Procedures to follow in cases of child abuse

It has long been established by law that children have rights, and this has been made clear by the introduction of The Children Act 1989 which sets out that children have a right to basic standards of care, nurture and upbringing, and that parents have responsibilities for their children and not rights over them. In addition to this Act, the United Kingdom signed the United Nations Convention on the rights of the child in 1991. This convention sets out three main rights that children are entitled to have taken into account when decisions are being made about them. Child abuse should always be challenged wherever it occurs. The rights of a child are:

• Best interests
• Non-discrimination
• Views of the child

Monitoring, assessing and recording abuse

Keeping records is a vital part of any childcare business and never has this been more important than when dealing with matters of child abuse. Your monitoring, assessing and recording must be accurate and factual. Never record assumptions or opinions and always make sure that only the relevant information is included. All records must be kept in a secure place, must remain confidential and on a ‘need to know’ basis. By this we mean that only the adults who are directly involved in working with the child should have access to their records.

It is quite natural for managers to have feelings of fear and apprehension if they are faced with a possible case of child abuse. You may have suspicions but feel unsure whether the evidence you have is sufficient, and be apprehensive that you may be completely wrong in your conclusion. You may also have feelings of disloyalty towards the parents of the child and are fearful of jumping to the wrong conclusions. However, it is vital you remember that you have an obligation to consider the safety and the welfare of the child at all times and that you must report your concerns in a professional and confidential manner.

If you or a member of your staff suspect that a child in your care is being abused or neglected you will need to decide whether it is appropriate initially to speak with the parents. Your decision about whether to speak with the parents should be based on the nature of your suspicions and, if by talking to the parents you feel you may be putting the child at greater risk, you should refrain from doing so.

Managers have two choices for reporting suspected cases of child abuse they can either:

• Contact their local authority
• Contact the National Society for the Prevention of Cruelty to Children (NSPCC)

Practitioners in a nursery setting will have the added advantage of being able to share their concerns with the setting manager, and it will be their duty to decide what action to take.

Both social services and the NSPCC have the power to investigate any reports you may make. The child, their parents and the manager will all be spoken to about your concerns, and the case will be investigated. You will be asked to provide your record of concerns and the information you supply may be crucial to the result of the case.

A good way of recording concerns of child abuse or neglect is to use a diary style record or a standard form which can be completed on a regular basis. Either method is acceptable providing it is factual and includes important, relevant information such as:

• The date
• The time
• What you have observed
• What the child has said
• How you have responded

Your records need to be:

• Legible
• Confidential
• Up to date – records must be completed within 24 hours of a suspected incident and earlier if possible whilst the event is fresh in your mind and you are confident about what the child has said.

Always remember that if the professionals involved decide to investigate the matter when you have reported a suspected case of abuse, your records will be vital evidence and, as such, must be accurate. It may be many months after the event has taken place when you are questioned on the incident, and it is therefore important that you record all relevant information at the time rather than relying on your memory later on.

Once you have reported your suspicions to either social services or the NSPCC, the usual procedure of investigation will be carried out along the following lines:

1. Manager suspects a case of abuse.
2. If appropriate, the manager speaks to the child’s parents about their concerns. If this course of action is not appropriate, then the manager contacts social services or the NSPCC to report their concerns.
3. Social service or the NSPCC will then collect all relevant information from the people involved in the case.
4. A case conference will take place to discuss the best interests of the child. The Manager will usually be included in this conference.
5. An action plan will be agreed

A case conference is a way of getting together parents, social workers and other professionals such as doctors and teachers, and pooling all relevant information about the child’s situation and well-being.

Whenever possible, children will be brought up within their own family setting in accordance with The Children Act 1989. However, sometimes in extreme cases children may be removed from their family set-up and taken into care.  However, a court must be completely satisfied that there are sufficient grounds before such a decision is made.  Usually a court will decide on whether or not to grant an order for a child to be taken into care based on:

• Whether a child is likely to suffer significant harm if they remain in the care of their family
• Whether the child is beyond parental control

There are five types of child protection orders which can be applied for by social services and the NSPCC:

• A child assessment order – this type of order is usually requested to allow professionals to assess a child particularly in a case where the parents have refused permission for their child to be checked. A child assessment order can only last for a maximum of seven days.
• An emergency protection order – this type of order is issued when it is considered necessary for a child to be taken into care immediately. An emergency protection order can only last for a maximum of eight days.
• A recovery order – this type of order is issued to a person who has abducted a child or if the child is part of a family fleeing from the local authority. A recovery order demands that the child is brought forward.
• A care order – this type of order places the child in the care of the local authority, and parental responsibility is shared between the child’s parents and the authority. This type of order lasts until such time as a court discharges it or the child reaches the age of eighteen years.
• A supervision order – this order places a child under the supervision of the local authority whilst remaining in their own home. A supervisor is given the job of advising and assisting the child and can make arrangements for any necessary medical treatment. Supervision orders last one year after they have been made. However, they can be discharged earlier or, in some cases, even extended.

Child abuse is a very sensitive topic, and it is likely that you will experience a great range of emotions if you are caring for a child who is or has been abused. You may, at times, feel responsible for what has happened to the child and be of the opinion that you have failed them by not being able to protect them from the abuse they have suffered.

Whilst staff have the backing and support of managers often managers feel that they have no one to turn to and it is important that you are not expected to deal with these emotions by yourself. However, you need to consider your position, and deal with the situation in a professional manner. Remember that you have a duty to the child and that you must maintain confidentiality at all times despite needing the support of others. There are a range of other professionals that you can contact in cases such as child abuse and they will be able to offer the support you may need:

• Child protection police officers
• Health visitors
• Network co-ordinators
• Social workers

When faced with these kinds of situations you should refer to the policies and procedures of your setting and follow these carefully.