Child Protection and Safeguarding Children Policy - Hastings and ...

 
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Eastbourne, Hailsham and Seaford CCG
                                                                         Hastings and Rother CCG
                                                                   High Weald Lewes Havens CCG

  Child Protection and Safeguarding
           Children Policy

APPROVED BY:                to be Approved by the Quality and Governance Committees

EFFECTIVE FROM:             May 2018

REVIEW DATE:                May 2020

This policy must be read in conjunction with the following policies:

Data Protection Policy
Disciplinary Policy
Domestic Abuse Policy
Managing Allegations against people who work with Children Policy
Freedom of Information Policy
Freedom to Speak Up (Whistleblowing) Policy
Information Governance Policy
Learning and Development Policy
Managing Allegations Against Staff who work with Adults Policy
Managing Allegations Against Staff who work with Children Policy
Mental Capacity Act and Deprivation of Liberty Policy
PREVENT Policy including reporting procedure
Records Management Policy
Risk Management Strategy
Risk Management Policy
Safeguarding Adults Policy
Safeguarding Supervision Policy
Serious Incident Assurance Policy

NHS Assurance and Accountability Framework
Sussex Protection and Safeguarding Child Procedures (2011)
Version Control
Policy Category:
Relevant to (Staff Group):      All staff in EHS/HR/HWLH CCGs
Version History:
Version      Date:              Changes Made:
No:
1.           Jul 2007           Following consultation with Primary Care Trust (PCT)
                                Safeguarding Strategic Group.
2.            Aug 2007          Review
3.            Apr 2008          Formatting and editing to comply with PCT standards
4.            Dec 2009          Review V1 / V2 (NHS West Sussex)
5.            May 2012          Review (NHS Sussex)
6.            Sept 2012         Review by shadow EHS/HR/HWLH CCGs
7.            Dec 2013          Review V2
8.            Sept 2015         Agreed by Quality and Governance Committee. Ratified by
                                Governing Bodies.
8.1.          Nov 2015          Policy updated to reflect the a change of provider for the Pan
                                Sussex Child Protection and procedures
8.2.          March 2018        Review by designated Nurse Safeguarding Children while
                                waiting for revision of statutory guidance
8.3.          April 2018        Review by Governance and Policy Officer
8.4.          May 2018          Review by Chief Nurse
8.5.          May 2017          Agreed by Q&G Committees
9.            May 2018          Noted by Governing Bodies

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                        Page 2 of 37
Contents
1. STAFF QUICK REFERENCE GUIDE. .............................................................................. 4
2. PURPOSE. ........................................................................................................................ 4
3. SCOPE. ............................................................................................................................. 5
4. PRINCIPLES. .................................................................................................................... 6
5. RESPONSIBILITIES. ........................................................................................................ 7
6. REQUIREMENTS. ............................................................................................................. 8
   6.1. Accountability. .......................................................................................................... 8
   6.2. Procedures. ............................................................................................................... 9
   6.3. Commissioning. ........................................................................................................ 9
   6.4. Safer Recruitment. .................................................................................................. 10
   6.5. Training and Development. .................................................................................... 10
   6.6. Supervision. ............................................................................................................. 11
   6.7. Effective Inter-agency Working. ............................................................................. 11
   6.8. Monitoring. ............................................................................................................... 11
7. REFERENCES ................................................................................................................ 12
8. EQUALITY STATEMENT. ............................................................................................... 14
9. MONITORING AND REVIEW. ......................................................................................... 14
Appendix 1: Child Safeguarding reporting flowchart. ...................................................... 15
Appendix 2: East Sussex Child Protection and Safeguarding Children Training
                     Strategy. ......................................................................................................... 16
Appendix 3: East Sussex CCGs’ Safeguarding Strategy. ................................................. 19
Appendix 4: Children’s Safeguarding Supervision Guideline. ......................................... 23
Annex 1: Supervision Contract. .......................................................................................... 32
Annex 2: Supervision Record Sheet. .................................................................................. 35

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                                                       Page 3 of 37
1.     STAFF QUICK REFERENCE GUIDE.

1.1    Eastbourne Hailsham and Seaford (EHS) Clinical Commissioning Group (CCG) and
       Hastings and Rother (HR) CCG have a joint staff structure. This policy covers both
       organisations and they are referred to jointly as “the CCG”.

1.2    Safeguarding Children is a core, statutory responsibility in NHS commissioning.

1.3    All staff working for the CCGs, regardless of their role or place within the organisation,
       have a responsibility to ensure that children are kept safe.

1.4    Section 11 of the Children Act 2004 places a duty on CCGs to ensure that all services
       they commission discharge their functions with regard to the need to safeguard and
       promote the welfare of children. Children are defined as those who have not yet
       reached their eighteenth birthday.

1.5    Section 11 of the Children Act 2004 places a statutory duty on organisations and
       individuals, to ensure that their functions are discharged with regard to the need to
       safeguard and promote the welfare of children (Child Protection). This policy sets out
       the key arrangements for safeguarding and promoting the welfare of children for
       Eastbourne Hailsham and Seaford, Hastings and Rother and High Weald Lewes
       Havens Clinical Commissioning Groups (CCGs). All information in this policy relates to
       the above CCGs.

1.6    This policy outlines the responsibilities of key members of the CCG Boards,
       governance arrangements and accountability framework. The policy describes how
       safeguarding permeates all areas of CCG business including commissioning, learning
       and development, recruitment and inter-agency working. It describes the statutory
       functions and essential roles that CCGs should secure.

1.7    The policy provides an overview of assurance in terms of safeguarding standards and
       identifies a two-year strategy which includes priorities for the safeguarding team.

1.8    Compliance with all CCG policies is a condition of employment. Breach of policy may
       result in disciplinary action.

1.9    All reasonable steps have been taken to ensure that this Policy reflects the:
        Equality and diversity agenda.
        Relevant articles of the Human Rights Act 1998.
        Health and Safety at Work Act 1974 and associated legislation.
        Freedom of Information Act 2000.
        Equality Act 2010.

1.10 See the Key Staff Contacts page on the Intranet for relevant information.

2.     PURPOSE.

2.1.   This policy sets out the key arrangements for safeguarding and promoting the welfare
       of children in East Sussex. It should be read in conjunction with, and supports, the
       multi-agency Sussex Child Protection and Safeguarding Procedures.

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                         Page 4 of 37
2.2.   At all levels within the organisations, the CCGs are committed to the promotion of
       children’s welfare and to protecting them from abuse and neglect. The purpose of this
       policy is to outline the structure and describe the systems that enable the promotion of
       children’s welfare and child protection and to describe monitoring processes. Staff must
       be aware of their role in safeguarding and protecting children. There must be a
       framework for the development of competence and confidence in this role and
       appropriate support in order to achieve this.

2.3.   Section 11 of the Children Act 2004 places a statutory duty on organisations and
       individuals to ensure that their functions are discharged with regard to the need to
       safeguard and promote the welfare of children. The statutory guidance Working
       Together to Safeguard Children (WTTSC 2015) sets out how professionals should
       work together in multi-agency teams to promote children’s welfare and protect them
       from abuse. This guidance is currently under review. The three Local Safeguarding
       Children Boards (LSCBs), West Sussex LSCB, Brighton and Hove LSCB and East
       Sussex LSCB jointly provide the procedures that guide those members of staff working
       across Sussex (Sussex Child Protection and Safeguarding Procedures 2011). The
       CCGs, as stated above, acknowledge the importance of staff receiving adequate
       training and supervision.

2.4.   The CCGs will safeguard and promote the welfare of children through:
        Ensuring that there is a commitment throughout the organisations, from top to
          bottom to safeguard children.
        Ensuring that the health contribution to safeguarding and promoting the welfare of
          children is discharged effectively and monitored appropriately across the whole
          local health economy through commissioning arrangements.
        Ensuring that there are clear lines of accountability for safeguarding and clear
          organisational structures to work within.
        Supporting a culture that promotes and enables safeguarding issues to be
          addressed and decisions, actions and outcomes properly recorded.

2.5.   This policy also gives consideration to meeting the requirements of:
        Standard 5 - National Service Framework for Children, Young People and
           Maternity Services 2004.
        Care Quality Commission Guidance on meeting:
           o Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
           o Care Quality Commission (Registration) Regulations 2009 (Part 4).

3.     SCOPE.

3.1.   This policy applies to the three CCGs in East Sussex. There is a shared management
       team and Chief Officer for Eastbourne Hailsham and Seaford CCG and Hastings and
       Rother CCG and a separate management team and Chief Officer for High Weald
       Lewes Havens CCG.

3.2.   This policy applies to all staff working for the CCGs regardless of their role or place
       within the organisations. It must be brought to their attention and read by them. The
       policy is also applicable to contractors and volunteers working within the organisations.
       Children are defined as anyone under 18 years of age (Children Act 2004) and for the
       purpose of these procedures in line with Sussex Child Protection and Safeguarding
       Procedures 2011, include the unborn child.

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                       Page 5 of 37
3.3.   Reference is made here to the Sussex Safeguarding Adult policy and procedures that
       gives guidance in relation to vulnerable adults. This is available on the staff Intranet at:
       www.eastbournehailshamandseafordccg.nhs.uk/intranet/intranet-
       search/?q=safeguarding+adults

3.4.   Section 11 of the Children Act 2004 places a duty on CCGs to ensure that all health
       providers with whom they have commissioning arrangements discharge their functions
       with regard to the need to safeguard and promote the welfare of children. CCGs must
       ensure providers can demonstrate their compliance of safeguarding as described in
       NHS Standard Contract 2017/19, Service Conditions 32-35 (inclusive) and they are
       required to conform to any legal responsibilities. These will be in line with Sussex Child
       Protection and Safeguarding Procedures 2011 and be easily accessible for staff within
       the organisation providing services commissioned.

4.     PRINCIPLES.

4.1.   Within Section 1.2 Underlying Policy, Principles and Values of the Sussex Child
       Protection and Safeguarding Procedures 2011 is the shared beliefs section, which the
       CCGs support and endorse. The shared beliefs state that all children have the right to
       be safeguarded from harm and exploitation whatever their:
        Race, religion, first language or ethnicity.
        Gender or sexuality.
        Age.
        Health or disability.
        Location or placement.
        Any criminal behaviour.
        Political or migration status.

4.2.   The CCGs are committed to promoting a culture where employees are able to raise
       concerns about safeguarding issues and will be supported in doing so. The Freedom to
       Speak Up (Whistleblowing Policy) is available on the staff Intranet at:
       www.eastbournehailshamandseafordccg.nhs.uk/intranet/intranet-
       search/?q=whistleblowing

4.3.   Failure to comply could leave the organisations exposed to challenge by LSCB who
       have a statutory duty to monitor the CCGs’ compliance with discharging their duties
       under Section 11 Children Act 2004 and from other inspectorial and regulatory bodies,
       for example the Care Quality Commission (CQC) or NHS Improvement which brings
       together Monitor, NHS Trust Development Authority, Patient Safety, the National
       Reporting and Learning System, the Advancing Change Team and the Intensive
       Support Teams.

4.4.   Promoting children and young people’s wellbeing and safeguarding them from
       significant harm is crucially dependent upon effective information sharing. All
       employees should follow the guidance in section 2 of the Sussex Child Protection and
       Safeguarding Procedures (2011) and the Information Sharing: Advice for practitioners
       providing safeguarding services to children, young people, parents and carers (HM
       Government 2015).

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                          Page 6 of 37
5.     RESPONSIBILITIES.

5.1.   The Chief Officer (EHS and HR) has ultimate responsibility for ensuring that the
       health contribution to safeguarding and promoting the welfare of children is discharged
       effectively across the relevant part(s) of the East Sussex health economy through the
       commissioning arrangements and to ensure the CCG works with the local authority in
       the operation of the LSCB and support the work carried out by the LSCB.

5.2.   The Chief Officer (HWLH CCG) has ultimate responsibility for the day-to-day delivery
       of the safeguarding arrangements and is accountable managerially for ensuring the
       outcomes are delivered. This includes, but is not restricted to, robust CCG
       arrangements to discharge safeguarding requirements, assurance of staff training and
       competence, effective partnership working, participation in the LSCB and access to
       clinical expertise. They have delegated some of the responsibilities for delivering the
       operational functions to the CCG Head of Quality. Together they keep the CCG
       Governing Body fully informed, to enable the Governing Body to be assured via its
       governance framework.

5.3.   The Chief Nurse, (EHS CCG and HR CCG) has the delegated responsibility from the
       Chief Officer, EHS and HR CCG for the day-to-day delivery of the safeguarding
       arrangements and is accountable managerially for ensuring the outcomes are
       delivered. This includes, but is not restricted to, robust CCG arrangements to discharge
       safeguarding requirements, assurance of staff training and competence, effective
       partnership working, participation in the LSCB and access to clinical expertise.

5.4.   The CCG Governing Body GP Lead for Safeguarding is the Member with the day-to-
       day delegated responsibility, from the Chief Officer of the CCG, to be accountable for
       assuring that the CCG is discharging its responsibilities effectively through the
       safeguarding arrangements in place to meet legislative, national and local
       requirements and outcomes. They are responsible at Governing Body level for
       ensuring safeguarding is central to decision making around commissioned services
       and in the operation of the CCG.

5.5.   The designated professionals and Named GP have a reporting relationship to the
       Governing Body GP Lead for Safeguarding to ensure access outside the line
       management arrangements for assurance.

5.6.   Human Resources. The three CCGs in East Sussex commission Human Resource
       expertise via the Commissioning Support Unit. The relevant Chief Officers hold the
       responsibility for this contract.

5.7.   Designated Doctor and Nurse. Each CCG has a statutory duty to identify a senior
       paediatrician and senior nurse to undertake the roles of designated professionals for
       safeguarding children. They take a strategic and professional lead on all aspects of the
       health service contribution to safeguarding children across the health economy
       (Section 11 Children Act 2004). Designated professionals may be employed by a
       Provider Service and their functions discharged through a Service Level Agreement
       (SLA). In the case of the designated doctor this will be obligatory as the designated
       doctor has to be a senior paediatrician employed by an organisation delivering services
       to children. Safeguarding roles and responsibilities should be clearly identified within
       job descriptions with reference to the competencies identified in the Intercollegiate
       Document “Safeguarding children and young people: roles and competences for
       health care staff” (3rd edition 2014).

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                      Page 7 of 37
The designated professionals are responsible for ensuring that this policy is
       implemented and that all staff are fully conversant and compliant with the requirement
       of any other policies, procedures and guidance relating to the protection of children.
       The designated professionals are also responsible for ensuring that Sussex Child
       Protection and Safeguarding Procedures are kept up to date.

5.8.   Named Doctors, General Practitioner, Nurses, Midwives and Professionals. The
       CCGs will support health providers with their responsibilities for identifying named
       doctors, nurses and other health professionals required for their organisation who will
       take a professional lead within their own organisation on safeguarding children matters
       (Section 11 Children Act 2004). Safeguarding roles and responsibilities should be
       clearly identified within job descriptions with reference to competencies identified in the
       Intercollegiate Document (2014). Named professionals will be supported and
       supervised by the designated doctor and designated nurse.

       A named GP will support independent contractors in their safeguarding role. Other
       professionals, such as a named dentist, could be identified to support dentists in their
       specialist roles.

6.     REQUIREMENTS.
       The CCGs are required, through Section 11 Children Act, to ensure that the following
       systems are in place.

6.1. Accountability.
6.1.1. The CCGs have clear lines of accountability within the organisations for work on
       safeguarding and promoting the welfare of children.

6.1.2. Reports will be submitted to the Boards as requested, but at least annually by the Chief
       Nurse. Reports will provide information on the overall picture of safeguarding children
       across East Sussex, including what is working well and action plans for what needs to
       be improved.

6.1.3. The Governing Bodies delegate to their committees responsibility for monitoring the
       implementation of this policy.

6.1.4. The CCGs are monitored in fulfilling their functions by NHS England, CQC, NHS
       Resolution (formally the NHS Litigation Authority) and the LSCB.

6.1.5. It is a requirement of Working Together to Safeguard Children (HM Government 2015)
       that designated professionals will be performance-managed in relation to their
       designated functions by a Board Level Director who has executive responsibility for
       safeguarding children as part of their portfolio of responsibilities. Where this person is
       not the Board level lead for Clinical Governance and Clinical Professional Leadership,
       the designated professionals will also need to work closely with this lead person.

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                         Page 8 of 37
6.2. Procedures.
6.2.1. The CCGs will ensure that internal procedures are in place to direct staff in meeting the
       requirements of this policy and that these procedures support and are in line with the
       Sussex Child Protection and Safeguarding Procedures, 2011, of the three relevant
       LSCBs.

6.2.2. Internal and Pan Sussex Procedures will be easily accessible for staff at all levels
       within the organisation. Internal procedures are available on the Intranet sites:
       www.westsussex.gov.uk/lscb          www.brightonandhovelscb.org.uk/,
       www.eastsussexlscb.org.uk

6.2.3. The CCGs will expect that all health providers from whom they commission services –
       both public and independent sector – have comprehensive single and multi-agency
       policies and procedures to safeguard and promote the welfare of children which are in
       line and informed by the multi-agency LSCB procedures, and are easily accessible for
       staff at all levels within each organisation. This includes specific guidance for staff
       relating to the action that must be taken following missed health appointments
       (Reference: CQC 2009 Report following the death of Baby P).

6.2.4. Additionally, procedures and training will incorporate the key messages from the
       counter-terrorism strategy Building Partnerships, Staying Safe, the health sector
       contribution to HM Government’s Prevent Strategy: Guidance for healthcare
       organisations (DH 2011) and Prevent statutory guidance (2015).

6.3. Commissioning.
6.3.1. In commissioning services, the CCGs expect that all providers meet the standards as
       set out in the CQC’s Statement on CQC’s roles and responsibilities for safeguarding
       children and adults. This includes the commissioning of public health services
       undertaken by the local authority which includes sexual health, school health services
       and, from October 2015, health visiting and Family Nurse Partnership. As
       commissioners of these health services, local authorities should liaise with the
       Designated Nurse as part of their assurance process to ensure that effective
       safeguarding arrangements are in place within these services to safeguard children
       and young people. (Accountability and Assurance Framework, NHS England 2015)

6.3.2. The CCGs must ensure, through commissioning, that paediatricians with expertise in
       examining, identifying and assessing children and young people who may have
       experienced abuse or neglect are available to undertake medical examinations under
       child protection procedures.

6.3.3. The fact that children will be seen in a timely manner must be a key consideration. The
       CCGs will work with Sussex Police to develop services for children who, during the
       course of examination, may require the collection of forensic specimens and ensure
       that these examinations take place in the appropriate setting with appropriate
       experienced staff available and that there is expertise available for the on-going care of
       these young people (GU medicine, sexual health services, psychological support).
       Reference: Facing the Future; standards for Paediatric Services. Dec 2010, RCPCH.

6.3.4. From April 2015, a Paediatric Sexual Assault Resource Centre (SARC) in Brighton has
       provided a comprehensive service for Sussex children up until their 14 th birthday. This
       includes forensic and historical examinations. All requests for a forensic examination
       must come from a social worker or police officer. From July 2015, all concerns
       regarding child sexual abuse (CSA), both forensic and historic, go centrally to the

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                        Page 9 of 37
Brighton Hub. Children will then be seen in the most appropriate setting, either locally
       by their local paediatrician or at the Brighton CSA Hub.

6.4. Safer Recruitment.
6.4.1. The CCGs, in partnership with HR, will ensure recruitment and Human Resource
       management procedures take into account the need to safeguard and promote the
       welfare of children and young people, including arrangements for appropriate checks
       on new staff and volunteers. The CCGs will ensure that managers have access to
       training in safer recruitment practices. The CCGs will work to ensure that at least one
       person on an interview panel recruiting for a post that involves working with children
       will have undertaken safer recruitment training.

6.4.2. The CCGs have in place policies for dealing with allegations of abuse against members
       of staff and volunteers who work with children, and for monitoring and evaluating the
       effectiveness of those procedures See Managing Allegations against people who work
       with Children, available on staff Intranet at:
       www.eastbournehailshamandseafordccg.nhs.uk/intranet/intranet-
       search/?q=managing+allegations+children

6.5. Training and Development.
6.5.1. All staff, and those services contracted by the CCGs, should ensure that they are
       trained appropriately, are competent to be alert to potential indicators of abuse or
       neglect in children and know how to act on their concerns consummate to their role.
       This should be in line with the Intercollegiate Document 2014. ’Individual agencies are
       responsible for ensuring that all their staff are competent and confident in carrying out
       their responsibilities for safeguarding and promoting children’s welfare’ (Working
       Together to Safeguard Children WTTSC 2015). Staff should also be made aware of
       the HM Government guidance What to do if you’re worried a child is being abused-
       Advice for practitioners (2015) (Appendix 4)

6.5.2. This includes:
        Child Protection awareness is included in the mandatory Induction Programme for
           the CCGs and all contracted and commissioned services.
        There is a tiered approach to child protection training and development
           requirements for all staff and there is a training strategy in place to support this (as
           per 'WTTSC 2015 and Intercollegiate document 2014).
        The CCGS support and promote inter-agency training provided by the East Sussex
           LSCB. The CCGs will ensure there are protected resources and funding available
           for child protection training for designated and named staff.

6.5.3. All staff must:
        Be aware of the risk factors for child abuse – this includes situations where adults
            may pose a risk to children.
        Know how to recognise the different forms of abuse.
        Know how to act if a child’s welfare or safety may be at risk.
        Be aware of local procedures in child protection.
        Know the names and contact details of named and designated professionals
        Ensure they have access to adequate training, relevant to fulfil the responsibilities
            of the post.

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                        Page 10 of 37
6.6. Supervision.
6.6.1. All staff working for the CCGs have access to child protection supervision through the
       designated professionals. The CCGs have a Safeguarding Children Supervision
       Guideline at Appendix 4 which provides specific guidance on how supervision is to be
       conducted within the context of child safeguarding / child protection. The Children and
       Young Persons Continuing Care Team (CYPCC) is an integral part of East Sussex
       Continuing Care and is an operational service, provided directly by the CCG. The
       CYPCC team are staff who work directly with children and families offering advice,
       support and care. The guideline will also apply to other CCG employees who maintain
       NMC registration and have contact with children and families.

6.6.2. For those services commissioned and contracted by the CCGs, all members of staff
       whose work brings them into direct contact with children and families should have
       access to regular structured supervision. This should be clearly defined in the internal
       Child Protection Procedures of that organisation.

6.7. Effective Inter-agency Working.
6.7.1. It is the philosophy of the CCGs to work collaboratively with other organisations to
       safeguard and promote the welfare of children and work within the information sharing
       guidance of the LSCB Procedures.

6.7.2. The CCGs are committed to supporting the work of the LSCB and to ensuring that
       there is senior representation on the LSCB Board, Steering Group and LSCB sub-
       groups as appropriate. The CCGs will support the LSCB with expertise from the
       Designated Nurse and Doctor as expert professional advisors.

6.7.3. The CCGs will work with the Local Authority to commission and provide coordinated
       and, wherever possible, integrated services.

6.8. Monitoring.
6.8.1. The CCGs will ensure that safeguarding the welfare of children is integral to clinical
       governance and audit arrangements. This policy will be implemented and monitored
       through the CCG governance frameworks. This Policy will be attached to every
       contract pertaining to Children’s Services.

6.8.2. The CCG policy on the Serious Incident Assurance will be followed and all incidents
       related to safeguarding or child deaths reported appropriately and monitored through
       the Serious Incident Scrutiny Group. The Serious Incident Assurance Policy is
       available on the staff Intranet at:
       www.eastbournehailshamandseafordccg.nhs.uk/intranet/intranet-
       search/?q=serious+incident

6.8.3. All Serious Case Reviews involving the health services across East Sussex will be
       coordinated by the relevant Designated Professionals and NHS England will be kept
       informed.

6.8.4. The CCGs will require all NHS Providers to give assurance that they are protecting
       children by following national guidance, both internally and in their working with other
       organisations, and can evidence that their safeguarding responsibilities are being
       fulfilled.

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                       Page 11 of 37
7.     REFERENCES

Acts of Parliament.

Children Act 2004. www.legislation.gov.uk/ukpga/2004/31/contents

Equality Act 2010. www.gov.uk/guidance/equality-act-2010-guidance

Freedom of Information Act 2000.
ico.org.uk/for-organisations/guide-to-freedom-of-information/what-is-the-foi-act/

Health and Safety at Work Act 1974 and associated legislation.
www.hse.gov.uk/legislation/hswa.htm

Human Rights Act 1998. www.legislation.gov.uk/ukpga/1998/42/contents

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
www.legislation.gov.uk/uksi/2014/2936/contents/made

Care Quality Commission (Registration) Regulations 2009.
www.legislation.gov.uk/uksi/2009/3112/contents/made
      Part 4. www.legislation.gov.uk/uksi/2009/3112/part/4/made

Government Publications.

Building Partnerships, Staying Safe, the health sector contribution to HM Government’s
Prevent Strategy: Guidance for healthcare organisations (DH 2011).
www.gov.uk/government/publications/building-partnerships-staying-safe-guidance-for-
healthcare-organisations

Every Child Matters. CM 5730 (2003).
www.gov.uk/government/publications/every-child-matters

Information Sharing: Advice for practitioners providing safeguarding services to children,
young people, parents and carers (2015).
www.gov.uk/government/publications/safeguarding-practitioners-information-sharing-advice

National Service Framework for Children, Young People and Maternity Services. (2004)
www.gov.uk/government/publications/national-service-framework-children-young-people-and-
maternity-services

PREVENT statutory guidance (2015).
www.gov.uk/government/publications/prevent-duty-guidance

What to do if you’re worried a child is being abused- Advice for practitioners (2015).
www.gov.uk/government/uploads/system/uploads/attachment_data/file/419604/What_to_do_if
_you_re_worried_a_child_is_being_abused.pdf

Working Together to Safeguard Children (2015).
www.gov.uk/government/publications/working-together-to-safeguard-children--2

Eastbourne Hailsham and Seaford Clinical Commissioning Group
Hastings and Rother Clinical Commissioning Group
2018 Safeguarding Children Policy                                      Page 12 of 37
NHS Publications and Websites.

NHS Improvement . improvement.nhs.uk/

NHS Resolution (formally the NHS Litigation Authority). resolution.nhs.uk/

NHS Standard Contract 2017/19. www.england.nhs.uk/nhs-standard-contract/17-19-updated/

Safeguarding Vulnerable People in the NHS: Accountability and Assurance Framework (July
2015).
www.england.nhs.uk/wp-content/uploads/2015/07/safeguarding-accountability-assurance-
framework.pdf

Local Safeguarding Children Boards.

Brighton and Hove. www.brightonandhovelscb.org.uk/

East Sussex. www.eastsussexlscb.org.uk

West Sussex. www.westsussex.gov.uk/lscb

Other Publications and Websites.

Care Quality Commission. www.cqc.org.uk/

Care Quality Commission Guidance on meeting:
    Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
    Care Quality Commission (Registration) Regulations 2009 (Part 4).

CQC Report following the death of Baby P (2009).
www.cqc.org.uk/news/releases/care-quality-commission-publishes-report-nhs-care-baby-peter

CQC’s Statement on CQC’s roles and responsibilities for safeguarding children and adults.
www.cqc.org.uk/sites/default/files/20150710_CQC_New_Safeguarding_Statement.pdf

Intercollegiate Document: Safeguarding children and young people: roles and competences
for health care staff. (Royal College of Paediatrics and Child Health - 3rd edition 2014).
www.rcpch.ac.uk/sites/default/files/page/Safeguarding%20Children%20-
%20Roles%20and%20Competences%20for%20Healthcare%20Staff%20%2002%200%20%2
0%20%20(3).pdf

Paediatric Sexual Assault Resource Centre (SARC) in Brighton.
www.sussexcommunity.nhs.uk/services/servicedetails.htm?directoryID=22678

Sussex Child Protection and Safeguarding Procedures.
sussexchildprotection.procedures.org.uk/

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8.     EQUALITY STATEMENT.

       In applying this policy, the CCG will have due regard for the need to eliminate unlawful
       discrimination, promote equality of opportunity, and provide for good relations between
       people of diverse groups, in particular on the grounds of the following characteristics
       protected by the Equality Act (2010); age, disability, sex, gender reassignment,
       marriage and civil partnership, pregnancy and maternity, race, religion or belief, and
       sexual orientation, in addition to offending background, trade union membership, or any
       other personal characteristic.

9.     MONITORING AND REVIEW.

       This policy will be reviewed every two years by the Designated Nurse Safeguarding
       Children. Where review is necessary due to legislative change, this will happen
       immediately

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Appendix 1: Child Safeguarding reporting flowchart.

                                                                             *HR CCG Governing
   *HWLH CCG Governing                   *EHS CCG Governing
                                                                              Body and GP Lead
     Body and GP Lead                     Body and GP Lead
                                                                                Safeguarding
       Safeguarding                         Safeguarding
                                                                                   ***Lead

          Chief Officer                                            Chief Officer
            HWLH                                                    EHS / HR

         Head of Quality                                            Chief Nurse
            HWLH                                                     EHS / HR

                                                                             Designated
                                      Designated Nurse
                                                                          Paediatrician Child
                                      Child Safeguarding
                                                                            Safeguarding

                                                                Named GP Child
                                                               Safeguarding Lead
                                                                  East Sussex

       Reporting relationship only

*Designated professionals have a reporting relationship to the Governing Body GP Leads for
Safeguarding

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Appendix 2: East Sussex Child Protection and Safeguarding Children Training
Strategy.

1.     Introduction.
1.1.   This Training Strategy has been written within a legislative framework. For
       Safeguarding Children and Young People these responsibilities are identified in:
         Children Act 1989
         Children Act 2004
         Working Together to Safeguard Children (2015)
         Safeguarding children and young people: roles and competences for health care
           staff. Intercollegiate document RCPCH (2014)

1.2.   The CCGs are committed to safeguarding and promoting the welfare of children and
       young people. As commissioning organisations, they must ensure that employees and
       staff working in those services commissioned and contracted by them understand their
       role and responsibilities regarding safeguarding children and young people.

1.3.   The strategy responds to the expectations of the Care Quality Commission (CQC) as
       communicated through their review of arrangements in the NHS for Safeguarding
       Children (July 2009) and compliance with the Care Quality Commission Guidance on
       meeting:
         Health and Social Care Act 2008 (Regulated Activities) Regulations 2014.
         Care Quality Commission (Registration) Regulations 2009 (Part 4).

2.     National Context.
2.1.   Delivery of this strategy will ensure the foundations are in place from which the CCGs
       will discharge their statutory duty to safeguard and promote the welfare of children as
       defined for NHS staff (Section 11 of the Children Act 2004).

2.2.   Lord Laming in his report “The Protection of Children in England” A Progress Report
       (March 2009), emphasises the need for safeguarding training with his
       recommendation:

              “Children’s trusts should ensure that all staff who work with children receive
              initial training and continuing professional development which enables them to
              understand normal child development and recognise potential signs of abuse
              and neglect.”

2.3.   HM Government 2015, “Working Together to Safeguard Children” clearly affords the
       responsibility to employers to ensure that their staff are competent and confident in
       carrying out their responsibility to promote the safety and welfare of children and young
       people. In order to address the many different training needs, the guidance
       recommends “Safeguarding Children and Young People; Roles and Competences for
       Health Care Staff”. The Intercollegiate Document RCPCH (2014) provides guidance on
       competences, knowledge and skills required for all levels of health care staff.

2.4.   The Intercollegiate levels of competency, knowledge and skills are explicit within this
       strategy, which are commensurate to individual roles and responsibilities in relation to
       children and young people.

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2.5.   The Framework identifies five levels of competence, and gives examples of groups that
       fall within each of these. The levels are as follows:

       Level 1: All staff working in health care settings
       Level 2: All non-clinical and clinical staff who have any contact with children and young
                people and/or parents/carers
       Level 3: All clinical staff working with children, young people and/or their parents /
                carers and who could potentially contribute to assessing, planning,
                intervening and evaluating the needs of a child or young person and parenting
                capacity where there are safeguarding/child protection concerns
       Level 4: Specialist roles- named professionals
       Level 5: Specialist roles- designated professionals

3.     Local Context.
3.1.   Local Safeguarding Children Board.
       The CCGs will work with the Local Safeguarding Children Board to support delivery of
       multi-agency training and development, and to ensure that staff have access to the
       multi-agency training events.

3.2.   Training delivery arrangements.
       Safeguarding children and young people training is embedded in all commissioned
       services contractual arrangements. Activity will be performance-monitored on a
       quarterly basis through reports and updates.Providers will ensure that there are internal
       mechanisms in place to record and monitor all training.

       Training can be delivered in any method that meets the requirement set out in Roles
       and Competencies for Health Care Staff, the Intercollegiate Document (RCPCH 2014)
       and Working Together (HM Government 2015).Evidence of attending national
       Safeguarding conferences may be acceptable for Safeguarding Professionals that
       require higher than Level 4 training.

3.3.   Values.

       All training should place the child at risk of abuse as the centre focus and promote the
       importance of understanding the child’s daily life experiences, ascertaining their wishes
       and feelings, listening to the child and never losing sight of their needs.

       All training should create an ethos that:
        Values working collaboratively with others (valuing different roles, knowledge and
            skills).
        Respects diversity.
        Promotes equality and encourages the participation of children and families in the
            safeguarding process.

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3.4.   Training Responsibilities
       It will be the responsibility of managers to evaluate the different roles within their
       organisations at the recruitment stage to determine the level of safeguarding training
       that is appropriate to the role.

       The commissioners acknowledge that safeguarding children and young people is often
       complex and stressful, and that effective supervision is important to ensure good
       standards of safeguarding practice.

3.5.   Assurance and Governance
       Assurance will be required by the commissioner that all staff have been trained to an
       appropriate level in safeguarding children and young people. This will be received
       through Quality Performance and Assurance processes.

       In order to provide assurance to the CCGs, all contracted practitioners/services will
       record information including:
       Numbers of staff requiring each level of training as stated in Roles and Competencies
       for Health Care Staff, the Intercollegiate Document (RCPCH 2010).
       Attendance figures for all levels of training.
       Attendance at relevant specialist courses.

       Checks will be carried out by the safeguarding team every 6 months to assure the
       commissioner that the knowledge and skills acquired through the training programme
       are being embedded in practice.

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Appendix 3: East Sussex CCGs’ Safeguarding Strategy.

Eastbourne Hailsham and Seaford CCG
Hastings and Rother CCG
High Weald Lewes Havens CCG

1.      Introduction.
1.1.    This Safeguarding Strategy outlines the strategic direction Hastings and Rother
        (HR), Eastbourne Hailsham Seaford (EHS) and High Weald Lewes Havens
        (HWLH) Clinical Commissioning Groups (CCGs) will work towards over the next two
        years. It builds on existing safeguarding arrangements for children and strengthens
        the assurance and governance framework.

1.2.    Working Together to Safeguard Children (2015) provides the statutory framework for
        safeguarding and promoting the welfare of children.

1.3.    This strategy is supported by a number of CCG policies including Safeguarding
        Children, Managing Allegations Against People who Work with Children and
        Domestic Abuse which demonstrate the CCGs’ commitment to improving
        safeguarding competencies at all levels.

1.4.    This strategy acknowledges the principles and multi-agency working explicit within
        the Children and Young People Plan and the Local Safeguarding Children Boards
        (LSCB) Business Plan.

1.5.    CCGs across East Sussex are represented on the LSCB by the Governing Body
        identified lead for safeguarding, supported by the Designated Professionals for
        Child Safeguarding.

1.6.    This strategy links with the priorities for 2013-2016 for the Health and Well-Being
        Board, specifically “Safe, resilient and secure parenting”

2.      Legislative Framework and Background to the Strategy.
2.1.    A child is anyone who has not yet reached their 18th birthday, regardless of race,
        religion, first language, culture, gender, sexuality, health or disability, location or
        placement, involvement in criminal behaviour, political or immigration status.
        Safeguarding and promoting the welfare of children is defined under the Children
        Acts 1989 and 2004.

2.2.    CCGs have a duty under Section 10 of the Children Act 2004 to cooperate to improve
        well-being and under Section 11 of the Children Act 2004 to ensure that their
        functions are discharged with regard to the need to safeguard and promote the
        welfare of children. A whole organisational approach to safeguarding and promoting
        the welfare of children is required. The scope of child safeguarding is much wider
        than child protection and involves all commissioners and providers of healthcare.

2.3.    Although the safeguarding frameworks for adults and children are managed
        separately nationally, they do often link/crossover or can run concurrently, for
        example in domestic abuse issues, the Multi-Agency Public Protection Arrangements
        (MAPPA) and Multi-Agency Risk Assessment Conferences (MARAC).

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2.4.    Health is not the lead agency for any of these processes but is required to contribute
        to them all. The lead agency for safeguarding children is the Local Authority whilst the
        National Probation Service leads on MAPPA, the Police lead on MARAC and the
        Community Safety Partnerships lead on domestic abuse and Domestic Homicide
        Reviews. Health care providers are expected to have lead persons identified to
        support both MAPPA and MARAC processes and have policies in place to respond to
        domestic abuse.

2.5.    Safeguarding arrangements across all agencies continue to be highlighted and
        criticised following tragic, high profile incidents and their subsequent inquiries. In
        response the priority that is given to safeguarding nationally has increased and
        inspection frameworks developed to enable arrangements to be monitored across all
        agencies working with children, young people and their families.

2.6.    This strategy takes into account the key requirements of the Children Act 2004 as
        described in the statutory section of Working Together to Safeguard Children (2015),
        the National Service Framework specifically standard 5, and safeguarding standards
        defined by the CQC.

2.7.    The CQC provides independent information and assurance that systems for safety
        and quality are in place and working well, and will help providers identify areas in
        need of improvement.

2.8.    East Sussex CCGs are committed to collating comprehensive evidence to
        demonstrate effective working with partner agencies to improve the outcomes for
        children and young people. This evidence will be used to support any inspection by
        the CQC.

3.      Vision.
3.1.    The vision across East Sussex is to maintain safe and effective safeguarding
        services and to strengthen arrangements for safeguarding children across East
        Sussex, working collaboratively with partner agencies.

3.2.    HR CCG is hosting the Safeguarding Team on behalf of CCGs across East Sussex
        and will hold the Safeguarding Team to account for its performance on their behalf.

3.3.    CCGs will need to commission services that promote and protect individual human
        rights, independence and well-being and secure assurance that the child or young
        person thought to be at risk stays safe. They will also need to ensure that children
        and young people are effectively safeguarded against abuse and neglect.

3.4.    We know we will have achieved our vision when:
         People who live and work in East Sussex know what signs and indicators of
          abuse to look out for and who to contact for advice and support.
         Local health organisations respond in a timely and effective way to concerns
          about abuse.
         Children and young people have access to the support and services that they
          need from health agencies.
         Children and young people have their voices heard within safeguarding
          procedures and services.
         Children and young people are protected when necessary.

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4.      Aims of the Safeguarding Strategy.
         To commission services to ensure, first and foremost that children and young
          people at risk of abuse are safe.
         To ensure that statutory functions are met.
         To encourage, embed and maintain the best safeguarding practice across East
          Sussex.
         To ensure continuous improvement and compliance with national and local
          policies.
         To develop and implement systems for quality monitoring that are robust,
          auditable and effective.
         To raise awareness about safeguarding.
         To effectively contribute to multi-agency approaches such as the MAPPA and
          MARAC processes.
         To ensure continued partnership working and contribution to the work of the
          LSCB.
         To work alongside neighbouring CCGs to establish effective roles and
          responsibilities across the commissioning functions during a transitional period.
         To ensure that all staff understand that safeguarding is everyone’s business.
         To learn the lessons and good practice from serious case reviews, significant
          incident learning processes, local and national enquiries.

5.      Priorities.
        The key priorities for the safeguarding team for 2015–2017 are:

5.1.    Continue to strengthen processes and systems to ensure effective contribution to
        partnership arrangements.

5.2.    Challenge and oversight of returns from commissioned services of safeguarding
        standards toolkit through use of audit, site visits and data collection via contracts.

5.3.    Monitor dissemination and evaluate outcomes of all Serious Case Reviews action
        plans to receive assurance that plans have been implemented.

5.4.    Develop Designated Nurse for Looked After Children commissioning role to include
        strengthening contractual arrangements for children in ‘out of area’ provision for a n d
        ensuring arrangements are in place for the CCG to commission quality health needs
        assessments and health plans for any child looked after by the local authority;

5.5.    The key priorities outlined in the strategy will be developed into a work plan which will
        be reported through the CCG Quality and Governance committees (EHS and HR)
        and CCG Quality and Performance committee (HWLH).

5.6.    The safeguarding team will work closely with the CCGs to analyse and develop the
        necessary safeguards to ensure that this area of work is maintained across the
        changing face of the NHS.

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6.      Delivering the vision.
6.1.    The vision will be delivered through implementing the work plan and working
        alongside existing partnerships for children. This will be monitored and reviewed by
        the Safeguarding team.

6.2.    A time scale will be agreed against each priority, and a responsible lead identified
        through the safeguarding work-plan. The work plan will develop and emerge over
        time to include additional activity as required through any review processes or
        changes to either local or national guidance or requirements.

6.3.    Feedback from providers will be obtained through quality monitoring schedules.
        Engagement with the public through existing consultation mechanisms across
        partnerships within the safeguarding boards will provide feedback on the
        effectiveness of the strategy.

6.4.    The CCG will, through the Safeguarding Team, work alongside the neighbouring
        Clinical Commissioning Groups, in order to ensure that a pro-active approach is
        maintained both through the specific safeguarding work streams and also in the
        commissioning of services for children and their families.

6.5.    The integration of safeguarding alongside additional elements of CCG work will
        ensure that we have a co-ordinated and proactive approach to the safety and welfare
        of the population we serve. Examples of this include close liaison with other quality
        and safety functions including patient safety, patient experience, healthcare acquired
        infections, management of serious incidents and liaison with other health
        commissioners including child health commissioning, mental health, learning
        disabilities and continuing healthcare.

7.      Governance.
7.1.    CCGs will be members of the LSCB for East Sussex.

7.2.    CCG Governing Bodies will nominate leads for safeguarding and the Designated
        Professionals from the safeguarding and Looked after Children teams will work
        closely with these leads.

7.3.    Safeguarding activity, risks and issues will be reported to the relevant CCG Quality
        Committee and from there to individual CCG Governing Bodies.

7.4.    Designated Professionals will provide information and data relevant to CCG
        boundaries and collaborative commissioning responsibilities.

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Appendix 4: Children’s Safeguarding Supervision Guideline.

Eastbourne, Hailsham and Seaford CCG
Hastings and Rother CCG
High Weald Lewes Havens CCG

Policy Category:                Guideline as appendix to Safeguarding Children Policy
Relevant to (Staff Group):      All staff in EHS/HR/HWLH CCGs
Version History:
Version      Date:              Changes Made:
No:
1            May 2016
2
3

    Quick Reference Guide.
1. Introduction.
2. Purpose.
3. Scope.
4. Definitions.
5. Responsibilities.
6. Aims of Safeguarding Children Supervision.
7. Outcomes of Supervision.
8. Supervisor Responsibilities.
9. Supervisee Responsibilities.
10. Confidentiality.
11. Documentation.
12. Format.
13. References.

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Quick Reference Guide.

Section 2.3 of the CCG’s Child Protection and Safeguarding Children Policy acknowledges
the importance of staff receiving adequate training and supervision.

Section 6.5 of the CCG’s Child Protection and Safeguarding Children Policy requires “All staff
working for the CCGs have access to child protection supervision through the designated
professionals”.

This document structures the process under which the CCG employees who maintain NMC
registration including the Children and Young Persons Continuing Care Team (CYPCC),
within East Sussex Integrated Continuing Healthcare will meet that requirement.

To be read in conjunction with:

      CCG’s Child Protection and Safeguarding Children Policy 2015
      Sussex Child Protection and Safeguarding Procedures (2011) and CCG Policies:
      Data Protection Policy
      Confidentiality Code of Conduct
      Serious Incident Assurance Policy
      Records Management Policy
      Information Governance Policy
      Freedom of Information Policy
      Risk Management Policy
      Risk Management Strategy
      Managing Allegations Against People who Work with Children
      Domestic Abuse Policy
      Freedom to Speak Up (Whistleblowing) Policy

All reasonable steps have been taken to ensure that this Guideline reflects the:

      Equality and diversity agenda
      Relevant articles of the Human Rights Act 1998
      Health and Safety at Work Act 1974 and associated legislation
      Freedom of Information Act 2000
      Equality Act 2010

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1.   Introduction.

1.1. All NHS Services are required to fulfil their legal duty under Section 11 of the Children
     Act (2004) and statutory responsibilities as set out in Working Together to Safeguard
     Children (WTTSC 2015). Therefore, safeguarding and promoting the welfare of children
     must be an integral part of the care offered to all children and their families by all health
     care professionals working within the CCG. This may be care offered to children, young
     people, families or adults who are parents or carers.

1.2. Many of the inquiries into child deaths and serious incidents involving children have
     demonstrated serious failings in the effectiveness of professionals. This has been in part
     attributed to staff not receiving appropriate supervised support. The National Service
     Framework for Children, Young People & Maternity Services 2004, advocates that
     ‘consistent, high quality supervision is the cornerstone of effective safeguarding of
     children and young people’. Safeguarding supervision also supports professionals to
     reflect critically on the impact of their decisions on the child and their family (WTTSC
     2015) and is integral to providing an effective child centred service.

1.3. Working to ensure children are protected from harm requires sound professional
     judgments to be made. It is demanding work that can be distressing and stressful and
     those involved must have access to advice and support from professionals experienced
     in the field of safeguarding children. It is important that those who provide safeguarding
     advice and support have access to supervision as effective supervision promotes good
     standards of practice and safeguarding supervision can play a critical role in ensuring a
     clear focus on a child’s welfare. Safeguarding children supervision is provided in addition
     to clinical supervision, which it compliments but does not replace. This Guideline has
     been written to be consistent with national and local policies and procedures, in
     particular, WTTSC (2015).

2.   Purpose.
     The purpose of this Guideline is to provide specific guidance on how supervision is to be
     conducted within the context of child safeguarding /child protection. The Children and
     Young Persons Continuing Care Team (CYPCC) is an integral part of East Sussex
     Continuing Care and as such is an operational service, provided directly by the CCG.
     The CYPCC team are staff who work directly with children and families offering advice,
     support and care. The guideline will also apply to other CCG employees who maintain
     NMC registration and have contact with children and families.

3.   Scope.

3.1. This Guideline is applicable to those members of staff working with children within NHS
     Hastings and Rother Clinical Commissioning Group, NHS Eastbourne, Hailsham and
     Seaford Clinical Commissioning Group and High Weald, Lewes and Havens Clinical
     Commissioning Group who have regular contact with children and families, to enable
     them to have the opportunity for regular, formal (documented meeting) safeguarding
     children supervision by a trained supervisor. This will predominantly, but not exclusively,
     be those members of the CYPCC Team.

3.2. All practitioners within Integrated Continuing Healthcare or other CCG employees, who
     have irregular contact with children (where adults may be their primary caseload), shall
     have access to ad hoc supervision by a trained supervisor when requested.

3.3. Urgent supervision may be obtained from the Named/Designated Professionals

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