1. What will happen once I refer a concern to the Local Authority's Children's Social Services (CSS hereafter)?
Once CSS receive a concern about the welfare of a child they will clarify with you the nature of the concern, how and why they have arisen and what appear to be the needs of the family.
Should a referral be made by telephone to CSS you should confirm your referral in writing within 48 hours.
At the end of the discussion both you and CSS should be clear about any proposed action, timescales and who will be taking it, or that no further action will be taken. CSS will record the decision taken. They will also acknowledge a written referral within one working day of receiving it. If you have not received an acknowledgement within three working days then contact CSS again.
CSS will decide and record the next steps of action within one working day. Where they decide to take no further action feedback will be given to the referrer, who will be told of the decision and the reasons for making it.
An initial assessment of each child referred to CSS to determine whether a child is in need, and the nature of that need, and whether a more detailed assessment is required. The initial assessment should be made within 7 days of receiving a referral.
2. What about confidentiality, will my details or the churches need to be shared with the family I have concerns about?
Parents' permission, or the child's where appropriate, should be sought before discussing a concern with CSS (or any other agency), unless permission-seeking may itself place a child at increased risk of significant harm. Working Together 2006 is very clear that
‘when responding to referrals from a member of the public rather than another professional, LA children's social care should bear in mind that personal information about referrers, including identifying details, should only be disclosed to third parties (including subject families and other agencies) with the consent of the referrer.'
There may be legitimate reasons why you wouldn't want your details shared e.g. that it may damage the relationship you have with the child or family and put the child at increased risk of significant harm. You may be concerned for the welfare of yourself or church members because of the reaction of the family concerned. Discuss these concerns with CSS and agree what personal information (if any) about the referrers will be shared.
In ‘What To Do If You're Worried A Child Is Being Abused' (DOH 2003) it states that a key factor in determining whether or not to disclose confidential information without the consent of the family is proportionality i.e ‘is the proposed disclosure a proportionate response to the need to protect the welfare of the child.'
3. Who makes up Local Safeguarding Children Boards (LSCB); are faith groups represented?
Local Safeguarding Children Boards (LSCBs) replaced Area Child Protection Committee's (ACPCs) in April 2006. Under the Children Act 2004 LSCBs are placed on a statutory footing. LSCBs develop policies and procedures for safeguarding and promoting the welfare of children in the area of the local authority where they operate. LSCBs consist of statutory members (CSS, local government representatives, police, probation, Strategic Health Authorities / Primary Care Trusts, CAFCASS etc) and other members including the NSPCC, and local organisations. As a minimum, local organisations should include faith groups, state and independent schools, colleges and GP's and all other relevant local organisations.
4. In Guidance to Churches (In Focus 8), CCPAS refer to Schedule 1 Offenders. I have been told this term is no longer used, is this right?
We do refer to Schedule 1 offenders in our Guidance to Churches manual, as this is a common term used to describe those who have a conviction for an offence against a child listed in Schedule One of the Children and Young Person's Act 1933. The government in Working Together 2006 points out that committing an offence under Schedule One of the Act does not trigger any statutory requirement in relation to child protection issues and inclusion on the schedule was determined solely by the age of the victim and offence for which the offender was sentenced and not by an assessment of future risk of harm to children. Therefore the term ‘Schedule One offender' is no longer going to be used. It will be replaced with ‘ Risk to Children ' indicating a person has been identified as presenting a risk or potential risk of harm to children.
5. Is the child protection or ‘at risk' register changing?
CSS have invested in a new IT system – the Integrated Children's System (ICS), which will be fully operational by January 2007. ICS is a framework for working with children in need and their families. The principal purpose of having the IT capacity is to enable agencies and professionals to be aware of those children who are judged to be at continuing risk of significant harm and who are the subject of a child protection plan. ICS will record information about children that can be analysed and used locally and nationally in planning the provision of services. Rather than describing a child as being on the Child Protection Register, frequently termed the ‘At Risk Register', the ICS system will report whether a child is the subject of a ‘child protection plan'.
6. Where can I find key documents such as “Safe from Harm”?
The 13 recommendations contained in “Safe from Harm” can be found in CCPAS Guidance to Churches manual and on our website ( www.childprotection.info ).
7. Is it a legal requirement for a church to have a child protection policy?
You will not be breaking criminal law if you do not have a child protection policy. However, statutory guidance in “Working Together to Safeguard Children” 2006 states that churches, other places of worship and faith-based organisations need to have appropriate arrangements in place for safeguarding and promoting the welfare of children.
In particular these should include:
Section 2.154 of Working Together 2006 states: “Churches and faith organisations can seek advice on child protection issues from the Churches' Child Protection Advisory Service (CCPAS). CCPAS can help with policies and procedures; its Guidance to Churches manual can assist churches and its Safeguarding Children and Young People can assist other places of worship and faith-based groups”
The Charity Commission requires charities serving children (including churches) to have a policy before granting registration:
“The Charity Commission will carry out a consultation on Child Protection Issues before issuing a formalised policy. In the meantime, the current position is that where possible the Charity Commission would like to see the CRB certificates in all cases where the beneficiaries are children or vulnerable adults. If those certificates are not available but there is some other evidence in the form of certificate details, letters of clearance from other umbrella bodies, local authorities etc then that is what should be supplied.”
Insurance companies also require written policies.
Frequently Asked Questions - Government Guidance