1. Introduction

This policy covers all employees of North Yorkshire Fire and Rescue Service (NYFRS) and any person who carries out duties or services on behalf of NYFRS whether paid or voluntary. NYFRS are committed to the safeguarding of children, young people and adults and recognise that the protection and safety of vulnerable people is ‘Everyone’s Responsibility’ and therefore all NYFRS staff have a role to play in safeguarding those most vulnerable from neglect and abuse.

Safeguarding is the process that organisations put in place to help protect the safety and welfare of children, young people and adults at risk, with whom they come into contact with throughout the course of their work.

Fire and Rescue Services must have appropriate safeguarding arrangements in place to provide the public with the reassurance and confidence that they have every right to expect. For this purpose, this policy has been created in conjunction with guidance from Central Government, Local Authorities and the NFCC.

It is imperative that efficient and effective safeguarding becomes business as usual within our sector. This will ensure we maintain the trusted and relied upon position the fire and rescue service rightly holds within communities. Donna Finch MBE, NFCC Safeguarding Chair

i) Safeguarding Adults

Safeguarding means ‘protecting an adult’s right to live in safety, free from abuse and neglect. It is about working together to support adults to make decisions about the risks they face in their own lives, and protecting those who lack the mental capacity to make these decisions.’

The Care Act 2014 places a statutory obligation on Local Authorities and Public Sector Organisations to safeguard adults at risk.

Section 42 (S42) identifies a Vulnerable Person as ‘an adult at risk’ and the Local Authority will make an enquiry when;

They identify a person aged 18 or over who
Has needs for care and support (whether or not the Authority is meeting any of those needs)
Is experiencing , or is at risk of, abuse or neglect, and
as a result of those needs – is unable to protect themselves against the abuse or neglect or the risk of it.

ii) Child Protection

The Children Act 1989 provides a comprehensive framework for the care and protection of children.

The Children Act 2004 supplemented this and reinforced the message that all organisations working with children have a duty to help safeguard and promote the welfare of children.

Section 11 of The Children Act (2004) places a statutory obligation on agencies to safeguard and promote the welfare of children and young people whilst carrying out their normal functions. A child at risk for the purposes of child protection is ‘anyone who has not reached their 18^th birthday’. Child Protection procedures also apply to an unborn baby.

Safeguarding is the action that is taken to promote the welfare of children and protect them from harm, which means;

Protecting children and young people from harm and maltreatment.
Preventing harm to children and young people’s health or development
Ensuring children and young people grow up with the provision of safe and effective care.
Taking action to ensure all children and young people have the best outcomes.

Section 47 (S47) enquiry will be carried out when;

Children Social Care carry out an investigation when they have ‘reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer significant harm.’

Child Protection is part of the safeguarding process, it focuses on protecting individual children and young people identified as suffering or likely to suffer significant harm.

It is good practice to be as open and honest with parents/carers about any concerns; however, you must not discuss your concerns with parents/carers where;

This would delay the sharing of information with either the Safeguarding Officer/Duty Tactical Officer or authority which would increase the risk of harm to the child or young person
Asking for consent may increase the risk of harm to the child, young person, you or anyone else

It is recognised that a child may seek or share information about abuse or neglect with staff and volunteers, or talk spontaneously to individuals or in groups. In these situations:

You must;

Listen carefully to the child
Give the child time and attention
Allow the child to give a spontaneous account, do not stop a child who is freely recalling significant events
Make an accurate record of the information you have been given – timings, who was there, the child’s presentation Use the child’s own words where possible
Explain that you cannot promise to keep information secret and you may need to speak to others about the information they have just shared Reassure the child;
- - You are glad they have told you
  - They have not done anything wrong
  - What you are going to do next
Where appropriate, explain that you need to get help
Treat all children and young people with respect
Ensure there’s more than one adult with you and the child/young person
Respect the child’s/young persons’ right to personal privacy
Make the child/young person comfortable
Recognise that caution is required when you are discussing sensitive issues with the child/young person
Challenge unacceptable behaviour and report all allegations/suspicions of abuse

You must not;

DO NOT directly question the child
Children should not be required to discuss multiple accounts of events
Have inappropriate physical/verbal contact with the child/young person
Allow yourself to be drawn into inappropriate attention seeking behaviour/ make suggestive or derogatory remarks or gestures in front of the child/young person/s
Reach conclusions about others without checking facts
Either exaggerate or trivialise safeguarding issues
Show favouritism to any individual

2. Making Safeguarding Personal

It is a requirement to make sure that the wellbeing of adults is promoted including where appropriate, having regard to their views, wishes, feelings and beliefs in deciding on any action. Staff/volunteers should take account of the wellbeing of individuals as defined in the Care Act 2014

The Six Principles of Safeguarding that underpin all adult safeguarding work are;

Empowerment – people being supported and encouraged to make their own decisions and informed consent.
Prevention – it is better to take action before harm occurs.
Proportionality – the least intrusive response appropriate to risk presented.
Protection – support and representation for those in greatest need.
Partnership – local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
Accountability – Accountability and transparency in safeguarding practice.

Making safeguarding personal means it should be person-led and outcome-focused. It engages the person in a conversation about how best to respond to their safeguarding situation in a way that enhances involvement, choice and control as well as improving quality of life, wellbeing and safety.”

(Care Act 14/15?)

3. Equality & Inclusion

NYFRS recognise the importance of and are committed to promoting equality and inclusion in the provision of our services and to our employees. We are committed to encouraging equality and diversity amongst our workforce and to eliminating unlawful discrimination. We aim for our workforce to be truly representative of the community we serve and for each of our employees to feel respected and to be able to give their best.

4. Mental Capacity

The Mental Capacity Act 2005 is a vitally important piece of legislation, that makes a real difference to the lives of people who may lack mental capacity. It empowers people to make decisions for themselves wherever possible, but also protects people who lack capacity by providing a flexible framework.

A lack of mental capacity could be due to;

A stroke or brain injury
A Mental Health Problem
Dementia
A Learning Disability
Confusion, Drowsiness or unconsciousness because of an illness
Substance misuse

There are 5 key principles which are underpinned by the Care Act.

Principles 1-3 will support the process before or at the point of determining whether someone lacks capacity. Once you have decided the capacity is lacking, use principles 4 and 5 to support the decision making process.

The 5 principles are;

A presumption of capacity – Every adult has the right to make their own decisions and must be assumed to have capacity unless it is proved otherwise. This means that you cannot assume that someone cannot make a decision for themselves just because they have a particular medical condition or disability.
Individuals being supported to make their own decisions – A person must be given all practicable help before anyone treats them as not being able to make their own decisions. This means you should make every effort to encourage and support people to make the decision for themselves. If lack of capacity is established, it is still important that you involve the person as far as possible in making decisions.
Unwise Decisions – People have the right to make decisions that others might regard as unwise or eccentric. You cannot treat someone as lacking capacity for this reason. Everyone has their own values, beliefs and preferences which may not be the same as those of other people.
Best Interests – Anything done for or on behalf of a person who lacks mental capacity must be done in their best interests.
Less Restrictive Option – Someone making a decision or acting on behalf of a person who lacks capacity must consider whether it is possible to decide or act in a way that would interfere less with the person’s rights and freedoms of action, or whether there is a need to decide or act at all. Any intervention should be weighed up in the particular circumstances of the case.

5. Confidentiality, GDPR & Information Sharing

The Care Act 2014 states that the government expects organisations to share information about individuals who may be at risk from abuse and/or neglect.

When staff have concerns about potential abuse of vulnerable adults and children or hear disclosures or allegations, they have a duty to pass them on appropriately. They also have a role in addressing any immediate safety and protection needs. Information given to an individual member of staff, or organisation representative, belongs to the organisation not that member of staff.

Withholding information may lead to abuse and/or neglect not being dealt with in a timely manner. Confidentiality must never be confused with secrecy.

6. Disclosure & Barring Service (DBS)

DBS helps employers to make safer recruitment decisions and prevents unsuitable people from working with individuals deemed as vulnerable. NYFRS have a specific policy covering DBS – Disclosure and Barring Service Policy

7. Whistleblowing & Allegations Against Employees or People Working on Behalf of the Service

North Yorkshire Fire and Rescue Service has a service policy in relation to whistleblowing which allows all employees, including volunteers to raise concerns and receive feedback on any actions taken. It includes reassurances for protection against victimisation around whistleblowing.

North Yorkshire Fire and Rescue Service also has a duty to have robust procedures in place to receive and respond to concerns/allegations made against personnel or people working on behalf of our service.

8. Local Authority Designated Officer

HM Government Guidance “Working Together to Safeguard Children 2018” requires organisations and agencies working with children and families to have clear policies for dealing with allegations against people who work with children.

Every Local Authority has a statutory responsibility to have a Local Authority Designated Officer (LADO), who is responsible for coordinating the response to concerns that an adult who works with children may have caused them or could cause them harm. In order to manage allegations against any person in a position of trust, the LADO must be informed.

The role of the Local Authority Designated Officer (LADO) is identified as that of managing and having oversight of individual cases, provision of advice and guidance to employers and voluntary organisations, liaison with the police and other agencies and the monitoring of cases to make sure they are dealt with as quickly as possible and are consistent with a thorough and fair process.

This includes allegations made about a member of NYFRS staff or volunteer who works with children.

The NYFRS procedure for managing allegations or concerns against any member of staff or volunteer who works with children is initially processed via the service’s complaints procedure;

If any member of NYFRS receives an allegation from a parent/carer/other agency or LADO from another Authority you must direct them to our website and to fill in the online complaints form. (alternatively they can either call or write to the OPFCC) The complaint should initially be directed to the OPFCC to be logged and then it will be passed onto the Safeguarding Officer.

This procedure should be applied when there is such an allegation or concern that a person who works with children, has;

Behaved in a way that has harmed a child, or may have harmed a child
Possibly committed a criminal offence against or related to a child
Behaved towards a child or children in a way that indicates they may pose a risk of harm to children
Behaved or may have behaved in a way that indicates they may not be suitable to work with children

If the allegation or concerns appear to meet the criteria for referral to the LADO

(Local Authority Designated Officer) the designated safeguarding member of staff (which is the Head of Prevention and Protection) or if they are on leave, will be the DTO must contact the Duty LADO within 1 working day of any situation arising. Concerns may not be solely in connection with what happens in the working environment. The actions of an individual in their personal life may indicate that their behaviour could be a risk of harm to children, young people and vulnerable adults they work.

9. Advice on Physical Contact

The guidance in this section applies to physical contact carried out by members of NYFRS as well as any contact that may be witnessed by members of the Service.

There may be circumstances where it would be impossible to ensure someone’s safety without physical contact. By having this guidance, it is intended to ensure that where it takes place, it is appropriate.

Apart from casualty handling, members of the Service will not normally carry out physical intervention. However, members of the Service are allowed to intervene where, if they were not to, there would be a significant risk to personal safety. (For example, stopping a person from wandering across a road or preventing them from hurting themselves or another.

Assisting an adult with a mobility need (for example, offering an arm to lean on, or assisting someone to sit in/get up from a wheelchair) is NOT physical intervention for the purposes of the reporting arrangements set out below. However, verbal consent must have been given by the person themselves, or by a carer if the person concerned does not appear to have the capacity to give such consent. Contact must be appropriate and witnessed by the carer or, if they are not available, then a second member of staff.

Circumstances with the potential for a complaint that are not related to rescue or casualty handling at incidents, or outside of the scope mentioned above, must be brought to the attention of the Safeguarding Officer who will then escalate to the Designated Safeguarding Lead to establish an appropriate course of action.

A written account is regarded as being the minimum requirement in the first instance.

10. Collaborative Working

The Police, Fire & Rescue and Ambulance services now have a duty to collaborate stipulated in the Policing and Crime Act 2017. This provides us with a tangible legal framework to increase the scope of collaborative work and keep our communities safer.

The Police, Fire and Crime Commissioner for North Yorkshire has established enableNY as the vehicle to transform police and fire collaboration.

Collaboration and Partnership working opportunities should be considered whenever there is a benefit to the public through:

Improved effectiveness through shared services
Improved efficiency through shared resources
Improvements to public safety through service delivery

We also work closely with the two Local Authorities, NHS, Youth Justice Service, the Local Safer Community Partnerships, Housing, Education and many others to deliver educational programmes, reducing health inequalities, and educating and inspiring children and young people to fulfil their potential.

11. Standards of Behaviour

Our values, ethics, practices and behaviours are at the heart of everything we do. How we do things is as important to us as what we do. Ambition 2025 sets out the type of organisation we want to be – ‘Our Strategic Vision is that North Yorkshire Fire and Rescue will be an exemplary local service.’ Our values are;

People – We exist to serve the public, we put people first
Results – We achieve positive results
Inclusion – We embrace inclusion
Creativity – We encourage and promote creativity
Learning – We never stop learning

We will promote good behaviour and challenge inappropriate behaviour by; Putting our communities first – we put the interest of the public, the community and service users first

Integrity – we act with integrity including being open, honest and consistent in everything we do

Dignity and respect – making decisions objectively based on evidence, without discrimination or bias

Leadership – we are all positive role models, always demonstrating flexibility and resilient leadership. We are accountable for everything we do and challenge all behaviour that falls short of the highest standards

Equality, diversity and inclusion (EDI) – we continually recognise and promote the value of EDI both within the FRS and the communities in which we serve. We stand against all forms of discrimination, create equal opportunities, promote equality foster good relations and celebrate difference

12. Social Media

What is social media?

The term social media is a term used to describe websites and applications such as LinkedIn, Twitter and Facebook, which enable users to create and share content or to participate in social networking.

Our Social Media accounts should be used to promote community safety advice and events, technical fire safety advice and events, key partner agency messages and incident information.

For more guidance please refer to our Social Media Policy & Visual Imaging Policy.

13. PREVENT

PREVENT is part of the UK governments counter-terrorism strategy known as CONTEST. The aim of PREVENT is to safeguard and protect individuals identified as being vulnerable to radicalisation or being drawn into supporting terrorist activity. CHANNEL is a key element of the PREVENT strategy and is a multi-agency approach to protect those at risk from radicalisation.

‘’You are the eyes and ears in the community. If you have any concerns about grievances or tensions in your community, you should make sure you report them appropriately within your own organisation. Concerns could include hate crime, anti-social behaviour, graffiti, or a change in the behaviour of individuals that causes you concern, as well as concerns about individuals or groups that are vulnerable to being drawn into terrorism.’’

If you identify a potential PREVENT concern then you must notify the police (101 or 999 if immediate risk) and an internal Safeguarding Form MUST be completed. Remember that PREVENT sits within Safeguarding and we have a duty to safeguard those who are vulnerable and being drawn into supporting Terrorism. If the concern is outside of office hours, Duty Silver must be informed so a referral can still be made.

14. Safeguarding Training

All NYFRS staff must complete the mandatory ‘Introduction to Safeguarding’ eLearning module and refresh every 2 years or sooner if directed by the organisation because of any significant updates to the content of the training.

Further training on different Safeguarding subjects will be provided, including external agency input where necessary.

Staff will receive a level of training appropriate to their role and responsibilities within the organisation. All middle Managers and Duty Tactical officers will receive an enhanced level of Training which will be guided by our Local Authorities and NFCC

CPD accredited safeguarding ‘train the trainer’ course.

The Duty Tactical Officers will also receive further training on how to report Safeguarding concerns outside of office hours.

We will ensure that all our staff are;

Trained in how to recognise abuse, neglect or self neglect.
Are confident about how to report those at risk.

15. Roles & Responsibilities

NYFRS is committed to providing the best possible service 24 hours a day 365 days a year, which requires a consistent approach in the arrangements for responding and reporting Safeguarding Concerns for children and adults at, risk of abuse or neglect.

All Service Personnel – it is the responsibility of all employees to adhere to the Safeguarding Policy & Procedure to ensure that the protection of children and adults at risk is inherent in their daily work.
Heads of Department and Line Managers – it is the responsibility of every manager to make sure that all staff for whom they are responsible are aware of and understand the importance of this policy and related documents. They must also make sure that any partners, contractors, agents, volunteers or other representatives whom they engage to undertake duties on their behalf, which may involve them being in contact with children or adults at risk, understand and comply as appropriate.

The Safeguarding Officer is responsible for:-

The Safeguarding Officer will receive and respond to all Safeguarding concerns in normal Office Hours Mon- Fri 09:00 – 17:00hrs
The development, implementation, review and revision of policy, guidance, procedure and plans relating to child and adult protection matters, to ensure NYFRS is compliant with legislation and national and local guidance.
Ensuring systems are in place to monitor the effectiveness of the above and to audit the services performance with regard to safeguarding children and adults at risk.
Establishing an accountable and clearly defined pathway for managing Safeguarding Concerns.
Utilising Training Needs Analysis to develop, implement, and deliver a Safeguarding training programme.
Ensuring appropriate representation and contact is established with relevant agencies and organisations within North Yorkshire, i.e. Local Safeguarding Children Partnerships, Local Safeguarding Adults Boards,Social Care Services, Local Community Safety Partnerships.
Providing specialist advice, reports and assistance to individual employees, managers, departments and external agencies on matters relating to child and adult protection

In the absence of the Safeguarding Officer and Out of Hours Fri 17.00 – 09.00hrs Mon (Weekends & Bank Holidays) this will be the responsibility of a Duty Tactical Officer who will be identified to members of staff by Control.

16. Leadership, Governance and Accountability

Fire and rescue services must ensure arrangements for safeguarding are in place as follows: –

Have arrangements to safeguard children and adults at risk of abuse and neglect, and ensure legal compliance
Ensure an accountability framework outlining safeguarding roles and responsibilities across the Service to include:
A named senior officer with overall responsibility o A named lead officer for dealing with allegations against employees
Where to send referrals/queries
Who to approach for advice
Ensure employees are aware of safeguarding policies and procedures and advise that compliance is mandatory

NYFRS accountability framework is set out in appendix 4, outlining safeguarding roles and responsibilities across our Service.

17. Supervision

It is recommended that professional supervision is available for those working in areas with children/adults at risk to help them cope with the emotional demands of the role it is recommended that support and supervision is put in place.

Supervision is an opportunity to reflect on work practice, case issues and or dilemmas. It is the process by which personnel can review and evaluate their work through discussion, report and observation. It can also capture development needs, overall performance and any concerns they may have about their work environment or the performance of the team. The Safeguarding Officer and The Health and Wellbeing Team will facilitate formal one to one sessions.

18. Referral Procedures

A referral must be made if you identify any of the following types of abuse;

There are 10 types of Adult Abuse (which is identified in the Care Act statutory guidance) these are;

Physical
Domestic
Sexual
Psychological/Emotional
Financial/Material
Modern Slavery
Discriminatory
Organisational
Neglect or acts of omission
Self Neglect

There are 4 types of Child Abuse as defined in the Childrens Act 1989, these are;

• Neglect

Is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. This could be; Failing to provide adequate food, clothing and shelter. Protecting a child from physical and emotional harm, ensuring adequate supervision and ensuring access to appropriate medical care. Neglect may occur during pregnancy as a result of maternal substance abuse.

• Physical

Is a form of abuse which may involve hitting, shaking, throwing, poisoning, burning or may be caused when a parent/carer fabricates the symptoms or deliberately induces illness in a child. Physical abuse can also be caused through omission or the failure to act to protect.

• Emotional

Is the persistent emotional maltreatment of a child as such to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to a child that they are worthless or unloved, inadequate or not valued. It may include not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may also include interactions that are overprotective and limiting of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another.

• Sexual

Involves forcing or enticing a child or young person to take part in sexual activities. The activities may involve physical contact, including assault by penetration or acts such as kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of sexual images, watching or encouraging children to behave in sexually inappropriate ways.

Children may also be at risk from Abuse and Exploitation outside of their family home. For example, peer pressure, bullying, online abuse, domestic abuse, exploitation by criminal gangs and organised crime groups; trafficking and sexual exploitation and the influences of extremism leading to radicalisation.

When making a Safeguarding Referral, Staff must follow the following separate procedure routes when making a Safeguarding Referral for a Child or Adult.

Published to this website 28 June 2024

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