Safeguarding Children and Young Adults Policy

Nancy Khawam Médiation's majority of mediation work is with adults, we also work directly with children in family mediation, and so we have a direct responsibility under the Children Act 1989 to safeguard children in every way possible.

Nancy Khawam Médiation has at its foundation a belief in the importance of supporting families through separation and during any family conflict, because this provides the best outcomes for children.  We place a very high value on the importance of each child and through our work we are committed to expressing this in the way we act, and to encourage this attitude in the parents and carers with whom we meet.

We are strongly opposed to any attitude or action that undermines or harms a child especially in terms of physical, mental, emotional or sexual abuse, including but not restricted to neglect and bullying.

We recognise the pervasiveness of abuse within our society and the very damaging consequences both for those whosuffer and those who perpetrate it. The protection of children from abuse is an issue we take very seriously.

Purpose of policy

Nancy Khawam Médiation will endeavour to safeguard children and young adults by:

  •  Adopting child protection guidelines through a code of behaviour.
  •  Keeping up to date with information about child protection and good practice with parents and carers.
  • Sharing information about concerns with agencies who need to know.

We realise abuse can take many forms and we therefore offer these definitions as a guideline.

Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer feigns the symptoms of, or deliberately causes, ill health to a child whom they are looking after.

Emotional abuse is the persistent emotional ill treatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may involve causing children frequently to feel frightened or in danger, or the exploitation or corruption of children.

Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative (e.g. rape and buggery) or non-penetrative acts. They may include non-contact activities, such as involving children in looking at, or in the production of, pornographic material, or watching sexual activities, or encouraging children to behave in sexually inappropriate ways.

Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs. It may involve a parent or carer failing to provide adequate food, shelter and clothing, failing to protect a child from physical harm and danger, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Statement of responsibility

Every person involved in working for Nancy Khawam Médiation has a responsibility for ensuring the safety and well-being of children. Even in those activities not working directly with children, we are setting standards of best practice for parents. We need to be aware of incorrect behaviour and potential dangers in our staff and in the parents we are dealing with and report all cases of suspected child abuse.

Procedures for reporting suspicions of child abuse

Call 999 if it is an emergency and the child is in immediate danger.

If Nancy is concerned about the welfare of a child, or has suspicions of potential abuse through what is shared by another person, action will be taken forthwith. 

A written report of what was said by the child, and to the child, will be made, including where possible the date, time and location of the alleged incident, and how the person making the complaint has gained this knowledge. Nancy Khawam will also find out if there is any other corroborating information. Any further developments should also be documented inwriting.

If the concerns remain Nancy Khawam will tell the appropriate authority relevant to the authority where the child lives such as a local authority Multi Agency Safeguarding hub (“MASH”) or, in the case of immediate danger, the police ChildProtection Unit, as soon as possible.

It is not the responsibility of Nancy Khawam Médiation to undertake an investigation of potential abuse. We will contact MASH if we are uncertain how to tackle such an incident.

If any person asks Nancy to keep information about potential abuse secret, Nancy will explain immediately that such information cannot be kept secret and will be addressed. 

In situations where a person openly refers to abuse or expresses concern about their or a partner’s treatment of a child, Nancy will check back what is being said, and make it clear that she will need to take the appropriate action.

If a child or adult tells Nancy about a concern of abuse we will:

  • Listen and not directly question him or her.
  • Not interrupt when they are freely recalling significant events.
  • Make a note of the discussion, recording when and where it happened, who was present, what was said and what was said to the child.
  • Check that we have accurately understood what has been said.
  • Explain that we may need to report the concerns to Social Services.
  • Make the report by phone as soon as possible after checking notes.
  • Liaise with MASH (Multi Agency Safeguarding Hub) and Social Services over any further discussion or action taken by them.
  • Log all information carefully in an incident book. Information will be kept in a secure location for as long as is deemed necessary.

Safeguarding vulnerable person 

Nancy Khawam Médiation may work with vulnerable persons. Nancy Khawam Médiation has put in place this policy to cover specific guidance for work undertaken with vulnerable persons. 

Definitions

Vulnerable

The Police Act 1997 (Enhanced Criminal Record Certificates) (Protection of Vulnerable Adults) Regulations 2000 set out the following. ‘Vulnerable Adult’ means a person aged 18 or over who is receiving services of a type listed in paragraph 2 below and in consequence of a condition of a type listed in paragraph 3 below has a disability of a type listed in paragraph 4 below.

(2) the services are:

  •  accommodation and nursing or personal care in a care home
  • personal care or nursing or support to live independently in their own home
  • any services provided by an independent hospital, independent clinic, independent medical agency or NH S body
  • social care services
  • any services provided in an establishment catering for a person with learning difficulties

(3) the conditions are:

  • a learning or physical disability
  • a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs
  • a reduction in physical or mental capacity

(4) the disabilities are:

  • a dependency upon others in the performance of, or a requirement for assistance in the performance of basic physical functions 
  • severe impairment in the ability to communicate with others
  • impairment in a person's ability to protect themselves from assault, abuse or neglect

A ‘Vulnerable Adult’ is defined as someone over 16 who is or may be in need of community care services by reason of mental or other disability, age or illness and who is or may be unable to take care of themselves or unable to protect themselves against significant harm or exploitation. 

Abuse 

The Center for Policy on Ageing (1996) defines: ‘Abuse is the harming of another individual usually by someone who is in a position of power, trust or authority over that individual. The harm may be physical, psychological or emotional or it may be directed at exploiting the vulnerability of the victim in more subtle ways (for example, through denying access to people who can come to the aid of the victim, or through misuse or misappropriation of his or her financial resources). The threat or use of punishment is also a form of abuse. … in many cases, it is a criminal offence.'

Types of abuse

Physical abuse:

  • bodily assault resulting in injuries for example hitting, slapping, pushing, kicking, misuse of medication, restraint or inappropriate sanctions
  •  bodily impairment for example malnutrition, dehydration, failure to thrive
  • medical/healthcare maltreatment

Sexual abuse:

  • rape, incest, acts of indecency, sexual assault
  • sexual harassment or sexual acts to which the vulnerable adult has not consented, or could not consent or was pressured into consenting 
  • sexual abuse might also include exposure to pornographic materials, being made to witness sexual acts and encompasses sexual harassment and non contact abuse

Psychological/emotional abuse:

  • including fits of harm, controlling, intimidation, coercion, harassment, verbal abuse, enforced isolation or withdrawal from services or supportive networks
  • humiliation
  • bullying, shouting, swearing

 Neglect:

  • including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services
  • the withholding of the necessities of life, such as medication, adequate nutrition and heating

 Financial and/or material:

  • including theft, fraud
  • exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits

 Discriminatory:

  • Including racist, sexist, or based on a person's disability, and other forms of harassment, slurs or similar treatment

 Multiple forms of abuse may occur in an ongoing relationship or abusive service setting to one person, or to more than one person at a time, making it important to look beyond single incidents or breaches in standards, to underlying dynamics and patterns of harm. Any or all of these types of abuse may be perpetrated as the result of deliberate intent and targeting of vulnerable people, negligence or ignorance.

 No abuse is acceptable, and some abuse is a criminal offence and must be reported to the Police as soon as possible.

 Rights and responsibilities

Responsibilities of Nancy Khawam Médiation and good practice:

  • To notify the appropriate agencies if abuse is identified or suspected
  • To support and where possible secure the safety of individuals and ensure that all referrals to services have full information in relation to identified risk and vulnerability
  • To keep a written record of any concerns. This confidential information will be kept in a locked draw for as long as is deemed necessary, in line with Data Protection principles. The records will include contacts made, referrals made (including date, time, reason an referral agency)

 The Vulnerable Adult had the right:

  • To be made aware of this policy
  • To have alleged incidents recognised and taken seriously
  • To be involved in any process as appropriate
  • To receive information about the outcome

Identification of abuse 

The identification of potential abuse and or abuse is a sensitive exercise. Nancy will be alive to signs of differing abuse such as physical, sexual, psychological, emotional, financial, material signs of abuse together with neglect, discriminatory and other signs of abuse.

Abuse can happen anywhere and can be carried out by anyone, including informal carers, family, friends, neighbours and strangers.

What to do

All allegations and or suspicions are to be treated seriously. No abuse is acceptable, and some abuse is a criminal offence and will be reported to the Police as soon as possible. To determine the appropriate action, Nancy will consider:

  • risk: does the vulnerable adult understand the nature and consequences of any risk they may be subject to, and do they willingly accept such a risk?
  • self-determination: is the vulnerable adult able to make their own decisions and choices, and do they wish to do so
  • seriousness: a number of factors will determine whether intervention is required. The perception of the victim must be the starting point. Factors informing assessment of seriousness will include:
    • the perception by the individual and their vulnerability
    • the extent of the abuse 
    • the length of time it has been going on
    •  the impact on the individual
    • the risk of repetition or escalation involving this or other vulnerable adults
    • is a criminal offence being committed
  • When considering the decision as to whether to refer elsewhere (for example to the Police, Social Services, National Care Standards Commission), Nancy will take into account the following:
    • the wishes of the vulnerable adult, and their right to self-determination
    • the mental capacity of the vulnerable adult
    • known indicators of abuse
    • definitions of abuse
    • level of risk to this individual
    • the seriousness of the abuse
    • the effect of the abuse on the individual
    • the level of risk to others
    • the effect of the abuse on others whether a criminal offence has been committed
    • whether other statutory obligations have been breached (for example National Care Standards Commission)
    • the need for others to know 
    • the ability of others (for example the Police, Social Services) to make a positive contribution to the situation
  • The consent of the vulnerable adult must be obtained except where:
    • the vulnerable adult lacks the mental capacity to make a decision, and a risk assessment indicates that referral would be in their best interests
    • others may be at risk
    • a crime has been committed

 Who to refer to or report concerns to

  • the Contact Centre, being the single point of referral within Social Services
  • emergency Social Services duty team, if urgent and outside normal office hours
  • relevant hospital Social Services team is vulnerable adult is in hospital
  • Community Mental Health Team where the vulnerable adult has an ongoing mental health need
  • National Care Standards Commission where there are issues relating to standards and regulations in care homes and domiciliary care agencies
  • Hospital Trusts/Primary Care Trusts where there is a complaint of abuse by a member of staff 
  • the Police, if there is an emergency where dilemmas may result in serious harm to the vulnerable adult or if the abuse may constitute a crime