Services/Local Authority Safeguarding Lead. Transferring of Records Good practice to ensure that relevant child protection information is shared with another school as soon as other school/destination known. DSL – DSL meet, talk. Date/ time noted. Always alert LA safeguarding officer of potential /actual moves, especially if moving out of area. Keep copies of Chronology, Reports etc.

29. Information sharing GDPR Governing bodies and proprietors should ensure that staff who need to share ‘special category personal data’ are aware that the Data Protection Act 2018 contains ‘safeguarding of children and individuals at risk’ as a processing condition that allows practitioners to share information. This includes allowing practitioners to share information without consent, if it is not possible to gain consent, it cannot be reasonably expected that a practitioner gains consent, or if to gain consent would place a child at risk. But, what if we are asked to contribute to a serious case review? Not keeping any copies can often seem counter-intuitive, as agencies may be asked by courts or serious case reviews to provide evidence of what they did. The Data Protection Act allows organisations to set their own retention policy which must explain why and for how long the information will be kept. If agencies would like to keep copies of child protection records, then writing a retention policy would be a possible way forward. Some Local Safeguarding Children Boards issue specific guidance to agencies

30. Supervision • DSP cluster meetings? • Regular supervision with management/co workers • Relationships at the core of information sharing & multi agency working

31. Role of the DSP in a Multi-agency approach • Referral to Social Services • Strategy meetings and assessments • Case conference, Core Group, MASM, • Serious Case Reviews/Child Practice Reviews • Managing risk

32. Benefits of multi-agency working Provides a forum to exchange ideas and experience to identify innovative service solutions Improves knowledge & skills of practitioners Increases efficiency and effectiveness of delivery of service Enables learning from each other to take place Cements relationships and builds trust amongst all those involved Creates opportunities for future joint working Enhances organisational capacity and declining resources that in turn benefit the young person. Creates opportunities for creativity, collaboration and understanding of different organisational strengths and cultures Changes practice within organisations Exposure to other practitioners allows individuals to expand their knowledge and expertise while providing support, dividing responsibility and cushioning the effect of any failures

33. Early Help Hub - ACES http://www.aces.me.uk/in-wales/ Chris Kilkenny Podcast 205.

34. Referral • Step 1 - Deal with any immediate needs: • Ensure that the victim of the alleged abuse is safe • Ensure that any necessary emergency medical treatment is arranged • Ensure that no forensic evidence is lost • If the alleged perpetrator is also a child ensure that a member of staff is allocated to attend to their needs and ensure that other pupils or adults are not put at risk.

35. Referral • Step 2 - Check the information documented • The report should include: • The date, time and location of the incident, • What the child said about the abuse • How it occurred or what has been reported to you • How it came to be reported to you. • The appearance and behaviour of the victim • Any injuries observed

36. Referral • Step 3 - Clarify: • The facts you have provided; but not to discuss the allegation of abuse with the alleged perpetrator or, if possible, the victim • That the circumstances fall within the safeguarding child procedures, i.e. meet the definition of abuse as defined in the Policy and Procedures • Issues of consent and confidentiality have been handled appropriately.

37. Step 4 – Conversation (referral) • If the DSP is in any doubt he/she should make contact with the LA safeguarding officer or children’s services. • Normally professionals should seek to discuss any concerns that they have with the family in question, and where possible, seek their consent to making a referral to Children’s Social Care. However, such discussion or agreement should not be sought, if to do so would: • Place a child at increased risk of significant harm • Interfere with possible criminal enquiries or • Raise concerns about the safety of staff members • Refer: • To the appropriate Social Services team or contact person • To the police if they think a crime may have been committed • Contact Social Services immediately if child or another is also at risk

38. Referral Form • Other Documents: • Chronology • Assessments • Notes

39. Referral Flintshire County Council’s Social Services for Children can be contacted as follows: To make a Child Protection Referral: Contact phone number: 01352 701000 PRESS 2 after dialling 01352 701000 to make a child protection referral PRESS 5 after dialling 01352 702601 to speak to the safeguarding unit Out of Hours phone number: 0845 0533116 earlyhelphub@Flintshire.gov.uk childprotectionreferral@flintshire.gov.uk.

40. Contact numbers in Policy

41. Principles of information sharing • Necessary and proportionate • Relevant • Adequate • Accurate • Timely • Secure • Record Special Category Personal Data

42. Sharing Information with other staff. • The Lead will need to make a judgement, on a case by case basis, regarding what information is shared with whom, and for what purpose. • Generally, the closer the day to day contact that someone has with a student the more likely the need to know outline of case. • Essentially if information is being shared with another person in their professional capacity and the person sharing it reasonably believes it will be treated securely there exists a duty for the receiver to treat securely.

43. AWCPP p54

44. Convening an initial conference • An Initial Child Protection Conference must be convened when it is believed that a child may be suffering or likely to suffer significant harm. The conference must consider all the children in the household, even if concerns are only being expressed about one child. For all cases going to a conference there should have been a Strategy Meeting/Discussion. • The Team Manager is responsible for making the decision to convene a child protection conference. The reasons for calling it (or deciding not to call a conference following completion of a S47 enquiry) must be recorded within the child or young person’s Integrated Children’s System (ICS) case file.

45. Child Protection Conferences If the referral to Social Care results in a child protection conference being convened: Agencies involved are always invited and should prioritise attendance They are likely to share important information relevant to the child and family circumstances Persons who attend - must provide a report in the required format All reports should distinguish between fact, observation, allegation and opinion.  Where information is provided from another source this should be made clear.

46. What next? • If there is no need for a CP plan a child in need plan will be considered • In all cases, the conference minutes should record clearly where there is dissent from a conference decision and the reasons why there is this disagreement. • If a professional considers that a conference decision places a child at risk of significant harm, they must seek advice from their agency's designated person for child protection or manager. They should make verbal and written representation to the Conference Chairperson and if this fails to resolve the issue, then follow the complaints procedure (NWSB).

47. Purpose of a CP plan The aim of the child protection plan is to: • Ensure the child is safe from harm and prevent him or her from suffering further harm; • Promote the child’s health and development; • Support the family and wider family members to safeguard and promote the welfare of their child, provided it is in the best interests of the child.

48. Discontinuing the child protection plan A child should no longer be the subject of a child protection plan if: • It is judged that the child is no longer continuing to, or is likely to, suffer significant harm and therefore no longer requires safeguarding by means of a child protection plan; • The child and family have moved permanently to another local authority area. In such cases, the receiving local authority should convene a child protection conference within 15 working days of being notified of the move. Only after this event may the original local authority discontinue its child protection plan; • The child has reached 18 years of age (to end the child protection plan, the local authority should have a review around the child’s birthday and this should be planned in advance), has died or has permanently left the United Kingdom.

49. Timescales (AWCPP 2008) • Within 1 working day of a referral being received, a local authority social worker should make a decision about the type of response that is required and acknowledge receipt to the referrer. Within 10 days feedback to referrer. • Initial assessment should be completed within 7 days, core assessment is maximum 45 working days. • All Initial Child Protection Conferences should take place within 15 working days of the strategy meeting (at which the S47 enquiries were initiated). • Core group meet within 10 working days from initial CP conference. • Review case conference within 3 months of initial then every 6 months.

50. NWSCB In 2013, NWSCB, tookover the safeguardingarrangementsfrom the threelocalsafeguardingboardsthatoperatedacross North Wales since 2004. (Gwynedd & MonLocalSafeguardingChildrenBoard, Conwy andDenbighshireLocalSafeguardingChildren’sBoardandFlintshireandWrexhamLocalSafeguardingChildren’sBoard)The Social Services andWellbeing Act 2014, forms the basis of the newstatutoryframeworkforsocialcarein Wales. The Act providesfor a newstructurefor the safeguardingboardsin Wales withsixsafeguardingboardsoperatingin Wales andincludes the establishment of the National IndependentSafeguardingBoardinApril 2016. North Wales SafeguardingChildren’sBoard (NWSCB) is a statutorybodywhichco-ordinates, monitorsandchallengesits partner agenciesinsafeguardingchildrenin North Wales. The objectives of the NWSCB are to PROTECT childreninitsareawhoareexperiencing or at risk of abuse, neglect or otherkinds of harmand PREVENT childrenwhowithinitsarewhoareexperiencing or at risk of experiencingabuse, neglect or otherkind of harm.