• Behaved in a way that has harmed, or may have harmed, a child
• Possibly committed a criminal offence against children, or related to a child
• Behaved towards a child or children in a way that indicates that s/he is unsuitable to work with children
Everyone who works with children and young people has …show more content…
a professional responsibility to report any concerns about colleagues who do not follow safeguarding procedures. This practice is usually referred to as ‘whistle blowing’. It can be very difficult to report someone that you work with, or even a manager, it takes courage, but it must be remembered that the welfare and safety of the child is paramount and must be the first priority.
There are several reasons for whistle blowing:
• Every member of staff has a responsibility for raising concerns about unacceptable practice or behaviour
• To prevent the problem worsening
• To protect or reduce the risk to other children
• To prevent becoming implicated themselves
If the staff member still thinks there is a need to continue then they should raise the concern:
• The staff member should think about exactly what is worrying them and why
• Approach the supervisor, manager or named safeguarding officer
• Voice the concern, suspicions or uneasiness as soon as they can. The earlier the concern is raised, the easier and sooner it is possible for action to be taken.
• The staff member should try to pinpoint what practice is concerning them and why.
• Put the concerns in writing, outlining the background and history, giving names, dates and places when possible.
• Make sure something happens after giving in the information.
Whistle blowing takes courage. There is a risk of being bullied or harassed as a result. If a staff member suffers as a result of a whistle blowing incident the UK public Interest Disclosure Act 1998 offers legal protection.
The Public Interest Disclosure Act 1998 was created to protect whistle blowers from detrimental treatment or victimisation from their employees after they have made a qualifying disclosure. The Act covers most workers in the public, private and voluntary sectors. It does not apply to genuinely self-employed professionals (other than in the NHS) voluntary workers (including charity trustees and charity volunteers) or the intelligence service. In order to be protected the whistle blower must make a ‘qualifying disclosure’ about malpractice. This could be a disclosure about:
• “criminal offence
• Failure to comply with legal obligation
• Miscarriages of justice
• Threats to an individual’s health and safety
• Damage to the environment
• A deliberate attempt to cover up any of the above”
All disclosures will be assessed and investigated discreetly.
There is a strong emphasis on maintaining the confidentiality of both the whistle blower and the accused.
During the investigation both parties are kept up to date with any progress made. Timescales are determined by the investigating manager and notified to both parties as part of the investigation process. Appropriate support is provided to both parties as required.
Both parties involved are given the opportunity to tell their version of the story and to defend any complaints made against them. All personal data should be dealt with in compliance with the Personal Data Act.
Protection of the accused party/parties - when such protection is considered necessary, certain precautions will be put into practice:
• They will be informed about the seriousness of the allegations and provided with any supporting evidence
• They will be advised in writing of the procedure to be followed
• The accused will be given the opportunity to respond in person or in writing to the claims made, and receive and consider any relevant …show more content…
evidence
• They will be informed of their right to be accompanied at any interview by a trade union representative or work colleague
• They will be given details of any employee support available
• When necessary support, counselling or mediation may be offered to those subject to investigation in order to assume normal working relationships as quickly as possible
There are, however several concerns or fears that can prevent a staff member from wanting to whistle blow:
• Starting a chain of events which can then spiral into more complex issues
• Fear of getting it wrong
• Fear of repercussions
• Fear of not being believed
As a witness to poor professional practice, you are not expected to prove the truth of an allegation, but will need to demonstrate sufficient grounds for concern.
Any concerns about poor practice should be accurately reported and recorded. In some cases it may provide evidence for a prosecution and it is essential that any information be based on facts, not assumptions and opinions.
Anyone who whistle blows has a legal right to protection and managers have a duty to support members of staff who report any incidents of unprofessional conduct or poor practice which puts children’s welfare at risk. It should also be acknowledged that anyone who is the subject of an unproven allegation of abuse has the right to full protection for the duration of the investigation.
Employers have a duty of care to their employees and should act to manage and minimise the stress that can be experienced during the allegation process. Support for individual members of staff is vital. Individuals should be informed of concerns or allegations as soon as possible and given an explanation of the likely course of action. They should also be given access to welfare counselling or medical advice where this is provided by the
employer.
In situations where safeguarding concerns are expressed about a person who works with children, the Local Authority Designated Officer (LADO) will be involved in the management and oversight of individual cases. The LADO should:
• Provide advice and guidance to employers and voluntary organisations
• Work with the police and other agencies
• Monitor the progress of cases to ensure that they are dealt with as quickly as possible
• Ensure that the process is consistent, thorough and fair
There is a legal requirement for employers to make a referral to the Disclosure and Barring Service where they think that an individual poses a risk of harm to a child, or has engaged in conduct that harmed (or is likely to harm) a child.