Safeguarding Policy

The firm follows all relevant guidance issued by applicable regulatory bodies relating to safeguarding;

Our clients,
Any people attending mediation, and,
Any children related to a. and b. above.

Our work covers two types of situations: legal advice work in a family law context and mediation work. Our legal advice work is covered by the SRA Standards and Regulations, and our mediation work is covered by the FMC code of conduct.

Safeguarding issues may arise in both types of work. Our response may differ depending on what type of work the firm is delivering, as the SRA and FMC regulations may not be completely aligned.

Safeguarding scenarios may arise in the following situations:

Family Law legal advice work:

Family Lawyer – a client might make a disclosure to a family lawyer during the case.
Family Lawyer – some clients bring a friend with them for moral support – that person may make a disclosure to the family lawyer that the client does not feel able to make (by phone or other communication after the meeting they have attended with the client).
Family Lawyer – there is no specific disclosure by a client, but the family lawyer believes that there are elements of the case that might amount to domestic violence/abuse/coercive control of your client by the other party (ie. the family lawyer notices some red flags).

Mediation work:

4. Family Mediator – during a mediation case the mediator believes that there is violence/abuse/coercive control taking place, but no specific disclosure is made to the mediator by either party.
5. Family Mediator – during a mediation case, one of the parties to mediation makes a disclosure to the mediator.

Child Inclusive Mediation work:

Child Inclusive Family Mediator – during a meeting with the children, a child makes a disclosure to a child inclusive family mediator.
Child Inclusive Mediator – during a meeting (either jointly or separately) with parents (when the CIM mediator is not the main mediator but working just with the children) when discussing CIM/feedback – no specific disclosure is made to the CIM by either parent, but CIM notices red flags.
Child Inclusive Mediator – where CIM mediator is not the main mediator but working just with the children – one of the parents makes a disclosure to the CIM (which they may not have made to the main mediator).

Hybrid Mediation work:

Hybrid mediator – during a mediation case where clients are accompanied by third parties for support – that third party makes a disclosure or expresses a safeguarding concern on behalf of the client who does not feel able to do so themselves.

We have appointed Hazel Manktelow [email protected] as the firm’s Safeguarding Lead and Alice Scambler and Sarah-Jane Riddell as the safeguarding Deputies. The Safeguarding Lead and Deputy maintain up-to-date knowledge of all relevant safeguarding guidance published by the SRA and the FMC. The Safeguarding Lead and Deputy also maintain knowledge of how to make a safeguarding report to a local authority. Procedures differ between each local authority and may be amended by them from time to time. Maintaining up-to-date knowledge ensures that the Safeguarding Lead and Deputy have the skills to ascertain promptly whether action is required, what action is required and how to act in any safeguarding situation. The Safeguarding Lead maintains records of all safeguarding issues reported at the firm. The Safeguarding Lead also maintains up-to-date awareness of all current best practice guidance (e.g., the Resolution publication dated September 2024 ‘Good Practice Guide to Safeguarding Children and Young People’).

If any fee earner or other member of staff has a safeguarding concern, they should report this to the Safeguarding Lead promptly or in their absence to the Deputy. The Safeguarding Lead will assess the matter and provide guidance and support to the fee earner or other member of staff. The aim is to respond appropriately to any safeguarding concern, and to ensure that all responses are in accordance with the SRA Standards and Regulations (for legal work) and the FMC code of conduct (for mediation work https://www.familymediationcouncil.org.uk/safeguarding-policies-and-procedures-for-family-mediators/).

Issues of confidentiality are important. All fee earners and staff should follow the appropriate rules of confidentiality. The Safeguarding Lead and Deputy will provide support in navigating rules around confidentiality to ensure a consistent and compliant approach. Rules and recommended practice relating to confidentiality issues can be complex, so the Safeguarding Lead and Deputy will provide assistance where required.

In mediation work, the firm’s aim is to protect mediation clients and their children from harm and damage through the family mediation process.

All our accredited child-inclusive mediators have undertaken and will maintain enhanced DBS checks.

In our family legal advice work, the firm aims to follow the SRA 7 Principles and the code(s) of conduct. This includes upholding all applicable ethical standards and guidance published by the SRA https://www.sra.org.uk/solicitors/standards-regulations/principles/