Introduction
Tonbridge and Malling Borough Council is committed to working in partnership with others to safeguard children, young people and adults at risk from all detectable forms of abuse, neglect or exploitation. Everyone has a responsibility to ensure that concerns about the abuse of children, young people and adults at risk are addressed.
The lead responsibility for managing child and adult protection lies with Kent County Council which retains the co-ordinating role and duty of enquiry. However, it is recognised that successful safeguarding responses need multi agency and multi-disciplinary working and Tonbridge and Malling Borough Council will work with partners to identify and respond to suspected abuse.
In order to keep children, young people and adults at risk safe from harm, the Borough Council will ensure that it complies with all relevant legislation and government guidance, a summary of which is listed in Annex 2.
Aims
This policy aims to ensure that an overarching approach to safeguarding is embedded within all Council services and that staff, elected Members, those delivering services on behalf of the Council and volunteers have a good understanding of safeguarding guidelines and good practice.
The policy aims to:
- Raise awareness of the duties and responsibilities for children, young people and adults at risk of harm.
- Encourage good practice among staff, elected members, volunteers and contractors, to safeguard children and adults at risk who receive Council services.
- Provide clear guidance on procedures to be adopted if it is suspected that an adult, young person or child may be at risk of harm.
Objectives
Through this policy the Borough Council will create an environment where staff and others associated with the delivery of Council services are adequately trained and encouraged to think of safeguarding as being their responsibility. This policy aims to ensure that all residents of the Borough are able to live a life free from abuse, exploitation and intimidation.
The policy objectives are to:
- Explain the responsibilities the organisation has in respect of children, young people and adults at risk.
- Provide an overview of safeguarding and the legal duties associated with the protection of children, young people and adults at risk.
- Raise levels of awareness of those who might be at risk, the types of harm and their impact on children, young people and adults at risk.
- Promote the general health and wellbeing of children, young people and adults at risk that come into contact with us through the delivery of services.
- Provide a clear procedure that will be implemented when issues arise.
- Maintain effective procedures for recording and responding to suspected incidents of harm.
- Regularly review and monitor our approach to safeguarding to ensure our procedures and policies remain fit for purpose.
Context
Child Safeguarding
For the purpose of this policy, the term ‘child’ or ‘children’ refers to anyone under the age of 18. It also includes young people under the age of 25 who have an Education, Health and Care Plan (EHCP).
The statutory guidance Working Together to Safeguard Children (2023) defines safeguarding and promoting the welfare of children as:
Safeguarding and promoting the welfare of children means:
- Providing help and support to meet the needs of children as soon as problems emerge;
- Protecting children from maltreatment, whether that is within or outside the home, including online;
- Preventing impairment of children’s mental and physical health or development;
- Ensuring that children grow up in circumstances consistent with the provision of safe and effective care;
- Promoting the upbringing of children with their birth parents, or otherwise their family network through a kinship care arrangement, whenever possible and where this is in the best interests of the child;
- Taking action to enable all children to have the best outcomes, in line with the outcomes set out in the Children’s Social Care National Framework.
Adult Safeguarding
For the purpose of this policy, adult safeguarding is about protecting an adult’s right to live in safety, free from abuse and neglect. An adult is defined as anyone aged 18 or over. Where someone is 18 or over but still receiving children’s services and a safeguarding concern is raised, the matter should be addressed through adult safeguarding arrangements.
The Care Act 2014 places adult safeguarding on a statutory footing, embedding the principle of wellbeing and assigning legal responsibilities to local authorities.
Types of Adult Safeguarding Enquiries
There are two types of adult safeguarding enquiries, depending on whether the adult meets the criteria set out in Section 42 of the Care Act 2014:
- Statutory Section 42 Enquiry
A local authority must carry out a Section 42 enquiry if the adult:
- Has needs for care and support (whether or not they are receiving services),
- Is experiencing or at risk of abuse or neglect, and
- As a result of those needs, is unable to protect themselves from the risk or experience of abuse or neglect.
This is a legal duty and is referred to as a Statutory Enquiry.
Care and support needs may include practical, financial, or emotional support for adults who require extra help to manage their lives and maintain independence. This includes older adults, people with disabilities or long-term illnesses, individuals with mental health conditions, and carers.
- Non-Statutory Enquiry
A local authority may choose to carry out an enquiry even if the adult does not meet the Section 42 criteria. This is known as a Non-Statutory Enquiry.
These enquiries may be made when:
- The adult is experiencing or at risk of abuse or neglect, but
- They do not have care and support needs as defined by the Care Act (they may have support needs, such as a carer experiencing abuse).
Purpose of an Enquiry
The aim of any safeguarding enquiry is to determine what action, if any, is needed to support and protect the adult. The objectives are to:
- Establish the facts,
- Ascertain the adult’s views and wishes,
- Assess the adult’s needs for protection, support, and redress,
- Protect the adult from abuse or neglect in line with their wishes,
- Decide what follow-up action is needed and by whom, and
- Enable the adult to achieve resolution and recovery.
Making Safeguarding Personal
Embedded in adult safeguarding is the Making Safeguarding Person (MSP) approach. Making safeguarding personal: means safeguarding should be person-led and outcome-focused. It is about engaging the person in a conversation about how best to respond to their safeguarding situation in a way that enhances involvement, choice and control as well as improving quality of life, wellbeing and safety.
The legal responsibilities for safeguarding adults at risk of abuse or neglect are set out in Part 1 of the Care Act 2014. Kent County Council is the lead agency and Tonbridge and Malling Borough Council is a key partner and has a duty to co-operate to protect adults from abuse or neglect.
All sectors, including district councils are expected to apply the following six key principles in their adult safeguarding role:
- Empowerment: people being supported and encouraged to make their own decisions and be able to give informed consent.
- Prevention: it is better and more cost effective to take action before harm occurs.
- Proportionality: provide the least intrusive response appropriate to the risk presented.
- Protection: support and representation for those in greatest need
- Partnership: local solutions through services working with their communities. Communities have a role to play in preventing, detecting and reporting neglect and abuse.
- Accountability: accountability and transparency in delivering safeguarding
The KMSAB have resources available to support Making Safeguarding Personal along with additional information in the Multi Agency Safeguarding Adults Policy, Procedures and Practitioners Guidance.
Think Family
The Think Family approach is a multi-agency strategy involving social services, healthcare, and other professionals. It ensures that practitioners consider the needs of the whole family, not just the individual they are working with. This approach is based on the understanding that the health and well-being of each family member are interrelated. Services should therefore be coordinated and adapted to meet the full range of family needs, particularly for families facing complex challenges such as mental health issues, domestic abuse, or substance misuse.
The aim is to improve outcomes for all family members by providing timely support and promoting effective collaboration between professionals.
Think Family practice ensures that support provided by children’s, adults’, and family services is coordinated and focused on issues affecting the whole family. A Think Family Toolkit is available via the KMSAB website under the Useful Links & Resources section: useful links & resources section.
What Constitutes Abuse and Neglect?
Abuse is a violation of an individual’s human and civil rights by another person or persons. It can affect anyone, regardless of age, gender, class, disability, or ethnicity. Abuse may be a single act or repeated over time. It can occur in any relationship or setting — including family, institutional, or community environments — and may result in significant harm or exploitation.
Neglect is the persistent failure to meet a person’s basic physical and/or psychological needs, likely to result in serious impairment of health or development.
When visiting people in their homes, be especially aware of the additional vulnerability of disabled children, young people, and adults — particularly those with limited communication. Signs may include:
- Neglect of medical, emotional, or physical needs
- Inappropriate restriction or restraint
- Lack of privacy when meeting care needs
Types of Abuse and Neglect
Physical Abuse
The non-accidental infliction of physical force that results in injury, pain, or impairment. Includes hitting, slapping, pushing, misuse of medication, restraint, or inappropriate sanctions.
Sexual Abuse
Involvement in sexual activity without consent, or where the person is unable to consent. Includes both contact and non-contact acts, grooming, and exploitation.
Child Sexual Exploitation (CSE)
A form of sexual abuse where children are manipulated or coerced into sexual activity in exchange for something (e.g. gifts, money, affection). It may involve multiple perpetrators and victims.
Emotional or Psychological Abuse
Persistent maltreatment that causes severe emotional harm. Includes verbal abuse, humiliation, intimidation, isolation, and controlling behaviour.
Neglect
Failure to meet basic needs such as food, shelter, clothing, medical care, or emotional support. For adults, wilful neglect is a criminal offence under the Mental Capacity Act 2005.
Self-Neglect
A person’s failure to care for their own health, hygiene, or environment. May include hoarding. (Refer to KMSAB’s Self-Neglect and Hoarding Policy)
Financial or Material Abuse
The unauthorised or improper use of a person’s money, property, or resources.
Discriminatory Abuse
Abuse based on race, gender, disability, age, religion, or other protected characteristics. Includes harassment, slurs, or exclusion.
Institutional Abuse
Poor or abusive care practices within settings such as hospitals or care homes. Includes rigid routines, lack of dignity, or unsafe environments.
Domestic Abuse
Any incident or pattern of controlling, coercive, threatening behaviour, violence, or abuse between those aged 16+ who are or have been intimate partners or family members.
Honour-Based Abuse (HBA)
Violence committed to protect or defend the ‘honour’ of a family or community. Often targets women and girls but can affect anyone.
Female Genital Mutilation (FGM)
Illegal procedures involving partial or total removal of external female genitalia for non-medical reasons. A criminal offence in the UK.
Forced Marriage
A marriage conducted without the valid consent of one or both parties, where pressure or abuse is used. It is illegal in the UK.
Modern Slavery / Human Trafficking
The recruitment, movement, or exploitation of people through coercion, deception, or abuse of power. Includes forced labour, sexual exploitation, and domestic servitude.
Annex 3 provides further information on recognising the potential indicators of abuse.
Partnership Roles and Responsibilities
Kent County Council (KCC)
KCC has statutory responsibilities as the Children’s Services Authority and the Social Services Authority for Kent. All safeguarding concerns, incidents and allegations regarding the welfare of a child or vulnerable adult will be reported to KCC. The relevant officers at Kent County Council are responsible for co-ordinating any investigation.
Kent Police
Kent Police has the responsibility to investigate any allegations or suspicions of criminal offences against a child or adult. They will also support victims and enable them to access support services, e.g. victim support, social care.
Safeguarding Boards
Kent & Medway Safeguarding Adults Board (KMSAB)
The Kent and Medway Safeguarding Adults Board (KMSAB) is a statutory service which exists to make sure that all member agencies are working together to help keep Kent and Medway's adults safe from harm and protect their rights. It has an Independent Chair and meets three times per year. It is is an inter-agency forum for agreeing how the different services and professional groups should co-operate to safeguard vulnerable adults across Kent & Medway. The board aims to raise awareness and promote the welfare of vulnerable adults by the development of an effective cooperative involving people from a wide range of public and voluntary services and other organisations. Issues arising from the meetings of the SAB will be fed back to relevant TMBC staff via the Council’s Management Team and the Safeguarding Task Group. The KMSAB produces the Multi-Agency Safeguarding Adults Policy, Procedures and Practitioner Guidance Kent and Medway which includes responsibilities, new legislation and lessons learnt from Safeguarding Adult Reviews and Complex Case Audits.
Kent Safeguarding Children Multi Agency Partnership
The Kent Safeguarding Children Multi-Agency Partnership is overseen by an Independent Chair and sets the performance, policy and strategic priorities for KSCMP. It is responsible for ensuring that statutory requirements are met and resources are in place to meet these. Its member agencies comprise of senior representatives from agencies responsible for child protection arrangements in Kent. Details from the KSCMP are fed back to TMBC staff via Management Team and the Safeguarding Task Group.
The objective of the board is to co-ordinate what is done by each person or body represented on the board for the purposes of safeguarding and promoting the welfare of children in the area of the authority by which it is established; to ensure the effectiveness of what is undertaken by each person or body for that purpose; to challenge partner agencies' arrangements to safeguard children and to accept challenges to their own agency.
Prevent Strategy – Counter-Terrorism, Extremism and Radicalisation
Prevent is a national Government counter-terrorist strategy led by the Home Office. It aims to stop people becoming involved in terrorist activity or supporting terrorism by working with individuals and communities. Supporting vulnerable individuals and reducing the threat from violent extremism in local communities is priority for statutory bodies and their partners.
The Counter Terrorism and Security Act became law on 16 February 2015; The Act places a statutory duty on local authorities to have ‘due regard to the need to prevent people from being drawn into terrorism’. This is known as the Prevent Duty. Local Authorities are also required to establish panels to identify and support those felt to be vulnerable to being drawn into terrorist activity.
Part 5, Chapter 1, Section 26 places a statutory duty on ‘specified bodies’ including local authorities, schools, including academies and independent schools, further and higher education colleges, health, penal bodies and the police to pay due regard to the need to prevent people from being drawn into terrorism. Specified bodies are listed in Schedule 6 of the Act. Local authorities have established panels to assess the extent to which identified people are vulnerable to being drawn into terrorism. A Chief Police Officer may refer a person to the panel if they have reasonable grounds. The panel will establish a plan of support to reduce that person’s vulnerability. If necessary the panel can consider referring a person to a health or social care provider even if it does not think that a plan of support is necessary. Panels will be chaired by local authorities and must include the local Chief of Police.
The Community Safety Unit at Tonbridge and Malling Borough Council is responsible for delivering the objectives and monitoring progress within the Tonbridge and Malling Borough Council Prevent Action Plan. All staff need to be alert to the issues around terrorism and the local threat level. Training is undertaken for relevant frontline staff and safeguarding leads, to ensure that they are aware of Prevent and know how to respond if they think there is an issue.
If a child or adult are identified as being at risk of radicalisation, either by themselves, the actions of others or drawn into committing acts of terrorism, then staff or members should first discuss their concerns with their line manager or a Safeguarding lead.
To make a referral to Prevent download and complete the National Prevent Referral Form. You can also contact the Police on 101 or 0800 789 231, or complete an online report for possible terrorist activity.
You can also report online material promoting terrorism or extremism.
If you have any urgent concerns about potential terrorism activities, have seen a person acting suspiciously or if you see a vehicle, unattended package or bag which might be an immediate threat, move away and call 999.