Protecting children in your organisation

(Version March 2009)

Contents

• 1. Introduction
• 2. Safeguarding
• 3. The Charity Commission's role
• 4. The child protection policy
• 5. Child protection procedures and systems
• 6. Sources of further information and support
• 7. Guidance and legislation

1. Introduction

Certain types of charity are set up to assist or care for those who are particularly vulnerable, perhaps because of their age, physical or mental ability or ill health. Charity trustees are responsible for ensuring that those benefiting from, or working with, their charity are not harmed in any way through contact with it. They have a legal duty to act prudently and this means that they must take all reasonable steps within their power to ensure that this does not happen. It is particularly important where beneficiaries are vulnerable persons or children in the community. Trustees are expected to find out what the relevant law is, how it applies to their organisation, and to comply with it where appropriate. They should also adopt best practice as far as possible - advice on this is available from a number of knowledgeable sources, some of which are listed below. Children are an especially vulnerable group and therefore the Charity Commission is concerned to stress the importance of charities having proper safeguards in place for their protection.

2. Safeguarding

Safeguarding is a relatively new term which is broader than 'child protection' as it also includes prevention. Safeguarding has been defined as:

• All agencies working with children, young people and their families taking all reasonable measures to ensure that the risks of harm to children's welfare are minimised; and
• Where there are concerns about children and young people's welfare, all agencies taking appropriate actions to address those concerns, working to agreed local policies and procedures in full partnership with other local agencies. (Safeguarding Children (2005), The 2nd Joint Chief Inspectors Report on Arrangements to Safeguard Children. A broader definition can be found in Working Together to Safeguard Children - see sources of further information below.)

Safeguarding children is vital for charities as charity trustees have a duty of care towards the children with whom they have contact. Having safeguards in place within an organisation not only protects and promotes the welfare of children but also it enhances the confidence of trustees, staff, volunteers, parents/carers and the general public. Safeguarding children is beneficial to a charity in many ways - protecting its reputation, helping to effectively meet its objectives and protecting its finances.

The necessity to safeguard children applies both to charities working in the UK and other countries where children may face different or additional risks of abuse or exploitation. These safeguards should include a child protection policy and procedures for dealing with issues of concern or abuse. For the purposes of child protection legislation the term 'child' refers to anyone up to the age of 18 years.

3. The Charity Commission's role

Although the Commission does not administer child protection legislation, it aims to increase public trust and confidence in charities and, as part of the registration process, it always asks organisations working with children for (a) information about the policies and procedures which they have in place for keeping children safe and (b) disclosure of Criminal Record Bureau (CRB) certificates in respect of trustees where the charity is legally entitled to obtain these. We have worked with the National Society for the Prevention of Cruelty to Children (NSPCC) to ensure that this guidance is as relevant, accurate and helpful as possible.

Details of key areas in the recruitment and selection of charity trustees are set out in our guidance 'Finding New Trustees (CC30)'. This describes the various checks and safeguards that will be appropriate for charities working with children (or other vulnerable beneficiaries) when recruiting trustees.

The Safeguarding Vulnerable Groups Act of 2006 created the new Independent Safeguarding Authority (ISA). The ISA will decide who is unsuitable to work or volunteer with vulnerable groups. We will be reviewing all of our guidance to make sure that it is up to date before the scheme is fully rolled out. You can find details of the timetable for the introduction of the scheme on the ISA website www.isa-gov.org.uk.

4. The child protection policy

This is a statement of intent that demonstrates a commitment to safeguard children involved with a charity from harm. The essential inclusions for a child protection policy are outlined below:

• the welfare of the child is paramount;
• all children without exception have the right to protection from abuse regardless of gender, ethnicity, disability, sexuality or beliefs;
• the policy is approved and endorsed by the board of trustees;
• who the policy applies to (i.e. all trustees, staff and volunteers);
• children and parents are informed of the policy and procedures as appropriate;
• all concerns, and allegations of abuse will be taken seriously by trustees, staff and volunteers and responded to appropriately - this may require a referral to children's services and in emergencies, the Police;
• a commitment to safe recruitment, selection and vetting;
• reference to principles, legislation and guidance that underpin the policy;
• arrangements for policy and procedures review;
• reference to all associated policies and procedures which promote children's safety and welfare e.g. with regards to: health and safety, anti-bullying, protection of children online, and photography.

5. Child protection procedures and systems

Procedures and systems provide clear step-by-step guidance on what to do in different circumstances and they clarify roles and responsibilities. Systems for recording information and dealing with complaints are also needed to ensure implementation and compliance. Child protection procedures should be linked with the Local Safeguarding Children Board's procedures or the All Wales Child Protection Procedures, as relevant.

The procedures and systems should include:

• A named person (and deputy) with a clearly defined role and responsibilities in relation to child protection, appropriate to the level at which s/he operates.
• A description of what child abuse is, and the procedures for how to respond to it where there are concerns about a child's safety or welfare or concerns about the actions of a trustee, staff member or volunteer. Relevant contact details for children's services, police, health and NSPCC helplines should be available.
• A process for recording incidents, concerns and referrals and storing these securely in compliance with relevant legislation and kept for a time specified by your insurance company.
• Guidance on confidentiality and information sharing, legislation compliant, and which clearly states that the protection of the child is the most important consideration.
• A code of behaviour for trustees, staff and volunteers. The consequences of breaching the code are clear and linked to disciplinary and grievance procedures.
• Safe recruitment, selection and vetting procedures that include checks into the eligibility and the suitability of all trustees, staff and volunteers who have direct or indirect (e.g. helpline, email) contact with children. In the case of trustees, because of their position within the charity, we take the view that whenever there is a legal entitlement to obtain a CRB check in respect of such a trustee, a check should be carried out. This goes beyond circumstances where the trustee comes into contact with children.
• A complaints procedure which is an open and well publicised way in which adults and children can voice concerns about unacceptable and/or abusive behaviour towards children.
• Systems to ensure that all staff and volunteers working with children are monitored and supervised and that they have opportunities to learn about child protection in accordance with their roles and responsibilities.
• Requirements for trustees, staff and volunteers to learn about child protection in accordance with and as appropriate to their roles and responsibilities.

It is important that each charity's safeguarding policy and procedures are tailored to the type of contact that the charity has with children and it also needs to take into account any particular vulnerabilities of the children with whom the charity has contact; for example disabled children who are at increased risk of abuse; babies and toddlers who are vulnerable due to their age and dependence on adults;

6. Sources of further information and support

There are a range of agencies and publications which can guide charities in the development and updating of their safeguarding policy and procedures. A selection are identified below and a more detailed list is available at: http://www.nspcc.org.uk/

7. Guidance and legislation

England

For current guidance on safeguarding, legislation and resources see www.everychildmatters.gov.uk
Two documents are particularly helpful:

• What to do if you're worried a child is being abused (2003)
  www.everychildmatters.gov.uk/search/?asset=document&id=17378

• Working Together to Safeguard Children: a guide to inter-agency working to safeguard and promote the welfare of children (2006) HM Government.
  www.everychildmatters.gov.uk

Wales

For current guidance on safeguarding, legislation and resources see
http://wales.gov.uk/children

This publication is particularly helpful:
Safeguarding Children: Working Together under the Children Act 2004 (2006) Welsh Assembly Government

Criminal Records Bureau (CRB): exists to help organisations identify people who are unsuitable for certain types of work, especially work involving access to or contact with children and other vulnerable members of society, by making "disclosures" of any criminal, police or similar records. This includes trustees of charities who have such access or contact.

The CRB provides a disclosure service, which offers access to records held by the police, together with information from the following lists: Protection of Children Act 1999 (POCA), Protection of Vulnerable Adults (POVA) and List 99. A charge is made for obtaining a disclosure for paid positions, although disclosures for volunteers, which will include the majority of trustees, are free but will incur an administration charge from the umbrella group they choose to use. A list of umbrella bodies is available online.

Tel: 0870 90 90 811 Website: www.crb.gov.uk

Children in Wales - Plant yng Nghymru
This is an umbrella organisation in Wales disseminating information on policy, research and best practice for children in Wales. They aim to promote the interests of and take action to identify and meet the needs of children, young people and their families in Wales. They provide child protection courses for a range of organisations.

Tel: 029 2034 2434 Website: www.childreninwales.org.uk

Churches Child Protection Advisory Service is an independent Christian based charity working with churches, other faiths and non faith based organisations in order to help them implement safeguards for children. The organisation runs a helpline service providing advice and support and to assist with the preparation and maintenance of child protection policies. It has produced a range of books, training resources and guidance on writing child protection policy and procedures including: Guidance to Churches: (CCPAS, 2003); Safeguarding Children and Young People: a manual for child protection and safe practice (CCPAS, 2004).

Tel: 0845 120 45 50 Website: www.ccpas.co.uk

"Finding New Trustees: What charities need to know" (CC30)
A Charity Commission publication which advises on how to recruit, select, appoint and induct trustees. It has sections on vetting trustees prior to appointment and the Criminal Records Bureau which answers some of the more common questions.

Tel: 0845 300 0218

National Council of Voluntary Child Care Organisations (NCVCCO) is an umbrella organisation for voluntary child care organisations in England. Their mission is to ensure the well being and safeguarding of children by promoting the voluntary sector's contribution to the provision of services. They produced 'Positively Safe: a guide to developing safeguarding practices', 2005.

Tel: 0207 833 3319 Website: www.ncvcco.org

National Council for Voluntary Youth Services (NCVYS) is a registered charity and membership organisation. It aims to raise the profile of youth work, share good practice and influence policy development. It has devised safeguarding standards and an accreditation scheme (Sound Systems) to promote and recognise good practice in safeguarding young people. NCVYS has published Keeping it Safe: a young person-centred approach to safety and child protection which is a guide to the standards, the implementation of safeguarding policy and procedures.

Tel: 020 7422 8630 Website: www.ncvys.org.uk

NSPCC is a registered charity established to prevent cruelty to children. They provide a range of services for children and their families. They also provide a child protection helpline and there4me.com which is an online service for children. Childline, a helpline service for children is now also part of the NSPCC.
NSPCC Consultancy Services have a number of publications (also available in Welsh/English) to help organisations develop child protection policy and procedures, for example:

Firstcheck (2006): a step by step guide to help organisations prepare child protection policies and procedures.

Safetycheck(2006): a set of standards for safeguarding and protecting children in organisations.

Kidscheck (2005): a companion product for children and young people to assess their organisation themselves and contribute to making it safer.

The charity offers a consultancy service which provides advice and guidance to organisations on the implementation of safeguards to prevent abuse; training services are also available.

Tel: 0116 234 7227 Website: www.nspcc.org.uk/consultancy

To report or discuss concerns about a child's welfare:

NSPCC Child Protection Helpline (24 hours): To report or discuss concerns about a child's welfare. Tel: 0808 800 5000 or textphone: 0800 056 0566 or email: help@nspcc.org.uk

NSPCC Cymru/Wales Child Protection Helpline Tel: 0808 100 2524 (Mon-Fri 10am-6pm)

NSPCC Asian Child Protection Helpline Tel: 0800 096 7719

Childline Tel: 0800 1111

NSPCC Child Protection in Sport Unit is a joint NSPCC/Sport England initiative. It provides an accreditation scheme for national governing bodies and county sports partnerships; provides advice and training to a range of sport and leisure organisations and has produced a range of child protection resources for training and child protection policy development: including Sportscheck; Safe Sports Events (NSPCC and Sport England, 2003); Standards for Safeguarding and Protecting Children in Sport (NSPCC and Sport England, 2003), and Safe Sport Away(ASA and NSPCC 2001).

Tel: 0116 234 7278 or Website: www.thecpsu.org.uk

Save The Children. A registered charity established to promote the welfare of children worldwide by the relief of their hardship and distress.
Tel: 020 7012 6400 Freephone: 0800 814 8148.
Website: www.savethechildren.org.uk/

In 2003 Save the Children in partnership with NSPCC, Christian Aid, People in Aid, EveryChild and the Tearfund produced Setting the Standards: A common approach to child protection for international NGOs. A copy of the standards can be downloaded from the publications section of www.peopleinaid.org or contact info@peopleinaid.org

The Keeping Children Safe Coalition Member Agencies revised and renamed the standards document as Keeping Children Safe: Standards for child protection. Thesestandards form a part of Keeping Children Safe: A toolkit for children protection (Save The Children, 2006). The toolkit is a complete package for people working in child protection across the world. The toolkit comprises of the standards, a resource pack on how to implement the standards and flexible training exercises.

See www.keepingchildrensafe.org.uk

Safeguarding Children Partnership is a registered charity working with the voluntary and community sectors to assist organisations attain SAFE (Safer Activities for Everyone) standards. The charity supports and advises with regards to safer recruitment, working practices and policies; and it produces resources, information packs and training. It also acts as an umbrella body for CRB disclosures.

Tel: 01379 678961 Website: www.oursafesite.com