MiSP Safeguarding Policy - Mindfulness in Schools Project

1. OUR COMMITMENT

Safeguarding is at the heart of what we do and fundamental to our existence as a charity.

Whilst most of the Charity’s activities do not involve regular contact with children or working in ‘regulated activity’ with adults at risk, Mindfulness in Schools Project (MiSP) is committed to pro-actively safeguarding children, young people and adults at risk of harm (‘adults at risk’) with whom the staff, or anyone acting on our behalf, come into contact, during delivery of our services and events, fundraising or outreach activities.

This policy applies to all trustees (also known as directors), employees and volunteers working for Mindfulness in Schools Project (MiSP), as well as any relevant persons linked to the organisation.

The purpose of the policy:

To protect children and young people and adults at risk
To provide staff and other stakeholders with the overarching principles that guide our approach to safeguarding.
To promote good practice and work in a way that can prevent harm, abuse and coercion occurring.
To ensure that any allegations are dealt with appropriately and the person experiencing abuse is supported.
And to stop that abuse from occurring.

2. DEFINITIONS

Children and young people: As per the definitions set out in the Children Act 1989, a ‘child’ is anyone who has not yet reached their 18th birthday. It also includes unborn children. If a child turns 18 during MiSP activities, the expectations outlined in this policy will continue to apply until the activity/ relationship is formally closed by MiSP.

Adult at risk: Adults aged 18 and over have the potential to be at risk of harm (either temporarily or permanently) for a variety of reasons and in different situations. An adult may be vulnerable and at risk if he/she:

Has a learning or physical disability
Has a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs.
Has a reduction in physical or mental capacity?
Is in the receipt of any form of healthcare.
Is detained in custody.
Is receiving community services because of age, health or disability.
Is living in sheltered or residential care home.
Is unable, for any other reason, to protect himself/herself against significant harm or exploitation.

Regulated Activity: This is a legal definition that covers work which involves close and unsupervised contact with children and adults at risk, and which cannot be undertaken by a person who is on the Disclosure and Barring Service’s Barred List.

3. LEGAL FRAMEWORK

This policy has been drawn up on the basis of legislation, policy and guidance that seeks to protect children, young people and adults at risk in England.

The legislation that underpins this policy includes:

1989 The Children’s Act
1995 The Children (Northern Ireland) Order
1998 Human Rights Act
1998 Public Interest Disclosure Act
2004 The Children’s Act
2005 Mental Capacity Act
2014 The Social Services & Wellbeing (Wales) Act
2014 The Care Act (England)
2014 Adult Support & Protection (Scotland) Act
2014 Children & Young People (Scotland) Act
2007 Safeguarding Vulnerable Groups (Northern Ireland) Order
European Convention of Human Rights
UN Principles for Older Persons
UN Convention on the Rights of the Child
UN Convention on the Rights of Disabled People

4. SAFEGUARDING PRINCIPLES AND ACTIONS

Safeguarding relates to the action taken to promote the welfare of children and adults at risk and to protect them from harm.

All staff, or anyone acting on our behalf, should have a basic awareness of safeguarding issues. This includes:

Being alert to the possibility of abuse and neglect
Having enough knowledge to recognise an abusive or potentially abusive event or set of circumstances.
Knowing who in the organisation to raise concerns with
Being competent to take the appropriate immediate or emergency action.

We will seek to keep children, young people and adults at risk safe by:

Appointing a Designated Safeguarding Lead officer (DSL), a Deputy DSL, and a lead trustee for safeguarding
Ensuring that all trustees, employees and volunteers working for MiSP, as well as any relevant persons linked to the organisation, are familiar with this policy and procedures.
Adopting a Code of Safer Working Practice for all trustees, employees and volunteers working for MiSP
Provide effective management for staff through supervision, support, training and reviews.
Recruiting trustees, employees and volunteers safely, ensuring all necessary checks are made.
Recording and storing information professionally and securely, in line with data protection legislation and guidance
Using our safeguarding and child protection procedures to share concerns and relevant information with agencies who need to know, and involving children, young people, parents, families and carers appropriately.
Using our procedures to manage any allegations against staff and volunteers appropriately.
Creating and maintaining an environment that is free from bullying and ensuring that we have a policy and procedure to help us deal effectively with any bullying that does arise.
Ensuring that we have effective complaints and whistleblowing measures in place.
Ensuring that we provide a safe physical environment for our children, young people, staff and volunteers, by applying health and safety measures in accordance with the law and regulatory guidance.
Building a safeguarding culture where staff and volunteers, children, young people and their families, treat each other with respect and are comfortable about sharing concerns.

5. RESPONSIBILITY AND ACCOUNTABILITY

The Board of trustees has independent control over, and legal responsibility for, a charity’s management and administration, and as such have overall responsibility for the safeguarding policy at MiSP. Trustees are expected to proactively safeguard and promote the well-being and welfare of MiSP’s beneficiaries, staff and volunteers and others who come into contact with the Charity. This is a key governance priority.

The issue of safeguarding is subject to regular reviews at Board level and is reported on by exception at Board meetings. In addition, ‘Safeguarding’ will be reported upon in the Annual Report and Accounts.
The lead trustee for safeguarding is the Vice Chair, Maureen MacLeod, the DSL is the Head of Training, Ben Chalwin, and the Deputy DSL is Head of Finance & Corporate Services, Sarah Ingram.

6. TRAINING

An appropriate level of safeguarding training is available to trustees, employees and volunteers working for or with MiSP. It is also available to any relevant persons linked to the organisation who requires it, including but not limited to contractors.

For all employees who are working or volunteering with children, the minimum requirement is to have completed awareness training that enables them to:

Understand what safeguarding is and their role in safeguarding children.
Recognise a child potentially in need of safeguarding and act.
Understand how to report a safeguarding concern.
Understand dignity and respect when working with children.
Have knowledge of the Safeguarding Policy.
Understand their responsibility to adhere to the Code of Safer Working Practice (Annex 1)

7. CODE OF SAFER WORKING PRACTICE

The Code of Safer Working Practice (at Annex A) is provided for all those across the Charity to follow, in working and volunteering with children, young people and adults at risk. The Code:

Represents the behaviours which constitute safe practice.
Assists those working with children, young people and adults at risk to do so safely and responsibly.
Enables those working with children, young people and adults at risk to monitor their own standards of integrity and good practice.
Sets clear expectations of behaviour and codes of practice which serve to reduce the possibilities of positions of trust being abused or misused, or false accusations being made.

8. SAFER RECRUITMENT

Although most of the Charity’s activities do not involve regular contact with children or young people or working in ‘regulated activity’ with adults at risk, the Charity has a responsibility to ensure the suitability of those trustees, employees and volunteers who may work with, or encounter children and adults at risk.

When relevant for their role, MiSP and eligible individuals will make a joint application for a DBS certificate prior to commencing employment or volunteering at MiSP. They will not be able to undertake any ‘regulated activities’ until they have been authorised by MiSP to do so. Any requirement for a DBS check will be made clear in the job advert.
MiSP will require DBS checks for trustees, employees and volunteers who:
- teach mindfulness to adults or children on MiSP’s behalf.
- visit schools or any other establishments educating children or young people on MiSP’s behalf.
Depending on their role, MiSP will make a practical decision on a case-by-case basis about accepting a DBS certificate from an individual’s current or previous role with children or adults in line with guidance from the Disclosure and Barring Service’s Safeguarding and DBS Factsheet (published 25 March 2020).
Having a previous conviction will not necessarily bar an individual from working with us and each case will be looked at on its merits before confirming the individual in role or terminating the arrangement.
As part of recruitment good practice, the Charity will also make other checks, such as taking up two references for successful candidates and questioning employment gaps.
In Scotland, the Protection of Vulnerable Groups (PVG) scheme applies instead of DBS Checks, with PVG checks carried out through Disclosure Scotland.

9. WORKING WITH OTHER ORGANISATIONS

The Charity works with a number of organisations to deliver to our charitable objectives and to promote our work. On occasion, these activities may involve contact with children, young people or adults at risk whilst they are under the care of those organisations.

MiSP expects those organisations, with whom the Charity may work, to have suitable safeguarding provisions in place, and for those organisations to take responsibility for safeguarding those children, young people and adults at risk in their care. In particular all schools, educational establishments and other organisations delivering regulated activities.

When engaging with other organisations to provide services to them, MiSP will seek evidence that suitable safeguarding policies and procedures are in place.

Where MiSP is working with organisations that are following a safeguarding policy other than this document, any incidents or disclosures which MiSP employees become aware of must be escalated following the procedure in this document in addition to any escalation under the organisation’s own safeguarding procedure.

10. WORKING WITH THE GENERAL PUBLIC

The Charity occasionally provides mindfulness information and events to the general public in person and via online platforms. Whilst children and young people attending the event do so with the permission, and under the responsibility, of their parent or carer, the Charity’s trustees, employees and volunteers will apply this policy to all of its activities.

11. SAFEGUARDING THOSE ATTENDING ONLINE TRAINING AND EVENTS

Offering online events and training continues to extend the accessibility and reach of its work for the benefit and wellbeing of all who learn, train, work and come into contact with the MISP.

While the benefits of working online in this way are many, the safeguarding of those attending such events and training courses is paramount.

MISP therefore has the following measures in place:

All attending an event or training course through the MISP (or recognised teaching and training partners) must include the following information as part of registration for such events:

Legal name
Address from where they will be joining the online session (s).
Home Address
Name, phone number and email address of designated emergency contact.
Information about any life experiences, medical or other conditions or treatments that may affect their participation in sessions (in line with usual registration information for venue-based sessions and programmes)

Access to this information allows for contact with the person in question to be possible, and safeguarding procedures to be put in place, should anyone have concerns about an individual or group attending an online event or training course.

During online sessions, participants are advised:

To leave their camera on as far as is possible in order for teachers/trainers/those supporting the session to be able to see how they are.
To ensure that the name they registered with is the name they have displayed on their screen.
Discussions in smaller ‘breakout’ rooms should involve no fewer than 3 people in each group.
That a designated teacher or member of the support team has the list of registration information for all attendees, and is aware of full responsibilities regarding safeguarding, confidentiality and GDPR.
To leave open channels of communication between the individual and the teacher or a designated member of a support team, should a participant need support or lead to concerns for their wellbeing. This could be through the private ‘chat’ function or direct email messaging.
Open and regular invitations to take care of themselves both physically and mentally through moving the body, moving away from the screen, taking regular stretch breaks etc.

12. REPORTING INCIDENTS REGARDING THOSE BASED WITHIN THE UK

All and any suspicions and allegations of abuse will be taken seriously, and appropriate action taken to address these swiftly and fully:

Anyone who is bound by this policy has the responsibility to highlight concerns.
Anyone who is bound by this policy has the right to report concerns or suspicions about another individual in confidence and free from harassment.

Where there is a concern, this should be reported to the DSL (or Deputy DSL) immediately where possible, but at least within 24 hours, to determine what action, if any, must be taken:

Each situation will be investigated thoroughly, whilst treating the parties involved fairly and with sensitivity.
Suitable steps will be taken as a result of any investigations, which may include contacting the police and/or fulfilling the legal duty to refer information to the DBS and/or the Local Safeguarding Children Board (LSCB) or Local Safeguarding Adults Board (LSAB) as required.

It is not the responsibility of MiSP to decide whether or not abuse has taken place. It is the responsibility of staff and others covered by this policy to act if there is cause for concern, in order that the appropriate agencies can investigate and take any action necessary to protect the young and/or adult at risk.

If there is concern that a child or adult is in immediate danger, or requires immediate medical treatment, the individual who first becomes aware of the danger should call dial 999 for the police straight away.

13. REPORTING INCIDENTS REGARDING THOSE BASED OUTSIDE THE UK

As MiSP extends its reach, increasing numbers of people attending MiSP (or recognised teaching and training partner) events and training courses are doing so from outside the UK.

While Safeguarding legislation and procedures are likely to vary from country to country, MiSP recognises safeguarding responsibilities to those outside the UK in line with those within the UK.

To ensure that safeguarding measures are in place to reduce any harm or risk to participants, wherever they are based, MiSP adheres to UK legislation and good practice for all. In terms of reporting any safeguarding concerns regarding those outside the UK, reporting will take place in line with guidance provided UK Foreign Embassies, High Commissions and Consulates.

Whilst the resources available vary from one foreign embassy to another, they should be able to assist in the following ways:

provide contact with the social services in the home country.
explain applicable child protection laws in the context of the customs and laws of the family’s home country.
help search for relatives.
in some cases, offer translation and interpretation services.

14. REPORTING INCIDENTS TO THE CHARITY COMMISSION

The Board of trustees acknowledges its duty to make a Serious Incident report to the Charity Commission and a report of a Notifiable Event to the Office of Scottish Charity Regulator (OSCR) and other relevant bodies if:

there has been an incident where someone has been abused or mistreated (alleged or actual) and this relates to the activities of the Charity.
beneficiaries of the Charity have been, or are alleged to have been, abused or mistreated while under the care of the Charity, or by someone connected with the Charity, for example a Trustee, staff member or volunteer; or
there has been a breach of procedures or policies at the Charity which has put beneficiaries at risk, including a failure to carry out checks which would have identified that person is disqualified under safeguarding legislation, from working with children, young people or adults.

15. WHISTLEBLOWING

It is important that individuals working for or with MiSP as trustees, employees, volunteers, or any other capacity, have the confidence to come forward to speak or act if they have a concern about dangerous or illegal activity, or any wrong doing within the organisation, including concerns around safeguarding.

MiSP maintains a ‘whistleblowing’ policy and procedure in line with its responsibility on the disclosure of public interest matters. It is important that any criminal behaviour or wrongdoing by any individual undertaking work on MiSP’s behalf is reported and properly dealt with.

Anyone with such a concern should speak directly and immediately to the Chief Executive or to the trustee with responsibility for Safeguarding.

Our policy takes account of the Public Interest Disclosure Act (1998) which provides workers with protection if they make a disclosure in good faith and if they have a reasonable belief that any one of the following has been or is likely to be committed:

a criminal offence.
a miscarriage of justice.
an act creating risk to health and safety.
an act causing damage to the environment.
a breach of any other legal obligation.
concealment of any of the above.

16. CONFIDENTIALITY AND INFORMATION SHARING

While personal information held by professionals and agencies is subject to a legal duty of confidence and should not normally be disclosed without the subject’s consent, it is essential that MiSP staff can respond quickly where they have concerns or suspicions of abuse. This means that:

Any concerns about confidentiality should not override the rights of children and/or adults at risk of, or suffering, harm.
MiSP’s responsibility for protecting children and adults at risk means that, where necessary to protect welfare, it will breach confidentiality to raise concerns.
Information sharing must be done in a way that is compliant with the General Data Protection Regulation and Data Protection Act 2018, the Human Rights Act 1998 and the common law duty of confidentiality.

However, a concern for confidentiality must never be used as a justification for withholding information when it would be in the child or adult’s best interests to share information. Information will be shared with the Local Authority if a child is deemed to be at risk of harm.

The police must be contacted if they are in immediate danger or if a crime has been committed.

Where it is necessary to pass on information shared by another party this decision should always be discussed with the person in question and where possible their cooperation sought beforehand.
Explanations of the reasons; processes; likely sequence of events; and who to contact for information or for support should also be provided. When a child or adult at risk makes an allegation of abuse they may hope that the abuse will stop without further enquiries.
It is important to reassure the child or adult at risk, but he/she must not be told that their allegation will be treated in a particular way or that the information will be kept a secret.

17. CONTACT DETAILS

Designated Safeguarding Lead: Ben Chalwin (Head of Training) ben.chalwin@mindfulnessinschools.org

Board of Trustees lead for safeguarding: Maureen MacLeod (Vice-Chair) mac.macleod01@btinternet.com

18. FURTHER GUIDANCE

This policy should be read alongside the following our policies and procedures:

Complaints Policy
Data Protection Policy
Equality, Inclusion and Diversity Policy
Health and Safety Policy
Whistleblowing Policy
Employee Handbook

19. POLICY REVIEW PROCEDURE

We are committed to reviewing this policy as soon as we become aware of any new, significant, relevant, factors, and at least every two years to assess its effectiveness and to update it in accordance with changes in the law.

Annex 1 Safeguarding Policy – Code of Safer Working Practice

Members of staff, volunteers and Trustees should:

Consider the wellbeing and safety all stakeholders in advance through proper planning and development of safe methods of working/activities.
Treat all children, young people and adults at risk with respect and dignity, keeping language, attitude and body language respectful!
Develop a culture where all stakeholders feel comfortable to point out inappropriate attitudes and behaviour in each other.
Never scapegoat, ridicule or reject a child or vulnerable adult, or allow others to do so.
Never make any kind of physical contact with a child that would not be considered appropriate within a school or business environment and report any inadvertent contact that could be misconstrued.
Avoid one-to-one access with children and young people; make sure that others can clearly observe you.
Avoid personal relationships with a child or adult at risk.
Ensure they do not adopt an aggressive or bullying tone, or one that might be perceived as such.
Obtain consent for any photographs/videos to be taken, shown or displayed.
Remember that inappropriate behaviour can also occur over the telephone, email, social media or internet – communication through social media should only be on public pages and avoid colloquial language/abbreviations which may be misinterpreted.
Remember always that all and any interactions with children, young people or adults at risk must be such that no reasonable person observing that interaction could construe its nature as abusive.
Ensure that children are accompanied by their teacher/parent/legal guardian or MiSP employee whilst on-site at an event.
Make it plain to whom someone can speak about a personal concern and be proactive in addressing concerns and allegations.

Report incidents of alleged abuse to the Designated Safeguarding Lead, Ben Chalwin (Head of Training)