4.3.5 Guidance for Safer Working Practice for Adults who Work with Children

2. 'Unsuitability'

(WT 2010 Chapter 6, page 153. See also AMA document on 'Unsuitability' available Dec 07 from Allegation Management Advisers in Government Offices)

The guidance contained in this document is an attempt to identify what behaviours are expected of adults who work with children and young people. Adults whose practice deviates from this guidance and/or their professional or employment-related code of conduct may bring into question their suitability to work with children and young people.

This means that adults should:

• have a clear understanding about the nature and content of this document
• discuss any uncertainties or confusion with their line manager
• understand what behaviours may call into question their suitability to continue to work with children and young people

4. Confidentiality

Adults may have access to confidential information about children and young people in order to undertake their responsibilities.  In some circumstances they may have access to or be given highly sensitive or private information. These details must be kept confidential at all times and only shared when it is in interests of the child to do so. Such information must not be used to intimidate, humiliate, or embarrass the child or young person concerned.

If an adult who works with children is in any doubt about whether to share information or keep it confidential he or she should seek guidance from a senior member of staff or nominated child protection person. Any actions should be in line with locally agreed information sharing protocols. 

The storing and processing of personal information about children and young people is governed by the Data Protection Act 1998.  Employers should provide clear advice to adults about their responsibilities under this legislation.

Whilst adults need to be aware of the need to listen and support children and young people, they must also understand the importance of not promising to keep secrets. Neither should they request this of a child young person under any circumstances.

Additionally, concerns and allegations about adults should be treated as confidential and passed to a senior manager without delay.

This means that adults:

• be clear about  when information can be shared  and in what circumstances  it is appropriate to do so
• are expected to treat information they receive about children and young people in a discreet and confidential manner
• should seek advice from a senior member of staff if they are in  any doubt about sharing information they hold or which has been requested of them
• need to know to whom any concerns or allegations should be reported

6. Power and Positions of Trust

As a result of their knowledge, position and/or the authority invested in their role, all adults working with children and young people are in positions of trust in relation to the young people in their care. Broadly speaking, a relationship of trust can be described as one in which one party is in a position of power or influence over the other by virtue of their work or the nature of their activity. It is vital for all those in positions of trust to understand the power this can give them over those they care for and the responsibility they must exercise as a consequence of this relationship. (Caring for Young People and the Vulnerable. Guidance for Preventing Abuse of Trust Home Office)

A relationship between an adult and a child or young person cannot be a relationship between equals. There is potential for exploitation and harm of vulnerable young people. Adults have a responsibility to ensure that an unequal balance of power is not used for personal advantage or gratification.

Adults should always maintain appropriate professional boundaries and avoid behaviour which might be misinterpreted by others. They should report and record any incident with this potential.

Where a person aged 18 or over is in a specified position of trust (Sexual Offences Act 2003. Sect 16-19 re-enacts and amends offence of abuse of position of trust) with a child under 18, it is an offence for that person to engage in sexual activity with or in the presence of that child, or to cause or incite that child to engage in or watch sexual activity.

This means that adults should not:

• use their position to gain access to information for their own or others' advantage 
• use their position to  intimidate, bully, humiliate, threaten, coerce or undermine children or young people
• use their status and standing to form or promote relationships  which are of a sexual nature, or which may become so

8. Dress and Appearance

A person's dress and appearance are matters of personal choice and self-expression.  However adults should dress in ways which are appropriate to their role and this may need to be different to how they dress when not at work.  

Adults who work with children and young people should ensure they take care to ensure they are dressed appropriately for the tasks and the work they undertake. 

Those who dress in a manner which could be considered as inappropriate could render themselves vulnerable to criticism or allegations.

This means that adults should wear clothing which:

• is appropriate to their role
• is not likely to be viewed as offensive, revealing, or sexually provocative
• does not distract, cause embarrassment or give rise to misunderstanding
• is absent of any political or otherwise contentious slogans
• is not considered to be discriminatory and is culturally sensitive

10. Gifts, Rewards and Favouritism

The giving of gifts or rewards to children or young people should be part of an agreed policy for supporting positive behaviour or recognising particular achievements. In some situations, the giving of gifts as rewards may be  accepted practice for  a group of children, whilst in other situations the giving of a gift  to an individual child or young person will be part of an agreed plan, recorded and discussed with senior manager and the parent or carer.

It is acknowledged that there are specific occasions when adults may wish to give a child or young person a personal gift. This is only acceptable practice where, in line with the agreed policy, the adult has first discussed the giving of the gift and the reason for it, with the senior manager and/or parent or carer and the action is recorded. Any gifts should be given openly and not be based on favouritism. Adults need to be aware however, that the giving of gifts can be misinterpreted by others as a gesture either to bribe or groom ('grooming' - the act of gaining the trust of a child so that sexual abuse can take place.) a young person. 

Adults should exercise care when selecting children and/or young people for specific activities or privileges to avoid perceptions of favouritism or unfairness. Methods and criteria for selection should always be transparent and subject to scrutiny.

Care should also be taken to ensure that adults do not accept any gift that might be construed as a bribe by others, or lead the giver to expect preferential treatment.

There are occasions when children, young people or parents wish to pass small tokens of appreciation to adults e.g. on special occasions or as a thank-you and this is acceptable. However, it is unacceptable to receive gifts on a regular basis or of any significant value.

This means that adults should:

• be aware of their organisation's policy  on the giving and receiving of gifts
• ensure that gifts received or given in situations which may be misconstrued are declared
• generally, only give gifts to an individual young person as  part of an agreed reward system
• where giving gifts other than as above, ensure that these are of insignificant value
• ensure that all selection processes which concern children and young people are fair and that wherever practicable these are undertaken and agreed by more than one member of staff

12. Communication with Children and Young People  (including the Use of Technology)

Communication between children and adults, by whatever method, should take place within clear and explicit professional boundaries. This includes the wider use of technology such as mobile phones text messaging, e-mails, digital cameras, videos, web-cams, websites and blogs. Adults should not share any personal information with a child or young person. They should not request, or respond to, any personal information from the child/young person, other than that which might be appropriate as part of their professional role. Adults should ensure that all communications are transparent and open to scrutiny.

Adults should also be circumspect in their communications with children so as to avoid any possible misinterpretation of their motives or any behaviour which could be construed as grooming. They should not give their personal contact details to children and young people including e-mail, home or mobile telephone numbers, unless the need to do so is agreed with senior management and parents/carers. E-mail or text communications between an adult and a child young person outside agreed protocols may lead to disciplinary and/or criminal investigations. This also includes communications through internet based web sites.

Internal e-mail systems should only be used in accordance with the organisation's policy.

This means that the organisation should:

• have  a communication policy which specifies  acceptable  and permissible modes of communication

This means that adults should:

• not give their personal contact details to children or young people, including their mobile telephone number
• only use  equipment e.g. mobile phones, provided by organisation  to communicate with children, making sure that parents have given permission for this form of communication to be used
• only make contact with children for professional reasons and in accordance with any organisation  policy
• recognise that text messaging is rarely an appropriate response to a child in a crisis situation or at risk of harm. It should only be used as a last resort when other forms of communication are not possible
• not use internet or web-based communication channels  to send personal messages to  a child/young person 

14. Sexual Contact

All adults should clearly understand the need to maintain appropriate boundaries in their contacts with children and young people. Intimate or sexual relationships between children/young people and the adults who work with them will be regarded as a grave breach of trust.  Allowing or encouraging a relationship to develop in a way which might lead to a sexual relationship is also unacceptable.

Any sexual activity between an adult and the child or young person with whom they work may be regarded as a criminal offence and will always be a matter for disciplinary action.

Children and young people are protected by specific legal provisions regardless of whether the child or young person consents or not.  The sexual activity referred to does not just involve physical contact including penetrative and non-penetrative acts. It may also include non-contact activities, such as causing children to engage in or watch sexual activity or the production of pornographic material.  'Working Together to Safeguard Children' (Working Together to Safeguard Children. A guide to interagency working to safeguard and promote the welfare of children HM Government 2006), defines sexual abuse as "forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening".

There are occasions when adults embark on a course of behaviour known as 'grooming' where the sole purpose is to gain the trust of a child, and manipulate that relationship so sexual abuse can take place.  Adults should be aware that consistently conferring inappropriate special attention and favour upon a child might be construed as being part of a 'grooming' process and as such will give rise to concerns about their behaviour.

This means that adults should not:

• have  sexual relationships with children and young people
• have  any form of communication with a child or young person which could be interpreted as sexually suggestive or provocative i.e. verbal comments, letters, notes, electronic mail, phone calls, texts, physical contact
• make sexual remarks to, or about, a child/young person
• discuss their own sexual relationships with or in the presence of children or young people

This means that adults should:

• ensure that their relationships with children and young people  clearly take place within the boundaries of a respectful  professional relationship
• take care that their language or conduct does not give rise to comment or speculation. Attitudes, demeanour and language all require care and thought, particularly when members of staff are dealing with adolescent boys and girls.

16. Other Activities that require Physical Contact

Adults who work in certain settings, for example sports  drama or outdoor activities will have to initiate some physical contact with children, for example to demonstrate technique in the use of a particular piece of equipment, adjust posture, or perhaps to  support a child so they can perform an activity safely or prevent injury.  Such activities should be carried out in accordance with existing codes of conduct, regulations and best practice.

Physical contact should take place only when it is necessary in relation to a particular activity. It should take place in a safe and open environment i.e. one easily observed by others and last for the minimum time necessary. The extent of the contact should be made clear to the parent/carer and once agreed, should be undertaken with the permission of the child/young person. Contact should be relevant to their age or understanding and adults should remain sensitive to any discomfort expressed verbally or non-verbally by the child.

Guidance and protocols around safe and appropriate physical contact are provided by national organisations, for example sports governing bodies or major arts organisations, or the employing organisation and should be understood and applied consistently. Any incidents of physical contact that cause concern or fall outside of these protocols and guidance should be reported to the senior manager and parent or carer.

It is good practice if all parties clearly understand at the outset, what physical contact is necessary and appropriate in undertaking specific activities. Keeping parents/carers, children and young people informed of the extent and nature of any physical contact may also prevent allegations of misconduct or abuse arising.

This means that adults should:

• treat children with dignity and respect and avoid contact with intimate parts  of the body
• always explain to a child the reason why contact is necessary and what form that contact will take
• seek consent of parents where a child or young person is unable to do so because of a disability.
• consider alternatives, where it is anticipated that a child might misinterpret any such contact,
• be familiar with and follow recommended guidance and protocols
• conduct activities where they can be seen by others
• be aware of gender, cultural or religious issues  that may need to be considered prior to initiating physical contact

This means that organisations should:

• have up to date guidance and protocols on appropriate physical contact in place that promote safe practice and include clear expectations of behaviour and conduct.
• ensure that staff are made aware of this guidance and that safe practice is continually promoted through supervision and training.

18. Use of Control and  Physical Intervention

There are circumstances in which adults working with children displaying extreme behaviours can legitimately intervene by using either non-restrictive or restrictive physical interventions.  This is a complex area and adults and organisations must have regard to government guidance and legislation in the development and implementation of their own policies and practice.

The use of physical intervention should, wherever possible, be avoided. It should only be used to manage a child or young person's behaviour if it is necessary to prevent personal injury to the child, other children or an adult, to prevent serious damage to property or in what would reasonably be regarded as exceptional circumstances. When physical intervention is used it should   be undertaken in such a way that maintains the safety and dignity of all concerned

The scale and nature of any physical intervention must be proportionate to both the behaviour of the individual to be controlled and the nature of the harm they may cause.  The minimum necessary force should be used and the techniques deployed in line with recommended policy and practice.

Under no circumstances should physical force or intervention be used as a form of punishment. The duty of care which applies to all adults and organisations working with children and young people requires that reasonable measures are taken to prevent children being harmed.  The use of unwarranted physical force is likely to constitute a criminal offence.

In settings where restrictive physical interventions may need  to be employed regularly, i.e. where adults are working with children with extreme behaviours associated with learning

disability or autistic spectrum disorders, the employer should have a policy on the use of such intervention, as part of a wider behaviour management policy.  Individual care plans, drawn up in consultation with parents/carers and where appropriate, the child, should set out the strategies and techniques to be used and those which should be avoided.   Risk assessments should be carried out where it is foreseeable that restrictive physical intervention may be required.

In all cases where physical intervention is employed the incident and subsequent actions should be documented and reported. This should include written and signed accounts of all those involved, including the child or young person. The parents/carers should be informed the same day.

This means that adults should:

• adhere to the organisation's  physical intervention policy
• always seek to defuse situations
• always use minimum force for the shortest period necessary
• record and report as soon as possible after the event any incident where physical intervention has been used.

This means that organisations should:

• have a policy on the use of physical intervention in place that complies with government guidance and legislation and describes the context in which it is appropriate to use

physical intervention

• ensure that an effective recording system is pace which allows for incidents to be tracked and monitored
• ensure adults are familiar with the above
• ensure that staff are appropriately trained

20. Intimate Care

Some job responsibilities necessitate intimate physical contact with children on a regular basis, for example assisting young children with toileting, providing intimate care for children with disabilities or in the provision of medical care.  The nature, circumstances and context of such contact should comply with professional codes of practice or guidance and/or be part of a formally agreed plan, which is regularly reviewed.  The additional vulnerabilities that may arise from a physical or learning disability should be taken into account and be recorded as part of an agreed care plan. The emotional responses of any child to intimate care should be carefully and sensitively observed, and where necessary, any concerns passed to senior managers and/or parents/carers.

All children have a right to safety, privacy and dignity when contact of a physical or intimate nature is required and depending on their abilities, age and maturity should be encouraged to act as independently as possible. 

The views of the child should be actively sought, wherever possible, when drawing up and reviewing formal arrangements. As with all individual arrangements for intimate care needs, agreements between the child, parents/carers and the organisation must be negotiated and recorded.

This means that adults should:

• adhere to the organisation's intimate care guidelines or code of practice
• make other staff aware of the task being undertaken
• explain to the child what is happening
• consult with senior managers and parents/carers where any variation from agreed procedure/care plan is necessary
• record the justification for any variations to the agreed procedure/care plan and share this information with parents
• ensure that any changes to the agreed care plan are discussed, agreed and recorded.

22. First Aid and Administration of Medication

It is expected that adults working with children and young people should be aware of basic first aid techniques. It is not however, a contractual requirement and whilst adults may volunteer to undertake such tasks, they should be suitably trained and qualified before administering first aid  and/or any agreed medication.

When administering first aid, wherever possible, adults should ensure that another adult is aware of the action being taken.  Parents should always be informed when first aid has been administered.

In circumstances where children need medication regularly a health care plan should have been established to ensure the safety and protection of children and the adults who are working with them.  Depending upon the age and understanding of the child, they should where appropriate, be encouraged to self administer medication or treatment including, for example any ointment, use of inhalers.

This means that organisations should:

• ensure staff understand the extent and limitations of their role in applying  basic care and hygiene tasks for minor abrasions and  understand where  an injury requires more experienced  intervention
• ensure there are trained and  named individuals to undertake first aid responsibilities
• ensure training is regularly monitored and updated
• always ensure that arrangements are in place to obtain parental  consent for the administration of first aid or medication

This means that adults should:

• adhere to the organisation's  policy for administering first aid or medication
• comply with the necessary reporting requirements
• make other adults aware of the task being undertaken
• explain to the child what is happening.
• always act and be seen to act in the child's best interests
• report and record any administration of first aid or medication
• have regard to any health plan which is in place
• always ensure that an appropriate health/risk assessment is undertaken prior to undertaking  certain activities

24. Home Visits

There are workers for whom home visits are an integral part of their work. In these circumstances it is essential that appropriate policies and related risk assessments are in place to safeguard children and young people and the adults who work with them.

A risk assessment should include an evaluation of any known factors regarding the child/young person, parents and others living in the household.  Risk factors such as hostility, child protection concerns, complaints or grievances can make adults more vulnerable to an allegation. Specific consideration should be given to visits outside of 'office hours' or in remote or secluded locations.  Following an assessment, appropriate risk management measures should be in place before visits are agreed. Where little or no information is available, visits should not be made alone.  There will be occasions where risk assessments are not possible or not available, e.g. when emergency services are used. In these circumstances, a record must always be made of the circumstances and outcome of the home visit. Such records must always be available for scrutiny.

Under no circumstances should an adult visit a child in their home outside agreed work arrangements or invite a child to their own home or that of a family member, colleague or friend.  If in an emergency, such a one -off arrangement is required, the adult must have a prior discussion with a senior manager and the parents or carers and a clear justification for such arrangement is agreed and recorded.

These means that adults should:

• agree the purpose for any home visit with senior management, unless this is an acknowledged and integral part of their role e.g. social workers
• adhere to agreed risk management strategies
• always make detailed records including times of arrival and departure  and work undertaken
• ensure any behaviour or situation which gives rise to concern is discussed with their manager and, where appropriate action is taken

This means that employers should:

• ensure that they have home visit and lone-working policies of which all adults are made aware. These should include arrangements for risk assessment and management
• ensure that all  visits are justified and recorded
• ensure that adults are not exposed to unacceptable risk
• ensure that adults have access to a  mobile telephone and an emergency contact person

26. Trips and Outings

Adults should take particular care when supervising children and young people on trips and outings, where the setting is less formal than the usual workplace. Adults remain in a position of trust and need to ensure that their behaviour remains professional at all times and stays within clearly defined professional boundaries. .

Where activities include overnight stays, careful consideration needs to be given to sleeping arrangements. Children, young people, adults and parents should be informed of these prior to the start of the trip.  In all circumstances, those organising trips and outings must pay careful attention to ensuring safe staff/child ratios and to the gender mix of staff especially on overnight stays. 

Health and Safety arrangements require members of staff to keep colleagues/employers aware of their whereabouts, especially when involved in activities outside the usual workplace.

This means that adults should:

• always have another adult present in out of workplace  activities, unless otherwise agreed with a senior manager
• undertake  risk assessments in line with their organisation's policy where applicable
• have parental consent to the activity
• ensure that their behaviour remains professional at all times (see Section 7, Propriety and Behaviour)
• never share beds with a child/children or young people.
• not share bedrooms unless it involves a dormitory situation and the arrangements have been previously discussed with senior manager, parents and children and young people.

28. Access to Inappropriate Images and Internet Usage

There are no circumstances that will justify adults possessing indecent images of children. Adults who access and possess links to such websites will be viewed as a significant and potential threat to children.  Accessing, making and storing indecent images of children on the internet is illegal. This will lead to criminal investigation and the individual being barred from working with children and young people, if proven.

Adults should not use equipment belonging to their organisation to access adult pornography; neither should personal equipment containing these images or links to them be brought into the workplace. This will raise serious concerns about the suitability of the adult to continue to work with children.

Adults should ensure that children and young people are not exposed to any inappropriate images or web links. Organisations and adults need to ensure that internet equipment used by children have the appropriate controls with regards to access.  e.g. personal passwords should be kept confidential.

Where indecent images of children or other unsuitable material are found, the police and Local Authority Designated Officer (LADO) should be immediately informed. Adults should not attempt to investigate the matter or evaluate the material themselves, as this may lead to evidence being contaminated which in itself can lead to a criminal prosecution.

This means that organisations should

• have clear e-safety policies in place about access to and use of the internet
• make guidance available to both adults and children and young people about appropriate usage.

 This means that adults should:

• follow their organisation's guidance on the use of IT equipment
• ensure that children are not exposed to unsuitable material on the internet
• ensure that any films  or material shown to children and young people are age appropriate

30. Sharing Concerns and Recording Incidents

Individuals should be aware of their organisation's child protection procedures, including procedures for dealing with allegations against adults. All allegations must be taken seriously and properly investigated in accordance with local procedures and statutory guidance.   Adults who are the subject of allegations are advised to contact their professional association.

In the event of any allegation being made, to someone other than a manager, information should be clearly and promptly recorded and reported to a senior manager without delay. 

Adults should always  feel able to discuss with their line manager any difficulties or problems that may affect their relationship with children and young people so that appropriate support can be provided or action can be taken.

It is essential that accurate and comprehensive records are maintained wherever concerns are raised about the conduct or actions of adults working with or on behalf of children and young people.

This means that adults:

• should be familiar with their organisation's  system for recording concerns
• should take responsibility for recording any incident, and passing on that information where they have concerns about any matter pertaining to the welfare of an individual in  the  workplace

This means that organisations:

• should have an effective, transparent and accessible system for recording and managing concerns raised by any individual in the workplace