Safeguarding Policy: 08.07.21
Purpose and Scope
This policy applies to all staff, including senior managers and the board of trustees, paid staff, volunteers and sessional workers, agency staff, students or anyone working on behalf of IVE. The purpose of this policy:
• To protect children, young people and adults at risk who receive IVE’s services. This includes
the children of adults who use our services.
• To provide staff and volunteers with the overarching principles that guide our approach to safeguarding and child protection.
IVE believes that a child, young person or adult at risk should never experience abuse of any kind.
• A child or young person is anyone under the age of 18
• An adult at risk (previously known in the past as ‘vulnerable adult’), is an adult who has care and support needs’, which may include people:
-who are older
-with a physical or learning disability or a sensory impairment,
-with mental health needs, including dementia or a personality disorder,
-with a long-term health condition, who misuses substances or alcohol to the extent that it affects their ability to manage day-to-day
-who are carers, providing unpaid care to a family member or friend.
The definition of adults which local Safeguarding Partnerships seeks to protect is from the Care Act 2014 which became law on the 1st April 2015.
• The safeguarding adult duties apply to any person aged 18 years or over who:
-has needs for care and support (whether or not the local authority is meeting any of those needs) and;
-is experiencing, or at risk of, abuse or neglect; and
-as a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or
IVE have a responsibility to promote the welfare of all children, young people and adults* at risk and to keep them safe. We are committed to practice in a way that protects them. To that end we will;
• Appoint Sarah Mumford as our Designated Safeguarding Officer (DSO) for children, young people and adults at risk with Chris Strong as deputy and Caroline Watson as lead board member for safeguarding
• Adopt child protection and safeguarding practices through procedures and a code of conduct for staff and volunteers
• Develop, implement and regularly update an effective e-safety policy and related procedure
• Provide effective management for staff and volunteers through induction, supervision, support, training (including annual refresher training in relation to this policy) and quality assurance measures
• Recruit staff and volunteers safely, ensuring all necessary checks are made. See our Safer Recruitment Policy
• Record and store information professionally and securely, and share information about safeguarding and good practice with children, their families, adults at risk, staff and volunteers via leaflets, posters, one-to-one discussions
• Use our safeguarding procedures to share concerns and relevant information with agencies who need to know, involving children, young people, adults at risk, parents, families and carers appropriately
• Use our policies and procedures to manage any allegations against staff and volunteers appropriately
• Create and maintain an anti-bullying environment and ensure we have a policy and procedure to help us deal effectively with any bullying that does arise. See our Bullying and Harassment policy.
Ensure that we have effective complaints and whistleblowing measures in place
• Ensure that we provide a safe physical environment for our children, young people, adults at risk, staff and volunteers, by applying health and safety measures (including Risk Assessments) in accordance with the law and regulatory guidance
• Promote a commitment to safeguarding and a culture of vigilance to ensure all children, young people and adults at risk feel safe
*This and subsequent references to ‘children, young people and adults’ will include apprentices.
This policy has been drawn up on the basis of law and guidance that seeks to protect children, young people and adults at risk namely:
• Children Act 1989
• United Convention of the Rights of the Child 1991
• Data Protection Act 1998
• Human Rights Act 1998
• Sexual Offences Act 2003
• Education Act 2002
• The Mental Capacity Act 2005
• Safeguarding Vulnerable Groups Act 2006
• Protection of Freedom Act 2012
• Children and Families Act 2014
• Special education needs and disability (SEND) code of practice: 0 to 25 years – Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities; HM Government 2014
• The Care Act 2014
• Information sharing: Advice for practitioners providing safeguarding services to children, young people, parents and carers; HM Government 2015
• Working together to safeguarding children: a guide to inter-agency working to safeguard and promote the welfare of children; HM Government 2015
• Data Protection Act 2018
• The Childcare (Disqualification) Regulation 2018
• Guidance for Safer Working Practices 2019
• Keeping Children Safe in Education DfE 2021
This policy should be read alongside our policies and procedures on:
– Safe Recruitment
– Code Of Conduct
– Social Media
– Bullying and Harassment
– Children’s Complaints
– Performance Management
– Lone worker
– Prevent Policy
– e-safety policy
Designated Safeguarding Officer (DSO) Name: Sarah Mumford
Phone: 0113 322 3050/07702 212349
Implementation, monitoring and review of this policy
This policy will be reviewed annually (August). The Chief Operations Officer has overall responsibility for implementing and monitoring this policy.
Any queries or comments about this policy should be addressed to the Chief Operations Director.
Reviewed July 2021.
The following actions will be undertaken to promote this policy.
• Staff awareness and understanding of the policy and its implications for their work will be communicated via induction and through staff CPD sessions
• Learner and apprentice understanding of the policy will be ensured through course inductions, at learning reviews, and via specific training sessions as deemed appropriate during learning programmes
• Employers will be made aware of the policy and its implications during the Employer Engagement process
Achieving Commitment to the Policy & Staff Training
This is achieved in several different ways.
• The IVE Board reviews and approves the policy
• Safeguarding matters are routinely reported to the Board and reviewed at SMT meetings
• Staff undertake inductions as new employees where they are introduced to the policy. Their understanding of the policy and its implications are assessed via annual training and performance reviews.
• Staff are required to sign to indicate that they understand and are committed to implementing the policy.
• Staff undertake periodic (usually annual) update training on the policy and key Safeguarding issues. Records of this are maintained in the HR system.
• Learners / apprentices are required to sign to indicate that they understand and are committed to adhering to the requirements and obligations within the policy.
• Learners are reminded of the contents of the policy at learning reviews and specific training sessions as deemed appropriate during learning programmes.
IVE’s Safeguarding Procedures
1. Overall Principles
The following key principles underpin the IVE Safeguarding Policy:
• The welfare of the child, young person or adult at risk is, and must always be, paramount.
• IVE is committed to taking all available steps to ensure that its services both face-face and online are delivered in a manner which keeps children, young people and adults at risk safe from harm, taking into account partner agency policy and procedures.
• All children, young people and adults at risk have the right to be protected from abuse irrespective of their age, gender, culture, disability, racial origin, language, background, religious beliefs or sexual orientation.
• IVE staff will work in a way that ensures all children and adults at risk are treated with respect, listened to and valued as individuals.
• IVE has a duty to ensure all allegations of abuse or concerns regarding children, young people and adults at risk are treated seriously and responded to swiftly and appropriately in accordance with procedure, even if the concern does not relate to IVE programmes or staff.
• IVE recognises the responsibilities of the statutory agencies and is committed to working with them and complying with the statutory guidance ‘Working Together to Safeguard Children’ 2015.
• IVE has a duty to all staff to educate and make sure they understand their responsibility for safeguarding and protecting children and how to deal with any child or adult at risk welfare concerns they identify or are informed of.
• IVE recognise that issues involving child and adult at risk safeguarding are sensitive and must be kept confidential. However, confidentiality must never prevent appropriate information sharing when there is a child or adult at risk protection concern.
1.2 The Six Key Principles of Adult Safeguarding
Six key principles underpin all adult safeguarding work and apply to all sectors including further education colleges:
1. Empowerment – People being supported and encouraged to make their own decisions and informed consent. “I am asked what I want as the outcomes from the safeguarding process and these directly inform what happens.”
2. Prevention – It is better to take action before harm occurs. “I receive clear and simple information about what abuse is, how to recognise the signs and what I can do to seek help.”
3. Proportionality – The least intrusive response appropriate to the risk presented. “I am sure
that the professionals will work in my interest, as I see them and they will only get involved as
much as needed.”
4. Protection – Support and representation for those in greatest need. “I get help and support to report abuse and neglect. I get help so that I am able to take part in the safeguarding process to the extent to which I want.”
5. Partnership – Local solutions through services working with their communities.
Communities have a part to play in preventing, detecting and reporting neglect and abuse. “I know that staff treat any personal and sensitive information in confidence, only sharing what is helpful and necessary. I am confident that professionals will work together and with me to get the best
result for me.”
6. Accountability – Accountability and transparency in delivering safeguarding. “I understand the role of everyone involved in my life and so do they.” (Care and support statutory guidance, The Care Act 2014)
2. Code of conduct
The Code of Conduct provides clear agreed guidelines for staff to go about their day-to-day work to protect children, young people and adults at risk but also to protect staff from allowing themselves to get into potentially difficult situations.
• work with children, young people and adults at risk in an open and transparent way
• ensure you have agreed roles, responsibilities and standards of behaviour with other adults involved, including teachers
• listen to and respect children, young people and adults at all times regardless of their age, gender, culture, disability, racial origin, language, background, religious beliefs or sexual orientation.
• ensure allegations by a child, young person or adult at risk are reported, including any made against you
• follow the procedures for reporting concerns. Never agree to keep any information relating to the harm of a child, young person or adult at risk confidential
• avoid unobserved situations of one to one contact with a child, young person or adult at risk whether in person or in an online forum. If it is absolutely unavoidable, always ensure another adult knows where you are, with whom, why and for how long. In this situation it is good practice to ask the child to bring a friend, keep the door open, to remain in plain view of others in the vicinity and record the meeting if online.
• ensure that their relationships with young people and adults at risk are appropriate to the age and gender of the young person/adult at risk and take care that their language or conduct does not give rise to comment or speculation.
• avoid favouritism, singling out ‘troublemakers’ and gossiping about children, young people or
adults at risk.
• ensure that dangerous or otherwise unacceptable behaviour by a child, young person or adult at risk is challenged and addressed within the agreed partner agency guidelines
• be aware that children, young people and adults at risk can and do develop both heterosexual and same sex infatuations towards adults working with them. If you become aware of this happening towards yourself, you should inform your line manager and then respond to the situation in a respectful way
• ensure that if any kind of physical support or contact is required during activities, it is only when necessary in relation to the activity and you have the child’s, young person’s or adult at risk’s permission
• ensure that the focus of your relationship with a child, young person or adult-at-risk you have met through work is always work-focussed. The aim should never be, or become, to develop the relationship into a long-term friendship. Never invite, or allow, a child, young person or adult- at-risk you have met through work into your home or make contact with them outside of a work context
• support and be vigilant of practitioners you are working with to ensure they are not being drawn into situations that could be misinterpreted. How colleagues view each other’s’ practice indicates how outsiders may perceive it.
Staff should not:
• discriminate or show signs of approval (beyond that of praise for completed activities) or prejudice
• ask children/adults-at-risk to keep secrets or say that you will keep a secret
• trivialise abuse or its effects
• smoke with, or in front of, children/adults-at-risk or consume alcohol / drugs during the working
day (in line with IVE’s Drug, Alcohol and Substance Misuse Policy).
• make sexually suggestive or discriminatory (i.e. sexist, racist, homophobic, etc) remarks, comments or jokes to, or in front, of a child/adult-at-risk.
• use sarcasm, demeaning or insensitive comments to a child/adult
• act in a way which may be perceived as threatening or intrusive
• offer to transport a child, young person or adult-at-risk alone in your car unless in an emergency and having notified your line manager or another senior member of staff
• engage in or tolerate any inappropriate physical activity involving children/adults at risk, or any bullying of a child/adult at risk by an adult or another child.
• use any physical punishment as part of disciplining children/adults at risk. Shouting at children/adults at risk should also be avoided or used very seldom and only if other alternative forms of discipline have failed.
• give personal contact details (including telephone numbers and e-mail address) to a child/adult- at-risk they have met through work nor communicate with children/adults-at risk they have met through work in person or through personal social networking sites (e.g. Facebook, MSN, Twitter, etc).
• accept, or give, personal items, gifts outside the boundaries of the activity or money to children/adults-at-risk and/or their families. If unsure of a particular situation, staff should inform their line manager.
All staff should clearly understand the need to maintain appropriate boundaries in their dealings with children, young people and adults at risk. Staff should be aware that they may be seen as role models and must always act in an appropriate manner. When working with children/adults-at-risk on behalf of IVE staff are considered to be acting in a position of trust. Broadly speaking, a relationship of trust can be described as one in which one party is in a position of power or influence over the other by virtue of their work or the nature of their activity. It is vital for all those in positions of trust to understand the power this can give them over those they care for and the responsibility they must exercise as a consequence of this relationship. See Appendix D for specific legislation.
Any breach of this Code of Conduct or other concerns in relation to unprofessional behaviour may lead to the Disciplinary Procedures being put into place – it is important that staff familiarise themselves with these.
3. Definitions of Abuse
There four main types of child abuse identified in ‘Working Together to Safeguard Children’ 2015.
• Abuse: a form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting by those known to them or, more rarely, by others. Abuse can take place wholly online, or technology may be used to facilitate offline abuse. Children may be abused by an adult or adults or by another child or children.
• Physical abuse: a form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.
• Emotional abuse: a form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.
• Sexual abuse: involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing, and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse. Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children. The sexual abuse of children by other children is a specific safeguarding issue (also known as peer on peer abuse) in education and all staff should be aware of it and of their school or colleges policy and procedures for dealing with it.
• Neglect: the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy, for example, as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: provide adequate food, clothing and shelter (including exclusion from home or abandonment); protect a child from physical and emotional harm or danger; ensure adequate supervision (including the use of inadequate care-givers); or ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
Further information in relation to each of these types of abuse, perpetrators of abuse, bullying and harassment can all be found in Appendix B. It is important that all our staff become accustomed to them.
Further information in relation the each of the types of abuse in relation to adults at risk can be found in Appendix C.
4. Indicators of abuse
It is important to acknowledge that the majority of children do not find it easy to disclose their concerns and self-reporting of abuse is not very common. IVE staff may be in regular direct contact with children and build up working relationships with them which could potentially lead to an increased opportunity of disclosure so it is therefore useful for them to have an idea of some of the indicators of abuse.
It is more likely that IVE staff may observe something that is concerning or be told something by a third party which they will need to act on.
It is important to be mindful that some children and adults at risk are particularly vulnerable to abuse because of their age or their living circumstances or characteristics. Disabled children/adults at risk are at a greater risk of abuse than those that are non-disabled. Children living in adverse parental circumstances may also be more at risk, e.g. domestic violence, substance misuse and /or severe parental mental illness. Those from particularly isolated or new communities may also be at increased risk of abuse as well as those children who display challenging behaviour.
Additional information can be found in Appendix B (and Appendix C in relation to adults at risk) although it is important to recognise that there is no exhaustive list available and that staff need to pass on any concerns they may have to the appropriate person – either in schools and / or IVE DSO.
5. Project Planning and Delivery
When planning a project for work involving children, young people and/or adults at risk, staff (depending on their role) should ensure that they:
• build in enough planning time and ensure that all those involved are aware of safeguarding issues, policies (notably the e-safety policy when working with young people online) and procedures – specifically the interface between sharing concerns with partner agencies and IVE
• undertake a risk assessment at the outset of project planning and monitoring risk throughout the project – this will need to include safeguarding and e-safety as key elements
• identifying at the outset, the people with designated protection responsibility – both the partner agency and IVE – and other key professionals to contact (e.g. local children’s services, Police, NSPCC Helpline) in the event of a concern
• engage in effective recruitment, including appropriate vetting of staff and volunteers and ensuring they receive appropriate induction and one-to-one time to familiarise them with this policy
• engage in regular monitoring throughout the duration of the work ensuring that safeguarding issues are discussed
It is essential that partner agencies are aware that IVE has its own set of Safeguarding Policy and Procedures and that these will work in parallel with each other – i.e. concerns that arise within a partner agency setting will initially be reported to the on-site DSO but then also passed on to the IVE DSO.
6. Protection Procedures
Children, young people/adults-at-risk will be protected by this policy by:
• checking that staff understand their safeguarding responsibilities
• ensuring that appropriate staff Safeguarding training takes place when it is required
• responding promptly when and if safeguarding concerns are raised
• responding quickly and effectively when and if an issue is identified checking that all parties understand what Safeguarding issues and situations look like, and who things should be reported to.
Raising and Recording – what to do if you have a concern about a child, young person or an adult at risk.
These procedures are to be followed if you think a child/young person/adult-at-risk is, or may be, at risk of / is being / or has been abused by anyone.
There are different ways that you may become concerned about actual or potential abuse, such as:
• A child, young person / adult-at-risk might tell you about abuse
• Someone else might tell you that they believe a child/young person/adult-at-risk has been or is being abused
• Something about the way a member of staff (IVE or other) relates to a child/adult-at-risk makes you feel uncomfortable
• You may observe an incident, involving a child/young person/adult-at-risk that makes you feel uncomfortable
• You may become aware of a physical indicator or change/s in behaviour which suggest a child may be being abused (see above / Appendix B or C (Adult at Risk)).
In an emergency situation such as a child, young person or adult at risk, being at immediate risk of harm the Police should be notified and the information then passed to the appropriate DSO and the local council’s Children’s Services Department for information.
If you are working on a partner agency site where there is an identified DSO
You must immediately report the concern to the identified safeguarding officer – if you cannot contact the DSO in the organisation you are working in, inform another member of staff immediately and then inform the IVE DSO.
It is important that you write down the details of your observations or the information you have received including any recordings if meetings held online, and sign and date the record. Try to include as much detail as possible, particularly about the child/adult-at-risk such as the full name, date of birth (if known), address and language. Some of this information will be held by the partner agency and they can complete it. If you have spoken with the child, include anything they have said to you using their own words (see Appendix G for a sample Child Protection Concern Form).
See Appendix I for an Adult at Risk Concern form.
The DSO in the organisation you are working in will manage the concerns and involve the appropriate people (e.g. Children’s Services, Police, etc). A worker from one of these agencies may speak to you to further discuss your concerns.
You will then need to pass on the concern to the IVE DSO so they are aware of the situation. The IVE DSO will confirm the concern in writing to the partner agency DSO which will allow for follow up at a later date if required – e.g. if IVE staff feel that a referral has not been made when it should be or the situation has not been addressed satisfactorily.
If you are working on a site where there is no partner agency DSO
You will need to contact the IVE DSO immediately and seek advice – this needs to occur as soon as possible but definitely within 24 hours.
The IVE DSO will decide what further action is required. If unsure they will seek advice from the Police, local authority children’s services or the NSPCC Helpline – whichever is most appropriate to the situation. If a referral is required, this will be completed as soon as possible and followed up in writing within 48 hours (written or email).
If the concern is about partner agency staff or other professionals visiting their site.
You need to share the concern with the partner agency DSO or senior management as soon as possible. The partner agency DSO will, in turn, contact the relevant Local Authority Designated Officer (LADO) to report the concern and seek advice on how best to proceed. You will also need to inform the IVE DSO as above.
If the concern is about a member of IVE staff
The Whistleblowing Policy provides clear guidelines in relation to concerns about the practice of other staff but in relation to child/adult-at-risk safeguarding concerns you need to inform the IVE DSO as soon as possible.
The above procedures will still apply but the DSO will also inform the appropriate programme manager at the earliest opportunity and they will work with them to investigate the situation.
Remember, it is NOT for the person identifying the concern or receiving the allegation to assess, investigate or attempt to address the concerns / issues.
See Appendix F for the Child Protection Procedures flowchart.
In determining the type of investigation warranted the DSO will seek advice from the Local Authority Designated Officer. Where an investigation is warranted by IVE personnel this will be managed by the DSO unless there are reasons why this should be someone else. In such circumstances the CEO will determine who that person will be, for example the Deputy DSO.
The first responsibility of the DSO is to ensure that the child/young person/adult-at-risk is removed from a situation where it is alleged that abuse is taking place where the abuse is deemed sufficiently severe to warrant such action, by calling 999 if they are injured or in immediate danger.
The concern should be reported to the appropriate partner organisation DSO as soon as possible, definitely within 24 hours, and the Child/Young Person or Adult at Risk Protection Concern Form should be completed and forwarded on to both IVE and partner organisation DSOs. Concerns should
be discussed with the DSO as they can offer advice and support and have the responsibility to refer the information to the correct agency/professionals.
The DSO should then gather all relevant information from the parties involved and make judgments about who to interview.
Having conducted interviews and reviewed all evidence sources the DSO should present the evidence collected to senior management or convened panel (as relevant to IVE or partner organisation) who should then agree what action should follow.
The outcome of the panel decision should be communicated to the parties involved. Any party may choose to challenge the decisions made, in which case the ‘challenge’ will be managed in the same way a complaint is managed.
IVE/Partner Agency DSO will decide on next action depending on nature of concern raised according to the flow chart in Appendix F – Child Protection Procedures Flowchart.
The DSO or deputising person can call the NSPCC helpline (0808 800 5000) or the local Children’s Services for advice (including anonymous discussions) to make a referral.
7. Confidentiality and information sharing
Care must be taken to ensure that both adults’ and children’s confidentiality is maintained and that information is handled and disseminated on a need to know basis only. IVE will only disclose information to others either with the individual’s consent or when there is a legal duty to do so.
The principles of the Data Protection Act 1998 must be adhered to when handling personal information:
• personal information is obtained and processed fairly and lawfully;
• only disclosed in appropriate circumstances;
• accurate, relevant and not held for longer than necessary; and kept securely.
The Act allows for the disclosure of personal information without consent of the subject in certain conditions, including for the purposes of the prevention and detection of a crime, for example where there is a child protection concern.
It is best practice to gain verbal or written consent, from a child/young person/adult-at-risk or parent/carer before any personal information relating to them is shared with another organisation (such as Children’s Services). However, you may not need to seek consent to share information if it might be unsafe to seek (e.g. seeking consent might increase the risk to the child) or cause an unjustified delay or if it would prejudice the prevention, detection or prosecution of a serious crime. When in doubt advice should always be sought from someone experienced in dealing with these issues – the DSO, local children’s services or the NSPCC Helpline.
It is the IVE DSO’s responsibility to ensure that all records are stored securely in a locked cabinet,
only accessible to named individuals and the information is managed within agreed guidelines.
8. Responding to concerns or allegations
It is essential that all staff are aware of who the DSO is when undertaking any work on behalf of IVE. In the event of a direct allegation or other concerns, it will be important that staff
• remain calm and in control but don’t delay acting
• listen carefully to what is said. Allow the child/young person/adult-at-risk to tell you at their own pace and only ask questions for clarification, don’t ask questions that suggest a particular answer
• don’t promise to ‘keep it a secret’. Use the first opportunity you have to say that you will need to share the information with others. Make it clear that you will only tell the people who need to know and who should be able to help
• reassure the child/young person/adult-at-risk that ‘they did the right thing’ in telling someone
• tell the child/young person/adult-at-risk that you are now going to inform the DSO and make some very brief notes
• speak immediately to the DSO in the partner agency setting. If they are not available, another lead member of staff. If there is no-one available, contact the IVE DSO
• as soon as possible after the conversation or observation of a concern, write down what was said or happened as fully as possible – on both the partner agency’s form and IVE’s Child Protection Concern form (Appendix G) or Adult at Risk Concern Form (Appendix I) . Use the child’s/young person’s adult-at-risk’s own words and note the date, time, any names that were involved or mentioned and who you gave the information to. Make sure you sign and date your record.
• if you have been liaising with the partner agency DSO and haven’t already done so you now need to inform the IVE DSO and complete the Child Protection Concern Form (Appendix G) or Adult At Risk Concern Form (Appendix I)
9. Risk assessment and risk management
Risk assessment should be a part of planning any project and should take into account all aspects of the project, but particularly any risks relating to safeguarding and child protection – this needs to be a key element of all risk assessments undertaken. Risk management should be an on-going part of every project.
The principle of risk assessment is to consider the:
• practical detail of a project
• things that can go wrong in the project
• likelihood of these things going wrong
• impact of these things going wrong once this is done:
• you can identify measures to reduce the risk
• you can decide what to do if things do go wrong
• you can allocate roles to monitor and manage child protection
Make sure you set aside enough time to undertake risk assessment and risk management. To ensure that all risks are considered involve as wide a range of project stakeholders as possible in risk assessment.
Risk assessment and risk management should be done for every project you engage in.
10. Using photographs / films / images of children/adults-at-risk
To comply with the Data Protection Act 1998, IVE recognises the need to ensure the welfare and safety of all young people and adults at risk, therefore we will not permit photographs, video or other images of children, young people or adults at risk to be taken without the informed consent of the person and their parents/carers.
We must have the permission of all identifiable adults and children in photographs, video footage, webcams, internet and multi-media messaging services before it can be used. Permission should be granted from a parent or carer of anyone under the age of 18.
It is important that people make an informed decision and therefore need to know how and why the imagery will be used and the reality that, if images are placed on websites or used in similar ways, it is not always possible to guarantee how they may be used.
For each project consent must be given and a consent form completed and filed either by IVE, partner organisation or educational establishment. If it is the latter two, IVE staff must clarify that consent exists.
Consent runs out after two years, unless consent given by a partner agency conflicts with this (i.e. pupil in final year of school). If you wish to use the photograph again after two years on new material you must get consent again.
The photographer must make it clear to the person/parent/carer why we are taking the photograph, and how it is intended to be used.
Secure storage of imagery
IVE will ensure that all images are stored securely, used responsibly and will only be shared with other organisations with consent. Images will be stored on a password protected database and accessed only by an approved member of IVE staff.
Pictures / film / imagery will be disposed of once consent has expired.
If images are taken at an event or place attended by large crowds, this is regarded as a public area
– you do not need to get permission of everyone in crowd shots. However, please act appropriately
– is the event sensitive? Would the people mind having their photo taken?
Photographic images are considered as artistic work under the laws of copyright. Commissioned contractors and freelancers own the first copyright unless the commissioning contract agrees otherwise.
If the image was taken by a photographer contracted by IVE (for example the Creative Agent or Creative Practitioner as part of the Creative Partnerships Programme) the photographer is acting on behalf of his/her employer/contractor, and therefore IVE own the copyright and all intellectual property rights arising from the conduct of the services shall vest in or be vested in IVE.
If the photographer is not contracted or employed by IVE the first owner of copyright is the photographers, consequently, please ensure they have fairly obtained consent (as detailed above) and grant IVE permission to use the images.
Use of imagery
It is important that however the imagery is used, it does not provide clear identification of a child. This would occur if a child’s full name was used next to a photograph of them and / or where they live or go to school. It would be appropriate to use a first name and the activity they are involved in but try to minimise any means of identification.
See Appendix H for a model permission form.