Duty of Care and Reporting Guidelines

Duty of Care and Reporting Guidelines

Where a report is received by York St John University, the University will normally only undertake an investigation or report to an external third party with the consent of the reporting student. However, if the University receives a report, either anonymously or with contact details, there are some circumstances in which we may need to make an external report even if there is no consent given.

If there is a concern regarding child safeguarding  

The University may need to do the following:  

1. Report the matter to the police and/or social care services, including where a child is in immediate danger or is at risk of harm, a crime is in progress or there is evidence of a possible criminal offence, or life is at risk.  

2. Notify the Local Authority Designated Officer, including where the case meets the reporting threshold for a “safeguarding allegation relating to a child”. 

3. Where the identity of the child is known, the child’s parents may be informed.  

4. Investigate the matter further in accordance with the University’s internal policies. In deciding whether to investigate in such circumstances, the University will consider, for example, the seriousness of the incident or where multiple allegations have been made against an individual. 

An allegation about behaviour towards an adult at risk.

An adult at risk is defined as:

1. a person has care and support needs
2. they may be experiencing or at risk of abuse and neglect; and  
3. they are unable to protect themselves from that abuse and neglect because of those care and support needs.  

The University may need to do the following:  

Refer the matter to adult social care and/or police, if an adult at risk is in immediate danger or is at risk of harm, a crime is in progress, has occurred or may occur, or life is at risk.  

If an adult at risk declines intervention, a referral to a third party may be made by the University on a case by case basis including if: 

• the adult lacks the mental capacity to make that decision – this must be properly explored and recorded in line with the Mental Capacity Act 2005;  
• other people are, or may be, at risk, including children;  
• sharing the information could prevent a crime;  
• the alleged abuser has care and support needs and may also be at risk;  
• a serious crime has been committed;  
• the adult has the mental capacity to make that decision but they may be under duress or being coerced;  
• the risk is unreasonably high and meets the criteria for a multi-agency risk assessment conference referral;
• a court order or other legal authority has requested the information.  

In deciding whether to investigate in such circumstances, the University will consider the seriousness of the incident.

 Involvement of police and criminal courts

 It is normally the reporting student’s decision whether or not to report a crime to the police, although the following exceptions apply:

·In some circumstances, it is a legal requirement for the University to report incidents to the police, e.g. under the Acts of Parliament relating to the prevention of terrorism and the protection of children or safeguarding of other vulnerable persons.

·Circumstances may arise when failure to report a matter to the police may be against the public interest or the interest of the University community, for example, when significant violence has been used which may subsequently put the reporting student or others at risk. In such a case, the Disciplinary Officer and University Secretary will make the decision whether the matter should be reported to the police, taking into account any potential harm to the reporting student from unauthorised disclosure, including further distress to the student and loss of trust in the University.

·Once the reporting student has made a decision about the next step then, save in exceptional circumstances, for example, where a report to the police is necessary to protect the reporting student (or others) from harm or to prevent a further crime taking place, the university should seek to act in accordance with the reporting student’s wishes.

Duties under the Counter Terrorism and Security Act 2015

The University has a legal duty to share information – in confidence – within the University, and with external authorities, on matters related to individuals assessed as vulnerable to being drawn into terrorism, or at risk of being complicit in terrorist activity. Confidentiality cannot be guaranteed if, as a result of an investigation, individuals are requested to participate in subsequent investigations by the statutory authorities.

Definitions  

A “child” is anyone who has not yet reached their 18th birthday. The fact that a child has reached 16 years of age, is living independently or is in further education does not change their status or entitlements to services or protection.  

An "adult with care and support needs" or “adult at risk” – to whom safeguarding duties apply – is a person aged 18 or over who:  

• has needs for care and support (whether or not the local authority is meeting any of those needs);

• is experiencing, or is at risk of, abuse or neglect; and  

• as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.  

A “safeguarding allegation relating to a child” is an allegation that a person has: 

• behaved in a way that has harmed a child, or may have harmed a child  

• possibly committed a criminal offence against or related to a child  

• behaved towards a child or children in a way that indicates they may pose a risk of harm to children.