Safeguarding Children & Young People

Introduction

Safeguarding is the responsibility that an organisation has to ensure that their employees, partners, vendors, operations and programmes do no harm to children, young people or vulnerable adults (together referred to as ‘vulnerable people’ under this policy); that they do not expose them to the risk of discrimination, neglect, harm and abuse; and that any concerns the organisation has about the safety of vulnerable people within the communities in which they work, are dealt with and reported to the appropriate authorities. It is also the responsibility that the organisation has for protecting its employees when they are vulnerable, for example, when ill or at risk of harm or abuse.

Child protection is a central part of but not separate to safeguarding. It is the process of protecting individual children identified as either suffering or at risk of significant harm as a result of abuse or programme of work. It also includes measures and structures designed to prevent and respond to abuse.

Through their work, Wonder Talent Agency employees, employees of partner organisations may engage with young people and vulnerable adults either directly or indirectly.

Wonder Talent Agency recognises it has an obligation to put in place all reasonable safeguarding measures to ensure, as far as possible, the safety and protection of children, young people and vulnerable adults with whom we work.

Purpose

The purpose of this policy and associated procedures is to provide clarity to all on how they should engage with children, young people and vulnerable adults when working for, on behalf of, or in connection with Wonder Talent Agency. It is also to help us make sure that employees and other representatives are protected.

This policy constitutes Wonder Talent Agency’s global policy. Whilst it is recognised that local legislation may vary from country to country, this policy identifies our minimum standards and may exceed the requirements of local legislation.

Any breach of this policy will be treated as a disciplinary matter, which may result in immediate termination of employment or contract and reporting to the police, relevant regulatory authority or other body.

Definitions

Abuse can be a single act or repeated acts and can be unintentional or deliberate. Abuse often involves criminal acts.

Abuse – a violation of an individual’s human and civil rights by any other person or persons. It can take the form of physical, psychological, financial or sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the health, survival, development or dignity of a child, young person or vulnerable adult.

Discriminatory abuse – abuse motivated by a vulnerable person’s age, race, nationality, sex, sexual orientation, disability, or other personal characteristic.

Financial or material abuse – including theft, fraud, exploitation, pressure in connection with wills, property or inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.

Neglect – the persistent failure to meet a vulnerable person’s basic physical and/or psychological needs, likely to result in the serious impairment of his/her health or development. Examples include failure to provide adequate food, clothing and shelter, failure to protect them from physical or psychological harm or danger; failure to ensure adequate supervision (including the use of inadequate care-givers); or failure to ensure access to appropriate medical care or treatment. It may also include neglect of, or unresponsiveness to, a vulnerable person’s basic emotional needs.

Physical abuse – includes hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm, misuse of medication, restraint, or inappropriate sanctions.

Psychological abuse – includes emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks. Examples include not giving a vulnerable person opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on a vulnerable person, which may include interactions that are beyond a vulnerable person’s developmental capability. It may involve serious bullying (including cyber bullying), or the exploitation or corruption of a vulnerable person.

Sexual abuse – involves forcing, enticing or coercing someone to take part in sexual activities, whether or not the vulnerable person is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving a vulnerable person in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet). Sexual abuse can be carried out by adults or other children.

Child – Wonder Talent Agency regards a child as anyone under the age of 18 years, irrespective of the age of majority in the country in which the child lives or in their home country. It is widely recognised that children are generally more vulnerable to abuse and exploitation due to factors such as age, gender, social and economic status, developmental stage, and dependence on others.

Vulnerable person/people – for the purposes of this policy this is an umbrella term which covers children, young people and vulnerable adults.

Vulnerable adult – a person, 18 years and above, who by reason of disability, age, gender, social and economic status, or illness, the context they are in, may be unable to take care of or to protect him or herself against abuse, harm or exploitation.

Youth or young people – individuals aged 15 to 25 (15 to 35 in some countries) – Wonder Talent Agency recognises that this group spans the categories of ‘children’ and ‘adults’ but regards young people as having particular safeguarding needs and requiring distinct consideration aside from younger children and older adults.

Legal Framework

• Children and Young Persons Act 1963
• Children Act 1989
• United Convention of the Right of the Child 1991
• Data Protection Act 1998
• Sexual Offences Act 2003
• Children Act 2004
• Safeguarding Vulnerable Groups Act 2006
• Protection of Freedoms Act 2012
• Children and Families Act 2014
• The Children (Performances and Activities) (England) Regulations 2014
• Special educational needs and disability (SEND) code of practice: 0 to 25 years – Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities; HM Government 2014
• Information sharing: Advice for practitioners providing safeguarding services to children, young people, parents and carers; HM Government 2015
• Working together to safeguarding children; a guide to inter-agency working to safeguard and promote the welfare of children; HM Government 2015
• NNCEE: A Guide to Child Performance Licensing, August 2020

Scope

This policy is mandatory for all Wonder Talent Agency employees. For the purposes of this policy, ‘employee’ is defined as anyone who works for or on behalf of Wonder Talent Agency, either in a paid or unpaid capacity. This therefore includes directly employed staff, clients, trustees, contractors, employees and volunteers of sub contractors, consultants, interns and all visitors to Wonder Talent Agency offices or productions.

It also covers implementing partners whom we work with who we expect to work under the policy as a condition of their involvement with Wonder Talent Agency.

This policy demonstrates how Wonder Talent Agency will meet its legal obligations and reassure clients, employees, partners and members of the public:

• On what they can expect Wonder Talent Agency to do to protect and safeguard vulnerable people,
• That they are able to safely voice any concerns through an established procedure.
• That all reports of abuse or potential abuse are dealt with in a serious and effective manner,
• That there is an efficient recording and monitoring system in place,
• That employees, sub contracted agencies and partners receive appropriate induction on safeguarding,
• That a robust ‘safe’ recruitment procedure is in place.

There are additional procedures in place that apply to those that work with or have contact with, either directly or indirectly, children, young people or vulnerable adults.

Statement

Wonder Talent Agency has zero tolerance against abuse and exploitation of vulnerable people. Wonder Talent Agency also recognises that safeguarding is everyone’s responsibility and that it has an obligation to put in place reasonable measures to ensure, as far as possible, the safety and wellbeing of vulnerable people with whom we work.

Wonder Talent Agency works to the following key principles to protect vulnerable people:

• Equality: Everyone has an equal right to protection from abuse and exploitation regardless of age, race, sex, sexual orientation, marriage and civil partnership, pregnancy or having a child, gender reassignment, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.
• Priority: The best interests of the vulnerable person are paramount and shall be the primary consideration in our decision making.
• Responsibility: Wonder Talent Agency will take responsibility to meet our obligations regarding our duty of care towards vulnerable people, and take action where we believe that a child, young person or vulnerable adult is at risk or is actually harmed.
• Training: Wonder Talent Agency will ensure that employees are aware of our safeguarding policy and procedures as a key part of the recruitment and onboarding process.
• Compliant: Wonder Talent Agency will ensure that all partners are informed and in compliance with our Safeguarding Standards. When working with or through partners or sub contracted agencies, Wonder Talent Agency will ensure that their safeguarding procedures are consistent and in line with the principles and approaches set out in this policy.
• Mitigation: Wonder Talent Agency recognises that an element of risk exists, and while we may never be able to totally remove this, we need to do all we can to reduce it or limit its impact.
• Confidentiality: Wonder Talent Agency respects confidentiality and has a responsibility to protect sensitive personal data. Information should only be shared and handled on a need to know basis, that is, access to the information must be necessary for the conduct of one’s official duties. Only individuals who have legitimate reasons to access the information are allowed to receive it.
• Sensitivity: Wonder Talent Agency seeks to always work in ways which are culturally sensitive and that respect the diverse nature of the people we work with. We recognise that there are many different ways of thinking and taking care of vulnerable people and making sure they are protected. It is acknowledged that protecting these groups of individuals and being culturally sensitive can be a difficult balancing act. Every child matters everywhere in the world. Culture must not be used as an excuse to abuse children, young people or vulnerable adults.

Responsibilities

All employees, clients, consultants, agency staff, sub contractors, partner organisations and visitors are obliged to follow this policy and maintain an environment that prevents exploitation and abuse and which encourages reporting of breaches of this policy using the appropriate procedures.

Working with Wonder Talent Agency

All People Working with Wonder Talent Agency will;

• read, understand and adhere to Wonder Talent Agency’s Safeguarding Children & Young People Policy,
• strive to promote a zero tolerance approach to discrimination, sexual harassment and abuse in all working environments,
• strive to develop relationships with all stakeholders which are based on equality, trust, respect and honesty,
• place the safety and welfare of children and vulnerable people above all other considerations,
• report any concerns they may have about the welfare of a child or vulnerable person,
• report any concerns they may have about the behaviour of a Wonder Talent Agency representative in relation to safeguarding,
• in a one-to-one situation with a child or young person, where privacy and confidentiality are important, try to make sure that another adult knows the contact is taking place and why. If possible ensure another adult is in sight and that the child or young person knows another adult is around.

All people working with Wonder Talent Agency will not:

• sexually harass, assault or abuse another person,
• physically harass, assault or abuse another person,
• emotionally abuse another person, such as engaging in behaviour intended to shame, humiliate, belittle or degrade,
• condone, or participate in behaviour which is abusive, discriminatory, illegal, or unsafe,
• develop, encourage or fail to take action of relationships with children or other vulnerable people which could in any way be deemed sexual, exploitative or abusive,
• act in ways that may be violent, inappropriate or sexually provocative,
• agree with a child to keep a secret which has implications for their safety or the safety of other young people.

Managers

Managers at all levels are responsible for ensuring employees, clients, consultants, visitors and partner organisations are aware of the policy and are supported to implement and work in accordance with it, as well as creating a management culture that encourages a focus on safeguarding. They must ensure that they are responsive, acting immediately if they become aware of any safeguarding concerns, and supportive towards employees or clients who complain about breaches in this policy.

Designated Safeguarding Officers

Designated safeguarding officers are responsible for handling reports or concerns, about the protection of vulnerable people, appropriately and in accordance with the procedures that underpin this policy. The lead designated safeguarding officer is responsible for:

• monitoring and recording safeguarding concerns,
• ensuring referrals to the relevant authorities happen without delay,
• updating safeguarding training for all staff,
• ensuring it is implemented throughout the organisation and safeguarding training given,
• ensuring monitoring and recording procedures are implemented.

Wonder Talent Agency’s current safeguarding officers are:

• Donia Youssef (donia@wondertalentagency.com)
• Jordan Reeve (jordan@wondertalentagency.com)

Wonder Talent Agency Directors

The Wonder Talent Agency Directors, Donia Youssef and Jordan Reeve are responsible for ensuring the effective implementation of this policy and associated procedures and ensuring that everyone linked with Wonder Talent Agency is equipped and supported to meet their responsibilities.

Parents

Parents or persons with parental responsibility are ultimately responsible for their children’s welfare at all times, and they should be assured that their children are involved with a credible organisation.

Producers’ Responsibilities and Guidance

Licensing

Under section 37(4) of the Children and Young Persons Act 1963, a licence must only be granted by the local authority to which the application is submitted once it is assured that:

1. the child’s education, health and wellbeing will not suffer; and
2. the conditions of the licence will be observed.

A child can work for 6 consecutive days for a period of 8 weeks. After this the child must have a break of at least 14 days following the last performance where the child has been performing on the maximum number of consecutive days over a period of 8 weeks, unless the period for which the licence applies is less than 60 days.

A child may take part in more than one activity in a day, e.g. rehearsal and filming. The more complex the performance, the more important it is to have an early discussion with the child’s local authority.

Information on ‘Performance licences and supervision for children’ can be found here: https://www.gov.uk/child-employment/performance-licences-for-children

The licensing authority is the Local Authority. Details of the relevant authority can be found here: https://www.gov.uk/apply-for-child-performance-licence

Wonder Talent Agency must be provided with a copy of the licence for its records.

The ‘Four Day’ Rule

Exemptions to the licensing requirements are outlined in section 37(3) of the Children and Young Persons Act 1963. These only apply where no payment in respect of the child taking part in the performance is made to the child or another person, other than expenses.

If a child has not performed on more than 3 days in the last 6 months, no licence is required for performance on a fourth day. Once a child has performed on 4 days in a 6-month period (in any performance, regardless of whether a licence was in place on any of those days or the child was taking part in a performance arranged under a body of persons approval) then a licence is required for any further performances.

If a producer is relying on the four-day rule as a basis for not applying for a licence, they should have reasonable grounds for believing the child has not performed for more than 3 days in the previous 6 months. Producers relying on the four-day rule are required to obtain written confirmation from the parent that their child has not performed on more than 3 days in the last 6 months. A copy of the written confirmation must be provided to Wonder Talent Agency for its records. Producers relying on the four-day rule are still required to use a parental permission form to obtain consent for a child to be filmed.

If a child is to be absent from school this exemption cannot be relied upon and a licence will be required. It is a legal requirement to seek a licence when one is required and any person who causes or procures any child to do anything in contravention of the licensing legislation can be prosecuted. Whether a child is performing under licence or not, the same duty of care applies.

Risk Assessment

The person in control of the filming must document a full risk assessment specifically relating to the child or young person. This should take into account their exposure to an unfamiliar environment, throughout their time at the production site and not just their role within the film. The risk assessment must pay particular attention to:

• The age, immaturity and inexperience of the child or young person and the consequential lack of risk awareness;
• The extent of exposure to any chemical, biological of physical hazard on set or in the general area;
• The nature and layout of the film set and supporting facilities;
• The type of tools and equipment that may be in use in filming or as part of the set, which the child is likely to come into contact with;
• The control measures for general hazards already identified and their appropriateness to ensure the safety of the child.

Children and young persons must not under any circumstances be exposed to the following:

• Activities beyond their physical and psychological capabilities;
• Noise, vibration or extremes of temperature that pose a risk to their health;
• Chemical agents which will affect their health.

Although the following areas would have been considered as part of normal planning, you should ensure that full consideration is also given to the fact that there will be a child or young person on set:

• First aid arrangements
• Rest areas, toilet facilities, washing facilities, refreshment supplies
• Emergency telephone numbers for children and young persons to be retained by the person in charge
• Any specific terms and conditions set out in the child’s licence
• For children, up to and including 16 they need to be chaperoned by a parent or guardian or professional chaperone at all times.
• Travel arrangements for the child or young person to and from the filming location.
• The need to provide the School with a signed copy of the Artist Release Form for each child, signed by the parent of that child.
• Protection against inclement weather

Where a child is to be employed on set, the risk assessment should be undertaken well in advance. The details of the risk assessment must be communicated to the child’s parents or legal guardian before the filming takes place and should set out the key findings of the assessment and any particular protective or preventative measures that have been put in place.

Where a young person is employed on set, the finding of the risk assessment and the specific controls that you have put in place to protect that person should be communicated to them. In most cases where young people are employed, it is recommended that you allocate them a buddy, or person to supervise and monitor them throughout their time on site.

Supervision

The supervision of a child or young person throughout their time involved in the production (from leaving their home to arriving back at home) should be considered as part of the production planning. No child must be left unsupervised at any time.

It is recommended that the child is supervised at all times by their parent or guardian. Where this is not possible the Producer of the film will have to arrange with the parent or guardian the provision of a professional chaperone. Producers must provide copies of the professional chaperone’s licence for Wonder Talent Agency’s records.

All children on set must be accompanied by a licensed chaperone or parent or guardian acting as chaperone. Chaperones will have care and control of the child, and will safeguard, support and promote the wellbeing of the child. The maximum number a chaperone can take care of at any one time is twelve.

Working Hours

The rules for working hours, rest breaks and meal breaks vary depending on the area where the child has been licensed. It should be noted that time spent in wardrobe or make-up prior to going on set counts as work. Working hours are counted from the moment a child arrives at the place of performance. A child taking part in a performance must not be employed in any other employment on the day of that performance or the following day.