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Contextual Safeguarding - Harm outside the Family Home

As well as threats to the welfare of children from within their families, children may be vulnerable to abuse or exploitation outside of the family.  Working Together to Safeguard Children 2023 [external link] highlights the importance of practitioners having awareness of the additional vulnerabilities for children and young people who are:

  • at risk of gang involvement and association with organised crime groups
  • frequently missing/absent from home
  • misusing drugs or alcohol
  • at risk of modern slavery, trafficking or exploitation or
  • at risk of radicalisation.

For further guidance on contextual safeguarding see:

Additional groups highlighted as being potentially vulnerable are:

  • privately fostered children
  • young carers
  • young people in secure youth establishments
  • those living in families where there are emerging parental mental health/drug/alcohol issues
  • those who have returned home to their family from care.

Assessments of children in such cases should consider whether wider environmental factors are present in a child’s life and are a threat to their safety and welfare. Children who may be alleged perpetrators should also be assessed to understand the impact of contextual issues on their safety and welfare. Interventions should focus on addressing these wider environmental factors, which are likely to pose a risk to the safety and welfare of a number of children who may or may not be known to the local authority. 

Children at risk of radicalisation

Channel Panels were established under the Counter Terrorism and Security Act 2015 [external link] to assess the extent to which identified individuals are vulnerable to being drawn into terrorism and where appropriate to arrange for support to be provided. When assessing Channel referrals the Statutory Safeguarding Partners and the relevant partner agencies should consider how best to align these with assessments undertaken in accordance with the Children Act 1989 [external link]. 

The Counter Terrorism and Security Act 2015 contains a duty on specified authorities in England, Wales and Scotland to have due regard to the need to prevent people from being drawn into terrorism.

The Children Act 1989 promotes the view that all children and their parents should be considered as individuals and that family structures, culture, religion, ethnic origins and other characteristics should be respected. Local authorities should ensure they support and promote fundamental British values of democracy, the rule of law, individual liberty, mutual respect and tolerance of those with different faiths and beliefs. 

For further information and guidance see DSP PREVENT Practice Guidance and the Channel Process [PDF Document].

Practitioners should also recognise the right to special protection and help for child refugees.

For further information and guidance see DSP Modern Slavery and Human Trafficking Practice Guidance [PDF Document].

Parental Mental Health and Child Abuse and Neglect

Living in a household where parents or carers have mental health problems does not necessarily mean a child will experience abuse or negative consequences. Many children whose parents have mental health problems go on to achieve their full potential in life, particularly if their parents receive the right support at the right time.  

However, there is a risk that parental mental health problems can impact negatively on children. All types of mental health problems can vary in severity. The impact on children depends on the parent or carer, their circumstances and the support they receive.

Babies of mothers who experience perinatal mental illness are at an increased risk of being born prematurely with a low birth weight. Post-natal depression can affect parents and carers bonding with the baby and can have a negative impact on the baby’s intellectual, emotional, social and psychological development. In older children the impact of parental mental health problems include a risk of developing behavioural problems, being required to take on a caring role and increased stress and anxiety. In the most serious cases children may suffer abuse or neglect from a parent or carer with a mental health problem and parental mental health problems are frequently present in cases of abuse and neglect. The risks to children are greater when parental mental health problems exist alongside domestic abuse and parental substance misuse.

For further information and guidance see www.nspcc.org.uk/preventing-abuse/child-protection-system/parental-mental-health [External Link]

Parents or Carers with Learning Disabilities

Parental learning disabilities do not necessarily have an adverse impact on a child’s developmental needs but it is essential to assess the implications for each child in the family. Learning disabled parents may need support to develop the understanding, resources and skills to meet the needs of their children. Such support is particularly necessary where the parent or carer experiences additional stressors such as social exclusion, domestic abuse and poor mental health or have substance misuse problems.

Where a parent has enduring/and or severe learning disabilities children in the household are more likely to suffer significant harm through abuse or neglect. Children may have caring responsibilities inappropriate to their age placed upon them including caring for siblings.

All agencies must recognise that their primary duty is to ensure the promotion of the child’s welfare including their protection from any risk of harm. Children’s Social Care and Adult Social Care (and other agencies) should undertake a multi-disciplinary assessment using the threshold tools.

Safeguarding Disabled Children and Young People

There are several factors that contribute to disabled children and young people being at greater risk of abuse. These include communication barriers, increased isolation, misunderstanding the signs of abuse and inadequate support. Disabled children with behaviour or conduct disorders are at the highest risk of abuse. Other high risk groups include children with learning disabilities, speech and language difficulties, deaf children and children with health related conditions.

If a child is disabled this does not necessarily account for why they are showing particular behaviours and practitioners should always look beyond the disability or diagnosis. 

For further information and guidance see NSPCC.org.uk/safeguarding-child protection-deaf and disabled children    

Assessment of disabled children and their carers 

Working Together to Safeguard Children (2023) [PDF Document] requires that the Statutory Safeguarding Partners and relevant partner agencies have a shared response to meet the needs of disabled children who have specific additional needs. When undertaking an assessment of a disabled child the local authority must also consider whether it is necessary to provide support under Section 2 of the Chronically Sick and Disabled Persons Act (CSDPA) 1970 [external link]. Where a local authority is satisfied that the identified services and assistance can be provided under S2 CSDPA and the support is necessary to meet the child’s needs, the local authority must arrange this support.

Where a local authority is assessing the needs of a disabled child, a carer of that child may also require the local authority to undertake an assessment of their ability to provide, or continue to provide, care for the child under Section 1 of the Carers (Recognition and Services) Act 1995 [external link]. The local authority must take account of the results of any such assessment when deciding whether to provide services to the disabled child.

If the local authority considers that a parent or carer of a disabled child may have support needs, it must carry out an assessment under 17ZD of the Children Act 1989 [external link]. The local authority must also carry out such an assessment if a parent carer requests one. Such an assessment must consider whether it is appropriate for the parent carer to provide, or continue to provide, care for the disabled child in light of the parent carer’s needs and wishes.

Assessment of young carers

If the local authority considers that a young carer may have support needs, it must carry out an assessment under section 17ZA Children Act 1989 [external link]. The local authority must also carry out an assessment if a young carer, or the parent of a young carer, requests one. Such an assessment must consider whether it is appropriate of excessive for the young carer to provide care for the person in question, in light of the young carer’s needs and wishes. The Young Carer’s (Needs Assessment) Regulations 2015 [external link] require local authorities to look at the needs of the whole family when carrying out a young carer’s assessment. Young carer’s assessments can be combined with assessments of adults in the household with the agreement of the young carers and adults concerned.

Assessment of children in secure youth establishments

Any assessment of children in secure youth establishments should take account of their specific needs. In all cases the local authority in which the secure youth establishment is located is responsible for the safety and welfare of the children in that establishment. The host local authority should governor, director, manager or principal of the secure youth establishment and the child’s home local authority, the relevant Youth Offending Team and where appropriate the Youth Custody Service to ensure that the child has a single, comprehensive support plan.

Following the Legal Aid Sentencing and Punishment of Offenders Act 2012 [external link] all children and young people remanded by a court in criminal proceedings will be looked after children. Where a child becomes looked after as a result of being remanded in youth detention accommodation (YDA) the local authority must visit the child and assess the child’s needs before making a decision. This information must be used to prepare a Detention Placement Plan (DPP) which must set out how the YDA and other practitioners will meet the child’s needs whilst the child is remanded. The DPP must be reviewed in the same way as a care plan for any other looked after child.    

Safeguarding the Unborn

Babies are particularly vulnerable to abuse and any work carried out in the antenatal period can help minimise any potential harm if there is early assessment, intervention and support.  All practitioners should understand how respond to concerns for an unborn baby and how to be involved in safe planning with multi-agency  practitioners working together, with families, to safeguard the unborn through to birth.

Where practitioners become aware a woman is pregnant, at whatever stage of the pregnancy, and they have concerns for the mother or unborn baby’s welfare, or that of a sibling, it must not be assumed that Midwifery or other health services are aware of the pregnancy or the concerns held.  All practitioners should follow their own agency’s child protection procedures and discuss concerns with the agency’s safeguarding lead in the first instance.

An assessment by Children’s Social Care must commence as early as possible where:

  • concerns exist regarding the mother’s or father’s ability to self-care or protect
  • alcohol and/or substance abuse is present and is likely to impact on both the parent(s) and the child
  • there are professional safeguarding concerns regarding parenting capacity, particularly where the parents have either mental health problems, learning disabilities and difficulties or mental capacity issues
  • the child is believed to be at risk of significant harm due to domestic abuse
  • the expectant parent(s) are very young and a dual assessment of their own needs as well as an assessment of their ability to meet the baby’s needs is required; this includes young people under 16 for who there is a risk of Child Sexual Exploitation, trafficked or as a result of non-consensual sex
  • a previous child in the family has been removed either permanently or on a temporary basis because they have suffered harm or been at risk of suffering significant harm
  • a person who has been convicted of an offence against a child or adult, or is believed by child protection professionals to have abused a child, intends to join or has contact with the family
  • an unborn baby has siblings subject to a Child Protection Plan or previously subject to a Child Protection Plan a person is subject to Multi-agency Public Protection Arrangements (MAPPA) need to be considered
  • the parent is a Looked After child or has been previously looked after by a local authority
  • any other concerns that the professional beliefs may place the unborn at risk of harm

Any such concerns should be addressed as early as possible before the birth so that a full assessment can be undertaken and support offered to enable the parent/s (wherever possible) to provide safe care (including before the pregnancy is confirmed).

Referral into Children’s Services- Where agencies or individuals anticipate that prospective parents may pose a significant risk for their unborn these should be referred to social care at the earliest opportunity.

For those unborn babies about which practitioners are concerned but which do not meet the criteria for Social Care Assessment, consideration should be given at the earliest opportunity to signposting to other agencies which are able to provide support. Practitioners should also consider the completion of an Early Help Assessment which will identify support requirements and ensure that the wellbeing of the unborn is at the centre of the assessment, allowing early support to be provided to reduce the risks to the unborn. An Early Help assessment is a holistic assessment that considers the child’s developmental needs, parenting capacity, environmental needs and level of risk.  Practitioners will be able to gather new information and with the information they already know provide a multi- agency package of support for the baby and family via the Team around the Family process. The information gathered through this process is shared appropriately and can be used to help determine if an unborn single assessment through social care is required.

Where an unborn baby is likely to be in need of services from children’s social care when born, you should contact the Children's Initial Advice Team to discuss. Telephone 01325 406252

For further detailed guidance and a flow chart of the referral process see Safeguarding the Unborn Procedure and Practice Guidance [PDF Document].