SET Procedures 2011

SET Procedures 2011 Update briefings

Purpose of briefing To give practitioners in the local children’s workforce an understanding of what has changed in the latest SET procedures Identify how the Procedures can now be accessed

Latest SET Child Protection Procedures available at: www.escb.co.uk

How to use the SET Procedures • These procedures are a reference document • Paper copies will not be available (under review nationally-Munro review) • The pdf document is searchable and the index will allow users to jump to specific sections

So what has changed? All sections have been reviewed by a multi-agency group comprising of the three LSCBs within Essex in line with latest guidance and best practice. Some new additions to Agency roles and responsibilities reflecting the wider involvement of agencies in child protection

So what has changed? Sections 5 and 10 in the old 2006 Procedures have been amalgamated in one section (Section 9) to avoid duplication Section 9 – Additional Procedures is the area where guidance on protection in specific circumstances is now given

Some new additions for 2011 Animal abuse and links to abuse of children and domestic abuse (9.3) Child abuse linked to belief in spirit possession (9.5) Child victims of trafficking (9.6) Children missing from education (9.7) Hate crime /harassment (9.14) Honour based abuse (9.17)

Some new additions for 2011 Safeguarding children and young people affected by gangs (9.31) Unaccompanied children and young people arriving in the UK (9.38) Child Sex Offender Disclosure Scheme (12.7)

Recognition of links between animal abuse and child abuse. Protocol developed to work with RSPCA. A child displaying intentional cruelty to animals could indicate that the child has been a victim of neglect and/or abuse Animal Abuse 9.3 SET Procedures 2011

Child Abuse and Spirit Possession Defined as the belief that an evil force has entered a child and is controlling him or her (9.5.1) Whilst the number of identified cases is currently small, the nature of child abuse is disturbing and impact on child is substantial and serious Procedures give advice on how best to respond to this form of abuse

Child Victims of Trafficking Defined as the recruitment, transportation, transfer, harbouring or receipt of persons by means of threat, or use of force or other forms of coercion for the purpose of sexual or commercial exploitation or domestic servitude (9.6.1) Procedures outline a list of risk indicators and appropriate way to respond if trafficking is suspected

Gangs All practitioners who have contact with children and young people should be able to recognise when a child is vulnerable to, or at risk of harm from, gang involvement or activity (9.31.1) Range of risk factors identified and appropriate response for different situations – this may be initially at CAF level or in more serious cases, requiring emergency protective action

Specific areas strengthened for 2011 In addition to those new sections, some existing areas have been revised and strengthened in the new Procedures. These include: Domestic Abuse MAPPA Serious Case Reviews Child Death Reviews

Guidance for Threshold of Need and Intervention • Local authorities have a statutory duty to publish guidance on thresholds for access to Children’s Social Care • The guidance is regularly reviewed and updated • Please ensure that you are using the most up to date guidance – January 2011

Guidance for Threshold of Need and Intervention Level Two Vulnerable Children with additional needs Level Three Complex Children with complex needs Level Four Acute Children whose needs are complex, prolonged or critical Level One Universal Children with no additional needs

Duty to Refer • Everybody who works or has contact with families (or pregnant women) should be able to recognise and know how to act upon, evidence a child’s health or development (or that of an unborn baby) is being or maybe impaired • 5.1.1 SET Procedures 2011

Referrals to Social Care • Referrals to Social Care Direct can be made via telephone, (0845 603 7627) fax, post or email • Referrals need to be submitted on an ECC999 form, if a CAF has been completed then attach it • The Initial Response Team (IRT) offer a consultation service Mon-Fri, office hours on 01206 266068

Listening to the Child • If the child or young person can understand the significance and consequences of making a referral to Children’s Social Care, s/he should be asked her/his view • This should be recorded on the referral form • 4.5.18 SET Procedures 2011

Informing parent/s of referral Where practicable, concerns should be discussed with the parent and agreement sought for referral to Children’s Social Care unless seeking agreement is likely to: Place the child at risk of significant harm through delay or the parent’s action or reactions Lead to the risk of loss of evidential material 4.5.20 SET Procedures 2011

When not to inform parents Generally DO NOT contact parents Where discussion would impede a police investigation or social work enquiry Where sexual abuse is suspected Where organised or multiple abuse is suspected Where the fabrication of an illness is suspected ‘One Chance Rule’ Do not delay referral where it is not possible to contact parents/carers If in doubt discuss with Social Care

Parental refusal for referral • If it is still considered that there is a need for a referral: • The reason for proceeding without agreement must be recorded • Children’s Social Care should be told the parent has withheld permission and a discussion held about when and how s/he should be told of the referral

Parental refusal for referral • The parent should be contacted to inform him/her that after considering his/her wishes, a referral has been made • (unless discussion with Children’s Social Care concluded this action might increase the risk of harm to the child) • 4.5.27 SET Procedures 2011

Resolution of Professional Disagreement • Problem resolution is an integral part of professional co-operation and joint working to safeguard children • The safety of individual child/ren and focus on child/ren are the paramount considerations in any professional disagreement 13.6 SET Procedures 2011

As a result of daily registration, schools are particularly well placed to notice when a child has gone missing • Specific Children Missing Education Policy • There is a named point of contact in every local authority and every practitioner working with a child has a responsibility to inform this person if s/he knows or suspects that a child is not receiving education • ECC contact is Rachel Thorogood, Tel: 01245 437900 rachel.thorogood@essex.gov.uk Children Missing from Education 9.7 SET Procedures 2011

Private Fostering • When a child under 16 (or 18 if disabled) is cared for and provided with accommodation, by an adult who is not a relative, for 28 days or more, it is called private fostering. • A relative in this situation is either a grandparent, brother, sister, uncle or aunt. They can be a full or half relation and could be related by marriage. Relatives also include step-parents.

Private Fostering • Professionals who work with children also have a duty to notify the Council of any private fostering arrangements they know of. • Essex contact number 0800 801 530 or email adoptionandfostering@essexcc.gov.uk

Domestic Abuse • Domestic abuse is defined by the Home Office as • “Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality”. 9.10 SET Procedures 2011

Domestic Abuse • On average two women a week are killed by a current or former partner This constitutes nearly 40% of all female homicide victims • 30% of domestic abuse starts in pregnancy 52% of child protection cases involve domestic abuse • 70% of children in UK refuges have been abused by their father • 90% of domestic abuse incidents occurs with the children in the same or the next room (4)

What is MARAC? • Monthly Multi-agency formal meeting • Highest risk domestic abuse victims • Considers risk to victims, children and other vulnerable people in the household • Includes same sex relationships, interfamily as well as heterosexual relationships. • Mainly female victims of male partner or ex-partner violence • Any signed up agency can refer in cases which meet the threshold • Essex county MARAC coordinator is employed by Essex Police

Aims of MARAC • To share information to increase the safety, health and well being of victims, adults and their children • To determine whether the perpetrator poses a significant risk to any particular individual or to the general community • To jointly construct and implement a risk management plan • To reduce repeat victimisation • To improve agency accountability • Improve support for staff involved in high risk DV cases

Key Outcome • One of the key outcomes of MARAC is that it moves the responsibility for addressing the domestic abuse from the victim to a broader group of agencies • MARAC Co-ordinator • MARACESSEX@essex.pnn.police.uk

Are multi agency reviews following a domestic homicide • To ensure lessons are learned and to identify what needs to change to reduce the risk of such tragedies happening again in the future Domestic Homicide Reviews

Honour Based Abuse 9.16 SET Procedures 2011 Honour based abuse is a crime or incident which has or may have been committed to protect or defend the ‘honour’ of the family and/or the community.

Recognition • Some of the behaviours may be the same as those used in domestic abuse • Practitioners should be aware that a child could be the victim of violence/abuse in the name of honour for what an outside person may perceive to be a minor issue

Response • ‘One chance rule’ • Involving families in cases of forced marriage is dangerous • Consider the safety of other siblings in the family • Accurate, detailed and clear record keeping that is only available to those directly involved in the case

Forced Marriage • ‘a marriage conducted without the valid consent of both parties, where duress is a factor’ (A Choice by Right, HM Govt, 2000) • There is a clear distinction between forced marriage and an arranged marriage 9.13 SET Procedures 2011

Female Genital Mutilation • A collective term for illegal procedures which include the removal of part/all external female genitalia for cultural or other non therapeutic reasons • FGM is illegal in this country by the Female Genital Mutilation Act 2003 9.12 SET Procedures 2011

Risk Factors • Parents from community that practise FGM. • Mother has had FGM • Parents indicate prolonged holiday • Frequent trips to country of origin • Child may talk of long holiday • Older sibling may have had FGM • Child may confide she is to have ‘special procedure’ or ‘celebration’

Child Sex Offender Disclosure SchemeRight To Ask – Sarah’s Law THE BACKGROUND The Review of the Protection of Children from Sexual Offenders (June 2007) focused on how child sexual offenders are managed, how sexual offending against children can be prevented and how to provide greater reassurance to the public. This report created 20 actions, of which Actions 1 and 4 were of particular importance to the process.

Child Sex Offender Disclosure SchemeRight To Ask – Sarah’s Law • ACTION 1 • Pilot a community awareness programme, in partnership with non-governmental organisations, to provide better child protection and develop messages to help parents and carers safeguard children effectively. • ACTION 4 • Pilot a process where members of the public can register their child protection interest in a named individual. Where this individual has convictions for child sex offences and is considered a risk, there will be a presumption that this information will be disclosed to the relevant member of the public.

Right to Ask in Essex • Went live August 2010 • Enquiries can be made by anyone either in person or over the phone if they are concerned that a child may be at risk of sexual harm from a specific individual • Police will then research all information given • Checks are made with partner agencies • Police will then decide if there is any information to disclose • This information will only be disclosed to the most appropriate person who has responsibility for safeguarding that child

The Purpose & Stages of MAPPA Identifying Offenders Information Exchange Risk Assessment Risk Management 12.3 SET Procedures 2011

'Relevant Offenders'(Sec 68 CJCSA 2000) All Registered Sexual Offenders. (Category 1) All Violent & Other Sexual Offenders sentenced to imprisonment of 12 months or detained under a Hospital Order (Sec 37 MHA). (Category 2) Any other Offender considered to ‘Pose a Significant risk of Serious Harm to the Public’. (Category 3).

Local Authority Designated Officer (LADO) • All County level and unitary authorities must have a LADO • An initial discussion must always take place between the employer and the LADO when the concern or allegation meets the criteria

What is an allegation? Covers any concern that indicates a person who works with children has: behaved in a way that has harmed, or may have harmed, a child, or possibly committed a criminal offence against or related to a child, or behaved towards a child/ren in a way that indicates unsuitability to work with children Chapter 11 SET Procedures 2011

Allegations Management • Essex has 2 Local Authority Designated Officers who can be contacted through the Quality Assurance and Safeguarding Service on 01245 436744 • The Emergency Duty Service needs to be contacted should advice be needed outside office hours

These procedures apply to situations when: • there are suspicions, complaints or allegations of abuse by a person who works with children in either a paid or unpaid capacity • It is discovered that an individual known to have been involved previously in child abuse, is or has been working with children

Recruitment, Selection and Supervision • SET Procedures outlines the minimum standards for safer recruitment-ESCB website has safer recruitment guidance and audit tool • Good practice requires at least one member of an interview panel to be safer recruitment trained • Safer recruitment training can be accessed via your LSCB and Children’s Workforce Development Council

Vetting and Barring Scheme • The following requirements, which came into effect in October 2009, remain in place: • it is now a criminal offence for barred individuals to apply to work with children or vulnerable adults in a wider range of posts than previously. • Employers also face criminal sanctions for knowingly employing a barred individual across a wider range of work • the three previous barring lists (POVA, POCA and List 99) are replaced by the creation of two new barred lists administered by the ISA rather than several government departments.

Serious Case Reviews Working Together Chapter 8 SET Procedures 13.3

SET Procedures 2011