Art of Protest Policies
1.0 PURPOSE OF THIS POLICY This procedure outlines what you should do if a child protection allegation is made against an adult working for or involved in Art of Protest. The procedure should provide a clear direction to employees and Executive Trust members who are called upon to deal with such allegations and to manage investigations that may result from them.
2. THE AIMS OF THIS POLICY ARE ensure that children and vulnerable adults that access Art of Protest services and provision ensure that there is a fair, consistent and robust response to any allegations made, so that the risk posed to other children by an abusive individual is managed effectively facilitate an appropriate level of investigation into allegations, whether they are said to have taken place recently, at any time the person in question has been employed by/volunteered with Art of Protestensure that Art of Protest continues to fulfil its responsibilities towards members of staff, volunteers or Executive Chair who may be subject to such investigations ensure that individuals are able to continue in their role if they have been at the centre of allegations that are unfounded or deemed to be malicious in origin. This procedure applies to: any member of staff, volunteer or Executive Chair to whom an allegation of abuse has been made, that involves another member of staff, volunteer or anyone in a managerial position (including the named person for safeguarding) who may be required to deal with such allegations and manage investigations that result from them.
3.0 WHEN TO APPLY THESE PROCEDURES The procedures must be applied when there is an allegation that a person who works with children fits the following criteria: Behaved in a way which has harmed a child, or may have harmed a child; Possibly committed a criminal offence against, or related to, a child; Behaved towards a child or children in a way that indicates that they may pose a risk of harm to children; Behaved or may have behaved in a way that indicates they may not be suitable to work with children This may include behaviours towards an adult (e.g. domestic abuse or threatening behaviour); or other behaviours of a concerning nature) this is not an exhaustive list).
4.0 WHAT TO DO IF AN ALLEGATION IS RAISED? All allegations about staff, volunteers and/or agency staff should be reported without delay to the to the Designated Safeguarding Lead. Where there is a conflict of interest in reporting the matter to the Designated Safeguarding Lead, this should be reported directly to the local authority designated officer(s) (LADO). The LADO should be contacted within 1 working day of the concerns being raised. The North Yorkshire Safeguarding Children Partnership ‘Managing Allegations Against Those Who Work or Volunteer with Children’ procedures can be found here.The Safer York Local Authority Designated Officer procedures can be found hereIn an emergency, contact the police, tel: 999. If the person is not in immediate danger, contact the police, tel: 101Do not take a statement from the young person or the alleged member of staff unless asked to by Police or Children’s Social Care. As you may be asked to clarify details or the circumstances of the allegation, write a dated and timed note of what has been disclosed or noticed, said or done. The referral may require further liaison with the LADO. The organisation must not initiate an internal management investigation into an allegation against a member of staff until contact has taken place with the LADO Service. If police or other external agencies are then involved, internal management investigations should only be pursued once they have concluded. In exceptional circumstances it may be possible for a criminal investigation and an internal investigation to run concurrently but this should only be in the most severe of cases after discussion with the Police to ensure that primary evidence is not compromised. This matter is more straightforward if the member of staff has pleaded guilty to an offence. Any children involved must be offered, or signposted, to appropriate support.
5.0 WHAT WILL HAPPEN? Depending on the outcome of the LADO referral, appropriate next steps may involve: The police investigating a possible criminal offence. The local child protection services making enquiries and/or assessing whether a child is in need of support. Art of Protest following the relevant disciplinary procedures with individuals concernedThe LADO will attend any strategy meetings that are convened and liaise closely with the organisation to ensure that they are represented in the meetings and decision-making process. The LADO will also ensure that other key Local Authority agencies are informed, according to the circumstances of the case. The Designated Safeguarding Officer must determine if the allegation indicates unsuitable behaviour, as outlined within Safeguarding procedures and Code of Conduct policy. If unsure, further consultation with the LADO will be undertaken. The Designated Safeguarding Officer will co-operate with the investigating agency’s enquiries as appropriate and give consideration of employment issues and possible disciplinary action where the investigating agencies take no further action. Ensure that the young person and member of staff do not have contact while an investigation is underway. It may be asked to complete a transference of risk assessment if the concern is raised outside of their role within the organisation, e.g an allegation relating to the individual’s personal life. Employees also need to be aware that if their own child/children come to the attention of the statutory agencies for child protection, then issues of transference of risk will need to be considered by the organisation.If it is determined that thresholds have been met for further investigation, i.e a young person has been hurt or harmed or put at risk of significant harm, the Senior Manager may be asked to complete an internal investigation and specific risk assessments, to determine if further action is needed within Art of Protest. The LADO may convene a meeting, to share the outcome of the organisations internal investigation and to address whether the member of staff is suitable to continue within their role. Should the outcome of the allegation against the member of staff determine that harm has been caused, the organisation will follow their own internal procedures of disciplinary, investigation and/or hearing. As a result of a disciplinary hearing the member of staff could be asked to undertake further training, or ultimately be dismissed. A referral to the Disclosure and Barring Service (DBS) must be made if a person in regulated activity has been dismissed or removed due to safeguarding concerns or would have been had they not resigned.
6.0 MANAGING THE RISK AND SUPPORTING THE PERSON AT THE CENTRE OF ALLEGATION - The person at the centre of the allegation should be informed as soon as possible after the initial consultation with the LADO. However, if a strategy discussion with children’s social care or the police is needed, this might have to take place before the person concerned can be spoken to in full. The police and children’s social care department may have views on what information can be disclosed to the person. Only limited information should be given to the person in question, unless the investigating authorities have indicated that they are happy for all information to be disclosed or unless there is no need for involvement from these statutory agencies. The named person will need to keep in close communication with the LADO and the other agencies involved in order to manage the disclosure of information appropriately.The first priority of the school must always be the safety and welfare of children and young people. However, as an employee or volunteer, the person who is the subject of the allegation has a right to be treated in a fair, sensitive and non-judgemental manner and to have his or her privacy respected as far as this ensures the safety of the child and other children. Information about the allegation must only be shared on a need-to-know basis with those directly responsible for supervising and managing the staff member or volunteer. Any other information (for example, explanations to other staff members as to why the person is not at work or working to different arrangements) should be agreed and negotiated with the individual concerned. The situation should be discussed fully between the named person, the individual’s manager and the LADO, who will seek the views of the police and the children’s social care department on the question of possible suspension. The conclusions of the discussion should also be carefully documented. Grounds for suspension should be clearly set out if this is the conclusion. If suspension is not the conclusion, then a clear plan should be made as to how any possible risk posed by the individual is to be managed. This could involve, for example, changes to the person’s duties so that they do not have direct contact with children, and/or increased levels of supervision whilst at work. If it is decided, once the case has been concluded, that a person who has been suspended or who has taken sick leave due to the stress induced by the allegation, is able to return to work, the named person and the manager/supervisor of the person who has been the subject of the allegations should consider how best to support the individual in this process. A plan to facilitate a return should be drawn up in consultation with the individual him/herself, and should take into account the need to manage any remaining child protection risks and also to support the person.If the decision is that the person cannot return to work and has to be dismissed or chooses to resign, the named person and the LADO should discuss the need for the matter to be referred to the Independent Safeguarding Authority (ISA) and/or to any professional body to which the person may belong. Art of Protest does not enter into compromise agreements with individuals who resign following the conclusion of investigations into allegations made against them, and will always comply with its statutory obligations to share information about the individual in the interests of protecting children. If the allegation is found to be without substance or fabricated, the school will consider referring the child in question to the children’s social care department for them to assess whether he/she is in need of services or whether he/she may have been abused by someone else. If it is felt that there has been malicious intent behind the allegation, Art of Protest will discuss with the police whether there are grounds to pursue any action against the person responsible.
7.0 INFORMATION SHARING AND STORAGE - Keeping a record of the investigation. All those involved in dealing with the allegation should keep clear notes of the allegations made, how they were followed up, and any actions and decisions taken, together with the reasons for these. These notes should be compiled gradually as the situation unfolds, with each entry being made as soon as possible after the event it describes. The notes should be signed and dated by the person making them, and the person’s name should be printed alongside. The notes should be kept confidentially on the file of the person who is the subject of the allegation. Discussion should take place with the LADO to determine whether any aspects of the notes may not be shared with the person concerned. If there are no reasons not to do so, a copy of the records should be given to the individual. The notes should be held on file for a 10-year period, whether or not the person remains with the school for this period.
KEY CONTACTS - Designated Safeguarding Lead - Gemma Waygood gemma.aopprojects@gmail.com 07719160953Deputy Safeguarding Lead Jeff Clark Creative Director jeff.aopprojects@gmail.com
5.2 RELATED PROCEDURES - This policy should be read in conjunction with:Safeguarding Children and Young People Health and safety Equality, Diversity and Inclusion Safeguarding Adult Policy Anti-bullying Positive behaviour and restraint policy Managing allegations against staff and volunteersComplaints procedure WhistleblowingData protection and confidentiality Code of conductIncident and RIDDORSafer recruitment
APPENDIX 1 - Flow chartPOLICY REVIEW DATESMost recent ratification dateDate policy shared with staffProcess for confirming that staff have read and understood this policySeptember 2024 List below the procedures that you have in place to ensure that all staff have read and understood:· Staff signatures collected – stored in safeguarding training folder.· Staff training delivered on September 2024 training day – attendance register stored in safeguarding training folder.· Policy included with induction checklist for new staff – checklist stored in safeguarding training folderThis policy will be due for review in September 2027 but may be reviewed sooner if there are changes to government legislation or school practice and procedures