Introduction

BCA is committed to Safeguarding Children and Adults in line with national legislation and relevant national and local guidelines. We will safeguard children and adults by ensuring that our activities are delivered in a way which keeps all children and adults safe.

BCA is committed to creating a culture of zero-tolerance of harm to children and adults which necessitates: the recognition of children and adults who may be at risk and the circumstances which may increase risk; knowing how child and adult abuse, exploitation or neglect manifests itself; and being willing to report safeguarding concerns. This extends to recognising and reporting harm experienced anywhere, including within our activities, within other organised community or voluntary activities, in the community, in the person’s own home and in any care setting.

BCA is committed to best safeguarding practice and to uphold the rights of all adults to live a life free from harm from abuse, exploitation and neglect.

Policy Statement

BCA believes everyone has the right to live free from abuse or neglect regardless of age, ability or disability, sex, race, religion, ethnic origin, sexual orientation, marital or gender status.

BCA is committed to creating and maintaining a safe and positive environment and an open, listening culture where people feel able to share concerns without fear of retribution.

BCA acknowledges that safeguarding is everybody’s responsibility and is committed to prevent abuse and neglect through safeguarding the welfare of all children and adults involved.

BCA recognises that health, well-being, ability, disability and need for care and support can affect a person’s resilience. We recognise that some people experience barriers, for example, to communication in raising concerns or seeking help. We recognise that these factors can vary at different points in people’s lives.

BCA recognises that there is a legal framework within which our activity need to work to safeguard children and adults who have needs for care and support and for protecting those who are unable to take action to protect themselves and will act in accordance with the relevant safeguarding children and adult legislation and with local statutory safeguarding procedures.

Actions taken by BAC will be consistent with the principles of children and adult safeguarding ensuring that any action taken is prompt, proportionate and that it includes and respects the voice of the adult concerned.

Responsibilities

The BCA has a legal duty of care to provide a safe environment when children and adults at risk access its services. The BCA will ensure that its policies and practices reflect this duty and review the operation of these documents at regular intervals. The BCA will designate appropriate personnel to develop policies and procedures to safeguard children and adults at risk and assist line managers in applying this policy.

Line Managers

Line Managers will put in place measures to minimise the risks to children and adults at risk. Managers must familiarise themselves with the guidance for staff working with children and adults at risk. In particular, line manages must ensure that they take steps to safeguard children and adults at risk by:

• Identifying post and roles which require disclosure;
• Ensuring that the right people are recruited to designated posts;
• Identifying training needs for those staff in designated posts.
• Ensuring all staff understand the importance of safeguarding and how to report concerns.

Staff

This policy applies to all – staff, contractors and volunteers who act on behalf of the BCA and who come directly into contact with children and adults at risk. Everyone has a duty to immediately report any concerns that they may have about inappropriate behaviour towards children and adults at risk from staff they work with. This may not be behaviour linked to child abuse but that pushes the boundaries beyond acceptable limits and guidelines of the BCA.

Such behaviour may be witnessed from BCA staff or staff from partner organisations. Any concerns relating to safeguarding children and adults at risk must be immediately reported to the Designated Safeguarding Officer (DSO) or appropriate authorities. Any information disclosed by a member of staff to the DSO is treated in confidence and only passed on to appropriate employees or professionals.

Only BCA staff with advanced level of Safeguarding training (NSPCC & Ann Craft Trust) will be assigned the role of DSO.

Relationship with other Policies

 

This policy should be read in conjunction with specific guidance on working with children and other policies and procedures covering equal opportunities, code of conduct, confidential reporting, discipline and learning and development. Should you have any questions you should consult your line manager in the first instance, then the Chief Executive, or if necessary a trustee.

 

Safeguarding Lead (Trustee) :                  Sarah Males

Designated Safeguarding Officer:          Andrea Bowler, Volunteering Development Manager

 

Safeguarding Adults at Risk

Purpose

The purpose of this policy is to demonstrate the commitment of BCA to safeguarding adults and to ensure that everyone involved in BCA is aware of:

• The legislation, policy and procedures for safeguarding adults.
• Their role and responsibility for safeguarding adults.
• What to do or who to speak to if they have a concern relating to the welfare or wellbeing of an adult within the organisation.

Scope

This safeguarding adult policy and associated procedures apply to all individuals involved in BCA including Board members, Staff, Volunteers and to all concerns about the safety of adults whilst taking part in our organisation, its activities and in the wider community.

We expect our partner organisations, including for example, suppliers, partners and sponsors to adopt and demonstrate their commitment to the principles and practice as set out in this Safeguarding Adults Policy and associated procedures.

 

Commitments

In order to implement this policy BCA will ensure that:

• Everyone involved with BCA is aware of the safeguarding adult procedures and knows what to do and who to contact if they have a concern relating to the welfare or wellbeing of an adult.
• Any concern that an adult is not safe is taken seriously, responded to promptly, and
  followed up in line with BCA Safeguarding Adults Policy and Procedures.
• The well-being of those at risk of harm will be put first and the adult actively supported to communicate their views and the outcomes they want to achieve. Those views and wishes will be respected and supported unless there are overriding reasons not to (see the Safeguarding Adults Procedures).
• Any actions taken will respect the rights and dignity of all those involved and be proportionate to the risk of harm.
• Confidential, detailed and accurate records of all safeguarding concerns are maintained and securely stored in line with our Data Protection Policy and Procedures

 

• BCA acts in accordance with best practice advice, for example, from National Governing Bodies, NSPCC, Ann Craft Trust.
• BCA will cooperate with the Police and the relevant Local Authorities in taking action to safeguard an adult.
• All Board members, staff, officials and volunteers understand their role and responsibility for safeguarding adults and have completed and are up to date with safeguarding adult training and learning opportunities appropriate for their role.
• BCA uses safe recruitment practices and continually assesses the suitability of volunteers and staff to prevent the employment/deployment of unsuitable individuals in this organisation.
• BCA shares information about anyone found to be a risk to adults with the appropriate bodies. For example: Disclosure and Barring Service, Services, Police, Local Authority/Social Services.
• When planning activities and events BCA includes an assessment of, and risk to, the safety of all adults from abuse and neglect and designates a person who will be in attendance as a safeguarding lead for that event.
• Actions taken under this policy are reviewed by the Board and senior management team on an annual basis.
• This policy, related policies (see below) and the Safeguarding Adults Procedures are reviewed no less than on a two yearly basis and whenever there are changes in relevant legislation and/or government guidance as required by the Local Safeguarding Board, and National Governing Bodies or as a result of any other significant change or event.

Implementation

 

BCA is committed to developing and maintaining its capability to implement this policy and procedures. In order to do so the following will be in place:

• A clear line of accountability within the organisation for the safety and welfare of all adults.
• Access to relevant legal and professional advice.
• Safeguarding adult procedures that deal effectively with any concerns of abuse or neglect, including those caused through poor practice.
• A Safeguarding Lead on the board
• A delegate Safeguarding Lead for events.
• Arrangements to work effectively with other relevant organisations to safeguard and promote the welfare of adults, including arrangements for sharing information.
• Codes of conduct for Board members, Staff, Volunteers and Members and other relevant individuals that specify zero tolerance of abuse in any form.
• Risk assessments that specifically include safeguarding of adults.
• Policies and procedures that address the following areas and which are consistent with this Safeguarding Adults policy.

 

• Safeguarding Children
• Bullying and harassment
• Social Media
• Equality, diversity and inclusion
• Safe activities risk assessments
• Code of Conducts and a process for breach of these – Staff, Volunteers, Participants/Members, Carers/Personal Assistants
• Discipline and grievance
• Concerns, Complaints and Compliments
• Whistleblowing
• Safe recruitment and selection (staff and volunteers)
• Contract compliance
• Information policy, data protection and information sharing

 

 

 

Key Points

• There is a legal duty on Local Authorities to provide support to ‘adults at risk’.
• Adults at risk are defined in the Care Act 2014 as;

An adult at risk is an individual aged 18 years and over 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.
• The safeguarding legislation applies to all forms of abuse that harm a person’s well-being.
• The law provides a framework for good practice in safeguarding that makes the overall well-being of the adult at risk a priority of any intervention.
• The law in all four home nations emphasises the importance of person-centred safeguarding, (referred to as ‘Making Safeguarding Personal’ in England).

• The law provides a framework for making decisions on behalf of adults who can’t make decisions for themselves (Mental Capacity).
• The law provides a framework for sports organisations to share concerns they have about adults at risk with the local authority.
• The law provides a framework for all organisations to share information and cooperate to protect adults at risk.

 

Safeguarding Adults Legislation

Safeguarding Adults is compliant with United Nations directives on the rights of disabled people and commitments to the rights of older people.  It is covered by:

• The Human Rights Act 1998
• The Data Protection Act 2018
• General Data Protection Regulations 2018

The practices and procedures within this policy are based on the relevant legislation and government guidance.

• Mental Capacity Act 2005
• 2014 England – The Care Act

 

• 2014 Care and Support Statutory Guidance (especially chapter 14)

 

Definition of an Adult at Risk

England (Care Act 2014)

An adult at risk is an individual aged 18 years and over 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.

Capacity refers to the ability to make a decision at a particular time, for example when under considerable stress. The starting assumption must always be that a person has the capacity to make a decision unless it can be established that they lack capacity (Mental Capacity Act 2005).

Abuse and Neglect

Abuse is a violation of an individual’s human and civil rights by another person or persons. It can occur in any relationship and may result in significant harm to, or exploitation of, the person subjected to it. Any or all of the following types of abuse may be perpetrated as the result of deliberate intent, negligence, omission or ignorance.

There are different types and patterns of abuse and neglect and different circumstances in which they may take place.

The Safeguarding Adults Care Act 2014 in England defines categories of adult abuse and harm as follows.

• Physical
• Sexual
• Emotional/Psychological/Mental
• Neglect and acts of Omission
• Financial or material abuse
• Discriminatory
• Organisational / Institutional
• Self-neglect
• Domestic Abuse (including coercive control)
• Modern slavery

 

Abuse can take place in any relationship and there are many contexts in which abuse might take place; e.g. Institutional abuse, Domestic Abuse, Forced Marriage, Human Trafficking, Sexual Exploitation, County Lines, Radicalisation, Hate Crime, Mate Crime, Cyber bullying, Scams.

 

 

Abuse or neglect outside BCA could be carried out by:

• A spouse, partner or family member
• Neighbours or residents
• Friends, acquaintances or strangers
• People who deliberately exploit adults they perceive as vulnerable
• Paid staff, professionals or volunteers providing care and support

Often the perpetrator is known to the adult and may be in a position of trust and/or power.

Signs and Indicators of Abuse and Neglect

An adult may confide to a member of staff, volunteer or another participant that they are experiencing abuse inside or outside of the organisation’s setting.  Similarly, others may suspect that this is the case.

There are many signs and indicators that may suggest someone is being abused or neglected.  There may be other explanations, but they should not be ignored.  The signs and symptoms include but are not limited to:

• Unexplained bruises or injuries – or lack of medical attention when an injury is present.
• Person has belongings or money going missing.
• Someone losing or gaining weight / an unkempt appearance. This could be their appearance becomes unkempt, and there is a deterioration in hygiene.
• A change in the behaviour or confidence of a person. For example, a participant may be looking quiet and withdrawn when their brother comes to collect them from sessions in contrast to their personal assistant whom they greet with a smile.
• Self-harm.
• A fear of a particular group of people or individual.
• A parent/carer always speaks for the person and doesn’t allow them to make their own choices
• They may tell you / another person they are being abused – i.e. a disclosure

Reporting a concern

You may have a suspicion or become aware that abuse is taking place, or be told about something that may be abuse that you must report to the Lead Safeguarding Officer.

If you are concerned someone is in immediate danger, contact the police straight away.

It is important when considering your concern that you also consider the needs and wishes of the person at risk of abuse, taking into account the nature of the alert. Make a note of what the person has said using his or her own words as soon as practicable.

Take care to distinguish between fact, observation, allegation and opinion. It is important that the information you have is accurate.

 

 

Everyone should:

• Aim to make visitor, volunteer and participant experience of BCA and enjoyable
• Not tolerate the use of prohibited or illegal substances.
• Treat all adults equally and preserve their dignity
• Understand each others needs based on environment, interactions and support required.
• Build relationships based on mutual trust and respect, encouraging adults to take responsibility for their own development and decision-making.
• Be aware of medical conditions, disabilities, existing injuries and medicines being taken and keep written records of any injury or accident that occurs, together with details of treatments provided.
• Ensure that someone with current knowledge of emergency first aid is available at all times.

Please avoid:

• Using language that might be regarded as inappropriate by the adult and which may be hurtful or disrespectful.
• Allowing or engaging in inappropriate touching of any form.
• Making sexually suggestive comments, even in jest.
• Taking an adult alone in a car on journeys, however short.
• Ignoring an individual’s needs

The Principles of Adult Safeguarding

• Empowerment – People being supported and encouraged to make their own decisions and informed consent.
• Prevention – It is better to take action before harm occurs.
• Proportionality – The least intrusive response appropriate to the risk presented.
• Protection – Support and representation for those in greatest need.
• Partnership – Local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse
• Accountability – Accountability and transparency in delivering safeguarding.

 

 

Complaints Procedure

 

Any complaints relating to the mis-implementation of this policy should be directed to the Chief Executive or Chair of the Board in writing c/o Poole’s Cavern and Buxton Country Park, Green Lane, Buxton SK17 9DH. Envelopes should be marked STRICTLY CONFIDENTIAL.

 

 

Safeguarding Children

Purpose and Scope

The purpose of this policy is to demonstrate the commitment of BCA to safeguarding children and to ensure that everyone involved in BCA is aware:

• What to do or who to speak to if they have a concern relating to the welfare or wellbeing of an adult within the organisation.
• to protect children and young people who receive BCA’s services from harm. This includes the children of adults who use our services
• to provide staff and volunteers, as well as children and young people and their families, with the overarching principles that guide our approach to child protection.
• What to do or who to speak to if they have a concern relating to the welfare or wellbeing of a child within the organisation.
• Their role and responsibility for safeguarding children and young people.

This policy applies to anyone working on behalf of BCA, including senior managers and the board of trustees, paid staff, volunteers, sessional workers, and students.

Legal framework

This policy has been drawn up on the basis of legislation, policy and guidance that seeks to protect children in England. A summary of the key legislation and guidance is available from nspcc.org.uk/child protection.

 

Commitments

We believe that:

• Safeguarding is everybody’s responsibility
• children and young people should never experience abuse of any kind
• we have a responsibility to promote the welfare of all children and young people, to keep them safe and to practise in a way that protects them.
• The rights, dignity and worth of all children and young people should always be respected.
• Children and Young people are those aged under 18 years.
• the welfare of children is paramount in all the work we do and in all the decisions we make.
• all children, regardless of age, disability, gender reassignment, race, religion or belief, sex, or sexual orientation have an equal right to protection from all types of harm or abuse

 

 

 

In order to implement this policy BCA will ensure that we keep children and young people safe by:

• valuing, listening to and respecting them
• appointing a nominated child protection lead for children and young people, a deputy and a lead trustee/board member for safeguarding
• adopting child protection and safeguarding best practice through our policies, procedures and code of conduct for staff and volunteers
• developing and implementing an effective online safety policy and related procedures
• providing effective management for staff and volunteers through supervision, support, training and quality assurance measures so that all staff and volunteers know about and follow our policies, procedures and behaviour codes confidently and competently
• recruiting and selecting staff and volunteers safely, ensuring all necessary checks are made
• recording and storing and using information professionally and securely, in line with data protection legislation and guidance [more information about this is available from the Information Commissioner’s Office: ico.org.uk/for organisations]
• sharing information about safeguarding and good practice with children and their families via leaflets, posters, group work and one-to-one discussions
• making sure that children, young people and their families know where to go for help if they have a concern
• using our safeguarding and child protection procedures to share concerns and relevant information with agencies who need to know, and involving children, young people, parents, families and carers appropriately
• using our procedures to manage any allegations against staff and volunteers appropriately
• creating and maintaining an anti-bullying environment and ensuring that we have a policy and procedure to help us deal effectively with any bullying that does arise
• ensuring that we have effective complaints and whistleblowing measures in place
• ensuring that we provide a safe physical environment for our children, young people, staff and volunteers, by applying health and safety measures in accordance with the law and regulatory guidance
• building a safeguarding culture where staff and volunteers, children, young people and their families, treat each other with respect and are comfortable about sharing concerns.
• ensuring when planning activities and events BCA includes an assessment of, and risk to, the safety of all adults from abuse and neglect and designates a person who will be in attendance as a safeguarding lead for that event.
• ensuring actions taken under this policy are reviewed by the Board and senior management team on an annual basis.
• ensuring this policy, related policies (see below) and the Safeguarding Children and Young People Procedures are reviewed no less than on a two yearly basis and whenever there are changes in relevant legislation and/or government guidance as required by the Local Safeguarding Board, and National Governing Bodies or as a result of any other significant change or event.

 

Definitions

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 fabricates the symptoms of, or deliberately induces, illness in a child.

 

Emotional Abuse is the persistent emotional maltreatment 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 so far as they meet the needs of another person. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond the child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyber bullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.

 

Sexual Abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration. They may include non-contact activities, such as involving children in looking at, or in production of, sexual on-line images, watching sexual activities, or encouraging children to behave in sexually inappropriate ways or grooming a child in preparation for abuse (including via the internet).

 

Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:

• Provide adequate food, clothing, and shelter (including exclusion from home or abandonment)
• Protect a child from physical or emotional harm or danger
• Ensure adequate supervision (including the use of inadequate caregivers)
• Ensure access to appropriate medical care or treatment

It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

PREVENT – Any young person in danger of radicalisation or demonstrating extremist tendencies is deemed to be vulnerable and appropriate support under the PREVENT strategy will be sought. Appropriate support could involve referring the child or young person to CHANNEL.  Prevent advice line 0800 011 3764.

 

Significant Harm – Some children are in need because they are suffering or likely to suffer significant harm. The Children Act 1989 introduced the concept of significant harm as the threshold.

 

 

Prohibited Conduct

At BCA we believe best practice must be observed by all adults working with children and young by both staff and volunteers, the following practice must be avoided, including but not limited to:

• Spending time alone with children and young people away from others.
• Transporting a child or young person in a car alone.
• Engaging in rough, physical or sexually provocative games with children and young people.
• Allowing or engaging in any form of inappropriate physical touching or sexual contact or behaviour.
• Using or allowing children and young people to use inappropriate language unchallenged.
• Making sexually suggestive comments to a child or young person.
• Failing to respond and report concerns when allegations/disclosures are made by a child or young person.
• Humiliating or undermining a child or young person or acting in a way that negatively affects their self-esteem.
• Treating some children and young people more favourably than others.
• Creating a dependent relationship between themselves and a child or young person, failing to maintain appropriate boundaries.
• Private telephone calls, texts, social network messages/contact and emails without parental consent or knowledge.

Failure to observe best practices with children and young people will be a breach of this policy and an investigation will be held. All suspicions and allegations will be taken seriously and appropriately reported.  NSPCC Whistleblowing advice line can be contacted on 0800 028 0285 or by emailing help@nspcc.org.uk

 

Positions of Trust

An adult, aged 18 or older, in a position of authority or responsibility over a child or young person is in a position of trust. This is defined by the activity that they carry out in relation to the child, namely, teaching, training, supervising or instructing, whether as a staff member or volunteer. This relationship can be described as one where the adults is in a position of power and influence by virtue of their role.

It is a criminal offence for any person in a position of trust to have a sexual or intimate relationship with a child or young person under 18 years old, even if the relationship is deemed to be consensual.

Any sexual activity, including online activity, between someone in a position of trust and a child or young person should be reported.

Reporting a concern

You may have a suspicion or become aware that abuse is taking place, or be told about something that may be abuse that you must immediately report to the Designated Safeguarding Officer.

If you are concerned someone is in immediate danger, contact the police straight away.

It is important when considering your concern that you also consider the needs and wishes of the person at risk of abuse, taking into account the nature of the alert. Make a note of what the person has said using his or her own words as soon as practicable.

Take care to distinguish between fact, observation, allegation and opinion. It is important that the information you have is accurate.

• Help for adults concerned about a child, call NSPCC on 0808 800 5000
• Help for children and young people, call Childline on 0800 1111

Complaints Procedure

 

Any complaints relating to the mis-implementation of this policy should be directed to the Chief Executive or Chair of the Board in writing c/o Poole’s Cavern and Buxton Country Park, Green Lane, Buxton SK17 9DH. Envelopes should be marked STRICTLY CONFIDENTIAL.