Ollscoil Chathair Bhaile Átha Cliath Dublin City University KEEPING CHILDREN SAFE. Policies and Procedures supporting Child Protection at DCU - PDF

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Ollscoil Chathair Bhaile Átha Cliath Dublin City University KEEPING CHILDREN SAFE Policies and Procedures supporting Child Protection at DCU KEEPING CHILDREN SAFE Policies and Procedures supporting Child

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Ollscoil Chathair Bhaile Átha Cliath Dublin City University KEEPING CHILDREN SAFE Policies and Procedures supporting Child Protection at DCU KEEPING CHILDREN SAFE Policies and Procedures supporting Child Protection at DCU CHILD PROTECTION AND SAFEGUARDING POLICY 5 Statement of Intent 5 Statement of Applicability 6 Statement of Purpose 6 Types and Definitions of Abuse 7 ROLES AND RESPONSIBILITIES 8 Basis for Roles and Responsibilities 8 Application of Corporate / Organisational Responsibilities 8 Application of Individual responsibilities 9 Application of specific individual responsibilities 9 Governance 9 Chief Operations Officer 9 Executive Deans and Heads of School / Centres /Units responsible for 9 DCU Designated Liaison Person 10 DCU Staff 10 Application of External Organisations / Agencies / Group responsibilities 11 ADDITIONAL SUPPORTING POLICIES 11 Respect and Dignity 11 Child Protection and Safeguarding Training Policy 11 Communication and Social Media 12 Mobile phones: 12 Use of Mobile/Camera Phones by DCU Staff: Video Recording and Photography Best Practice 13 Emergency Procedures 14 Procedure to follow where a child is Lost or Missing 14 Safety Statement 15 Mentoring Safeguards 15 Work or Study Placement 16 Children with a disability 17 Procedure to deal with Trespassing 17 Removal from DCU Campus facilities 17 Unaccompanied Children / Young People / Vulnerable Persons Procedure 17 CHILD PROTECTION CODES OF CONDUCT 19 CP Code of Conduct - DCU Staff 19 CP Code of Conduct DCU Staff and Research involving Children 21 CP Code of Conduct Students mentoring Children 21 CP Code of Conduct - External Contractors on DCU Campus 22 CP Code of Conduct - External Organisations on DCU Campus facilities 22 CP Code of Conduct - Off Duty Contact between DCU Staff and children 22 DESIGNATED LIAISON PERSON 23 Deputy Designated Liaison Person 24 Unavailability of Designated Liaison Person or Deputy DLP 25 Designated Child Protection Contact Person (DCP) 25 4 KEEPING CHILDREN SAFE Policies and Procedures supporting Child Protection at DCU REPORTING PROCEDURES 27 Reasonable grounds for Reporting Suspicions or Concerns 27 Seeking the advice of the Child and Family Agency 27 Impediments for Reporting Suspicions or Concerns 28 Allegations of Historical Abuse 28 Responding to, Reporting and Recording of Disclosures 29 Legal Obligations to Reporting Suspicions and Concerns 32 Legal Protection for Reporting Suspicions or Concerns 33 Criminal Offence of Reckless Endangerment of children 33 Child Pornography 33 Disclosure of child abuse to DCU Staff acting in a professional capacity 34 Allegations made against a member(s) of DCU Staff 34 Breach of Policy 36 Anonymous Complaints 36 Vexatious complaints & Victimisation 36 Confidentiality 37 Investigation Process DCU 37 Investigative process Statutory Authorities 37 Freedom of Information 38 Data Protection 38 Information Sharing 38 Employment and Linked Legislative Requirements 39 Recruitment of Permanent; Casual or Seasonal Staff by DCU 39 Garda Vetting DCU Employees 40 Vetting of Staff employed with external Contractor 40 GLOSSARY OF TERMS 42 APPENDICES 45 Appendix 1 Definitions; Types and Signs of Abuse * 45 Appendix 2 TUSLA Standard Reporting Form 53 Appendix 3 Children First and Information Officers Child and Family Agency 55 Appendix 4 Contacts for Child & Family Agency Children and Family Services 57 Appendix 5 Legislation 62 Appendix 6 Flowchart - External Child Protection & Safeguarding concerns 64 Appendix 7 Flowchart - Internal Child Protection & Safeguarding concerns 65 Appendix 8 Self-Declaration 66 5 CHILD PROTECTION AND SAFEGUARDING POLICY Statement of Intent While Dublin City University (hereafter DCU) and its subsidiary companies is regarded as an adult educational and research environment for university students, it does recognise its responsibility to promote and safeguard the welfare of children, young people and vulnerable persons who may be present within its Campus facilities. DCU believes and subscribes to the societal view that: 1. It is unacceptable for a child / young person / vulnerable person(here in after referred to as a child ) to experience any form of harm or abuse. 2. Their welfare is paramount and they have the right to protection. 3. All children should be valued and treated in an equitable and fair manner regardless of ability, age, gender, religion, social and ethnic background or political persuasion. DCU is committed therefore to adopt and uphold the highest possible standards in child protection & safeguarding and, shall take all reasonable steps in relation to the safety and welfare of children, young people and vulnerable persons who may be present within its facilities. In recognising that it cannot act in loco parentis and unless otherwise determined by legal authority, that ultimate responsibility for a child will always remain with parents / guardians / carers, nevertheless DCU will work in close partnership with the individuals themselves; their parents / guardians / carers and other bodies including other Faculties /Schools within Dublin City University and any of its associated entities / companies any external organisations / agencies / groups who may rent or utilise DCU Campus facilities as appropriate to promote and safeguard their safety and welfare. Additionally DCU may have some students who commence their studies before their Eighteenth birthday. DCU recognises that (a) anyone under the age of 18, is a child as a matter of law (b) Students under the age of 18 will be treated in most respects no differently to students aged 18 and over. (c) As with all DCU students, students under the age of 18 have access to the Student Counselling Service, the Student Medical Centre and the Chaplaincy Service as well as the extensive specialised supports are also available to students through the Student Support and Development This document and the Principles, Policies and Procedures contained therein, sets out in overall terms, the proactive approach accepted by DCU as integral to its commitment to the protection and safeguarding children who may be present within its Campus facilities. Statement of Applicability The Policy applies to: I. All employees of Dublin City University II. All employees of Dublin City University subsidiary companies with contractual relationships with DCU (e.g., Summer residency programmes / activities, Campus Dining and Shops). III. All employees of external organizations / companies / agencies / groups with contractual relationships with DCU (e.g., summer residency programmes / activities, non-academic activities). IV. All students, with respect to conduct requirements, including all students who interact with children as part of their work-related duties or academic program, whether on or off DCU Campus V. Visitors, vendors, or guests on DCU Campus. 6 KEEPING CHILDREN SAFE Policies and Procedures supporting Child Protection at DCU Statement of Purpose The purpose of the Policy is to: provide protection for the children who may be present within DCU Campus. irrespective of status, provide to all persons indicated above with guidance on the procedures they should adopt in the event they suspect a child may be experiencing, or be at risk of, harm or abuse. set out guidance to all persons who may work or come into contact with children during the course of their work or activities while on DCU Campus Specifically, this policy will: i. Describe how DCU aims to protect and safeguard a child, ii. Apply to all academic and non-academic personal, iii. Set out the statutory requirements and, good practice guidance in child protection and safeguarding in the pursuance of providing a safe environment for a child. iv. Identify the organisational and management structures for implementing this policy v. Be reviewed, revised and amended as necessary on an annual basis Types and Definitions of Abuse Abuse in relation to a child is defined by the Commission to Inquire into Child Abuse Act 2000 as:- The wilful, reckless or negligent infliction of physical injury on, or failure to prevent such injury to, the child; the use of the child by a person for sexual arousal or sexual gratification of that person or another person failure to care for the child which results in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare, or any other act or omission towards the child which results in serious impairment of the physical or mental health or development of the child or serious adverse effects on his or her behaviour or welfare. Child abuse can be categorised into four different types: Physical abuse defined in the Children First: National Guidance for the Protection and Welfare of Children (2011) - as:- Physical abuse of a child is that which results in actual or potential physical harm from an interaction, or lack of interaction, which is reasonably within the control of a parent or person in a position of responsibility, power or trust. There may be single or repeated incidents. Emotional abuse, defined in the Children First: National Guidance for the Protection and Welfare of Children (2011) as:- Emotional abuse is normally to be found in the relationship between a parent/carer and a child rather than in a specific event or pattern of events. It occurs when a child s developmental need for affection, approval, consistency and security are not met. Unless other forms of abuse are present, it is rarely manifested in terms of physical signs or symptoms. Neglect defined in the Children First: National Guidance for the Protection and Welfare of Children (2011) as:- In terms of an omission, where the child suffers significant harm* or impairment of development by being deprived of food, clothing, warmth, hygiene, intellectual stimulation, supervision and safety, attachment to and affection from adults, and/or medical care. *Harm can be defined as the ill-treatment or the impairment of the health or development of a child. Whether it is significant is determined by the child s health and development as compared to that which could reasonably be expected of a child of similar age. Sexual abuse defined in the Children First: National Guidance for the Protection and Welfare of Children (2011) as:- occurs when a child is used by another person for his or her gratification or sexual arousal, or for that of others. A child may be subjected to one or more forms of abuse at any given time. More details on each type of abuse can be found at Appendix 1. 7 ROLES AND RESPONSIBILITIES Basis for Roles and Responsibilities DCU fully believes and accepts that sound child protection and safeguarding practices are based and intertwined with: a) A clear line of accountability from top to bottom within the university with associated corporate / organisational responsibility, including external organisations / agencies / groups using DCU Campus facilities b) Clearly articulated roles and responsibilities set out within DCU staff structures with associated individual responsibility, including a. any individual associated with any DCU Faculty / School / Centre /Unit b. any individual associated with any DCU associated entity or subsidiary company c. any individual associated with external organisations / agencies / groups using DCU Campus facilities. Application of Corporate / Organisational Responsibilities DCU shall: a. Adopt, implement and comply with the Policy; b. Publish, distribute, disseminate and/or otherwise promote the Policy; c. Promote and uphold appropriate standards of conduct at all times; d. Promptly deal with any breaches of or complaints made under the Policy in an impartial, sensitive, fair, timely and confidential manner; e. Apply the Policy consistently without fear or favour; f. Ensure that a copy of the Policy is available or accessible to the persons to whom this policy applies g. Appoint or have access to designated qualified people to receive and handle complaints and/or allegations and display the names and contact details in a way that is readily accessible; and h. Monitor and review the Policy annually. DCU will require that its associated entities and subsidiary companies adopt this policy and adapt as applicable to their operations. Application of Individual responsibilities The Policy applies without exemption to the following persons, irrespective of their status or capacity: i. President and the Governing Authority of Dublin City University; ii. Executive Deans of Faculties and Heads of Schools / Centres/ Units; iii. Managers of associated DCU Entities / Subsidiary Companies; iv. DCU Staff members Full or Part-time; Casual or Seasonal v. Staff employed by external companies in the course of their business with DCU, or its associated Entities / Subsidiary Companies; vi. Staff members from any external organisation / agency / group that may rent or contract for the use of any of DCU Campus facilities on a casual or formal basis; vii. All other persons, irrespective of purpose, present on DCU Campus to the full extent that is possible. 8 KEEPING CHILDREN SAFE Policies and Procedures supporting Child Protection at DCU Application of specific individual responsibilities Governance The ultimate responsibility for the adoption and implementation of the Policy shall rests with the President and the Governing Authority of Dublin City University with delegated responsibility to i. The Chief Operations Officer (COO) ii. The Executive Deans and Heads of School / Centres/ Units. Chief Operations Officer As part of the overall duties of the Office, the Chief Operations Officer is responsible for proactive compliance with the statutory and regulatory requirements that the Policy comes under through ensuring effective, transparent and accountable governance in line with best practice. Executive Deans and Heads of School / Centres /Units responsible for i. The implementation and operation of Policy. ii. each member of their staff being made aware of their duty and that they comply with this Policy iii. Is delegated responsibility to act in the role of Designated Child Protection Contact Person to a. liaise with the DCU Designated Liaison Person b. represent or nominate a member or their staff to the DCU Child Protection and Safeguarding Committee DCU Designated Liaison Person DCU shall nominate an appropriate person as the DCU Designated Liaison Person (DLP) for the purpose of overseeing the Policy. The DCU Designated Liaison Person may designate or nominate other persons to cover absences or act on behalf of the DPL. DCU Staff All members of DCU Staff are bound by the Policy and are responsible for: i. Making themselves aware of the Policy and, their compliance with the standards of conduct outlined therein. ii. If required as part of their role, consenting to vetting in compliance with the current procedural and legal requirements under the existing vetting system operated by the Garda Central Vetting Bureau or, the new procedures and requirements under the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 on its formally commencement. iii. Complying with all other requirements of the Policy. iv. Where appropriate participating in training programme so provided by DCU. v. Understanding the possible consequences of breaching this policy. Ancillary staff Cleaning; Maintenance and Security In as far as it is possible, DCU shall not allow any member of its ancillary staff namely Cleaning; Maintenance and Security or, other seasonal / contract / agency staff from external companies to have regular contact with a child present on DCU Campus unless that member of staff has been satisfactorily checked under Garda vetting. Student Residents are bound by and subject to the terms and conditions of their individual residential agreement with Campus Residences Ltd (CRL) or, in the case of a block booking on behalf of an external organisation / agency / group, the residency of children and are subject to the CRL s own Child Protection and Safeguarding Policy Visitors irrespective of the purpose of their presence on DCU Campus, all persons visiting are sufficiently monitored in as far as is practicable by members of Staff including DCU Campus Security to prevent their substantial unsupervised access to i. students under 18 and/or their accommodation. ii. Children otherwise present on DCU Campus. 9 Application of External Organisations / Agencies / Group responsibilities In the application of external Business / Organisations / Agencies / Group responsibilities, irrespective of whether such business / organisation / agency / group which use or utilises DCU Campus facilities have their own Policy or not: a. Prior to any rental or contractual agreement between DCU or a subsidiary company and any external business / organisation / agency / group being entered into, such external business / organisation / agency / group will be asked to familiarise themselves with the DCU Policy. b. If any external organisation / agency / group from outside the Republic of Ireland, rents or otherwise uses DCU Campus facilities, the DCU Policy shall take precedence at all times. 10 KEEPING CHILDREN SAFE Policies and Procedures supporting Child Protection at DCU 11 ADDITIONAL SUPPORTING POLICIES DCU engages with children regularly both on and off campus. In line with this Policy, DCU is fully committed to ensuring that children remain safe in all their dealings with the University. As part of this commitment, DCU and its associated companies are regarded as child friendly environments and, in some cases as part of their activities, directly promote some family-friendly and child oriented activity programmes / camps. In order to ensure a positive experience DCU has developed a number of policies and procedures to reinforce this commitment Respect and Dignity The university does not tolerate discriminatory practices or any kind. The Policy to Promote Respect and to Protect Dignity sets out our commitment to an environment that is free from harassment or bullying. The policy is available at Child Protection and Safeguarding Training Policy Where appropriate DCU Staff shall be provided with regular training in child protection and safeguarding and should be renewed not later than every three years. Any new DCU Staff commencing work with DCU or any of its associated entities / subsidiary companies shall have Child Protection and Safeguarding matters explained to them during the standard induction process. The DCU Designated Liaison Person; Deputy DCU Designated Liaison Person and Designated Child Protection Contact Person must renew their child protection and safeguarding training at an appropriate level every two years. Communication and Social Media DCU acknowledges the significant impact that communication and social media technologies have for all children and, because of various formats available, DCU advocates & encourages they are used at all times safely, sensibly, securely and responsibly for their positive benefits and to minimise the potential negative or harmful uses for which they can be used. The DCU Social Media Policy found at www4.dcu.ie/sites/default/files/president/social%20media%20good%20practice%20guidelines%20approved%203rd%20sept% pdf Mobile phones: Mobile phones provide children with that security and enables parents / guardian / carers to keep in touch & make sure that they are safe, DCU does not believe that it would be appropriate to ban children from having them provided that; i. such devices are not used inappropriately. ii. they are aware to the potential for phone calls, s, photos or text messages to be misinterpreted by the child or, by their parents / guardians / carers. 12 KEEPING CHILDREN SAFE Policies and Procedures supporting Child Protection at DCU Use of Mobile/Camera Phones by DCU Staff: DCU Staff are advised as follows; i. Use group t
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