Contractor safeguarding guidance

Incorporating safeguarding children, young people and vulnerable adults into procurement practice and contractual requirements

Risk based approach

We have  duty to safeguard children, young people and vulnerable adults. This extends to parties that carry out services on our behalf.

Contractual agreements- including service agreements, grant agreements give us the opportunity to state their expectations and place obligations on the contractor/service provider about how we expect them to act around their safeguarding obligations.

Procurement practice recognises the need to ensure forced labour is not inadvertently procured and the requirements of the Modern Day Slavery Act are adhered to. We operate  system of templates for contracts and agreements which have been revised to include clauses relating to Modern Day Slavery.

Rather than applying ‘catch all’ clause to all agreements, which in many cases would not be relevant to the service being provided, it is instead recommended that we adopt risk based approach. Depending on the level of risk, we can include safeguarding clauses relevant to the service.

Requirements 

The conditions placed within the contract should provide meaningful controls proportionate to the level of risk. Where controls need to be applied, they should require the contractor/service provider to take positive action (such as, provide safeguarding training to their staff) rather than passive action (for example, provide copy of their safeguarding policy).

Our safeguarding policy states that “all external organisations and contractors providing services to the council are required to comply with the council’ Safeguarding Policy as minimum standard (this document can be made available as generic version which excludes individual names). Where relevant, the contractor/service provider should have their own safeguarding policy and procedures in place.” In addition, contractors/service providers should ensure that Modern Day Slavery awareness training is given to their staff.

Where contractor/service provider outsources any part of the service being supplied to third party, the third party is required to have adequate safeguarding procedures in place.

Level 1:

Services where the council directly contracts third party to deliver services directly to children, young people and/or vulnerable adults.

Inclusion of the following requirements: -

1. The contractor/service provider will create and maintain risk assessment of their operation in terms of the requirement to safeguard children, young people and/or vulnerable adults.
2. The contractor/service provider is required to appropriately assess the level of responsibility and contact their staff will have with children and vulnerable adults and undertake DBS checks at the highest level. All staff need to be given appropriate training according to access and risk.
3. We should ask for confirmation that training is completed and details of scheduled refresher training provided. Regular contract monitoring meetings with the contractor/service provider should incorporate information exchange about safeguarding concerns or incidents.
4. The &HDC client officer for the agreement will act as confidential point of contact for the contractor/service provider to provide us with summary of safeguarding concerns that the contractor/service provider has had to manage.

Level 2: 

Services where we contracts third party to deliver services to the public generally, but in the process is likely to come into regular contact with children, young people and/or vulnerable adults.

 Inclusion of the following requirements: -

1. The contractor/service provider will create and maintain risk assessment of their operation in term of the requirement to safeguard children, young people and/or vulnerable adults.
2. The contractor/service provider is required to appropriately assess the level of responsibility and contact their staff will have with children and vulnerable adults and undertake checks at the highest level. All staff need to be given appropriate training according to access and risk.
3. The &HDC client officer for the agreement will act as confidential point of contact for the contractor/service provider to provide the council with summary of safeguarding concerns that the contractor/service provider has had to manage.

Level 3:

Services where there is no contact with children, young people or vulnerable adults, or where contact is indirect, peripheral and in public space or environment.