Monifieth out Of School Care Club (hereafter referred to as MOOSCC) is committed to creating a safe environment for children and young people and adults. We recognise our moral and legal obligations to protect children and will ensure that members will take all reasonable steps to promote safe practice and to protect children from harm, abuse, and exploitation.
Our Policy is based on the following principles:
- The welfare of children is always the paramount consideration.
- All children have the right to be protected from abuse regardless of their age, culture, disability, gender, language, racial origin, socio-economic status, religious belief and / or sexual identity.
- Protecting children and young people is everybody’s responsibility.
- All children have a right to express their views on matters affecting them and these views should be taken into account when making decisions in relation to children.
What does the law in Scotland say about the protection of children?
There are a number of Acts of Parliament concerned with the protection of children and young people. There are also a number of important documents which contain guidance for organisations. The main provisions are:
- Children (Scotland) Act 1995
- Protection of Children (Scotland ) Act (2003)
- United Nations Convention on the Rights of the Child (1989)
- Protecting Children- A Shared Responsibility, Guidance on Inter-Agency Co-operation, Scottish Office (1998)
- “It’s everyone’s job to make sure I’m alright”, Child Protection Audit and Review, Scottish Executive (2002)
- Protecting Children and Young People: Framework for Standards, Scottish Executive (2004)
- Children’s Charter, Scottish Executive (2004)
The Key Messages from legislation and guidance are:
- Everyone has a responsibility to protect children and young people
- Every child has at all times a right to feel safe and protected from any situation or practice which could result in the child being physically or emotionally harmed
- Above all, the welfare of the child is the paramount consideration and we must all work together to ensure children and young people are protected
Protection of Children (Scotland) Act 2003 (POCSA)
The Act aims to improve safeguards for children by preventing unsuitable adults working with them either in paid or unpaid positions. The Act applies to all children and young people under 18 years of age. It applies to all organisations that appoint paid and volunteer workers to “child care
positions”. The Act introduced the Disqualified from Working with Children List (DWCL) in Scotland. The main provisions are:
- Individuals who are fully listed on the DWCL will commit a criminal offence if they apply for, offer to do, accept or do any work in a “child care position”.
- Organisations will commit a criminal offence if they knowingly employ or, engage a disqualified person to work in a “child care position” or fail to remove a disqualified person from a “child care position”.
- Organisations must make a referral to Scottish Ministers if a person working in a “child care position” harms a child or places a child at risk of harm and is dismissed, resigns or is moved away from access to children as a consequence. The Scottish Ministers will investigate and decide if the individual should be added to the DWCL. The Act defines “child care positions” in a broad way. Definitions that apply include:
- Positions whose normal duties include caring for, training, supervising or being in sole charge of children;
- Positions whose normal duties involve unsupervised contact with children under arrangements made by a responsible person; or
- Positions whose normal duties include supervising or managing an individual in a “child care position”.
What to do if you are concerned about a child or young person
If a child or young person discloses i.e. gives you information that might suggest he/she is being abused or you have concerns about the child, you should:
- Remain calm, no matter how difficult it is to listen to the child – think of how hard it must be for the child to make the disclosure. Some things are very difficult to talk about; you’ve been chosen because the child feels he/she can talk to you. If you show anger, disgust, disbelief then the child may stop talking for fear of upsetting you or may feel that your negative feelings are being directed towards them;
- Listen to the child and take him/her seriously. Reassure him/her they have done the right thing by telling you;
- Allow the child time to speak. Never interrupt or make suggestions to the child. Avoid asking questions other than to clarify your understanding. You must never interview the child or investigate. This is the job of trained professionals;
- No matter how well you know the child, spare them having to repeat themselves over and over. Apart from anything else, the child may begin to think that you don’t believe them;
- Be honest, tell the child that you cannot keep what has been disclosed secret and that, you have a responsibility to talk to someone who can help;
- As soon as practical record in writing everything the child told you using the child’s own word. Pass the information to the Child Protection Officer as soon as possible. Thereafter the information should only be shared with those who need to know in order to protect the child. If the Child Protection officer is not available, then the information should be passed to the Social Work Department or police without delay. Do not be afraid to contact them for advice and guidance. Remember – you may not be the only one to have concerns. All referrals are discussed thoroughly by professionals prior to any action being taken. Your concerns will be treated sensitively.
It is not your job to decide if a child has been abused. It is your responsibility to report concerns.
If you consider that the child’s circumstances are such as to require immediate action e.g. if, the child is too frightened to go home or you have serious doubts as to the child’s safety, contact the Social Work Department or the police immediately.
If the concerns are of a more general nature covering the child’s welfare, they should initially be discussed with the organisation’s Child Protection Officer, who would then make a referral to Social Work Department if considered appropriate. Concerns about the behaviour of a member of staff/volunteer must be reported to the organisation’s Child Protection Officer without delay.
If necessary he/she will seek advice from Social Work Department and/or the police immediately and take any appropriate action to protect the child concerned. If the concern is about the Child Protection Officer, the matter should be reported to the person in charge of the organisation.
If this person is the Child Protection Officer, contact should be made with the local Social Work Department or with the police.
Key messages:
- Listen to the child
- Take all concerns seriously and act promptly
- Refer – DO NOT investigate
- Record the information in writing as soon as possible
We will:
- Treat everyone with respect.
- Respect and promote the rights, wishes and feelings of children.
- Provide time for children to talk to us and listen to what they say.
- Encourage children to respect and care for others.
- Keep a register of every child involved with the group including relevant medical details and have a contact name and number on record in case of emergencies.
- Respect confidentiality and only share information/concerns with the people who need to know in order to protect the child having regard to the provisions of the Data Protection Legislation.
- Recruit, train and supervise those who work (paid and unpaid) using the Procedure for Safe Recruitment.
- Take action to stop any inappropriate verbal or physical behaviour including bullying.
- Take all concerns/allegations seriously and respond appropriately in line with these and Angus Council’s Child Protection Procedures. We will refer not investigate, investigation being the responsibility of other professional agencies.
- Encourage parents to become involved in the organisation and, when requested, provide them with copies of all guidelines and procedures.
ALWAYS SEEK ADVICE IF YOU ARE UNSURE.
ENSURE THE CHILD’S IMMEDIATE SAFETY.
Contacts Numbers:
Angus Council Social Work Department (Monday to Friday 8.45am to 5pm) 01241 437200
Out of Hours Service 01382 432270
Tayside Police
Arbroath 01241 872222 Forfar 01307 302200 Dundee 01382 223200
Sharon Robertson
Angus Child Protection Team
St.Margarets House
Orchardbank
Forfar
DD8 1WS
Ph. 01307 474869