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Safeguarding adults, young people & children policy
Who owns this policy? | Head of Housing Services |
Who approved this policy? | Leadership team |
Issue date | July 2024 |
Next review date | July 2027 |
1. Introduction
1.1 B3Living operates a zero tolerance approach to forms of abuse and acknowledges that is has a legal and moral responsibility to protect children and adults from abuse, neglect, and harm. The association is committed to working with statutory agencies to ensure the safety and wellbeing of its customers, and non-customers within the locality.
1.2 Safeguarding means protecting a person’s right to live in safety, free from abuse and neglect. The Care Act 2014 and The Children Act 2004 makes it clear that safeguarding is everyone’s responsibility and that all professionals must work in partnership.
1.3 This policy draws on the relevant legislation and guidance on safeguarding and sets out the associations aims, role and responsibilities for ensuring effective safeguarding in partnership with other agencies. It includes:
► B3Living aims & objectives.
► B3Living responsibility and the responsibility of others
► Definitions of safeguarding and those who may be at risk.
► Types of Abuse, who and where
► How B3Living may be involved in the prevention of abuse
► How B3Living will share information and work with others
2.1 The aim of this policy is to
► Specify the steps B3Living will take to protect its residents from all forms of abuse.
► To ensure that all colleagues and representatives are aware of the actions they should take if they have concerns about the possible abuse of a vulnerable customer.
► To outline how B3Living will respond, record, and monitor instances of abuse and clarify information sharing.
2.2 B3Living objectives are to work within the framework of the six principles that underpin safeguarding.
2.2.1 Empowerment:
► Ensure customers are being supported and encouraged to make their own decisions and informed consent. Give information in the right way at the right time.
► Develop and a person-centred approach the places our customer at the centre of the service we deliver.
2.2.2 Prevention:
► Regularly remind colleagues about how to identify early warning signs of safeguarding issues, it is better to act before harm occurs
2.2.3 Proportionality:
► Provide the least intrusive response appropriate to the risk presented.
► Act swiftly and treat all reported concerns in good faith and assess the risks
2.2.4 Protection:
► Support those who are at risk or have been abused/harmed
► Take all reasonable steps to ensure the safety and well-being of
customers, in consultation with relevant authorities.
2.2.5 Partnership:
► Develop strong relationships with local authorities and other
safeguarding partners to find local solutions via services within the
community.
2.2.6 Accountability
► Demonstrate accountability and transparency in delivering safeguarding training to all colleagues.
► Appoint a safeguarding lead who is responsible for operational delivery of the policy and procedure.
3.1 The Care Act 2014 defines safeguarding adults as protecting their right to live in safety, free from abuse and neglect and promoting wellbeing. It is aimed at people with care and support needs who may be in vulnerable circumstances and/or at people thought to be at risk of harm, abuse, neglect, or exploitation.
3.2 The Care Act 2014 states that organisations should not limit their view of what constitutes abuse or neglect, as they can take many forms and the circumstances of the individual case should also be considered.
3.3 Safeguarding duties apply to an adult who:
► Has need for care and support.
► Is experiencing, or at risk of abuse or neglect.
► As a result of these care and support needs is unable to protect
themselves from either the risk or the experience of abuse/neglect.
3.4 All colleagues must ensure they are particularly vigilant to adults who maybe
more at risk of abuse because they are:
► Elderly or frail
► Have a physical disability, sensory impairment, or long-term support
need.
► Have a mental health condition.
4.1 A Child is anyone who is under the age of 18, a young person or care leaver is anyone over the age of 18 but is still receiving support from children services.
4.2 In the government guidance Working together to Safeguard Children 2023 safeguarding and promoting the welfare of children is defined as:
► Protecting children from maltreatment
► Preventing impairment of children’s health and development
► Ensuring that children are growing up in circumstances consistent with the provision of safe and effective care.
► Taking action to enable all children to have the best outcomes.
4.3 The guidance also stipulates that housing providers have an important role to play in safeguarding vulnerable young people, including young people who are pregnant, leaving care or a secure establishment.
4.4 Section 11 of the Children Act 2004 places duties on a range of organisations, agencies, and individuals to ensure their functions and services are effective to safeguard and promote the welfare of children.
4.5 Providing early intervention is crucial in safeguarding children and requires all colleagues to understand their role in identifying emerging problems and sharing information with other professionals.
4.6 All employees must ensure they are vigilant to the potential needs for early intervention for a child who:
► Is disabled and have specific additional needs.
► Has special educational needs.
► Is a young carer.
► Is showing signs of engaging in ASB or criminal behaviour.
► Is in a family circumstance presenting challenge for the child, such as substance abuse, mental health or domestic violence.
5.1 Abuse is something that is done to another person that harms them in some way. Incidents of abuse may be one-off or multiple acts over time.
5.2 Repeated incidents of poor care may be an indication of a more serious problem.
Professionals and others should look beyond single incidents to identify patterns of harm. To see these patterns, it is important that information is recorded and appropriately shared.
5.3 Abuse can take several forms and may include one or more of the following:
► Physical Abuse: Causing someone physical harm – for example by
hitting, slapping, pushing, kicking, restraining someone inappropriately or depriving them of liberty, misuse of medication, causing someone to be burned, scalded or controlling what someone eats.
► Sexual Abuse: Sexual acts to which a person has not or cannot give
consent to which they have been pressurised into. For example,
inappropriate touching, using of sexualised language, indecent exposure, assault.
► Psychological Abuse: Causing someone mental and emotional distress by using threats of harm or abandonment, causing humiliation,
harassment, verbal abuse.
► Financial Abuse: Taking money, goods, or property without permission, this can include theft, fraud, exploitation or putting pressure on someone to make a will. Transfer the ownership of property.
► Neglect: Failure to provide access to services to meet a person’s health, social care, or education needs or withholding the necessities of life such as medication, food, and heating
► Discriminatory Abuse: Treating someone in less favourable way and
causing them harm, because of their age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
► Domestic Abuse: The abuse of an individual within an intimate or family relationship. It is the repeated, random, and habitual use of intimidation to control a person. The abuse can be physical, emotional, psychological, sexual, financial or ‘honour’ based violence.
► Organisational Abuse: Where services fail to recognise the right of
customers and offer poor quality of care or condone ways of working that cause harm.
► Self-Neglect: Any failure of an adult to take care of themselves that
causes or is likely to cause serious physical, mental or emotional harm or substantial damage to the loss of assets, for example hoarding.
► Modern Slavery: A global problem that transcends, age, gender, and
ethnicities, including here in the UK. It can include victims who have been brought from overseas and people in the UK who are forced to illegally work against their will in many different sectors such as brothels, cannabis farms, nail bars and agriculture. Abuse can be either physical, emotional, psychological, financial, and sexual.
► Abuse involving colleagues: There may be exceptional instances when a colleague is involved in the abuse of a vulnerable resident. All olleagues take responsibility to report any concerns immediately via B3Living Whistleblowing policy.
► Online Abuse: Online abuse is a type of abuse that takes place on the web, whether through social media, playing games or online forums
5.4 In addition, the following forms of abuse can apply to children:
► Child exploitation: Child sexual exploitation is a type of sexual abuse in which children are sexually exploited for money, power, or status.
► Female Genital Mutilation (FGM): This is the partial or total removal of the external female genitalia for non-medical reasons. The Female
Genital Mutilation Act 2003 makes it illegal to practice FGM in the UK or take girls who are British nationals or permanent residents of the UK
abroad for FGM procedures.
► Bullying or cyberbullying: Bullying can happen anywhere – at school, home or online causing physical and emotional harm.
► Child trafficking: A type of abuse where children are recruited, moved, or transported and then forced to work or sold.
► Grooming: Children and young people can be groomed online or in the real world, by a stranger or by someone they know. For example, by a family member, friend or professional.
The examples given above are not exclusive or exhaustive. For further guidance on indicators of abuse refer to appendix A
5.5 Who Abuses Adults and Children: Anyone can abuse an adult or child
- Partners
- Friends or neighbours
- Other users of a service
- Someone who provides a health or social care service
- Volunteers
- Strangers
- Relatives
5.6 Mostly abusers are people already known to the adult or child, but some people will deliberately exploit or harm individuals who they see as easy targets.
5.7 Where can the abuse take place: Abuse can take place anywhere
- Persons own home
- Friends or relatives’ home
- Hospital
- Care home
- Day service
- Educational establishments
- Public place
6.1 Safeguarding issues may be brought to the attention of colleagues directly by customers, neighbours, contractors, or other agencies in contact with B3Living customers and their families. In addition, housing management entering customers’ homes to carry out visits, repairs, inspections, or interviews may encounter situations causing concern for someone’s welfare. Refer to indicators of abuse Appendix A
6.2 B3Living will ensure that all colleagues are trained to identify the wide range of circumstances in which potential victims of neglect or abuse may present and will provide guidance and appropriate safeguarding procedures for all colleagues to ensure the appropriate reporting, management and referrals are understood when there are concerns of abuse / neglect.
6.3 B3Living will highlight the roles of local agencies who are committed to the prevention of abuse and encourage members of the community to report suspected abuse to either B3Living or relevant agencies.
6.4 During our procurement process B3Living will ensure that contractors provide their safeguarding policy and procedures or agree to follow B3iving Safeguarding Procedure. This is to ensure what we are satisfied that arrangements are in place for their staff who may visit our customers within their homes.
6.5 B3Living contract managers will ensure that contractors who visit our customers within their homes have the relevant DBS/ DBS enhanced checks.
6.6 HR will ensure that all relevant colleagues have the required DBS/ DBS enhanced checks and that all managers are aware of the renewal process and when they are due.
7.1 Colleagues may have access to confidential information about our customers to undertake their responsibilities. These details must be kept confidential and only shared when it is in the best interest of our customer.
7.2 Confidentiality must be discussed with all customers before any assessment or support work can take place.
7.3 Customers must be made aware that B3Living are committed to upholding confidential working practices however if anyone is at risk of harm then this will be shared with the relevant services.
7.4 Colleagues should seek advice from their manager or safeguarding lead (Head of Housing) if they are in any doubt about sharing information they hold, or which has been requested of them.
7.5 When it comes to reporting safeguarding concerns, Data Protection should not be a barrier to information sharing.
7.6 The important statutory duties in relation to safeguarding a person at risk cannot be met without effective and appropriate sharing of relevant information, some of which may normally be regarded as confidential.
7.7 In making decisions about sharing information, the safety and needs of our customer must be the primary consideration. Information can be disclosed without consent where there are well-founded concerns that disclosure is necessary to:
► Safeguard a particular child - including disclosure of information about an adult who may pose a risk of significant harm to a child or children
► Prevent a criminal act taking place or where seeking consent would
interfere in criminal enquiries
► Prevent harm to colleagues
► Prevent an adult/child being at increased risk of harm.
7.8 No single professional can have a full picture of our customers’ needs and circumstances so effective sharing of information between practitioners, local organisations and agencies is essential for early identification of need, assessment, and service provision to keep customers safe. Missed opportunities to record, understand the significance of, and share information in a timely manner can have severe consequences for a person at risk.
7.9 B3Living will be proactive in sharing information as early as possible to help identify, assess, and respond to risks or concerns about the safety and welfare of customers. Decisions on what information is shared and with whom will be taken on a case-by-case basis. Where information is shared with or without consent
the information should be
► Necessary for the purpose it is being shared.
► Shared only with those who have a need for it.
► Accurate and up to date
► Shared accurately
► Shared securely.
7.10 B3Living recognise that safeguarding is achieved through good joint working and understand the importance of cooperating with the police and/or local authority to help them protect, investigate, and deter abuse. We are committed to work in partnership to achieve our aims and legal requirements.
8.1 This policy will be operated in line with B3Living’s Data Protection policy which sets out B3Livings commitment and approach to data protection.
8.2 The storing and processing of personal information about adults, children and young people is governed by the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) 2018. Under the new GDPR regulations customers have the right to:
► Be informed about the collection and use of their personal data.
► Be provided with information including: B3Living purposes for
processing their personal data, retention periods for that personal data,
and who it will be shared with.
► Be provided with privacy information (privacy notice)
► The data collected must be concise, transparent, intelligible, easily
accessible, and it must use clear and plain language.
9.1 B3Living's safeguarding practices are guided by the principles of nondiscrimination, respecting the worth and dignity of all individuals irrespective of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
9.2 B3Living will uphold principles of fairness and impartiality in all safeguarding processes, ensuring that every individual, regardless of their background, receives support and protection from harm.
9.3 B3Living’s safeguarding policies and procedures are inclusive and accessible to individuals with diverse needs, including those with disabilities or language barriers. We strive to ensure that everyone can access and participate in safeguarding processes effectively.
9.4 B3Living will maintain clear and accessible reporting mechanisms for concerns or incidents related to safeguarding, ensuring that individuals feel empowered to come forward without fear of reprisal.
9.5 We provide appropriate support and assistance to individuals who disclose experiences of abuse, ensuring that they receive compassionate care, access to resources, and assistance in navigating support.
10.1 We are committed to ongoing evaluation and review of our safeguarding policies and practices to identify areas for improvement and ensure alignment with best practices and legal requirements.
10.2 We will actively seek feedback from customers, including individuals from diverse communities, to inform our service delivery.
11.1 This policy considers the following legislation and should be referred to for further guidance:
► Care Act 2014 – Under the Care Act B3Living must has a Safeguarding lead, attend, and provide information to muti agency forums. Local Authorities must: Carry out an assessment of anyone who appear to require care and support.
Regardless of their eligibility for state-funded care. Assessment must focus on the person’s needs, wellbeing and outcomes they want to achieve.
► Children Act 1989 & 2004 – Section 11 of the Children Act 2004 places duties on providers, to ensure their services delivered, including those acting on the providers behalf have the functions to manage safeguarding concerns and promote the welfare of children. Section 47 of this act requires Local Authorities to undertake assessments of the needs of individual children to determine what services to provide and action to take.
► Children and Social Work Act 2017 - The Act introduces Corporate Parenting Principles which are intended to change local authority culture so that all colleagues and departments consider the impact of their work on children and young people
► Children and Young Persons Act 2008 – This act sets out the statutory framework for children in care in England and Wales and to ensure that such young people receive high quality care and services that are focused on and tailored to their needs.
► Equality Act 2010 – The acts protect people against discrimination, harassment or victimisation based on the protected characteristics.
► General Data Protection Regulation 2018 (GDPR) – GDPR Controls how personal and sensitive information is stored, used, and shared by organisations such as registered providers.
► Mental Capacity Act 2005– Provides the framework to empower and protect people who may lack the capacity to make some decisions for themselves at a given time. We presume that adults (over the age of 16) have mental capacity to make informed decisions about their own safety and how to lead their lives. A mental capacity assessment will determine an individuals ability to make informed decisions including consent to a safeguarding referral.
► Mental Health Act 2007 – Covers procedures for authorising deprivation of liberty of a person, i.e. hospital care or care home.
► Modern Slavery Act 2015 - The Act consolidated existing slavery and trafficking offences into two offences: slavery, servitude and forced or compulsory labour (section 1), and human trafficking for the purposes of exploitation (section 2).
► Protection of Freedoms Act 2012 – Part 5 of this act created the current disclosure, vetting and barring scheme, which applies to people working with or who have access to children and vulnerable adults.
► Safeguarding Vulnerable Groups Act 2006 – The Act sets of the responsibility organisations have for vetting and barring people working with children and vulnerable adults.
► Working together to Safeguard Children 2023 – requires that safeguarding partners are under a duty to make arrangements to work together, and with other partners locally, to safeguard and promote the welfare of all children in their area.