| 1.1 |
This policy recognises that the Directorate of Children Services provides a range of services, which aims to promote the five outcomes of Every Child Matters. |
| 1.2 |
The Directorate of Children Services acknowledges that to effectively meet the needs of children and young people (and their families, friends and carers) that positive, respectful and supportive relationship between children and young people, their families and carers, and social care staff are an essential ingredient in the delivery of a good service. |
| 1.3 |
For the purposes of the policy children and young people, their families, friends, carers and any persons known to them will be referred to as 'service users'. |
| 1.4 |
Although incidents of abuse against staff are not uncommon in the delivery of services, the Directorate of Children Services expects all necessary action to be undertaken to minimise and effectively reduce the risk of abuse against its employees. In order to do this it must work in partnership with service users, staff, and other agencies (including the police as necessary). |
| 1.5 |
This policy seeks to actively support and promote the safety of employees of Dudley MBC. The Directorate confirms its position that any form of abuse (emotional, verbal, sexual or physical) against social care staff is unacceptable, and expects its staff to be treated with courtesy, dignity and respect at all times. |
| 1.6 |
This policy provides a framework for dealing with difficult relationships between the social care practitioner and service user. It provides a clear statement about what social care practitioners can do when faced with unacceptable behaviour from service users. Ultimately, this may mean that service users may get either a reduced service, or the services delivered in a different way than preferred, according to the severity of the problem faced in delivering those services. |
| 1.7 |
This policy is to be implemented by the Directorate of Children Services when it becomes aware of unacceptable behaviour, which results in the social care practitioner and service user relationship deteriorating, and it can be shown that there are unacceptable risks posed to the staff member by the service user in the provision of care. This will be done in a way that maintains our commitment to both the delivery of essential services and safety of staff. |
| 2.1 |
This policy applies to all members of social care staff (current & those previously engaged with the service user), regardless of employment status and includes consultants, Agency staff, Foster Carers, students on placement and independent staff, in their dealings with the service user and the public. |
| 2.2 |
This Policy should be read in conjunction with the following Corporate & Directorate policies such as: " Combating Harassment and Bullying of Employees"(November 2005), Violence and Aggression at Work: Guidance Notes (1996) and Violence To Staff (September 2005): Lone Working and Tackling Work Related Violence (2005). |
| 2.3 |
In addition, the Management of Health & Safety at Work Regulations (1999) requires the Directorate of Children Services to assess the risks of abuse its staff might be exposed to and make appropriate prevention arrangements. The effectiveness of the strategies to control incidents and threats of these from occurring to staff need to be regularly monitored and reviewed. |
| 2.4 |
Action under this policy is to be considered where the Directorate of Children Services have become aware of unacceptable behaviour by the service user which results in the social care practitioner and service user relationship deteriorating and it can be show that there are unacceptable risks posed to the staff member by the service user in the provision of care. |
| 2.5 |
This policy recognises the nature of social care work involves working with people where stress and distress is inherent. A 'Zero Tolerance' approach to service users who display unacceptable behaviours may therefore not be practicable because of our duty to safeguard and promote the welfare of the child and young people. For example, some users of services may come with direct or indirect experience of illness, grief, impaired mental capacity or health, or conditions such as Tourettes Syndrome that may impact upon behaviour and responses to the social care practitioner's interventions. |
| 2.6 |
The Directorate recognises its duty of care to vulnerable service users and that it must provide emergency intervention as a minimum (with or without additional support - including the police where necessary). This will be subject to a risk assessment and behaviour management plan with the view to establishing, within reasonable timescales, the optimum service that can be delivered. As appropriate, service providers may need to identify an alternative environment in which to care for the service user in order to deal with the longer-term need of delivering a service. |
| 4.1 |
This policy relates to any complaint from a social care worker about a service user, concerning any form of unacceptable behaviour (see section 3.1, Definitions), which he/she considers, poses a threat to his/her health and safety and ability to work together. |
| 4.2 |
Staff members must as a minimum, where possible withdraw from the situation and report the incident immediately to their line manager/deputy manager in line with paragraph 2.2 of this policy and locally agreed arrangements. Where not possible, staff must try to remain calm and look to extract themselves from the situation as soon as possible in line with relevant guidance/training protocols/procedures, such as those relevant in residential settings. |
| 4.3 |
To minimize the negative impacts of unacceptable behaviour to staff morale and confidence, it is important that the line manager or delegated representative deals promptly(within 1 working day) with the complaint received from the staff member. In the absence of the line manager, the most appropriate senior manager should progress the complaint. |
| 4.4 |
A written account of the complaint and a completed risk assessment and behaviour management plan, will seek to deal with the immediate and longer-term needs of service delivery. The responsibility for the completion of the above tasks rests with the line manager/delegated officer. This will include consideration to the following:
- Minimum and optimum service levels
- Review arrangements
- Techniques and responses to minimise the behaviours and encourage more appropriate behaviours
- Establishing why the service user became distressed and look for solutions.
- People and resources (e.g. other agencies, family, friends, use of other facilities) to support the management plan
- Support/training required by the Social Care Practitioner
- Sharing Information with others e.g. via Racist Reporting Monitoring and relevant agencies, where it is clear there is an unacceptable risk to staff & others in the delivery of social care service.
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| 4.5 |
Once a manager is in receipt of a complaint from a member of staff, it is important that prompt action is taken to prevent the situation from recurring. In the first instance the manager or delegated manager must attempt to make contact the service user to explain that the behaviour is unacceptable and confirm the actions to be undertaken by the service user and social care practitioner to facilitate the continued provision of care. In a majority of cases, where service users are confronted and advised that their behaviour in unacceptable, this serves to promote an improved working relationship with the social care practitioner. |
| 4.6 |
The response/actions to be taken will be dependent upon many factors such as the type and frequency of the behaviour exhibited by the service user, the capacity and support available at the time to the staff member to resolve a conflict situation and the vulnerability of the service user concerned. The intention of the policy is not to provide a prescriptive approach, but instead some guidelines to assist/inform managers when deciding the most appropriate course of action to resolve the incident, whilst always ensuring the safety of the staff member. |
| 4.7 |
In most cases services can be resumed, through the completion of a risk assessment (covered by existing arrangements such as Hazard ID and Risk Assessment Processes) being undertaken and with support from both colleagues and their line manager the staff member can be supported in the use of a range of strategies to deal with behaviour presented by the service user. Arrangements must be introduced to monitor the situation with the employee, and service user as determined by line management. For example within 2 weeks of the incident occurring and thereafter at 3 and 6 month intervals to ensure the continued safety of the staff member. |
| 4.8 |
The success of dealing with an incident of abuse will be dependent on the support given to the staff member. The staff member should be given the opportunity to discuss whether they feel confident and able to resolve the conflict situation and together with the manager give consideration to the resources required to manage the situation. Staff members should be offered and encouraged to attend a de-briefing meeting following the incident. |
| 4.9 |
In some instances, it may be wholly appropriate in consultation with the staff member together to agree that another staff member is allocated to the service user where it can be shown there are therapeutic benefits for the service user and or staff member . |
| 5.1 |
A member of staff, or the Local Authority (LA) on their behalf, who has been subject to harassment or violence by a service user he/she has the right to report the incident to the Police with a view to criminal prosecution or failing that civil proceeding. In order to demonstrate a zero tolerance culture in the workplace, the LA expects that serious incidents should be reported to the police, and recognises the pivotal role that medical/counselling services have in supporting staff. |
| 5.2 |
The LA will co-operate fully in line with our duties and responsibility, under Children Act 1989 & Crime & Disorder Act 1998(section 17) with the Police and Crown Prosecution Service in the event of possible or actual criminal proceedings where a member of staff (during the course of or otherwise in connection with his or her employment) is physically assaulted or otherwise suffers harm because of the unlawful conduct of another person. Co-operation will include providing administrative support, access to relevant health records where appropriate and permissible, provision of paid time off either to prepare for court hearing or submit a claim for compensation, and reasonable time off work for colleagues where they would act as necessary legal witnesses in a case. |
| 5.3 |
In certain circumstances it may be appropriate for the LA to Undertake injunction proceedings against a person that threatens abuse or violence and is causing real concern to its staff about their or other service user's safety. |
