Safeguarding at OEA

Introduction

This document sets out Oxford Energy Academy Ltd’s responsibilities for staff and representatives with regards to safeguarding children and vulnerable adults. It is for both internal and external use.

It relates to all situations, where Oxford Energy Academy Ltd may meet young and/or vulnerable adults.

Purpose

For the purpose of this Policy, the term ‘representatives’ refers to anyone who is contracted to act on behalf of Oxford Energy Academy and who come into contact with learners or receive learners’ work for assessment purposes.

Commitment

Oxford Energy Academy, as the leading provider of Plumbing, Gas and Electrical qualifications in Oxfordshire, is committed to safeguarding the interests of young and/or vulnerable adults. Oxford Energy Academy Ltd believes that anyone who participates in any learning activities is entitled to do so in an environment that is both safe and enjoyable.

Purpose

Oxford Energy Academy’s aim is to:

Value, listening to and respect learners
Maintain policy, procedures, and a code of conduct (where applicable) for staff and representatives
Recruit representatives safely by ensuring all necessary checks are made in line with current government guidance and legislation
Update staff and representatives on the relevant policy and procedures and providing access to relevant information
Ensure that all assessments, communications, documentation, records, materials, personnel deployment, processes, and procedures, in no way undermine the interests of young and/or vulnerable adults, but actively seek to protect them
Respecting confidentiality whilst sharing information about concerns with agencies who need to know and appropriately involving parents, employers, carers, young and/or vulnerable adults
Providing effective support and management for staff and representatives
While primarily intended to safeguard young and/or vulnerable adults; this safeguarding policy also serves to protect staff and representatives from unsubstantiated allegations of improper conduct
For this policy, the term ‘representatives’ refers to anyone who is contracted to act on behalf of Oxford Energy Academy Ltd and anyone who has contact with learners or receive learners’ work for assessment purposes

Definition

Young Adults

For the purposes of this policy, the term “young adult” refers to a learner who has not yet reached their eighteenth birthday in England, Wales, and N. Ireland and their sixteenth birthday in Scotland.

Vulnerable adults

For the purposes of this policy the term “vulnerable adult” refers to someone over the age of 18, or 16 in Scotland, to whom ‘regulated activity’ is provided.

Regulated Activity

This definition is taken from the Joint Council for Qualifications (JCQ) ‘Principles for safeguarding children and vulnerable adults (Autumn 2014) document.

Regulated activity is a broad term which applies to:

Specified unsupervised activities relating to children and vulnerable adults (e.g., teaching, training, instruction, care or supervision) which are carried out on a frequent (as a general rule at least once a week), or intensive (more than three days in any 30-day period) basis, or overnight (between 2am and 6am where the activity gives the person the opportunity to have face-to-face contact with children or vulnerable adults)
Certain work in a specified place which provides the opportunity for frequent contact with children or vulnerable adults (e.g., a school)
Certain specified positions (e.g., An Oxford Energy Academy Ltd governor) and functions

Legislation and regulations

Key Legislation
Children Act (1989)
The Children’s Act (Scotland) (1995); The Children’s Order (Northern Ireland) 1995
Safeguarding Vulnerable Groups Act 2006
Protection of Freedoms Act 2012
Criminal Justice and Court Services Act 2000: Section 26 and Schedule 4 - Offenders and individuals banned from working with young adults and/or vulnerable adults.

Contracting with the City & Guilds

Under the Criminal Justice and Court Services Act 2000, it is an offence punishable by imprisonment to apply for work with young adults and vulnerable adults if an individual has been:

Convicted of a Schedule Four Offence 2
Put on the Protection of Children Act List (POCA3)
Put on the Protection of Vulnerable Adults List (POVA4)
Considered unsuitable or banned from working with children under section 142 of the Education Act of 2002

If such information is received as a result of a criminal records check from the Disclosure & Barring Service (England & Wales) or Disclosure Scotland or Access NI, the individual must be immediately reported to the police. City & Guilds will take the necessary appropriate action.

It is also an offence for anyone knowingly to employ such a person in such a capacity, either on a voluntary or a paid basis.

Regulation

Oxford Energy Academy Ltd operates as a training provider within the regulatory requirements of the awarding organisations/bodies.

The Director will:

Review any safeguarding concerns that are reported by members of staff, representatives, or external sources (e.g., learners, parents, or employers)
Make a judgement about what action, if necessary, should be taken in relation to any reported concern
Meet on annual basis to review the policy and monitor implementation and progress
Act as a source of advice on safeguarding matters
Co-ordinate with the appropriate authorities or agencies about suspected or actual cases of child or vulnerable adult abuse
Provide guidance and support to those dealing with any issues about safeguarding young adults or vulnerable adults involving the inappropriate behaviour or actions of a member staff of Oxford Energy Academy Ltd or representatives
Advise on safeguarding training within Oxford Energy Academy Ltd

Procedures

Disclosure Procedures for Recruitment of Representatives and Declaration Disclosure for Representatives involved in unregulated activity.

As part of the recruitment process, staff will provide all details of:

Any changes to the status of their registration with any relevant regulatory body
Any unspent convictions for the purposes of the Rehabilitation of Offenders Act
Whether any child has been removed temporarily or permanently from their care because of child protection proceedings

Oxford Energy Academy Ltd:

Will ensure it complies fully with its obligations under the Data Protection Act 1998
Will ensure that information contained in the Disclosure is available only to those who need to have access in the course of their duties
Reserves the right to reject any applicant who refuses to complete the Disclosure Declaration
Disclosure for representatives involved in regulated activity

Oxford Energy Academy Ltd will require that the applicant undertakes a criminal records check.

The information received will be treated with the utmost confidentiality and will only be used by the director to reach a conclusion as to whether a contract of services should be offered to the applicant.

Oxford Energy Academy Ltd complies fully with the relevant criminal records checking guidelines issued within the UK by the Disclosure & Barring Service (England & Wales).

Oxford Energy Academy Ltd shall reject any applicant who refuses to complete a criminal records check.

Code of conduct

Oxford Energy Academy Ltd requires that representatives always behave appropriately.

To provide guidance as to what constitutes appropriate behaviour in terms of safeguarding children and vulnerable adults, Oxford Energy Academy Ltd produced this Code of Conduct.

Recruitment of ex-offenders - having a criminal record will not bar an applicant from working with the Oxford Energy Academy Ltd. Oxford Energy Academy Ltd will not unlawfully discriminate against any individual based on information revealed in the Disclosure documentation. Any action taken based on such information will depend on the nature of the role and the circumstances and background of the offence.

Roles and responsibilities

It is vital that any member of Oxford Energy Academy Ltd and representatives who suspects that a child or vulnerable adult is at risk of harm or abuse, take personal responsibility to report their concerns. Not reporting concerns may put children and vulnerable adults at further risk of harm. It is not Oxford Energy Academy Ltd’s responsibility to investigate a child or adult safeguarding concern but to review the information provided and, where necessary, escalate to the relevant authorities.

Responding to a safeguarding concern

Concerns about safeguarding young and vulnerable adults may arise in different situations. Staff and representatives may:

Witness or observe something first hand
Receive information by phone/email/letter/in person
Receive learners work that raises potential safeguarding concerns

The following guidance must be followed if staff or representatives receive an allegation of young or vulnerable adult abuse or if a disclosure or allegation of abuse is being made to them by a young or vulnerable adult.

Staff should:

Listen to what is being said with an open mind
Not ask probing or leading questions designed to get them to reveal more
Never stop a person who is freely recalling significant events
Check their understanding of the situation, without being investigative
Explain that they cannot keep such information confidential, and that they have a responsibility to report what has been said to Oxford Energy Academy Ltd. It is important to record if the person has consented to having the information shared
Make a note of the discussion, taking care to record the timing, setting and people present as well as what was said
Ensure that any medical attention needed is addressed as a priority

Reporting information

Staff and representatives must inform the directors via e-mail. Record as much information as possible about the situation.

This should include:

What has happened?
Where and when?
Who was involved?
Any contact details?
What action, if any, has so far been taken?

Staff and representatives must pass on what information they have, even if the informant has only divulged a little or will not give their details. The information may join up with reports from someone else.

All information should be treated as confidential, and staff and representatives must not to talk about this information with anyone other than the Director as rumour spreads quickly, can be damaging and might even hinder any investigation that may result.

The director may discuss any raised concerns with staff and representatives and decide what action to take. They will not start a safeguarding investigation but will make sure if necessary that the relevant authorities have the information they need to decide themselves what to do next.

The director will treat all information received with complete discretion and will maintain as much confidentiality as possible whilst making sure that action is taken to safeguard a child or vulnerable adult.

All information given will be treated seriously and with respect for the person providing it.

Procedure for allegation against a member of Oxford Energy Academy ltd

If an allegation of abuse is being made against an Oxford Energy Academy Ltd representative in all instances, representatives must inform the director immediately in person and (via e-mail).

If Oxford Energy Academy Ltd receives an allegation against a representative, they will inform the representative in question and may suspend them from their contractual duties while the matter is investigated.

Any allegation will be scrupulously investigated, having regard to confidentiality.

Information sharing

If the allegation could constitute a potential risk of abuse to a young or vulnerable adult, then Oxford Energy Academy Ltd will always share the information with relevant agencies, to protect the young or vulnerable adult.

If there is insufficient information to enable a referral, then the reasons for this will be recorded.

Oxford Energy Academy Ltd recognises its responsibility to protect the identity of anyone reporting suspected or actual abuse and no information will be made available externally without careful consultation and prior approval at director Level.

Further support

It is always possible that reading or talking about safeguarding will cause distress, particularly if staff or representatives have had direct experience themselves.

Any individual requiring further advice or support can contact the NSPCC Child Protection Helpline. This is staffed 24 hours a day, 7 days a week on 0808 800 5000.

Implementation

To ensure and achieve the successful implementation of this policy, Oxford Energy Academy Ltd will:

Issue the Safeguarding policy statement to all its representatives, staff and partner organisations to ensure that it should be available on request to learners and other interested parties.
Provide development activities/updates appropriate to the needs of representatives when required.
Ensure that issues concerning safety and confidentiality are addressed as an integral part of qualification development, review, and assessment guidance.
The director will oversee the development and implementation of the policy and to advice on changes and amendments as appropriate.

Although the legal context is different for vulnerable adults, much of the following information on the types of abuse and neglect of young adults is also applicable to vulnerable adults.

Abuse and neglect - young adults

It is generally accepted that there are five main forms of abuse. The following definitions are taken from Working Together to Safeguard Young Adults (HM Government 2006) and Safeguarding Young Adults: Working Together under the Children and Young Adults Act 2004.

Abuse and neglect are forms of maltreatment of a young adult. Someone may abuse or neglect a young adult by inflicting harm, or by failing to act to prevent harm. Young adults may be abused in a family, institutional setting or community setting; by those known to them, or by a stranger. They may be abused by adults or another young adult or young adults.

Physical Abuse

Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a young adult. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces illness. An important indicator of abuse is where bruises or injuries are unexplained, or the explanation does not fit the injury.

Emotional Abuse

Emotional abuse is the persistent emotional ill treatment of a young adult such as to cause severe and persistent adverse effects on the young adult’s emotional development. It may involve making a young adult feel or believe they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may involve serious bullying causing young adults frequently to feel frightened or in danger, or the exploitation or corruption of young adults. Some level of emotional abuse is involved in all types of ill treatment of a young adult, though it may occur alone.

Sexual Abuse

Sexual abuse involves forcing or enticing a young adult to take part in sexual activities, including prostitution whether or not the young adult is aware of what is happening. The activities may involve physical contact, including penetrative or non-penetrative acts. They may also include non-contact activities, such as involving children in looking at pornographic material or watching sexual activities or encouraging young adults to behave in sexually inappropriate ways.

Neglect

Neglect is the persistent failure to meet a young adult’s basic physical and psychological needs, likely to result in the serious impairment of the young adult’s health or development. It may involve a parent or carer failing to provide adequate food, shelter, and clothing, failing to protect a young adult from physical harm or danger, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of a young adult’s basic emotional needs.

Bullying

Bullying may come from another child or an adult. Bullying is defined as - deliberate hurtful behaviour, usually repeated over a period, where it is difficult for those bullied to defend themselves.

There are four main types of bullying:

Physical (e.g., hitting, kicking, slapping)
Verbal (e.g., racist, or homophobic remarks, name-calling, graffiti, threats, abusive text messages, abuse via social media)
Emotional (e.g., tormenting, ridiculing, humiliating, ignoring, isolating from the group),
Sexual (e.g., unwanted physical contact or abusive comments)

Vulnerable adults abuse

Adult abuse is:

A violation of an individual’s human and civil rights by any other person or persons
Any behaviour towards a person that deliberately or unknowingly causes him or her harm, endangers their life or violates their rights
Physical, sexual, emotional, financial or through neglect or discrimination
Perpetrated by an individual, a group or an organisation
Financial Abuse, Discriminatory Abuse & Institutional Abuse
Financial abuse is abuse or misuse of possessions or money. Indicators may be an unusual shortage of money to pay bills, to buy food or to maintain adequate living conditions
Discriminatory abuse is harassment or similar discriminatory or derogatory treatment, which is racist, sexist or refers to disability

Institutional abuse or practice abuse is neglect due to bad or poor care practice or unsatisfactory professional practice and low standards.

Code of conduct

As a representative, you must:

Listen to, value and respect everyone as an individual
Appropriately involve learners/learners in decision making
Encourage and praise achievement
Actively contribute to an organisational culture where inappropriate behaviour is not tolerated
Provide an example of the good conduct you wish others to follow
Ensure that whenever possible there is more than one adult present during activities with young and vulnerable adults or at least that you are within sight or hearing of others
Not give out personal information, or share email addresses, mobile phone numbers etc with any young adults or vulnerable adult
Report all allegations/suspicions of abuse by seeking further support and guidance, including any allegation made against yourself or other staff.
Ensure that any concerns about inappropriate behaviour are quickly and appropriately reported on to the Safeguarding Leads within Oxford Energy Academy Ltd
Be aware that some young and vulnerable adults may behave inappropriately
Any sanctions and approaches to discipline used must be appropriate to age and understanding
Not engage in sexual relationships with learners (which may in any event constitute a criminal offence)

As a representative, you must avoid:

Being alone or out of sight of others. Where privacy is required, the door should be left ajar having ensured that others have been informed and are within earsho
Never transport learners by car on one’s own
Have unnecessary physical contact
Engaging in or allowing sexually provocative games or activities
Making or permitting suggestive or discriminating remarks to/or about children or vulnerable adults
Meeting children or vulnerable adults outside of organised/formal interaction
Entering a room where learners may be changing their clothes or are not fully dressed
Participating in or tolerating any bullying
Taking any photographs or videos which include any participant unless authorised by the appropriate member of staff and the learner/parental (for young adults) consent has been given