guidance for hse child safeguarding statements and risk ......maximise any opportunity that would...

53
Guidance for HSE Child Safeguarding Statements and Risk Assessment Workbook

Upload: others

Post on 24-Jun-2020

4 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

Guidance for HSE Child Safeguarding Statements and Risk Assessment Workbook

Page 2: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

1

Contents

GlossaryofTerms...........................................................................................................................2

Introduction...................................................................................................................................4

DevelopingChildSafeguardingStatementsintheHSE....................................................................5

Governance.............................................................................................................................. 5

Child Safeguarding Statements ........................................................................................... 5

Units of service ...................................................................................................................... 5

Relevant Person .................................................................................................................... 6

Procedures to be specified in Child Safeguarding Statements ........................................ 6

Child Safeguarding Risk Assessments ............................................................................... 7

Quality Improvement in Child Safeguarding ...................................................................... 7

WorkbooktocompleteyourChildSafeguardingRiskAssessment&ChildSafeguardingStatement8

Step 1: Consider your Service ............................................................................................. 9

Step 2: Risk Identification - Consider Risk of Harm ........................................................ 12

Step 3: Risk Assessment and Management ..................................................................... 25

Step 4: Child Safeguarding Statement .............................................................................. 38

Step 5: Monitor & Review ................................................................................................... 41

Appendix 1 Prescribed procedures, under the Children First Act 2015, that must be specified in a child safeguarding statement, and corresponding HSE policies, procedures, protocols and guidance (PPPG) documents. ......... 42

Appendix 2 List of additional HSE policies, procedures, protocols and guidance documents that contribute to child safeguarding ....................................... 46

Appendix 3 Guidance for developing a procedure for maintaining a list of Mandated Persons ........................................................................................................... 49

Appendix 4 Guidance for Appointing a Relevant Person as a point of contact for the Child Safeguarding Statement ...................................................................... 52

Page 3: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

2

Glossary of Terms

Child A child is defined in the Child Care Act 1991 as a person under the age of 18 years, other than a person who is, or has been, married.

Controls A mechanism, process, procedure or action which can be verified, which seeks to reduce the likelihood and/or consequence of a risk. Controls include any process, policy, device, practice, or other actions which modify risk. They can exist or be required as additional in order to further mitigate the risk (HSE Integrated Risk Management Policy, 2017, p. 13).

Harm “harm means in relation to a child –

(a) assault, ill-treatment or neglect of the child in a manner thatseriously affects or is likely to seriously affect the child’s health,development or welfare, or(b) sexual abuse of the child,

whether caused by a single act, omission or circumstance or a series or combination of acts, omissions or circumstances or otherwise.”

Mandated Person Schedule 2 of the Children First Act 2015 details the full list of people who are classified as mandated persons under the Children First Act 2015. Mandated persons have two main legal obligations under the Act. These are to report the harm of children at or above a defined threshold to Tusla – the Child and Family Agency, and to assist Tusla, if requested, in assessing a concern which has been the subject of a mandated report.

Relevant Person A person who is appointed by a provider of a relevant service, as part of the requirements of the Children First Act 2015, to be the first point of contact in respect of the provider’s Child Safeguarding Statement.

Relevant Service Schedule 1 of the Children First Act 2015 identifies ‘Relevant Services’ that have specific legal obligations under the Act.

Risk Risk is the effect of uncertainty on objectives. It is measured in terms of consequences and likelihood. In the context of the HSE and its services, it is any condition or circumstance which may impact on the achievement of objectives and/or have a significant impact on the day-to-day operations. This includes failing to maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy, 2018, p. 14). In the context of this Guidance Document the objective relates to safeguarding children and young people from the potential risk of harm.

Risk Register A risk register is a database of assessed risks that face any organisation at any one time. Always changing to reflect the dynamic nature of risks and the organisation’s management of them, its purpose is to help managers prioritise available resources to minimise risk and target improvements to best effect.

Page 4: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

3

Safeguarding Child Safeguarding “…is the action that is taken to promote the welfare of children and protect them from harm. While protecting children from abuse is one part of safeguarding, children and young people also need safeguarding in order for them to grow, develop and achieve their full potential.” (Tusla Child Safeguarding: A Guide for Policy, Procedure and Practice p6). Safeguarding is about protecting children.

• This means being alert to their safety and care• Recognising concerns about a child’s welfare• And taking action when we are worried about a child

Safeguarding is also about promoting children’s welfare. • This means seeking support for children• And hearing children’s voices and thoughts about their lives

Safeguarding is also about providing children with appropriate care. • That is ensuring their basic needs are met• And making sure that they have access to the services that

they require

From “An Introduction to Children First” eLearningprogramme https://www.hseland.ie

Senior Accountable Officer

As defined in the HSE Incident Management Framework (2017) – “the senior accountable officer is the person who has ultimate accountability and responsibility for the services within the area”.

Units of Service Tusla - Child and Family Agency’s Guidance on Developing a Child Safeguarding Statement suggests that large and complex organisations can consider having Child Safeguarding Statements for individual ‘units of service’ where the range of activities provided can be captured more easily.

A unit of service can be department, site, discipline or service specific, as long as the range of activities provided by that service can be accurately captured in one Child Safeguarding Statement.

Page 5: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

4

Introduction

The Children First Act 2015 (the Act) places a number of statutory obligations on organisations providing ‘relevant services’ to children and young people.

ALL relevant services in the HSE have a statutory duty to:

• Keep children and young people safe from harm while availing of the service.

• Undertake a risk assessment of any potential for harm (as defined in the Act) to achild or young person while availing of the service

• Prepare a child safeguarding statement specifying the service being provided andoutlining policies and procedures which are in place to manage the risks identified, toensure, as far as practicable, that a child, while availing of the service, is safe fromharm.

• Appoint a relevant person to be the ‘first point of contact in respect of the provider’sChild Safeguarding Statement’.

Child safeguarding risk assessments inform Child Safeguarding Statements. Child Safeguarding Statements must be displayed publicly where services relate or are provided and must be made available to members of the public, and to Tusla – Child and Family Agency on request.

Child Safeguarding Statements need to be reviewed in full at intervals of not more than 24 months or following a material change in any matter to which the statement refers. If a new service is established, a Child Safeguarding Statement must be created within 3 months of the formation date and reviewed as above thereafter.

This document provides guidance on how to undertake a Child Safeguarding Risk Assessment and develop a Child Safeguarding Statement.

It has been developed with due regard to, and in accordance with: • Children First Act 2015• Children First National Guidance for the Protection and Welfare of the Children 2017,

Chapter 4 (DCYA)• Guidance on Developing a Child Safeguarding Statement (Tusla 2017)• Child Safeguarding: A Guide for Policy, Procedure and Practice (Tusla)• HSE Integrated Risk Management Policy 2017

Note: The Child Safeguarding Risk Assessment process set out in this guidance document is not intended to replace the HSE Integrated Risk Management Policy. It is informed by the policy and merges with it, where the risk identified requires a formal risk assessment.

Page 6: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

5

Developing Child Safeguarding Statements in the HSE

Governance “Large or complex organisations will need to consider whether one Child Safeguarding Statement can capture the range of activities provided. Having individual units of service complete separate Child Safeguarding Statements may provide a more manageable approach for some organisations”.

Tusla – Guidance on Developing a Child Safeguarding Statement (2017 pg. 7)

As the HSE is a large and complex organisation providing a range and variety of services it is not possible to present a prescribed process for completing Child Safeguarding Risk Assessments and Child Safeguarding Statements.

There is no longer a corporate HSE Child Safeguarding Statement that can be ‘cascaded’ to cover all HSE services. Given the size and complexity of the HSE one Child Safeguarding Statement cannot accurately capture the range of activities provided by the organisation. Child Safeguarding Statements can however continue to be developed at CHO/HG/National Service level if the range of activities provided can be captured in one overarching Child Safeguarding Statement.

• The level at which Child Safeguarding Statements can and should be developed rests with Senior Accountable Officers (COs/CEOs, National Managers and/or their delegates).

• The process can be aligned with existing HSE governance structures.• HSE Children First Operational Steering Committees have a role in coordinating and

confirming the implementation of Child Safeguarding Risk Assessments and Safeguarding Statements, as required.

This Guidance document is designed to support operational decision making.

Child Safeguarding Statements Overarching service or site specific Child Safeguarding Statements can be developed and displayed in all locations and/or services to which that Statement relates. Alternatively, more than one Child Safeguarding Statement can be developed per service. This will depend on the ‘range of activities’ and what is determined to be a ‘unit of service’.

Units of service The way in which a service is structured will often dictate what should logically be considered a ‘unit of service’. A unit of service can be site, department, discipline or service specific as long as the range of activities provided by that service can be accurately captured in one Child Safeguarding Statement.

Page 7: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

6

Relevant Person

It is a legal requirement to appoint a ‘relevant person’ for each Child Safeguarding Statement to be the first point of contact in respect of that Statement. While it is not necessary that the ‘relevant person’ is the person to have undertaken the risk assessment, the person appointed should be knowledgeable about the service(s) to which that Statement relates and about the risk assessment process that was undertaken to inform that Statement.

Procedures to be specified in Child Safeguarding Statements

Children First Act 2015 Section 11(3) sets out a number of prescribed procedures that must be specified in a Child Safeguarding Statement. Where possible, National HSE Policies, Procedures, Protocols and Guidelines (PPPGs) have been embedded into the Child Safeguarding Statement template provided in this document (See Appendix 1 for prescribed procedures and corresponding HSE PPPGs).

Two of the prescribed procedures required (Maintaining a list of Mandated Persons and Appointing a Relevant Person) must be developed at local level. Guidance for developing these procedures is provided in Appendix 4 and 5.

Some examples of what could be considered ‘units of service’:

• A CHO/Hospital Group/National Service can be considered a ‘unit of service’ if deemed possible and appropriate to capture the range of services provided in one overarching Child Safeguarding Statement.

• A National Service such as the National Ambulance Service could consider a unit of service to be site specific, as opposed to service specific because the range of activities provided could be better captured geographically at the point of service delivery.

• A Hospital as a whole could be considered a unit of service or it may decide to identify specific wards/departments that are units of service within the hospital e.g. A&E, Paediatrics Ward etc. One overarching Child Safeguarding Statement could be developed for a hospital in that case with additional Child Safeguarding Statements developed thereafter for specific wards/departments if deemed most appropriate.

• A CHO could consider a community service multi-disciplinary team operating from one site to be a unit of service, or it might consider one discipline operating out of a number of different sites such as ‘Speech and Language Therapy Service’ a unit of service.

Page 8: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

7

.

Quality Improvement in Child Safeguarding

In the process of completing the child safeguarding risk assessment issues or areas for improvement that don’t constitute risk may be identified. The HSE Framework for Improving Quality in our Health Service (2016) outlines that improving quality of care is everyone’s business. Proactive child safeguarding quality improvement can enhance the quality of the service that is provided for children and young people and may prevent issues from becoming possible risks in the future. Areas of improvement can be worked on by services locally, progressed through the HSE Children First Governance structure or notified to HSE Quality and Safety Departments or the HSE Children First National Office for support and advice.

Child Safeguarding Risk Assessments

It is a legal requirement for Child Safeguarding Statements to be informed by an assessment of risk. If a ‘unit of service’ consists of a number of services operating from different locations, all associated sites/services must have input into the child safeguarding risk assessment that informs the Child Safeguarding Statement for that ‘unit of service’. It is therefore possible, and often appropriate, for multiple risk assessments to inform one Child Safeguarding Statement.

The child safeguarding risk assessment should be an inclusive process that considers the potential risk of harm to a child at all points of service delivery.

The person who completes the written assessment of risk should have a thorough knowledge of the activities provided by the service and of the potential child safeguarding risks that could arise at all points of service delivery.

Support

All queries regarding use of this document should be raised through relevant Children First Operational Steering Committees, as part of the HSE Children First Governance Structures or with the HSE Children First National Office.

Information and support in relation to the HSE Integrated Risk Management Policy is available also through local Quality and Patient Safety and from Risk Managers.

Page 9: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

8

Workbook to complete your Child Safeguarding Risk Assessment & Child Safeguarding Statement

Before completing Step 4 in this workbook please liaise with your line management structure and/or local Children First Operational Steering Committee for clarity on any decisions made in relation to the ‘level’ at which the Child Safeguarding Statement should be developed for your service.

• Consider how your service worksincluding; where it is located, types ofactivities provided, service user profile andpoints of contact with children andfamilies.

Step 1 Consider your

Service

• Identify potential risks of harm to childrenwithin your service using the workbookprovided.

Step 2 Risk Identification

• Identify what policies and procedures are inplace and specify any additional controlsrequired to manage potential safeguardingrisks within your service.

Step 3 Risk Assessment &

Management

Step 4 Child Safeguarding

Statement Template

•Complete your Child Safeguarding Statement using the template provided at www.hse.ie/childrenfirst.

•Develop procedures for: (1) appointing a relevant person and (2) maintaining a list of mandated persons; guidance provided in Appendix.

•Information and guidance to review and monitor your child safeguarding risk assessment(s) and Child Safeguarding Statement.

Step 5 Monitor & Review

Page 10: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

9

Step 1: Consider your Service

A. Details of Service• Describe where your service is located and what is also located nearby.• Describe in detail what type of activities your service provides (include any online

activity).

Name of Service

Location/locations of Service

Services/Activities Provided

Page 11: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

10

B. Points of Contact with Children and Families (Direct & Indirect)

Having identified services and activities provided now list all points of contact with children, young people and families.

Consider: • Methods of service delivery e.g. home visits, office visits, one-to-one sessions, group

work, overnight stays, online/telephone contact (support/helplines), writtencorrespondence (application forms/supporting documentation).

• Shared spaces; hallways, reception and waiting areas.• Transportation to and from the service.

Think about all the ways in which possible harm to a child or young person might come to your attention. Consider:

• Children as visitors.• Children accompanying adult service users.• Adult service users who are parents.• Adult disclosures that could give rise to child protection or welfare concerns.• The possibility of witnessing something in a car park or waiting area.• The possibility of a child of young person making a disclosure.• The possibility of being told something that could give rise to child protection or

welfare concerns over the phone.• The possibility a child could be put at potential harm from online activity.• Attending meetings or working in sites where children/families are present.

Note points of contact and the ways in which harm might come to your attention:

Page 12: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

11

C. Service User Profile

Describe your service user profile. Keep in mind any additional child and adult vulnerabilities1, and any potential child safeguarding issues that might arise, either directly or indirectly.

Consider: • Disabilities.• Addiction issues.• Mental health issues.• Domestic violence.• Communication difficulties.• Age/developmental stage of child.• Older children attending appointments.• Unaccompanied children and young people e.g. 16 and 17 year olds attending

medical services, etc.

! It is important to think about contact with adult service users who may beparents/guardians and present with issues that give rise to concerns about parentingcapacity.

! If your service has little or no direct contact with children and young people you stillneed to consider the ways, in your service, that possible harm to a child or youngperson might come to your attention

Describe the profile of your service users:

1SeeChildren First National Guidance for the Protection and Welfare of Children 2017 (pg. 1-13) and Child Protection and Welfare Practice Handbook 2 (Tusla – Child and Family Agency, 2018).

Page 13: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

12

Step 2: Risk Identification - Consider Risk of Harm

Now that you have completed Step 1, you need to start thinking about possible risks of harm to children and young people in your service. You will need to refer back to the points of contact with children and families, direct and indirect, as you are going through the risk identification process.

The HSE has identified overarching risk categories that should help you to assess any potential risk of harm to children and young people in your service. The key risk categories identified by the HSE are as follows:

1. Risk of harm to a child by a staff member.

2. Risk of harm to a child from a service user (adult or child), visitor or member of the

public (includes online risk).

3. Risk of harm to a child due to a child protection or welfare concern not being

recognised or reported by a staff member.

4. Risk of harm to a child due to a child protection or welfare concern not being

recognised or reported by a child.

5. Risk of harm to a child due to not implementing the Children First Act 2015 and/or

related guidance in HSE services.

6. Other.

The categories of risk identified by the HSE are not intended to be an exhaustive list. Risks that do not fall within these categories may be identified during this process in the ‘Other’ category. Any additional risks should be assessed in line with this guidance.

When completing your Risk Assessment remember:

A child is defined in the Child Care Act 1991 as a person under the age of 18 years, other than a person who is, or has been, married.

And,

“harm means in relation to a child –

(a) assault, ill-treatment or neglect of the child in a manner that seriouslyaffects or is likely to seriously affect the child’s health, development or welfare,or

(b) sexual abuse of the child,

whether caused by a single act, omission or circumstance or a series or combination of acts, omissions or circumstances or otherwise.”

Page 14: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

13

Risk Category 1: Risk of harm to a child by a staff member

Consider the ways in which children and young people interact with staff members. Think about context, duration, frequency and setting.

Ask yourself: • How might a child or young person be at risk of harm from a staff member?

Key areas to consider: • Information that comes to your attention about a staff member’s conduct• Communication with children, young people and their parents/guardians• Organisational culture• Staff supervision• Professional supervision• Consent• Physical examination• Intimate care• One-to-one working with children• Staff ratios

Note potential risks of harm to a child or general child safeguarding issues here:If the potential risk of harm to a child under this risk area does not apply to your service, you may answer N/A but please use the space below to explain your rationale for this.

Page 15: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

14

Risk Category 1: Risk of harm to a child by a staff member - continued

! It is an offence for an organisation to employ someone to work with children or vulnerablepersons without going through the vetting procedure set out in the National VettingBureau (Children and Vulnerable Persons) Act 2012 – 2016.

! Services should ensure that any staff who are mandated persons are made aware oftheir role and responsibilities.

! Services should ensure that staff are aware of relevant policies such as the HSE Trust inCare policy and the HSE Incident Management Policy

Page 16: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

15

Risk Category 2: Risk of harm to a child from a service user (adult or child), visitor or member of the public (includes online risk)

Consider how children and young people come into contact with other services users and members of the public while present in your service.

Ask yourself: • How might a child or young person be at risk of harm from another service user,

visitor or member of the public?

Key areas to consider: • Shared spaces e.g. waiting rooms, wards, toileting facilities• Supervision of children while on site• Co-location of adult and children’s services• Young people attending adult services e.g. 16 and 17 year olds• Access and exit points e.g. security measures• Visiting procedures (including visiting celebrities and charity personnel)• Online Safety (including children/young people engaging in online activity while

accessing the service, social media usage, blocking inappropriate sites/parental controls, password protecting where necessary, posting photographs online, etc.)

Risk Description Note potential risks of harm to a child or general child safeguarding issues here:

If the potential risk of harm to a child under this risk area does not apply to your service, you may answer N/A but please use the space below to explain your rationale for this.

Page 17: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

16

Risk Category 2: Risk of harm to a child from a service user (adult or child), visitor or member of the public (includes online risk) - continued

Under the Children First National Guidelines for the Protection & Welfare of Children (2017) ! If children or young people have (or could gain) access to the internet in your

service they could become exposed to harm or exploitation. There is an obligation onservices to ensure that any risk of harm regarding online access and usage by childrenand young people is identified and that the policies and procedures that are in place tomanage the risk.

Page 18: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

17

Risk Category 3: Risk of harm to a child due to a child protection or welfare concern not being recognised or reported by a staff member

Consider how concerns might come to the attention of staff members and their capacity to recognise and respond to concerns.

Ask yourself: • What could cause a staff member to fail to recognise and/or respond to a child

protection or welfare concern?

Key areas to consider: • Adult presentation that may impact on a child or the adult’s ability to care for a child.• Child safeguarding training/awareness• Staff awareness of roles and responsibilities• Collaborative working e.g. sharing information• Recognising patterns of abuse• Record keeping and record management e.g. access to records, retention, concerns

reported and not reported• Potential barriers to reporting e.g. access to Tusla’s online portal/contact information

for Tusla (incl. out of hours)

Risk Description Note potential risks of harm to a child or general child safeguarding issues here:

If the potential risk of harm to a child under this risk area does not apply to your service, you may answer N/A but please use the space below to explain your rationale for this.

Page 19: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

18

Risk Category 3: Risk of harm to a child due to a child protection or welfare concern not being recognised or reported by a staff member - continued

! All staff are required to complete the mandatory HSE eLearning training ‘An Introduction to Children First’.

! Services should ensure that all staff familiar with the HSE reporting procedure for child protection and welfare concerns as outlined in the HSE Child Protection & Welfare Policy (2019)

! Do you have all relevant contact information for Tusla in your area and is this to hand for staff, including the local Tusla office number, Tusla Out of Hours number, Tusla webportal address and local Tusla office postal address

Page 20: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

19

Risk Category 4: Risk of harm to a child due to a child protection or welfare concern not being recognised or reported by a child

Sometimes children do not realise that they are being abused. Consider what your service can do to inform children about how they should expect to be treated and cared for.

Children may not be aware that they can speak to someone in your service if they have experienced harm.

Ask yourself: • What could prevent a child or young person from reporting harm in your service?

Key areas to consider: • First contact information e.g. what children and young people can expect from the

service, how they can expect to be treated, limits of confidentiality.• Child friendly safeguarding information.• How staff members involve and communicate with children and young people directly.

Risk Description Note potential risks of harm to a child or general child safeguarding issues here:

If the potential risk of harm to a child under this risk area does not apply to your service, you may answer N/A but please use the space below to explain your rationale for this.

Page 21: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

20

Risk Category 4: Risk of harm to a child due to a child protection or welfare concern not being recognised or reported by a child - continued

Doyouhavechildfriendlyinformation(leaflets/posters)inwaitingareas/relevantareaswithinformationregardingwhoachildcanspeaktoiftheyarebeinghurt(childfriendlyreportingprocedure)?

Be child-centred

“Children and young people who understand the service you are giving them are likely to have a more positive outcome than those who don’t” HSE Working with Children and Young People: A Quick Guide for Frontline Staff (p.2)

Page 22: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

21

Risk Category 5: Risk of harm to a child due to not implementing the Children First Act 2015 and/or related guidance & policies in HSE services

Having considered potential risks of harm to children and young people from others, now consider how not implementing Children First, as it applies to staff or the service, could increase the risk of harm to a child.

Key areas to consider: • Mandated Persons• Reporting thresholds• HSE Mandatory training ‘An Introduction to Children First’• Awareness and implementation of HSE Child Protection and Welfare Policy• HSE Children First Governance Structures – awareness of representative/contact

person on Operational Steering Committee (if relevant)

Risk Description Note potential risks of harm to a child or general child safeguarding issues here:

If the potential risk of harm to a child under this risk area does not apply to your service, you may answer N/A but please use the space below to explain your rationale for this.

Page 23: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

22

Risk Category 5: Risk of harm to a child due to not implementing the Children First Act 2015 and/or related guidance & policies in HSE services - continued

Under the Children First Act 2015 – ! All staff should receive a copy of their service’s Child Safeguarding Statement! All staff should be familiar with the HSE Child Protection & Welfare Policy (2019)! A procedure should be place for appointing a relevant person to be the first point

of contact for a service’s Child Safeguarding Statement! A procedure should be in place for maintaining a list of mandated persons

Page 24: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

23

Risk Category 6: Other Risks/Shared Risks

Having considered all of the above risk categories, can you think of any other risks of harm to children or young people in your service that are not covered by categories 1-5?

Key areas to consider: • Location of service• Shared risks specific to co-located service in one site, building, environment, layout

(Risk of ‘harm’ regarding abuse to a child not health & safety risks)• Liaising with other professionals in a shared building/ site regarding any risk of harm

of abuse to children that might be shared by all, due to being co-located• Security measures

Risk Description Note potential risks of harm to a child or general child safeguarding issues here:

If the potential risk of harm to a child under this risk area does not apply to your service, you may answer N/A but please use the space below to explain your rationale for this.

Page 25: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

24

Risk Category 6: Other Risks/Shared Risks - continued

Be child-centred

The environment should be adaptable to the needs of different age groups and not be focused on one particular age group” HSE National Healthcare Charter Paediatric Services (2012, p. 16)

Page 26: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

25

Step 3: Risk Assessment and Management

Having completed Step 2:

• Assess and manage potential child safeguarding risks that exist within your service.• Consider what policies, procedures or protocols i.e. ‘controls’, are, or should be, in

place to reduce identified risks (see Appendix 3 for a list of HSE PPPGs thatcontribute to child safeguarding).

• For each category of risk outlined identify existing or necessary controls• If additional controls are required to manage a risk:

o specify the nature of the action to be taken.o assign responsibility for that action to a named person(s) and the timeframe

for that action to be completed. Templates provided will form action plans thatcan be reviewed and updated as necessary.

There are two ways in which risks can be managed.

1. InformallyRisks can be managed ‘informally’ using the templates/action plans provided in thisdocument when controls can be identified and implemented immediately within yourservice. Informal risk management plans might include controls such as increasedstaff supervision or assurance measures in relation to systems already in place.Risks that do not require formal management plans do not need to be included onrisk registers. In most instances risk can be managed informally.

2. FormallyRisks must be managed ‘formally’ using the HSE Integrated Risk Management Policy2017 when (a) controls cannot be identified (b) identified controls cannot beimplemented immediately within your service (c) the level of risk warrants the risk tobe formally assessed, rated and included on a risk register.

It is essential that you retain the completed workbook and templates to evidence the risk assessment that was undertaken by your service. Any formal risk assessments undertaken using the HSE Integrated Risk Management Policy 2017 should also be attached.

Note: • If there is a specific risk of harm to an identified child, this must be reported to Tusla.• If there is an incident identified where harm to a specific child has occurred on site, as

well as reporting to Tusla, this must also be reported using the HSE IncidentManagement Framework (2018).

Page 27: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

26

Child Safeguarding Risk Assessment Template & Action Plan

Risk Category 1: RISK OF HARM TO A CHILD BY A MEMBER OF STAFF - Page 1 of 2

Risk Description

Controls – (What is or should be in place)

Is this control in place and being implemented?

Details of further action if required

Person(s) Responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 28: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

27

Risk Category 1: RISK OF HARM TO A CHILD BY A MEMBER OF STAFF - Page 2 of 2

Risk Description

Controls – (What is or should be in place)

Is this control in place and being implemented?

Details of further action if required

Person(s) Responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 29: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

28

Risk Category 2: RISK OF HARM TO A CHILD FROM A SERVICE USER (ADULT OR CHILD), VISITOR OR MEMBER OF THE PUBLIC (INCLUDES ONLINE RISK) – Page 1 of 2 Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person(s) responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 30: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

29

Risk Category 2: RISK OF HARM TO A CHILD FROM A SERVICE USER (ADULT OR CHILD), VISITOR OR MEMBER OF THE PUBLIC (INCLUDES ONLINE RISK) – Page 2 of 2

Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person(s) responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 31: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

30

Risk Category 3: RISK OF HARM TO A CHILD DUE TO A CHILD PROTECTION OR WELFARE CONCERN NOT BEING RECOGNISED OR REPORTED BY STAFF – Page 1 of 2 Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person(s) responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy (2017) and attach

associated documentation)

Yes No Yes but - further action is required to put control in place.

Page 32: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

31

Risk Category 3: RISK OF HARM TO A CHILD DUE TO A CHILD PROTECTION OR WELFARE CONCERN NOT BEING RECOGNISED OR REPORTED BY STAFF – Page 2 of 2

Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person(s) responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy (2017) and attach

associated documentation)

Yes No Yes but - further action is required to put control in place.

Page 33: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

32

Risk Category 4: RISK OF HARM TO A CHILD DUE TO A CHILD PROTECTION OR WELFARE CONCERN NOT BEING RECOGNISED OR REPORTED BY A CHILD – Page 1 of 2 Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person/s responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 34: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

33

Risk Category 4: RISK OF HARM TO A CHILD DUE TO A CHILD PROTECTION OR WELFARE CONCERN NOT BEING RECOGNISED OR REPORTED BY A CHILD – Page 2 of 2

Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person/s responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 35: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

34

Risk Category 5: RISK OF HARM TO A CHILD DUE TO NOT IMPLEMENTING THE CHILDREN FIRST ACT 2015 AND/OR RELATED GUIDANCE IN HSE SERVICES – Page 1 of 2 Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person/s responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 36: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

35

Risk Category 5: RISK OF HARM TO A CHILD DUE TO NOT IMPLEMENTING THE CHILDREN FIRST ACT 2015 AND/OR RELATED GUIDANCE IN HSE SERVICES – Page 2 of 2

Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person/s responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 37: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

36

Risk Category 6: OTHER – Page 1 of 2

Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person/s responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 38: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

37

Risk Category 6: OTHER – Page 2 of 2

Risk Description

Controls – (What is or should be in place)

Is this control in place and being used?

Details of further action if required

Person/s responsible

Timeframe Does this require a formal risk

management plan? (if ‘yes’ assess using

Integrated Risk Management Policy

2017 and attach associated

documentation)

Yes No Yes but - further action is required to put control in place.

Page 39: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

38

Before completing Step 4 please liaise with your line management structure and/or local Children First Operational Steering Committee for clarity on any decisions made in relation to the ‘level’ at which the Child Safeguarding Statement should be developed for your service.

Developing a Child Safeguarding Statement

Template can be downloaded separately from the HSE Children First website (www.hse.ie/childrenfirst). The template provided in this document is for illustration purposes only.

To develop a Child Safeguarding Statement using the template provided you will be asked to input the following details based on information gathered in previous steps:

• Name of service• Service description/activities provided• Service user profile• Details of any additional risks that cannot be captured under risk categories 1-5• Details of any additional/local procedures to manage identified risks• Name and contact details of a relevant person to be the first point of contact for

your Child Safeguarding Statement

Children First Act 2015 Section 11(3) sets out a number of prescribed procedures that must be specified in a Child Safeguarding Statement. Where possible, National HSE Policies, Procedures, Protocols and Guidelines (PPPGs) have been embedded into the Child Safeguarding Statement template provided in this document (See Appendix 1 for prescribed procedures and corresponding HSE PPPGs).

Step 4: Child Safeguarding Statement

Overarching Child Safeguarding Statements

If a decision has been taken to develop an overarching Child Safeguarding Statement at a level above your service it is important that the risk assessment undertaken by your service (Workbook Steps 1-3) informs, and can clearly be aligned to, that overarching Child Safeguarding Statement.

If the risk assessment undertaken by your service cannot be aligned to an overarching Child Safeguarding Statement e.g. if you have identified additional risks/safeguarding procedures applicable to your service only or if the range of activities provided by your service cannot be sufficiently captured in an overarching Statement then your service should seek to develop its own Child Safeguarding Statement.

Contacts details for the person who coordinated the risk assessment process undertaken at your service should be communicated to the ‘relevant person’ appointed and named on any overarching Child Safeguarding Statement.

Page 40: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

39

Two of the prescribed procedures required (Maintaining a list of Mandated Persons and Appointing a Relevant Person) must be developed at local level. Guidance for developing these procedures is provided in Appendix 4 and 5.

Children First Act 2015 11. (5) “A provider of a relevant service shall furnish a copy of the provider’s child

safeguarding statement –

(a) to members of staff of the provider, and(b) on request –

(i) To a parent or guardian, as the case may be, of a child availing of therelevant services,

(ii) To the Agency, or(iii) To members of the public.

(6) As soon as may be after the preparation of a child safeguarding statement or anyreview of it, the provider shall display the statement in a prominent place where therelevant service concerned relates or is provided, or both, as may be appropriate”.

Page 41: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

Child Safeguarding Statement

(Name of Service)

The Health Service Executive (HSE) provides a range of health and social services to children and adults in hospitals, health facilities and communities across the country. The HSE directly employs approximately 77,000 staff and up to a further 42,000 are employed by the Voluntary Hospitals and Bodies funded by the HSE. The safety, welfare and development of children and young people are core objectives and key priorities for the HSE. Every staff member has a responsibility and duty of care to ensure that every child/young person availing of and/or attending our service is safe and protected from harm. Policies and procedures have been developed at national and local levels to promote safe environments for children and young people; to mitigate the potential for risk to arise, and to manage it safely where it does. The policies and procedures outlined in this Child Safeguarding Statement apply to all staff (employees, students, trainees, volunteers, contractors and any other person) performing any role of function in, or on behalf of this service.

Description of service and activities provided:

Risk AssessmentThis Child Safeguarding Statement was informed by a comprehensive Child Safeguarding Risk Assessment(s). The HSE has identified five overarching risk categories (with the option of adding additional risks as necessary) that services use to assess any potential risk of harm to children and young people. The risks applicable to this Child Safeguarding Statement are:

1. Riskofharmtoachildbyastaffmember.2. Risk of harm to a child from a service user (adult or child), visitor or member of the public (includes online risk).3. Riskofharmtoachildduetoachildprotectionorwelfareconcernnotbeingrecognisedorreportedbyastaffmember.4. Riskofharmtoachildduetoachildprotectionorwelfareconcernnotbeingrecognisedorreportedbyachild.5. RiskofharmtoachildduetonotimplementingtheChildrenFirstAct2015and/orrelatedguidanceinHSEservices.6. Other (Additional Risks identified)

Risk assessments are treated as live documents that are maintained and monitored as necessary and appropriate. All Child Safeguarding Risk Assessments carried out by HSE services list the procedures and control measures (both national and local) that are necessary and/or in place to mitigate any risks identified. Where necessary, risks are managed in line with the HSE Integrated Risk Management Policy. Queries regarding the Child Safeguarding Risk Assessment(s) carried out by this service for the purpose of developing this Child Safeguarding Statement should be directed to the named relevant person.

Procedures - (All HSE National PPPGs are available at www.hse.ie). This Child Safeguarding Statement has been developed with due regard to, and in accordance with, the Children First Act 2015, Children First National Guidance for the Protection and Welfare of Children (2017), HSE Guidance on Developing a Child Safeguarding Statement and Guidance issued by Tusla – Child and Family Agency. The following HSE policies and procedures support our intention to safeguard children availing of this HSE service:

• Integrated Risk Management Policy to assess and manage any risk of harm;• HSE Incident Management Framework 2018 to inform HSE management of any incident where a child has been harmed while availing of the service;• Trust in Care Policy and related procedures to investigate an allegation made against a staff member;• Recruitment policies to ensure the selection and recruitment of staff who are suitable to work with children (includes Garda Clearance of New Employees Policy 2007);• “An Introduction to Children First” mandatory eLearning training for all HSE staff;• HSE Child Protection and Welfare Reporting Procedure (HSE Child Protection and Welfare Policy 2019);• HSE National I.T. Policies & Standards to ensure online safety (includes Electronic Communications Policy 2019 and Internet Content Filter Standard 2011);• HSE Code of Standards and Behaviour 2009.• Procedure for maintaining a list of Mandated Persons• Procedure for appointing a Relevant Person (See named person below)

Additional Procedures to manage risks as identified above - (Local procedures are available through named Relevant Person)

GovernanceCommunity Healthcare Organisation (CHO) Chief Officers, Hospital Group (HG)/Hospital Chief Executive Officers and HSE National Managers have operational responsibility for ensuring Child Safeguarding Risk Assessments and Child Safeguarding Statements are completed in HSE ‘relevant services’ under their designated areas of responsibility. Governance is supported through the HSE Children First Governance Structures.

Implementation All Service Managers are responsible for ensuring that the policies and procedures outlined in this Child Safeguarding Statement are in place and operating effectively.

Relevant Person Name and Contact Details:

) Date:Signed:

ADDITIONAL LOGO IF

REQUIRED

oubleClickon contoAdd our ogo

(Title -

Print Name:

(CO/CEO/Service Manager or delegate)

Page 42: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

41

Step 5: Monitor & Review

Child Safeguarding Statement:

Once completed your Child Safeguarding Statement is a ‘fixed’ document.

The Act sets out at sections 11(7) & 11(8), that the Child Safeguarding Statement should be reviewed:

• at intervals of not more than 24 months, or,• as soon as practicable after there has been a material change in any matter to

which the statement refers.

Child Safeguarding Risk Assessment:

Child Safeguarding Risk Assessments are ‘live’ documents.

It is up to you as a service to ensure that you are monitoring and reviewing the risks and issues that have been identified; to ensure that actions have been put in place or are being developed and to liaise with the ‘person/s responsible’ for any follow up action required. Your service may decide to change the status of risks accordingly over time. You should be reviewing your Child Safeguarding Risk Assessment no less than every 6 months.

Risks that require a formal risk management plan should be managed in line with the HSE Integrated Risk Management Policy (2017) and should therefore be reviewed and monitored in line with the HSE Integrated Risk Management Policy (2017).

Child Protection is everybody’s responsibility and your service should be able to consider and assess any new risks of harm to children or child safeguarding issues whenever they arise, using the above process. You should consider the ways in which your service can keep your Child Safeguarding Risk Assessment ‘live’ in your service. For instance you may consider:

• Having ‘Child Safeguarding Risk Assessments’ as a rolling item on your teammeeting or management meeting agendas.

• Ensuring that Child Safeguarding Risk Assessment is a feature of any Quality &Risk or Quality & Patient Service meetings that you might have in your service.

• Include Child Safeguarding Risk Assessment as an agenda item in staffsupervision.

• Include Child Safeguarding as part of team development or Continuing ProfessionalDevelopment days.

Be child-centred

A good time to involve families, children and young people and to take their feedback on board is when you are reviewing your service or planning a service development HSE Working with Children and Young People: A Quick Guide for Frontline Staff (p.2)

Page 43: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

42

Appendix 1 Prescribed procedures, under the Children First Act 2015, that must be specified in a child safeguarding statement, and corresponding HSE policies, procedures, protocols and guidance (PPPG) documents.

PPPGs listed in the Child Safeguarding Statement Template Prescribed under the Children First Act 2015

PPPG Where to find it Relevance to Child Safeguarding

(a) To manage any riskidentified

HSE Integrated Risk Management Policy 2017

https://www.hse.ie/eng/about/qavd/riskmanagement/risk-management-documentation/hse%20integrated%20risk%20management%20policy%202017.html

“It is the policy of the HSE to manage risk on an integrated basis, i.e. inclusive of all risk whether to do with the management or service delivery processes. This involves proactively identifying risks that threaten the achievement of objectives, e.g. the delivery of high quality safe care, compliance with legal and regulatory requirements and to putting in place actions to reduce these to an acceptable level.” (p4)

HSE Incident Management Framework 2018

https://www.hse.ie/eng/services/news/media/pressrel/hse-launches-incident-management-framework.html

The incident management framework is designed to provide health and social care services with a practical and proportionate approach to the management of incidents. The Incident Management Framework seeks to place a particular emphasis on supporting the needs of service users, families and staff in the aftermath of an incident.”

There are references to incidents involving allegations of service user abuse. The framework outlines, in Section 5, reporting requirements external to the service where the incident took place. In relation to incidents of alleged child abuse or neglect this is to Tusla child and Family Agency and An Garda Síochána (Section 5, p 21).

Page 44: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

43

Prescribed under the Children First Act 2015

PPPG Where to find it Relevance to Child Safeguarding

HSE Electronic Communications Policy 2019

https://www.hse.ie/eng/services/publications/pp/ict/

This policy contributes to online safety, as it sets out the HSE National position regarding “proper use of its electronic communications, email, internet and facsimile (fax) services”. This includes principles of acceptable use, monitoring, information sharing, email, internet and social media usage, security and unacceptable usage

Internet Content Filter Standard 2011

https://www.hse.ie/eng/services/publications/pp/ict/

This policy contributes to online safety, as it defines “the acceptable use of the HSE’s internet services and describe which categories of internet content are accessible to HSE employees and which are filtered (blocked)”. This includes, what internet content is filtered, how access occurs, monitoring and withdrawal of internet services.

(b) In respect of anymember of staff who isthe subject of anyinvestigation(howsoever described)in respect of any act,omission orcircumstance in respectof a child availing of therelevant service

Trust in Care Policy 2005

https://www.hse.ie/eng/staff/resources/hrppg/trust-in-care.html

“This policy is about Upholding the Dignity and Welfare of Patient/Clients and the Procedure for Managing Allegations of Abuse against Staff Members. It sets out clear procedures for dealing with allegations of abuse made against staff members and volunteers”

“It is acknowledged that health care and social care agencies have a duty of care to their patients/clients that goes beyond their duty as employers and this policy must therefore be accompanied by other safe care policies and statutory guidelines, such as Children First, National Guidance for the Protection and Welfare of Children 2017.”

Page 45: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

44

Prescribed under the Children First Act 2015

PPPG Where to find it Relevance to Child Safeguarding

(c) For the selection orrecruitment of anyperson as a member ofstaff of the provider withregard to that person’ssuitability to work withchildren

Recruitment Policy – Garda Clearance of New Employees 2007

https://www.hse.ie/eng/staff/resources/hrppg/ “The HSE will carry out Garda Vetting Clearance on all new employees where their role is engaged in relevant work (e.g. access to, or contact with, children or vulnerable adults). New employees engaging in relevant work will not take up duty until the Garda Vetting Clearance process has been completed and the HSE is satisfied that such an appointment does not pose a risk to clients, service users and employees. “ https://www.hse.ie/eng/staff/jobs/recruitment-process/garda-clearance.html

Further information on the Garda Vetting process is available from the National Vetting Bureau: https://vetting.garda.ie/Help/FAQ

HSE Code of Standards and Behaviour 2009

https://www.hse.ie/eng/staff/resources/hrppg/ This Code of Standards and Behaviour for the HSE was introduced in accordance with section 25(3) of the Health Act 2004 and the Ethics in Public Office Acts 1995 to 2001 and applies to all employees of the HSE, organisations funded by the HSE and suppliers of service. “The Code of Standards and Behaviour sets out a clear framework within which employees must work. It sets out in a single document the principles which should govern the behaviour of employees and the values which the HSE espouses”.

(d) For the provision ofinformation and, wherenecessary, instructionand training, to membersof staff of the provider inrelation to theidentification of theoccurrence of harm

Mandatory Training – An Introduction to Children First

Available at www.hseland.ie

A classroom based version of the programme is available through the Children First National Office for those who cannot access it online. https://www.hse.ie/eng/services/list/2/primarycare/childrenfirst/contactus/

“The aim of this programme is to raise awareness and increase knowledge of child abuse and child welfare issues and to clarify personal, legal and organisational roles and responsibilities in recognising, responding to and reporting child protection and welfare concerns as set out in Children First: National Guidance for the Protection and Welfare of Children 2017 and the Children First Act 2015.”

Page 46: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

45

* It is important to check with senior management or with the local Children First Operational Steering Committee to establish if any suchprocedures have been developed at CHO/HG/NS level.

Prescribed under the Children First Act 2015

PPPG Where to find it Relevance to Child Safeguarding

(e) For reporting to theAgency by the provideror a member of staff ofthe provider (whether amandated person orotherwise) inaccordance with thisAct or the guidelinesissued by the Ministerunder section 6

HSE Child Protection and Welfare Policy

https://www.hse.ie/eng/services/list/2/primarycare/childrenfirst/hse-child-protection-and-welfare-policy/

The HSE Child Protection and Welfare Policy sets out the roles, responsibilities and procedures to ensure the effective management of child protection and welfare concerns in the HSE.

(f) For maintaining a list ofthe persons (if any) inthe relevant servicewho are mandatedpersons

To be developed locally

Appendix 3 of the Guidance for HSE Child Safeguarding Statements and Risk Assessment Workbook provides guidance for developing a procedure for maintaining a list of mandated persons

Requirement under the Children First Act 2015

(g) For appointing arelevant person for thepurposes of the ChildSafeguardingStatement

To be developed locally

Appendix 4 of the Guidance for HSE Child Safeguarding Statements and Risk Assessment Workbook provides Guidance for Appointing a Relevant Person as a point of contact for the Child Safeguarding Statement

Requirement under the Children First Act

Page 47: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

46

Appendix 2 List of additional HSE policies, procedures, protocols and guidance documents that contribute to child safeguarding Note: This is not intended to be an exhaustive list. Services may identify additional PPPGs.

Some additional PPPGs and resources that contribute to child safeguarding

PPPG/Resource Where to find it Relevance to Child Safeguarding HSE Induction Guidelines and Checklist

https://www.hse.ie/eng/staff/resources/employee-resource-pack/

Includes reference to Children First National Guidance for the Protection and Welfare of Children

Disciplinary Procedures for Employees of the HSE 2007

https://www.hse.ie/eng/staff/resources/hrppg/disciplinary-procedure-for-employees-of-hse-2007.html

“The purpose of this disciplinary procedure is to ensure that all HSE employees adhere to the required standards by making them aware of any shortcomings and identifying how the necessary improvements can be achieved.”

This procedure outlines examples of conduct which may lead to disciplinary action. This includes “abuse of a patient/client (following a complaint being upheld under the Trust in Care Policy).

National Consent Policy V. 1.3 (revised June 2019)

https://www.hse.ie/eng/about/who/qid/other-quality-improvement-programmes/consent/

“In any matter relating to children, the child’s best interests are of paramount importance. This policy advocates for a child-centred approach to be taken in relation to any decision in the area of health and social care services as they relate to children. Such an approach involves putting the interests and wellbeing of the child at the centre of all decisions and ensuring that the child’s own voice is heard and respected as far as possible.” (p21)

Part 2 of this policy “Children and Minors” provides information involving children in decision making. It includes information about the role of parents and legal guardians, who can give consent, age of consent, and also consent for children in state care, consent where parents are minors.

Page 48: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

47

PPPG/Resource Where to find it Relevance to Child Safeguarding Protected Disclosure Procedures 2018

https://www.hse.ie/eng/staff/resources/hrppg/protected-disclosures-of-information-in-the-workplace-.html

“The HSE is committed to maintaining the highest possible standards of care for patients and clients, to providing employees with a healthy and safe working environment and to complying with its legal obligations. These Procedures seek to promote a culture of openness and accountability in which protected disclosures …. can be made without fear of reprisal.” (p 2) A definition of protected disclosures is provided in the document.

Open Disclosure Policy 2019

https://www.hse.ie/eng/about/who/qid/other-quality-improvement-programmes/opendisclosure/

“It is the policy of the HSE that we 1. communicate with our patients in an open, honest,transparent and empathic manner following patientsafety incidents,2. provide our patients with a sincere and meaningful

apology when they are harmed as a result of apatient safety incident, and3. begin the communication process within 24 – 48

hours of the incident occurring or becoming known tothe health services provider or as soon as possibleafter the incident happens.”

Complaints policy - Your Service Your Say the Management of Service User Feedback for Comments, Compliments and Complaints HSE Policy 2017

https://www.hse.ie/eng/about/qavd/complaints/ysysguidance/ A leaflet providing information to children and young people about the HSE complaints policy has been developed in association with the Youth Advisory Council. Copies of this leaflet are available to order from www.healthpromotion.ie You will need to register as a professional to order these.

Page 49: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

48

PPPG/Resource Where to find it Relevance to Child Safeguarding HSE Tusla Joint Protocol for Interagency Collaboration between the Health Service Executive and Tusla-Child and Family Agency to Promote the Best Interests of Children and Families 2017

https://www.tusla.ie/uploads/content/HSE_Tusla_Joint_Working_Protocol_v_1.0_March_2017_Signed.pdf

A full list of Tusla publications is available at: https://www.tusla.ie/publications/

“This protocol has been developed to assist staff in managing the emerging interface and to clarify the separate and distinct roles and responsibilities of both agencies and to develop and enhance a collaborative partnership between the HSE and the Child and Family Agency. This will lead to a consistent approach where services are delivered appropriately, meeting the clinically assessed, holistic needs of children and their families within available resources and in accordance with Government policies and legislative requirements.” (p6)

HSE and Tusla Hidden Harm Practice Guide 2019

HSE and Tusla Hidden Harm Strategic Statement: Seeing through Hidden Harm to Brighter Futures 2019

Both available at: https://www.hse.ie/eng/about/who/primarycare/socialinclusion/about-social-inclusion/news/hse-and-tusla-launch-new-%E2%80%98hidden-harm-initiative-to-support-children-whose-parents-misuse-alcohol-and-other-drugs.html

“These publications set out how the HSE and Tusla intend to bridge the gap between adult and children’s services, in favour of a more family-focused approach that considers the needs of dependent children and other family members.

The adverse experience of children living with, and impacted by, parental substance misuse has been termed ‘Hidden Harm’, as these children are often unknown to services, and they suffer harm due to compromised parenting.”

Page 50: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

49

Appendix 3 Guidance for developing a procedure for maintaining a list of Mandated Persons

Guidance for developing a procedure for maintaining a list of Mandated Persons under the Children First Act 2015 (Schedule 2)

Step1-DecideatwhatlevelthelistofMandatedPersonsshouldbeheld- ThelistcouldbeheldatIndividualServicelevel/byHeadsofService/atorganisational

(CHO/HospitalGroup/NationalService)level.

Step2–OutlinehowMandatedPersonsaretobeidentified- Schedule2oftheChildrenFirstAct2015canbeusedtoidentifymostMandatedPersons

byjobtitle.ThiscouldbedonemanuallyateachservicelevelorsupportedthroughHRsystems

- SomeMandatedPersonsmaynotbeidentifiedautomaticallybytheirjobtitlei.e.registeredprofessionalsnotworkingassuch(asperpoints1-6ofSchedule2)butwhobyvirtueoftheirqualification/professionalregistrationstatusareMandatedPersons.Outlinehowtheywilltheybeidentifiede.g.individualservicemanagersmustaskallstafftoself-identifyiftheyareaMandatedPerson.

Step3-Outlinehowthelist(s)istobemadeaccessibleandprovidedtotheChiefOfficer/ChiefExecutiveOfficer/NationalServiceManageroranyinspectoratebody,onrequest.

Step4–Outlinehowthelist(s)ofMandatedPersonsistobemaintained- Howoften?Atthepointofanychangetostaffingintheservice,throughdeparture,

transferorrecruitment,or,atspecifiedintervalse.g.every6 months.

Page 51: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

50

ScheduleofMandatedPersonsundertheChildrenFirstAct(Schedule2,ChildrenFirstAct2015)

1. Registeredmedicalpractitionerwithinthemeaningofsection2oftheMedicalPractitionersAct2007.

2. Registerednurseorregisteredmidwifewithinthemeaningofsection2(1)oftheNursesandMidwivesAct2011.

3. Physiotherapistregisteredintheregisterofmembersofthatprofession.4. Speechandlanguagetherapistregisteredintheregisterofmembersofthatprofession.5. Occupationaltherapistregisteredintheregisterofmembersofthatprofession.6. Registereddentistwithinthemeaningofsection2oftheDentistsAct1985.7. Psychologistwhopractisesassuchandwhoiseligibleforregistrationintheregister(ifany)

ofmembersofthatprofession.8. Socialcareworkerwhopractisesassuchandwhoiseligibleforregistrationinaccordance

withPart4oftheHealthandSocialCareProfessionalsAct2005intheregisterofthatprofession.

9. SocialworkerwhopractisesassuchandwhoiseligibleforregistrationinaccordancewithPart4oftheHealthandSocialCareProfessionalsAct2005intheregister(ifany)ofthatprofession.

10. Emergencymedicaltechnician,paramedicandadvancedparamedicregisteredwiththePre-HospitalEmergencyCareCouncilunderthePre-HospitalEmergencyCareCouncil(Establishment)Order2000(S.I.No.109of2000).

11. Probationofficerwithinthemeaningofsection1oftheCriminalJustice(CommunityService)Act1983.

12. TeacherregisteredwiththeTeachingCouncil.13. MemberofAnGardaSíochána.14. Guardianadlitemappointedinaccordancewithsection26oftheChildCareAct1991.15. Personemployedinanyofthefollowingcapacities:

(a) managerofdomesticviolenceshelter;(b) managerofhomelessprovisionoremergencyaccommodationfacility;(c) managerofasylumseekeraccommodation(directprovision)centre;(d) addictioncounselloremployedbyabodyfunded,whollyorpartly,outofmoneys

providedbytheOireachtas;(e) psychotherapistorapersonprovidingcounsellingwhoisregisteredwithoneofthe

voluntaryprofessionalbodies;(f) managerofalanguageschoolorotherrecreationalschoolwherechildrenresideaway

fromhome;(g) memberoftheclergy(howsoeverdescribed)orpastoralcareworker(howsoever

described)ofachurchorotherreligiouscommunity;(h) directorofanyinstitutionwhereachildisdetainedbyanorderofacourt;

Page 52: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

51

(i) safeguardingofficer,childprotectionofficerorotherperson(howsoeverdescribed)whoisemployedforthepurposeofperformingthechildwelfareandprotectionfunctionofreligious,sporting,recreational,cultural,educationalandotherbodiesandorganisationsofferingservicestochildren;

(j) childcarestaffmemberemployedinapre-schoolservicewithinthemeaningofPartVIIAoftheChildCareAct1991;

(k) personresponsibleforthecareormanagementofayouthworkservicewithinthemeaningofsection2oftheYouthWorkAct2001.

16. Youthworkerwho—(a) holdsaprofessionalqualificationthatisrecognisedbytheNationalQualifications

Authorityinyouthworkwithinthemeaningofsection3oftheYouthWorkAct2001orarelateddiscipline,and

(b) isemployedinayouthworkservicewithinthemeaningofsection2oftheYouthWorkAct2001.

17. FostercarerregisteredwiththeAgency.18. Apersoncarryingonapre-schoolservicewithinthemeaningofPartVIIAoftheChildCare

Act1991.

Page 53: Guidance for HSE Child Safeguarding Statements and Risk ......maximise any opportunity that would help the HSE or service meet its objectives (HSE Integrated Risk Management Policy,

52

Appendix 4 Guidance for Appointing a Relevant Person as a point of contact for the Child Safeguarding Statement

Guidance for appointing a Relevant Person as the point of contact for the Child Safeguarding Statement, as required under the Children

First Act 2015

• A ‘Relevant Person’ is defined in the Children First Act 2015 as a person who is appointed by aprovider of a relevant service to be the first point of contact in respect of the provider’s ChildSafeguarding Statement.

• The ‘Relevant Person’ appointed must be knowledgeable about the activities provided by theservice(s) to which the Child Safeguarding Statement relates and about the process that wasundertaken to assess any potential for harm to a child while availing of that service.

• A ‘Relevant Person’ appointed to be the first point of contact for an overarching ChildSafeguarding Statement must maintain a list of persons that can be contacted for furtherinformation in respect of each service to which the Statement relates.

• The ‘Relevant Person’ must be named and their contact details provided on the ChildSafeguarding Statement.