1. About JSH Law

JSH Law Ltd provides non-reserved legal services, litigation support and McKenzie Friend assistance, particularly to litigants in person.

JSH Law Ltd is not a local authority, police service, NHS service, social-care provider, domestic abuse service, counselling service, emergency service or statutory safeguarding authority.

We are also not an SRA-authorised firm of solicitors.

Our role is to support clients within the scope of work agreed with them. Where information raises a safeguarding concern, we may need to consider whether that concern should also be raised with somebody who has statutory or professional responsibility for responding to it.

2. Our safeguarding approach

Safeguarding decisions are fact-sensitive. We aim to respond in a way that is:

• child-focused where a child is involved;
• trauma-informed;
• proportionate to the apparent risk;
• based on the information actually available;
• respectful of confidentiality and privacy;
• aware of domestic abuse and coercive-control dynamics;
• careful not to confuse allegations with established facts;
• consistent with relevant court orders and legal restrictions; and
• directed to the appropriate professional or authority where referral is necessary.

We do not investigate safeguarding allegations or determine whether an allegation is true. Those functions may belong to the court, police, local authority, Cafcass, Cafcass Cymru, health professionals or another appropriate body.

3. Children

The welfare and safety of children are central considerations in family proceedings.

Information supplied to JSH Law may raise concerns about matters such as:

• physical or emotional harm;
• sexual abuse or exploitation;
• neglect;
• domestic abuse;
• controlling or coercive behaviour;
• unsafe contact arrangements;
• exposure to violence or threatening behaviour;
• abduction or threatened removal;
• grooming or exploitation;
• technology-facilitated abuse;
• significant mental-health concerns;
• self-harm or suicidal behaviour;
• unsafe care arrangements; or
• other circumstances suggesting that a child may be at risk of harm.

Where a concern is identified, we will consider its seriousness, immediacy and context and whether somebody with statutory safeguarding responsibility needs to be contacted.

4. England and Wales

Safeguarding arrangements differ between England and Wales.

England

In England, safeguarding children is governed by legislation and statutory guidance including Working Together to Safeguard Children. Local authorities, police, health services and other safeguarding partners have statutory responsibilities for protecting children.

Adult safeguarding responsibilities are principally governed by the Care Act 2014 and associated statutory guidance.

Wales

In Wales, safeguarding arrangements operate under the Social Services and Well-being (Wales) Act 2014, statutory guidance and the Wales Safeguarding Procedures.

The appropriate safeguarding route will therefore depend upon where the person is located, the nature of the concern and which statutory body has responsibility.

5. Domestic abuse and coercive control

Domestic abuse is not limited to physical violence.

Concerns may involve:

• physical or sexual abuse;
• violent or threatening behaviour;
• controlling or coercive behaviour;
• economic abuse;
• psychological or emotional abuse;
• harassment or stalking;
• technology-facilitated abuse;
• monitoring or surveillance;
• isolation;
• post-separation abuse;
• abuse carried out through children or third parties; and
• the use of proceedings or repeated applications as part of a wider abusive pattern.

Where domestic abuse is relevant to private-law children proceedings, the court may also need to consider Practice Direction 12J and the effect of alleged, admitted or proven abuse on the child and on safe arrangements for contact.

JSH Law may help a client organise evidence, prepare a chronology, identify relevant procedural issues or prepare material for the court. We do not make findings of fact about disputed allegations.

6. Adults who may be at risk

Safeguarding concerns may also arise in relation to an adult who is experiencing or at risk of abuse, neglect, exploitation, coercion or undue influence.

Concerns may include:

• physical or sexual abuse;
• domestic abuse;
• financial or economic abuse;
• psychological or emotional abuse;
• neglect or self-neglect;
• exploitation;
• coercion or undue influence;
• discriminatory abuse;
• organisational abuse;
• modern slavery or trafficking;
• significant risk caused by impaired decision-making or vulnerability; or
• another situation in which an adult may be unable to protect themselves from harm.

The precise legal test and safeguarding process differs between England and Wales and will depend upon the individual’s circumstances.

7. What happens if a safeguarding concern comes to our attention

Depending upon the circumstances, we may:

• record the information provided;
• ask limited clarifying questions where necessary;
• consider whether immediate protective action is required;
• encourage the client to contact an appropriate safeguarding body or professional;
• suggest regulated legal advice where appropriate;
• identify whether the issue needs to be raised with the family court;
• consider whether information can or should lawfully be shared with another body;
• pause work while a serious safeguarding issue is addressed; or
• take another reasonable and proportionate step within the scope of our role.

We will not ordinarily attempt to conduct our own safeguarding investigation, question witnesses extensively or determine the truth of disputed allegations.

8. If a child speaks to us directly

JSH Law does not ordinarily provide a service directly to children.

If a child nevertheless communicates information suggesting that they or another person may be at risk, we will seek to respond calmly and appropriately.

We will not promise absolute confidentiality and will avoid asking leading or investigative questions. Where necessary, the information may be recorded accurately and consideration given to whether it should be referred to an appropriate safeguarding professional or agency.

The child’s safety and welfare will be an important consideration in deciding what happens next.

9. Confidentiality and safeguarding

Information provided to JSH Law is treated as confidential within the limits of the law and our contractual obligations.

Confidentiality is not, however, an absolute promise that information can never be disclosed.

In exceptional circumstances, information may need to be shared without consent where there is a lawful basis for doing so and disclosure is necessary and proportionate to the safeguarding purpose.

Relevant circumstances may include:

• an immediate or serious risk of harm;
• risk to a child or adult who may be unable to protect themselves;
• a legal obligation to disclose;
• a court order requiring disclosure;
• the prevention or detection of serious crime;
• protection of vital interests in appropriate circumstances; or
• another lawful safeguarding basis.

Any disclosure should be limited, so far as reasonably possible, to information that is relevant and necessary for the purpose.

10. Consent is not always required

Data-protection law does not mean that safeguarding information can only ever be shared with consent.

Where information sharing is necessary for a legitimate safeguarding purpose, another lawful basis may apply. Sensitive or special-category information may also require an additional statutory condition before it can lawfully be processed or shared.

The appropriate basis will depend upon the circumstances.

Where it is safe and appropriate to do so, we may discuss a proposed referral or disclosure with the client first. We may decide not to do so where seeking agreement could increase risk, frustrate protective action or otherwise be inappropriate.

11. Who information may be shared with

Where lawful, necessary and proportionate, safeguarding information may potentially be shared with an appropriate body or professional, including:

• police;
• local-authority children’s services;
• adult safeguarding services;
• the family court or another court or tribunal;
• Cafcass or Cafcass Cymru;
• a regulated legal representative;
• a GP, hospital or other health professional;
• a school or other education safeguarding professional;
• a specialist domestic-abuse service;
• a mental-health or crisis service; or
• another body with an appropriate safeguarding function.

The recipient will depend upon the nature, location and urgency of the concern.

12. Family proceedings and safeguarding

Where a safeguarding issue is relevant to ongoing family proceedings, it may need to be brought to the attention of the court.

Depending upon the case, that may involve:

• a statement or position statement;
• a C2 or other application;
• a C1A or other relevant form;
• an application for protective relief;
• raising the matter at a hearing;
• contacting Cafcass or Cafcass Cymru where appropriate;
• seeking disclosure or directions;
• asking the court to reconsider interim arrangements; or
• another procedural step appropriate to the case.

The appropriate step depends upon the existing proceedings, the order currently in force, the evidence available, urgency and the relief sought.

JSH Law may assist a litigant in person with preparation and procedural support within the scope of an agreed instruction, but responsibility for filing, service and conduct of the proceedings remains with the litigant unless otherwise lawfully agreed.

13. Allegations are not findings

In litigation support, it is important to distinguish between:

• what somebody alleges;
• what another person admits or disputes;
• what evidence exists;
• what a professional assesses as a risk;
• what a court has formally found; and
• what remains unresolved.

Safeguarding can require precautionary or protective action while facts remain disputed. JSH Law will seek to preserve that distinction in correspondence and documents.

14. Court orders and existing protective measures

Please tell us promptly about any order or restriction relevant to the safeguarding issue, including where applicable:

• a non-molestation order;
• an occupation order;
• a child arrangements order;
• a prohibited steps order;
• a specific issue order;
• a protection from harassment injunction;
• bail conditions;
• restraining orders;
• police protective measures;
• a safeguarding plan;
• reporting restrictions;
• confidentiality restrictions; or
• another order relevant to safety or communication.

JSH Law will not advise a client to breach a court order or other lawful restriction.

15. Family-court confidentiality

Safeguarding material arising in family proceedings can be subject to strict restrictions on disclosure and publication.

This may include:

• Cafcass or Cafcass Cymru material;
• local-authority records;
• medical information;
• school and education records;
• police disclosure;
• expert reports;
• statements;
• transcripts;
• photographs and recordings; and
• other documents prepared for proceedings.

The fact that material may be lawfully disclosed to somebody assisting a party does not mean that it can lawfully be published online or circulated generally.

If an order or other restriction applies to information you provide, please tell us. JSH Law also has its own responsibility to handle material lawfully and will consider the restrictions applicable to information in its possession.

16. Technology-facilitated abuse

Safeguarding concerns increasingly arise through digital technology.

Examples may include:

• location tracking;
• monitoring devices or accounts;
• accessing email or social-media accounts without permission;
• impersonation;
• harassment through messaging platforms;
• image-based abuse;
• distribution of private material;
• covert recording or surveillance;
• control over devices, passwords or communications; and
• using technology to monitor or control a former partner after separation.

If you believe a device or account may be monitored, consider whether it is safe to use that device to seek assistance. Where there is immediate danger, contact emergency services.

17. Capacity, vulnerability and ability to give instructions

Trauma, disability, illness, coercion and litigation pressure can affect how somebody is able to engage with a case.

Where necessary, JSH Law may consider adjustments such as:

• clearer written explanations;
• shorter meetings;
• breaks;
• structured questions;
• providing information in stages;
• allowing an appropriate supporter to attend with consent; or
• using another reasonable communication method.

If there is a genuine concern about capacity, coercion, undue influence or the person’s ability to give safe and informed instructions, we may pause work and suggest appropriate independent professional assistance.

We will not assume that somebody lacks capacity simply because they are distressed, disabled, traumatised or making a decision others disagree with.

18. Unsafe or unlawful instructions

JSH Law will not assist with conduct intended to:

• breach a court order;
• harass or intimidate another person;
• fabricate or manipulate evidence;
• mislead the court;
• conceal relevant information dishonestly;
• publish restricted family-court material unlawfully;
• circumvent protective arrangements;
• facilitate stalking or coercive control; or
• place a child or another person at avoidable risk.

We may decline or stop work where continuing would be unsafe, improper or unlawful.

19. Safeguarding records

Where a material safeguarding concern arises, JSH Law may keep a factual record of:

• what information was received;
• when it was received;
• the source of the information;
• the risk identified;
• any advice or signposting given;
• any decision to disclose or not disclose information;
• the reason for that decision;
• any referral made; and
• any follow-up action relevant to our involvement.

Safeguarding records may contain highly sensitive personal information and will be processed in accordance with our Privacy Policy and applicable data-protection law.

20. Data protection

Safeguarding information may contain children’s data, health information, special-category data, criminal-offence information and information concerning third parties.

JSH Law will consider the lawful basis for processing or sharing that information and, where required, an additional statutory condition applying to special-category or criminal-offence information.

Information should not be retained or shared merely because it may be useful at some future point. We aim to use and retain information only where there is an identified purpose and lawful basis for doing so.

Please see our Privacy Policy for further information.

21. Artificial intelligence and safeguarding material

Safeguarding judgment remains a human responsibility.

AI-assisted tools may support administrative or analytical work where appropriate, but JSH Law will not rely upon an AI system alone to determine whether:

• an allegation is true;
• a child is at risk;
• an adult requires safeguarding intervention;
• information should be disclosed to an authority; or
• a particular legal or protective step should be taken.

Particularly sensitive safeguarding material should only be processed through a technology service where its use is appropriate for the purpose and relevant privacy and security considerations have been addressed.

22. Client responsibility

JSH Law’s involvement does not replace your responsibility to take immediate protective action where circumstances require it.

If you are a litigant in person, you remain responsible for complying with court orders and deadlines and for bringing relevant safeguarding information before the court or appropriate professional unless JSH Law has expressly agreed to assist with a particular task.

If circumstances change materially, including a new threat, police involvement, injury, disclosure by a child or new court order, please do not assume that advice or preparation based on earlier information remains sufficient.

23. Complaints about safeguarding

If you believe JSH Law has handled a safeguarding concern improperly, you may raise the issue under our Complaints Procedure.

A complaint to JSH Law should not delay an urgent safeguarding referral or emergency response.

Concerns about the way personal information has been handled may also engage the rights described in our Privacy Policy.

24. Important external safeguarding resources

Which service is appropriate depends on the circumstances and where the person lives. Useful authoritative starting points include:

• GOV.UK – Working Together to Safeguard Children
• GOV.UK – Report child abuse
• Wales Safeguarding Procedures
• Welsh Government – Safeguarding guidance
• Cafcass
• Cafcass Cymru

For immediate danger, always use the emergency services rather than relying on an online resource.

Related JSH Law documents

• Terms of Service
• Privacy Policy
• Disclaimer
• Complaints Procedure

Client work is also governed by the applicable JSH Law Client Agreement and Terms of Business and any matter-specific Task Confirmation.