Organisations that work with children or other vulnerable demographics of people must have zero tolerance for abuse and harm. This requires effective safeguarding practices to manage risks, and prevent and respond to incidents and concerns. Implementing robust policies and procedures is a crucial step in ensuring an organisation is safe for children and vulnerable people, and empowering staff to take responsibility for safeguarding. It is also a requirement of the Victorian Child Safe Standards.
However, critical incidents can still occur. When they do, organisations and their staff must be prepared to respond effectively and efficiently, and in accordance with their legal and ethical obligations.
In this article, we set out nine key steps for organisations to respond to critical child safety incidents.
1. Respond to any emergency
If there is immediate risk of harm, you must ensure that you protect the safety and wellbeing of all people present. This should involve calling 000 for Emergency Services, separating people involved or removing a person from a situation, and engaging another responsible person or people to assist in a coordinated response.
2. Provide support
It is important to provide ongoing support to any parties impacted by the incident from the time of the incident or disclosure until the matter is resolved. This includes the child, witnesses, and any staff who have been involved in the response. Even if a person was only impacted indirectly, it will be important to monitor for vicarious trauma or other wellbeing concerns. Ensure support is trauma-informed, and engage with appropriately qualified professionals where required.
3. Assess the incident and escalate accordingly
Your response to an incident will depend on the type of incident that has occurred. Where you suspect that child abuse has occurred or that a child is at risk or in need of protection, you may have obligations to make a report to Police and/or relevant government department (such as the Department of Families, Fairness and Housing). You might also have obligations to report under a Reportable Conduct Scheme, if the concerns involve a worker at the organisation. Where a reporting obligation has arisen in Victoria, a report must be made as soon as is practicable (or within three days under the Reportable Conduct Scheme). It is rarely ever appropriate to conduct a preliminary investigation to ‘test’ the allegations or concerns prior to making a report.
When assessing and escalating the concerns, ensure that you consult your organisation’s safeguarding policies and procedures for further guidance, or a Child Safety Officer within your organisation. You must also maintain the privacy of the child, and only disclose the incident to relevant authorities and those within your organisation who need to be informed.
In addition to reporting obligations, it may be useful to seek support from an external body. For instance, where an incident involves the publication of material online, it could be appropriate to contact the E-Safety Commissioner. If you are unsure of what to do, you may wish to enquire with a government regulator on the record or anonymously. Records should be kept of the enquiries made and advice or guidance provided. Where there are legal or reputational risks involved, it may be important to obtain legal advice. Similarly, where an incident requires an organisation to investigate allegations, it might be appropriate to engage an independent investigator.
4. Secure any evidence
It will be important to secure any evidence in a manner that is safe and consistent with your legal obligations. For example, where an incident involves child-abuse material, it will not be appropriate or lawful to keep a screenshot of that material as evidence on your personal device without disclosing it to relevant authorities, or to destroy any evidence.
5. Make and maintain records
You must make and maintain records of any incidents, consistent with your organisation’s policies and any legal obligations. Records should be made consistent with the Record-keeping Principles arising from the Royal Commission into Institutional Responses to Child Sexual Abuse. This means that records should be full and accurate and made about all incidents, responses and decisions affecting child safety. They should be maintained appropriately and only disposed of in accordance with law or policy. For some organisations, there is a freeze on disposal of records related to child sexual abuse, to recognise that there may be significant delays in disclosure.
6. Inform parents or carers if and when appropriate
It is important to keep a child’s parents or carers informed about the child’s safety. However, where there are concerns that abuse has occurred within the child’s family or home, this may pose further risk. You should consult with the relevant authority, such as Police, before doing so.
7. Address any breaches
Where a critical incident occurred due to a suspected breach by a worker within your organisation, it may be important to suspend the worker and conduct an investigation. If the breach is substantiated, it should be addressed appropriately. Depending on the circumstances, that may involve taking disciplinary action and/or notifying any relevant regulatory bodies (such as the Victorian Institute of Teaching, where it involves a teacher).
8. Provide ongoing support
Support and communication with those affected should be ongoing, particularly where there are concerns for health, safety or wellbeing. Ensure that your organisation has appropriate supports in place to minimise further risks of harm, and that they are effectively communicated.
9. Conduct an evaluation and debrief
Safeguarding policies, procedures and codes of conduct should be regularly reviewed, evaluated and updated, including after every critical incident. A debrief is an effective way to ensure that staff who responded to the incident can identify gaps in the policies and procedures and key learnings from the response process.
How we can help
For assistance with responding to critical incidents in an effective and trauma-informed way, or developing your organisation’s safeguarding strategies, please get in touch with the Moores Safeguarding team.
Contact us
Please contact us for more detailed and tailored help.
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