The aim of this guidance is to outline the legal requirements associated with having a legally defined position of trust and offer best practice guidelines for those working in a non-legal or informal position of trust whether paid, unpaid, over 18 or under 18.
All health and safety processes included in this document apply equally to both workers as well as young people. Along with health and safety, welfare is a core part of an employer’s duty to workers as well as young people.
Employers are legally required to provide information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of employees. For youth work organisations, this extends to all those directly affected by the delivery of services, including young people.
Any allegation or concern that an employee or volunteer has behaved or may have behaved in a way that has hurt/harmed, or potentially harmed, a child or young person, must be taken seriously and dealt with sensitively and promptly, regardless of where the alleged incident took place.
Any allegation against a member of staff must be reported within 24 hours to the County LADO Service, by the DSO. This referral will determine whether the allegation reaches the harm threshold to justify involvement from a LADO in the management of the allegation.
Transference of risk is when an employee has committed a criminal offence or come into contact with a concern within their personal life. (see allegations against adults’ policy). If a member of staff’s own child/children come to the attention of the statutory agencies for child protection, then issues of transference of risk will need to be considered by the organisation.
Competence is situational meaning that a worker who may be competent in one role, activity or particular group of young people may not be competent in another. Competence should be considered in relation to specific workers, with specific groups, on specific programmes, in specific environments, undertaking specific activities.
This guidance explains why a DBS can have value and how to best use them as part of a wider culture of safer recruitment. It also highlights their appropriate use and legal compliance. This guidance should be read alongside the Safer Recruitment Policy and Recruitment of Candidates with a Criminal Record Guidance.
This document outlines safeguarding policy and procedures for the protection of children and young people at risk. Every organisation and its individual staff members have a duty of care to ensure the protection of the young people they are working with, from unnecessary risk and/or harm.