Policy for the Protection of Children and Adults at Risk

Newham Community Law Project (NCLP) makes a positive contribution to a strong and safe community and recognises the right of every individual to stay safe.

NCLP comes into contact with children and adults at risk through our advice and casework services.

This policy seeks to ensure that NCLP undertakes its responsibilities with regard to protection of children and/or adults at risk and will respond to concerns appropriately. The policy establishes a framework to support paid and unpaid staff in their practices and clarifies the organisation's expectations.

This policy does not seek to deal with the protection of staff or volunteers within that role, as this is included separately within the Health and Safety Policy (Personal Safety).

This policy applies to all staff, volunteers and trustees of NCLP.

We recognise that some people have additional needs because of their protected characteristics, and will aim to help them overcome the barriers that they might face especially around communication.

In general our safeguarding includes:

• the safeguarding of clients from NCLP members of staff, volunteers and trustees
• the safeguarding of clients from third parties
• the safeguarding of clients from self-harm and suicide

1.1 Definition of Adult at Risk

For the purposes of this policy, NCLP adopts a wide understanding of who is an adult at risk, as follows:

"Adult at risk" for the purposes of this policy refers to a person who is aged over 18 years who is "vulnerable" to (i.e. unable or less able to protect themselves against) bullying, harassment, neglect, significant harm or exploitation. A person may be vulnerable in one situation and not another. The emphasis is on identifying the vulnerability in the individual.

Factors which may make a person vulnerable include:

• mental ill health or other emotional vulnerability such as feelings of shame or isolation
• immigration status or problems within their immigration case (such as refusal of asylum claim)
• learning disability
• other disability
• illness
• age
• homelessness or other destitution
• lack of formal education
• held under immigration powers in detention or prison
• physically isolated and conversely dominated by a crowd
• Victims of domestic abuse
• Victims of modern slavery
• Mental ill health or other factors leading to self neglect

The Safeguarding Vulnerable Groups Act 2006 ("SGVA") (as amended 2012) defines certain statutory duties that arise concerning duties to children and to defined "adults at risk".

The Care Act (2014) and associated statutory guidance has further strengthened the requirements for safeguarding adults.

1.2 Definition of Abuse

• Physical abuse, including hitting, slapping, pushing, kicking, misuse of medication, restraint, or inappropriate sanctions
• Sexual abuse, including rape and sexual assault or sexual acts to which the adult at risk has not consented, or could not consent or was pressured into consenting
• Psychological abuse, including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks
• Financial or material abuse, including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits
• Neglect and acts of omission, including ignoring medical or physical care needs, failure to provide access to appropriate health, social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating
• Discriminatory abuse, including racist, sexist, that based on a person's disability, and other forms of harassment, slurs or similar treatment

All equipment used for contacting clients belongs to the Law Centre (phones and laptops). Staff should not use personal phones, email addresses or social media accounts to contact clients.

Judgments about the best method of delivery need to include:

• Do people have access to the right equipment and broadband capacity/data to be able to access the information
• Do they have a quiet and safe space at home to engage - think about confidentiality
• Ensure that there is appropriate access to interpreters

If a home visit is needed, in line with reasonable adjustments, the caseworker should discuss the arrangements with their supervisor before booking the visit. If appropriate a volunteer may accompany the caseworker.

Trustees of charities have the ultimate responsibility for the actions of their charity. The Charity Commission consider that charities must have in place measures to protect people in a charity and those it comes into contact with, from abuse or maltreatment of any kind. This responsibility therefore includes but extends beyond children and those thought of as adults at risk. Charities, trustees and the individuals working within them must always act in the best interests of those it is involved with and ensure they take all reasonable steps to prevent any harm to them.

Trustees also have duties to manage risk and to protect the reputation and assets of the charity. Trustees will undertake on-going monitoring to ensure that these safeguards are being effectively implemented in practice.

A member of the Trustee Board is appointed as the NCLP Officer for Children and Adults at risk, known as the Safeguarding Trustee.

The appointed Trustee will undertake appropriate training such as the NSPCC Child Protection Course. They will take appropriate steps to renew training and awareness of relevant developments in the law and policy in this area.

NCLP allocates overall day-to-day responsibility for ensuring the safeguarding policies are observed to the Senior Solicitor.

Any potential safeguarding concern must be reported to the Senior Solicitor immediately.

Unless there is an emergency situation (see section 6) any breach of client's confidentiality will be agreed collectively between the Senior Solicitor and Safeguarding Trustee.

The Senior Solicitor will be responsible for ensuring that records are kept of any complaints, concerns or incidents including any decision made.

The Safeguarding Trustee is responsible for instigating any disciplinary action against paid staff, or action against volunteers including Trustees.

All potential General Data Protection Regulation breaches arising from safeguarding actions must be reported immediately to the Senior Solicitor and the Safeguarding Trustee. Please see Data Protection policies.

Each member of staff takes responsibility for the welfare of our service users, and safeguarding training will be provided on an annual basis.

NCLP expects employed solicitors to protect the professional integrity of themselves and the organisation and to ensure they adhere to the requirements of the Solicitors Regulation Authority.

As there are no specific regulatory obligations or rules for solicitors regarding safeguarding concerns about children or adults at risk per se, decisions on disclosure and confidentiality issues will be made by the Supervising Solicitor in discussion with the caseworker involved within the context of the rules of the Solicitors Regulation Authority ("SRA"); in particular the duty of confidentiality.

Applicants selected for appointment as a member of staff or volunteer will be asked to provide references and these will be taken up prior to confirmation of the appointment.

Referees will be asked to address the Applicant's suitability to work with young people aged 11-25.

4.1 Screening

NCLP maintains and follows a policy for screening caseworkers, including volunteers which is set out in the DBS policy and a policy on the Recruitment of Offenders.

These policies require:

• Disclosure of criminal convictions by caseworker staff, and Trustee Board members
• Fair consideration of applicants who disclose a conviction
• Consideration of conduct, which may affect the Applicant's suitability to work with children under 18 or adults at risk. This could result in a decision not to appoint an Applicant

4.2 Induction and Training

All staff, volunteers, and Trustee Board members will be inducted and trained in relation to this policy and provided with ongoing updates in minimum standards for child protection and adult safeguarding, local protocols and systems for information sharing and referral.

4.3 Supervision

NCLP has a comprehensive supervision system for staff and volunteers, as documented in the staff handbook.

Consideration should be given to issues around accessibility, safety, confidentiality and risk when exploring the potential for digital or telephone delivery with individual service users.

We ensure that the organisation has in place Health and Safety policies and undertakes assessments of the Health and Safety risks appropriate to babies, children of diverse ages, young people and vulnerable users of the centre as well as non-adult at risk users.

We act on the results of Health and Safety assessments and the requirements of the law and good practice to minimise risks in the centre.

The welfare of a client, adult at risk or member of staff (including volunteer or trustee) who is or may have been subject to abuse must be paramount.

Where the disclosure is made to them in the context of their role at NCLP, staff must report the concerns in line with the following advice. Our duties of confidentiality limit or restrict the disclosure of information outside NCLP or within it to anyone who does not need to know it.

Members of staff including volunteers have a duty to report suspicions, allegations or actual incidents. Members of staff who fail to discharge this responsibility may be liable to disciplinary action.

Staff must not attempt to deal with a suspicion, allegation, or actual incident themselves other than through the channels outlined below. All suspicions and allegations will be taken seriously and will be responded to swiftly and appropriately.

If a member of staff discovers an act of abuse whilst it is happening, their first duty is to do their best appropriately to stop the act. The Senior Solicitors, (and in their absence the Safeguarding Trustee) should be informed as soon as practicable but, in certain situations, the police, social services, or medical services (e.g. ambulance) also must be contacted immediately for the protection of the victim.

If abuse which constitutes a criminal offence is alleged, consideration should be given to whether the first report should be to the police before reporting the matter internally within NCLP. If the victim wants to call the police, staff should not prevent them and should offer assistance where possible and appropriate.

As far as possible, the confidentiality of all individuals involved in any allegation, investigation or resulting disciplinary proceedings will be respected by NCLP. However, there may be circumstances in which it is necessary for NCLP to share information on alleged perpetrators with parties such as social services, the police, and the guardians or carers of the client or adult at risk concerned. Information may also need to be disclosed if there is a public interest imperative. NCLP cannot therefore guarantee that the confidentiality of disclosures can be maintained in all circumstances.

6.1 Cases Where Allegations of Abuse Are Made Against a Staff Member or Volunteer of NCLP

If there is a report of or suspicion of any incident in respect of abuse or exploitation by a member of NCLP, the matter must be reported to the Senior Solicitor (or in their absence the Safeguarding Trustee) as soon as possible (usually immediately, i.e. within one day).

On being notified of any suspicion, allegation or apparent abuse involving a member of staff, the Senior Solicitor (or their alternate) shall:

• Take such steps as they consider necessary to ensure the safety of the adult in question and any child or other adult at risk who might be at risk
• Consider whether there is a need to arrange medical treatment especially if needed urgently
• Liaise with the person who reported the original concern and ensure that a report of the incident(s) is completed
• Carry out an investigation together with the Safeguarding Trustee
• If the victim is an adult at risk within the legal definition or is a child, report the matter to the appropriate Social Services department
• If the matter alleged appears to be a criminal offence, and the matter has not been referred to the police, the Senior Solicitor should give consideration with the victim to notifying the police

Any notification of suspicion, allegation or evidence of abuse or harm may result in the Director or their nominee taking the decision to suspend the member of staff concerned whilst investigations proceed. Suspension in this context is not a disciplinary measure and implies no assumption of guilt.

6.2 Cases Where Allegations Are Made Against a Client

In the event of any suspicion, allegation or apparent abuse committed by a client, whether against another client or staff/volunteer/trustee or otherwise the matter should be reported to the Senior Solicitor as soon as possible (usually immediately).

A client who is an alleged perpetrator may be barred from any NCLP service if the allegations against them are found to be true or if their behaviour otherwise, or the circumstances generally, mean that on a risk assessment, they should no longer be admitted to services in order to safeguard others.

6.3 Cases Where the Allegations Are Against a Third Party

If an NCLP worker has reason to believe that a client is subject to abuse or if an allegation of abuse is made, the matter should be reported to the Senior Solicitor as soon as possible (usually immediately).

On being notified of any suspicion, allegation or apparent abuse of a client, the Senior Solicitor should:

• Take such steps as they consider necessary to ensure the safety of the adult victim in question and any child or other adult at risk who might be at risk
• Liaise with the person who reported the original concern and ensure that a report of the incident(s) is completed
• If the victim is a vulnerable person within the legal definition or is a child, report the matter to the appropriate social services or the social services department for the relevant area
• If the matter alleged appears to be a criminal offence, and the matter has not been referred to the police, the Senior Solicitor should give consideration with the victim to notifying the police
• Notify the Safeguarding Trustee if not already informed

6.4 Assisting a Child or Adult at Risk Who Is Reluctant to Take Steps to Report or Avoid a Harmful Situation

All cases in which a child or adult at risk has made a disclosure of significant harm or risk of significant harm but is reluctant to take action to escape, reduce or report the risk should be reviewed by the Senior Solicitor.

The Senior Solicitor will review the case having regard to:

• The age and understanding of the client
• The nature and seriousness of the harm disclosed
• The likelihood that the client will suffer a criminal act causing serious bodily harm if information is not revealed
• The threat to the child's or adult at risk's life or health, both mental and physical of not revealing the information
• The adequacy and timetable of the steps, which the client is taking or has instructed the law centre to take to reduce or remove the risk to them
• The likely benefit and risk to the child or young person of revealing information to the Police or Social Services Authority

6.5 Disclosure Against the Client's Interests When You Are Acting for a Person Who May Be Causing Significant Harm

In cases where there is a suspicion by the caseworker that a client is a perpetrator of abuse they will attempt to influence them to voluntarily seek assistance from social services.

All cases in which a client has made a disclosure of causing significant harm to a child, young person or an adult at risk, any instance witnessed by a member of NCLP any signs of injury to a child or any claim from the client's child that they have been hurt will be reported to the Senior Solicitor.

6.6 A Client Makes a Clear Statement of Intent to Undertake a Criminal Act Likely to Cause Serious Bodily Harm

NCLP will:

• Aim to calm the client down and help them to deal more rationally with the situation
• Make the client aware of lawful forms of redress
• Ensure the client is aware of the consequences of their actions, and the likelihood of prosecution

6.7 Procedure for Responding to a Client Threatening Suicide or Self-Harm

How to deal with this situation:

• Encourage the client to seek immediate support from a friend, partner, their GP or mental health worker and supply them with crisis telephone numbers
• If the person refuses to seek such support, wherever possible seek their agreement to contact a support person or service on their behalf
• Check whether authority has been obtained to speak to a 3rd party about the client's mental condition
• Notify the Senior Solicitor immediately to discuss the level of risk and the possibility of breaching confidentiality if it seems that the client is at risk of serious self-harm

6.8 Incidents Involving Non-Clients

If any member of the NCLP is concerned about any behaviour involving members of the public who may be on our premises but are not clients they should consult the Senior Solicitor.

6.9 Dealing with Investigating Authorities

Where NCLP makes a report to the Police or Social Services on a client's behalf the caseworker will confirm the report in writing, provide the client's authority and make it clear that NCLP act in relation to assistance sought from Social Services.

These are: that NCLP needs to register a safeguarding concern with the Authority within 1 working day. The Authority then have 5 days in which to initiate formal enquiry and 20 days for enquiry to decide action; with faster referral / initial decisions where it is an emergency.

The policy will be reviewed on an annual basis by the Trustee Board. The review will include a report on any incidents or concerns.

Date Policy Adopted: 13th November 2025