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Section 1 - Introduction

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Page Contents:

Background

I. Parenting, Family Life and Services

Patterns of family life vary and there is no one, perfect way to bring up children. Good parenting involves caring for children’s basic needs, keeping them safe, showing them warmth and love, encouraging them to express their view and consistently taking these views into account and providing the stimulation needed for their development and to help them achieve their potential, within a stable environment where they experience consistent guidance and boundaries.

Parenting can be challenging. Parents themselves require and deserve support. Asking for help should be seen as a sign of responsibility rather than as a parenting failure.

A wide range of services and professionals provide support to families in bringing up children. However in the great majority of cases, it will be the decision of parents when to ask for help and advise on their children’s care and upbringing. As well as being responsive to children’s direct request for help and advise, professionals also need to engage with parents at the earliest opportunity when doing so may prevent problems of difficulties getting worse. Only in exceptional cases should there be compulsory intervention in family life: for example, where this is necessary to safeguard a child from significant harm. Such intervention should - provided this is consistent with the safety and welfare of the child - support families in making their own plans for the welfare and protection of their children.

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II. An Integrated Approach

Children have varying needs which change over time. Judgements on how best to intervene when there are concerns about harm to a child will often and unavoidably entail an element of risk - at the extreme, of leaving a child for too long in a dangerous situation or of removing a child unnecessarily from their family. The way to proceed in the face of uncertainty is through competent professional judgements based on a sound assessment of the child’s needs and the parents’ capacity to respond to these - including their capacity to keep the child safe from significant harm - and the wider family circumstances.

Effective measures to safeguard children are those which also promote their welfare. They should not be seen in isolation from the wider range of support and services already provided and available to meet the needs of children and families.

Enquiries under Section 47 of the Children Act 1989 may reveal significant unmet needs for support and services among children and families. These should always be explicitly considered, even where concerns are not substantiated about significant harm to a child, if the family so wishes and if processes for managing concerns about individual children are to result in improved outcomes for children, then effective plans for safeguarding and promoting children’s welfare should be based on a wide ranging assessment of the needs of the child, including the child’s wishes and feelings, whether they are suffering or likely to suffer significant harm, parental capacity and their family circumstances.

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III. Lord Laming’s Progress Report

Following the case of ‘Baby P’, the Secretary of State for Children, Schools and Families, commissioned Lord Laming in November 2009 to provide an urgent report on the progress being made across the country to implement effective arrangements for safeguarding children since the publication of the report of the Independent Statutory Inquiry following the death of Victoria Climbié.

Lord Laming published The Protection of Children in England: A Progress Report on 12 March 2009. He confirmed that robust legislative, structural and policy foundations were in place but commented that although ‘a great deal of progress has been made’ in protecting children from harm, ‘much more needs to be done to ensure that services are as effective as possible at working together to achieve positive outcomes for children’. Lord Laming made 58 recommendations relating to: leadership and accountability, support for children, inter-agency working, children’s workforce, improvement and challenge, organisation and finance and the legal framework. The Government accepted all of Lord Laming’s recommendations and made a number of commitments for future action. Progress has been made by the Government in addressing a number of the recommendations, the publication of the revised Working Together 2010 addresses a further 23.

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Section 1 - Introduction

The child protection procedures identify the working practices for all statutory and voluntary agencies and the public to work together to safeguard and promote the welfare of children and young people within North East Lincolnshire. The procedures provide a framework to enable effective joint working between agencies and should be read in conjunction with individual agency procedures.

All children and young people deserve the opportunity to achieve their full potential. This is set is out in five outcomes that are key to children and young people’s wellbeing; Every Child Matters 2003 defines the five outcomes that are key to children and young peoples well being;

  • stay safe;
  • be healthy;
  • enjoy and achieve;
  • make a positive contribution;
  • achieve economic well-being.

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Part 1 - Legislative Framework

The publication of the Every Child Matters Green Paper in 2003 alongside the formal response to the Inquiry into the death of Victoria Climbié, and followed by the Children Act 2004, and in particular plans for integration of services around the needs of children and young people. The Children Act 2004 set out ‘being safe’ as one of five important outcomes for children and young people. In this context, three key provisions were:

  • the creation of Children’s Trusts under the duty to co-operate;
  • the setting up of Local Safeguarding Children Boards (LSCBs); and
  • the duty on all agencies to make arrangements to safeguard and promote the welfare of children.

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The Children Act 2004

1.1 This provided the legislative framework for the required reforms of Children’s Services, it established the following key change, a duty on Local Authorities to make arrangements to promote co-operation between agencies and other appropriate bodies (such as voluntary and community organisations) and a duty on key partners to take part in the co-operation arrangements in order to improve children and young people’s well-being (where well-being is defined by reference to the five outcomes).

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Integrated Front Line Delivery

1.2.1 Means children and young people will;

  • be safeguarded from harm
  • have better opportunities to develop and reach their full potential
  • receive effective support earlier if they experience difficulties
  • be better able to access targeted services faster and with less stigma as a result of closer links between these targeted services and universal services
  • parents and carers from will;
    • have more and better information, advice and support
    • have access to targeted support when needed

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The Common Assessment Framework

1.3.1 The Common Assessment Framework (CAF) is a key component in the Every Child Matters Change for Children Programme, and is a tool to enable early and effective assessment of children and young people who need additional services or support from more than one agency. It is a holistic consent-based needs assessment framework which records, in a single place and in a structured and consistent way, every aspect of a child’s life, family and environment.

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Part 2 - Roles and Responsibilities (Statutory Guidance)

The guidance within Working Together 2010 specifically states that all organisations that work with children share a responsibility and a commitment to safeguard and promote their welfare of children, irrespective of individual roles. Many organisations have specific responsibilities underpinned by a statutory duty or duties. This document outlines those responsibilities. For instance, Local Authorities that are Children’s Services Authorities have a number of specific duties to organise and plan services and to safeguard and promote the welfare of children.

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Children Act 2004

2.1.1 Section 10 of the Children Act 2004 is the legislative basis for Children’s Trust arrangements the key components of which are;

  • to work together in more integrated front-line services, built around the needs of children and young people
  • common processes which are designed to create and underpin joint working
  • a planning and commissioning framework which brings together agencies planning, supported as appropriate by the pooling of resources and ensures key priorities are identified and addressed
  • strong inter-agency governance arrangements, in which shared ownership is coupled with clear accountability

2.1.2 Section 11 requires a range of organisations to make arrangements for ensuring that the functions and services provided on their behalf are discharged, having regard to the need to safeguard and promote the welfare of children and young people.

2.1.3 Section 12 enables the Secretary of State to require Local Authorities to establish and operate databases relating to the Section 10 or 11 duties (above) or the Section 175 duty (below), or to establish and operate databases nationally. The section limits the information that may be included in those databases and sets out which organisations can be required to and which can be enabled to, disclose information to be included in the databases.

2.1.4 Section 12A was inserted by Section 194 of the Apprenticeships, Skills Children and Learners Act 2009 and requires the co-operation arrangements made under section 10 to include the establishment of a Children’s Trust Board.

2.1.5 Section 13 of the Children Act 2004 requires a range of organisations to take part in Local Safeguarding Children Boards.

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Education Act 2002

2.2.1 Section 175 places a duty on Local Education Authorities, maintained (state) schools further education institutions, including sixth form colleges and governors, to exercise their functions with a view to safeguarding and promoting the welfare of children and young people (children and young people who are pupils and students under 18 years of age, in the case of schools and colleges).

2.2.2 The same duty is put on independent schools, including academies, by regulations made under Section 157 of the Education Act.

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Children Act 1989

2.3.1 The Children Act 1989 places a duty on local authorities to promote and safeguard the welfare of children in need in their area.

2.3.2 Local Authorities that are Children’s Services Authorities have a number of specific duties to organise and plan services and to safeguard and promote the welfare of children and young people:

  • It is critical to emphasise that we all have a commitment and share responsibility for safeguarding and promoting the welfare of children and young people which includes all organisations working with and providing services for children and young people, including those not under specific statutory duties as outlined above.
  • All members of the community can help to safeguard and promote the welfare of children and young people if they are mindful of their needs and willing and able to act if they have concerns about a child or young person’s welfare.
  • An awareness and appreciation of the role of others is also essential for effective collaboration between organisations and their practitioners.

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A Shared Responsibility

2.4.1 Further information regarding how roles and responsibilities are carried out locally can be obtained by referring to the appropriate agencies separate section in Section 11 of this document - “individual agencies procedures”.

2.4.2 Safeguarding and promoting the welfare of children - and in particular protecting them from significant harm - depends on effective joint working between agencies and professionals that have different roles and expertise. Individual children, especially some of the most vulnerable children and those at greatest risk of suffering harm and social exclusion, will need co-ordinated help from health, education, early years, children’s social care, the voluntary sector and other agencies, including youth justice services.

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Safeguarding Responsibilities

2.4.3.1 To fulfil their commitment to safeguard and promote the welfare of children and young people all organisations that provide services for children, parents or families, or work with children, should have in place:

  • clear priorities for safeguarding and promoting the welfare of children explicitly stated in key policy documents and commissioning strategies;
  • clear commitment by senior management to the importance of safeguarding and promoting children’s welfare through both the commissioning and the provision of services;
  • a culture of listening to and engaging in dialogue with children – seeking their views in ways appropriate to their age and understanding, and taking account of those both in individual decisions and the establishment or development and improvement of services;
  • a clear line of accountability and governance within and across organisations for the commissioning and provision of services designed to safeguard and promote the welfare of children and young people;
  • recruitment and human resources management procedures and commissioning safeguard and promote the welfare of children and young people, including arrangements for appropriate checks on new staff and volunteers and adoption of best practice in the recruitment of new staff and volunteers;
  • a clear understanding of how to work together to help keep children and young people safe online by being adequately equipped to understand, identify and mitigate the risks of new technology;
  • procedures for dealing with allegations of abuse against members of staff and volunteers or, for commissioners, contractual arrangements with providers that ensure these procedures are in place;
  • arrangements to ensure that all staff undertake appropriate training to equip them to carry out their responsibilities effectively, and keep this up to date by refresher training at regular intervals; and that all staff, including temporary staff and volunteers who work with children, are made aware of both the establishment’s arrangements and their responsibilities for safeguarding and promoting the welfare of children;
  • policies for safeguarding and promoting the welfare of children (for example, pupils/students), including a child protection policy, effective complaints procedures and procedures that are in accordance with guidance from the local authority and locally agreed inter-agency procedures;
  • arrangements to work effectively with other organisations to safeguard and promote the welfare of children, including arrangements for sharing information and
  • appropriate whistle blowing procedures and a culture that enables issues about safeguarding and promoting the welfare of children to be addressed.

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Information Sharing

2.4.4.1 Effective information sharing underpins integrated working and is a vital element of both early intervention and safeguarding.

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Local Authorities that are Children’s Services Authorities

Introduction

The safety and welfare of children and young people is the responsibility of the local authority, working in partnership with other public organisations, the private and third sector, and service users and carers. Integrating the delivery of these services at the frontline can help to maximise their effectiveness. An integrated and preferably co-located workforce that includes active partners from the police, health visiting services and other relevant health services, can enable these services to be provided both more effectively and more efficiently. Local authorities should work with partners to ensure that all services are working together effectively at an operational level, for example by meeting regularly to help build and develop positive professional relationships, share information, discuss issues and improve working practices. Local authorities, together with their Children’s Trust partners, should look closely at any opportunity to integrate and co-locate services, taking into account specific local needs and circumstances.

2.5.1.1 As part of exercising statutory responsibilities, and in order to ensure that specialist services are commissioned effectively, it is important that local authorities work through the Children’s Trust Board and wider co-operation arrangements to agree, in consultation with the LSCB:

  • governance arrangements and systems to support commissioning of specialist services between relevant partners;
  • a strategic approach to understanding needs, including a sophisticated analysis of data and effective engagement with children, young people and families;
  • a strategic approach to understanding the effectiveness of current services, and identifying priorities for change - including where services need to be improved, reshaped or developed;
  • integrated and effective arrangements for ensuring that priorities for change are delivered through the Children and Young People’s Plan by the Children’s Trust partners; and
  • integrated and effective approaches to understanding the impact of specialist services on outcomes for children, young people and families, and using this understanding to constructively challenge progress and drive further improvement.

2.5.1.2 Local authorities have specific duties in respect of children under the Children Act 1989 and the Children Act 2004. They have a general duty to safeguard and promote the welfare of children in need in their area and, provided that this is consistent with the child’s safety and welfare, to promote the upbringing of such children by their families by providing services appropriate to the child’s needs. They should do this in partnership with parents, in a way that is sensitive to the child’s race, religion, culture and language and that takes account of the child’s wishes and feelings. Services might include childcare for young children, after-school care for school children, counselling, short breaks, family centre services, practical help in the home or targeted parenting and family support.

2.5.1.3 Within local authorities, children’s social care staff act as the principal point of contact for children about whom there are welfare concerns.

2.5.1.4 They may be contacted directly by children, parents or family members seeking help, by concerned friends and neighbours, or by professionals and others from statutory and voluntary organisations. The need for family support should be considered at the first sign of difficulties, as early support can prevent more serious problems developing.

2.5.1.5 Contact details need to be clearly signposted, including on local authority websites, on notice boards in schools, health centres, public libraries and leisure centres, and in telephone directories. Specific consideration should be given as to how children and young people will be made aware of whom they can contact if they require advice and/or support: this includes children living away from home in educational, health or custodial settings, for example. Good practice in information sharing and processes such as the CAF and the lead professional role should be fully embedded throughout the Children’s Trust co-operation arrangements.

2.5.1.6 Local authorities, with the help of other organisations as appropriate, also have a duty to make enquiries if they have reason to suspect that a child in their area is suffering, or likely to suffer, significant harm, to enable them to decide whether they should take any action to safeguard and promote the child’s welfare.

2.5.1.6 Where a child or young person is suffering or likely to suffer significant harm, children’s social care staff have lead responsibility for undertaking an assessment of the child’s needs, the parents’ capacity to meet these needs and to keep the child safe and promote his or her welfare, and of the wider family and environmental circumstances. The child’s own account of their needs, concerns, the capacity of their parents to protect them and promote their welfare, as well as other factors, should be taken into account as part of the assessment and subsequent interventions.

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Other Local Authority Roles - Adult Social Services

Local authorities are also the lead agency for safeguarding adults. Services do not always neatly divide into those for adults and those for children, and there will be circumstances when adult services can make a contribution to the safeguarding of children, and circumstances when staff in adult services may become aware of risks of harm to children which should be disclosed, and vice versa. There will also be circumstances when safeguarding children and adults can and should be done jointly. For all these reasons children and adult services should be aware of each other’s roles and responsibilities, and service and workforce planning should take account of the family and neighbourhood context in which safeguarding work is carried out.

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Housing authorities and registered social landlords

As outlined in the Section 11 guidance, housing and homelessness staff in local authorities, and others with a front line role such as environmental health officers, can play an important role in safeguarding and promoting the welfare of children as part of their day-to-day work - recognising child welfare issues, sharing information, making referrals and subsequently managing or reducing risks of harm.

2.5.3.1 In many areas, local authorities do not directly own and manage housing, having transferred these responsibilities to one or more registered social landlords (RSLs).

2.5.3.2 Housing authorities remain responsible for assessing the needs of families, under homelessness legislation, and for managing nominations to RSLs who provide housing in their area. They continue to have an important role in safeguarding children because of their contact with families as part of the assessment of need, and because of the influence they have designing and managing prioritisation, assessment and allocation of housing.

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Sport, Culture and Leisure Services

Sport and cultural services designed for children and families - such as libraries, play schemes and play facilities, parks and gardens, sport and leisure centres, events and attractions, museums and arts centres - are directly provided, purchased or grant aided by local authorities, the commercial sector, and by community and voluntary organisations. Staff, volunteers and contractors who provide these services have various degrees of contact with children who use them, and appropriate arrangements need to be in place. These should include:

  • procedures for staff and others to report concerns they may have, about the children they meet, which are in line with 'What To Do If You’re Worried A Child Is Being Abused' and LSCB procedures, as well as arrangements such as those described above; and
  • appropriate codes of practice for staff, particularly sports coaches, such as the codes of practice issued by national governing bodies of sport, the Health and Safety Executive or the local authority.

2.5.4.1 Sports organisations can also seek advice on child protection issues from the Child Protection in Sport Unit (CPSU), while third sector organisations can also seek advice from the Safe Network.

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Youth Services

Youth and community workers (YCWs) have close contact with children and young people and should be alert to signs of abuse and neglect, and know how to act on concerns about a child’s welfare. Increasingly, Youth Services form part of targeted rather than universal services and thus are dealing with a higher proportion of vulnerable young people. Local authority youth services (LAYS) should give written instructions, consistent with 'What To Do If You’re Worried a Child Is Being Abused' and LSCB procedures, on when YCWs should consult colleagues, line managers and other statutory authorities about concerns they may have about a child or young person. The LAYS instructions should emphasise the importance of safeguarding the welfare of children and young people, should make the YCW aware of Working Together guidance and should assist the YCW in balancing the desire to maintain confidentiality between the young person and the YCW and the duty to safeguard and promote the welfare of the young person and others. Volunteers within the youth service are subject to the same requirement.

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Services provided under s114 of the Learning and Skills Act 2000 - (The Connexions Service)

In April 2008 local authorities were given responsibility for Connexions and the ability to decide how best information, advice and guidance services should be delivered. Connexions has a substantial workforce working directly with young people including professionally qualified personal advisers and other delivery staff working under their supervision. Connexions is centred on young people and, as such, safeguarding and promoting the welfare of young people is a primary concern. Connexions staff should take account of and respond to behaviour that is likely to damage the overall wellbeing of young people and should address their welfare and safety needs in a holistic manner:

  • identifies, keeps in touch with and provides the necessary support to young people in their geographical area. The needs of young people from vulnerable groups such as teenage mothers, care leavers, young people supervised by Youth Offending Services (YOS), young people in custody and young people with learning difficulties and/ or disabilities are a particular priority as is ensuring support and planning for young people in custody and their resettlement back into the community;
  • identifies young people who may be being abused or neglected and, in these cases, alerts the appropriate authority. Staff should be aware of the agencies and contacts to use to refer young people whom they suspect are suffering harm, and should be aware of the way in which these concerns will be followed up;
  • minimises risk to the safety of young people on premises for which they are responsible and maintains the necessary capacity to carry out relevant risk assessments;
  • minimises the risk that organisations to which they signpost young people, such as those providing employment and training opportunities, pose a threat to the moral development and physical and psychological wellbeing of young people;
  • complies with current vetting regulations in the recruitment of all staff (including volunteers); and
  • makes staff aware of risks to the welfare of young people so that they can exercise their legal, ethical, operational and professional obligations to safeguard them from these risks.

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Health services - General principles for all health services

The safety and the health of a child are intertwined aspects of their wellbeing. Many ‘health’ interventions also equip a child to ‘stay safe’.

2.5.7.1 All organisations commissioning or providing healthcare, whether in the NHS or third sector, independent healthcare sector or social enterprises, should ensure there is board level focus on the needs of children and that safeguarding children is an integral part of their governance systems.

2.5.7.2 All healthcare staff involved in working with children should attend training in safeguarding and promoting the welfare of children, and have regular updates as part of continuing professional development.

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Strategic Health Authorities (SHA)

SHAs are the regional headquarters of the NHS. Each SHA is responsible for ensuring that patients have access to high-quality services in its area. SHAs oversee the performance of PCTs and NHS trusts and hold PCTs to account, including for safeguarding and promoting the welfare of children. SHAs are themselves directly accountable to the Department of Health and safeguarding is considered by the Department of Health as part of their SHA assurance process. SHAs should consider individual organisations’ arrangements for, and contribution to, safeguarding children as an integral part of their governance system. Their performance and management of the healthcare system should be informed by information such as existing national data collections, LSCB audit, progress against action plans and/or child death and Serious Case Review recommendations and regulatory/inspection findings where appropriate. Bespoke local surveys and data gathering should be avoided unless there is a clear business need in order to minimise duplication and burden of reporting.

2.5.8.1 SHAs membership of LSCBs will enable them to oversee the health contribution to safeguarding children at local level. Further advice on how SHAs should engage with LSCBs is set out in Annex D of the Local Safeguarding Children Boards: A Review of Progress report.

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Primary Care Trust (PCT) Commissioners

PCTs are responsible for improving the health and wellbeing of their local population, including children and young people. To achieve this, they are under a legal duty to work with the local authority to assess what kind of health services people need.

2.5.9.1 PCTs can commission services from a range of different organisations and generally hold the providers of these services to account via contracts. PCTs can ask the regulators to step in if the providers are not meeting the expected standards. PCTs should have a collaborative, multi-agency approach to commissioning and should work with local authorities to commission and provide co-ordinated and, wherever possible, integrated services, in particular through Children’s Trust co-operation arrangements.

2.5.9.2 PCTs should identify a senior lead for children and young people to ensure that their needs are at the forefront of local planning and service delivery. PCTs should also identify a board executive lead for safeguarding children who takes responsibility for governance, systems and organisational focus on safeguarding children. This might be the same person.

2.5.9.3 There should be a named public health professional who addresses issues related to children in need as well as children in need of protection. The Joint Strategic Needs Assessment should include these needs which in turn should inform the Children and Young People’s Plan and the LSCB business plan. When considering commissioning services for the health and wellbeing of children in need in their area, PCTs should ensure this includes those who are temporarily resident in the area, such as children held in secure settings.

2.5.9.4 PCT Chief Executives have responsibility for ensuring that the health contribution to safeguarding and promoting the welfare of children is discharged effectively across the whole local health economy through the PCTs’ commissioning arrangements. PCTs should ensure that all their staff are alert to the need to safeguard and promote the welfare of children. Each PCT is responsible for identifying a senior paediatrician and senior nurse to undertake the role of designated professionals for safeguarding children in commissioning services across the health economy.

2.5.9.5 PCTs should ensure that all providers from whom they commission services - including organisations in the public sector, independent sector, third sector and social enterprises - have comprehensive and effective single and multi-agency policies and procedures to safeguard and promote the welfare of children. These should be in line with, and informed by, LSCB procedures, and easily accessible for staff at all levels within each organisation.

2.5.9.6 PCTs are expected to ensure that safeguarding and promoting the welfare of children are integral to clinical governance and audit arrangements. Service specifications drawn up by PCT commissioners should include clear service standards for safeguarding and promoting the welfare of children, consistent with LSCB procedures. Section 4A and schedule 11 part 5 of the national contracts provide the means to prescribe the requirements for safeguarding children. By monitoring the service standards of all providers, PCTs will assure themselves that the required safeguarding standards are being met. Where practice-based commissioners undertake commissioning of services, this should be done in partnership with PCTs, who need to ensure their safeguarding duties are fulfilled.

2.5.9.7 PCTs should ensure GP practices and staff have robust systems and practices in place to ensure they can fulfil their role in safeguarding and promoting the welfare of children. PCTs will wish to consider how they support GP practices, for instance by assistance with protected time for, and access to, training in child protection.

2.5.9.8 PCTs must co-operate with the local authority in the establishment and operation of the LSCB and, as partners, must share responsibility for the effective discharge of its functions in safeguarding and promoting the welfare of children. Representation on the Board should be at an appropriate level of seniority. PCTs are also responsible for providing and/or ensuring the availability of appropriate expertise and advice and support to the LSCB, in respect of a range of specialist health functions - for example, primary care, mental health (adult, adolescent and child) and sexual health - and for co-ordinating the health component of Serious Case Reviews (see Chapter 8). They should notify the SHA and the CQC of all Serious Case Reviews. The PCT must also ensure that all health organisations, including those in the third sector, independent healthcare sector and social enterprises with whom they have commissioning arrangements, have links with a specific LSCB and are aware of LSCB policies and procedures. This is particularly important where providers’ boundaries / catchment areas (including Ambulance Trusts and NHS Direct services) are different from those of LSCBs. The PCT should also ensure that health agencies work in partnership in accordance with their agreed LSCB plan, including in secure settings such as Young Offenders Institutions, Secure Children’s Homes/Training Centres (where relevant) and Youth Offending Teams in the community.

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NHS trusts, NHS foundation trusts and PCT provider services

NHS trusts, NHS foundation trusts and PCT provider services are responsible for providing health services in hospital and community settings. They must co-operate with the local authority in the establishment and operation of the LSCB and, as statutory partners, share responsibility for the effective discharge of its functions in safeguarding and promoting the welfare of children. They should have a board executive lead for safeguarding children who takes responsibility for governance, systems and organisational focus on safeguarding children and works closely with the named health professionals.

2.5.10.1 Representation on the LSCB should be at an appropriate level of seniority. A wide range of their staff will come into contact with children and parents in the course of their normal duties. All these staff should be trained in how to safeguard and promote the welfare of children, be alert to potential indicators of abuse or neglect in children, and know how to act on their concerns in line with LSCB procedures.

2.5.10.2 All NHS trusts, NHS foundation trusts and PCT provider services should identify a named doctor and a named nurse - and a named midwife where they provide maternity services - for child protection. Staff working in urgent care settings should be able to recognise abuse or neglect and have a thorough knowledge of local procedures for making enquiries to find out whether a child is the subject of a child protection plan. Staff in urgent care settings should also be alert to the need to safeguard the welfare of children when treating parents or carers of children, and be alert to parents and carers who seek medical care from a number of sources in order to conceal the repeated nature of a child’s injuries. Specialist paediatric advice should be available at all times to A&E departments and all units where children receive care. If a child - or children from the same household - presents repeatedly, even with slight injuries, in a way that doctors, nurses or other staff find worrying, they should act upon their concerns in accordance with Chapter 5 of this guidance (the key processes are summarised in What To Do If You’re Worried A Child Is Being Abused). Children and families should be actively and appropriately involved in these processes, unless this could result in an increased risk of harm to the child.

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Ambulance trusts and NHS Direct Sites

The staff working in these health services will have access (by phone or in person) to family homes and be involved with individuals in a time of crisis. They may therefore be in a position to identify initial concerns regarding a child’s welfare and be able to alert children’s social care, the GP or other appropriate health professional in line with locally agreed procedures. Ambulance trusts and NHS Direct sites should have a named professional for safeguarding children. All staff should be aware of local procedures in line with LSCB policies and be appropriately trained.

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GP practices

The family doctor or general practitioner (GP) is the first point of contact with the health service for most people. Most people are registered with a GP practice and have an ongoing relationship with that practice. In addition to maintaining their own professional skills in safeguarding and promoting the welfare of children, GPs have an important role to play as employers in ensuring staff whom they employ are trained in safeguarding and promoting the welfare of children.

2.5.12.1 GPs and other community health practitioners, such as health visitors and school nurses, have key roles in appropriate information sharing with children’s social care when enquiries are being made about a child. They will also contribute to assessments and be involved in a child protection plan, as appropriate. GPs, community health practitioners, other primary care professionals and practice staff should make available to child protection conferences relevant information about a child and family, whether or not they are able to attend.

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Child and Adolescent Mental Health Services (CAMHS)

Standard 9 of the NSF is devoted to the ‘Mental Health and Psychological Wellbeing of Children and Young People'. The importance of effective partnership working is emphasised, and this is especially applicable to children and young people who have mental health problems as a result of abuse and/or neglect. Some forms of emotional distress may, however, fall short of being an identifiable mental health issue. It is also important that the more general need to promote emotional wellbeing among children and young people is not neglected as an essential component of safeguarding.

2.5.13.1 In the course of their work, child and adolescent mental health professionals will therefore want to identify as part of assessment and care planning whether child abuse or neglect, or domestic violence, are factors in a child’s mental health problems, and ensure that this is addressed appropriately in their treatment and care. If they think a child is currently affected, they should follow local child protection procedures. Consultation, supervision and training resources should be available and accessible in each service.

2.5.13.2 Child and adolescent mental health professionals have a role in the initial assessment process in circumstances where their specific skills and knowledge are helpful. In addition, assessment and treatment services may need to be provided to young people with mental health problems or with other emotional difficulties who offend. The assessment of children with significant learning difficulties, a disability or sensory and communication difficulties may require the expertise of a specialist learning disability service or CAMHS.

2.5.13.3 CAMHS also have a role in the provision of a range of psychiatric and psychological assessment and treatment services for children and families. Services that may be provided, in liaison with local authority children’s social care services, include the provision of reports for court, and direct work with children, parents and families. Services may be provided either within general or specialist multi-disciplinary teams, depending on the severity and complexity of the problem. In addition, consultation and training may be offered to services in the community - including, for example, social care schools, primary healthcare professionals and nurseries.

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Adult Mental Health Services

Adult mental health services - including those providing general adult and community, forensic, psychotherapy, alcohol and substance misuse and learning disability services - have a responsibility in safeguarding children when they become aware of, or identify, a child suffering or likely to suffer significant harm. This may be as a result of a service’s direct work with those who may be mentally ill, a parent, a parent-to-be, or a non-related abuser, or in response to a request for the assessment of an adult perceived to represent a potential or actual risk to a child or young person. Adult mental health staff need to be especially aware of the risk of neglect, emotional abuse and domestic abuse to children. Staff should be able to consider the needs of any child in the family of their patient or client and to refer to other services or support for the family as necessary and appropriate, in line with local child protection procedures. Consultation, supervision and training resources should be available and accessible in each service.

2.5.14.1 In order to safeguard children of patients, mental health practitioners should routinely record details of patients’ responsibilities in relation to children, and consider the support needs of patients who are parents and of their children, in all aspects of their work, using the Care Programme Approach. Mental health practitioners should refer to Royal College of Psychiatrists policy documents, including Patients as Parents and Child Abuse and Neglect: the Role of Mental Health Services and SCIE Guide 30.

2.5.14.2 Close collaboration and liaison between adult mental health services and children’s social care services are essential in the interests of children. It is similarly important that adult mental health liaise with other health providers, such as health visitors and general practitioners. This may require sharing information to safeguard and promote the welfare of children or to protect a child from significant harm. The expertise of substance misuse services and learning disability services may also be required. The assessment of parents with significant learning difficulties, a disability, or sensory and communication difficulties, may require the expertise of a specialist psychiatrist or clinical psychologist from a learning disability service or adult mental health service.

2.5.15.3 From April 2010, under section 131A of the Mental Health Act 1983, there is a duty on hospital managers to ensure that if a child or young person under the age of 18 is admitted to hospital for mental health treatment, the environment in the hospital is suitable having regard to their age. Managers of adult services must consult with a person who can provide appropriate advice on CAMHS who would need to be involved in decisions about accommodation, care and facilities for education in hospital.

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Alcohol and drug services

A range of services are provided, in particular by health and voluntary organisations, to respond to the needs of adults (who may have parental or caring responsibilities) and children who misuse drugs and alcohol. These services are linked to the relevant agencies at local level through Drug Action Teams, which comprise, as a minimum, health, social care, education and police representatives. It is important that arrangements are in place to enable children’s social care services and substance misuse (including alcohol) services referrals to be made in relevant cases. Where children may be suffering significant harm because of their own substance misuse, or where parental substance misuse may be causing such harm, referrals need to be made by Drug Action Teams or alcohol services, in accordance with LSCB procedures. Where children are not suffering significant harm, referral arrangements also need to be in place to enable children’s broader needs to be assessed and responded to. Further information can be found in the DCSF/DH Joint Guidance on Development of Local Protocols between Drug and Alcohol Treatment Services and Local Safeguarding and Family Services.

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Health professionals - Designated and named professionals

The terms ‘designated professionals’ and ‘named professionals’ denote professionals with specific roles and responsibilities for safeguarding children. As commissioners, all PCTs should have a designated doctor and nurse to take a strategic, professional lead on all aspects of the health service contribution to safeguarding children across the PCT area, which includes all providers. PCTs should ensure establishment levels of designated and named professionals are proportionate to the local resident populations and to the complexity of provider arrangements. For large PCTs, NHS trusts and foundation trusts which may have a number of sites, a team approach can enhance the ability to provide 24-hour advice and provide mutual support for those carrying out the designated and named professional role. If this approach is taken, it is important to ensure that the leadership and accountability arrangements are clear.

2.5.17.1 Designated and named professional roles should always be explicitly defined in job descriptions, and sufficient time, funding, supervision and support should be allowed to fulfil their child safeguarding responsibilities effectively. Further information can be found in the intercollegiate document Safeguarding Children and Young People: Roles and Competencies for Health Care Staff.

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Criminal justice organisations - The Police

The main roles of the police are to uphold the law, prevent crime and disorder and protect citizens. Children, like all citizens, have the right to the full protection offered by the criminal law. Under section 11 of the Children Act 2004, the police authority and chief officer of police for a police area in England must ensure that their functions are discharged having regard to the need to safeguard and promote the welfare of children. Offences committed against children can be particularly sensitive, and often require the police to work with other organisations, such as children’s social care, in the conduct of any investigation.

2.5.18.1 The police recognise the fundamental importance of inter-agency working in combating child abuse, as illustrated by well-established arrangements for joint training involving police and social care colleagues. The police also have specialist training in investigating child abuse cases. The second edition of Investigating Child Abuse and Safeguarding Children was published by ACPO and the National Police Improvement Agency in 2009. This sets out the investigative doctrine, training courses and terms of reference for police forces’ child abuse investigation units (CAIUs).

2.5.18.2 All police forces have CAIUs and, despite variations in their structures and staffing levels, they normally take primary responsibility for investigating child abuse cases. All CAIUs have access to the national IMPACT Nominal Index (INI) which enables them to quickly check which forces hold information on a particular individual. The INI capability draws on a number of police databases, including child protection, domestic violence, crime, custody and intelligence. Police forces are in the process of migrating to the Police National Database (PND) which will continue to provide and enhance this facility.

2.5.18.3 Safeguarding children is not solely the role of CAIU officers - it is a fundamental part of the duties of all police officers. Patrol officers attending domestic violence incidents, for example, should be aware of the effect of such violence on any children normally resident within the household. The police also maintain relevant UK-wide databases such as VISOR - a database for the management of individuals who pose a serious risk of harm to the public. Through the Safeguarding Vulnerable Groups Act 2006, the Government has established a new integrated Vetting and Barring Scheme, regulating all those who work with children (and vulnerable adults), which relies on regularly updated police information. Separate guidance is available to help the police carry out this responsibility, and officers engaged in, for example, crime and disorder reduction partnerships, Drug Action Teams, Multi Agency Risk Assessment Conference (MARAC) and Multi Agency Public Protection Arrangements (MAPPA) must keep in mind the needs of children in their area.

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Criminal justice organisations - Probation

The Probation Service supervises offenders with the aim of reducing re-offending and protecting the public. As part of their main responsibility to supervise offenders in the community, offender managers are in contact with, or supervising, a number of offenders who have been identified as presenting a risk, or potential risk, of harm to children. They also supervise offenders who are parents or carers of children and these children may be at heightened risk of involvement in (or exposure to) criminal or anti-social behaviour and of other poor outcomes. By working with these offenders to change their lifestyles and to enable them to change their behaviour, offender managers safeguard and promote the welfare of offenders’ children. In addition, Probation Areas/Trusts provide a direct service to children by:

  • providing a statutory victim contact scheme to the victims of violent and sexual offences, including children and young people (where the victim is aged under 17, their parent or guardian is also entitled to services);
  • delivering unpaid work requirements to 16- and 17-year-olds;
  • fulfilling their role as statutory partner of YOSs; and
  • ensuring support for victims, and indirectly children in the family, of convicted perpetrators of domestic abuse participating in accredited domestic abuse programmes.

2.5.19.1 Offender managers should also ensure that there is clarity and communication between MAPPA and other risk management processes - for example, in the case of safeguarding children, procedures covering registered sex offenders, domestic abuse management meetings, child protection procedures and procedures for the assessment of people identified as presenting a risk or potential risk of harm to children.

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Youth Offending Service (YOS)

The principal aim of the youth justice system is to prevent offending by children and young people. YOS have a key role. YOS are multi-agency teams that must include a probation officer, a police officer, a representative of the PCT, someone with experience in education, and someone with experience of social work relating to children. YOS are responsible for the supervision of children and young people subject to pre-court interventions and statutory court disposals.

2.5.20.1 YOS are well placed to identify those children and young people known to relevant organisations as being most at risk of offending, and to undertake work to prevent them offending. A significant number of the children who are supervised by the YOS will also be children in need, and some of their needs will require safeguarding. It is necessary, therefore, for there to be clear links between youth justice and local authority children’s social care, both at a strategic level and at an operational level for individual children and young people. YOS Management Boards are made up of statutory and other YOS partners at a senior level and provide strategic direction and oversight to YOS at a local level.

2.5.20.1 YOS, in partnership with these wider statutory partners, have a mutual duty to make effective local arrangements to ensure that their functions are discharged with regard to the need to safeguard and promote the welfare of children known to the youth justice system.

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The UK Border Agency

The primary duties of the UKBA are to maintain a secure border, to detect and prevent border tax fraud, smuggling and immigration crime, and to ensure controlled, fair migration that protects the public and that contributes to economic growth and benefits the country. The UKBA also has a role in granting protection to those who need it according to international conventions and the laws of the UK. It is also required to enforce immigration legislation and this will at times mean removing from the UK persons who have no legal entitlement to remain in the UK, which may include the short-term detention of individuals and families in Immigration Removal Centres.

2.5.21.1 The UKBA does not directly provide services to children and young people but it does play a part in identifying and acting upon concerns about the welfare of children with whom it comes into contact. Under section 55 of the Borders, Citizenship and Immigration Act 2009 the UKBA has a duty to ensure that its functions are discharged with regard to the need to safeguard and promote the welfare of children. Its main contributions to safeguarding and promoting the welfare of children include:

  • ensuring good treatment and good interactions with children throughout the immigration, detention (where appropriate) and customs process;
  • applying laws and policies that prevent the exploitation of children throughout and following facilitated illegal entry and trafficking; and
  • detecting at the border any material linked to child exploitation through pornography.

2.5.21.2 Other elements of the UKBA’s contribution include:

  • exercising vigilance when dealing with children with whom staff come into contact and identifying children who may be likely to suffer harm; and
  • making timely and appropriate referrals to agencies that provide ongoing care and support to children.

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Schools and further education institutions

Schools (including independent schools and non-maintained special schools) and
FE institutions should give effect to their duty to safeguard and promote the welfare of their pupils (students under 18 years of age in the case of FE institutions) under the Education Act 2002 and, where appropriate, under the Children Act 1989 by:

  • creating and maintaining a safe learning environment for children and young people; and
  • identifying where there are child welfare concerns and taking action to address them, in partnership with other organisations where appropriate.

2.5.22.1 Schools also contribute through the curriculum by developing children’s understanding, awareness and resilience. Ofsted inspect against the extent to which schools and colleges fulfil their safeguarding responsibilities. In Schools and FE colleges, how effectively the safeguarding of learners is promoted, is a limiting grade on overall effectiveness.

2.5.22.2 Creating a safe learning environment means having effective arrangements in place to address a range of issues. These include child protection arrangements, pupil health and safety, and bullying (including cyberbullying). Others include arrangements for meeting the health needs of children with medical conditions, providing first aid, school security, tackling drugs and substance misuse, having arrangements in place to safeguard and promote the welfare of children on extended vocational placements and ensuring support and planning for young people in custody and their resettlement back into the community.

2.5.22.3 Schools and FE institutions should have a senior member of staff who is designated to take lead responsibility for dealing with child protection issues, providing advice and support to other staff, liaising with the authority, and working with other organisations as necessary. A school or FE institution should remedy without delay any deficiencies or weaknesses in its arrangements for safeguarding and promoting welfare that are brought to its attention.

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Early Years Services

Early Years services - children’s centres, nurseries, childminders, preschools, playgroups, and holiday and out-of-school schemes all play an important part in the lives of large numbers of children. Many childcare providers have considerable experience of working with families where a child needs to be safeguarded from harm, and many local authorities provide, commission or sponsor specific services, including childminders to work with children in need and their families.

2.5.23.1 All early years providers, regardless of type, size or funding of the setting, must:

  • take necessary steps to safeguard and promote the welfare of children;
  • promote the good health of children, take necessary steps to prevent the spread of infection, and take appropriate action when they are ill;
  • manage children’s behaviour effectively and in a manner appropriately for their stage of development and particular individual needs; and
  • ensure that adults looking after children, or having unsupervised access to them, are suitable to do so.

2.5.23.2 These general welfare requirements are set out in detail in the Statutory Framework for the Early Years Foundation Stage (EYFS).

2.5.23.3 Millions of families use early year’s services on an annual basis, meaning that early year’s services are a key route through which welfare concerns can be identified early in a child’s life. The EYFS makes clear that all registered providers, excepting childminders, must 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 must also attend a child protection course. In addition, all early years settings must implement an effective safeguarding children policy and procedure.

2.5.23.4 It is expected that every person working in the early years sector should have an up-to-date knowledge of safeguarding children issues and be able to implement their setting’s safeguarding children policy and procedures appropriately. These policies should be in line with LSCB guidance and procedures.

2.5.23.5 The EYFS also makes clear that registered early years providers should follow the guidance What to do if you are worried a child is being abused. Such providers must notify local child protection agencies of any suspected child abuse or neglect in line with LSCB local guidance and procedures.

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Children and Family Court Advisory and Support Service (Cafcass)

Cafcass’s functions are to:

  • safeguard and promote the welfare of children who are the subject of family proceedings;
  • give advice to any court about any application made to it in such proceedings;
  • make provision for children to be represented in such proceedings;
  • provide information, advice and other support for children and their families; and
  • assess risk.

2.5.24.1 Cafcass Officers have different roles in private and public law proceedings. These roles are denoted by different titles:

  • Children’s Guardians, who are appointed to safeguard the interests of a child who is the subject of specified proceedings under the Children Act 1989, or who is the subject of adoption proceedings;
  • Parental Order Reporters, who are appointed to investigate and report to the court on circumstances relevant under the Human Fertilisation and Embryology Act 1990; and
  • Children and Family Reporters, who prepare welfare reports for the court in relation to applications under section 8 of the Children Act 1989 (private law proceedings, including applications for residence and contact). Increasingly they also work with families at the stage of their initial application to the court.

2.5.24.2 Cafcass Officers can also be appointed to provide support under a Family Assistance Order under the Children Act 1989 (local authority officers can also be appointed for this purpose).

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The voluntary and private sectors

Voluntary organisations, both local and national, and private sector providers play an important role in delivering services for children and young people, including in early years provision, family support services, youth work and children’s social care and healthcare. Many voluntary organisations are skilled in preventative work and may be well placed to reach the most vulnerable children, young people and families. The vast majority work in partnership and will play an important part in protecting and supporting a child and their family.

2.5.25.1 Voluntary organisations offer, for example:

  • therapeutic work with children, young people and families, particularly in relation to child sexual abuse;
  • specialist support and services for children and young people with disabilities or health problems;
  • services for children and young people who are being sexually exploited and for children who abuse other children; and
  • advocacy for looked after children and young people, and for parents and children who are the subject of section 47 enquiries and child protection conferences.

2.5.25.2 Voluntary organisations play a key role in providing information and resources to the wider public about the needs of children and young people, and resources to help families. Many campaign on specific issues on behalf of groups.

2.5.25.3 Organisations in the voluntary and private sectors that work with children need to have the arrangements in place in the same way as organisations in the public sector, and need to work effectively with LSCBs.

2.5.25.4 Paid and volunteer staff need to be aware of their responsibilities for safeguarding and promoting the welfare of children, and of how they should respond to child protection concerns in line with this guidance (see What To Do If You’re Worried A Child Is Being Abused). There should be clear and published local guidance for the voluntary sector on access pathways to services and how thresholds are applied when making a referral to social care.

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Faith communities

Churches, other places of worship and faith-based organisations provide a wide range of activities for children and young people. They are some of the largest providers of children and youth work, and have an important role in safeguarding children and supporting families. Religious leaders, staff and volunteers who provide services in places of worship and in faith-based organisations will have various degrees of contact with children.

2.5.26.1 Like other organisations that work with children, churches, other places of worship and faith-based organisations need to have appropriate arrangements in place for safeguarding and promoting the welfare of children. In particular, these arrangements should include:

  • procedures for staff and others to report concerns that they may have about the children they meet that are in line with What To Do If You’re Worried A Child Is Being Abused and LSCB procedures, as well as arrangements such as those described above;
  • appropriate codes of practice for staff, particularly those working directly with children, such as those issued by the Churches’ Child Protection Advisory Service (CCPAS), the Catholic Safeguarding Advisory Service (CSAS) or other denomination or faith groups; and
  • recruitment procedures in accordance with safer recruitment guidance and LSCB procedures, alongside training and supervision of staff (paid or voluntary).

2.5.26.2 Where the police or local authority children’s social care services wish to contact specific faith communities they should make contact with the relevant organisation who will assist in speaking to the appropriate person.

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Part 3 - Local Safeguarding Children Board (LSCB) Role

The LSCBs responsibilities are complimentary to those of the Children’s Trust to promote co-operation to improve the well-being of children in the local area across all five Every Child Matters Outcomes. The relationship with wider arrangements is to improve outcomes for children and young people. The LSCB role is to ensure the effectiveness of the arrangements made by wider partnership and individual agencies to safeguard and promote the welfare of children. Whilst the work of LSCBs contributes to the wider goals of improving the wellbeing of all children and young people, it has a particular focus on aspects of the ‘staying safe’ outcome.

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Objectives

3.1.1 The core objectives of the LSCB as set out in Section 14(1) of the Children Act 2004 are to:

  • co-ordinate what is done by each person or body represented on the Board for the purposes of safeguarding and promoting the welfare of children and young people in the area of the Authority; and,
  • ensure the effectiveness of what is done by each such person or body for that purpose.

3.1.2 Safeguarding and promoting the welfare of children and young people is defined as:

  • protecting children and young people from maltreatment;
  • preventing impairment of children and young people’s health or development;
  • ensuring that children are growing up in circumstances consistent with the provision of safe and effective care; and
  • undertaking that role so as to enable those children and young people to have optimum life chances and enter adulthood successfully.

3.1.3 The LSCB will therefore ensure that the duty to safeguard and promote the welfare of children is carried out in such a way as to improve all five Every Child Matters outcomes which are of importance to children and young people.

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Local Arrangements

3.2.1 The North East Lincolnshire Area Child Protection Committee transformed from an Area Child Protection Committee to a Local Safeguarding Children Board on the 3rd of February 2006.

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The Chair

3.3.1 The Chair has a crucial role in making certain that the Board operates effectively and secures an independent voice for the LSCB. The chair must be of sufficient stature and authority. There is a presumption that the chair will be independent of the local agencies so that the LSCB can exercise its local challenge function appropriately. The chair should act objectively and distinguish their role as LSCB Chair from any day to day role, for example, as an employee of the Local Authority.

3.3.2 North East Lincolnshire LSCB is chaired by an independent chair.

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Statutory Members

3.4.1 The LSCB includes representatives of the Local Authority and its Board partners, the statutory organisations which are required to co-operate with the Local Authority in the establishment and operation of the Board and have shared responsibility for the effective discharge of its functions. These are the Board partners set out in section 13(3) of the Children Act (2004):

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Role of Members

3.5.1 The individual members of LSCBs have a duty as members to contribute to the effective work of the LSCB. For example, in making the LSCB’s assessment of performance as objective as possible and in recommending or deciding upon the necessary steps to put right any problems. This should take precedence, if necessary, over their role as a representative of their organisation. Members of each LSCB should have a clear written statement of their roles and responsibilities.

3.5.2 There is appropriate senior statutory representation locally from:

  • Children’s Services
  • Police
  • National Probation Service - Humberside
  • North East Lincolnshire Care Trust Plus
  • Northern Lincolnshire & Goole Hospitals NHS Trust
  • Youth offending team
  • Elected member (portfolio holder for children’s services)
  • Children and Family Courts Advisory and Support Service (CAFCASS)
  • Primary, secondary and further education establishments

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Effective Links with Other Relevant Organisations

The LSCB should make appropriate arrangements at a strategic management level to involve others in its work as needed. For example, there may be some organisations or individuals which are, in theory, represented by the Statutory Board partners but which need to be engaged because of their particular role in service provision to children and families or role in public protection. There will be other organisations which the LSCB needs to link to, either through inviting them to join the LSCB, or through some other mechanism.

3.6.1 Directors of Children’s Services and Lead Members for Children’s Services have central and complementary roles. Directors of Children’s Services have responsibility for improving outcomes for all children and young people in their area. Lead Members for Children’s Services have delegated responsibility from the Council for children, local young people and families and are politically accountable for ensuring that the local authority fulfils its legal responsibilities for safeguarding and promoting the welfare of children and young people. The Lead Member should provide the political leadership needed for the effective co-ordination of work with other relevant agencies with safeguarding responsibilities (such as the police and the health service). Lead Members should also take steps to assure themselves that effective quality assurance systems for safeguarding are in place and functioning effectively.

3.6.2 The Lead Member should be a ‘participating observer’ of the LSCB. In practice this means routinely attending meetings as an observer and receiving all its written reports. Lead Members should engage in discussions, ask questions and seek clarity, but not be part of the decision making process. This will enable the Lead Member to challenge, when necessary, from a well informed position.

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Lay members

3.7.1 The Apprenticeships, Skills, Children and Learning Act 2009 amends sections 13 and 14 of the Children Act 2004 (c.31) and provides for the appointment of two representatives of the local community to each LSCB in England. The local authority must take reasonable steps to ensure that the LSCB includes two lay members from the local community. The role for lay members should in particular relate to:

  • supporting stronger public engagement in local child safety issues and contributing to an improved understanding of the LSCB’s child protection work in the wider community;
  • challenging the LSCB on the accessibility by the public and children and young people of its plans and procedures; and
  • helping to make links between the LSCB and community groups.

The LSCB has access to appropriate expertise and advice from all relevant sectors.

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Representation from schools

3.8.1 From 1 April 2010 local authorities must take all reasonable steps to ensure schools are represented on the LSCB. This means taking steps to ensure that the following are represented:

  • the governing body of a maintained school;
  • the proprietor of a non-maintained special school;
  • the proprietor of a city technology college, a city college for the technology of the arts or an Academy; and
  • the governing body of a further education institution the main site of which is situated in the authority’s area.

The local authority should also include independent schools as appropriate.

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Other Members

3.9.1 The Local Authority should also secure the involvement of other relevant local organisations and the NSPCC where a representative is made available. At a minimum, local organisations should include faith groups, state and independent schools, Further Education Colleges including 6th Form Colleges, children’s centres, GPs, adult services, independent healthcare organisations and voluntary and community sector organisations including bodies providing specialist care to children and young people with severe disabilities and complex health needs. All key organisations are represented on the NEL LSCB including the Designated Nurse, Designated Doctor, Named GP, adult mental health services, safer communities, drug and alcohol services, the third sector, fire and rescue service and adult safeguarding. All other key organisations are represented on the function subgroups of the LSCB.

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Financing and staffing

3.10.1 To function effectively LSCBs have to be supported by their member organisations with adequate and reliable resources. Section 15 of the Children Act 2004 sets out that statutory board partners should make payments towards expenditure incurred by, or for purposes connected with, an LSCB. The budget for the LSCB and contribution made by each member organisation is agreed locally.

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Scope of the LSCB Role

3.11.1 The scope of LSCB’s role includes safeguarding and promoting the welfare of children in three broad areas of activity.

3.11.2 First, activity that affects all children and aims to identify and prevent maltreatment, or impairment of health or development and ensure children are growing up in circumstances consistent with safe and effective care. For example:

  • mechanisms to identify abuse and neglect wherever they may occur;
  • work to increase understanding of safeguarding children issues in the professional and wider community, promoting the message that safeguarding is everybody’s responsibility;
  • work to ensure that organisations working or in contact with children, operate recruitment and human resources practices that take account of the need to safeguard and promote the welfare of children;
  • monitoring the effectiveness of organisations’ implementation of their duties under Section 11 of the Children Act 2004;
  • ensuring children know who they can contact when they have concerns about their own or others safety and welfare;
  • Ensuring that adults (including those who are harming children) know who they can contact if they have a concern about a child or young person.
  • Work to prevent accidents and other injuries, and where possible deaths and
  • Work to prevent and response effectively to bullying

3.11.3 Second, proactive work that aims to target particular groups. For example:

  • developing / evaluating thresholds and procedures for work with children and families where a child has been identified as ‘in need’ under the Children Act 1989, but where the child is not suffering or at risk of suffering significant harm;
  • work to safeguard and promote the welfare of groups of children who are potentially more vulnerable than the general population, for example children living away from home, children who have run away from home, children in the youth justice system, including custody, disabled children, and children and young people affected by gangs.

3.11.4 Thirdly, responsive work to protect children who are suffering, or at risk of suffering harm, including:

  • children abused and neglected within families, including those harmed:
    • in the context of domestic violence
    • as a consequence of the impact of substance misuse; or of parental mental ill health
  • children abused outside families by adults known to them;
  • children abused and neglected by professional carers, within institutional settings, or anywhere else where children are cared for away from home;
  • children abused by strangers;
  • children abused by other young people;
  • young perpetrators of abuse;
  • children abused through Sexual exploitation and
  • young victims of crime

3.11.5 Where particular children are the subject of interventions then that safeguarding work should aim to help them to achieve the planned development and to have optimum life chances. It is within the remit of LSCBs to check the extent to which this has been achieved as part of their monitoring and evaluation work.

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Accountability for Operational Work

3.12.1 Whilst the LSCB has a role in co-ordinating and ensuring the effectiveness of local individuals and organisations work to safeguard and promote the welfare of children, it is not accountable for their operational work. Each Board partner retains their own existing lines of accountability for safeguarding and promoting the welfare of children by their services. The LSCB does not have a power to direct other organisations. The LSCB does not have a power to direct other organisations.

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LSCB Functions

In all their activities, LSCBs should take account of the need to promote equality of opportunity and to meet the diverse needs of children. The functions are as follows:

Policies and Procedures Function

To develop policies and procedures for safeguarding and promoting the welfare of children in the area of the Authority, including policies and procedures in relation to:

  • The action to be taken where there are concerns about a child’s safety or welfare, including thresholds for intervention
  • This includes concerns under both Section 17 and Section 47 of the Children Act 1989. It may mean for example:
    • Setting out thresholds for referrals to Children’s Services of children who may be in need and processes for robust multi-agency assessment of children in need.
    • Agreeing inter-agency procedures for Section 47 enquiries and developing local protocols on key issues of concern such as
      • children abused through sexual exploitation;
      • children living with domestic violence, substance abuse, or parental mental ill health;
      • female genital mutilation;
      • forced marriage;
      • children missing from school;
      • children who may have been trafficked and
      • safeguarding looked after children who are away from home.
  • Setting out how Section 47 enquiries and associated Police investigations should be conducted and in particular, in what circumstances joint enquiries are necessary and/or appropriate.

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Training of Persons who Work with Children or in Services Affecting the Safety and Welfare of Children

It is the responsibility of the LSCB to ensure that single agency and interagency training on safeguarding and promoting welfare is provided in order to meet local needs. This covers both the training provided by single agencies to their own staff and multi-agency training where staff from more than one agency train together.

LSCBs may wish to carry out their function by taking a view as to the priorities for inter-agency and single-agency child protection training in the local area and feeding those priorities into the local Workforce Strategy. LSCBs will also wish to evaluate the quality of this training, ensuring that relevant training is provided by individual organisations and checking that the training is reaching the relevant staff within organisations.

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Recruitment and Supervision of Persons that Work with Children

For example through establishing effective policies and procedures, based on national guidance, for checking the suitability of people applying for work with children and ensuring that the children’s workforce is properly supervised, with any concerns acted on appropriately. LSCBs should ensure that robust quality assurance processes are in place to monitor compliance by relevant agencies within their area with requirements to support safe practices. These processes should include audits of vetting practice and compliance with checks with criminal records bureau. (See Section 9 - Safer Recruitment).

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Investigation of allegations concerning persons working with children

For example policies and procedures, based on national guidance (see Section 5 Managing Allegations against people who work with children) to ensure that allegations are dealt with properly and quickly.

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Safety and Welfare of Children who are Privately Fostered

For example, by ensuring the co-ordination and effective implementation of measures designed to strengthen private fostering notification arrangements including:

  • raising awareness of private fostering across partner agencies, third sector organisations and commissioned services;
  • ensuring that relevant training practices are developed and followed up at multi-agency level; reviewing and responding to the findings of the annual private fostering report submitted by the local authority to the Chair of the LSCB;
  • acting upon the findings of Ofsted inspections and research evidence on effective practice;
  • providing effective leadership and challenge in this area; and reporting on private fostering in their own annual report as appropriate

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Co-operation with Neighbouring Children’s Services Authorities (i.e. Local Authorities) and Their Board Partners

By establishing procedures to safeguard and promote the welfare of children who move between Local Authority areas, in line with the requirements in Chapters 5 and 7 and 8 of Working Together 2010. This might include harmonising procedures, where appropriate, to bring coherence to liaison with an organisation (such as a Police Force) which spans more than one LSCB area. This could be relevant to geographically mobile families such as:

  • asylum seeking children;
  • traveller children;
  • children in migrant families; and
  • children of families in temporary accommodation.

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Other Policies and Procedures

LSCBs should consider the need for other local protocols under this function, beyond those specifically set out in regulations, including:

  • quick and straightforward means of resolving professional differences of view in a specific case, for example, on whether a Child Protection Conference should be convened:
  • attendance at Child Protection Conferences, including quora;
  • attendance at family group conferences;
  • involving children and family members in Child Protection Conferences, the role of advocates, criteria for excluding parents in exceptional circumstances;
  • a decision-making process for the need for a Child Protection Plan based upon the views of the agencies present at the Child Protection Conference; and
  • handling complaints from families about the functioning of Child Protection Conferences.
  • a procedure of handling complaints regarding requests to share information.

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Communicating and Raising Awareness Function

Communicating to persons and bodies in the area of the Authority the need to safeguard and promote the welfare of children, raising their awareness of how this can best be done and encouraging them to do so.

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Monitoring and Evaluation Function

To monitor and evaluate the effectiveness of what is done by the Board partners individually and collectively to safeguard and promote the welfare of children and advise them on ways to improve.

The LSCB has a key role in achieving high standards in safeguarding and promoting welfare, not just through co-ordinating but by evaluation and continuous improvement. For example, by asking individual organisations to self-evaluate under an agreed framework of benchmarks or indicators and then sharing results with the Board. It might also involve leading multi-agency arrangements to contribute to self-evaluation reports.

The LSCB should have a particular focus on ensuring that those key people and organisations that have a duty under Section 11 of the Children Act 2004 or Section 175 or 157 of the Education Act 2002 are fulfilling their statutory obligations about safeguarding and promoting the welfare of children.

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Annual Report

The Apprenticeships, Skills, Children and Learning Act 2009 introduced a requirement for LSCBs to produce and publish an annual report on the effectiveness of safeguarding in the local area. This report should provide an assessment of the effectiveness of local arrangements to safeguard and promote the welfare of children, set against a comprehensive analysis of the local area safeguarding context. It should recognise achievements and the progress that has been made in the local authority area as well as providing a realistic assessment of the challenges that still remain.

The report should demonstrate the extent to which the functions of the LSCB as set out in Working Together are being effectively discharged. This should include assessments of policies and procedures to keep children safe, including:

  • the policies and procedures for the safe recruitment of frontline staff;
  • a guide to inter-agency working to safeguard and promote the welfare of children
  • an assessment of single and inter-agency training on safeguarding and
  • promoting the welfare of children to meet the local needs;
  • lessons learnt about the prevention of future child deaths which have been
  • identified by the Child Death Overview Panel; and
  • progress on priority issues (for example, child trafficking, sexual exploitation and
  • domestic violence).

Annual reports should also include a clear account of progress that has been made in implementing actions from individual Serious Case Reviews (SCRs) completed during the year in question, plans to evaluate the impact of these actions and to monitor how these improvements are being sustained over time. This also applies to SCRs commissioned in previous years where any actions remained outstanding at the start of the reporting year. Where SCRs have been commissioned but not completed the annual report should note action already taken to learn lessons arising from the relevant cases. Common themes and recurring recommendations may be addressed together but the report must be clear on action taken in response to individual SCRs.

The report should provide robust challenge to the work of the Children’s Trust Board in driving improvements in the safeguarding of children and young people and in promoting their welfare. The LSCB must send a copy of the annual report to the Children’s Trust Board. The Children’s Trust Board in turn will be expected to respond to reports through the local Children and Young People’s Plan. In preparing the Children and Young People’s Plan Children’s Trust Boards will be expected to draw upon the advice from and the findings in the LSCB annual report, and show how they intend to respond to the issues raised.

This requirement came into force from 1 April 2010. This will mean that a LSCB must publish its first report by 1 April 2011. The LSCB and the Children’s Trust Board, within the parameters set by legislation, should work together to ensure that the LSCB annual report is developed in time so that it can be properly considered and effectively utilised by the Children’s Trust Board.

Function of Participating in Planning and Commissioning

Participating in the local planning and commissioning of Children’s Services to ensure that they take safeguarding and promoting the welfare of children into account

This will be achieved to a large extent by contributing to the Children and Young People’s Plan, and ensuring in discussion with the Children’s Trust partners that planning and commissioning of services for children within the local authority area takes account of their responsibility to safeguard and promote children’s welfare.

Where it is agreed locally that the LSCB is the ‘responsible authority’ for ‘matters relating to the protection of children from harm’ under the Licensing Act 2003, it must be notified of all licence variations and new applications for the sale and supply of alcohol, gambling and public entertainment.

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Functions Relating to Child Deaths

The North East Lincolnshire Child Death review Panel was created on 1st of April 2008 as directed by Working Together to Safeguard Children 2006. It will continue to collect and analyse information about the deaths of all children in their area with a view to identifying:

  • Any matters of concern affecting the safety and welfare of children in the area of the Authority, including any case giving rise to the need for a serious case review;
  • Any general public health or safety concerns arising from deaths of children.
  • Putting in place procedures for ensuring that there is a co-ordinated response by the Authority, their Board partners and other relevant persons to an unexpected death of a child. (See Section 7 - Child Death Review Process).

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Serious Case Review Function

Undertaking reviews of cases where abuse or neglect of a child is known or suspected and either a child has died; or a child has been seriously harmed and there is cause for concern as to the way in which the Authority, their Board partners or other relevant persons have worked together to safeguard the child.

By developing procedures and the detail of organisations and individuals roles in accordance with Chapter 8 of Working Together and ensuring that organisations undertake those roles. All relevant staff should be aware of when Serious Case Reviews are required or should be considered. (Please refer to Section 8 - Case Review Following Serious Harm to/or Death of a Child).

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Other Activities

The regulations make clear that in addition to the functions set out above:

An LSCB may also engage in any other activity that facilitates, or is conducive to, the achievement of its objective. These further activities should be discussed and agreed as part of wider Children’s Trust planning.

The LSCB will not be an operational body or one which delivers service to children, young people and their families. Its role is co-ordinating and ensuring the effectiveness of what its member organisations do, and contributing to broader planning, commissioning and delivery.

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Ways of Working

The working practices of LSCB members need to be considered locally with a view to securing effective operation of LSCB functions and ensuring that all member organisations are effectively engaged.

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Independence

It is important that, whilst operating in the context of the Children’s Trust and developing a strong working relationship with the wider strategic partnerships within a Local Authority area, LSCBs exercise their unique statutory role effectively. They must be able to form a view of the quality of local activity, to challenge organisations as necessary and to speak with an independent voice. For that reason the LSCB and Children’s Trust Board should not be chaired by different people which happens in NEL.

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Relationship between the LSCB and the Children’s Trust

The LSCB and its activities are part of the wider context of Children’s Trust arrangements. The work of LSCBs contributes to the wider goals of improving the wellbeing of all children. Within the wider governance arrangements its role is to ensure the effectiveness of the arrangements made by individual agencies and the wider partnership to safeguard and promote the welfare of children.

The LSCB should not be subordinate to or subsumed within the Children’s Trust arrangements in a way that might compromise its separate identity and independent voice. The LSCB should expect to be consulted by the partnership on issues which affect how children are safeguarded and their welfare promoted. The LSCB is a formal consultee during the development of the Children and Young People’s Plan.

There must be a clear distinction between the roles and responsibilities of the LSCB and the Children’s Trust Board. There should be agreed local protocols between the LSCB and the Children’s Trust Board in place to ensure that the LSCB is able to challenge and scrutinise effectively the work of the Children’s Trust Board and partners. (See Section 11 Part U: LSCB trust protocol)

The LSCB must be able to form a view of the quality of local activity, to challenge organisations as necessary, and to speak with an independent voice.

For that reason the LSCB and Children’s Trust Board should not be chaired by different people.

The Children’s Trust Board should work with the LSCB to agree:

  • a strategic approach to understanding needs, including a sophisticated analysis of data and effective engagement with children, young people and families;
  • a clear approach to understanding the effectiveness of current services, and identifying priorities for change - including where services need to be improved, reshaped or developed;
  • integrated and effective arrangements for ensuring that priorities for change are delivered in practice through the Children and Young People’s Plan; and
  • effective approaches to understand the impact of specialist services on outcomes for children, young people and families, and using this understanding constructively to challenge lack of progress and drive further improvement.

The Children’s Trust Board - drawing on support and challenge from the LSCB - will ensure that the Children and Young People’s Plan reflects the strengths and weaknesses of safeguarding arrangements and practices in the area and what more needs to be done by each partner to improve safeguarding and promotion of welfare.

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