EXECUTIVE COUNCIL CONFIDENTIAL Title of Report: Safeguarding Procedures and Fostering Guidelines Paper No: 83/12 Date: June 2012 Report of: David Jenkins, Director of Health and Education 1.0 Purpose 1.1 This paper introduces the new Safeguarding Procedures and Fostering Guidelines for Honourable Members review and approval. 2.0 Recommendation 2.1 That Honourable Members approve the new Safeguarding Children and Young People Policy document and to note the Safeguarding Children and Young People Procedures and Fostering in the Falkland Islands Guidelines for Professionals and Carers (copies available at Gilbert House) and requests that they come into effect immediately. 3.0 Summary of Financial Implications 3.1 None 4.0 Background 4.1 A considerable amount of work has been performed over recent months in reviewing the Safeguarding Policy/Procedure (Annexes A) is attached to the paper and Fostering Guidelines (Annex B & C available at Gilbert House) that FIG utilise. This has been led by the Social Services department and has involved input from the health department, Attorney Generals Chambers and relevant committees. Both of these sets of guidelines have recently been ratified by the Health & Social Services Policies Committee. 4.2 They are now presented to Honourable Members for their review, comment and approval. 4.3 This work has involved and been guided by the following related legislation: FIG Children Ordinance 1994, the Local Safeguarding Board 1 Terms of Reference, UK Working Together 2010 and UK Fostering Minimum Standard and Regulations 2002. 5.0 The Safeguarding Procedures 5.1 The new Safeguarding Procedures are an update of the previous Child Protection Procedures. 5.2 The Safeguarding Procedures outline the process and the responsibilities of the employees and members of the public in relation to: • How to identify and report suspected Child Abuse. • The process to be followed by the Directorate acting on behalf of children in need or enquiring into allegations of child abuse. 5.3 These procedures have been approved by the Falkland Islands Safeguarding Children and Young Persons Board. 5.4 The Falkland Islands Government has a legal and moral responsibility to implement Safeguarding procedures, to uphold its duty of care to children and young people by safeguarding their well-being and protecting them from abuse. 5.5 The Safeguarding Policy and the procedural document will safeguard and promote the welfare of the children and young people in the Falkland Islands and ensure that children and young people are listened to and any concerns acted upon. 5.6 The purpose of the Safeguarding Policy and procedures is to promote the safety and well-being of children and young people (under the age of 18) by ensuring that all staff from different agencies and organisations working with children have a clear understanding of how concerns should be dealt with. This document sets out the procedures for reporting, making a referral, investigating a concern and putting in place a Child Protection Plan. 5.7 The policy/procedure’s primary aims are to: • Afford protection to all children in our community. • Enable staff and volunteers to safeguard and promote the welfare of children. • Promote a culture which makes our schools and overall community a safe place to learn, work and live. • Ensure members of the community are aware of the child protection process. • Ensure professionals and those involved with children receive the necessary training on the process of reporting any safeguarding concerns. 2 6.0 The Fostering Guidelines 6.1 The fostering document sets out guidelines relating to the care of children by Foster Carers approved by the Falkland Islands Government. It includes the process for the assessment, approval, review, and termination of approval of Foster Carers. 6.2 It sets out the procedures for the placement of children in foster homes, on short breaks, in emergencies, on short-term or long-term basis, and the procedures for dealing with complaints and allegations about Foster Carers. 6.3 The guidelines have been written to ensure both Foster Carers and the Falkland Islands Government have a clear process to follow, and to prevent any disparity in the system. The guidelines make sure Foster Carers know what to expect from the Falkland Islands Government, and allows the Falkland Islands Government to make its expectations clear to Foster Carers throughout the fostering process. 6.4 The purpose of the guidelines is to help put clear boundaries and procedures in place that will help protect both children and their Carers. It will also help to promote their well being by ensuring all their needs are met. 6.5 The Social Services Team will ensure that all foster carers are recruited and assessed as directed in the guidelines. Social Services will ensure that all foster carers are aware of the guidelines. 7.0 Legal Implications & Responsibilities Fostering Guidelines 7.1 In the Falkland Islands there is no legal framework surrounding Foster Caring, and no formal procedures. Carers enter a formal written agreement with the Falkland Islands Government (Social Services Department) following approval and expectations placed on both Social Services and the Foster Carers. 7.2 It is intended that children and young people who are cared for by Foster Carers will be called “Looked After Children” and will have a framework surrounding their package of care as set out in Annex C. Children and young people can become “Looked After” for a variety of reasons, and the arrangements can be voluntary or through a Court Order. With children looked after on Care Orders, the Falkland Islands Government shares parental responsibility with parents and delegates their care to the Foster Carers under agreement. 7.3 The fostering guidelines will be monitored through reviews and necessary changes made by the Safeguarding Children and Young People Board as and when required. Safeguarding Procedures 3 7.4 The Safeguarding Policy and procedures are underpinned by the Children Ordinance 1994 which sets out the legislative framework in which child protection action is taken. 7.5 Every organisation should ensure that they appoint a lead person responsible for safeguarding practice within their organisation (although this cannot be enforced in the private sector). 7.6 Employers should ensure that all their employees working with children are aware of the Safeguarding Policy and procedures; that they are police checked and have received the relevant Safeguarding training (although this cannot be enforced in the private sector). 7.7 The policy and procedures will be monitored through reviews and necessary changes made by the Safeguarding Children and Young People Safeguarding Board as and when required. 8.0 Financial Implications 8.1 There are no financial implications arising directly from this paper. Indirect financial implications include foster carers payments which has been included in our Social Services budget and are not envisaged to materially change due to the implementation of this policy. 9.0 Human Resource Implications 9.1 No human resources implications. Foster carers will be recruited, supervised and trained by existing Social Services members of staff but they are not deemed FIG employees. 4 Index No Falkland Islands Government 1 Department of Health and Social Services 2 3 Safeguarding Children and Young People Policy Document (To be included and read in conjunction with Procedural Documents) Author – The Social Services Team Production date – June 2012 Version Number: V. 1 Status: Final Version Status Summary of Date of issue changes V.1 Final February 2012 5 Introduction The Falkland Islands Government has a legal and moral responsibility to implement safeguarding procedures, to uphold its duty of care to children and young people by safeguarding their well-being and protecting them from abuse. The Safeguarding Policy and the procedural document will safeguard and promote the welfare of the children and young people in the Falkland Islands and ensure that children and young people are listened to and any concerns acted upon. The Safeguarding Policy outlines the aims and scope of the procedures, and what is expected of the employees and members of the public. The procedures include: • How to identify and report suspected child abuse to the Social Services • The process to be followed by the Directorate acting on behalf of children in need or enquiring into allegations of child abuse. The procedures have been approved by the Director of Health and Education and the Falkland Islands Safeguarding Children and Young Persons Board. Aims The primary aims of the Safeguarding Policy and procedures are to:- • Afford protection to all children in our community. • Enable staff and volunteers to safeguard and promote the welfare of children. • Promote a culture which makes our schools and overall community a safe place to learn, work and live. • Ensure members of the community are aware of the child protection process. • Ensure professionals and those involved with children receive the necessary training on the process of reporting any safeguarding concerns. Scope This Safeguarding Policy applies to all Falkland Islands Government employees working with children, including Health, Education, and Social Services. This policy document should be read and used in conjunction with 6 the procedures and should also be used as guidelines by volunteers, and other agencies that are involved with the children in the Community. Responsibilities • The Social