Monday, March 25, 2019

Safeguarding  Safeguarding Policy

Safeguarding Safeguarding Policy


UDC Safeguarding
Safeguarding Policy

Purpose

The purpose of this policy is to protect people, particularly children, at risk adults and beneficiaries of assistance, from any harm that may be caused due to their coming into contact with [UDC].  This includes harm arising from:
·         The conduct of staff or personnel associated with [UDC]
·         The design and implementation of [UDC]’s programmes and activities

The policy lays out the commitments made by [UDC], and informs staff and associated personnel[1] of their responsibilities in relation to safeguarding.

This policy does not cover:
·         Sexual harassment in the workplace – this is dealt with under [UDC]’s Anti Bullying and Harassment Policy[2]
·         Safeguarding concerns in the wider community not perpetrated by [UDC] or associated personnel

What is safeguarding?

In the UK, safeguarding means protecting peoples' health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect[3]
In our sector, we understand it to mean protecting people, including children and at risk adults, from harm that arises from coming into contact with our staff or program.
 Further definitions relating to safeguarding are provided in the glossary below.

Scope

·         All staff contracted by [UDC]
·         Associated personnel whilst engaged with work or visits related to [UDC], including but not limited to the following: consultants; volunteers; contractors; programme visitors including journalists, celebrities and politicians

Policy Statement

[UDC] believes that everyone we come into contact with, regardless of age, gender identity, disability, sexual orientation or ethnic origin has the right to be protected from all forms of harm, abuse, neglect and exploitation.  [UDC] will not tolerate abuse and exploitation by staff or associated personnel.

This policy will address the following areas of safeguarding [as appropriate]:  child safeguarding, adult safeguarding, and protection from sexual exploitation and abuse.  These key areas of safeguarding may have different policies and procedures associated with them (see Associated Policies).

[UDC] commits to addressing safeguarding throughout its work, through the three pillars of prevention, reporting and response.

Prevention

[NGO] responsibilities

[UDC] will:
·         Ensure all staff have access to, are familiar with, and know their responsibilities within this policy
·         Design and undertake all its programs and activities in a way that protects people from any risk of harm that may arise from their coming into contact with [UDC].  This includes the way in which information about individuals in our programmes is gathered and communicated
·         Implement stringent safeguarding procedures when recruiting, managing and deploying staff and associated personnel
·         Ensure staff receive training on safeguarding at a level commensurate with their role in the organization
·         Follow up on reports of safeguarding concerns promptly and according to due process

Staff responsibilities

Child safeguarding
[UDC] staff and associated personnel must not:
·         Engage in sexual activity with anyone under the age of 18
·         Sexually abuse or exploit children
·         Subject a child to physical, emotional or psychological abuse, or neglect
·         Engage in any commercially exploitative activities with children including child labour or trafficking

Adult safeguarding
[UDC] staff and associated personnel must not:
·         Sexually abuse or exploit at risk adults
·         Subject an at risk adult to physical, emotional or psychological abuse, or neglect

Protection from sexual exploitation and abuse
[UDC] staff and associated personnel must not:
·         Exchange money, employment, goods or services for sexual activity. This includes any exchange of assistance that is due to beneficiaries of assistance
·         Engage in any sexual relationships with beneficiaries of assistance, since they are based on inherently unequal power dynamics

Additionally, [UDC] staff and associated personnel are obliged to:
·         Contribute to creating and maintaining an environment that prevents safeguarding violations and promotes the implementation of the Safeguarding Policy
·         Report any concerns or suspicions regarding safeguarding violations by an [UDC] staff member or associated personnel to the appropriate staff member

Enabling reports

[UDC] will ensure that safe, appropriate, accessible means of reporting safeguarding concerns are made available to staff and the communities we work with.

Any staff reporting concerns or complaints through formal whistleblowing channels (or if they request it) will be protected by [UDC]’s Disclosure of Malpractice in the Workplace (Whistleblowing) Policy.

[UDC] will also accept complaints from external sources such as members of the public, partners and official bodies. 

How to report a safeguarding concern

Staff members who have a complaint or concern relating to safeguarding should report it immediately to their Safeguarding Focal Point [as appropriate] or line manager.  If the staff member does not feel comfortable reporting to their Safeguarding Focal Point or line manager (for example if they feel that the report will not be taken seriously, or if that person is implicated in the concern) they may report to any other appropriate staff member.  For example, this could be a senior manager or a member of the HR Team.

[Provide contact details]

Response

[UDC] will follow up safeguarding reports and concerns according to policy and procedure, and legal and statutory obligations (see Procedures for reporting and response to safeguarding concerns in Associated Policies).

[UDC] will apply appropriate disciplinary measures to staff found in breach of policy.

[UDC] will offer support to survivors of harm caused by staff or associated personnel, regardless of whether a formal internal response is carried out (such as an internal investigation).  Decisions regarding support will be led by the survivor.

Confidentiality

It is essential that confidentiality in maintained at all stages of the process when dealing with safeguarding concerns.  Information relating to the concern and subsequent case management should be shared on a need to know basis only, and should be kept secure at all times.

Associated policies

Code of Conduct
Anti Bullying and Harassment policy
Disclosure of Malpractice in the Workplace (Whistle-blower) policy
Child Safeguarding policy
Adult Safeguarding policy
PSEA (Protection from Sexual Exploitation and Abuse by staff) policy
Complaints Policy
Procedures for reporting and response to safeguarding concerns
Procedures for safeguarding in staff recruitment

Other policies as appropriate

Glossary of Terms

Beneficiary of Assistance
Someone who directly receives goods or services from [UDC]’s program.  Note that misuse of power can also apply to the wider community that the UDC serves, and also can include exploitation by giving the perception of being in a position of power.
Child
A person below the age of 18
Harm
Psychological, physical and any other infringement of an individual’s rights
Psychological harm
Emotional or psychological abuse, including (but not limited to) humiliating and degrading treatment such as bad name calling, constant criticism, belittling, persistent shaming, solitary confinement and isolation


Protection from Sexual Exploitation and Abuse (PSEA)
The term used by the humanitarian and development community to refer to the prevention of sexual exploitation and abuse of affected populations by staff or associated personnel.  The term derives from the United Nations Secretary General’s Bulletin on Special Measures for Protection from Sexual Exploitation and Abuse (ST/SGB/2003/13)
Safeguarding
In the UDC, safeguarding means protecting peoples' health, wellbeing and human rights, and enabling them to live free from harm, abuse and neglect[4]
In our sector, we understand it to mean protecting people, including children and at risk adults, from harm that arises from coming into contact with our staff or programs.  One donor definition is as follows:
Safeguarding means taking all reasonable steps to prevent harm, particularly sexual exploitation, abuse and harassment from occurring; to protect people, especially vulnerable adults and children, from that harm; and to respond appropriately when harm does occur.
This definition draws from our values and principles and shapes our culture. It pays specific attention to preventing and responding to harm from any potential, actual or attempted abuse of power, trust, or vulnerability, especially for sexual purposes.
Safeguarding applies consistently and without exception across our programs, partners and staff. It requires proactively identifying, preventing and guarding against all risks of harm, exploitation and abuse and having mature, accountable and transparent systems for response, reporting and learning when risks materialize. Those systems must be survivor-centered and also protect those accused until proven guilty.
Safeguarding puts beneficiaries and affected persons at the center of all we do.
Sexual abuse
The term ‘sexual abuse’ means the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.
Sexual exploitation
The term ‘sexual exploitation’ means any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.  This definition incudes human trafficking and modern slavery.
Survivor
The person who has been abused or exploited. The term ‘survivor’ is often used in preference to ‘victim’ as it implies strength, resilience and the capacity to survive, however it is the individual’s choice how they wish to identify themselves.
At risk adult
Sometimes also referred to as vulnerable adult.  A person who is or may be in need of care by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.


[1] See ‘Scope’ for definition of associated personnel



Disclosure of Malpractice in the Workplace Policy

Disclosure of Malpractice in the Workplace Policy


UDC  Safeguarding
Disclosure of Malpractice in the Workplace Policy

Purpose

At [UDC], it is vital that everyone who works for us maintains the highest standards of conduct, integrity and ethics, and complies with local legislation. If an employee, volunteer, partner, consultant or contractor has any genuine concerns about malpractice in the workplace, we wish to encourage them to communicate these without fear of reprisals and in the knowledge that they will be protected from victimisation and dismissal.

This policy does not form part of an employees' terms and conditions of employment and may be subject to change at the discretion of management.

Malpractice includes (but is not limited to) the issues listed below:
·         Financial wrongdoing including theft, bribery, fraud, money laundering and aid diversion
·         A failure to comply with any legal obligations
·         Sexual misconduct, including sexual abuse, harassment or exploitation (see [UDC] Safeguarding Policy)
·         Abuse or exploitation of children, vulnerable adults or beneficiaries (see [UDC] Safeguarding Policy as above)
·         Breach of [UDC] policy
·         Abuse of position
·         Danger to the health and safety of individuals or damage to the environment
·         Improper conduct or unethical behaviour
·         Activity which would bring the organisation into serious disrepute
·         The deliberate concealment of information relating to any of the matters listed above

If you have a genuine concern and have a reasonable belief it is in the public interest, even if it is later discovered that you are mistaken, under this policy you will not be at risk of losing your job or from suffering any form of retribution as a result. This assurance will not be extended to an individual who maliciously raises a matter they know to be untrue or who is involved in any way in the malpractice. Those found to be making false allegations maliciously will have disciplinary action taken against them.

Malpractice is not a complaint about the performance and behaviour of a manager or other work colleague towards you. Such complaints will be directed for action to [UDC]’s HR policies and procedures.

If you genuinely believe that the actions of someone who works for [UDC] could lead to or has resulted in malpractice, please follow the procedure below.

Please note this procedure is not intended to replace [UDC]’s Grievance Procedures, which continues to be the appropriate way to raise personal issues relating to the specific job or employment.

1. Raise the matter with your line manager, who will consult with the appropriate contact point. If you feel that you are unable to raise the matter with your line manager, and you are able to, raise it with a more senior manager.

At the point of raising a concern it would be useful for you to share information describing:
·         Whether anyone is at immediate risk of harm?
·         What happened? If possible make note of dates, times, places, people.
·         Who is involved?
·         How do you know about it?
·         When were you first concerned about it?
·         Have you told anybody about it?
·         Was any action taken?

All managers should:
·         Report incidents of theft, fraud, or corruption immediately to [UDC]’s Fraud and Corruption lead
·         Report Safeguarding concerns relating to sexual abuse or exploitation of children, vulnerable adults, beneficiaries or any [UDC] representative to [UDC]’s Safeguarding lead
·         Report any other incidents of malpractice in the workplace to your HR team, or to the Head of Human Resources

2. A decision will be made on whether it is appropriate to handle such complaints under this policy. Where not appropriate the complainant will be informed and their permission sought to divert the issue to the appropriate HR procedure.

3. When matters are reported to the Fraud and Corruption lead, [UDC]’s Fraud and Corruption policy will be followed. If an investigation is conducted, the outcome may involve taking disciplinary action if misconduct has been proved, which may include dismissal.

4. When matters are reported to the Safeguarding lead, [UDC]’s Safeguarding Investigation Guidelines will be followed. If an investigation is conducted, the outcome may involve taking disciplinary action if misconduct has been proved, which may include dismissal.

You will be notified once the matter has been resolved, but outcomes are subject to confidentiality and may not be communicated.

[UDC] will take appropriate action, which may end in dismissal, in accordance with the relevant procedure against any employee, volunteer or consultant who:
·         Has been found to be victimising another individual for using this procedure, or deterring them from reporting genuine concerns under it.
·         Made a disclosure maliciously that is known to be untrue or without reasonable grounds for believing that the information supplied was accurate.

Frequently asked questions

What if the line manager is involved in the alleged malpractice in some way?

If the line manager is involved in the alleged malpractice in some way, the matter should be raised with the next senior manager in the management line. Concerns regarding financial wrongdoing may be raised directly with the Fraud and Corruption lead and concerns relating to sexual abuse or exploitation of children, vulnerable adults, beneficiaries or any [UDC] representative to the Safeguarding lead.

Can the disclosure be made anonymously?
You are strongly encouraged not to make anonymous disclosures as details and further concerns cannot then be checked with you and this may seriously limit the ability of investigators to pursue your concerns. Nonetheless, all disclosures, made anonymously or otherwise, will be reviewed but lack of information may limit the nature, extent and outcome of the investigation.

Who will conduct the investigation?
Normally an independent person from within [UDC] will be appointed. On rare occasions, or for complex cases such as safeguarding, external investigation support may be sought.

What if the matter involves a criminal offence?
The issue may also be reported to the police if a criminal offence, such as fraud or theft, or sexual assault has been committed.

What if the matter is a complaint about the performance or behaviour of a manager or colleague against me?
Such complaints will be directed for action to the appropriate HR policy under unless the concerns relate to concerns of sexual misconduct or other forms of malpractice listed in this policy.