Child Protection and Welfare Policy 2022-2025
National LGBT rights organization LGL The National lesbian, gay, bisexual and transgender (LGBT) human rights organization LGL is the only non-governmental organization in Lithuania exclusively dedicated to representing the interests of the local LGBT community. Having begun operations on December 3rd, 1993, LGL is one of the most mature and stable organizations in the country‘s civil sector. The fundamental principle behind the organization‘s activities is independence from any political or financial interests whilst striving for effective inclusion and social integration of the LGBT community in Lithuania. LGL seeks to achieve consistent LGBT human rights progress, drawing on its twenty years of experience in advocacy, awareness-raising and community building. LGL‘s staff currently consists of 5 community Board Members, 10 permanent staff members, as well as over 20 volunteers both in Lithuania and abroad. Our team is enthusiastic, dynamic, ever-changing and open to new members, ideas and projects. It is important to emphasize that not only gay individuals are involved in the organization – in addition to the LGBT community, we are proud of our friends and allies who consider LGBT rights part of the issue of democratic and effective protection of human rights for all citizens of the Republic of Lithuania without exception. LGL‘s office is located in Vilnius, Pylimo str. 21. Here, the LGL team administers and implements projects, organizes meetings, and regularly invites the LGBT community and its allies to various events. LGL‘s office contains the only LGBT centre in Lithuania with a library of literature related to the organization‘s activities, where visitors can enjoy free wi-fi and a cup of coffee or tea. The LGBT centre is open to all well-wishing visitors who want to learn more about the organization‘s activities and the LGBT human rights situation in Lithuania. LGL is a member of the National Equality and Diversity Forum (NEDF) and the Coalition of Human rights organizations. LGL also answers to international organizations ILGA (The International Lesbian and Gay Association), IGLYO (The International Lesbian, Gay, Bisexual, Transgender, Queer Youth and Student Organization), EPOA (The European Pride Organisers Association) and TGEU (The European Transgender Network). We believe that we can most effectively pursue our goals by seeing LGBT rights as part of a broader human rights discourse, and by actively supporting various initiatives both at the national and international level.
Vision, mission and values Vision A society free from discrimination based on sexual orientation and gender identity; a society in which human rights are respected, and freedom and equality prevail. Mission LGL is dedicated to fighting homophobia and all forms of discrimination based on sexual orientation and gender identity. Values
The following values reflect how the organization and its representatives work and behave in the pursuit of established aims: • • • • • • •
Respect Democracy Solidarity Competence Teamwork Community Independence
Child Protection & Welfare Policy Statement It is the policy of LGL that all children and service users are safeguarded in all aspects to their participation with us. We are committed to providing a safe space in which they are encouraged, enabled and entrusted to grow confidently and free from all forms of abuse. We are equally committed to resourcing and providing our staff and volunteers who work directly with young people to be confidently capable of responding to child protection concerns in line with our policy and procedures. This includes clear pathways for reporting allegations and concerns as well as the development of safe working practices with young people.
Key Principles for best practice in Child Protection The Law on Fundamentals of Protection of the Rights of the Child of the Republic of Lithuania outlines a number of key principles of child protection and welfare which LGL endeavours to uphold at all times. These are as follows: • •
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Legal interests of the child must always and everywhere be given priority consideration. A child shall have the right to avail himself of all the child rights and freedoms established by the Constitution of the Republic of Lithuania, this Law and other laws and legal acts. Every child shall enjoy equal rights with other children and cannot be discriminated against for reasons of his parents' or other legal child representatives' gender, age, nationality, race, language, religion, convictions, social, monetary and family position, state of health or any other circumstances. Every child shall be given an opportunity to be healthy and develop normally physically and mentally, prior to his birth as much as afterwards, and upon birth, a child must be guaranteed an opportunity to also, develop morally and to participate in life within society. Transactions drawn up in violation of the rights of a child (leaving child without a home, minimal means of subsistence, care, guardianship), other acts that shall limit or otherwise restrict a child's personal, property and other rights and freedoms, shall be considered invalid.
We recognise our duty of care to young people in our service and that the implementation of this policy will only be effective where we ensure the following: • •
The best practice in the recruitment of staff or volunteers, taking up of references, interviewing and ongoing supervision and management. That staff members or volunteers are aware of how to recognise signs of child abuse or neglect.
Laws and Other Legal Acts Establishing the Child's Rights and their Protection The Constitution of the Republic of Lithuania, the Law on Fundamentals of Protection of the Rights of the Child of the Republic of Lithuania and other laws and legal acts establish child rights and freedoms and the protection thereof.
What Constitutes reasonable grounds for a child protection or welfare concern? • • • • • •
Evidence, for example an injury or behaviour, that is consistent with abuse and is unlikely to have been caused in any other way. Any concern about possible sexual abuse. Consistent signs that a child is suffering from emotional or physical neglect. A child saying or indicating by other means that he/she has been abused. Admission or indication by an adult or a child of an alleged abuse they committed. An account from a person who saw the child being abused.
Dealing with a Suspicion of Child Abuse In situations where a suspicion/concern may be deemed vague i.e. where there is no specific allegation but there is some concern based on the emotional behaviour and/or physical presentation or behaviour of the child, then staff/volunteers should consult the Executive Director for advice. The Executive Director will assess whether or not a report is warranted and will seek the adequate advice if required.
Referral Procedures and Reporting When making a report LGL staff members and any individual within the organisation needs to take the following into consideration. ➢ That the protection and safety of the child should be considered paramount. ➢ Reports should be made without delay following agreed procedures. ➢ The principle of natural justice should apply, which means that a person is innocent until proven otherwise. ➢ The principle of confidentiality should apply, whereby only those that need to know should be told of a suspicion/allegation/disclosure of abuse and the number of people that need to be kept informed should be kept to a minimum.
Family or Carers Parents or carers of any young person deemed to be at risk should be treated with respect. For this reason, families should be informed by an appropriate person if a report about them is submitted to respective institutions, unless doing so is likely to endanger the child, undermine an investigation or place the reporter at risk of harm from the family. LGL will carry this out in a considered and respectful manner.
Dealing with a Disclosure A young person may disclose abuse to any member of staff/volunteer at any time during their work with them. It is important that all staff and volunteers are aware and prepared for this. Suggested Guidelines: • • • • • • • • •
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Be as calm and natural as possible. Remember that you have been approached because you are trusted and possibly liked. Do not panic. Be aware that disclosures can be very difficult for the young person. Remember, the young person may initially be testing your reactions and may only fully open up over a period of time. Listen to what the young person has to say. Give them the time and opportunity to tell as much as they are able and wish to. Do not pressurise the young person. Allow him or her to disclose at their own pace and in their own language. Conceal any signs of disgust, anger or disbelief. Accept what the young person has to say – false disclosures are very rare. It is important to differentiate between the person who carried out the abuse and the act of abuse itself. The young person quite possibly may love or strongly like the alleged abuser while also disliking what was done to them. It is important therefore to avoid expressing any judgement on, or anger towards, the alleged perpetrator while talking with the child. It may be necessary to reassure the young person that your feelings towards him or her have not been affected in a negative way as a result of what they have disclosed. Questions should be supportive and for the purpose of clarification only. Avoid leading questions, such as asking whether a specific person carried out the abuse. Also, avoid asking about intimate details or suggesting that something else may have happened other than what you have been told. Such questions and suggestions could complicate the official investigation. At the earliest possible opportunity, record in writing what the young person has said, including as far as possible, the exact words used by him/her. Record the facts only and avoid opinion or supposition. Report to the Executive Director as soon as possible and pass on your written report. Maintain appropriate confidentiality.
Ongoing Support Following a disclosure by a child, it is important that staff/volunteers continue in a supportive relationship with the young person. Disclosure is a huge step for many young people and support should be continued through: • • •
Maintaining a positive relationship with the young person. Keeping lines of communication open by listening to the young person. Continuing to include the young person in the usual activities.
Confidentiality LGL staff and volunteers should never promise to keep a secret of any information regarding child abuse that is disclosed. If a young person or concerned adult discloses information to LGL staff member or volunteer, they should: ✓ Acknowledge that they have come to you because they trust you. ✓ Tell the person that you will be sharing this information only with people who understand this area and who can help (and on a need to know basis). There are secrets, which are not helpful and should not be kept because they make matters worse. Such secrets hide things that need to be known if people are to be helped and protected from further ongoing hurt. By refusing to make a commitment to secrecy to the young person, you do run the risk that they may not tell you everything (or, indeed, anything) there and then. However, it is better to do this than to tell a lie and ruin the young person’s confidence in yet another adult. By being honest, it is more likely that the young person will return to you at another time. ✓ Maintain appropriate confidentiality.
Recording and Retention of Information All disclosures, allegations or reported incidents of child abuse within LGL should be recorded in a factual and accurate manner. Where a young person makes a disclosure, the report should be written in the words that are close as possible to the child’s own words. Volunteers and staff should be careful about not giving their own interpretation of what the young person said. All LGL record will be stored in a safe and secure location. LGL should be mindful of the data protection. Access to these records will only be through the designated person. Documents cannot be amended. All new developments in the case will require additional recordings to be completed to accompany the existing documents. These documents belong to LGL and not to the person who made the report. It is important for all LGL volunteers/employees to be aware that when an individual makes a report to the statutory authorities, it is possible that he/she may be called to give evidence should legal action be taken. It is therefore important to record details of disclosure and any other relevant information that may have been heard and seen.
Allegations against a Staff Member or a Volunteer
If an allegation is made against a staff member or a volunteer, two separate procedures will be followed: 1. The reporting procedure in respect of the child 2. The procedure for dealing with the staff member or volunteer When the Executive Director becomes aware of an allegation of abuse of a child or children by a member of staff or a volunteer, if appropriate, they will privately inform that person of the following: ✓ The fact that an allegation has been made against them. ✓ The nature of the allegation. When an allegation of abuse is received, it should be assessed promptly and carefully by the Executive Director. Action taken in reporting an allegation of child abuse against an employee should be based on an opinion formed ‘reasonably and in good faith’. The first priority is to ensure that no child is exposed to unnecessary risk. The Executive Director will, as a matter of urgency take any necessary protective measures. These measures should be proportionate to the level of risk and should not unreasonably penalise the employee, unless necessary to protect children. Pending the outcome of any possible investigation by respective authorities, the staff member/volunteer may: • Be re-assigned to duties that do not involve contact or access to children/young people, depending on the nature of the allegation. • Be suspended. Any action taken will be guided by the below agreed procedures, the applicable employment contract and the rules of natural justice. Should the allegation be in relation to the Executive Director, the Board Member shall take on responsibility of making decisions as laid out in this policy. The first priority will be to ensure that no child is exposed to unnecessary risk and as such any necessary protective measures will be taken e.g. suspension of the staff member/volunteer. These measures will be proportionate to the level of risk and will not unreasonably penalise the worker financially or otherwise, unless necessary to protect children.
Peer Abuse In some cases of child abuse, the alleged perpetrator will be another young person. In a situation where child abuse is alleged to have been carried out by another young person, the child protection procedures should be adhered to for both the victim and the alleged abuser – i.e. it should be considered a child care and protection issue for both young people.
Abusive behaviour that is perpetrated by young people must be acted upon. If there is any conflict of interest between the welfare of the alleged abuser and the victim, the victim’s welfare is of paramount importance. As in all cases of child abuse, it is essential to respond to the needs of children who are abused by their peers. Each individual case will require its own unique intervention.
Recruitment procedures • • • •
LGL follows a thorough recruitment process for both employees and volunteers. Volunteers and employees are interviewed by a minimum of two people. References are checked for volunteers and employees and written references kept on file by LGL. Volunteers and employees in LGL receive regular support and supervision.
Child Abuse Child abuse can be categorised into four different types: emotional abuse, sexual abuse, physical abuse and neglect. A child may be subjected to one or more forms of abuse at any given time. This chapter outlines these principle types of abuse and offers guidance on how to recognise each of them. Neglect Neglect occurs when a child does not receive adequate care or supervision to the extent that the child is harmed physically or developmentally. It is generally defined in terms of an omission of care, where a child’s health, development or welfare is impaired by being deprived of food, clothing, warmth, hygiene, medical care, intellectual stimulation or supervision and safety. Emotional neglect may lead to the child having attachment difficulties. The extent of the damage to the child’s health, development or welfare is influenced by a range of factors. These factors include the extent, if any, of positive influence in the child’s life as well as the age of the child and the frequency and consistency of neglect. Neglect is associated with poverty but not necessarily caused by it. It is strongly linked to parental substance misuse, domestic violence, and parental mental illness and disability. A reasonable concern for the child’s welfare would exist when neglect becomes typical of the relationship between the child and the parent or carer. Emotional Abuse Emotional abuse is the systematic emotional or psychological ill-treatment of a child as part of the overall relationship between a caregiver and a child. Once off and occasional difficulties between a parent/carer and child are not considered emotional abuse. Abuse occurs when a child’s basic need for attention, affection, approval, consistency and security are not met, due to incapacity or indifference from their parent or caregiver. Emotional abuse can also occur when adults responsible for taking care of children are unaware of an unable (for a range of reasons) to meet their children’s emotional and developmental needs.
Physical Abuse Physical abuse is when someone deliberately hurts a child physically or puts them at risk of being physically hurt. It may occur as a single incident, or as a pattern of incidents. A reasonable concern exists where the child’s health and/or development is, may be, or has been damaged as a result of suspected physical abuse. Sexual Abuse Sexual Abuse occurs when a child is used by another person for his or her gratification or arousal or for that of others. It includes the child being involved in sexual acts (masturbation, fondling, oral or penetrative sex) or exposing the child to sexual activity directly or through pornography. Circumstances which make children more vulnerable to harm If you are dealing with children, you need to be alert to the possibility that a welfare or protection concern may arise in relation to children you come in contact with. A child needs to have someone they can trust in order to feel able to disclose abuse they may be experiencing. They need to know that they will be believed and will get the help they need. Without these things, they may be vulnerable to continuing abuse. Some children may be more vulnerable to abuse than others. Also, there may be particular times or circumstances when a child may be more vulnerable to abuse in their lives. In particular, children with disabilities, children with communication difficulties, children in care or living away from home, or children with a parent or parents with problems in their own lives may be more susceptible to harm.
This policy has been reviewed by LGL Board and is recommended for approval by:
Vladimir Simonko Executive Director 03/01/2022