Safeguarding Policy

Introduction

AAA Taxis is committed to ensuring, as far as it reasonably can, that it has clear arrangements to safeguard children, young people and adults at risk of abuse or neglect that we may have contact with and to support the Home Office Counter Terrorism Strategy CONTEST, which includes a specific focus on PREVENT (preventing violent extremism / radicalisation). Safeguarding is everyone’s responsibility.

This policy sets out the collective and individual requirements of all directors, staff, drivers, agents and contractors in order to promote the expectations of AAA Taxis.

This policy describes the definitions of abuse for both adults and children and how AAA Taxis staff and others should report such abuse or suspicions of abuse.

AAA Taxis promote equality and respect for the diversity of the people living in, working in or visiting the areas it serves, regardless of age, gender, culture, religion, faith, language, physical or learning disability or impairment, or sexual orientation.

Everyone must be sensitive to the differing family patterns and lifestyles which vary across racial, ethnic and cultural groups.

Harm can occur within circumstances which are as diverse as the number of people at risk; however, abuse cannot be condoned or ignored for religious, cultural or for any other reasons.

Purpose

This policy sets out the key principles that everyone should comply with in relation to safeguarding children, young people and adults at risk of harm or abuse.

Anyone carrying out duties on behalf of AA Taxis needs to be aware of the need to support children, young people and adults at risk of abuse or neglect, in particular those in need of protection.

This policy will be reviewed every year unless legislative, procedural or other changes necessitate an earlier review.

Scope

This document covers all the business activities of AAA Taxis, its clients, suppliers and infrastructure.

This policy applies to all AAA Taxis’ directors, staff, drivers, agents and contractors, including students and interns. For ease of reference, hereafter all such persons who fall under these groups will be uniformly referred to as ‘staff’ in this document (whether they are, as a matter of law and fact, employees of the company or not).

Objectives

AAA Taxis recognise that safeguarding children, young people and adults at risk is a shared responsibility with the need for joint working between agencies and professionals who have different roles and expertise, including LADO, local authorities, the Police, Social Services and the Independent Safeguarding Authority.

In order to achieve effective liaison, there must be constructive relationships at all levels promoted and evidenced by:

Executive lead at Board level and all Board members being accountable for safeguarding children, young people and adults at risk of harm or abuse.
Clear lines of accountability within the company for safeguarding. Rachel Dale is the lead on Safeguarding in the business.
Robust communication and escalation process.
Staff training and continuing professional development so that staff are competent to undertake their roles and responsibilities in relation to safeguarding children, young people and adults at risk.
Safe working practices including recruitment procedures. Excluding vetting and barring procedures in relation to taxi drivers, which is exclusively the responsibility of the relevant licensing authority, but including PCV drivers engaged in a ‘regulated activity’.
Effective interagency working, including effective information sharing, with consent where required.
The Business Manager shall be a vital source of support to all staff in relation to safeguarding.

Concerns about children

Safeguarding is fundamental to protecting people’s health, wellbeing and human rights and allows them to live free from harm, abuse and neglect. Safeguarding responsibilities apply to children, young people and adults.

A child is anyone who has not reached their 18th birthday; young people between their 16th and 18th birthdays who may be living independently, in further education, in custody or who are a member of the Armed Forces are still to be considered as children. Sometimes the needs of older children can be overlooked, this may be due to the fact they look older and may be mistaken for or treated as adults. Safeguarding children guidance should be applied to people aged 16 and 17; staff should be aware that older children may be in intimate relationships, may suffer domestic abuse and be parents themselves.

An adult at risk is an individual who has care and support needs and who is experiencing, or at risk of experiencing abuse or neglect.

The Government has issued a policy statement on adult safeguarding which sets out six principles for safeguarding adults. Whilst not legal duties, these do represent best practice and provide a foundation for good outcomes.

Empowerment – presumption of person-led decisions and consent.
Protection – support and representation for those in greatest need.
Prevention of harm or abuse – take action before harm occurs.
Proportionality – take the least intrusive response appropriate to the risk presented.
Partnerships – local solutions through organisations and services working with their communities.
Accountability – accountability and transparency in delivering safeguarding.

Process including Concerns around a Person in a Position of Trust

If you have concerns about a child, young person or adult at risk of abuse or neglect should be referred using the following process:

If necessary, check concerns with others and / or seek advice from colleagues, the Managing Director or any director of the company.
Remain vigilant to actions witnessed and statements / comments made by the child, young person, adult at risk or others at the scene. Take note and / or enquire about the welfare of other children, young people or adults present at the incident / address.
Attempt to gather names, ages / dates of birth, school (if applicable) of all present.
Contact the Safeguarding Officer (xxxx) or Managing Director as soon as possible to make a referral. Information on the referral should be clear, concise and relevant to your concerns. • All concerns/reports/incidents will be written down and a record kept.

Should a child make a disclosure, never tell the child you do not believe them or promise to keep secrets.

If the child, young person or adult at risk are in immediate danger the police must be contacted on 999 without delay.

It is the responsibility of the staff member who has concerns about a child, young person or adult to make the referral; it should not be assumed that someone else will have done so or will do so.

The safeguarding of children, young people and adults at risk is the responsibility of all members of staff and all have a duty to report concerns they may have.

The Safeguarding Officer / Corporate Director can be contacted for additional advice and support between Monday to Friday 10:00 to 18:00. Outside these hours a Director can be contacted via the office for advice about a child, young person or adult at risk.

The Safeguarding Officer will involve the expertise of LADO and the Independent Safeguarding Authority

Drivers to follow the same procedure for any concerns of CSE / radicalisation / other vulnerability

Escalation of concerns following a referral

There may be occasions when a staff member feels the company has not taken appropriate action. In this situation the staff member should contact the relevant local authority safeguarding team or the police evidencing a clear rationale of their concerns.

Mental Capacity Act 2014

The legislative framework relating to the Mental Capacity Act 2014 is detailed in Appendix A.

Police and Licensing investigations, prosecutions and disciplinary action

In the event of a police and / or licensing investigation, prosecution or the taking of disciplinary action in respect of a safeguarding matter, AAA Taxis will co-operate fully in such matters, providing records and / or witness evidence, as may be appropriate.

Serious Case Reviews and Learning Lessons

In the event of a Serious Case Review (SCR), Safeguarding Adult Review (SAR), Learning Lessons Review (LLR), Child Death Overview Panel (CDOP) or Domestic Homicide Review (DHR), AAA Taxis will co-operate fully in such matters, providing records and / or witness evidence, as may be appropriate.

Training

AAA Taxis is committed to have arrangements in place to ensure effective training of all staff.

Each driver has been trained in safeguarding and / or child sexual exploitation awareness to the standards required by their relevant licensing authority and the company provides additional training to those drivers who study the Level 2 BTEC course for professional taxi and private hire drivers.

The Business Manager and Director is the SPOC (single point of contact) by other organisations in connection with all safeguarding.

All staff have received safeguarding training and refresher training from the Business Manager.

Support, supervision and mentorship will be provided for safeguarding professionals within the company.

Support for Staff Members

AAA Taxis has a duty of care to look after the psychological and physical wellbeing of staff when they have been exposed to traumatic, distressing or challenging incidents; it is recognised that incidents that require a safeguarding referral may fall into this category. Any member of staff who considers they have been involved in such a stressful incident and / or would like support should contact the Managing Director.

There may be occasions where staff will be required to be interviewed / provide statements for police and / or licensing investigation and / or in connection with a SCR, SAR, CDOP, LLR or DHR. The relevant line manager will provide support to the staff member.

Safe Recruitment

Recruiting managers shall ensure the relevant level of DBS check (if any) is obtained before the applicant commences employment and / or engages in a regulated activity, including where necessary, referral to the Independent Safeguarding Authority.

As a pseudo employer of staff in a ‘regulated activity’, the company has a responsibility to refer concerns to the DBS in accordance with the Safeguarding Vulnerable Groups Act 2006.

Managers should report concerns to the Managing Director, who is responsible for making such referrals on behalf of the company to the DBS. Individuals who are already in post and receive a positive disclosure (renewal) are removed from duties with access to children or vulnerable adults whilst an investigation is carried out.

Social Media

Staff should be mindful when accessing the internet either at work or out of work as posting information on social media sites that could be linked to a customer / passenger or staff members, e.g. bullying, exploitation, encouraging self-harm or violence, may result in disciplinary action being taken and / or driver, agent or contractor contracts being terminated.

Information Sharing

It is important that information sharing and confidentiality is handled in compliance with the Data Protection Act 1998 / GDPR. It is important that all customers and passengers remain confident that their personal information is kept secure and safe and that staff maintain privacy rights of the individual while sharing information to deliver betters services.

Staff should ensure they are familiar with data protection laws and principles and associated policies and procedures. For support relating to information sharing and safeguarding, contact your line manager or the Corporate Director.

There are seven golden rules for information sharing:

Remember that data protection and human rights law are not barriers to justified information sharing.
Be open and honest with the individual (and / or their family where appropriate) from the outset about why, what, how and with whom information will be, or could be shared, and seek their agreement, unless it is unsafe or inappropriate to do so.
Seek advice if you are in any doubt, without disclosing the identity of the individual where possible.
Share with informed 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, there is good reason to do so, such as where safety may be at risk. You will need to base your judgement on the facts of the case.
Consider safety and wellbeing of the person and others who may be affected by their actions.
Necessary, proportionate, relevant, adequate, accurate, timely and secure.
Keep a record of your decision and the reasons for it; record what you have shared, with whom and for what purpose.

Consent to Share Information

Children and Young People

Where there are concerns for a child or young person’s welfare, staff should notify the parents or those with parental responsibility (if known) unless there is cause to suspect the child has been abused and / or there is a risk of causing further harm to the child.

When abuse of a child or children is known or suspected it is important to gain as much information as you can, which might include taking a history about what has happened. If staff feel it is safe to do so they should discuss the need for referral with the parents unless doing so would put the child at risk of further or significant harm.

Parents or those with parental responsibility must not be informed of the intent to make a referral if:

Sexual abuse is suspected – evidence may be destroyed.
There are concerns of fabricated and / or induced illness – disclosing concerns to parents may significantly increase the risk to the child.
If forced marriage or honour based violence is disclosed or suspected – seeking consent can place the child or young person at high risk.
There is any other reason why doing so would increase risk to the child or young person.
To do so would put the staff member at risk.

Adults at risk

Informed consent to make a referral should always be obtained if making a referral, if this is not possible and others are at risk (e.g. Residential care setting), it may be necessary to override this.

When an adult at risk refuses consent to share information

Adults have the right to take risks and may choose to live at risk if they have the capacity to make such a decision and have been provided with all the information to be able to make fully informed choice; this must be respected and decisions documented.

If a passenger is identified as lacking capacity there is no need to seek consent to share the information as you would be acting in their best interest. Where actions are taken or a referral made without a passenger’s consent, any actions must be clearly recorded and a clear rationale should be given in the referral.

Implementation Plan

The latest approved version of this policy will be posted on driver and staff notice boards for all members of staff to view. New members of staff will be signposted to this policy and associated guidance during induction.

Monitoring compliance and effectiveness

Board meetings will be utilised to assess the compliance and effectiveness of this policy. Safeguarding referrals and feedback from staff and other organisations will be reviewed as part of the audit process; trends, themes or lessons learned will be communicated to staff through staff notices and updates.

Appendix A

Legislative Framework

Responsibilities for safeguarding are enshrined in legislation. Some duties apply only to children, some only to adults and some to both. The differences between the legislative framework stems from who can or cannot make decisions.

Adults have a legal right to make their own decisions, even if they are unwise, as long as they have capacity to make decisions and are free from coercion or undue influence.

The decision-making power for children lies in those who parental responsibility for the child. Children under the age of 16 are presumed to lack capacity, however, if it is believed they have maturity, intelligence and understanding the law gives them a greater say in decisions made about them. Once a child is able to fully understand the information about a decision and the consequence of their choice, the child’s view prevails; this is known as the ‘Gillick Competent using Fraser guidelines’.

It should not be assumed that children or young people with learning difficulties are unable to make decisions about their care or treatment; information should be presented to the child or young person in an appropriate way.

The Metal Capacity Act 2005 covers and empowers children aged 16 and 17 and they are presumed to have sufficient capacity to make their own decisions, unless there is evidence to suggest otherwise. Although the young person can make their own decisions about what happens to them, it is good practice to involve family members in any discussions that take place.

Children and Young People

The legislation and guidance relevant to safeguarding and promoting the welfare of children includes the following:

Children Act 1989 and 2004.
Working together to safeguard children (2015).
Promoting the health and well-being of looked-after children (2015).

A full explanation of statutory provisions relating to children’s safeguarding can be found in Appendix B of the statutory guidance document ‘Working together to safeguard children (2015)’.

There are some broad, fundamental safeguarding duties covering children’s service, namely:

There is a duty on local authorities to safeguard and promote the welfare of children within their area who are in need. The concept of ‘need’ is defined very broadly, covering any child whose health or development will be impaired without support, or who has a disability.
Local authorities have a duty to take reasonable steps to prevent children in their area from suffering ill-treatment or neglect.
All public sector agencies providing services to children must make arrangements for ensuring that their functions are discharged in regard to the need to safeguard and promote the welfare of children.
A local authority must enquire whether it needs to take safeguarding action if it has reasonable cause to suspect a child in its area is suffering, or is at risk of suffering significant harm. This duty also covers any child in police protection, or who is under an emergency protection order.

A child-centred approach is required, as far as is reasonably possible.

It is essential that all agencies recognise that safeguarding is everyone’s business. No individual agency can assume that safeguarding issues will be picked up by others.

Adults at risk of harm or abuse

The legislation and guidance relevant to safeguarding adults at risk of harm or abuse includes the following:

Care Act 2014.