Family Department Safeguarding Policy

Osbornes are committed to providing the highest standards in all our dealings with our clients and our staff.

Introduction

This policy relates to the protection from harm, safeguarding of and promotion of the wellbeing of children, young people, vulnerable adults (“vulnerable people”) and those working for or with vulnerable people within the firm.

At Osbornes Family Department we recognise that all of our clients and others involved in Family Law matters will be experiencing vulnerabilities to differing degrees. In circumstances where it has been necessary to seek legal advice from Family Law solicitors it is inevitable that there will be vulnerabilities both as a result of the circumstances in which advice is sought and the clients and other parties more general circumstances. We are particularly aware that in a lot of cases we are either representing vulnerable people or are representing parties whose decisions and actions will have a significant impact on vulnerable people.

We are also conscious that the demands that this can place on our staff and other family law professionals with whom we work may put those staff members or professionals at risk of harm.

The purpose of this policy is:

  • To protect children, young people and vulnerable adults when concerns about their safety and welfare come to our attention.
  • To provide everyone working for us with the overarching principles that guide our approach to safeguarding.
  • To put in place procedures to be followed when concerns about children, young people and vulnerable adults arise.
  • To put in place procedure and support to be followed and easily accessible for staff members when they are struggling with the demands of representing children, young people or vulnerable adults.

We are committed to conducting ourselves and our work in a way that protects the welfare of vulnerable people and to keep them safe. Everyone working in Osbornes Family Department must follow this policy and it must be promoted by those in leadership positions. Everyone has a duty and responsibility to safeguard vulnerable people, to promote their welfare and allow them to live safely and protect them from harm.

The safeguarding partner in Osbornes Family Law Department is Andrew Watson (andrew.watson@osborneslaw.com)

 

Scope

This policy applies to all employees, contractors, volunteers of Osbornes Family Department who interact with children, young people and vulnerable adults in the courts of their work. It encompasses all areas of our Family Law practice, including client interactions, meetings, court hearings, telephone and other remote conferences and meetings and any other relevant activities.

By children and young persons we mean any person under the age of 18 years. Vulnerable adults are any persons over the age of 18 who may be at risk due to a variety of factors.

Children, young people and vulnerable adults are individuals who may be at risk due to a variety of factors including but not limited to

  • Mental or physical health
  • Disabilities
  • Age
  • Gender
  • Trauma or emotional distress
  • Cognitive impairment
  • Victims of domestic abuse of any form
  • Those with limited language proficiency
  • Those facing significant cultural or religious barriers

 

Safeguarding

Safeguarding and promoting the welfare of children, young people and vulnerable adults includes but is not limited to:

  • Recognising when a client may be vulnerable
  • Protection from maltreatment
  • Preventing the impairment of health or development
  • Recognising and taking steps to address domestic abuse, whether physical abuse, neglect (including self neglect), psychological abuse, emotional abuse, financial abuse, sexual abuse, organisational and institutional abuse
  • Where possible taking action before harm occurs
  • Responding appropriately to the perceived risk
  • Signposting clients to appropriate agencies where necessary
  • Being transparent and accountable in delivering safeguarding
  • Creating a safe and supporting environment
  • Providing advice and assistance in a manner appropriate to the client
  • Respecting the rights and dignity of all vulnerable clients
  • Regularly reviewing and assessing the situation

 

Key Principles

This policy is based on the following key principles:

  • Empowerment – supporting individuals to make their own decisions and give informed consent
  • Prevention – where possible taking action before harm occurs
  • Proportionality
  • Protection – protection from harm
  • Confidentiality – maintaining client and former client confidentiality
  • Accountability – accountability and transparency in delivering safeguarding

 

Roles and Responsibilities

Concerns may arise in many different circumstances, including during meetings, telephone calls or other communications from clients, other lawyers through our work with other organisations, members of the public or other family law professionals. Concerns may also arise during meetings with children, young people or vulnerable adults.

Where concerns are raised we shall try to have the conversation in a safe place where the person making disclosure can speak openly. We will listen carefully and give the person our time and attention. If they have specific needs then we will listen and provide the support and information in a manner which is most appropriate. We shall not be judgmental or jump to conclusions and will reassure any vulnerable client that they have done the right thing by providing the disclosure and that we will act to protect vulnerable clients.

We will seek information as to what the person wants to happen and explain to them what steps can be taken. If necessary and appropriate, raise the concern as a matter of priority the same day, or if later in the day and impractical to do so the following day with our supervisor or a partner in the department.

Where necessary and appropriate further guidance can be provided to the vulnerable person, including either referrals or information signposting them to appropriate services.

Our supervisors and partners will ensure there is appropriate liaison with support for and information given to the staff member who has raised a concern or is working with children, young people or vulnerable adults.

Immediate action may be required to ensure the safety of vulnerable persons, including but not limited to contacting the police or ambulance service, referring clients to urgent support agencies or making appropriate applications to the court where possible.

At all times an accurate record of any safeguarding issues and our response to those issues will be kept on the client file.

 

Training and Awareness

We will regularly provide and promote training on safeguarding vulnerable people as part of our annual training plan

 

Staff Welfare 

Partners and supervisors will be available to discuss safeguarding concerns and any difficulties that staff may have in respect of assisting vulnerable clients. The employee wellbeing policy is set out at paragraph 12 of our office manual.