E.S.M.B.A. Information Pack

Child Protection Act - 16

Safeguarding Children and Vulnerable Adults With regard to child protection, the English Short Mat Bowling Association (ESMBA) is included under the umbrella of the ABC Joint Panel for the Protection of Children and Vulnerable Adults. We adhere to the principals and procedures adopted by the Bowls Governing Bodies Joint Panel for the Protection of Children and Vulnerable Adults. As such, we recognise and acknowledge our joint and several responsibilities to establish policies which promote and encourage affiliated counties and clubs to adopt the highest possible standards of care towards children and other vulnerable people participating in the Game of Bowls. We believe that everyone has a duty of care towards the children and other vulnerable people, with whom they have contact, and to safeguard and protect them from abuse. This is both a moral and legal obligation. Everybody, whether administrator, official, coach, or bowler, involved in working with children, young people and the vulnerable adults has a responsibility to be informed about, and be able to recognise the different forms of abuse. They also need to know what precautions or steps should be taken for its prevention and what action to take if an incident occurs. In doing so it offers help and advice to Affiliated Clubs and County Associations, who are introducing procedures for child protection in their own locality; it will also seek feedback on their experiences. Those ESMBA and County Officials having any supervision duties of Junior Bowlers, running of Competitions for Under 18s and Junior County Teams where the majority of the players are under 18 must go through the C.R.B. Disclosure procedure. Details of the Disclosure scheme can be obtained from the ESMBA CPO. Any Allegations in respect of Child Protection should be referred to the County Child Protection Officer or the County Secretary who will refer to the National Child Protection Officer. Comprehensive guidance and advice in respect of the protection of children and vulnerable adults can be found at www.bowlschildprotect.co.uk This includes a useful simple guide for those new to the process at both county and club level. Any club requiring a copy of the simple guide should contact the ESMBA Secretary/CPO. SAFEGUARDING CHILDREN AND VULNERABLE ADULTS A Guide for Affiliated Counties and Clubs September 2011 INTRODUCTION The ESMBA does not make the law but is responsible for implementing it. In order to safeguard Affiliated Counties and Clubs, the following guidance has been prepared to advise Counties and Clubs of the ESMBA's agreed policy on Safeguarding Children and Vulnerable Adults. This guidance notes provides some simple guidance in the following areas: 1.

DISCLOSURE AND BARRING SERVICE (DBS) 1.1

What is a DBS check?

1.2

Why is a DBS check necessary?

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1.3

DBS checks explained

1.4

Who should have a DBS check?

1.5

Statement on use of other DBS clearance providers 1.6 Update on Safeguarding Vulnerable Groups Act (SVGA) 2006

1.7

How long is a DBS check valid?

2.

ROLES AND RESPONSIBILITIES

3.

2.1

Club Child Protection Officer

2.2

Coaches

2.3

DBS Checklist

DEFINITIONS 3.1

What is a Child?

3.2

What is a Vulnerable Adult?

4.

NOTICE OF INTENT

5.

USEFUL CONTACTS

1.

DISCLOSURE AND BARRING SERVICE (DBS) 1.1

What is a DBS check?

The Disclosure and Barring Service (DBS) is an Executive Agency of the Home Office that provides access to criminal record information and to the lists of those people barred from working with children and vulnerable adults through its Disclosure service. This service enables organisations to make safer recruitment decisions by identifying candidates who may be unsuitable for certain work, paid and unpaid, that involves children or vulnerable adults. This service is NOT available for people who are not in particular roles with children or Vulnerable Adults and it is not legal to seek Disclosures for those not ‘eligible’ for such checks. 1.2

Why is a DBS check necessary?

The DBS was established under Part V of the Police Act 1997 and was launched in March 2002. It is the only safe, reliable and legal way to access information held by the Police and other agencies which may indicate that a person may be a risk to children or Vulnerable Adults. 1.3

DBS checks explained

Each DBS check and the subsequent decision made on it is an individual piece of work. This means that although a person may have been deemed ‘fit’ to carry out the duties in one particular role (i.e. at work) following a DBS check, it DOES NOT mean they are automatically suitable to work within your club. It’s important to also recognise that any DBS •

Is only as good as the day it is issued. Somebody may come to your Club with a clear Disclosure from another organisation but may have obtained this prior to a recent serious or relevant offence.

•

May not have been quality assured. For example if the date of birth or post code is incorrect the check will not be accurate.

•

May have had ‘additional information’ released to the employer who requested the check and which is not visible on the applicant’s copy. This information is private and only for the employer

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that requested the DBS. The applicant will not know about it. In a worse case scenario such information may indicate the person is currently being monitored and considered as a risk but the check shown to you by the new member may be clear of any criminal history. If a Club or Association relies on a previously issued Disclosure it should carefully assess the degree of risk in not obtaining up to date information on the applicant. The CRB does not recommend this process and does not endorse it. For more information please see www.crb.gov.uk and select Portability from ‘Quick Links’ Example One: A new member joins your club from another area of the country and says they have a current DBS certificate issued through a previous employer. They volunteer to become a driver for your junior section. The ESMBA carries out a new check and finds they have several convictions for drink-driving over many years making them unsuitable for driving Bowls Junior sections. This does not mean the previous employer made a wrong decision; it simply means that The ESMBA finds that this particular person is not ‘fit’ for this particular role. Under our ‘Duty of Care’ we have to ensure that the person is ‘fit for purpose’. Example Two: A new member joins your club and shows you their Disclosure from August 2008. It is clear of any information and you encourage them to work with the Junior Section. Later you hear a rumour that they were convicted for downloading indecent images of children in October 2008. A new DBS would have shown The ESMBA this information and they could have prevented them from helping with children. On this occasion you may find the person has been active in your club for many months before the risk is known. Example Three: The new person shows you a clear Disclosure. You do not know whether or not there was ‘Additional Information’ released with that Disclosure. This person may for example be mixing with known offenders or having their computer monitored. This will not show on their copy of the Disclosure and again you may be unknowingly accepting a high risk person in to the Club. Obtaining a fresh Bowls Disclosure gives the club renewed assurance that all issues have been examined. The ESMBA uses the services of BCGBA DBS as its umbrella body for DBS checks. By using this service The ESMBA offers clubs a dedicated and confidential method of compliance. The ESMBA RECOMMENDS that all DBS checks are conducted using the services of BCGBA DBS, which means clubs can be sure that the correct checks have been taken and that all relevant information regarding the applicant for the position applied for is received. By using this process, The ESMBA and its Counties and clubs can act appropriately should any information be received regarding the applicant. It is NOT however necessary to have a new check on a ESMBA Member who has already had a ESMBA DBS check in another Club or area. The ESMBA can tell you whether or not that person has had an acceptable check. All Clubs and Counties approached by people who tell you they already have a ESMBA check can ensure the process has been completed by contacting The ESMBA National Child Protection Officer. Contact details are shown in Section 5 of this Guidance. DBS Disclosure Application forms are available from Keith Hawkins at the ESMBA on 07588880599 or email: [email protected] BCGBA DBS currently charge the ‘Family of Bowls’ £12.00 for each DBS check. 1.4

Who should have a DBS check?

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The ESMBA has agreed that it is MANDATORY that people in the following categories who regularly teach, train, supervise and/or are in sole charge of a child and/or vulnerable adult should have a DBS check. Regular contact is defined as ‘Frequently’ (once a month or more); ‘Intensively’ (2 or more days in every 30 day period) and/or ‘Overnight’ (any activity between 12am and 6am). •

ESMBA Officials (including Team Managers/Selectors and Competition Organisers )

•

Club Child Protection Officer

•

County Child Protection Officer

•

National Child Protection Officer

•

Any other person who has or is likely to have regular and relevant contact with children and/or vulnerable adults. Examples include Junior Coach/Junior Team Manager/ regular driver for the Junior Team.

1.5

Statement on use of DBS Disclosure services provided by local organisations.

Clubs should be aware that if they do this they are fully responsible for Code of Practice requirements, proper identity checking, the receipt, secure use and disposal of the Disclosure and for the management of any information released to them. In addition they may not share the Disclosure content with anyone else in bowls. If the Disclosure reveals adverse information indicating that the applicant poses a risk to the vulnerable, it is the sole and personal responsibility of the members of the Club Committee to decide how that risk is managed. The ESMBA is prohibited from any use of the information disclosed and thus will be unable to assist them. We are confident that using the ESMBA DBS route protects you, and your club, from this and enables The ESMBA to manage a nationwide system to protect children and vulnerable adults through consistent decision making, record keeping and information sharing across the sport, plus enforcement of supervision and suspensions when necessary. THE ESMBA WILL NOT BE HELD RESPONSIBLE FOR ANY CLUB OR COUNTY THAT CHOOSES TO USE THE SERVICES OF ANOTHER THIRD PARTY PROVIDER OR TO RELY ON A DISCLOSURE NOT ISSUED THROUGH BCGBA FOR THE SPORT OF BOWLS. 1.6

Update on Safeguarding Vulnerable Groups Act (SVGA) 2006

The SVGA is a new Act, with phased implementation from July 2010, to prevent unsuitable people from working or volunteering with children or vulnerable adults. Although final details are still being finalised, The ESMBA understands The Act will have little impact on Members who use The ESMBA’s recommended route to process DBS Disclosures as ISA registration can be included as part of the DBS process through BCGBA. The ESMBA is currently awaiting sector specific guidance from the Government and will work with the Child Protection in Sport Unit to ensure appropriate understanding and roll out of the scheme. 1.7

How long is a DBS check valid?

The ESMBA has agreed that DBS checks conducted for the sport of bowls through BCGBA DBS are valid for a period of three years from date of issue. The ESMBA reserve the right to seek a check at any point if it has reason to believe there has been a cause for concern or further offending by any individual. 2.

ROLES AND RESPONSIBILITIES

2.1

Club Child Protection Officer

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The ESMBA RECOMMENDS all clubs should have a CLUB CHILD PROTECTION OFFICER, whose duties should include: •

To be responsible for Young People and Vulnerable Adults

•

To act as a point of referral for concerns for Club Members

Each club only requires ONE Club Child Protection Officer. Small clubs with less than 20 members may choose to share this role with another local club. The Club Child Protection Officer DOES NOT need to be present at the club at all times that children and/or vulnerable adults are present. The Club Child Protection Officer DOES need to receive Criminal Disclosure and Barring (DBS) clearance through The ESMBA. The ESMBA has agreed that it is MANDATORY that all clubs, regardless of size, providing any of the following, or similar, activities must have a CLUB CHILD PROTECTION OFFICER. •

Youth programmes

•

School links

•

Activities for vulnerable adults

•

Junior tournaments

•

Any other frequent/intensive activities for children and/or vulnerable adults 2.2

Coaches

It is MANDATORY that all coaches/helpers, regardless of level, who have regular contact (see 1.4) with Children and Vulnerable Adults at ESMBA Affiliated Clubs MUST have a CURRENT CRB CLEARANCE OBTAINED THROUGH The ESMBA. 2.3

DBS Checklist

The following checklist is designed to advise Clubs and Counties which individuals require DBS clearance through The ESMBA. ROLE/RESPONSIBILITY BE DBS RECOMMENDED OR MANDATORY The ESMBA Officials (including Team Managers/ Selectors/Competition Organisers) Recommended (Mandatory for those who have regular contact with children and vulnerable adults as outlined in 1.4) Club Child Protection Officer Recommended (Mandatory in all clubs providing activities for children and vulnerable adults outlined in 2.1) County Child Protection Officer Mandatory National Child Protection Officer Mandatory Any other person who has or is likely to have regular and relevant contact with children and/or vulnerable adults. Examples include Junior Coach/Junior Team Manager/regular driver for the Junior Team Mandatory Coaches/helpers, regardless of level, who have regular contact (see 1.4) with Children and Vulnerable Adults at ESMBA Affiliated Clubs Mandatory 3.

DEFINITIONS 3.1

What is a Child?

The Children’s Act 1989 defines a child as any male or female person aged under 18 years of age. 3.2

What is a Vulnerable Adult?

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There are various definitions of Vulnerable Adult but for the purposes of DBS at present it is currently defined as: A vulnerable adult for the purposes of an Enhanced Check is a person aged 18 or over who receives services of a type listed in paragraph 1) below and in consequence of a condition of a type listed in paragraph 2) below, has a disability of a type listed at 3) below. 1) The services are: a) accommodation and nursing or personal care in a care home, b) personal care or support to live independently in his or her own home, c) any services provided by an independent hospital, independent clinic, independent medical agency or National Health Service body, d) social care services; or e) any services provided in an establishment catering for a person with learning difficulties. 2) The conditions are: a) a learning or physical disability, b) a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs; or c) a reduction in physical or mental capacity. 3) The disabilities are: a) a dependency upon others in the performance of, or a requirement for assistance in the performance of, basic physical functions, b) severe impairment in the ability to communicate with others, or c) impairment in a person’s ability to protect him or herself from assault, abuse or neglect. From October 2009 the eligibility criteria will expand to include more positions. This will mean that many more people posing a risk to the vulnerable will be checked and prevented from working with vulnerable groups. The ESMBA will advise you nearer the time of these changes. As it can be difficult to decide who is and who is not a Vulnerable Adult, The ESMBA recommends you contact the ESMBA National SafeguardingOfficer directly before seeking a check. Please telephone Keith Hawkins directly on 07588880599 4.

NOTICE OF INTENT

The ESMBA gives ‘Notice of Intent’ to change its Regulations with regard to Safeguarding Children and Vulnerable Adults as follows: Regulation 3 – Safeguarding Children and Vulnerable Adults Policy 3.5 (h) All categories of Membership shall have in place an appropriate policy for the safeguarding children and vulnerable adults while on their premises. A statement of the policy shall be prominently displayed at their premises. Regulation 7 - Safeguarding Children and Vulnerable Adults 7.3 It is a legal requirement on The ESMBA that all Members providing activities for children and vulnerable adults shall have in place a policy for safeguarding them. They shall appoint a Safeguarding Officer to administer their policy who will be required to be cleared through The ESMBA by the Disclosure and Barring Service (DBS) and Independent Safeguarding Authority (ISA).

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MEMBERS WHO DO NOT PROVIDE SUCH ACTIVITIES AND DO NOT INTEND TO DO SO, ARE NOT REQUIRED TO MEET THE PROVISIONS OF THIS REGULATION BUT ARE ADVISED TO ADOPT THE ESMBA's CHILD AND VULNERABLE ADULT SAFEGUARDING POLICY STATEMENT. Copies of the Statement will be circulated to all Affiliated Clubs. 5. USEFUL CONTACTS Barry Hedges ESMBA Chairman T: 017788 414311 E: [email protected] W: www.esmba.co.uk Vacant ESMBA Safeguarding Officer T: 01903 533977 W: www.esmba.co.uk NSPCC Child Protection in Sport Unit (CPSU) T: 0116 234 7278 E: [email protected] W: www.nspcc.org.uk The ESMBA wishes to acknowledge the support of BCGBA DBS and the CPSU in the production of this guidance.

Volunteer Whistleblowing The National Governing Bodies of Bowls are committed to creating and maintaining the safest possible environment for adults, children and young people to participate in Bowls and recognise their responsibility to promote a safe environment for any concerns to be reported without fear of reprisal. Whistle blowing is an early warning system. It is about revealing and raising concerns over misconduct or malpractice within an organisation or within an independent structure associated with it. The Public Interest Disclosure Act 1998 protects those who raise legitimate concerns about specified matters. It makes provision about the kinds of disclosure that may be protected and the circumstances in which disclosures are protected. This policy is therefore intended to comply with the Act by encouraging everyone in Bowls to make disclosures about fraud, misconduct or wrongdoing in the sport of Bowls and anyone within it, without fear of reprisal, so that problems can be identified, dealt with and resolved quickly. Principles •

Everyone should be aware of the importance of eliminating fraud or wrongdoing, report anything that you become aware of that is illegal.

•

You will not be victimised subject to detriment or dismissed for raising a legitimate matter under this procedure.

•

Covering up someone else’s wrongdoing is also a disciplinary offence. Never agree to remain silent about a wrongdoing, even if told to do so by someone in authority.

•

You will not be penalised for raising a qualifying disclosure even if it is not upheld, unless the complaint was both untrue and made in bad faith.

•

It is not the responsibility of the person reporting the disclosure to investigate. It is the National Governing Bodies of the sport of Bowls responsibility to investigate.

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•

Confidentiality should be upheld in line with legislation and government guidance. Confidentiality will be maintained during the process to the extent that it is practical and appropriate in the circumstances.

•

Finally, maliciously making a false allegation is a disciplinary offence. Objectives of the Policy

•

All club and county members, committee members, coaches, volunteers and parents should have an understanding of whistle blowing.

•

All club and county members, committee members, coaches and volunteers should know where to access the National Governing Bodies policy, club or county policy for whistle blowing and follow it when anything is reported.

•

All players and parents should be aware of the policy of the National Governing Body, club or county and of what action should be taken when legitimate concerns arise.

•

Individuals should be assured that they will be supported when concerns are reported. Qualifying Disclosures

The National Governing Bodies of Bowls would expect its members or participants to report any of the following: •

A criminal offence (including fraud)

•

A failure to comply with a legal obligation

•

A miscarriage of justice

•

The endangering of an individual’s health and safety

•

Damage to the environment

•

Deliberate concealment of information relating to any of the above

Where the nature of the disclosure is not included in the above list, it should be made by way of the organisation’s Grievance Procedure and/or Safeguarding and Protecting Children and Vulnerable Adults in the National Governing Bodies policy and not under the Whistle Blowing procedure. Your belief must be reasonable, but it need not be correct. It might be discovered subsequently that you were in fact incorrect, but you must be able to show that you held the belief in good faith and that it was a reasonable one to hold in the circumstances at the time. Disclosure Procedure •

If you wish to make a qualifying disclosure you should in the first instance report the situation to an appropriate manager/person.

•

Such disclosures should be made promptly so that investigation may proceed and any action taken quickly.

•

All qualifying disclosures will be taken seriously. The disclosure will be promptly investigated and as part of the investigatory process, you will be interviewed and asked to provide a written statement setting out the nature and details of your qualifying disclosure and the basis for it. Confidentiality will be maintained during the process to the extent that it is practical and appropriate in the circumstances. In order to investigate a disclosure the National Governing Bodies of Bowls must be able to determine the scope of the investigation and the individuals who should be informed about the disclosure. The National Governing Bodies reserve the right to appoint another investigator to investigate the disclosure other than the designated person to whom you reported.

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•

Your National Governing Body may ask you to attend a meeting at a reasonable time and place at which your disclosure can be discussed. You should take all reasonable steps to attend that meeting and you have the right to bring with you an appropriate other individual of your choice.

•

Once the investigation has been conducted and completed you will be informed in writing of the outcome and your National Governing Body’s conclusions and decision as soon as possible.

•

If you wish to appeal against your National Governing Body’s decision, you must do so in writing within five working days of the decision. On receipt of an appeal a senior officer or member of the Case Management Group shall make arrangements to hear your appeal. Your National Governing Body may ask you to attend a meeting at a reasonable time and place at which your appeal can be discussed. You should take all reasonable steps to attend that meeting and you have the right to bring with you an appropriate other individual of your choice.

•

Following your National Governing Body hearing your appeal, you will be informed in writing of the outcome and their conclusion and decision within five working days.

•

Once the National Governing Body decision has been finalised, any necessary action will be taken. If no action is taken, the reason will be explained to you.

•

If, on conclusion of the above stages, you reasonably believe that appropriate action has still not been taken, you may report the matter to the proper authority in good faith. The Act sets out a number of prescribed bodies or person/s to which qualifying disclosures can be made. However, the National Governing Bodies always encourage members and staff to raise their concerns directly in the first instance, rather than externally. This enables issues to be dealt with promptly and speedily. Implementation

The implementation of this policy is mandatory and will be supported by an appropriate time-phased implementation plan to ensure compliance and effective delivery.

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