Safeguarding Policy

Introduction

1.     Everyone who works for use and engages with us has a right to be safe from harm and abuse.

2.     Safeguarding is at the heart of what Albion does. This policy is crucial to delivering a safe and secure environment.

Definitions

1.     We consider children to be those under 18 years of age.

2.     Child abuse is defined as any form of maltreatment of a child. This can be abuse or neglect of a child by inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting, by those known to them or, more rarely, by others. Abuse can take place wholly online, or technology may be used to facilitate offline abuse. Children may be abused by an adult or adults, or another child or children.

3.     Adult abuse is the violation of an individual’s human and civil rights by any other person or persons. We take safeguarding adults to mean upholding the rights of adults to live in safety, free from abuse and neglect. To achieve this, we may take or prompt action to minimise risks, prevent and/or stop abuse and/or neglect.

4.     Our safeguarding arrangements promote the adult’s wellbeing. Being safe is only one of many things that adults want for themselves, and it can be challenging to balance safety and freedom in a way which protects and fulfils human rights. We must work with each adult to establish what being safe means to them and how that can be best achieved.

5.     Safeguarding adults is the term we use to describe all the work we (and others do) to help adults at risk to make their own informed safeguarding decisions and to prompt or take action to protect adults who are not able to protect themselves. The protection of children and adults from sexual exploitation and sexual abuse (PSEA) by our people is included in both definitions.

Policy Statement

1.     We strive to ensure that anyone who engages with us does so in safety. This policy focuses on the people we seek to help in the UK and internationally, directly and through any partners.

2.     We believe all children and adults have a right to be safeguarded and protected from abuse, harm, violence, exploitation, harassment, and discrimination.

3.     We are committed to being transparent in our safeguarding work and strive for the highest standards of safeguarding.

4.     We expect our people, and our partners, to understand their responsibilities, and to know how to respond when they have a safeguarding concern, or a safeguarding concern is raised.

5.     We look to continuously learn from incidents reported to us as part of our efforts to improve and reinforce our safeguarding culture.

Purpose and Aims

1.     This policy supports our efforts to safeguard and protect people who come into contact with us or with the partners with whom we work internationally; to ensure the high standards of behaviour we expect of our people are clear; and that we meet internal and external standards.

Scope

1.     This policy applies to all of our people (staff, volunteers, delegates, and all colleagues working on our behalf); and to our work in the UK and internationally.

Approach

1.     We take a child and person-centred approach to our safeguarding work. This means that the safety and rights of children and adults at risk of harm or abuse are central to how we respond.

2.     We seek to work preventatively and have robust procedures in place to respond to safeguarding concerns effectively. We aim to advance the rights, dignity and wellbeing of children and adults at risk and wherever possible involve and inform individuals about safeguarding decisions relating to them.

3.     We are committed to the highest safeguarding standards throughout all stages of our work. High safeguarding standards help to ensure a culture where exploitation and abuse is not tolerated in any setting, and swift action is taken when a report is made. We are committed to working with our partners, the wider education sector, and public authorities, to support this objective.

Our Commitment to Children

1.     Although Albion will not work directly with children, there may be times when our work will bring staff, volunteers, and partners into contact with this group, recruitment events for example. A such we feel that it is appropriate to make the following statements as part of this policy.

2.     We believe that everyone who comes into contact with a child has a responsibility to safeguard and promote the child’s welfare, and to protect them from all forms of harm and abuse. Child abuse is never acceptable. We accept our responsibility to ensure the safety of all the children who have contact with us.

3.     We believe that children have an equal right to protection irrespective of their gender, disability, ethnicity, sexuality, religion, or age.

4.     The United Nations Convention on the Rights of the Child, as well as relevant UK legislation and applicable international legislation and guidelines, will inform our work with children as appropriate.

5.     We believe that all children have the right to grow up safe from harm without threat to their health, safety, and welfare. Further they should not be prevented from fulfilling their full potential. We will value and respect the children that our work, in all its forms, brings us into contact with. We will listen to children and promote their right to be heard and their right to participate in the decisions that affect them, but we may have to override the wishes of a child or young person if this is necessary to protect a child from (further) harm.

Our Commitment to Adults

1.     We have significant contact with adults, primarily as students, we believe that they all have an equal right to protection irrespective of their gender, disability, ethnicity, sexuality, religion, or age. This policy will be applied to all adults without discrimination.

2.     We will support adults to make their own informed safeguarding decisions in line with this policy and any applicable local, national, and international legislation and protection guidelines.

3.     We use the six safeguarding adult principles to work preventatively, in partnership with the adult and any other safeguarding partners, to respond in an empowering and proportionate way, take or prompt action to protect people who are not able to protect themselves. We are accountable for our safeguarding decision and actions.

Safeguarding Standards

We have five key standards in place for all our safeguarding work:

·        Standard 1: we will respond effectively when our people have safeguarding concerns about a child or adult.

·        Standard 2: we will support and monitor all reported safeguarding concerns, and actively look to learn from how we have handled reported concerns and incidents as part of our commitment to continuous improvement.

·        Standard 3: we take our safeguarding responsibilities seriously and have a consistent approach to agreeing and defining how we meet our responsibilities.

·        Standard 4: we are committed to working with partners to improve safeguarding outcomes with and for the people we support.

·        Standard 5: we seek to recruit, support, and manage staff and volunteers who safeguard children and adults and who will promote and uphold the rights, dignity and wellbeing of everyone we engage with.

To support this commitment, we use the 4Rs approach:

·        Recognise the signs of abuse and be alert to them;

·        Respond appropriately if someone discloses abuse or if you suspect abuse;

·        Respect the wishes of the adult and child at risk wherever possible; and

·        Report concerns and incidents so that they can be dealt with appropriately.

Responsibilities

1.     The Board of Trustees are deeply committed to providing a safe and secure environment for our people and everyone who engages with us and are responsible for ensuring that the organisation has appropriate policies and arrangements in place.

2.     Portfolio responsibility for safeguarding will be held by one of the Trustees until such a time as member of the leadership team is in a position to undertake them.

Behaviour

1.     We expect all of our people to act with integrity as professional representatives of the organisation. We also expect our people to understand how their personal behaviour affects the people who use our services; particularly in the context of working with children and adults at risk. Their own safety and security must be considered, as well as that of their colleagues (staff and volunteers), partners and funders.

2.     Staff and volunteers are expected to act in line with the vision and mission of Albion. In the future we will provide codes of conduct which will clarify the standards of behaviour that we will expect.

3.     We will not tolerate harassment, bullying, abuse, discrimination, exploitation, or violence; and that we have a zero-tolerance policy towards sexual exploitation, sexual abuse, or sexual violence.

4.     Transgressions relating to safeguarding are taken very seriously, and appropriate disciplinary action will be taken. Safeguarding failures will be explicitly mentioned in our disciplinary procedure under gross misconduct. Action taken includes informing relevant authorities, including law enforcement, where appropriate. Our people are expected to look out for and report any concerns about our work or behaviour of our people and/or partners.

5.     Our people who see or experience any abusive or harmful behaviour that does not meet our high standards must report this so that we can act. Behaviour of this kind may be subject to disciplinary measures.

6.     Regardless of the role or team they are a part of, safeguarding is the responsibility of all of our people. We expect our people to take seriously and follow up any safeguarding concern that comes to their attention as soon as possible, to create an environment where individuals feel enabled and supported to come forward with any reports, concerns, or allegations.

Laws and Regulations

1.     As a charity working in the UK and internationally, we work across a range of legal and regulatory jurisdictions.

2.     We take seriously our duty to make referrals to appropriate statutory agencies in the best interests of children and to safeguard adults. In cases involving children we inform law enforcement authorities where we believe a crime has been committed; and consider doing so for adult safeguarding concerns where the safety, welfare and wishes of the adult at risk requires it. We fulfil our duty to report serious safeguarding incidents to our charitable regulator, the Charity Commission of England and Wales.

Monitoring and Compliance

1.     This policy sets out a framework which enables and supports effective safeguarding of the people who come into contact with us, both directly and through our partners.

2.     Our reporting procedure:

3.     In the UK and internationally safeguarding concerns will be reported via a secure internal systems. We will keep sensitive information about safeguarding concerns strictly on a need-to-know basis. Access to safeguarding data is strictly limited to those involved in responding to the concern and those with oversight, governance, and management responsibilities.

4.     Internal audits will include assessments of staff and managers’ knowledge of safeguarding, understanding of safeguarding policies and procedures, and the availability of training records. Also audited will be the related areas of staff and managers’ understanding around safer recruitment and selection practices, raising concerns, duty of candour and capacity legislation.

Training

1.     The objective of our training will be to provide our people with a clear understanding of how to identify the signs of abuse, and to know what to do if they have concerns about the welfare of a child, young person, or adult.

2.     Safeguarding awareness training will be mandatory for all staff, delegates, and volunteers.

Review and Maintenance

1.     This policy was approved by the Board of Trustees in June 2021.

2.     It is next scheduled to be reviewed in June 2023 and will be updated earlier as required.

Appendix 1

Children

Legislation relating to the protection of children is set in different frameworks in the UK.

In England and Wales, the Children Act 2004 creates a duty for the key agencies who work with children to put in place arrangements to make sure that they take account of the need to safeguard and promote the welfare of children. Whilst this duty is aimed at agencies in the statutory sector, we reference this as good practice. The Protection of Children (Scotland) Act 2003 outlines similar voluntary sector responsibilities. Whilst there is no definitive legislative framework conveying similar duties in Northern Ireland it is good practice to adopt a similar approach.

The Social Services Wellbeing (Wales) Act 2014 introduced a duty to report to the local authority if any child is suspected of being at risk or experiencing abuse or neglect.

A mandatory reporting duty concerning Female Genital Mutilation (FGM) exists for all regulated health and social care professionals and teachers in England and Wales to report where they suspect a girl under 18 has had surgery or is at risk of surgery.

Counter terrorism legislation places a duty on public bodies to report to the police where they suspect a person is being radicalised to commit offences.

Internationally, the fundamental rights and responsibilities relating to children are set out in the United Nations Convention on the Rights of the Child. The Inter-agency Standing Committee (IASC) Task Team on Accountability to Affected Populations and Protection from Sexual Exploitation and Abuse aims to foster a culture of accountability and protection from sexual exploitation and abuse at all levels of the humanitarian system. Its work includes the protection of children.

The 2018 Working Together to Safeguard Children Guidance recognises that many voluntary agencies are active in taking steps to safeguard the children they engage with. The guidance states that organisations in the voluntary sector that work with children need to have arrangements in place to safeguard children in the same way as organisations in the public sector. The Sphere Standards and the Do No Harm Standards set standards of protection for affected populations, including child protection and protection from sexual abuse and exploitation, for organisations delivering international humanitarian assistance.

Adults

Definitions of ‘adult at risk’ in the UK

When making a referral to a local authority team (safeguarding adults or adult social care) in the UK, it is important to know before the call is made if the person, you’re concerned about meets the statutory definition of an adult at risk. This definition differs from country to country.

England

The safeguarding duties in the Care Act 2014 apply to an adult who:

•     has needs for care and support (whether or not the local authority is meeting any of those needs); and:

•     is experiencing, or at risk of, abuse or neglect; and;

•     as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.

Northern Ireland

Prevention and Protection in Partnership 2015 defines an ‘Adult at risk of harm’ as a person aged 18 or over, whose exposure to harm through abuse, exploitation or neglect may be increased by their personal characteristics and/or life circumstances.

Personal characteristics may include, but are not limited to age, disability, special educational needs, illness, mental or physical frailty or impairment of, or disturbance in, the functioning of the mind or brain.

Life circumstances may include but are not limited to age, disability, special educational needs, illness, mental or physical frailty or impairment of, or disturbance in, the functioning of the mind or brain. Life circumstances may include, but are not limited to, isolation, socio-economic factors, and environmental living conditions.

Scotland

Adult Support and Protection (Scotland) Act 2007 defines “adults at risk” as adults who:

•     are unable to safeguard their own well-being, property, rights, or other interests;

•     are at risk of harm; and

•     because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.

Wales

Social services and Well Being (Wales) Act 2014 defines an ‘adult at risk’ as: (a) a person experiencing or is at risk of abuse or neglect (b) has needs for care and support (whether or not the authority is meeting any of those needs); and (c) as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.

Adults Legislation

The Adult Support and Protection (Scotland) Act 2007 makes provision for the purposes of protecting adults at risk from harm. The Care Act 2014 (England) sets out a clear legal framework for how local authorities and other parts of the system should safeguard adults at risk of abuse or neglect. Chapter 14 of the Care and Support Statutory Guidance focuses on safeguarding adults. The Social Services and Well Being (Wales) Act 2014 seeks to improve well-being outcomes for people who need care and support and carers who need support.

The aim of the 2015 Adult Safeguarding: Prevention and Protection in Partnership Policy is to improve safeguarding arrangements for adults in Northern Ireland who are at risk of harm from abuse, exploitation, or neglect for the purpose of reducing the prevalence of harm. We follow the standards in this policy.

We comply with the standards set out in the Inter Agency Safeguarding Adults: Adult Protection Policy 2016-18 in the Isle of Man; as well as the safeguarding adults process in Jersey.

The Modern Slavery Act 2015 addresses human trafficking and forced labour and includes support and protection measures for victims.

Capacity Legislation across England, Northern Ireland, Scotland, and Wales

There are three laws across the UK which aim to help protect and safeguard the rights of individuals who may lack capacity to safeguard themselves.

Adults with Incapacity (Scotland) Act 2000

The Act introduced a system for safeguarding the welfare and managing the finances and property of adults (age 16 and over) who lack capacity to act or make some or all decisions for themselves because of mental disorder or inability to communicate due to a physical condition.

Mental Capacity Act 2005 (England and Wales)

An act to uphold the rights of people who lack capacity to make one or more of their own decisions and to inform staff, volunteers, and family carers how they can support people to make their own decisions and what to do when a person cannot make a specific decision at a specific time. The code of practice has valuable lessons to support the understanding and implementation of the Act.

In England and Wales, paid staff have a legal duty to work within the framework of the Act. This applies more generally to everyone who looks after, or cares for, someone who lacks capacity to make particular decisions for themselves. The guidance given in the code of practice will help our people understand the Act and apply it.

Mental Capacity Act (Northern Ireland) 2016

This legislation has wider application than laws in Scotland, England, and Wales. It applies to all acts in connection with persons, treatment, or personal welfare. The act also covers the compulsory assessment and treatment of people with mental disorders.