Safeguarding children, young people and vulnerable adults

2015

  1. Introduction
  • The University of Cumbria Students’ Union (UCSU) recognises that it has a duty of care to take all reasonable steps to safeguard and protect children, young people and vulnerable adults from harm.
  • UCSU also recognises that children and vulnerable groups may be at risk of harm from sources outside the UCSU’s control. Where signs of such harm are apparent, UCSU encourages these to be reported to the appropriate external agency.
  • This Policy applies to all UCSU staff and volunteers in relation to all relevant UCSU activity and provision that may involve regular access to or direct involvement with children, young people and vulnerable adults including but not limited to:
  1. UCSU’sprovision of Advocacy and Information
  2. UCSU staff and volunteers working with Further Education(FE) students(Furness College and Energus),
  3. UCSU Staff and volunteers working with children and vulnerable adults or working/volunteering on Campuses/sites with FE course provision (Furness College and Energus).
  4. UCSU staff working with students on University of Cumbria campuses, who may be under the age of 18.
  1. Definitions
  • For the purpose of this Policy the term ‘child or young person’ applies to a person less than 18
  • A new definition of regulated activity relating to adults is set out in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 as amended by the Protection of Freedoms Act 2012. The definition means “Any adult to whom an activity which is regulated activity relating to vulnerable adults as defined by the Act.” The Act identifies activities which, if any adult requires them, lead to that adult being considered vulnerable at that particular time. The focus is on the activity not the setting or the personal characteristics or circumstances of the adult receiving the activity.
  • There is no requirement to engage in an activity a set number of times. An individual only needs to carry out a defined activity to be engaging in Regulated Activity.
  • Regulated Activity for adults now covers:

i) Providing healthcare (regarding physical or mental health) eg counsellors and therapists

ii) Providing personal care

iii) Providing social work

iv) Assisting with general household matters (bills; shopping etc)

v) Assisting in the conduct of people’s own affairs

vi) Conveying adults to, from, or between places where they receive healthcare, relevant personal care or social work because of their age, illness or disability.

  • Regulated activity relating to children means a person can be engaged in regulated activity because of:

i) What they do (activities)

ii) Where they work (establishment)

iii) Who they are (specified position)

  • Regular unsupervised activities cover:

i) teaching; training; instructing; caring for; supervising

ii) providing advice/guidance on well-being

iii) driving a vehicle solely for children

iv) Regular work in a limited range of establishments (‘specified places’), with opportunity for contact: e.g. schools, children’s homes, childcare premises

v) Relevant personal care – even if done as a ‘1-off’ (ie it does not need not be a

regular activity)

vi) Registered child-minding and foster-caring

  • More broadly, UCSU considers any person, regardless of the above definitions, to be vulnerable if they may particularly need protection against harm and/or need targeted interventions or specialised service input to enable them to access their studies at the University of Cumbria.
  • Safeguarding requires UCSU to take all reasonable measures to ensure that risks of harm are minimised. Where there are such concerns appropriate actions will be taken.
  • Safeguarding children and protecting their welfare involves:
  1. Ensuring that children can grow up in a safe and effective environment.
  2. Preventing impairment of children's health or development.
  3. Protecting children from maltreatment.
  • Safeguarding others at risk and protecting their welfare involves:
  1. Ensuring that wherever reasonably practicable, a safe environment is provided which reduces the risk of harm from abuse, neglect, exploitation or discrimination.
  • UCSU extends the references to vulnerable groups as expressed above and for example this includes, but is not limited to, those individuals who:
  1. May be living away from home; living in an environment with domestic violence or drug misuse in parents/family members;
  2. Living in temporary accommodation; living as migrants.
  3. May be victims of trafficking; unaccompanied asylum-seeking children.
  4. Have disabilities (mental or physical).
  5. Have been subject to bullying and/or abuse.
  6. May be Care Leavers
  7. May be young carers
  8. May be subject to forced marriage
  9. May be vulnerable to radicalisation by extremist groups
  • UCSU operates an external speakers policy and risk assessment procedure
  • In this policy, the following definitions apply:
  1. Harm: ill treatment or the impairment of health or development including, for example, impairment suffered from seeing or hearing the ill treatment of another.
  2. Significant harm: refers to the threshold that justifies referral to the appropriate external agency as set out in the accompanying UCSU Reporting Disclosure and Concerns Procedure.
  • Relevant factors in deciding whether harm is
  1. The term Significant include: the severity of ill-treatment, the degree and extent of harm, and the duration and frequency of abuse and neglect.
  2. Development: physical, intellectual, emotional, social or behavioural development.
  3. Health: physical or mental health.
  4. Ill-treatment: includes sexual abuse and forms of ill-treatment which are not physical.
  5. Financial abuse: coercing or using influence over an adult someone who is in a broad sense vulnerable for financial gain
  1. Minimising risk of harm
  • Safeguarding is everyone’s responsibility and safeguarding activities should be co-ordinated and put the vulnerable individual at the heart of the process.
  • UCSU Staff recruitment: Where applicable, staff will be required to undertake DBS procedures and disclosures.All posts involving regulated activity require DBS disclosures. This is outlined in the UCSU Recruitment Policy. Up to date guidance on Regulated activity (adults), as defined by the Safeguarding Vulnerable Groups Act 2006 from 10th September 2012 and Regulated Activity in relation to children (defined in the Safeguarding Vulnerable Groups (SVG) Act 2006 and the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, both as amended (in particular by, respectively, section 64 and Schedule 7, Protection of Freedoms Act 2012). This guidance should be consulted in relation to DBS requirements during all recruitment. The Guidance is saved in the relevant folders on UCSU’s internal shared drive.
  • UCSU Volunteers: Where applicable, volunteers will be required to undertake DBS procedures and disclosures.All voluntary positions involving regulated activity require DBS disclosures. Up to date guidance on Regulated activity for adults and children should be consulted as above.The Guidance is saved in the relevant folders on UCSU’s internal shared drive.
  • UCSU Information and Advocacy service - whilst this does not provide counselling or other support specifically to groups of vulnerable adults, we may be in a position to signpost students to University and External sources of support through this service with consent from the student.The UCSU Information and Advocacy service has its own policy that states that information may be passed on if the individual is at significant harm from themselves or to others.
  • Proactive policies and procedures: e.g. UCSU has staff handbook that includes staff grievance and disciplinary procedures, appropriate use of IT and Social Media, the UCSU Equality Framework, Health & Safety policy, UCSU complaints procedure; staff and volunteer recruitment procedures taking account of DBS requirements,; Groups and Societies disciplinary procedures/ code of conduct and proactive relationships with local police and fire service.
  • The Students’ Union will take reasonable steps to establish that those whose work or volunteering involves contact with children, young people or vulnerable adults do not present an unacceptable risk tothe safety and well-being of those individuals or groups, including those relating to student groups activities
  • The safeguarding of children, young people and vulnerable adults will be considered within risk assessments as appropriate. Prompt on risk assessment around vulnerable groups and children. Mitigation – no one to be alone as a standard mitigation, student group activity should be risk assessed.
  1. Reporting
  • All suspicions and allegations of abuse or inappropriate behaviour will be taken seriously by the organisation and responded to appropriately. All staff and volunteers will be made aware of the organisations commitment to safeguarding and of what to do if a concern arises.
  1. Reporting incidences and raising concerns
  • It is not the responsibility of individual members of staff to investigate or make judgments on suspected instances of risks of harm to the welfare of a child or vulnerable adult. That is a matter for the relevant external agencies, or, in appropriate cases, UCSU, as described in the UCSU Procedure for reporting disclosures and concerns.
  • All complaints, allegations or concerns will be taken seriously and staff and students are encouraged to report concerns at the earliest opportunity.
  • Referral to external agencies: UCSU is required to report to a range of external bodies should a staff member leave UCSU through reasons, for example, of misconduct or unsuitability to work with children or vulnerable adults (ie: Disclosure and Barring Service (DBS) and relevant professional bodies.)
  • Reporting to the DBS will normally be carried out by the UCSU Chief Executive Officer (CEO).
  • Additionally, liaison with and referral to external agencies, such as Children’s Services, Social Services and/or the Police, may be required on receipt of a disclosure.
  • UCSU encourages a responsible and transparent approach to working with children and vulnerable groups and will promptly respond to all concerns raised under this Policy and Procedure.
  1. Confidentiality
  • UCSU staff and volunteers are expected to ensure that information relating to safeguarding is passed to the appropriate person at UCSU or to the relevant external authority. However, only those who need to know will be informed of an incidence or concern.
  • UCSU may be required to report to external regulatory and professional bodies and reserves the right to breach confidentiality where there is a serious risk, evidence or suspicion of a serious risk of harm to self or others or disclosure is in the public interest.
  • UCSU is committed to complying with the requirements of Data Protection legislation and regulations and any personal data created as part of this policy will be processed in accordance with UCSU’s Data Protection policy and data sharing agreement with the University of Cumbria. This includes ensuring that data is held securely, is not disclosed unlawfully and is destroyed when no longer needed.
  • UCSU also aims to ensure that users of this policy are aware of Data Protection, Freedom of Information and Records Management issues associated with this policy.
  1. Roles and Responsibilities
  • Safeguarding Officers - offer an initial point of contact, should any student or staff member have safeguarding-related concerns. UCSU’s Safeguarding Officers will receive University of Cumbria safeguarding training and are:
  1. The Student Support and Information Manager
  2. The Student Opportunities Manager
  • The UCSU Safeguarding Officers will:
  1. Act as a source of support, advice and expertise when staff, volunteers or members have a concern about possible risk or harm
  2. To refresh training within their the staff team when required
  3. To support all staff safeguarding training and awareness raising
  4. To keep detailed, accurate records of any safeguarding matters and to store them securely
  5. Take advice as necessary from external bodies
  6. Refer to external bodies as and when necessary
  7. Have representation on the University of Cumbria’s Safeguarding Steering group
  8. Receive University of Cumbria Safeguarding Officer Training
  9. Gain DBS clearance
  1. Equality, Diversity and Inclusion and Equality Assessment Statements
  • The Equality Act 2010 covers the “protected characteristics” of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief (including lack of belief), sex and sexual orientation.
  • UCSU has an Equality Framework
  • This policy and its implementation will be monitored, as appropriate, in line with relevant legislation for its impact on different equality groups. This process will provide a check on whether there are any differences and allow UCSU to assess whether these differences have an adverse impact on any particular group such that appropriate action is taken.
  • This Policy will be kept up to date and annually reviewed to ensure that any changes in legislation or guidance are taken into account.

Failure to comply with this policy could lead to serious harm to others, non- compliance with our legislative requirements, reputational damage etc.

Relevant legislation:

  • Education Act 2002 (Every Child Matters; January 2007)
  • “No Secrets” guidance published in relation to vulnerable adults by the Department of Health
  • Safeguarding Vulnerable Groups Act 2006
  • Independent Safeguarding Authority (ISA)
  • Working Together to Safeguard Children (March 2013),
  • Children’s Act (2004),
  • the Safeguarding Vulnerable Groups Act (2006)
  • The Protection of Freedoms Act (2012) which introduced some changes to requirements in relation to disclosure and barring.
  • Guidance on regulated activity with children and Vulnerable adults:

Relevant UCSU Policy and Procedures

  • Staff Handbook
  • Staff Disciplinary and Grievance Procedures
  • Whistle Blowing Procedure
  • Staff Recruitment Policy
  • Data Protection Policy
  • UCSU/UoC Data Sharing Agreement
  • UCSU Equality Framework

Date for Review August 1st 2016