Introduction
The Designated Safeguarding Lead as mentioned in this policy is currently the CEO, Kimberley Ward.
Lothian Community Transport Service (LCTS) is an independent organisation that provides, promotes and supports high quality passenger transport services.
The welfare of our service users, staff and volunteers will always be paramount. Therefore, LCTS must make sure that the people it is working with are exposed to minimal risk in all matters and also to make sure that its staff and volunteers are likewise at minimal risk of being exposed to a safeguarding incident.
LCTS’ Safeguarding Policy applies to anyone working or volunteering on behalf of the organisation.
The purpose of this policy is:
- To protect children, young people and vulnerable adults who receive assistance from our group.
- To provide staff, volunteers and anyone working on behalf of LCTS with the overarching principles that underpin the organisation’s approach to Safeguarding.
Reporting Procedure
The policy has been drawn up on the basis of law and guidance that seeks to protect children, young people and vulnerable adults, namely:
- The Mental Health (Care & Treatment)(Scotland) Act 2003
- The Protection of Vulnerable Groups)(Scotland) Act 2007
- The Children Act (Scotland) (1995)
- Protection of Freedoms Act (2012)
- The Children Act (Scotland) (2020)
- The Children and Young People Act (Scotland) (2014)
- The Data Protection Act (2018)
- The Care Act (2014)
- The Public Interest Disclosure Act (1998)
Combined children, Young Person and Vulnerable Adults Safeguarding Policy
Definitions – Young Person/Vulnerable Adult in the context of this policy. A young person is defined as anyone aged less than 18 years. A vulnerable adult is a person over the age of 18 years who:
- is or may be in need of /eligible for Community Care Services by reason of mental or other disability, age or illness
- AND is unable to take care of themselves
- OR is unable to protect themselves from significant harm or exploitation
This includes people:
- With a mental health need
- With a learning difficulty
- With physical impairment
- With sensory impairment
- With substance or alcohol dependency
- Who receive personal care, nursing or support to live independently in their own home or a care home
- Who are older and frail
- Who are family carers providing assistance to another vulnerable adults.
People who may be vulnerable to abuse
Abuse is a violation of an individual’s human and civil rights by any other persons(s) or group of people. Abuse may be single or repeated acts. It can be:
Physical abuse: for example, hitting, slapping, burning, pushing, restraining or giving the wrong medication.
Psychological abuse: including emotional abuse, threats of harm or abandonment, shouting, swearing, frightening, blaming, ignoring or humiliating a person, intimidation, verbal abuse.
Financial: including the illegal or unauthorised use of a person’s property, money, pension book or other valuables, pressure in connection with wills, property or inheritance.
Sexual: such as forcing a person to take part in any sexual activity without his or her informed consent – this can occur in any relationship.
Discriminatory: including racist or sexist remarks or comments based on a person’s disability, age or illness, and other forms of harassment, slurs or similar treatment. This also includes stopping someone from being involved in religious or cultural activity, services or support networks.
Institutional: the collective failure of an organisation to provide an appropriate and professional service to people at risk of abuse. This includes a failure to ensure the necessary safeguards are in place to protect adults and maintain good standards of care in accordance with individual needs, including training of staff, supervision and management, record keeping and liaising with other providers of care.
Domestic Abuse: incident or pattern of incidents of controlling coercive or threatening behaviour, violence, or abuse by someone that can be a partner or family member, regardless of gender or sexuality.
Neglect and acts of omission: including ignoring medical or physical care needs. These can be deliberate or unintentional, amounting to abuse by a carer or self-neglect by the vulnerable person: for example, where a person is deprived of food, heat, clothing, comfort or essential medication, or failing to provide access to appropriate health or social care services.
How Might We Notice Abuse?
Concerns about or evidence of abuse can come to us through:
- A direct disclosure by the child, young person or adult.
- A complaint or expression of concern by a staff member, a volunteer, a carer, a member of the public or relative.
- An observation of the behaviour of the person by staff, a volunteer, member of the public or carer.
Safeguarding is the responsibility of everyone, either within or acting on behalf of the organisation. All staff and volunteers of LCTS play an important part in promoting the safety and protection of the young people and vulnerable adults with whom the organisation works. Everyone within LCTS needs to be alert to the potential of abuse of children, young people and vulnerable adults both within their families and also from other sources – including abuse by staff or volunteers of the organisation. There is an expected responsibility for all staff and volunteers of the organisation to respond to any suspected or actual abuse of a child, young person or vulnerable adult in accordance with this Policy and procedures.
DOING NOTHING IS NOT AN OPTION – If we know or suspect that a child, young person or vulnerable adult is being abused, we will do something about it and ensure our work is properly recorded.
Training of Staff & Volunteers
Induction for staff and volunteers will include information on all relevant policies and procedures, including the Safeguarding of children, young people and vulnerable adults. All members and volunteers will be required to read LCTS’ Safeguarding Policy.
All staff and volunteers who come into contact with members of the public will be required to complete Level One Safeguarding Training.
All staff and volunteers providing the service will be able to contact the Designated Safeguarding Lead, who will provide appropriate ongoing support and supervision should an incident occur.
Where children, young people or vulnerable adults are accessing services, staff or volunteers should not be left alone and a passenger escort should be present.
Reporting Procedure
Abuse of vulnerable adults and young people can take many forms including physical, emotional, sexual, financial, and institutional.
It is not the responsibility of anyone working or volunteering within LCTS to decide whether abuse has taken place, consequently all cases of suspected or alleged abuse must be raised in line with the procedures identified in this Policy. The need to escalate concerns is essential as there may already have been worries expressed by other members and/or agencies and failure to report concerns may put a child, young person, or vulnerable adult at risk.
It is the responsibility of the person that first becomes aware of a situation where there may be a child, young person or vulnerable adult subject to, or at risk of, abuse to:
- Deal with the immediate needs of the person
- Inform the Designated Safeguarding Lead (DSL) immediately – or a member of the trustee board, if the DSL is unavailable or is implicated in the allegation
Record the factual details of the allegation, using the safeguarding incident reporting form, as soon as possible to include:
- The allegation or concerns
- Date and time of the incident/when the concern was raised
- What the individual said regarding the abuse and how it occurred or what has been reported
- The appearance and behaviour of the individual concerned
- A description of any injuries observed
- Any other factual information
- Clarity regarding the distinction between fact, opinion or hearsay. There must be no attempt by the person to whom the allegation has been reported or has concerns/suspicions regarding potential abuse to investigate the matter themselves.
The Designated Safeguarding Lead or designated board member, in consultation with the Local Authority where appropriate, will:
- Decide without delay on the most appropriate course of action
- Deal with any immediate needs of the individual concerned, ensuring that other service users are not put at risk
- Clarify the facts stated by the staff member or volunteer but should not, in any circumstances, discuss the allegation of abuse with the alleged perpetrator or, if possible, the victim
- Address issues of consent and confidentiality
- Follow the procedure above on the same day as the concern/allegation has been raised wherever:
- A crime has been, could have been, or yet could be committed
- There is suspicion that an abuse has taken place
- The allegation involves a staff member, volunteer, or anyone who works with LCTS
- Other children, young people or vulnerable adults are at risk.
Where a decision is made not to refer, the concern/allegation must be recorded together with the reasons for the decision.
Any allegation made against a staff member or volunteer should be reported to the Designated Safeguarding Lead and relevant Local Authority who will take action as per this Safeguarding Policy.
Where a disclosure of abuse is made, care should be taken to explain to the individual/s the procedure that will be followed and they should be informed that it might not be possible for LCTS to maintain confidentiality.
Where a staff member or volunteer of LCTS makes an allegation regarding another organisation, this must be reported to the LCTS Designated Safeguarding Lead who will take the appropriate action.
All staff members and volunteers (where appropriate) of LCTS will be familiar with good practice guidelines on the immediate action to be taken following a report of abuse.
Accusations made against a LCTS Staff member or volunteer
If any staff member or volunteer is accused of abuse, they will be immediately suspended from the service provided and any committee/board position held. This does NOT mean that there is a presumption of guilt: it is to protect the member/volunteer from further accusations. The LCTS Designated Safeguarding Lead will then follow the Safeguarding Policy for the organisation.
Good Practice
All members and volunteers should be familiar with and adhere to LCTS’ policy on safeguarding and undertake Safeguarding refresher training every three years.
If you have any questions, concerns or need help or advice about any aspect of Data Protection, contact our Data Protection Officer, Kimberley Ward.