Sts/07/07
LANCASTER UNIVERSITY
policy for safeguarding children and vulnerable adults
1. principles:
1.1 Over the past few years there has been an increasing amount of concern around the issue of child safety which is reflected by a range of legislative and procedural change. Although higher education institutions are not directly covered by the statutory duty to safeguard and promote the welfare of children[1], legal advice is that they nevertheless owe an enhanced duty of care to those under 18s with whom they come into contact, and Government is increasingly looking to HEIs to ensure the development of practices similar to those required of FEs in order to safeguard those under 18 in Higher Education.
1.2 Lancaster University is committed to practice that protects children and young people from harm, and others who may be more vulnerable, potentially, for some reason (e.g. some students with disabilities). This Policy sets out the mechanism by which the University intends to fulfil that commitment.
1.3 The University believes that in the interests of good practice there should be a policy and associated practices/guideline to safeguard those under-18 and those adults who come into contact with them. In addition this policy should be extended to cover vulnerable[2] adults who are studying at the University.
2. legislation/guidance:
2.1 There are numerous pieces of legislation/Guidance which provide the foundation for action which needs to be taken to safeguard young children, and in particular young children within the education environment, and which could be applied to HEIs and which HEIs would be expected to take into account, including:
· The Children Act 1989: a key principle of which is that the welfare of the child is paramount. The Act places certain responsibilities on local authorities.
· The Data Protection Act 1998: provides pathways for sharing information
· Protection of Children Act 1999: places a statutory requirements on defined ‘child care organisations’ to check the names of individuals applying for child care position. The act also encourages ‘other organisations’ to apply the provisions of the act
· Education Act 2002: Section 175 places a duty on bodies of further education to safeguard and promote the welfare of young people. The legislation does not included HEIs, but legal advice is that we will have an enhanced duty of care to registered students under 18.
· Sexual Offences Act 2003: introduced a range of new offences, including that of ‘abuse of trust’.
· Safeguarding Children in Education [DfES Guidance 2004]: provides a framework for educational establishments to discharge their duty to safeguard children; again HEIs are not named in this report, but it does provide some useful guidelines to be considered when meeting our ‘enhanced duty of care’.
· Aimhigher..Aimsafer: A framework for Safeguarding children and Young People in Higher Education Institutions 2005 – [Londonhigher, Aimhigher, NSPCC and Roehampton University]
· Working Together To Safeguard Children [DfES 2006]
· What To Do If You’re Worried A Child Is Being Abused (DoH et al, 2003)
· Human Rights Act 1998
· Lancashire Safeguarding Children Procedures" (2006).
· Safeguarding Vulnerable Groups Act 2006
· Safeguarding Children and Safer Recruitment in Education [DfES 2006]
3. those covered by this policy
3.1 Those under-18 and vulnerable adults interact with many areas of the University, including but not limited to:
· Courses offered through the School of Life Long Learning and Widening Participation,
o Summer Schools, National Academy for Gifted and Talented Youth;
· Lancaster University Volunteering Unit;
· Conference Centre;
· Social Work placements;
· Medical student placements;
· Centre for Sports and Physical Education;
· Taster Days;
· Under-18 students on full degree courses
· Work Experience
· Research with children e.g. in Psychology
3.2 This list is not exhaustive and will change from time to time.
3.3 The Pre-School Centre on campus is covered by comprehensive child protection policies in accordance with Ofsted requirements.
3.4 Faculties/departments/Services will be responsible for assessing their own safeguarding measures, but are encouraged to contact the University’s Designated Officer (Head of Student Support Services) for advice and/or examples of good practice.
3.5 Any action will be proportional to the specific areas; for example the requirements on the Pre-School Centre, where the burden is heavier because of the age of the children, or Department of Continuing Education, who assume a responsibility for the care and welfare of children for the duration of courses, will be greater than those on LUVU or departments where ultimate responsibility for the safeguarding the welfare of children is likely to remain with the schools.
4. staff responsibilities and procedures
4.1 All University staff are in a position of trust, in particular those who teach, support and guide or in any way interact with students. It is important that we are all aware of this and act accordingly at all time.
4.2 Attention is drawn in particular to the Sexual Offences Act 2003 which introduced the notion of ‘abuse of trust’ and which has made it a criminal offence for an adult to engage in any kind of sexual activity with a child (a person under 18) where the adult is in a position of trust. [See Appendix 2]
4.3 Recruitment and selection procedures already include Criminal Record Bureau checks for staff and students working directly with children or vulnerable adults, including Department of Continuing Education, Counselling Service, nursing staff, Sports Centre and the Pre-School Centre, Porters, and Security.
4.4 There will, however, be other areas of the University where staff are engaged in providing pastoral/welfare support or will be in position of particular trust, e.g. Student Support staff, Assistant Deans, college administrators and the University is committed to ensuring that staff working with children undertake Criminal Record Bureau checks proportional to the role, repeated at three yearly intervals confirming their suitability to work with those under 18 years of age..
4.5 In accordance with guidance from Aimhigher.. Aimsafer and the Lancashire Safeguarding Children Board (LSCB) the University has appointed a Designated Safeguarding Officer (Head of Student Support Services) to be the lead and co-ordination on child protection issues, working with the Head of Personnel Services and Deputy Head of Student Support Services to provide cover on safeguarding issues.
4.6 Faculties/Departments/Services are asked to seek advice from the University’s Designated Safeguarding Officer where they conduct activities which involve interaction with children.
4.7 It is important that all staff contact the Designated Safeguarding Officer or other designated person (see 4.5) if they have any reason to believe that anyone covered by this policy is at risk of or may be suffering abuse, either at the University, or elsewhere , e.g. at home. [Appendix 3: Signs and Symptoms of possible abuse].
5. action to be taken
5.1 In cases where a situation of risk involves a person under 18 the Designated Safeguarding Officer or other designated person (see 4.5) will seek advice from Lancashire’s Child Protection Officer (Education) and/or Children’s Social Care (formerly Social Services). It is important to be aware that it is not possible to keep secrets or offer confidentiality to a person under 18 as any disclosure must be reported. [Appendix 3: Dos and Don’ts]
5.2 Where the concern involves a vulnerable adult, the Designated Officer will consult with the Disabilities Service Manager and other relevant staff in ensure the most appropriate course of action. In a wider context the University has a responsibility to ensure appropriate support measures for vulnerable adults and any concerns that a vulnerable adult may be unsupported should be discussed with the Disabilities Service Manager or the Head of Student Support Services.
5.3 The Designated Safeguarding Officer will ensure that secure records are kept of all incidents and are held in accordance with the Data Protection Act and related legislation
6 allegations of abuse or inappropriate behaviour involving staff
6.1 Allegations involving a member of staff and a person under-18 should be reported to the Head of Personnel (or designate) and to the Designated Safeguarding Officer, who will follow agreed procedure in a) seeking advice from Lancashire’s Child Protection Officer (Education) and/or Children’s Social Care Services and b) any action to be taken in relation to the staff member.
7. Training
7.1 The University is working to ensure that the Designated Safeguarding Officer, anyone authorised to deputise on his/her behalf, and other staff likely to be in regular contact with under-18s receive appropriate training/awareness raising, to be defined in according with advice provided by Lancashire’s Child Protection Officer (Education), and to include signs and symptoms of abuse [see Appendix 2]
7.2 The University will provide information to raise awareness to ensure that staff have an awareness of signs of possible abuse and an understand what to do if anyone covered by the policy discloses abuse or any other protection issue.
Student Support Services
May 2007
with acknowledgements to colleagues in HE sector and
Child Protection Officer from The Lancashire Safeguarding Children Board
Appendix 1
The Sexual Offences Act 2003
http://www.opsi.gov.uk/ACTS/acts2003/20030042.htm
The Sexual Offences Act seeks to protect children and defines a child as anyone under the age of 18. In the educational environment the Act applies to any adult, in a position of trust, regularly involved in teaching, managing or supervising a ‘child’ in an unsupervised situation.
The Act applies to all staff, whether on substantive or sessional contracts, with the exception of postgraduates, (excluded under the Act because they are receiving an education at the University).
The definition of a ‘child’ includes students and staff under the age of 18, including for example Summer School students, work placements and casual staff.
Whilst a young person can consent to sexual activity once they reach the age of 16, under the Act it is a criminal offence for an adult in a position of trust in relation to a child under 18 to:
· Engage in sexual activity with that child. Sexual activity is described as touching of a sexual nature and therefore would include, for example kissing.
· Cause or incite a child to engage in sexual activity
· Engage in sexual activity in front of a child
· Cause a child to watch a sexual act. This would include displaying sexually explicit or pornographic material.
A position of trust applies if an adult is ‘regularly involved in caring for, training, supervising or being in sole charge of’ persons under 18.
The sole reasonable defence will be that the adult had a reasonable belief that the child was in fact 18 or over.
In sexual relationships which pre-date the position of trust:
· Conduct which might otherwise be an offence under the Act is not an offence if immediately before the position of trust arose, a lawful sexual relationship existed between the adult and the child.
· In any proceedings an adult would be required to prove that such a relationship existed at that time.
Appendix 2
(Provided by the Lancashire County Council Child protection officer)
Signs and Symptoms of Possible Abuse
Lists of signs and symptoms are not failsafe mechanisms and should not replace the need for training, but they are often helpful indicators, in certain combinations, of the likelihood or reality of abuse. Children may behave strangely or appear unhappy for many reasons as they move through the stages of growing up, and their families experience changes:
· Remember that there can be other explanations for a child showing such signs or behaving in such ways, particularly children with disabilities and/or complex needs.
· There is a good deal of overlap between the signs and symptoms of the different types of abuse, particularly between emotional and other types of abuse.
In relation to children with disabilities, some specific factors need to be considered:
v Spontaneous disclosures of abuse are likely to be rare, particularly among children using augmentative communication systems. Even when a child is prepared to tell, communication difficulties and adult/professional myths / stereotypes may underpin an inappropriate response. (Also issues around how CSA works – barriers etc)
v Information from other children has previously tended to be ‘underrated’; this needs to be taken very seriously. (Marchant & Page, 1992)
Signs and symptoms are not fundamentally different for disabled children although these may be subtle and perceived only in retrospect and they may be more confusing as, potentially, there are more possible explanations.
If faced with a child about whom you have a concern, ask yourself
□ Am I familiar with what should be expected, developmentally, of any child of this age?
□ Do I understand how any disability or impairment impacts upon their development?
□ Am I wrongly attributing developmental delay or certain behaviour(s) to impairment or disability when they might indicate something else (e.g. possible abuse)?
Possible signs of abuse
Possible signs of emotional abuse
· continual self-deprecation
· fear of new situations
· inappropriate emotional responses to painful situations
· self-harm or mutilation
· compulsive stealing or scrounging
· drug or solvent abuse
· “neurotic” behaviour – obsessive rocking, thumb-sucking, and so on
· air of detachment – “don’t care” attitude
· social isolation – does not join in and has few friends
· desperate attention-seeking behaviour
· eating problems, including over-eating and lack of appetite
· depression, withdrawal
Possible signs of neglect
· constant hunger, tiredness
· poor personal hygiene
· inappropriate clothing
· frequent lateness or non-attendance at school etc
· untreated medical problems
· low self-esteem
· poor social relationships
· compulsive stealing or scrounging
Possible signs of sexual abuse
· bruises, scratches, burns or bite marks on the body
· scratches, abrasions or persistent infections in the anal or genital regions
· sexual awareness inappropriate to the child’s age – show for example in drawings, vocabulary, games and so on