Safeguarding

1. Introduction

Horsham District Council is committed to protecting and safeguarding adults (with care and support needs) and children. This policy promotes the need to be vigilant across all services delivered by the Council, including contractors and organisations providing services on behalf of the Council, to protect members of the community.

It is the Council's responsibility to promote the welfare of the community and to protect it from harm. It should never be assumed that abuse and neglect do not occur in the District. It is not the Council's role to establish whether abuse is taking place; however, it is the Council's responsibility to report and record any concerns regarding the welfare of adults (with care and support needs) and children.

2. Safeguarding policy statement

All adults (with care and support needs) and children have the right to protection from abuse or neglect with full attention being given to protected characteristics:

age
gender reassignment
being married or in a civil partnership
being pregnant or on maternity leave
disability
race including colour, nationality, ethnic or national origin
religion or belief
sex
sexual orientation

https://www.gov.uk/discrimination-your-rights

Horsham District Council is committed to:

(i) protecting children and adults from harm, abuse and neglect,

(ii) maintaining a culture of vigilance and professional curiosity,

(iii) acting promptly on safeguarding concerns, (iv) supporting staff to recognise and respond to risks

(v) working effectively with safeguarding partners.

3. Definitions

An adult with care and support needs; those needs may:

arise from or are related to a physical or mental impairment or illness
be as a result of the adult’s needs the adult is unable to achieve two or more of the following outcomes: managing nutrition, hygiene, toilet needs, clothing, safety, home environment, family/personal relationships, work/training (Care Act 2014) and
as a consequence, there is, or is likely to be, a significant impact on the adult’s well-being.

Under the Care Act 2014, specific adult safeguarding duties apply to any adult (18 years or over) who:

has care and support needs (whether or not the local authority is meeting those needs) and,
is experiencing, or is at risk of, abuse or neglect and,
is unable to protect themselves because of their care and support needs.

Children:

any person under the age of 18 years of age including an unborn baby.

Horsham District Council:

All officers, volunteers and elected members of Horsham District Council.

4. Legal responsibilities

The charity discount rate for the bulk purchase of season tickets may also be available to not-for-profit organisation, subject to internal approval.

Please note that political parties or politically motived organisations will not be eligible for the charity discount as the Council must remain politically neutral.

4.1 Statutory duties and policy frameworks

The Safeguarding Policy and procedures set out the Council's legal obligations in relation to safeguarding.

Horsham District Council is a member of both the West Sussex Safeguarding Adults Board (WSSAB) and the West Sussex Safeguarding Children Partnership (WSSCP). These are overarching bodies that oversee partner organisations to ensure they meet their statutory duties.

The SafeguardingPolicy and procedures should be read in conjunction with all relevant legislation and guidance including the following:

The Children Act 1989 and 2004
The Human Rights Act 1998
The Protection of Children Act 1999
‘No Secrets’ 2000 Guidance
Mental Capacity Act 2005
Safeguarding Vulnerable Groups Act 2006
Equality Act 2010
The Care Act 2014
Modern Slavery Act 2015
Prevent Duty guidance 2015
GDPR and the Data Protection Act 2018
Information Sharing: Advice for Practitioners 2018
Domestic Abuse Act 2021
Working Together to Safeguard Children 2023
Online Safety Act 2023

4.2 New Legislation

The Crime and Policing Act 2025 (introduces mandatory reporting duties for child abuse and specific offences for child criminal exploitation and ‘cuckooing’).

4.3 Information sharing protocol

The Council supports the principle of information sharing in line with General Data Protection Regulation (GDPR).

Data protection law supports, and does not prevent, the sharing of personal information where this is necessary to safeguard children and adults at risk of harm. Appropriate information sharing is essential to effective safeguarding and promoting wellbeing.

Information should be shared lawfully, fairly, and proportionately, based on professional judgement and the specific circumstances of the case. Failing to share information when it is needed to protect a child or adult can place them at greater risk.

Data protection legislation has an enabling role, providing a framework to ensure information is shared responsibly in safeguarding contexts.

The Council is committed to working closely with partners in all matters relating to safeguarding. In all cases information shared will be proportionate and pertinent to the issue and will be shared with the relevant key agencies and records are securely stored. Horsham District Council retains Safeguarding records in line with West Sussex County Council. There is a data retention policy in accordance with guidance from West Sussex County Council:

https://www.westsussex.gov.uk/about-the-Council/information-and-data/data-protection/records-management/

It is important to note that adults have a general right to independence, choice and self-determination including control over information about themselves. In the context of adult safeguarding these rights can be overridden in certain circumstances.

Emergency or life-threatening situations may warrant the sharing of relevant information with the relevant emergency services without consent.

For further information, see:

https://sussexsafeguardingadults.org/access-the-policy-and-procedures/section-2/2-11-adult-safeguarding-and-sharing-information/

5. The Safeguarding Policy

5.1 The Policy

This is a combined policy encompassing adults (with care and support needs) and children. It applies to Horsham District Council when carrying out its duties. It also includes those working on behalf of the Council. It seeks to ensure that those working with adults (with care and support needs) and children have a good understanding of safeguarding and how to report concerns.

This policy promotes the need to be vigilant across all services delivered by the Council, including contractors and organisations providing services on behalf of the Council.

The Policy also requires those in receipt of funding to have appropriate safeguarding policies and procedures in place and expects any organisation who works with children or adults with care and support needs that receives Council funding to have a robust safeguarding policy. This would be a condition of funding.

The Council checks that an organisation has a policy in place if they are working with children or adults with care and support needs for grant applicants.

The policy is supported by internal operating procedures which explain identifying the signs and indicators of abuse or neglect and other safeguarding concerns such as child exploitation, domestic abuse and modern slavery.

The operating procedures also provide guidance for reporting a concern and making a referral to West Sussex County Council’s child and adult social care services. The details of Safeguarding Lead Officers and Safeguarding Champions within Horsham District Council can be found on the Council's intranet (link – but only for Intranet version of Policy)

5.2 Policy review

The safeguarding policy and operating procedures will be reviewed:

biennially, or
when policies and procedures change (both internally and externally) or there is a change in relevant legislation
if an incident occurs that may require the policy to be amended

6. Safeguarding responsibilities

6.1 Corporate responsibilities

Horsham District Council accepts its legal and moral responsibility towards safeguarding. The Council must ensure the safeguarding policy and operating procedures are implemented. A full protocol for identifying and responding to safeguarding issues is available to all Officers and Councillors on the Council’s Intranet.

Horsham District Council has adopted the following internal roles and responsibilities:

The Director of Communities is the Council’s Lead Officer on all safeguarding issues as required under Section 11 of the Children Act 2004, the Care Act 2014 and is the designated safeguarding officer for the council.

Lead safeguarding officers (operational):

Head of Housing and Community Services

Supported by

Head of Leisure and Culture
Community Services Manager
Performance Management Officer

Elected member:

Cabinet Member with responsibility for safeguarding: Member for Housing and Communities

Lead senior officers for allegations against Horsham District Council

Head of Human Resources and Organisational Development

Head of Legal and Democratic Services/Monitoring Officer

Lead Officer for Safeguarding Concerns about an Officer or volunteer

Director of Communities

Safeguarding Champions

Officers with enhanced knowledge support Horsham District Council in dealing with safeguarding issues, concerns, and engaging wider statutory and community support,

Managers

All managers are responsible for ensuring members of staff are adequately supported and supervised; that risk assessments are in place; and staff are challenged to consider the needs of adults (with care and support needs) and children. Managers must also keep staff safe, protected and ensure that all aspects of this policy and the operating procedures and reporting protocols are adhered to.

Staff and volunteers:

It is the responsibility of all staff to report any safeguarding concerns in accordance with the operating procedures, and to complete all mandatory safeguarding training provided by the Council.

Elected members:

Members champion safeguarding in the community, and report concerns in accordance with the operating procedures.

6.2 Safer Recruitment

Horsham District Council’s recruitment and selection procedures are in accordance with the principle of Safer Recruitment. This includes ensuring all necessary checks are carried out on staff and Elected Members of the Council. At least two written references are required when recruiting staff.

Safeguarding and the use of DBS (Disclosure Barring Service) reporting is detailed in job descriptions and at interview (role specific). All employees are required to undertake mandatory safeguarding training and are expected to apply their knowledge as a part of their working practice.

In accordance with DBS procedures Horsham District Council will report any individuals to the DBS who through the course of recruitment checks have a record for having caused harm to a child or adult.

6.3 General responsibilities

Horsham District Council has a duty to:

Prevent: the abuse or harm of adults (with care and support needs) and children by ensuring that services are safe, appropriate, and delivered with respect and understanding.
Protect: adults (with care and support needs) and children taking all reasonable steps to safeguard the rights, health, and wellbeing of those who take part in Council, or Council sponsored activities or use Council facilities.
Support: adults (with care and support needs) and children by promoting their welfare.

In addition, Horsham District Council must ensure that its officers, members and volunteers know how to recognise if harm or abuse has or is at risk of happening, respond to the concern and report it. This is often referred to as the three Rs – recognise, respond and report.