POLICY

Safeguarding policy & procedure

A radical approach to safeguarding that questions the definition of "vulnerable" and instead places all people we work with at the heart of the policy holistically. We propose a shared opportunity to use non-punitive procedures, ask for consent, offer a matrix to attempt to diffuse conflict or avoid involving external agencies and supporting both victim…

Policy

Introduction

Ort Gallery is committed to safeguarding the welfare of children, young people and adults and we recognise that we have a duty of care for the children and adults who we work with. This policy lines out how we safeguard audiences, participants and employees of Ort Gallery.

About our work

We believe that everyone has the right to live their lives free from violence and abuse. At Ort Gallery we actively bring people together who might not have met outside of our activities. This can cause additional safeguarding issues which is why we take our safeguarding role seriously.

Definitions

For the purpose of this policy, safeguarding is defined as action to prevent abuse or to protect persons thought to be at risk of abuse or neglect or actions that violate their human and civil rights.

We understand in this policy the term children to apply to 0-18 year olds although the values that underpin it apply to everyone we work with.

Radical Safeguarding & “Vulnerable” People

Because of the above we take a radical approach to safeguarding: we do not define specific individuals as “at risk” or “vulnerable” due to their racial, sexual, gender identity, age or disability status or the intersections of all of those. Instead, we treat people as complex individuals on their own journey. We aim to safeguard everyone we work with.

Commitment to Inclusion

We are committed to anti-discriminatory practice. We are actively seeking to minimise the risk to children and adults presented by the work we undertake and to report abuse and neglect.

However, before jumping to conclusions about someone based on their identity we will use the principles of discernment (to listen and know when to speak and when to remain quiet) and positionality (to understand who you are in relation to the other person).

We will ensure we set up professional and healthy relationships to the children and adults we work with, in doing so we lay the groundwork for creating safer spaces that will allow us to safeguard everyone including our own team and selves. We will remind ourselves why we are doing this work and we will treat people as complex individuals, trying to see them holistically, even if they cause harm. We aim to approach everyone with openness and curiosity rather than judgement.

At Ort Gallery we endeavour to always work in a warm way. This means we use care and empathy when working with people. As a community we enter into a social contract taking collective responsibility and ownership of the space. Should conflict arise we use a collective response. This work goes beyond the removing of harm and instead creates a culture of openness, curiosity, safety and warmth.

We also ask for consent in everything that we do. This way we avoid making judgements on behalf of others, making decisions or speaking for them. We see this as a community effort to safeguarding all people and avoiding abuse from taking place in the first place.

Designated Safeguarding Lead

Safeguarding is a collective responsibility of the whole team at Ort Gallery, including our board of directors. However, we designate a lead for Safeguarding to ensure this is done in a timely and lawful way. Our designated lead is [Safeguarding Lead] who is responsible for;

  • Annually review, update and disseminate the safeguarding policy, safeguarding procedures and code of conduct
  • Ensure that appropriate training is available
  • Receive any concerns about the protection of an individual that may have been raised
  • Assess the information promptly and carefully, clarifying or obtaining more information about the matter appropriately
  • Ensure the safeguarding policy and procedures are followed and accurate information recorded
  • Keep relevant people in the organisation informed about action taken, further action required, for example disciplinary action against a member of staff
  • Ensure appropriate support and advice is given to members of staff who have been disclosed to, or involved with a particular matter.

If you wish to speak to [Safeguarding Lead] regarding safeguarding issues please email her at [email].

Selection of Staff & Volunteers | DBS Checks

All staff and volunteers receive a written description outlining their roles, what is expected from them and their responsibility to safeguard children and adults.

We offer safeguarding training to all staff and regular refreshers.

Any member of staff working 1 to 1 with adults or children will have been DBS checked prior to the start of the activity.

Any members of staff or volunteers working with adults or children without a DBS check will never be alone with an adult or child and only support the work of DBS checked members of staff.

Ort Gallery pays for the DBS checks necessary for all staff.

We endeavor to have an open dialogue with staff and volunteers whose DBS check comes back with notes of convictions. We never want to make judgements about someone’s past without allowing them to put their actions into context. We also want to allow people with prior convictions unrelated to their role at Ort to be given a chance in building up their work experience.

If Ort Gallery dismiss a member of staff or a volunteer because they have harmed a child or adult, or would have done so if they had not left, the designated lead will notify the Disclosure and Barring Service.

Behaviour of Staff and Volunteers

Staff and volunteers must treat children and adults with respect, must not make racist or sexist remarks and must avoid showing favouritism.

All staff and volunteers have a responsibility to;

  • Safeguard children and adults
  • prevent abuse of children, especially young children and ensure they are not being bullied or raise awareness of such behaviour immediately
  • seek medical help in an emergency

It is never acceptable for a member of staff or a volunteer to provide personal care to any individual at Ort Gallery. This is because the work we undertake at Ort Gallery should never include this kind of activity and participants should bring a carer or guardian with them if they are in need of personal care on our premises.

Ethos

Ort Gallery is a place where safety, care and empathy are part of our ethos. We therefore have several policies to ensure we treat all members of staff with respect and we support and empathise with someone’s situation.

Please refer to our Code of Conduct, Equity and Inclusion Policy and Complaints Policy. In these documents we line out that we treat all members of staff and freelancers fairly and without prejudice, that we will use radical empathy to understand someone’s situation and that we will make consensus decisions as a team with and not about the individual.

When a member of staff or freelancers suffers abuse

As soon as a member of staff or freelancer informs us of having received abuse from within or outside of the organisation we will take this matter seriously. Wherever appropriate we will remove them from the site where harm occurred and physically ensure there is space between the perpetrator and victim. This might include not allowing the victim to enter the place of work until the issue has been addressed. This is to keep the person safe from further harm, not to punish them.

We will keep our lines of communication open at all times and ensure the victim has access to support such as working with an external mediator or counsellor or referring them to another service. This will be done with discretion and only once they have agreed to this taking place.

We will not discuss what is happening with anyone outside of the immediate circle of affected people. Whilst at this stage the report is merely an allegation we will believe the person raising the report until we know otherwise. Their wellbeing is our main priority.

We will also ensure we keep communications line open with the individual or group of people who are receiving the allegation of abuse if this is possible. For an external person or group this might not be always possible. If we do have contact details then we will inform them of the next steps we will take to resolve the issue.

Lone Working & Late Nights

No member of staff will ever be alone in the building at any time of day or night. The building manager or relevant replacement will always be present to ensure everyone leave the building in a safe manner.

Ort Gallery cover all travel and other safeguarding expenses of the people we work with to ensure we keep them safe. This will include having a conversation to ensure we understand what access support is needed.

Restraint

Ort Gallery accepts a definition of restraint as an action intended to curb or restrict another person’s freedom of action. We recognise that restraint can take many forms including: physical restraint, forced care, physical intervention, chemical restraint, environmental restraint, electronic surveillance and medical restraint.

The use of restraint can happen under many circumstances, which includes situations where the risks to a person’s safety are considered too high to be acceptable.

The most common situations, where restraint may be indicated, include those where there are needs to protect another person or other people from harming or injuring themselves or others physically or psychologically or to protect property and possessions.

The use of restraint may be quite reasonable and acceptable in some situations but unreasonable and tantamount to abuse in others.

When restraint is acceptable and reasonable

At all times we will try to empathise with both parties and ensure that we keep the vulnerable party safe. However, we will do this by speaking to the people involved and giving them notice that restraint will be used before using it.

The use of restraint is only acceptable when people’s safety is clearly at risk. Restraining interventions must then be appropriate to the situation and must be discontinued once the immediate danger has gone.

Staff actions should be directed at preempting the need for any form of restraint. If physical or any other form of restraint is needed it should be undertaken solely with the interests of keeping the person and other people safe.

The least restrictive form of intervention appropriate to the situation should always be used. It is never acceptable to use forms of restraint that are unnecessary or dangerous to the person being restrained.

Staff Development

All staff and volunteers are given this policy and safeguarding procedures to read and understand.

We will also offer relevant training to all staff and volunteers with regular refreshers. We will offer PIE / trauma informed safeguarding training regularly to the whole team.

Photography and Filming

Ort Gallery will obtain formal permission will be obtained for the photographing or filming of a child from a parent or guardian, and the specific use of the images/footage. Permission for the photographing or filming of an adult will be sought from them where appropriate. We will also ask permission of any audience members before commencing filming or photography. This is because it might not align with the person’s beliefs to be filmed or photographed and is best practice.

PROCEDURE

All employees, freelancers and volunteers working with children and adults are required to familiarise themselves with these procedures.

These procedures are to support staff in the process of raising a concern about suspected abuse. In all cases, any suspicion, allegation, incidents of abuse or actions taken must be reported to the designated member of staff responsible for safeguarding children and adults ([Safeguarding Lead]) as soon as possible.

Types of Abuse and Neglect

Detailed definitions are included in basic safeguarding training provided to members of staff and volunteers

The following definitions of abuse also apply to Adults

  • Financial and Material Abuse
  • Discrimination
  • Institutional Abuse
How might you recognise or become aware of abuse?

Recognising abuse is not easy, and it is not your responsibility to decide whether abuse has taken place or if an individual is at significant risk. You do have the responsibility however to raise any concerns you may have and all complaints, allegations, or suspicions must be taken seriously. Please remember that sometimes raising awareness can be more harmful to the individual so act carefully and speak to the team before contacting a third party. Always question your intentions and ask for consent if possible!

You may become aware of abuse by:
  • A child or adult telling you
  • Someone else reporting that a child or adult has told them or that they strongly believe that they have received some form of abuse.
  • An individual might show some signs of physical injury for which there appears to be no satisfactory explanation.
  • An individual’s behaviour may indicate that it is likely that she or he is being abused.
  • Observing one child or adult abuse another.
De-Escalation of a Conflict

Before contacting a service as outlined below, or if you have been asked not to contact the police/social services by the victim of abuse/harm, we would like to offer this community-led de-escalation matrix:

Find the matrix here: https://www.ortgallery.co.uk/policies-2024 [Requires free sign-up to log-in]

Reporting Child Abuse

In an emergency phone 999. If you think there has been a crime contact the police straightaway. Call West Midlands Police on 0345 113 5000 or 101. From outside the West Midlands phone 0345 113 5000.

If you have any concerns about the safety or welfare of a child or young person, contact the Multi-Agency Safeguarding HUB (MASH) by telephoning 0121 303 1888 or emailing MASH@birmingham.gov.uk

Outside normal office hours please telephone the Emergency Duty Team on 0121 675 4806.

Ort Gallery will report all child protection concerns to the relevant Safeguarding Agency on the same day.

Reporting Adult Abuse

In an emergency phone 999. If you think there has been a crime contact the police straightaway. Call West Midlands Police on 0345 113 5000 or 101. From outside the West Midlands phone 0345 113 5000.

If it is not an emergency and you want to report adult abuse please call the “Adults & Communities Access Point” (ACAP) on 0121 303 1234 and press option 1 on your keypad.

Out of Hours Access – In an emergency outside office hours, on weekends and during Bank Holidays phone the Emergency Duty Team on 0121 675 4806 or the police and tell them you are worried about possible adult abuse.

The Emergency Duty Team is available at the following times:

5.15pm to 8.45am (Monday to Thursday) or 4.15pm to 8.45am (Friday to Monday)

Position of Trust

Someone who is in a ‘Position of Trust’ – if your enquiry is about someone who is in a ‘POSITION OF TRUST’ please phone 0121 303 6906. You can find out more about people in a ‘position of trust’ through www.bsab.org/how-to-report-abuse

Other teams and contacts – please be aware that you can also contact directly the hospital social work teams, the mental health social work teams and Birmingham Institute for the Deaf (BID) where they are the appropriate team for the person you are concerned about. For contact details visit www.bsab.org/how-to-report-abuse

Code of Conduct | In all cases:

  • Take action to ensure that further harm cannot occur.
  • If the person is physically injured or in need of immediate medical attention, consider calling an ambulance or the person’s own doctor.
  • If the abuse amounts to a criminal offence, the Police should be contacted and any physical evidence preserved.
  • Reassure the child, young person or adult that their account will be listened to and taken seriously.
  • Note what the child, young person or adult and any other witness tells you, using the exact words spoken – write it down, making a note of the time and date.
  • Report the details to a team member or [Safeguarding Lead] as soon as possible – do not delay.

Code of Conduct | Do not:

  • Ask the child, young person or adult leading questions about the alleged abuse and avoid intrusive questioning.
  • Promise that you will not share information – you have a responsibility to disclose information to those who need to know.
  • Assume that someone else will recognise and report when children, young people or adults. If the behaviour of another member of staff, a volunteer, relative or another service user causes you concern – don’t ignore it – report it as soon as possible.

Staff and volunteers should not try to investigate whether or not a child or adult has been abused. This responsibility lies with children’s/adult social care and the police. The staff member or volunteer should tell the person in charge (and/or [Safeguarding Lead]) about their concerns. If the person in charge does not feel that there is any cause for concern but a staff member or volunteer disagrees, the concerns must be passed on to the relevant safeguarding agency.

Safeguarding is the individual responsibility of each person – if any person remains concerned about a child or adult protection issue, the concern must be reported.

If you are suspicious about a particular person, do not try to question them yourself.

Responding to suspicions of Abuse

If you suspect abuse:

  • Make the person with legal responsibility for the child of adult aware of the situation. If you suspect that the person with legal responsibility is actually the source of the problem, you should make your concerns known to another member of staff.
  • Make a note for your own records of what you witness as well as your response.
  • Report to [Safeguarding Lead] what has happened and what action has been taken.

Responding to a Child or Adult disclosing to you

It is possible that a child or adult who has suffered abuse will confide in you. This is something you should be prepared for and must handle carefully. The following action should be taken:

  • Stay calm
  • Listen carefully to what is said and allow the person to tell you at their own pace
  • Ask questions only for clarification. Don’t ask questions that suggest a particular answer.
  • Don’t promise to ‘keep a secret’. Explain that you will need to share the information with others. Make it clear that you will only tell the people who need to know and who should be able to help.
  • Reassure the individual that ‘they did the right thing’ in telling someone.
  • Tell the individual what you are going to do next.
  • Speak immediately to the person with legal responsibility for the individual or [Safeguarding Lead]. It is that person’s responsibility to liaise with relevant authorities, usually social services.
  • As soon as possible, make a note of what was said during the disclosing conversation, using the child or adult at risk’s own words. Note the date, time any names that we involved or mentioned, who you gave the information too. Make sure you sign and date your record.
  • Report to [Safeguarding Lead] what has happened and what action has been taken.

Responding to Allegations of Abuse against a Member of staff

Any suspicion, allegation or actual abuse of a child or adult by a member of staff must be reported to [Safeguarding Lead] as soon as possible. If [Safeguarding Lead] cannot be contacted, or that member of staff is involved in the allegation, the report should be made to an Ort Gallery director.

On being notified of any such matter [Safeguarding Lead] shall take such steps as she considers necessary to ensure the safety of the individual in question and any other individual who might be at risk.

The allegation shall be dealt with with urgency and seriousness.

If an allegation is made about a member of staff or a volunteer, this will be referred to the MASH or ACAP, who will make enquiries.

If an allegation is made about a member of staff or a volunteer, or for any other reason suspicion falls on a member of staff or a volunteer, Ort Gallery will follow the advice of the police and social care until the enquiries are complete.

It may be necessary to suspend the staff member or volunteer from involvement in any contact with children or adults to safeguard the welfare of children and adults. This does not mean that the person is guilty.

Ort Gallery recognises that the member of staff or volunteer may need for support at this time and will help them to identify suitable sources of support.

When suspicion falls on a staff member or volunteer

There are three possible outcomes:

  • It may be proved that the person has abused one or more children/adults or put one or more children/adults at risk of harm,
  • It may be proved that the person is not guilty of abuse, or
  • The enquiries may be inconclusive, leaving suspicion, but no proof about the person’s behaviour.

The last of these possibilities always raises sensitive issues and it is important that you consider how you would deal with it.

If suspicion falls on the person to whom you would normally report their concerns please speak to a director of Ort Gallery but do not challenge the individual directly.

Recording and Reporting Information

  • A full record should be made as soon as possible of the nature of the allegation and any other relevant information including:
  • The date and the time
  • The place where the alleged abuse happened
  • The name of the complainant and, where different, the name of the individual who has allegedly been abused and any other names mentioned
  • The nature of the alleged abuse
  • Description of any injuries observed
  • The account which has been given of the allegation
  • Making sure you sign and date it

Following an allegation, all details of the report and actions taken after shall be made by the designated member of staff including the above plus:

  • Parties who were involved
  • Any action taken by the school or venue organisation to investigate the matter further
  • Any further action e.g suspension of worker
  • Where relevant, reasons why there is no referral to a statutory agency
  • Names of persons reporting and whom reported

The record should be clear and factual as it may be needed as evidence in court. Copies of reports, notes etc will be kept securely at all times and kept for a period of six years.

Co-operating with Safeguarding enquiries

Safeguarding enquiries are carried out by social care and the Police, usually acting together. Staff and volunteers are expected to co-operate with safeguarding enquiries, as far as is reasonable within the role of the organisation and of the staff member or volunteer.

Social care and the Police may not be clear about the agency’s role and purpose. Staff and volunteers can and should question any request that seems inappropriate.

Written by [Safeguarding Lead] (People & Organisation Development – Job Share)

Signed off by [xxxxxxx] (Artistic Lead)

Reviewed on: 17/10/2024

Next review date: 17/10/2025

Ort Gallery
ortgallery.co.uk

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