Safeguarding is the practice of protecting an individual's human rights, health and wellbeing, so that they can live free from abuse, neglect or harm. Safeguarding is vital across many industries, but especially that of health and social care, and across childcare sectors.
Safeguarding children means promoting their welfare and protecting them from factors that could negatively impact their development or health. Safeguarding adults means protecting their human right to life, and ensuring their wellbeing is promoted so they can live free from neglect and abuse, and in safety – with their wishes, feelings and opinions honoured.
In the context of health and social care and UK law, safeguarding refers to the set of measures and actions aimed at protecting the well-being, rights and dignity of individuals who may be at risk of harm or abuse.
Safeguarding applies to vulnerable adults, children and other people who may be receiving care or support services. Safeguarding involves a range of protective measures that are designed to identify and prevent physical, emotional and sexual abuse, as well as financial abuse, discrimination, neglect and exploitation.
Safeguarding is a legal duty and obligation under UK law for all organisations and professionals involved in the health and social care sector. This includes employers, care providers, healthcare professionals, social workers, teachers and voluntary workers. Legislation such as the Care Act 2014, the Children Act 1989 and 2004, and the Mental Capacity Act 2005 outline specific responsibilities and frameworks for safeguarding vulnerable individuals.
Safeguarding involves taking steps including risk assessment, training and implementing policies and procedures to protect individuals. It also involves working with relevant agencies and local authorities, and responding quickly and effectively to concerns or incidents of abuse. Correct safeguarding practices create safe working and living environments, and promote the rights and health of individuals.
For instance, in November 2023, British Gymnastics banned coaches from weighing gymnasts as part of new safeguarding rules, after the 2022 Whyte Review found that emotional and physical abuse was 'systemic', with athletes having their bags searched for food in order to manage their weight. This is an instance of a lack of effective safeguarding, caused by a lack of fixed safeguarding rules and regulations in British Gymnastics to protect athletes' mental health and to prevent abuse.
Understanding the following legislation is important for HR professionals and organisations in the health and social care sectors, so that they can uphold the highest standards of safeguarding.
A safeguarding concern occurs when there is a suspicion that a vulnerable child or adult is at risk of harm. This can take the form of a suspicion, allegation, or indication that an individual may be at risk of abuse, neglect, exploitation or discrimination. Safeguarding concerns can stem from physical signs, behaviours, a disclosure of information from the affected individuals, or reports of incidents. The concerns can be related to physical, emotional, sexual, financial, or psychological well-being. They may involve potential harm from caregivers, family members, peers, or others in positions of trust.
In health and social care settings, identifying and responding to safeguarding concerns is essential to protect the rights and safety of vulnerable people. Swift, appropriate action is needed as soon as safeguarding concerns come to light. The concerns should be reported to social services or relevant authorities to mitigate risks and ensure the victim's well-being.
Examples of safeguarding concerns include:
The following are examples of poor performance in safeguarding:
A safeguarding policy should include:
A safeguarding investigation needs to follow a thorough procedure. Here are some of the steps typically involved:
Designate a trained safeguarding lead within your company to oversee the investigation. They should be a neutral party with no conflict of interest. Record all initial information and observations regarding the concern and take steps to ensure safety of the individuals involved.
A risk assessment will evaluate the level of risk posed to the vulnerable individuals, and will determine the severity of the situation. The assessment should include safety concerns, as well as the nature and frequency of the abuse.
Take statements from the individuals involved, witnesses, and any relevant documentation or records. Ensure the utmost confidentiality during this process.
Report the safeguarding concern to the appropriate local authority as per legal requirements. Individuals involved may also need to be referred for further support such as counselling, legal help or medical assistance.
Following established policies and procedures, investigate and assess any factors that may have caused or affected the safeguarding concern. Interview relevant staff and examine any documentation to get a good understanding of the context. Let the investigation determine the appropriate course of action, including disciplinary measures, changes to policies and procedures, etc. Inform all stakeholders of the investigation outcome.
If an employer has to follow disciplinary proceedings following a safeguarding concern, a disciplinary hearing should take place. This hearing will enable all sides to present their case before a decision is made.
Before the meeting, the employer should:
During the meeting, the employer should discuss the alleged misconduct or performance issue and present all evidence to support it. The employee should be given an opportunity to respond to the allegations to present their own evidence and witnesses. The employee's companion can also speak on their behalf and take notes.
Take time to consider the case before making a decision, including the seriousness of the case and the employee's work record. Keep written records of everything, as the employee has a right to appeal the decision.
Our team of professionals at Neathouse Partners can answer any questions you may have about safeguarding laws. We can help your organisation to create a robust safeguarding policy, and advise on safeguarding investigations and disciplinary hearings.
Get in touch by calling 0333 041 1094 today or use our contact form.