SAFEGUARDING EMPLOYMENT POLICY
1. POLICY STATEMENT
1.1 Pinnacle Solutions recognises the relevant legislation that exists to protect children and vulnerable adults. Pinnacle Solutions are aware that all staff, freelance workers, volunteers and visitors must comply with this policy.
1.2 The Company will thus ensure that all employed staff, trainers and any freelance trainers are suitably checked to ensure their suitability to work with children and vulnerable adults and are also coached on this Safeguarding policy.
1.3 Definition of ‘children’ - any persons under the age of 18 and ‘vulnerable adults’ meaning any persons over the age of 18 who may by reason of mental or other disability, age or illness be unable to take care of themselves, or have been neglected or unable to protect themselves from significant harm or exploitation to include physical abuse, sexual abuse and emotional abuse.
2. SCOPE AND DEFINITION
2.1 Pinnacle solutions work with children and vulnerable adults as part of its training activity such as apprenticeship training on all aspects of business. Pinnacle recognises the need to protect children and vulnerable adults who receive our services.
This policy statement applies to anyone working for / on behalf of Pinnacle including senior managers, paid staff, volunteers, freelance trainers and has been drawn up on the basis of legislation, policy and guidance that seeks to protect children and vulnerable adults and is in line with the statutory duty under Section 175 of the Education Act 2002.
In addition, this policy has been formalised by following the Common Inspection Framework and ESFA funding guidance.
3. ADDITIONAL SUPPORT AND GUIDANCE
We will seek to keep children and vulnerable adults safe by:
· Valuing, listening and respecting them.
· Develop and use protection and safeguarding policies and procedures which reflect best practice.
· Use our Safeguarding procedures to share concerns and relevant information with those who need to know, and involving children vulnerable adults, staff and carers appropriately.
· Creating and maintaining an anti-bullying environment and ensuring that we have a policy and procedure to help us deal effectively with any bullying that may arise.
· Recruiting staff safely, ensuring all necessary checks are made.
· Providing effective management for staff through supervision, support and training.
· Implementing a code of conduct for all staff.
Using our procedures to manage any allegations against staff appropriately.
Recording and storing information professionally and securely.
4. POLICY IMPLEMENTATION
On induction to working with Pinnacle Solutions, all staff including senior managers and freelance trainers will undertake coaching on Safeguarding, what it is, who it implies to and how to maintain and follow its procedures. Information to relevant legislation will be provided.
5. RAISING AND RECORDING CONCERNS
Pinnacle Solutions will ensure all staff / freelance workers are coached on what to do should a concern need to be raised, to include:
· Informing the most relevant person to the child / vulnerable person – this could be a friend, employer, social worker, doctor, police officer.
· Safeguarding concerns that are believed to be ‘immediate danger’ must be reported to the police.
· If a child / vulnerable adult wishes to discuss his / her concern voluntarily, listen without interruption, keep questions to a minimum, for clarification purposes only and never interrupt.
· As soon as is practical write down everything that has been discussed / why you may have a concern – include date, time, people involved.
· Act promptly and report to your line manager
· Seek advice from colleagues, manager, designated or named professional or other agencies where appropriate, but these discussions should never delay emergency action to protect a child or vulnerable person.
· At close of discussion there should be a clear and explicit agreement about who will be taking what action or that no further action will be taken.
· All staff should be clear that they are passing on concerns as part of their responsibility and that this cannot be on an anonymous basis.
The Disclosure & Barring Service will be used for all staff / freelance workers to enable an assessment of suitability for positions of trust when working with children / vulnerable adults.
6.1 A DBS check can provide access to a range of different types of information, such as, information held on the Barred Lists, the Police National Computer (PNC), including Convictions, Cautions, Reprimands and Warnings in England and Wales, and most of the relevant convictions in Scotland and Northern Ireland may also be included. (The DBS reserves the right to add new data sources).
6.2 DBS checks are required for all those working for Pinnacle Solutions in any role that involves regular care for, and/or training or supervision of, and/or being in sole charge of those aged under 18 or who require such support that would lead to them being considered a vulnerable adult.
6.3 In some circumstances and with appropriate risks assessed, an employee may be permitted to commence their employment prior to their DBS check being received. The risk assessment should state the safeguards that will be put in place whilst the Company is waiting to receive the DBS check. An example of a safeguard would be for the new staff member to team teach or be shadowed until the DBS check arrives.
7. DBS APPLICATION PROCESS
7.1 Once the candidate has been conditionally selected for appointment to a position, paid or unpaid, they will be required to complete the DBS application form.
7.2 It is the responsibility of the Company Director to ensure that all relevant employees and freelance workers complete the DBS application form.
7.3 The application form is obtained from Pinnacle Solutions. The Director of Pinnacle will need to see the applicants’ original personal identification documents for processing the application.
7.4 The application form must be completed in full accord with the DBS. Guidance to completing the application can be obtained from the Company Director.
8. MANAGEMENT OF DBS CHECKS
8.1 No employment/freelance agreement will be confirmed until Pinnacle is satisfied that the DBS check process has been completed and that any concerns arising from the DBS have been addressed, to its satisfaction.
8.2 Where the DBS check is entirely clear the appointment/freelance agreement will be confirmed.
8.3 Where the DBS check states that the applicant is unsuitable to work with children or vulnerable adults, they will not be appointed under any circumstances.
8.4 In determining whether information revealed by a DBS check should lead to withdrawal of an offer of employment/agreement the Company Director will complete a risk assessment which considers the following:
• whether the conviction or other matter revealed is relevant to the position in question, or the context in which that position operates • the seriousness of any offence or other matter revealed • the level of supervision the person would be subject to • the length of time since the offence or other matter occurred • the circumstances surrounding the offence • whether the applicant has a pattern of offending behaviour or the other relevant matters • whether the applicant’s circumstances have changed since the offending behaviour or other relevant matters • whether the offence has since been decriminalised by Parliament • any explanation offered by the applicant • any references provided
8.5 There will be no formulaic approach to making a decision. The Company Director will use their judgement in weighing each of the above factors. Where there is a conflict or potential conflict between seeking to protect young people/vulnerable adults and providing employment/agreements to those with criminal records, the Company will always seek to put the protection of young people/vulnerable adults first. No-one with a conviction for a sex offence will be employed/engaged as freelance.
8.6 If the DBS check reveals information deemed sufficiently serious to withdraw an offer of employment/freelance agreement, the Company will confirm the offer is withdrawn to the applicant in writing. The applicant will have the right to appeal against this decision to the Director. The appeal must be made in writing within seven days of the date of the withdrawal notification. The decision of the Director will be communicated in writing and is final.
9. EXISTING EMPLOYEES
9.1 Pinnacle Solutions reserves the right to check for changes to a persons’ DBS check at any point.
9.2 Where the DBS check indicates a potential for future misconduct, or is inconsistent with information already revealed by the employee, the Company Director will discuss any concerns with the employee / freelance worker in accord with the Company’s Disciplinary Procedure.
9.3 In any circumstance where the DBS check states that the applicant’s name appears on the Barred Lists of those considered unsuitable to work with children or vulnerable adults, they will have their employment summarily terminated.
10. DISCLOSURE AND INFORMATION SECURITY
10.1 Pinnacle Solutions will treat DBS checks with care and responsibility and will keep them secure. Information contained within a DBS checks i.e. date and check number will be kept in locked filing cabinets or desks, access to which is limited to the Director. The Company recognises that inappropriate sharing of a DBS check is a criminal offence under Section 124 of the Police Act 1997.