Statutory and Legal Context:

Children Act, 2004

Children and Families Act, 2014

Working Together to Safeguard Children, 2015 The Care Act, 2014

 

Informed by:

Working Together, 2018

Safeguarding Vulnerable People in the NHS: Accountability and Assurance Framework (NHS England, 2019)

Domestic Abuse Act, 2021

Slavery and Human Trafficking Regulations, 2022 General Data Protection Regulations (GDPR), 2018.

 

1. Introduction

Safeguarding children, young people and adults at risk is everyone’s business. AJA upholds the human right for everybody to be safe from abuse and protected from harm.

Safeguarding is a multi-agency approach led by local authorities who hold statutory responsibilities under the Care Act (2014).

AJA members raising a safeguarding alert are expected to comply procedures applying in the local authority in which the concern arises. This policy is designed to support members and candidates to comply with safeguarding procedures operating in all the relevant local authority areas.

• This document sets out duties in responding to risks of, abuse and neglect. AJA endorses the key principles set out in the ‘Care and Support Statutory Guidance’ (DHSC 2014). Empowerment (people are encouraged to make their own decisions and informed consent), Prevention (it is better to take action before harm occurs), Proportionality (the least intrusive response appropriate to the risk presented) and Protection (support and representation for those in greatest need of safety). A further two principles, pertaining more to AJA as an organisation, were set out in a later government policy statement; Partnerships (local solutions through people working with their local communities) and Accountability (accountability and transparency in delivering safeguarding)

 

• This policy is based on our responsibilities under the Children Act 2004 and the Children and Families Act 2014, regarding the need to safeguard and promote the welfare of children. It is also informed by Working Together, 2018.

 

• The Policy also incorporates guidance for the safeguarding of adults at risk of harm or abuse.

 

• In line with the British Psychoanalytical Council’s Code of Ethics, we believe ‘Registrants must always act in a way that they reasonably believe to be in the best interests of their At all times the welfare of the patient must be paramount, and every care taken to ensure that the patient is not exploited in any way’.

 

2. AJA’s Policy Commitment

 

AJA believes that all children, young people, and all adults have the right to be safe, happy and healthy and deserve protection from abuse. AJA is committed to safeguarding from harm all children, young people and adults at risk using any of its services and involved in any of its activities, and to treat them with respect during their dealings with the members and trainees of AJA.

 

3. Aims of the Policy 

The aims of the policy are to:

 

• Clarify the roles and responsibilities within scope of the policy
• Support the promotion of a safe working environment and a culture of care in which the human rights of all children, young people and adults are protected and
• Promote best practice in how members of AJA interact with children, young people, and adults at risk of harm or abuse while providing services.
• Develop clear guidance and procedures for those members working with children, young people and adults and ensure through support that they are aware of these and able to implement them.
• Provide a suggested protocol to help members, candidates and staff identify vulnerable children and adults at risk and take appropriate action in response to

 

4. Scope of the Policy 

The policy is in respect of AJA’s responsibility towards:

 

• A child at risk: defined as a person aged 18 or younger who is unable to protect themselves from abuse or neglect (Children’s Act 2014). AJA members should have insight to the Gillick Competence and Frazer Guidelines if working with young adults in the UK and understand how this may inform consent with child protection.
• An adult at risk: defined as a person aged 18 or over who has needs for care and support, regardless of whether those needs are being met, and because of those needs is unable to protect themselves from abuse or neglect (Care Act 2014 s. 42). Any adult can be at risk of harm from various types of abuse and neglect.
• A person/s alleged to cause harm: defined as a person (or body in the case of alleged organisational abuse or neglect) identified as a possible source of harm to another. Safeguarding procedures are primarily designed to prevent or respond to risks from others. Abuse and neglect can be unintentional.
• The members and candidates of AJA who have dealings with children, young people, and adults and who are required to act in a position of trust, responsibly and within the law. All members and trainees need an awareness of effective arrangements to safeguard and promote the welfare of children and adults at risk of harm and abuse.
• Children and adults at risk of harm and abuse about whom members and candidates might receive information pertaining to Safeguarding concerns through their practice.

 

5. Confidentiality

AJA attaches the highest importance to the maintenance of confidentiality in the communications between patients and their psychoanalyst or psychotherapist and in the privacy of any written notes. However, the need to share information and act upon a concern to keep children and vulnerable adults safe from abuse, may take precedence over the usual commitment to confidentiality.

We share a professional interest in their patient’s psychological functioning and are therefore in a particularly relevant position to identify interactions or circumstances that can affect the health and safety of a child or adult. In relation to child protection, one does not have to be working directly with a child and could be working with an adult patient, who may make historical or current disclosures of abuse or raise concerns about child protection within their families or communities. Similarly, an adult might make their own historical or current disclosures.

No single professional can have a full picture of a child or adult’s needs and circumstances and everyone who encounters them has a role to play in identifying concerns, sharing information, and taking prompt action as detailed in the ‘Raising a Concern’ section below.

 

6. Application of the Policy for paid employees

The level of DBS (formerly CRB) check required for any employee will be determined by the Chair and safeguarding lead. Clearance must be obtained before the individual commences work. As an employer of staff in a ‘regulated activity’ AJA has a responsibility to refer concerns to the DBS in accordance with the Safeguarding Vulnerable Groups Act 2006.

Individual concerns must be reported to the Chair.

It will be made clear to applicants that the position is exempt from the provisions of the Rehabilitation of Offenders Act 1974.

 

7. Definitions of Abuse (Children)

Children may be vulnerable to neglect, abuse, or exploitation from within their family and from individuals they come across in their day-to-day lives. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm.

Physical abuse may involve hitting, shaking, throwing, poisoning, burning, or scalding, drowning, suffocating, or otherwise causing physical harm, including by fabricating the symptoms of, or deliberately causing, illness in a child.

Emotional abuse is the persistent emotional ill-treatment of a child or such as to cause severe and persistent adverse effects on the victim’s emotional development or self-esteem. It may involve conveying to the victim that they are worthless or unloved, inadequate, or valued only in so far as they meet the needs of another person. It may involve age or developmentally inappropriate expectations being imposed, causing the victim frequently to feel frightened, or the exploitation or corruption of children or vulnerable adults. It may involve deprivation of contact, control, coercion, intimidation, or harassment.

Sexual abuse involves forcing or enticing a child to take part in sexual activities, whether or not the victim is aware of what is happening. The activities may involve physical contact, including penetrative (e.g., rape or buggery) or non-penetrative acts. They may include involving the victim in looking at, or in the production of, pornographic material, or encouraging them to behave in sexually inappropriate ways.

Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:

• Provide adequate food, clothing, and shelter (including exclusion from home or
• AJA members should have insight to the Gillick Competence and Frazer Guidelines if working with young adults in the UK and understand how this may inform consent with child protection).
• Protect a child from physical and emotional harm or
• Ensure adequate supervision (including the use of adequate
• Ensure access to appropriate medical care or
• It may also include neglect of, or unresponsiveness to, a child’s basic emotional

Staff also need to be aware of vulnerable groups such as those with disabilities, children living away from home, asylum seekers, children and young people in hospital, children in contact with the youth justice system, victims of domestic abuse and those vulnerable due to religion, ethnicity etc. and those who may be exposed to violent extremism.

All AJA members and candidates need to have an understanding of the above four categories of abuse: physical, emotional, sexual and neglect.

They also need to be aware of other types of safeguarding risks to children such as:

• Criminal exploitation of children and County Lines
• Gangs and Youth Violence
• Contextual Safeguarding
• Child Sexual exploitation
• Trafficked Children
• Abuse through the use of technology
• Influences of extremism leading to radicalisation
• Abuse Linked to faith and belief
• Fabricated or induced Illnesses (FII) and Perplexing Presentations (PP)
• Female Genital Mutilation
• Domestic Abuse
• Honour Based Violence and/or Forced Marriage

Members and trainees also need to be aware of the potential for specific vulnerabilities experienced by Disabled children, Children identifying as LGBTQIA+, Looked After Children, Private Fostered Children, Unaccompanied Asylum Seeker Children, Young Carers, and for those children where family circumstances presenting challenges, such as drug and alcohol misuse, adult mental health issues. These children may be more vulnerable to significant harm through maltreatment, abuse, or neglect.

8. Safeguarding issues in pregnancy and for babies

It is estimated that 30% of domestic violence towards women begins or escalates during pregnancy, and it has been identified as a prime cause of miscarriage or still-birth, premature birth, foetal psychological damage from the effect of abuse on the mother’s hormone levels, foetal physical injury and foetal death. The mother may be prevented from seeking or receiving proper ante-natal or post- natal care. In addition, if the mother is being abused this may affect her attachment to her child.

Babies under 12 months old are particularly vulnerable to violence. Where there is domestic violence in families with a child under 12 months old (including an unborn child), even if the child was not present, any single incident of domestic violence should be taken seriously, and you are encouraged to discuss this with your supervisor/safeguarding lead.

9. Adults at risk of harm or abuse

Living a life that is free from harm and abuse is a fundamental human right for every person and an essential requirement for health and well-being. Safeguarding adults is about safety and well-being but providing additional measures for those least able to protect themselves from harm or abuse. Care and Support statutory guidance identify types of abuse, but also emphasises that we should not limit their view of what constitutes abuse or neglect. The specific circumstances of an individual case should always be considered. The Care Act identifies 10 types of abuse.

Definitions of abuse (adults)

Physical

Examples of physical abuse are assault, rough handling, hitting, pushing, pinching, shaking, misusing medication, scalding, inappropriate sanctions, and exposure to excessive heat or cold. Unlawful or inappropriate use of restraint or physical interventions and/or deprivation of liberty are also physical abuse.

Sexual and Sexual Exploitation

Some examples of sexual abuse/assault include the direct or indirect involvement of the adult at risk in sexual activity or relationships which:

They do not want or have not consented to:

• They cannot understand and lack the mental capacity to be able to give consent to;
• They have been coerced into because the other person is in a position of trust, power or authority, for example, a care worker; or
• Required to watch sexual

 

Psychological/ Emotional

This is behaviour that has a harmful effect on the person’s emotional health and development or any form of mental cruelty that results in:

• Mental distress;
• The denial of basic human and civil rights such as self-expression, privacy and dignity;
• Negating the right of the adult at risk to make choices and undermining their self- esteem;
• Isolation and over-dependence that has a harmful effect on the person’s emotional health, development or well-being;
• Bullying;
• Verbal Attacks;
• Intimidation

 

Domestic Violence or Abuse

Domestic Abuse is defined as ‘any incident or pattern of incidents 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 gender or sexuality. This can encompass, but is not limited to, psychological, physical, sexual, financial and/or emotional abuse.

Coercive control a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim.

This controlling behaviour can be a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.’ (Source Home Office 2013 & Women’s Aid 2020)

The Domestic Abuse Act (2021) aims to raise awareness and understanding of domestic abuse and its impact on victims and their families and seeks to improve the effectiveness of the legal system in bringing perpetrators to justice whilst strengthening the support for victims by statutory agencies.

 

Neglect or acts of omission

This is when a person’s well-being is impaired and care needs not met. Behaviour that can lead to neglect includes ignoring medical or physical needs, failing to allow access to appropriate health, social care and educational services, and withholding the necessities of life such as medication, adequate nutrition, hydration or heating.

Neglect can be intentional or unintentional. Intentional neglect would result from:

• Wilfully failing to provide care;
• Wilfully preventing the adult at risk from getting the care they needed; or
• Being reckless about the consequences of the person not getting the care they

Unintentional neglect could result from a carer failing to meet the needs of the adult at risk because they do not understand the needs of the individual, they may not know about services that are available or because their own needs prevent them from being able to give the care the person needs. It may also occur if the individuals are unaware of or do not understand the possible effect of the lack of action on the adult at risk.

 

Discrimination 

Discriminatory abuse exists when values, beliefs, or culture result in a misuse of power that denies opportunity to some groups or individuals resulting in harm.

Psychological abuse that is racist, sexist, or linked to a person’s sexuality, disability, religion, ethnic origin, gender, culture or age.

 

Institutional

Observed lack of dignity and respect in the care setting, rigid routine, processes/tasks organised to meet staff needs, disrespectful language and attitudes. Domestic violence and self-harm need to be considered as possible indicators of abuse and /or contributory factors.

 

Financial and material

This is the use of a person’s property, assets, income, funds or any resources without their informed consent or authorization. It includes:

• Theft;
• Fraud;
• Exploitation;
• Undue pressure in connection with wills, property, inheritance or financial transactions;
• The misuse or misappropriation of property, possessions, or benefits; or
• The misuse of an enduring power of attorney or a lasting power of attorney, or

 

Modern Slavery

 Modern slavery encompasses human trafficking, slavery, servitude and forced compulsory labour. This definition is set out in the Slavery and Human Trafficking Regulations (Definition of Victim) 2022. The essence of human trafficking is that the victim is coerced or deceived into a situation where they are exploited. It does not have to be a direct personal relationship for psychological coercion. It includes:

• Grooming where people are enticed over time to take part in activity in which they are not willing recipients i.e., a trafficker may present themselves as a ‘boyfriend’ in a case of sexual exploitation.
• Giving or receiving payments or benefits for sexual exploitation having been given the impression there was legitimate education or employment opportunities i.e., dancer or childcare.
• Loss of control over earnings and personal freedom i.e., withholding wages and travel or immigration documents or making substantial deductions from a person’s salary.
• Perceived threat to the victim’s relationships with other people making an individual fearful or compliant i.e., blackmail, ritual oaths or threats of rejection from, or disapproval by, a peer group or family members.

Members and trainees need to remain aware that the categories of abuse or neglect outlined above from the Care Act are not limited and require an open view. Specific types of abuse are outlined in Appendix One.

 

10. The Care Act (2014)

 

The Care Act 2014, Section 42 (2) requires a local authority to make statutory enquiries, or cause others to do so, where it has reasonable cause to suspect that an adult with care and support needs is experiencing, or is at risk of, abuse or neglect and as a result of those care and support needs is unable to protect him/herself against the abuse/neglect or the risk of it (see Care Act 2014, S42(1)).

The Section 42 duty requires consideration of the following criteria under Section 42 (1) and

(2) of the Care Act (2014): S42 (1) Whether there is “reasonable cause to suspect” that an adult

1. has needs for care and support
2. is experiencing, or is at risk abuse or neglect, and

• as a result of their needs is unable to protect themselves

S42 (2)

1. Making (or causing to be made) whatever enquiries are necessary
2. Deciding whether action is necessary and if so what and by whom

A S42(2) enquiry establishes whether any action needs to be taken to prevent or stop abuse or neglect, and if so, what and by whom. The local authority is responsible for this public law

decision as to whether or not to carry out a statutory, s42(2) enquiry.

It works alongside individuals and partner agencies in gathering information connected with S42(1) to support that decision and in carrying out S42(2) enquiries.

 

11. Obstacles to identifying or acting on concerns about Safeguarding

 There can be many feelings/anxieties on the part of a practitioner that can lead to abuse being missed, or the seriousness of the concerns about safeguarding issues failing to be registered and responded to appropriately. These might include:

• The fear of losing the treatment alliance with the patient/client(s) in
• The discomfort of disbelieving or being found to have wrongly suspected clients/patients.
• Anxieties about breaching
• A focus on understanding the internal reasons why maltreatment may have occurred, particularly when there is no perceived intention to harm the patient/client(s).
• Uncertainty about how to judge the situation, and how to take up the concerns and what to write in the clinical file.
• Losing control of the therapy because of referring to other agencies such as LA Children’s Social Care, and doubts about the benefits of this; anxiety that, in the short-term at least, it may make the situation worse and cause trauma for patient/client.
• Personal safety of the Registrant if they feel threatened by the client/patient(s).
• Fear of complaints or litigation from client/patient(s).
• Anxieties about seeking support from colleagues, discussing clinical work with senior
• Anxiety/uncertainty about liaising with other professionals such as social workers/GP
• Difficulty of judging how to respond, and whether the presentation really indicates harm that needs to be acted upon.

The following guidelines outline the steps to follow in making this judgement. If in doubt, discuss this with your supervisor or safeguarding lead.

If there is any doubt about whether there is an emergency, call 999 and seek Police advice.

 

12. Responsibilities of members and candidates

You may have concerns in relation to sharing personal information about children, vulnerable adults, families, individual adults, or couples without the consent of the person concerned. However, professional bodies permit the disclosure of confidential information when such disclosure is necessary to safeguard the interests of the child or adult at risk of harm.

The protection of a child/ or a non-capacitous adult at risk of maltreatment overrides the need to obtain individual consent. If consent is withheld, it is important to listen to concerns to understand more of the context of this. But members or candidates who come into contact with children and such vulnerable adults in their everyday work ultimately have a responsibility to contribute to their safety when there is a risk of / actual maltreatment, neglect or exploitation.

Working Together 2018 advocates that a child-centred approach to safeguarding is fundamental to safeguarding and promoting the welfare of every child. The Care Act (2014) statutory guidance states that “safeguarding should be person-led and outcome focussed”. It engages the person in a conversation about how best to respond to their safeguarding situation in a way that enhances involvement, choice and control as well as improving quality of life, wellbeing, and safety”. In other words, finding a way forward is a balance.

Members and candidates are advised to:

• attend safeguarding training as
• familiarise themselves with the safeguarding policy and associated
• familiarise themselves with how to connect to their statutory local child / adult safeguarding teams / multi-agency safeguarding hubs.
• safeguard and promote the welfare of children and adults at risk of abuse and
• seek support to decide whether to act if they have concerns about a child or an adult at risk.

 

13. Recognising Risk

 There are four key steps to follow to help you to identify and respond appropriately to possible abuse and/or neglect. When a practitioner has concerns about the risk of harm for the first time during the assessment or treatment of a patient, the assessment of risk should take into account:

• The level of risk to the child/
• The level of care being provided to the child/
• The account of the child/ adult’s emotional
• The account of the child adult’s physical
• The description of the child/ adult’s

In the case of a child, the extent of any appropriate adult’s ability to protect and think about the child’s wellbeing and safety.

How to Identify Adults at Risk

An adult at risk is any adult:

• who needs care and support (including someone who has not been previously referred for assessment and someone who has been referred but assessment is not yet completed)
• is experiencing, or is at risk of, abuse or neglect, and
• as a result of their needs is unable to protect themselves against the abuse or neglect or the risk of it.

Disability or age do not in themselves put a person at risk. The person’s ability to protect themselves and safeguard their well-being is affected by:

• Their personal circumstances, such as the type and degree of a physical disability, learning disability, frailty, illness or mental health problem
• Risks arising from their environment – social contacts, quality of care, physical environment
• Their resilience – personal strengths, social supports, environmental supports which will make them more likely to be able to protect themselves.

 

14. Raising a Concern

 The following steps are a guide to members and candidates when considering safeguarding concerns that emerge at any point in the contact with patients. Abuse and exploitation are not always obvious. You may notice signs or have other indirect information suggesting something needs to be considered. AJA members, candidates or staff raising concerns are not expected to investigate allegations or make judgments: all that is needed is to identify a concern requiring further enquiry and act appropriately in a timely way.

In a case where there are concerns about a child or adult as a result of their therapeutic work, s/he may keep ‘Contemporaneous Management Notes’ as a record of events and actions.

Such notes should only record facts, rather than opinions. If allegations or enquiries involve third parties (including people alleged to cause abuse or neglect, whether professionals or members of the public), information recorded must not make it possible to identify individuals involved – unless those individuals have given written consent.

These concerns can be discussed with your supervisor or AJA’s safeguarding lead.

Members and candidates should first consider whether the issues of concern may adequately and appropriately be dealt with as part of treatment with the patient, without risk to the child or adult. If there is such a risk, the practitioner could consider whether to raise the issue with the patient with a view to obtaining his or her consent to refer the matter to social services or the police. It is important to discuss whether to take these steps with either your supervisor, or your safeguarding lead. Any allegation or safeguarding concern must be reported to the police if it raises the suspicion that a crime has been, is being or may be committed or there is an immediate risk to the child, young person adult or others.

Who Contacts Police: If service users have mental capacity, they should normally be supported to contact police themselves.

If such a request to the patient might of itself involve or increase a risk of harm to the child or adult, then practitioners should discuss the matter with their supervisor, or their safeguarding lead, without informing the patient until such time as you are clear what can be done without a risk of harm.

If consent is sought and refused for a child or non-capacitous adult, and the risk has not been adequately addressed, you should refer the matter to the local safeguarding team in any event. In the event of other professionals already being involved with the patient in relation to the concerns, it would be advisable to communicate with those other professionals about the concerns, and wherever possible this should be with the patient’s permission.

Further guidance to acting upon concerns in relation to protection of children, young people and adults is found below.

 

15. Disclosure

 Where a child or vulnerable adult discloses alleged abuse, the person receiving that information is advised to:

1. Discuss your concerns as quickly as possible (and in any event within 24 hours) with your supervisor or your safeguarding lead.
2. Keep detailed documentation of informed consent, any action taken and the outcome of any action or investigation.
3. Document in detail the session in which concerns arose. Do this immediately, if possible, and certainly within 24 hours of the session in which the concerns Be clear to distinguish between fact (for example what you have witnessed yourself), reported information (for example, what your patient has told you) and your opinion.
4. Record all subsequent discussions and decisions regarding the case clearly, and each entry should be dated.

If you are suspicious that the parents/ carer / other may be the person alleged to cause harm or you believe that the parent/carer/ other may not be able to respond appropriately to the situation, speaking to them regarding the matter might place the child, young person or adult of risk of harm at greater risk. You should report the suspicion to your supervisor or safeguarding lead. Advice must be sought with respect to consulting those with parental responsibility.

Disclosure about a child at risk.

A referral to Children’s Social Care should always be made in the following circumstances:

• A child at risk of serious injury or harm that may lead to (death).
• Risk or injury to a child as a result of an adult’s aggressive or dangerous
• A child is being neglected physically or
• A child is at risk of/known to be a victim of sexual abuse, sexual/criminal exploitation, radicalisation or modern slavery.
• A child is living in a household where there is domestic abuse, forced marriage or ‘honour- based violence’ or is a victim/potential victim of these.
• A child being involved in the adult’s delusional state or compulsive
• A child is at risk of female genital mutilation (FGM) or is a victim of

Disclosure about an adult at risk

The following factors need to be considered before raising concern:

• What the adult at risk wants to happen and their ability to Safeguarding procedures should not normally be used without the adult’s knowledge and consent.
• Additional vulnerabilities of the person at risk (e.g., mental capacity, concurrent physical illness, lack of social network) and the impact of the alleged abuse on
• Nature and extent of the abuse or
• Risk that harm could result if no action was
• Illegality of the act or Is there a vital or public interest in intervening?
• Risks of repeated or increasingly serious acts of abuse or neglect involving this or other adults or children.

If any information is shared with a safeguarding team members and trainees need to follow the requirements of the GDPR guidance in the UK.

 

16. Safeguarding Training

AJA members and candidates are responsible for updating their safeguarding training as required by their registering body.

 

17. Where can I find more information?

The NSPCC website provides advice on keeping children safe. Go to www.nspcc.org.uk.

www.education.gov.uk/childrenandyoungpeople/safeguardingchildren is the link to the Government website that provides information on the legislation and the wider issues of child welfare.

https://www.ihasco.co.uk/blog/entry/2508/what-is-the-childrens-act-2004

https://www.gov.uk/government/publications/working-together-to-safeguard-children–2

https://www.legislation.gov.uk/ukpga/2014/6/contents/enacted

Making Safeguarding Personal is about ensuring an outcome focus and person led approach to safeguarding adults. Further information on Making Safeguarding Personal is available at https://www.adass.org.uk/AdassMedia/stories/making%20safeguarding%20personal.pdf

AJA promotes and develops safe, ethical and competent analytic practice in line with the safeguarding principles of the United Kingdom Council for Psychotherapy and the British Psychoanalytic Council. The UKCP Protocol and the BPC Policy guidance are available on the following links:

UKCP

https://www.psychotherapy.org.uk/ukcp-members/standards-guidance-and-policies/

BPC

https://www.bpc.org.uk/?s=Safeguarding+Policy

 

APPENDIX ONE

 

TYPE OF ABUSE	DESCRIPTION OR SUPPORTING GUIDANCE
Cuckooing	Cuckooing is a form of crime in which drug dealers take over the home of a vulnerable person in order to use it as a base for drug dealing. Criminals are very selective about who they target as ‘cuckoo’ victims and once they gain control, gangs move in with the risk of domestic abuse, sexual exploitation and violence.
Disability Hate Crime	The Criminal Justice System defines a disability hate crime as any criminal offence, which is perceived, by the victim or any other person, to be motivated by hostility or prejudice based on a person’s disability or perceived disability. The Police monitor five strands of hate crime, Disability; Race; Religion; Sexual orientation; Transgender.
Discriminatory abuse	Discrimination on the grounds of race, faith or religion, age, disability, gender, sexual orientation and political views, along with racist, sexist, homophobic or ageist comments or jokes, or comments and jokes based on a person’s disability or any other form of harassment, slur or similar treatment. Excluding a person from activities on the basis they are ‘not liked’ is also discriminatory abuse
Domestic abuse	Domestic Abuse is defined as ‘any incident or pattern of incidents 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 gender or sexuality. This can encompass, but is not limited to, psychological, physical, sexual, financial and/or emotional abuse. Coercive control a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim. This controlling behaviour is: a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour.’ (Source Home Office 2013 & Women’s Aid 2020) The Domestic Abuse Act (2021) aims to raise awareness and understanding of domestic abuse and its impact on victims and their families, and seeks to improve the effectiveness of the legal system in bringing perpetrators to justice whilst strengthening the support for victims by statutory agencies.
Female genital mutilation (FGM)	Involves procedures that intentionally alter or injure female genital organs for non-medical reasons. The procedure has no health benefits for girls and women. The Female Genital Mutilation Act (2003) makes it illegal to practise FGM in the UK or to take girls who are British nationals or permanent residents of the UK abroad for FGM whether or not it is lawful in another country.
Financial or material abuse	Theft, fraud, internet scamming, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.

 

Forced marriage	A forced marriage is where one or both people do not or cannot consent to the marriage and pressure or abuse is used to force them into the marriage. Forced marriage is illegal in the UK. It is a form of domestic abuse and a serious abuse of human rights
Hate Crime	The police define Hate Crime as ‘any incident that is perceived by the victim, or any other person, to be racist, homophobic, transphobic or due to a person’s religion, belief, gender identity or disability’. It should be noted that this definition is based on the perception of the victim or anyone else and is not reliant on evidence. In addition, it includes incidents that do not constitute a criminal offence.
Honour-based violence	Will usually be a criminal offence, and referring to the police must always be considered. It has or may have been committed when families feel that dishonour has been brought to them. Women are predominantly (but not exclusively) the victims and the violence is often committed with a degree of collusion from family members and/or the community. Some of these victims will contact the police or other organisations. However, many others are so isolated and controlled that they are unable to seek help. Adult safeguarding concerns that may indicate honour-based violence include domestic violence, concerns about forced marriage, enforced house arrest and missing person’s reports. If an adult safeguarding concern is raised, and there is a suspicion that the adult is the victim of honour-based violence, referring to the police must always be considered as they have the necessary expertise to manage the risk.
Human trafficking	Human Trafficking is the recruitment, transportation, transfer, harbouring or receipt of people through force, fraud or deception, with the aim of exploiting them for profit. Men, women and children of all ages and from all backgrounds can become victims of this crime, which occurs in every region of the world. People don’t have to be transported across borders for trafficking to take place. In fact, transporting or moving the victim doesn’t define trafficking – it can take place within a single country, or even within a single community. People can be trafficked and exploited in many forms, including being forced into sexual exploitation, labour, begging, crime (such as growing cannabis or dealing drugs), domestic servitude, marriage or organ removal.
Inappropriate Restraint	Unlawful or inappropriate use of restraint or physical interventions. In extreme circumstances unlawful or inappropriate use of restraint may constitute a criminal offence (Assault, Actual Bodily Harm or Grievous Bodily Harm). Someone is using restraint if they use force, or threaten to use force, to make someone do something they are resisting, or where an adult’s freedom of movement is restricted, whether they are resisting or not. Restraint covers a wide range of actions. It includes the use of active or passive means to ensure that the person concerned does something, or does not do something they want to do, for example, the use of key pads to prevent people from going where they want from a closed environment.

 

Mate Crime	A ‘mate crime’ as defined by the Safety Net Project is ‘when vulnerable people are befriended by members of the community who go on to exploit and take advantage of them. It may not be an illegal act but still has a negative effect on the individual.’ Mate crime is often difficult for police to investigate, due to its sometimes-ambiguous nature, but should be reported to the police who will decide about whether or not a criminal offence has been committed. Mate Crime is carried out by someone the adult knows and often happens in private.
Modern slavery	Slavery, servitude and forced or compulsory labour. A person commits an offence if: ·      The person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or ·      The person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour. There are many different characteristics that distinguish slavery from other human rights violations, however only one needs to be present for slavery to exist. Someone is in slavery if they are: ·         Forced to work – through mental or physical threat; ·         Owned or controlled by an ’employer’, usually through mental or physical abuse or the threat of abuse; ·         Dehumanised, treated as a commodity or bought and sold as ‘property’; ·         Physically constrained or has restrictions placed on his/her freedom of movement. Contemporary slavery takes various forms and affects people of all ages, gender and races. Adults who are enslaved are not always subject to human trafficking. Recent court cases have found homeless adults, promised paid work opportunities enslaved and forced to work and live in dehumanised conditions, and adults with a learning difficulty restricted in their movements and threatened to hand over their finances and work for no gains. From 1 November 2015, specified public authorities have a duty to notify the Secretary of State of any individual identified in England and Wales as a suspected victim of slavery or human trafficking, under Section 52 of the Modern Slavery Act 2015.
Neglect and acts of omission	Ignoring medical, emotional or physical care needs, failure to provide access to appropriate health, social care or educational services, and the withholding of the necessities of life such as medication, adequate nutrition and heating. Neglect also includes a failure to intervene in situations that are dangerous to the person concerned or to others, particularly when the person lacks the mental capacity to assess risk for themselves.
Organisational abuse	Is the mistreatment, abuse or neglect of an adult by a regime or individuals in a setting or service where the adult lives or that they use. Such abuse violates the person’s dignity and represents a lack of respect for their human rights.
Physical abuse	Assault, hitting, slapping, pushing, misuse of medication, inappropriate restraint or inappropriate physical sanctions.

 

 

Psychological abuse	Emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, cyber bullying, isolation or unreasonable and unjustified withdrawal of services or supportive networks.
Scamming	Scams are designed to cheat someone out of their money or obtain personal details for illegal purposes. The impact of financial scams cannot be measured by monetary loss alone – they can cause permanent damage to a person’s quality of life and has led to suicide in some cases. This includes doorstep crime and internet, postal and telephone scams. Scammers can make their requests for money look genuinely from legitimate organisations; they use pressure tactics, scare-mongering or offer friendship and love to lonely, isolated people.
Self-Neglect and Hoarding	Self-neglect is an extreme lack of self-care. It is sometimes associated with hoarding and may be a result of other issues such as bereavement, loss or addiction. Self-neglect can be caused by mental or physical illness that has an effect on the person’s physical abilities, energy levels, attention, organisational skills, or motivation. Hoarding is a serious concern to communities and to individuals, causing distress to the individual and those around them and putting both at risk of fire, falls, infection and infestation. Most areas have a Multi-Agency Self Neglect and Hoarding Procedures and Guidance.
Sexual abuse	Rape, indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to pornography or witnessing sexual acts, indecent exposure and sexual assault or sexual acts to which the adult has not consented or was pressured into consenting.
Sexual exploitation	Involves exploitative situations, contexts and relationships where adults at risk (or a third person or persons) receive ‘something’ (e.g. food, accommodation, drugs, alcohol, cigarettes, affection, gifts, money) as a result of them performing, and/or another or others performing on them, sexual activities. It affects men as well as women. People who are sexually exploited do not always perceive that they are being exploited. In all cases those exploiting the adult have power over them by virtue of their age, gender, intellect, physical strength, and/or economic or other resources. There is a distinct inequality in the relationship. Signs to look out for are not being able to speak to the adult alone, observation of the adult seeking approval from the exploiter to respond and the person exploiting the adult answering for them and making decisions without consulting them.
Think Family	Think Family means securing better outcomes for children, young people and families with additional needs by co-ordinating the support they receive from children’s, young people’s, adults’ and family services.

 

 

Virginity Testing

Virginity tests are considered a violation of human rights by the World Health Organization (WHO) and United Nations (UN). A UN statement in 2018 called for the tests to be banned globally, and the WHO has also called for them to be made illegal. According to a 2020 BBC investigation, there are 21 clinics in the UK who offer ‘virginity testing’ for around £150 and £300, and 22 clinics offering ‘virginity repair’ surgeries (also known as hymenoplasty or hymen repair) for up to £3,000. Data from NHS England shows 69 hymen repair procedures have been carried out in the UK in the past five years. Campaigners argue that these harmful practices are not only abuse and a form of patriarchal control over women and girls, but that they are also dangerous and can ultimately result in so-called “honour” killing.