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Unit 4: Report and respond

4.5 Adopting a ‘survivor-centred approach’

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Mandatory reporting does have its challenges.

For example, how should aid workers balance their duty to report to a Safeguarding Lead if the survivor refuses? Or how does the organisation investigate a safeguarding concern under its ‘zero tolerance’ policy if the survivor wants to stay anonymous? Or if the misconduct committed is a criminal act, such as rape, and the organisation has a legal duty to report the matter to law enforcement, but the survivor refuses?

A ‘survivor-centred approach’ means the rights, needs and wishes of the survivor (or victims) are prioritised. For example, the survivor has a right to:

  • Be treated with dignity and respect instead of being exposed to victim-blaming attitudes.
  • Choose the course of action in dealing with the violence instead of feeling powerless.
  • Privacy and confidentiality instead of exposure.
  • Non-discrimination instead of discrimination based on gender, age, race/ethnicity, ability, sexual orientation, HIV status or any other characteristic.
  • Receive comprehensive information to help them make their own decision instead of being told what to do.

Note: A “survivor-centred approach” is not a “survivor-led approach”. The organisational duty of care goes beyond the survivor as organisations must take into consideration the risk of the Subject of Concern committing misconduct again if they continue to stay employed or associated with the organisation.

This approach helps to promote the survivor’s recovery and their ability to identify and express their needs and wishes, as well as to reinforce their capacity to make decisions about possible interventions (UNICEF, 2010). Organisations must have the resources and tools they need to ensure that such an approach is implemented (Source: UN Women, Survivor-centred approach).

When implementing safeguarding measures, we should ask ourselves this question: ‘Will this action be in the best interest of the survivor and other potential survivors or victims?’ Therefore, it is important for organisations to carry out a risk assessment when discharging their duty of care when safeguarding known survivors, as well as other potential victims, from being harmed. Organisations should carry out an impartial investigation into the alleged misconduct to address the misconduct and eliminate any further risk.

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Activity 4.6 Applying a survivor-centred approach

What is your understanding of a survivor-centred approach? How would you exercise this approach if the survivor was a child or a person with disability?

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Activity 4.7 A SEAH scenario

Apply what you have learnt so far to the SEAH scenario below. How would you as the Safeguarding Lead react in this situation? Make some notes in your learning journal.

You are the Safeguarding Lead for your organisation. You are informed that Tasmin was seriously sexually harassed by another member of staff who has since gone on long-term leave. Tasmin wishes to go to the police so that justice will be served.

The Country Director, however, informs you that in this country there is a high risk that the alleged perpetrator will be violently attacked and even killed while in custody, as suspected sex offenders are known to be assaulted by police and other inmates in prison.

(© Adapted from Global Interagency Security Forum, Scenarios for Senior Leadership)

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Balancing the duty of care

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Hasan, a Human Resources Manager based in Amman, has a question about balancing the duty of care.

Watch the video above to learn more about Hasan’s question and the response he is given.

Mapping of referral services

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Part of a survivor-centred approach is to provide survivors with information that is supportive and easily understood so that they can make informed decisions.

Organisations should map services to manage how they could respond to safeguarding concerns. It is worth being particularly attentive to medical services who provide sexual, reproductive health and psychosocial support services, and to women’s groups who provide safe spaces and/or refuges.

You will also need to consider whether these services have trained personnel to support survivors who are referred to them. Are they accessible for people with disabilities, and might any fees be incurred? This analysis will help you think about who is and who is not able to access each service. You should also consider how local ideas and beliefs about gender might influence access.

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Activity 4.8 Mapping of referral services

Use the table below to map out support services available to survivors of SEAH in the area you or your organisation work. Consider each service and the potential barriers there might be to accessing these services for different kinds of people. Include not just services provided by your own organisation, but also those provided by others operating in the same area.

Remember that it is really important that this list of referral services is updated regularly and is easy for the staff and the people you serve to access quickly.

Here is a writable version of the blank template shown below. You can type into this PDF form and then save it and/or print it. Expand it to list as many services as you are aware of – you could check with colleagues if there are any services other than those you have identified.

As you undertake the activity think about what the challenges might be to accessing services and how they might be overcome.

Mapping of referral services – blank template. The table has six columns and six rows. All the rows are blank. The column headers are 1. Name of service, 2. Service provided, 3. Contact details (Phone, email, address), 4. Whom to contact (Name, position), 5. Other info (Hours open, fees payable), 6. Target group (Women and girls, men and boys, people with disabilities, LBGTQI, other?).

(© Adapted from IASC PSEA Mapping Tool for GBV services)

Mapping legal requirements

It is equally important to ensure you are aware of the legal requirements in the environment in which you work.

After all, ignorance of the law is not a valid defence, and part of exercising our duty of care is ensuring that staff and programmes are up to date on the key legal requirements.

Are you confident in the answers to the following questions? If not, then explore with your colleagues what the legal situation is:

  • What are the legal definitions and understanding of sexual assault or rape in the country you work in?
  • How does a survivor file a complaint and where can this be made?
  • Is there a time limit for sexual assault crimes to be reported?
  • Are there trained legal and other professionals to deal with sexual assault/rape?
  • Does the law protect the identity and dignity of the survivor?
  • Could a prosecution go ahead even when the survivor withdraws from the process?

Response checklist

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It may be helpful to have a response checklist to support you in your role if you are the Safeguarding Lead or Focal Point and you have to manage safeguarding concerns which are reported to you.

Below are examples of a response checklist – split into four time periods. Remember you will need to obtain the survivor’s informed consent before taking some of the steps mentioned.

Here is a writable version of the response checklist. You can type into this PDF form and then save it and/or print it.

Response checklist – blank template. The table has three columns and four rows. The column headers are time, actions/steps, and status. The third column is blank. In the first column there is only one row which says immediate. There are four rows in column two. The first row is Location: Confirm the survivor’s location and situation and ascertain their safety and security. Provide them with options and advice on how they can access a safe and secure location/situation if danger is imminent or if they wish to move. Offer transportation to a safe location. The second row is Referral/Emergency medical care: Find out if the survivor is injured and in need of emergency medical care. Inform them of available medical facilities and the importance of receiving prompt care by competent and sympathetic practitioners. Include a Post-Exposure Prophylaxis (PEP) for HIV for rape/sexual assault which needs to be administered within 72 hours after the incident. Reach out to other referral services as required. Remember to use only known and trusted hospitals or clinics. The third row is Practical assistance: Organise transportation for the survivor if there is a need to travel for medical assessment and care. The fourth row is Who is at risk? Determine whether others are at risk from the current threat (staff as well as external individuals). If so, take immediate action to ensure their safety and security while respecting the confidentiality of the survivor and others affected.

Response checklist – blank template. The table has three columns and twelve rows. The column headers are time, actions/steps, and status. The third column is blank. In the first column there is only one row which says Within 24–48 hours. There are twelve rows in column two. The first row is Assurance: Ensure the survivor knows that the organisation believes their account of what happened and that it is open and willing to support them. Assure the survivor that their needs will be met to the greatest extent possible. The second row is Trigger organisational safeguarding procedures such as informing the safeguarding committee or crisis management group and put into place next steps, including a communications response plan. As part of good governance, the Chair and Safeguarding Board Member should also be informed. The third row is Evidence: Preserve any documentary evidence, e.g., emails, text messages, logbooks etc., which could help with the investigation. The fourth row is Report (internal): Follow the appropriate reporting protocol while maintaining confidentiality and limited information sharing on a need-to-know basis. Inform the survivor of this reporting protocol and discuss concerns before sharing any information. The fifth row is Report (external): Inform the survivor/victim of their right to report to law enforcement if a criminal act has taken place. Note that this should be risk assessed in the best interests of the survivor. The sixth row is Document (internal): Start to keep a confidential log of all communications and decisions for the response process with the survivor’s consent. Complete an incident reporting form. The seventh row is Security: Ensure adequate security, such as by keeping the location confidential to protect the survivor from further harm. The eighth row is Supporter: Find out from the survivor whether or not they wish to have a supporter to accompany them when seeing doctors or whether they wish to report to law enforcement. If they don’t have a person in mind, offer a trained survivor supporter from within the organisation if this is an option, or accompany them yourself. If a police interview is required, ensure that the survivor is supported. The ninth row is Interview: Listen to the survivor’s account of the incident if they are willing to share information. It may be inappropriate to take notes during this initial disclosure, but with the survivor’s consent a written account should be drafted at an appropriate moment and shared with the survivor to check for accuracy. The tenth row is Alleged perpetrator: If the alleged perpetrator or Subject of Complaint is a staff member or associated personnel, take appropriate action according to your organisational policies. Decisions will need to be risk-assessed by senior management and judgements made. If the misconduct is serious and others may be being harmed or at risk of harm, the Subject of Complaint may be suspended pending an internal investigation, and/or moved from the environment where they may pose a risk to the survivor or anyone else. If the alleged perpetrator is from a partner organisation or another aid agency, take appropriate steps to inform the alleged perpetrator’s senior management or Safeguarding Lead so that the organisation can take precautions to protect staff and others from harm. The eleventh row is Suspension: If the alleged perpetrator is a staff member, the organisation may need to suspend them pending the outcome of investigations. The twelfth row is Take legal advice: If the allegations are serious and there is possible breach of the country’s criminal law, take legal advice on possible consequences for the survivor, the alleged perpetrator and the possible outcomes for different avenues.

Response checklist – blank template. The table has three columns and seven rows. The column headers are time, actions/steps, and status. The third column is blank. In the first column there is only one row which says 24–72 hours. There are seven rows in column two. The first row is Insurance: Often under insurance policies, insurers may need to be informed of serious incidents so that survivors/witnesses can access appropriate medical and psychological support and prepare organisations for any possible legal action. The second row is Inform donors and regularity bodies confidentially: Under current donor compliance regulations, organisations must inform them of safeguarding concerns where significant harm has occurred by or on staff or associated personnel, including partner staff. If the organisation is a charity incorporated in the UK, they should inform the Charity Commission of England and Wales (or the Charity Commission of Scotland) using a Serious Incident Report form. The third row is Investigation: If law enforcement has been informed, they may investigate and if there is sufficient evidence, proceed with prosecution. If they decide not to proceed or the incident is not one that needs or can be referred to law enforcement, your organisation should proceed with an internal administrative investigation to determine if there has been a breach to the organisation’s policies and code of conduct. The fourth row is Counselling: Offer the survivor and any other witnesses counselling. If this is not available in that area/region, then offer remote counselling. The fifth row is Support: Provide practical support to the survivor’s family if possible. The sixth row is Communicate: If staff, partners, or other organisations are aware of some of the details of what has happened (with the agreement of the survivor) , provide them with limited information (without identifying details) and assure them that next steps are being taken but do not share what these are, due to confidentiality. Listen and take on board their concerns. The seventh row is Regular check-ins: Put in place a regular check-in schedule with the survivor and/or survivor supporter in order to discuss needs, concerns, and other information.

Response checklist – blank template. The table has three columns and four rows. The column headers are time, actions/steps, and status. The third column is blank. In the first column there is only one row which says Post-incident actions and aftercare. There are four rows in column two. The first row is Plan: Ensure the survivor knows they may be relocated or evacuated for their own safety, depending on their medical, psychological, security and personal needs. Or they may wish to be reintegrated back to work. Plan next steps with them and be flexible. The second row is Review: Conduct a post-incident review with those involved in the response to an incident, in accordance with the survivor’s wishes around confidentiality. The third row is Learn: Learn about the impact the incident has had on individuals, the office, the programmes, and the local community and explore what safeguarding measures need to be put in place to reduce the likelihood of such incidents reoccurring. The fourth row is Implement: Translate lessons learned into concrete actions to inform and improve sexual violence prevention, preparedness, and response activities.

(© Adapted from GISF’s Sexual Violence Response Checklist (Tool 4))