Safeguarding vulnerable adults and children policy, process and procedure

1. Policy statement

1.1 The University of West London (UWL) is fully committed to safeguarding and promoting the wellbeing of vulnerable adults & (children) and expects all governors, students, staff, contractors, stakeholders, and volunteers to share this commitment. The University is predominantly an adult learner provider (18+) and has a duty of care and responsibility to act if there is a cause for concern about the safety of a vulnerable adult (or child), and to notify the appropriate agencies so that they can investigate and take any action required.

1.2 ‘Safeguarding’1 has a particular meaning under the terms of the Care Act (2014), but it has also become a word used to describe more general welfare concerns. This policy covers our responsibilities using the legal sense of the word. The Cause for Concern guidance covers all other aspects of a student’s wellbeing and should be read in conjunction with this policy.

1.3 The policy covers all members of the University community and extends to concerns those students may have about their home life. The University has a responsibility to respond to concerns or allegations of abuse or neglect and to provide information to the Local Authority about a student or family if required to do so for a protection assessment. The University may also provide help or a specific service to a student as part of a Child Protection Plan or Child in Need plan, agreed at a Child Protection case conference, and contribute to reviewing a student’s progress in this regard.

1.4 Considering this, the University’s response to its role in safeguarding and protecting the welfare of its students concerning abuse or neglect is to:

• Provide a safe environment for vulnerable adults to learn in an educational setting. 
• Have a nominated Governor, a Senior Management Lead, Designated Safeguarding Lead (DSL) and Designated Safeguarding Officers (DSO) with responsibility for the protection and safeguarding of vulnerable adults (and children).
• Provide all appropriate staff who are responsible for teaching and/or examining students who are under 18 or vulnerable adults with training to ensure they are aware of the issue of protection from abuse or signs of neglect and the procedures to follow in the event of disclosure.
• Ensure that staff and students engaged in volunteering activity which involves working with children or vulnerable adults whether on or off campus are trained in safeguarding. 
• Ensure that staff/student are aware of what to do and who they can talk to if the individual has a concern about their own safety or that of others and ensure the person who discloses any such abuse or neglect is given all reasonable support in an appropriate and professional manner.
• Identify vulnerable individuals at the earliest possible opportunity so that support strategies can be put in place as appropriate.
• Ensure appropriate admissions and staff policies and procedures including for those with relevant criminal convictions.
• Foster professional relationships with the local social services, the Metropolitan Police (Ealing safer neighbourhood), the Ealing Adult Safeguarding Board, Ealing Local Authority Designated Officer (LADO), West London Mental Health team, including the recovery College in order that communication is easy and efficient.
• Raise staff (and where appropriate student) awareness of issues relating to Safeguarding, particularly the prevention of and protection from all forms of abuse, neglect, along with safeguarding matters that would include: sexual misconduct, misuse of alcohol and drugs, serious violence, including domestic violence, county lines, FGM, radicalisation and violent extremism, child sexual exploitation, bullying, harassment and online safety (this list is not exhaustive; also refer to the cause for concern guidance).
• Understanding the current mental health crisis that is prevalent in our society following the recent pandemic and lockdown, which can affect our student body in relation to their needs around support with mental health.
• Accurately and confidentially record data related to reported cases and to identify and respond to any trends or patterns that may emerge.
• Review the policy regularly.
• Ensure that University staff who teach, engage with, and/or examine vulnerable adults (or children) are appropriately vetted through DBS, and a single central record is kept for audit purposes.
• Ensure that students or other volunteers working on behalf of the University with vulnerable adults or children are vetted and provided with appropriate training and support on safeguarding issues.

2. Legal framework and definitions for the purposes of this policy

2.1 The legal framework which governs this policy and procedure is outlined in Appendix A.

2.2 The following definitions are used in this policy:

• "Abuse" - The harm of a child, young person or adult at risk. Abuse can take many forms including sexual, physical, psychological (emotional) and financial
• "Adult at risk" - Under the Care Act (2014) an adult at risk is someone over 18 years old who: 
  • has care and support needs 
  • is experiencing, or is at risk of, abuse or neglect
  • as a result of their care and support needs is unable to protect themselves against the abuse or neglect or the risk of it
• "Vulnerable adults" - Under the Safeguarding Vulnerable Adults Act 2006 defines (for this policy purposes): 
  • has particular needs because of their age 
  • has any form of disability 
  • has a physical or mental problem of such description as is prescribed 
• “Barred Person” A person prevented by the DBS from working within a regulated activity with children or vulnerable adults
• “Child / Young person” - A person who is not yet 18 years of age
• “Designated Staff Members” - Staff members with responsibility for safeguarding children and vulnerable adults. See section 5
• “Disclosure and Barring Service (DBS)” - The Disclosure and Barring Service is an executive agency of the Home Office established in December 2012 through a merger of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA). Its purpose is to prevent unsuitable people from working with vulnerable groups including children, and to support organisations in England and Wales in making safer recruitment decisions
• “Governing Body” - The University’s Board of Governors
• “HEI” - Higher Education Institution
• “Local Authority” - The body who is responsible for social care and education such as a county council in England, a metropolitan district council, a non-metropolitan district council for an area where there is no county council, a unitary council, a London borough council or the common council of the City of London
• “Local authority designated officer (LADO)” - Every local authority has a statutory responsibility to have a LADO who is responsible for co-ordinating the response to concerns that an adult who works with children may have caused them or could cause them harm
• "Neglect" - the ongoing failure to meet a person's basic needs
• “Parents” - individual who has parental responsibility
• “Regulated Activity” is work that a “Barred Person” must not do in relation to children. This is in brief:
  • i) unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice / guidance on well-being, or drive a vehicle only for children
  • ii) work for a limited range of establishments (“specified places”), with opportunity for contact: e.g., schools, children’s homes, childcare premises
  • Work under (i) or (ii) is regulated activity only if done regularly
• “Responsible Adult” - Any adult who works in an education setting where there are children and who are likely to be perceived by children as a safe and trustworthy person for example, all members of staff, contractors, volunteers, members of the Governing body, consultants and agents
• "Safeguarding" - The steps taken to ensure a person aged under 18 or a vulnerable adult is protected from harm, abuse and neglect
• “Senior Management Lead” - A member of the Vice Chancellor’s Executive with responsibility for safeguarding policy and procedures
• "Social Care” - Social Care Services are local authority department(s) that aims to protect the wellbeing of children and adults at risk. Social Services have a statutory obligation to safeguard and promote the welfare of both children and adults at risk
• “Staff” - All adults employed by the University whether full time, part time, temporary or permanent
• “Student” - In the context of this policy this means any person who is registered for a Course at the University including Apprenticeships but excludes ‘Partner’ institutions
• “Three Safeguarding partners” - The local authority, a clinical commissioning group, and the police chief from the local area
• "2014 Care Act" - The Care Act (2014) put in place the statutory framework for adult safeguarding.  It sets out a clear legal framework for how local authorities and other parts of the health and care system should protect vulnerable adults of abuse or neglect. Under the 2014 Care Act the legal responsibility for safeguarding vulnerable adults of arm sits with the local authority in which the adult resides

3. Policy aims

3.1 The aims of the policy are to:

• Set out how the University’s staff provides a safe environment for vulnerable adults (and children) who are enrolled as students at the University or who are taught and/or examined by UWL staff.
• Provide guidance for staff, including understanding of our vulnerable adults such as those with disabilities (including Specific Learning differences), care leavers, asylum seekers etc.
• Ensure staff and students are aware of the Prevent Duty and to have due regard to the need to prevent people from being drawn into terrorism.
• Provide robust procedures to follow in the event of a suspected abuse, neglect, risk or harm of a vulnerable adult (or child), including radicalisation which protects students and staff.

4. Scope of the policy

4.1 The scope of this policy extends to all employees of the University, the Governing Body, all students at the University (excluding any UWL partner institutions unless named in 5.1), volunteers who work on behalf of the University and visitors to University premises, all contractors, agency staff and staff employed by the Student’s Union whether temporary or permanent.

4.2 The policy applies to students who are volunteers in regulated activity in other settings. Such students will be trained in Safeguarding and how to report issues.

5. University staff with responsibilities for safeguarding

5.1 Set out below are the roles and responsibilities within the University’s Safeguarding Policy: 

Senior Management Lead: The University Secretary is the member of the Vice Chancellor’s Executive with overall responsibility for the development, implementation and advice on Safeguarding policies and procedures. In their absence, the Deputy Pro-Vice Chancellor (Student Experience & Education) will be the Senior Management Lead. 

Designated Safeguarding Lead (DSL): The Associate Pro-Vice Chancellor Student Affairs or the Head of Student Services Operations and/or Head of Student Welfare will be the DSL. The Associate Pro-Vice Chancellor Student Affairs is responsible for ensuring that the Safeguarding Policy is adhered to and liaising with the relevant local authority/police and other external agencies as necessary. For any staff related matters will be referred to Director of HR.

Designated Safeguarding Officer (DSO): The Student Welfare Advisers would be the first point of contact together with the designated officers for students for any Safeguarding issues within their areas of responsibility as follows: 

• The Student Welfare Officers
• The Head of Apprenticeship
• Head of LCM Examinations
• The Pyramid Project Co-ordinator for volunteers on the Pyramid Project
• The Head of Membership of the Students’ Union
• Head of Recruitment & Customer Relationships (Outreach)
• Head of Careers and Volunteering
• Drama Studio London Director
• Head of Quality for LGCHT (Junior Chef) 

Lead Governor: A lead designated Governor (Chair of the Audit and Risk committee) will also have oversight of the University’s policy on safeguarding.

5.2 The University shall maintain a list of the appropriate staff members with responsibilities in relation to Safeguarding (see Appendix E) on the University internal/external websites.

6. The protection of children

6.1 Safeguarding and promoting the welfare of children defined as:

• Protecting a child from maltreatment
• Preventing the impairment of a child’s health or development
• Ensuring that a child is growing up and thriving in circumstances consistent with the provision of safe and effective care
• Taking action to enable all children to have the best outcomes

6.2 When an issue has been identified and raised by a student or third party relating to the protection of a child, the DSL will take appropriate action as promptly as possible. This may include referring the case to the relevant LADO, the children’s care services and/or the police.

7. What is abuse?

7.1 Abuse in vulnerable adults (children), may involve inflicting harm or failing to act to prevent harm or abuse and can include any one or more of the following four nationally recognised forms of abuse:

• Abuse: a form of maltreatment of a person. Somebody may abuse or neglect a person by inflicting harm or by failing to act to prevent harm. Harm can include ill treatment that is not physical as well as impact of witnessing ill treatment of others. This can be particularly relevant, for example, in relation to the impact on individuals including children of all forms of domestic abuse. People can also abuse other people online, this can take the form of abusive, harassing, and misogynistic/misandrist messages, the non-consensual sharing of indecent images, especially around chat groups, and sharing of abusive images and pornography to those who do not want to receive such content. 
• Physical abuse and violence: may involve hitting, shaking, throwing, poisoning, burning or scalding, downing, suffocating, or otherwise causing physical harm, including by fabricating the symptoms, or deliberately causing, ill health to another.   
• Psychological and emotional abuse: is the persistent emotional maltreatment of a person such as to cause severe and persistent adverse effects which involves the regular and deliberate use of a range of words and on physical actions used with the purpose to manipulate, hurt, weaken, or frighten a person mentally and emotionally; and/or distort, confuse or influence a person’s thoughts and actions within their everyday lives, changing their sense of self and harming their wellbeing. It may involve serious bullying (including cyberbullying) causing individuals frequently to feel frightened or in danger, or the exploitation or corruption. Some level of emotional abuse is involved in all types of maltreatment, though it may occur alone. 
• Sexual violence and abuse: involves forcing or enticing a child, young or vulnerable person to take part in sexual activities, including prostitution, whether or not the person is aware of what is happening. Sexual violence and abuse are any behaviour of a sexual nature which is unwanted and take place without consent or understanding. Not all sexual assault involves violence, cause physical injury or leave visible marks. Sexual assault can cause severe distress, emotional harm which can’t be seen – generally these take some time to recover from. The activities may involve physical contact, including penetrative (for example rape or oral sex) or non-penetrative acts (masturbation, kissing, rubbing and touching outside of clothing. They may include non-contact activities, such as involving children / people in looking at or in the production of pornographic material, watching sexual activities or encouraging them to behave in sexually inappropriate ways or grooming a child in preparation for abuse. Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children. The sexual abuse of children by other children is a specific safeguarding issue in education and all staff should be aware of it. 
• Neglect: neglect is the persistent failure to meet a person’s basic physical and/or psychological needs, likely to result in the serious impairment of an individual’s health or development, such as failing to provide adequate food, shelter and clothing, or neglect of, or unresponsiveness to, a child or adults at risk’s basic emotional needs.

7.2 In addition to the above forms of abuse, there are a few safeguarding issues that may constitute abuse in certain circumstances and that may cause serious concern and that can and do occur in relation to the University’s students. These are:

• Digital abuse/bullying: is the use of communication technology to torment, threaten, harass, humiliate, embarrass or otherwise harm an individual by sending or posting text messages or pictures intended to do so. It can occur at any stage of a relationship and to people of all ages, though it is especially common among teens and young adults. It can also occur outside of intimate partner relationships, such as experiencing harassment from someone on a dating website. Signs of digital abuse may be:
  • Online bullying and harassment
  • Sexual exploitation and grooming online
  • Discrimination and abuse on grounds of any protected characteristics
  • Sharing of illegal and inappropriate imagery
  • Cyberstalking
  • Impersonation and hacking
  • Disinformation and misinformation
  • The oversharing of personal information
• Bullying: may take many forms and is an act of aggression causing a person to feel threatened or intimidated because of those actions.
• Domestic violence including coercion, financial and emotional abuse: Domestic abuse, or domestic violence, can be defined as any incident of controlling, coercive or threatening behaviour, violence, or abuse between those aged 16 or over who are or have been intimate partners or family members, regardless of their gender of sexuality. The abuse can encompass, but is not limited to: Psychological, physical, sexual, financial or emotional. The definition includes so-called ‘honour’ based violence, female genital mutilation (FGM) and forced marriage. Victims are not confined to one gender or ethnic group. Definitions: 
  • Controlling behaviour is a range of acts designed to make a person subordinate and/or dependant by isolating them from sources of support, exploring their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.
  • Coercive behaviour is an act or pattern of acts of assaults, threats, humiliation and intimidation or other abuse that is used to harm, punish or frighten their victim.
  • Forced marriage is a marriage in which one or both of the parties is married without valid consent and where duress is a factor. An arranged marriage become a safeguarding issue where the person concerned is a child or is an adult who lack the capacity to provide valid consent.
• Financial abuse: including theft, fraud, exploitation, the misuse of possessions or benefits and pressure applied in relation to financial transactions.
• Discriminatory abuse: is an action that denies social participation or human rights to categories of people based on prejudice. The University does not tolerate discrimination on any grounds.
• Female genital mutilation (FGM): female genital mutilation is a form of abuse which has devastating physical and psychological consequences for girls and women. Since 1985 it has been a serious criminal offence under the Prohibition of Female Circumcision Act to perform FGM or to assist a girl to perform FGM on herself. The Female Genital Mutilation Act 2003 tightened this law to criminalise FGM being carried out on UK citizens overseas. Anyone found guilty of the offence faces a maximum penalty of 14 years in prison. The Mandatory Reporting Duty Section 5B of the Female Genital Mutilation Act 2003 (as inserted by section 74 of the Serious Crime Act 2015) will place a statutory duty upon teaching staff, along with social workers and healthcare professionals, to report to the police where they discover (either through disclosure by the victim or visual evidence) that FGM appears to have been carried out on a girl under 18. Those failing to report such cases will face disciplinary sanctions.
• Upskirting is a highly intrusive practice, which typically involves someone taking a picture under another person’s clothing without their knowledge, with the intention of viewing their genitals or buttocks (with or without underwear). It is now a specific criminal offence in England and Wales.
• Stalking can be defined as persistent and unwanted attention that makes someone feel pestered and harassed. It includes behaviour that happens two or more times, directed at or towards a person by another person, which caused someone to feel alarmed or distressed or to fear that violence might be used against that person. The problem is not always ‘physical’ – stalking can be psychologically as well.
• Modern slavery and human trafficking are the recruitment, movement, harbouring or receiving of children or adults using force, coercion, abuse of vulnerability, deception or other means for the purpose of exploitation. Individuals may be trafficked into, out of or within the UK, and they may be trafficked for several reasons including sexual exploration, forced labour, domestic servitude and organ harvesting.
• Radicalisation and violent extremism: The University recognises the positive contribution it can make towards protecting its students from radicalisation and violent extremism. It will continue to empower its students to create communities that are resilient to extremism and protecting the wellbeing of particular students who may be vulnerable to being drawn into violent extremism or crime. It will also continue to promote the development of safe spaces for free debate where shared values can be reinforced. Radicalisation is the process by which individuals come to support terrorism or violent extremism. There is no typical profile for a person likely to become involved in extremism, or when they move to adopt violence in support of their particular ideology. 
  • While radicalisation is not usually considered a form of abuse, the University provides guidance under the UWL’s ‘Cause for Concern guidance’ on how to respond in the event of a concern emerging in this regard but, in summary, an immediate referral should be made to the University Secretary.  Information about the Prevent Duty is available on the Universities website.

7.3 The University also recognises there are other contributing factors that may impact the student body which could be a safeguarding concern:

LGBTQIA+: in some cases, students can be targeted with different forms of abuse, discrimination and hate crime which is a criminal act. There are particular obstacles that the LGBTQIA+ community may encounter from fear or ostracized, homophobic behaviour etc. which can have a negative effect on an individual’s mental wellbeing.

Language and cultural barriers: in some cases, a student whose English is not their native language can be subject to for example: prejudices, abuse and discrimination, some of these differences of what may be accepted as the norm in their home country can be construed differently, or in some cases a criminal offence in the UK e.g. speaking about someone’s gender, physical dress, or behaviour to others. The University is mindful of these barriers and appreciate at times this would have a negative impact an individual.

Other behaviours: can include the misuse of alcohol and drug taking, serious violence or the threat of violence, together with deliberately missing education (including any that may be linked to county lines). 

8. What to do when a student discloses abuse

8.1 When a student discloses to a member of University staff that abuse has taken place, the staff member should:

• Listen;
• Stay calm;
• Take the student seriously;
• Ask clarification questions only if absolutely necessary. Remember that it is not your duty to investigate, merely to accurately record what is said;
• Inform the student someone else will need to be informed e.g. DSL or DSO;
• Report the issues immediately, as is detailed in section 11 of this policy.

8.2 You must always inform a member of staff with responsibility for Safeguarding if a student has informed you of abuse.

8.3 Staff should not:

• Put words into the student’s or third party’s mouth or ask leading questions;
• Investigate concerns or allegations;
• Promise confidentiality;
• Fail to record what you have been told;
• Fail to pass on the information to the correct person (as outlined in section 11).

8.4 A member of staff must not question the student in depth. This is because asking leading questions or attempting to investigate the allegations can jeopardise any criminal investigation that may follow. The member of staff should re-assure the student that they are doing the right thing in making the disclosure and avoid making comments or judgements on the disclosure.

8.5 For any staff disclosure, please refer to the HR policies & procedures.

9. Maintaining confidentiality

9.1 The University acknowledges that it is necessary to maintain and respect confidentiality. However, appropriate disclosure to designated officers or external agencies may be required to ensure that the safety of children or vulnerable adult at the University is maintained.

9.2 Normally, personal information should only be disclosed to third parties with the consent of the person that the information relates to. Wherever possible, consent should be obtained in writing before sharing personal information with third parties. In some circumstances, consent may not be possible or desirable but the safety and welfare of the student dictates that the information should be shared.

9.3 All members of staff have a professional responsibility and obligation in accordance with their pastoral care obligations to share relevant information about the protection of children or vulnerable adult with either the DSL or DSO responsible for safeguarding and where requested with other appropriate professionals and/or investigative agencies.

9.4 If a student confides in a member of staff and requests that the information be kept confidential, it is important that the member of staff tells the student, in an appropriately sensitive way, that he or she has a responsibility to refer cases of alleged abuse to the appropriate people in accordance with this policy. However, the student should be assured that the matter will be disclosed only in accordance with this policy and procedures, which should be explained to them.

9.5 Remember staff cannot guarantee confidentiality. If possible, they should tell the student about this before they disclose the abuse. If the individual, then does not wish to continue when informed that the information will be disclosed in accordance with this policy, they should be referred to the Student Welfare Team who will help the person access support from specialist organisations. The staff member should still discuss the case with either the DSL or DSO for the academic area responsible, even if the individual does not want to escalate this matter. The DSL in conjunction with the University Secretary will then make the decision as to whether to take further action.

10. Requests for assistance by other agencies

10.1 Staff have a legal duty to assist Local Authority Children and Family Social Care Services or the Police when they are making enquiries about the welfare of students. Information about a student must therefore be shared on a "need to know" basis with other agencies. Staff should refer such requests to the DSL or the University Secretary before responding unless they have prior authority to provide the information. When telephone requests for information are received, always maintain security by checking the identity of the caller and if necessary, calling back before giving information about a student. All responses to such requests much be in line with the University’s Data Protection Act. 

11. How to record and report abuse

11.1 If the student wishes to continue to disclose the abuse, the member of staff must:

• Refer the student to a DSL or DSO immediately;
• Inform the student of the action that would follow the conversation and assure them that they will be kept informed of developments; 
• Complete the disclosure form (attached at Appendix B) and include what the student has told them as soon as they can but within two hours. Make a detailed note of: 
  • the date; 
  • the time; 
  • the place where the alleged abuse took place;
  • what the student said, did and the questions asked by the member of staff.
  • include a description of any injuries observed;
  • your name, the name of any other person who is present during the disclosure;
• Give this to DSO who will discuss this with the DSL. The DSL will contact the authorities as appropriate.

11.2 Staff may make a referral directly to local care services. However, they should only do this if the student is in immediate harm and/or they are unable to contact the DSL, DSO or the University Secretary. When a staff member does inform care services, they should always inform the Associate Pro-Vice Chancellor Student Affairs or the University Secretary as soon as possible.

11.3 If the disclosure is made by a parent/guardian/carer or another student, the member of staff should follow the same procedure and refer them to the DSL.

11.4 Individual staff should never deal with abuse disclosures in isolation and must always refer to the DSO for the academic area.

11.5 Once a referral is made to the Designated Safeguarding Officer they will:

• ensure that the individual is not in any immediate danger and seek medical attention if needed;
• if it is decided that it is necessary to take action following a disclosure of abuse, the DSL will contact the Local Adult Safeguarding Team or LADO (children), local social care services and/or the police as appropriate. If there is a significant safeguarding concern the DSL will contact other relevant outside agencies as required;
• a written record of the date and time of the report should be made, and the report must include the name and position of the person to whom the matter is reported, maintaining a single copy of that report which will be safely maintained by Student Welfare on behalf of the University. The telephone report must be confirmed in writing, using the appropriate referral form where possible, to the Local Adult Safeguarding Team/LADO within 24 hours. All staff should be aware that well-kept records are essential for good practice;
• when a person is not sure about taking the allegation forward, the Associate Pro-Vice Chancellor Student Affairs will make a decision based on the information provided and seek advice from the Local Adult Safeguarding Board/LADO, social care services or the police as necessary.

11.6 In all circumstance the individual will be kept at the centre of the decision-making process. Local Adult safeguarding/LADOs and the of other professional’s views will be taken into consideration. However, it remains the responsibility of the DSL to take whatever action is necessary to ensure the individual’s safety and that of any other person who may be at risk. They will always discuss cases and referrals with the University Secretary/ Associate Pro-Vice Chancellor Student Affairs before acting. If the Associate Pro-Vice Chancellor Student Affairs is not available, they will discuss it with the Senior Management Lead.

11.7 In the event of a decision to report, the Designated Officer should inform the individual of the proposed action and the reasons for the decision. Ideally this should happen before the appropriate agency is informed.

11.8 The Designated Officer, as agreed should contact the Local Adult Safeguarding/LADO of the appropriate Local Authority by telephone in the first instance and record the date and time that this took place. They will agree with the recipient of the referral what the next steps should be. They will confirm the referral in writing, using the appropriate referral form provided by the relevant local authority.

11.9 Where an allegation is made against a member of staff, the Associate Pro-Vice Chancellor Student Affairs (or in their absence the University Secretary) should report this to the Director of Human Resources (or in their absence the Deputy Director of Human Resources). For further information in relation to allegations made against a member of staff, refer to section 17 of this policy document.

11.10 Where the individual decides not to take the matter further, the individual will be asked to sign a written statement to that effect. As outlined in 9.5 the Associate Pro-Vice Chancellor Student Affairs in conjunction with the University Secretary may still consider that action is appropriate to take action to protect the individual or other students at the University.

11.11 The DSL will be the University contact if social care services or the police require further information about the student.

11.12 If necessary, DSL will represent the University at multi-agency strategy discussions or child protection conferences.

11.13 Where the instance of abuse includes radicalisation or extremism, the University Secretary will consider whether a referral under the Information Sharing Protocol for Prevent is appropriate (see Cause for Concern policy for more details).

12. Contact with the family (in relation to children)

12.1 Contact with the family should be discussed with the Associate Pro-Vice Chancellor Student Affairs or University Secretary, who may consult with Children’s Social Care.

12.2 In cases where a minor physical injury causes concern, it is usual practice to discuss this with the parent or carer. If the explanation suggests a non‐accidental cause for the injury, (or a failure to protect the student from harm), the student, parent or carer should be informed that the matter must be referred to Children’s Social Care.

12.3 In cases of possible neglect or emotional abuse, the concern may have built up over a period of time. There may have been discussion previously between University staff and the family about sources of help, but if concerns persist, the Associate Pro-Vice Chancellor Student Affairs or University Secretary will need to refer Children’s Social Care and will normally advise the family of this.

12.4 In cases where there are suspicions of sexual abuse, the Associate Pro-Vice Chancellor Student Affairs or University Secretary will seek immediate advice from Children’s Social Care before discussing this with the family.

13. Safeguarding concerns out of hours

13.1 If a concern arises out of normal working hours that cannot wait until the resumption of normal working hours, then the safety of the student must be prioritised. Please contact security in the first instance (who are based on site 24 hours per day). They will contact the available safeguarding personal.

13.2 In the event of security being unavailable please call the local police on 101. The police should be able to provide you with a number for out of hours support.

13.3 Any case must be dealt with in this manner should be reported to the DSL via email containing relevant information about who was informed, crime reference number and any action that was taken by the police or local authority.

14. Record keeping and retention

14.1 The Student Welfare Team is responsible for maintaining confidential records of all safeguarding issues including a Safeguarding log. The Associate Pro-Vice Chancellor Student Affairs shall control access to such records at all times.

14.2 All concerns, discussions, decisions made and reasons for those decisions will be accurately recorded and kept confidential and stored on the Student Hub with limited access rights.

14.3 All privacy and retention of any such documents will be managed and retained in line with our retention schedules.

15. Allegations against students

15.1 In the event of a student making an allegation against a another University student, the person should be encouraged to report via ‘Report and Support’ and the Associate Pro-Vice Chancellor Student Affairs must be informed.

15.2 The University Student Disciplinary Procedures will be implemented where appropriate.

15.3 If the student has to be suspended from the University premises, they must be given a full explanation as to why and be dealt with in a sensitive, safe and discrete manner. The suspension will be undertaken by the University Secretary in accordance with the Student Disciplinary Procedures.

15.4 The University recognises that it has duties and responsibilities relating to the protection and fair treatment of its students. Should allegations of abuse and or inappropriate behaviour be levelled against a student, the University or nominee will afford that student the necessary support as is appropriate in the circumstances.

16. Harm, from or to, other children

16.1 Abuse or concerns about a risk of abuse or harm by other students is subject to the same safeguarding procedures as in respect of students being abused by an adult.

16.2 Staff should be alert to the risk a child or young person may pose to other young people other than any “current” victim. Young people who harm others are likely to have considerable needs themselves (e.g. they may have been subjected to abuse, witnessed domestic violence or committed criminal offences). In such cases there will usually be a need to refer the alleged perpetrator of harm to Children’s Social Care.

17. Allegations against a member of staff or governor

17.1 It is essential that that any allegations of abuse made against a member of staff or a member of the Governing Body are dealt with fairly, quickly and consistently. These procedures apply to all staff, whether teaching, administrative, management or support staff.

17.2 Where an allegation of abuse has been made against a member of university staff this should be referred immediately to the Associate Pro-Vice Chancellor Student Affairs who will inform the Director of Human Resources and the University Secretary. Allegations of abuse being made against a member of staff can also be made directly to the Director of Human Resources. Refer to section 11 of this policy in relation to “How to Record and Report Abuse”. Staff or students may make this allegation in accordance with the Public Interest Disclosure Policy (Whistleblowing) if appropriate.

17.3 Where allegations are against a member of the Vice Chancellor’s Executive team (excluding the Vice Chancellor), then the matter should be referred straight to the Vice Chancellor. In cases where an allegation is made against the Vice Chancellor then this should be referred directly to the Chair of the Board of Governors who will deal with it in consultation with the Lead Governor for Safeguarding. Where an allegation is made against a governor, then the matter should be referred directly to the Chair of the Board of Governors. Where an allegation is made against the Chair of Governors, this should be referred to the Vice Chancellor who will deal with it in consultation with the Lead Governor for Safeguarding.

17.4 The Director of Human Resources will obtain information as referred to in Section 11 from the Associate Pro-Vice Chancellor Student Affairs as appropriate. Where cases are directly disclosed to the HR Department, a record and report of the alleged abuse will be kept as stipulated in Sections 10 and 11 of this policy.

17.5 Where it is a registered student who is the alleged victim of abuse and this has been referred directly to the Director of Human Resources, the Associate Pro-Vice Chancellor Student Affairs will be informed.

17.6 The Director of Human Resources in discussion with the University Secretary and other members of the Vice Chancellor’s Executive (including where relevant with a Governor or Chair as in 16.3 above), as appropriate will assess the information and a decision will be made on whether the allegation can be dealt with internally or if it ought to be referred to the Local Adult Safeguarding/LADO and/or relevant external authorities and agencies. Referrals will be considered in accordance with guidance in the statutory guidance Working Together to Safeguard Children and Keeping Children Safe in Education (KCSIE) where it is alleged that a member of staff has:

• Behaved in a way that has harmed a student or other child; 
• Possibly committed a criminal offence against or related to a student or child; 
• Behaved towards a student or child in a way that indicates they would pose a risk of harm if they work regularly or closely with a child or children.

17.7 The DSL will refer the case to the LADO , if necessary, and will be the point of contact with the LADO, the police, social services and/or any external agencies in relation to Safeguarding for the University.

17.8 Decisions to progress the case could be as follows:

• (a) The allegations are so serious as to require immediate intervention by the police, social care and/or relevant external agencies.
• (b) The allegation represents inappropriate behaviour or poor practice by the member of staff and is neither potentially a crime nor a cause of significant harm to the child. If this is the outcome, the matter shall be addressed in accordance with the University’s Staff Disciplinary Policy and Procedure.

17.9 For cases where there is referral to the police or social care, the University shall consider holding in abeyance its own internal enquiries while the formal police, social services or relevant external agency investigations proceed, where to do so otherwise may prejudice the formal investigation. The University shall take advice where relevant from the police, social care or relevant external agency in considering the application of internal procedures including the University’s Staff Disciplinary Policy and Procedures.

17.10 Disciplinary investigations relating to safeguarding will need to additionally record one of the following outcomes: substantiated, malicious, false or unsubstantiated and this will be recorded. Allegations can be shown to be false because facts alleged could not possibly be true. The DSL will be consulted in determining the safeguarding outcome to be recorded.

17.11 Disciplinary investigations relating to safeguarding and outcomes need to be retained until the accused has reached pensionable age or for a period of 10 years from the date of the allegation, whichever is longer.

17.12 In some circumstance the University may consider suspending the member of staff until the case is resolved as part of UWL’s Staff Disciplinary Policy and Procedure. If the individual is a governor, they will be suspended under the Standing Orders of the Board of Governors. The following will be taken into account:

• (a) an individual is at risk; and/or
• (b) the allegations are sufficiently serious if proven to justify dismissal on the grounds of serious or gross misconduct within the context of staff disciplinary procedures; and/or
• (c) suspension is necessary for the good and efficient conduct of the investigation

17.13 The suspension will remain under review in accordance with UWL’s Staff Disciplinary Policy and Procedure.

17.14 The Associate Pro-Vice Chancellor Student Affairs will be responsible for responding to and providing an update to the student, parent and/or guardian in all matters in relation to a safeguarding disclosure.

17.15 Following the staff disciplinary investigation and outcome, the Associate Pro-Vice Chancellor Student Affairs will inform the individual at the centre of the allegation and if a child is involved, their parent or guardian should be kept informed of the outcome. This is particularly important, prior to the return of the member of staff or alleged individual returning to UWL.

17.16 The University, as an employer, also recognises that it has duties and responsibilities relating to the protection and fair treatment of its staff. Should allegations of abuse and or inappropriate behaviour be levelled against an employee, the University will afford that employee the necessary support as is appropriate to the circumstances.

17.17 If a member of staff makes a malicious or false allegation, and particularly if they persist in making them, disciplinary action may be taken against the individual in question.

17.18 The University is aware that an allegation of abuse made by a student or child against a member of staff or Governor from within or outside the University may be made for a variety of reasons and that the facts of the allegation may or may not be true. The University recognises the duty as established in the Children Act 1989 and 2004 that the welfare of the child is the paramount concern arising within or outside the University. It is also appreciated that hasty or ill-informed decisions in connection with a member of staff can have an irreparably adverse impact on an individual’s reputation, confidence, and career.

17.19 UWL’s Employee Assistance Programme (EAP) will be available for any support that an alleged staff or Governor may require where an allegation is made against them. UWL’s current EAP provider can be contacted on the Freephone helpline 0800 028 0199 or accessed online at the health assured website.

17.20 The Associate Pro-Vice Chancellor Student Affairs in discussion where relevant with the Vice Chancellor, Governing Member or Chair should give due consideration to what information should be made available to the University community and the general population.

17.21 False allegations may be indicative of a problem of abuse elsewhere. A record should be kept and consideration given by the Associate Pro-Vice Chancellor Student Affairs to a referral in order that other agencies may act upon that information.

17.22 The University must refer someone to the DBS if they are:

• (a) dismissed/removed because they have harmed a child or vulnerable adult
• (b) dismissed or removed from regulated activity because they may have harmed someone
• (c) were planning to dismiss or remove them for either of these reasons but the person resigned first

18. Creating a safe environment for study

18.1 Training

18.1.1 The University recognises that all academic staff members who work with vulnerable adults (children) need to have training that equips them to be aware of, identify and respond to an individual’s welfare concern. Relevant staff will receive training on an annual basis, which will adequately familiarise them with issues and responsibilities relating to safeguarding vulnerable adults (children is necessary). In addition to the University procedures and policies, undertaking refresher training or updating annually as appropriate and as and when updates are required. A record of training will be maintained by HR.

18.1.2 The Designated Safeguarding Lead’s, (together with the Safeguarding Governor) will undertake appropriate training and receive refresher training every two years. They will be required to keep up to date with any changes as appropriate and following significant legislative change.

18.1.3 Designated Officers must undertake appropriate training and will receive refresher training or updating annually as appropriate and following significant legislative change. Designated Staff will be required to keep up to date with developments in safeguarding.

18.1.4 All staff are required to read the Keeping Children Safe in Education (part one) (Sept 2023).  All monitoring records will be held by HR.

18.2 Recruitment of Staff

18.2.1 The University will seek to ensure that unsuitable and/or barred people are prevented from working with children and vulnerable adults and will follow safe recruitment practices. The day to day responsibility for practice and procedure lies with the Director of Human8Resources in accordance with the Criminal Convictions, Disclosure and Barring Policy (Staff).

18.3 Student DBS checks

18.3.1 In recruiting students on courses or volunteering activities where they will engage in Regulated Activities relating to children, DBS checks will be required. The School/Professional Service Department recruiting to such courses/activities has the primary responsibility for ensuring that the appropriate checks are carried out. The Head of School/Service will be responsible for this compliance requirement.

18.3.2 Any issues relating to a student’s DBS check will be dealt with under the appropriate regulations for DBS Screening available here.

18.4 Contracts/Contractors

18.4.1 The University is aware that contractors will not be covered through the staff recruitment process and will where appropriate include appropriate contractual provisions which will have regard to safeguarding principles.

18.5 IT restrictions

18.5.1 The University, aims to ensure vulnerable adults (and children) are adequately safeguarded against inappropriate material accessible online and when using University IT equipment. Students are expected to abide by the Information and Security Policy. Failure to do so would be in breach of the Student Code of Conduct. The responsibility for this policy and its implementation lies with the IT Security Manager in conjunction with the Associate Pro Vice-Chancellor and Chief Information Officer.

18.5.2 Appropriate web filtering and monitoring is in place for those students who are under 18.

18.6 Offsite visits

18.6.1 The University as a part of its intention to provide a safe environment for students’ learning requires that offsite visits are appropriately conducted. Staff members must follow the procedures as outlined on the University’s Health and Safety website. The responsibility for assessing risk lies with the Head of School/Professional Service Department.

18.7 Use of images

18.7.1 The University ensures that it has the consent of students, staff and visitors before taking images either photographs or films. There are additional safeguards in place for students below the age of 18 and these are outlined in Appendix C.

18.8 Relationships and general guidelines on appropriate behaviour between Responsible Adults and Children

18.8.1 All Responsible Adults should be aware that inappropriate behaviour with or towards students is unacceptable. In particular, under the Sexual Offences Act 2003 it is an offence for a person over 18 to have a sexual relationship with a child or young person under 18 where that person is in a position of trust in respect of that child, even if the relationship is consensual.

18.8.2 Guidance for staff is contained in the Policy on staff - student relationships page. Further guidance particularly for staff working with children is set out in Appendix D.

18.9 Projects and activities involving children from schools, colleges and youth and community groups

18.9.1 The University runs a range of activities for children studying at schools and colleges and/or attending youth and community groups local to all of the University’s sites. These activities and projects may involve engagement including funded learning, outreach projects, taster programmes, University visits and access to University facilities.

18.9.2 Staff members involved in this work will liaise, where appropriate, with the Safeguarding Contact for the activity (often Designated Child Protection Officer) at the local school(s), college(s), and youth and community group(s) to ensure clear communication channels are established. All staff and students participating in these projects, where working with children unsupervised must have a DBS check and be trained in safeguarding.

18.10 Children on Premises

18.10.1 The University has security in place on its premises and requires all visitors to its campus to sign in and be issued with a visitors badge and pass. Where staff or students wish to bring children on to the campus the guidelines set out in the Children on University Premises: Policy and Procedures policy should be followed. The day to day responsibility for practice and procedure lies with the Director of Property Services. This process also applies to public events.

18.11 Use of University premises for non-University activities (external hire)

18.11.1 The University will ensure that appropriate arrangements are in place to keep vulnerable adults (and children) safe where premises are hired or rented out to organisations or individuals e.g., businesses, community groups.  Where activities involve University staff, the University's safeguarding procedures will apply. Where services are provided separately by another provider, the University will seek assurance from that provider’s governing body or proprietor that appropriate safeguarding and child protection policies and procedures are in place (including inspecting these as needed).

18.12 Undertaking University business on non-University premises

18.12.1 All members of the University community who are representing the University on non-University premises and who expect to be engaging with children, vulnerable adults, and young people as part of their University activity must familiarise themselves with, and abide by, the host organisation’s safeguarding procedures.

19. Further guidance

19.1 In the event that further guidance is required on this policy please contact the Designated Safeguarding Lead.