Our Confidentiality Policy has been developed within the framework of existing legislation including the Data Protection Act 2018 and the Human Rights Act 1998. S

The Confidentiality policy will be explained to all service users and a copy of the policy may be given to service users as part of the introduction session or if it is requested by them.

Confidentiality is a means of providing the service user with safety and privacy. It is the responsibility of every member of staff to ensure confidentiality is maintained.

All work that takes place between a member of staff / volunteer and a service user must be treated with respect and discretion. The personal circumstances of each service user will be classed as confidential.

Information about Service Users to other organisations

Information about a service user will not be discussed with or disclosed to other organisations. This would include information disclosed to social workers, health visitors and the police.

Where information may need to be disclosed to the funding body, staff will make it clear to women when they agree to the service what sort of information may be required. All service users will be asked to sign a confidentiality disclaimer at the start of any services

Funders may also request to review and monitor the quality of support being offered to women in receipt of a service. These documents will only be shown to funders with the service user’s consent and will never contain a service user’s personal details.

Information about Service Users to other Service Users

Information about a service user will never be discussed with other service users. Service users will be encouraged to respect each other’s confidentiality and may be asked to sign a confidentiality agreement.

Limitations to confidentiality:

If the worker has information either directly, indirectly or inferred that a child or children may be at serious risk of harm, it may become necessary to breach a service user’s confidentiality without her permission.

Also if the worker has grounds for serious concerns regarding a service user’s physical or mental health or well being.
Or if the worker believes that the client may cause serious physical harm to herself or others, or have harm caused to her.
And if the worker has good grounds for believing that the service user is no longer able to take responsibility for her own actions.

However, in all but emergency situations, a decision to breach confidentiality without consent, will only be made after consultation with a senior member of staff.

Cross Project Confidentiality

Where it may be necessary to share certain information between projects, in the interests of the organisation. Service users will be informed and a record kept on the case notes.

Confidential records and information:

We keep records of all women who access our services. Service users have the right to have access to their files on request excepting access to restricted information. All paper files will be kept securely. Confidential information will not be removed without the permission of a senior manager

An electronic data base is used for collating data, service monitoring, evaluation and statistical purposes. Access to the database is restricted to key personnel and is subject to rigorous safety restrictions to prevent unauthorised personnel accessing it.

Breach of Confidentiality

Breaches of confidentiality are extremely seriously to us. Where a service user feels that confidentiality has been breached for reasons other than those stated above, she has the right to make a formal complaint against those persons involved.

1. Procedure

1. In accordance with the Data Protection Act 2018 all personal employment data held by Contento Social Homes will be:-

1.1 Processed fairly, lawfully and in a transparent manner;

1.2 processed for specified, explicit and legitimate purposes and not further processed in any manner incompatible with those purposes;

1.3 adequate, relevant and not excessive;

1.4 accurate and kept-to-date;

1.5 not kept for longer than is necessary;

1.6 processed in accordance with individual’s rights;

1.7 secure; and

1.8 not transferred to countries without adequate protection.

2. Compliance

2.1 Contento Social Homes' Data Protection compliance officer is the Business Infrastructure Manager or their nominated deputy who has overall responsibility for adherence to this policy. Any queries in relation to data protection should be addressed to the compliance officer in the first instance.

2.2 Regular reviews will be made by Contento Social Homes to ensure that this policy is being complied with.

2.3 Line Managers who maintain employee records must also comply with this policy. 2

3. Collection of Information

3.1 All staff will be informed about what information will be kept about them and from where it is obtained (refer to Point 14.3). The information will be used by Contento Social Homes to manage the employment relationship, to abide by employment law and to provide references (refer to Point 11). It may be disclosed to individual employees’ line managers and in response to external requests (refer to Point 12). It may also be disclosed to the recognised trade union representative.

3.2 You are entitled under this policy to request access to the information kept on you.

4. Maintaining Records

4.1 It is the duty of both Contento Social Homes and the individual employee to make sure that the information maintained on the employee is accurate.

4.2 The employee is required to notify Contento Social Homes immediately about any changes to his or her personal details including emergency contact details to ensure that the records are kept up to date.

4.3 Sickness records detailing sickness absence and containing sensitive data on the employee concerned will be maintained by Contento Social Homes to enable it to comply with the statutory sick pay provisions, Contento Social Homes' discretionary sick pay scheme and to monitor and manage levels of absence due to sickness or injury.

5. Equal Opportunities

5.1 Contento Social Homes is committed to being an equal opportunity employer and has an Equal Opportunities Policy. To enable Contento Social Homes to promote equality of opportunity, to abide by its Equal Opportunities Policy and with employment law and to monitor its progress in this respect, Contento Social Homes will request and collect information about the following:

5.1.1 Age;

5.1.2 Disability;

5.1.3 Ethnic origin;

5.1.4 Sexual orientation;

5.1.5 Transgender status

Contento Social Homes may request staff to volunteer other information that may help it to better understand how it is doing as an equal opportunities employer. In all such cases it will be made clear to staff why the information is sought and how it will be used. In such circumstances there will be no compulsion to provide such information and any data collected will be kept anonymous.

6. Fraud Prevention and Detection

6.1 Payroll information [and other information] may be used by Contento Social Homes in order to prevent or detect fraud.

6.2 Such information will not be disclosed to other organisations, for example the Department of Society Security, for the prevention or detection of fraud unless:

6.2.1 The employee has given their consent; or

6.2.2 Contento Social Homes is required by law to make the disclosure; or

6.2.3 In the circumstances of a particular request from an organisation Contento Social Homes is satisfied that if it failed to disclose the data, the prevention or detection of crime is likely to be prejudiced.

7. Financial Control

7.1 Contento Social Homes may use data matching processes to identify employees, who are indebted to Contento Social Homes, for example, in respect of payment for Contento Social Homes' products or services the employee has used as a customer.

7.2 Pursuant to clause 8.3 in the employee’s contract of employment, Contento Social Homes is entitled to check that employees are not accruing significant debts to Contento Social Homes.

7.3 If Contento Social Homes has a legally enforceable debt against an employee, it may use personal data on the employee to recover the monies owed.

8. International Management

8.1 Contento Social Homes appreciates that there may be a risk to an employee if personal data is passed to countries that have either no data protection laws or significantly less protection than that afforded to individuals in the European Union.

8.2 Contento Social Homes will not transfer employee data to countries outside the European Union unless:

8.2.1 the destination country has been designated as providing adequate protection by the European Commission; or

8.2.2 the destination country is the USA and the recipient has signed up to the “safe harbour” principles; or 4

8.2.3 the employee concerned has been told about the intended transfer and has agreed to it; or

8.2.4 the transfer is to an organisation that acts only as a processor, the processor is reliable, the country in which it is located is stable and the required controller – processor contract is in place; or

8.2.5 steps have been taken to ensure that taking account of all the circumstances of the transfer and the Data Protection Commissioner’s guidance on international transfers adequate protection is provided in other ways.

8.3 All employees will be notified of any transfer of their personal data outside the European Union.

9. Access and Disclosure

9.1 Employees and former employees have the right to request in writing information kept by Contento Social Homes about her. Although every effort will be made to provide the information free on request, we may charge a nominal fee to cover administration costs. Contento Social Homes may also require further information from the individual to help it locate the records.

9.2 Information kept for management planning or forecasting can be withheld where, in the opinion of Contento Social Homes, supplying it would prejudice the business of Contento Social Homes.

9.3 Any information requested under this section will be supplied as soon as it is reasonably practicable to do so and at the latest within 40 days of the request being received by Contento Social Homes.

9.4 When responding to a request Contento Social Homes will notify the employee whether it keeps any personal information about her and if so, the type of information kept, the purposes it is used for and the types of organisations it is passed on to.

9.5 Contento Social Homes will show the employee all the information kept on her. This will be provided in a hard copy. Contento Social Homes will also provide the employee with any additional information Contento Social Homes keeps on her and an indication of the source of this information.

10. Any references to third parties contained in the information shall be deleted by Contento Social Homes. If the information cannot be modified in this way and it will enable the employee to identify the third party Contento Social Homes can decide whether it is reasonable to release it.

11. References

11.1 Although there is no obligation under the Data Protection laws for Contento Social Homes to provide employees or former employee’s access to a confidential reference provided by Contento Social Homes it will be normal practice to endeavour to do so.

11.2 If Contento Social Homes is the recipient of a reference the potential employee concerned is entitled to request access to the reference, however, Contento Social Homes is entitled to take steps to protect the identity of third parties such as the author of the reference.

12. External Disclosure Requests

12.1 Contento Social Homes may be requested by a third party to supply information about an employee. Contento Social Homes is cautious in its response to such requests.

12.2 If an employee is on the receiving end of a request for information about employees, a disclosure of the information sought or any other information must not be made. The request should be referred directly to the Business Infrastructure Manager immediately. This is the policy for all external requests even if they purport to be from a Government body, for example, the Inland Revenue. Those seeking information may be using deception to gain access to information to which they are not entitled.

12.3 Employees who have authority to respond to external requests for information must establish the identity of the person making a request for disclosure before responding. Where practicable the request should be obtained in writing. Particular care should be taken with telephone requests, for example, by calling back to a known number.

12.4 Where those requesting information maintain the employer is under a legal duty to respond, the employee must ensure the request is received in writing detailing the basis on which it is asserted there is a legal duty. The employee dealing with the request should then check that this assertion is valid.

12.5 Where there is no duty on Contento Social Homes to disclose, Contento Social Homes may still respond to a request for information if it is satisfied that in all the circumstances it is fair to do so.

12.6 Employees will be notified by Contento Social Homes at the time a non-routine disclosure is to be made unless Contento Social Homes is prevented by law from doing so. A copy of the information disclosed will be supplied to the employee concerned.

12.7 A record will be maintained by Contento Social Homes of all non-routine disclosures recording the person who made the disclosure, the person who authorised it, the person requesting the disclosure, the reasons, the information disclosed and the date and time. All such disclosures must be reported to the Compliance Officer who will maintain the record.

12.8 It is a criminal offence for an employee to knowingly or recklessly disclose information about employees without Contento Social Homes' consent. It will also be classified as misconduct in accordance with Contento Social Homes' Disciplinary Procedure.

12.9 If to Contento Social Homes' knowledge, the security or confidentiality of an employee’s records have been significantly prejudiced because they have been disclosed knowingly or recklessly without Contento Social Homes' consent and there is a reasonable prospect of obtaining evidence as to who was responsible, the matter may be reported to the Data Protection Commissioner.

13. Dismissal

13.1 When employment is terminated Contento Social Homes will record the basis of the termination and ensure that this is accurately recorded.

14. Retention of Records on Current and Former Employees

14.1 Contento Social Homes will retain certain categories of information on both current and former employees in accordance with set retention periods.

14.2 The records will be assessed on a yearly basis to ensure records are not kept beyond the set periods. Records may be kept beyond the set periods where doing so is justified for business reasons.

14.3 In the absence of a specific instance of justification for business reasons the following records will be retained as indicated: Application form and interview notes for unsuccessful candidates

POLICY STATEMENT

This Safeguarding Children & Young People policy outlines Contento Social Homes' responsibilities in relation to Safeguarding Children (aged up to 18 years). The policy should be read alongside Contento Social Homes' Values and Principles and has it’s foundations in the principles of listening to and believing women and children’s experience of abuse. The policy has drawn from the Safeguarding Children Board’s Safeguarding Children Procedures in Birmingham and Solihull and Working Together 2013 and seeks to clarify Contento Social Homes' role as part of a wider, multi-agency response to Safeguarding Children in Birmingham and Solihull in addition to clarifying staff roles and responsibilities in relation to Safeguarding.

CONTEXT

7% of children suffer serious physical abuse at the hands of their parent or carer 52% of one year olds are hit weekly, or more frequently, by their parents 25% of all rape survivors are under 16 years old

Each week at least one child dies from cruelty (NSPCC Safeguarding Toolkit 2007) 1 in 3 child protection cases show a history of domestic violence to the mother (Hester and Pearson 1998)

Research sponsored by the National Children’s Home in the U.K found 75% of mothers using children’s services said their children had witnessed domestic violence, 33% had seen their mothers beaten, 10% had witnessed sexual violence (NCH 1994)

8 out of 10 young people who said that they had suffered serious physical abuse during their childhoods had also witnessed domestic violence between their parents or carers (Cawson 2002, NSPCC) In 90% of incidents involving domestic violence the children are in the same or next room (Hughes 1992)

POLICY PRINCIPLES

Ethos

Contento Social Homes believes that all children have the right to be protected from all forms of abuse, whether this be physical, sexual or emotional abuse or neglect Contento Social Homes holds a feminist perspective on abuse which places responsibility for the abuse solely on the adult abuser

Contento Social Homes adopts a child-centred approach to working with children and believes strongly that children are never to blame for any abuse they may experience Contento Social Homes recognises that there is a very high correlation between the experience of Domestic Violence and Child Protection

Contento Social Homes recognises that living with Domestic Violence is abusive in itself. The definition of “harm” as used in the Adoption and Children Act 2002 includes impairment caused by seeing or hearing the ill treatment of another person

Contento Social Homes recognises that one of the most effective ways to support a child living with domestic violence is to provide support for the mother/carer. Contento Social Homes acknowledges however that there may be occasions where this is either not possible or is inappropriate. On such occasions Contento Social Homes is clear that the welfare of the child is paramount. Environment

Contento Social Homes will ensure that risk assessments are conducted so as to provide a safe and secure environment in which children can thrive, develop and have fun and where all aspects of their welfare will be protected

Contento Social Homes will establish and maintain an environment where children using our services feel secure, are encouraged to talk about their experiences of abuse and are listened to Contento Social Homes will ensure our refuges are safe places for children to live. Contento Social Homes will operate a no smacking policy in all of our refuges. Contento Social Homes staff will work directly with families to promote non-abusive methods of resolving conflict and to encourage mums to consider other more appropriate forms of discipline

Staff & Service Provision

Contento Social Homes will operate the requirements of Safer Recruitment as set out in LSCB procedures Contento Social Homes will ensure all staff undergo a DBS check that is regularly reviewed (at least every 3 years)

Contento Social Homes will ensure all staff undergo Safeguarding Children training as part of their induction into post. In addition all project staff will attend Safeguarding Children training provided by the Safeguarding Children Boards of Birmingham and Solihull Contento Social Homes will ensure all staff are familiar with this policy and are trained in its’ implementation

Contento Social Homes will ensure that all staff have access to Contento Social Homes policies on: Professional Boundaries; Protection from Abuse; Whistle Blowing in order that they can take the appropriate steps should they be concerned that a member of staff is behaving inappropriately towards children and young people

Contento Social Homes will engage in the Early Help Assessment process, this will include taking on the role of lead practitioner where appropriate Contento Social Homes will ensure all staff explain to women and children using our services about this Safeguarding Children Policy and Procedures, with particular reference to limitations to confidentiality

Contento Social Homes will ensure that children using our services are clear about who they can go to for help and what action will be taken if they report issues of abuse Contento Social Homes will ensure that women and children using Contento Social Homes services understand how to make a complaint should they have safeguarding concerns. Information about how to raise a safeguarding concern within and outside of Contento Social Homes will be displayed at all Contento Social Homes refuges

Where we are asked to provide a service to a woman who has been convicted of offences against children Contento Social Homes staff will complete a comprehensive risk assessment to ensure suitability for the service

DEFINITIONS

(Taken from Working Together 2010)

A Child in Need of Protection:

A child is in need of protection if s/he is suffering, or is likely to suffer, significant harm which is attributable to the child not receiving the standard of care which it would be reasonable to expect a parent to give her/him.

Significant Harm

Harm refers to the ill-treatment of a child or impairment of a child’s health (physical or mental) or development (physical, intellectual, emotional, social or behavioural). It also includes harm caused by seeing or hearing the ill-treatment of another person. There are no absolute criteria for judging when harm is significant. Relevant consideration would include:

the degree of any physical harm the extent of any physical harm the duration of abuse and neglect the frequency of abuse and neglect the extent of premeditation the degree of threat and coercion

On occasions a single event may constitute significant harm e.g. a violent physical assault, sexual abuse, attempted suffocation, enforced starvation. On other occasions significant harm may be a compilation of significant events which hinder a child’s physical and / or emotional health and development.

What is Abuse and Neglect?

Abuse and neglect are forms of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or an institutional or community setting, by those known to them, or more rarely, by a stranger for example, via the internet. They may be abused by an adult or adults, or another child or children.

Physical Abuse

Physical abuse may involve: hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer feigns the symptoms of, or deliberately causes ill health in a child in their care.

Emotional Abuse

Emotional abuse is the persistent emotional ill-treatment of a child such as to cause adverse affects on the child’s emotional development. It may involve conveying to children that they are worthless or unloved, inadequate or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or “making fun” of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children.

These may include interactions that are beyond the child’s developmental capability, as well as over protection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill treatment of another. It may involve serious bullying (including cyberbullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.

Sexual Abuse

Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing.

They may also include non-contact activities such as involving children in looking at, or in the production of sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Women also commit acts of sexual abuse, as can other children.

Neglect

Neglect is the persistent failure to meet a child’s basic physical and/ or psychological needs, likely to result in the impairment of a child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:

Provide adequate food, clothing and shelter (including exclusion from home or abandonment) Protect a child from physical and emotional harm or danger Ensure adequate supervision (including the use of inadequate care-givers) Ensure access to appropriate medical care or treatment

It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs. In addition Contento Social Homes recognises that living with Domestic Violence is abusive in itself. The definition of “harm” as used in the Adoption and Children Act 2002 includes impairment caused by seeing or hearing the ill treatment of another person. Contento Social Homes may also be involved in working with families who are also at risk of the following issues:

Sexually Exploited Children and young People

This may involve children and young people who have been coerced into sexual activity by gangs or may be the survivors of trafficking. Risks to young people in such situations are likely to be high.

Female Genital Mutilation (FGM)

FGM is reportedly practised in 28 African countries and in parts of the Middle and Far East. It has been estimated that up to 24,000 girls under the age of 15 are at risk of FGM in the UK (Working Together 2010). Birmingham is home to a number of practising communities. FGM is a criminal offence in the UK.

Forced Marriage

This may involve children and young people under the age of 18 being taken out of the UK and forced into marriage overseas. As well as following Safeguarding procedures Birmingham’s Forced Marriage Protocol should be adhered to.

Violent Extremism (the PREVENT agenda)

This may involve children and young people under the age of 18 being exploited and coerced into risky and illegal behaviour based around ideology. It is important to be cautious in assessing Violent Extremism to avoid inappropriately labelling or stigmatising individuals because they fit a specific profile.

DEALING WITH CHILD PROTECTION ISSUES WITHIN Contento Social Homes

Everyone within Contento Social Homes has a responsibility to safeguard the physical and emotional heath of children however Contento Social Homes acknowledges the importance of having named personnel that staff members can refer to where possible safeguarding children concerns arise.

Within Contento Social Homes project managers have the ultimate responsibility around safeguarding children and as such are Contento Social Homes' designated Safeguarding Children leads: Contento Social Homes has a nominated Board member: Sarah Robbins who has overall responsibility for Safeguarding.

PROCEDURES

Responding To Suspicions Of Abuse

Staff are expected to pro actively work with mothers/carers to ascertain any risks to children within the household. This is particularly important for services who do not come into direct contact with children. In these services staff are expected to be hyper vigilant of the link between domestic violence and child protection; to pro actively talk to mothers/carers about any safeguarding concerns and to ensure that any information is documented in accordance with Contento Social Homes procedure

Where appropriate, any safeguarding concerns should be discussed immediately with relevant colleagues Contento Social Homes' designated Safeguarding Children lead should be informed as soon as possible. Where the designated lead cannot be contacted another manager within the organisation should be approached

In consultation with the staff member, the designated Safeguarding Children lead will decide what action will be taken, including a decision on whether to involve safeguarding colleagues from other relevant organisations and/or to report the matter to Children’s Services and/or the police. In making this decision, it is expected that the Safeguarding Children lead will consider the risks posed to children both inside and outside the immediate family. If a decision is made to make a Safeguarding referral, the Safeguarding Children lead or another manager within the organisation should ensure they approve any completed paperwork before it is sent off

All concerns and any action taken should be documented using the appropriate Contento Social Homes paperwork Wherever possible staff should inform women and children of any concerns and any action that is taken. The exception to this would be where a staff member, in conjunction with the designated Safeguarding Children lead, feels to do so would place a child at further risk of significant harm. Wherever possible staff should encourage women to make their own referrals to Children’s Services

In situations of emotional abuse or neglect it is important to be pro-active in promoting better care for the child. Concern may not be isolated to a particular incident so it is vital that concerns are documented over a period of time. In such situations it may be decided to offer additional support internally or involve external agencies via the EHA process before making a child protection referral RESPONDING TO A CHILD ABUSING ANOTHER CHILD

If Contento Social Homes is engaged in work that brings children together in a group setting and it is discovered that within that group one child is abusing another Contento Social Homes staff will work with the parent of that child to manage the behaviour and, in extreme cases, may need to terminate the service.

Contento Social Homes recognises that a child who abuses another child is themselves in need of support and would refer both children into appropriate services wherever possible. At all times Contento Social Homes staff will provide support to the abused child. RESPONDING TO A CHILD BEING ABUSED BY ANOTHER RESIDENT IN REFUGE

Where an allegation of this nature is made Contento Social Homes staff will investigate immediately and this may result in referral to the police or Children’s Services and the family against whom the allegation is made being moved to other suitable accommodation RESPONDING TO A WOMAN WHEN SHE IS THE ABUSING PARENT

Where we are engaged with a woman who we suspect to be the abusing parent or working with a woman who is currently engaged with Children’s Services as an abusing parent, Contento Social Homes staff will support her in supporting her children. This will include one to one sessions with her, joint sessions with her and her children, engagement with EHA, referral to Children’s Services, meetings with social workers, attendance at Case Conferences and Core Groups

It is not the responsibility of Contento Social Homes staff to carry out parenting assessments on behalf of Children’s Services RESPONDING TO ALLEGATIONS OF ABUSE AGAINST PERSONS IN A POSITION OF TRUST

Where an allegation of abuse is made against someone in a position of trust (ie someone whose job role involves regular contact and/or caring/supervisory responsibility for children or young people) the designated Safeguarding Children lead, in conjunction with a senior manager, should make a decision whether to make a “position of trust referral”. This would be done to the Local Authority Designated Officer (LADO)

Where an allegation of abuse is made against a staff member within Children’s Services and a decision to report is made, the designated Safeguarding Children lead should ensure that the referral is made directly to the Local Authority Designated Officer It is not the responsibility of anyone within Contento Social Homes to investigate whether or not a child is being abused. This is the responsibility of Children’s Services and the police.

RESPONDING TO ALLEGATIONS OF ABUSE AGAINST A Contento Social Homes STAFF MEMBER

Information and allegations of this nature should be reported to the designated lead for Safeguarding Children and to a member of the Senior Management team as soon as possible in order for a full investigation to be carried out and to enable Contento Social Homes to follow relevant local authority procedures

During the period of investigation a risk assessment will be undertaken to establish whether or not the staff member is suspended from work or reassigned other duties. At all times the safety and welfare of children will be the primary consideration Full records of any allegation made and any subsequent investigation should be kept using the appropriate paperwork

If a criminal offence appears to have been committed or if it is felt other children are at risk, the matter will be referred to the police and/or the Local Authority Designated Officer and the Charity Commission

If a staff member is found to have behaved inappropriately or abusively in any way, in addition to the matter being reported to the police and/or the LADO, this will be dealt with in accordance with Contento Social Homes disciplinary procedures and consideration given as to whether a referral to the Disclosure and Barring Service (DBS) and other regulatory bodies is required

Where a staff member is under suspicion of behaving abusively to a child or young person they are encouraged to use Contento Social Homes' Employment Assistance Programme to access support

RECORDING INFORMATION

The written recording of allegations of abuse, suspected abuse and actual abuse of children and action taken is vital

Contento Social Homes have established recording systems to be used in conjunction with this policy. These systems should be used throughout the whole organisation, thus ensuring consistency of approach

When documenting anything in relation to Safeguarding Children, staff should only record factual information, not opinion

INFORMATION SHARING

Research has shown that keeping children safe from harm is more achievable if organisations work together and share relevant information Sharing of information must be set within a risk assessment framework where the specific safety issues connected with Domestic Violence are fully explored including whether inappropriate disclosure may lead to increased risk

Before information is shared Contento Social Homes expect staff to consider the following questions: Is a child at risk of significant harm? If you do not share information is the welfare of a child potentially jeopardized? What is the purpose of sharing a piece of information? Should the consent of the mother be gained prior to sharing information? If not, why not?

What will you do if the service user withholds consent

Contento Social Homes needs to balance its duty to protect children from harm with organisational policy regarding confidentiality and data protection legislation. Where there are concerns regarding a child’s wellbeing the overriding objective must be to safeguard that child

In line with organisational policy, information should normally only be disclosed with consent from the service user. However there may be situations where this is either not possible or to obtain consent would place a child a further risk. On these occasions, and following discussions with the designated Safeguarding Children lead, information should be shared without consent

Where a family engages with our services and we know that children are currently on a child protection plan Contento Social Homes will contact Children’s Services to let them know of our involvement with the family and share relevant information to support multi-agency working. Wherever possible Contento Social Homes will encourage women to make that contact herself Where Contento Social Homes are working with a family where there are safeguarding concerns and the family disengages from the service or goes missing from refuge, Contento Social Homes will inform safeguarding colleagues from other statutory organisations including Children’s Services and the police

ESCALATION

Occasionally a situation may arise when Contento Social Homes have raised a safeguarding concern in relation to a child/children and it is felt the response from statutory services is not a safe one. The safety of individual children is the paramount consideration in any professionals’ disagreement and workers should feel able to challenge decision making in a timely fashion in order to best safeguard the child

Where a staff member feels a decision has been made that is not safe or is inappropriate she should raise it internally with the designated safeguarding children lead or another manager in order to clarify thinking and identify a course of action If it is felt the decision needs to be challenged this should be done between the worker and the relevant front line practitioner in the first instance

If the problem is not resolved the line manager / designated safeguarding lead will raise the problem with the equivalent manager in the other agency If the problem continues the issue will be escalated to a member of Contento Social Homes' senior management team who will raise at a more senior level and, if agreement cannot be secured, may consider referring to the Chair of the LSCB

In all cases the primary focus will be on ensuring the safety and welfare of the child concerned and all stages of the process will be recorded using established Contento Social Homes paperwork

MONITORING

The effectiveness of this policy will be reviewed regularly, after each major incident and at least annually, which will include analysis to ensure there is no detrimental impact on any particular group of women or children during its’ implementation.

Our commitment to provide accessible services to women from all communities means we will…

Make our services accessible by:

working together to ensure our services are accessible to you

explaining all the services we offer and help you to decide what services best meet your needs

treating you as an individual

being flexible and adapting our service to meet your needs

using languages and communication methods that are suitable for you including using workers with community language skills or professional interpreters

not using jargon or acronyms when we speak to you

Provide safety & confidentiality by:

prioritising you and your children’s immediate safety

respecting your confidentiality

getting consent to share your information – the only time we would to share information about you without consent would be if we thought you or someone else was in immediate danger

keeping records so you get the right help and support now and in the future

telling you about any work we do that may affect you or your children

Support you by:

listening, believing and caring

explaining what your rights are

telling you what is realistic and possible

helping you decide what to do

supporting you to access other services, information and resources

Support your children by:

supporting you in your role as a parent

helping you to access services for your children

providing workers and space to play in all our refuges

being honest about any action we need to take so you can protect your child

Keep high service standards by:

providing you with opportunities to give us feedback on the services you receive

telling you of any changes we make to our services because of your feedback

making the time you wait to use a service as short as possible

ensuring the staff you work with are police checked, well trained and supported to do their job

providing consistent and reliable services

Help us to help you:

tell us how we can make our services accessible for you

let us know if you have any specific needs/requirements

let us know if you are unable to make an appointment

tell us if you are not happy with the service you are receiving

follow our house rules if you are living in one of our refuges

inform us of any changes to your personal circumstances

treat our staff and other women using our services with respect

Associated Documents This document should be read in conjunction with:
• Recharges Policy
• Property Maintenance Procedure
• Tenants Handbook
• Factoring Services Policy
• Asbestos Management Policy
• Procurement Strategy
• Asset Management Strategy

1. Introduction

1.1 Contento Social Homes believes that the quality of its maintenance and repairs service should be of the highest standard. This is considered essential not only to ensure the satisfaction of its tenants but also to protect and maintain the value of its housing stock.

1.2 Contento Social Homes will:
a) meet all relevant statutory and contractual obligations to ensure that its properties are kept in good repair and installations maintained in proper working order. b) ensure that properties are fit for human habitation and will take all reasonable steps to minimise the risk of defects placing any person in potential danger.

1.3 Tenants have the right, under the Housing Act 2001, to have certain qualifying repairs carried out within a specified time. Qualifying repairs are those defined in the Secure Tenants (Right to Repair) Regulations 2002. Tenants will be reminded of their rights under these Regulations by means of annual notification.

1.4 Contento Social Homes will, where appropriate, in conjunction with other owners and in accordance with the Abolition of Feudal Tenure Act 2000 and Tenements Act 2004, carry out maintenance to common parts and open spaces in order that the said common parts and open spaces are fit for use by the tenant and other occupiers.

1.5 Repair categories and time-scales for the completion of repairs are set out in the procedure associated with this policy.

1.6 There are various outcomes contained within the Social Housing Charter which Social Landlords should aim to achieve, the most important being the following for purposes of this policy:

Repairs, Maintenance and Improvements Social Landlords manage their business so that tenants’ homes are well maintained with repairs and improvements carried out when required and tenants are given reasonable choices about when work is done.

Quality of Housing
Social Landlords manage their business so that tenants homes, as a minimum, meet the Housing Quality Standard when they are allocated; are always clean, tidy and in a good state of repair; and also meet the Energy Efficiency Standard for Social Housing by December 2020.

Value for Money
Social Landlords manage all aspects of their business so that tenants, owners and other customers receive services that provide continually improving value for the rent and other charges they pay.

2. Definition

2.1 For the purpose of this policy, reactive repairs refer to unforeseen day-to-day repairs reported by the tenant, our staff or third parties. This does not include any major repairs or cyclical repairs which might be identified from time-to-time in any of the company’s planned programmes.

3. Responsibilities – Legal and Contractual Obligations

3.1 Repairs Responsibility - Contento Social Homes
a) Contento Social Homes’ repairs and maintenance practices are in accordance with all legal requirements.

b) In addition to the repairing obligations imposed by statute Contento Social Homes contractually elects to take responsibility for certain repairs.

c) The following summary of allocation of responsibility for repairs represents the present policy of Contento Social Homes, which may be changed from time to time, subject always to its legal obligations.

d) Contento Social Homes will be responsible for the repair and maintenance of the following items, except where the damage results from the wilful damage or neglect of a tenant, his or her household, or persons invited onto the premises:
• The roof
• Drains, gutters and external pipes, (excluding blockages caused by the tenant’s negligence)
• External walls, external doors and associated items such as locks and letter boxes, window-sills and window frames (including external painting and decorating), defective glazing.
• Internal walls, floors, ceilings, doors, doorframes, sash cords and window catches (but not including painting and decoration)
• Internal communal staircases and landings (including painting and decoration)
• Chimneys, chimneystacks and flues (including sweeping)
• Pathways, steps or other means of access, (excluding garden paths)
• Plasterwork (excluding minor cracks, holes and damage caused by tenant)
• Integral garages and stores
• Boundary walls and fences, (excluding any secondary fences erected by the tenant)

e) Clothes poles and clothes driers where provided by Contento Social Homes (except for ropes and lines)

f) Making good damage caused by acts of vandalism or criminal behaviour, providing that a report has been made to the Police within 24 hours of the discovery. Where such damage was caused by the tenant or members of the tenants’ household the tenant will be recharged for the costs of restoration.

g) Contento Social Homes will keep in proper working order any installations it has provided for space heating, water heating, and sanitation, also for the supply of water, gas, and electricity, including:

h) Basins, sinks, baths, WC Seats, W.C. bowls, W.C. Cisterns, water and waste pipes and Showers

i) Electric wiring, fireplaces, fitted fires, central heating systems, door entry systems, extractor fans and kitchen units.

j) Further guidance on repair responsibilities is contained in the repairs responsibility guide in the Tenants Handbook.

k) Contento Social Homes shall not be responsible or liable for the repair or replacement of any item which has been installed or fitted by the tenant or which the tenant is entitled to remove from the house.

3.2 Repairs Responsibility – The Tenant

a) The Tenant shall be responsible for carrying out any works or repairs for which he/she is liable by virtue of his/her duty to use the premises in a proper manner.

b) Notwithstanding section 3.1 the tenant is responsible for certain repairs e.g.:
• Internal decoration
• Minor plaster cracks/holes and patches
• Lost or broken keys
• Electric plugs light bulbs, fluorescent tubes and Starter motors
• Plugs and chains to sinks and baths
• Cracked or broken glass

c) The tenant may also become liable for the cost of any other repair or replacement in addition to the above if it results from damage due to accident, neglect or deliberate act by the tenant, his or her household, or persons invited onto the premises. For a more descriptive list of repairs that are the tenant’s responsibility see Appendix 1 attached to this policy.

d) The tenant is responsible for keeping the premises in a good and clean condition and in reasonable decorative order and shall keep it and any garage, shed or other structure, which is part of the premises, in reasonable condition.

e) The tenant will be responsible for taking reasonable steps to prevent frost damage to pipes.

f) The tenant will be responsible for the cost of remedying any act that might cause blockage to drains and/or sewers, or might cause fire damage to the premises.

g) Contento Social Homes will wherever possible clearly identify to a tenant reporting a repair, whether or not it considers the repair to be the tenant’s responsibility.

h) In some instances where a tenant fails to carry out a repair for which he/she is responsible, Contento Social Homes may instruct the repair to be carried out

3.3 Repairs Responsibility – Other Agencies

a) The repair and maintenance of some aspects of Contento Social Homes’ estates, and other estates in which company has properties, is the responsibility of third such as:

• The local authority (adopted roads, footpaths etc.)

• Utility Providers (mains gas, electricity supply etc.)

• Other Agencies (sewerage, water supply etc.)

• Contento Social Homes will co-operate with other agencies in effecting access for maintenance and repair of equipment needed for the supply of services to properties.

b) Contento Social Homes will report to the relevant agency any repairs that we become aware of that are that agency’s responsibility and pursue them to a conclusion on behalf of our tenants.

3.4 Repairs Responsibility - Shared

a) Most of Contento Social Homes’ properties are situated in multi-tenure estates and often responsibility for repairs may be shared between Contento Social Homes, other landlords and private owners.

b) Where Contento has been appointed as Factor we will arrange for common repairs to be carried out by using either our own Trades Staff or subcontractors in accordance with the terms of the Written Statement of Services issued to owners.

c) Contento Social Homes will co-operate with other owners in the maintenance of common areas and, where Contento is in the majority, will seek to recover from other owners their full share of common repair and maintenance charges.

d) Where Contento Social Homes is a minority owner on an estate it will co-operate with other owners in the maintenance of common areas and will contribute an appropriate share of the common repairs and maintenance charges.

4. Planned and Cyclical Maintenance

4.1 Planned Maintenance
Contento Social Homes will carry out an annual programme of planned maintenance and information obtained from stock condition surveys, our own inspections, analysis of repairs and issues raised by tenants will be used to assist in developing these programmes.

The key components within our annual programme will include replacing bathrooms, kitchens, central heating systems, doors, windows and fans. Other components such as roofs, electrical systems and render will be included in programmes as and when required.

4.2 Cyclical Maintenance
Contento Social Homes will carry out an annual programme of cyclical maintenance, servicing and inspections to ensure that properties, certain appliances and open spaces are regularly maintained.

The cyclical maintenance programme makes provision for a number of regular servicing and inspection arrangements which will lead to the commissioning of any required works as appropriate arising from these arrangements.

The Company aims to repaint the outside of its properties and redecorate the internal communal areas of blocks of flats every 5 to 10 years. Tenants will be informed about any programme of painting e.g. contractors details, timescales for the work, etc.

Contento Social Homes will in accordance with the Gas Safety (Installation and Use) Regulations 1998 arrange for an annual gas safety inspection of all properties with a gas supply. We work to a ten month cycle in order to maximise our ability to ensure every appliance in every property is checked annually and our target is to achieve 100% of properties appropriately certificated. A key part of our approach includes processes to be followed in order to gain entry to a property in order to undertake the annual gas service.

Contento Social Homes will meet its obligations in terms of open space and common areas maintenance dependant on whether or not it has been appointed as Factor for the feuing area concerned. These obligations are contained in the Written Statement of Services that all owners receive where Contento Social Homes acts as Factor.

Wherever possible Contento Social Homes will liaise with other housing providers and owners in mixed tenure estates to synchronise maintenance programmes to cause the least inconvenience to other tenants and owners.

In property blocks or estates of mixed tenure where Contento Social Homes has not been appointed as Factor the Company may lead on organising repairs or maintenance that it considers necessary. Where it does, it shall consult with the other owners regarding the proposed cost of works, allocated share of costs and shall endeavour to seek agreement with a majority in order to proceed with any necessary repairs or

4.3 Planned and Cyclical Maintenance Programmes In carrying out any works, repairs, inspections or servicing if there is evidence of the presence of asbestos then the terms of our Asbestos Management Policy will be followed.

In undertaking our repairs and maintenance services where opportunities arise to use different products e.g. to fit longer lasting light fittings these will be evaluated and assessed for possible use.

Works carried out as part of planned and cyclical maintenance programmes will be inspected and any snagging issues identified for rectification by the contractor. Any applicable warranties or guarantees in relation to any works carried out will also be obtained.

The planned and cyclical maintenance programmes will be prepared each year for submission to the Board for approval and will include details of the works to be carried out, methods of procuring products and services and the financial resources required to meet the programmes.

5. Open Space Maintenance

5.1 Contento Social Homes, where it is a majority owner, may elect to carry out open space maintenance and recover the costs incurred from other owners proportionate to their ownership stake.

In mixed tenure estates where Contento Social Homes holds a minority interest it may, where it has been requested to and agrees, offer its services as Factor on behalf of all the other owners.

Where a majority of owners wish to make their own arrangements for open space maintenance Contento Social Homes will pay its share of the resulting costs proportionate to its ownership stake.

6. Housing Quality Standard and Energy Efficiency Standard for Social Housing

6.1 The vast majority of the Company’s housing stock meets the Housing Quality Standard but we will continue to review any exemptions or abeyances on a regular basis and report on this annually to the Board.

The Company will develop programmes of work to bring our housing stock up to the Energy Efficiency Standard by December 2020 and progress in this connection will be regularly reported to the Board.

7. Reporting Repairs

7.1 Tenants must report promptly any defect or damage which Contento Social Homes is responsible to repair. Damage resulting from delay in notifying the Company may be recharged to the tenant.

7.2 The Company aims to provide a responsive and efficient service and repairs can be reported to the Company by telephone, online via our website, in writing, by email, text or by calling at the Company’s office.

7.3 All repair requests will be logged and prioritised. A copy of the job request will be produced for the tenant as a receipt and proof of reporting.

7.4 Tenants will be asked for any preference they might have regarding access time and arrangements for carrying out repairs works and an appointment time will be allocated for the repair or inspection to be carried out. Contento Social Homes will as far as possible, try to accommodate a tenant’s request for particular access, including out of hours and weekend appointments where practicable.

8. Inspections

8.1 Inspections will, when required, be carried out within 5 working days. Following the inspection the inspector will initiate the raising of a job ticket and the repair will be completed within the relevant response time, including the number of days since the inspection line was raised.

8.2 Where following an inspection it is determined that no works are required or the reported repair is not Contento Social Homes’ responsibility the tenant will be notified..

8.3 Where following inspection a reported repair is identified as being a replacement, which would fall into the category of planned maintenance, cyclical maintenance or major repairs, then the tenant will be notified of the estimated replacement date and that such replacement does not fall within the scope of the compensation scheme.

9. Repairs Service

9.1 Contento Social Homes will ensure adequate resources to enable proper planning and control, promptness of response as well as to maintain a high quality reactive repairs service. An out of hour’s emergency service is a key part of our reactive repairs service and is delivered by our own staff.

Details of our repair categories and timescales for completing various types of repairs are contained in our Maintenance Procedure.

10. Right to Repair

10.1 Tenants have the right to have certain qualifying repairs carried out within a specified time. A list of qualifying repairs, along with the maximum time-scales for completion and our process for dealing with right to repair requests is contained in our Maintenance Procedure.

11. Repairs Monitoring

11.1 The Company will monitor its reactive repair service using performance indicators as follows:
• number and percentage of repairs completed within the Company’s target timescales
• satisfaction with the repair service
• number of appointments made and adhered to
• expenditure against budget

11.2 All tenants receiving a repairs service, either from our own Trades Team or Contractors appointed by the Company, will be encouraged to complete survey forms to feedback their comments on the service provided.

12. Rechargeable Repairs

12.1 There are a number of instances when tenants may be recharged the cost of repair. The most common instances might include when a tenant, a member of the tenant’s household, or a visitor, causes damage, either deliberately, negligently or accidentally, to the fixtures and fittings of the house.

12.2 Tenants may also be recharged for work when a tradesman or contractor has been called out to carry out a repair outside normal working hours when that repair was not classified as an emergency.

12.3 A tenant may be recharged for work carried out by the Company either at the request of a tenant or when identified during other works where the item being repaired is deemed to be the tenants’ responsibility.

12.4 The costs for carrying out any such repairs may be determined to be the responsibility of the tenant and may therefore be pursued in accordance with the Company’s Recharges Policy.

13. Tenant Improvements

13.1 Where tenants have carried out authorised improvements to their home they may be entitled to compensation in terms of the Secure Tenants (Compensation for Improvements) Regulations and our procedure should be followed to establish eligibility for such compensation and the amount to be awarded.

14. Adaptations

14.1 It is recognised that carrying out adaptations on our properties can assist tenants who may have mobility or other difficulties to help maintain their independence and enhance their quality of life. Our principal source of funding for adaptations will be from Stage 3 funding provided each year from the Government.

15. Training

15.1 Contento Social Homes will ensure that the relevant employees have the appropriate level of skills and knowledge to deliver the requirements of this policy. In particular relevant employees will undertake Asbestos Awareness Training which will be updated

16. Reporting

16.1 Performance management information and reports on various aspects of our repairs and maintenance services will be provided in monthly reports submitted to the Board and in the Annual Return on the Charter to the Housing Regulator. Satisfaction surveys will be issued to tenants and when appropriate owners to seek their views on repairs, planned and cyclical maintenance works that we undertake. The results obtained from these surveys will be used to inform future service delivery.

17. Procurement

17.1 Where appropriate and in accordance with procurement regulations Contento Social Homes will prepare or use existing detailed specifications for any works or services that need to be purchased to deliver our repairs and maintenance services.

18. Consultation

18.1 Tenants and owners will be given advance notice of major planned or cyclical works and advice on details of the works programme and relevant contact details. In undertaking such works due regard will be given to the needs of vulnerable tenants or owners and as far as practical flexible working practices adopted to meet any particular requirements.

18.2 Where appropriate tenants and owners will be given opportunities to influence the major planned or cyclical programmes e.g. the terms to apply in a grounds maintenance contract such as the number of grass cuts per year.

18.3 Tenants and owners will be issued with satisfaction surveys after the completion of repairs, planned or cyclical maintenance works and the survey returns will be analysed to identify any areas for improvement.

19. Complaints

19.1 Tenants who feel that Contento Social Homes have not delivered the service outlined in this policy have the right to complain. Complaints will be dealt with in accordance with Contento Social Homes’ Complaints Policy, a copy of which can be obtained on request.

Tenants also have the right to refer the matter to the Public Services Ombudsman upon exhaustion of the complaints process. Owners have the right to refer the matter to the First Tier Tribunal Housing and Property Chambers upon exhaustion of the complaints process.

20. Performance

20.1 Contento Social Homes will maintain information systems to ensure the effective monitoring, analysis and reporting of our repairs and maintenance services. Various aspects of our performance will be reported both annually to the Housing Regulator and in monthly reports to the Board.

Our performance will also be benchmarked against other comparable Registered Social Landlords.

Our financial performance in relation to repairs and maintenance will also be subject to regular budget monitoring and reporting to the Board.

21. Policy Review

21.1 This Policy has been approved by the Board of Contento Social Homes and will be subject to regular review by the Board in accordance with Contento Social Homes’ policy review procedures.

1. Policy Statement

Contento Social Homes has a strong and long-standing commitment to equality, diversity and inclusion and to promoting a positive culture which celebrates difference, challenges prejudice and ensures fairness. Our staff are our greatest assets and all members of Contento Social Homes community should expect to be able to excel, and to be respected and valued for their unique perspectives and contributions.

Integrity, respect and inclusivity are central to Contento Social Homes’ values together with secure supported accommodation. In accordance with these values, Contento Social Homes is committed to providing an environment in which all members of Contento Social Homes community treat each other with dignity and respect, and where bullying, harassment and discrimination are known to be unacceptable. This includes Service Users we provide services to. This Policy sets out the expectations placed on all members of Contento Social Homes.

Contento Social Homes regards any incident of bullying, harassment or discrimination as a serious matter and will respond promptly and sensitively to formal complaints, and where appropriate take disciplinary action.

2. Scope and Purpose

The core shared standard of this policy is to ensure that Service Users are treated by staff with dignity and respect within a culture of belief. This policy applies to all staff of Contento Social Homes in relation to both individual and collective activities and dealings with others in Contento Social Homes. It works in unison with the Staff Code of Conduct which prioritises a respectful and believing response to Service Users.

The purpose of the policy is to:
• Foster a positive culture for working and supporting residents who live in Contento Social Homes with freedom of thought and expression within the law, and within a framework of respect for their rights.
• Promote an enabling and inclusive environment where all individuals are treated with dignity and respect, free from bullying, harassment and discrimination.
• Ensure that occurrences of bullying, harassment and discrimination are taken seriously, and dealt with promptly and with due sensitivity.
• Set out the framework for raising, addressing and resolving concerns about individual and/or organisational behaviour.
• Ensure Service User feedback demonstrates that Service Users feel listened to and believed.

3. Responsibilities

3.1 Individuals

As an organisation we have a responsibility to:
• Demonstrate respect and integrity in our interactions with individuals and groups.
• Work collaboratively and effectively in teams within and across organisational units.
• Identify and challenge unacceptable behaviour when it occurs, even if it is not directed at ourselves.
• Address and resolve matters’ ourselves, where reasonably possible, in a positive and constructive way.
• Raise more serious concerns with the senior management team and participate positively in approaches to resolve them.
• Modify our behaviour should we become aware that we have behaved unacceptably in relation to this policy, even if no complaint has been made.

3.2 Managers

In addition, managers of staff and others with responsibility for areas of work have:
• A responsibility to lead in promoting a culture of dignity and respect, and
• A duty to take timely, relevant action to resolve concerns.

3.3 Contento Social Homes

Contento Social Homes expectations as an employer and provider of safe accommodation to women and children affected by domestic violence will be to ensure that:
• A positive culture for working and living which permits freedom of thought and expression within a framework of mutual respect fosters within the organisation.
• Staff and Service Users are treated with openness, respect and dignity at all times.
• Complaints of harassment, bullying or discrimination are treated seriously and with discretion.
• Staff and Service Users feel safe and are listened to when raising concerns about behaviour.
• Malicious or vexatious allegations are dealt with in line with Contento Homes disciplinary procedures

4. Unacceptable behaviour

Contento Social Homes expects all its staff members to treat others with dignity and respect and regards bullying, harassment or discrimination as unacceptable behaviour. The management team will respond promptly and sensitively to formal complaints, and where appropriate take disciplinary action.

Examples of unacceptable behaviours in the workplace or our homes can include, but are not limited to:
• Unwelcome physical contact ranging from unnecessary touching to serious assault.
• Intimidating or threatening behaviour, or language.
• Unwelcome attention or advances of a sexual nature.
• Disparaging, ridiculing or insulting behaviour, language or gestures.
• Inappropriate communication or visual display of offensive material.
• Isolation, non-cooperation, or deliberate exclusion of an individual from a work situation (including work-related social events).
• Undermining of an individual through unfair work allocation or persistent unjustified criticism.

5. Resolution

Staff and Service Users are encouraged, where possible, to resolve concerns informally. Staff may wish to seek advice and support from a manager, Human Resources Professional or legal advisor.

5.1 Options for Employees

Where an employee identifies a potential breach of this policy, there are a number of ways they may wish to approach the matter in an attempt to resolve it, as set out below:

5.1.1 Individual Action

Where an employee believes they or Service Users are being subjected to treatment which is in breach of this policy, they should seek to address this at the earliest possible stage.

Where they feel able to, the employee should make clear to the person causing the offence that such behaviour is unacceptable to them. In many instances, this can be sufficient to bring an end to that behaviour.

5.1.2 Seeking Informal Assistance

If the employee does not feel able to resolve the matter themselves at an early stage, they may wish to seek advice and support from a senior manager. They may also wish to request a meeting with a Dignity & Respect Advisor (DRA), who can provide support and advice on how the particular problem could be handled.

5.1.3 Raising a Formal Complaint

If the problem has not been resolved by informal means, or the employee feels it cannot be resolved through informal means, then they may submit a formal complaint to management team in line with Complaints or Grievance Policy and procedures, which can be found in the organisation’s policy portfolio.

5.1.4 Reporting concerns to Police

Where an employee identifies that a breach of this policy constitutes a criminal offence or an immediate threat to safety, they should report the matter to the Police. Individuals should also inform the Contento Social Homes management team through the relevant internal route set out in this policy, so that appropriate steps can be taken and support provided.

5.2 Options for Service Users

Where a Service User identifies behaviour contrary to this policy, the ways in which they may wish to approach the matter in an attempt to resolve it are set out below.

5.2.1 Individual Action

Where a Service User believes they are being subjected to treatment which is contrary to this policy, they should seek to address this at the earliest possible stage.

Where they feel able to, the Service User should make clear to the person causing the offence that such behaviour is unacceptable to them, regardless of whether the person is a Service User or a member of staff.

5.2.2 Seeking Informal Assistance

If the Service User does not feel able to resolve the matter themselves at an early stage, they may wish to seek advice and support from Citizens Advice Bureau or an independent member of staff.

The Citizens Advice Bureau will outline the different ways of dealing with the matter, such as:
• Dealing with the situation through discussion.
• Raising the matter with an appropriate member of staff, e.g. a Support Worker or Manager.
• Accessing Service User support services e.g. counselling.
• Submitting a complaint through the Complaint Handling Procedure.

Whilst the Citizens Advice Bureau can provide impartial advice, the Service User concerned will make the decision about which route to follow and take responsibility for progressing with their desired actions.

5.2.3 Raising a Complaint through the Complaint Handling Procedure

If the problem has not been resolved by informal means, or the Service User feels that the matter cannot be resolved through informal means, then they may submit a complaint through the Complaint Handling Procedure which can be found in the relevant policy. The Citizens Advice Bureau can advise Service Users on submitting complaints.

5.2.4 Reporting concerns to Police

Where a Service User identifies behaviour which constitutes a criminal offence or an immediate threat to safety, they should report the matter to the Police. Individuals should also inform the Contento Social Homes through the relevant internal route set out in this policy, so that appropriate steps can be taken and support provided.

6. Monitoring

Contento Social Homes will monitor and review its performance on promoting dignity and respect, and the effectiveness of this policy and associated procedures on an ongoing basis. Formal reports will be provided at regular intervals to Senior Management Team.

7. Alternative Formats

If you require this document in an alternative format, please contact info@contentohomes.com or telephone 0121 702 1420.

Appendix

Definitions

This Appendix provides definitions of the terms ‘bullying’, ‘harassment’, and ‘discrimination’

Discrimination

Discrimination means treating an individual unfairly because the individual has, or is perceived to have a protected characteristic, or because of their association with someone who has a protected characteristic.

The 9 protected characteristics are:
• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation
• Pregnancy and maternity
• Marriage and civil partnership

Discrimination can be direct or indirect. Indirect discrimination can occur when Contento Social Homes have a policy or practice that applies to everyone but particularly disadvantages people who share a protected characteristic.

Harassment
Harassment is defined by the Equality Act 2010 as: “Unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual.”

The relevant protected characteristics are:
• Age
• Disability
• Gender reassignment
• Race
• Religion or belief
• Sex
• Sexual orientation

Staff and Service Users need not possess the relevant characteristic themselves but may be subjected to unacceptable behaviour because they are wrongly perceived to have a protected characteristic, or because of their association with a person who has a protected characteristic. In addition, staff and Service Users have the right to complain of behaviour that they find offensive even if it is not directed at them.

Victimisation is a type of harassment. This occurs when an individual is treated less favourably because he/she has, in good faith, made an allegation of harassment, or has assisted another person in bringing forward such an allegation, or participated in an investigation of a complaint or disciplinary hearing.

Bullying

Bullying is not defined in law but for the purposes of this policy is defined as: “Offensive, intimidating, malicious or insulting behaviour which intentionally or unintentionally undermines, humiliates, denigrates or injures the recipient.” Bullying is normally characterised by a pattern of behaviour but a single incident could be considered as bullying behaviour. Bullying is to be distinguished from the legitimate exercise of managerial responsibilities where these responsibilities are carried out in a respectful, reasonable and appropriate manner.