Music Support Policies - Music Support

SAFEGUARDING CHILDREN AND ADULTS AT RISK POLICY

Background

Music Support UK (MSUK) believes safeguarding is everyone’s business. We are committed to safeguarding the welfare of children and adults, and require all staff, volunteers and partners to share this commitment; all have shared responsibility for ensuring the implementation of this policy and linked documents to help ensure that no one comes to harm due to our action or inaction.

This policy is intended:

to contribute to the safety and well-being of everyone engaging with MSUK’s services

to safeguard all staff and volunteers who work at MSUK and to preserve the reputation and good standing of the organisation

to provide an overview of our approach to safeguarding.

This policy should be read alongside MSUK’s Safeguarding Procedures document which defines the process that should be undertaken in the event of any safeguarding concern.

Scope

This policy covers both ‘adults at risk’ and children – MSUK recognises its responsibility for safeguarding children and other adult family members of service users as well as its direct work with children/young people now or in the future.

An ’adult at risk’ is any adult (18 years or older) who has care and support needs and is experiencing or is at risk of abuse, neglect or exploitation. A child is anyone under the age of 18, who by the age at least is defined as vulnerable.

 For the purpose of this policy, references to ‘staff’ include employees, temp staff, contractors and freelancers, ‘volunteers’ include seasonal/bank volunteers and trustees. References to service users includes all those who have made contact with MSUK and/or benefitted from their services.

Implementation

The organisation will collectively manage risks and reduce the likelihood of abuse by:

the provision of up-to-date safeguarding policies and procedures that reflect current safeguarding legislation and guidance

operate in line with Local Authority safeguarding policies and procedures

having robust safer recruitment and selection procedures

promoting and using safer working practices

the provision of induction and ongoing training for staff and volunteers

developing and maintaining a culture of vigilance and risk management

To be effective, we at MSUK underpin the above with:

up to date and accessible framework of policies and procedures that support safeguarding

robust Risk Assessment processes

clear reporting and communication systems and clear lines of accountability

an effective recruitment and vetting process and safer working practices

clear guidance for staff and volunteers on expected behaviours and standards (Staff/Volunteer Code of Conduct)

thorough induction process for all new staff and volunteers including safeguarding policy and practice and ongoing training/CPD relevant to the role

appropriate and effective supervision and support for staff and volunteers

regular review and monitoring of policy and procedure, including Board ratification

effective interagency information sharing – we recognise that safeguarding is a shared responsibility with the need for effective joint working between agencies and professionals

We require all staff and volunteers to confirm their understanding and commitment to this policy, and all versions hereafter.

Definitions

Safeguarding is about protecting children, young people and adults at risk of abuse and neglect and keeping them safe. It involves identifying children and adults who may be at risk of abuse or neglect and supporting them and other agencies in order to protect them from avoidable harms.

Safeguarding children

In ‘Working Together to Safeguard Children 2018’ safeguarding and promoting the welfare of children is defined as:

protecting children from maltreatment;

preventing impairment of children’s mental and physical health or development

ensuring that children grow up in circumstances consistent with the provision of safe and effective care; and

taking action to enable all children to have the best outcomes.

Safeguarding adults at risk

The Care Act 2014 describes Safeguarding adults as being the process of protecting adults with ‘care and support needs’ from abuse or neglect. This includes where an adult may pose a risk to self. The aims of adult safeguarding, in relation to MSUK, are to:

stop abuse or neglect wherever possible;

prevent harm and reduce the risk of abuse or neglect to adults with care and support needs;

safeguard adults in a way that supports them in making choices and having control about how they want to live;

promote an approach that concentrates on improving life for the adults concerned;

provide information and support in accessible ways to help people understand the different types of abuse, how to stay safe and what to do to raise a concern

address what has caused the abuse or neglect (if appropriate)

in general promoting adult’s wellbeing in all policy and practice

Underpinning guidance and legislation

Relevant legislation and guidance that has informed the policy has included, but not limited to Children’s Act 1989 & 2004, Working Together to Safeguard Children 2018, Mental Capacity Act 2005, Care Act 2014, Human Rights Act 1998, General Data Protection Regulation (GDPR) 2018, Safeguarding and Protecting People for Charities and Trustees 2022, The Safeguarding Vulnerable Groups Act 2006, Sharing Information 2015, Child Protection and Safeguarding Policy Education Scotland 2021, Social Services and Wellbeing Act (Wales) 2014, Cooperating to Safeguard Children and Young People in Northern Ireland 2017.

This policy is written in accordance with English and Welsh legislation, however there are some differences across the UK. Appendix 1 details key differences in Scotland and Northern Ireland’s legislation.

MSUK and its Board of Trustees ensure they meet their responsibilities as defined by the Charity Commission – identifying and managing risk; having suitable polices and practice in place; carrying out necessary checks; protecting our staff and volunteers; handling and reporting incidents appropriately, as well as the requirement to report serious incidents. Trustees are aware of and will comply with the Charity Commission guidance on safeguarding and protecting people and also the 10 actions trustee boards need to take to ensure good safeguarding governance. 

Safeguarding governance roles and responsibilities

Music Support UK will ensure that it has arrangements in place to fulfil its commitment to safeguard and promote the welfare of both children and wellbeing of adults who may be vulnerable and at risk of abuse or neglect in the same way as statutory bodies and the public sector. A clear structure of Safeguarding accountability supports everyone within the organisation to understand their individual responsibilities for safeguarding. The Board of Trustees has overall responsibility for ensuring that individuals are aware of and understand the principles of this policy. 

MSUK has nominated Georgina Levers as the Designated Safeguarding Lead, Eric Mtungwazi as Deputy Designated Safeguarding Lead, and Matt Thomas as the nominated Trustee lead for Safeguarding. For any queries regarding this policy or overall safeguarding practice, or regarding safeguarding incidents, they can be contacted by:

Georgina Levers Mobile: 07714 163633 Email: georgina.l@musicsupport.org

Matt Thomas Mobile: 07968 626 987 Email: matt@musicsupport.org

Overview of all staff/volunteers safeguarding responsibilities:

Be alert to signs and indicators that someone may be at risk of, or experiencing harm.

Report signs of abuse or concerns, report disclosures of abuse.

Refer concerns to any relevant agency, such as the police, social care, or the DBS service as relevant, even if the staff member or volunteer has left the role.

As far as possible, involve the adult/child in every step of reporting, obtaining consent wherever possible.

Help to prevent or minimise circumstances which can increase the risk of abuse.

Empower individuals to have open conversations about safeguarding, their health and state of mind. Appropriately challenge unacceptable views, attitudes, or behaviours.

Making notes on incidents, contributing to any referrals, enquiries, investigations or actions.

Attend the training and development opportunities regarding safeguarding at MSUK

Read, understand, and commit to this policy, and any following versions.

Overview of MSUK’s safeguarding responsibilities

We have clear written policy and procedures for dealing with situations where there is a concern about a child or adult which set out the processes for sharing information with the Designated Safeguarding Lead(s) at MSUK and referral onto external agencies as required.

We recognise our responsibility to report concerns to an appropriate body, and to share information and work with other agencies and local councils.

MSUK has trained and informed staff to deal with any reported incident or concern.

We have clear written procedures for dealing with situations where allegations are made against a member of staff or a volunteer in our organisation, which set out the processes for sharing information with other professionals and which state that we will refer to the DBS and Local Authority Designated Officer (LADO) when appropriate.

We have clear written record keeping, reporting and DBS and medical disclosure procedures.

MSUK ensures at least two staff members are appointed as Designated Safeguarding Leads, who have special responsibility for ensuring that safeguarding issues are resolved and reported in accordance with procedure. We ensure there is out of hours support at all times, by phone to a senior member of staff/DSL.

Recruitment and selection

Music Support UK will ensure that as far as is possible, all staff and volunteers are safe and trustworthy to work with children and adults at risk by enforcing robust recruitment procedures and complying with all relevant guidance and legislation.

All new staff and volunteer positions will make it clear in advertisements and application forms of the need to undergo and clear an enhanced DBS disclosure check and include a statement of our commitment to safeguarding. This is in the following recruitment and selection processes/documents:

publicity materials

job/role advertisements

recruitment websites

candidate information packs

job/role descriptions and person specs

induction training

supervision and appraisal

Our commitment to safeguarding will also be shown by our inclusion of this safeguarding policy on our www.musicsupport.org

MSUK will ensure a formal application process including the submission of application forms (not CVs), panel shortlisting and interviews, and safeguarding questions incorporated in all interviews.

Suitable references will be sought for all appointments, and relevant DBS checks will be conducted on all those eligible (see DBS guidance) for example those in regulated activity with children/adults, or manage those who do so.

Formal offers will be made conditional to the satisfactory completion of pre-employment checks , i.e. identity, references, qualifications, right to work in the UK and DSB certificate checks. .

We will conduct specific risk assessments that address the risks and individual needs of working with children or adults at risk for all of its activities and contact with beneficiaries.

We are a proud equal opportunities employer, as detailed in our Equality and Inclusion policy. MSUK encourages diversity across its staff and volunteer base, welcoming applications from all adults.

Effective safeguarding culture

At MSUK we recognise the need to ensure safeguarding is a constant thread running through all our work if we are to provide a safe environment and safer organisation. We will do this by:

championing safeguarding across all our work, from strategy to day-to-day management

ensuring safeguarding is a standing agenda item at all relevant meetings, including Board meetings, with adequate reports made available

allocating safeguarding roles to staff and trustees, and ensuring they have the support, training and resource to effectively carry them out

safeguarding forming part of the organisational risk register

monitoring the working practice of staff and volunteers not less than once per year through appraisals to ensure the requirements of safeguarding policy and practice are being met.

Training and development

MSUK supports all those working with or encountering children and/or adults at risk in their duties to undertake basic Safeguarding Awareness training, refreshed every 2 years.

MSUK currently has a Designated Safeguarding Lead (Head of Service Development and Delivery) and a Deputy Designated Safeguarding Lead (CEO). They are required to attend DSL refresher training every 2 years. As part of the role they are also to develop their knowledge through regularly accessing further training, articles, forums, conferences, newsletters, mentoring etc. Responsible for reporting to external agencies and overseeing MSUKs safeguarding frameworks as part of the Board, MSUK will consider its Trustee Safeguarding Lead also being included in the above.

It is a future expectation that the Board of Trustees attend relevant safeguarding training refreshed, at a minimum, every 2 years.

All staff and volunteers will receive safeguarding training appropriate to their role. This should be refreshed every 2 years at a minimum.

Only the staff or volunteers who have received the training can work directly with children or adults at risk

Safeguarding training and development is an ongoing process and not a one-off event.

Consent and capacity

It is a fundamental principle of UK law that adults have the right to make decisions on their own behalf and are assumed to have the capacity to do so. This extends to decisions that may entail personal risks and that may not be in accordance with yours/an objective view of their best interests. MSUK will:

assume a person has the capacity to make a decision themselves, unless it’s proved otherwise (not including if it is felt they have made previous unwise decisions)

wherever possible, help people to make their own decisions

obtain consent whenever possible

if there is a situation where we are required to make a decision for someone who is assessed to not have capacity, it must be in their best interests, and the least restrictive of their basic rights and freedom

See also Appendix 8 of these Safeguarding Procedures for more information

Sharing information

Personal information held by MSUK is subject to a legal duty of confidentiality and will not normally be disclosed without the consent of the individual. However, MSUK recognise that information sharing internally and between key organisations is essential to safeguard children and adults at risk of abuse, neglect and exploitation. Fears about sharing information cannot be allowed to stand in the way of the need to safeguard and promote the welfare of children and adults at risk.

MSUK will ensure that confidential information is only shared where it is lawful and ethical to do so. In situations where the safety of a child or vulnerable adult is believed to be at risk, confidential information may be shared internally with colleagues at MSUK on a ‘need to know’ basis only.

With sharing information outside of MSUK, beneficiaries, staff and volunteers have a right to expect that their personal information is not shared or that their consent is obtained before sharing. However, there are exceptions to this:

where there are concerns that the child or adult lacks the ability to make and communicate a decision

where seeking consent could potentially put the individual concerned or other individuals at risk

where a serious crime has been committed

when the alleged abuser may also be at risk

a MSUK worker or other professional is implicated in the abuse

the information concerns a child

Effective sharing of information is often essential for early identification of need, assessment and service provision to keep children and adults at risk safe. Staff members and volunteers should be proactive in sharing information as early as possible. MSUK will comply with their duty to co-operate in information sharing with other agencies, such as with local safeguarding partnerships/boards (children and adults). For guidance and legislation, refer to the Data Protection Act 2018, Childrens Act or Care Act, and refer to local safeguarding children/adult boards, details accessed online.

Professionals can access the Information sharing advice for safeguarding practitioners updated 2018 for more guidance.

Safeguarding outside of the UK

There may be times when safeguarding incidents happen or are reported when the alleged victim, perpetrator or the person disclosing are outside of the UK. We cannot expect to know the reporting procedures for all countries they may find themselves in. In general, MSUK will apply the same practices and policy as in the UK whilst ensuring we comply with any extra requirements for the other country.

If there is a safeguarding concern reported by someone outside of the UK, MSUK must know when to report:

issues to law enforcement in the country they are in – for guidance Criminal_reporting_of_safeguarding_offences_including_overseas.odt (live.com)

to police in the UK (also see document above)

You can find resources and support online to help with safeguarding issues overseas, most notably Bond, Farrer & Co and the Charity Commission.

Consent for media and promotional imagery

MSUK will obtain and hold on record written consent from children’s parents/guardians and adults for capturing any imagery for promotional reasons, including on social media. They must specify what the consent given is for, be clear how long the consent period lasts and how consent can be withdrawn.

Children and adults will always be consulted about the use of their photographs and film footage. This ensures they’re aware that the images are taking place and understand what they are going to be used for.

MSUK will always consider: 

not using real names unless it is needed to give meaning to the article, case study, press release etc. If names are mentioned, surnames should only be used where it is felt absolutely necessary.

only using images of children/adults in suitable clothing to reduce the risk of inappropriate use.

how images can be misused i.e. to learn information for grooming purposes

allowing photographers unsupervised access to children/adults at risk unless full safeguarding checks have taken place.

doing our best to access if a person has the capacity to make the decision to share their story.

a person sharing their story is in recovery at least six-months (minimum)

By ‘imagery’ this policy refers to photos, case studies, films, audio recordings and quotes.

Storing of images

When storing, retaining and destroying images: 

images, online and hard copies, will be stored securely.

only those individuals at MSUK who need to use the images will have access

timescales for keeping the images need to be specified on the consent form

personal information (including images of identifiable people) will not be kept longer than necessary

images (online and any hardcopies) will be destroyed if no longer needed and/or the timescale specified on the consent form has passed.

Complaints

All complaints that are received about the conduct or behaviour of Music Support UK staff or volunteers will be dealt with according to the Complaints Procedure. If a complaint is identified as a potential safeguarding concern, MSUK’s Safeguarding Procedures will be followed.

Whistleblowing

We recognise the importance that the role ’Whistleblowing’ can play in deterring and detecting malpractice and abuse of children and adults at risk. A whistleblowing procedure is in place for staff and volunteers who are concerned about anything that may be unsafe, illegal or untoward in the organisation, and whistleblowing is covered in MSUK’s Safeguarding Procedures document.

Staff and volunteers can contact the Charity Commission’s confidential advice line, operated independently by the specialist whistleblowing charity Protect, or contact the charity directly. Staff and volunteers are protected by law; however they can also raise concerns anonymously.

Quality and review

We recognise that quality assurance mechanisms are an integral part of our safeguarding governance. MSUK staff will actively and regularly review the safeguarding policy and the procedures in place (at least annually) and share these with the Board for ratification. Through reviewing and reporting, the staff team and the Board will identify any common themes or issues that arise from concerns or disclosures and identify future actions with timescales. We will ensure our Board of Trustees are well informed about our safeguarding practice and frameworks, and encourage critical discussion, not least at the Board’s safeguarding standing agenda item . We will consider future external safeguarding audits.

Publicity

If any of the organisation’s staff or volunteers are asked to share information in respect of a sensitive issue, they must not engage with the query independently. All press queries must be referred to Matt Thomas, Nominated Safeguarding Trustee, for consideration and action.

Compliance

Failing to abide by this policy, the safeguarding procedures document and all other related policy and procedure documents at all times is likely to result in disciplinary procedures for staff as defined in our disciplinary policy, and the dismissal of volunteers.

Appendix 1 

 Scotland

Education Scotland Child Protection and Safeguarding Policy 2021  

There is a distinctive approach to safeguarding in Scotland linked to Getting It Right For Every Child (GIRFEC) which promotes action to improve the wellbeing of every child and young person – a commitment to providing children, young people and their families with the right support at the right time.  

 GIRFEC provides Scotland with a consistent framework and shared language for promoting, supporting, and safeguarding the wellbeing of children and young people. It is locally embedded and positively embraced by organisations, services and practitioners across Children’s Services Planning Partnerships, with a focus on changing culture, systems and practice for the benefit of babies, infants, children, young people and their families. 

 Using the GIRFEC principles, the approach to considering children’s wellbeing should be rights-based, strengths-based, holistic and adaptable enough to take account of stage of development and the complexity of each child or young person’s individual life circumstances. 

 The latest Scottish government’s  Child Protection policy, details:

All children in Scotland have the right to be protected from abuse or neglect.

We are ensuring that effective child protection procedures are in place wherever there is a likelihood or risk of a child coming to significant harm.

Everyone has a role to play in child protection, not just core professionals.

Child protection is part of Getting It Right For Every Child (GIRFEC) – our national approach to improving outcomes and supporting the wellbeing of children and young people.

 This Policy and the guidance contained within it must have priority over all other policies and advice. 

Scottish government’s Adult Support and Protection (Scotland) Act 2007

All adults at risk of harm have the right to be safe and protected. The act is designed to protect those adults who are unable to safeguard their own interests and are at risk of harm because they are affected by:

disability

mental disorder

illness

physical or mental infirmity

Harm means all harm including self-harm and neglect.

The Act requires councils and a range of public bodies to work together to support and protect adults who are unable to safeguard themselves, their property and their rights.

 Northern Ireland 

 Under Section 5 of the Criminal Law Act (Northern Ireland) 1967, it is an offence not to report a ‘relevant offence’ to the police. This includes offences against children. 

 The legislative framework for Northern Ireland’s child protection system is set out in The Children (Northern Ireland) Order 1995. This sets out parental responsibilities and rights and the duties and powers public authorities have to support children. 

The Northern Ireland Executive, through the Department of Health (DoH), is responsible for child protection in Northern Ireland. They set out policy, legislation and statutory guidance on how the child protection system should work. The Safeguarding Board for Northern Ireland (SBNI) co-ordinates and ensures the effectiveness of work to protect and promote the welfare of children. A Designated Adult Protection Officer (DAPO) will be responsible for the management of each referral received by a Health and Social Care Trust.

Co-operating to Safeguard Children and young people in Northern Ireland (Department of Health, 2017) provides the overarching policy framework for safeguarding children and young people in the statutory, private, independent, community, voluntary and faith sectors. 

The Adult Safeguarding Prevention and Protection in Partnerships outlines the key principles for all adult safeguarding activity. It also features the following definition which is intended to provide guidance as to when an adult may be at risk of harm, in order that further professional assessment can be sought:

An ‘Adult at risk of harm’ is a person aged 18 or over, whose exposure to harm through abuse, exploitation or neglect may be increased by their:

a) personal characteristics AND/OR
b) life circumstances

Personal characteristics may include, but are not limited to, age, disability, special educational needs, illness, mental or physical frailty or impairment of, or disturbance in, the functioning of the mind or brain .Life circumstances may include, but are not limited to, isolation, socio-economic factors and environmental living conditions. An ‘Adult in need of protection’ is a person aged 18 or over, whose exposure to harm through abuse, exploitation or neglect may be increased by their:

a) personal characteristics AND/OR
b) life circumstances AND
c) who is unable to protect their own well-being, property, assets, rights or other interests; AND
d) where the action or inaction of another person or persons is causing, or is likely to cause, him/her to be harmed.