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Appendix 3: Addressing matters of immediate and/or serious concern during an inspection
The key principle for inspection is that the safety and welfare of children are paramount. All decisions and subsequent actions taken by inspectors will reflect this principle. During the course of an inspection, inspectors may find evidence of abuse or poor practice which potentially places children at risk or a child may disclose that (s)he is being or has been abused. In either case the inspector will take action to ensure the concerns are addressed. As part of the inspection, inspectors will have access to the agencies' policies and procedures with regard to the recognition and referral of cases of suspected child abuse.
Concerns that a child is suffering from abuse
- The inspector will advise the managing inspector of their concerns and, in all cases where it is believed that a child has suffered or is suffering (or is at risk of suffering) from previously un-investigated abuse, the matter will be referred immediately to the relevant agencies. (The contact information and explanation as to how this will be done is contained in the area child protection guidelines which will be followed by the inspector and managing inspector.) It is the responsibility of these agencies to act upon the information provided, not the responsibility of the inspector. The managing inspector will check that action has been taken and note this in the inspection record.
- If the concern has come about as a result of a disclosure from a child or children, the inspector will take the disclosure seriously and take appropriate action. The child will be reassured and advised that their concerns will be shared with the appropriate people. If the disclosure alleges abuse by a parent or other relative, the matter will not be raised with the parent or other relative by the inspector unless it is unavoidable in order to stop immediate harm.
- If the disclosure alleges abuse by staff (eg in a residential unit for children and young people, school or early years setting), the matter will not be raised directly with the staff concerned. The child protection guidelines will be followed and the disclosure will be referred on as they advise.
- Where the disclosure alleges abuse by other children or young people, the manager of the service will be advised.
- If the disclosure relates to allegations of abuse within a setting regulated by a statutory body ( e.g. in a residential home registered and inspected by the Care Commission) that body will also be informed.
Concerns that a child is at risk because of poor practice
On occasion, an inspector may judge that the quality of the service is so poor that children are being placed at immediate risk ( e.g. a worker who condones very risky behaviour by a teenager; a severe shortage of staff in a care service; premises which are unsafe; or a plan to protect an individual child that has not been implemented).
- In such circumstances, following discussion with the managing inspector, the matter will be raised with the person responsible for the day to day management of the service (or a person nominated for purposes of the inspection), and (if different) the person responsible for the agency.
- The reasons for the concern will be fully explained to these persons and they will be advised to immediately address the matter in such a way as to ensure that children are kept safe.
- If the concerns relate to a setting inspected by a service specific inspection body ( e.g. a school inspected by HMIE) that body will also be informed.
On other occasions, it may be that in the assessment of an inspector, the quality of the service has been very poor over a considerable period and, whilst not putting children at immediate risk, endangers their safety, health or well-being in the longer term ( e.g. allowing contact with a very emotionally abusive parent to continue even though the child does not want it; a child living in a residential school that has no facilities to support their disability; or a young person who has very onerous caring responsibilities for a mentally ill parent and has no support).
- In such circumstances, following discussion with the managing inspector, the matter will be immediately raised with the person responsible for providing the day to day running of the service (or a person nominated for purposes of the inspection) and (if different) the person responsible for the agency.
- The reasons for the concern will be fully explained to these persons and they will be asked to quickly address the matter in such a way as to ensure that children are kept safe, healthy and feel well supported. They will be asked to feed back to the managing inspector the action that has been taken.
- If the concerns relate to a setting inspected by a service specific inspection body ( e.g. a social work service inspected by SWIA ) that body will also be informed.
In all cases of concern, the inspector will fully record details of the allegation and the actions taken to raise the matter with the appropriate agency(ies). The managing inspector will also record any subsequent follow up of the matter with these agency(ies).
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