Policy and Code of Practice

1.1 This policy covers two separate groups of young people under 18.

(a) Young people aged 16-18 who are students of Loughborough University. (See Para 12)
(b) Children and young people who come to the University for a variety of other reasons.

1.2 Loughborough University recognises that working with children under the age of 18 is an increasingly common activity for staff, primarily in research, but sometimes in teaching. Children also may come onto campus to use our sports facilities and for widening participation activities. The University wishes to ensure that it maintains the highest possible standards to meet its responsibility to protect and safeguard those children for whom it has responsibility. This policy details procedures to follow when there is concern about a child’s welfare, i.e. that a child is suffering or is likely to suffer significant harm and when an allegation is made about a member of the University. It also provides information to ensure that members of the University do not put children at risk. It is designed to protect both those in a position of trust and those for whom they have responsibility. For the purposes of this document, a member of the University may be a member of staff or a student of the University.

This code of practice is based on the following principles which are derived from current Health and Safety legislation (which places reporting and action obligations on all members of the University) and the Children’s Act (1989).

• A child is a person under the age of 18.
• An acknowledgment that children can be victims of physical, sexual, and emotional abuse, neglect and bullying.
• Abuse can have serious and long-term effects on all aspects of a child’s health, development and well-being. Sustained abuse is likely to have a deep effect on a child’s self-image, self-esteem and future life.
• The safety and welfare of children are paramount and it is the responsibility of all members of the University to help to prevent abuse and to act on any concerns.
• All children have the right to live in safety and be protected from abuse.
• Children must be listened to, and any allegation or suspicion that they have been the victims of abuse or ill treatment will be taken seriously and responded to swiftly and appropriately.
• The above principles will apply equally to all children irrespective of their race, culture, religion or belief, language, gender, age, disability, sexual orientation, or offending status.
• The University will take all reasonable steps to ensure that unsuitable people are prevented from working with children, through its recruitment practices, CRB checks and induction procedures.
• Those in a position of trust should have a clear understanding of the responsibilities this carries and should not abuse their position or put themselves in a position where allegations of abuse, whether justified or unfounded, could be made. The University recognises the potential of both men and women to abuse a position of trust.
• All members of the University have a duty to raise concerns, without prejudice to their own position, about behaviour by staff, managers, volunteers, students or others, which may be harmful to those in their care and will receive appropriate support when doing so.
• The University is committed to providing on-going child protection training for all those working with children and will regularly review the operational guideline in place.

3.1 There are five main forms of abuse, although there are variations within these:

3.2 Physical Abuse
This involves deliberate physical harm to children. It includes hitting, shaking, throwing, squeezing, burning and biting, as well as giving children alcohol, inappropriate drugs or poisonous substances. It also includes attempted suffocation or drowning and fabricating the symptoms of an illness. Reasonable physical restraint to prevent a child from harming themselves, another person, or from causing serious damage to property is not deemed to be abuse.

3.3 Sexual Abuse
This involves 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 and involves the use of children by adults – both male and female – to meet their own sexual needs. This could include direct sexual activity, penetrative or non-penetrative acts, masturbation, taking indecent photographs or videos, or showing children pornographic material or encouraging them to behave in sexually inappropriate ways.

3.4 Neglect
This involves the failure to meet the child’s physical and/or psychological needs and is likely to result in the serious impairment of the child’s health or development. It may involve a failure to provide food, warmth, clothing, love, affection, attention and recognition, or a failure to protect a child from physical harm or danger, or a failure to ensure access to appropriate medical care or treatment.

3.5 Emotional Abuse
This involves the persistent emotional ill treatment of a child such as to cause a severe and adverse effect on the child’s emotional development. As well as persistent lack of love and attention, this includes constant criticism, threats, taunting and words and action that demean the child. Within the context of a University, it may include persistent denigration of a child’s work or ability. It may involve conveying to the child that they are worthless or unloved, inadequate or valued only insofar as they meet the needs of another person. It may involve causing a child to feel frightened or in danger, or the exploitation or corruption of children. There is some level of emotional abuse in all types of child abuse, but it can also occur alone.

3.6 Bullying
This is deliberate, hurtful behaviour, usually repeated over a period of time where it is difficult for those being bullied to defend themselves. Bullying can be verbal, written or physical.

4.1 It is recognised that some members of the University will have only slight contact with children at work and consequently may not be in a position to recognise abuse.

4.2 Child abuse can and does occur both within a child’s family and in institutional or community settings. Loughborough University acknowledges that some individuals seek to use voluntary and community organisations to gain access to children, and that it is necessary to have an open mind when the possibility arises that a member of the University is suspected of abuse or inappropriate activity. The following may indicate that a child is being or has been abused:

• Unexplained or suspicious injuries, particularly if such an injury is unlikely to have occurred accidentally.
• An injury for which the child’s or adult’s explanation appears inconsistent.
• The child describes an abusive act or situation.
• Unexplained changes in behaviour.
• Inappropriate sexual awareness or sexually explicit behaviour.
• The child appears distrustful of adults.
• The child is not allowed to be involved in normal social activities.
• The child becomes increasingly dirty or shabby.

4.3 The recognition of abuse is not always easy and the University acknowledges that its staff are not experienced in this area and will not easily know whether or not abuse is taking place. Indeed, it is not the place of University members to make such a judgement. However, it is their responsibility to act on concerns in order to safeguard the welfare of the child.

5.1 Members of the University are encouraged to discuss any concerns with one of the nominated Child Protection Officers for the University. If those concerns relate to the Officer, University members are expected to discuss the matter with the Chief Operating Officer or to contact Leicestershire Social Services Department directly. If an individual feels that the Officer or Chief Operating Officer has not responded appropriately, then again they are free to contact Social Services.

5.2 Every effort should be made to maintain confidentiality. Suspicions must not be discussed with anyone else on campus other than those nominated above. If the Child Protection Officers are absent then individuals should not delay and should contact Social Services.

5.3 The Officer has the responsibility to act on behalf of the University in dealing with allegations or suspicion of abuse or neglect. This will include collating details of the allegation or suspicion and referring the matter to the appropriate statutory authorities. It is the task of Social Services, not the University, to investigate the matter, under section 47 of the Children Act 1989.

5.4 Under no circumstances should members of the University carry out their own investigation into suspicions or allegations of abuse, neither should they question children closely, as to do so may distort any investigation that may be carried out subsequently by the Police or Social Services.

5.5 If a child says something or acts in such a way that abuse is suspected, the person receiving the information should:

• React in a calm but concerned way.
• Tell the child that s/he is right to share what has happened; and that s/he is not responsible for what has happened.
• Find an early opportunity to explain that it is likely that the information will need to be shared – do not promise to keep secrets.
• Take what the child says seriously and allow the child to continue at his/her own pace.
• Keep questions to an absolute minimum only to clarify what the child is saying; not to interrogate. Do not ask a question that suggests a particular answer.
• Not interrupt the child when they are recalling significant events.
• Reassure the child that the problem can be dealt with.
• Tell the child what you will do next and with whom the information will be shared. Say that you cannot promise to keep secrets.
• Make a full record of what is said and done, though this should not result in a delay in reporting the problem.

5.6 The record should include:

• A verbatim record of the child’s disclosure. This may be used later in a criminal trial and it is vital that what the child discloses is recorded as accurately as possible. Therefore, the record must be drafted in the child’s words and should not include the assumptions or opinions of others.
• The nature of the allegation or concern.
• A description of any visible physical injury (clothing should not be removed to inspect the child). Children should not be medically examined by a member of the University, except by medical professionals.
• The child’s account of what has occurred.
• Any dates, times or places and any other potentially useful information.

5.7 The problem should be reported IMMEDIATELY to one of the University Child Protection Officers who will take the appropriate action. If the concern arises out of normal office hours (evenings and weekends) and it is clear that abuse has occurred or there is an immediate threat, contact should be made with the Social Services Emergency Duty Team on 0116 2551622. Advice can also be sought from the NSPCC 24 hour helpline on 0800 800500 or from the Police child protection team on 0116 2222222. The police do have emergency powers to place a child in protective custody.

5.8 It is recognised that staff may need support after receiving a disclosure from a child and appropriate counselling will be offered by the University.

5.9 All members of the University (including those members with obligations to particular Codes of conduct/professional ethics that may be thought to constrain their actions) are required to report or act on any disclosures or allegations of abuse that involve a member of the University and that have taken place on campus or on University business, in line, both with the Children Act (1989) and current Health and Safety legislation (so that the risks both of further abuse and of litigation against the University, can be eliminated or removed). (See also Para 14.1).

6.1 This can be an extremely difficult issue to deal with. It can be difficult to accept that a colleague may deliberately harm a child. It may also be that the behaviour that causes concern is bad practice rather than abuse. When a concern arises, there are three processes that may need to take place. These are:

• A child protection investigation.
• A criminal investigation.
• Action by the University to discipline or remove the member of the University.

6.2 It is important that these are properly co-ordinated and that events are managed in the right order. For this reason, the University will take no immediate direct action against a member of the University without the advice and agreement of the investigating agencies (e.g. the police, NSPCC or Social Services), except where such action is necessary to protect a child.

6.3 If, following consideration and any consultation, the concern clearly is about bad practice rather than abuse, the Child Protection Officer will advise the relevant manager to, manage or instigate corrective or disciplinary action against the member of the University about whom the allegation has been made.

6.4 Irrespective of the outcome of the Police and Social Services investigations, the University may consider suspension and/or disciplinary action in accordance with its usual disciplinary procedure.

7.1 As a result of their contact with a child within the University or on University business, members of the University may become concerned about the welfare of the child and may be concerned that the child is being abused by someone unconnected with the University, or by a member of the University in their private capacity. In these circumstances the individual should report their concerns to one of the Child Protection Officers as outlined in 5.1 above.

8.1 Many of the University facilities, particularly sporting facilities, are hired by external organisations, including children’s clubs and under these arrangements the University has no control over, and assumes no liability for, the conduct of individuals from these organisations. However, the University wishes to ensure, as far as it is able, that these organisations are not abusing children and that they are able to deal with any such disclosures appropriately.

8.2 Therefore, all external organisations requesting use of University facilities for activities with children will be required to sign a declaration. This will confirm that the organisation has obtained the appropriate checks on their staff and volunteers before permitting such individuals to have access to children. In addition, the organisation will be asked to confirm that they have a child protection policy in place.

8.3 If an organisation that works with children does not have a child protection policy, then they will not be permitted to use University facilities. This includes existing users of University facilities.

On occasion, a child who is on campus through an external organisation may make an allegation of abuse to a member of the University about an adult member of that external organisation. In this situation, the member of the University will report the allegation to the external organisation and will notify the University Child Protection Officer of their action. The University expects the organisation to follow its own child protection policy and will require confirmation that the appropriate action has been taken. In addition, the Child Protection Officer in consultation with the University Chief Operating Officer, will consider whether it is permissible to allow the external organisation continued use of the facilities during the investgation period and beyond.

10.1 As when working with adults in research, there are important issues to consider. Any research involving children or adults must be referred to the University’s Ethical Advisory Committee for approval prior to the commencement of the research.

10.2 Particular issues to consider when working with children include:

• The research supervisor must, in conjunction with the relevant CRB registered signatory consider whether anyone working with children as part of the research project (whether staff or student) requires a Criminal Records Bureau disclosure.
• The researcher should ensure that informed consent has been obtained from parents of children under 18. Children should be given the opportunity also to consent to participation, but parental consent is essential.
• The researcher should monitor the effect of the research on the child to ensure that they feel comfortable with continuing with the research.
• Wherever possible, a same sex chaperone should always be present during the research.
• Staff or students who work with children should be provided with appropriate training on issues to be aware of when working with children and how they should deal with any disclosure that a child makes to them.

10.3 Further advice can be obtained from the Ethical Advisory Committee’s guidance notes for investigators working with children and young people which can be found at:

http://www.lboro.ac.uk/admin/committees/ethical/gn/wwccop.htm

11.1 Sometimes children can be abused by another child. Where a member of the University is concerned that abuse may be occurring or where they have been informed of an allegation by a child, they should report the matter immediately to the University Child Protection Officer.

11.2 Where the person alleging abuse is a student under the age of 18, but over the age of 16, by another student who is over the age of 18, consideration will be given as to whether the issue is one of child abuse or harassment and dealt with appropriately.

12.1The University has some students who commence their studies before their 18th birthday. It is unlikely that a student under the age of 17 would be enrolled on a course at the University.

12.2 The University recognises that:

• Anyone under the age of 18, as a matter of law is a child.
• The University has special duties of care towards a child.
• The University is not in loco parentis.

12.3 Students under the age of 18 will be treated in most respects no differently to students aged 18 and over. However, each Department has a nominated personal tutor who is responsible for the welfare of any students under the age of 18. The Head of Department shall be responsible for ensuring that such a named individual is appointed.

12.4 Personal tutors are required to make themselves known to the student at induction and meet with the student regularly to ensure that if the student has any difficulties, they are able to approach the Departmental contact for students under the age of 18.

12.5 Staff within the University must be aware that having a relationship with a student who is over 16 but under 18 is illegal, when it constitutes a breach of the position of trust in which the member of staff has been placed, as detailed in the Sexual Offences (Amendment) Act 2000.

12.6 The Academic Registry is responsible for ensuring that the University Child Protection Officer, the relevant Head of Department and the Director of Student Guidance and Welfare are informed of the registration of any students under the age of 18.

12.7 Additional help and support are available to LU students and staff (both former and current) affected by abuse from the University’s Counselling Service. Further information about abuse is at http://www.lboro.ac.uk/service/counselling/pages/problems/surviving.html. The Service will see anyone seeking such help on an emergency basis as expeditiously as possible.

13.1 All members of the University should be encouraged to demonstrate exemplary behaviour when working with children in order to protect children from abuse and themselves from false allegations. The following are common sense examples of how to create a positive culture and climate.

13.2 Good practice

• Maintain a register of children working with you at any given time
• Work in an open environment avoiding private or unobserved situations and encouraging open communication. Avoid spending excessive amounts of time alone with children away from others.
• Treat all children equally, with respect and dignity.
• Always put the welfare of the child first.
• Maintain a safe and appropriate distance with children. It is not appropriate for staff, students or volunteers to have an intimate relationship with a child.
• Ensure that if any form of manual/physical touching is required, it should be provided openly. In sporting situations this should be according to guidelines provided by the appropriate National Governing Body, and in other instances according to the University’s Code of Ethical Conduct.
• Involve parents/carers/teachers wherever possible, e.g. by encouraging them to take responsibility for the children in their care in changing rooms or the laboratory.
• Be an excellent role model – this includes not smoking or drinking alcohol in the company of children.
• Where required give enthusiastic and constructive feedback rather than negative criticism.
• Keep a written record of any injury that occurs, along with the details of any treatment given.
• Attend relevant training courses that the University provides.

13.3 The following should never be sanctioned. You should never:

• Engage in rough physical or sexually provocative games.
• Share a room overnight with a child.
• Go into a child’s room unless absolutely necessary. (If it is necessary, two members of staff should enter.)
• Allow or engage in any form of inappropriate touching.
• Allow children to use inappropriate language unchallenged.
• Make sexually suggestive comments to a child, even in fun.
• Deliberately reduce a child to tears as a form of control.
• Allow allegations made by a child to go unchallenged, unrecorded or not acted upon.
• Invite or allow children to stay with you at your home unsupervised.
• Do things of a personal nature for children that they can do for themselves. (It may sometimes be necessary for staff or volunteers to do things of a personal nature for children, particularly if they are young or are disabled. These tasks should only be carried out with the full understanding and consent of parents/carer or teacher. There is a need to be responsive to a child’s reactions, talk with him/her about what you are doing and give choices where possible. This is particularly so if you are involved in any dressing or undressing of outer clothing, or where there is physical contact, lifting or assisting a child to carry out particular activities. Avoid taking on the responsibility for tasks for which you are not appropriately trained).
• Sports and some research activities involving children may necessitate physical contact. It is important for adults to understand what is appropriate within such activities, to avoid anything that could be misunderstood, and for such activities to be supervised.

If any of the following occur you should report this immediately to the Child Protection Officer:

• If you accidentally hurt a child.
• If he/she seems distressed in any manner.
• If a child appears to be sexually aroused by your actions.
• If you are concerned that a relationship is developing that could represent an abuse of trust.
• If you are concerned that the child is becoming attracted to you.
• If you are concerned that a colleague is becoming attracted to someone in his/her care.
• If a child misunderstands or misinterprets something you have done.
• If you have had to use reasonable physical restraint to prevent a child harming themselves, or another, or from causing significant damage to property.
• If a child reports an allegation of abuse regarding a member of an external organisation using University facilities.

The University Child Protection Officer will record any incidents related to child protection and report them in an anonymised form to the Human Resources Working Group on a yearly basis. Confidentiality will be maintained at all times. Any concerns or patterns that emerge will be dealt with appropriately.

16.1 Any information regarding child protection issues will be stored in a secure place and there will be limited access to this by the Child Protection Officer and the Chief Operating Officer.

16.2 Information relating to any disclosures will be passed to the local Social Services Department, Police Authority or other relevant agency only. Concerns relating to child protection which have not been referred to an external body will be retained in a secure location by the Officer for a period of one year.

Members of the University are expected to follow the procedures laid out in this policy. In accordance with the Public Interest Disclosure Act 1988, the University will support and protect those staff and students who, in good faith and without malicious intent, report suspicions of abuse or concerns about colleagues and their actions.

• University Child Protection Officer - Sandra Jasper, ext 8028
• University Child Protection Officer - Anne Lamb, ext 2168
• University Ethical Advisory Committee Secretary – Chris Dunbobbin, ext 2469
• University Counselling Service – ext 2148 (email: ucs@lboro.ac.uk)

• LU Counselling Service Policy on Confidentiality- LU information for Counselling Service Users
• University Medical Centre – ext 2061
• NSPCC – 0800 800500
• Leicestershire Social Services – 01509 266641 and ask for Child and Family Duty Social Worker (8.30am – 5pm Monday to Thursday and 8.30am – 4.30pm on Friday)
• Leicestershire Social Services Emergency Duty Team – 0116 2551622 (out of hours)
• Leicestershire Police Child Protection Team (8.30am – 5pm Monday to Friday only) – 0116 2485322 (If calling outside these times, call main switchboard on 0116 2222222).
• Childline – 0800 111111

CRB registered countersignatories:

Staff
• Joanne Arno, ext 3608
• Sandra Jasper, ext 8028
• Anne Lamb, ext 2168

Students
• Jennifer Nutkins, ext 2227
• Chris Dunbobbin, ext 2469