Safeguarding Policy

SAFEGUARDING POLICY AND PROCEDURES

Designated Safeguarding Lead: Head of Community Engagement

Deputy Safeguarding Lead: Co-Director/Artistic Director

Chair of the Board of Trustees: Chair

CHAPTER ARTS CENTRE

Chapter is an international centre for contemporary arts and culture in Cardiff, Wales.

We produce and present inventive and compelling work across visual art, performance and film. At the heart of our building is our busy café bar which is a lively community hub that enables us to act as an important civic space, bringing artists, community and audiences together.

Our programme is outward-looking and aims to resonate with what's happening across the world and around the corner. We work with and for the people on our doorstep to create compelling, transformative experiences connecting art with community. As well as artists and creatives, we’ve made a particular commitment in the next three years to support the following groups: people from lower socio-economic backgrounds, young people aged 14-18 years, young people 18-25 years, people who identify as LGBTQIA+, people who identify as D/deaf, and Black, Asian & Minority Ethnic people. We acknowledge that many of these groups intersect and that, within our bilingual nation, our work must intrinsically centre and promote the Welsh language.

We support individual artistic practice, connecting deeply over time with creative practitioners to support their evolving career journeys – from one-to-one mentoring to subsidised rehearsal space, and networking opportunities to technical and curatorial advice. We’re home to 50 studios that house a vibrant creative community of more than 50 artists and makers on our campus. We support them, and the wider sector in Wales, to ensure that the artistic community is more confident, ambitious and sustainable. We do this in partnership with colleagues in our building and beyond because we understand that when we work together, we can create a more vibrant and diverse offer for audiences.

Chapter belongs to and is created by its community.

INTRODUCTION

Chapter works with children, young people and vulnerable adults as part of its activities, and in many different ways, and this includes working in partnership with other organisations, individuals and networks. Activities include (but are not exclusive to) workshops, live performances, exhibitions, film screenings, online activity, events, work placements and consultation. The purpose of our Safeguarding Policy and Procedures is to support our values and to ensure that we offer a safe environment for the children, young people and vulnerable adults with whom we work.

The Safeguarding Policy and Procedures applies to all staff, volunteers and other adults associated with Chapter. Chapter is committed to equity and inclusivity, and we seek to embed best safeguarding practice across all the work that we do.

For Chapter to ensure compliance with current legislation, this Safeguarding Policy will be reviewed once a year or after changes to Chapter’s business model or designated Safeguarding leads. It will also be reviewed in the event of changes to government legislation. Each time it is amended, all staff, freelance contractors, trustees and volunteers will be notified.

This policy is due to be reviewed on: 30/11/2023

Chapter has appointed the following Safeguarding Team:

Safeguarding Lead: Arron Singh, Head of Community Engagement

Deputy Safeguarding Lead: Hannah Firth, Co-Director/Artistic Director

Trustee Lead: Kami Lamakan, Chair

The Board of Trustees will check the implementation of the policy as part of an annual review and will review the training needs of staff and volunteers.

The purpose of this policy statement is:

To outline Chapter’s role in protecting children, young people and vulnerable adults who take part in our programmes or work with us,

To provide parents, staff and volunteers with the overarching principles that guide our approach to safeguarding and outlining the different procedures, roles and responsibilities.

This policy outlines the responsibilities of all staff, freelance contractors, trustees and volunteers working with and for Chapter. Safeguarding is the responsibility of everyone. All children, young people and vulnerable adults have an equal right to protection from all types of harm or abuse, regardless of their age, race, religion, ability, gender, language, background or sexual identity.

DEFINITIONS

The purpose of this policy is to support the safety and wellbeing of everyone, especially regarding children & young people and vulnerable adults. Safeguarding means protecting a person’s right to live in safety, free from abuse and neglect.

Safeguarding: the actions that are taken to promote the welfare of children, young people and adults at risk in order to protect them from harm. Safeguarding means:

Protection from abuse and maltreatment.
Preventing harm to health or development.
Ensuring the provision of safe and effective care.
Taking action to enable all people to have the best outcomes.

Child or young person: The United Nations Convention on the Rights of the Child (UNCRC) defines a child or young person as anyone up to the age of 18 years.

Vulnerable adult: Cardiff Council defines a vulnerable adult as a person aged over 18 in need of community care. This could be due to any of the following reasons:

Disability, age or illness.
Inability to take care of themselves.
Cannot stop themselves from being harmed, abused or exploited.
If someone has been assessed as not having the mental capacity to make Safeguarding decisions, those decisions will be made in their best interests as set out in the Mental Capacity Act (MCA) 2005 and the MCA Code of practice.

LEGISLATION GUIDANCE AND REFERENCE

This policy has been drawn up based on law and guidance which is intended to protect children & young people and adults at risk. The key legislation for Safeguarding is the Care Act 2014, and the Mental Capacity Act 2005. The Care Act 2014 made changes to adult social care by introducing a new general duty to ‘promote individual well-being’, it also put Safeguarding adults on a statutory footing for the first time.

Social Services and Well-being (Wales) Act 2014
All Wales Child Protection Procedures
Children Act 1989 and 2004
United Convention on the rights of the child 1991
Working together to safeguard children 2006
Human Rights Act 1998
Data Protection Act 1998
General Data Protection Regulations 2018
Safeguarding Vulnerable Groups Act 2006
Sexual Offences Act 2003
Children and Families Act 2014
Special Education needs and disability (SEND) Code of Practice – statutory guidance 2014
Charity Commission Safeguarding Children Guidelines
The Care Act 2014
The Protection of Freedoms Act 2012
The Equality Act 2010
Mental Capacity Act 2005
Cardiff and Vale of Glamorgan Local Safeguarding Children Board

The Safeguarding Policy should be read in conjunction with the Staff Handbook and the following Chapter policies:

Strategic Equalities Plan
Anti-Racism Action Plan
Welsh Language Plan
Code of Conduct
Data Protection Policy
Discipline and Grievance Procedures
Health and Safety
ICT and Social Media Policy

THE POLICY

The principles of this policy are underpinned by the Care Act 6 (2014) key principles:

Empowerment: people are being supported and encouraged to make their own decisions and informed consent.
Prevention: it is better to act before harm occurs.
Proportionality: the least intrusive response appropriate to the risk presented.
Protection: support and representation for those in greatest need.
Partnership: local solutions through services working with their communities.
Accountability: accountability and transparency in delivering safeguarding.

Policy Statement

Chapter believes that Safeguarding is paramount, and that everyone has the right to protection regardless of age, disability, gender, racial heritage, religious belief, sexual orientation or identity. Chapter is committed to anti-discriminatory practice and recognises the additional needs of children from minority ethnic groups and disabled children, and the barriers they may face, especially around communication.
Chapter will, always, have an appointed safeguarding lead, deputy lead, and a lead trustee for Safeguarding.
This policy (and any related policies and procedures) applies to all staff, trustees, consultants, volunteers, artists, interns and those working on behalf of Chapter – collectively referred to throughout this policy as ‘Chapter Staff’. Contractors and those providing a service on behalf of Chapter, for projects which come under the remit of this policy, unless bound to comply with their own Safeguarding Policy (which must be approved by Chapter), must comply with the terms of this policy and ensure that their employees and sub-contractors do likewise. This will form part of their engagement contract with Chapter.
Chapter will value, listen to and respect the experiences of the people we work with. If children, young people or vulnerable adults disclose information about abuse, self-harm or exploitation they will be taken seriously, and their concerns must be reported in line with Safeguarding protocols. All disclosures or concerns will be dealt with sensitively and promptly. It is not the role of the Safeguarding Team to decide whether abuse has taken place or not. The responsibility of the Safeguarding Team is to ensure that concerns are shared, and appropriate action taken.
Using our Safeguarding procedures to share concerns and relevant information with agencies who need to know, and involving children, young people, vulnerable adults, parents, families and carers appropriately. There may be times where, for an individual’s safety, we will not share information with other agencies, families or carers. Sharing information will be decided on a case-by-case basis by Chapter’s Safeguarding Team. For all programming and projects that happen with a partner, Safeguarding procedure will be included in the risk assessment of this activity and where appropriate, Safeguarding procedure will be included in partnership agreements.
Sharing information about Chapter’s Safeguarding Policy with children, vulnerable adults, their families, staff and volunteers via leaflets, website, letters and discussions.
Recruiting staff and volunteers safely, ensuring all necessary checks are made and that information relating to these checks is stored in line with Chapter’s Policy Procedures.
Provide effective management for staff and volunteers through supervision, support and training. Staff and volunteers can request additional support and training at any time from their line manager or the Safeguarding Team.
Implementing guidelines for good practice for staff, partners and volunteers using our procedures to manage any allegations against staff and volunteers appropriately.
Ensuring that we provide a safe physical environment for our children, young people, vulnerable adults, staff and volunteers, by applying health and safety measures in accordance with the law and regulatory guidance.
Recording and storing information professionally and securely. Please see Chapter’s Data Protection Policy.
At all times, have an appointed Safeguarding Lead, Deputy Lead, and a Lead Trustee for Safeguarding.
This policy is approved and endorsed by Chapter’s Board of Trustees and will be subject to annual review.

Accountability

Accountability for ensuring that Chapter fulfils its Safeguarding responsibilities rests with the Board of Trustees and the CEOs, however this responsibility is delegated to the designated Safeguarding Lead, named at the start of this document. The designated Safeguarding Lead and their Deputy have had the appropriate training in Safeguarding legislation and best practice, and are responsible for:

The actions set out within this Safeguarding Policy,
Maintaining a record of all Safeguarding related documents and reports,
Receiving and recording information regarding Safeguarding concerns,
Keeping the CEOs informed of any Safeguarding issues as soon as they arise,
Making formal referrals to relevant agencies and authorities about any Safeguarding concerns.

All Chapter staff have the responsibility to ensure that activities with which they are involved as part of their job are carried out in accordance with these procedures and any policies relating to it.

Staff are responsible for liaising with the designated Safeguarding Lead and their Deputy, to ensure that their projects have adequate safeguarding procedures, and they are responsible for ensuring that these procedures are followed by those reporting to them.

Recruitment

All Chapter Trustees and staff (including freelancers) will be appointed subject to the following checks:

Completion of written application including self-disclosure about criminal records,
Consent to the appropriate DBS checks in accordance with the remit of the post and current legislation,
Robust interviews that cover safeguarding, equity and diversity, knowledge and skills,
Receipt of two written references,
Verification of qualifications and identity.

The responsibility for determining whether a project or post falls under the remit of this policy rests with the designated Safeguarding Lead.

The designated Safeguarding Lead is responsible for ensuring that there is an up-to-date register of posts and projects which are subject to the Safeguarding Policy and procedures, and that all renewals of DBS checks are made when required. This responsibility can be delegated to the Deputy Safeguarding Lead.

The Designated Safeguarding Lead is also responsible for ensuring that:

Any concerns are treated as a priority and in accordance with the guidelines issued by the Care Act 2014 and procedures outlined in this document.
Any suspicions of abuse or disclosures of abuse are recorded appropriately.
Information is passed to the appropriate senior staff and/or authorities.
Any changes to this policy are communicated to all Chapter staff.

All Chapter Trustees and staff are expected to:

Put the welfare of children, young people and adults at risk as their priority and to liaise with the designated Safeguarding Lead over any concerns, suspicions or disclosures of abuse

Partnership Working

When developing a partnership project with an external organisation staff must, as part of a partnership agreement or Memorandum of Understanding, have Safeguarding specified in the agreement.

Chapter will not undertake a project with a partner who does not have an adequate safeguarding policy in place or do not subscribe to the Chapter policy.

The agreement will also cover details around how many DBS checked adults will be present at all times of the project activity with any child, young person or adult at risk, how we share data and images, what the specific DBS requirements are of the project, and an agreed code of conduct.

The Chapter project risk assessment (which covers safeguarding as a key aspect) will be shared in advance of the activity with the partners, all artists and freelance contributors.

PROCEDURES AND IMPLEMENTATION OF SAFEGUARDING POLICY

Responding to allegations of abuse

Once a child, young person or vulnerable adult has made a disclosure or allegation or if a staff member has a concern that a child, young person or vulnerable adult might be a risk to the safety of themselves or others they must not, under any circumstances, carry out their own assessment or investigation. Staff should contact the Safeguarding Team immediately. The Safeguarding Team will support the completion of an incident report form. This will be concise and factual. Chapter will keep a record of all incident report forms confidentially for a minimum of twelve years after the disclosure. Following this, the Safeguarding Team will report the concern/disclosure/allegation as follows:

Concerns

If any of the following occur to a child, young person or vulnerable adult

Accidental hurt
Distress in any manner
Misunderstanding or misinterpretation of something you have done

You should report this immediately to another colleague, ensure the parents/guardians of the child, young person or vulnerable adult are informed and record the incident using the guidelines in Appendix I.

The designated Safeguarding Lead should take advice from the Cardiff Council Safeguarding Team once a report has been received. Chapter has a Safeguarding incident report form which should always be used when raising concerns. This form is available in this document and on the shared drive.

If the designated Safeguarding Lead is not available then concerns may be raised with the CEO, who will ensure that the matter is referred to Cardiff Council Safeguarding Team if appropriate.

Standards of Staff Conduct

All staff when working with children, young people and vulnerable adults on a project, workshop or event should:

Promote fairness and equity.
Treat all children, young people and vulnerable adults equally and preserve their dignity.
Always remain professional.

Staff should NOT:

Share their personal contact details with any participants or audiences involved in work (this includes mobile phone numbers, where appropriate Chapter will provide project staff with business phones).
Share personal social media with participants or audiences (projects staff using social media for business purposes should have a separate account set up for the purposes of work).
Make sexually suggestive comments towards any child, young person or adult engaged in our projects.
Physically assault or abuse anyone.
Engage in inappropriate touching of any kind.
Carry out anything of a personal nature for the child, young person or adult.

It is strongly recommended that staff do not, except in emergency situations:

Go into the toilet with a child, young person or adult at risk, unless another adult is present.
Spend time alone with a child, young person or adult at risk on their own. If they are in a situation where they are alone with a child, young person or adult at risk they should ensure that they can be clearly observed or seen by others.

When to break confidentiality

A member of staff should always seek consent and respect an individual's right to choose when dealing with a Safeguarding referral. However, if you feel that any of the following are present then consent may not be needed:

Other people are, or may be, at risk, including children.
Sharing could prevent a crime.
The alleged abuser has care and support needs of their own and may also be at risk.
A serious crime has been committed.
Members of staff are implicated.
The person may be being coerced.
The risk is unreasonably high and meets the criteria for a multi-agency risk assessment conference referral.
A court order or other legal authority has asked for information.

Staff should:

Approach any child, young person or vulnerable adult in distress and ask if they can help.
Seek assistance from colleagues or supervisors where appropriate.
Be aware of the possibility of danger from others and question situations that they find suspicious.
Act professionally in all matters.
Be conscious of their situation and avoid any situation which might appear compromising.
Report any suspicions or allegations of abuse or inappropriate conduct immediately to the designated Safeguarding Lead.

Staff should NOT:

Physically restrain anyone except in exceptional circumstance such as prevention of injury to themselves or others.
Speak to the press. All media queries must be referred to the designated Safeguarding Lead. No one other than the CEOs, designated Safeguarding Lead or Deputy should make any comment to the media, and to do so may lead to disciplinary action.

APPENDIX I: INCIDENT REPORT FORM

This form will be used by members of staff, freelance contractors, trustees or volunteers to record disclosures or suspicions of abuse as a result of working with children, young people or vulnerable adults. The competed form should be given to the Safeguarding Team who will be responsible for making decisions about any further actions needed. The Safeguarding Team will support the completion of this report and may ask for further information. This form will be stored safely and securely for a minimum of twelve years.

All allegations, complaints or suspicions of abuse should be recorded immediately. Details of incidents should be recorded in as much detail, and as accurately as possible. Any disclosures of abuse being made by children, young people or vulnerable adults should factually reflect what was said.

Section 1 – details of person at risk
Name of person
Address
Date of Birth
Age if date of birth not  known
GP practice (if known)
Contact number
Section 2 – your details
Name
Contact phone number(s)
Email address
Line manager or alternative  contact
Name of organisation
Your Role in organisation
Section 3 – details of Concern
Detail what you have seen/been told/other that makes you believe the adult at risk is being abused or is at risk of abuse (include dates/times/evidence from records/photos etc.)


Section 4 - Abuse type(s) – please tick as many as you feel may apply
Physical	Psychological	Financial
Sexual	Discriminatory	Organisational (formerly  institutional)
Neglect	Hate incident/crime	Mate Crime
Internet abuse	Modern slavery	Female genital Mutilation  (FGM)
Forced Marriage	Domestic abuse	Radicalisation
Self-Neglect
Section 5 - Have you discussed your concerns with the person? What are their views,  what outcomes have they stated they want (if any)?

Section 5A – Reasons for not discussing with the person
Person lacks capacity
Person unable to communicate their views
Discussion would increase the risk
State why the risks would increase
Section 5B - Have you discussed your concerns with anyone else? E.g. carer/ parent   What are their views?


Section 6 – What action have you taken /agreed with the person to reduce the risks?
Information passed to DSL, confirm details:	Referral to Social Care Confirm details:
Contact with the police Confirm details:	Referral to other agency – please confirm details:
Other – please state what
No action agreed – state why
Section 7 – Risk to others
Are any other adults at risk     Yes/No – delete as appropriate
If yes state why and what actions have been taken to address these?
Are any children at risk           Yes/No Delete as appropriate
If yes state why and what actions have been taken to address these?
Signed:
Date:

OFFICE USE ONLY 

Section 8 – sharing the concerns (To be completed by Designated Safeguarding Lead) 

Details of your contact with the adult at risk. Have they consented to information being shared outside of Chapter? 

Details of contact with the Parent / Carer / Guardian / Social Care Team where the person at risk lives – advice can be still sought without giving personal details if you do not have consent for a referral 

Details of any other agencies contacted 

Details of the outcome of this concern 

APPENDIX II: TYPES OF ABUSE AND NEGLECT

There are different types and patterns of abuse and neglect and different circumstances in which they may take place. The Care Act 2014 identifies the following as an illustrative guide and is not intended to be exhaustive list as to the sort of behaviour which could give rise to a safeguarding concern.

Self-neglect – this covers a wide range of behaviour: neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour such as hoarding.

Modern Slavery – encompasses slavery, human trafficking, forced labour and domestic servitude. Traffickers and slave masters use whatever means they have at their disposal to coerce, deceive and force individuals into a life of abuse, servitude and inhumane treatment.

Domestic Abuse and coercive control – including psychological, physical, sexual, financial and emotional abuse. It also includes so called 'honour' based violence. It can occur between any family members.

Discriminatory Abuse – discrimination is abuse which centres on a difference or perceived difference particularly with respect to race, gender or disability or any of the protected characteristics of the Equality Act.

Organisational Abuse – including neglect and poor care practice within an institution or specific care setting such as a hospital or care home, for example, or in relation to care provided in one’s own home. This may range from one off incidents to on-going ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.

Physical Abuse – including hitting, slapping, pushing, kicking, misuse of medication,

restraint or inappropriate sanctions.

Sexual Abuse – including rape, indecent exposure, sexual harassment, inappropriate looking or touching, sexual teasing or innuendo, sexual photography, subjection to pornography or witnessing sexual acts, indecent exposure and sexual assault or sexual acts to which the adult has not consented or was pressured into consenting.

Financial or Material Abuse – including theft, fraud, internet scamming, coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions, or the misuse or misappropriation of property, possessions or benefits.

Neglect – including ignoring medical or physical care needs, failure to provide access to appropriate health social care or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating.

Emotional or Psychological Abuse – this includes threats of harm or abandonment,

deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or withdrawal from services or supportive networks.

Indicators of abuse and neglect

Abuse can take place in any context and by all manner of perpetrator. Staff, volunteers or contractors may suspect that an attendee is being abused or neglected outside of the Chapter setting. There are many signs and indicators that may suggest someone is being abused or neglected, these include but are not limited to:

Unexplained bruises or injuries.
Someone losing or gaining weight/an unkempt appearance. This could be a participant whose appearance becomes unkempt and deterioration in hygiene.
A change in the behaviour or confidence of a person. For example, a participant may be looking quiet and withdrawn when their family member comes to collect them from sessions, in contrast to others whom they greet with a smile.
They may self-harm.
They may have a fear of a particular group or individual.
They may tell you/another person they are being abused – ie a disclosure.
Participants sending unwanted sexually explicit text messages to other participants they are working alongside in a project.
A participant threatening another participant with physical harm.

APPENDIX III: CAPACITY – GUIDANCE ON MAKING DECISIONS

The issue of capacity or decision making is a key one in Safeguarding adults. It is useful to have an overview of the concept of capacity.

We make many decisions every day, often without realising. We make so many decisions that it’s easy to take this ability for granted.

But some people are only able to make some decisions, and a small number of people cannot make any decisions. Being unable to make an independent decision is called ‘lacking capacity’.

To make a decision we need to:

Understand information
Remember it for long enough
Think about the information
Communicate our decision

A person’s ability to do this may be affected by things like learning disability, dementia, mental health needs, acquired brain injury, and physical ill health.

The Mental Capacity Act 2005 (MCA) states that every individual has the right to make their own decisions and provides the framework for this to happen.

The MCA is about making sure that people over the age of 16 have the support they need to make as many decisions as possible.

The MCA also protects people who need family, friends, or paid support staff to make decisions for them because they lack capacity to make specific decisions.

Our ability to make decisions can change over the course of a day.

Here are some examples that demonstrate how the timing of a question can affect the response:

A person with epilepsy may not be able to make a decision following a seizure.
Someone who is anxious may not be able to make a decision at that point.
A person may not be able to respond as quickly if they have just taken some medication that causes fatigue.

In each of these examples, it may appear as though the person cannot make a decision. But later in the day, presented with the same decision, they may be able to at least be involved.

The MCA recognises that capacity is decision-specific, so no one will be labelled as entirely lacking capacity. The MCA also recognises that decisions can be about big life-changing events, such as where to live, but equally about small events, such as what to wear on a cold day.

To help you to understand the MCA, consider the following five points:

Assume that people are able to make decisions, unless it is shown that they are not. If you have concerns about a person’s level of understanding, you should check this with them, and if applicable, with the people supporting them.
Give people as much support as they need to make decisions. You may be involved in this – you might need to think about the way you communicate or provide information, and you may be asked your opinion.
People have the right to make unwise decisions. The important thing is that they understand the implications. If they understand the implications, consider how risks might be minimised.
If someone is not able to make a decision, then the person helping them must only make decisions in their ‘best interests’. This means that the decision must be what is best for the person, not for anyone else. If someone was making a decision on your behalf, you would want it to reflect the decision you would make if you were able to.
Find the least restrictive way of doing what needs to be done.

APPENDIX IV: USEFUL CONTACTS AND RESOURCES

Useful contacts