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Protecting the Rights of Children and Adults at Risk of Abuse

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Protecting the Rights of Children and Adults at Risk of Abuse Protecting the rights of children and adults at risk of abuse A guide to Child Protection and Adult Safeguarding for Faith Based Establishments 1 Acknowledgements Faith Associates would like to thank the West Midlands partners for their review of its content The guide ‘Protecting the Rights of Children and and in particular the Birmingham LADO Service. Adults at Risk of Abuse’ is a much-awaited This guide does not seek to re-invent the wheel safeguarding toolkit. It is specifically designed but rather to build upon aspects of the good to meet the needs of faith-based institutions practice that has already been established in who have consistently requested advice and this sector. Extracts from the following sources guidance in relation to their safeguarding have been included and are referenced: - arrangements. The initiative follows a practice review conducted by the Birmingham City CP Procedures, Walsall Safeguarding Children Board, 2014 Council LADO Service in 2012. The small-scale research project to evaluate statutory responses Working Together to Safeguard Children, HM Government, 2015 to allegations in Faith Based Establishments was completed by Micho. H. Moyo, as part of the A Handbook for Madrassah Management and Safeguarding, Faith Associates, 2013 IRiS' Practitioner-Research Program, an initiative led by the University of Birmingham to Prevent and Safeguarding Guidance, Supporting Individuals Vulnerable to Violent Extremism, bring together policymakers, practitioners and Association of Chief Police Officers (ACPO), 2010 academics to work on innovative research Safeguarding Children in Places of Worship Good relating to different aspects of Superdiversity. Practice Guidance, Endorsed by London Borough of Barking and Dagenham Local Safeguarding Children Board, April 2007 To produce this guide, Faith Associates have paid particular attention to developments in The Prevent Strategy and the Channel Programme in FE Colleges, Camden statutory and safeguarding legislation up until April 2015. Its authors, Shaukat Warraich and Who decides? Consultation Paper, Lord Chancellor’s Department, 1997 Steve Suckling have conducted a comprehensive literature review of good Children Act, 1989 practice in the sector, whilst utilising established guidance from the six West Midland Local Authorities. The guide also reflects the development of positive engagement with faith institutions nationally as well as locally in the West Midlands. The Equalities, Community Safety and Cohesion Service is also to be acknowledged for providing the funding for this project. 2 Faith Associates would like offer our sincere gratitude to the following partners for their support and contributions: Copyright © Faith Associates, 2015. Contents Registered in England and Wales number 05979364 To help Faith Based Establishments: Email: [email protected] Web: www.faithassociates.co.uk Step one Review, plan and basics............................. 08 Telephone: 0845 273 3903 Step two Awareness training for all staff................ 13 Unless used for educational and other safeguarding advisory purposes; including Step three Safe working policies and practices....... 20 dissemination and adaptation to local needs, and publication thereof, by Birmingham City Step four Disclosure and reporting.......................... 26 Council or registered charitable organisations or otherwise indicated, no part of this publication Step five Safe recruitment......................................... 29 may be stored in a retrievable system or reproduced in any form whatsoever without the Step six Making a safe environment..................... 32 prior written permission from Faith Associates. 3 Welcome Why is child protection Sufficient training in place and adult safeguarding Safe recruitment practice Supervision and support for staff (paid and important? volunteers) Abuse of children or adults is a serious crime. If A clear process for dealing with complaints and you and your faith based establishment fail to allegations against staff. have clear policies, procedures and working practices in place, to protect children or adults What’s new? from coming to harm you will put the work you do at risk in the eyes of the law, other local Changes were introduced in the Care Act 2014 agencies and importantly, the parents and which became law in April 2015 which made it carers of those you have a duty of care towards. a legal requirement for local councils to Policies and procedures should not only be safeguard children and adults. Your faith based implemented, but should be effectively establishment is trusted by the community to communicated and explained to staff, so that provide services that: they are complied with. Working with and Protect the health, safety, welfare and security of building the confidence of parents and carers is those in your care from the time they arrive an important part of safeguarding. If you to the time they leave provide voluntary or paid for services to Develop aspects of their personal and educational children, young people or adults at risk then as development. a trustee or owner, manager, member of staff or volunteer you have a responsibility to protect their rights. This guidance will help faith based establishments in England meet their responsibilities by helping to ensure: Good accountability structures e.g. Safeguarding role of the management committee Designated leads for Child Protection and Adult Safeguarding Person for ‘Position of Trust Issues’ to deal with complaints and allegations against staff 4 To date, the definition of abuse is categorised To help faith based establishments: under physical, sexual, emotional and neglect. The Care Act 2014 provides the legal Adults at risk of significant harm have the right requirement for Safeguarding to include those to live a life free from neglect, abuse and vulnerable to exploitation e.g. modern day exploitation and they are protected by the slavery, prostitution, grooming by extremists or Human Rights Act 1998. Specifically false marriage. In addition, the Counter-Terrorism and Security Act 2015 has An adult at risk has their right to life protected (Article 1) made the Government’s ‘Channel’ process a legal duty for local authorities. Their right to be protected from inhuman and degrading treatment (Article 3) Why this guide? Their right to liberty and security (Article 5). To help Faith Based Establishments: The Rights of Children Ensure we do what is necessary to protect the most In 1989, governments across the world vulnerable to be safe from harm promised all children the same rights by Do what is required by law to protect the children adopting the UN Convention on the Rights of and adults at risk in our care. the Child. The Convention says what Child Protection Rights countries must do so to ensure that all children grow as healthy as possible, can To feel safe and protected from any form of abuse. learn at school, are protected, have their Feel that they can voice concerns and that those views listened to, and are treated fairly. concerns will be listened to. To expect that decisions made about them by adults In England a child is defined as everyone and organisations are in their best interests. under 18 years old. The NSPCC website An education that develops their mental and physical ‘Legal definitions’ page provides a helpful abilities and encourages them to become good citizens. national, European and International summary a child's legal rights on its 'Legal Definitions' page. 5 Meeting legal requirements A legal requirement Improving the quality of education and learning you are providing through clear and fair approaches to The Children’s Act 1989 is the primary behaviour management and discipline legislation for Safeguarding and Child Parents and carers understand what you do and are Protection and the Care Act 2014 for adult happy that you are providing a safe place protection. These acts place legal obligations Staff are clear about their roles and responsibilities in to safeguard children and adults, promote respect of Safeguarding children and Adults at risk their welfare and a responsibility to and confident on what they can and cannot do communicate any concerns about them to Staff own their behaviours and conduct and ensure they do not compromise their duty of care towards relevant local agencies. These acts of service users parliament give every child and adult at risk Staff follow your good practice ethos, policies and the right to protection from abuse, neglect procedures and are supported in their work and exploitation. Good relationships with statutory services in particular the Local Safeguarding boards for The Children’s Act 2004 and Care Act 2014 children and adults, the local council and their key staff, local police, schools and other service place duties on organisations to safeguard providers. and promote the well-being of children and Most importantly, by faciitating a positive and adults at risk. This includes ensuring all adults safe environment for children, young people who work with, or on behalf of them are and adults at risk, you are helping to make sure competent, confident and safe to do so. they can thrive. They will be: What are the reasons we Made to feel safe and secure should do this work? Healthy and happy Shown appropriate affection and respect for their Implementing good practise in your faith based feelings establishment will take time and effort. Once Given lots of smiles, praise and encouragement implemented, your organisation
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