Relationships and Physical Contact with Children

The home should provide a nurturing environment that is welcoming and supportive and provides appropriate boundaries. This environment should support a child’s physical, mental and emotional health, in line with the approach set out in the home’s Statement of Purpose.

Homes must also meet children’s basic day to day needs and physical necessities. Staff should seek to meet the child’s basic needs in the way that a good parent would, recognising that many children in residential care have experienced environments where their needs have not been consistently met – doing so is an important aspect of demonstrating that the staff care for the child and value them as an individual.

Suitable arrangements should be in place in all homes for matters relating to physical contact, intimate care, menstruation, enuresis, encopresis and other aspects of children's personal care. These arrangements should take into account the child’s gender, religion, ethnicity, cultural and linguistic background, sexual identity, mental health, any disability, their assessed needs, previous experiences and any relevant plans e.g. Placement Care and Plan.

Staff must provide a level of care, including physical contact, which is designed to demonstrate warmth, respect, and positive regard for children.

Physical contact should be given in a manner that is safe and protective and promotes positive relationships with adults.

Where a staff members daily work brings them into a one to one situation they should inform other staff why this is necessary and where this will be taking place.

Where one to one work is delivered as part of a specialist service or direct work programme this should be identified in the Placement Plan.

Managers will, where it is deemed necessary, ensure a risk assessment is carried out for the delivery of any piece of work that is consistent with the Placement Plan.

Staff should always try to keep doors open unless this constitutes a breach of privacy for the child. In these instances it may be necessary to undertake a risk assessment of the situation.

No volunteer working in the home should ever be in a one to one situation with a child.

If an accident happens whilst in this situation as with any other situation make sure an accident report form is filled in and signed by all parties.

Giving first aid or personal care (where deemed necessary on the Placement Plan), should be recorded on the relevant format.

If any member of staff is uneasy about the behaviour of others who are putting himself or herself or the child at risk they must inform the manager of the home.

Where a member of staff feels that the unease is centred on the registered manager they must report this to a manager outside of the line management of the home, or to the child's social worker.

Any allegations, suspicions and/or disclosures of abuse should be reported as per Safeguarding Children and Young People and Referring Safeguarding Concerns Procedure.

Children can misinterpret contact or make allegations for various reasons:

• They may link the contact with a past experience;
• The allegation can be a way of obtaining power or control over a situation;
• The child may think making an allegation can help remove them from an unhappy situation or placement;
• Contact may be genuinely misinterpreted.

To minimise opportunity for misinterpretation and false allegations, physical touch such as massage should not take place. Whilst in some contexts, the use of massage and similar forms of touch are considered positive and therapeutic, when caring for children who have experienced inappropriate or abusive touch, such behaviours can be misinterpreted and at worst provide a 'cover' for inappropriate or abusive touch.

It is important to remember that many children living in care have suffered from inappropriate/unwanted and detrimental abuse and/or neglect which may lead them to attempt to relate to others in inappropriate ways. Any unwanted physical contact by an adult, however well intended, may trigger unexpected reactions which can be misconstrued in certain children. All staff should be aware that physical contact may lead to a response which is difficult to understand and manage.

Where a child or young person initiates inappropriate contact, it is the responsibility of the staff member to ensure that contact is not exploited in any way and to sensitively deter the child without them feeling rejected, and to help them to understand the importance of personal boundaries. In such circumstances the incident should be reported to the Home/ Deputy Manager as soon as possible. The event should be recorded and reported to external parties for transparency and review.

Position of trust' is a legal term that refers to certain roles and settings where an adult has regular and direct contact with children. Examples of positions of trust include:

• Teachers;
• Care workers;
• Youth Justice Workers;
• Social Workers;
• Doctors.

It's against the law for someone in a position of trust (which employees of Homes2inspire are) to engage in sexual activity with or in the presence of that child, or to cause or incite that child to engage in or watch sexual activity; even if that child is over the age of consent (16 or over).

Any sexual activity between an adult and a child or young person with whom they work is a criminal offence and will always be a matter for disciplinary action.

Sexual activity relates to any physical contact including penetrative and non-penetrative acts and also includes non-contact activities such as causing children to engage in or watch sexual activity or the production of pornographic material. Working Together to Safeguard Children defines sexual abuse as "forcing or enticing a child or young person to take part in sexual activities, whether or not the child is aware of what is happening".

Staff should be aware that consistently conferring inappropriate special attention and favour upon a child may be construed as part of a "grooming" process (i.e. where the sole purpose is to gain the trust of a child and manipulate the relationship so sexual abuse can take place) and as such will give rise to concerns about their behaviour.

Staff should:

• Be aware that even well intentioned physical contact may be misconstrued by the child, an observer or by anyone to whom this action is described;
• Always be prepared to report and explain actions and accept that all physical contact be open to scrutiny;
• Always encourage children, where possible, to undertake self-care tasks independently;
• Work within the Health and Safety Regulations;
• Be aware of cultural or religious views about touching and always be sensitive to issues of gender;
• Understand that physical contact in some circumstances can be easily misinterpreted;
• Follow the child’s Positive Behaviour Support Plan and gain consent;
• Ensure that their touch is non-abusive, with no intention to cause pain or injury, that it is in the best interest of the child and others;
• Be aware that if they are alone with a child/young person that they have informed another staff on duty what they are doing and where they will be situated in order to ensure safeguards are in place (e.g. member of staff in eye sight/ear shot). These incidents must be recorded.

Staff must not:

• Touch a child in a way that may be considered indecent, for example, do not touch within the bathing (bikini/trunks) costume area of a child or on/in any erogenous zones, e.g. on the neck/lips, middle of the back;
• Indulge in play fighting or horse play;
• Have sexual relationships with children and young people;
• Have any form of communication with a child or young person which could be interpreted as sexually suggestive or provocative, for example, verbal comments, notes, letters, electronic mail, phone calls, texts / instant messages, physical contact;
• Make sexual remarks, to or about, a child or young person;
• Discuss their own sexual relationships with or in the presence of children or young people;
• Use sexually suggestive language with colleagues.

The culture or values of the home should be such that touch is encouraged as a positive and safe way of communicating affection, warmth, acceptance and reassurance.

Staff/adults and children should be encouraged to use touch, positively and safely.

But it is important for staff/carers and children to know if boundaries exist within the home or for individual children.

If boundaries or risks exist for individual children, they should be set out in their Behaviour and Risk Management Plan and/or Personal Details on Charms profile.

In the absence of any known risks, the following should be taken into consideration

1. When thinking about who is an appropriate person to touch a child, it is vital to consider what the adult represents to the particular child. Personal likes and dislikes will play a part in any relationship;
2. In addition, many factors influence the power relationship between adult and child, including gender, race, disability, age, sexual identity and role status;
3. The background of the child will also influence any decision about who represents a 'safe' adult in the eyes of the child;
4. Children from ethnic minority backgrounds may be used to different types of touch as part of the culture;
5. Children who have been subject to physical or sexual abuse may be suspicious or fearful of touch. This is not to say that children who have experienced abuse should not be touched, it may be beneficial for the child to know different, safer and more reliable adults who will not use touch as a form of abuse;
6. For each child, what constitutes an intimate part of the body will vary; but generally speaking it is acceptable to touch children's hands, arms, shoulders;
7. Other parts of the body are less appropriate to be touched, and only for specific reasons, which could include supporting health care. Some parts of the body are 'no go areas';
8. Therefore, it may be appropriate to touch a child's back, ears or stroke their hair or knees - if the child indicates such touch is acceptable. To go beyond this would be unacceptable, even if the child appeared to accept it;
9. In any case, no part of the body should be touched if it were likely to generate sexualised feelings on the part of the adult or child;
10. Also, no part of the body should be touched in a way that appears to be patronising or intrusive;
11. Therefore, the context in which touch takes place is usually a decisive factor in determining the emotional and physical safety for both parties;
12. What message is being sent out to the child? If the intention is to positively and safely communicate affection, warmth, acceptance and reassurance it is likely to be acceptable;
13. In residential care hugs should be offered only in a sideways manner and kissing is always inappropriate. Sitting alongside a child to offer emotional support is best practice, allowing the child to sit on the lap of a member of staff is not;
14. A fleeting or clumsy touch may confuse a child or may feel uncomfortable or even cause distress. Staff/adults should touch with confidence, and should verbalise their affection, reassurance and acceptance; by touching and making positive comments. For example, by touching a child's arm and saying "Well Done";
15. Where children indicate that touch is unwelcome staff/carers should back off and apologise if necessary;
16. Staff/adults should talk to the team and record their interactions with children. If particular strategies work, or not, others should be informed so they can build on or avoid making the same mistake;
17. Touch of an equally positive and safe nature is acceptable between staff/adults; it demonstrates positive role models for children and shows that adults can get along and use touch in non-abusive or threatening ways;
18. It is also acceptable to talk about how touch feels, about acceptable boundaries and expectations;
19. Play fighting, in the context of caring for children who have had difficult or abusive experiences, should be avoided as it:
    1. Demonstrates and can reinforce an inappropriate model of contact and use of strength and power;
    2. Can confuse and blur the boundaries of appropriate touch;
    3. Can serve as a 'cover' for abusive practice;
    4. Can arouse children sexually;
    5. Can evoke flashbacks for children;
    6. Can marginalise those not involved. If for some children play fighting is the only way they feel able to obtain physical contact, staff/carers should discuss and agree strategies for managing and redirecting the child into more appropriate methods of interaction - i.e. through sporting activities - aiming to phase out the undesired behaviour.
20. All parties should always be appropriately dressed. Staff/carers should ensure that all children have appropriate nightclothes;
21. The key is for staff/carers to help children experience and benefit from touch, positively and safely; as a way of communicating affection, warmth, acceptance and reassurance.