Guidance

Child Safeguarding Due Diligence: for external partners

Updated 7 November 2022

FCDO’s approach to Enhanced Due Diligence Safeguarding

FCDO has in place standards under the Safeguarding against Sexual Exploitation and Abuse and Sexual Harassment (SEAH) Due Diligence Guidance for FCDO implementing partners that cover partner policies and processes on safeguarding, whistleblowing, human resources, risk management, codes of conduct and governance. These standards help FCDO to assess an organisation’s ability to mitigate safeguarding risks in their work including to safeguard children and vulnerable adults from sexual exploitation and abuse.

Purpose of this guidance on Child Safeguarding

This guidance builds on the enhanced due diligence safeguarding guidance. It sets out additional questions under each of the 6 policy areas for FCDO to consider for organisations delivering programmes that will involve them coming into contact directly or indirectly with children. These questions are based on the internationally recognised Keeping Children Safe Standards. They are designed to help FCDO assess organisations’ child safeguarding policies and processes to ensure their programmes and operations do not put children at risk of harm and to enable them to respond appropriately when concerns and incidents arise.

What is Child Safeguarding?

Child safeguarding is the process of preventing and protecting children from harm and enabling them to have the best outcomes, regardless of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation. There are contexts in which children are a greater safeguarding risk and this can be perpetuated due to gender and social imbalances. For FCDO this means the responsibility that organisations have to ensure that all those involved in the delivery of aid “do no harm” to children taking appropriate action to prevent harm and to respond appropriately when it does occur.

Child safeguarding encompasses all forms of harm including physical abuse, sexual abuse, online abuse, child sexual exploitation, neglect and negligent treatment, emotional abuse and commercial exploitation. It covers all children but those who have additional vulnerabilities (for example, children with disabilities, unaccompanied children, refugees, victims of trafficking/modern slavery, children affected by armed conflict, and children outside parental care) will require organisations to factor in additional safeguarding considerations.

The promotion of child rights is a key element of child safeguarding. As signatories to the Convention of the Rights of the Child (UNCRC), the UK has an obligation under law to protect children from all forms of violence, abuse and harm. In line with the UNCRC and the Children Act 1989, FCDO defines a child as any individual under the age of 18 regardless of the age of majority/consent in a country. In 2018 the UK government ratified the Lanzarote Convention on tackling child sexual exploitation. This obliges countries to help prevent SEAH, protect victims and prosecute offenders.

Child Safeguarding in FCDO’s work

Children are particularly vulnerable to violence, abuse and exploitation due to their lack of power and agency. Child safeguarding is therefore central to FCDO’s mandate to support the world’s most poor and vulnerable. In many of the contexts in which FCDO works (such as extreme poverty, conflict, and natural disasters), there can be an increased risk of child abuse, neglect and exploitation. Violence and exploitation have long lasting impacts on children’s health, their capacity to learn and their economic prospects in later life.

FCDO has a responsibility to protect the children we work with, are in contact with, or who are affected by our work and operations. We also have a responsibility to help our partners meet at least the minimum requirements on child safeguarding. All organisations that work with or come into contact with children are especially required to have safeguarding policies and procedures in place and actively enforced which ensure the rights of all children to protection from harm are upheld.

How this guidance will be applied to FCDO programmes

This guidance should apply to all FCDO programmes that involve children both directly and indirectly. This could be where children are the main beneficiaries (e.g. an education, health or social protection programme) or when programmes come into contact with children (e.g. consultants for an infrastructure or livelihood investment programme will come into contact with children on-site).

There are contexts in which children may be at greater safeguarding risk. This can be perpetuated due to power imbalances, gender inequality and disability stigma. For example, in the school setting a child may be at risk of facing corporal punishment or be pressured to have “sex for grades”. Children who do not have the protection of an adult, such as those without a parent or caregiver including in residential care, may also be more vulnerable. – particularly children with disabilities. Risks need to be considered through consideration of protected characteristics set out in the Public Sector Equality Duty^{[footnote 1]}, as well as through the lens of those who may be discriminated against due to their background in any given context.

FCDO will take a proportionate approach in accordance with the level of risk associated with the programme. For programmes working directly with children and considered a higher child safeguarding risk, organisations must provide proportionate evidence in all 6 areas, including by answering all questions relevant to their programme, and be compliant on a risk-based approach.

Child Safeguarding questions for each policy area under the Enhanced Due Diligence Safeguarding

Below are the areas that will be covered by FCDO teams carrying out a due diligence assessment on an organisation’s child safeguarding policies and processes. All 6 areas must be adequately covered for organisations whose programmes directly or indirectly involve children.

Safeguarding

• does the organisation have a written child safeguarding policy to which all staff and associates, including partners, are required to adhere?
• is the policy clear that all children have equal rights to protection and that some children face particular risks and difficulties in getting help, because of their ethnicity, gender, age, religion, disability or sexual orientation?
• is the definition of a child in the policy any person under the age of 18?
• has the policy been publicised and communicated to children and caregivers, in a child friendly and accessible format for all needs?
• does the policy address safeguarding children from harm through misconduct by staff, volunteers, associates and others, from poor practice, and from its operational activities, including online?
• does the organisation have internal processes to address child protection concerns appropriately? For example, child safeguarding training, communications policy, case management processes, risk assessment, reporting process, and a safeguarding focal point
• has the organisation conducted a mapping exercise of local child protection services and child safeguarding risks? For example, if a serious child protection (safeguarding) issue is reported, does the organisation know when this should be reported to relevant authorities (e.g. police, social welfare)?

Whistleblowing

• do staff and volunteers know how to report a child safeguarding concern?
• are there child-friendly and disability inclusive reporting mechanisms in place with clear step-by-step guidance on how to report safely and where to get help?
• are there child-friendly reporting mechanisms in place with clear step-by-step guidance on how to report safely and where to get help?
• is there a mechanism to report anonymously?
• are staff and volunteers trained in receiving disclosures and allegations from children and able to communicate in a child friendly manner and disability inclusive with children, especially when conducting investigations?
• is there a policy that clearly sets out what to do if allegations of child SEA are raised? (It is important to stress that interviewing child survivors is a task that must be undertaken by trained experts so that children are safe and not re-traumatised)

HR, Recruitment and Selection

• does the organisation designate key people at different levels (including senior level) as “focal points” with defined responsibilities to champion, support and communicate on child safeguarding and for effective operation of the child safeguarding policy?
• do recruitment processes have child safeguarding checks in place? Recruitment adverts, interviews and contracts all outline a commitment to child safeguarding and make clear staff roles and responsibilities regarding child safeguarding, such as mandatory reporting?
• do staff and volunteer induction and training include specific material on safeguarding needs of children, risks, types of abuse and barriers to reporting faced by all children?

Risk Management

• are there specific risks and mitigating controls identified to protect children that come into contact with programme staff, operations and downstream partners?
• does the organisation’s procedures include a case management process, risk assessment tool, risk management guidelines and case management checklist. And are risk management strategies included in design, monitoring and evaluation of programmes?

Code of Conduct

• does the organisation have a Code of Conduct for working with children, including at events, which all staff and associates need to adhere to on taking up employment?

Governance and Accountability

• does the governing body understand where the organisation comes into contact with children and the risks involved; and is there a formal system of reporting to the board to track progress and performance on child safeguarding, including information on cases?
• are children and care givers consulted in the design, development and monitoring of safeguarding measures in an inclusive way? Are beneficiary feedback mechanisms in place and are they tailored towards child-friendly and disability inclusive feedback?

FCDO staff responsibilities on Child Safeguarding

In the UK it is illegal for those in a position of trust to engage in sexual activity with a child under 18 in their care (Sexual Offences Act, 2003). This Act also enshrines extraterritorial powers enabling the UK to prosecute UK nationals who commit sex offences against children overseas, including where the offence is a crime in the UK but not overseas. FCDO expects its staff and all UK partners and individuals involved in the delivery of aid to be fully aware and comply with this legislation. As set out internal policies and standards of conduct we do not tolerate any form of abuse or any actions that might lead to intimidation or violence from others and will take action as needed. Our Standards of Conduct and behaviour are underpinned by the Civil Service Code, Civil Service Management Code and the UN Secretary General’s bulletin on special measures for protection from sexual exploitation and abuse. We are clear that we must hold ourselves to at least the same high standard that we expect of our partners.

FCDO and all HMG staff must be aware of child safeguarding risks throughout their engagement with partners, during site visits, spot checks and when undertaking outreach with schools/colleges or any institution where children are present. FCDO and all HMG staff should use monitoring visits to check on compliance of the answers given during this child safeguarding due diligence process. FCDO has a zero-tolerance approach to any forms of bullying, exploitation, abuse, neglect and harassment of children and expects partners to act immediately upon reports and suspicions that it has occurred.

Information management and communications with children

Organisations must consider carefully the types of information and communications that involve children – both in the course of their programme work and when involved in outreach work. For example, what information is held on children, where is it held and who has access to it? When children are involved in specific events and visits, the communications process could put children at risk of online grooming, stigmatisation, violence and bullying. For example, using a picture of a boy associated with gang violence, or a girl facing gender-based violence, could put them at risk of violence or retaliation, or identifying a child’s location and personal information could allow an abuser to contact them online.

Parental consent must be given before use of images of children in publications and online. Beyond the need for parental consent the potential impact on children of personal images being shared must be considered.

Mitigations measures include:

• images must ensure dignity and respect, and must not show children undressed or in inappropriate poses
• minimize the risk of inappropriate use of information, stories, images of children
• avoid taking identifiable photographs of children who are at risk of stigma, retaliation or abuse such as: children associated with armed groups, child survivors of trafficking, exploitation etc
• evaluate the risk of using images of children with easily identifiable characteristics (e.g. a wheelchair, school uniforms, etc) – which could make them a target
• details attached must not allow a child to be traced to its home / community
• distinctive buildings, street signs, landmarks not included in images
• geotagging must be disabled
• ensure that photographers/journalists/translators are properly vetted, and reference checked
• appropriate permission by children/caregiver that includes informed consent/assent must be given and that they understand the purpose and scope of distribution. Child friendly and disability inclusive procedures for obtaining consent must be included

Safeguarding children in online participation and events

Online work and virtual participation increasingly became necessary in response to Covid-19, and have remained a major channel of communication. Whilst this change often leads to more inclusive participation for children, it also has safeguarding risks. As tech and the internet become more accessible we must implement safeguarding measures to protect children from these dangers. Where we involve children in virtual speaking environments (e.g. events, research) we must ensure it is in a safe, friendly and enabling place for children to participate. The following steps should be considered when FCDO are organising an event, or supporting/funding partners to organise an event, which involves the participation of children online. This guidance should also be applied to in-person events involving children.

Before the activity

• informed consent from the child and the guardian must be obtained to support everyone to understand the session and raise any issues. Basic online literacy information about permanency, privacy and protection should be provided to inform the child and guardian on the dangers of the internet and staying safe online. Personal information that can identify the child should not be shared. Standard practice is first name, name of city and country
• a pre-meeting between the child and the moderators should be held to allow the child to have a virtual walkthrough of the activity. This will allow the child to test the online platform tools including camera and microphone to ensure they feel comfortable and in control. Guidance should be provided to the child on joining virtually from a safe and private location to avoid details being overheard
• no adult should meet a child alone under any circumstances and at least 2 adults should be present in the pre-meeting
• protocols should be devised for the child to signal if they do not feel comfortable during the event. The child should be made aware how to ask for support and that they can leave at any point. There should be 1 adult support person per child
• if the event is being recorded and published online, then the child and guardian must be made aware beforehand that they will have no control over the recording so that they can make informed decisions about engaging. If the recording has not been made public then the child and guardian must also be made aware that it cannot be guaranteed that the recording will not be shared without permission. The child and guardian should anticipate that all persons, without exception, could access the recording as soon as it is online or shared. This should form part of their own personal safety assessment on deciding to participate
• as with any in-person event, the online event must have a risk assessment detailing the risks to child safety which have been identified and how these risks will be managed. We need to consider the risks of ill-intended people who join and shouldn’t be there. Events involving children should be invite-only

During the activity

• all communication should be child friendly with ground rules set by the moderator at the beginning. Any questions to the child should be filtered through a moderator. All attendees should be muted unless they are a designated speaker or using the hand-raising function. Any attendee on camera must be in day-time clothes and in a suitable area
• the waiting room function should be used by the host to admit authorised attendees and password protection must be used. The participant list should be monitored for any attendees outside of the approved list. Screen sharing options should be set to “host only” so that you are in control of the content on screen
• it is good practice to have 1 adult for moderating and 1 adult for safeguarding. This allows the moderator to facilitate participation and a person for safeguarding to monitor the environment for children and a live chat if it is being used. The safeguarding lead will also play back-up to the moderator if there are any IT problems. If a safeguarding concern arises during the call, the activity should be ended, incident must be recorded and responded to in line with the organisation’s safeguarding policies and procedures. The concern should also be reported to Safeguarding Investigations Team (details above), and support should be provided as follow up

After the activity

• children’s participation should not be a one-off activity and follow-up mechanisms should be put in place to speak to the child after the meeting. Organisers need to ensure that children can express their opinions and provide feedback before, during and after the activity. They also need to ensure that children are informed of the results of their participation, and that feedback from participants is monitored

Reporting concerns on Child Safeguarding to FCDO

All child safeguarding concerns relating to FCDO programmes should be reported immediately to the FCDO Safeguarding Investigations Team via the email reportingconcerns@fcdo.gov.uk or through the confidential reporting hot line +44 (0)1355 843 747.

FCDO Safeguarding Investigations Team refer suspected cases of child sexual exploitation by UK nationals or individuals with a claim to UK residency to the National Crime Agency where the offences are alleged to have occurred abroad. When safe and appropriate to do so, FCDO Safeguarding Investigations Team will also ensure such referrals are made to other national jurisdictions. If there is a child survivor or witness, any interviews should be undertaken by specially trained professionals. This process is in addition to an organisation’s own procedures for reporting and conducting investigations.

Further support

In line with all other due diligence assessments this assessment will be undertaken as much as possible in partnership with each organisation. FCDO will provide prospective partners with the opportunity to discuss any areas of the process they are unclear about and to ask for further clarification if required. A draft of the assessment will be shared with the partner on completion.

1. age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation, as well as through the lens of those who may be discriminated against due to their background in any given context. ↩