SAFEGUARDING POLICY & OPERATIONAL PROCEDURES

Policy Statement

Flying High Expressive Arts CIC (herein referred to as FH) has a duty of care to safeguard from harm all children and young people with whom it interacts. We strongly believe that all children and young people have the right to be treated fairly, justly and have the right to freedom from abuse and harm.

This policy details the legal requirements, organisational procedures and best practice as applicable to all staff. This policy applies to all FH staff, including those who work on a volunteer and freelance basis as well as FH’s Directors’ Board Members.

Our policy ensures that all our staff and volunteers are carefully selected and vetted, have the relevant qualifications and experience and accept responsibility for helping to prevent the abuse of children and young people in their care. We aim to support all FH staff and artists with regards to legal requirements and good practice.

All suspicions and allegations of abuse and poor practice will be taken seriously and responded to swiftly and appropriately.

We have procedures in place to monitor and support good practice, and to help any child/young person who appears to be at risk, or who appears to be a victim of abuse.  We will offer help and support when a child/young person tells us that they are affected by these issues. We will work with external agencies such as the NSPCC and the police to ensure as far as possible that children and young people are protected.

The terms ‘child’, ‘children’, ‘girl’ and ‘boy’ are used to refer to anyone under the age of 18. The terms ‘young person’, ‘young people’, ‘young woman’ and ‘young man’ are used to refer to anyone between the ages on 18-25 years.

We will not tolerate bullying. Incidents of bullying will be investigated and treated seriously.  Action will be taken to stop the bullying. Refer to FH’s Anti-bullying Policy.

Staff Roles & Responsibilities

The Designated Safeguarding Officer leads upon policy implementation, including:

●        Acting as a ‘front line’ point of contact for any persons concerned about the welfare of a child/young person.

●        Updating the Safeguarding Administration Officer upon any issues raised/reported in sessions.

●        Modelling best practice when it comes to safeguarding amongst staff/volunteers/participants.

●        Contributing to the review and update of safeguarding policy and procedures.

●        Providing guidance to staff concerned about a child protection issue.

●        Keeping accurate records of concerns about children and young people and actions taken.

●        Leading upon contact with Local Authority Social Services in the event a child/young person is at risk of harm.

●        Managing complaints about poor practice and allegations against staff/volunteers.

●        Ensuring safer recruitment procedure and promoting safeguarding across the organisation.

The Safeguarding Administration Officer leads upon policy development and reporting, including:

●        Reviewing and updating the organisation’s safeguarding policy on an annual basis or when necessary.

●        Referring relevant issues of safeguarding to the FH Advisory Board for consideration.

●        Collecting and monitoring data on all safeguarding activities across the organisation and forwarding these to the Lead Director for Safeguarding.

The Lead Director for Safeguarding leads upon policy and procedure oversight, including:

●        Ensuring that policy and procedures are fully implemented and followed by all staff.

●        Being informed of all serious safeguarding incident forms and responding as necessary.

●        Reporting to the FH Directors’ Board upon any observations and/or findings concerning safeguarding.

●        Managing complaints about poor practice and allegations against staff/volunteers.

All members of staff/volunteers have a responsibility to safeguard children and young people from harm, including:

●        Being vigilant of the signs that may indicate a child/young person is experiencing harm or is at risk of harm.

●        Report any disclosures or concerns, as soon as possible, to the Designated Safeguarding Officer or the Lead Director for Safeguarding.

Recruitment, Selection & Training of Staff

Safer Recruitment & Selection of Staff

Safe recruitment and selection practice is vital in safeguarding and protecting children and young people. FH recognises and takes seriously its responsibilities to adopt practice which minimises risk to the children and young people by ensuring that measures are in place through this practice to deter, reject or identify people who might abuse children and young people or are unsuitable to work with them. The safety and well-being of children and young people is borne in mind at all times throughout the recruitment and selection process. FH will ensure that:

●        Appropriate checks (DBS) are carried out on new staff/volunteers.

●        The safety of children and young people is explicitly stated in job descriptions and person specifications.

●        When a new tutor is employed there will be an existing member of FH staff in the initial sessions to share their knowledge of the company ethos and good practice and to support them as necessary.

●        FH has an open door policy when rehearsing or during a development process, this means at any time a member of staff may enter the space to observe the session. This offers transparency and an opportunity to feedback and reflect on good practice.

FH will ensure that staff are carefully selected, trained and supervised to provide a safe environment for all children and young people, by observing the following principles:

●        Applicants will meet with FH’s Artistic Director in advance of an employment offer.

●        Where relevant written references will be obtained to confirm their suitability for working with children and young people.

●        Staff will be monitored by FH’s Artistic Director who will offer appropriate advice/guidance.

Training of Staff

FH will ensure that all staff are issued with staff packs (to include this policy) at the beginning of a new academic year or when they begin working for the company. The DSO will work with the staff in a meeting prior to the start of the new year which will include exercises, role plays, case studies and discussions to cover all the procedures and guidelines in this policy.

Identifying & Responding to Concerns about a Child/Young Person

At times FH staff may have to respond to concerns about the welfare of children and young people. This could relate to the actual or alleged harm of a child/young person. Alternatively a child/young person we are working with may disclose abuse directly to you. This section provides information and guidelines on our procedures in these situations.

Identifying Types & Indicators of Abuse

In order to effectively protect children and young people against harm all staff should be familiar with the various types and key signs of abuse. The Government’s Working Together to Safeguard Children (2010) details four key types of abuse:

●        Physical

●        Sexual

●        Emotional

●        Neglect

All staff are required to acquaint themselves with indicators of abuse (please see appendix 2).

Hearing a Disclosure

If a child/young person says or indicates that he or she is being abused, or information is obtained which gives concern that a child/young person is being abused, you should follow the below guidance:

RECEIVE

●        Listen to what is being said, without displaying shock or disbelief.

●        Accept what is being said and react calmly so as not to frighten the child/young person.

●        Make a note of what has been said as soon as practicable.

REASSURE

●        Reassure the child/young person, but only so far as is honest and reliable.

●        Tell the child/young person they are not to blame and that it was right to tell; I am glad you came to me.

●        It is important that you do not promise to keep it a secret as your professional responsibilities may require you to report the matter.  If you make this promise to a child/young person and then break it, you confirm to the child/young person yet again that adults are not to be trusted.

REACT

●        React to the child/young person, but only as far as is necessary for you to establish whether or not you need to refer this matter, but do not interrogate for full details.

●        Take what the child/young person says seriously, recognising the difficulties inherent in interpreting what is said by a child/young person who has a speech disability and/or differences in language.

●        Do not ask ‘leading’ questions, for example ‘what did they do next?’ (This assumes they did!), or ‘did they touch your private parts?’ Such questions invalidate your evidence (and that of the child/young person) in any later prosecution in court.

●        Explain what you have to do next and whom you have to talk to.

RECORD

●        Make some brief notes at the time on any paper which comes to hand.

●        Do not destroy your original notes in case they are required by court.

●        Record the date, time, place, persons present and any noticeable non-verbal behaviour.

●        Be specific when noting the words used by the child/young person.

REMEMBER

●        To share your concerns with the Designated Safeguarding Officer who may take the matter forward.

Reporting Allegations, Suspicions or Concerns

It is not the responsibility of anyone working at FH to decide whether or not a child/young person is being abused or might be abused.  However, there is a responsibility to act on concerns to protect children and young people in order that appropriate agencies can then make enquiries and take necessary action to protect the child/young person.

If you become aware of any issue or complaint relating to the welfare or wellbeing of children and young people then you should raise these with the Designated Safeguarding Officer who will be responsible for documenting your concern on an Incident Report Form (see appendix 4).  All concerns will be considered and a decision reached as to whether the concern should be referred to Social Services.

Making a Referral to Social Services

If a decision is made to raise a concern with Social Services it will be the responsibility of the Designated Safeguarding Officer to formally report this concern.  If, for any reason, the Designated Safeguarding Officer is unable to lead on this process the Lead Director for Safeguarding will make the referral. Referrals should be made to:

NSPCC Helpline

0808 800 5000

FH will make all referrals within 24 hours of a serious concern or disclosure coming to light. When a referral is made, FH will record the name and role of the children and young people’s services member of staff or police officer to whom the concerns were passed, together with the time and date of the call/referral.

If a concern is allayed and a decision is made not to make a referral the FH staff will still be required to record details of the concern and details as to why a referral was not made. This information may become relevant later on if further concerns emerge.

Allegations of Misconduct or Abuse by Staff

In the event of allegations being made against an employee (staff or voluntary), FH has a dual responsibility in respect of both the child/young person and employee. The same person must not have responsibility for dealing with welfare issues about children and young people and staff employment issues.

Two separate procedure must be followed:

1. In respect of the child/young person the Designated Safeguarding Officer will be responsible for the process related to the child/young person;
2. In respect of the staff member against whom the allegation is made the Lead Director for Safeguarding will be responsible for the process related to the staff member.

With regards to the child/young person, the aforementioned process will be followed. With regards to the staff member against whom the allegation is made, the process below will be followed:

1. FH will make formal contact with the NSPCC who is responsible for providing instruction in the event of an allegation of abuse or suspicious behaviour made against a staff member.
2. FH is legally required to alert the LADO (local authority designated officer) to all cases in which it is alleged that a person who works with children and you people has:

1. Behaved in a way that has harmed, or may have harmed, a child/children and/or young person/young people.
2. Possible committed a criminal offence against a child/children and/or young person/young people.
3. Behaved towards a child in a way that indicates s/he is unsuitable for such work.

3. The LADO will instruct FH on procedure and what information may be shared with the person who is the subject of an allegation. FH and LADO will decide, in consultation with the Police and/or any other relevant agencies, what may be shared in situations that may possibly lead to a criminal investigation. 
4. Subject to advice from the LADO, and to any consequent restrictions on the information that can be shared, FH will, as soon as possible, inform the accused person about the nature of the allegation, how enquiries will be conducted and the possible outcome.

In all instances FH will seek to ensure that any staff member is treated fairly and honestly and that they are supported to understand the concerns expressed and processes involved. They will be kept informed of the progress and outcome of any investigation and the implications for any disciplinary or related process.

Contact details for Gedling Borough Council’s LADO are provided in appendix 1.

More information on Allegations of Misconduct or Abuse by Staff is provided in appendix 3.

Communication with Children and Young People

Communication via Telephone

Staff should in no circumstances make or receive calls to or from children and young people using their personal mobile phones. All contact with parents/guardians/children and young people is made by the Artistic Director or Administrator by email or using the FH company mobile phone. This mobile should be pin locked so that data is not accessible by others. All calls with children/young people should, where possible, be made in an open environment where the conversation can be witnessed. 

Communication via Email

All communication via email should be from a FH account and have another member of staff carbon copied in to the email. If a child/young person emails a staff member’s personal email it should be forwarded to the Designated Safeguarding Officer and guidance given to the child/young person on appropriate ways to contact staff.  Staff members who have concerns regarding content of an email that they send or receive from a child/young person should consult the Designated Safeguarding Officer for guidance.

Social Media

FH recognises that social media can be a legitimate and effective way to communicate with children and young people. Current social media applications frequently used by members include X, Facebook, Instagram, Tik Tok and Snapchat to name but a few. Contact with children and young people through such forums should only take place through organisational accounts. FH currently has Facebook, Instagram, Tik Tok and X accounts.

FH staff must not do any of the following:

●        Send or accept any friend requests from FH members on Facebook.

●        Request to follow FH members on other social media platforms.

●        Join, accept invitations to or contribute to any groups, private or otherwise, relating to a FH course, production or member activity on social media.

●        Send or respond to any private messages from a FH member on social media.

FH does not expect its staff to protect their personal social media accounts (thereby making sure their posts  are only visible to followers approved by the account holder) however it does ask all staff to respect their association with the organisation they are connecting with.

Photography & Video

Parental/guardian consent for photography or video recording of any child is obtained through FH enrolment forms. Photographs or videos of children and young people will be stored in a designated folder that is only accessible by designated FH staff.

Any camera owned by FH and used by staff for the purpose of photographing children and young people engaged in FH activity must have its memory wiped as soon as content has been transferred to the designated FH folder.  FH will ensure that any professional photographers or video-makers contracted by FH to make photos/videos of children under the age of 16 and vulnerable adults have an Enhanced Disclosure and Barring Service (DBS) check which is dated within the last 3 years, inclusive of their period of engagement. FH will announce at all performances that ‘video and photography is not permitted during the performance’. 

Residential & Overnight Activity

FH’s programme of work includes opportunities for children and young people to attend residential activities e.g. youth theatre festivals and the Edinburgh Fringe Festival. The Safe Network (www.safenetwork.org.uk) advises organisations to consider the following when planning residential activities:

●        Suitable travel arrangements which take due regard for passenger safety

●        Duration of the journey and numbers of drivers required

●        Traffic conditions, weather and insurance

●        Journey and planned stopping times

●        Suitability of vehicle if the group includes disabled passengers

●        Aware of travel emergency procedures

●        FH will ensure that in any residential setting with children there will be a pastoral member of staff who will also stay on site

FH’s programme of work includes opportunities for young people to attend overnight events. In such circumstances FH will ensure that appropriate sleeping arrangements are put in place to protect children and young people. Adults should sleep in separate but nearby sleeping quarters and attention should be given to adequate provision for each gender. Separate sleeping areas need to be

provided for those above and below the age of 16. Where this is not possible, arrangements need to be made to ensure adequate separation of the age groups within the sleeping accommodation. Attention also needs to be given to safe access for the children and young people to staff and toilet facilities during the night.

Disclosure & Barring Service (DBS) Checks

The Disclosure and Barring Service (DBS) exists to help employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children and young people. A DBS check forms one part of the wider safeguarding process. It helps organisations to determine whether a person is suitable candidate for a particular role by providing information about their criminal history.

DBS checks are required for all staff (paid and unpaid). If a staff member does not have a current DBS check FH will ensure they are not alone with children/young people whilst a DBS is processed.

Child Performance Licensing

All children who perform on stage or in television, films, commercials or who work as models, have their welfare and safety protected by the following children in entertainment legislation:

●        Children and Young Persons Act 1933 & 1963

●        Children (Performances) Regulations 1968

●        The Children (Performances) (Miscellaneous Amendments) Regulations 1998(1)

●        The Children (Performances) Amendment Regulations 2000

●        The Children (Performances) (Amendment) (No.2) Regulations 2000

●        Statutory Instruments: 1968 No.1728, 1988 No.1678, 2000 No.2384

For the purposes of children in entertainment a child is a person aged from birth until the end of their compulsory schooling.

The aforementioned legislation requires licenses to be issued by each Local Authority (LA) for children who take part on one of the following categories:

●        Broadcast performances (films, TV, video) covers performances that will be broadcast.

●        Non-broadcast performances (theatre, modelling) covers performances that are not broadcast.

It is the responsibility of FH to establish contact with the relevant LA in which a child resides to obtain instructions as to whether a license is required.  It should be noted that there will be occasions when a licence is not required, see EXEMPTION sections below.

The Children (Performances) Regulations 1968 only apply to actual performances and therefore the following information does not apply to rehearsals or regular workshops.  Rehearsals are, however, affected by the Regulations, if they take place during the currency of a license (between the first and last performing day). Rehearsals are then subject to the same restrictions and conditions applicable

to that licence – time at place of performance, performing times and so forth. Rehearsals also count as a performance when calculating length of working week – 5 days broadcast, 6 days theatre/other.

The below link shows the regulations of times and hours as required by The Children (Performances) Regulations 1968.  All categories of children’s entertainment licensing, including both licence exemptions, are subject to these times and hours:

https://www.legislation.gov.uk/uksi/1968/1728/contents/made 

Chaperones

All licensed children need to be chaperoned while taking part in a performance. Chaperones act in loco parentis and should exercise the care which a good parent might be reasonably expected to give that child. Regulations require a ratio of 1 chaperone to 12 children.

A chaperone’s first priority is always to the child and the chaperone must not take part in any activity that would prevent them from proper supervision and care of the children they are responsible for.  A chaperone will have total charge of a child, unless the child is being chaperoned by his/her parent/guardian, whilst the child is at the theatre/performance location, and is responsible for the

child’s care and control. If the child has completed their performance and is then handed into the care and control of his/her parent/guardian who is outside of the stage performance area, the chaperone will no longer have responsibility for the child.

Chaperones are required by law to keep a record for each child, per performance:

●        It is a requirement under the Regulations that these records be kept and made available, together with each child’s licence, at every place of performance where a child is present, for inspection by an officer of the LA in whose area the performance takes place.

●        Upon completion of the production, the daily record sheet/s should be stored at the Licence Applicant’s main company address for a period of not less that 6 months after the final performance date for which the licence has been granted.

Child Performance Licence Exemptions

Exemption One – The Four Day Rule

The ‘four day rule’ is an exemption that can be considered for use by both professional and amateur companies. This exemption states that a licence is not required for a child if:

●        they perform for only 4 days in any 6 month period; and

●        they do not need time off from school to undertake the performance; and

●        they do not receive any payment other than expenses.

Children who fall within the exemptions and do not need a licence are still covered by Regulations 21, 22, 33 and 34 of the Children (Performances) Regulations 1968 covering the number of days on which children may perform and permitted hours of performance (see the DFE document attached.)

FH will use the ‘four day rule’ where appropriate; however this will be done in consultation with relevant LA Welfare Teams who will be required to know the names of the children taking part in the production, and the production dates.

Exemption Two – Body of Persons Licence

The Children & Young Persons Act 1963 gives a LA under Section 37 (3)(b) the power to issue a licence to a Body of Persons e.g. a group of responsible adults (youth organisations, amateur dramatics etc) to enable them to engage children in non-broadcast and recorded performances without the need to apply for separate licences for each child for each production. Where appropriate, FH will apply for a Body of Persons Licence.

The Body of Persons must then provide the Education Authority with the following information:

●        Names, addresses and dates of birth of all the children who will be performing;

●        Venue and dates of performances;

●        Names and addresses of the adults forming the Body of Persons.

Approval can be granted providing:

●        The child performers receive no payment other than expenses;

●        The performance is for a stage production;

●        The performances all take place within the LA that is granting the Body of Persons licence;

●        The child performers are supervised by the adults who form the Body of Persons.

●        The organisation complies with the regulations on days and permitted hours of performance contained in the Children (Performance) Regulations 1968 (please see the following link https://www.legislation.gov.uk/uksi/1968/1728/contents/made);

●        That the Child Employment Team agreed that the rehearsal/performance venue(s) are suitable places for children to perform;

●        The organiser has ensured appropriate arrangements are in place to transport child performers to and from the venue and for them to be released into the care of an appropriate person;

●        The organiser will not use the children in performances that may be dangerous;

●        The organiser can demonstrate that it can meet any health, safety and welfare conditions set by the LA;

The holders of the licence must ensure that they keep records of each child’s performance as required by Schedule 3 Children & Young Persons, The Children (Performances) Regulations 1968.  Approval can only be granted for children who perform solely for the holder(s) of the Body of Persons Licence.

Although the law does not place a statutory obligation on organisations to ensure that chaperones are provided for unlicensed children, local authorities prefer that all children be provided with a chaperone as a condition of granting a Body of Persons licence.  The LA believes this preference is justified as a matter of good practice and that all children benefit equally from child protection procedures.

FH will obtain a Body of Persons licence where appropriate and upon the advice of relevant LA Education Welfare Teams.

This policy was last reviewed in August 2024.