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PARTNERSHIP
AGREEMENT
Revised to reflect the new safeguarding arrangements under the Children Act 2004 and Working Together 2018 Guidance.
Version 6.7 May 2019
Our Safeguarding Children Partnership
for Cornwall and the Isles of Scilly
2
This partnership agreement is the governing document of the Cornwall and Isles of Scilly Safeguarding Children Board.
The partnership agreement comprises the annual plan and a number of appendices which should be deemed part of the partnership agreement.
The partnership agreement will be reviewed on an annual basis.
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Contents 1. Date of this agreement – ............................................................................................ 4
2. Parties ........................................................................................................................ 4
3. Background ................................................................................................................ 5
4. Leadership ................................................................................................................. 6
5. Relevant agencies ...................................................................................................... 6
6. Sub- Group membership ............................................................................................ 8
7. Geographic Area ........................................................................................................ 8
8. Independent Scrutiny .................................................................................................. 8
9. Multi-agency safeguarding arrangements ................................................................... 9
10. Principles .............................................................................................................. 10
11. Responsibilities ..................................................................................................... 11
12. Monitoring Arrangements ...................................................................................... 12
13. Disclosure and Barring Service (DBS) Checks ...................................................... 12
14. Local Reviews and associated duties ................................................................... 13
15. Information Sharing ............................................................................................... 14
16. Child Death Overview Panel (CDOP) .................................................................... 14
17. Financial Arrangements ........................................................................................ 15
18. Publication of arrangements ................................................................................. 15
19. Resolving Professional Differences (Conflict Resolution) ...................................... 16
20. Complaints Procedure .......................................................................................... 16
21. Dissolution ............................................................................................................ 16
22. Advising Officers ................................................................................................... 16
23. Insurance .............................................................................................................. 17
24. Signatories ............................................................................................................ 17
25. APPENDIX 1 - Meanings of Expressions .............................................................. 22
26. APPENDIX 2 - Structure of the local safeguarding arrangements ......................... 23
27. APPENDIX 3 - OSCP Code of Practice, including Members’ Responsibilities ....... 24
28. APPENDIX 4 - OSCP Terms of Reference ........................................................... 31
29. APPENDIX 5 - Sub-Group Terms of Reference (links to webpages) ..................... 36
30. APPENDIX 7 - Our Safeguarding Children Partnership (OSCP) for Cornwall and the Isles of Scilly - Complaints Policy and OSCP Procedure ........................................... 37
31. APPENDIX 8 - Information Sharing Guidance note (4) ......................................... 40
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1. Date of this agreement – May 2019
2. Parties
2.1. Key Statutory Partners Cornwall Council New County Hall, Truro, TR1 3AY Council of the Isles of Scilly Town Hall, St Mary’s, Isles of Scilly, TR21 0LW Devon and Cornwall Police Middlemoor, Exeter, EX2 7HQ NHS Kernow Clinical Commissioning Group Sedgemoor Centre, Priory Road, St Austell, PL25 5AS
2.2. Safeguarding Partnership – Relevant Agencies1 Cornwall Partnership NHS Foundation Trust Carew House, Beacon Technology Park, Dunmere Road, Bodmin, PL31 2QN Royal Cornwall Hospitals NHS TRUST Royal Cornwall Hospital, Treliske, Truro, TR1 3LJ South Western Ambulance Service NHS Foundation Trust Abbey Court, Eagle Way, Exeter, EX2 7HY Cornwall Association of Primary Headteachers Beacon Place, Victoria, Roche, St Austell, PL26 8LG Cornwall Association of Secondary Headteachers Humphry Davy School, Coombe Road , Penzance TR18 2TG Cornwall College Tregonissey Road, St Austell, PL25 4DJ Callywith College Old Callywith Road, Bodmin PL31 2GT Truro and Penwith College College Road, Truro, TR1 3XX
Children and Family Court Advisory and Support Service (CAFCASS) 8 Ford Park Lane, Plymouth, PL4 6RR
1 The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018
Our Safeguarding Children Partnership (OSCP)
for Cornwall and the Isles of Scilly
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Cornwall Housing First Floor, North Wing, Chy Trevail, Beacon Technology Park, Bodmin, PL31 2FR National Probation Service St Catherine's House, 5 Notte St, Plymouth, PL1 2TS Voluntary and Community Sector Cornwall Voluntary Sector Forum, The Redruth Centre, 5-6 Station Road, Redruth, Cornwall TR15 2AB Youth Offending Service Second Floor, Council Offices, Dolcoath Avenue, Camborne, TR14 8SX CSW Group Ltd Poseidon House, Neptune Park, Cattedown, Plymouth, PL4 0SJ Dorset, Devon and Cornwall Community Rehabilitation Company Kingsley House, Castle Street, Barnstaple, EX31 1DR Lay Member
3. Background
3.1. The Government review of the statutory framework has resulted in a change to local multi-agency safeguarding arrangements, with the introduction of key local ‘safeguarding partners’.
3.2. A ‘safeguarding partner’, in relation to a local authority area in England, is defined under the Children Act 2004 (as amended by the Children and Social Work Act, 2017) as:
a) The local authority b) A clinical commissioning group for an area any part of which falls
within the local authority area c) The chief officer of police for an area any part of which falls within the
local authority area2
3.3. The three safeguarding partners must agree on the co-ordination of their safeguarding services. They must act as a strategic leadership group in supporting and engaging others and implement local and national learning, including learning from serious child safeguarding incidents (local and national).
3.4. The local partners must set out, and publish, arrangements describing how they will work together and with any relevant agencies. The local arrangements must ensure that:
2 Working Together 2018
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children are safeguarded and their welfare promoted
partner organisations and agencies collaborate, share and co-own the vision for how to achieve improved outcomes for vulnerable children
organisations and agencies challenge appropriately and hold one another effectively to account
there is early identification and analysis of new safeguarding issues and emerging threats
learning is promoted and embedded to ensure that local services for children and families can become more reflective and implement changes to practice
information is shared effectively to facilitate more accurate and timely decision making for children and families
links to other local strategic partnerships are in place to support children and families e.g. Safer Cornwall Partnership, Health and Wellbeing boards, Safeguarding Adult Board.
4. Leadership
4.1. The lead representatives from each of the three safeguarding partners must play an active role. The lead representatives for safeguarding partners are: the local authority chief executive, the accountable officer of a clinical commissioning group, and a chief officer of police.
4.2. All three safeguarding partners have equal and joint responsibility for local safeguarding arrangements.
4.3. Should the lead representatives delegate their functions they remain
accountable for any actions or decisions taken on behalf of their agency. Delegates must be empowered to: speak with authority on behalf of their agency; take decisions and commit their agency on policy, resourcing or practice matters; hold their own agency to account with regard to participation in the local safeguarding arrangements.
5. Relevant agencies3
5.1. Relevant agencies are those organisations whose involvement the
safeguarding partners consider is required in order to safeguard and promote the welfare of local children.
5.2. The safeguarding partners are required to published their arrangements and clarify with which organisations and agencies they will be working in partnership.
5.3. This partnership agreement provides the formal route for agencies to sign up
as ‘relevant agencies’ within the partnership.
3 The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018
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5.4. Members will have a strategic role in relation to safeguarding and promoting the welfare of children within their organisation.
5.5. They will have delegated authority, with the prior agreement of their
organisational management boards, to speak on behalf of their organisation and to make commitments on policy and practice matters. They must be able to hold their organisation to account at all levels of management, including participation in peer reviews and audits.
5.6. Both key partners and relevant agency representatives must nominate a
delegate/substitute, who may attend on their behalf no more than twice in any twelve month period; substitutes will have the same delegated authority as members. Attendance at Board meetings will be monitored and details of the attendance record at OSCP will be published in OSCP’s Annual Report.
5.7. All OSCP and sub-group members will be expected to adhere to the relevant
sections of OSCP’s code of practice (Appendix 3) and to sign the appropriate members’ responsibilities declaration.
5.8. OSCP may appoint advisors to attend Board meetings. This will include the
Board Manager, who will normally attend all Board meetings. Advisors will not have voting rights but they will have equal rights of speech, must declare interests and can be Chairs/Vice Chairs of sub-groups.
5.9. Certain Local Authority Elected Members may attend Board or sub-group
meetings as participating observers; as such, they will not have voting rights, nor be required to declare interests, but will have equal rights of speech during meetings. Similarly, observers may attend non-confidential parts of Board or sub-group meetings at the discretion of the appropriate Chair; they
will not have voting rights and will not be expected to participate in meetings. Representatives from other agencies may also be invited to contribute to meetings.
5.10. Those Members identified as representing aspects of the Voluntary
and Community Sector shall seek to ensure that:
a) they will have a role in challenging agencies in relation to safeguarding and welfare of children.
b) they will refer any Agency about whom they have safeguarding concerns to OSCP.
c) they will promote and raise the aims and objectives of OSCP within the voluntary agencies whom they represent, and reflecting concerns from that sector back to the Board.
5.11. OSCP has three reference groups which provide feedback and raise concerns for the attention of Board members:
Children and Young People
Parents and Carers
Safeguarding Practitioners.
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The Independent Chair may invite a representative of the Reference groups to attend Board meetings as non-voting members, for appropriate discussions.
6. Sub- Group membership
6.1. Sub-group members are nominated from partner agencies to contribute to developing and maintaining strong and effective inter-agency safeguarding or child protection procedures and protocols. The sub-groups develop strategies and implement work plans arising from them, with reporting accountability to OSCP Board meetings. The sub-groups receive, interpret and report on agency performance management data in order to inform the safeguarding scrutiny process.
7. Geographic Area
7.1. Our Safeguarding Children Partnership covers safeguarding arrangements across Cornwall and the Isles of Scilly and includes representatives from across this area.
8. Independent Scrutiny
8.1. In order to provide effective scrutiny, OSCP must be independent and not subordinate to, nor subsumed within, other local structures. OSCP is ensured of Independent Scrutiny primarily by the appointment of an Independent Chair, who can hold all partner agencies to account and who promotes the safeguarding agenda identified by the partnership.
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8.2. The Independent Chair must not be an employee of any constituent partner of OSCP. He/she is appointed by the key partners, normally for a term of three years and can be requested to undertake a further term by them.
8.3. The Independent Chair is supported in this role by the Quality and Scrutiny Panel, which provides objective review of agencies’ safeguarding practice through a partnership scrutiny process.
8.4. The Safeguarding partners are responsible for the annual publication of a
report into the effectiveness of child safeguarding in the local area, including a critical evaluation and assessment of the performance and effectiveness of local services, identifying the cause of any areas of weakness and the actions being taken to address them. The report will also identify any learning gained from local safeguarding practice or other reviews undertaken during the year.
8.5. The partnership will seek to establish a reciprocal peer review relationship
with an equivalent safeguarding partnership. This will include mutual review of:
Annual reports,
The effectiveness of identification and review of serious safeguarding cases
Consideration of the local quality assurance and audit processes.
8.6. OSCP will take every opportunity to benefit from, and to offer peer support to, other safeguarding partnerships across the local and national arena, in order to continuously drive improvement.
8.7. Additionally, OSCP will participate in the wider system of independent scrutiny, which includes the Independent Inspectorates’ single assessment of individual safeguarding partners as well as Joint Targeted Area Inspections.
8.8. The independent scrutiny arrangements for Our Safeguarding Children
Partnership for Cornwall and the Isles of Scilly will be reviewed one year after ratification of the new partnership structure and subsequently on a three-yearly cycle.
9. Multi-agency safeguarding arrangements
9.1. Working Together 2018 redefines multi-agency safeguarding arrangements and the responsibilities of safeguarding partners. It is clear that there is a shared responsibility between organisations and agencies to safeguard and promote the welfare of all children in the local area and that this responsibility rests with the three safeguarding partners who have a shared and equal duty to make local safeguarding arrangements.
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9.2. The safeguarding partners, in relation to local authority areas in England, are defined4 as:
a. the local authority b. a clinical commissioning group for an area any part of which falls
within the local authority area c. the chief officer of police for an area any part of which falls within the
local authority area 9.3. The responsibilities of the three safeguarding partners include the following:
a. to agree on ways to co-ordinate their safeguarding services; b. to act as a strategic leadership group in supporting and engaging
others; c. to implement local and national learning including from serious child
safeguarding incidents
9.4. In order to fulfil this role, the three safeguarding partners are required to set out how they will work together and with any relevant agencies (as defined in Section 5)
10. Principles
10.1. The local arrangements must support and enable local organisations and agencies to work together in a system where:
children are safeguarded and their welfare promoted
partner organisations and agencies collaborate, share and co-own the vision for how to achieve improved outcomes for vulnerable children
organisations and agencies challenge appropriately and hold one another to account effectively
there is early identification and analysis of new safeguarding issues and emerging threats
learning is promoted and embedded in a way that local services for children and families can become more reflective and implement changes to practice
information is shared effectively to facilitate more accurate and timely decision making for children and families
10.2. Safeguarding arrangements enable all schools (including multi
academy trusts), colleges and other educational providers, in the local area to be fully engaged, involved and included.
10.3. Safeguarding processes must also facilitate and drive action beyond usual institutional and agency constraints and boundaries and ensure the effective protection of children is founded on practitioners developing lasting and trusting relationships with children and their families.
4 Under the Children Act 2004 (as amended by the Children and Social Work Act, 2017)
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10.4. The arrangements must link to other local strategic partnership work supporting children and families. For Cornwall and the Isles of Scilly this will include links with:
Safer Cornwall Partnership
Health & Wellbeing Boards
Cornwall & Isles of Scilly Safeguarding Adults Board
Other local partnership working arrangements e.g. MAPPA, MACE, Family Justice Board
10.5. A clear process regarding the secure and appropriate sharing of
information in order to improve outcomes for children and their families will be agreed within the partnership, supported by an Information Sharing Protocol (Appendix 8. This will enable safeguarding partners to request specified information from any relevant local agency, a reviewer or another person or organisation or agency, for the purpose of enabling and assisting the safeguarding partners to safeguard and promote the welfare of children in their area, including as related to local and national child safeguarding practice reviews. The partnership will be responsible for the appropriate management of information within the appropriate GDPR5 legislation.
11. Responsibilities
The key responsibilities of the Safeguarding Partnership include:
11.1. Developing policies and procedures for safeguarding and promoting the welfare of children.
11.2. Considering the need for other local protocols.
11.3. Communicating and raising awareness to persons or bodies within the area of the need to safeguard and promote the welfare of children.
11.4. Monitoring and evaluating the effectiveness of what is done by the
parties individually and collectively.
11.5. Participating in planning and commissioning of services for children and contributing towards the development and implementation of vision, strategy and future detailed plans that will improve the lives, safety and welfare of children and young people in Cornwall and the Isles of Scilly. This will mean holding to account the policies, plans and implementation of all agencies and bodies that impact on safeguarding and the welfare of children.
11.6. Undertaking Rapid Reviews and where appropriate, Local Safeguarding Partnership Reviews; ensuring the any learning arising from
5 Guide to the General Data Protection Regulation (GDPR)
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both local and national reviews is shared between and within agencies (See Section 11).
11.7. Collecting and analysing information relating to child deaths (See Section 12).
12. Monitoring Arrangements
12.1. The Partnership Agreement will be reviewed on a three yearly basis and re-presented to partners for approval and signature.
12.2. At the start of each financial year, the Safeguarding Partners will
decide the planned activities for the following year and present an annual development plan to the partnership for agreement. Performance against the annual plan will be regularly reviewed throughout the year any necessary amendments implemented.
12.3. The Safeguarding Partners will maintain a comprehensive risk register
identifying all business risks including financial and reputational risks and the measures in place to mitigate those risks. Member agencies will be responsible for conducting their own risk assessments and reporting any relevant risks to the OSCP for inclusion in the comprehensive risk register.
12.4. The Safeguarding Partners will develop and approve suitable
processes to demonstrate its effectiveness in achieving its objectives. The Safeguarding Partners will agree suitable processes to demonstrate the effectiveness of the work of the sub-groups and any specific task groups.
12.5. In response to Section 11 of the Children Act 2004, the Safeguarding
Partners will receive annual submissions from member agencies using agreed formats detailing compliance with standards agreed by the Partnership. This may include responding to invitations from the Quality Assurance and Scrutiny Panel who will monitor and challenge the effectiveness of partner agencies helping and protecting children.
12.6. Members of the safeguarding partnership undertake to support and co-
operate with the work of the sub-groups to develop and maintain performance standards of member agencies.
12.7. The OSCP will be subject to periodic audit by Cornwall Council’s
Internal Auditors, the timescale and frequency of which to be determined by the Cornwall and Isles of Scilly Directors of Children’s Services.
13. Disclosure and Barring Service (DBS) Checks
13.1. All members of the safeguarding partnership agree to ensure that their representatives, their nominees and sub-group members undergo an enhanced Disclosure and Barring Service check on a three year cycle; any
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concerns that arise from such checks to be referred to the Independent Chair.
13.2. Representatives from Devon and Cornwall Police will not be required to undergo DBS checks due to the high level of vetting undertaken within the agency.
14. Local Reviews and associated duties
14.1. Serious child safeguarding cases are those in which:
abuse or neglect of a child is known or suspected and
the child has died or been seriously harmed
14.2. Where serious child safeguarding cases occur, local child safeguarding practice reviews provide the opportunity to identify improvements which should be made that will safeguard and promote the welfare of children and prevent or reduce the risk of recurrence of similar incidents. Reviews are not conducted to hold individuals, organisations or agencies to account.
14.3. The local authority must notify any event that meets the relevant criteria6 to the National Child Safeguarding Practice Review Panel within the prescribed time frame.
14.4. Local safeguarding partners are responsible for the arrangements for
identifying and reviewing serious safeguarding cases. They must:
identify serious child safeguarding cases which raise issues of importance, and
commission and oversee the review of those cases, where they consider it appropriate for a review to be undertaken
14.5. The decision to carry out a local child safeguarding practice review is taken through a Rapid Review process, which considers whether the case meets the following criteria7:
14.6. highlights or may highlight improvements needed to safeguard and
promote the welfare of children, including where those improvements have been previously identified
highlights or may highlight recurrent themes in the safeguarding and promotion of the welfare of children
highlights or may highlight concerns regarding two or more organisations or agencies working together effectively to safeguard and promote the welfare of children
is one which the Child Safeguarding Practice Review Panel have considered and concluded a local review may be more appropriate
6 16C(1) of the Children Act 2004 (as amended by the Children and Social Work Act 2017)
7 The Child Safeguarding Practice Review and Relevant Agency (England) Regulations 2018
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This does not preclude conducting reviews where the definition of a ‘serious child safeguarding case’ is not met; where local issues of importance are raised, a local review may still proceed.
14.7. The Rapid Review process requires the involvement of all relevant safeguarding partners who will provide facts about the case and agree what steps should be taken next, including whether or not to undertake a local child safeguarding practice review. The partners are responsible for notifying the National Panel of their decision.
14.8. An appointed panel of OSCP representatives is responsible for the commissioning a reviewer and supervision of the review and, on completion, presentation to OSCP Board and recommendation around publication of the report. The partners are also responsible for providing the final report to the National Panel.
14.9. The responsibility of OSCP extends to ensuring that the learning
derived from the review is appropriately cascaded and implemented locally and that any early learning is communicated as soon as possible. All members of OSCP have a responsibility to ensure that lessons learned are shared within their own organisations and acted on appropriately.
15. Information Sharing
15.1. This partnership agreement will uphold the principles of the Information Sharing Protocol.
15.2. The Partners will follow and ensure that the arrangements comply
with:-
All legislation regulations and guidance on information sharing produced by the Government,
The principles of the Information Sharing Protocol. 15.3. In the context of the audit process of the SCB, the steps in Appendix 8
will be taken to ensure information is as secure as possible.
16. Child Death Overview Panel (CDOP)
16.1. In the South West Peninsula area, four neighbouring Safeguarding Boards (Cornwall and the Isles of Scilly, Devon, Plymouth and Torbay) have come together to form a single Peninsula CDOP. The South West Peninsula CDOP Office and the Child Death Enquiries Office at the University of Bristol together administer the functions of the Peninsula CDOP.
16.2. The Peninsula CDOP reviews information on every child resident within its geographical boundary. The Peninsula CDOP additionally reviews the
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deaths of some non-resident children, who die within the South West Peninsula area, where there is local learning to be identified.
16.3. The Independent Chair (SCP) and the Designated Doctor for Child
Protection (C&IoS) are OSCP representatives on the CDOP panel and the CDOP annual reports are shared with OSCP.
17. Financial Arrangements
17.1. The three safeguarding partners and relevant agencies for the local authority area should make payments towards expenditure incurred in conjunction with local multi-agency arrangements for safeguarding and promoting welfare of children.
17.2. The safeguarding partners will agree the level of funding secured from each partner, on an equitable and proportionate basis, and any contributions from each relevant agency to support the local arrangements.
17.3. The funding arrangements should be transparent to children and
families in the area. They must be sufficient to cover all elements of the safeguarding arrangements, including the cost of local child safeguarding practice reviews.
18. Publication of arrangements
18.1. The local safeguarding arrangements must be published and will include:
arrangements for the safeguarding partners to work together to identify and respond to the needs of children in the area, including the OSCP structure (Appendix 2)
arrangements for commissioning and publishing local child safeguarding practice reviews
arrangements for independent scrutiny of the effectiveness of the arrangements
Detail of the three local safeguarding partners, their partners and the geographic area which is covered.
how all early years settings, schools (including independent schools, academies and free schools) and other educational establishments will be included in the safeguarding arrangements
how any youth custody and residential homes for children will be included in the safeguarding arrangements
how the safeguarding partners will use data and intelligence to assess the effectiveness of the help being provided to children and families, including early help
how inter-agency training will be commissioned, delivered and monitored for impact and how they will undertake any multiagency and interagency audits
how the arrangements will be funded
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the process for undertaking local child safeguarding practice reviews, setting out the arrangements for embedding learning across organisations and agencies,
how the arrangements will include the voice of children and families
how the any local threshold criteria align with the safeguarding arrangements
19. Resolving Professional Differences (Conflict Resolution)
19.1. In the event of any disagreement between OSCP members this will be managed in line with the Resolving Professional Differences policy8 which provides a four-stage process for dispute resolution.
19.2. Intractable differences will be referred finally to Head of Service –
Practice Development and Standards, who will determine a course of action including reporting the matter to Our Safeguarding Children Partnership Independent Chair. Where lessons may be learned for future practice, consideration would be given to holding a multi-agency case review.
20. Complaints Procedure
20.1. The partnership Complaints Procedure is included at Appendix 7. Use
of the Complaints Procedure does not prejudice to the complainant’s right to use the statutory complaints procedure of individual agencies where applicable.
21. Dissolution
21.1. OSCB is a statutory partnership. If it becomes necessary to dissolve
the OSCP, all stakeholders will be informed in writing. A final report will be submitted to Cornwall Council and this report and all relevant paperwork will be held by Cornwall Council for a minimum period of three years.
21.2. The Cornwall and the Isles of Scilly Children’s Services Authorities may at any time, by giving not less than three months’ notice, terminate the Agreement that the Isles of Scilly is a member of the OSCP.
22. Advising Officers
22.1. The following Departments have been identified as being responsible
for the correct procedures being followed when drafting and annually reviewing this Partnership Agreement:-
Legal Department, Cornwall Council
8 Resolving Professional Differences (Conflict Resolution) Policy
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Finance Department, Cornwall Council
Internal Audit, Cornwall Council
23. Insurance
23.1. The independent chair will be insured under a separate insurance
policy against legal liabilities.
24. Signatories
24.1. Key Statutory Partners
On behalf of Cornwall Council Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of the Council of the Isles of Scilly Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of Devon and Cornwall Police (Cornwall and Isles of Scilly Basic Command Unit)
Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of Devon and Cornwall Police (Public Protection Unit) Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
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On behalf of NHS Kernow Clinical Commissioning Group Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
24.2. Safeguarding Partnership – Relevant Agencies
On behalf of Cornwall Partnership NHS Foundation Trust Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of the Royal Cornwall Hospitals NHS Trust Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of the South Western Ambulance Service NHS Foundation Trust Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….……………………………………… Signed: ………………………………………………………………………………………….
On behalf of the Cornwall Association of Primary Headteachers Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
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On behalf of the Cornwall Association of Secondary Headteachers Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of Cornwall College Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of Truro and Penwith College Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of the Children and Family Court Advisory and Support Service (CAFCASS)
Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of Cornwall Housing Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
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On behalf of the National Probation Service Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of the Voluntary and Community Sector Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of the Youth Offending Service Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of CSW Group Ltd Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
On behalf of the Dorset, Devon and Cornwall Community Rehabilitation Company
Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
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Lay Member Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
24.3. Children’s Safeguarding Partnership
Independent Chair Signed: …………………………………………………………………………………………. Name: …………………………………………………………………………………………. Position: …………………………………………………………………………………………. Date: ………………………………………………….………………………………………
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25. APPENDIX 1 - Meanings of Expressions
In this Agreement the words or expressions listed have the meanings given to them “Annual plan” means the plan agreed by the Board setting out
its planned work activities for the next following financial year
“Board” means The Cornwall and Isles of Scilly
Safeguarding Children Partnership Board “Budget” means the Budget or financial arrangements
agreed by the Board “Chair” means the person identified by that or any other
job title appointed from time to time “Guidance” means any guidance, code of practice, direction
or similar publication issued by the Government or any agency of the Government
“Lead Representative or Representatives” means a person or persons as identified in
accordance with Paragraph 4.1 “Member or Members” means an organisation or individual acting in a
representative capacity and any other person invited to be a member of the Board
National Panel means the ‘National Child Safeguarding
Practice Review Panel’ “Parties” means the agencies listed in Paragraph 2 “Responsibilities” means the functions and responsibilities set out
in the SCB Code of Practice and Members’ Responsibilities Forms
“Safeguarding and promoting the welfare means the definition used by “Working of Children” Together to Safeguard Children 2018” “OSCP Sub Groups” means the subsidiary groups of the Partnership
as identified in Appendix 2 “Substitute” means an individual or individuals nominated by
the Agency who may attend in place of a member not more than twice in a twelve month period
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26. APPENDIX 2 - Structure of the local safeguarding arrangements
QA & Perform. Group
QA & Scrutiny panel
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27. APPENDIX 3 - OSCP Code of Practice, including Members’ Responsibilities
Forms
CODE OF PRACTICE
This code of practice should be read in conjunction with the Partnership Agreement and the board and sub-group terms of reference. 1 Relations between Partners
Each partner will take all measurable steps to co-operate with the Partnership and with the Chair in relation to their responsibilities under the Partnership Agreement, in order to achieve the objectives and facilitate the functions of the Partnership.
Each partner will:
Treat each other with respect, dignity and equality; Be open with information about their performance insofar as it relates to their
functions and role within the Partnership and provide the Partnership with early information about relevant problems;
Co-operate to agree such joint projects, protocols or arrangements as may be required from time to time.
2 Roles and Responsibilities All Board and sub-group members will be expected to sign the relevant individual
members’ responsibilities declaration attached to this document.
3 Meeting Administration Any requests for agenda items to be notified to the administrator at least four
weeks before meetings. This should include a request to include the item in the ‘confidential’ section of the meeting if appropriate.
Three weeks before meetings draft agenda to be prepared by the administrator and approved by the Chair. (Board agendas also to be agreed with the Partnership Manager prior to discussion with the Chair.)
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All reports to be submitted on the appropriate reporting template and received by the administrator at least eight days before meetings for circulation with the agenda.
Agendas to be circulated no less than one week before meetings. All papers should be circulated with the agenda in advance of the meeting and not tabled at meetings unless agreed by the Chair.
Requests for observers to attend meetings should be submitted to the administrator and approved by the group Chair in advance of the meeting.
Chairs to take care that any confidential items are discussed and minuted separately.
Minutes and Action logs to be drafted, approved and circulated within two weeks of meetings.
5 Reporting Process Reporting process to be as follows:
Sub-groups to Board:
All sub-groups, with the exception of the Quality Assurance and Scrutiny Panel, will be expected to produce work plans, which will be updated and circulated quarterly to the Board with a report on progress.
Any specific issues requiring discussion and a decision by the Board to be added, as separate items, to the Board agenda by the sub-group Chair.
In addition, when Local Child Safeguarding Practice Reviews are being
undertaken, the Learning Group may be expected to report more frequently to the Board.
Board and sub-group members are responsible for cascading Safeguarding
Children Partnership information to their organisations and providing feedback to the Board, as appropriate.
Sub-group Chairs are expected to provide feedback to their sub-groups on relevant matters arising from Board meetings.
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INDIVIDUAL BOARD MEMBERS’ RESPONSIBILITIES
1.0 Purpose 1.1 To assume responsibility, with other members of Our Safeguarding Children
Partnership (OSCP), for working together as an inter-agency partnership to safeguard and promote the welfare of children and young people, in accordance with the Children and Social Work Act 2017 and Working Together 2018 Guidance.
2.0 Objectives 2.1 To contribute fully and effectively to the work of OSCP. 2.2 To contribute to developing and maintaining strong and effective inter-agency
safeguarding/child protection procedures and protocols. 2.3 To ensure that individual agencies provide adequate resourcing for local
safeguarding/child protection purposes. 2.4 To provide to OSCP performance management data in order that
safeguarding scrutiny processes can be put in place. 2.5 To abide by the Terms of Reference of OSCP Board.
3.0 Responsibilities of the Role 3.1 To represent own agency from a strategic standpoint and to prioritise and
attend meetings of OSCP Board on a regular basis, ensuring that any unavoidable absences are covered by an appropriate substitute.
3.2 To ensure agency resourcing and contribution to resourcing is adequate and appropriate.
3.3 To ensure decisions with regard to safeguarding made by the Board are enacted within own agency, as appropriate.
3.4 To ensure strategic agency issues relating to safeguarding are brought to the attention of the Board.
3.5 To have an overview of performance management and quality assurance regarding safeguarding within own agency and to provide information on child protection activity as required.
3.6 To provide agency representatives to work on OSCP sub-groups, as appropriate.
3.7 To be available to support and advise those sub-group members in own agency in relation to OSCP business, by having effective and regular communication mechanisms in place.
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3.8 To delegate staff with appropriate expertise from own organisation when any particular piece of OSCP business needs to be undertaken.
3.9 To maintain a clear focus on the safeguarding needs of children and young people.
3.10 To understand the roles and responsibilities of member agencies in protecting children and young people.
3.11 To maintain proactive engagement in the work of OSCP. 3.12 To recognise the implications of, and key issues involved in, multi-disciplinary
working. 3.13 To contribute positively to the development of joint working across partner
agencies as part of the work of OSCP. 3.14 To have a current enhanced DBS disclosure certificate. 3.15 To complete an annual register of interests form. 3.16 To attend induction and regular training as agreed by the Board. 3.17 To be a champion of safeguarding, even if this could potentially conflict with
own organisation.
4.0 Decision making authority 4.1 To respect and adhere to the decision making requirement as set out in
OSCP Board Terms of Reference.
5.0 Relationships 5.1 To promote and enhance effective working relationships with:
Own agency OSCP as a corporate body. Agency representatives on OSCP sub-groups.
6.0 Main Functions 6.1 To attend all meetings as arranged. 6.2 To prepare for meetings by reading minutes and associated papers; to attend
meetings equipped with relevant e-documents or papers. 6.3 If it is necessary to send a substitute, to ensure that the substitute is
adequately briefed, able to take decisions on behalf of own agency and responsible for fully de-briefing the Board member.
6.4 To have actioned any areas agreed at the previous meeting. 6.5 To discuss issues relevant to OSCP business within own agency and be
prepared to contribute from the agency standpoint. 6.6 Where more than one Board member represents their agency, to have
effective communication mechanisms in place. 6.7 To be willing to offer a representative view from own area of work and/or
organisation to discussions. 6.8 To establish a process for the way decisions taken by the Board are fed in to
own agency/organisation ensuring that processes are in place for implementation.
6.9 To provide information within own agency, increase awareness of the role and responsibilities of OSCP and ensure the agency adheres to these.
6.10 To provide agency specific information to OSCP, as required, by producing or ensuring the production of reports to/from agency/organisation as appropriate
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(e.g. report of monitoring of standards of safeguarding/child protection practice within agency).
6.11 To meet deadlines as agreed by OSCP. 6.12 To accept shared responsibility for the satisfactory completion of OSCP’s
work programme, by undertaking tasks as appropriate, including participation in sub-groups (or fielding of staff to participate in sub-groups where relevant).
6.13 To ensure agency resources are made available for Rapid or Local Safeguarding Practice Reviews, as required, including representatives for the Panel and the provision of appropriate information and reports.
6.14 To take back into own agency/organisation policy issues and developments and ensure that processes are in place for implementation.
6.15 To contribute to the development of policy, on behalf of own agency/organisation (therefore members are required to be familiar with the “position” the agency/organisation holds on issues).
6.16 To establish effective systems for internal agency briefing or liaison within own profession about views on safeguarding/child protection matters.
6.17 To contribute to the annual OSCP Plan, Annual Report, Partnership Agreement and other management documents, as appropriate.
6.18 To assist in the annual budget setting process. 6.19 To review the membership of OSCP and ensure that it is both representative
and effective. 6.20 To respect confidentiality of sensitive information provided by the constituent
agencies of OSCP. 6.21 To participate in consultation and decision making on individual case issues
as set out in OSCP procedures. Signed: ……………………………………….……………………… Name (please print): …………...…………………………………………… Agency: ……………………………….……………………………… Date: …………………………… …………………………………
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INDIVIDUAL SUB-GROUP MEMBERS’ RESPONSIBILITIES
1.0 Purpose 1.1 To assume responsibility, with other members of Our Safeguarding Children
Partnership (OSCP), for working together as an inter-agency partnership to safeguard and promote the welfare of children and young people, in accordance with the Children and Social Work Act 2017 and Working Together 2018 Guidance.
2.0 Objectives 2.1 To contribute fully and effectively to the work of OSCP and its sub-groups. 2.2 To contribute to developing and maintaining strong and effective inter-agency
safeguarding/child protection procedures and protocols. 2.3 To provide to OSCP performance management data in order that
safeguarding scrutiny processes can be put in place. 2.4 To abide by the Terms of Reference of the relevant Partnership sub-group.
3.0 Responsibilities of the Role 3.1 To prioritise and attend meetings of the sub-group on a regular basis,
ensuring that any unavoidable absences are covered by an appropriate substitute, where possible.
3.2 To maintain a clear focus on the safeguarding needs of children and young people.
3.3 To understand the roles and responsibilities of member agencies in protecting children and young people.
3.4 To maintain proactive engagement in the work of the sub-group. 3.5 To recognise the implications of, and key issues involved in, multi-disciplinary
working. 3.6 To contribute positively to the development of joint working across partner
agencies as part of the work of OSCP and its sub-groups. 3.7 To have a current enhanced DBS disclosure certificate. 3.8 To attend induction and regular training as agreed by the Board. 3.9 To be a champion of safeguarding, even if this could potentially conflict with
own organisation.
4.0 Decision making authority 4.1 To respect and adhere to the decision making requirement as set out in the
sub-group Terms of Reference.
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5.0 Relationships 5.1 To promote and enhance effective working relationships with:
Own agency Agency representatives on the other Partnership sub-groups.
6.0 Main Functions 6.1 To attend all meetings as arranged. 6.2 To prepare for meetings by reading minutes and associated papers; to attend
meetings equipped with relevant e-documents or papers. 6.3 If it is necessary to send a substitute, to ensure that the substitute is
adequately briefed, able to take decisions on behalf of own agency and responsible for fully de-briefing the sub-group member.
6.4 To have actioned any areas agreed at the previous meeting. 6.5 To discuss issues relevant to OSCP business within own agency and be
prepared to contribute from the agency standpoint. 6.6 Where more than one sub-group member represents their agency, to have
effective communication mechanisms in place. 6.7 To be willing to offer a representative view from own area of work and/or
organisation to discussions. 6.8 To meet deadlines as agreed by OSCP Board or the sub-group. 6.9 To accept shared responsibility for the satisfactory completion of the sub-
group work programme, by undertaking tasks as appropriate, including participation in task and finish groups.
6.10 To contribute to the development of policy, on behalf of own agency/organisation (therefore members are required to be familiar with the “position” the agency/organisation holds on issues).
6.11 To respect confidentiality of sensitive information provided by the constituent agencies of OSCP.
Signed: ……………………….……………………………………… Name (please print): …………………………………...…………………… Agency: …………………………………….………………………… Date: …………………………………….…………………………
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28. APPENDIX 4 - OSCP Terms of Reference
OUR SAFEGUARDING CHILDREN PARTNERSHIP (OSCP) BOARD TERMS OF REFERENCE
Chair: John Clements, Independent Chair
Vice Chairs: Trevor Doughty, Strategic Director for Children, Families and
Adults, Cornwall Council Aisling Hick, Senior Manager - Services to Our Community,
Council of the Isles of Scilly
Membership: Cornwall Association of Primary Headteachers Cornwall Association of Secondary Headteachers Cornwall Council:
Lead Member for Children’s Services (participant observer)
Service Director for Children and Family Services
Service Director for Education and Early Years
Strategic Director for Children, Families and Adults Cornwall Partnership Foundation Trust – Executive Nurse Council of the Isles of Scilly:
Lead Member for Children’s Services (participant observer)
Senior Manager - Services to Our Community Devon and Cornwall Police:
Basic Command Unit Commander
Public Protection Unit Superintendent Further Education Colleges NHS Kernow – Executive Safeguarding Lead Quality Assurance and Scrutiny Panel Lay Member (silent
observer) Royal Cornwall Hospitals Trust – Executive Safeguarding
Lead Safeguarding Partnership Manager Safer Cornwall Partnership – Chair Sub-Group Chairs:
Learning Group Chair
Missing and Sexual Exploitation Group Chair
Quality Assurance and Scrutiny Panel Independent Chair Plus Legal Adviser (Cornwall Council) to be available when
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required.
Frequency: Six-weekly
Quoracy: In order that a meeting is quorate, either the Chair or Vice Chair must be in attendance, plus at least one representative from each of the four safeguarding partners, namely Cornwall Council, the Council of the Isles of Scilly, the Clinical Commissioning Group (CCG) and the Police. In the event that Isles of Scilly representatives are unable to attend due to adverse weather conditions, a meeting will be considered quorate with either the Chair or Vice Chair in attendance plus at least one representative from Cornwall Council, the CCG and the Police. Such a meeting will not make decisions on any issues relating specifically to the Isles of Scilly.
Deputies: In case of absence, all members shall provide one consistent nominated deputy.
The Children and Social Work Act 2017 specifies arrangements under sections 16-23 that abolish the Local Safeguarding Children Board (LSCB) and replace it with a new set of arrangements led by a team of ‘safeguarding partners’, namely: the local authority, a clinical commissioning group for an area any part of which falls within the local
authority area, the chief officer of police for a police area any part of which falls within the local
authority area. Aims and Objectives Under the revised Children Act 2004 Section 16E (as amended by Section 16 of the Children and Social Work Act 2017): The safeguarding partners for a local authority area in England must make
arrangements for: (a) the safeguarding partners, and (b) any relevant agencies that they consider appropriate to work together in exercising their functions, so far as the functions are
exercised for the purpose of safeguarding and promoting the welfare of children in the area.
The arrangements must include arrangements for the safeguarding partners to
work together to identify and respond to the needs of children in the area.
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‘Relevant agency’, in relation to a local authority area in England, means a
person who:
(a) is specified in regulations made by the Secretary of State, and (b) exercises functions in that area in relation to children.
Safeguarding and promoting the welfare of children is defined by “Working Together to Safeguard Children 2015” as: 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 outcomes Governance Arrangements OSCP for Cornwall and Isles of Scilly will have strong links with other partnerships including:
Cornwall and Isles of Scilly Community Safety Partnerships
Cornwall and Isles of Scilly Health and Wellbeing Boards
Cornwall Domestic Violence Forum
Isles of Scilly Children’s Trust Board
Multi-Agency Public Protection Arrangements (MAPPA)
One Vision Partnership
South West Peninsula SCPs. OSCP for Cornwall and Isles of Scilly will progress its work with the assistance of sub groups comprising: Learning Group Missing and Exploitation Group Quality Assurance and Scrutiny Panel CSA Sub-group OSCPB will oversee the work of these sub-groups and hold them to account and, if appropriate, give consideration to the need for additional sub-groups, working or task and finish groups to enable it to undertake its work effectively. The OSCP will also set up three reference groups. (i) Safeguarding Practitioners
Agency safeguarding leads to co-ordinate and report back into the Safeguarding Partnership support team.
Senior Manager, Safeguarding Children Standards Unit, to co-ordinate a bi-annual meeting of safeguarding practitioners to discuss policy, practice
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guidance, disseminating learning and other key issues in safeguarding children.
(ii) Children and Young People
Safeguarding Partnership to co-ordinate with the support of the Children’s Rights Officer
to comment on policy and other key issues relevant to the lived
experiences of children and young people, and
to aid the partnership in appropriate communication to and with children
and young people
(iii) Parents and Carers
Through existing groups/forums. Functions will include the review and development of policy and practice guidance, dissemination of learning, agreeing a multi-agency approach around specific areas of risk/practice, responding to national/local issues and reviewing agency compliance. The reference groups will be encouraged to table agenda items and present at the relevant sub group or Board. Involvement of Other Agencies and Groups All organisations will be invited to attend an annual Review and Planning Conference involving chief officers, safeguarding leads, sub group members and reference group members. The purpose of this annual meeting will be to ‘look back’ at what has been achieved over the year and to ‘look forward’ to what needs to be achieved in the year ahead, setting priority actions for the business plan. Other Activities OSCP, where appropriate, may determine to promote individual initiatives with partner organisations, for example in relation to domestic violence or bullying. Its role is co-ordinating and ensuring the effectiveness of what its member organisations do, and contributing to broader planning, commissioning and delivery. OSCP is not an operational body that is expected to deliver services directly to children, young people or their families. Structure of the Partnership and Conduct of Meetings
OSCP for Cornwall and Isles of Scilly will meet at least eight times in each year.
OSCP for Cornwall and Isles of Scilly will be chaired by the Independent Chair. In his absence, this role will be taken by one of the Vice Chairs.
Wherever possible OSCP for Cornwall and Isles of Scilly will make any decisions/recommendations on the basis of a consensus of agreement between all parties present.
Where a decision on a matter is necessary and no consensus exists, the decision will be taken by a simple majority on a show of hands of the statutory members present. In the event of an equality of votes the Chair will hold the casting vote
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(but it is not the intention of OSCP for Cornwall and Isles of Scilly that the casting vote will be utilised unless it is unavoidable).
Authority
Each partner organisation will authorise its representative to make decisions at OSCP meetings.
All partners commit themselves to be actively involved in the decision making processes and ensure they contribute to the annual work plan of OSCP for Cornwall and Isles of Scilly.
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29. APPENDIX 5 - Sub-Group Terms of Reference (links to webpages)
The Terms of Reference of the subgroups are available on OSCP website, where they will be regularly maintained and updated.
Learning Group
Missing and Exploitation Group Quality Assurance and Performance Group and Scrutiny Panel CSA Sub-group Neglect Sub- Group (link to follow)
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30. APPENDIX 7 - Our Safeguarding Children Partnership (OSCP) for Cornwall and the Isles of Scilly - Complaints Policy and OSCP Procedure
1. Introduction and Context 1.1 The aim of this policy is to outline the criteria for complaints to be considered by Our
Safeguarding Children Partnership (OSCP), and how OSCP will deal with such complaints.
1.2 OSCP’s role is to co-ordinate and ensure the effectiveness of what its member
organisations do in respect of safeguarding children, and contribute to broader planning, commissioning and delivery in this regard (Working Together, 2018). OSCP is not an operational body, nor one that delivers services directly to children, young people and their families. Therefore complaints about individual officers or specific service delivery are addressed by each Agency’s complaints procedure and do not come within the remit of OSCP.
1.3 Complaints about individual agencies, their performance and provision (or non-
provision) of services should be responded to in accordance with the relevant agency’s complaints handling process.
2. Policy detail 2.1 OSCP is only able to consider complaints which fall into one of two categories: i) A complaint about OSCP
ii) A complaint about any aspect of multi-agency child protection services 3. Complaints regarding OSCP 3.1 Complaints regarding OSCP, with respect to fulfilling its statutory responsibilities, will
be considered in the first instance by the OSCP Manager and/or Independent Chair to consider the appropriateness of the complaint and whether it can be resolved informally. Single agency concerns will be referred back to relevant agency. (Flowchart 1)
3.2 Procedure for complaint investigation and resolution
Where complaints remain unresolved, the OSCP manager will refer the complaint on to OSCP Key Partners9, who will identify an investigator within 5 days to consider and report as to whether the statutory protocols and procedures have been appropriately followed. On completion of the investigation, OSCP partners will provide a formal response within 25 working days or otherwise will communicate realistic target dates with clear reasons for any delays. (Flowchart 2) All complaints will be monitored by the Quality assurance and performance subgroup.
3.3 Investigations will proceed in a timely manner, offering sufficient independence, scrutiny and governance to ensure the integrity of the process and any outcomes. The core principle of openness and transparency will be applied, in accordance with the role and functions of the Partnership and its constituent members.
9 Local Authority, Clinical Commissioning Group, Devon & Cornwall Police.
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4. Complaints regarding Multi-Agency Child Protection services 4.1 Complaints about any aspect of multi-agency working will be received and
acknowledged by the OSCP Manager. These will initially be addressed with the relevant staff members for resolution, or will be referred back to the relevant agency in the case of single agency concerns. (STAGE 1)
4.2 Local Resolution - Where consideration of a complaint identifies specific concerns regarding multi-agency working, this will be referred to the relevant Service Heads who will, in the first instance, consult with the appropriate professionals in an attempt to resolve the complaint informally. (STAGE 2)
4.3 Where complaints remain unresolved, the OSCP manager will refer the complaint to
OSCP Key Partners, who will identify an investigator within 5 days. The nominated investigator will explore the complaint within 35 working days (or otherwise will communicate realistic target dates with clear reasons for any delays) and report findings to the Key Partners. (STAGE 3)
4.4 A recommendation will be provided by the Key Partners to the Independent Chair in the role of adjudicator, who will consider the recommendation and refer his final decision back to the appropriate agencies. (STAGE 4)
5. Complaints which will not trigger OSCP involvement 5.1. These procedures will not apply when:
The complaint is in regard to a single agency issue, or to a specific person in relation to a specific case;
The complaint is about the decisions made by a court or other legal body;
The complaint is about disciplinary proceedings or other Human Resources processes;
The same complaint has already been dealt with at all stages of the procedure. 5.2. OSCP will not investigate complaints that involve individual officers of member
organisations; these will always be referred back to the appropriate organisation. OSCP does not have managerial or operational responsibility for individual organisation personnel.
5.3. OSCP will not look at complaints where there has been a ruling made by the Local Government Social Care Ombudsman (LGSCO) or equivalent body. In these circumstances the complainant will be advised to consider the LGSCO Appeal Process or equivalent body.
5.4. OSCP will not consider complaints against member organisations where the
complainant is dissatisfied with the outcome. In these circumstances the complainant will be referred back to the appropriate organisation.
5.5. Case specific child protection/safeguarding complaints.
Where consideration of a complaint leads to concerns about the welfare of children or the management of a specific case, these must be referred to the appropriate organisation.
Complaints about the child protection and safeguarding work of individual agencies, their performance and the provision or non-provision of services should be handled in line with the particular agency’s complaints process.
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Staged Complaints Procedure
1. Complaints regarding OSCP
2. A complaint about any aspect of multi-agency child protection services
Local resolution – Complaint unresolved; copy of Raising Concerns procedure
provided; formal record of the complaint to OSCP Board Manager for onward referral to Service Heads to seek resolution
No Further action
Investigation – Complaint not able to be resolved informally
so referred to OSCP key partners who will identify investigator within 5 days
Investigation
proceeds
Investigation 2 – Nominated investigator explores complaint within
35 working days and reports findings to OSCP key partners
Investigation 3 – Nominated investigator explores complaint within 35 working
days and reports findings to OSCP key partners, who will make a recommendation to the Independent Chair, as adjudicator.
Conclusion – Independent Chair, as adjudicator, considers recommendation
and refers his final decision back to the appropriate agencies.
Investigation
proceeds
Communication of findings
Learning and
change
Complaint received – a) Concern/complaint acknowledged, addressed with relevant staff member/ senior and resolved.
b) Single agency concern referred back to relevant agency
No Further action
STAGE 1
STAGE 2
STAGE 3a
STAGE 3c
STAGE 3b
STAGE 4
Co
nce
rns/ issu
es u
nreso
lved, case escalate
d
Complaint received – a) Concern/complaint acknowledged, addressed with relevant staff member/ senior and resolved.
b) Single agency concern referred back to relevant agency
No Further action
1
Local resolution – Complaint unresolved; formal record of the complaint to
OSCP Board Manager for onward referral to OSCP Key Partners; formal response within 25 days.
Communication of findings findings
2
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31. APPENDIX 8 - Information Sharing Guidance note (4)
CONTEXT Working Together (2018) Information sharing is key to the Government’s goal of delivering better, more efficient public services that are co-ordinated around the needs of the individual. It is essential to enable early intervention and preventative work for safeguarding and promoting welfare and for wider public protection. Information sharing is a vital element in improving outcomes for all. Effective information sharing underpins integrated working and is a vital element of both early intervention and safeguarding. The cross-government guidance ‘Information Sharing: Guidance for practitioners and managers’ and associated training materials provides advice on when and how frontline practitioners can share information legally and professionally. The guidance also covers how organisations can support practitioners and build their confidence in making information sharing decisions. It is intended for practitioners and managers who have to make decisions about sharing personal information on a case by case basis in all services and sectors, whether they are working with children, young people, adults or families. It is also for those who support these practitioners and managers and for others with responsibility of information governance. It should be read in conjunction with any specific organisational or professional guidance.
Actions Agreed Manager Responsible
All staff to understand information sharing guidance Myth buster on data protection • The Data Protection Act 1998 is not a barrier to sharing information but provides a framework to ensure that personal information is shared appropriately. • Data protection law reinforces common sense rules of information handling. It is there to ensure personal information is managed in a sensible way. • It helps us strike a balance between the many benefits of public organisations sharing information, and maintaining and strengthening safeguards and privacy of the individual. • It also helps us balance the need to preserve a trusted relationship between practitioner and client with the need to share information to benefit and improve the life chances of the client or protect the public.
All OSCP Partners and practitioners
All staff to understand information sharing guidance
All OSCP Partners and practitioners
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Seven golden rules for information sharing 1. Remember that the Data Protection Act is not a barrier to sharing information but provides a framework to ensure that personal information about living persons is shared appropriately. 2. Be open and honest with the person (and/or their family where appropriate) from the outset about why, what, how and with whom information will, or could be shared, and seek their agreement, unless it is unsafe or inappropriate to do so. 3. Seek advice if you are in any doubt, without disclosing the identity of the person where possible. 4. Share with consent where appropriate and, where possible, respect the wishes of those who do not consent to share confidential information. You may still share information without consent if, in your judgement, that lack of consent can be overridden in the public interest. You will need to base your judgement on the facts of the case. 5. Consider safety and well-being: Base your information sharing decisions on considerations of the safety and well-being of the person and others who may be affected by their actions. 6. Necessary, proportionate, relevant, accurate, timely and secure: Ensure that the information you share is necessary for the purpose for which you are sharing it, is shared only with those people who need to have it, is accurate and up-to-date, is shared in a timely fashion, and is shared securely. 7. Keep a record of your decision and the reasons for it – whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose. The ‘ Seven Golden Rules’ and the following Questions 1- 7 will help support your decision making so you can be more confident that information is being shared legally and professionally. If you answer ‘not sure’ to any of the questions, seek advice from your supervisor, manager, named or designated person within your organisation or area, or from a professional body. 1. Is there a clear and legitimate purpose for sharing information? Why do you or the other person want the information? What is the outcome you are trying to achieve? Could the aims be achieved without sharing the information? Golden rule Remember that the Data Protection Act is not a barrier to sharing information but provides a framework to ensure that personal information about living persons is shared appropriately. 2. Does the information enable a living person to be identified?
All OSCP Partners and practitioners
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If the information is about an identifiable living individual, or could enable a living person to be identified when considered with other information, it is personal information and is subject to data protection law. This is likely to be the case in the course of your work. You should be open about what information you might need to share and why.
However, it may not be appropriate to inform a person that information is being shared, or seek consent to this sharing. This is the case if informing them is likely to hamper the prevention or investigation of a serious crime, or put a child at risk of significant harm or an adult at risk of serious harm.
Golden rule Be open and honest with the person (and/or their family where appropriate) from the outset about why, what, how and with whom information will, or could be shared, and seek their informed consent, unless it is unsafe or inappropriate to do so. 3. Is the information confidential? Not all information is confidential. Confidential information is information of a private or sensitive nature that is:
not already lawfully in the public domain or readily
available from another public source; and
has been provided in circumstances where the person giving the information could reasonably expect that it would not be shared with others.
Golden rule Seek advice if you are in any doubt, without disclosing the identity of the person where possible. 4. Do you have consent to share? You should seek consent where possible and respect the
wishes of those who do not consent to share confidential information. You may still share information without consent if, in your judgement on the facts of the case, that lack of consent can be overridden in the public interest.
You do not always need consent to share personal information. There will be some circumstances where you should not seek consent, for example, where doing so would:
place a child at increased risk of significant harm; or;
place an adult at increased risk of serious
harm; or
prejudice the prevention, detection or prosecution of a serious crime; or
lead to unjustified delay in making enquiries about allegations of significant harm or serious harm
Golden rule Share with consent where appropriate and, where possible, respect the wishes of those who do not consent to share
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confidential information. You may still share information without consent if, in your judgement, that lack of consent can be overridden in the public interest. You need to base your judgement on the facts of the case. 5. Is there sufficient public interest to share the information? Even where you do not have consent to share confidential
information, you may lawfully share if this can be justified in the public interest. Where consent cannot be obtained or is refused, or where seeking it is unsafe or inappropriate (as explained at Question 4), the question of whether there is a sufficient public interest must be judged by the practitioner on the facts of each case. A public interest can arise in a wide range of circumstances.
Where you have a concern about a person, you should not regard refusal of consent as necessarily to mean that you cannot share confidential information.
In making the decision you must weigh up what might happen if the information is shared against what might happen if it is not, and make a decision based on professional judgement.
Golden rule Consider safety and well-being: Base your information sharing decisions on considerations of the safety and well-being of the person and others who may be affected by their actions. 6. Are you sharing information appropriately and securely? Only share what is necessary to achieve the purpose,
distinguishing clearly between fact and opinion. Share only with the person or people who really need to know
the information. Make sure the information is accurate and up-to date. Understand the limits of any consent given and especially if the
information has been provided by a third party. Check who will see the information and share the information in
a secure way. For example, confirm the identity of the person you are talking to; ensure a conversation or phone call cannot be overheard; use secure email; ensure that the intended person will be on hand to receive a fax.
Establish with the recipient whether they intend to pass it on to other people and ensure that they understand the limits of any consent that has been given.
Inform the person to whom the information relates that you are sharing the information, if it is safe to do so, and if you have not already told them that their information may be shared.
Golden rule Necessary, proportionate, relevant, accurate, timely and secure: Ensure that the information you share is necessary for the purpose for which you are sharing it, is shared only with those people who need to have it, is accurate and up-to-date, is shared in a timely fashion, and is shared securely. 7. Have you properly recorded your information sharing decision? Record your information sharing decision and your reasons,
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including what information you have shared and with whom, following your agency’s arrangements for recording information and in line with any local information sharing procedures in place.
If, at any stage, you decide not to share information, you should record this decision and the reasons for it.
Golden rule Keep a record of your decision and the reasons for it – whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose
Agency staff can hold professional meetings to share information and agree how they are going to work together to promote the welfare of and safeguard a child without a social worker being involved at Level 2 - Additional Needs where parents/carers and/or young people have declined to be part of the Common Assessment Framework process. Any agency can convene an information sharing professional meeting as long as they have informed parents/carers and/or young people what their concerns are and why there is a need to meet with other professionals to share information.
OSCP Members to communicate to all staff
John Clements Independent Chair Our Safeguarding Children Partnership for Cornwall and the Isles of Scilly October 2011 Last updated October 2018
