ScotSAC Child Protection

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Child Protection Update Jan 2009

New Legislation expected early 2010

Following the public consultation on the forthcoming Protection of Vulnerable Groups Act (PVG), Scottish Ministers have published their response.  Some points worth noting include:

The PVG process will not be up and running in 2009 as originally planned.  It is expected that it will kick in during the first half of 2010.

It is now intended that the roll out of scheme membership will be over a four year period, probably as follows:

  • New starts and those whose disclosures are three or more years old in year one;
  • New start plus retrospective checking of those not previously checked under Protection of Children Scotland Act (POCSA) criteria, in year two;
  • In years three and four, new starts plus those whose current Disclosures become three or more years old.

Scheme membership will be required by those in positions dealing with childcare or protected adults. The aim is to have the full workforce through the "scheme membership" process within four years of the process going live. ScotSAC will monitor the progress of this implementation and review its procedures to comply with the legislation.

Further details on PVG is available from
http://www.scotland.gov.uk/Topics/People/Young-People/children-families/pvglegislation

New resources made available

Child Protection in Sport, the service from CHILDREN 1ST and sportscotland have recently developed new resources in response to the needs of governing bodies and clubs. ScotSAC provided input to the development of these materials

The resources include guides on  
- Risk Assessment
- Disciplinary
- Managing a review of concerns
- Participation Toolkit

See http://childprotectioninsport.workwithus.org/Content.aspx?cid=574056

In addition there is also a new, generic poster suitable for display in Branches and is free for download from our website: http://www.childprotectioninsport.org.uk/publications_factsheets.html  

Child Protection Action Plan 2009

An action plan has now been agreed and published by ScotSAC, responding to our obligations under the 2006 Accord for the Protection of Children in Scottish Sport.       Available to download here.


Child Protection Policy Update 2008

An updated Child Protection Policy is now available, having been adopted by ScotSAC for implementation across all Branches. Branches are advised to ensure they have the latest copy of the policy and associated forms.

Changes of note include:

  • The policy and procedures now apply to all children and young people under 18 years of age.
  • Reference to Vulnerable Adults has been removed.
  • New Forms for requesting permission to photograph, reporting incidents and obtaining parental permission.
  • Updated 'Safe in care' guidelines
  • Training forms an important element in the implementation of this policy. Please see the training link below for dates.

The full policy document is available here.

Since the first version of the Scottish Sub Aqua Club Child and Vulnerable Adult Policy and Procedures was produced in 2003, great progress has been made towards making our sport a safer and more secure environment for children. Our new policy has been developed, taking account of the feedback that we have received from our partners in sport. 

ScotSAC has demonstrated its commitment to child protection by developing policies and procedures, and working with partners through the CHILDREN 1ST and sportscotland partnership- the Child Protection in Sport Service, and the Central Registered Body for Scotland (CRBS) to ensure compliance and best practice. In August 2007, ScotSAC signed up to the 2006 Accord for the Protection of Children in Scottish Sport. This accord is a pledge by governing bodies of sport to ensure that we pursue our intention to create a safe environment for Scotland’s children in and through our sport. ScotSAC participates with the Child Protection in Sport Service lead officers group to develop best practice and progress towards meeting the requirements of the 2006 Accord.

If you would like any further information please contact the Lead Child Protection Officer. If you have previous experience of implementing child protection or an interest in supporting the implementation of the new ScotSAC policy, please also contact the Lead Child Protection Officer.

Child Protection is everyone’s responsibility. Within our sport, we have opportunities for child participation and every child should have the opportunity to take part in the sport in the knowledge that he or she will be safe, secure and respected. Above all, taking part in the sport should be enjoyable and fun.

However, there is no room for complacency. We know that more needs to be done to make sure that sport is safe for all children that take part. We need to make sure that all Branches are aware of their responsibilities to protect children, and – most importantly – are actually putting the ScotSAC child protection policies and procedures into action.

As a result of these revised guidelines, we hope your will find it even simpler to implement our commitment to child protection by taking action that will ensure children can take part in your sport in a safe and enjoyable environment. They are designed to be easier to use and adapt, and they also reflect requirements in relation to new child protection legislation and guidance.

Further changes to legislation are anticipated for implementation in 2009 and beyond, with further implications for ScotSAC members. Details of these changes and updates to the policy will be provided when available.


Child Protection Training

It is recommended that Child Protection Officers from ScotSAC Branches attend an 'In Safe Hands', a 3 hour workshop from Child Protection in Sport Service.

We also recommend anyone working in a childcare role attends a ‘Safeguard and Protecting Children’, a 3 hour workshop from sportscoachUK.

Both courses are hosted by most Local Authorities in Scotland. Charges vary - some L.A.s make it free to sport coaches while others charge. However, any fee for these courses will be reimbursed (to members) by ScotSAC HQ - on production of a receipt.

Details are available from www.childprotectioninsport.org.uk/training_events.html . Please ensure you notify HQ if you attend either of the above courses in order that we are able to update our records.


Childcare Posts in ScotSAC

Within The Scottish Sub Aqua Club, the following roles are identified as Child Care Roles:

  • Branch Instructor. Appointed by: The Board via the National Diving Council
  • Regional Instructor. Appointed by: The Board via the National Diving Council.
  • Examiner. Appointed by: The Board via the National Diving Council.
  • Regional Coach (Child Care). Appointed by: The Board via the National Diving Council.

Members who have held any of the above positions prior to 2003 may continue in post without the need for an enhanced disclosure (i.e there is no current requirement for retrospective checking).

The above posts are based on existing guidance and legislation. Further changes are anticipated in 2008/2009 following changes in legislation and the implementation of the Protection of Vulnerable Groups (Scotland) Act 2007.  

The procedure for recruiting Members to the above posts is available in Section 3 of our policy.


Frequently Asked Questions

Why have we removed references to ‘Vulnerable Adults’ from these guidelines?
Over the last three years, there have been considerable developments specifically in the protection of Scotland’s children and young people. That is not to say that the protection of vulnerable adults (now referred to as ‘adults at risk’) is not important. Whilst many of the principles are the same, new legislation and Adults at Risk may be sensitive about being included in the same reference as children and young people.

Why are we defining a child as anyone under 18 years in these guidelines?
Whilst the Children Scotland Act 1995 defines a child as under 16, there are some cases where the definition of a child extends to 18 years, including the Protection of Children (Scotland) Act 2003, the Police Act 1997 and United Nations Convention on the Rights of the Child. To ensure compliance with legislation, moral obligations towards the welfare of young people, and for the purposes of best practice and consistency across the sport and the voluntary sector, this policy will apply to all those under 18 years.

The Local Authority from which we hire our pool is asking that all our Members using the pool have a disclosure.
- Is this correct?
No. ScotSAC has obtained guidance on this from relevant authorities and have reviewed the legislation. The legislation requires those in child care positions “whose normal duties include caring for, training, supervising or being in sole charge of children;” have a disclosure and the posts identified are listed in Appendix 6. This therefore does not apply to other Members using the pool facilities. Any Branch which is having difficulty in this matter is invited to contact the Child Protection Officer via ScotSAC HQ.

What training is recommended for Branch Child Protection Officers?
A role description for the post is available in Appendix 2 or on the ScotSAC Website www.scotsac.com. It is recommended that all Branch Child Protection Officers attend the ‘In Safe Hands’ workshop from the Child Protection in Sport Service. This course runs throughout the year, and dates are available from www.childprotectioninsport.org.uk/training_events.html

What training is recommended for those holding childcare positions?
Included within the ScotSAC Instructor courses are lectures on child protection, and the implementation of our policy. We also recommend anyone working in a childcare role attends a ‘Safeguard and Protecting Children’, a 3 hour workshop from sportscoachUK. Details are available from www.childprotectioninsport.org.uk/training_events.html

Who will see the contents of a disclosure certificate?
Disclosure certificates are returned from Disclosure Scotland/CRBS to the ScotSAC Lead Signatory and a copy to the individual. The ScotSAC Lead Signatory is Hazel McBride. Only the Lead Signatory will view the full disclosure. In the event of a disclosure containing relevant information, this information will be made available to the ScotSAC Child Protection Panel for consideration, with all personal information removed in order that the individual may not be identified. Only authorised persons will have access to confidential information and inappropriate disclosure of information obtained from a Disclosure Scotland check is a criminal offence.
All disclosure certificates are handled in accordance with our policy on the secure handling, use, storage and retention of disclosure information.

How will a decision be reached on my suitability for a childcare role?
An assessment of your suitability will be made based on the information included in your application form, references, disclosure and interview. This assessment will be performed by the person appointing you, or referred to the Child Protection Panel in cases where the decision is not clear. 

Does my Branch need a Child Protection Officer?
It is highly recommended that all Branches of ScotSAC, particularly those with Members under 18 years old, appoint a Child Protection Officer. It is possible to include the duties of the CPO within another role on the Branch Committee. Please ensure to inform ScotSAC HQ of the nominated CPO.

I’ve already had a disclosure check with another organisation – do I need another one?
Yes. A disclosure is only part of the recruitment and selection process and each organisation appointing an individual must request its own disclosure. Future planned changes to legislation by the Scottish Government will change this.

Will Branches in England and Ireland be covered?
The Child Protection policy is based on Scots Law as the organisation is primarily based in Scotland. Some differences exist in legislation between Scotland, England and Ireland, but are unlikely to have a significant affect on the implementation of the policy.

Why are disclosure checks not carried out before attendance on a course?
It is not possible or permitted to carry out a disclosure check prior to a candidate being considered for a post.

What happens if I am not appointed?
If you have applied for a childcare post and are not appointed, you will be notified must not act in any childcare role within ScotSAC. The self declaration form asks candidates to declare relevant criminal convictions and the role job descriptions make it clear that a disclosure check is part of the selection process. Candidates who give false information on their self-declaration form will dealt with in line with the disciplinary procedure.

Is everyone wishing to take photos on ScotSAC activities required to complete a permission form?
No. This form must be completed by individuals seeking permission to use camera or video equipment to photograph or video activities involving children within ScotSAC. Therefore, Members who are taking photos of other diving activities or marine life, not including those under 18 years old do not need to request permission.

Are you planning to check those already in roles identified as childcare roles?
We do not plan to do this immediately. At this time the Scottish Executive does not encourage organisations to run retrospective checks on existing staff or volunteers working with Children, young people, and Adults at Risk. However Section 11(3)(b) of the Protection of Children (Scotland) Act 2003 is still to be implemented and brings into the legislation the requirement to check retrospectively. It is anticipated that this will take commence in the next 3-5 years.

What if I complete all elements of my Instructor award, but do not complete a satisfactory enhanced disclosure?
It is a requirement for all new appointments to positions listed in Appendix 6 to have obtained an enhanced disclosure and any Member failing to submit the necessary paperwork or receive a satisfactory disclosure will not be appointed to the position and acting in such a role will be dealt with in accordance with our disciplinary procedures.
 
If your query is not answered here, or elsewhere in the policy, please contact the ScotSAC Lead Child Protection Officer childprotection@scotsac.com


Photographs

Details of the procedure on the use of photographs of children, is available in our Code of Conduct. If you wish to take photographs or videos of activities involving children, you must complete this form at least 14 days in advance of the event.


Responding to Concerns

It takes considerable courage for a child or adult to disclose abuse. Disclosures need to be handled very carefully and sensitively to avoid causing further distress to the child. All concerns must be responded to in a way that ensures that a child receives appropriate help and support and to ensure that appropriate action is taken against those who pose a risk to children and to protect not only the child involved but all other children.

It is not the job of anyone in The Scottish Sub Aqua Club to decide whether or not a child has been abused. It is however, everyone’s responsibility to report concerns

Section 4 deals with all aspects of what you should do if you have concerns about a child (pg 21), or the conduct of a member of staff or volunteer (pg 24). This section includes a flowchart (pg 23) showing the steps to be taken if a child discloses information to you and a second flow chart (pg 29) for action where you have concerns about staff or a volunteer.


Code of Conduct

A Code of Conduct has a number of important functions. It:

  • sets out what behaviour is acceptable and unacceptable
  • defines standards of practice expected from those to whom it applies
  • forms the basis for challenging and improving practice
  • helps to safeguard staff by encouraging them to adhere to agreed standards of practice
  • sets out for children and parents the standards of practice which they and the organisation should expect from those who work/volunteer with children

 The Scottish Sub Aqua Club supports and requires all members to observe the following standards of practice, including verbal and non-verbal actions when in involved in activities with children.

All concerns about breach of this Code of Conduct will be taken seriously and responded to in line with The Scottish Sub Aqua Club Complaints Policy, Performance Management, Disciplinary Procedure and/or Procedure for Responding to Concerns about Child Abuse.

 Good Practice
  • Make sport fun, enjoyable and promote fair play.
  • Treat all children equally, with respect, dignity and fairness.
  • Involve parents wherever possible.
  • Build balanced relationships based on mutual trust that empower and include children in the decision-making process.
  • Always work in an open environment. Avoid private or unobserved situations.
  • Put the welfare of each child first before winning or achieving performance goals.
  • Be an excellent role model including not smoking or drinking alcohol in the company of children.
  • Give enthusiastic and constructive feedback rather than negative criticism.
  • Recognise the developmental needs and capacity of children and avoid excessive training and competition, pushing them against their will and putting undue pressure on them.
 Practice to be Avoided

In the context of your role within The Scottish Sub Aqua Club, the following practice should be avoided:

  • Having ‘favourites’ – this could lead to resentment and jealousy by other children and could be misinterpreted by others.
  • Spending excessive amounts of time alone with children away from others.
  • Entering children’s bedrooms on trips away from home, unless in an emergency situation or in the interest of health and safety.  If it is necessary to enter rooms, alert the occupants by knocking and announcing your intention to enter. The door should remain open, if appropriate.
  • Where possible, doing things of a personal nature for children that they can do for themselves.
Practice never to be sanctioned

In the context of your role within The Scottish Sub Aqua Club, the following practices will never be sanctioned:

  • Engaging in sexually provocative games, including horseplay.
  • Engaging in rough or physical contact except as permitted within the rules of the sport.
  • Forming intimate emotional, physical or sexual relationships with children.
  • Allowing or engaging in touching a child in a sexually suggestive manner.
  • Allowing children to swear or use sexualised language unchallenged.
  • Making sexually suggestive comments to a child, even in fun.
  • Reducing a child to tears as a form of control.
  • Allowing allegations made by a child to go unchallenged, unrecorded or not acted upon.
  • Inviting or allowing children to stay with you at your home.
  • Coaches and other leaders sharing a room alone with a child for sleeping accommodation.

Some residential facilities offer dormitory sleeping arrangements where leaders may be required to share with children. In such circumstances organisers must ensure that at least two adults who have been recruited and selected using the recommended procedure are present, preferably one male and one female, and that such arrangements have been discussed and agreed with children and parents in advance.

In some circumstances older children may be required to share rooms with senior team mates (i.e. over 18s). If this is necessary, it should be discussed and agreed in advance with the young person and the parents (where appropriate and practicable).  The young people involved should also be aware of whom they should speak to if they have any worries or concerns during this time.


Parental Permission

Where practicable all parents of children under 16 should be asked to complete a Partnership with Parents form before their child participates in snorkelling or diving. A copy of this form is available here.