Safeguarding Policy

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Creative Spaces Burnley recognises its responsibility to safeguard the welfare of all children, young people and adults at risk, by a commitment to practice which protects them. 

All employees, studio members, workers, contractors and freelancers should be aware of their obligations to ensure the safeguarding of children, young people and adults at risk. 

Taking into account legislation, guidance and best practice Creative Spaces Burnley does not believe that it undertakes any ‘regulated activities’ for children, young people and adults at risk – see Appendix A for definitions. 

Changes to the public programme are reviewed in accordance with health and safety and risk management policies to assess whether or not they constitute regulated activity and safeguarding measures are implemented as required. 

If a risk assessment concludes that regulated activity is to be carried out additional checks will be carried out to review spent criminal records and other information, as relevant to the protected group. 

Creative Spaces Burnley Safeguarding Charter

We recognise that: 

• the welfare of the child, young person and adult at risk is paramount 
• all children, young people and adults at risk have the right to equal protection from all types of harm or abuse
   

The purpose of this policy is to provide: 

• protection for the children, young people and adults at risk who receive Creative Spaces Burnley’s services both onsite and offsite 
• employees, studio members, workers, contractors and freelancers with guidance on procedures they should adopt in the event that they suspect a child, young person or adult at risk may be experiencing, or be at risk of, harm
   

We will seek to safeguard children, young people and adults at risk by:
 

• valuing them, listening to and respecting them 
• adopting safeguarding procedures and a code of conduct for employees, studio members, workers, contractors and freelancers
• recruiting employees, studio members, workers, contractors and freelancers safely, and ensuring all necessary checks are made 
• sharing information about concerns with agencies who need to know, and
  involving children, young people, adults at risk and parents/guardians
  appropriately 
• providing effective management for employees through supervision and
  support 
• creating a safe environment by risk assessing all activities undertaken onsite
  and offsite 
• protecting the identity of children by restricting access to personal
  information and reproduction of images in print or online
   

This policy applies to all employees, studio members, workers, contractors and freelancers engaged to work on behalf of Creative Spaces Burnley. 

Creative Spaces Burnley is committed to reviewing this policy every 3 years or earlier if there are major changes in legislation or within the organisation.
 

Code of Conduct 

This section outlines the behaviour expected of Creative Spaces Burnley employees, studio members, workers, contractors and freelancers.

When working on behalf of Creative Spaces Burnley with children, young people and adults at risk all employees, studio members, workers, contractors and freelancers are considered to be acting in a position of trust. It is therefore important that they act in an appropriate manner at all times and follow the code of conduct. 

All employees, workers, contractors, freelancers, studio members and agency workers are expected to report any breaches of this code to the Safeguarding Officer or Duty Manager. 

Employees who breach this code of conduct may be subject to the Creative Spaces Burnley’s disciplinary procedures.

Any breach of this code involving a studio member, worker, contractor or freelancer, may result in termination of their engagement and the forfeiture of their studio and/or membership. 

Serious breaches of this code may also result in a referral being made to the police or a statutory child or adult protection agency. 

Code of conduct for working with children, young people and adults at risk 

You should: 

• always follow Creative Spaces Burnley’s Safeguarding Policy and Safeguarding Procedures 
• ensure that there is more than one adult present 
• listen to and respect children, young people and adults at risk 
• treat children, young people and adults at risk fairly and without prejudice 
• value and take the contributions of children, young people and adults at risk seriously 
• always ensure equipment is used appropriately and for the purpose it was designed for e.g. computers, cameras etc. 
• ensure any physical contact is appropriate and in relation to the nature of the session (n.b. physical contact may be necessary in the case of emergencies but must remain appropriate and be kept to a minimum at all times) 
• always ensure language is appropriate and not offensive or discriminatory 
• recognise that special caution is required when you are discussing sensitive issues with children, young people and adults at risk 
• challenge unacceptable behaviour and report all allegations or suspicions of abuse
  
   

You should not: 

• put a child, young person or adult who may be vulnerable at risk 
• patronise children, young people and adults at risk 
• allow allegations to go unreported
• develop inappropriate relationships with children, young people and adults at risk
• let children, young people and adults at risk have your personal telephone number or email address
  make contact via social media that is unrelated to Creative Spaces Burnley’s business
• make personal remarks or discuss themes that encourage children, young people and adults at risk to share personal information 
• use sarcasm or insensitive comments 
• act in a way that can be perceived as threatening or intrusive
• make inappropriate promises to children, young people and adults at risk, particularly in relation to confidentiality 
• jump to conclusions about others without checking facts 
• either exaggerate or trivialise safeguarding issues 
• be complacent about the potential risks to others and yourself 
• take a chance when common sense, policy or procedures suggest another more prudent approach.

Safeguarding Procedures

What happens if a child, young person or adult discloses or you have a safeguarding concern? 

If a child, young person or adult at risk discloses (i.e. tells you about abuse or harm they are suffering or have suffered) all employees, studio members, workers, contractors and freelancers will: 

• listen carefully, only asking questions for clarification 
• remain calm and caring and avoid interpreting information 
• tell the child, young person or adult at risk that you need to share this information with others but make it clear to them that you will only tell people who need to know and who can help; you should not promise to keep it a ‘secret’ 
• speak immediately to the Safeguarding Officer or Duty Manager 
• make a signed and dated record of what was said using the words of the child, young person or adult at risk as soon as possible after the disclosing conversation using a standard Disclosure of Information Report form which you can also use to record your observations
   

Where possible safeguarding concerns and referrals should be reported directly to the Safeguarding Officer but if that is not possible (e.g. at weekends) safeguarding concerns or referrals should be reported to the Duty Manager. The Safeguarding Officers and Duty Managers are responsible for: 

• receiving and recording information from anyone who has concerns 
• assessing the information promptly and carefully, clarifying or obtaining
  more information when they need to 
• consulting with a statutory child/adult protection agency 
• ensuring that any procedure is followed on such matters as making a referral, confidentiality and recording 
• leading in the development of safeguards and review of policy and procedures.

It is not the Safeguarding Officer’s or Duty Manager’s responsibility to determine whether a disclosure is valid.
 

In addition to managing the referral process the Safeguarding Officer will meet the Board on a regular basis to monitor, review and develop the work of Creative Spaces Burnley in delivering its duty of care, to help keep abreast of good practice initiatives and changes to legislation, and to provide written updates to the Board. The Safeguarding Officer is the Director of Public Engagement, unless otherwise delegated by the Board.
 

Confidentiality 

The right of a child, young person or adult at risk to be protected takes precedence over a parents’/guardians’ right to confidentiality.
 

Safe environment
 

Risk assessment 

Risk assessment is undertaken by each facility as required and takes into account operational and organisational risks including safeguarding.
 

In the event that employees, workers, members, contractors or freelancers undertake project work onsite or offsite which constitutes ‘regulated activity’ involving children, young people or adults at risk, such projects will be risk assessed on a case by case basis and referred to the Safeguarding Officer to ascertain whether enhanced DBS checks are required. 

Photography
 

Visitors are allowed to photograph, film and record in all our public facing spaces, including in open studios for personal, non-commercial purposes. 

There are established procedures which apply if Creative Spaces Burnley hosts projects which undertake photography, filming and recording of children, young people and adults at risk, including the recording, storing and publishing of images. Photography and filming consent forms must be completed by or on behalf of all adults and children attending public facing engagements with Creative Spaces Burnley, on or off site. 

Training and communication

Safeguarding is included in the general induction on the first day of employment, or membership and all new employees, freelancers and members are signposted to this policy. 

Targeted safeguarding training will be provided for Duty Managers. 

Creative Spaces Burnley employees have access to the policy via their Staff Handbook and studio members have access via their Studio Membership Handbook. 

The engaging officer is responsible for ensuring that all freelance contractors and agency workers receive a copy of the Safeguarding Policy and Safeguarding Procedures document at the point of engagement and that they are informed of any changes to this documentation. 

Our Safeguarding Charter is published on the website and the full Safeguarding Policy is available on request. 

Appendix A – Definitions and responsibilities 

Child 

In the context of this policy a child is defined as anyone under the age of 18, thus including those commonly referred to as ‘young people’. 

Adult at risk 

An adult at risk may be someone aged 18 years or over who ‘may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation’.

Regulated activity 

The following summary of the definition is derived from this document: 

https://www.gov.uk/government/publications/new-disclosure-and-barring-services 

Regulated activity excludes family arrangements, and personal, non-commercial arrangements. 

1. Regulated activity relating to children comprises: 

1. Unsupervised activities: teach, train, instruct, care for or supervise children, or provide advice/guidance on well-being, or drive a vehicle only for children; 
2. Work for a limited range of establishments (‘specified places’), with opportunity for contact: for example, schools, children’s homes, childcare premises. Not work by supervised volunteers; 

Work under (i) or (ii) is regulated activity only if done regularly by the same person: 

• Once a week or more, or
• 4 or more days in 30, or 
• Overnight 

2. Regulated activity relating to adults: 

Regulated activity relating to adults no longer labels adults as ‘vulnerable’. Instead, the definition identifies the activities which, if any adult requires them, lead to that adult being considered vulnerable at that particular time. This means that the focus is on the activities required by the adult and not on the setting in which the activity is received, nor on the personal characteristics or circumstances of the adult receiving the activities. 

There are six categories of people who fall within the definition of regulated activity (and so will anyone who provides day to day management or supervision of those people). 

1. Providing health care
    
2. Providing personal care
    
3. Providing social work
    
4. Assistance with cash, bills and/or shopping
    
5. Assistance in the conduct of a person’s own affairs
    
6. Conveying
    

Minimum age for independent visitors

Creative Spaces Burnley accepts independent visitors aged 13 and over. 

Responsibility for children, young people and adults at risk 

Responsibility for a child ultimately lies with the parent or whoever is in loco parentis for that child. This is usually a teacher, social worker, carer or guardian, whichever applies. 

Responsibility for an adult at risk ultimately lies with the person undertaking regulated activity relating to that individual. 

Local authorities have a responsibility for organisations working with children in their boroughs to have their own safeguarding and child protection policies. Employees from schools and other institutions will therefore comply with their own policies and procedures and Creative Spaces Burnley ensures that these responsibilities are always made clear to the organisations it works with. 

Children aged 12 or under must be accompanied at all organised events by a responsible adult; at school visits the teacher is in loco parentis. These adults are responsible for supervising the children in their care at all times and this is clearly stated in all marketing material. 

Adult to pupil ratios for facilitated school visits 

To protect students, employees, studio members, contractors and freelancers we require the following adult to pupil ratios for facilitated school visits: 

Early Years Foundation Stage (3-5 years old)  1:6 

Key Stages 1-2 (5-11 years old)  1:10

Key Stages 3-5 (11-18 years old)  1:15