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Safeguarding Policy

Bluebird Care Isle of Wight Safeguarding Policy

BBCE29 Safeguarding Adults (England) Policy


1.1 Bluebird Care Isle of Wight take seriously, its legal and moral obligations to safeguard adults at risk of abuse and neglect. The business is committed to 'zero-tolerance' of neglect and abuse of adults at risk in the communities it serves.

1.2 The purpose of this policy is to protect adults at risk and their care, recognising the risks involved in lone working and includes:

  • Clarification regarding the roles and responsibilities of staff and all healthcare professionals working together and with Bluebird Care Isle of Wight, and how we contribute to the prevention of abuse of adults at risk.
  • Outlined practices and procedures for all parties within the scope of the policy.
  • A clear framework for action when abuse is

2.1 This policy applies to all individuals, regardless of their characteristics or funding arrangements, and to all staff. Bluebird Care Isle of Wight recognise that its duty to protect adults at risk does not rely solely on contractual status. In any event, where there are concerns regarding an individual whom our employees have come into contact with during their contracted duties, Bluebird Care Isle of Wight will respond in accordance with national guidelines set out herein.

2.2 This policy is intended for use in Safeguarding Adults. This is includes all customers over the age of 18 year old.

3.1 The policy aim/objective(s) is to ensure everyone understands their role and responsibilities concerning safeguarding. It guides staff in taking the necessary steps to protect children and adults at risk from harm and it informs the individual and their families/representatives on how Bluebird Care Isle of Wight go about implementing key safeguarding law and government initiatives.

3.2 This policy is issued to collages along with relevant learning materials distributed during induction and refresher training, to enable them to:

  • Reduce the likelihood of abuse or other forms of exploitation of individuals who may be at risk of harm
  • Identify suspected or alleged abuse and take prompt action to make sure that ‘adults at risk’ are safe and that their rights are protected
  • Support individuals to maintain control over their lives and to make their own choices as far as possible

3.3 Legal Framework

3.3.1 This policy evidences how this Bluebird Care protects adults eceiving care from abuse or harm in line with its legal requirements and best safeguarding practice guidance. It reflects in particular:

 

  • Regulation 13: Safeguarding Service Users from Abuse and Improper Treatment of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014
  • The CQC’s Quality Statement on safeguarding , which Bluebird Care Isle of Wight recognises as a benchmark in its assessment of service provision, i.e.

“We work with people to understand what being safe means to them as well as with our partners on the best way to achieve this. We concentrate on improving people’s lives while protecting their right to live in safety, free from bullying, harassment, abuse, discrimination, avoidable harm and neglect. We make sure we share concerns quickly and appropriately”

3.3.2 The statutory guidance for the Care Act 2014 (Chapter 14: Safeguarding), which describes the duties and responsibilities of local authorities and its partner organisations to protect adults with care and support needs from abuse, neglect and other sources of harm, and to make enquiries if they suspect or have evidence of people being abused

4.1 What is Safeguarding?

4.1.1 Safeguarding is defined as 'protecting an adult's right to live in safety, free from abuse and neglect.' Safeguarding is about preventing and responding to concerns of abuse, harm or neglect of adults.

4.2 Principles

4.2.1 The Department of Health (2011) and the Care Act (2014) have agreed best practice principles for safeguarding vulnerable adults that should be utilised to provide a benchmark for achieving good outcomes for customers.  

4.2.2 Bluebird Care Isle of Wight's Safeguarding Adults at Risk Policy incorporates the wellbeing principle together with the six principles of safeguarding adults embedded in the Care Act 2014, as follows:

  • Empowerment – people being supported and encouraged to make their own decisions with informed consent. Vulnerable adults should be in control of their care and their consent is needed for decisions and actions designed to protect them. Clear justification must be made and documented where action is taken without consent such as lack of capacity or other legal or public interest justification. Where a person is not able to control the decision, they should still be included in decisions to the extent that they are able. Decisions made must respect the person’s age, culture, beliefs, and lifestyle. 
  • Proportionality – the least intrusive response appropriate to the risk presented. Responses to harm and abuse should reflect the nature and seriousness of the concern. Responses must be the least restrictive of the person’s rights and take account of the person’s age, culture, wishes, lifestyle and beliefs. Proportionality also relates to managing concerns in the most effective and efficient way.  
  • Accountability - the way in which the safeguarding process is conducted should be transparent and consistent. Bluebird Care Isle of Wight is accountable to customers and to their commissioning agencies. Working in partnerships also entails being open and transparent with partner agencies about how safeguarding responsibilities are being met
  • Partnerships – people can be satisfied that agencies are working together to make them safe. Safeguarding vulnerable adults will be most effective where citizens, services and communities work collaboratively to prevent, identify, and respond to harm and abuse. The skills of the multiagency team should be utilised when safeguarding vulnerable adults.
  • Protection – ensuring that people are safe and that they have support and representation as necessary during the process.All colleagues have a duty to support all customers to protect themselves. Colleagues have a positive obligation to take additional measures for customers who may be less able to protect themselves.  
  • Prevention – minimising the likelihood of repeated abuse and recognising the person’s own contribution to this. Prevention of harm or abuse is a primary goal. Prevention involves helping the person to reduce risks of harm and abuse that are unacceptable to them. Prevention also involves reducing risks of neglect and abuse occurring within the service.  

4.3 Lead Responsibility

4.3.1 The current safeguarding lead is:

Name:

Jackie Bates

Position:

Registering Manager

Contact details:

01983 526776

4.3.2 The Registered Manager Helena John of Bluebird Care Isle of Wight is the Designated Safeguarding Lead (DSL) supported by the Nominated Individual Jon Murray-Walker and has Lead Responsibility and Accountability for ensuring that all operations are carried out in compliance with this policy and regulation  and that any concerns that arise are dealt with in accordance with the reporting procedures outlined in this Policy.

4.3.3 Day-to-day responsibilities may be delegated to the a manager or care coordinator at Bluebird Care Isle of Wight.

4.4 Definition of Abuse

4.4.1 In order to practice safeguarding effectively, it is important that staff at Bluebird Care Isle of Wight understand and can recognise what abuse is, as well as any signs of abuse or neglect.

4.4.2 Regulation 13 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 states: 

'abuse' means

      any behaviour towards a customer that is an offence under the Sexual Offences Act 2003(a),

      ill-treatment (whether of a physical or psychological nature) of a customer,

      theft, misuse or misappropriation of money or property belonging to a customer, or

      neglect of a customer.

4.4.3 At Bluebird Care Isle of Wight wedefine abuse as:

“…the harming of another individual usually by someone who is in a position of power, trust or authority over that individual. The harm may be physical, psychological or emotional or it may be directed at exploiting the vulnerability of the victim in more subtle ways (for example, through denying access to people who can come to the aid of the victim, or through misuse or misappropriation of his or her financial resources). The threat or use of punishment is also a form of abuse... In many cases, it is a criminal offence.”

4.5 Types of Abuse

4.5.1 Abuse takes place in all manner of forms. It is important that staff at Bluebird Care Isle of Wight  are aware of the wide range and manners of abuse to ensure any signs are recognised early. Below are examples of different types of abuse. Staff are reminded this list is not exhaustive; it is the responsibility of all colleagues to remain vigilant to all signs of abuse.

1. Physical abuse

  • Bodily assaults resulting in injuries e.g. hitting, slapping, pushing, kicking, misuse of medication, restraint or inappropriate sanctions.
  • Bodily impairment e.g. malnutrition, dehydration, failure to thrive.
  • Medical/healthcare maltreatment.

2. Sexual abuse 

  • Rape, incest, acts of indecency, sexual assault.
  • Sexual harassment or sexual acts to which the Adult at risk has not consented, or could not consent or was pressured into consenting.
  • Sexual abuse might also include exposure to pornographic materials, being made to witness sexual acts and encompasses sexual harassment/non-contact abuse.

3. Psychological/emotional abuse 

  • Threats of harm, control, intimidation, coercion, harassment, verbal abuse, enforced isolation or withdrawal from services or supportive networks.
  • Humiliation.
  • Bullying, shouting, swearing.

4. Neglect 

  • Ignoring medical or physical care needs and failure to provide access to appropriate health, social care or educational services.
  • Withholding life’s necessities, such as medication, adequate nutrition and heating.

5. Financial or material abuse 

  • Theft and fraud.
  • Exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.

6. Discrimination

  • Racist, sexist, or based on a person’s disability, and other forms of harassment, slurs or similar treatment.

7. Organisational Abuse

  • A service or agency puts its own needs before those of the customers.
  • Inflexible daily routines, and re-organising a staff rota to suit its own costs.

8. Modern Slavery

  • The use of individuals working for little or no wages is now the business of the Safeguarding Adults Boards.

9. Domestic Violence 

  • Domestic violence is now recognised as the jurisdiction of the Safeguarding Adults Boards across the country when it is committed against an adult in need of care services.

10. Self Neglect

  • Where the individual refuses to attend to their personal care and hygiene, their environment, or even refuses care services offered to them.

4.5.2 Care workers should be educated on this condition and prepared to work with the individual to improve their situation.

4.5.3 Multiple forms of abuse may occur in an ongoing relationship or abusive service setting to one person or to more than one person at a time, making it important to look beyond single incidents or breaches in standards to underlying dynamics and patterns of harm. Any or all of these types of abuse may be perpetrated as the result of deliberate intent and targeting of vulnerable people, negligence or ignorance.

4.5.4 At Bluebird Care Isle of Wight we hold azero-tolerance policy, whereby we strongly articulate that no abuse is acceptable; abuse is a criminal offence and must be reported to the Safeguarding Adults Board

4.5.5 At Bluebird Care Isle of Wight we ask all incidents or concerns related to abuse or safeguarding are reported immediately to the Safeguarding Lead, who will then report to the Safeguarding Adults Board, if appropriate. In extreme cases of abuse or imminent danger, individuals are advised to call the Police.

5.6 Identification of Abuse

5.6.1 At Bluebird Care Isle of Wight we understand abuse can be perpetrated and shown in many ways. Abuse can also happen anywhere and be carried out by anyone, e.g. Informal carers, family, friends, neighbours, paid staff, volunteers, other customers and strangers or tenants. Staff should be vigilant of all of the following signs and act on any other signs they may feel concerned about.

1. Physical Abuse Signs

  • A history of unexplained falls or minor injuries.
  • Bruising in well-protected areas, or clustered from repeated striking.
  • Finger marks.
  • Burns of unusual location or type.
  • Injuries found at different stages of healing.
  • Injury shape similar to an object.
  • Injuries to head/face/scalp.
  • History of GP or agency hopping, or reluctance to seek help.
  • Accounts, which vary with time or are inconsistent with physical evidence.
  • Weight loss due to malnutrition, or rapid weight gain.
  • Ulcers, bedsores and being left in wet clothing.
  • Drowsiness due to too much medication, or lack of medication causing recurring crises/ hospital admissions.
  • Note: Some ageing processes can cause changes that are hard to distinguish from some aspects of physical assault. For example, skin bruising can occur very easily due to blood vessels becoming fragile.

2. Sexual Abuse Signs

  • Disclosure or partial disclosure (use of phrases such as ‘it’s a secret’).
  • Medical problems, e.g. genital infections, pregnancy, difficulty walking or sitting.
  • Disturbed behaviour e.g. depression, sudden withdrawal from activities, loss of skills, sleeplessness/nightmares, self-injury, showing fear/aggression to one particular person, repeated or excessive masturbation, inappropriately seductive behaviour, loss of appetite/difficulty in keeping food down.
  • The behaviour of others towards the Adult at risk.

3. Psychological/Emotional Abuse Signs

  • Isolation.
  • Unkempt, unwashed, smell.
  • Over meticulous.
  • Inappropriately dressed.
  • Withdrawn, agitated, anxious not wanting to be touched.
  • Change in appetite.
  • Insomnia, or need for excessive sleep.
  • Tearfulness.
  • Unexplained paranoia or excessive fears;
  • Low self-esteem;
  • Confusion.

4. Neglect Signs

  • Poor physical condition.
  • Clothing in poor condition.
  • Inadequate diet.
  • Untreated injuries or medical problems.
  • Failure to be given prescribed medication.
  • Poor personal hygiene.

5. Financial or Material Abuse Signs

  • Unexplained or sudden inability to pay bills.
  • Unexplained or sudden withdrawal of money from accounts.
  • The disparity between assets and satisfactory living conditions.
  • Extraordinary interest by family members and other people in the vulnerable person’s assets.
  • Discriminatory Abuse Signs
  • Lack of respect shown to an individual.
  • Signs of substandard service offered to an individual.
  • Exclusion from rights afforded to others (i.e. health, education, criminal justice).

6. Organisational Abuse Signs

  • Staff rotas designed purely to save the organisation money.
  • Putting potential financial gains before the welfare of customers.

7. Domestic Abuse Signs

  • Suspected physical, emotional, or sexual abuse within the home.

8. Modern Slavery Signs

  • Individuals working for none or very little remuneration.

9. Self-Neglect Signs

  • Lack of willingness to care for oneself.
  • Lack of attention to personal hygiene.
  • Not taking prescribed medications.

10. Other Signs of Abuse

  • Inappropriate use of restraints.
  • Sensory deprivation e.g. spectacles or hearing aid.
  • Denial of visitors or phone calls.
  • Failure to ensure privacy or personal dignity.
  • Lack of flexibility of choice e.g. bedtimes, choice of food.
  • Restricted access to toilet or bathing facilities.
  • Lack of personal clothing or possessions.
  • Controlling relationships between care staff and customers.
  • Any errors in medication administration.

5.7 Abuse & Recognising the Signs

5.7.1 This section of our Safeguarding Adults at Risk Policy has highlighted that abuse can happen at any time and in any place and can be perpetrated by anyone.

5.7.2 At Bluebird Care Isle of Wight, staff have a duty of care towards all customers and colleagues. It is your responsibility to remain vigilant regarding the presence and perpetration of abuse and act quickly as soon as signs of abuse have been identified by confiding in your Registered Manager, other senior members of staff, or the Designated Safeguarding Lead.

4.8 Preventing Abuse/ Harm 

4.8.1 Bluebird Care Isle of Wight managers have wide responsibilities for taking action to prevent abuse/harm, including:

  • setting out and making widely known the procedures for responding to suspicions or evidence of abuse/harm
  • ensuring recruitment procedures make it possible to consider very carefully the background of anyone whose work will bring them into contact with customers
  • operating personnel policies which ensure that all potential staff in regulated activity are rigorously checked, by the taking up of references and clearance through DBS criminal records and barred list checks, with equivalent checks for staff employed from overseas
  • ensuring staff training at all levels deals with abuse/harm and protection   
  • ensuring staff working alone with customers are supervised carefully   
  • ensuring that any suspicion, piece of evidence or report of abuse/harm is followed up promptly   
  • encouraging to watch for any evidence of abuse/harm and to report these immediately
  • creating an open culture which allows for the passing on of any concerns whatever their source
  • observing carefully any person in the work setting who might be abusive towards others
  • helping customers to avoid or counter abuse/harm where this is possible
  • ensure policies and procedures relating to abuse/harm are widely publicised and kept up to date. 

4.9 Rights and Responsibilities

4.9.1 With a view to Safeguarding, the responsibilities of Bluebird Care Isle of Wight are:

  • to ensure staff are aware of the Safeguarding Adults at Risk Policy and are adequately trained
  • to ensure staff are aware of who the Safeguarding Lead is within Bluebird Care Isle of Wight
  • to notify the appropriate authorities if abuse is identified or suspected
  • to support and, where possible, secure the safety of individuals
  • to ensure that all referrals to services and authorities have full information in relation to identified risk and vulnerability
  • to instruct staff to promote good practice to all healthcare professionals
  • to DBS check all professionals who have access to or work with adults at risk.

4.9.2 Safeguarding is not achieved in isolation. We work in partnership with healthcare professionals and identify their responsibilities to be:

  • To be familiar with the Safeguarding Adults at Risk Policy policy and procedures
  • To take appropriate action in line with the policies of Bluebird Care Isle of Wight
  • To declare any existing or subsequent convictions. Failure to do so will be regarded as gross misconduct as per our policy disclosure.

4.9.3 Bluebird Care Isle of Wight develops its policies and procedures in line with our local Safeguarding Adults Boards (SABs) recommendations and guidance, which are found on its website, together with relevant documentation for, e.g., raising alerts and staff training.

4.9.4 As an employer, Bluebird Care Isle of Wight has a duty of care towards its employees. To this end it is our responsibility to support those who report abuse:

  • All those making a complaint/allegation or expressing concern, whether they are staff, customers, carers or members of the general public, should be reassured they will be taken seriously and their comments will be treated confidentially; however, concerns may be shared if they (or others) are at significant risk as determined by the Designated Safeguarding Lead.
  • In such cases, customers will be given immediate protection from the risk of reprisals or intimidation; staff will be given support and afforded necessary protection in line with the Public Interest Disclosure Act 1998.

4.9.5 To promote safeguarding effectively, it is essential staff understand the rights of theAdult at risk. Their rights are:

  • To be made aware of this policy
  • To have alleged incidents recognised and taken seriously
  • To receive fair and respectful treatment throughout
  • To be involved in any process as appropriate
  • To receive information about the outcome.

4.9.6 Registered Manager Responsibities: 

  • To ensure that safeguarding vulnerable adults is integral to clinical   governance and audit arrangements within the service. 
  • Ensure that the service meets the contractual and clinical governance arrangements on safeguarding vulnerable adults. 
  • To ensure that all staff in contact with vulnerable adults are alert to the potential indicators of abuse or neglect and know how to act on those concerns in line with local guidance. 
  • To ensure that the service operates safe recruitment processes in line with national and local guidance and the company’s own policies and procedures, including satisfactory clearance by the Disclosure and Barring Service (DBS) prior to commencing employment and ensuring that during employment DBS re-checking is undertaken as a minimum every 3 years. 
  • Ensure safeguarding responsibilities are reflected in all job descriptions. 

4.9.7 Designated Adults Safeguarding Manager: (This could also be the Registered Manager)

4.9.7.1 The roles and responsibilities do not equate to a full-time role but where a person is identified to take on this role, these duties should be included in the job description.Their role is to:  

  • Act as a contact on safeguarding adult and Mental Capacity Act matters; this may include requests to contribute to sharing information required for safeguarding investigations where appropriate. 
  • Disseminate information in relation to safeguarding vulnerable adults/ Mental Capacity Act to all staff members. 
  • Act as a point of contact for family members to bring any concerns that they have, to document those concerns and to take any necessary action to address concerns raised.  
  • Share information received on safeguarding concerns promptly with Local Authority Enquiry Team, clarifying or obtaining more information about the matter as appropriate and as advised. 
  • Facilitate access to support and supervision for staff working with vulnerable adults and families. 
  • Ensure that the staff team complete the service’s agreed incident forms and analysis of significant events forms. For those services with individuals on the Continuing Health Care (CHC) framework, incident forms should be submitted to the commissioning support unit.  

4.9.7.2 Their responsibilities are to: 

  • Be fully conversant with the company’s Safeguarding Adult policy, the policies and procedures of their Local Authority Safeguarding Adults Board; and the integrated processes that support safeguarding.  
  • Be responsible for facilitating training opportunities for individual staff groups.  

4.9.8 Individual Colleagues Resposibilities   

  • To be alert to the potential indicators of abuse or neglect for vulnerable adults and know how to act on those concerns in line with national guidance and the Local Authority Safeguarding Adult procedures. 
  • To report any concerns about abuse in a timely manner.   
  • To be aware of and know how to access the Local Authority Safeguarding Adults Board’s policies and procedures for safeguarding vulnerable adults.  
  • To take part in training, including attending regular updates so that they maintain their skills and are familiar with procedures aimed at safeguarding vulnerable adults and implementation of the Mental Capacity Act. 
  • Understand the principles of confidentiality and information sharing in line with local and government guidance.  
  • To contribute, when requested to do so, to the multi-agency meetings established to safeguard and protect vulnerable adults. 
  • Recognise the importance of sharing information, in confidence and with a lead person, regarding concerns they have about a colleague’s behaviour.  
  • To minimise any potential risk to vulnerable adults. 
  • Treat customers with dignity and respect and in strict accordance with their care plans or any behaviour management plans. 
  • Where appropriate to attend training on Managing Challenging Behaviours and to recognise when an approved intervention is necessary to protect staff and the customer which is lawful, proportionate to the risk and respectful.  All such interventions should be documented in the care plan and if necessary and appropriate an incident form should be raised and completed.   

4.10 Good Practice

4.10.1 At Bluebird Care Isle of Wight, we implement good practices daily to ensure safe, effective, and high-quality services.

4.11 Recruitment 

4.11.1 Our recruitment procedures are designed to uphold the highest levels of safeguarding and are written in line with Schedule, Regulations 4 to 7 and 19(3) CQC regulations. See the Recruitment Policy.

4.12 Record Keeping 

4.12.1 A written record of any concerns will be kept on file. This confidential information will be stored securely and appropriately and will be kept for as long as deemed necessary, in line with Data Protection principles.

4.12.2 All incidents should be discussed in supervision with your Registered Manager. Records kept should only include:

  • Contacts made
  • Referrals made, including date, time, reasons and referral agency; Bluebird Care Isle of Wight may have specific projects that need to keep more detailed records, and these will be identified by the Team Leader and made known to the team.

4.13 Information to Record

In all situations, including those in which the cause for concern arises from a disclosure made in confidence, it is vitally important to record the details of an allegation or reported incident, regardless of whether or not the concerns are shared with a statutory agency.

4.13.1 As far as possible an accurate note should be made of:

  • The date and time of the incident and disclosure
  • The parties who were involved
  • What was said and done by whom
  • Description of any visible injuries or bruising
  • Any further action taken by Bluebird Care Isle of Wight to investigate the matter
  • Any further action e.g. the suspension of a worker
  • Where relevant, reasons why there was no referral to a statutory agency
  • The full name of the person(s) reporting and to whom reported.

4.13.2 Records and reports should be stored securely and shared only with those who need to know. All referrals made to the Adult Safeguarding Board should be confirmed in writing and followed up with a copy of the incident report within 24 hours. If you have not heard back within 3 working days, contact your local Safeguarding Board again.

4.13.3 A record the staff member to whom concerns were passed should be made with the date and time of the call, and subsequent letters sent.

4.14 Adults with Capacity

4.14.1 A person’s ability to make a decision in regard to adult abuse may be affected by (not an exhaustive list): 

  • Duress and undue influence; 
  • Lack of mental capacity. 
  • Use of threat or influence 
  • Power imbalance within a relationship  

4.14.2 There may be a fine distinction between a person who lacks the mental capacity to make a particular decision and a person whose ability to make a decision is impaired, e.g. by duress of undue influence. Nonetheless, it is an important distinction to make. 

4.14.3 Vulnerable adults who are in receipt of health or social care services and whose independence and well-being is at risk due to abuse can expect arrangements to be made that will promote their safety, independence, and well-being in both the short and longer term. Bluebird Care Isle of Wight will ensure all relevant and appropriate professionals are alerted and involved to support all vulnerable adults have wherever possible: 

  • The right to be safeguarded from abuse. 
  • Their needs regarded as paramount. 
  • The right to be taken seriously. 
  • To be offered independent advocacy and/or support and be kept informed of safeguarding processes and outcomes, as appropriate. Bluebird Care Isle of Wight will support any adult in facilitating access to advocacy services including making a referral in the absence of statutory services. 
  • The right to appropriate information on the safeguarding vulnerable adult’s process. 
  • The right to privacy and confidentiality throughout the safeguarding process, except where there is a requirement to override. 
  • The right to be involved in decisions regarding themselves, made as a result of the safeguarding process. 

4.14.4 Any intervention to protect a vulnerable adult must be carried out with the consent of the adult concerned, however there may be occasions where their consent may not be valid, due to consent needing to be over-ridden by an agency’s duty to protect others. This may be when there are concerns regarding wider groups of vulnerable adults or children or when a criminal offence has taken place.   

4.14 Lack of Mental Capacity for a Specific Decision

4.14.1 The Mental Capacity Act (MCA) 2005 provides a statutory framework that underpins issues relating to capacity and protects the rights of individuals where capacity may be in question. MCA implementation is integral to safeguarding vulnerable adults. 

4.14.2 The 5 principles of the MCA must be followed and are directly applicable to safeguarding: 

  • A person must be assumed to have capacity unless it is established that he lacks capacity. Assumptions should not be made that a person lacks capacity merely because they appear to be vulnerable; 
  • A person is not to be treated as unable to make a decision unless all practicable steps to help him do so have been taken without success. Empower the person to make decisions about managing risks e.g. use communication aides to assist someone to make decisions; choose the optimum time of day where a person with dementia may best be able to evaluate risks; 
  • A person is not to be treated as unable to make a decision because he makes an unwise decision. The person will wish to balance their safety with other qualities of life such as independence and family life. This may lead them to make choices about their safety that others may deem to be unwise, but they have the right to make those choices; 
  • An act or decision made under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests. Best interest decisions in safeguarding take account of all relevant factors including the views of the person, their values, lifestyle and beliefs and the views of others involved in their care; 
  • Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s right and freedom of action.  

4.14.3 Where a person lacks capacity to make a decision, any use or restriction and restraint must be necessary and proportionate and to prevent harm to that person. Safeguarding interventions need to balance the wish to protect the person from harm with protecting other rights such as right to family life. All interventions in safeguarding vulnerable adults must be: 

  • Lawful 
  • Proportionate to the risk 
  • Respectful of the wishes of the person at risk with regard to their human rights 
  • Documented within the person’s care plan 

5.1 What to do when there is suspected abuse?

5.1.1 Any member of staff who suspects abuse or notices any of the signs listed above must immediately inform the Registered Manager. Action should also be taken if it is felt that colleagues are not following the Bluebird Care Isle of WightSafeguarding Adults at Risk Policy and Guidelines.

5.1.2 It is necessary to ensure the safety of the customer at all times.

5.1.3 Bluebird Care Isle of Wight works on the basis that everyone involved with adults at risk has a duty to protect them from unacceptable risks and to keep them safe. At Bluebird Care Isle of Wight, staff will be fully trained to react in situations whenever there is a sign of risk or harm to a customer. 

5.1.4 We work on the basis that customers, except for a small minority in whom the lack of capacity to make responsible decisions about their own welfare has been specifically identified and agreed upon, should retain the right to make decisions about risks for themselves. We thus aim to encourage that element in customers’ continued independence. Some, but not all, may want a family member, friend or representative to be involved in decisions about situations in which they might be especially vulnerable. 

5.1.5 All allegations or suspicions are to be treated seriously. No abuse is acceptable and some abuse is a criminal offence and must be reported to the Police as soon as possible. To determine the appropriate action, it is important to consider: 

  • Risk – Does the Adult at risk or staff member understand the nature and consequences of any risk they may be subject to, and do they willingly accept such a risk?
  • Self-determination – Is the Adult at risk able to make their own decisions and choices, and do they wish to do so?
  • Seriousness – A number of factors will determine whether intervention is required. The perception of the victim must be the starting point.

5.1.6 Factors informing the assessment of seriousness will include: 

  • The perception of the individual and their vulnerability
  • The extent of the abuse
  • The length of time it has been going on
  • The impact on the individual
  • The risk of repetition or escalation involving this or other adults at risk
  • Is a criminal offence being committed?

5.1.7 Bluebird Care Isle of Wight acknowledges that reporting safeguarding concerns is an extremely sensitive issue for staff and assures all staff and persons working on its behalf that it will fully support and protect anyone who, in good faith, reports a concern that a colleague is, or maybe, abusing Adult at risk. 

5.1.8 Concerns will be handled in the strictest confidence, in accordance with our Confidentiality policy, the Data Protection Act 2018, the GDPR, the Human Rights Act 1998, and any other legal obligations. 

5.1.9 Confidentiality will be maintained so that only managers and staff who are leading the investigation know the contents of the case. Anyone disclosing information to others who are not directly involved in the case should be dealt with under disciplinary procedures

5.2 Care expert responsibilities

5.2.1 Care experts are in a key position to prevent abuse from occurring and to empower the person at risk to take action where concerns arise. Their role is to:

  • Recognise when there is a safeguarding concern
  • Reassure the individual and make sure that they are in no immediate danger
  • Report the concerns without delay;
  • Record what has happened

5.3 Recognising potential abuse

5.3.1 Make sure that you are aware of the types of abuse and the possible signs and symptoms (see appendix 1 and refer to learning material provided during training sessions). 

5.3.2 Be alert whilst not jumping to any conclusions/maintain professional curiosity.

5.3.3 If you have concerns but are unsure whether or not they are safeguarding related, always report to and seek advice and guidance from your manager.

5.4 Reassure/Report

5.4.1 You may receive information about a safeguarding matter from:

  • Something you have seen or heard
  • Disclosure from an individual
  • Information from another professional such as a district nurse. Perhaps a friend, neighbour or relative of the individual

5.4.2 If an individual makes an allegation of abuse, be sensitive and supportive so that they feel safe to tell you about their concerns. It is often very difficult for someone to disclose that they are being or have been abused. They may feel very frightened, upset or embarrassed and ashamed of what has happened. They may even feel that they are responsible in some way. 

5.4.3 Reassure the individual that you are taking them seriously and that they have done the right thing in sharing their concerns with you. Listen carefully to what they are saying, stay calm and get a clear and factual picture of their concerns. Do not be judgmental and try to keep an open mind. Do not ask leading questions or try and investigate the matter. 

5.4.4 Be honest and tell the individual that you will have to report the allegation to your manager. Never promise confidentiality and do not make assurances that you are not able to keep. 

5.4.5 Make sure that the individual is comfortable and is in no immediate danger. 

5.4.6 If the situation indicates the need for urgent medical attention, contact an ambulance immediately. Or if there is a risk of immediate harm, contact the police.

5.4.7 If you believe that a criminal offence is about to be committed or may have been committed, contact the police. Be careful not to disturb any evidence. The police will be able to advise what action you may need to take to preserve evidence. 

5.4.8 Never discuss the safeguarding concerns with the alleged perpetrator or others (except for those noted above).

5.4.9 If a third party shares concerns about an adult’s safety, you must never ask them to make a self-referral to the local authority or police. Do not rely on the person to report their concerns, you must share information you have received relating to safeguarding matters, with your manager, in all instances.

5.4.10 You must verbally report all safeguarding concerns to your line manager or the on-call manager immediately or if this is not possible, within 2 hours. If the allegations relate to the manager, report to the franchise owner directly. If it relates to the franchise owner or you are unable to contact a senior member of staff, report the matter directly to the local authority.  Concerns about an adult at risk of abuse or neglect outside office hours should be reported to the local authority out of hours team (also known as the emergency duty team).

5.4.11 Colleagues who report concerns are protected under the Public Interest Disclosure Act 1998 (see the Whistleblowing Policy BBCE59)

5.4.12  See SD29(4) for a list of Authorities/Persons to report to in the event you are unable to make contact with management/franchise partners

5.5 Initial procedures

  1. A colleague who witnesses a situation in which a customer is in actual or imminent danger must use their judgment as to the best way to stop what is happening without further damage to anyone involved including themselves, either by immediately intervening personally or by summoning help.
  2. Any colleague to whom actual or suspected abuse/harm is reported—usually the manager or a senior staff member—must immediately take any further action necessary to provide protection, support, or additional care to a customer who has been harmed.
  3. The manager will discuss with the known or suspected abused/harmed person what actions they consider to be appropriate. In some circumstances, the person might not wish any action to be taken or agree to a referral being made on their behalf. In such cases, the manager will consider whether there are reasons for overriding the person’s wishes, eg because it is in the public interest and to prevent further harm. This could include seeking advice on the correct action to take on an anonymous basis from the Safeguarding Adults’ Authority.
  4. Any “victim” whom it is thought might lack mental capacity to give their consent for the abuse/harm to be reported will be assessed for their capacity to decide and a “best interests” decision will be taken in line with Mental Capacity Act procedures.
  5. Once a person has consented to further action being taken, or if someone is unable to give their consent it has been decided that it is in their best interests to do so, the senior staff member or manager (or whoever has authority at the time) will then alert the local Safeguarding Adults’Authority and follow its procedures and guidance from that point on. This will usually involve a strategy meeting and an action plan to be implemented from the strategy meeting.
  6. The specific procedures to be followed and referral forms are those available on the local Safeguarding Authority Board (SAB) website.
  7. In some instances, the registered manager/person responsible for safeguarding might need to report the matter directly to the police and seek guidance on the measures to be taken.
  8. The registered manager Helena John must take steps to ensure that there is no further risk of the victim being abused/harmed by the alleged or suspected perpetrator.
  9. The registered manager Helena John must ensure that the needs of the alleged victim of the abuse/harm for any special or additional care, support or protection or for checks on health or wellbeing are met at the outset and subsequently throughout the proceedings.
  10. If the alleged abuser is another colleague and there is sufficient evidence that abuse/harm has or might have occurred, the manager will suspend the person from duty pending the outcome of a disciplinary investigation. The manager will receive guidance on the steps to be taken following the local safeguarding adults authority strategy meeting, which will be held following the reporting of the abuse or suspected abuse/harm.
  11. If the evidence is insufficiently strong to warrant suspension the staff member against whom the allegation has been made will be instructed not to have further unsupervised contact with any customers until the matter is resolved. 
  12. However, it should be noted that in the event of a referral being made to the police because a criminal offence might have been committed, the police investigation will take precedence and no action should be taken that might jeopardise its enquiries, which might contaminate the evidence it is seeking and collecting.

5.6 Reporting Safeguarding Concerns

5.6.1 When reporting a safeguarding concern, the following guidelines should be adhered to.

  • Write down the details of the incident.
  • Pass this report to your Registered Manager Helena John at the earliest opportunity.
  • The Registered Manager Helena John should then take appropriate action to ensure the safety of the Adult at risk and any other person(s) who may be at risk.
  • The Registered Manager Helena John should then proceed with investigating the allegation.
  • If the matter concerns abuse, it should be referred to the local Safeguarding Adults Board, CQC, or the Police.
  • If the matter relates to poor practice and/or abuse by the manager or staff, the matter should be referred to the local Safeguarding Adults Board, and the employee must be suspended pending the outcome of an investigation into the allegations.
  • If abuse/harm is clearly occurring or is alleged to have occurred, Bluebird Care Isle of Wight takes swift action to limit the damage to customers and to deal with the abuse, as follows.

5.6.2 The Local Safeguarding Adults Board can be contacted using the following details:

  • Name: Isle of Wight Council
  • Contact: Enterprise House, Monks Brook St Cross Business Park, Newport. Isle of Wight PO30 5WB Tel: 01983 823340

5.6.3 If there's an immediate risk of harm or abuse, call 999 immediately.

5.6.4 If you can't get through to the local council, contact the CQC:

5.6.5 The CQC should be notified when there is an abuse or allegations of abuse concerning any customers. The CQC should be notified by email or by online submission if any of the following apply:

  • the person is affected by abuse
  • they are affected by alleged abuse
  • the person is an abuser
  • they are an alleged abuser.

5.6.6 Reporting a concern about the registered manager

If the registered manager is the subject of the concern, the report must be made to Bluebird Care Isle of Wight director. The director Jon Murray-Walker, Night Murray-Walker, can be contacted via telephone on 01983 526776. The director will also make a referral to the local SAB. 

5.7 Investigating alleged abuse

5.7.1 In many cases, an investigation will be carried out or led by a member of an external agency in line with the action plan determined by the initial strategy meeting convened by the local SAB. If a staff member is expected to carry out an investigation the following guidance should be followed.

  1. An appointed investigating officer will usually consult the person who may have been abused/harmed to hear their account of what has occurred and their views about what action should be taken, involving the customer’s relatives, friends or representatives if that is appropriate and in line with the wishes of the customer
  2. The investigating officer is expected to take into account in his or her conducting of the investigation:
  • the fears and sensitivity of the abused/harmed person
  • any risks of intimidation or reprisals
  • the need to protect and support witnesses
  • any confidentiality or data protection issues
  • the possible involvement of other agencies, including the police, local safeguarding team and the CQC
  • the obligation to keep the abused/harmed person and, in specific instances, the alleged perpetrator informed on the progress of the investigation.
  1. The investigating officer will assure the person who may have been abused/harmed that they will be taken seriously, that their comments will be treated confidentially as far as possible, that they will be protected from reprisals and intimidation, and that they will be kept informed of the actions taken and of the outcome.
  2. The investigating officer will consider whether the customer needs independent help or representation, including the services of an independent advocate, in presenting their evidence and, in conjunction with the registered manager if necessary, will arrange for the appropriate help or support to be made available.
  3. If the abused/harmed person expressly states a wish that no further action should be taken, the investigating officer will consider whether; a danger to others exists from not investigating further; in the light of that assessment it is possible to follow the person’s wishes; in any case precautionary measures should be taken to protect others from the possibility of abuse from the same source. The person will be informed of what is to happen.
  4. If it is decided that an investigation should proceed, the investigating officer will, as discreetly and confidentially as possible, look into all aspects of the situation. The investigation will include interviewing the staff involved in the incident or circumstances 
  5. Any staff member from whom evidence is taken will be assured that they will be treated fairly and equitably and informed of their employment, legal, and procedural rights.
  6. The alleged victim of the abuse/harm, and where appropriate their relatives, friends or representatives, will at all times be kept as fully informed as possible of what is happening regarding the suspected abuse/harm.
  7. The investigation will be carried out as quickly as possible, and the findings will be presented to the local safeguarding adults strategy group, which will then decide what further action to take, e.g., developing and implementing a Safeguarding Plan.

5.8 How will the CQC help safeguard customers?

5.8.1 When a safeguarding concern is raised to the CQC, they will help to safeguard customers by:

  • Using the information received to look at the risks to the customers using the service
  • referring concerns to local authorities or the police for further investigation
  • carrying out inspections, where they will talk to the customers to help them identify the safeguarding concerns
  • taking action if they find that Bluebird Care Isle of Wight does not have suitable arrangements to keep the customers safe 
  • publishing their findings on safeguarding in the inspection report.

5.9 Alert

5.9.1 An alert is an adult safeguarding referral that is made when an adult at risk has been identified as possibly having been harmed, abused or neglected. An allegation of abuse can arise from the following sources:

  • A direct disclosure by the Adult at risk at risk
  • Raised by staff or volunteers, others using the services of Bluebird Care Isle of Wight, a carer or a member of the public
  • An observation of the behaviour of the Adult at risk, of the behaviour of another person(s) towards the adult at risk or of one customer towards another.

5.10 Criteria for an alert/referral

5.10.1 Referrals should be made to the safeguarding adults board, the CQC or the Police.

5.10.2 A referral to the local Safeguarding Adults Board (SAB) or the CQC should be made if one or more of these factors apply:

  • The person is an adult at risk and there is a concern that they are being, or at risk of being, abused or neglected.
  • A crime has been or may have been committed against an adult at risk without the mental capacity to report a crime and a ‘best interests’decision is made.
  • The abuse or neglect has been caused by a member of staff or a volunteer (please following Bluebird Care Isle of Wight ‘Procedures for allegations of abuse against staff’).
  • Other people or children are at risk from the person causing the harm.
  • The concern is about institutional or systemic abuse.
  • The person causing the harm is also an adult at risk adults at risk can potentially be abused within the family, community and organisations by employees (including those employed to promote their welfare and protection from abuse), visitors, volunteers, and fellow students.

5.11 Information requested by another organisation

5.11.1 The safety and well-being of the Adult at risk override considerations of confidentiality. However, every effort should be made to ensure that confidentiality is maintained for all concerned both when the allegation is made and whilst it is being investigated.

5.11.2 Bluebird Care Isle of Wight has a duty to share information with other agencies and authorities if requested in connection with an assessment of an adult at risk or in connection with court proceedings. Although the Data Protection Act 2018 and the GDPR, Human Rights Act 1998 or common law duty of confidence would need to be considered the welfare of the Adult at risk would normally override the need to keep the information confidential.

5.12 Recording

5.12.1 Make an accurate and factual record of exactly what you have heard or seen straight away. Describe allegations using the individual’s own words as far as possible. Avoid using emotive language, judgements or interpretations. Record what you did, who you reported the matter to, the time and any response. Sign and date the report.

5.12.2 If you observed evidence of physical injuries such as bruising, when carrying out your normal care, use the supporting document SD29(1) Body map to show the location and size of the injury. The investigating officer may ask you to produce this along with your report at a later date or they may ask you for further information. 

5.12.3 Arrange to call into the Bluebird Care Isle of Wight office the same day to provide the signed report and accompanying documents. Do not use public postal systems to deliver your report. If you are unable to hand-deliver your report, seek advice from your manager.

5.13 Duty towards adults at risk who Bluebird Care Isle of Wight is not contracted to provide care for. 

5.13.1 The very nature of care at home means that care experts have privileged access to individuals, their family, friends and acquaintances. There may be occasions (examples of which are provided in induction training and in refresher training) whereby you suspect or witness abuse against an adult visiting/occupying the individual's home (an adult who may have care and support needs themselves) who Bluebird Care Isle of Wight is not contracted to provide care for. Bluebird Care Isle of Wight.

5.13.2 Bluebird Care Isle of Wight believe, in order to protect individuals who are at greater risk of abuse and neglect, that the business must extend professional vigilance, act on its moral obligations and alert the local authority to safeguarding matters concerning those Bluebird Care Isle of Wight does not serve.

5.13.3 Should you suspect or witness maltreatment of adults you are not contracted to care for, report your concerns immediately to your line manager who will alert the relevant authority. Refer to SD29(4) in the event you are unable to contact your manager. Seek advice and guidance on recording procedures from the authority you contacted.

5.14 Manager responsibilities

5.14.1 Managers and other senior staff are in a key position to prevent abuse occurring and to empower the person at risk to take action where concerns arise. Safeguarding Lead contact details for Bluebird Care Isle of Wight are located below:

Safeguarding Lead Details

Name: Jackie Bates

Position: Registering Manager

Contact details: 01983 526776

5.14.2 Franchise Partners and managers have a legal responsibility to:

  • Make arrangements to safeguard the people who use their services against abuse or neglect
  • Ensure that all staff are trained to fully understand the types of abuse and harm that adults at risk may be exposed to, their responsibilities and their duty to report allegations or suspicions of abuse/neglect.
  • Provide management support at all times that the service is being delivered.
  • Prioritise safeguarding concerns and report without delay.
  • Be aware of how to make referrals to the statutory safeguarding leads in your areas.
  • Co-operate with and participate in multi-agency forums to protect adults at risk of abuse.
  • Share information concerning an adult at risk in accordance with the Data Protection Act 2018.
  • Make the dignity, privacy and safety of individuals paramount. Respect their choices as far as possible and only take action that is in their best interests.
  • Keep written records of any allegation of abuse, neglect or other harm, and of the action taken in response.
  • Assess potential risks to individuals in instances when an employee has behaved in such a way that did not involve a child/young person or an ‘adult at risk,’ but indicated, nevertheless, that risk may be posed to vulnerable persons by a person in a position of trust.

5.15 Other Notifications and referrals

5.15.1 Office of the Public Guardian:

  • If the safeguarding allegation is about someone who has power of attorney or is a court-appointed deputy under the Mental Capacity Act 2005, Bluebird Care Isle of Wight will inform the Office of the Public Guardian (OPG). They manage the register of attorneys and court-appointed deputies. They will investigate reported safeguarding concerns on behalf of the Public Guardian.

5.15.2 Insurance company:

  • Bluebird Care Isle of Wight will advise their insurance company in line with the requirements of its policy.
  • See safeguarding guidance Appendix 1 for information about the safeguarding process and role of the local authority. Once a referral has been made, it is for local safeguarding teams to decide whether there is a safeguarding issue and whether or not the matter requires their investigation.
  • They may decide that the issue could be more appropriately dealt with through other routes including regulation and quality improvement processes, company complaints procedures or employment law. It is of vital importance that Bluebird Care Isle of Wight has up to date copies of the multi-agency policies and procedures for their area and that staff are familiar with these local arrangements.

5.16 Record Keeping

5.16.1  Bluebird Care Isle of Wight will record all details of the alleged abuse, the actions that were taken and the outcomes. The record must include a chronology of the allegation/incident; persons involved; dates; times, who was consulted, why and when and any other additional information. The records must be a factual account and include what was said/observed, by whom, when and how (e.g. by phone, by letter, face to face). Where requested, present the Bluebird Care Isle of Wight record along with, where applicable, the signed report and accompanying documents hand-delivered by the employee, to the local authority/police.

5.16.3 Records relating to substantiated allegations against employees must be kept in their personnel file at least until they reach normal retirement age, or for 10 years if that is longer. Keep concerns relating to an employee’s behaviour around adults at risk in their employee file. Details of allegations that are found to be malicious should be removed from the employee file and destroyed immediately. 

5.16.4 Records for adults at risk must be kept or disposed of following the General Data Protection Regulation 2016 and the Data Protection Act 2018. Information relating to adult safeguarding concerns and referrals must not be kept in a concerns and complaints folder/filing system. Separate safeguarding concerns and referral information from the individual's general records. Bluebird Care Isle of Wight will seek advice from the local authority/care regulator with regard to timescales for the retention of safeguarding records for adults at risk. Retention periods may differ according to circumstance. When the retention period is over, safeguarding records relating to the adult at risk should be shredded or incinerated in the presence of the care manager or franchise owner. Alternatively, a specialist company can be employed to destroy confidential material.

5.16.5 In line with Regulation 20 of the (Regulated Activities) Regulations 2014 - professional requirements for candour in the practice of a regulated activity - managers must ensure, where an individual has come to harm by the provision of service, that the individual and their families (where applicable) are informed of the fact and an appropriate remedy offered, regardless of whether a complaint has been made or enquiries made. 

6.1 All colleagues must have a full understanding of this policy, with a strong emphasis on identifying safeguarding concerns and the reporting of those concerns to the relevant people. All employees who deliver care in their job role, including those in management positions, must receive CPD certified Safeguarding Adults e-learning on a minimum of an annual basis. The Safeguarding Lead must receive CPD certified Safeguarding Adults for Managers and Safeguarding Leads e-learning

6.2 Every new staff member receives comprehensive induction training in line with guidance and standards produced by social and healthcare workforce development organisations and the local Safeguarding authority training policies and guidance.

BBCE30 Safeguarding Children (England) Policy

1.1 Bluebird Care Isle of Wight believes that the safeguarding and protection of children and young people is everyone’s responsibility. This policy sets out the Bluebird Care Isle of Wight approach to safeguarding and promoting the welfare of children and young people.

1.2 The terms ‘children and young people will be used throughout this policy to refer to individuals up to the age of 18.

1.3 All staff who come into contact with children and young people have an important role to play in keeping them safe. This means:

  • Protecting children from maltreatment;
  • Preventing impairment of children’s health or development; 
  • Ensuring that children are growing up in circumstances consistent with the provision of safe and effective care; and
  • Taking action to enable children in need to have the best life chances.

2.1 This policy applies to all children and young people, regardless of their characteristics or funding arrangements, and to all staff. Bluebird Care Isle of Wight recognises that its duty to protect children and young people does not rely solely on contractual status. In any event, where there are concerns regarding an individual whom employees have come into contact with during their contracted duties, Bluebird Care Isle of Wight will respond in accordance with local and national guidelines. 

2.2 Forms of abuse and neglect, extrafamilial threats and high-risk behaviours are interpreted in the attached appendices for staff, children and young people, and their families. Bluebird Care Isle of Wight make clear, throughout this policy, employer and employee duty to protect and promote the welfare of children and young people.

3.1 This policy is issued to Bluebird Care Isle of Wight staff, along with relevant learning materials distributed during induction and refresher training, to enable them to:

  • Provide safe and effective care and support that puts the needs of the child first;
  • Recognise the differing types of abuse and harm including newer threats to children and young people e.g. Child Criminal Exploitation (CCE)
  • Respond in accordance with local and national guidelines when faced with suspicions/allegations of abuse/neglect of a child/young person.
  • Reduce harm coming to children threatening or presenting high-risk behaviours;
  • Understand the role of early intervention services in supporting children/young people and their families.

Strategies adopted to promote the welfare of children and to protect them from harm

4.1 Safeguarding is not only about recognising and responding to cases of abuse and other child protection issues. It is about making sure that children are safe from the outset. 

4.1.1 Bluebird Care Isle of Wight follow rigorous recruitment procedures to make sure that all of its employees are suitable to work with children (see ‘Recruitment procedure BBC57’). Staff employed by Bluebird Care Isle of Wight are issued job descriptions and employment contracts which clearly outline their duty to report and safeguard children. The duty to report and safeguard children is reinforced during induction and refresher training. Staff must not wait for support and supervision to report/discuss safeguarding concerns but do so without delay, as they arise.

4.1.2 Bluebird Care Isle of Wight aim to identify the likelihood or probability of harm coming to a child/young person during an assessment of risk, before service commencement. Risk assessments help staff to determine what action they should take to keep children and young people as safe as they possibly can be. Risk assessments are continually reviewed by senior members of staff to ensure new hazards and risks are identified and the least restrictive control measures are implemented.

4.1.3 Effective safeguarding practice relies on professionals being able to identify, early on, children and families who may benefit from intervention. In accordance with the statutory guidance, 'Working Together to Safeguard Children (2018), Bluebird Care Isle of Wight staff are trained to be alert to the potential need for early help for a child/young person who:

  • Is disabled and has specific additional needs 
  • Has special educational needs (whether or not they have a statutory Education, Health and Care Plan) 
  • Is a young carer 
  • Is showing signs of being drawn in to anti-social or criminal behaviour, including gang involvement and association with organised crime groups
  • Is frequently missing/goes missing from care or from home 
  • Is at risk of modern slavery, trafficking or exploitation 
  • Is at risk of being radicalised or exploited 
  • Is in a family circumstance presenting challenges for the child, such as drug and alcohol misuse, adult mental health issues and domestic abuse
  • Is misusing drugs or alcohol themselves 
  • Has returned home to their family from care 
  • Is a privately fostered child 

Statutory guidance highlights the importance of providing early help, rather than waiting until a child or family’s situation escalates. Where required, Bluebird Care Isle of Wight will support families in accessing early intervention services.

4.1.4 ‘Contextual Safeguarding’ recognises that young people experience harm beyond their families (extrafamilial) and that the different relationships which young people form in their communities, schools/colleges and online can feature violence and abuse. Bluebird Care Isle of Wight is committed to working with local authorities/agencies to disrupt or limit harmful extrafamilial contexts.

4.1.5 Bluebird Care Isle of Wight adhere to statutory requirements in giving children clear information about their service and what to do if they have any concerns or a complaint. Children/young people and their families, or anyone acting on the behalf of a child/young person or their family, is entitled to complain to management about any aspect of the service received. The Compliments, Complaints and Concerns policy (BBC35) explains how, and with whom, they can share their concerns and complaints. Details for escalating concerns and complaints externally are contained in the same policy.

4.1.6 Everyone’s needs are different and personal to them. Bluebird Care Isle of Wight develop a care and support plan for each child that focuses on their individual goals, needs and views - on outcomes that help them achieve positive well-being (see ‘Care and support plan’ guidance BBC05). Bluebird Care Isle of Wight will regularly seek the views of children and young people using the service to ensure that they are satisfied with the service provision and that it continues to meet their needs.

4.1.7 Bluebird Care Isle of Wight understand that parents have vital and unique knowledge about their child’s needs. Staff will seek to build a positive relationship with parents, and, where appropriate, look to them to inform their practice.

4.1.8 Bluebird Care Isle of Wight staff understand that disabled children are at greater risk of abuse and neglect and that factors such as physical disability, chronic illness, sensory impairment, learning or communication difficulties, can increase their vulnerability.

4.1.9 Bluebird Care Isle of Wight include policy statements in the ‘Customer Guide’ issued to children/young people and their families/carers. These contain information that will help to inform the individual and their families/carers on child protection matters. Guides are available in alternative formats to meet the specific communication needs of all individuals.

4.1.10 Staff are trained to respect the diversity, dignity, privacy and wishes of children and young people when providing care and support. For example, respecting their identity, personal values, preferences, decisions and indecisions. Staff are also trained not to overlook risks to children and young people based on cultural sensitivity.

4.1.11 Bluebird Care Isle of Wight ensure all staff, including managers, have the required knowledge, skills and confidence to carry out their role effectively through the provision of induction and annual safeguarding children refresher training. 

4.1.12 Specific procedures for minimising risk whilst delivering care and for reporting concerns are set out in our range of policies, for example; Medication Administration BBC18 and Moving and Positioning BBC20.

4.1.13 Bluebird Care Isle of Wight do not take photographs, videos, or voice recordings of children/young people without the express permission of the parent(s) and child/young person. Multimedia may be used, for example, to create digital person-centred care plans, to support a child/young person with curriculum tasks or with building a communication passport. In the first instance, Bluebird Care Isle of Wight will request that the multimedia required is sourced by the child/young person/their representative and remains in their possession. Where the multimedia cannot be sourced by the child/young person/their representative, arrangements can be made to support individuals, using Bluebird Care Isle of Wight owned devices. Multimedia identifying a child/young person must not be stored on unencrypted portable equipment. Bluebird Care Isle of Wight staff are not permitted to use their own personal devices to take photos or recordings of children/young people. 

4.1.14 Bluebird Care Isle of Wight will only use restraint if it is reasonable, proportionate, the least restrictive intervention and in the child’s best interests. This will always be agreed upon with the child’s parents/carers/other professionals and documented in the child’s care plan.

4.1.15 Bluebird Care Isle of Wight will support children/young people to report abuse and or neglect (historical or contemporary) and to be involved in the safeguarding process as far as they are able.

4.2.16 Where a child/young person presents or threatens high-risk behaviours e.g. self-harming, misuse of alcohol and drugs, Bluebird Care Isle of Wight will take steps to ensure the child/young person receives the early help they need. This can involve liaison with their family, social services teams and or referrals to specialist services.  

4.1.17 Bluebird Care Isle of Wight has clear reporting procedures enabling staff to refer to the relevant authorities and to share information in accordance with the law with those authorities where a child is considered at risk of harm. 

4.1.18 Staff are required to report any concerns they have about abusive practice in line with the Whistleblowing Policy BBC59 and are made aware of their rights set out in the Public Interest Disclosure Act 1998. The Whistleblowing Policy reflects the principles in Sir Robert Francis’s Freedom to Speak Up review and is issued to staff during induction. Whistleblowing practice is promoted throughout employment. 

4.1.19 Bluebird Care Isle of Wight accepts collective responsibility for local safeguarding arrangements; actively works with other organisations to protect children within the local multi-agency framework.

4.1.20 Bluebird Care Isle of Wight take into account that the Covid-19 pandemic increases the vulnerability of some children. Bluebird Care Isle of Wight follow Government guidelines produced to support providers to work safely with children and their families during the pandemic. Our existing duties concerning safeguarding remain unchanged, where there is a risk to a child, we will act in accordance with local and national guidelines.

Sharing information

4.2 Bluebird Care Isle of Wight respects the rights of the children and young people they provide care for, to decide what information is shared about them. However, early sharing of information concerning the welfare of a child/young person, and working with other professionals, is essential to safeguard children and protect them from abuse, neglect, exploitation and risk-taking behaviours.

4.3 Bluebird Care Isle of Wight asks the children and young people they provide care for /their parent(s)/carers to sign a privacy statement when the service commences, allowing it to share information with the Local Authority and or their key partners where necessary – who, like Bluebird Care Isle of Wight, are responsible for supporting and protecting children and young people. Employees advise children/young people and others who provide them with information that raises safeguarding concerns, that the information will be passed on to their manager who will refer to the relevant authority where necessary. 

4.4 Relevant authorities include but are not limited to:

  • Local Authority (Children Services/Safeguarding Partners)
  • Police
  • NHS Community and other provider trusts 

4.5 Bluebird Care Isle of Wight also obtain a signed agreement from the parent(s) of each child allowing it to seek medical treatment in an emergency.

4.6 To protect children and young people we will only share information:

  • When there is a clear and legitimate purpose,
  • Where Bluebird Care Isle of Wight have their consent and/or the consent of the parent (unless to gain consent would place the child/young person at further risk),
  • When a criminal offence has/will be committed,
  • On a ‘need to know’ basis with the relevant authorities; and securely.

4.7 The Data Protection Act 2018 includes ‘safeguarding of children and individuals at risk’ as a condition that allows practitioners to share information without consent. Bluebird Care Isle of Wight will always share information with the relevant authority promptly to avoid unjustified delays in making enquiries about allegations of abuse. Reports and the information that is shared will clearly distinguish the facts from opinions.

Care assistant responsibilities

5.1 Care assistants are in a key position to prevent abuse/neglect from occurring and to empower the child/young person at risk to take action where concerns arise. Your role is to: 

  • Recognise when there is a safeguarding concern; 
  • Reassure the child/young person and make sure that they are in no immediate danger; 
  • Report the concerns without delay, 
  • Record what has happened. 

Recognising potential abuse

5.2.1 Make sure that you are aware of the types of abuse/neglect and the possible signs and symptoms (see appendix 1 and refer to learning material provided during training sessions);
5.2.2 Always be vigilant for signs of abuse/neglect. Avoid jumping to conclusions. Maintain professional curiosity;
5.2.3 If you have concerns but are unsure whether or not they are safeguarding related, always report to and seek advice and guidance from your manager. Do not wait for support and supervision to report safeguarding concerns.

Reassuring the child

5.3.1 You may receive information about a safeguarding matter from:

  • Something you have seen such as bruises, marks or a change in a child’s behaviour;
  • A child who either makes a direct allegation or makes a comment that may suggest they are being abused;
  • Something about an adult’s behaviour that suggests that they may not be a suitable person to care for the child;
  • Information from another professional such as a district nurse. Perhaps a friend, neighbour or relative of the child.

5.3.2 If a child makes an allegation of abuse, be sensitive and supportive so that they feel safe to tell you about their concerns. It is usually very difficult for a child to disclose that they are being or have been abused. 

5.3.3 Reassure the child that you are taking them seriously and that they have done the right thing in sharing their concerns with you. Listen carefully to what they are saying. Remember, a young child may not have the vocabulary to clearly explain what is distressing them. Stay calm and get a clear and factual picture of their concerns.  Do not be judgmental and try to keep an open mind. Allow the child to speak for as long as they want to.

5.3.4 Clarify the information the child/young person has provided. Never ask leading questions or try and investigate the matter. This is the responsibility of the children’s social care team or the police.

5.3.5 Never promise to keep allegations a secret. Explain that you will need to tell others. Do not make assurances that you are not able to keep. Tell the child what you will do next and with whom you will share the information. 

5.3.6 Make sure that the child is comfortable and is in no immediate danger (see ‘reporting concerns’ below).

5.3.7 If a child/young person, family member, professional or member of the public shares concerns about a child’s safety, you must never ask them to make a self-referral to the local authority or police.

Reporting concerns

5.4.1 If you see or hear something that suggests that a child has been, or might be at risk from abuse, you must report this to your line manager or the on-call manager immediately, or if this is not possible, within 2 hours. If the allegations relate to the manager, report to the franchise owner directly. If it relates to the franchise owner report the matter directly to the local authority children’s social care team. If you are unable to contact a senior member of staff report the matter directly to the local authority children’s social care team. Concerns about a child at risk of abuse or neglect outside office hours should be reported to the Local Authority out of hours team (also known as the emergency duty team).

5.4.2 If the situation indicates the need for urgent medical attention, contact an ambulance immediately. Or if there is a risk of immediate harm contact the police.

5.4.3 If you believe that a criminal offence may have been committed, and you are unable to speak to your manager immediately, contact the police. Be careful not to disturb any evidence. The police will be able to advise what action you may need to take to preserve evidence. 

5.4.4 Employees who report child safeguarding concerns are protected under the Public Interest Disclosure Act 1998 (see our Whistleblowing Policy BBC59).

5.4.5 Never discuss the safeguarding concerns with the alleged perpetrator or others (except for those noted above). 

5.5 See appendix 2 for a list of Authorities/Persons to report to in the event you are unable to make contact with management/franchise owners.

 

Recording

5.6.1 Make an accurate and factual record of exactly what you have heard or seen straight away. Describe allegations using the child’s own words as far as possible. Avoid using emotive language, judgements or interpretations.

5.6.2 Note names, dates and times. Include details of any witnesses who may have heard, seen or noticed the allegation or behaviour.

5.6.3 Record what you did, who you reported the matter to, the time you reported it and any response.

5.6.4 If you have observed evidence of physical injuries such as bruising when carrying out your normal care, use the supporting document SD29(1) Body map to show the location and size of the injury. The investigating officer may ask you to produce these notes at a later date or they may ask you for further information.

5.6.5 Arrange to call into the Bluebird Care Isle of Wight office the same day to provide a signed report. Make sure that you have already shared the content of your report by phone at the time that you received the information. Do not use public postal systems to deliver your report. If you are unable to hand-deliver your report, seek advice from your manager. 

5.7 Duty towards children/young people who Bluebird Care Isle of Wight is not contracted to provide care for. The very nature of care at home means that staff have privileged access to children/young people, their family, friends and acquaintances. There may be occasions (examples of which are provided in induction training and refresher training) whereby you suspect or witness abuse against a child visiting/occupying an individual’s home, who Bluebird Care Isle of Wight is not contracted to provide care for. Bluebird Care Isle of Wight believe that in order to protect individuals who are at greater risk of abuse and neglect, it must extend professional vigilance, act on its moral obligations and alert the local authority to child protection matters concerning those Bluebird Care Isle of Wight does not serve. Should you suspect or witness maltreatment of children you are not contracted to care for, report your concerns immediately to your line manager who will alert the relevant authority. Refer to appendix 2 in the event you are unable to make contact with your manager. Seek advice and guidance on recording procedures from the authority you contacted.

5.8 Staff are expected to co-operate with any enquiries carried out by the police or the local authority children’s social care team. You may be asked to contribute to their investigation at any time.

5.8.1 Should you identify a child who is at risk of putting themselves into dangerous situations, of self-harming or of attempting suicide, you must report your concerns immediately to your line manager or the on-call manager. They will consult with the child’s family where appropriate and, where necessary, support the child/their family to access early intervention services.

5.8.2 In the event a child/young person has caused life-threatening injury to themselves or is suicidal, call an ambulance. Report the incident to your line manager/on-call manager once the child has been treated by ambulance staff. You will be offered practical and emotional support from your manager during this stressful time.

Manager’s Responsibilities 

5.9 Managers and other senior staff are in a key position to prevent abuse occurring and to empower the person at risk to take action where concerns arise. Safeguarding Lead contact details for Bluebird

Care Isle of Wight are located towards the end of this policy at 5.32

5.10 Franchise owners and managers have a legal responsibility to:

5.10.1 Make arrangements to safeguard the people who use their services against abuse or neglect;

5.10.2 Ensure that all employees are trained to fully understand the types of abuse and harm that children and young people may be exposed to, their responsibilities and their duty to report allegations or suspicions of abuse/neglect without delay;

5.10.3 Provide management support at all times for the service being delivered;

5.10.4 Prioritise safeguarding concerns and report to the relevant authorities without delay;

5.10.5 Be aware of how to make referrals to the statutory safeguarding leads in your areas;

5.10.6 Co-operate with and participate in multi-agency forums to protect children at risk of abuse. 

5.10.7 Refer to the latest HM Government guide on sharing information in a safeguarding context, available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/721581/Information_sharing_advice_practitioners_safeguarding_services.pdf(link is external) 

5.10.8 Keep written records of any allegation of abuse, neglect or other harm, and of the action taken in response.

Receiving an alert

5.11 In the event of receiving a direct disclosure from a child, their parent(s)/carers or others (except employees) during your field/office work activities, follow procedures set out in Care assistant responsibilities at 5.1.

5.12 Where the abuse or neglect of a child is reported by a care assistant, provide practical and emotional support and where appropriate advise them of:

  • Their protection under Whistleblowing law (see Whistleblowing procedure BBC59 for further guidance);
  • What will happen next and how they will be kept informed of the outcome.

 

5.13 You will need to clarify and understand the nature of any concerns received regarding a child in order to decide what action you need to take and whether to refer the matter to the local authority.

5.14 The interests of the child/young person must be the overriding consideration before the child or parental consent to report safeguarding concerns is sought. Do not raise matters directly with the alleged perpetrator (for example a child’s relative or friend) as this may contaminate any evidence. Where the alleged perpetrator is an employee seek advice from the Local Authority and act on guidance given below (see allegations against Bluebird Care Isle of Wight employees at 5.22).

Notification and referrals

Local authority children’s social care

5.15 Regardless of who the perpetrator is, refer the matter to the local authority children’s social care team in which the child is resident immediately or within 4 hours. They will be able to advise on whether the matter should be reported to the police. 

5.16 Where it is suspected/alleged that a child is at risk from extremist narratives or being radicalised, managers should inform the local authority/children’s services team and supply them with a copy of any recorded observations. Managers and franchise owners must familiarise themselves with local arrangements for implementing the Prevent strategy (a strand of CONTEST, the Government’s counter-terrorism strategy). Key personnel, processes for raising concerns and practical guidance on how to make a referral, may differ by region. Franchise owners and managers must familiarise themselves with local Prevent Duty arrangements. Co-operate with any enquiries carried out by the police or the children’s social care department of the local authority children’s social care.

5.17 Currently, there is a lack of statutory guidance on dealing with abuse outside the family (extrafamilial abuse). Some local areas are developing their own approaches to managing risks outside the family. Managers should ensure they are aware of local procedures and report concerns of this nature to designated teams in their local area. Where possible, consent should be obtained from the child and their family. Managers must not delay reporting concerns of this nature in the absence of local procedures for extrafamilial abuse. If in doubt, share your concerns with the local authority (children’s social services – Early Help Team). The Children’s Act 1989 requires local authorities to make enquiries if they believe a child has suffered or is likely to suffer, significant harm. The duty to enquire applies equally to risks outside the family. Early Help/Intervention is consent-based and requests for early help should be, where possible, with the agreement of the child and their family.

5.18 Where it is reported that a child/young person is threatening or presenting self-harming behaviour, they should be supported to access services that will assist them with coping strategies and recovery opportunities. Ensure the child is in no immediate danger before, where appropriate, consulting their family. Families may be aware of the behaviour but may not know how to support the child/young person/know where or how to access help. Where appropriate, you should signpost parents to the child’s GP or children’s social services to seek support for their child. They may refer the child to Child and Adolescent Mental Health Services (CAMHS). Record discussions you have had with parents and follow up on action they have taken. If no action has been taken, and the child continues to threaten or present self-harming behaviour, offer to support the child, and or parents, with accessing involved health or social care professionals. For a CAHMS referral, it is usual to obtain the consent of the child and their parent. 

N.B. Most CAHMS have their own website, which will contain information about access and referral processes in the local area.

Regulator for social care:

5.19 You must notify the regulator of abuse or allegations of abuse where people using the service are victims, perpetrators or both. Notify the regulator for social care using the forms on their web site:

  • Care Quality Commission (England): Without delay/within 24 hours in writing

Insurance company:

5.20 Advise your insurance company in line with the requirements of the Bluebird Care Isle of Wight policy.

5.21 Once a referral has been made, it is for the local authority children’s social care team to decide whether there is a child protection issue and whether or not the matter requires their investigation. They may decide that the matter could be more appropriately dealt with through other routes including regulation and quality improvement processes, company complaints procedures or employment law. It is of vital importance that Bluebird Care Isle of Wight has up to date copies of the multi-agency policies and procedures for its area and that staff are familiar with these local arrangements.

Allegations against Bluebird Care employees

5.22 If the alleged perpetrator is an employee you may need to suspend that employee on full pay pending an investigation (following the procedure in the Disciplinary and Capability Policy BBC51). This does not imply that any misconduct has taken place. It is a neutral act that will only be used when the continued presence of the employee may:

  • Be detrimental to the conduct of the investigation;
  • Compromise the employee or Bluebird Care;
  • Present an unacceptable risk to children or other individuals.

5.23 To determine whether this is necessary you may need to carry out an initial check of paper/electronic records such as care plans and staff rotas, to ascertain, for example, if the alleged perpetrator and child were together/alone at the times of the alleged incidents.

5.24 If you need to suspend an employee, follow the guidance set out in the Disciplinary Procedure BBC51 and take HR advice if necessary. This will be a stressful time for the employee so consider what support they may need. 

5.25 Any employee who abuses a child should be subject to disciplinary action in accordance with  Bluebird Care’s Disciplinary Policy and Procedure.

5.26 If allegations against a member of staff are substantiated and the person has either been removed from their role, or they would have been had they not left of their own volition then you must refer to the Disclosure and Barring Service (DBS). Guidance on this can be found here(link is external).

5.27 Across the UK, Social Care Councils have been set up to regulate the social care workforce and act as a guardian for standards in social care.  If the finding is that the employee has harmed the child, you should refer them to the relevant professional body even if they are not currently registered as it may prevent them from being registered in the future: 

  • Nursing Midwifery Council (NMC) 
  • The Health and Care Professions Council (HPC)

Records

5.28 Record all details of the alleged abuse, the actions that you took and the outcomes. The record must include a chronology of the allegation/incident; persons involved (including any witnesses to an event), dates; times, who was consulted, why and when and any other additional information. The record must be a factual account and include what was said/observed, by whom, when and how (e.g. by phone, by letter, face to face). Include information on any further action taken e.g. referral to the Local Authority or police. If relevant, state why the matter was not referred to a statutory agency. 

5.29 Records relating to substantiated allegations against employees must be retained at least until the employee has reached normal retirement age, or for a period of 10 years from the date of the allegation if that is longer (IRMS 2016; Department for Education, 2018). Keep concerns relating to an employee’s behaviour around children and young people in their employee file. Details of allegations that are found to be malicious should be removed from the employee file and destroyed immediately. 

5.30 Records for children and young people must be kept or disposed of in accordance with the Data Protection Act 2018. Information relating to child safeguarding concerns and referrals must not be kept in a concerns and complaints folder/filing system. Separate safeguarding concerns and referral information from the child/young person’s general records.  Seek advice from the Local Authority/care regulator with regard to timescales for the retention of safeguarding records for children/young people. Retention periods may differ according to circumstance. When the retention period is over, records relating to the child/young person should be shredded or incinerated in the presence of the care manager or franchise owner. Alternatively, a specialist company can be employed to destroy confidential material. Click here(link is external) for further information on child protection records, retention and storage guidelines.

5.31 In line with Regulation 20 of the (Regulated Activities) Regulations 2014 - professional requirements for candour in the practice of a regulated activity - managers must ensure, where a child/young person has come to harm by the provision of service, that the child/young person and their families (where applicable) are informed of the fact and an appropriate remedy offered, regardless of whether a complaint has been made or enquiries made.

Safeguarding Lead Contact Details

5.32 Helena John is the Safeguarding Lead for Bluebird Care Isle of Wight and can be contacted either at the office on 01983 526776, or by email isleofwight@bluebirdcare.co.uk.

6.1 All employees must have a full understanding of this policy, with a strong emphasis on identifying safeguarding concerns and the reporting of those concerns to the relevant people. All employees who deliver care in their job role, including those in management positions, must receive training in Safeguarding Children on a minimum of an annual basis.

7.1 This policy will be reviewed on a minimal 2 yearly basis, or as and when required.

8.1 The following are applicable legislation, regulation and relevant documentation applicable to this policy:

  • Children Act (1989 and 2004),  
  • Children and Social Work Act 2017, 
  • Equality Act 2010, 
  • Human Rights Act 1998, 
  • United Nations Convention on the Rights of the Child,
  • Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 and (Regulated Activities) (Amendment) Regulations 2015. 
  • Counter-Terrorism and Security Act 2015
  • The Young Carers' (Need Assessment) Regulations 2015 
  • Chronically Sick and Disabled Persons Act (CSDPA) 1970 
  • Children and Social Work Act 2017
  • Female Genital Mutilation Act 2003
  • Children and Young Persons Act 1933
  • Serious Crime Act 2015
  • Adoption and Children's Act 2002
  • Digital Economy Act 2017
  • Modern Slavery Act 2015
  • United Nations Convention Rights of the Child 1989
  • The Sexual Offences Act 2003
  • The Police Act 1997
  • The Care Act 2014
  • Public Interest Disclosure Act 1998
  • Safeguarding Vulnerable Groups Act 2006
  • Data Protection Act 2018 

8.2 It also takes account of the statutory guidance, Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children (2018). 

8.3 Where it is necessary to prevent harm, Bluebird Care Isle of Wight will share information with the relevant authorities in line with the Revised Prevent Duty guidance for England and Wales, Caldicott principles of good practice, the HM Government guidance Information sharing - Advice for practitioners providing safeguarding services to children, young people, parents and carers (July 2018), Data Protection Act 2018, Protection of Freedoms Act 2012, and the Safeguarding Vulnerable Groups Act 2006.

8.4 Where there is reasonable cause to suspect a child/young person is at risk of harm, health and social care professionals are advised to inform their local authority (Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children (2018). Known cases of Female Genital Mutilation (FGM) in under 18s must be reported to the police (Section 5b of the Female Genital Mutilation Act 2003).  

8.5 Each local authority children’s social care team has its own multi-agency policy and procedures. It is of vital importance that Bluebird Care Isle of Wight has up to date copies of the multi-agency policies and procedures for their area and that employees are familiar with these local arrangements.