Safeguarding

For further information about safeguarding children visit http://www.safeguardingwarringtonchildren.org.uk/

Certain types of charity are set up to assist or care for those who are particularly vulnerable, perhaps because of their age, physical or mental ability or ill health. Charity trustees are responsible for ensuring that those benefiting from, or working with, their charity are not harmed in any way through contact with it. They have a legal duty to act prudently and this means that they must take all reasonable steps within their power to ensure that this does not happen.

It is particularly important where beneficiaries are vulnerable persons or children in the community. Trustees are expected to find out what the relevant law is, how it applies to their organisation, and to comply with it where appropriate.

They should also adopt best practice as far as possible – advice on this is available from a number of knowledgeable sources, some of which are listed below.

Safeguarding

Safeguarding is a relatively new term which is broader than ‘child protection’ as it also includes prevention. Safeguarding has been defined as:

  • All agencies working with children, young people and their families taking all reasonable measures to ensure that the risks of harm to children’s welfare are minimised; and
  • Where there are concerns about children and young people’s welfare, all agencies taking appropriate actions to address those concerns, working to agreed local policies and procedures in full partnership with other local agencies. (Safeguarding Children (2005), The 2nd Joint Chief Inspectors Report on Arrangements to Safeguard Children.)

Safeguarding children is vital for charities as charity trustees have a duty of care towards the children with whom they have contact. Having safeguards in place within an organisation not only protects and promotes the welfare of children but also it enhances the confidence of trustees, staff, volunteers, parents/carers and the general public. Safeguarding children is beneficial to a charity in many ways – protecting its reputation, helping to effectively meet its objectives and protecting its finances.

The necessity to safeguard children applies both to charities working in the UK and other countries where children may face different or additional risks of abuse or exploitation. These safeguards should include a child protection policy and procedures for dealing with issues of concern or abuse. For the purposes of child protection legislation the term ‘child’ refers to anyone up to the age of 18 years.

The Charity Commissions role

Although the Commission does not administer child protection legislation, it aims to increase public trust and confidence in charities and, as part of the registration process, it always asks organisations working with children for (a) information about the policies and procedures which they have in place for keeping children safe and (b) disclosure of Criminal Record Bureau (CRB) certificates in respect of trustees where the charity is legally entitled to obtain these. We have worked with the National Society for the Prevention of Cruelty to Children (NSPCC) to ensure that this guidance is as relevant, accurate and helpful as possible.

The child protection policy

This is a statement of intent that demonstrates a commitment to safeguard children involved with a charity from harm. The essential inclusions for a child protection policy are outlined below:

  • the welfare of the child is paramount;
  • all children without exception have the right to protection from abuse regardless of gender, ethnicity, disability, sexuality or beliefs;
  • the policy is approved and endorsed by the board of trustees;
  • who the policy applies to (i.e. all trustees, staff and volunteers);
  • children and parents are informed of the policy and procedures as appropriate;
  • all concerns, and allegations of abuse will be taken seriously by trustees, staff and volunteers and responded to appropriately - this may require a referral to children’s services and in emergencies, the Police;
  • a commitment to safe recruitment, selection and vetting;
  • reference to principles, legislation and guidance that underpin the policy;
  • arrangements for policy and procedures review;
  • reference to all associated policies and procedures which promote children’s safety and welfare e.g. with regards to: health and safety, anti-bullying, protection of children online, and photography.

Child protection procedures and systems

Procedures and systems provide clear step-by-step guidance on what to do in different circumstances and they clarify roles and responsibilities. Systems for recording information and dealing with complaints are also needed to ensure implementation and compliance. Child protection procedures should be linked with the Local Safeguarding Children Board’s procedures or the All Wales Child Protection Procedures, as relevant.

The procedures and systems should include:

  • A named person (and deputy) with a clearly defined role and responsibilities in relation to child protection, appropriate to the level at which s/he operates.
  • A description of what child abuse is, and the procedures for how to respond to it where there are concerns about a childs safety or welfare or concerns about the actions of a trustee, staff member or volunteer. Relevant contact details for children’s services, police, health and NSPCC helplines should be available.
  • A process for recording incidents, concerns and referrals and storing these securely in compliance with relevant legislation and kept for a time specified by your insurance company.
  • Guidance on confidentiality and information sharing, legislation compliant, and which clearly states that the protection of the child is the most important consideration.
  • A code of behaviour for trustees, staff and volunteers. The consequences of breaching the code are clear and linked to disciplinary and grievance procedures.
  • Safe recruitment, selection and vetting procedures that include checks into the eligibility and the suitability of all trustees, staff and volunteers who have direct or indirect (e.g. helpline, email) contact with children. In the case of trustees, because of their position within the charity, we take the view that whenever there is a legal entitlement to obtain a CRB check in respect of such a trustee, a check should be carried out. This goes beyond circumstances where the trustee comes into contact with children.
  • A complaints procedure which is an open and well publicised way in which adults and children can voice concerns about unacceptable and/or abusive behaviour towards children.
  • Systems to ensure that all staff and volunteers working with children are monitored and supervised and that they have opportunities to learn about child protection in accordance with their roles and responsibilities.
  • Requirements for trustees, staff and volunteers to learn about child protection in accordance with and as appropriate to their roles and responsibilities.

It is important that each charity’s safeguarding policy and procedures are tailored to the type of contact that the charity has with children and it also needs to take into account any particular vulnerabilities of the children with whom the charity has contact; for example disabled children who are at increased risk of abuse; babies and toddlers who are vulnerable due to their age and dependence on adults;

Guidance and legislation

England

For current guidance on safeguarding, legislation and resources see http://www.everychildmatters.gov.uk/
Two documents are particularly helpful:

  • Working Together to Safeguard Children: a guide to inter-agency working to safeguard and promote the welfare of children (2006) HM Government.
    http://www.everychildmatters.gov.uk/