Introduction:
Leuchie aims to ensure the protection of all children and young adults who work, visit and volunteer and use their services and to give staff and volunteers clear guidelines on working with and supervising them.
Scope:
Definition of a Child
Child Protection Procedures apply to children and young people who have not yet reached their 16th birthday. (Procedures also apply to young people with additional support needs which may place them at increased risk, up to 18 years as defined in the Children (Scotland) Act 1995.)
Definition of Abuse
Child Abuse as defined in Scottish Office guidance refers to circumstances where a child’s basic needs are not being met in a manner that is appropriate to his/her individual needs and stage of development and the child is, or will be, at risk through avoidable acts of commission or omission. Abuse has also been defined as the wrongful application of power by someone in dominant position. Whether abuse occurs in institutions or in the home, it involves the elements of a power imbalance, exploitation and the absence of full consent. It also involves acts of omission and commission.
This policy and the related procedures have been drawn up in accordance with current legislation and principles derived from the following:
- Legislation outlined in annexe C of Protecting Children and Young People: Framework for Standards (Scottish Executive March 2004)
- The Children (Scotland Act) 1995
- United Nations convention on the Rights of the Child, ratified by the UK Government in 1991
- Protecting Children and Young People: The Charter (Scottish Executive March 2004)
- Protecting Children and Young People: Framework for Standards (Scottish Executive March 2004)
- Protecting Children – A Shared responsibility – Guidance on Inter–Agency Co-operation (Scottish Office 1998).
- It’s Everyone’s Job to make sure I’m alright Scottish Executive, November 2002.
- Protection of Children (Scotland) Act 2003
- Additional Support for Learning (Scotland) Act 2004.
- Adult Support and Protection (Scotland) Act 2007.
- HMIE (2008) Safeguarding Policy, Procedures and Guidance.
- The Human Rights Act 1998.
- Adults with Incapacity (Scotland) Act 2000.
- The Protection of Vulnerable Groups Scotland Act 2007
The following legislation has also played a significant role in shaping approaches in safeguarding:
- The Age of Legal Capacity (Scotland) Act 1991
- The Children (Scotland) Act 1995
- The Police (Scotland) Act 1997
- The Data Protection Act 1998
- Sexual Offences (Amendment) Act 1998.
Children/Young Adults at Leuchie
At Leuchie children are not regular users of the service. The service is registered as an adult service and therefore not used by those under the age of 16 with a long-term neurological condition. If a child is staying at Leuchie staff will be informed prior to the arrival of the child on the premises. When a booking is made that involves a child staying the booking will only be made if the child is being accompanied by an adult other than the adult booked as the guest (an adult other than the one who has a long-term neurological condition).
Children may visit Leuchie House to visit relatives.
Leuchie House has volunteers and school work placement students who are aged 15 years upwards. In line with Leuchie’s volunteering policy young volunteers are required to have the written permission of their parents prior to commencing a role at Leuchie. Young volunteers will be allocated duties which have been risk assessed in advance and are under the direct supervision of a staff member.
All staff and volunteers at Leuchie undergo an enhanced disclosure check.
Code of Conduct for Children and Young Adults
- Employees are not permitted to enter into agreements with a child or young person to keep disclosed information secret about their personal life, but should inform the young person they are obliged to inform an appropriate member of the management team if a disclosure is made. It is then the duty of the Head of Care of Leuchie to contact the relevant organization, if in the best interest of that child or young person and those around them, e.g. the police or social services.
- It is not acceptable for employees to use personal computer accounts to make “friends” with children or young people they have contacted via their work at Leuchie on social networking sites such as Facebook and Instagram.
- It is unacceptable for an employee to invite a child or young person they are working with to spend time alone together offsite in activities not directly related to the work of Leuchie.
- When assigning a task to a child or young person, employees should make sure that he/she has fully understood their instructions.
- Staff, children and young people should be treated with respect at all times, as well as respecting the environment in which they are working and its contents
- Employees should never place themselves in a secluded one-to-one situation with a child or young person. Employees finding themselves in one-to-one situations should move both parties to a public space as soon as possible.
- Employees should encourage participation but not force any child or young person to do something they may feel uncomfortable with for whatever reason (i.e. physical disability, religion, etc…)
- Employees should respect the physical and emotional health of the children or young people they are working with.
Addressing Child Protection Incidents/Concerns
Any incidents relating to the Care of Children and Young People will be taken seriously by Leuchie Management.
It is the responsibility of employees to pass on any concerns with regards the mental or physical health of children and young people they’ve worked with to the Head of Operations of Leuchie House.
If an employee has reason to suspect a child or young person is experiencing physical, sexual, or emotional abuse or neglect this must be reported in the first instance to the most senior person on Duty at the time.
If an employee has reason to suspect a colleague of causing physical, sexual or emotional abuse or neglect, this should be reported to the Chief Executive of Leuchie House.
If an employee feels uncomfortable about approaches made to him/her by a young person he/she should discreetly make the young person aware of their discomfort. If the situation persists, the employee should inform the management of Leuchie.
All reported incidences will be documented fully and all records will be kept in a secure way for the legally required period of time by the management of Leuchie.
Policy Review
This policy will be reviewed after 2 years or following an incident or change in legislation.