CHILDREN & VULNERABLE PERSONS PROTECTION POLICY
1. Promoting Good Practice
1.1 Introduction
To provide children and vulnerable adults with the best
possible experience and opportunities everyone must operate within an accepted
ethical framework e.g. Every Child Matters. It is not always easy to
distinguish poor practice from abuse. It is therefore NOT the responsibility of
employees or participants within Somasmart Solutions to make judgements about
whether or not abuse is taking place. It is however their responsibility to
identify poor practice and possible abuse and act if they have concerns about
the welfare of the child or vulnerable adult, as explained in section 3. This
section will help you identify what is meant by good practice and poor
practice.
1.2 Good Practice
1.3 Poor Practice
The following are regarded as poor practice and should be
avoided by all personnel:
2. Defining Abuse
2.1 Introduction
Abuse is any form of physical, emotional or sexual
mistreatment or lack of care that leads to injury or harm, it commonly occurs
within a relationship of trust or responsibility and is an abuse of power or a
breach of trust. There are four main types of abuse: physical abuse, sexual
abuse, emotional abuse and neglect. The abuser may be a family member, someone
the young person or vulnerable adult encounters in residential care or in the
community including online community, sports and leisure activities. Any
individual may abuse or neglect a young person or vulnerable adult directly or
may be responsible for abuse because they fail to prevent another person
harming the young person or vulnerable adult. Abuse in all of its forms can
affect children and vulnerable adults at any age. The effects can be so
damaging that if not treated may follow the individual into adulthood young
people with disabilities may be at increased risk of abuse through various
factors such as stereotyping, prejudice, discrimination, isolation and a
powerlessness to protect themselves or adequately communicate that abuse had
occurred.
2.2 Types of Abuse
2.3 Indicators of Abuse
Even for those experienced in working with abuse, it is
not always easy to recognize a situation where abuse may occur or has already
taken place. Most people are not experts in such recognition, but indications
that a child or vulnerable adult is being abused may include one or more of the
following:
Signs of bullying include:
It must be recognized that the above list is not
exhaustive, but also that the presence of one or more of the indications is not
proof that abuse is taking place. It is NOT the responsibility of those working
for somasmart to decide that abuse is occurring. It IS their responsibility to
act on any concerns.
2.4 Use of Photographic/Filming Equipment at Sporting
Events
There is evidence that some people have used sporting
events as an opportunity to take inappropriate photographs or film footage of
young people and vulnerable adults. Instructors and staff should be vigilant
and any concerns should be reported to the management. To safeguard children
and vulnerable adults along with the privacy of all adults somasmart platform
has a strict No photography or filming policy in all classes where children or
vulnerable adults are present. In any other course photography or filming may
only take place with the written consent of the participants.
3. Responding to Suspicions and Allegations
3.1 Introduction
It is not the responsibility of anyone working on
somasmart platform in a paid or unpaid capacity to decide whether or not abuse
has taken place. However there is a responsibility to act on any concerns
through contact with the appropriate authorities so that they can then make
inquiries and take necessary action to protect the young person. This applies
BOTH to allegations/suspicions of abuse occurring within somasmart platform and
to allegations/suspicions that abuse is taking place elsewhere.
3.2 Receiving Evidence of Possible Abuse
We may become aware of possible abuse in various ways. We
may see it happening, we may suspect it happening because of signs such as
those listed in section 2 of this document, it may be reported to us by someone
else or directly by the young person or vulnerable adult affected. In the last
of these cases, it is particularly important to respond appropriately. If a
young person or vulnerable adult says or indicates that they are being abused,
you should:
3.3 Recording Information
To ensure that information is as helpful as possible, a
detailed record should always be made at the time of the disclosure/concern. In
recording you should confine yourself to the facts and distinguish what is your
personal knowledge and what others have told you. Do not include your own
opinions. Information should include the following:
3.4 Reporting the Concern
All suspicions and allegations MUST be reported
appropriately. It is recognised that strong emotions can be aroused
particularly in cases where sexual abuse is suspected or where there is
misplaced loyalty to a colleague. It is important to understand these feelings
but not allow them to interfere with your judgement about any action to take. Somasmart
Solutions the owners of Somasmart platform expects it’s members, instructors
and staff to discuss any concerns they may have about the welfare of a child or
vulnerable adult immediately with the Senior Designated Person and subsequently
to check that appropriate action has been taken.
Your Senior Designated Person Is
Hilder Ochieng
Contact +254 732 447 447
[email protected] / [email protected]
If the Senior Designated Person is not available, you
should take responsibility and seek advice from the following services
For Children contact: Children’s Social Care
Team Ministry of Labour and Social Protection,
State Department for Social Protection,
Bishops Road, Social Security House
P.O. Box 40326 – 00100, Nairobi
Telephone: +254 (0) 2729800
Fax: +254 020 2726497
Email: [email protected] [email protected]
Where there is a complaint against an instructor or
staff, there may be three types of investigation. Criminal in which case the
police are immediately involved Child protection in which case the social care
team (and possibly) the police will be involved Disciplinary or misconduct in
which case somasmart Solutions will be involved As mentioned previously in this
document, Somasmart Solutions Limited staff are not child protection experts
and it is not their responsibility to determine whether or not abuse has taken
place. All suspicions and allegations must be shared with the appropriate
professional agencies.
NB: If there is any doubt, you must report the incident:
it may be just one of a series of other incidences which together cause concern
Any suspicion that a child or vulnerable adult has been
abused by an employee or a volunteer should be reported to the Somasmart
Solutions Senior Designated Person who will take appropriate steps to ensure
the safety of the child or vulnerable adult in question and any other
individuals who may be at risk. Any Suspicions regarding the senior designated
person should be reported immediately to the appropriate agency. Please see the
above section for up-to-date contact details.
Allegations of abuse can be made sometime after the
event. Where such allegation is made, you should follow the same procedures and
have the matter reported to the appropriate services. This is because other
children or vulnerable adults may be at risk from the alleged abuser. Anyone
who has a previous conviction for offences related to abuse against children or
vulnerable adults is automatically excluded from working with children,
Safeguarding Vulnerable Groups Act (SVGA) 2006 and ISA Registration & VBS.
3.5 Concerns outside the immediate Environment (e.g. a
parent or carer)
Report your concerns to the Senior Designated Person If
the Senior Designated Person is not available, the person being told or
discovering the abuse should contact their local social care team or the police
immediately The social care team and the senior designated officer will decide
how to inform the parents/carers Maintain confidentiality on a need to know
basis
3.6 Confidentiality
Every effort should be made to ensure that
confidentiality is maintained for all concerned. Information should be handled
and disseminated on a need to know basis only. This includes the following
people:
The Senior Designated Officer
The parents of the child
The person making the allegation Social Care Team/police
The alleged abuser (and parents if the alleged abuser is
a child)
Seek advice from the social care team on who should
approach the alleged abuser.
3.7 Internal Inquiries and Suspension
Somasmart Solutions Limited Senior Nominated Person will
make an immediate decision about whether any individual accused of abuse should
be temporarily suspended pending further police and social care team inquiries
in line with the Safeguarding Vulnerable Groups Act (SVGA) 2006 and ISA
Registration & VBS.
Irrespective of the findings of the social care team or
police inquiries the Somasmart Solutions Disciplinary Committee will assess all
individual cases to decide whether a member of instructors team, staff or
volunteer can be reinstated and how this can be sensitively handled. This may
be a difficult decision; especially where there is insufficient evidence to
uphold any action by the police. In such cases the Somasmart Solutions Disciplinary
Committee must reach a decision based upon the available information which
could suggest that on the balance of probability, it is more likely than not
that the allegation is true. The welfare of children and vulnerable adults will
remain of paramount importance throughout.
4. Recruiting and Selecting Personnel with Children and
Vulnerable Adults
4.1 Introduction
It is important that all reasonable steps are taken to
prevent unsuitable people from working with children or vulnerable adults. This
applies equally to paid staff and volunteers, both full and part time. To
ensure unsuitable people are prevented from working with children and
vulnerable adults the following steps will be taken by Somasmart Solutions when
recruiting.
4.2 Controlling Access to Children and Vulnerable Adults
All online instructors, staff and volunteers will
complete an application form. The application form will elicit information
about the applicants past and a self-disclosure about any criminal record.
Consent will be obtained from the applicant to seek information from the
Criminal Records Bureau in this case department of criminal investigations
(DCI) Confidential references, including one regarding previous work with
children or vulnerable adults will be obtained. These references MUST be taken
up and confirmed through telephone contact and to check identity. Evidence of
identity and the right to work in this country must be checked this evidence
must be photo ID (passport or driving license with photo).
4.3 Interview and Induction
All online instructors, employees and volunteers will be
required to undertake an interview carried out to acceptable protocol and
recommendations. All employees and volunteers will receive formal or informal
induction during which:
4.4 Training
In addition to pre-selection checks, the safeguarding
process includes training after recruitment to help online instructors, staff
and volunteers to:
Somasmart Solutions requires:
All online instructors, staff and volunteers who have
access to somasmart platform and intend to offer online training or teaching to
avail a valid certificate of good conduct from the DCI.
All employees, volunteers, to undertake relevant
safeguarding training or undertake a form of home study, to ensure their
practice is exemplary and to facilitate the development of positive culture
towards good practice and child protection
All staff and volunteers to receive advisory information
outlining good/bad practice and informing them what to do if they have concerns
about the behaviour of an adult towards a young person or vulnerable adult.
Declaration On behalf of Somasmart Solutions we, the
undersigned, will oversee the implementation of the Safeguarding Policy and
Training and take all necessary steps to ensure it is adhered to.
By Management.
Somasmart Solutions