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Driver and Passenger Assistant Contracts Protocol

Mandatory requirements for all Drivers and Passenger Assistants

Peoples Directorate Travel and Transport Team

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Index Page no.

1. Purpose of this document 4

2. Mandatory requirements for all drivers & passenger assistants 4-9

2.1 Passenger Assistant Training scheme (PATs)

2.2 First Aid

2.3 Disclosure and Barring Service (DBS)

2.4 Ability to communicate and read fluently in English

2.5 Satisfactory references

2.6 Identification badge

2.7 Smoking policy

2.8 Equal opportunities

2.9 Use of mobile phones

2.10 Health & Safety

2.11 Application form for drivers and passenger assistants

2.12 Disability Discrimination Act training

2.13 Reflective vests

2.14 Suspending a driver or passenger assistant

2.15 Appropriate clothing

3. Duties and responsibilities of drivers and passenger assistants 10-11

4. Accidents 11

5. Breakdowns 12

6. Cancellation and inclement weather 12

7. Complaints procedure 12

8. Motor vehicles 13

9. Seatbelts and restraints 13-15

Child car sets

Child seat harness

10. Wheel chair passenger restraints 13-15

11. Children (Pupils)s and Adults 16

12. Behaviour management 16-19

13. Route requirements 19

14. Quality control and monitoring 19

15. Policy on transporting children and adults who become unwell and action 19 - 20

to be carried out in a medical emergency

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16. What to do after the passenger’s arrival/departure 20

17. Safeguarding Policy for Children and Adults 21-40

18. Risk Assessment 40

Appendix: Page no.

1. Specimen letter 41

2. Code of Conduct for all staff in relation to safeguarding matters 42

3. Listening to children and adults 43

4. Example log sheet 44 - 45

5. Individual health – Care plan for a passenger with medical needs 46 - 47

Individual health – Care plan for a passenger with medical needs

Driver and Passenger Assistant emergency action plan

6. Useful sign language 48

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1. Purpose of this document

1.1 The Peoples Directorate Travel and Transport Team are responsible for the planning and organisation of

transport for school, alternative provision, Children’s Social Care and Adult Social Care in accordance with

the Peoples Directorate of Transport Policy. The arrangements set out in this document are to ensure that

the welfare of the child, young person or adult is of paramount importance and in such a way to maximise

the efficiency and cost-effectiveness of the service provision.

1.2 The procedures and processes are required by the employers (contractor) in accordance with the terms

of their contract. Also included are the Policies, Processes and Guidelines for all employees (including

drivers and passenger assistants) in relation to the transportation of children, young people and adults.

1.3 This protocol intended to give clear guidance on the mandatory requirements for Drivers and Passenger

Assistants, in accordance with the Peoples Directorate Travel and Transport Team Policy, and the Terms

and Conditions as prescribed in the employers (contractor) contract.

2. Mandatory requirements for all Drivers and Passenger Assistants

2.1 Passenger Assistant Training scheme (PATs)

PATs accreditation is compulsory for all drivers and passenger assistants.

PATs has been developed from the Minibus Drivers Awareness Scheme (MIDAS). MIDAS is a nationally

accredited training programme for minibus drivers. Both PATs and MIDAS training aims to give skills and

awareness around passenger safety and to improve safety standards for people who need assistance, care

and supervision whilst on the move.

PATs is for anyone who has care or supervision of passengers when travelling by road, whether as a non-

driver passenger assistant or as a driver with passenger assistant responsibilities.

Passenger Assistants work on various types of vehicles, depending on the needs of their passengers. The

PATs programme is relevant for Passenger Assistants working in cars, minicabs, taxis, minibuses, large

buses and coaches.

The course covers:

1. B1 - Passenger Awareness & Assistant 2. B2 – Assisting Passengers who travel in wheelchairs 3. C1- Supervising Children & Young People with Special Needs 4. C2 – Working with Adults Who Require Care & Supervision

2.2 First Aid

First Aid accreditation is compulsory for all drivers and passenger assistants.

Drivers and Passenger Assistants that can provide appropriate, in date, evidence from a recognised First

Aid training provider will be exempt from undertaking the Peoples Directorate designated course.

The contents of the course provided by the Peoples Directorate will consist of:

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Introduction

Identification of learning needs

The role of the Appointed person

Emergency Aid (what is it?)

Primary survey of a casualty

Recovery Position

Rescue Breathing

Cardiopulmonary Resuscitation (CPR)

Secondary survey

Examination of an unconscious casualty

Choking

Recognition and treatment of minor and major bleeding

Recognition and treatment of medical shock

Duties of an appointed person

Emergency communication

Contents and use of a workplace first aid kit

Child Protection - Foundation Level 1, Including ‘Workshop to Raise Awareness about Prevent – Drivers

and Passenger Assistants

(Renewal every three years)

This course introduced in January 2008 and is mandatory for all staff that has direct or indirect

responsibilities for safeguarding children and particularly those staff who must be aware of and use the

Dudley Safeguarding Children’s Board Child Protection Procedures in their work. The course also has an

additional element covering "Position of Trust". Dudley MBC Children’s Safeguarding Board and the Peoples

Directorate Travel and Transport Team deliver this course jointly. This training must be completed prior to

any commencement of transport routes.

Adult Safeguarding – Online – Drivers and Passenger Assistants

It is a mandatory requirement for all staff with direct or indirect responsibility for safeguarding adults to

undertake the on-line Safeguarding Adults training course. Dudley MBC Safeguarding Adults Board provides

the course. All drivers and passenger assistants working with adults will be required to attend a course

organised by Peoples Directorate. The training must be completed prior to any commencements of being

authorised/ prior to any commencement of transport routes.

Workshop to Raise Awareness about Prevent

Prevent is safeguarding to stop people supporting or becoming actively involved in terrorism

The threat we face from extremism

Why some people are vulnerable to extremism and what that vulnerability looks like

How people can be exploited by radicalizers

How safeguarding support can be accessed if you are concerned about somebody

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Additional Training as and when required

Drivers and Passenger Assistants may be required to undertake additional training based on the

medical/behavioural requirements of an individual passenger who needs transport. The training will

normally be tailored to the needs of an individual passenger but may be of a generic nature in some cases.

The Travel and Transport Team is committed to supporting contractors with continued training and

development, which will aim to improve the quality of service delivery and meet the needs of vulnerable

passengers. To achieve these aims, bespoke training courses will be designed and commissioned specifically

for drivers and passenger assistants as required.

For example:

Epi Pen training - Auto-Injector is a prescribed treatment for those with a history of anaphylaxis. Epi Pen Auto-Injector helps stop allergic reactions fast.

Total Communication training for staff who provide a service to passengers with communication difficulties e.g. sign language skills (Makaton), Lip Reading.

Dementia awareness

Learning Disability awareness

Manual Handling course for designated provisions

This is a list of examples of bespoke training, but is not exhaustive. Other courses will be designed as and

when necessary.

Additional training for Drivers and Passenger Assistants working with Vulnerable Adults

Driver and Passengers Assistants will be required to undertake additional training as required/directed by

the People Directorate i.e. Adult Safeguarding, Dementia Awareness, Learning Disability Awareness etc.

2.3 Disclosure and Barring Service – (DBS)

It is a requirement that all Drivers and Passenger Assistants engaged in the provision of children’s and

adults Travel and Transport Service agree to the undertaking of DBS checks. This ensures that the person

does not have criminal convictions or cautions which might indicate they are unsuitable to work with

children or vulnerable adults.

Drivers can obtain a DBS check by way of an online form with the Travel and Transport Team, strictly by

prior appointment made through the Contractor. Alternatively, a previously obtained DBS certificate

completed through the DMBC Taxi Licensing department, or a DBS certificate that is no more than 3

months old and has DMBC, as the registered body is acceptable. Passenger Assistants can obtain DBS

checks by way of an online form with the Travel and Transport Team as above, or show a DBS certificate

that is no more than 3 months old and has DMBC as the registered body.

If at any time during the term of the contract any information provided in the disclosure certificate

changes, (including any additional information concerning matters occurring after, or coming to light after

submission of the disclosure certificate) the Peoples Directorate Travel and Transport Team MUST be

notified immediately and may, by notice in writing and phone call, require the individual concerned to be

removed from the provisions of service with immediate effect. The Peoples Directorate Identification

Badge must be returned to the Transport Manager at the Travel and Transport Team in accordance with

the terms of contract (see Section 2.6 Identification Badge).

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2.4 Ability to read and to communicate in fluent English

All Drivers and Passenger Assistants must be able to evidence the ability to read and speak fluent English

for communicating both verbally and orally with children, young people and adults and to understand and

follow written instructions, i.e., Individual Action Plans, log sheets, etc.

2.5 Satisfactory References

The Driver or Passenger Assistant must provide to the Contractor two satisfactory references, which show

their suitability to undertake work of this nature. The Peoples Directorate may request to view references

and they must be made available for inspection on demand, in accordance with the terms of the contract.

2.6

Identification badge

The Contractor will ensure that all Drivers and Passenger Assistants wear an official Peoples Directorate

identity badge in a conspicuous place at all times when transporting passengers. It is not sufficient for the

badge to be carried in a coat pocket or bag; spot checks will be carried out throughout the contract period.

Passengers will not be released to the supervision of a Driver or Passenger Assistant who is not wearing

an appropriate identity badge. If this does occur, payment will be withheld for that occurrence.

The identification badge remains the property of the Peoples Directorate. The Contractor is responsible

for returning it immediately upon termination of employment or as otherwise instructed by the Transport

Manager, Travel and Transport Team.

The Peoples Directorate has a policy of ‘no badge – no release’. Contractors are required to ensure

that all Drivers and Passenger Assistants adhere to this on all journeys; otherwise parents, carers and

professionals will not hand over supervision of the passenger.

* Drivers and Passenger Assistant employed on Adult Services contracted routes will be identified by a

different coloured ID badge; use of drivers and passengers assistants with only Children Services badge

will be prohibited.

2.7 Smoking

Smoking is absolutely prohibited on any part of a journey undertaken as part of this contract; this includes

waiting times at collection points.

A quick guide to the smoke free law:

The law introduced to protect employees and the public from the harmful effects of second-hand smoke.

Specifically relating to this contract:

Public transport and work vehicles used by more than one person are smoke free.

No smoking signs must be displayed in all smoke free premises and vehicles.

Managers of smoke free premises and vehicles will have legal responsibilities to prevent

people from smoking.

Penalties and fines for breaking the smoke free law

If you do not comply with the smoke free law, you will be committing a criminal offence and may be subject

to fixed penalty notices and/or a fine.

Local Councils are responsible for enforcing the law in England.

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2.8 Equal Opportunities

Without prejudice, the Contractor shall at all times observe a policy of equal opportunities in employment

and in relation to the provision of goods and services and facilities. This is regardless of sex, marital status,

sexual orientation, age or disability and shall in all respects comply with the requirements of the Sex

Discrimination Act 1975, the Equal Pay Act 1970 and the Disability Discrimination Act 1995 or statutory

modifications or re-enactment.

The Race Relations (Amendment) Act 2000

The Race Relations (Amendment) Act 2000 came into force in April 2001, as part of the move to a more

inclusive society. The Act has significant implications for educational bodies:

The Act makes it unlawful for any person or body whose work consists of carrying out functions of a public

nature to discriminate on racial grounds. This covers all the functions of schools and Local Education

Authorities. It also applies to organisations when they are carrying out public functions on behalf of a

Local Authority.

Race Discrimination claims against educational bodies can now be brought directly to a public court.

Previously, a two-month period of notification to the Secretary of State was necessary.

The 1976 Act placed a general duty on public authorities to work towards the elimination of unlawful

discrimination. The new general duty also requires them to promote equality of opportunity and good

relations between people of different racial groups. This is a positive duty, requiring public authorities to

seek to avoid unlawful discrimination before it occurs.

The 2000 Act allows the Commission for Racial Equality (CRE) to issue a Statutory Code of Practice for

educational bodies. The Code provides practical guidance on how to fulfil both the general and specific

duties to promote race equality. The Code is admissible as evidence in court in respect of a claim brought

under the Act or an Order imposed under the Act to promote race equality.

2.9 Use of mobile phones

Penalty

Use of a hand-held mobile phone by a driver whilst driving is strictly prohibited by law. Any breach of the

law may result in a fine and penalty points on a driving licence. Penalties become more sever with

repeated breaches of the law.

If you are an employer, you can be prosecuted if you require employees to make or receive mobile calls

while driving. It is an offence to cause or permit the use of a hand-held mobile phone when driving. It is

also an offence to cause or permit a driver not to have proper control of a vehicle.

Callers also play an important role in keeping the roads safe. If the person you are speaking to is driving,

terminate the call.

You can get 6 penalty points and a £200 fine if you use a hand-held phone when driving. You will also lose your license if you passed your driving test in the last 2 years.

You can get 3 penalty points if you don’t have a full view of the road and traffic ahead or proper control of the vehicle.

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You can also be taken to court where you can:

be banned from driving or riding get a maximum fine of £1,000 (£2,500 if you’re driving a lorry or bus)

Are there any exceptions? Yes there are:

A driver may call 999 or 112 in response to a genuine emergency.

Two-way radios are not covered by this offence but other devices for sending or receiving data are

included if they are held while driving, i.e., a PDA, Blackberry, or similar device.

2.10

Health & Safety

The Services carried out by the Contractor under this contract shall comply with the provisions of the

Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999 and

the Provision and Use of Work Equipment Regulations 1998.

All other Health and Safety assessment required by specific regulations and codes of practice relating to

your business must also be strictly applied.

The Contractors are required to have monitoring, inspection and review arrangements in place to meet

their responsibilities, and may be required to show representatives of the Council documentation to

prove that procedures have been carried out in accordance with the regulations.

2.11 Application form to become a Driver and / or Passenger Assistant

It is a requirement that all Drivers and/or Passenger Assistants engaged in the provision of the Children’s

and Adults transportation contract MUST submit an application form prior to undertaking work for

children’s and/or adults services. The applicant must complete all the fields in the form and sign the

declaration. The Contractor MUST also sign confirming that the company employs the applicant.

If at any time during the term of the contract, any of the information provided in the application form

changes the Peoples Directorate Travel and Transport Team must be notified immediately.

2.12 Disability Discrimination Act training

The Dudley Licensing Disability Discrimination Awareness accreditation course is compulsory for all

drivers employed on Children’s and Adults Services contract.

Passenger Assistants receive Disability Discrimination Act training as part of the Passenger Assistant

Training Course (see Section 2.1 above).

2.13 Reflective Vests

The service provider shall provide lightweight yellow high visibility vests for all Passenger Assistants

employed on routes. The Passenger Assistant will wear the vest prior to the collection of passengers and

for the duration of the journey.

Drivers with Passenger Assistant responsibilities must also be issued with a lightweight yellow high

visibility vest.

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On occasion, it may be deemed inappropriate for staff to wear a high visibility vest due to individual

passenger’s needs. When this is the case, details will be contained within the passenger risk

assessment/support plan/care plan and the Travel and Transport Team or social work professional will

provide information to the Contractor.

2.14 Suspending a Driver or Passenger Assistant

Without prejudice to any other right or remedy available under the condition, the Peoples Directorate

may require the removal of any person from the provision of the service for any reason (whether or not

the reason has been brought to the attention of the Peoples Directorate by the Contractor).

2.15 Appropriate Clothing

Employees’ should dress in ways, which are appropriate to their role, and this may need to be different to

how they dress when not at work. Employees who work with children, young people or adults should

ensure they take care to dress appropriately for the tasks and the work they undertake. Those who dress

in a manner, which could be considered as inappropriate, could place themselves vulnerable to criticism

and allegations.

This means wearing clothing which:

Is appropriate to the role

Is not likely to be viewed as offensive, revealing or sexually provocative

Does not distract, cause embarrassment or give rise to misunderstanding

Is absent of any political or otherwise contentious slogans

Is not considered to be discriminatory and is culturally sensitive

Suitable footwear , fit for the purpose of the job

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3. Duties and responsibilities of Drivers and Passenger Assistants

3.1 The Contractor shall provide drivers who have:

i) All the necessary licenses to drive the vehicle under the Contract

ii) Completed all of the mandatory training requirements as outlined in the Contract and this

Protocol

iii) Drivers must be trustworthy, skilled and suitably experienced to undertake the task. No

unauthorised person will be allowed to drive or be transported in the vehicle. The Driver must be

a responsible person who can show patience and an understanding of the needs of the passenger.

It is important that this work is carried out consistently by the same Driver and where applicable

the same Passenger Assistant, and that these are not changed on a regular basis, which might

cause disruption and uncertainty amongst the passengers.

3.2 The Driver or Passenger Assistant may be required to assist the passenger with the boarding or leaving of

the vehicle, the Contractor is therefore required to provide a copy of their procedures for this duty to the

Council.

3.3 The Contractor must issue clear written instructions to each Driver, which shall state the duties and

requirements of the Driver as set out below:

a) To ensure that all passengers remain seated and wear a seat belt whilst the vehicle is moving.

b) To notify the Peoples Directorate Travel and Transport Team as soon as possible if a passenger is not

available for transportation.

c) Whilst undertaking this contract the Driver shall wear, in a conspicuous place, any Passenger Carrying

Vehicle (PCV) driver’s badge, Hackney Carriage driver identification badge or Private Hire driver

identification badge issued to them, as well as the Peoples Directorate Travel and Transport Team

identification badge. The adult’s transportation identification badge will be a different colour to the

children’s transportation identification badge and the correct one must be worn.

d) The Driver will be responsible for the security of all doors and windows. Child locks must be used

when transporting children.

e) When an adult passenger is being transported, the principles of least restrictive practice must be

applied and child locks on doors must only be locked if the instruction is contained in the individual

passenger risk assessment/support plan/care plan.

f) To pick up and drop off passengers at the locations and times stated.

g) The Driver shall not use the vehicle horn to notify the passenger that the vehicle has arrived, but shall

knock the door unless otherwise agreed.

h) Where the route involves the pickup of passengers from home they should be ready and waiting when

the vehicle arrives and Drivers should not, except where otherwise instructed or in occasional

exceptional circumstances, wait for a longer period than three minutes outside a pupil’s home or

collection point. During ‘waiting times’ fuel emissions must be at a minimum and consideration should

be given to the local environment.

i) Where the route involves the pick up or drop of adult passengers there may be a requirement to assist

passengers to exit or enter their residence to and from the vehicle. The time taken to do this will

vary according to individual needs and Drivers must make appropriate adjustments to the times of

journeys. Instructions will be contained within individual adult passenger risk assessment/support

plan/care plan.

j) To ensure, as far as possible, that the vehicle is parked in such a way so that passengers do not have

to cross-busy roads when walking to and from the vehicle.

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k) To ensure that passengers dismount from the vehicle in a safe manoeuvre and to a safe place e.g.

pavement, driveway, and pedestrian safe area.

l) Drivers must be courteous and respectful towards the passengers , must be smart in appearance, and

dressed appropriately (Safeguarding Policy refers)

m) Drivers must not enquire into the circumstances of any passenger. (‘Advice for Parents, Carers and

Pupils Protocol’ and Safeguarding Policies refers)

3.4 Where stated, the Contractor may also be required to provide a mature and responsible person (a

Passenger Assistant) to supervise the passengers. Duties of the Passenger Assistant will be:

a) To ensure the reasonable behaviour of the passengers whilst in transit, entering and departing the

vehicle. Cases of disorderly or unruly conduct or where a passenger’s disposition is of concern to the

Passenger Assistant or Driver. Must be reported to the head teacher of the school or to the social care

professional at the adult day centre at the first opportunity.

b) To be responsible for collecting passengers from the designated assembly and departure points and

for returning them to designated points.

c) To be responsible for passengers boarding and leaving the vehicle. The Passenger Assistant however,

is not to escort passengers across the road (unless otherwise requested), since this would involve

reduced supervision of passengers remaining in the vehicle. Where Passenger Assistants are required

to assist a passenger to the door of the premises, the Passenger Assistant shall ensure that the Driver

supervises any passengers remaining in the vehicle during the Passenger Assistant’s absence.

d) Childrens’ Transport: The Passenger assistant will ensure that passengers are not left unattended, if

a parent or guardian is not at the designated setting down point in the afternoon, unless the parent,

guardian has previously notified the Peoples Directorate Travel and Transport Team that a passenger

may walk home from the designated point unattended. Pupils should not be left with anyone other

than the parent or guardian. If this is not possible the Peoples Directorate Travel and Transport Team

must be telephoned immediately on 01384 814301 and instructions obtained.

e) Adult Transport: The Passenger assistant will ensure that passengers are not left unattended, if a

carer, social care professional is not at the designated setting down point. If this is not possible

Peoples Directorate Travel and Transport Team must be telephoned immediately on 01384 814301

and instructions obtained.

f) Adult passengers must not be left with anyone other than the carer or social care professional UNLESS

the adult passenger is being returned to their own place of residence where it may be required that

the person is assisted into their home. Instructions will be given regarding individual adult passenger

needs in their risk assessment, support plan or care plan. . If any issues arise the Peoples Directorate

Travel and Transport Team must be telephoned immediately on 01384 814301 and instructions

obtained.

g) To ensure that passengers travel safely and that suitable seatbelts or restraints are used correctly at

all times.

h) To implement any instruction given by Peoples Directorate representatives, school staff or social care

professionals and to take appropriate action if a passenger pupil is taken ill during the journey.

i) To be familiar with all relevant instructions distributed to parents, guardians, carers, social care

professionals and pay particular attention to punctuality, dinner money, equipment and medication

to be carried etc.

j) To ensure that no one is allowed to smoke, including the Driver and Passenger Assistant.

k) Passenger Assistants must join the vehicle at or before the first pick-up point and remain with the

vehicle until the last passenger has disembarked.

l) To ensure unobstructed access to all passengers at all times.

m) To be able to communicate with passengers in fluent English.

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n) To be able to read English to follow written instructions in risk assessments, care plans and support

plans.

o) To assist where required passengers entering or leaving the vehicle.

p) To undertake any duties reasonably expected of a Passenger Assistant that may arise from time to

time to ensure the safety and welfare of passengers.

q) To be courteous and respectful towards passengers, smart in appearance, and dressed appropriately.

r) Passenger Assistants must not enquire into the circumstances of any passenger.

3.5 Where a Passenger Assistant is not in attendance the Driver shall carry out the responsibilities of the

Passenger Assistant. This clause shall in no way authorise journeys to be carried out without a Passenger

Assistant present where specified.

3.6 Passenger Assistant may be provided by the Peoples Directorate on certain routes, and the Driver shall

follow the reasonable instructions of the Passenger Assistant.

Additional Duties and responsibilities of Drivers and Passenger Assistants working with Vulnerable Adults

3.7 The Contractor will be required to ensure that the drivers and passenger assistants are able to undertake

the additional duties and responsibilities:

a) To ensure the safety of passengers at all times whilst on the vehicle in accordance with the individual

transport risk assessment

b) To adhere strictly to the policy and procedures laid down with regard to the safety of passengers when

leaving or embarking on the vehicle

c) To report to social care professionals, Travel, and Transport Team, any incident which is significant in the

care of an adult passenger whilst on transport?

d) Maintaining a register of all passengers in order to ensure that the correct passengers are carried

e) Taking verbal and written messages between carers and day service staff.

f) Carrying sums of money as required for the passengers normal use.

g) Carrying passengers’ prescribed medication as may be required.

h) Physically fit. Able to assist wheel chair passengers

i) Drivers & Passenger Assistants has a duty to report promptly any concerns or suspicions that an

adult with care and support needs is being, or is at risk of being, abused.

j) Undertake additional training as required/directed by Travel & Transport Team – i.e. Adult Safeguarding,

Dementia Awareness etc.

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4 Accidents

4.1 In the event of any accident while conveying passengers as a part of this service the Peoples Directorate

must be informed immediately after the Driver or Passenger Assistant has attended to the medical needs

of the passenger. Should any passenger sustain an injury, for any reason, whilst on the vehicle a written

report of the incident must be sent to the Peoples Directorate Travel and Transport Team as soon as

possible thereafter and in any event within 24 hours of the incident?

.5 Breakdowns

5.1 If any vehicle breaks down in the course of a journey the Contractor shall, unless otherwise instructed,

substitute another suitable vehicle, at their own expense within one hour of the reported breakdown

to carry passengers to their destination(s). The Peoples Directorate Travel and Transport Team must

be contacted as soon as possible.

6 Cancellation and inclement weather

6.1 Providing the Contractor is given 24 hours’ notice by the Peoples Directorate that transport is not required

(for whatever reason) the Contractor will make no charge.

6.2 In the case of severe inclement weather as defined by the Peoples Directorate it may not be possible to

give the service provider 24 hours’ notice of cancellation or instruction. In such an event, the Contractor

will make no charge to the Peoples Directorate. If however the Contractor is unable to provide the service

due to inclement weather the Peoples Directorate Travel and Transport Team should be contacted as early

as possible. The People Directorate reserves the right, as its own discretion to charge the Contractor any

costs incurred in the provision of alternative arrangements if in the opinion of the Peoples Directorate the

Contractor fails to notify that the service cannot be provided. Such action is without prejudice to the rights

of the Peoples Directorate to terminate the contract for failure to provide the service.

7 Complaints procedure

7.1 The Contractor shall ensure there is a Service Register. The Contractor shall enter into the Register any

complaint or complaints about the service. The Register will be available to the Peoples Directorate Travel

and Transport Team for inspection on request. Any complaint received by the Contractor shall be relayed

to the Peoples Directorate immediately. On receipt of a complaint, the Contractor will be required to

investigate and respond within 7 days to the People Directorate Travel and Transport Team.

8 Motor Vehicles

8.1 All cars provided under the terms of the contract shall be constructed to have at least four doors and shall

be fitted with operational seatbelts for each seat.

8.2 The Contractor shall comply with European Community Directive 76/115, and amending Directives, for

category M1 vehicles (Motor Cars) for Hackney Carriage vehicles that have seats added to the front

luggage compartment.

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8.3 Minibuses / Coaches

The Contractor shall make sure that the standards for seat and seat belts installations comply with the

recommendations made by the Department of Transport, namely the requirements of European

Community Directive 76/115, and amended Directives, for category M2 Vehicles (Minibuses) as a

minimum requirement for minibus type and van conversion vehicles.

The Contractor shall comply with the “Advice to Users and Operators of Minibuses and Coaches Carrying

Children” (VSE1/96) and “Advice on Retro-fitting Seatbelts to Minibuses and Coaches” (VSE2/96): issued

by the Department of Transport and any subsequence advice.

It must be noted that these conditions similarly apply to purpose built ambulances.

9 Seatbelts and restraints

9.1 The Contractor must ensure that at all times, there must be a suitable restraint or seatbelt for each

passenger (and passenger assistant where applicable) transported in the vehicle. Where a young or very

small child is being transported in the vehicle it shall be the responsibility of the contractor to provide

suitable child seats and/or booster cushions as deemed necessary by the Peoples Directorate Travel and

Transport Team.

9.2 The Contractor shall ensure that wherever assessed as necessary, a specialist seat or seatbelts are used

when transporting an adult passenger. Individual requirements will be identified in the passenger risk

assessment, support plan or care plan.

9.3 The Contractor shall ensure that any special seats or restraints purchased by the Contractor for use on any

route which may be offered because of this tender, shall be fitted to a standard designated and approved

in writing by the Council and the British Standard Institute and in accordance with the manufacturer’s

instructions.

9.4 All seatbelts, harnesses, restraints or specialist seatbelts should be securely anchored to the floor or

alternatively to seat anchorage points and all fittings should be strictly in accordance with the

manufacturer’s recommendations. All vehicles must comply with any legislation and licensing conditions

in force.

9.5 Where seatbelts have been retrospectively fitted into vehicles service providers may be required to satisfy

the Council Licensing Officer that the vehicle complies with the requirements specified by the Council. The

Contractor shall provide a certificate from the ‘Converter’ supported by test results, for the type of

installation from an approved agency, such as the Motor Industry Research Association, if deemed

necessary by the Council to confirm the installation has been carried out to the requisite required.

9.6 The Contractor shall comply with “Advice on Retro-fitting Seatbelts to Minibuses and Coaches” (VSE2/96)

issued by the Department of Transport and any such subsequent advice.

10 Wheelchair passenger seatbelts / specialist seat belts/restraints

10.1 The Contractor shall ensure that all passengers in wheelchairs transported in accordance with the advice

given by the Department of Transport in their code of practise (VSE87/1) “The Safety of Passengers in

Wheelchairs on Buses” and any such subsequent advice. Passengers shall not be carried in wheelchairs

facing sideways.

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Adequate wheelchair passenger restraints must be provided to enable wheelchair users to travel safely.

Failure to provide such restraints is extremely dangerous to both wheelchair users and other passenger’s

will not be permitted. An occupied wheelchair must itself be securely held in position using a recognised

wheelchair securing system. The Contractor shall ensure any special seats or harnesses etc. are fitted to

the vehicle and used in the performance of this contract. In addition, any such installations shall be to the

standard designated and approved by the Council or its agents.

The law on child car seats

Cars

The law requires all children travelling in cars to use an appropriate child restraint or adult seat belt, with

very few exceptions that are listed below

It is the driver’s responsibility to ensure that children under the age of 14 years are restrained correctly in

accordance with the law.

Children up to 3 years old

In the front seat:

The child must use the correct child restraint.

It is illegal to carry a child in a rear-facing child seat in the front, which is protected by an active frontal

airbag.

In the rear seat:

The child must use the correct child restraint.

In a licensed taxi or licensed hire car, if a child restraint is not available then the child may travel

unrestrained in the rear. This is the only exception for children under 3, and has been introduced for

practical rather than safety reasons. You should always think about ways to make sure that a child seat is

available.

It is the driver’s legal responsibility to ensure that the child is correctly restrained.

Children aged 3 and above:

Children aged 3 and above, until they reach either their 12th birthday or 135cm in height.

In the front seat:

The child must use the correct child restraint. In the rear seat, the child must use the correct restraint,

where seat belts are fitted.

There are 3 exceptions where there is not a child seat available. In each case, the child must use the adult

belt instead. They are:

1. In a licensed taxi or private hire vehicle; *In the case of journey(s) undertaken for contracts

with Children’s Services, this is as directed by the Transport Team.

2. If the child is travelling on a short distance for reason of unexpected necessity.

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3. If there are 2 occupied child restraints in the rear, which prevent the fitment of a third.

In addition, a child 3 and over may travel unrestrained in the rear seat of a vehicle if seat belts are not

available.

It is the driver’s legal responsibility to ensure that the child is correctly restrained.

Children over 135cm in height, or who are 12 or 13 years old

In the front seat:

The adult seat belt must be worn if available.

In the rear seat:

The adult seat belt must be worn if available.

It is the driver’s legal responsibility to ensure that the child is correctly restrained.

Passengers over 14 years old

When travelling in the front or rear seat, an adult seat belt must be worn if available.

It is the responsibility of the individual passenger to ensure that they are wearing the seat belt.

Other vehicles (vans, buses, coaches, minibuses and goods vehicles)

Other vehicles – front seats:

The law requires children and adults travelling in the front of all vehicles, including vans, buses, coaches,

minibuses and good vehicles to use an appropriate child restraint or adult seat belts.

Other vehicles – rear seats:

Rear seats in small minibuses

Passengers sitting in the rear of minibuses that have an un-laden weight of 2,540kg or less must wear the

seat belts that are provided. It is the driver’s responsibility to ensure that:

Children under 3 years of age use an appropriate child restraint if available.

Children aged between 3 and 11 years, under 135cm tall use an appropriate child restraint if

available, or if not available, wear the seat belt, if available.

Children aged 12 and 13 years (and younger children who are 135cm or taller) use the seat

belt, if available. Passengers over the age of 14 years in smaller minibuses are legally

responsible for wearing a seat belt themselves.

Rear seats in larger minibuses

Passengers over the age of 14 must wear seat belts in the rear of larger minibuses (over 2,540kg un-laden

weight). However, all passengers are strongly advised to wear seat belts or the correct child seat on all

journeys.

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Legal Penalties

If you are convicted of failing to wear a seat belt as a driver or passenger, you could face a fine of up to

£500.

As a driver, if you are convicted of failing to ensure that a child passenger is using an appropriate child

restraint or wearing a seat belt according to the legal requirements described above, you could face a fine

of up to £500.

In addition to the legal penalties, failure to wear a seat belt or failure to ensure that a child passenger uses

an appropriate child restraint or wears a seat belt according to the legal requirements described above,

could affect any claims against your motor insurance cover.

You could also face civil proceedings for damages; if, for example, you failed to safely carry someone else’s

child.

All Adult passengers must wear the adult seat belts or specialist seat belts identified in the individual risk

assessment, support plan, care plan; or have a written copy of medical exemption.

11 Children (Pupils) and Adults

11.1 Passengers may have learning or physical disabilities, mental health needs or dementia or both; and some

may need the use of a wheelchair.

11.2 Only those passengers (and Passenger Assistant if required) authorised by the Peoples Directorate may

travel in the vehicle. Passengers should be at the designated points before the arranged departure times.

The Contractor will provide a Passenger Assistant on vehicles where this is specified. The Contractor will

be responsible for collecting and returning the Passenger Assistant to a mutually convenient point. The

Contractor will ‘checklist’ the passengers at each pick-up and drop-off point.

12 Behaviour Management

What is the best way to manage challenging behaviour?

There has been much research conducted about the most effective way to support children or adults with

conditions that can present challenging behaviour. A flexible and objective approach will be required

because of the diverse range of behaviours encompassed; where the Peoples Directorate will provide

appropriate specific training.

On-the-spot decisions for children:

Even though there may be a programme of support, involving a number of specialists, for a particular child

that you transport, you as a Driver or Passenger Assistant will often be faced with difficult situations and

with the need to make quick decisions when a child presents with challenging and violent behaviour.

We will look at the options available to staff for dealing with challenging behaviour and what form any

response should take.

Specific factors to consider as part of determining the appropriate response to a breach of inappropriate

behaviour include:

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The potential risk to the safety of passengers on the transport and the nature of the incident;

The age ,maturity and individual needs of the passenger ;

Whether the breach is a first occurrence which was successfully resolved, or one of a series

of repeated incidents ; and

The extent to which the behaviour distracted, or represented a risk to the safe delivery of the

service by the Driver or Passenger Assistant.

Category 1 – nuisance and offensive behaviour

First incident

The list is not intended to be exhaustive: irritating, unpleasant or offensive but not dangerous, spitting,

offensive language, eating on the transport (unless for medical reasons).

Action to be taken by Driver or Passenger Assistant

Advise student of inappropriate behaviour

Note student’s name, details of incident and action taken (e.g. on the log sheet and inform

the school) and submit to the Children’s Travel and Transport Team for their records at the

end of the month.

Remind student of consequences of repeated consequences.

May use remedial action on student (e.g. behaviour management tips).

Repeated incident within a 10 school week period

Advise student of inappropriate behaviour.

Note student’s name, details of incident and action taken (e.g. on the log sheet and inform

the school) to retain the information and submit to People Services Directorate Travel and

Transport Team for their records at the end of the month.

Remind student of consequences of repeated offences.

May use remedial action on student (e.g. behaviour management tips).

Consult with the operator and Children’s Service Travel and Transport Team on student’s

behaviour and seek any information relevant to the issue.

Children’s Service Travel and Transport Team to investigate.

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Category 2 – dangerous behaviour

First incident

Where there may be some physical danger to individuals.

This list is not intended to be exhaustive: placing parts of the body outside the vehicle such

as head and limbs, harassing and bullying other passengers, verbally threatening the Driver

or Passenger Assistant, standing on steps, removal of seatbelt whilst the vehicle is moving.

Action to be taken by Driver or Passenger Assistant

Advise student of inappropriate behaviour.

Note student’s name, details of incident and action taken (e.g. on the log sheet and inform

the school) to retain the information and submit to People Services Directorate Travel and

Transport Team for their records at the end of the month.

Remind student of consequences of repeated offences.

May use remedial action on student (e.g. behaviour management tips)

Repeated incident within a 10 school week period

Action as above.

Consults with the operator and Children’s Services Travel and Transport Team on student’s

behaviour and seeks and information relevant to the issue.

Children’s Service Travel and Transport Team to investigate.

Category 3 – very destructive and dangerous behaviour

Very dangerous to individuals or very destructive.

This list is not intended to be exhaustive: fighting other student’s on the transport, slashing

seats, removing equipment from the vehicle, breaking windows, throwing objects that have

the potential to cause harm or damage, physically attacking the Driver, Passenger Assistant

or other passengers, threatening physical harm with a dangerous weapon, lighting fires on

the vehicle.

Action to be taken by Driver or Passenger Assistant

Reports details to Children’s Service Travel and Transport Team immediately.

Takes all reasonable measures to ensure the safety of passengers.

Goes directly to the police station or call the Police on 999 in extreme emergency.

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Note student’s name, details of incident and action taken (e.g. on the log sheet and inform

the school) to retain the information and submit to People Services Directorate Travel and

Transport Team for their records at the end of the month.

May have to allow transport of the student from school to home if the incident occurred in

the morning journey, if the parents or carers cannot be contacted and no alternative travel

arrangements can be made.

Liaises with the Operator and Children’s Service Travel and Transport Team to ensure the

welfare of other students.

Children’s Service Travel and Transport Team to investigate.

Basic Behaviour Management Tips

Be specific – do not assume that the young people know the behaviour you expect, tell

them what is acceptable and what is not.

Notice when they are well behaved – reward behaviour even if only with a smile.

Phrase things positively and avoid sarcasm.

Avoid conflict – remember you are the adult and do not enter into a conversation that could

become a no win argument.

If you propose, action will be taken – do not propose action but then do not take it, as this

will undermine your future authority.

Avoid physical contact, if restraint is called for its needs to be minimal and proportional

Listen to their side of the story before making a judgement.

Speaking in a non-threatening manner, keep boundaries.

May use a remedial action to resolve a situation (e.g. change the passenger seat).

Self-defence and emergencies

Everyone has the right to defend him or herself against a physical attack – provided he or she does not use

a disproportionate degree of force to do so.

Physical intervention

• All have basic right to use reasonable force in self defence • Retaliation and corporal punishment illegal • Physical intervention such as leading by the arm may be required to move a child away from harm. • See www.gov.uk/government/publications/use-of-reasonable-force-in-schools for latest guidance

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What is reasonable force?

• The term ‘reasonable force’ covers the broad range of actions used by most teachers at some point in their career that involve a degree of physical contact with pupils.

• Force is usually used to either control or restrain. This can range from guiding a pupil to safety by the arm through to more extreme circumstances such as breaking up a fight or where a student needs to be restrained to prevent violence or injury.

• ‘Reasonable in the circumstances’ means using no more force than is needed.

When force is used on them?

All complaints about the use of force should be thoroughly, speedily and appropriately investigated.

Where a member of staff has acted within the law – that is, they have used reasonable force in order to prevent injury, damage to property or disorder – this will provide a defence to any criminal prosecution or other civil or public law action.

When a complaint is made, the onus is on the person making the complaint to prove that his/her allegations are true – it is not for the member of staff to show that he/she has acted reasonably.

Behaviour Management for Adults:

Adults due to their individual needs can present challenging behaviour. Appropriate training will be

delivered to manage these behaviours. Individual needs will be detailed in passenger risk assessment,

care plan, support plans.

The Contactor to the social care professional or Travel and Transport Team must report any incident of

concern immediately.

13 Route Requirements

13.1 The Contractor, on request by the Peoples Directorate, shall be responsible for working out amendments

to routes necessitated, as passengers are discharged, new passengers admitted and changes of addresses

for passengers. The Peoples Directorate Travel and Transport Team must be advised within 7 days where

changes to routes may result in an increase in the contract price. Where a planned journey time exceeds

45 minutes, the Contractor shall notify the People Services Directorate Travel and Transport Team. The

shortest lawful route must measure the distance for all journeys, so that distances are kept to an absolute

minimum unless the People Services Directorate Travel and Transport Team agrees in writing to a longer

route. Except in the case of a vehicle accident or break down necessitating the transfer of passengers to

another vehicle, all passengers must be conveyed to and from the specified points by one vehicle only. No

route should be combined with any other without prior written agreement from the People Services

Directorate Travel and Transport Team.

13.2 There may be occasions when transport is required on an ad hoc basis. The Peoples Directorate Travel and

Transport Team will approve routes for these occasions.

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14 Quality control and monitoring

14.1 The Peoples Directorate Travel and Transport Team reserves the right to monitor the effectiveness of the

service including but not limited to spot-checks on vehicles, checking Drivers and Passenger Assistants

performances, ID’s, licenses, monitoring adherence to timetable, route and mileage checks, ensuring back-

up facilities are adequate and speaking to pupils.

14.2 The Peoples Directorate is committed to ensuring the highest possible quality of service delivery from all

its Contractors. To this end, the Travel and Transport Team operates quality assurance procedures. This is

undertaken in the form of an annual parent, guardian, passenger, carer satisfaction survey. This allows for

the continuous monitoring and review of the service delivered to passengers and their parents, guardians,

carers from the Travel and Transport Team and its Contractors. Information collected from the annual

survey(s) will be evaluated and presented in an annual report for the Peoples Directorate.

15 Policy on transporting children who become unwell and action to be carried

out in a medical emergency

15.1 Where a pupil, prior to the journey being undertaken, appears to look un-fit to travel, consideration should

be given, in consultation with the parent or guardian that the pupil does not travel on the transport. The

parent or guardian should then follow their pupil’s school attendance policy on illness or absence.

15.2 Where a pupil has a known medical condition that may affect their wellbeing during a journey the Peoples

Directorate will provide a risk assessment and an action plan. The plan will include the immediate action

to be taken should the pupil display symptoms of the medical condition. Passenger Assistants and Drivers

are NOT authorised to administer medication unless, in exceptional circumstances, on the direction of

Emergency Medical Services. The risk assessment is to be carried and understood by the Passenger

Assistant on all journeys that the pupil undertakes.

15.3 In the event of a passenger who does not have a personal action plan becoming unwell on a journey the

following action is to be carried out:

Journey to the provision

If the passenger becomes unwell during the journey to provision, the Driver or Passenger

Assistant is to divert the route and take the passenger back to the parent or carer. The route

is to resume once the passenger is returned home.

If it is not safe to return the passenger home, the Driver or Passenger Assistant may cut short

the route and proceed straight to the provision. Once a member of staff has taken charge of

the passenger the route is to be continued to bring the remaining passenger to the provision.

Journey from provision

If the passenger becomes unwell on a journey home from school the Driver or Passenger

Assistant is to divert the route and take the passenger direct to the home address. Once the

passenger has been taken home, the route is to be continued to take the remaining

passengers home.

15.4 In the event of a medical emergency the Driver or Passenger Assistant will immediately contact the

Emergency Services on 999 or (mobile) 112 and follow the instructions given.

In all cases where action has been taken the Travel and Transport Office must be informed as soon as it is

safe to do so on 01384 81 6972 / 01384 81 4301.

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15.5 Policy on transporting adults who become unwell and action to be carried

out in a medical emergency

Where a passenger prior to the journey being undertaken, appears to look un-fit to travel, consideration

should be given, in consultation with the passenger, carer, social care professional that the passenger does

not travel on the transport.

Where a passenger has a known medical condition that may affect their wellbeing during a journey the

Peoples Directorate Travel and Transport Team will provide a risk assessment and an action plan. The plan

will include the immediate action to be taken should the passenger display symptoms of the medical

condition. Passenger Assistants and Drivers are NOT authorised to administer medication unless, in

exceptional circumstances, on the direction of Emergency Medical Services. The individual passenger risk

assessment is to be carried and understood by the Passenger Assistant on all journeys that the passenger

undertakes.

In the event a passenger becomes unwell on a journey, the following action is to be carried out:

Journey to day services:

If the passenger becomes unwell during the journey to the day service, the Driver or

Passenger Assistant is to divert the route and take the passenger back to the passenger’s

place of residence. If the passenger lives, alone the Driver or Passenger Assistant must

contact the social care professional and the Travel and Transport Team immediately to

report the incident. The route is to resume once the passenger has been returned home.

If it is not safe to return the passenger home, the Driver or Passenger Assistant may cut short

the route and proceed straight to the day service. Once a member of social care staff has

taken supervision of the passenger, he route is to be resumed to transport the remaining

passengers to day services.

Journey from day’s services

If the passenger becomes unwell on a journey home from day services the Driver or Passenger

Assistant is to divert the route and take the passenger direct to the home address. The

incident must be reported to the social care professional at the day service and the Travel and

Transport Team immediately. Once the passenger has been taken home, the route is to be

continued to take the remaining passengers home.

15.4 In the event of a medical emergency the Driver or Passenger Assistant will immediately contact the

Emergency Services on 999 or (mobile) 112 and follow the instructions given.

In all cases where action has been taken the Travel and Transport Office must be informed as soon as it is

safe to do so on 01384 81 6972 / 01384 81 4301.

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What to do after the passengers’ arrival/departure

1. After all of the passengers have been safely transport to their destinations and supervision passed

to school/day service/their home the driver and passenger assistant will check the vehicle for any

remaining passengers and any medical equipment/medication/personal belongings that may have

been left on the vehicle. When both agree the vehicle is empty, the route can be concluded for the

day and the vehicle move off. However, if any issues arise during this final vehicle check, the Driver

and Passenger Assistant must immediately inform the parent, guardian, school staff, carer, social

care professional who will respond; or will contact the; Travel and Transport Team.

2. The driver has overall responsibility for the vehicle and the safety of any passengers, including the

Passenger Assistant.

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17 Safeguarding Policy

Welcome to Dudley Safeguarding

"If you are worried or concerned about a child, young person or adult, who you think is being abused or neglected - REPORT IT"

Introduction

Local Education Authorities (LEA’s) are required to have a Child Protection Policy in line with Local

Safeguarding Children Board (LSCB) guidance. Dudley LEA has provided guidance to schools and other

establishments through the Child Protection Policy, Procedures and Guidance (School).

Those with a key role to play in the procedures should have undergone training in Child Protection

Procedures. This is likely to be Heads of Service within the Directorate. Such training should be regularly

refreshed.

This information sets out the Policy and Procedures for Child Protection for employees or Contractors to

the Directorate of Children’s Services.

1. The protection of pupils from abuse is the responsibility of all adults in a position of trust on

behalf of the People Services Directorate and the Child Protection Officer should ensure that

Education staff and pupils are aware of how to report concerns of abuse.

2. Contractors to the People Services Directorate must ensure that their employees and any

Sub-Contractors are aware of these procedures to ensure the welfare of pupils and to

report concerns of abuse.

3. Allegations or concerns made by or on behalf of a child should always be taken seriously. An

early contact with the Protection Designated Officer or Co-ordinator, Line Manager, Duty

Social Worker or Safeguarding Support Contact / Officer should be made for advice.

4. All concerns in relation to possible child abuse should be dealt with in accordance with this

policy, procedures and guidance, the Dudley Safeguarding Children Board (DSCB), Child

Protection Procedures and Principles outlines in ‘Working Together to Safeguard Children

Every Day Matters.’

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- Protecting children from maltreatment.

- Preventing impairment of children’s health or development.

- Ensuring that children are growing up in circumstances consistent with the provision of

safe and effective care.

- Taking action to enable all children to have the best life chances.

5. Child protection investigations should be conducted in a way that recognises the

vulnerability of staff, Contractors and their employees, and protects them from mistaken or

false allegations.

6. Investigations will be dealt with quickly, fairly and impartially. The employee or Contractor

should be informed as soon as possible unless this would hinder the investigation.

7. The rights of the child and the employee or Contractor must be considered. However, where

there exists a conflict between the interests of the adult and those of the child, then the

child’s interests must be paramount as required by the Children Act 1989.

8. A contractor or employee must not promise confidentiality to a pupil who makes a

disclosure as the Contractor or employee must inform the Head of the pupil’s school or

other establishment at the earliest opportunity. In responding to a child or young person

who makes disclosures, account must be taken of the age and understanding of the child or

others who may be at risk of significant harm.

9. All contractors and their employees or Sub-Contractors should be provided with a copy of

the ‘Code of Conduct’ and ‘Listening to Children’ see appendix.

10. This Policy, Procedure and Guidelines give the lead role for the management of Child

Protection issues to Heads of Service or establishment in the Directorate of Children’s

Services. A Contractor or his/her employee must inform the Head of Service or establishment

and the Manager of the Travel and Transport Team at the earliest opportunity of any

allegation or disclosure. Where an allegation is against a Head of Service or where a case is

particularly complex or high profile, then ‘Head of Service’ may be replaced by ‘Assistant

Director of Children’s Services’ and ‘Assistant Director’ replaced by ‘Director of Children’s

Services.’

Child Protection Policy

1. The Council and the People Services Directorate are committed to ensuring the highest

levels of safeguarding for the children and young people in their care at all time.

2. The Directorate supports Contractors and their employees and others, by providing this

Child Protection Policy, Procedures and Guidelines, by providing immediate support and

advice on specific cases, and by providing general support and advice.

3. All Contractors will be provided with the relevant up to date Child Protection Information,

and this is to be made readily available to all Drivers and Passenger Assistants.

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I work with children

The Dudley Safeguarding Children Board is responsible for making sure individuals and organisations represented on the board such as the police, fire service; NHS, Dudley Council, voluntary sector organisations, the ambulance service etc. safeguard and promote the welfare of children and young people in Dudley.

The board manages this process by developing and implementing safeguarding policies, offering safeguarding training, promoting campaigns to safeguard children, sharing best practice and making sure lessons are learnt from Serious Case Reviews.

The aim of this is to provide and share information to assist professionals in safeguarding children and young people.

Referrals

The Procedures apply to all children and young people aged 0 to 18 years and unborn children.

They are addressed to all organisations, agencies and individuals who work with children and young people in Dudley, including those whose work with adults brings them into contact with children and young people.

They set out how agencies and individual professionals will work together to protect children and young people from significant harm, and safeguard and promote their welfare.

1. Introduction

A phased new single point of access (MASH) for all contact with, or referrals to, Children’s Social Care was

launched in December 2015.

If you are a child or young person or if you have concerns about a child or young person you should call the

Children's Services Referral and Advice service on 0300 555 0050 during office hours (9.00am - 5.00pm).

Out of office hours you can contact the Emergency Duty Team on 0300 555 8574 or in an emergency call

999.

Alternatively, you can call ChildLine on 0800 1111 or email them by visiting www.childline.org.uk.

For practitioners and those working with children please complete the Interagency Referral Form and send

it to the single point of access team at spa_team@dudley.gov.uk.

Referrals can come from the child themselves, professionals such as teachers, the police, GPs and health

visitors as well as family members and members of the public.

Referrals to Children’s Social Care Services usually fall in to three categories:

Requests for information from Children’s social care;

Provision of information such as notifications about a child;

Requests, for services for a child, which will be in the form of a referral.

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Children's social care has the responsibility to clarify with the referrer the nature of the concerns and how and

why they have arisen.

The local Threshold Protocol provides guidance about the criteria for making and receiving referrals.

Referrals should be confirmed in writing within 24 hours using the Multi Agency Referral Form.

2. The Duty to Refer

Under statutory guidance on making arrangements to safeguard and promote the welfare of children under

section 11 of the Children Act 2004, if they have reasonable cause to suspect that the child:

Has suffered Significant Harm - Section 47 Children Act 1989;

Is likely to suffer significant harm - Section 47 Children Act 1989;

Has a disability, developmental and welfare needs which are likely only to be met through provision

of family support services (with agreement of the child's parent) under Section 47 Children Act 1989;

Is a Child in Need whose development would be likely to be impaired without provision of services.

All professionals have a responsibility to refer a child to Children’s social care under section 11 of the

Children Act 2004 if they believe or suspect that the child.

When professionals make a referral to Children's social care, they should include any pre-existing

assessments such as an early assessment or a Common Assessment (CAF) in respect of the child. Any

information they have about the child's developmental needs and the capacity of their parents and carers to

meet these within the context of their wider family and environment should be provided as a part of the

referral information.

The referrer must always have the opportunity to discuss their concerns with a qualified social worker.

3. Making a Referral

For all referrals to Children's social care, the child should be regarded as potentially a child in need, and the

referral should be evaluated on the same day that it was received. A decision must be made by a qualified

social worker supported by line manager within one working day about the type of response that is required.

New referrals and referrals on closed cases should be made to the Children's social care duty social worker.

Referrals on open cases should be made to the allocated social worker for the case. In the absence of the

social worker then you must speak to their manager or the duty social worker within the relevant team.

The referrer should provide information about their concerns and any information they may have gathered in

an Assessment that may have taken place prior to making the referral. The referrer will be asked for

information about some of the following:

Full names (including aliases and spelling variations), date of birth and gender of all child/ren in the

household;

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Family address and (where relevant) school / nursery attended;

Identity of those with parental responsibility and any other significant adults who may be involved in

caring for the child such as grandparents;

Names and date of birth of all household members, if available;

Where available, the child’s NHS number and education UPN number;

Ethnicity, first language and religion of children and parents;

Any special needs of children or parents;

Any significant/important recent or historical events/incidents in child or family's life;

Cause for concern including details of any allegations, their sources, timing and location;

Child's current location and emotional and physical condition;

Whether the child needs immediate protection;

Details of alleged perpetrator, if relevant;

Referrer's relationship and knowledge of child and parents;

Known involvement of other agencies / professionals (e.g. GP);

Information regarding parental knowledge of, and agreement to, the referral;

The child’s views and wishes, if known;

For unborn children the due date should be included.

Other information may be relevant and some information may not be available at the time of making the

referral. However, there should not be a delay in order to collect information if the delay may place the child

at risk of Significant Harm.

The parents' permission should be sought before discussing a referral about them with other agencies,

unless permission-seeking may itself place a child at risk of significant harm and where fabricated or Induced

illness, forced or arranged marriage, proposed Female Genital Mutilation and Sexual Abuse is suspected.

Where a professional decides not to seek parental permission before making a referral to Children's social

care, the decision must be recorded in the child's file with reasons, dated and signed and confirmed in the

referral to Children's social care.

All referrals from professionals should be confirmed in writing, by the referrer, within 24 hours using the Multi

Agency Referral Form. If the referrer has not received an acknowledgement within three working days, they

should contact Children's social care again.

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4. Receiving a Referral

The social worker will discuss the concerns with the referrer and considered any previous records in relation

to the child and family in their agency. The social worker will establish:

Whether there is any need for any urgent action to protect the child or any other children in the

household or community;

The nature of the concerns;

How and why they have arisen;

The child’s views, if known;

What the child's and the family's needs appear to be;

Whether the family are aware of the referral and whether they are in agreement with it or not;

Whether the concern involves Abuse or Neglect;

The police must be informed at the earliest opportunity if a crime may have been committed. It is

important that they secure and preserve evidence within a timely period. Consideration will also be

for forensic consideration.

The police will work jointly with other agencies to carry out their responsibilities where a crime is

suspected or has happened;

Whether there is any need for any urgent action to protect the child or any other children in the

household or community.

A decision to discuss the referral with other agencies without parental knowledge or permission should be

authorised by a Children's social care manager, and the reasons recorded.

This checking and information gathering stage must involve an immediate assessment of any concerns about

either the child's health and development, or actual and/or potential harm, which justify further enquiries,

assessments and / or interventions.

Interviews with the child, if appropriate, should take place in a safe environment. All interviews with the child

and family members should be undertaken in their preferred language and where appropriate for some

people by using non-verbal communication methods.

The Children's social care manager should be informed by a social worker of any referrals where there is

reasonable cause to consider Section 47 Enquiries and authorise the decision to initiate action. If the child

and / or family are known to professional agencies or the facts clearly indicate that a Section 47 Enquiry is

required, the Children’s social care should initiate a Strategy Meeting/Discussion immediately, and together

with other agencies determine how to proceed.

The police must be informed at the earliest opportunity if a crime may have been committed. The police

should assist other agencies to carry out their responsibilities, where there are concerns about the child's

welfare, whether or not a crime has been committed.

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5. Concluding a Referral

At the end of the referral discussion, the referrer and Children's social care should be clear about the

proposed action, who will be taking it, timescales and whether no further action will be taken.

Referral outcomes about a child, where there may be concerns, typically fall in to four categories and

pathways:

No further action, which may include information to signpost to other agencies;

Early Help - referrals for intervention and prevention services within the Common Assessment

Framework (see The Common Assessment Framework Referral Form) and Early Help services

range of provision;

Child in Need services - assessment to be undertaken by Children’s Social Care (Section 17 CA

1989);

Child Protection services – assessment and child protection enquiries to be undertaken by Children’s

Social Care (Section 47 CA 1989) with active involvement of other agencies such as the police.

Managing Allegations against Staff or Volunteers who work with children

All organisations providing services to children and young people must ensure that their staff and volunteers are safe to do so. The vast majority of adults who work with children/young people act professionally and aim to provide a safe and supportive environment for the children and young people in their care. But it must be recognised that there are adults who will deliberately seek out, create or exploit opportunities to abuse children. It is therefore essential that a clear process exists for the investigation and resolution of allegations made against staff and volunteers.

The allegations' process is managed by Dudley’s LADO (Local Area Designated Officer). The LADO is responsible for:

Managing individual cases

Providing advice and guidance

Liaising with police and other agencies

Monitoring progress of cases for timeliness, thoroughness and fairness

All statutory partner agencies are required to report all allegations to the LADO within one working day. All

referrals should be sent to allegations@dudley.gov.uk.

In Dudley Jassi Broadmeadow, Head of Children and Young People’s Safeguarding and Review is the Local Area Designated Officer, who has direct accountability for allegations and reports to Dudley Safeguarding Children Board.

The day to day arrangements for responding to allegations is delegated to Dudley Local Authority Designated Officer (LADO) Yvonne Nelson-Brown - 01384 813061. For advice and information about allegations against staff and volunteers please contact Lovona on 01384 813110 and Funbir on 01384 812869 Allegations/Concerns against Staff Child Protection Process

Introduction and Criteria All allegations of abuse of children by those who work with children must be taken seriously. Allegations against any person, who works with children, whether in a paid or unpaid capacity, cover a wide range of circumstances. This procedure should be applied when there is such an allegation or concern that a person who works with children, has:

• Behaved in a way that has harmed a child, or may have harmed a child;

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• Possibly committed a criminal offence against or related to a child;

• Behaved towards a child or children in a way that indicates they may pose a risk of harm to children.

These behaviors should be considered within the context of the four categories of abuse (i.e. physical, sexual, emotional and neglect). These include concerns relating to inappropriate relationships between individuals delivering services for children, for example:

Having a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual (see ss16-19 Sexual Offences Act 2003);

Grooming', i.e. meeting a child under 16 with intent to commit a relevant offence (see s15 Sexual Offences Act 2003);

Other 'grooming' behaviour giving rise to concerns of a broader child protection nature (e.g. inappropriate text / e-mail messages or images, gifts, socialising etc);

Possession of indecent photographs / pseudo-photographs of children.

General Considerations Relating to Allegations against Staff Persons to be notified The employer must inform the Local Authority Designated Officer for managing allegations (LADO) within one working day when an allegation is made and prior to any further investigation taking place.

The Local Area Designated Officer will advise the employer whether or not informing the parents of the child/ren involved will impede the disciplinary or investigative processes. Acting on this advice, if it is agreed that the information can be partially shared, the employer should inform the parent/s. In some circumstances, however, the parent/s may need to be told straight away (e.g. if a child is injured and requires medical treatment).

The parent/s and the child, if sufficiently mature, should be helped to understand the processes involved and informed about the progress of the case and of the outcome where there is no criminal prosecution. This will include the outcome of any disciplinary process, but not the deliberations of, or the information used in, a hearing.

The employer should seek advice from the Local Area Designated Officer, the Police, and / or Children's Social Care about how much information should be disclosed to the accused person.

Subject to restrictions on the information that can be shared, the employer should, as soon as possible, inform the accused person about the nature of the allegation, how enquiries will be conducted and the possible outcome (e.g. disciplinary action or referral to the DBS or regulatory body). The Accused member of staff should:

• Be treated fairly and honestly and helped to understand, the concerns expressed and the processes involved;

• Be kept informed of the progress and outcome of any investigation and the implications for any disciplinary or related process;

• If suspended, be kept up to date about events in the workplace. Support As soon as possible after an allegation has been received, the accused member of staff should be advised to contact their union or professional association. Human resources should be consulted at the earliest opportunity in order that appropriate support can be provided via the organisation's occupational health or employee welfare arrangements.

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Suspension Suspension is a neutral act and it should not be automatic. It should be considered in any case where:

• There is cause to suspect a child has suffered, or likely to suffer significant harm; or

• The allegation warrants investigation by the police; or

• The allegation is so serious that it might be grounds for dismissal. The possible risk of harm to children should be evaluated and managed in respect of the child/ren involved and any other children in the person of concern’s home, work or community life. If a Positions of Trust meeting / discussion is to be held or if Children's Social Care, and the Police are to make enquiries, the Local Area Designated should canvass their views on suspension and inform the employer. Only the employer, however, has the power to suspend an accused employee and they cannot be required to do so by a local authority or police. If a suspended person is to return to work, the employer should consider what help and support might be appropriate (e.g. a phased return to work and/or provision of a mentor), and also how best to manage the member of staff's contact with the child concerned, if still in the workplace. Resignations and Compromise agreements’ Every effort should be made to reach a conclusion in all cases even if:

The individual refuses to cooperate, having been given a full opportunity to answer the allegation and make representations;

It may not be possible to apply any disciplinary sanctions if a person's period of notice expires before the process is complete.

Compromise agreements' must not be used (i.e. where a member of staff agrees to resign provided that disciplinary action is not taken and that a future reference is agreed). A Settlement/compromise agreement which prevents the employer from making a DBS referral when the criteria are met for so doing would likely result in a criminal offence being committed for failure to comply with the duty to refer. Organised and historical abuse Investigators should be alert to signs of organised or widespread abuse and/or the involvement of other perpetrators or institutions. They should consider whether the matter should be dealt with in accordance with complex abuse procedures which, if applicable, will take priority. See Organised and Complex Abuse Procedure .http://www.proceduresonline.com/dudley/scb/chapters/p_org_complex_abuse.html Historical allegations should be responded to in the same way as contemporary concerns. It will be important to ascertain if the person is currently working with children and if that is the case, to consider whether the current employer should be informed. Whistle-blowing All staff should be made aware of the organisation's whistle-blowing policy and feel confident to voice concerns about the attitude or actions of colleagues. Staff should be encouraged to put their names to concerns. If a member of staff believes that a reported allegation or concern is not being dealt with appropriately by their organisation, they should report the matter to the Local Designated so that concerns can be followed up. Timescales It is in everyone's interest; however, it has to be dealt with expeditiously, fairly and thoroughly and for unnecessary delays to be avoided. The target timescales provided in the flow chart of these Procedures are realistic in most cases, but some cases will take longer because of their specific nature or complexity.

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Initial Response to an Allegation or Concern An allegation against a member of staff may arise from a number of sources (e.g. a report from a child, a concern raised by another adult in the organisation, or a complaint by a parent). It may also arise in the context of the member of staff and their life outside work or at home. Initial action by person receiving or identifying an allegation or concern

The person to whom an allegation or concern is first reported should treat the matter seriously and keep an open mind.

They should not: • Investigate or ask leading questions, taking statements from anyone if seeking clarification;

• Make assumptions or offer alternative explanations;

• Promise confidentiality, but give assurance that the information will only be shared on a 'need to know' basis

They should:

Make a written record of the information (where possible in the child / adult's own words), including the time, date and place of incident/s, persons present and what was said;

Sign and date the written record;

Immediately report the matter to the designated senior manager, or the deputy in their absence or; where the designated senior manager is the subject of the allegation report to the deputy or other appropriate senior manager.

Initial action by the designated senior manager When informed of a concern or allegation, the designated senior manager in your organisation should not investigate the matter or interview the member of staff, child concerned or potential witnesses. They should:

Obtain written details of the concern / allegation, signed and dated by the person receiving (not the child / adult making the allegation);

Approve and date the written details;

Record any information about times, dates and location of incident/s and names of any potential witnesses;

Record discussions about the child and/or member of staff, any decisions made, and the reasons for those decisions.

The designated senior manager should report the allegation to the Local Area Designated Officer and discuss the decision in relation to the agreed threshold criteria within one working day. Referrals should not be delayed in order to gather information and a failure to report an allegation or concern in accordance with procedures is a potential disciplinary matter. If an allegation requires immediate attention, but is received outside normal office hours, the designated senior manager should consult the Children's Social Care Emergency Duty Team, local Police and inform the Local Area Designated Officer as soon as possible If a police officer receives an allegation, they should, without delay, report it to the designated detective sergeant on the child abuse investigation team (CAIT). The detective sergeant should then immediately inform the Local Area Designated Officer. Similarly an allegation made to Children's Social Care should be immediately reported to the Local Area Designated Officer.

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Initial consideration by the designated senior manager and the Local Area Designated Officer There are up to three strands in the consideration of an allegation:

• A Police investigation of a possible criminal offence;

• Children’s Social Care enquiries and/or assessment about whether a child is in need of protection or services;

• Consideration by an employer of disciplinary action.

The Local Area Designated Officer and the designated senior manager should consider first whether further details are needed and whether there is evidence or information that establishes that the allegation is false or unfounded. Care should be taken to ensure that the child is not confused as to dates, times, locations or identity of the member of staff. If the allegation is not demonstrably false and there is cause to suspect that a child is suffering or is likely to suffer significant harm, the Local Area Designated Officer should refer to Children's Social Care ask them to convene an immediate strategy meeting / discussion: The police must be consulted about any case in which a criminal offence may have been committed. If the threshold for significant harm is not reached, but a police investigation might be needed, the Local Area Designated Officer should immediately inform the police and convene an initial evaluation (similar to strategy meeting / discussion), to include the police, employer and other agencies involved with the child. This discussion should take place within one working day and must consider how to take matters forward in a criminal process parallel with a disciplinary process or whether any disciplinary action will need to await the completion of the police enquiries and/or prosecution. The progress should be reviewed by the police no later than four weeks after the initial evaluation meeting and thereafter at fortnightly or monthly intervals. Positions of Trust Meeting / discussion (Strategy) Wherever possible, a strategy meeting / discussion should take the form of a meeting. However, on occasions a telephone discussion may be justified. The following is a list The Positions of Trust meeting / discussion should:

The Local Area Designated Officer;

Relevant social worker and their manager;

Detective sergeant;

The Designated and/or named Safeguarding Children Health Professional (CCG); and always when an allegation concerns a health agency worker /professional;

Consultant paediatrician;

Designated senior manager for the employer concerned;

Human resources representative;

Legal adviser where appropriate;

Senior representative of the employment agency or voluntary organisation if applicable;

Manager from the fostering service provider when an allegation is made against a foster carer;

Supervising social worker when an allegation is made against a foster carer;

Those responsible for regulation and inspection where applicable (e.g. CQC,GMC or Ofsted);

Where a child is placed or resident in the area of another authority, representative/s of relevant agencies in that area;

Complaints officer if the concern has arisen from a complaint

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The Positions of Trust meeting / discussion should:

Decide whether there should be a Section 47 Enquiry and / or police investigation and consider the implications;

Consider whether any parallel disciplinary process can take place and agree protocols for sharing information;

Consider the current allegation in the context of any previous allegations or concerns;

Where appropriate, take account of any entitlement by staff to use reasonable force to control or restraining children (e.g. section 93, Education and Inspections Act 2006); in respect of teachers and authorised staff)

Consider whether a complex abuse investigation is applicable; see Organised and Complex Abuse Procedure;

Plan enquiries if needed, allocate tasks and set timescales;

Decide what information can be shared, with whom and when

The Positions of Trust Meeting/ discussion/ initial evaluation should also

Ensure that arrangements are made to protect the child/ren involved and any other child/ren affected, including taking emergency action where needed;

Consider what support should be provided to all children who may be affected;

Consider what support should be provided to the member of staff and others who may be affected and how they will be kept up to date with the progress of the investigation;

Ensure that investigations are sufficiently independent;

Consider and make recommendations where appropriate regarding suspension, or alternatives to suspension;

Identify a lead contact manager within each agency;

Agree protocols for reviewing investigations and monitoring progress by the Designated Officer ( DO), having regard to the target timescales;

Consider issues for the attention of senior management (e.g. media interest, resource implications);

Consider reports for consideration of barring;

Consider risk assessments to inform the employer's safeguarding arrangements;

Agree dates for future Positions of Trust meetings / discussions. A final Positions of Trust meeting / discussion should be held to ensure that all tasks have been completed, including any referrals to the DBS if appropriate, and, where appropriate, agree an action plan for future practice based on lessons learnt. The Positions of Trust meeting / discussion should take in to account the following definitions when determining the outcome of allegation investigations:

1. Substantiated: there is sufficient identifiable evidence to prove the allegation;

2. False: there is sufficient evidence to disprove the allegation;

3. Malicious: there is clear evidence to prove there has been a deliberate act to deceive and the allegation is entirely false;

4. Unsubstantiated: this is not the same as a false allegation. It means that there is insufficient evidence to prove or disprove the allegation; the term therefore does not imply guilt or innocence.

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5. Unfounded: there is no evidence or proper basis which supports the allegation being made. It might also indicate that the person making the allegation misinterpreted the incident or was mistaken about what they saw. Alternatively they may not have been aware of all the circumstances

Allegations against staff in their personal lives If an allegation or concern arises about a member of staff, outside of their work with children, and this may present a risk of harm to child/ren for whom the member of staff is responsible, the general principles outlined in these procedures will still apply. The Local Area Designated Officer should decide whether the concern justifies:

Approaching the member of staff's employer for further information, in order to assess the level of risk of harm; and / or

Inviting the employer to a further strategy meeting / discussion about dealing with the possible risk of harm.

If the member of staff lives in a different authority area to that which covers their workplace, liaison should take place between the relevant agencies in areas and a joint strategy meeting / discussion convened if the circumstances warrants, i.e. if there are children in their household. In some cases, an allegation of abuse against someone closely associated with a member of staff (e.g. partner, member of the family or other household member) may present a risk of harm to child/ren for whom the member of staff is responsible. In these circumstances, a strategy meeting / discussion should be convened to consider:

• The ability and/or willingness of the member of staff to adequately protect the child/ren;

• Whether measures need to be put in place to ensure their protection;

• Whether the role of the member of staff is compromised. Disciplinary or suitability process and investigations The Local Area Designated Officer and the designated senior manager should discuss whether disciplinary action is appropriate in all cases where:

It is clear at the outset or decided by a strategy meeting / discussion that a police investigation or LA children's social care enquiry is not necessary; or

The employer or Local Area Designated Officer is informed by the Police or the Crown Prosecution Service that a criminal investigation and any subsequent trial is complete, or that an investigation is to be closed without charge, or a prosecution discontinued.

The discussion should consider any potential misconduct or gross misconduct on the part of the member of staff, and take into account:

Information provided by the Police and / or Children's Social Care;

The result of any investigation or trial;

The different standard of proof in disciplinary and criminal proceedings. In the case of supply, contract and volunteer workers, normal disciplinary procedures may not apply. In these circumstances, the Local Area Designated Officer and employer should act jointly with the providing agency, if any, in deciding whether to continue to use the person's services, or provide future work with children, and if not, whether to make a report for consideration of barring or other action. If formal disciplinary action is not required, the employer should institute appropriate action within three working days. If a disciplinary hearing is required, and further investigation is not required, it should be held within the timescales identified in your organisations disciplinary policy.

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If further investigation is needed to decide upon disciplinary action, the employer and the Local Area Designated Officer should discuss whether the employer has appropriate resources or whether the employer should commission an independent investigation because of the nature and/or complexity of the case and in order to ensure objectivity. The investigation should not be conducted by a relative or friend of the member of staff. The aim of an investigation is to obtain, as far as possible, a fair, balanced and accurate record in order to consider the appropriateness of disciplinary action and / or the individual's suitability to work with children. Its purpose is not to prove or disprove the allegation. If, at any stage, new information emerges that requires a child protection referral, the investigation should be held in abeyance and only resumed if agreed with LA children's Social Care and the Police. Consideration should again be given as to whether suspension is appropriate in light of the new information again once advice has been sought. The investigating officer should aim to provide a report within ten days On receipt of the report the employer should decide, within ten working days, whether a disciplinary hearing is needed. If a hearing is required it should be held within 15 working days. Sharing information for disciplinary purposes Wherever possible, Police and Children's Social Care should, during the course of their investigations and enquiries, obtain consent to provide the employer and/or regulatory body with statements and evidence for disciplinary purposes. If the Police or CPS decides not to charge, or decide to administer a caution, or the person is acquitted, the police should pass all relevant information to the employer without delay. If the person is convicted, the police should inform the employer and the Local Area Designated Officer straight away so that appropriate action can be taken Record keeping Employers should keep a clear and comprehensive summary of the case record on a person's confidential personnel file and give a copy to the individual. The record should include details of how the allegation was followed up and resolved, the decisions reached and the action taken. It should be kept at least until the person reaches normal retirement age or for ten years if longer. The purpose of the record is to enable accurate information to be given in response to any future request for a reference if the person has moved on. It will provide clarification where a future DBS request reveals non convicted information, and will help to prevent unnecessary reinvestigation if an allegation re surfaces after a period of time. In this sense it may serve as a protector to the individual themselves, as well as in cases where substantiated allegations need to be known about to safeguard future children. Details of allegations that are found to be malicious should be removed from personnel records. For Education services see the DfE Keeping Children Safe in Education: Statutory Guidance for Schools and Colleges, which was updated and published for implementation in July 2015. Monitoring Process The Local Area Designated Officer should monitor and record the progress of each case, either fortnightly or monthly depending on its complexity. This could be by way of review strategy meetings / discussions / initial evaluations or direct liaison with the Police, Children's Social Care, or employer, as appropriate. Where the target timescales cannot be met, the Local Area Designated Officer should record the reasons. The Local Area Designated Officer should keep comprehensive records in order to ensure that each case is being dealt with expeditiously and that there are no undue delays. The records will also assist DSCB to monitor and evaluate the effectiveness of the procedures for managing allegations and provide statistical information to the Department for Education (DfE) as required. If a Police investigation is to be conducted, the police should set a date for reviewing its progress and consulting the CPS about continuing or closing the investigation or charging the individual. Wherever possible, this should be no later than four weeks after the strategy meeting / discussion / initial evaluation. Dates for further reviews should also be agreed, either fortnightly or monthly depending on the complexity of the investigation.

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Unsubstantiated and False Allegations Where it is concluded that there is insufficient evidence to substantiate an allegation, the Local Area Designated Officer who chaired the strategy meeting / discussion or initial evaluation should prepare a separate report of the enquiry and forward this to the designated senior manager of the employer to enable them to consider what further action, if any, should be taken. False allegations are rare and may be a strong indicator of abuse elsewhere which requires further exploration. If an allegation is demonstrably false, the employer, in consultation with the Designated Officer (DO), should refer the matter to Children's social care to determine whether the child is in need of services, or might have been abused by someone else. If it is established that an allegation has been deliberately invented, the police should be asked to consider what action may be appropriate Substantiated Allegations and Referral to the DBS The Disclosure and Barring Service (DBS) (https://www.gov.uk/government/organisations/disclosure-and-barring-service) was established under the Protection of Freedoms Act 2012 and merges the functions previously carried out by the Criminal Records Bureau (CRB) and Independent Safeguarding Authority (ISA). The relevant legislation is set out in the Protection of Freedoms Act 2012 (http://www.legislation.gov.uk/ukpga/2012/9/contents/enacted). If an allegation is substantiated and the person is dismissed or the employer ceases to use the person's service or the person resigns or otherwise ceases to provide his/her services, the DO should discuss with the employer whether a referral should be made to the Disclosure and Barring Service (DBS). If a referral is to be made; it should be submitted within one month of the allegation being substantiated. Bodies with a legal duty to refer The following groups have a legal duty to refer information to the DBS:

Regulated activity suppliers (employers and volunteer managers);

Personnel suppliers;

Groups with a power to refer. Bodies with the power to refer The following groups have a power to refer information to the DBS:

Local authorities (safeguarding role);

Health and Social care (HSC) trusts (NI);

Education and Library Boards;

Keepers of registers e.g. General Medical Council, Nursing and Midwifery Council; Health and Care Professional Council

Supervisory authorities e.g. Care Quality Commission, Ofsted.

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Suspending a Driver or Passenger Assistant

1. Without prejudice to any other right or remedy available under the condition, the People

Services Directorate may require the removal of any person from the provision of the

service for any reason (whether or not the reason has been brought to the attention of the

People Services Directorate by the Service Provider)

2. Where the Police are involved in a criminal investigation, as laid out within the terms of the

contract, the People Services Directorate Travel and Transport Team shall be notified

forthwith and may, by notice in writing, require the individual concerned to be removed

from the provision of the service with immediate effect.

3. Where the Contractor is made aware of an allegation, he or she must immediately report the

allegation to the Head of child’s school or service and the Directorate Local Authority

Designated Officer (LADO) via the Travel and Transport Team Manager. As laid out within the

terms of the contract, the People Services Directorate Travel and Transport Team may require

the individual concerned to be removed from the provision of the transport, or other service,

with immediate effect.

4. Whilst the person is suspended his or her badge must be returned to Travel and Transport

until the outcome of the Position of Trust meeting(s)

5. Contractors/managers/HR responsibility are required to attend Position of Trust meeting as

directed

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What to do if a child discloses abuse by any individual within or outside the Directorate or

Dudley Schools

Listen to allegations.

Record what is said. Sign

and date the

information. Do not

investigate or reach a

judgement.

See Listening to Children

(Appendix).

Immediately report

the allegation to

your employer (e.g.

manager

of taxi/bus

company.

The manager must

inform the Directorate

Child Protection Officer

(DCPO) via the manager

of the Transport Team

and the Head of the

pupil’s school or service

immediately.

The manager of Transport Services, in liaison with the Head of School or Service, contacts the CSC Services Duty Officer at the CSC Office local to the child’s home address, usually by telephone, for advice.

CSC receives the allegations. Details of the

child including name, date of birth and

address will be needed.

CSC will make a judgement as to how to

proceed.

In all but the most extreme cases, this

decision will take time and the Head of

School or Service will be contacted when

the decision has been made.

(See ACPC Child Protection Procedures –

Section 2)

If a referral is necessary, a

CSC referral form is then

completed by the School

Child Protection Co-ordinator

or the manager of the

Transport Team in

conjunction with the

Directorate’s Child Protection

Officer and sent to the local

CSC Office.

CSC informs the Head of School or Service,

and the manager of the Transport team, of

any decision and any arrangements that

will be made for the child. The Head of School or

Service, and the Transport

manager, will keep the

Directorate Child

Protection Officer

informed.

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Child Sexual Exploitation (CSE) information and resources

Child Sexual Exploitation is a form of sexual abuse and a hidden crime. Young people often trust their abuser and don't understand that they're being abused. Children or young people may be tricked into believing they're in a loving, consensual relationship. In some cases, young people are persuaded or forced into exchanging sexual activity for money, drugs, gifts, affection or status. They might be invited to parties and given drugs and alcohol. They may depend on their abuser or be too scared to tell anyone what's happening. Child sexual exploitation doesn't always involve physical contact and can happen online

If you work with or come into contact with young people, it is your responsibility to make sure that you

Understand what CSE is

Recognise the warning signs

See Me Hear Me - West Midlands regional website

Dudley’s Thresholds Framework

E-safety and use of images

Taking pictures and videos of children and young people’s achievements and activities is a wonderful way of capturing a memory and promoting successes but consideration needs to be given to who might have access to those images.

Please see documents below which include guidance, fact sheets and use of images consent forms. This guidance has been produced by Dudley Safeguarding Children Board and is endorsed by the Vulnerable Adult Safeguarding Board and Dudley Children and Young People’s Partnership.

Further information on Dudley Safeguarding – Protecting children, young people and adults at risk can be viewed on http://safeguarding.dudley.gov.uk

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Who does Adult Safeguarding apply to?

Safeguarding means protecting a person's right to live in safety, free from abuse and neglect. It is about making people aware of their rights, protecting them and preventing and stopping abuse. We need to encourage people to report any suspected adult abuse, whether it happened recently, or not.

When a concern of abuse or neglect is reported, the Dudley Safeguarding Adults Board has a legal duty under The Care Act 2014 to ensure that enquiries are made where the adult concerned:

Has needs for care and support (whether or not the council is meeting these needs) and; Is experiencing, or is at risk of abuse and neglect and As a result of those care and support needs is unable to protect themselves from either the risk

of, or the experience of abuse and neglect.

If the adult does not meet these criteria, then the Board will ensure that signposting to supportive services which can help the person concerned, is provided.

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Abuse of a position of trust

All staff should clearly understand the need to maintain appropriate boundaries in their dealings with young

peoples. Intimate or sexual relationships between staff and pupils will be regarded as a grave breach of trust. Any

sexual activity between a member of staff and a pupil under 18 years of age may be a criminal offence.

The offence of abuse of a position of trust was originally set out in the Sexual Offences (Amendment) Act 2000.

The Sexual Offences Act 2003 re-enacts and extends the abuse of position of trust offences set out in the Sexual

Offences (Amendment) Act 2000.

The Sexual Offences (Amendment) Act 2000 set out a series of occupations to which the abuse of position of

trust laws apply.

Institutions looking after young people who are detained under a court order or enactment,

such as a Young Offenders Institution.

Accommodation provided by Local Authorities and Voluntary Organisations under statutory

provision.

Hospitals, independent clinics, care homes, residential care homes, private hospitals,

community homes, voluntary homes, children’s homes and residential family centres.

Educational institutions.

The Sexual Offences Act 2003 introduces additional occupations to which the position of trust laws applies. These

cover people who look after young people under 18 in the following ways:

Looking after them on an individual basis by providing services under the Learning and

Skills Act 2000. This includes Connexions Personal Advisers.

Regularly having unsupervised contact with them as part of Local Authority provision

accommodation to young people who are in need, under Police protection or

detention, or on remand.

Having regular, unsupervised contact with them as someone who regularly reports to a

court on matters of their welfare.

Looking after them on an individual basis as a Personal Adviser appointed under

relevant legislation, such as when young people leave Local Authority Care.

Looking after them in an official capacity on a regular basis when they are subject to a

care order, supervision order, or education supervision order.

Acting as their guardian as set out in the Children Act 1989, the Adoption Rules 1984

and the Family Proceedings Rule 1991.

Looking after them on an individual basis after their release from detention or in

pursuance of a court order. This includes Youth Offending Teams and treatment

providers.

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The Act’s provisions meant that, subject to a number of limited definitions, it would be a criminal offence for

a person in a position of trust to engage in any sexual activity with a person aged under 18 with whom they

have a relationship of trust, irrespective of the age of consent even if the basis for their relationship is

consensual. A relationship of trust exists where one member of staff or volunteer is in a position of power or

influence over a pupil or student by virtue of the work or nature of the activity being undertaken. All staff

should ensure that their relationships with pupils are appropriate to the age and gender of the pupils, and

take care that their language or conduct does not give rise to comment or speculation. Attitudes, demeanour

and language all require care and thought, particularly when members of staff are dealing with adolescent

boys and girls.

From time to time staff may encounter young people who display attention seeking behaviour, or profess to be

attracted to them. Staff should aim to deal with those situations sensitively and appropriately, but ensure that

their behaviour cannot be misinterpreted. In these circumstances, the member of staff should also ensure that a

senior colleague is aware of the situation.

The Home Office have produced a leaflet “Working within the Sexual Offences Act 2003” which contains useful

advice and guidance on abuse of a position of trust.

17 Risk Assessments

Pupils may not be placed in situations that expose them to an unacceptable level of risk. Safety must always be the

prime consideration. If the risks cannot be contained then the journey must not take place. “Paragraph 39 DFES

Health and Safety of Pupils on Educational Visits” – a good practical guide.

A risk assessment is an examination of what, in the course of a journey, could cause harm to the people on the

journey. You are looking for hazards and assessing their potential risk, then seeing what can be done to minimise

the risk. For example, a hazard like crossing a busy road has its risk minimised by using a subway.

A risk assessment should be carried out before all routes begin. If you are making a repeated visit with the same

group of young people (like a transfer to school) then additional risk assessments are not necessary after the

initiation of the route. If you are aware that something at the destination has changed like a new pathway etc. then

it is advisable to do another risk assessment. If your group has changed to include younger children or those with

disabilities then the hazards and risks may be different and will require reviewing.

The risk assessment process follows a simple set of considerations:

What are the hazards?

Who can be affected by them?

What procedures can be put in place to minimise the risk?

Can these procedures be put in place by the staff on the journey?

In an emergency, what happens?

It is advisable that the Contractor or Driver follows the route before it commences. Use the risk assessment

template here to note down your thoughts when you follow the route. Put yourself in the position of the child.

Consider where you would go and what you see as potential hazards.

47

APPENDIX 1

14/SE/Transport Tony Wells 01384 818371

Date as Postmark

The Parents/Carers of Dwain Pipe

21 White Lane

West Midlands

DY8 5BP

EXAMPLE Dear Parents/Carer

Name of Passenger: Dwain Pipe

School/Provision: Longwait PRU

I write to advise you of the arrangements that have been made for the above passengers transport to

commencing Tuesday 23 September 2014.

Name of Contractor and Telephone number: One Trick Pony Taxis

Registration: W642 XOC

Pick up Point: Home approx 08:10

Name of Driver / Badge Number: K Khan (C11-D064)

Name of Escort / Badge Number: Tia Brew (C11-E075)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

We want all passengers to stay safe and travel in comfort. All children travelling on Children’s Services Transport

are required to agree to abide by a Code of Conduct which sets out the behaviour expected on every journey.

Parents are also required to agree to abide by the Code of Conduct to indicate that they are aware of their own

parental responsibilities and the sanctions which can be imposed if their child fails to comply with the Code of

Conduct. The Code of Conduct leaflet is available from the following web link:

http://www.dudley.gov.uk/resident/learning-school/education-grants/childrens-transport/

By accepting the above arranged transport, you are agreeing to abide by a Code and the terms and conditions laid

out by Children’s Services Travel and Transport.

Please note that the above time is a guide only. After the first day the driver/escort will be able to confirm the

exact pick up time with you and will also be able to advise you of the return time. When the vehicle arrives at your

home or pick up point it is your responsibility to bring your child to the vehicle. Please try to ensure that you are

on time as drivers are only obliged to wait three minutes. Any delay may lead to concern by other parents and

children on the route and could disrupt start times. If there is a problem then the vehicle is instructed to proceed

without your child.

If you are not available to receive your child from the vehicle then you must let them have, in writing, the name

and address of a responsible adult who will be able to look after your child until you return. If you think the

driver/escort should be made aware of any special requirements for your child, i.e. travel in a wheelchair, epileptic

fits, etc; contact the transport section on the above numbers.

Yours faithfully

Copies to: Longwait PRU, Taxi Company

48

APPENDIX 2

Code of Conduct for all Contractors and Employees in relation to Child Protection Matters

This Code of Conduct (Child Protection) applies to all Contractors, their employees or sub-contractors (including

Drivers, Passenger Assistants and Taxi or Bus Company Managers) providing services to Dudley MBC People

Services Directorate or to its schools. These people are referred to in this Code of Conduct as education transport

workers.

All education transport workers in Dudley are in a position of trust and owe a duty of care to the young people for

whom they are responsible. Education transport workers must not seek gratification of their physical, emotional

or sexual needs in their relationships with young people.

Education Transport workers should ensure their relationships are appropriate to the age, gender, maturity and

needs of the young people in their care, and should give care and thought to their attitudes and demeanour.

Education transport workers should be careful of language or behaviour which may be misconstrued, or which may

put them at risk of malicious or unfounded allegations. Education transport workers should not use insensitive,

disparaging or sarcastic language.

Education transport workers should use their discretion over physical contact to ensure that is does not become

unnecessary and unjustified, particularly with the same young person over a period of time. Please remember that

a young person or an observer can misconstrue innocent physical contact, such as a hand on the shoulder or arm.

Failure to adhere to this Code may lead to serious disciplinary action being taken, up to and including dismissal.

49

APPENDIX 3

Listening to children

1. Children who report to a Driver, Passenger Assistant or Transport Manager that they have been abused –

or are concerned about their welfare or that of their colleagues – must be listened to and heard,

whatever form their attempts to communicate their worries take. The following points give guidance on

how to deal with a child who makes an allegation.

The child should be listened to but not interviewed nor asked to repeat the account.

The listener should avoid questions, particularly leading questions.

The child should not be interrupted, when recalling significant events.

All information should be noted carefully, including details such as timing, setting, who was

present and what was said, in the child’s own words. The account should be obtained verbatim

or as near that as possible.

Care should be taken not to make assumptions about what the child is saying, nor to make

interpretations.

‘Listened to’ means just that; on no account should suggestions be made to children as to

alternative explanations for their worries.

The written record of the allegations should be signed and dated by the person who received

them as soon as practicable.

The written report of the disclosure should be given to the Head of School or Head of Service

and to the Manager of transport, taxi or Bus Company.

S/he must refer this to the Directorate Child Protection Officer, via the Transport Team Manager

immediately.

All actions subsequently taken should be recorded.

2. All Contractors and their employees need to remain alert to the fact that children and young people may

communicate their experiences or concerns in a variety of ways including through pictures or drawings,

play or other behaviours. This is of particular relevance to children and young people who have poor

verbal communication skills.

A Contractor or their employees must not promise confidentiality to a pupil who makes an allegation. In responding

to a child who makes disclosures, account should be taken of the age and understanding of the child and whether

the child or others may be at risk of significant harm. While acknowledging the need to create an environment

conducive to speaking freely, the employee should make it clear to the pupil who approaches them asking for

confidentiality that they will need to pass on what has been told to ensure the protection of the child, and that

there are rules set by the Dudley Safeguarding Children Board (DSCB) to which they must adhere. The child should

then be assured that the matter will be disclosed only to people who need to know. The support needs of a child

who expresses concerns about significant harm should be considered and met, utilising resources within or beyond

the school or service as necessary.

50

APPENDIX 4 – Example Log Sheet

Dudley M.B.C Home-School Transport Log & Return Sheet Month: September 2005

School:Day Centre

Longwait PRU Transport Company One Trick Pony Taxis

Vehicle reg. no(s): W642 XOC Vehicle licence plate no

Driver(s) (Badge): K Khan (C11-D064) Tommie Cooper (C11-D0258)

Passenger Assistant(s) (Badge): Tia Brew (C11-E075)

Date Comment Respite Care

Mileage Variation

Enforcement Officer

Transport Signature

School Signature

2/9/14

AB failed to show for pickup/ no response from parents

5/9

Taxi 15 minutes late KJ

I certify that the details above and over are correct: (School signature) p.t.o

51

Dudley M.B.C Home-School Transport Log & Return Sheet Month: September 2014

Dudley M.B.C Home-School Transport Log & Return Sheet Month: September 2014

School Longwait PRU Transport Company One Trick Pony Taxis

Vehicle reg no(s): W642 XOC Vehicle reg no(s):

Mornings: / as Children get on 0 if they are not picked up X after handing over to school staff

Afternoons: \ as Children get on 0 if they are not picked up X after handing over to school staff

Pupil Name | 1 | 4 | 5 | 6 | 7 | 8 | 10| 11| 12| 13| 14| 15| 18| 19| 20| 21| 22| 25| 26| 27| 28| 29|

Kenwood Chef x|x|x|x|x|/| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

Anna Bolyne 0|0|0|0|x|0| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

Dwain Pipe x|x|x|x|x|/| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

School signature (pto for details to check and comment if concerned)

| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |

0

Appendix 5 Pupil name: Tony Wells

Date of birth: 23/08/1991

Address: The Acorns, Rough Hills, Rotherham

Parent(s)/Carer(s): Ms Slough

Contact Number(s): Home: Work: Mobile: 07778880111

Alternative contact number(s): n/a Tel:

Action to be taken:

1. Ambulance to be called if fits lasts after 4 minutes 2. Escorts to inform emergency services that Buccal Midazolam should be administered after four minutes – Escort

to follow instructions given by emergency services 3. After fitting has stopped, place Tony the recovery position.

4. State if known if and when Buccal Midazolam has been given

5. If there is any concern that your child is in danger he/she will be returned to school or home if the vehicle is in the immediate vicinity. If it is not safe to do so then the escort will contact the emergency services and follow instructions

6. Contacting Emergency Services - Dial 999 / Mobile 112, ask for ambulance and be ready with the following

information,

7. Your telephone number & name

8. Give your location as follows, road, reference point, post code etc.

9. Give brief description of pupils symptoms

10. Ensure the other passengers remain calm and safe Speak clearly and slowly and be ready to repeat information if asked

THIS FORM OR A COPY MUST BE KEPT BY THE DRIVER/ESCORT ON THE PUPIL HOME TO SCHOOL TRANSPORTATION.

Medical condition: Epileptic on anti-consultant’s – signs & symptoms – Begins winking and nodding his head, then within 5 minutes

he will break into a heavy seizure in which his entire body will go stiff. (Arms will stretch out over his head and legs will also stretch)

Visually impaired – Tony has limited vision and care must be taken to ensure he doesn’t cause himself harm / damage his eyes further

Additional Information Ensure safe environment whilst fitting, if safe and airways uncompromised, he may remain in his wheelchair. Ambulance to be called if fits lasts after 5 minutes.

Escorts to inform emergency services that Buccal Midazolam should be administered after four minutes – Escort to follow instructions given by emergency services

After fitting has stopped, place Tony in the recovery position. – Contact parents

Escort must be consistent and fully trained to ensure appropriate level of care

Medical Needs

Individual Emergency Action Plan for

Tony Wells

Driver/Escort Emergency Action Plan

1

APPENDIX 6

Basic sign language

Hi / Hello Good Morning

Monday Tuesday Wednesday

Thursday Friday Saturday

Sunday Toilet Want

2

Walk Weekend Tomorrow

Today / Now Next Week Last Week

Slowly Sick, throw up, vomit Go / Gone

Ill / illness / not well Sit down Stop, wait, hold on

3

Yes No My

Name House School

Write Why Help

Who

4

Useful Safeguarding/Child Protection Dudley Contacts

. New single point of access

Social Care Offices (MASH) 0300 555 0050

The team, made up of existing staff from the four teams, will manage all contact

activity with children’s social care across the borough, ensuring a greater level of

consistency in responding to calls and referrals

As well as social care professionals, this central information hub will also bring

together staff from Dudley Council’s early help, housing and family information

service team.

Useful links - https://safeguarding.dudley.gov.uk/safeguarding/child/work-with-

children-young-people/useful-links/

• Please Note: If a child lives in a different Local Authority - please contact them directly.

All agencies must have a procedure in place which staff are fully aware of relating to allegations made

against staff and their duty to report

A ‘Whistle Blowing’ policy must be in place with clear understanding of how staff would be supported

These procedures for protecting children and communicating concerns are essential

Designated Officer (Local Authority)

(Dudley) - 01384 813061

Ofsted 0300 123 3155 or

www.ofsted.gov.uk whistle blowing hotline