Safeguarding policy and reporting procedure

Responsibilities relating to children and adults

In relation to children and young people, the Children Act 2004, places the following duties on District/Borough Councils:

• Section 11 places a statutory duty on key people and bodies, including district councils, to make arrangements to ensure that in discharging their functions they have regard to safeguard and promote the welfare of children
• Section 10 outlines the duty to promote inter-agency cooperation between named agencies- including district councils
• There is a reciprocal duty on those agencies, including district councils, to cooperate with the Children’s Service Authorities (CSA) in budget pooling – a key provision that underpins children’s trust arrangements
• Section 13 gives district councils representation on, and participation in, Local Safeguarding Children Partnerships, and sets out the framework for those partnerships.
• Section 17 entitles district councils to be consulted on the CSA’s children and young people plans (CYPPs)

Voice of the child

Government guidance states, at an organisational or strategic level, partners are responsible for ensuring that children and young people are listened to appropriately and concerns expressed about their or any other child’s welfare are taken seriously and responded to in an appropriate manner. As much as possible, the Council will actively seek feedback and listen to the views of children and young people, promoting their welfare and listening to the voice of the child.

Adults

In relation to adult safeguarding there is a wide range of legislation, applicable to adults at risk, that has been developed over a number of years. It includes laws about adult care services, where upper-tier councils have the statutory lead, and laws about crime, contracts and property, human rights and mental health capacity.

It is the responsibility of all employees and Council Members to adhere to best practice and participate in relevant training, report any concerns, incidents or allegations to a Designated Safeguarding Lead Officer or to their line manager in accordance with the relevant procedure set out within this policy. Safeguarding reports cannot be anonymous and should be made in the knowledge that, during the course of enquiries, they may be required as a prosecution witness. Basic Safeguarding training will be provided for all employees, with further additional training provided for some staff depending on job role and need.

Key front-line services

There are a number of Council services where the safeguarding of children, young people and adults at risk will be of particular relevance and where staff could be in direct contact with those at risk. These include our responsibilities in relation to the licensing of taxi services and public houses, the support services we provide for children and young people, our community safety role, and our role as a housing authority including those presenting as homeless, our customer services functions, and our council tax and welfare advice services. The Borough Council will therefore ensure that all staff who have face to face contact with customers as part of their normal responsibilities will receive regular training and assistance to ensure any safeguarding concerns are properly dealt with and that any issues which arise are reported to the Safeguarding Task Group for further review.

Use of contractors, external agencies and service level agreements

It is the responsibility of TMBC employees and Members to consider safeguarding implications in their decision making processes, including the procurement of services and the issuing of licences in order to deliver services. A Contractor Advice Note incorporating the safeguarding of children and vulnerable adults into contracts and community grant awards is attached as Annex 1. Depending on the level of risk, the Council can include safeguarding clauses relevant to the service being provided. The conditions placed within the contract should provide meaningful controls proportionate to the level of risk. Where relevant contractors should have their own Safeguarding Policy and training procedures in place. Responsibility for ensuring that contractors comply with TMBC safeguarding policies lies with the contract manager.

Recruitment at Tonbridge and Malling Borough Council

It is important that the Council takes all reasonable steps to prevent unsuitable people working with vulnerable groups. For all new employees, confirmation of employment will be dependent on satisfactory checks. The Council has a Disclosure and Barring Service (DBS) Policy which is overseen by Human Resources.

Managers and Human Resources are responsible for risk assessing all job descriptions to identify which are likely to involve regular and/or substantial unsupervised contact with children, young people and adults at risk. A question is included on all application forms about unspent criminal convictions. Disclosure and Barring Service checks (DBS) have replaced the Criminal Records Bureau checks (CRB) since 1st December 2012 as a result of the Protection of Freedoms Act (2012). This service allows the Council to check whether there have been any updates since the date of an existing DBS check, as a DBS check has no official expiry date. Such a process should only be used in those few instances where employees and volunteers have substantial or regular and unsupervised contact with children, young people and vulnerable adults. Basic DBS checks can be undertaken where appropriate and Human Resources will assess this need.

Allegations against staff and persons in positions of trust (PiPoT)

Allegations against staff and persons in positions of trust (PiPoT) The Care Act statutory guidance requires Safeguarding Adults Boards to establish a framework to respond to allegations against anyone who works, either paid or unpaid, with adults who have care and support needs i.e., persons in positions of trust (PiPOT).

These procedures should be followed where it is alleged that a person, including People in Positions of Trust (PIPOT) have:

• Behaved in a way that harmed a child or adult at risk, or may have harmed a child or adult at risk
• Possibly committed a criminal offence against or related to a child or adult at risk
• Behaved towards a child or adult at risk in a way that indicates he or she may pose a risk to them.

Allegations against staff and persons in positions of trust also includes concerns where person who works with children in either a paid or unpaid (volunteer) capacity where it is alleged that a person has:

• Behaved in a way that indicates they may not be suitable to work with children (includes transfer of risk, risk by association)

A person can be considered to be in a ‘position of trust’ where they are likely to have contact with children, young people or adults with care and support needs as part of their employment or voluntary work, and

• Where the role carries an expectation of trust, and
• The person is in a position to exercise authority, power or control over an adult(s) with care and support needs (as perceived by the adult themselves).

Should an allegation be made against a member of staff - or a volunteer, Councillor, or contractor working on behalf of the Council - the matter must be brought to the attention of the Designated Safeguarding Officer, or to the Head of HR without delay. If the person also works with children or conduct towards an adult may impact on their suitability to work, with or continue to work with children a referral will also be made by the Designated Safeguarding Lead or Head of HR, to the County Council Local Authority Designated Officer (LADO) service.

The allegation will then be investigated in partnership with the LADO, who deals with allegations against staff who work with children either in education or the wider children's workforce.

There is not an Adult LADO service, but allegations about a PiPoT working with adults who have care and support needs should following the KMSAB Managing Concerns around People in Positions of Trust (PiPoT) guidance. If the Designated Safeguarding Lead Officer or Head of HR is the subject of the allegation/suspicion the report must be made directly to the Chief Executive Officer.

Whistleblowing

The Council has a Whistleblowing Policy (available on TMBC Intranet) with further guidance and advice, which should be used if you have concerns.

Guidelines on use of photography and filming

It is an unfortunate fact that some people have used children and young people’s events as opportunities to take inappropriate photographs or footage of children and young people. Councillors, employees, volunteers and contracted service providers should be vigilant at all times to ensure that misuse of photography does not occur.

All photography by Council employees or on behalf of the Council must be made in accordance with the Council’s Photographic policy (available internally on request).

In particular, written parental/carer consent must be obtained before anyone working for or on behalf of the Council takes a photograph of or films a child, young person or vulnerable adult. Usually this will be in the form of the Council’s image consent form (available internally).

When commissioning professional photographers or inviting the press to cover Council services, events and activities you must ensure that you make your expectations clear in relation to child protection. The following steps should be taken when professional photographers or the press are invited to events:

1. Check the credentials of any photographers and organisations commissioned,
2. Ensure identification is worn at all times,
3. Do not allow unsupervised access to children, young people or adults at risk
4. Do not allow photographic sessions outside of the activities or services,
5. Ensure that the names of children, young people, or vulnerable adults are not used in photographs or footage, unless the express permission of the parent/carer of the child, young person or vulnerable adult has been given as detailed on the Council’s Photograph Consent Form. (Available from the Media Team).

Social media

The open nature of the internet means that social networking sites can leave Council staff vulnerable if they fail to observe simple precautions to avoid social media putting them in a position where actions may be misconstrued or give rise to a safeguarding concern. Cyber security training (including caution when using social networking sites) is provided to all staff.

Information sharing

In order to keep children and vulnerable people safe from harm, professionals will share relevant information across geographical and professional boundaries as required.

When there is a reasonable cause to believe that a child, young person or adult at risk, may be suffering or may be at risk of suffering significant harm, consideration will always be given to referring these concerns to Children’s or Adults Social Care (as appropriate) and/or the Police. Information about children, young people, families and adults at risk will be shared appropriately, and always in accordance with the Council’s Data Protection Policy.

At TMBC there are Designated Safeguarding Lead Officers within each service who should be contacted if you have any concerns relating to safeguarding (Annex 4).

General Data Protection Regulation

The General Data Protection Regulation (GDPR) came into force 25 May 2018. GDPR strengthens individuals and organisations rights and duties relating to information management. In response to GDPR, a Safeguarding Privacy Notice is in place which outlines how safeguarding information is used. If you would like further information about this Privacy Notice, please contact the Council’s Data Protection Officer.