Safeguarding Policy │ Blue Elephant Childcare Devon

1.1 Introduction

Blue Elephant Childcare places the young people at the very centre of everything it does and aims to do, towards this end ‘safeguarding’ of our young people is of paramount importance and ‘safeguarding’ should be at the forefront of every staff member thought when planning, interacting or observing our young people.

Safeguarding is best achieved when everyone from every agency works together sharing information and concerns openly and professionally. Local safeguarding procedures are available online at (https://www.proceduresonline.com/swcpp/ target: _blank) this is a gateway page which enables you to click on and obtain each individual safeguarding boards individual policy and procedures. It is important to have a general understanding of safeguarding, and your basic safeguarding training will give this in a generic way; however, it is important that you are familiar with the local procedure for each young person in your care and this is where this gateway becomes most useful.

This policy is shared with all new staff before they join us via pre-induction safeguarding training. This training is completed before new staff come to their Head Office induction on their first day of employment.

This training consists of:

Reading the Safeguarding Policy and complete a quiz
Completing online Safeguarding training
Completing Online PREVENT training

On their first day of employment, staff receive face to face Operational Safeguarding training, they will then receive Safeguarding Level 2 face to face before they complete probation. Online Safeguarding training is completed annually, and Safeguarding Level 2 is completed every 2 years.

This policy can be found on the Policy and Procedure file on SharePoint and on our website.

1.2 Statement of Intent

Blue Elephant Childcare are committed to the safeguarding of all young people and particularly those within its direct care. The young people who are resident within a Blue Elephant children’s home or are receiving services directly from Blue Elephant staff will have such service delivered by staff who are trained to understand the signs and symptoms of abuse, who understand the procedures they must follow if they suspect abuse and are committed to the safe and positive care of our young people.

The following elements and principles are important in our safeguarding of the young people in our care.

The welfare of the child or young person is paramount
Every child and young person, without exception have the right to protection from abuse regardless of their gender, race, religion, colour, age, disability or sexual orientation.
The policy and procedures follow and refer to the current legislation, policy and guidance as available.
The whole organisation including the directors agree and support this policy.
This policy applies to every member of staff, volunteer, visitors and directors of the company.
The company has in place a procedure to review this and all policies and procedures.
Every young person, their parents or carers, social workers and guardians, are to be informed of the policy and procedure as appropriate.
All concerns and allegations will be taken seriously by the company and action taken in line with this policy. This may include where necessary, making a referral to the Local Authority Designated Officer (LADO) and the police.
Blue Elephant are committed to safer recruitment, including the selection, vetting and recruitment of all staff and volunteers.
This policy is part of a group of policies designed to keep the young person safe and to promote the children and young person’s welfare. These include but are not restricted to the following.
Countering bullying
Behaviour management
Children who self-harm
Whistle blowing & making protected disclosures
The use of physical intervention
PREVENT

(Please note that all Blue Elephant policies and procedures are written with the safeguarding of children and young people at the forefront of the author’s thoughts.)

The importance of positive touch

Physical touch forms an important element of ‘responsive care’ and should be considered carefully in line with each individual child’s risk assessment and behaviour support plan. When supporting children who have experienced trauma or adverse childhood experiences, physical touch should still be part of a child’s care but be provided in a way that ensures both the child and adult are safe. It is also important to consider that denying a child the opportunity of positive, appropriate touch could compound feelings of rejection for the child.

Positive touch not only promotes a child’s social and emotional development but is also a highly effective and powerful method of non-verbal communication, is key to the development of healthy relationships and a method of stress relief. It can be used to:

Show acceptance
Provide reassurance
Demonstrate affection
Calm and provide comfort
Emphasise the spoken word
Provide sensory support
Deliver various therapy programmes
Offer an alternative to spoken communication
Remove a child from danger or keep a child safe

When appropriate touch is not encouraged, as often happens, then all touch has the potential to become sexualised. Children don’t learn to distinguish between appropriate and inappropriate touch. They miss out on a whole range of valuable touch experiences – friendly, nurturing, reassuring, comforting and healing. We should be instilling a sense of what appropriate touch is.

Research has shown that positive touch is beneficial for early bonding, stress reduction, and state regulation (Harrison, 2001); it also can improve attentiveness and sleep problems in some children with autism (Escalona, Field, Singer-Strunck, Cullen, & Hartshorn, 2001 Cullen LA, Barlow JH, Cushway D. 2005). For children with delays and disabilities, positive touch has been used effectively to enhance caregiver-child interactions and increase the child’s comfort (Pardew & Bunse, 2005). Field, T (2010) explored the importance of ‘Touch for socioemotional and physical well-being’.

Due to their history, some children may need to be supported to understand the importance of personal space and appropriate touch; the reassurance and human compassion appropriate touch provides should though still be considered for all of our children. Forms of appropriate touch may be welcomed or perceived differently by children according to their age and development. Teenage children may respond to a ‘high five’, fist bump, a reassuring touch to the arm, back or shoulder or a side-to-side hug. It may be appropriate that a child seeks a ‘normal’ hug but this will be as a result of a risk assessment identifying that this is safe practice, and it may only be with adults the child trusts and is very familiar with. This should happen when the hug is observed by another adult if possible. Generally, touch to the side is safe and avoids the risk of unintentional, inappropriate touch, an allegation or the child mis-interpreting the reassurance being provided.

We are seeing an increase in the need to provide care for primary aged children in our homes and the dynamic and importance of physical, nurturing touch may be different for these children. It is considered age appropriate that an adult may hold a young child’s hand when out walking, particularly if this enables the adult to keep the child safe. An adult may also graciously accept a good morning hug from a younger child, have them sat on their lap when they are watching television or playing a game, or if the child is upset or distressed. It may be helpful and reassuring to hug the child when sat beside them on the sofa or offer strokes to the back when supporting the child to sleep, for example. These elements of practice should be set out in the child’s behaviour support plan and, where possible, colleagues should offer cursory supervision to ensure the child and adult are safe.

An important consideration for supporting a primary aged child may be the need to help them wash, bathe and dry themselves. Due to their history, this element of self-care may have been neglected and it will be important for the adult to ‘teach’ the child how to wash and dry themselves and the importance of cleanliness in intimate areas of the body. A child should always be offered to wear a bathing suit at bath time if that is their preference. Adults should consider this an important part of their practice and communicate with colleagues when planning to bathe a child and ensure cursory supervision by a colleague where this is possible. This may be difficult or not possible in some homes where colleagues are busy or out supporting other children, but wherever possible it should be planned to ensure that a colleague is available to provide an element of supervision.

It is vital that staff should always consider the child’s gender, race, disability, and age when using touch as individuals may be used to experiencing different levels or types of touch. An individual’s history may also influence who represents a ‘safe’ adult to them. In addition, some individuals may be used to differing levels of touch as part of their cultural upbringing. All staff have a responsibility to ensure that all practice at Blue Elephant Childcare Ltd is safe, sensitive and appropriate.

Employees and gifts

There may be times, or special occasions, when staff feel that it is appropriate to give a gift to a child, such as to celebrate an achievement or exam, a birthday, anniversary or Christmas. It is acceptable to give our children gifts and reflects the rituals and affection of normal family life. However, the giving of gifts must always be subject to transparency in that the Manager of the home is informed and a record of any such gift is clearly agreed and recorded. Professional diligence in this area avoids the risk of an allegation of 'grooming' by the adult, from colleagues or the children.

Consideration must also be given to the value of any gift; it should not be excessive in value and if there is more than one child in the home, the team should also be mindful of the other young person's feelings and their perceived equality of 'care' and kindness.

Similarly, there may be occasions when a child, or perhaps a parent, gives a present to an adult in the home, as a token of thanks or respect. Whilst such gifts can be graciously received, it is just as important to inform the Manager of the gift received to again ensure transparency and avoid collusion or the risk of any allegation. Gifts from parents or children must never be requested or expected.

Confidentiality and privacy

All of the child's information will be stored securely and all employees must treat the child's information with dignity and respect both within and outside of the working environment. Similarly, all adult's supporting our children must give due regard to the level of their own personal information they share with the child. It is only natural when working closely with the children we support that the children will be curious about us as individuals. Employee's should not share information about themselves, their family or their private lives that would compromise their own security, safety or right to privacy. For example, a child should not have access to an adult's private telephone number, e-mail address or home address.

The only exception to this is that Blue Elephant Directors managing 'Nellies' CIC will share their work mobile telephone numbers with children from our homes who have applied and successfully been interviewed to work at 'Nellies'. Both the children and Directors have given permission for their contact numbers to be shared within a work WhatsApp group, which may also be comprised of care experienced young people/young adults external to Blue Elephant Childcare, for the legitimate and sole purpose of arranging work commitments.

1.3 Designated Safeguarding Personnel

Within Blue Elephant Childcare the designated safeguarding personnel are the Home’s Manager and the DSL/ Responsible Individual and Nominated Individual.

Home Manager

Designated safeguarding lead:
Lucy Squire 07834508124

and Responsible Individuals:
Cera Pudney: 07895119107
Emma Lyall: 07513129765

If neither are available, the nominated individual can act in their stead until they are available to continue the procedures.

Nominated Individual:
Abigail Milton: 07734848268

All incidents or causes for concern must be raised with the above people immediately.

1.4 Responding to allegations or suspicions of abuse

Blue Elephant work predominantly with children and young people from the Southwest peninsula, the local authorities of the Southwest peninsula have a gateway site for their safeguarding procedures which is https://www.proceduresonline.com/swcpp/ each local authority has its own distinct procedures to follow, and staff should make themselves aware of the procedures of the local authority responsible for each of the children and young people they are caring for. (Where this local authority is not part of the Southwest peninsula, they should get their procedures directly from the local authority concerned).

When an initial concern, allegation or incident occurs.

The staff member should clarify in their own minds, without asking questions, if the situation, concern or information presented satisfies the criteria for possible abuse.
If so, the staff member should listen.
They must not.

Show disbelief, shock or horror.
Try to give an interpretation of what is been said to them.
Try and give or suggest information that the child has not offered.
Agree to keep a secret.
Introduce personal experience or the experience of other children.
Make promises that suggest that you can stop the abuse.
Investigate any allegation or ask any probing or leading questions.
(A leading question is one that suggests an answer or prompts a response.)
Assume something that the young person has not told you.

The staff member can:

Say things that show that you are listening.
Say things that reassure.
Ask for clarification about anything that appears vague in its actual meaning.
Ask open questions but only to establish the basic facts, do not investigate.
Say that they know someone who can help.

The staff member should:

Explain to the young person that they will be passing on the information to their line manager and explain what is likely to happen next.
Record accurately exactly what was said and should do this as soon as possible after the event making sure that they record the time of the event and the time the notes were made explaining the difference. Record actual words used and do not summarise or interpret.
Record any actions taken and an explanation as to why such action was taken.
Consult as soon as possible with their line manager (unless the line manager is suspected of involvement in the incident or abuse).
Follow the guidance of the senior staff member they have reported to.

Once the member of staff has reported the matter to their senior, the senior member of staff takes responsibility for the matter and the original staff member should take direction from their manager. As well as reporting an allegation, or safeguarding concern, to a manager or senior, all staff are made aware at induction that they must complete a Safeguarding Concern Form using the link found on the Teams site Safeguarding Concern Form This form enables the adult to also send a record of details of the concern immediately to the DSL, RI’s, Operations Director, Managing Director and the Quality Assurance and Compliance Manager who will ensure that the matter is addressed. This function also provides a central record of all safeguarding concerns identified by the adults.
The senior staff member must report the matter to the designated safeguarding member of staff as soon as is practicable. (Unless that designated staff member is suspected of involvement in the matter in which case the matter should be reported to the DSL/ Responsible Individual and Nominated Individual. If the DSL/ Responsible Individual and Nominated Individual is implicated the matter should be referred to LADO and Ofsted.)
The senior staff member should not investigate; they should only respond to the information offered by the child or young person. See section 1.8 below.
Never mention ‘abuse’ to the child or young person or their parents, if necessary, inform them that the matter has been referred to social services.
Suspicions should be referred the same day by the designated safeguarding member of staff, if it is ‘out of hours’ the duty emergency team should be informed and followed up the next morning. The social worker of the child or young person should be contacted, again if it is ‘out of hours’ EDT should be informed and then followed up the next day. A record of their instructions should be kept including how they were carried out.
Ofsted should be informed, and an NOE completed.

1.5 Definitions of Abuse

Child abuse consists of anything which individuals, institutions or processes do, or fail to do, which directly or indirectly harms children or damages their prospects of a safe and healthy development into adulthood.

There are four main categories of abuse and neglect: Physical Abuse, Emotional Abuse, Sexual Abuse and Neglect. We have also included both Sexual and Criminal Exploitation in this section and female genital mutilation.

CONTEXTUAL SAFEGUARDING

Contextual Safeguarding is an approach to safeguarding that recognises that young people may be at risk of significant harm not only within their own home environment, but also outside it. The traditional safeguarding approach does not consider extra-familial contexts, which has led to cases of abuse and exploitation falling under the radar.

Extra-Familial context include young people’s peer groups, support networks, online contacts, and local community or neighbourhood. Safeguarding concerns in these contexts could consist of harassment or violence from their peers, a risk of grooming - whether online or in person – high levels of crime or gang violence in your local area, missing episodes, radicalisation, trafficking and modern slavery.

Contextual safeguarding approach aims to disrupt harmful extra-familial contexts rather than move young people away from them. Just as with traditional safeguard referring and reporting should be carried out in the same way. Apart from, instead of referring an individual you would make a group referral (to include your young person of concern) to children services.

1.51 Physical Abuse.

Physical abuse is deliberately physically hurting a child. It might take a variety of different forms, including hitting, pinching, shaking, throwing, poisoning, burning or scalding, drowning or suffocating a child.

Physical abuse can happen in any family, but children may be more at risk if their parents have problems with drugs, alcohol and mental health or if they live in a home where domestic abuse happens.

Babies and disabled children also have a higher risk of suffering physical abuse.

Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. Physical abuse can also occur outside of the family environment.

Taken directly from HM Government document ‘What to do if you’re worried a child is being abused – Advice for practitioners’ March 2015

1.52 Emotional Abuse

Emotional abuse is the persistent emotional maltreatment of a child. It is also sometimes called psychological abuse and it can have severe and persistent adverse effects on a child’s emotional development.

Although the effects of emotional abuse might take a long time to be recognisable, practitioners will be able to observe it, for example: In the way that a parent interacts with their child. Emotional abuse may involve deliberately telling a child that they are worthless, or unloved and inadequate. It may include not giving a child opportunity to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate.

Emotional abuse may involve serious bullying – including online bullying through social networks, online games or mobile phones – by a child’s peers.

Taken directly from HM Government document ‘What to do if you’re worried a child is being abused – Advice for practitioners’ March 2015

1.53 Sexual Abuse and Exploitation

Sexual abuse is any sexual activity with a child. You should be aware that many children and young people who are victims of sexual abuse do not recognise themselves as such. A child may not understand what is happening and may not even understand that it is wrong. Sexual abuse can have a long-term impact on mental health.

Sexual abuse may involve physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside clothing. It may include non-contact activities, such as involving children in the production of sexual images, forcing children to look at sexual images or watch sexual activities, encouraging children to behave in sexually inappropriate ways or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Women can commit acts of sexual abuse, as can other children.

Child sexual exploitation is a form of sexual abuse where children are sexually exploited for money, power or status. It can involve violent, humiliating and degrading sexual assaults. In some cases, young people are persuaded or forced into exchanging sexual activity for money, drugs, gifts, affection or status. Consent cannot be given, even where a child may believe they are voluntarily engaging in sexual activity with the person who is exploiting them. Child sexual exploitation doesn't always involve physical contact and can happen online. A significant number of children who are victims of sexual exploitation go missing from home, care and education at some point.

If you worried about online abuse or the way someone has been communicating with you or the children in your care online?

Make a report to one of CEOP's Child Protection Advisors: CEOP

https://www.ceop.police.uk/safety-centre/

1.54 Criminal Exploitation

“Child criminal exploitation is common in county lines and occurs where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18. The victim may have been criminally exploited even if the activity appears consensual. Child criminal exploitation does not always involve physical contact; it can also occur through the use of technology.”

Taken from the Home Office Guidance

Criminal exploitation of children and vulnerable adults: county lines
Updated 7 February 2020

Criminal exploitation often involves ‘county lines and the above guidance is a valuable resource in understanding the connection between the two. The way we react to criminal exploitation is no different to that of any other abuse; However, the signs are often different and sometimes hidden within other behaviours and activities.

A young person’s involvement in county lines activity often leaves signs. A person might exhibit some of these signs, either as a member or as an associate of a gang dealing drugs. Any sudden changes in a person’s lifestyle should be discussed with them.

Some potential indicators of county lines involvement and exploitation are listed below, with those at the top of particular concern:

Persistently going missing from school or home and / or being found out-of-area
Unexplained acquisition of money, clothes, or mobile phones
Excessive receipt of texts / phone calls and/or having multiple handsets
Relationships with controlling / older individuals or groups
Leaving home / care without explanation
Suspicion of physical assault / unexplained injuries
Parental concerns
Carrying weapons
Significant decline in school results / performance
Gang association or isolation from peers or social networks
Self-harm or significant changes in emotional well-being

If you suspect that a child is at immediate risk, you must contact the police straight away and take steps to make the child safe until such time as the police arrive.

The response to criminal exploitation should be the same as for any other abuse.

https://www.gov.uk/government/publications/criminal-exploitation-of-children-and-vulnerable-adults-county-lines/criminal-exploitation-of-children-and-vulnerable-adults-county-lines#signs-to-look-out-for

1.55 Neglect

Neglect is a pattern of failing to provide for a child’s basic needs, whether it be adequate food, clothing, hygiene, supervision or shelter. It is likely to result in the serious impairment of a child’s health or development.

Children who are neglected often also suffer from other types of abuse. It is important that practitioners remain alert and do not miss opportunities to take timely action.

However, while you may be concerned about a child, neglect is not always straightforward to identify.

Neglect may occur if a parent becomes physically or mentally unable to care for a child. A parent may also have an addiction to alcohol or drugs, which could impair their ability to keep a child safe or result in them prioritising buying drugs, or alcohol, over food, clothing or warmth for the child. Neglect may occur during pregnancy as a result of maternal drug or alcohol abuse.

Taken directly from HM Government document ‘What to do if you’re worried a child is being abused – Advice for practitioners’ March 2015.

1.56 Female Genital Mutilation

Definition of FGM

FGM is a collective term for procedures that include the removal of part or all the external female genitalia for cultural or other non-medical reasons. The practice is medically unnecessary, extremely painful and has serious health consequences, both at the time when the mutilation is carried out and in later life. The procedure may be carried out shortly after birth, during childhood or adolescence, just before marriage or during a woman’s first pregnancy. It is a one-off act of abuse that has dangerous implications and lifelong consequences.

For further details around the subject of FGM please follow this link Female Genital Mutilation Risk and Safeguarding Guidance for professionals: Department of Health

https://www.gov.uk/government/publications/safeguarding-women-and-girls-at- risk-of-FGM

We have produced a more detailed guide to spotting and reporting FGM, and it can be found in appendix 1

1.6 The Devon Children and Families Partnership (DCFP) and Multi Agency Safeguarding Hub (MASH)**

1.61 The Devon Children and Families Partnership (DCFP)**

Children in Devon are best safeguarded when key agencies work together effectively.

The Devon Children and Families Partnership is designed to help make this happen.

It is our aim to make sure that children and families can get the right support, in the right place at the right time.

In response to Working Together to Safeguarding Children (July 2018) the DCFP partners – Devon County Council, NEW Devon CCG, Devon & Cornwall Police and Children & Family Health Devon – agreed and published our local Safeguarding Arrangements for Children and Young People in Devon.

This details how:

we will work together to identify and respond to the needs of children in the area
we will commission and publish local child safeguarding practice review
make sure the effectiveness of the arrangements are independently scrutinised.

Taken from DCFP website.

1.62 M.A.S.H

A Multi-Agency Safeguarding Hubs provide information sharing across all organisations involved in safeguarding- encompassing statutory, non-statutory and third sector sources. Essentially, they analyse information that is already known within separate organisations in a coherent format to inform all safeguarding decisions.

All partners work together to provide the highest level of knowledge and analysis to make sure that all safeguarding activity and intervention is timely, proportionate and necessary.

M.A.S.H. focusses on three key functions.

Victim identification and early intervention
Harm identification and reduction
Co-ordinating partner agencies

Each home should have the M.A.S.H. contact details for each local authority of each child or young person in their care, although the local authority of where the home is situated should be the first point of contact different authorities have different procedures.

Taken from the Devon County Council website

1.7 Regulations and Standards

The key children’s homes legislation is to be found in;

The Care Standards Act 2000
Children’s Homes (England) Regulations 2015
Guide to the Children’s Homes Regulations including the quality standards April 2015
The protection of children standard
Regulation 40

The duties and responsibilities of local authorities and others who deliver children’s services regarding safeguarding children are set out in the statutory guidance “Working together to safeguard children” (https://www.gov.uk/government/publications/working-together-to-safeguard-children--2)

The specific responsibilities of the child or young person’s social worker acting on behalf of the placing authority, for safeguarding children and young people who are looked after are set out in Children Act 1989: Care planning, placement and case review. (https://www.gov.uk/government/publications/children-act-1989-care-planning-placement-and-case-review )

1.8 Allegations against Staff and the role of LADO

When an allegation is made against a member of staff this must always be taken seriously and reported to the home manager, who then takes responsibility for the matter. (If the home manager is the one accused the matter should be reported directly to the DSL/ Responsible Individual, and the Managing Director). In the case of an allegation made by a child, managers should complete the Allegation Screening Tool (see Appendix 3) which will direct them to consider all information available and thus guide the decision to complete a LADO referral if the matter concerns behaviour by an adult responsible for the child. This process will be shared with the DSL so that they have oversight of and can offer support and guidance.

The priority is to ensure the safety and welfare of the child or young person, and any other children or young people that may be at risk by encountering the staff member, therefore any such concern should be shared immediately and if necessary, the staff member concerned moved or suspended, this decision is made by the Home Manager or their line managers. If a staff member is suspended from their duties, they will not have access to any of Blue Elephants computer systems during their suspension period.

The matter may be referred to the LADO and their instructions will be followed.

The manager must obtain the following information:

The name of the employee who the allegation is made against
The employee’s address
The employee’s date of birth
The address of the home where they work
Date of DBS
Date of when they started work for Blue Elephant
Date of incident and date allegation made
Nature of allegation.

The matter will have three related, but independent strands:

Child Protection Enquiries (Section 47), relating to the safety and welfare of any children who are or who may have been involved including the alleged person's own children or children within his/ her care
A police investigation into a possible offence
Disciplinary procedures (including internal investigation) where, where it appears that the allegations may amount to misconduct or gross misconduct on the part of Colleague/s

This referral to the LADO will aim to establish the following:

That the allegation is within the scope of procedures for a LADO discussion/ meeting.
That the allegation is not demonstrably false or unfounded.
The nature of the concern, how and why it has arisen, and any previous information about the Child/Young Person /accused person and their relationship with the accused person.
Any background information relevant to the allegation.
Any arrangements taken to secure the immediate safety of the children or young people including ensuring the individual's own children are safeguarded.
Necessity for a Strategy Meeting and whether the police and children's services should be contacted.
If the parents/carers of the Child/Young Person concerned are not already aware of the allegation, there will be a discussion about how and by whom they should be informed. In some circumstances, the manager may need to advise parents of an incident involving their Child/Young Person straight away. Thus, consideration on how to consult formally with them about the investigation needs to be agreed, deciding on how this should be done, balancing this with the overriding need to ensure the Child or Young Person 's safety.

Further information can be found in What to do if you are worried a child is being abused (March 2015)

What to do if you are worried a child is being abused

1.9 Prevention of Abuse

The prevention of abuse must be paramount in working with children and young people who live with or receive services from Blue Elephant.

Staff will be trained in safeguarding, including the identification of abuse and what to do should abuse be suspected: however, it is also crucial that staff understand the young people they are working with, including their history and backgrounds, what medications they take and any side effects that may affect them, staff should be aware of each child and young person’s care plan, behaviour plan and risk assessment. By understanding everything available about a child or young person the staff member has the tools available to work in a positive and supportive way, promoting the safety and welfare of that child or young person.

Building a working professional relationship with the child or young person will make them much more likely to be open and honest about what is going on in their lives, especially when they are away from the home, but also what is happening within the home, and relationship issues or episodes of bullying which may not be evident on a first look.

Staff must also be vigilant to the colleagues and their behaviours towards the children and young people and their other colleagues. Working in social care can establish strong friendships but these must be put aside when it comes to the safeguarding of young people. Every staff member must be aware that they may have to report a colleague if their behaviour or attitude falls below the high standards required to work for Blue Elephant.

Staff must be aware of the whereabouts and actions of each young person in their charge and check on them in a non-invasive way at regular intervals. Where a young person is ‘on trust’ regular welfare checks should be made either over the telephone or in person. Children and young people should not be allowed to wander around town centres without purpose as this can often lead to harmful behaviours.

Where a child or young person goes missing every effort should be made to locate them and regular attempts should be made to look for them and to try and make contact using their mobile phone, known friends and acquaintances or social media. When they return, they should be interviewed by an independent local authority representative, but the staff should also try and find out why they went missing and where they were when they were missing and what needs to happen to help stop them from going missing again.

Prevention is always better than the alternative when it comes to safeguarding.

Safer recruitment is of paramount importance to Blue Elephant and every staff member recruited to work with children and young people in the care of Blue Elephant will have a vigorous and in-depth recruitment experience. (Recruitment is covered in the recruitment policy)

1.10 Sexual Exploitation

Sexual exploitation is the sexual abuse of children, this policy only separates it from other types of abuse as it is now much more prevalent than previously understood.

Many of the children and Young People we look after may have experienced sexual abuse and remain susceptible to continuing harm, engaging in risk taking behaviours such as continued association with offenders and going missing.

Recent research has identified an increased risk for Young People of sexual exploitation and trafficking, Blue Elephant Childcare are committed to the Southwest safeguarding and Child Protection Policy in general and the link below takes you to the relevant site.

1.11 Prevent

Prevent is one of four work strands which make up the Government ‘s counter-terrorism strategy – CONTEST. The aim of CONTEST is to reduce the risk to the UK and its interests overseas from terrorism.

The Four Strands to Prevent are as follows:

Pursue – focuses on detecting, investigating and disrupting terrorist threats to the UK and our interests overseas.
Protect – aims to reduce the vulnerability of the UK and UK interests overseas to terrorist attack. This includes aviation security for both cargo and passengers.
Prepare – aims to minimise the impact of any attack, manage any incidence of an ongoing attack and recover quickly and effectively
Prevent – aims to stop people becoming terrorists or supporting terrorism

All educational establishments now offer a broad and well-balanced curriculum which promotes spiritual, moral and cultural development of the learners. All educational establishments take the approach of aiming to protect its leaners from harm and to ensure awareness is consistent with the Law, Government guidance on counter terrorism and understanding of British values.

As the preventative strand of CONTEST, Prevent will.

Respond to the ideological challenge of terrorism and the threat faced by the UK from those who promote it.
Prevent people from being drawn into terrorism and ensure they are given appropriate advice and support.
Work with those where it is deemed necessary a wide range of sectors (including education, criminal justice, faith, charities, the internet and health) where there are risks of radicalisation which need to be addressed.

All staff will undergo PREVENT training and particularly how to speak to our children and young people in a way which promotes British values without isolating those with differing views, this is particularly important as children and young people who are looked after may have missed significant amounts of education and may not have received the learning around PREVENT, this can make them more susceptible to radicalisation.

1.12 CONTACT WITH CHILDREN WHEN MEMBER OF STAFF HAS LEFT THE HOME/OR CHILD HAS LEFT THE HOME

At Blue Elephant we cultivate a caring relationship with the children and then when we move on these ends. It is then expected we have little or no contact, which may make children feel confused about attachment and relationships.

For Safeguarding reasons, it is vital that contact following staff moving on must be managed in a way that demonstrates it is in the best interest of the child and protects the staff member. As such there should be no contact with the child. However, there may be special circumstances when continued contact and support is vital. Should this be the case this will be agreed in advance by Social Services, family and Blue Elephant.

An example because continued contact and support may be vital, is if the child/young person is about to move to independence.

1.13 Conclusion

This policy is designed to help keep children and young people in care of or receiving the services of Blue Elephant safe.

The policy helps staff to work in a safe and positive way with young people and this is enhanced by conducting regular risk assessments both written and dynamic.

Staff will be encouraged to talk to each other to discuss concerns and to celebrate successes, every staff member must be committed to prioritising the children and young people’s safeguarding above friendships of colleagues and must always remain professionally vigilant.

If you have any concerns, you should raise these with your line managers or DSL/Registered Individual Lucy Squire or the Nominated Individual Abigail Milton at any time.

Review Due | Date Reviewed - changes | Person Responsible

## Appendix 1

Safer Recruitment and Employment Checks 

September 2025

2.1 Employment Checks 

Careful recruitment and regular monitoring of staff at Blue Elephant Childcare is used to prevent unsuitable staff from being recruited and having the opportunity to harm children or to place them at risk. The relevant authorities and professional bodies are informed of any concerns about inappropriate adults. 

Schedule 2 of the Children’s Homes (England) Regulations 2015 requires the following checks for people who wish to manage or work in a Children’s Home: 

Proof of identity including a recent photograph; 
An enhanced Disclosure and Barring Service check (depending on the nature of the role); 
Two written references, including a reference from the person’s most recent employer, if any; 
If a person has previously worked in a position involving work with children or vulnerable adults, verification so far as reasonably practicable of the reason why the employment or position ended; 
Documentary evidence of any qualifications which the person considers relevant for the position; and 
A full employment history, together with a satisfactory explanation of any gaps in employment, in writing. 
Note that statutory guidance Keeping Children Safe in Education provides that schools and colleges should only accept copies of a curriculum vitae alongside an application form. A curriculum vitae on its own will not provide adequate information.

The guidance also states: 

'In addition, as part of the shortlisting process schools and colleges should consider carrying out an online search as part of their due diligence on the shortlisted candidates. This may help identify any incidents or issues that have happened, and are publicly available online, which the school or college might want to explore with the applicant at interview'. 

Whilst this guidance applies to schools and colleges, we will conduct this search as part of our safer recruitment processes.   Any online searches will be limited to publicly available information relevant to safeguarding or professional suitability. We will not use irrelevant personal information in decision-making, and all checks will be conducted in line with GDPR and data protection requirements.

All offers of employment at Blue Elephant Childcare are conditional upon the successful completion of all pre-employment checks, including references, DBS clearance, right to work, medical fitness, and verification of qualifications. Candidates will not be confirmed in post until these checks are fully completed and signed off.

In line with Schedule 2, Blue Elephant Childcare will verify the applicant’s medical fitness to carry out the role. This will usually be confirmed through a confidential self-declaration form and, where appropriate, a referral to occupational health.

2.2 Written References 

Guidance: Children’s Homes – Recruiting Staff (Ofsted) provides further information in relation to the regulatory requirement to obtain 2 written references, including one from the applicant’s last employer. The Guidance provides that you do not have to contact the person who wrote the reference to check that they did so, however this is something that we do with all references at Blue Elephant Childcare. We always check out a reference if we have any doubt about its quality or reliability. In addition, we also require 3 written references as best practice.

If we are not able to obtain a reference from a previous employer, for example because they are no longer operating, or have died- we will ask for another reference from another previous employer.  However, evidence of this must be on file.

As far as possible, we endeavour to find out why a prospective staff member’s previous employment ended, if their previous jobs involved working with children or vulnerable adults. We obtain this information from their most recent employer, and other employers where relevant. For example, this could be a conversation with the previous employer and you record the detail of this on the staff member’s file. You do not have to contact all of their previous employers unless you have a particular cause for concern. If you do have a concern, then Ofsted expect you to obtain as much information as you can to make sure that the person is suitable. 

Keeping Children Safe in Education is clear that schools and colleges should only provide substantiated safeguarding concerns/allegations that meet the harm threshold in references. Low-level concerns should not be included in references unless they relate to issues that would normally be included in a reference, for example, misconduct or poor performance. It follows that a low-level concern that relates exclusively to safeguarding (and not to misconduct or poor performance) should not be referred to in a reference. However, where a low-level concern (or group of concerns) meets the harm threshold for referral to the LADO and is found to be substantiated, it should be referred to in a reference. 

Whilst this guidance applies to schools and colleges, it may be regarded as good practice in safer recruitment.  

As part of our commitment to Safer Recruitment and in line with the Children’s Homes (England) Regulations 2015, KCSIE, and statutory safer recruitment guidance, Blue Elephant Childcare requires that references are obtained from all previous care, education, and health employers where an applicant has worked with children, young people, or vulnerable adults.

Reference Verification

Blue Elephant Childcare requires a full employment history from all applicants, with any gaps accounted for.

If a person has previously worked in a position involving work with children or vulnerable adults, we will, so far as reasonably practicable, verify the reason why the employment or position ended through references.

Timeframe: Reference verification will normally cover the previous 15 years of employment history (or since the applicant left full-time education if this is more recent).

Relevant Roles: Where the applicant has held posts within the last 15 years that involved work with children, young people, or vulnerable adults (in care, education, or health settings), references will be sought directly from those employers.

Beyond 15 Years: Employment that ended more than 15 years prior will not usually be verified through references unless specific safeguarding concerns are identified during recruitment.

Gaps: Any gaps in employment within this timeframe must be explored and explained by the applicant and recorded on file.

This approach ensures we obtain a complete employment history, while applying a proportionate and safeguarding-led approach to reference verification. 

2.3 Disclosure and Barring Service (DBS) Checks 

The appropriate level DBS checks must be carried out before a person is appointed to engage in Regulated Activity within the Home. To determine which level of DBS check a role is eligible for, refer to the DBS Eligibility Guidance (GOV.UK).  At Blue Elephant we always acquire an Enhanced DBS check for all roles.

The information contained in an up-to-date DBS certificate must be reviewed to decide whether this reveals any concerns about the person’s suitability to work with children. If there are concerns, the information must be used to come to a conclusion whether or not to appoint the person. Providers and managers must keep up-to-date with what constitutes Regulated Activity and fully investigate any information that indicates that a person may be barred from working with children or vulnerable adults. 

Anyone who is barred from work with children is committing an offence if they apply for, offer to do, accept or do any work constituting Regulated Activity. It is also an offence for an employer knowingly to offer work in a regulated position, or to procure work in a regulated position for an individual who is disqualified from working with children, or fail to remove such an individual from such work. 

Once appointed, a person must continue to meet the remit-specific regulatory requirements after the initial recruitment process. 

In relation to the Disclosure and Barring Service checks, the following must be recorded: 

The date the DBS check was carried out; 
The DBS certificate number; 
The name of the person who checked the original certificate; 
Whether there was any information or concerns arising from the check that required further attention before you decided to appoint the individual; 
The name of the person who carried out the update check, if the individual is registered with the DBS update service; 
If concerns were identified once a person was appointed, steps you have taken to review a person’s suitability to continue to work with children; 
What actions you take if a person changes their role after they have been appointed; 
The actions you have taken in order to protect children from contact with unsuitable persons; this may include referral to the DBS or other relevant authorities.

Disclosure and Barring Service checks should be: 

```
Treated as confidential;  
```
Kept secure; 
Destroyed as soon as no longer required.

A DBS check has no official expiry date, Blue Elephant best practice is to renew DBS checks every 3 years. Any information included will be accurate at the time the check was carried out.

At Blue Elephant, from September 2024, we have started to transfer all staff over to the DBS update service and all new staff will be added. For staff members who are still to transfer over, a DBS declaration form needs to be completed every 12 months (September each year). Each September we will also check the DBS update service for staff members on there and a ‘Certificate check results’ PDF will be uploaded to staff files.

All staff are required to immediately disclose any cautions, convictions, investigations, or changes to their circumstances that may affect their suitability to work with children. This is reinforced through annual DBS declarations or update service checks and ongoing supervision.

Overseas Checks

In line with the Children’s Homes (England) Regulations 2015, Schedule 2, Blue Elephant Childcare will ensure that, where an applicant has lived outside the United Kingdom, appropriate checks are carried out to verify their suitability to work with children.

The Regulations do not specify a timeframe for when overseas checks must be obtained. However, Blue Elephant follows the safer recruitment guidance set out in Keeping Children Safe in Education (KCSIE) and other sector best practice. Therefore:

Where an applicant has lived or worked outside the UK for a period of 3 months or more in the last 5 years, Blue Elephant will seek to obtain a criminal records check, certificate of good conduct, or equivalent official document from the relevant country.

If such a certificate is not available, or if it cannot be obtained despite reasonable attempts, Blue Elephant will:

Document all attempts made (including dates, correspondence, and responses).
Seek alternative verification such as additional references, written statements from previous employers overseas, or embassy guidance.
Explore the applicant’s overseas period in detail during interview and if needed a follow up meeting with HR.
Record a risk assessment, signed off by a senior manager, to confirm the decision to proceed with or withdraw the appointment.

This process ensures compliance with statutory requirements, demonstrates robust safeguarding practice, and provides clear evidence to Ofsted that Blue Elephant Childcare has taken all reasonable steps to verify the applicant’s suitability.

Information on checks for candidates who have spent time abroad or have come from abroad can be found at: GOV.UK, Criminal records checks for overseas applicants. 

2.5 Checking an Applicant’s Right to Work in the UK 

As part of the recruitment process, Blue Elephant Childcare will also check that the applicant has the right to work in the UK. 

See: GOV.UK: Checking a Job Applicants Right to Work. 

We can be penalised / fined if they employ someone who does not have the right to work and they did not carry out the correct checks, or did not do them properly. 

2.6 Exceptional Circumstances

In line with Guidance: Children’s Homes – Recruiting Staff (Ofsted), we recognise that there may, in exceptional circumstances, be occasions where we need to employ additional staff quickly.

If we are recruiting a permanent member of staff and only have proof of identity and the completed DBS certificate, we may allow the person to start work at the home under strict conditions:

The individual will be closely supervised at all times when working with children until all safer recruitment checks have been completed and verified.
We will be able to evidence that we have taken all reasonable steps to obtain the required information without delay.
We will record the circumstances, outstanding information, and the risk mitigation measures in place.

We acknowledge that there may be occasions when, despite our best efforts, not all required information can be obtained. Whilst this may occur occasionally, it will not become routine practice. It is not good recruitment practice to employ staff without all the required information, and we are committed to ensuring this situation remains exceptional.

Where information is missing, inspectors will expect to see evidence of:

The additional actions we have taken to satisfy ourselves that the person is suitable, and
The risk assessments or other measures put in place to mitigate any identified risks.

This approach ensures that we meet operational needs without compromising the safety and welfare of the children in our care.

2.7 Use of Agency and Tutor Staff

We follow Schedule 2 of the Children’s Homes (England) Regulations 2015 in relation to the recruitment and use of agency staff.

Identity Checks: We will check the identity of any agency staff member before they begin work at a home, to ensure that the correct individual has arrived.
Verification of Suitability: We are not required to obtain all other pre-employment information ourselves. It is acceptable for us to review and retain evidence from the agency confirming that the required checks have been completed (e.g. a clear DBS certificate, references, right to work).
Evidence of Due Diligence: We will demonstrate and record the steps we have taken to satisfy ourselves that each agency worker is suitable before they commence unsupervised work.

Short-Notice Agency Use
If we need to use an agency worker at short notice, and this person has not previously worked with us:

We will check their identity before allowing them to work.

We will obtain written confirmation from the agency that all relevant suitability checks have been completed.
We will review the evidence of these checks as soon as possible, and no later than the next working day.
In such circumstances, the agency staff member will not be placed in sole charge of the home.

Tutor Staff
We also follow Schedule 2 in relation to the recruitment and use of tutor staff. Suitability checks for tutor staff are carried out and recorded using the Tutor Staff Checklist (maintained by Abigail Milton).

Checklists

Agency Staff Checklist – maintained by Donna Barrow
Tutor Staff Checklist – maintained by Abigail Milton

This approach ensures that all agency and tutor staff engaged by Blue Elephant Childcare are verified as suitable and safe to work with children, while meeting both regulatory requirements and Ofsted expectations.

We recognise that volunteers and individuals on work placements can make a valuable contribution to our children’s homes. To ensure the safety of children, all volunteers are subject to the same safer recruitment checks set out in Schedule 2 of the Children’s Homes (England) Regulations 2015.

2.8 External Agencies and Professionals

We sometimes work with external professionals and agencies, such as advocacy services, therapists, counsellors, or specialist consultants, to provide additional support for children in our care in the children’s homes.

To ensure the suitability and safety of all external professionals:

DBS Checks: We will confirm that each individual holds a current and appropriate level DBS certificate. Where possible, we will also check whether the individual is registered with the DBS Update Service. 

Letter of Assurance: We will obtain a formal letter of assurance from the commissioning organisation, agency, or employer to confirm that all safer recruitment checks (including references, identity, right to work, and qualifications) have been completed in line with statutory guidance. 

Verification: We will verify the authenticity of the letter of assurance and retain a copy on file. 

Supervision and Role Clarity: We will ensure that any external professional is clear about the scope of their role and that they are not left in sole charge of the home. Where appropriate, work will be overseen by the Registered Manager or designated senior staff member. 

Record Keeping: All DBS details, letters of assurance, and verification notes will be securely stored within Bright HR like all of our staff files.

This approach ensures that any professional working with children through an external agency or service provider has been subject to the same robust safeguarding standards as our own staff team. 

2.9 Carrying Out Interviews 

Interviews are held at our Head Office or appropriate locations, for example Job Centre Office.  

At least one person on the interviewing panel must have safer recruitment training.   

Everyone interviewing must have read the application form and written notes, where necessary, to explore with the candidate in the interview.   

Each interviewer must complete an interview matrix each. They must give a reason why they would or would not recommend this candidate for a position at Blue Elephant.

2.9 Onboarding

When we have been unable to obtain one of the required references in line with Schedule 2 of the Children’s Homes (England) Regulations 2015. A full risk assessment will be completed, and appropriate safeguards put in place. The decision to appoint will be based on all other verified information and the candidate’s demonstrated suitability for the role. 
Once pre-employment checklist has been completed. The registered Manager will review and sign off the file at least one week prior to the candidate starting.

2.10 Governance and Auditing

Safer recruitment records and processes are audited quarterly by the HR/Operations Team. Any gaps or delays are reviewed, with corrective action documented. The Registered Manager, Registered Individuals and Operations Director hold joint responsibility for ensuring safer recruitment standards are consistently met across all homes.

## Appendix 2

Female Genital Mutilation

Female Genital Mutilation (FGM)

Definition of FGM

FGM is a collective term for procedures that include the removal of part or all of the external female genitalia for cultural or other non-medical reasons. The practice is medically unnecessary, extremely painful and has serious health consequences, both at the time when the mutilation is carried out and in later life. The procedure may be carried out shortly after birth, during childhood or adolescence, just before marriage or during a woman’s first pregnancy. It is a one-off act of abuse that has dangerous implications and lifelong consequences.

Classification of FGM

FGM has been classified by the World Health Organization into four types. This classification has been incorporated by the Home Office and the Department of Education.

Type 1 – Clitoridectomy: partial or total removal of the clitoris (a small, sensitive and erectile part of the female genitals) and, in very rare cases, only the prepuce (the fold of skin surrounding the clitoris)
Type 2 – Excision: partial or total removal of the clitoris and the labia minora, with or without excision of the labia majora (the labia are the ‘lips’ that surround the vagina)
Type 3 – Infibulation: narrowing of the vaginal opening through the creation of a covering seal. The seal is formed by cutting and repositioning the inner, or outer, labia, with or without removal of the clitoris
Type 4 – Other: all other procedures to a child’s female genitalia for non-medical purposes, e.g., pricking, piercing, incising, scraping, cauterising the genital area and stretching the labia or clitoris

Countries where FGM is practised

FGM is a deeply rooted practice, widely carried out mainly among specific ethnic populations in Africa and parts of the Middle East and Asia. It serves as a complex form of social control of women’s sexual and reproductive rights. The exact number of girls and women alive today who have undergone FGM is unknown, however, UNICEF estimates that over 200 million girls and women worldwide have undergone FGM10.

While FGM is concentrated in countries around the Atlantic coast to the Horn of Africa, and areas of the Middle East like Iraq and Yemen, it has also been documented in communities in:
• Colombia;
• Iran;
• Israel (within the Bedouin community and within the immigrant Ethiopian Jewish community in its country of origin);
• Oman;
• The United Arab Emirates;
• The Occupied Palestinian Territories;
• India;
• Indonesia;
• Malaysia;
• Pakistan; and
• Saudi Arabia.

It has also been identified in parts of Europe, North America and Australia.

Notes: In Liberia, girls and women who have heard of the Sande society were asked whether they were members; this provides indirect information on FGM since it is performed during initiation into the society. Data for Indonesia refer to girls aged 0 to 11 years since prevalence data on FGM among girls and women aged 15 to 49 years is not available

Source UNICEF (2016) Female Genital Mutilation/ Cutting: a Global Concern: www.data.unicef.org/resources/female-genital-mutilation-cutting-a-global-concern.html

Factors suggesting a child is at risk of FGM:

From the “high risk” communities stated above and:

Aged 0 - 14 years old.
Withdrawn from Personal, Social, Health and Economic Education (PSHE) lesson by parents;
Parent or female child states the girl will be taken out of the country for an extended holiday.
Mother had FGM /other female children in extended family
Confiding in a professional about an impending ‘special procedure’ or special holiday or ceremony.
Requesting help from a teacher or another professional or adult to avoid FGM.
An older sister had FGM.
A mother who had FGM requesting re-infibulation after de-infibulation.
Talking about a long holiday to country of origin or another country where the practice is prevalent.
A professional hears reference to FGM.
It is possible that families will practise FGM in the UK when a female family elder is around, particularly when she is visiting from a country of origin.
The position of the family and the level of integration within UK society. It is believed that communities less integrated into British society are more likely to carry out FGM.

Factors suggesting a girl or woman has undergone FGM:

Has difficulty in walking, sitting or standing.
Has noticeable behaviour changes.
Requests to be excused from physical exercise lessons.
Confiding in a professional that FGM has taken place.
Requesting help to manage any of the complications Associated with the practice.
Spending longer than normal in the toilet due to difficulties urinating.
Frequent urinary tract infections or menstrual problems.
Recent onset of signs of emotional and psychological trauma (e.g., withdrawal, depression and/or anger).
Reluctance to undergo normal medical examinations. (e.g., cervical smears)

Consequences of FGM

Depending on the degree of mutilation, FGM can have several short-term health implications:

Severe pain and shock
Infection
Urine retention
Injury to adjacent tissues
Immediate fatal haemorrhaging

Long-term implications can entail:

Extensive damage of the external reproductive system
Uterus, vaginal and pelvic infections
Cysts and neuromas
Increased risk of Vescio Vaginal Fistula
Complications in pregnancy and childbirth
Psychological damage
Sexual dysfunction
Difficulties in menstruation

In addition to these health consequences there are considerable psycho-sexual, self-esteem and social consequences of FGM where additional support may need to be provided.
FGM is a form of child abuse (Physical and Emotional abuse) it is also an abuse of female adults categorised under Honour Based Violence and Domestic Abuse definitions

Why FGM continues to be practiced

WHO cites several reasons for the continuation of FGM, such as:

Custom and tradition
A mistaken belief that FGM is a religious requirement
Preservation of virginity/chastity
Social acceptance, especially for marriage
Hygiene and cleanliness
Increasing sexual pleasure for the male
Family honour
A sense of belonging to the group and conversely the fear of social exclusion
Enhancing fertility
-Local structures of power and authority, such as community leaders or circumcisers

In its interagency statement on Eliminating FGM (2008), WHO states that in every society where it is practised, FGM is the manifestation of gender inequality that is entrenched in social, economic and political structures. FGM is a form of violence against women and girls.

Reporting FGM

If a child under 18 years old discloses that they have undergone FGM or where physical signs indicate FGM has been carried out, there is a mandatory duty on that professional to report to the police.

Report to the police by calling ‘101’, the non-emergency number, within 48 hours.

It is the personal duty of that professional; the duty to report to police cannot be passed on or delegated to another professional

Tell them. Explain that you are making a report under the FGM mandatory reporting duty

Give them your details: name, contact details (work telephone number and e-mail address) & times when you will be available to be called back. Your role and place of work.

Give them the girl’s details: name, age/date of birth, address. Confirm that you have undertaken, or will undertake, safeguarding actions such as a referral to Children’s Social Care.

Ensure you are given a reference number.

Legal context

FGM is illegal in the UK under:

The Female Genital Mutilation Act 2003 (England, Wales and Northern Ireland). This act has been amended to incorporate a new duty as outlined below.
Mandatory (legal) reporting duty applies where FGM has taken place.
The FGM mandatory reporting duty is a legal duty provided for in the FGM Act 2003, section 5B (as amended by the Serious Crime Act 2015). The legislation requires regulated health and social care professionals and teachers in England and Wales to make a report to the police where, in the course of their professional duties, they are either:

• informed by a girl under 18 years that an act of FGM has been carried out on her; or
• observed physical signs which appear to show that an act of FGM has been carried out on a girl under 18 years and they have no reason to believe that the act was necessary for the girl’s physical or mental health or for purposes connected with labour or birth.

For the purpose of the duty, the relevant age is the girl’s age at the time of the disclosure/identification of FGM (i.e., it does not apply where a woman aged 18 years or over discloses, she had FGM when she was under the age of 18 years)

The duty is a personal duty which requires the individual professional who becomes aware of the case to make a report; the responsibility cannot be transferred. Complying with the duty does not breach any confidentiality requirement or other restriction on disclosure which might otherwise apply. For staff who work within the NSPCC, legally mandatory reporting only pertains to some staff (children’s services managers and practitioners and some national services managers and practitioners) and it relates to situations when FGM has already taken place.

FGM: In relation to at risk or suspected cases of FGM, or in cases where the woman is over 18 years of age, or if a parent, guardian, sibling or other individual (not a professional) discloses that a girl under 18 years of age has had FGM carried out on her, the mandatory duty to report to the police does not apply. However, it is a Blue Elephant requirement that all staff act on concerns regarding FGM when they become aware that a child or young woman is at risk.

Any such disclosure of a child ‘at risk’ should be handled in line with wider safeguarding responsibilities –this is likely to include a child protection referral to children’s social care, and in Wales the disclosure should be immediately referred to the local authority. In these cases, the Local Children Safeguarding Board procedures, the NSPCC safeguarding and child protection policy, and adults at risk of abuse policy and procedure must be followed. For more information, please see the English or Welsh Working Together to Safeguard Children as appropriate, and/or the multi-agency guidance on FGM.

Failure to report cases within one month, unless there are ‘exceptional’ safeguarding issues, could result in the professionals facing internal disciplinary action or referral to regulators, which could lead to barring them from practice.

It is an offence for anyone (regardless of nationality and residence status) to perform FGM in the UK or to assist a girl to perform FGM on herself in the UK. Provided that the mutilation takes place in the UK, the nationality or residence status of the victim is irrelevant.

It is an offence under the 2003 Act for a UK national or permanent UK resident to perform FGM, or to assist a girl to perform FGM on herself, outside the UK. It is also an offence to assist FGM carried out abroad by anyone (including foreign nationals); although in some cases the offence is limited to the situation where the victim is a UK national or permanent UK resident. This would cover taking a girl abroad to be subjected to FGM.

Children Act 2004 (England and Wales) state Local authorities can apply to the courts for various orders to prevent a child being taken abroad for mutilation.

The Human Rights Act 1998 and European Convention on Human Rights Article 3 states that no one will be “subjected to torture or to inhuman or degrading treatment or punishment”.

The UN Convention on the Rights of the Child States that any person below the age of 18 years has the right to protection from activities or events that may cause them harm and that they need special safeguards and care, including appropriate legal protection.

National Policy Guidance for Professionals

Mandatory Reporting of Female Genital Mutilation – procedural information https://www.gov.uk/government/publications/mandatory-reporting-of-female-genital- mutilation-procedural-information

Multi-Agency Statutory Guidance on Female Genital Mutilation https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ data/file/800306/6-1914-HO-Multi_Agency_Statutory_Guidance.pdf

Working Together to Safeguard Children, Department for Education 2018 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ data/file/779401/Working_Together_to_Safeguard-Children.pdf

London Child Protection Procedures: Safeguarding children at risk of abuse through female genital mutilation (FGM) http://www.londoncp.co.uk/chapters/sg_ch_risk_fgm.html?zoom_highlight=fgm

Female Genital Mutilation Risk and Safeguarding Guidance for professionals: Department of Health https://www.gov.uk/government/publications/safeguarding-women-and-girls-at- risk-of-fgm

HM Government -Ending Violence against Women and Girls 2016-20 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ data/file/783596/VAWG_Strategy_Refresh_Web_Accessible.pdf

DFE - Statutory guidance for governing bodies, proprietors, head teachers, principals, senior leadership teams, teachers; Relationships Education, Relationships and Sex Education (RSE) and Health Education https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_ data/file/781150/Draft_guidance_Relationships_Education__Relationships_and_Sex_Educati onRSEand_Health_Education2.pdf

Royal College of Nursing Female Genital Mutilation https://www.rcm.org.uk/promoting/professional-practice/violence-women-girls/

Female Genital Mutilation and its Management (2015) https://www.rcog.org.uk/en/guidelines-research-services/guidelines/gtg53/

Irrespective of the cause for concern, all referrals to LADO, MASH must be done in writing and not by telephone.

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