Purpose 

Chiswick House and Gardens Trust (CHGT) believes that everyone has the right to live their life free from violence, fear and abuse, and vulnerable people have the right to be protected from harm and exploitation. 

The purpose of the safeguarding policy is to protect children and service users from harm and to provide all employees, workers, and volunteers with information about the safeguarding policy adopted by Chiswick House and Gardens Trust.  

The policy is particularly important in the regulated activity/work that the Trust does with children and service users. In England and Wales this is referred to as regulated activity. In this policy this will be referred to as regulated activity/work. 

The policy covers the arrangements for safeguarding during the recruitment and selection process and safeguarding issues that arise during employment in circumstances where children or service users are placed at risk, or where they could have been placed at risk. The policy also sets out the reporting obligations for all employees and the procedure that should be followed to report abuse if this occurs to one of CHGT’s service users. 

It is the responsibility of everyone, including all staff and volunteers, to play a part in preventing, detecting, and reporting risk of harm to vulnerable adults and children. Chiswick House and Gardens Trust works together with the appropriate agencies to protect vulnerable adults and children. 

CHGT will not tolerate bullying or harassment in our workplace or at work-related events outside of the workplace, whether the conduct is a one-off act or repeated course of conduct, and whether done purposefully or not. Neither will we tolerate retaliation against, or victimisation of, any person involved in bringing a complaint of harassment or bullying. CHGT will take appropriate action if any of our staff or contractors are bullied or harassed by our stakeholders or suppliers. 

Scope 

This policy and procedures applies to all current permanent and fixed-term employees, whether full-time or part-time. It also applies to any contractors, workers, volunteers who engage in regulated activity/work. 

Definitions 

Legal Framework 

This policy is underpinned by the legal principles listed below: 

• Children Act 1989, Children Act 2004 and Children and Social Work Act 2017 
• Safeguarding Vulnerable Groups Act 2006 and Protection of Freedoms Act 2012 
• Children and Families Act 2014 and Education Act 2002 
• Digital Economy Act 2017 
• Adoption and Children Act 2002, Children and Adoption Act 2006 and Children and Young Persons Act 2008 
• Female Genital Mutilation Act 2003 and Borders, Citizenship, and Immigration Act 2009 
• Apprenticeships, Skills, Children and Learning Act 2009 
• Education Act 2011 
• A child is defined by the 1989 and 2004 Children Acts as someone under 18 years old. 
• Care Act 2014 
• Mental Capacity Act 2005 
• Care Standards Act 2000 

 Who is responsible for safeguarding? 

‘Safeguarding is everyone’s responsibility’ to varying degrees but there are a range of people who are responsible for safeguarding within the Chiswick House and Gardens Trust. 

Trustees 

• All Trustees will have a safeguarding induction. 
• It is the responsibility of the Trustees to ensure appropriate action is taken when   a  disclosure or safeguarding incident occurs. Trustees should appoint and support the Designated Safeguarding Officers (DSO) to enable incidents and disclosures to be dealt with promptly and properly. 
• Trustees must ensure that a review of the effectiveness of the Safeguarding Policy is undertaken every three years and ensure that all aspects of the policy are closely followed. 
• Trustees must review the policy when activity changes, for example at the start of a project involving young people, or when the organisation changes significantly. 
• Kauser Fadal is the Trustee responsible for supporting the DSO in safeguarding incidents and will agree with them on any serious incident reports required by the Charity Commission. 
• Trustees should ensure that the DSO receives training to an appropriate standard  and that the DSO is chosen for their suitability. 

Designated Safeguarding Officer (DSO) – Xanthe Arvanitakis 

The Designated Safeguarding Officer will ensure that: 

• This policy is up to date 
• A register is kept of those  receiving safeguarding inductions and training. 
• All staff and volunteers are aware of the procedures, how to follow them and receive appropriate training, especially regarding working online. 
• Specific concerns are discussed and appropriate action taken. 
• Accurate records relating to individual incidents and disclosures are kept in a secure place. 
• Policy updates are undertaken every three years. 
• That employment checks are conducted in accordance with government advice and regulations 
• That children and vulnerable adults undertake appropriate age/ability tasks. 
• An annual safeguarding report is made to the board, including a summary of incidents / concerns, referrals, training, serious incident reports to regulator, risks, learnings, and plans.  

All other staff and volunteers. 

• All other staff and volunteers will have access to the safeguarding policy and  procedures. 
• It is not the role of staff or volunteers to solve problems by themselves but they must be able to report problems to another (unless a specific learning difficulty makes this demanding). 
• If the matter could result in death or serious injury phone 999. 

Recruitment & Induction 

Advertisements for job roles at CHGT will specify clearly whether the work involves regulated activity/work together with the basis of that work.  

Offers of employment will be made conditional on completion of a self-disclosure form and the receipt of satisfactory disclosure checks for appointments involving direct work with children and/or vulnerable adults. The Disclosure and Barring Service will conduct these. 

The check will confirm that the applicant is suitable to conduct the role and has not been barred from performing this work. 

If the background check reveals that an applicant is not suitable, the offer of employment will be withdrawn by CHGT, and the applicant will not be employed. 

In line with good practice and the Rehabilitation of Offenders Act, it is CHGT’s policy that a criminal record does not necessarily prevent employment at CHGT. A risk assessment is conducted by the Director and if convictions are revealed on the declaration form or a criminal record check or it is not possible to obtain a criminal record check from abroad, prior to confirming or withdrawing an appointment. 

Volunteers, Trustees, and freelance consultants who work with children and/or vulnerable adults will be asked to complete a self-disclosure form and will also be subject to satisfactory disclosure checks. 

References will be requested for all new members of staff/volunteers/trustees which will be checked and any previous safeguarding-related concerns followed-up. 

Any new starter will have basic safeguarding training during their induction. Those who undertake regulated activities, for example Learning volunteers, will receive additional support and further safeguarding training.  

Existing Staff and Volunteers 

All employees and volunteers will be required to undertake annual refresher training in relation to Safeguarding. Those who undertake regulated activities will be required to undertake more detailed training.  

Existing employees may be required to provide a satisfactory disclosure check where their work becomes a regulated activity/work or CHGT requires them to start conducting regulated activity/work. Existing employees cannot conduct any regulated activity/work until they have undertaken a satisfactory disclosure check. These checks may be repeated on a three-yearly basis, or other time frame as determined by the Trust. 

The disclosure check will be conducted by the Disclosure and Barring Service in England. 

The check will confirm that the employee is suitable to conduct the work and has not been barred from performing this. 

If employees are unable to provide a satisfactory disclosure check, or refuse to undertake a disclosure check, CHGT will consider the options for redeployment into any available job roles that do not involve regulated activity/work 

If existing employees become added to the children and adults barred lists by either disclosure body, CHGT will consider the options for redeployment into any available job roles that do not involve regulated activity/work.  

In both cases, if this is not possible, CHGT may need to consider dismissal of the employee based on the statutory ban imposed by the disclosure. CHGT may be unable to continue to employ the employee in any capacity if the continued association with the employee cannot be maintained, causing reputational damage to the employer or other reasons that harm its position in the marketplace. 

The above is also applicable for Volunteers who begin to undertake regulated activities. In the event that the individual is unable to undertake such work, and redeployment is not possible, then CHGT may cease to provide work to the volunteer. 

What is abuse? 

Given the risk of abuse to children and service users, all are to be alert at all times to the possibility of abuse towards children or service users.  

Abuse may be a single incident or something that occurs over a long period of time and is something that is done to another person that harms them in some way. It can take many forms including, but not limited to: 

• financial or material abuse
• physical abuse 
• mental abuse
• neglect and failures to act
• sexual abuse
• threats of abuse or harm
• controlling or intimidating conduct
• self-neglect
• domestic abuse 
• poor practices within an organisation providing care 
• modern slavery.

The abuse may come from employees, personal assistants, service users, relatives, neighbours, social workers, providers of support services etc. 

Reporting and investigating abuse/safeguarding incident

All safeguarding incidents will be reported and held securely in the Trust’s digital filing system.  Access to these records is limited to members of the Trust’s Senior Management Team and the Business Support Co-ordinator. 

If a safeguarding incident is disclosed directly to an employee, they must: 

• Remain calm and listen carefully to what they are being told; 
• Do not promise confidentiality; 
• Document the conversation accurately in the report form and pass it to the DSO. 

Any person who suspects that abuse is occurring should refer the matter to the DSO immediately. The DSO will need to be informed of the names of the people involved (if known), what type of abuse is or may be occurring and the dates and times. The allegations will be investigated, and all such reports are taken seriously. The police will be involved if necessary. If the DSO is not available (e.g., on holiday) or is the subject of concern, then refer the matter to the Safeguarding Trustee. 

Employees suspected of abuse will be suspended on full pay pending a full investigation of the complaints. Volunteers or Trustees will be suspended from their activities pending a full investigation. 

CHGT may need to share information about incidents with other parties e.g. School safeguarding leads (where an incident involves a school); the Local Authority Designated Officer (LADO), social services, or the police), depending on the nature of the incident. 

CHGT may be under duty to disclose allegations of abuse to the Disclosure and Barring Service or Disclosure Scotland as appropriate. CHGT may also consider it necessary to inform the police of allegations under investigation. 

Reporting Serious Incidents to the Charity Commission 

The trustees are responsible for reporting serious safeguarding issues to the Charities Commission promptly, even if the matter is still being investigated and the full picture is not yet known. The Safeguarding Trustee and DSO will discuss cases which may need reporting, and the Safeguarding Trustee will decide on any Charity Commission reports required. The full board will be informed about the incident and report being made (except in instances where this is not appropriate). The Charities Commission publishes online guidance to help gather relevant information. An online form is available for initial reports and subsequent updates.  

Incidents that should be reported are: 

• Alleged/actual abuse has resulted in significant harm to beneficiaries whilst under the care of the charity/staff/volunteer responsible. 
• Alleged/actual abuse has resulted in significant harm to people coming into contact with the charity. 
• Breaches of procedure that put people at risk e.g., failure to identify a risk of sexual abuse by a staff member with a record of previous offences by not undertaking vetting processes. 

The need to report is a matter of judgement, but advised if: 

• The level of harm is high. 
• The risk of the charity’s reputation is high. 
• The incident suggests systemic issues.  

Reports should be full and frank, and set out not just what has happened, but how the Trust is responding, what actions are being taken and what lessons have been learned. Criminal matters should have been reported to the police separately. 

Disciplinary action 

If the investigation reveals that abuse has happened, or is happening, CHGT will set up a disciplinary hearing for the employee concerned. Abuse of service users is regarded by CHGT as an act of gross misconduct and the allegation could result in summary dismissal, in line with CHGT’s disciplinary procedure.  

Duty of disclosure 

CHGT is legally required to send information to the Disclosure and Barring Service or Disclosure Scotland if a decision is taken to dismiss an employee or remove them from working in regulated activity/work.  

CHGT may also be required to inform the Disclosure and Barring Service or Disclosure Scotland if CHGT suspends an employee, or an employee resigns in suspicious circumstances, as the referral duty criteria may already be met at that stage. 

Confidentiality 

• It is crucial that staff and volunteers exercise the highest degree of confidentiality, in order to protect the rights of both the alleged victim and alleged perpetrator. Breaches of confidentiality can compromise any investigations that may take place. 
• Personal details of any safeguarding matter should only be discussed with the   appropriate agencies: the DSO, Social Services, or the Police. 
• Trustees, staff, and volunteers should not discuss the case with the public or the media and should relay any enquiries to the DSO. 
• Confidentiality is always a continuing requirement and is also required when staff and volunteers are ‘off duty’ or no longer working or volunteering for the organisation. 
• All safeguarding records will be kept securely.