Transform Healthcare Cambodia (THC) Safeguarding and Child Protection Policy Sept 2023
Safeguarding is the responsibility that an organisation must ensure that their employees and volunteers, partners, vendors, operations, and programmes do no harm to children, young people, or vulnerable adults. (Together referred to as ‘vulnerable people’ under this policy); that they do not expose them to the risk of discrimination, neglect, harm, and abuse; and that any concerns the organisation has about the safety of vulnerable people within the communities in which they work, are dealt with and reported to the appropriate authorities. It is also the responsibility that the organisation has for protecting its employees and volunteers when they are vulnerable, for example, when ill or at risk of harm or abuse.
Child protection is a central part of but not separate to safeguarding. It is the process of protecting individual children identified as either suffering or at risk of significant harm as a result of abuse or programme of work. It also includes measures and structures designed to prevent and respond to abuse. Over recent years, there has been increasing recognition of the way in which children, young people and vulnerable adults can be at risk of discrimination, neglect, abuse, and exploitation by those who are in positions of trust and power over them, including through international development activities. There has been a significant increase in the efforts made by development organisations to ensure that no harm results from the contact their employees, volunteers and other representatives have with their target populations or communities.
Transform Healthcare Cambodia (THC) volunteers employees of partner organisations may engage with young people and vulnerable adults either directly or indirectly. THC recognises it has an obligation to put in place all reasonable safeguarding measures to ensure, as far as possible, the safety and protection of children, young people and vulnerable adults, including those with whom we work and those in the communities where THC work is undertaken.
- Purpose
The purpose of this policy and associated procedures is to provide clarity to ALL on how they should engage with children, young people and vulnerable adults when working for, on behalf of, or in partnership with THC. It is also to help us make sure that volunteers and other representatives are protected. It is intended to help us to have a common understanding of safeguarding issues, develop good practice across the diverse and complex areas in which we operate and thereby increase accountability in this crucial aspect of our work. This policy constitutes THC’s policy. Whilst it is recognised that local legislation may be present, this policy identifies our minimum standards and may exceed the requirements of local legislation. Any breach of this policy will be treated as a disciplinary matter, which may result in immediate termination of director, volunteer, or employee such as translator status, and reporting to the police, relevant regulatory authority, or other body. See section on definitions.
2 . Definitions
Abuse- a violation of an individual’s human and civil rights by any other person or persons. It can take the form of physical, psychological, financial or sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the health, survival, development or dignity of a child, young person or vulnerable adult. Abuse can be a single act or repeated acts and can be unintentional or deliberate. Abuse often involves criminal acts.
Discriminatory abuse– abuse motivated by a vulnerable person’s age, race, nationality, sex, sexual orientation, disability, or other personal characteristic. Financial or material abuse - including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions, or benefits.
Neglect- the persistent failure to meet a vulnerable person’s basic physical and/or psychological needs, likely to result in the serious impairment of his/her health or development. Examples include failure to provide adequate food, clothing and shelter, failure to protect them from physical or psychological harm or danger; failure to ensure adequate supervision (including the use of inadequate caregivers); or failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a vulnerable person’s basic emotional needs.
Physical abuse – includes hitting, shaking, throwing, poisoning, burning, scalding, drowning, suffocating or otherwise causing physical harm, misuse of medication, restraint, or inappropriate sanctions. Psychological abuse - includes emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks. Examples include not giving a vulnerable person opportunity 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 a vulnerable person, which may include interactions that are beyond a vulnerable person’s developmental capability. It may involve serious bullying (including cyber bullying), or the exploitation or corruption of a vulnerable person.
Sexual abuse- involves forcing, enticing or coercing someone to take part in sexual activities, whether or not the vulnerable person 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 a vulnerable person 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 can be carried out by adults or other children.
Child – THC regards a child as anyone under the age of 18 years, irrespective of the age of majority in the country in which the child lives or in their home country. It is widely recognised that children are generally more vulnerable to abuse and exploitation due to factors such as age, gender, social and economic status, developmental stage, and dependence on others.
Vulnerable person/people– for the purposes of this policy this is an umbrella term which covers children, young people, and vulnerable adults.
Vulnerable adult- a person, 18 years and above, who by reason of disability, age, gender, social and economic status, or illness, the context they are in, may be unable to take care of or to protect him or herself against abuse, harm, or exploitation. Youth or young people - individuals aged 15 to 25 (15 to 35 in some countries) – THC recognises that this group spans the categories of ‘children and ‘adults’ but regards young people as having safeguarding needs and requiring distinct consideration aside from younger children and older adults.
3. Scope
This policy is mandatory for all THC volunteers, interns, students, directors and any visitors with THC teams. At present THC has no employees - translators with teams are paid by Battambang Provincial Hospital. However, if THC were to have employees this policy would apply to them and any subcontractors paid by THC. This policy demonstrates how THC will meet its legal obligations and reassure volunteers, (potential future employees or subcontractors), partners and members of the public:
· On what they can expect THC to do to protect and safeguard vulnerable people.
· That they can safely voice any concerns through an established procedure.
· That all reports of abuse or potential abuse are dealt with in a serious and effective manner.
· That there is an efficient recording and monitoring system in place.
· That volunteers, (potential employees and sub-contractors’ agencies) and partners receive appropriate induction on safeguarding, either via THC or can demonstrate that they have received appropriate induction, e.g., have done level 3 safeguarding via their work and e learning for health.
· That a robust ‘safe’ recruitment procedure is in place. There are additional procedures in place that apply to those that work or have contact with, either directly or indirectly, children, young people, or vulnerable adults or who live in communities alongside them.
4.Policy statement
THC has zero tolerance against abuse and exploitation of vulnerable people. THC also recognises that safeguarding is everyone’s responsibility and that it has an obligation to put in place reasonable measures to ensure, as far as possible, the safety and wellbeing of vulnerable people with whom we work and those in the communities in which we live. THC works to the following key principles to protect vulnerable people:
· Everyone has an equal right to protection from abuse and exploitation regardless of age, race, sex, sexual orientation, marriage and civil partnership, pregnancy or having a child, gender reassignment, language, religion, political or other opinion, national, ethnic, social origin, property, disability, birth, or other status.
· The best interests of the vulnerable person are paramount and shall be the primary consideration in our decision making.
· THC will take responsibility to meet our obligations regarding our duty of care towards vulnerable people, and act where we believe that a child, young person, or vulnerable adult is at risk or is harmed.
· THC will ensure that volunteers are inducted in our Safeguarding Standards
· THC will ensure that all partners are informed and in compliance with our Safeguarding Standards.
· When working with or through partners, THC will ensure that their safeguarding procedures are consistent and in line with the principles and approaches set out in this policy.
· THC recognises that an element of risk exists, and while we may never be able to totally remove this, we need to do all we can to reduce it or limit its impact.
· THC respects confidentiality and has a responsibility to protect sensitive personal data. Information should only be shared and handled on a need-to-know basis, that is, access to the information must be necessary for the conduct of one's official duties. Only individuals who have legitimate reasons to access the information are allowed to receive it.
· THC commits to monitoring the implementation of the safeguarding policy. This policy will be reviewed after six months (January 2024) and then every three years but earlier if necessary.
5. Cultural sensitivity
THC seeks always to work in ways which are culturally sensitive and that respect the diverse nature of the people we work with. We recognise that there are many ways of thinking and taking care of vulnerable people and making sure they are protected. It is acknowledged that protecting these groups of individuals and being culturally sensitive can be a difficult balancing act, especially given the situation in many of the countries where we work. We endorse the United Nations Convention on the Rights of the Child general principle, that all the rights guaranteed by it must be available to all children without discrimination; and article 19 which accords equal rights to protection for children from abuse. Every child matters everywhere in the world. Culture must not be used as an excuse to abuse children, young people, or vulnerable adults.
6. Responsibilities
All volunteers (employees and sub-contractors,) partner organisations and visitors are obliged to follow this policy and maintain an environment that prevents exploitation and abuse, and which encourages reporting of breaches of this policy using the appropriate procedures.
All people working with THC will:
· Read, understand, and adhere to the Transform Healthcare Cambodia Child Protection and Safeguarding Policy and Code of Conduct Policy
· Strive to promote a zero-tolerance approach to discrimination, sexual harassment and abuse in all working environments.
· Strive to develop relationships with all stakeholders which are based on equality, trust, respect, and honesty.
· Place the safety and welfare of children and vulnerable people above all other considerations.
· Report any concerns they may have about the welfare of a child or vulnerable person.
· Report any concerns they may have about the behaviour of a THC representative in relation to safeguarding.
· In a one-to-one situation with a child or young person, where privacy and confidentiality are important, try to make sure that another adult knows the contact is taking place and why. If possible, ensure another adult is in sight and that the child or young person knows another adult is around.
All people working with THC will not:
· Sexually harass, assault, or abuse another person.
· Physically harass, assault, or abuse another person.
· Emotionally abuse another person, such as engaging in behaviour intended to shame, humiliate.
· Belittle or degrade.
· Condone, or participate in behaviour, which is abusive, discriminatory, illegal, or unsafe.
· Develop, encourage, or fail to report on relationships with children or other vulnerable people which could in any way be deemed sexual, exploitative.
· Act in ways that may be violent, inappropriate, or sexually provocative or agree with a child to keep a secret which has implications for their safety or the safety of other young people.
7. Team leaders and Directors
Team Leaders and the Board of Directors (Trustees) are responsible for ensuring volunteers, (employees and subcontractors) visitors and partner organisations are aware of the policy and are supported to implement and work in accordance with it, as well as creating a management culture that encourages a focus on safeguarding. They must ensure that they are responsive, acting immediately if they become aware of any safeguarding concerns, and supportive towards employees or volunteers who complain about breaches in this policy.
· Team leaders and trustees are responsible for
· Monitoring and recording safeguarding concerns.
· Ensuring referrals to the relevant authorities happen without delay.
· Updating safeguarding training for all staff
· Ensuring this policy is reviewed every 3 years or earlier if necessary.
· Ensuring it is implemented throughout the charity and safeguarding training given.
· Ensuring monitoring and recording procedures are implemented.
· Providing safeguarding supervision to volunteers
· The Board of Directors has ultimate responsibility for this policy.
8. Procedure Overview
8.1 Recruitment and selection:
Safe recruitment and vetting processes are followed for all volunteers and partners.
Where a volunteer or partner is engaged in ‘regulated activity’ (direct work with vulnerable individuals); a criminal background check will be undertaken as part of the recruitment process; or up to date check provided from a similar organisation eg NHS, University or other charitable organisation
All THC volunteers, (any employees), directors ,visitors on placements arranged by THC and any friends or family members of visitors to Cambodia if they will be going into Battambang Provincial Hospital or any other health facility being visited must sign and abide by this safeguarding policy and the Code of Conduct. The code sets out the standards of practice we expect of employees and volunteers - in terms professional competence, integrity, acting as a representative and in safeguarding.
8.2. Induction and support
Advice, support, and training on safeguarding will be provided to all employees and volunteers on:
· What they should do in the event of a disclosure
· What to do if they have concerns about the welfare of a child
· How to recognise signs of abuse
· What to do if they have concerns about a THC, volunteer, or employee of a partner organisation.
· Where to go for advice and support within the organisation
· Ensure that clear processes for reporting and dealing with safeguarding concerns and incidents are widely communicated, -regularly reviewed and consistently applied.
Where allegations are made about a volunteer careful consideration must take place about the appropriateness of the person continuing to work with THC.
9. Data protection
Ensure that personal information is kept confidential unless we have the agreement of the individual and/or their parent/guardian, except where it is necessary to pass this to a specialised child welfare or law enforcement agency in relation to a safeguarding incident.
10. Minimum standards
Where volunteers are recruited by other organisations, or when working with partners, THC will brief them on our safeguarding policy and ask for information on how the organisation works to protect vulnerable people and ensure that they meet our Safeguarding Standards.
11. Photography and social media
The following section in bold is copied from THC’s code of conduct:
You must be aware of the affect your behaviour will have on the charity’s reputation, the reputation of the organisation you work for and the wider NHS, education sector or other organisation as appropriate. Please:
· Respect the dignity of your team members when taking photographs.
· Ask for verbal consent of the patient or member of staff caring for the patient before taking any photographs. However, we have been advised that the culture in Cambodia
would always be to say yes if consent for photographs is asked, so if you are in any doubt about this please speak to your group leader.
It may be acceptable to take photographs that do not identify the patient (i.e., back view, focus on specific area of the body if sensitive and appropriate). Please discuss this with the team leader.
In summary, please treat our Cambodian colleagues and patients in the same way as you would your colleagues and patients at home.
Personal social media
The charity accepts you may want to share your experiences on social media. However, photographs of patients receiving clinical care should never be posted on your own social media.
Photos of you and your team members outside departments where no patients or Cambodian colleagues are present are acceptable. Photographs with our Cambodian colleagues are acceptable with their consent. Please be aware of your personal and professional conduct when posting pictures of social events, you may go to as part of your visit.
If in any doubt, photographs or issues associated with photos must be shown to and discussed with the team leader.
The charity may post photographs on its Transform Healthcare Cambodia Facebook page. This will be done with the consent of volunteers, patients, and our Cambodian colleagues.
Information Technology
Inform volunteers and partners that they must not use this technology for the purpose of accessing, producing, or distributing any information or violent or sexual images that are harmful to vulnerable people. This includes adult pornography, babies, children and young person sexual imagery.
12. Raising and responding to concerns
THC places a mandatory obligation on all volunteers and partners to report concerns, suspicions, allegations, and incidents which indicate actual or potential abuse or exploitation vulnerable people, or which suggests this policy may have in any other way been breached. It is not the responsibility of the volunteer to decide whether abuse has taken place. Concerns should be raised with a team leader and trustee who will initiate the procedure for dealing with suspected or actual incidents of abuse.
Team leaders are responsible for ensuring that the reporting procedure is followed so that suspected or actual cases of abuse are responded to appropriately and consistently and referred to the relevant statutory authority. To ensure that all such situations are handled appropriately and effectively:
· Reports must be made, and decisions and actions taken.
· THC is not an investigative authority. It is essential that referrals are made to the relevant law enforcement agency to ensure that appropriate protection and support is given to the vulnerable individual, and that any evidence is collected in accordance with the law.
· All sensitive and personal data must be kept confidential (including the names of anyone who makes a report of abuse) and be shared on a strictly ‘need to know that is, access must be necessary for the conduct of one’s official duties.
· Where a THC volunteer is the subject of an investigation a trustee will lead the case on behalf of the Board of trustees.
Acknowledgement:
This policy is based on policy that has been produced by the VSO organisation.
Acknowledgement:
This policy is based on the excellent policy that has been produced by the VSO organisation
Draft: D. Emerton: 05/03/2019New Paragraph