Overarching principles
Section 5
- Ensure that children at risk and adults at risk are safeguarded from individuals who may pose a risk in the setting within which they work or volunteer
- Ensure that allegations and safeguarding concerns are dealt with in a fair, consistent and timely manner and in accordance with statutory guidance
- Ensure that there is appropriate support, information and advice for all those affected during this process
- Ensure that individuals who are not suitable to work with children and adults at risk are prevented from doing so by notification to the Disclosure and Barring Service and other relevant and professional bodies
- Local authorities must ensure there is a senior manager with responsibility for ensuring these procedures are adhered to. This role can be delegated but there needs to be an overarching senior manager responsible.
The definition of ‘work’ includes the following:
- Those in paid employment, including temporary, students/trainees; casual, agency staff and those who are employed as Personal Assistants under the direct payment scheme
- Individuals undertaking unpaid voluntary work
- Individuals who are self-employed and work directly, or are contracted to work, in the provision of services to children and adults at risk
These procedures are underpinned by the following legislation and guidance and should be read in conjunction with them:
Making a report
The person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind.
They should not:
- Investigate or ask leading questions
- Make assumptions or offer alternative explanations
- Promise confidentiality - the person/persons should be advised that the concern will be shared on a 'need to know' basis
They should:
- Make a written record of the information (using where possible, the child’s / adult’s own words), including the time, date and place where the alleged incident took place, what was said and anyone else present
- Sign and date the written record
- Immediately report the matter to the [Designated Officer for
- Safeguarding (within their agency), or deputy in their absence
- Where the Designated Officer for Safeguarding is the subject of the allegation, the information should be reported to a more Senior Manager
It must be noted that some allegations are so serious as to require immediate referral to the police and Social services. These procedures are not in any way intended to impede the requirement for urgent or immediate responses to circumstances that are clearly serious, although it is expected that the Designated Officer for Safeguarding is informed of such events at the very earliest opportunity and in all circumstances within no more than 24 hours after the concern has arisen (next working day – if out of office hours).
The reporting person should clearly highlight that this is a safeguarding allegation/concern in relation to a professional, volunteer or carer and where possible, should send accompanying documentation such as the risk assessment clearly advising what safeguarding action has been taken to protect any children and adults at risk.
In cases where there is an identifiable child or adult at risk who has been subject to abuse or neglect, the Wales Safeguarding Procedures will be implemented and followed alongside the process outlined in these procedures. If there is no identifiable child or adult at risk and the professional meets the criteria identified above then these procedure will still be invoked.
In cases where there is an identifiable child, young person or adult at risk who may be raising the concern or has been subjected to possible abuse then a proportionate assessment will be carried out by social services in accordance with the Social Services and Well-being (Wales) Act 2014. The outcome of this assessment must be fed back to the Designated Officer for Safeguarding.
The employer/voluntary organisation or professional body may need to consider suspending the employee without prejudice, or putting in place support or restrictions to safeguard vulnerable persons. This will also safeguard the employee against accusations of interfering with the enquiries and as a safeguard to the organisation. If the allegation has not come from within the employee’s organisation and referred accordingly, then the police and/or Social services should inform the Designated Officer for Safeguarding within the employing agency that an allegation against a member of staff has been made and formal investigations are required.
Any person who has a concern should:
- Make the report to social services
- Seek advice and support from their line manager
- Make a record of the concerns and any actions taken and by whom, in line with their agency policy. This should include the rationale for any decisions that have been made
- Complete an appropriate risk assessment to ensure children and adults at risk are protected
- If the person is a foster carer or adult placement carer consideration must be given for the need for safe care arrangements for any other children or adults at risk within their care
- If the person works within a health or social care setting consideration must be given to ensure protective measures are implemented for any other children or adults at risk.
- The employer must seek advice from the Police and / or LADO about how much information can be disclosed to the subject of the concern person(s).
- The employer should provide welfare support to the subject of the concern