Chapter 2: Organisational responsibilities

Contents

Section 11 of the Children Act 2004
Individual organisational responsibilities
Schools and colleges
Early Years and Childcare
Health Services
Police
Adult social care services
Housing services
British Transport Police
Prison Service
Probation Service
The secure estate for children
Youth Offending Teams
UK Visas and Immigration, Immigration Enforcement and the Border Force
Children and Family Court Advisory and Support Service
Armed Services
Voluntary and private sectors
Faith Organisations


1.

The previous chapter set out the need for organisations, working together, to take a coordinated approach to ensure effective safeguarding arrangements. This is supported by the duty on local authorities under section 10 of the Children Act 2004 to make arrangements to promote cooperation to improve the well-being of all children in the authority's area.

2.

In addition, a range of individual organisations and professionals working with children and families have specific statutory duties to promote the welfare of children and ensure they are protected from harm.

Section 11 of the Children Act 2004

Section 11 of the Children Act 2004 places duties on a range of organisations and individuals to ensure their functions, and any services that they contract out to others, are discharged having regard to the need to safeguard and promote the welfare of children.

Various other statutory duties apply to other specific organisations working with children and families and are set out in this chapter.


3.

Section 11 places a duty on:

  • local authorities and district councils that provide children's and other types of services, including children's and adult social care services, public health, housing, sport, culture and leisure services, licensing authorities and youth services;
  • NHS organisations, including the NHS England and clinical commissioning groups, NHS Trusts and NHS Foundation Trusts;
  • the police, including police and crime commissioners and the chief officer of each police force in England and the Mayor's Office for Policing and Crime in London;
  • the British Transport Police;
  • the National Probation Service and Community Rehabilitation Companies;[22]
  • Governors/Directors of Prisons and Young Offender Institutions;
  • Directors of Secure Training Centres;
  • Principals of Secure Colleges; and

  • Youth Offending Teams/Services.

[22] The section 11 duty is conferred on the Community Rehabilitation Companies by virtue of contractual arrangements entered into with the Secretary of State.

4.

These organisations should have in place arrangements that reflect the importance of safeguarding and promoting the welfare of children, including:

  • a clear line of accountability for the commissioning and/or provision of services designed to safeguard and promote the welfare of children;
  • a senior board level lead to take leadership responsibility for the organisation's safeguarding arrangements;
  • a culture of listening to children and taking account of their wishes and feelings, both in individual decisions and the development of services;
  • clear whistleblowing procedures, which reflect the principles in Sir Robert  Francis’s Freedom to Speak Up review and are suitably referenced in staff training and codes of conduct, and a culture that enables issues about safeguarding and promoting the welfare of children to be addressed;[23]
  • arrangements which set out clearly the processes for sharing information, with other professionals and with the Local Safeguarding Children Board (LSCB);
  • a designated professional lead (or, for health provider organisations, named professionals) for safeguarding. Their role is to support other professionals in their agencies to recognise the needs of children, including rescue from possible abuse or neglect. Designated professional roles should always be explicitly defined in job descriptions. Professionals should be given sufficient time, funding, supervision and support to fulfil their child welfare and safeguarding responsibilities effectively;
  • safe recruitment practices for individuals whom the organisation will permit to work regularly with children, including policies on when to obtain a criminal record check;
  • appropriate supervision and support for staff, including undertaking safeguarding training:
    • employers are responsible for ensuring that their staff are competent to carry out their responsibilities for safeguarding and promoting the welfare of children and creating an environment where staff feel able to raise concerns and feel supported in their safeguarding role;
    • staff should be given a mandatory induction, which includes familiarisation with child protection responsibilities and procedures to be followed if anyone has any concerns about a child's safety or welfare; and
    • all professionals should have regular reviews of their own practice to ensure they improve over time.
  • clear policies in line with those from the LSCB for dealing with allegations against people who work with children. Such policies should make a clear distinction between an allegation, a concern about the quality of care or practice or a complaint. An allegation may relate to a person who works with children who has::
    • behaved in a way that has harmed a child, or may have harmed a child;
    • possibly committed a criminal offence against or related to a child; or
    • behaved towards a child or children in a way that indicates they may pose a risk of harm to children.

[23] Sir Robert Francis’s Freedom to Speak Up review report.

5.

County level and unitary local authorities should ensure that allegations against people who work with children are not dealt with in isolation. Any action necessary to address corresponding welfare concerns in relation to the child or children involved should be taken without delay and in a coordinated manner. Local authorities should, in addition, have designated a particular officer, or team of officers (either as part of multi- agency arrangements or otherwise), to be involved in the management and oversight of allegations against people that work with children. Any such officer, or team of officers, should be sufficiently qualified and experienced to be able to fulfil this role effectively, for example qualified social workers. Any new appointments to such a role, other than current or former designated officers moving between local authorities, should be qualified social workers. Arrangements should be put in place to ensure that any allegations about those who work with children are passed to the designated officer, or team of officers, without delay.

6.

Local authorities should put in place arrangements to provide advice and guidance on how to deal with allegations against people who work with children to employers and voluntary organisations. Local authorities should also ensure that there are appropriate arrangements in place to effectively liaise with the police and other agencies to monitor the progress of cases and ensure that they are dealt with as quickly as possible, consistent with a thorough and fair process.

7.

Employers and voluntary organisations should ensure that they have clear policies in place setting out the process, including timescales, for investigation and what support and advice will be available to individuals against whom allegations have been made. Any allegation against people who work with children should be reported immediately to a senior manager within the organisation. The designated officer, or team of officers, should also be informed within one working day of all allegations that come to an employer’s attention or that are made directly to the police.

8.

If an organisation removes an individual (paid worker or unpaid volunteer) from work such as looking after children (or would have, had the person not left first) because the person poses a risk of harm to children, the organisation must make a referral to the Disclosure and Barring Service. It is an offence to fail to make a referral without good reason.

Individual organisational responsibilities

9.

In addition to these section 11 duties, which apply to a number of named organisations, further safeguarding duties are also placed on individual organisations through other statutes. The key duties that fall on each individual organisation are set out below.

Schools and colleges

10.

The governing bodies, management committees or proprietors of the following schools have duties in relation to safeguarding and promoting the welfare of pupils:

  • Maintained schools (including maintained nursery schools), further education colleges and sixth form colleges, and pupil referral units;[24],[25]
  • Independent schools (including academy schools, free schools and alternative provision academies);26 and
  • Non-maintained special schools.[27]

[24] As established under the Further Education and Higher Education Act 1992.
[25] Section 175, Education Act 2002 – for management committees of pupil referral units, this is by virtue of
regulation 3 and paragraph 19A of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007.
[26] Under the Education (Independent School Standards) (England) Regulations 2014.  27 Under the Education (Non-Maintained Special Schools) (England) Regulations 2011.  28 Keeping Children Safe in Education (2015).

11.

In order to fulfil their safeguarding duties, these bodies should have in place the arrangements set out in chapter 2, paragraph 4.

12.

Schools and colleges must also have regard to statutory guidance Keeping Children Safe in Education (2015), which provides further guidance as to how they should fulfil their duties in respect of safeguarding and promoting the welfare of children in their care.[28]

[28] Keeping Children Safe in Education (2015).

Early Years and Childcare

13.

Early years providers have a duty under section 40 of the Childcare Act 2006 to comply with the welfare requirements of the Early Years Foundation Stage. [29] Early years providers should ensure that:

  • staff complete safeguarding training that enables them to recognise signs of potential abuse and neglect; and
  • they have a practitioner who is designated to take lead responsibility for safeguarding children within each early years setting and who should liaise with local statutory children's services agencies as appropriate. This lead should also complete child protection training.

[29] DfE guidance on the welfare requirements of the Early Years Foundation Stage.

Health Services

14.

NHS organisations are subject to the section 11 duties set out in paragraph 4 of this chapter. Health professionals are in a strong position to identify welfare needs or safeguarding concerns regarding individual children and, where appropriate, provide support. This includes understanding risk factors, communicating effectively with children and families, liaising with other agencies, assessing needs and capacity, responding to those needs and contributing to multi-agency assessments and reviews.

15.

A wide range of health professionals have a critical role to play in safeguarding and promoting the welfare of children including: GPs, primary care professionals, paediatricians, nurses, health visitors, midwives, school nurses, those working in maternity, child and adolescent mental health, youth custody establishments, adult mental health, alcohol and drug services, unscheduled and emergency care settings and secondary and tertiary care.

16.

All staff working in healthcare settings – including those who predominantly treat adults – should receive training to ensure they attain the competences appropriate to their role and follow the relevant professional guidance.[30],[31],[32]

[30] Safeguarding Children and Young People: roles and competences for health care staff, RCPCH (2014).
[31] Looked after children: Knowledge, skills and competences of health care staff, RCN and RCPCH, (2012)
[32] For example, Protecting children and young people: the responsibilities of all doctors, GMC (2012) and Safeguarding Children and Young People: The RCGP/NSPCC Safeguarding Children Toolkit for General  Practice, RCGP (2014).

17.

Within the NHS:[33]

  • NHS England is responsible for ensuring that the health commissioning system as a whole is working effectively to safeguard and promote the welfare of children. It is also accountable for the services it directly commissions, including health care services in the under-18 secure estate and in police custody. NHS England also leads and defines improvement in safeguarding practice and outcomes and should also ensure that there are effective mechanisms for LSCBs and health and well- being boards to raise concerns about the engagement and leadership of the local NHS;
  • clinical commissioning groups (CCGs)are the major commissioners of local health services and are responsible for safeguarding quality assurance through contractual arrangements with all provider organisations. CCGs should employ, or have in place, a contractual agreement to secure the expertise of designated professionals, i.e. designated doctors and nurses for safeguarding children and for looked after children (and designated paediatricians for unexpected deaths in childhood). In some areas there will be more than one CCG per local authority and LSCB area, and CCGs may consider ‘lead’ or ‘hosting’ arrangements for their designated professional team, or a clinical network arrangement. Designated professionals, as clinical experts and strategic leaders, are a vital source of advice to the CCG, NHS England, the local authority and the LSCB, and of advice and support to other health professionals; and
  • all providers of NHS funded health services including NHS Trusts, NHS Foundation Trusts and public, voluntary sector, independent sector and social enterprises should identify a named doctor and a named nurse (and a named midwife if the organisation provides maternity services) for safeguarding. In the case of NHS Direct, ambulance trusts and independent providers, this should be a named professional. GP practices should have a lead and deputy lead for safeguarding, who should work closely with named GPs. Named professionals have a key role in promoting good professional practice within their organisation, providing advice and expertise for fellow professionals, and ensuring safeguarding training is in place. They should work closely with their organisation’s safeguarding lead, designated professionals and the LSCB.[34]

[33] Further guidance on accountabilities for safeguarding children in the NHS is available in Safeguarding Vulnerable People in the Reformed NHS: Accountability and Assurance Framework (2013).
[34] Model job descriptions for designated and named professional roles can be found in the intercollegiate document Safeguarding Children and Young People: roles and competences for health care staff and Safeguarding Children and Young People: The RCGP/NSPCC Safeguarding Children Toolkit for General  Practice, RCGP (2014).

Police

18.

The police are subject to the section 11 duties set out in paragraph 4 of this chapter. Under section 1(8)(h) of the Police Reform and Social Responsibility Act 2011 the police and crime commissioner must hold the Chief Constable to account for the exercise of the latter's duties in relation to safeguarding children under sections 10 and 11 of the Children Act 2004.

19.

All police officers, and other police employees such as Police Community Support Officers, are well placed to identify early when a child's welfare is at risk and when a child may need protection from harm. Children have the right to the full protection offered by the criminal law. In addition to identifying when a child may be a victim of a crime, police officers should be aware of the effect of other incidents which might pose safeguarding risks to children and where officers should pay particular attention. For example, an officer attending a domestic abuse incident should be aware of the effect of such behaviour on any children in the household. Children who are encountered as offenders, or alleged offenders, are entitled to the same safeguards and protection as any other child and due regard should be given to their welfare at all times.

20.

The police can hold important information about children who may be suffering, or likely to suffer, significant harm, as well as those who cause such harm. They should always share this information with other organisations where this is necessary to protect children. Similarly, they can expect other organisations to share information to enable the police to carry out their duties. Offences committed against children can be particularly sensitive and usually require the police to work with other organisations such as local authority children's social care. All police forces should have officers trained in child abuse investigation.

21.

The police have emergency powers under section 46 of the Children Act 1989 to enter premises and remove a child to ensure their immediate protection. This power can be used if the police have reasonable cause to believe a child is suffering or is likely to suffer significant harm. Police emergency powers can help in emergency situations but should be used only when necessary. Wherever possible, the decision to remove a child from a parent or carer should be made by a court.

Adult social care services

22.

Local authorities provide services to adults who are responsible for children who may be in need. These services are subject to the section 11 duties set out in paragraph 4 of this chapter. When staff are providing services to adults they should ask whether there are children in the family and consider whether the children need help or protection from harm. Children may be at greater risk of harm or be in need of additional help in families where the adults have mental health problems, misuse substances or alcohol, are in a violent relationship or have complex needs or have learning difficulties.

23.

Adults with parental responsibilities for disabled children have a right to a separate parent carer’s needs assessment under section 17ZD of the Children Act 1989. Adults that do not have parental responsibility, but are caring for a disabled child, are entitled to an assessment on their ability to provide, or to continue to provide, care for that disabled child under the Carers (Recognition and Services) Act 1995. That assessment must also consider whether the carer works or wishes to work, or whether they wish to engage in any education, training or recreation activities.

24.

Adult social care services should liaise with children’s social care services to ensure that there is a joined-up approach when carrying out such assessments.

Housing services

25.

Housing and homelessness services in local authorities and others at the front line such as environmental health organisations are subject to the section 11 duties set out in paragraph 4 of this chapter. Professionals working in these services may become aware of conditions that could have an adverse impact on children. Under Part 1 of the Housing Act 2004, authorities must take account of the impact of health and safety hazards in housing on vulnerable occupants, including children, when deciding on the action to be taken by landlords to improve conditions. Housing authorities also have an important role to play in safeguarding vulnerable young people, including young people who are pregnant, leaving care or a secure establishment.

British Transport Police

26.

The British Transport Police (BTP) is subject to the section 11 duties set out in paragraph 4 of this chapter. In its role as the national police for the railways, the BTP can play an important role in safeguarding and promoting the welfare of children, especially in identifying and supporting children who have run away or who are truanting from school.

27.

The BTP should carry out its duties in accordance with its legislative powers. This includes removing a child to a suitable place using their police protection powers under the Children Act 1989 and the protection of children who are truanting from school using powers under the Crime and Disorder Act 1998. This involves, for example, the appointment of a designated independent officer in the instance of a child taken into police protection.

Prison Service

28.

The Prison Service is subject to the section 11 duties set out in paragraph 4 of this chapter. It also has a responsibility to identify prisoners who pose a risk of harm to children. [35] Where an individual has been identified as presenting a risk of harm to children, the relevant prison establishment:

  • should inform the local authority children's social care services of the offender's reception to prison and subsequent transfers and of the release address of the offender;
  • should notify the relevant probation service provider. The police should also be notified of the release address;[36] and

  • may prevent or restrict a prisoner’s contact with children. Decisions on the level of contact, if any, should be based on a multi-agency risk assessment. The assessment should draw on relevant risk information held by police, probation service provider and prison service. The relevant local authority children’s social care contribute to the multi-agency risk assessment by providing a report on the child’s best interests. The best interests of the child will be paramount in the decision-making process.[37]

[35] HMP Public Protection Manual.
[36] The management of an individual who presents a risk of harm to children will often be through a multi- disciplinary Interdepartmental Risk Management Team (IRMT).
[37] Ministry of Justice Chapter 2, Section 2 of HM Prison Service Public Protection Manual.

29.

A prison is also able to monitor an individual’s communication (including letters and telephone calls) to protect children where proportionate and necessary to the risk presented.

30.

Governors/Directors of women’s prisons which have Mother and Baby Units should ensure that:

  • there is at all times a member of staff on duty in the unit who is proficient in child protection, health and safety and first aid/child resuscitation; and
  • each baby has a child care plan setting out how the best interests of the child will be maintained and promoted during the child's residence in the unit.

Probation Service

31.

Probation services are provided by the National Probation Service (NPS) and 21 Community Rehabilitation Companies (CRCs). The NPS and CRCs are subject to the section 11 duties set out in paragraph 4 of this chapter.[38] They are primarily responsible for working with adult offenders both in the community and in the transition from custody to community to reduce reoffending and improve rehabilitation. They are, therefore, well placed to identify offenders who pose a risk of harm to children as well as children who may be at heightened risk of involvement in (or exposure to) criminal or anti-social behaviour and of other poor outcomes due the offending behaviour of their parent/carer(s).

[38] The section 11 duty is conferred on the Community Rehabilitation Companies by virtue of contractual arrangements entered into with the Secretary of State.

32.

Where an adult offender is assessed as presenting a risk of serious harm to children, the offender manager should develop a risk management plan and supervision plan that contains a specific objective to manage and reduce the risk of harm to children.

33.

In preparing a sentence plan, offender managers should consider how planned interventions might bear on parental responsibilities and whether the planned interventions could contribute to improved outcomes for children known to be in an existing relationship with the offender.

The secure estate for children

34.

Governors, managers, directors and principals of the following secure establishments are subject to the section 11 duties set out in paragraph 4 of this chapter:

  • a secure training centre;
  • a young offender institution;
  • secure children’s homes, namely children’s homes approved by the Secretary of State for accommodating children and young people who require the protection of a secure setting; and
  • a secure college.
35.

Each centre holding those aged under 18 should have in place an annually reviewed safeguarding children policy. The policy is designed to promote and safeguard the welfare of children and should cover all relevant operational areas as well as key supporting processes, which would include issues such as child protection, risk of harm, restraint, separation, staff recruitment and information sharing. A manager should be appointed and will be responsible for implementation of this policy.[39]

[39] Detailed guidance on the safeguarding children policy, the roles of the safeguarding children manager and the safeguarding children committee, and the role of the establishment in relation to the LSCB can be found in Prison Service Instruction (PSI) 08/2012 ‘Care and Management of Young People’.

Youth Offending Teams

36.

Youth Offending Teams (YOTs) are subject to the section 11 duties set out in paragraph 4 of this chapter. YOTs are multi-agency teams responsible for the supervision of children and young people subject to pre-court interventions and statutory court disposals. [40] They are therefore well placed to identify children known to relevant organisations as being most at risk of offending and to undertake work to prevent them offending. YOTs should have a lead officer responsible for ensuring safeguarding is at the forefront of their business.

[40] The statutory membership of YOTs is set out in section 39 (5) of the Crime and Disorder Act 1998.

37.

Under section 38 of the Crime and Disorder Act 1998, local authorities must, within the delivery of youth justice services, ensure the 'provision of persons to act as appropriate adults to safeguard the interests of children and young persons detained or questioned by police officers'.

UK Visas and Immigration, Immigration Enforcement and the Border Force

38.

Section 55 of the Borders, Citizenship and Immigration Act 2009 places upon the Secretary of State a duty to make arrangements to take account of the need to safeguard and promote the welfare of children in discharging functions relating to immigration, asylum, nationality and customs. These functions are discharged on behalf of the Secretary of State by UK Visas and Immigration, Immigration Enforcement and the Border Force, which are part of the Home Office. The statutory guidance Arrangements to Safeguard and Promote Children’s Welfare and other guidance relevant to the discharge of specific immigration functions set out these arrangements.[41]

[41] Arrangements to Safeguard and Promote Children’s Welfare in the United Kingdom Border Agency. (original title “Every Child Matters” statutory guidance to the UK Border Agency under section 55 of the Borders, Citizenship and Immigration Act 2009).

Children and Family Court Advisory and Support Service

39.

The responsibility of the Children and Family Court Advisory and Support Service (Cafcass), as set out in the Children Act 1989, is to safeguard and promote the welfare of individual children who are the subject of family court proceedings. It achieves this by providing independent social work advice to the court.

40.

A Cafcass officer has a statutory right in public law cases to access local authority records relating to the child concerned and any application under the Children Act 1989. That power also extends to other records that relate to the child and the wider functions of the local authority, or records held by an authorised body that relate to that child.

41.

Where a Cafcass officer has been appointed by the court as a child’s guardian  and the matter before the court relates to specified proceedings, they should be invited to all formal planning meetings convened by the local authority in respect of the child. This includes statutory reviews of children who are accommodated or looked after, child protection conferences and relevant adoption panel meetings.

Armed Services

42.

Local authorities have the statutory responsibility for safeguarding and promoting the welfare of the children of service families in the UK.[42],[43] In discharging these responsibilities:

In discharging these responsibilities:

  • local authorities should ensure that the Soldiers, Sailors, Airmen, and Families Association Forces Help, the British Forces Social Work Service or the Naval Personal and Family Service is made aware of any service child who is the subject of a child protection plan and whose family is about to move overseas; and
  • each local authority with a United States base in its area should establish liaison arrangements with the base commander and relevant staff. The requirements of English child welfare legislation should be explained clearly to the US authorities, so that the local authority can fulfil its statutory duties.

[42] When service families or civilians working with the armed forces are based overseas the responsibility for safeguarding and promoting the welfare of their children is vested in the Ministry of Defence.
[43] The Army welfare contact is through the Army Welfare Service Intake and Assessment Team: Tel. 01904 662613 or email: AWS-HQ-IAT@mod.uk; The Naval Service welfare contact is through the RN RM Welfare
(RNRMW) Portal. Tel: (Mil): 9380 28777; (Civ): +44 (0)23 9272 8777 or, email: navypers-welfare@mod.uk; The RAF welfare contact is through the Personal Support & Social Work Service RAF (SSAFA).
Tel:Mil:95221 6333; (Civ): +44 (0) 01494 49 6477/6333 or email: air-cospers-polssafahd@mod.uk.

Voluntary and private sectors

43.

Voluntary organisations and private sector providers play an important role in delivering services to children. They should have the arrangements described in paragraph 4 of this chapter in place in the same way as organisations in the public sector, and need to work effectively with the LSCB. Paid and volunteer staff need to be aware of their responsibilities for safeguarding and promoting the welfare of children, how they should respond to child protection concerns and make a referral to local authority children's social care or the police if necessary.

Faith Organisations

44.

Churches, other places of worship and faith-based organisations provide a wide range of activities for children and have an important role in safeguarding children and supporting families. Like other organisations who work with children they need to have appropriate arrangements in place to safeguard and promote the welfare of children, as described in paragraph 4 of this chapter.