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1.4.5 Child Protection and Safeguarding Policy in Relation to Licensed Premises

Section 3, Definitions has been amended to reflect the changed definitions of Emotional Abuse and Sexual Abuse in Working Together to Safeguard Children 2010.


Contents

  1. Introduction
  2. Statement
  3. Definitions
  4. Examples of Abuse or Abusive Situations
  5. Responsibilities
  6. Role of Named Worker
  7. Allegations of Physical Injury or Neglect
  8. Allegations of Sexual Abuse
  9. What to do if you Suspect That Abuse is or may Have Occurred in Which an Employee was Involved
  10. Safety Matters
  11. Training
  12. Appointment of Workers


1. Introduction

The Licensing Act 2003 transferred the Licensing Magistrates' duties to Local Authorities. Croydon Council is therefore responsible for granting premises licences, club premises certificates, temporary events notices and personal licences in the borough in respect of the sale and/or supply of alcohol entertainment and late night refreshments.

The 2003 Act requires that the Council carries out its various licensing functions so as to promote the following

  • the prevention of crime and disorder
  • public safety
  • the prevention of public nuisance
  • the protection of children from harm

The Council has a responsibility to check on licensed premises to ensure that the protection of children is paramount in those premises to which children have access.


2. Statement

Extended licensing has lead to a greater number of children and young people on licensed premises.  All members of the public and licensees should take seriously their responsibility to protect and safeguard the welfare of children and young people with whom they come into contact.


3. Definitions

3.1

The definitions of the various categories of abuse as set out in Working Together to Safeguard Children (2010) are as follows:


Physical Abuse

Physical Abuse is a form of Significant Harm which may involve including hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent fabricates the symptoms of, or deliberately induces illness in a child.


Emotional Abuse

The following definition is taken from Working Together to Safeguard Children 2010, paragraph 1.34.

Emotional abuse is a form of Significant Harm which involves the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child's emotional development.

It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or "making fun" of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children.

These may include interactions that are beyond the child's developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyberbullying) causing children frequently to feel frightened or in danger, or the exploitation or corruption of children.

Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.


Sexual Abuse

The following definition is taken from Working Together to Safeguard Children 2010, paragraph 1.35.

Sexual abuse is a form of Significant Harm which involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing.. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the Internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.


Neglect

Neglect is a form of Significant Harm which involves the persistent failure to meet a child's basic physical and/or psychological needs, likely to result in the serious impairment of the child's health or development.

Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to provide adequate food and clothing, shelter including exclusion from home or abandonment, failing to protect a child from physical and emotional harm or danger, failure to ensure adequate supervision including the use of inadequate care-takers, or the failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child's basic emotional needs.

(A child may suffer more than one category of abuse).


3.2

Organised Abuse

  Organised or multiple abuse may be defined as abuse involving one or more abuser and a number of related or non-related abused children and young people. The abusers concerned may be acting in concert to abuse children, sometimes acting in isolation, or may be using an institutional framework or position of authority to recruit children for abuse. Organised or multiple abuse may be defined as abuse involving one or more abuser and a number of related or non-related abused children and young people.


4. Examples of Abuse or Abusive Situations

  • Underage drinking
  • A parent/carer who is drunk whilst in charge of a child
  • Violence directed towards a child/young person
  • Children and young people involved in sexual exploitation including prostitution
  • Attempts to involve a child or young person in sexual activities or prostitution
  • Entertainment of an adult or sexual nature in the presence of a child or young person
  • Drug taking/dealing in the presence of a child or young person
  • Inappropriate relationships with peers and /or adults
  • Drink spiking
  • Employees abuse of a child or young person

Because of the wide range of premises and types of abuse, this list is not exhaustive


5. Responsibilities

The licensee has a number of responsibilities including:

  • Ensuring that any employees employed to work with children and young people or who come into contact with children and young people are given support and training
  • Having a system for dealing with concerns about possible abuse
  • Maintaining good links with the statutory child care authorities
  • Supervision of activities on the premises
  • Responding to incidents of abuse, including those involving members of staff
  • Carrying out the necessary checks on employees
  • Having a strict proof of age policy
  • Developing working practices that minimise unobserved contact with children and young people.


6. Role of of Named Worker

It is useful to identify a worker who can take a lead role for child protection. This policy refers to that worker as the named worker.


7. Allegations of Physical Injury or Neglect

If a child has a physical injury or symptom of neglect, the named worker should:

  • Contact Children's Social Care for advice in cases of deliberate injury or where concerned about the child's safety.
  • Where necessary, seek emergency medical attention immediately and inform  the police immediately. Information should be given about any suspicions of abuse.
  • In other circumstances speak with the parent/carer and suggest that medical help/attention is sought for the child. The doctor, (or health visitor) will then initiate further action, if necessary.
  • If appropriate the parent/carer should be encouraged to seek help from Children's Social Care.

If you are uncertain about how to proceed advice should be sought from Children's Social Care.

See Contact Details for useful numbers of Children's Social Care and the Emergency Duty Team.     


8. Allegations of Sexual Abuse

In the event of allegations or suspicions of sexual abuse, the named worker should contact the Children's Social Care Services duty social worker for children and families or Police Child Protection Team directly. The named worker MUST NOT speak to the parent (or anyone else).

If, for any reason, the named worker is unsure whether or not to follow the above, then advice from Children's Social Care should be sought and followed.

Under no circumstances should the named worker attempt to carry out any investigation into the allegation or suspicions of sexual abuse. The role of the named person is to provide information to Children's Social Care, whose task it is to investigate the matter under Section 47 of the Children Act 1989.

Whilst allegations or suspicions of sexual abuse should normally be reported to the named worker the absence of that person or deputy should not delay a referral to Children's Social Care.

Exceptionally, should there be any disagreement between the person in receipt of the allegation or suspicion and the named worker or deputy as to the appropriateness of a referral to Children's Social Care, that person retains a responsibility as a member of the public to report serious matters to Children's Social Care and should do so without hesitation.

See Contact Details for numbers of Children's Social Care and the Emergency Duty Team.       


9.  What to do if you Suspect That Abuse is or may Have Occurred in Which an Employee was Involved

You must report concerns as soon as possible to a named worker in your organisation whose name number and position has been clearly identified. That named worker should then contact Children's Social Care. A deputy should also be named to cover any absences and to deal with any situation where an allegation is made against the named worker. Absence of the named worker or deputy should not delay a referral to Children's Social Care.

An alternative person should be identified as a contact person to cover cases where the allegation is against the named worker. Alternatively direct contact with Children's Social Care can be made. 

Suspicions should not be discussed with anyone other than those nominated above.

It is, of course, the right of any individual as a citizen to make direct referrals to the child protection agencies particularly in situations where it is felt that concerns have not been adequately passed on.


10. Safety Matters

Licenses are responsible for the provision of a safe environment for children on their premises.

The following list provides examples of issues that may require attention under this heading. 

  • Specific issues relating to the use of premises/equipment e.g. keeping buildings well lit and maintained, and potentially dangerous activities properly supervised
  • Internal and external to the building, fixtures, fittings and equipment should meet adequate safety standards
  • Outside play areas should be appropriately fenced with gates to prevent small children from straying from the premises and should meet safety requirements * It should be accepted that anyone seeing another worker acting in a way that could be misinterpreted should be able to speak to the individual or supervisor about the concern.
  • Annual safety reviews should consider all aspects of safety.

If you offer a crèche or supervised play area additional advice should be sought.


11. Training

Licensees should ensure that there is a laid down procedure of which employees are aware.

It is important that all workers understand and are familiar with the agreed procedures for protecting children and that they:

  • Are able to access immediately relevant telephone numbers
  • Are alert to the possibility of child abuse and neglect
  • Have clear guidance to protect children from abuse and workers from false accusations.

Licensees should ensure also that casual and temporary employees are familiar with child protection issues.


12. Appointment of Workers

In appointing workers, licensees should be responsible for the following:

If the workers are employed to work with or will have unsupervised contact with children, the licensee must check whether they have ever been convicted, charged or cautioned in relation to any offence against children. 

The sale of alcohol to young children/people is considered to be an abuse. The consumption of alcohol contributes to a greater vulnerability and likelihood of abuse.  In addition children and young people are still in the vital stages of development both physically and mentally and their development can be seriously impaired.

End