Child Protection in Arts: Frequently Asked Questions: Answers
Recognition, Responding, Referring and Recording
The government guidance, Working Together to Safeguard Children, categorises abuse as:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Neglect
Remember that in all forms of abuse there are elements of emotional abuse and that it is possible to be subjected to abuse in more than one way at a time. These four categorisations and the definitions below do not minimise other forms of maltreatment.
There are other sources of stress for children and families such as, domestic violence, the mental illness of a parent or carer, or drug or alcohol misuse. All these may have a negative impact on a child’s health and development and may be noticed by an organisation caring for a child. If it is felt that a child’s wellbeing is being damaged by any of these areas, the same procedures as for abuse should be followed.
Vulnerable adults may also be subject to other types of abuse as well as to the four types of abuse listed above. They may be manipulated financially or discriminated against because of a disability or other factor that makes them vulnerable.
What is physical abuse?
Physical abuse includes hitting, shaking, throwing, poisoning or misuse of medications, burning or scalding, drowning, suffocating or otherwise causing physical harm. Physical harm may also be caused when a parent or carer feigns the symptoms of or deliberately causes ill health to a child whom they are looking after.
What is emotional abuse?
Emotional abuse is the persistent emotional ill-treatment of a person such as to cause severe and persistent adverse effects on that person’s emotional development. It may involve making the individual feel or believe that they are worthless or unloved, inadequate. It may also involve causing the person to feel frightened or in danger. It might involve exploitation or corruption.
What is sexual abuse?
Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, whether or not the child or young person is aware of, or consents to, what is happening. The activities may involve physical contact, including penetrative or non-penetrative acts. Sexual abuse also includes non-contact activities, such as involving children or young people in looking at, or in the production of, pornographic material or watching sexual activities, or encouraging them to behave in sexually inappropriate ways.
Sexual abuse of vulnerable adults can be rape and sexual assault or sexual acts to which the person does not consent or cannot consent or is pressured into consenting.
Sexual abuse may be same-sex or opposite sex, may be by other children, young people or adults. People from all walks of life may be sexual abusers.
What is neglect?
Neglect is the persistent failure to meet a child’s, young person’s or vulnerable adult’s basic physical and/or psychological needs, likely to result in the severe impairment of the person’s health or development. It may involve a parent or carer failing to provide adequate food, shelter and clothing, failure to protect a child, young person or vulnerable adult from physical harm or danger, or the failure to ensure access to appropriate medical care or treatment.
It may also include neglect of a child’s, young person’s or vulnerable adult’s basic emotional needs.
2. “I’m an artist – Child Protection isn’t my job, that’s for social workers isn’t it?”
Everyone has a ‘duty of care’ towards all children under 18 years. Children may choose to tell arts workers about abuse because they respect and trust them. By telling, children are asking the adult to help take the burden of secrecy, guilt and suffering off them by intervening appropriately. It’s normal for children to get scared after they have told and to deny/retract the disclosure. They may worry about what will happen next to their family members. They have often been intimidated, blamed and made to feel guilty and responsible for the abuse.
Your role is to listen carefully and respond sensitively at the time of the disclosure, letting the young person know who you must tell and why, and then document what was said and pass it on to the appropriate person/agency.
3. “Being smacked as a child never did me any harm. Surely it’s not up to me to report things like that?”
Smacking children (‘reasonable chastisement’ of children by parents/carers) is not unlawful in England. However, by the time adults have concerns about suspected physical abuse, there is almost always a need for an enquiry.
The majority of physical abuse perpetrated on children goes unreported. It is everyone’s responsibility to protect all children. It could be a disciplinary offence to fail to report possible child protection concerns – always pass on your concerns according to your organisations’ procedures and discuss your anxieties with your D.P. or a social worker (ask to speak to a social worker about “a possible child protection concern consultation”). Courts are hearing increased numbers of cases of ‘historical’ child abuse. Some victims who told about their abuse are suing agencies who failed to intervene.
4a. “What should I do if a young person told me they were being abused?”
It is possible that a child, young person or vulnerable adult who is or has suffered abuse will confide in you. This is something you should be prepared for and must handle carefully. The following action should be taken if there are concerns about the abuse of a child, young person or vulnerable adult:
- remain calm and in control and don’t delay acting
- listen carefully to what is said. Allow the person to tell you at
their own pace and ask questions only for clarification. Don’t ask questions
that suggest a particular answer
- don’t promise to ‘keep it a secret’. Use the first opportunity you
have to say that you will need to share the information with others.
Make it clear that you will only tell the people who need to know and
who should be able to help
- reassure the child, young person or vulnerable adult that ‘they did
the right thing’ in telling someone
- tell the child, young person or vulnerable person what you are going
to do next
- speak immediately to the person in the school/educational setting,
youth or care setting who has designated responsibility for protection
of children, young people or vulnerable adults. (This is likely to be
the head teacher for a school or the director of the youth or care setting.)
It is that person’s responsibility to liase with relevant authorities,
usually social services
- as soon as possible after the disclosing conversation, make a note
of what was said, using the child’s/young person’s/vulnerable adult’s
own words. Note the date, time, any names that were involved or mentioned,
who you gave the information to. Make sure you sign and date your record.
Give a copy to the Designated Person and keep yours in a safe place.
- In confidence, make your line manager or other appropriate colleague
(for instance the project organiser) aware of the situation.
- If you are involved subsequently, keep a record of what advice you are given, by whom, when and what you/others did. This is to clearly account for all decisions/actions you are involved in, which will protect you and the young person.
Social services will liase with the relevant departments on a ‘need-to-know’ basis and will, if appropriate, inform the police. It is the responsibility of the authorities to determine whether abuse has occurred.
4b. “If a young person tells me their friend is being abused what do I say?”
Without badgering them try to get the young person to tell you who their friend is. Explain that you can only help them if you know who they are. They need adult help and support. Be honest and open about your role and who you must tell and why. You can’t act if the young person will not tell you who their ‘friend’ is, but you can give them contact numbers to pass on (e.g. Childline, NSPCC Helpline etc). Do not promise to keep their identity a secret; secrecy only helps perpetrators.
4c. “If a young person says they don’t want to go home at the end of the evening session what should I do?”
There could be many reasons why a child refuses to go home. If they won’t tell you why never take a child to your home; ring the police or the SSD Emergency Team (EDT) for advice while ensuring the child is safe and doesn’t wander off. Ensure you have emergency contact details – not only parental information – when enrolling participants in your project or scheme
5a. “How far is it my responsibility to recognise and respond to abuse?”
If you see something that concerns you, you have a responsibility to report your concerns. After that it is up to others to decide what is to be done.
As an artist or arts organisation working directly with children, young people or vulnerable adults, you should always have a contact person with legal responsibility for the child, young person or vulnerable adult. You should never assume sole responsibility for a child, young person or vulnerable person.
If you see or suspect abuse of a child, young person or vulnerable adult you should make the person with legal responsibility for the child, young person or vulnerable person (e.g. the teacher, youthworker or careworker) aware of the problem.
If you suspect that the person with legal responsibility i.e. the teacher, youth or careworker is actually the source of the problem, you should make your concerns known to another member of staff employed at the site.
Make a note for your own records of what you witnessed as well as your response, and make your line manager (or other relevant person, such as the project organiser) aware of the situation, in case there is follow-up in which you are involved.
5b. “What if the child is bruised/injured?”
If a child, young person or vulnerable adult is injured - while at your organisation or while involved in a project you have organised - you must make a record of the injury in the accident book. This record must be counter-signed by the person with responsibility for the individual. The accident book should to be kept for 21 years.
If a child, young person or vulnerable adult arrives at your organisation's venue or project with an obvious physical injury you need to check if they need treatment. You should make a record of this in your accident book. This record should be counter-signed by the person with responsibility for the individual. This record can be useful if a formal allegation is made later. It will also be a record that the individual did not sustain the injury whilst at your venue or on your project. The accident book should be kept for 21 years.
If the physical injury seems unusual (e.g. grasp marks or an outline of an object – trainer sole, belt, cigarette burn etc.) you should ask the young person what happened, record what the injury looked like and their response, tell them what you must do next and, as soon as possible, contact social services.
5c. “What might be physical signs of abuse?”
There are often bruises and small cuts on children or young people - typically on elbows, knees, shins - areas where accidents often occur. Bruises and cuts on areas such as cheeks or thighs may be cause for concern, as would bruises that are caused by hand marks or fingertips as the possible result of slapping or pinching. Other signs to be concerned about are cigarette burns, bite marks, broken bones, scalds.
A child, young person or vulnerable adult who is being sexually abused may show physical signs such as stomach pains, discomfort in the genital or anal area as well as medical conditions that would probably be hard to spot in comparatively casual contact.
A child, young person or vulnerable adult suffering neglect might show signs of constant hunger, always being unclean, loss of weight or constant underweight, inappropriate dress for the weather.
Signs of emotional abuse might be a failure to thrive or grow, sudden speech disorders, or developmental delay either physically or emotionally.
5d. “If a child or young person is being abused, will they behave differently?”
The following changes in behaviour can indicate physical abuse: fear of parents being asked for an explanation of an injury or behaviour; aggressive behaviour/temper tantrums; flinching when being approached or touched; reluctance to get changed or wearing long sleeves in hot weather; depression; being withdrawn; and running away from home.
Sexual abuse is most often 'spotted' as a result of the individual's behaviour as opposed to physical symptoms. Behaviour which may indicate sexual abuse includes sudden or unexplained changes in behaviour (such as becoming aggressive or withdrawn), fear of being left with a specific person or group, nightmares, running away from home, sexual knowledge inappropriate to age or development level, sexual drawings or language, bedwetting, eating disorders, self-harm, talking of 'secrets', substance or drug abuse, having sudden and unexplained sources of money, not being allowed to have friends (particularly in adolescence), acting in a sexually explicit way towards adults.
Emotional abuse might show in neurotic behaviour (for instance hair-twisting or rocking), inability to play, being frightened of making mistakes, self-harm or fear of the parent or carer being approached about their behaviour.
Behavioural signs of neglect may include complaining of being tired all the time, not requesting or making use of medical assistance, having few friends, mentioning that they have been left alone or unsupervised.
6. “What should I do if I suspect there’s Domestic Violence happening next door?”
There is a high probability that children living with Domestic Violence (man on woman, or same sex abuse or, more rarely, woman on man) suffer short, and sometimes long-term harm. Many children themselves are emotionally, physically and/or sexually abused in such circumstances. Follow your C.P. procedures to report what you have observed/been told. Keep good records; D.V. often occurs over a long period of time and involves numerous abusive incidents against victims who may feel shame, guilt and try to hide effects on them and their family. You may need to record a range of possible indicators / ‘clusters’ of concerns over a period of time.
7. “Should I talk to parents about my concerns?”
It is advisable to first get advice from your Designated Person or Social Services about what to do. Some parents struggling with poverty, debt, ill health, substance misuse or bereavement may be inadvertently harming their children. Some may welcome practical help to access support services via someone they know and trust. In most cases where you know/are in contact with parents/carers you should speak with them about your concerns.
Do not speak to parents/carers if;
- sexual abuse is suspected/alleged
- factitious/fabricated illness is suspected *
- you think the child may be (put) in imminent danger
- you suspect the parents/carers may pose a threat to yourself.
In all cases of suspected abuse gather all known, relevant information and ring the social services in the area the child lives (if known) without delay.
* Formerly known as ‘Munchausen’s Syndrome by Proxy’. This is where the (often female) parent induces or claims symptoms in the child to draw down medical interventions in order to meet their own attention-seeking needs. The child may be directly harmed (e.g. poisoning) or suffer invasive examination/treatments (e.g. surgery) or be adversely affected socially, emotionally or developmentally (e.g. repeated hospitalisations/labelled as sickly or disabled).
8a. “Who could I contact to get advice?”
Contact your line manager/Designated Person/Social Services for advice and support. When ringing social services say that you have possible child protection concerns and request a consultation with a social worker.
8b. “What if I tell my designated person my concerns but it turns out I’m wrong?”
This is rarely the case. By the time adults have concerns there is usually a need for intervention of some sort. Even if your concerns turn out not to be regarding a child’s need for protection (using the ‘Child Protection’ system) there will probably be other needs that require intervention (e.g. using the ‘Child In Need’ system: supporting families struggling with domestic violence, illness, disability, isolation, poverty, debt, bereavement, substance misuse, mental health issues etc.) to address negative impacts on a child’s developmental needs/well being.
9. “Social workers meddle in family life and want to take children away…don’t they?”
Child abuse is widespread and yet the majority of incidents go unreported. Myths, stereotypes and not understanding the roles of agencies can be barriers preventing adults reporting concerns. It is a myth that social workers want to remove children into local authority care. They strive to support parents who are struggling to care adequately for their own children. Families are the best place for children to grow up. However, children should not be left to suffer in families who consistently fail to protect them or meet their needs. In these cases, which are relatively few in number, SSD or the police must use their powers to remove children. Statutory agencies have, in recent years, been trying to refocus resources into preventative work in child protection. To offer support to those families struggling to adequately parent their children (‘Children-In-Need’) we need to know about them as soon as possible. Social worker’s role has changed too in recent years; they help co-ordinate services working with families (rather than delivering them directly), to build a ‘package’ of support which each agency involved monitors to see effects on the children’s safety and developmental needs.
Child protection requires a multi-agency response but Children-in-need could require the intervention of only one agency (sometimes with partnership agency support) to transform a family’s ability to adequately and safely parent.
10. “There are children with special needs in the group; are there specific child protection issues I should be aware of?”
Yes, disabled children are more vulnerable to abuse. Some children, because of their mental or physical disability, find it more difficult to recognise and report abuse. Their disability may mean that:
- their life experiences are limited, creating difficulty recognising
inappropriate behaviour
- they are afraid of challenging people, concerned that they will anger
an authority figure or get into trouble
- communication difficulties make it hard to report abuse
- they may not be able physically to leave an abuse situation
- they are routinely examined or touched and therefore the abuse seems
‘normal’
- their self-esteem and self-image are poor
- there might be no-one to whom they can report abuse
- authority figures are unwilling to believe that anyone would abuse a disabled child
11a. “What is a ‘vulnerable adult’?”
In law there is no standard definition of ‘vulnerable adult’. You need to define ‘vulnerable’ in relation to your work and include your definition in your protection policy.
Arts Council England uses the following definition:
‘Vulnerable adults are people who are or may be in need of community care services because of mental disability or other disability, age or illness, and who are, or may be, unable to take care of themselves or unable to protect themselves against significant harm or exploitation’.
11b. “How do I know if I am working with a vulnerable adult?”
Project organisers should, in the planning of any education or learning project, find out if any of the participants are likely to be considered ‘vulnerable’. If yes, plan accordingly, including accessing appropriate training. However, artists or arts facilitators should also monitor, as part of the project delivery, whether any of the participants show signs which indicate a particular vulnerability that needs to be accommodated. If in doubt, artists or arts facilitators should liase with their line manager or the project organiser.
11c. “What do I need to know if I am working with a vulnerable adult?”
An arts education project may be a new experience for a vulnerable adult, placing them in unfamiliar surroundings. Project workers should make every attempt to create an environment in which a vulnerable person feels comfortable and effective, physically, emotionally and intellectually. Project organisers should ensure that the project facilitators have been appropriately recruited and have enough training and experience to provide a safe and positive experience.
No Secrets, the Department of Health and Home Office guidance on protecting vulnerable adults, provides further information.
11d. “How do we deal with children, young people and vulnerable adults going to the toilets?”
The issue arises when toilet facilities for children/young people/vulnerable adults and site staff are not separate. A system should be agreed with site staff during the project planning to ensure that artists/arts facilitators working in these settings do not inadvertently find themselves in the toilets alone with children, young people or vulnerable adults.
11e. “Are refugees or asylum seekers vulnerable adults?”
Refugees or asylum seekers are not explicitly included in most definitions of vulnerable adults. However, safe working practices must extend to include anyone reasonably considered to be vulnerable.
A carer is anyone with parental or other legal responsibility or who undertakes day to day care for a child up to the age of 18, a child over the age of 18 who is in a care setting or a vulnerable adult.
12b. “If I am working with children, young people or vulnerable adults, am I considered their ‘carer’?”
No – during regular school hours, schools/educational settings act in loco parentis. Outside school hours, parents/carers retain their responsibilities for their children, whether the parents/carers are present or not. This applies in the case of arts activities taking place outside school hours. Artists and arts organisations are advised that they should never act in loco parentis or work with children, young people or vulnerable adults without the appropriate teachers, youth workers, carers or other legally responsible staff present.
12c. “What is a ‘position of trust’?”
Positions of trust are roles that involve working with children and other vulnerable groups. This would include situations where artists or arts mentors are working closely with children, young people or vulnerable adults. An adult member of staff or volunteer can have an enormous amount of power and influence over a child, young person or vulnerable adult involved in an activity or event. This is particularly the case when the adult is in some way responsible for the child’s, young person’s or vulnerable adult’s success or failure. It is critical that staff and volunteers recognise any such power and influence and ensure that they do not abuse their positions of trust. (Sexual Offences (Amendment) Act 2000).
12d. “What is meant by ‘sole charge’?”
Sole charge means having unsupervised contact with children, young people or vulnerable adults. This might be for only a few minutes (while the teacher, youth leader or careworker leaves a room to take a telephone call) or for more extended periods. Arts Council England recommends that artists/arts facilitators do not allow themselves to be in sole charge of children, young people or vulnerable adults.
12e. “What does in ‘loco parentis’ mean?”
In loco parentis (the Latin means ‘in place of a parent’) refers to the person legally responsible for a child in the absence of the child’s parent(s) or regular carer. For instance, in a school setting this is the child’s teacher.
An overarching principle for all work with children, young people and/or vulnerable adults is that artists and arts professionals must never assume the role of in loco parentis for children, young people or carers for vulnerable adults.
13a. “What are my responsibilities if an employee or volunteer is accused of abuse?”
If a complaint or allegation is made against a member of staff he or she should be made aware of his or her rights under both employment law and internal disciplinary procedures. This is the responsibility of the officer responsible for personnel in the organisation.
No matter how you feel about the accusation, both the alleged abuser and the person who is thought to have been abused have the right to confidentiality under the Data Protection Act 1998. Remember that any possible criminal investigation could be comprised through inappropriate information being released. In criminal law the Crown or other prosecuting authority has to prove guilt and the defendant is presumed innocent until proven guilty
13b. “Why do children make false accusations of sexual abuse?”
They rarely do, particularly young children who reveal sexual details inappropriate for their age. Where young peoples’ allegations are, on occasion, found to be false, they always need some kind of support –it’s a ‘cry for help’. This often causes managers/workers anxiety, yet the greater problem is the widespread failure to recognise/report child abuse. Managers need to follow their procedures carefully in cases of alleged sexual abuse against workers/volunteers. It is not your job to investigate; you must always involve the police in order that the matter can be dealt with quickly.
Answers compiled by Michelle Walmsley, Consultant Child Protection Trainer, Manchester. October 2003.
Sources include:
- ‘firstcheck’, NSPCC, email: infounit@nspcc.org.uk
- ‘Our Duty to Care’, Volunteer Development Agency, Tel: 028 9023 6100
- ‘Keeping Arts Safe; protection of children, young people and vulnerable
adults involved in arts activities’, Arts Council England/NSPCC, April
2003. See: www.tipp.org.uk
- ‘More Than a Policy: Towards Meaningful Child Protection in the Arts’
– TiPP/Arts Council England, April 2003. See: www.tipp.org.uk
- ‘Working Together to Safeguard Children’, Home Office, Department
for Education and Employment, Department of Health, 1999.
- ‘The Framework for the Assessment of Children and their Families’,
DoH, DfEE, H.O., 2000.
- ‘Every Child Matters’, Government Green Paper, 2003.