Introduction

The Lady Helen Child Health Foundation (LHCHF) is committed to delivering its programmes with the highest standards of safety, professionalism, accountability, and ethical conduct. In carrying out its humanitarian and child-focused activities, LHCHF recognizes its legal and moral responsibility to exercise a duty of care towards all children, beneficiaries, volunteers, staff, partners, visitors, and members of the public who may be affected by its operations.

The Foundation also recognizes that it may, under certain circumstances, be held vicariously liable for the acts or omissions of persons acting on its behalf where those acts occur in the course of authorized duties or activities. Accordingly, LHCHF is committed to implementing robust governance systems, safeguarding measures, supervision, and risk management practices to prevent harm and minimize legal exposure.

These Guidelines establish the principles, responsibilities, and standards required to ensure that all LHCHF representatives understand and fulfil their duty of care while reducing the risk of negligence, misconduct, and organizational liability.

Purpose

The purpose of these Guidelines is to:

• Promote a culture of safety, responsibility, and accountability throughout LHCHF.
• Clarify the duty of care owed by LHCHF and its representatives to children, beneficiaries, volunteers, staff, and the public.
• Reduce the risk of harm arising from negligence, misconduct, or unsafe practices.
• Minimize organizational exposure to vicarious liability through effective governance and supervision.
• Provide guidance on managing foreseeable risks associated with LHCHF programmes and activities.
• Support compliance with applicable laws, regulations, and recognized standards of good governance.

Objectives

These Guidelines seek to:

1. Define the principles of duty of care and vicarious liability within LHCHF.
2. Promote safe planning, implementation, and supervision of all programmes and activities.
3. Ensure all representatives understand their legal and professional responsibilities.
4. Strengthen organizational systems for risk assessment and risk management.
5. Reduce preventable accidents, injuries, safeguarding failures, and operational incidents.
6. Promote accountability for decisions, actions, and omissions.
7. Protect the reputation, integrity, and sustainability of LHCHF.

Scope

These Guidelines apply to:

• Members of the Board of Trustees.
• Management
• Employees
• Volunteers
• Interns
• Consultants
• Contractors
• Researchers
• Students on placement.
• Implementing partners.
• Service providers.
• Visitors participating in LHCHF activities.

The Guidelines apply to all LHCHF programmes, outreach activities, training events, meetings, hospital visits, care home visits, research activities, community engagements, digital activities, and any other official function conducted on behalf of the Foundation.

Expected Outcomes

Implementation of these Guidelines is expected to result in:

• Safer environments for children, beneficiaries, and personnel.
• Improved risk management practices.
• Better supervision and accountability.
• Reduced organizational exposure to legal liability.
• Increased compliance with safeguarding and operational policies.
• Enhanced public confidence in LHCHF’s governance systems.
• Consistent and responsible decision-making across all programmes.

Key Guiding Principles

LHCHF shall be guided by the following principles:

• Duty of Care
• Best Interests of the Child
• Prevention of Harm
• Accountability
• Professional Competence
• Reasonable Care
• Risk Management
• Transparency
• Compliance with the Law
• Ethical Conduct
• Continuous Learning and Improvement

Understanding Duty of Care

Duty of care is the legal and ethical obligation to take reasonable steps to protect individuals from foreseeable harm while participating in LHCHF activities.

Every person acting on behalf of LHCHF shall exercise reasonable care in planning, organizing, supervising, and implementing activities to minimize risks to children, beneficiaries, colleagues, and the public.

Duty of care requires representatives to:

• Identify foreseeable risks.
• Take appropriate preventive measures.
• Act within their competence and authority.
• Follow organizational policies and procedures.
• Seek assistance where necessary.
• Report hazards, incidents, and concerns promptly.

Understanding Vicarious Liability

Vicarious liability refers to the legal responsibility that may arise where LHCHF is held accountable for the negligent, wrongful, or unlawful acts or omissions of its representatives committed during the course of authorized duties or activities.

To reduce this risk, LHCHF shall:

• Recruit suitable personnel and volunteers.
• Conduct appropriate screening and reference checks where applicable.
• Provide induction and mandatory training.
• Maintain effective supervision.
• Implement safeguarding measures.
• Monitor compliance with organizational policies.
• Investigate incidents promptly.
• Take appropriate corrective and disciplinary action where required.

Organizational Duty of Care

LHCHF shall:

• Maintain safe working and programme environments.
• Develop and implement appropriate policies and procedures.
• Provide safeguarding guidance and training.
• Conduct risk assessments before activities.
• Ensure adequate supervision.
• Respond appropriately to incidents and emergencies.
• Maintain appropriate insurance where applicable.
• Promote continuous quality improvement.

Responsibilities of Representatives

Every person acting on behalf of LHCHF shall:

• Exercise reasonable care in all activities.
• Follow approved policies, procedures, and instructions.
• Work within assigned roles and competence.
• Report hazards, incidents, and near misses.
• Protect children and vulnerable persons from harm.
• Respect confidentiality.
• Cooperate with investigations.
• Participate in mandatory training.

Risk Assessment and Risk Management

Before undertaking any programme or activity, appropriate consideration shall be given to:

• Child safeguarding risks.
• Health and safety risks.
• Environmental hazards.
• Transportation risks.
• Security concerns.
• Medical emergencies.
• Accessibility and inclusion.
• Reputational risks.

Reasonable measures shall be implemented to eliminate or minimize identified risks.

Supervision and Accountability

Appropriate supervision shall be maintained during all LHCHF activities.

Supervisors shall:

• Ensure representatives understand their responsibilities.
• Monitor compliance with organizational policies.
• Provide guidance and support.
• Address unsafe practices immediately.
• Report significant incidents to management.

Incident Reporting

All accidents, injuries, safeguarding concerns, security incidents, near misses, or other significant events occurring during LHCHF activities shall be reported promptly through established reporting procedures.

Incident reporting enables timely response, learning, and continuous improvement and shall not be viewed as punitive when undertaken in good faith.

Training and Competence

LHCHF shall provide appropriate induction and ongoing training to ensure that representatives understand:

• Duty of care obligations.
• Child safeguarding.
• Health and safety.
• Emergency procedures.
• Risk management.
• Professional conduct.
• Incident reporting requirements.

Representatives shall only undertake responsibilities for which they have received appropriate instruction or supervision.

Non-Compliance

Failure to comply with these Guidelines may result in:

• Corrective action.
• Additional supervision or training.
• Suspension from programme activities.
• Termination of employment, volunteer engagement, or partnership.
• Referral to the appropriate authorities where required by law.

Where negligent or intentional misconduct causes harm, the individual may also be personally accountable under applicable laws, in addition to any organizational liability.

Monitoring and Review

LHCHF shall periodically monitor compliance with these Guidelines through supervision, programme reviews, incident analysis, audits, and continuous learning. Lessons identified shall inform improvements to organizational policies, procedures, and training programmes.

References

These Guidelines shall be read alongside:

• LHCHF Child Rights Guidelines
• LHCHF Child Protection and Safeguarding Guidelines
• LHCHF Volunteer Standard Operating Procedures (SOP)
• LHCHF Risk Management Framework
• Child Rights Act, 2003 (and applicable State Child Rights Laws)
• Labour Act of Nigeria (where applicable)
• Relevant Nigerian common law principles relating to negligence and vicarious liability

Approval and Authorization

These LHCHF Vicarious Liability and Duty of Care Guidelines are hereby approved and adopted as an official governance document of the Lady Helen Child Health Foundation (LHCHF). The Guidelines shall be implemented across all LHCHF programmes, projects, and activities involving children and shall be binding on all Board Members, staff, volunteers, interns, consultants, contractors, partners, and other persons acting on behalf of the Foundation.

This document shall remain in force until amended or replaced by a subsequent approved version.

Developed By

Administration & Corporate Services Directorate
Lady Helen Child Health Foundation (LHCHF)

10^th July 2026

Under the supervision of:

Dr. Francisca Odeka B.Sc. Mass Comm., M.sc. Mass Comm., and Ph.D.  Social Policy (Glasgow)
Operational Director Lady Helen Child Health Foundation

Approved By

Dr. Benjamin Odeka, MB DCH MA (Law) FRCP (London) FRCPCH
Chief Executive Officer (CEO)
Lady Helen Child Health Foundation (LHCHF)

Level 3 & 4 certification on Safeguarding Children

Signature: 

Date: _________24^th July 2026______

Document Control

Version: 1.0

Effective Date: ____24^th July 2026____

Review Date: _________________________

Next Scheduled Review: Every year or earlier where required by changes in legislation, organizational policy, or safeguarding best practice.

Document Custodian: Administration & Corporate Services Directorate

Approved by Resolution of: Lady Helen Child Health Foundation Management