Participant Support Procedures > Responding to Allegations of Violence, Abuse, Neglect & Exploitation Policy
Authorised by Board of Management
Revised Date: 2 August 2019
Policy Statement
Our organisation affirms the right of people with disabilities to live their lives free from violence, abuse, neglect and exploitation. The purpose of this policy is to:
•promote the human rights of our consumers;
•create a service environment where risks to the rights and well-being of our consumers are minimised;
•ensure allegations of abuse or neglect are investigated appropriately, ensuring natural justice for all parties involved; and
•ensure that if we become aware of an instance of abuse or neglect, we respond promptly, professionally and compassionately to address the situation.
This policy supports Kyeema Support Services to apply Standard 1: Rights and Responsibilities of the NDIS Practice Standards
Scope
The policy applies to all workers, including paid and unpaid employees, students, volunteers, advocates, Board Directors, Committee members, contractors and others who may act on behalf of the organisation from time to time.
Related legislation and policy
Responding to allegations of abuse involving people with disabilities – Guidelines for service providers and Victoria Police June 2018 (DHHS),
The NDIS Code of Conduct – Guidance for Workers. NDIS Quality and Safeguards Commission 2018
National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018 (the Rules)
Working with Children Act 2005
Working with Children Regulations 2016
Child Wellbeing and Safety Act 2005
Child Wellbeing & Safety Amendment (Oversight & Enforcement of Child Safe Standards) Act 2016
The Child Safe Standards - DHHS
What is reportable conduct under the Reportable Conduct Scheme –Commission for Children and Young People Victoria. https://ccyp.vic.gov.au/reportable-conduct-scheme/
Client Incident Management System
Disability Worker Exclusion Scheme
Working with Children Regulations 2016
Definitions
What Are Human Rights?
1. Civil and Political Rights
These include, for example, the right to life, liberty, free speech, free movement, political thought, religious practice, privacy and voting.
2. Economic, Social and Cultural Rights
These include, for example, the rights to food, shelter, water, health care, education, respect for cultural practices and language.
3. Humanitarian Rights
These include rights related to being in armed conflict, treatment of prisoners of war or refugees.
4. Rights Defined by the Category of the Holder
These are rights assigned to particular groups such as workers, participant or people with disabilities.
An Overview of Abuse and Neglect
Abuse
Abuse is the violation of an individual’s rights where an individual is subjected to sexual, emotional or physical actions that result in significant harm or injury to that person. The injury sustained may not always be physical; it may be emotional or developmental..
Abuse is the violation of an individual’s human or civil rights by another person or persons.
Neglect
Neglect is the harm caused as a result of failure of those responsible for the care of participants or dependent adults, to provide adequate personal care, support, food and shelter.
Exploitation
Exploitation is a term sometimes used instead of abuse, when someone is taking an unfair advantage of a vulnerable person for financial or some other gain.
Reportable incidents
•the death of a person with disability
•serious injury of a person with disability
•abuse or neglect of a person with disability
•unlawful sexual or physical contact with, or assault of, a person with disability
•sexual misconduct committed against, or in the presence of, a person with disability, including grooming of the person for sexual activity
•the use of an unauthorised restrictive practice in relation to a person with disability.
Procedures
The following procedures will ensure that we act in accordance with this policy.
Procedures for Preventing Abuse and Neglect by our Workers, Volunteers or Students
1. We will minimise the risk of participants’ rights being infringed, or them being subject to abuse and neglect within our service by ensuring that:
• recruitment procedures will be of a high standard and we will ensure that the right workers are appointed through:
• pre-appointment screening of new workers, including national police clearances;
• references are checked;
• new permanent workers are on a minimum probationary period of three months;
• new workers go through an induction and orientation process
• all workers have regular supervision and performance appraisal
2. Worker and volunteer orientation and induction will include information about participant rights, issues of abuse and neglect and the requirements to respond and report where abuse is witnessed, alleged or suspected.
3. Worker meetings will be used to remind worker of their responsibilities for safeguarding participants and to raise any matters of concern.
4. Following initial training of all workers in relation to this policy we will periodically offer refresher training.
5. Information about our policies and procedures will be provided to new participants and families as part of the induction process.
6. We will use existing processes such as intake interviews to provide information to participants and their families and carers, to increase their knowledge and decrease their vulnerability to abuse and neglect.
7. We will identify resources that will assist and support us to empower participants in relation to issues of human rights and self-advocacy, and use them in participant training.
8. Brochures will be distributed to create an environment that encourages awareness of the avenues of complaint.
9. We will work collaboratively with other organisations that also provide services to Kyeema participants.
10. We will foster a safe, supportive environment which encourages everyone to raise concerns without fear of retribution.
11. We will distribute value statements, service principles and information about people’s rights in information formats that make the information as accessible as possible to people with a disability.
12. Workers are to engage in protective practices where practicable when working with participants i.e. the practical steps undertaken on a daily basis to protect participants from abuse and worker from allegations. Examples of these include working with others present where possible, working with doors open where appropriate and being professional in all oral, written and electronic communication.
13. The standards of service we provide will be actively monitored.
14. This policy and its procedures will be reviewed every three years.
Responding to Allegations of Abuse and Neglect Procedure
All Kyeema personnel have a duty of care to immediately report to a Manager any potential situations of abuse, neglect or exploitation; or if they suspect that an incident of abuse, neglect or exploitation has occurred.
Kyeema personnel should make themselves familiar with indicators of abuse and protective behaviours. Zero Tolerance training will include this.
If a participant’s rights are infringed, or we have reason to believe that they have been abused or neglected, we will respond quickly, professionally and compassionately.
Child Safety - Failure to Protect Children from Sexual Abuse is a Criminal Offence
The Victorian Government in 2015 introduced as a criminal offence, the failure to protect children from sexual abuse.
People in a position of authority can be charged with the offence if they know there is a substantial risk that an adult associated with their organisation (such as an employee, contractor, volunteer or visitor) poses a risk of sexual abuse to a child under the care, authority or supervision of the organisation and they fail to take all reasonable steps to remove or reduce that risk.
Kyeema’s procedure in this situation is to remove the person from contact with children (contact includes physical, oral, written and electronic communication) and initiate an investigation with the assistance of Victoria Police. Communication between all relevant managers and team leaders must take place to ensure the person is not rostered anywhere until investigation has taken place. The worker is to be stood down on pay until a decision is made as to whether he/she is cleared to work.
Investigations Checklist CCF-05
Child Safe Incident Report CCF-20
Commission for Children and Young People (CCYP) Child abuse allegations made against a worker/volunteer (18 years or older) to report to the using the Reportable Conduct Scheme https://ccyp.vic.gov.au/reportable-conduct-scheme/notify-and-update/
Reports or Complaints
Complaints / Speaking Up
Kyeema aims to provide an easy to use, confidential and trustworthy procedure for complaints based on the principles of natural justice. Any person may report or make a complaint if they reasonably believe that a person/s has breached this policy. Any report or complaint should be reported to the reporting Manager and the CEO of Kyeema.
Kyeema has a Complaints Policy which may be found on the Quality Management System.
Investigation Procedure
An allegation of abuse is a very serious matter and must be handled with a high degree of sensitivity. The initial response to a complaint that a participant or individual has allegedly been abused, neglected or exploited should be immediate if the incident/s are serious or criminal in nature while less serious/urgent allegations should be actioned as soon as possible, preferably within 24 hours. The following is a basic guide of the key processes to follow. Investigations Checklist CCF-05
Step 1 - Clarify basic details of the allegation
•Any complaints, concerns or allegations of participant abuse should be made or referred to Manager or CEO.
•The initial response of the person who receives the complaint from the participant (or person on behalf of the participant) is crucial to the well-being of the participant. It is important for the person receiving the information to:
− Listen to, be supportive and do not dispute what the participant says;
− Reassure the participant that what has occurred is not the fault of the participant;
− Ensure the participant is safe;
− Be honest with the participant and explain that other people may need to be told in order to stop what is happening; and
− Ensure that what the participant says is quite clear but do not elicit detailed information about the abuse. You should avoid suggestive or leading questions.
•The person receiving the complaint should obtain and clarify basic details (if possible) such as:
− Participant’s name, age and address;
− Person’s reason for suspecting abuse (observation, injury or other); and
− Names and contact details of all people involved, including witnesses.
Step 2 - Report allegations of a serious or criminal nature
Any individual to which this policy applies, should immediately report any incident of a serious and/or criminal nature to the CEO and/or police.
•If the allegation involves a participant at risk of harm, the incident should immediately be reported to the police and the NDIS Commission or relevant authority (Kyeema Incident Reporting Chart KEF-06)
•The NDIS Commission should be contacted for advice if there is any doubt about whether the complaint should be reported.
•If the participant’s parent/s are suspected of committing the abuse, report the allegation to the Police, DHHS for Child Protection and the NDIS Commission (for NDIS participants)
•Victoria’s Reportable Conduct Scheme mandates that workers and our organisation report any abuses of children (anyone under the age of 18 years).
•The CEO is ultimately responsible for ensuring that response and reporting take place.
•Providers must notify, investigate and respond to reportable incidents. Reportable incidents must be reported to the NDIS Commission (for NDIS participants): Reporting the incident to the NDIS Commission does not replace notifying any appropriate authorities, such as the police or emergency services. (Kyeema Incident Reporting Chart KEF-06)
•Respond to a reportable allegation made against a worker or volunteer from their organisation, by ensuring that allegations are appropriately investigated and reported to the Commission for Children and Young People within 3 days.
Step 3 - Protect the participant
•The Manager in consultation with the CEO should assess the risks and take interim action to ensure the participant’s/participant’s safety. Some options could include redeployment of the alleged offender to a non-participant related position, supervision of the alleged offender or removal/suspension from their duties until the allegations are finally determined.
•The Manager in consultation with the CEO should also address the support needs of the person against whom the complaint is made. Supervision of the person should ideally occur with the knowledge of the person.
•The Manager in consultation with the CEO will keep the participant informed, or ask the participant for feedback and input into assessments, investigations and any corrective actions proposed or taken by Kyeema.
•If stood down, it should be made clear to all parties that are aware of the incident that this does not mean the person is guilty and a proper investigation still needs to be undertaken.
Step 4 - Further Clarify and Investigate Allegation
For allegations of a serious or criminal nature (for example, sexual abuse):
•report allegations which may involve criminal conduct to the police
•DHHS Child Protection
•Commission for Children and Young People Victoria https://ccyp.vic.gov.au/reportable-conduct-scheme/
•NDIS Commission for NDIS participants
Seek advice from the police as to whether the Kyeema should carry out its own internal investigation (in addition to any police or relevant government agency investigation).
•If the police and/or relevant government agency advise that it is appropriate, then appoint an independent person (where possible) with appropriate expertise to conduct a confidential investigation. The investigator should:
− Contact the parents/carers of the participant at an appropriate time and as directed by the police or relevant government agency.
− If appropriate, meet with parents/carers and the participant to clarify the incident and offer support on behalf of Kyeema if required (example, professional counselling).
− Meet with the person against whom the allegation refers at an appropriate time and as directed by the relevant authority and give the person an opportunity to explain or respond to the allegation and identify any witnesses and supporting evidence. The person should have an opportunity to invite a support person/adviser to attend at a meeting and should be offered support (example, professional counselling) if necessary.
− Obtain a signed statement and record of interview from the person.
− Make contact with any witnesses and obtain written and signed statements outlining details of the allegation (what happened, when, how). This should only occur following advice from the relevant authority.
− Obtain other information that could assist in making a decision on the allegation.
• The information collected during the investigation should be made available to the relevant authorities
• Strict confidentiality, impartiality, fairness and due process must be maintained at all times.
For allegations of a less serious nature (e.g. verbal abuse):
• Where possible, appoint an independent person with appropriate expertise to make contact and meet with each of the people involved to obtain details of the allegation.
• Strict confidentiality, impartiality, fairness and due process must be maintained at all times.
Step 5 - Record and analyse all information
• If an internal investigation was conducted, the investigator will provide a report to the designated Decision Maker, in Kyeema’s case the CEO or an independent person nominated by the Board in the event that the CEO is the person against whom the complaint is made.
• The CEO/ Decision Maker will remain separate and at arm’s length from the investigator.
• The CEO/ Decision Maker will consider all the information and determine a finding. It will also recommend action and its rationale for the action.
Step 6 - Undertake disciplinary action
• For incidents of a serious or criminal nature, consideration must be given to the findings of the police and/or the government agency before making a decision on disciplinary proceedings.
• If disciplinary action is to be taken, then this will be dealt with in accordance with Discipline Policy of Kyeema.
• Implement any disciplinary decision recommended by the CEO, or nominated Decision Maker. The action should be immediate.
• Check with NDIS Commission (for NDIS participants) or DHHS (for non NDIS participants) to see if a report and any documentation is required.
• Retain the original copies of the documents in the secure files of Kyeema.
Responsibilities
It is the responsibly of all senior workers to ensure that this policy is followed across Kyeema.
Kyeema will have processes for the reporting and investigation of allegations of abuse, neglect and/or exploitation.
Kyeema follows the Commission for Children and Young People Victoria https://ccyp.vic.gov.au/reportable-conduct-scheme/
Kyeema follows the mandatory procedures for recording and reporting incidents within DHHS funded service guidelines and according to DHHS Incident Reporting Policy and Instructions.
Kyeema follows the NDIS Commission procedures for recording reporting incidents
Related Policies, Procedures and Documents:
Investigations Checklist CCF-05
Child Safe Incident Report CCF-20
Responding to Allegations of Abuse Flowchart KEF-46
Incident Reporting Chart CCF-31
Privacy and Confidentiality Policy and Procedure
Incident Reporting Policy and Procedure