Our Policies

EXIT SITE

Safeguarding and Protecting People from Harm Policy and Procedure

Contents

1. Safeguarding Policy

Introduction and Context

2. Scope of this Policy

3. Principles Underpinning Our Approach to Safeguarding

4. Designated Safeguarding Leads

5. Identifying Those at Risk

6. Procedure for Reporting, Recording, and Managing Safeguarding Concerns

Figure 1. Process for reporting incidents internally

7. Implementation and Quality Monitoring

8. Safeguarding and Trustees Duties

9. 'Prevent' and Safeguarding

10. Good Practice and Supporting Documentation

11. Other relevant policies

12. Appendix A:

Adults at Risk Safeguarding Role: Trustees
Role of the Designated Safeguarding Lead

13. Appendix B:

Procedure for Reporting and Managing People at Risk

14. Appendix C:

Safeguarding Pro Forma
Breach of confidentiality may include:

15. Appendix D:

References and Further Reading

16. Appendix E:

Types of Abuse

17. Appendix 3

Useful Contacts

1. Safeguarding Policy

Introduction and Context

Protecting people and safeguarding responsibilities is a priority for The Baby Star-Dust Foundation.

The Baby Star-Dust Foundation supports and works with and has contact with a wide range of people who may be at risk of harm.
The Baby Star-Dust Foundation supports the rights of people to live in safety, free from abuse and neglect. We aim to provide a safe and trusted environment that safeguards everyone, including beneficiaries, staff, and volunteers.
The aim of this policy is to set out how The Baby Star-Dust Foundation promotes an organisational culture that prioritises safeguarding and manages reported incidents or concerns sensitively and properly. It demonstrates how safeguarding concerns and incidents are prevented, identified, and handled, along with the responsibilities of the Board of Trustees in ensuring that risks are managed appropriately, through clear routes of escalation.
Ultimately, Trustees have accountability to safeguard children and adults at risk and protect anyone who encounters The Baby Star-Dust Foundation from harm.
The policy has been written with the Human Rights Act (1998), Care Standards Act (2000), Mental Capacity Act (2005), Safeguarding Vulnerable Groups Act (2006) and the Care Act (2014)
See Appendix F for further details of relevant legislation and guidance that shapes and informs our approach.

2. Scope of this Policy

2.1. The Baby Star-Dust Foundation follows the broadest definition of safeguarding. This goes beyond the traditional vulnerable and ‘at risk’ groups and applies to protecting everyone that encounters The Baby Star-Dust Foundation from harm

2.2. This policy therefore applies to all contexts in which we encounter individuals who may be at risk of harm

2.3. However, given the nature of the Charity, it is recognised that the most likely individuals that we will encounter, in the context of this policy, are adults at risk.

2.4. The Care and Support Statutory Guidance, issued under the Care Act (2014), defines an adult at risk as:

Any adult (aged 18 years or over) who:

Has needs for care or support (whether or not the local authority is meeting any of those needs and regardless of mental capacity)
Is experiencing, or at risk of, abuse and /or neglect
As a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse and/or neglect

An 'adult at risk’ could include:

People with a disability/physical impairment
Older people
People with learning difficulties/disabilities
People with mental health needs
People with sensory impairments
People who have suffered brain /head injury
People who misuse drugs and alcohol

2.5. Safeguarding means protecting individuals’ rights to live in safety, free from abuse, harm, and neglect. See Appendix E for information on different types of abuse and neglect.

3. Principles Underpinning Our Approach to Safeguarding

3.1. Protecting people and safeguarding responsibilities is a priority at The Baby Star-Dust Foundation. This includes recognising that safeguarding and protecting people from harm goes beyond simply implementing policies and processes. As a fundamental responsibility for Trustees, safeguarding and protecting people must go to the heart of the organisations culture.

3.2. The Baby Star-Dust Foundation to provide a safe, trusted environment for all employees, volunteers, and the community to respond promptly and appropriately to reports of anyone who is actually or potentially at risk. We do this by:

Safeguarding the welfare of the community we benefit, employees and volunteers, embedding it in everything that we do.
Having recruitment, selection and training procedures for employees and volunteers.
Requiring all external agencies that we work with to comply contractually with the policy.
Providing training to all employees and volunteers to ensure they understand and follow the approach and procedures laid out in this policy.
Having procedures to ensure that concerns of abuse or neglect are dealt with appropriately and that action is taken promptly.
All employees have access to the designated safeguarding lead who will have the details of the appropriate agencies to whom they can report concerns of abuse.
Recognising differences in legislation for safeguarding across the UK but adopting the equal principle that these people should be protected from abuse and neglect.
Ensuring our fundraising activities are ethical. Fundraising activities are carried out in accordance with the The Baby Star-Dust Foundation values and we strive to meet the highest of ethical standards.
Conducting a rolling programme of Disclosure and Barring Service Checks on appropriate staff and volunteers

4. Designated Safeguarding Leads

4.1. All employees and volunteers have a responsibility to report concerns relating to abuse or neglect that arise in the course of their work.

4.2. The designated safeguarding lead (DSL) within the organisation, to whom an employee should report such concerns, is Lynsey Heeley.

4.3. The Trustees holds ultimate accountability for the governance of all safeguarding matters. Please see Appendix A for lines of accountability and responsibility within the organisation and the role of Trustees. On the Board of Trustees Catherine Jones has been appointed the Designated Safeguarding Officer (DSO), who oversees all safeguarding matters.

5. Identifying Those at Risk

The following is a list of ways in which a safeguarding incident may occur. (It is noted that this list is not exhaustive):

a) through services being provided by The Baby Star-Dust Foundation

b) public events and talks

c)Fundraising or social event.

d)volunteer report or complaint

e)Member of the community we serve and support reporting an incident

f)Outbound calls from the charity

6. Procedure for Reporting, Recording, and Managing Safeguarding Concerns

6.1 The priority is to ensure the safety and protection of the person at risk of harm. To this end it is the responsibility of all employees and volunteers to act on any concerns of abuse or neglect, passing these to the designated safeguarding lead within the organisation.

6.2 Please see Appendix B Procedure for employees, volunteer and Trustees reporting concerns/incidents of suspected risk or abuse.

6.3 The supporting Safeguarding Procedure also outlines practical steps to follow if on a potential safeguarding call.

6.4 It is not the responsibility of anyone working, either paid or unpaid, within the organisation, to decide whether or not abuse has taken place or to carry out an investigation as this is the role of the local authority and/or police. These agencies hold the lead responsibility for establishing and co-ordinating the local intra-agency framework for safeguarding adults at risk and child protection.

6.5 All employees are required to act on any concerns raised and ensure that a decision is made on the appropriate action to be taken in each case. They are required to ensure that they act in line with organisations policy.

6.6 If someone with whom The Baby Star-Dust Foundation is in contact with makes a disclosure of abuse or neglect, care should be taken to explain to them that a report will be made to the designated lead and/or appropriate agency.

6.7 If it is considered by an employee or volunteer that someone is in immediate danger, then the police should be contacted without delay and a report made to the DSL.

6.8 Any suspected abuse or neglect must be reported, as soon as is practically possible, to the Designated Safeguarding Lead so a decision can be made as to who will report the concerns to the appropriate agency.

6.9 If an employee or volunteer is suspected of abuse this must be brought to the immediate attention of the DSL, who will alert the appropriate agency. The DSL will suspend, or remove from active service, the employee or volunteer pending the outcome of an investigation.

6.10 If the DSL is suspected of abuse this must be reported to the DSO.

6.11 If the DSO is suspected of abuse this must be reported to the DSL, supported by the Chair of the board of Trustees.

6.12 Any concern should be documented in the safeguarding pro-forma with further actions and outcomes and stored in a protected file to be accessed only by the authorised Designated Safeguarding Leads.

6.13 Personal information may be disclosed without the individual’s consent if there are reasonable grounds to believe that an individual is at risk of harm.

Figure 1. Process for reporting incidents internally

7. Implementation and Quality Monitoring

7.1 All employees, volunteers and trustees will be made aware of the updated policy and be required to confirm that they have read it. The policy will be published on our website.

7.2 The policy will be reviewed on an annual basis to ensure it meets best practice, legislative guidelines.

7.3 All employees who may encounter those at risk from harm receive specialist training annually and regular updates. See details below:

All new employees, volunteers and directors will attend induction which contains information on all relevant policies and procedures.
Refresher training will be provided annually unless a change in national safeguarding policy/ guidance indicates otherwise.
Designated Safeguarding Leads will receive specialist safeguarding training on an annual basis.
Specialist training is provided to trustees, Staff and Volunteers where ‘one-to-one’ contact with those at risk from harm is an integral part of the role, this includes fundraising volunteers being trained to recognise trigger phrases which may identify potential vulnerable people.
Updates and internal communications will update employees and volunteers annually on any changes to the relevant safeguarding legislation.
In addition, all employees receive a reminder of our internal safeguarding procedures.

7.3.1 The organisation will ensure that any external agencies it works with to provide fundraising activities has a Safeguarding Policy in place.

7.3.2 All reported incidents will be recorded by The Baby Star-Dust Foundation in line with this policy and reported to the designated Safeguarding Officer and Board of Trustees on a quarterly basis. However, in exceptional cases the Designated Safeguarding Lead may decide to inform the Board of Trustees at the earliest convenience.

7.3.3 Incidents will be reported to the Trustees regularly or by exception where necessary. The nominated safeguarding lead on the Board of Directors will be kept informed regularly, as appropriate.

7.3.4 A review of safeguarding concerns will be undertaken on an annual basis to ensure that learning is embedded into the organisation’s practices.

7.3.5 If it is found that a organisations representative has not followed the requirements of this policy and the associated legislation, this may result in disciplinary action in line with the Disciplinary Policy.

8. Safeguarding and Trustees Duties

8.1. The Board of Trustees have the following responsibilities:

To take reasonable steps to protect people who encounter the charity from harm, including:
people who benefit from the organisations work

Insert here

Volunteers

Beneficiaries

Board of Directors

employees
volunteers

(This may also include any other people who encounter the charity through its work).

Promote the well-being and welfare of beneficiaries it serves.

8.2 This involves managing safeguarding risks, conducting an annual review of the Safeguarding Policy, and making sure this is available to the public, all employees, volunteers, and the community we serve.

8.3 All Trustees will receive safeguarding training to assist them in being able to fulfil the above responsibilities.

8.4 There is a nominated Trustee who has specific responsibility for safeguarding (see Appendix A). However, it is the Board of Trustees that will be held accountable for ensuring those at risk from harm receive high quality, and personalised safeguarding.

9. ‘Prevent’ and Safeguarding

Prevent is a community safeguarding programme which works to protect those at risk of radicalisation. It does not work to criminalise or marginalise individuals or groups of society. It works to find the suitable support and intervention to challenge extreme views.

9.1. The Baby Star-Dust Foundation will use the recommended PREVENT safeguarding referral form and follow the usual safeguarding procedure stated within this policy.

9.2. Identifying potential signs of radicalisation. Research from a variety of organisations has shown that there are possible indicators that contribute to a person being radicalised. Indicators are:

An increase in extreme views relating to a social sector of Government policy
The downloading, viewing, or sharing of extremist propaganda
An individual becoming withdrawn and increasingly intolerant of modern views
A change in appearance or behaviour, with an individual becoming isolated
The expression of a desire or intent to support or take part in terrorist activity.

10. Good Practice and Supporting Documentation

Appendix A Safeguarding Accountability Flowchart
Appendix B Procedure for reporting concerns/incidents of suspected abuse / risk by employees, volunteers, and directors.
Appendix C Safeguarding pro-forma
Appendix D References and further reading

11. Other relevant policies:

GDPR and Data Protection Policy
Whistleblowing Policies
Complaints Policy
Serious Incident Policy

12. Appendix A

Adults at Risk Safeguarding Role: Trustees

The Board of Trustees holds accountabilities for all safeguarding practices for the Charity - an accountability chart is provided below:

A nominated Trustee will be appointed to be the Board of Trustees Safeguarding Lead. The role carries a shared corporate responsibility for the quality of services and professional standards provided by the organisation in relation to safeguarding.

The Trustee Safeguarding Lead will meet with volunteers and or key individuals on an annual basis to review the Safeguarding policy, work plan and agree the contents of the Annual Safeguarding report to be presented to the Board of Trustees.

Role of the Designated Safeguarding Lead:

a) Provide support to ensure the organisation delivers a continuous high-quality approach to the safety and welfare of beneficiaries, volunteers and employees.

b) Seek assurance that effective strategic, operational governance and control arrangements for safeguarding are in place.

c) Bring an independent and external perspective knowledge, skills and experience to the safeguarding practices of the organisation.

d) Constructively challenge the policies, plans and processes of the safeguarding practice within the organisation.

e) Support the development of plans to improve safeguarding processes and practice.

13. Appendix B

Procedure for Reporting and Managing People at Risk

This flowchart is to be used in conjunction with section 3 above.

14. Appendix C

Safeguarding Pro Forma

Safeguarding incident record.

Check to make sure your report is clear to someone else reading it. Incident date refers to the date of the recording of the incident (this should be the date you are made aware of the concern), if you have any information regarding a relevant past incident add into the details of concern section.

This will be the main record of the safeguarding incident and will need updating until the concern is closed.

Print form

Breach of confidentiality may include:
- Was the information shared with an outside agency? (Indicate with ‘Yes’ where relevant below and provide details)
- 999 Ambulance or Police:
- 101 Police – Welfare Checks:
- Safeguarding Adult Team (Name of person receiving the referral/ location/ phone number)
- Safeguarding Children and Family Services Team (Social services: name of person receiving the referral/ location/ phone number)
- Other Health Professional (Please specify and give name/ phone number):
- Other charity or organisation e.g. Women’s Aid, NSPCC, Prevent:

15. Appendix D

References and Further Reading

Human Rights Act 1998
Mental Capacity Act 2005
The Safeguarding Vulnerable Groups Act 2006
General Data Protection Regulation 2016/679
OSCR, Interim Safeguarding Guidance: Keeping vulnerable beneficiaries safe

16. Appendix E

Types of Abuse

Vulnerable adults, young adults are children are at risk of harm or abuse. They may be seen as an easy target and may be less likely to identify abuse themselves or to report it. Sometimes people may not even be aware that they are being abused, abusers may try to prevent access to the person they abuse.

Signs of abuse can often be difficult to detect. Below are some examples:

Psychological – includes emotional abuse / threats of harm or abandonment / deprivation of contact / humiliation / controlling behaviour / exploiting, corrupting/ cyber bullying / exposure to the ill treatment of someone else
Discriminatory – includes forms of harassment/slurs similar treatment because of race/gender/gender identity/age/disability/sexual orientation or religion.
Physical – includes assault/ hitting/ slapping/ pushing/ restraint/ inappropriate punishment/ shaking/ burning etc. Misuse of medication and/ or physical harm caused when a parent/carer fabricates the symptoms of or deliberately induces illness in a child.
Financial/material – includes theft/fraud/internet scams/coercion/misuse or misappropriation of property or possessions etc.
Neglect/acts of omission – persistent ignoring of medical, emotional or physical care needs / failure to provide access to appropriate healthcare / withholding the necessities of life / unsupervised in inappropriate situations.
Sexual – Includes rape / indecent exposure / sexual harassment / exposure to pornography
against the person’s will / other sexual acts without consent etc.
Organisational – covers neglect and poor practice within an institution or specific care setting or in someone’s own home. Can be through neglect or poor professional practice resulting from policies/culture/systems.
Self-neglect – covers a wide range of behaviour e.g. neglecting to care for one’s own
health/hygiene/surroundings/hoarding etc.
Modern slavery - covers human trafficking / forced labour / domestic servitude / forcing individuals into a life of abuse or inhumane treatment
Domestic violence and abuse – the definition of domestic abuse is “Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial, or emotional, controlling and coercive) between those aged 16 and over who are or have been intimate partners or family members, regardless of gender and sexuality. This includes issues of concern such as so- called ‘honour killings’.”
FGM – Female Genital Mutilation is defined as a procedure where the female genitals are deliberately cut, injured or changed, but there's no medical reason for this to be done. Culturally accepted in some parts of the world and generally preformed with family present reducing privacy and dignity for the young girl and increases the risk of infection unnecessarily. It is preformed on girls as young as 3 and often as old as 17. Often this is not preformed by a medical professional which increases the risk of fatality.

This list may not be exhaustive but provides examples.

Abuse may be carried out deliberately or unknowingly and it may be a single or repeated act. NB People at risk may be abused in more than one way.

17. Appendix 3

Useful Contacts

Designated Safeguarding Officer for The Baby Star-Dust Foundation:

Name: Catherine Jones

Email Address: catherinelornajones@gmail.com

Telephone number: 07875627785

Designated Safeguarding Lead for The Baby Star-Dust Foundation:

Name: Lynsey Heeley

Email Address: lynsey@simplythirdsector.com

Police:

Non-Emergency: 101

Emergency: 999

Local Authority:

Find your local authority here

If you think someone is in immediate danger, the best thing to do is call 999 for the emergency services.

Employee, volunteer or trustee become aware of suspected risk of abuse but there is no immediate danger to the individual.

Report made with 24 hours to the Designated Safeguarding Lead.

Trustee or volunteer becomes aware of suspected risk of abuse and there is an immediate danger to the individual.

Emergency services are contacted immediately via 999 then a report is made to the safeguarding lead.

Referral made to the appropriate agency by the designated safe-guarding lead the same day as the initial report.

Same day as the initial report.

Designated safeguarding lead agree with volunteer an action plan to include:

Completion of the safeguarding incident pro forma
Cooperation with the investigation by the appropriate agency including how the person at risk is to be supported
Review of actions taken (within 24 hours)
Manage possible implications of making a referral
Support the person raising the concern or receiving the report of abuse/risk
Ensure record are made and key in accordance with the organisations data protection policy
Ensure the incident is recorded for reporting purposes
Flag potential risk for volunteers, who may be in contact with the individual concerned in the future if appropriate
Designated Safeguarding Lead to alert the Board of Trustees.

Responsibility

Board of Directors

DSL - Lynsey Heeley

Accountability

Volunteers

Telephone Number

Form completed by

Date

Job title/ Role

Information about the person you have a safeguarding concern for:

Full Name

DOB/age

Gender

Additional needs:

(e.g. health/ disability/

social/ housing/other)

Current Address:

Email: Telephone Number:

G.P. Details if known:

If concern raised by a third party add their details here

Significant others if known (relatives, carers, friends, health/ social care/ other professionals)

Name

Relationship to person

Address

Details of Concern

Date of Incident:

What happened/ what is the concern?

Has the person involved expressed what they want to happen? Do they have mental capacity to make an informed decision?

Breach of Confidentiality – Information Sharing: Y/ N

Is the person concerned aware that the information has been shared with outside agencies and why?

Did the person give permission for the information to be shared with outside agencies?

What needs to happen? Note actions, including names of anyone whom your information was passed to and when

Status

Recommendation

Action

Responsible

Date Completed

Progress Update

Children: Is there a child or children or vulnerable adult in the household even if not the subject of the immediate safeguarding concern: Y/N

Details:

Date

Inform

Safeguarding Lead: Lynsey Heeley

Board of Trustees Aware

Record Keeping

Recorded securely on CRM System

Safeguarding Children Policy

Contents

1. Introduction

2. Purpose of the Policy

3. Safeguarding

4. Facts about Abuse

4.1 Definitions

4.2 Indications of Abuse

5. Safeguarding Children at Events/Activities

6 Safeguarding Officers

7. Staff and Volunteer Recruitment and Selection

8. Staff and Volunteer Training

9. Staff and Volunteer Code of Conduct

10. Prevention of Bullying

11. ‘Prevent’ and Safeguarding

12. Photographing Children

12.1 Photographers briefing

13. Managing Behaviour, Discipline and Acceptable Restraint

14. Dealing with accidents, misunderstandings or other incidents

15. What should you do if a child/young person makes a disclosure

16. Procedures to follow when making a referral

17. If in doubt

18. Procedure for Reporting and Managing Safeguarding Concerns

19. Confidentiality

20. Support

20.1 For the reporting of suspected abuse

20.2 For the person whom an allegation is made

21. Types of Investigations

21.1 Internal Enquiries and Suspension

22. Other Policies

23. Appendix 1

23.1 Types of Abuse

24. Appendix 2

24.1 Safeguarding Pro Forma

25. Appendix 3

25.1 Useful Contacts

26. Appendix 4

26.1 Legal Framework

1. Introduction

The Baby Star-Dust Foundation is committed to safeguarding the welfare of all children and young people and will take all reasonable steps to protect them from neglect and physical, sexual or emotional harm. Paid staff, volunteers and trustees will, at all times, show respect for and understanding of the rights, safety and welfare of the children and young people accessing our services, and conduct themselves in a way that reflects the principles of The Baby Star-Dust Foundation.

2. Purpose of the Policy

The purpose of this policy is to outline the practice and procedures for all paid and voluntary staff within The Baby Star-Dust Foundation, in order to safeguard and promote the welfare of young people accessing our services and activities. It is aimed at protecting the young person and the worker, recognising the risks involved in working with children and young people.

This policy relates to children and young people under the age of 18 and to vulnerable people over the age of 18. The term ‘young people’ will be used to include those under 18 years old and vulnerable adults.

The Baby Star-Dust Foundation will:

Implement procedures to provide a duty of care for young people, safeguard their well-being and protect them from abuse.
Respect and promote the rights, wishes and feelings of young people.
Ensure that all our paid staff and volunteers are carefully selected, trained and supervised, including completing a Disclosure and Barring Service check.
Carefully assess all risks that young people encounter, and taking all necessary steps to minimise and manage such risks.
Let parents/carers and young people know how to voice concerns or complaints about anything they might be unhappy about.
Give parents/carers, young people and fellow professionals information about what we do and what can be expected of us.

3. Safeguarding

Safeguarding Children: Safeguarding children is defined in the Working Together 2018 as:

protecting children from maltreatment.
preventing impairment of children’s health or development.
ensuring that children are growing up in circumstances consistent with the provision of safe and effective care.
taking action to enable all children to have the best outcomes. The Baby Star-Dust Foundation recognises that:
The welfare of the child or young person is paramount;
All children and young people regardless of race, gender, age, religious belief, disability, sexual orientation or identity have a right to equal protection from harm;
Some children are more vulnerable to harm as a result of their circumstances, prior experiences, communication needs or level of dependency; and
Working with children, young people and their parents and/or guardians, carers or other agencies is essential to protecting their wellbeing.

4. Facts about Abuse

Child abuse occurs when a child or young person has suffered from, or is at significant risk of suffering from, ill-treatment or impairment of development, by any person who knowingly colludes with or fails to prevent the ill-treatment of the child or young person by not ensuring reasonable standards of care and protection.

All staff and volunteers should be aware that abusers are not just strangers. They can include parents, carers, family members, friends, people in positions of trust and authority, other children or young people, or anyone who has contact with children and young people.
Children and young people who are abused are often abused by an adult they know and trust.
Disabled children and young people are more vulnerable to abuse; they are more dependent on intimate care and occasionally they may be less able to tell or escape from abusive situations.
Misunderstandings and misinterpretations of different cultural and religious beliefs often mean that children and young people from these communities and families may be more vulnerable to abuse going undetected.
It is important to remember that, although most abusers are men, women also abuse, and that abusers come from all social and ethnic backgrounds and professions.

4.1. Definitions

The Children Act 1989 definition of a child is: anyone who has not yet reached their 18th birthday, even if they are living independently, are a member of the armed forces or is in hospital.

Child Abuse: Children may be vulnerable to neglect and abuse or exploitation from within their family and from individuals they come across in their daily lives. There are 4 main categories of abuse, which are: sexual, physical, emotional abuse, and neglect. It is important to be aware of more specific types of abuse that fall within these categories, they are:

Bullying and cyberbullying
Child sexual exploitation
Child Criminal exploitation
Child trafficking
Domestic abuse
Female genital mutilation
Grooming
Historical abuse
Online abuse

(Further information on types of abuse can be found in APPENDIX 1)

4.2. Indications of Abuse

There are certain signs of abuse, both in a young person’s appearance and behaviour, which may alert an individual to the possibility that abuse is occurring. Some of these signs are common to all types of abuse; others are more specific.

Knowing the signs to be aware of is essential for recognising a real or potential problem. However, the presence of any one sign in itself may not necessarily mean abuse is occurring, and conversely, a young person who is being abused may show none of the obvious signs. Such factors make the issue of child abuse more complex, but all concerns and suspicions should be reported and acted upon accordingly.

Indications that a young person may be being abused include:

Unexplained or suspicious injuries such as bruising, cuts or burns, particularly if situated on a part of the body not normally prone to such injuries.
An injury for which the explanation seems inconsistent
The young person describes what appears to be an abusive act involving him or her
Someone else (young person or adult) expresses concern about the welfare of another young person
Unexplained changes in behaviour or emotions such as becoming very quiet, withdrawn or displaying sudden bursts of temper
Inappropriate sexual awareness
Engaging in sexually explicit behaviour, sexually explicit talk inappropriate to the young person’s age
Distrust of adults, particularly those with whom a close relationship would be expected
Difficulty in making friends
Uncharacteristic eating disorders, depression and suicide attempts
The young person may become withdrawn, introverted and depressed and have low self- esteem and lack of confidence

It is not your responsibility as members of The Baby Star-Dust Foundation to decide whether or not child abuse is occurring, but it is your responsibility to act on those concerns and do something about them.

5. Safeguarding Children at Events/Activities

There are three kinds of events/activities:

a) Those open to adults and children of all ages;

b) Those open to children accompanied by a ‘parent’; and

c) Those for unaccompanied children, which are sometimes run alongside other events/activities.

At events and activities open to all ages, children under 16 must be accompanied throughout by an adult over the age of 18, who must not only bring the child but also takes the child home again afterwards. Young people aged 16 or 17 may attend unaccompanied if they bring written consent and a mobile number for one of their parents.
All events and activities for children accompanied by a ‘parent’, children under 16 must be supervised throughout the event by and adult over the age of 18 who not only brings the child to the event but also takes them home afterwards. If a lone adult is supervising more than one child, then the children will have to stay together to enable to adult to supervise both children. Young people aged 16 or 17 may attend unaccompanied if they bring written consent and a mobile number for one of their parents.
At events and activities for unaccompanied children, children under 16 must be enrolled by a responsible adult before being left with the event leader. The enrolment must record the child’s name, age and address and the names and addresses of the child’s parents, plus the parents contact telephone numbers. Young people aged 16 or 17 may attend unaccompanied if they bring written consent and a mobile number for one of their parents.
Both events and activities are to be defined broadly to include any occasions where the organisation will be providing a service.

6. Safeguarding Officers

There will be a named trustee for safeguarding children and young people and Designated Safeguarding Officer (DSO), with overall responsibility is (Insert name here). The Designated Safeguarding Lead (DSL), who will be responsible for dealing with any concerns about safeguarding is: (Insert name here).

The role of the designated person is to:

Ensure that The Baby Star-Dust Foundation Safeguarding Policy and Procedures are followed.
Ensure they, and other staff members know how to make contact with social care and police staff responsible for dealing with safeguarding children concerns both during and after office hours.
Act as a source of advice on all safeguarding matters within The Baby Star-Dust Foundation and seek further advice and guidance from Fife Council Safeguarding Children Board as appropriate.
Ensure that a record is kept of any concerns about a child or young person and of any conversation or referrals to statutory agencies.
Ensure that any such record is kept safely and securely

7. Staff and Volunteer Recruitment and Selection

The Baby Star-Dust Foundation recognises that anyone may have the potential to abuse young people in some way and that all necessary steps are taken to ensure unsuitable people are prevented from working with them. Full details of the recruitment and selection process can be found within the Safer Recruitment Policy.

Due to its work with children, The Baby Star-Dust Foundation is exempt from regulations governing the Rehabilitation of Offenders Act 1974. Therefore, all staff and volunteer applicants for positions within The Baby Star-Dust Foundation are required to disclose on their Application Form all previous criminal convictions, even if they are “spent” convictions. Any information provided will be treated in the strictest confidence.

a) All potential candidates for both paid and voluntary positions within The Baby Star-Dust Foundation will be asked to complete a The Baby Star-Dust Foundation application form.

b) All potential candidates will be interviewed by a panel consisting of a minimum of two The Baby Star-Dust Foundation staff members and/or directors.

c) If a person is thought to be suitable for a role, a minimum of two written references will be taken up and may be confirmed by telephone.

d) All staff, volunteers and directors offered a role within The Baby Star-Dust Foundation will be subject to an Enhanced Disclosure and Barring Service (DBS) check. If staff, volunteers and directors are in possession of a clear DBS check that was carried out in the 6-months prior to their appointment with The Baby Star-Dust Foundation and are willing and able to present the original disclosure certificate, The Baby Star-Dust Foundation will allow them to begin work, whilst another check is carried out.

e) Employees and volunteers will have an Enhanced DBS check every 2 years.

f) If a DBS disclosure reveals a criminal record, this will not automatically ban the person from working at The Baby Star-Dust Foundation. The Baby Star-Dust Foundation will discuss the offence with the applicant and take into consideration the circumstances of the offence, the type of offence, when committed, etc. and assess fairly to ensure fair appointment and selection.

g) All paid positions are subject to a probationary period within which time the effectiveness of the delivery, performance and suitability for the post shall be monitored by The Baby Star- Dust Foundation.

8. Staff and Volunteer Training

All staff and volunteers working within The Baby Star-Dust Foundation will receive information and basic training in safe conduct and what to do if they have concerns about a child or young person. This will include information on recognising where there are concerns about a child or young person, and where to get advice.

Training levels should be appropriate to the employee’s contact with children and young people and

their responsibilities for child welfare within The Baby Star-Dust Foundation:

Employees and volunteers working directly with children and young people must attend recognised safeguarding children awareness training (e.g. training run by the local Safeguarding Children Board) as soon as this can be arranged following their appointment. This training must be updated every 2 years.
Employees who may have indirect contact with young people during the course of their work e.g. Office Manager must receive advisory information and Safeguarding Children awareness training from the Safeguarding Officer.

9. Staff and Volunteer Code of Conduct

Always remember that while you are caring for any children and/or young people you are in a position of trust and your responsibilities to them and the organisation must be always uppermost in your mind.

DO NOT

Use any kind of physical punishment or chastisement such as smacking or hitting.
Give lifts in your own car, unless prior arrangements have been made with all relevant people, i.e. parents/carers, your line manager, and there is appropriate business insurance on the car.
Use non-prescribed drugs or be under the influence of alcohol.
Allow a young person to use discriminatory, demeaning or offensive language unchallenged.
Behave in a way that frightens or demeans any young person.
Use racist, sexist, discriminatory, demeaning or offensive language.
Invite young people to your house or arrange to see them outside the set activity times.
Disclose your personal address, personal email address or telephone number to a young person
Engage in a sexual relationship with a young person.
Make sexually suggestive comments to a young person.
Engage in rough or physical games, including horseplay.
Let allegations a young person makes go unchallenged, unrecorded or not acted upon.
Rely upon your good name to protect you or believe “it could never happen to me.”
Give young people presents or personal items*.

*Exceptions could be: buying a young person a small birthday token or leaving present. Any gift should come from The Baby Star-Dust Foundation and be given in a professional capacity and be agreed with a senior staff member. Similarly, do not accept gifts yourself other than small tokens for appropriate celebrations (e.g. birthdays, Christmas), which you should mention to your line manager.

DO:

Exercise caution about being alone with a young person. In situations where this is unavoidable, ensure another worker or volunteer knows what you are doing and where you are.
Ensure that any physical contact is open and initiated by the young person’s needs, e.g. for help with personal care. Always prompt young people to carry out personal care themselves and if they cannot manage ask if they would like help.
Talk explicitly to young people about their right to be kept safe from harm.
Listen to young people about their right to be kept safe from harm.
Listen to young people and take every opportunity to raise their self-esteem.
Work as a team with your colleagues. Agree with them what behaviour you expect from young people and be consistent enforcing it.
Remember if you have to speak to a young person about their behaviour you are challenging

‘what they did’ not who they are’.

Make sure you have read the Safeguarding Policy and Procedure and that you feel confident that you know how to recognise when a young person may be suffering harm, how to handle any disclosure and how to report any concerns.
Where possible encourage parents/carers to take responsibility for their own children.

10. Prevention of Bullying

We will not tolerate the bullying of children either by adults or other children. If any incident of child-on-child bullying should arise at and event run by The Baby Star-Dust Foundation, those involved will be separated immediately and the parents of the children involved will be asked to deal with the matter.

The team will review all child-on-child bullying and assess the future risk to children. If appropriate, the team will consider banning a child from future events but only in accordance with the rules and procedures of the organisation. Allegations of adults bullying will be dealt with in accordance to with this policy.

11. ‘Prevent’ and Safeguarding

The Baby Star-Dust Foundation will use the recommended PREVENT safeguarding referral form and follow the usual safeguarding procedure stated within this policy.

Identifying potential signs of radicalisation. Research from a variety of organisations has shown that there are possible indicators that contribute to a person being radicalised. Indicators are:

An increase in extreme views relating to a social sector of Government policy
The downloading, viewing or sharing of extremist propaganda
An individual becoming withdrawn and increasingly intolerant of modern views
A change in appearance or behaviour, with an individual becoming isolated
The expression of a desire or intent to support or take part in terrorist activity.

12. Photographing Children

It is not the intention of this document to prevent the use of video or photography equipment. Video used in an appropriate way is a valuable coaching aid and family photographs of young people are part and parcel of many family lives. However, there is evidence that some people have used social events as an opportunity to take inappropriate photographs or film footage of young and disabled people in vulnerable positions. It is advisable that all individuals be vigilant with any concerns to be reported to The Baby Star-Dust Foundation representative or responsible person at an event.

12.1. Photographers briefing

a) If you are commissioning professional photographers or inviting the press to an activity or event it is important to ensure they are clear about your expectations of them in relation to child safeguarding.

b) Ensure all individuals involved are aware of what is appropriate in terms of content and behaviour.

c) The Baby Star-Dust Foundation event co-ordinator or organiser must ensure they are aware of all individuals taking photographs. They may decide, in the interests of safety, to insist all official photographers wear identification.

d) As part of the event information sheet all participants and parents should be informed if there is to be a photographer present. Parents should also be given the opportunity to object if they do not wish images of their child to be used.

e) Inform parents that a photographer will be in attendance at an event and ensure they consent to both the taking and publication of films or photographs.

f) Event co-ordinators and organisers should not allow unsupervised access to any children or one to one photo sessions at events.

g) If a photo shoot is arranged outside a The Baby Star-Dust Foundation event but is in any way connected to The Baby Star-Dust Foundation activities, or photographs are to be used within The Baby Star-Dust Foundation literature, then the child’s parents must be informed by The Baby Star- Dust Foundation.

h) Avoid the use of the first name and surname of individuals in a photograph. This reduces the risk of inappropriate, unsolicited attention. Easy to remember rules of thumb are the following:

If the child is named, avoid using their photograph.
If their photograph is used, avoid naming the child.
In situations where it is necessary for children in photographs or films to be named ensure there is permission from both the child and parent(s).

i) Ask for parental permission to use an image of a young person. This ensures that parents are aware of the way the image of their child is used to represent The Baby Star-Dust Foundation.

j) Ask for the child’s permission to use his or her image. This ensures that they are aware of the way

the image of themselves is to be used to represent the The Baby Star-Dust Foundation.

k) Create a recognised procedure for reporting the use of inappropriate images to reduce the risks to children.

l) Current The Baby Star-Dust Foundation guidance allows children to be named in some publications and events. Individual briefings will be given. It is important that contact details for the young person with a name or photograph are NOT given.

At The Baby Star-Dust Foundation events that are open to the general public where young people are involved the following guidelines should be used:

“No unauthorised photography” signs should be erected informing people that anyone wishing to take photography should register their intentions with The Baby Star-Dust Foundation representative.

13. Managing Behaviour, Discipline and Acceptable Restraint

Adults supervising children at the organisation’s events must never use any form of corporal punishment. If physical restraint is absolutely necessary to prevent injury to any person or to prevent serious damage to property, then the minimum necessary restraint may be used – but for that purpose only.
Unacceptable behaviour at the organisations events for unaccompanied children will generally be stopped by separating the children from each other and from the group. Those involved will be suitably supervised and returned to the care of their parents as soon as possible.
The organisation may apply a further disciplinary sanction; namely the banning of the child/ren from one or more future events over the following 18 month period. Any such sanction would be determined and applied by the DSO: (Insert name here).
A parent who is aggrieved by this ban may appeal to the organisation who will hear the views of all relevant persons. The decision of the organisation is final. Any such appeals should be made to, and will be determined by the DSO: (Insert name here).

14. Dealing with accidents, misunderstandings or other incidents

It is imperative that a note be kept of all complaints, injuries or behaviours that cause concern and that these are recorded on the Incident Report Form (Appendix 3).

An Incident Report Form should be completed, if a young person:

Suffers any form of accident whilst with a The Baby Star-Dust Foundation staff member or volunteer
Becomes distressed in any way or misunderstands or misinterprets something that has been said or done whilst attending a The Baby Star-Dust Foundation project or activity.

This form should then be passed to the DSL, who will, where appropriate, inform the young person’s parents/carers and inform the DSO.

15. What should you do if a child/young person makes a disclosure?

1. Stay calm. Do not let your shock show.

2. Explain to the young person that you will have to share the information, that you cannot keep it secret.

3. Listen very carefully to what is being said without interrupting and allow the young person to speak at his or her own pace.

4. Make it clear to the young person that you are taking what they say seriously.

5. Do not press the young person, ask leading questions or probe for information.

6. Reassure the young person that they were right to tell and recognise that it is difficult to talk about these things.

7. Let the young person know what will happen next, who you will report the information to, and what will happen once it has been reported.

8. Do not make any promises to the young person.

9. Act immediately – do not delay.

10. Do not take sole responsibility – seek advice as soon as possible.

11. Keep a detailed record of the incident and your concerns by completing an Incident Report Form (see Appendix 3). Make sure that you record exactly what happened and what was said in the young person’s own words, without interpreting it into your own words.

16. Procedures to follow when making a referral

It is important that all The Baby Star-Dust Foundation staff and volunteers are aware of the reporting procedures if they have a concern about child protection or a young person’s welfare. They should:

a) Refer their concerns to the DSL.

b) In the absence of this officer, then refer their concerns to the most senior employee available, who will be responsible for making the phone call to children’s social care.

c) If no The Baby Star-Dust Foundation staff members are available, the person discovering or being informed of the abuse should immediately inform children’s social care.

Referrals should be made to the social care service where the young person lives (see useful contacts list, Appendix 4).

When contacting children’s social care:

a) Make it clear you are making a referral about child protection.

b) Make a record of:

The name and position of the member of staff in children’s social care or police
officer to whom the concerns were passed
The time and date of the call, in case any follow-up is needed.

Referrals made by telephone to social care must be followed up in writing within 24 hours.

When you are making a referral regarding child protection concerns, it is important to have the following information wherever possible readily available for the duty social worker:

Name, date of birth, ethnic origin, gender of the young person, address and telephone numbers;
The reasons for your concern;
Injuries and/or other indicators observed;
The young person’s first language;
Details of any specific needs of the young person e.g. disability;
Details of family members, if known;
Other agencies, professionals involved;
Family doctor

Lack of any of the above should not delay referral if concerns are immediate.

The Incident Report Form can be found in Appendix 2. This form will enable employees and volunteers to record the important information as highlighted above.

Following the referral of a child, the referrer and the Social Care Service must be clear about who will be taking what action.

Not all young people are able to express themselves verbally. In this instance, where there are concerns, an Incident Report Form (Appendix 2) should be completed and the same procedures for making a referral followed.

The same approach should be taken if the disclosure, suspicion, or allegation comes from an adult.

17. If in doubt

If you are not sure what to do, contact the The Baby Star-Dust Foundation DSO/DSL or another The Baby Star-Dust Foundation senior staff member.

In addition, there are several sources of advice available. These are:

The duty social worker of the relevant social care service (see Appendix 3).
The NSPCC 24-hour free phone Helpline on 0808 800 5000

18. Procedure for Reporting and Managing Safeguarding Concerns

19. Confidentiality

Confidentiality should be maintained for all concerned. Information should be handled and disseminated on a “need to know basis” only. This includes to the following people:

The Safeguarding Officer.
Social care/police.
The young person making the allegation’s parents/carers.
The parents or carers of the young person who is alleged to have been abused.
The person making the allegation.
The alleged abuser (and their parents/carers if the abuser is a child)*.

*Where there is any possibility that a criminal act may have been committed, e.g. physical or sexual abuse, do not pass on any information before contacting the police and/or children’s social care. Care should be taken not to take any action that may jeopardise any subsequent criminal investigation, this includes contacting the alleged perpetrator.

Information should be stored in a secure place with access limited to designated people, in line with The Baby Star-Dust Foundation Confidentiality Policy and Data Protection legislation.

20. Support

20.1. For the reporting of suspected abuse

It is acknowledged that feelings generated by the discovery that a member of staff or volunteer is, or may be, abusing a child or young person, will raise concerns among other staff or volunteers. This includes the difficulties inherent in reporting such matters.

The Baby Star-Dust Foundation assures all staff and volunteers that it will fully support and protect anyone who, in good faith (without malicious intent), reports his or her concern about a colleague’s practice or the possibility that a child or vulnerable adult may be being abused.

20.2. For the person whom an allegation is made*

To be the subject of an allegation can be very stressful. While The Baby Star-Dust Foundation has a duty to ensure that all allegations are thoroughly investigated it also has a duty to its staff and

volunteers. While an investigation is being carried out, it is important that there is a senior member of staff who is tasked to maintain contact with the person (whether suspended or not) and keep them informed of the progress of the allegation and what steps are being taken. No information should be given about the detail of the allegation without careful consultation with the investigating agencies.

(*only if this person is a staff member, trustee or volunteer of The Baby Star-Dust Foundation)

21. Types of Investigations

Where there is a complaint of abuse against a member of staff, there may be three types of investigation:

A criminal investigation (undertaken by the police)
A child or adult protection investigation (undertaken by social care/police)
A disciplinary investigation (undertaken by The Baby Star-Dust Foundation). See The Baby Star-Dust Foundation Disciplinary Policy and Procedures.

Civil proceedings may also be initiated by the person/family of the person who alleged the abuse.

21.1. Internal Enquiries and Suspension

The Baby Star-Dust Foundation can and will make immediate decisions on whether or not any individual accused of abuse should be temporarily suspended from duty.

If an allegation or suspicion of abuse is made or exists about a staff member or volunteer, they will be asked, without prejudice, to leave the project if children and young people are still present.

Irrespective of the findings of the relevant Local Safeguarding Children Board or Police enquiries, The Baby Star-Dust Foundation will assess all individual cases under its misconduct/disciplinary procedures, to decide whether or not a member of staff can be reinstated and how this can be sensitively handled with other staff or volunteers.

This may be a difficult decision, particularly where there is insufficient evidence to uphold any action by the police. In such cases, The Baby Star-Dust Foundation will make an informed decision based on available information that could suggest, on a balance probability, it is more likely than not that the allegation is true. The welfare of all children and young people participating in all The Baby Star-Dust Foundation activities or services is and will always remain paramount.

21. Other Policies

This safeguarding policy should be read together with the following policies and resources of the charity:

Safer Recruitment Policy
Code of Conduct
Health and Safety Policy
Volunteer Handbook
Data Protection/GDPR Policy
Whistleblowing Policy
Complaints Policy
Disciplinary Policy and Procedure

22. Appendix 1

22.1.Types of Abuse

Signs of abuse can often be difficult to detect. Below are some examples:

Psychological – includes emotional abuse / threats of harm or abandonment / deprivation of contact / humiliation / controlling behaviour / exploiting, corrupting/ cyber bullying / exposure to the ill treatment of someone else
Discriminatory – includes forms of harassment/slurs similar treatment because of race/gender/gender identity/age/disability/sexual orientation or religion.
Physical – includes assault/ hitting/ slapping/ pushing/ restraint/ inappropriate punishment/ shaking/ burning etc. Misuse of medication and/ or physical harm caused when a parent/carer fabricates the symptoms of or deliberately induces illness in a child.
Financial/material – includes theft/fraud/internet scams/coercion/misuse or misappropriation of property or possessions etc.
Neglect/acts of omission – persistent ignoring of medical, emotional or physical care needs / failure to provide access to appropriate healthcare / withholding the necessities of life / unsupervised in inappropriate situations.
Sexual – Includes rape / indecent exposure / sexual harassment / exposure to pornography
against the person’s will / other sexual acts without consent etc.
Organisational – covers neglect and poor practice within an institution or specific care setting or in someone’s own home. Can be through neglect or poor professional practice resulting from policies/culture/systems.
Self-neglect – covers a wide range of behaviour e.g. neglecting to care for one’s own
health/hygiene/surroundings/hoarding etc.
Modern slavery - covers human trafficking / forced labour / domestic servitude / forcing individuals into a life of abuse or inhumane treatment
Domestic violence and abuse – the definition of domestic abuse is “Any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial, or emotional, controlling and coercive) between those aged 16 and over who are or have been intimate partners or family members, regardless of gender and sexuality. This includes issues of concern such as so- called ‘honour killings’.”
FGM – Female Genital Mutilation is defined as a procedure where the female genitals are deliberately cut, injured or changed, but there's no medical reason for this to be done. Culturally accepted in some parts of the world and generally preformed with family present reducing privacy and dignity for the young girl and increases the risk of infection unnecessarily. It is preformed on girls as young as 3 and often as old as 17. Often this is not preformed by a medical professional which increases the risk of fatality.

This list may not be exhaustive but provides examples.

Abuse may be carried out deliberately or unknowingly and it may be a single or repeated act.

NB People at risk may be abused in more than one way.

23. Appendix 2

23.1.Safeguarding Pro Forma

Safeguarding incident record.

This will be the main record of the safeguarding incident and will need updating until the concern is closed.

Breach of confidentiality may include:

Was the information shared with an outside agency?

(Indicate with ‘Yes’ where relevant below and provide details)

999 Ambulance or Police:
101 Police – Welfare Checks:
Safeguarding Adult Team (Name of person receiving the referral/ location/ phone number):
Safeguarding Children and Family Services Team (Social services: name of person receiving the referral/ location/ phone number):
Other Health Professional (Please specify and give name/ phone number):
Other charity or organisation e.g. Women’s Aid, NSPCC, Prevent:

Employee, volunteer or trustee become aware of suspected risk of abuse but there is no immediate danger to the child.

Report made with 24 hours to the Designated Safeguarding Lead.

Trustee, manager or volunteer becomes aware of suspected risk of abuse and there is an immediate danger to the child.

Child remains in the care of The Baby Star-Dust Foundation.

Emergency services are contacted immediately via 999 then a report is made to the Designated Safeguarding Lead.

Referral made to the appropriate agency by the designated safe-guarding lead the same day as the initial report.

Same day as the initial report.

Designated safeguarding lead agree with volunteer an action plan to include:

Completion of the safeguarding incident pro forma
Cooperation with the investigation by the appropriate agency including how the person at risk is to be supported.
Review of actions taken (within 24 hours)
Manage possible implications of making a referral.
Support the person raising the concern or receiving the report of abuse/risk
Ensure record are made and key in accordance with the organisations data protection policy
Ensure the incident is recorded for reporting purposes
Flag potential risk for volunteers, who may be in contact with the individual concerned in the future if appropriate.
DSL to alert DSO and Board of Trustees made aware.

24. Appendix 3

24.1. Useful Contacts

Designated Safeguarding Officer for The Baby Star-Dust Foundation:

Name: (Insert name here)
Email Address: (insert details here)
Telephone number: (Insert number here)

Designated Safeguarding Lead for The Baby Star-Dust Foundation:

Name: (Insert name here)
Email Address: (insert details here)
Telephone number: (Insert number here)

Police:

Non-Emergency: 101
Emergency: 999

Local Authority:

(Insert Local Authority Name Here)

Children’s Social Care Referral Team: (Insert number here)
Out of hours emergencies call: (Insert number here)
Designated Officer (LADO): (Insert number here)

NSPCC Helpline

0808 800 5000

25. Appendix 4

25.1 Legal Framework

This policy has been drawn up in accordance to the following legislation and guidance:

Children’s Act 1989
United Nations Convention on the Rights of the Child
General Data Protection Regulations
Data Protection 2018
Human Rights Act 1998
Children’s Act 2004
Safeguarding Vulnerable Groups Act 2006
Protection of Freedoms Act 2012
Children and Families Act 2014
Children and Social Work 2017
What to do if you’re worried a child is being abused: Advice for practitioners (Department of Education, 2015)
Working together to safeguard children (Department of Education 2018)

Form completed by

Date

Job title/ Role

Information about the person you have a safeguarding concern for:

Full Name

DOB/age

Gender

Additional needs:

(e.g. health/ disability/

social/ housing/other)

Current Address:

Email: Telephone Number:

G.P. Details if known:

If concern raised by a third party add their details here

Significant others if known (relatives, carers, friends, health/ social care/ other professionals)

Name

Relationship to person

Address

Details of Concern

Date of Incident:

What happened/ what is the concern?

Has the person involved expressed what they want to happen? Do they have mental capacity to make an informed decision?

Breach of Confidentiality – Information Sharing: Y/ N

Is the person concerned aware that the information has been shared with outside agencies and why?

Did the person give permission for the information to be shared with outside agencies?

What needs to happen? Note actions, including names of anyone whom your information was passed to and when

Status

Recommendation

Action

Responsible

Date Completed

Progress Update

Children: Is there a child or children or vulnerable adult in the household even if not the subject of the immediate safeguarding concern: Y/N

Details:

Date

Inform

DSO/ DSL

Telephone Number

Board of Trustees Aware

Record Keeping

Recorded securely on CRM System

Whistleblowing Policy

Contents

1. Introduction

2. Aim

3. Application

4. The Public Interest Disclosure Act 1998

5. Procedure

5. 1. Who to disclose to

5.2. Dealing with disclosures

1. Introduction

The Baby Star-Dust Foundation conducts its business at all times with the highest standards of integrity and honesty. It expects all its employees and volunteers to maintain the same standards in everything they do. It is important to The Baby Star-Dust Foundation that any fraud, misconduct or wrongdoing by employees or volunteers of the Organisation is reported and properly dealt with. The Baby Star-Dust Foundation therefore encourages all individuals to raise any concerns that they may have about the conduct of others in the business or how the business is run. This policy sets out how individuals may raise any concerns that they have and how those concerns will be dealt with.

2. Aim

This policy aims to:

enable and encourage employees and volunteers to raise genuine concerns about possible wrongdoing at work without fear of reprisal and to reassure workers that such matters will be dealt with seriously and effectively by The Baby Star-Dust Foundation internally.
allow The Baby Star-Dust Foundation to take action against any employee or volunteer who makes an allegation in bad faith and/or publicly discloses information when it is unreasonable for them to do so in line with the The Baby Star-Dust Foundation Disciplinary & Grievance Policy and Procedure.

It is particularly important to state that this policy is separate from The Baby Star-Dust Foundation’s Disciplinary & Grievance Policy and Procedure, which relates to general concerns which an employee may have about their circumstances. This Whistleblowing Policy is designed to ensure that concerns about possible illegal or dangerous activities or forms of malpractice are brought swiftly to management’s attention. These may not necessarily be related to the whistle-blower’s area of work.

3. Application

This policy applies to all Trustees, management, employees, permanent or temporary, or volunteers at The Baby Star-Dust Foundation.

4. The Public Interest Disclosure Act 1998

The Public Interest Disclosure Act 1998 amended the Employment Rights Act 1996 is to protect employees and volunteers who raise legitimate concerns about specified matters. These are called "qualifying disclosures". A qualifying disclosure is one made in good faith by an employee or volunteer who has a reasonable belief that:

a criminal offence (including fraudulent and corrupt behaviour, e.g. theft, fraud or malpractice);
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; or
concealment of any of the above;

is being, has been, or is likely to be, committed. It is not necessary for the employee or volunteer to have proof that such an act is being, has been, or is likely to be, committed – a reasonable belief is sufficient. The employee or volunteer has no responsibility for investigating the matter - it is the organisation's responsibility to ensure that an investigation takes place.

An employee or volunteer who makes such a protected disclosure has the right not to be dismissed, subjected to any other detriment, or victimised because he/she has made a disclosure.

The Baby Star-Dust Foundation encourages employees and volunteers to raise their concerns under this procedure in the first instance. If an employee or volunteer is not sure whether to raise a concern, he/she should discuss the issue with his/her line manager.

5. Procedure

5.1. Who to disclose to

a) In most cases, an employee or volunteer should raise any concerns they may have internally within The Baby Star-Dust Foundation. Any matters not covered by the Act or, therefore, this policy, will be dealt with by using The Baby Star-Dust Foundation Disciplinary & Grievance Policy and Procedure or Bullying and Harassment Policy (as appropriate).

b) If appropriate, an employee or volunteer should discuss their concerns with their line manager. An informal approach to the line manager will be treated in the strictest confidence. It will not result in a report to anyone within The Baby Star-Dust Foundation without the employee’s or volunteer’s agreement, except where the line manager believes that the issues raised are so serious that further action may be required. Where this is the case, the line manager will refer it to Board of Trustees

c) If an employee feels it is inappropriate to raise their concerns with their line manager in the first instance (for example, if their concerns are about their line manager’s actions or if they are so serious that they should be escalated to someone at a more senior level within The Baby Star-Dust Foundation, then they should speak to the Board of Trustees in the first instance instead. All such approaches will be treated in strictest confidence. They will not result in a report to anyone within The Baby Star-Dust Foundation without the employee’s or volunteer’s agreement except where the Director believe that the issues raised are so serious that further action may be required.

d) If the employee or volunteer remains unhappy about the speed or conduct of any further action taken or how their concerns have been resolved, they should refer the matter to the Chair of the Board of Trustees of The Baby Star-Dust Foundation.

e) If an employee feels it is inappropriate to raise their concerns directly with anyone who is part of the day-to-day management of The Baby Star-Dust Foundation, then they are at liberty to contact the Chairman of the Board of Trustees of The Baby Star-Dust Foundation, by writing to them c/o (insert address here) and marking the envelope Personal and Confidential. The envelope will then be forwarded unopened, and the approach will be treated in the strictest confidence. The Chairman will then appoint the most appropriate board member to investigate.

f) An employee or volunteer must not approach individuals involved in their disclosure directly (whether to “tip them off” or otherwise) or attempt to investigate the matter personally.

g) The Baby Star-Dust Foundation would urge employees and volunteers to exhaust the internal processes set out above but, in exceptional or urgent circumstances, it might be appropriate for them to contact an external person or body. The legislation sets out several bodies to which qualifying disclosures may be made. These include:

HM Revenue & Customs;
the Financial Services Authority;
the Office of Fair Trading;
the Charity Commission;
the Health and Safety Executive; and
the Environment Agency.

h) Disclosures to the press will not be considered reasonable. They will constitute misconduct and will be treated as a disciplinary matter under The Baby Star-Dust Foundation’s Disciplinary & Grievance Policy and Procedure.

5.2. Dealing with disclosures

a) If an employee or volunteer reports a disclosure to The Baby Star-Dust Foundation, the need for confidentiality will be respected wherever possible, although any concern raised under this procedure will need to be properly documented.

b) The Baby Star-Dust Foundation believes that all employees and volunteers should feel able to put their name to the allegations which they raise, as concerns expressed anonymously are more difficult to investigate. If employees raise a concern anonymously, depending upon the exact circumstances, it may nonetheless be possible for their identity to be deduced. If contrary to this policy, they then suffer reprisals, it may be difficult to show that this was as a result of them raising a concern, i.e. it may not be possible to protect unidentified people

c) The action taken in response to a disclosure will depend on the nature of the concern. By way of example, the matters raised may result in one or more of the following:

No action required.
Action being taken under other The Baby Star-Dust Foundation policies and/or procedures.
An internal investigation under this policy.
A referral to the police.
A referral to The Baby Star-Dust Foundation’s external auditors.
A referral to the Charity Commission.
An independent enquiry.

d) The responsible person to whom the disclosure is made will:

Make a detailed record of the disclosure.
Ask the employee or volunteer to provide a written statement describing the precise nature of the allegations.
Upon receipt of the written statement, decide whether any further action may be required. Where it is, they will refer it to the appropriate person and write to the employee within five working days of making that decision. In their letter, they will acknowledge receipt of the complaint, provide information on who it has been referred to and details of who the employee should contact if they have any further questions.

e) Where further action is required under this policy concerning an employee’s or volunteer’s complaint, this will typically, in the first instance, take the form of an internal investigation. The internal investigator will be a trustee of The Baby Star-Dust Foundation (as appropriate on a case-by- case basis). However, The Baby Star-Dust Foundation may instead decide to arrange for a suitably qualified independent professional to undertake the investigation.

f) During the investigation, the employee or volunteer who reported the disclosure may need to be called upon for an interview. They will also be given appropriate updates of progress made during the investigation, whilst bearing in mind the need to respect the confidentiality of other workers as well.

g) Once the investigation is complete:

The employee will be given a prompt and thorough explanation about the result of the investigation and any action The Baby Star-Dust Foundation is likely to take because of it.
As any allegation under this policy should be reviewed by the Board of Trustees
Any action which the investigator decides is required will be taken.

h) The Baby Star-Dust Foundation recognises that there may be matters which cannot be dealt with internally and external authorities may need to become involved, including the police and the Charity Commission. Where this is necessary, The Baby Star-Dust Foundation reserves the right to make such a referral without the reporting employee’s or volunteers’ consent.

i) Any employee or volunteer who has a genuine reason for their disclosure should feel confident in bringing forward their concerns.

j) The Baby Star-Dust Foundation will not tolerate any employee or volunteer being subjected to a detriment because they made a disclosure in good faith. If any employee or volunteer believes that they have been subject to a detriment by anyone within The Baby Star-Dust Foundation for this reason, they must inform the Chair of the Board of Trustees immediately and appropriate action will be taken to protect them from any reprisals.

k) If anyone should try to discourage an employee or volunteer from coming forward to express a genuine concern, The Baby Star-Dust Foundation will treat this as a disciplinary matter. In the same way, the organisation will deal severely with anyone who criticises or victimises an employee or volunteer and otherwise subjects them to a detriment for raising a concern.

l) However, if it should become clear that the procedure under this policy has not been invoked in good faith (for example, falsely or for malicious reasons or to pursue a personal grudge against another employee), this will constitute misconduct and it will be treated as a disciplinary matter in accordance with The Baby Star-Dust Foundation Disciplinary & Grievance Policy and Procedure.

m) Any employee or volunteer who, in good faith, makes allegations that turn out to be unfounded will not be penalised for being genuinely mistaken.

Constitution of The Baby Star-Dust Foundation

Date of constitution (last amended): 20th July 2022

1. Name

The name of the Charitable Incorporated Organisation (“the CIO”) is

The Baby Star-Dust Foundation

2. National location of principal office

The principal office of the CIO is in England.

3. Object[s]

The objects of the CIO are:

To provide relief to families in need of additional support due to financial hardship, poverty, isolation, domestic abuse and other such vulnerabilities through:

a) The provision of playtime opportunities for children in impoverished areas

b) To support and educate parents in how to play and engage with their young children

c) To raise awareness of abuse within the domestic setting (adults and children), highlighting the signs and signposting to appropriate services.

d) To undertake, commission, facilitate and support other such activities and services as are beneficial to achieving the above objects and are charitable by law.

4. Powers

The CIO has power to do anything which is calculated to further its object[s] or is conducive or incidental to doing so. In particular, the CIO has power to:

a)borrow money and to charge the whole or any part of its property as security for the repayment of the money borrowed. The CIO must comply as appropriate with sections 124 and 125 of the Charities Act 2011, if it wishes to mortgage land;

b) buy, take on lease or in exchange, hire or otherwise acquire any property and to maintain and equip it for use;

c) sell, lease or otherwise dispose of all or any part of the property belonging to the CIO. In exercising this power, the CIO must comply as appropriate with sections 117 and 119-123 of the Charities Act 2011;

d) employ and remunerate such staff as are necessary for carrying out the work of the CIO. The CIO may employ or remunerate a charity trustee only to the extent that it is permitted to do so by clause 6 (Benefits and payments to charity trustees and connected persons) and provided it complies with the conditions of that clause;

e) deposit or invest funds, employ a professional fund-manager, and arrange for the investments or other property of the CIO to be held in the name of a nominee, in the same manner and subject to the same conditions as the trustees of a trust are permitted to do by the Trustee Act 2000.

5. Application of income and property

5.1 The income and property of the CIO must be applied solely towards the promotion of the objects.

a) A charity trustee is entitled to be reimbursed from the property of the CIO or may pay out of such property reasonable expenses properly incurred by him or her when acting on behalf of the CIO.

b) A charity trustee may benefit from trustee indemnity insurance cover purchased at the CIO’s expense in accordance with, and subject to the conditions in, section 189 of the Charities Act 2011.

5.2 None of the income or property of the CIO may be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit to any member of the CIO.

5.3 Nothing in this clause shall prevent a charity trustee or connected person receiving any benefit or payment which is authorised by Clause 6.

6.Benefits and payments to charity trustees and connected persons

6.1 General provisions

No charity trustee or connected person may:

a) buy or receive any goods or services from the CIO on terms preferential to those applicable to members of the public;

b) sell goods, services, or any interest in land to the CIO;

c) be employed by, or receive any remuneration from, the CIO;

d) receive any other financial benefit from the CIO unless the payment or benefit is permitted by sub-clause (2) of this clause or authorised the court or the prior written consent of the Charity Commission (“the Commission”) has been obtained. In this clause, a “financial benefit” means a benefit, direct or indirect, which is either money or has a monetary value.

6.2 Scope and powers permitting trustees’ or connected persons’ benefits

a) A charity trustee or connected person may receive a benefit from the CIO as a beneficiary of the CIO provided that a majority of the trustees do not benefit in this way.

b) A charity trustee or connected person may enter into a contract for the supply of services, or of goods that are supplied in connection with the provision of services, to the CIO where that is permitted in accordance with, and subject to the conditions in, sections 185 to 188 of the Charities Act 2011.

c) Subject to sub-clause (3) of this clause a charity trustee or connected person may provide the CIO with goods that are not supplied in connection with services provided to the CIO by the charity trustee or connected person.

d) A charity trustee or connected person may receive interest on money lent to the CIO at a reasonable and proper rate which must be not more than the Bank of England bank rate (also known as the base rate).

e) A charity trustee or connected person may receive rent for premises let by the trustee or connected person to the CIO. The amount of the rent and the other terms of the lease must be reasonable and proper. The charity trustee concerned must withdraw from any meeting at which such a proposal or the rent or other terms of the lease are under discussion.

f) A charity trustee or connected person may take part in the normal trading and fundraising activities of the CIO on the same terms as members of the public.

6.3 Payment for supply of goods only – controls

The CIO and its charity trustees may only rely upon the authority provided by sub-clause (2)(c) of this clause if each of the following conditions is satisfied:

a) The amount or maximum amount of the payment for the goods is set out in a written agreement between the CIO and the charity trustee or connected person supplying the goods (“the supplier”).

b) The amount or maximum amount of the payment for the goods does not exceed what is reasonable in the circumstances for the supply of the goods in question.

c) The other charity trustees are satisfied that it is in the best interests of the CIO to contract with the supplier rather than with someone who is not a charity trustee or connected person. In reaching that decision the charity trustees must balance the advantage of contracting with a charity trustee or connected person against the disadvantages of doing so.

d) The supplier is absent from the part of any meeting at which there is discussion of the proposal to enter into a contract or arrangement with him or her or it with regard to the supply of goods to the CIO.

e) The supplier does not vote on any such matter and is not to be counted when calculating whether a quorum of charity trustees is present at the meeting.

f) The reason for their decision is recorded by the charity trustees in the minute book.

g) A majority of the charity trustees then in office are not in receipt of remuneration or payments authorised by clause 6.

6.4 In sub-clauses (2) and (3) of this clause:

a) “the CIO” includes any company in which the CIO:

holds more than 50% of the shares; or

controls more than 50% of the voting rights attached to the shares; or

has the right to appoint one or more directors to the board of the company;

b) “connected person” includes any person within the definition set out in clause 29 (Interpretation);

7. Conflicts of interest and conflicts of loyalty

A charity trustee must:

a) declare the nature and extent of any interest, direct or indirect, which he or she has in a proposed transaction or arrangement with the CIO or in any transaction or arrangement entered into by the CIO which has not previously been declared; and

b) absent himself or herself from any discussions of the charity trustees in which it is possible that a conflict of interest will arise between his or her duty to act solely in the interests of the CIO and any personal interest (including but not limited to any financial interest).

Any charity trustee absenting himself or herself from any discussions in accordance with this clause must not vote or be counted as part of the quorum in any decision of the charity trustees on the matter.

8. Liability of members to contribute to the assets of the CIO if it is wound up

If the CIO is wound up, the members of the CIO have no liability to contribute to its assets and no personal responsibility for settling its debts and liabilities.

9. Charity trustees

9.1 Functions and duties of charity trustees

The charity trustees shall manage the affairs of the CIO and may for that purpose exercise all the powers of the CIO. It is the duty of each charity trustee:

a) to exercise his or her powers and to perform his or her functions in his or her capacity as a trustee of the CIO in the way he or she decides in good faith would be most likely to further the purposes of the CIO; and

b) to exercise, in the performance of those functions, such care and skill as is reasonable in the circumstances having regard in particular to:

any special knowledge or experience that he or she has or holds himself or herself out as having; and,
if he or she acts as a charity trustee of the CIO in the course of a business or profession, to any special knowledge or experience that it is reasonable to expect of a person acting in the course of that kind of business or profession.

9.2 Eligibility for trusteeship

a) Every charity trustee must be a natural person

b) No individual may be appointed as a charity trustee of the CIO:

if he or she is under the age of 16 years; or
if he or she would automatically cease to hold office under the provisions of clause 12(1)(e).

c) No one is entitled to act as a charity trustee whether on appointment or on any re-appointment until he or she has expressly acknowledged, in whatever way the charity trustees decide, his or her acceptance of the office of charity trustee.

d) At least one of the trustees of the CIO must be 18 years of age or over. If there is no trustee aged at least 18 years, the remaining trustees may only act to call a meeting of the charity trustees, or appoint a new charity trustee.

9.3 Number of charity trustees

a) There must be at least three charity trustees. If the number falls below this minimum, the remaining trustee or trustees may act only to call a meeting of the charity trustees, or appoint a new charity trustee.

b) The maximum number of charity trustees is six. The charity trustees may not appoint any charity trustee if as a result the number of charity trustees would exceed the maximum.

9.4 First charity trustees

The first charity trustees are as follows and are appointed for the following terms:

Samantha Kendall........................................................................ for 4 years

Jessica Outlaw............................................................................. for 3 years

Catherine Jones........................................................................... for 3 years

Lynsey Heeley............................................................................. for 2 years

10. Appointment of charity trustees

a) Apart from the first charity trustees, every trustee must be appointed by a resolution passed at a properly convened meeting of the charity trustees.

b) In selecting individuals for appointment as charity trustees, the charity trustees must have regard to the skills, knowledge and experience needed for the effective administration of the CIO.

11. Information for new charity trustees

The charity trustees will make available to each new charity trustee, on or before his or her first appointment:

a) a copy of the current version of this constitution; and

b) a copy of the CIO’s latest Trustees’ Annual Report and statement of accounts.

12. Retirement and removal of charity trustees

12.1 A charity trustee ceases to hold office if he or she :

a) retires by notifying the CIO in writing (but only if enough charity trustees will remain in office when the notice of resignation takes effect to form a quorum for meetings );

a) is absent without the permission of the charity trustees from all their meetings held within a period of six months and the trustees resolve that his or her office be vacated ;

a) dies ;

a) in the written opinion, given to the company, of a registered medical practitioner treating that person, has become physically or mentally incapable of acting as a director and may remain so for more than three months ;

a) is disqualified from acting as a charity trustee by virtue of sections 178-180 of the Charities Act 2011 (or any statutory re-enactment or modification of that provision ).

12.2 Any person retiring as a charity trustee is eligible for reappointment.

13. Taking of decisions by charity trustees

Any decision may be taken either:

at a meeting of the charity trustees; or
by resolution in writing [or electronic form] agreed by a majority of all of the charity trustees, which may comprise either a single document or several documents containing the text of the resolution in like form to which the majority of all of the charity trustees has signified their agreement. Such a resolution shall be effective provided that
- a copy of the proposed resolution has been sent, at or as near as reasonably practicable to the same time, to all of the charity trustees; and
- the majority of all of the charity trustees has signified agreement to the resolution in a document or documents which has or have been authenticated by their signature, by a statement of their identity accompanying the document or documents, or in such other manner as the charity trustees have previously resolved, and delivered to the CIO at its principal office or such other place as the trustees may resolve within 28 days of the circulation date.

14. Delegation by charity trustees

14.1 The charity trustees may delegate any of their powers or functions to a committee or committees, and, if they do, they shall determine the terms and conditions on which the delegation is made. The charity trustees may at any time alter those terms and conditions, or revoke the delegation.

14.2 This power is in addition to the power of delegation in the General Regulations and any other power of delegation available to the charity trustees, but is subject to the following requirements:

a) a committee may consist of two or more persons, but at least one member of each committee must be a charity trustee;

b) the acts and proceedings of any committee must be brought to the attention of the charity trustees as a whole as soon as is reasonably practicable; and

c) the charity trustees shall from time to time review the arrangements which they have made for the delegation of their powers.

15. Meetings of charity trustees

15.1 Call Meetings

a) Any charity trustee may call a meeting of the charity trustees.

b) Subject to that, the charity trustees shall decide how their meetings are to be called, and what notice is required.

15.2 Chairing Meetings

The charity trustees may appoint one of their number to chair their meetings and may at any time revoke such appointment. If no-one has been so appointed, or if the person appointed is unwilling to preside or is not present within 10 minutes after the time of the meeting, the charity trustees present may appoint one of their number to chair that meeting.

15.3 Procedure at Meetings

a) No decision shall be taken at a meeting unless a quorum is present at the time when the decision is taken. The quorum is two charity trustees, or the number nearest to one third of the total number of charity trustees, whichever is greater, or such larger number as the charity trustees may decide from time to time. A

charity trustee shall not be counted in the quorum present when any decision is made about a matter upon which he or she is not entitled to vote.

b) Questions arising at a meeting shall be decided by a majority of those eligible to vote.

c) In the case of an equality of votes, the person who chairs the meeting shall have a second or casting vote.

15.4 Participating in Meetings by Electronic Means

a) A meeting may be held by suitable electronic means agreed by the charity trustees in which each participant may communicate with all the other participants.

b) Any charity trustee participating at a meeting by suitable electronic means agreed by the charity trustees in which a participant or participants may communicate with all the other participants shall qualify as being present at the meeting.

c) Meetings held by electronic means must comply with rules for meetings, including chairing and the taking of minutes.

16. Membership of the CIO

16.1 The members of the CIO shall be its charity trustees for the time being. The only persons eligible to be members of the CIO are its charity trustees. Membership of the CIO cannot be transferred to anyone else.

16.2 Any member and charity trustee who ceases to be a charity trustee automatically ceases to be a member of the CIO.

17. Decisions which must be made by the members of the CIO

17.1 Any decision to:

a) amend the constitution of the CIO;

b) amalgamate the CIO with, or transfer its undertaking to, one or more other CIOs, in accordance with the Charities Act 2011; or

c) wind up or dissolve the CIO (including transferring its business to any other charity)

must be made by a resolution of the members of the CIO (rather than a resolution of the charity trustees).

17.2 Decisions of the members may be made either:

a) by resolution at a general meeting; or

b) by resolution in writing, in accordance with sub-clause (4) of this clause.

17.3 Any decision specified in sub-clause (1) of this clause must be made in accordance with the provisions of clause 27 (amendment of constitution), clause 28 (Voluntary winding up or dissolution), or the provisions of the Charities Act 2011, the General Regulations or the Dissolution Regulations as applicable. Those provisions require the resolution to be agreed by a 75% majority of those members voting at a general meeting, or agreed by all members in writing

17.4 Except where a resolution in writing must be agreed by all the members, such a resolution may be agreed by a simple majority of all the members who are entitled to vote on it. Such a resolution shall be effective provided that:

a copy of the proposed resolution has been sent to all the members eligible to vote; and
the required majority of members has signified its agreement to the resolution in a document or documents which are received at the principal office within the period of 28 days beginning with the circulation date. The document signifying a member’s agreement must be authenticated by their signature, by a statement of their identity accompanying the document, or in such other manner as the CIO has specified

The resolution in writing may comprise several copies to which one or more members has signified their agreement. Eligibility to vote on the resolution is limited to members who are members of the CIO on the date when the proposal is first circulated.

18. General meetings of members

18.1 Calling of general meetings of members

The charity trustees may designate any of their meetings as a general meeting of the members of the CIO. The purpose of such a meeting is to discharge any business which must by law be discharged by a resolution of the members of the CIO as specified in clause 17 (Decisions which must be made by the members of the CIO).

18.2 Notice of general meetings of members

a) The minimum period of notice required to hold a general meeting of the members of the CIO is 14 days.

b) Except where a specified period of notice is strictly required by another clause in this constitution, by the Charities Act 2011 or by the General Regulations, a general meeting may be called by shorter notice if it is so agreed by a majority of the members of the CIO.

c) Proof that an envelope containing a notice was properly addressed, prepaid and posted; or that an electronic form of notice was properly addressed and sent, shall be conclusive evidence that the notice was given. Notice shall be deemed to be given 48 hours after it was posted or sent.

18.2 Procedure at general meetings of members

The provisions in clause 15 (2)-(4) governing the chairing of meetings, procedure at meetings and participation in meetings by electronic means apply to any general meeting of the members, with all references to trustees to be taken as references to members.

19. Saving provisions

19.1 Subject to sub-clause (2) of this clause, all decisions of the charity trustees, or of a committee of charity trustees, shall be valid notwithstanding the participation in any vote of a charity trustee:

who was disqualified from holding office;
who had previously retired or who had been obliged by the constitution to vacate office;
who was not entitled to vote on the matter, whether by reason of a conflict of interest or otherwise;

if, without the vote of that charity trustee and that charity trustee being counted in the quorum, the decision has been made by a majority of the charity trustees at a quorate meeting.

19.2 Sub-clause (1) of this clause does not permit a charity trustee to keep any benefit that may be conferred upon him or her by a resolution of the charity trustees or of a committee of charity trustees if, but for sub-clause (1), the resolution would have been void, or if the charity trustee has not complied with clause 7 (Conflicts of interest).

20. Execution of documents

20.1. The CIO shall execute documents either by signature or by affixing its seal (if it has one)

20.2. A document is validly executed by signature if it is signed by at least two of the charity trustees.

20.3. If the CIO has a seal:

a) it must comply with the provisions of the General Regulations; and

b) the seal must only be used by the authority of the charity trustees or of a committee of charity trustees duly authorised by the charity trustees. The charity trustees may determine who shall sign any document to which the seal is affixed and unless otherwise so determined it shall be signed by two charity trustees.

21. Use of electronic communications

The CIO will comply with the requirements of the Communications Provisions in the General Regulations and in particular:

a) the requirement to provide within 21 days to any member on request a hard copy of any document or information sent to the member otherwise than in hard copy form;

b) any requirements to provide information to the Commission in a particular form or manner.

22. Keeping of Registers

The CIO must comply with its obligations under the General Regulations in relation to the keeping of, and provision of access to, a (combined) register of its members and charity trustees.

23. Minutes

The charity trustees must keep minutes of all:

a) appointments of officers made by the charity trustees;

b) proceedings at general meetings of the CIO;

c) meetings of the charity trustees and committees of charity trustees including:

the names of the trustees present at the meeting;
the decisions made at the meetings; and
where appropriate the reasons for the decisions;

d) decisions made by the charity trustees otherwise than in meetings.

24. Accounting records, accounts, annual reports and returns, register maintenance

24.1. The charity trustees must comply with the requirements of the Charities Act 2011 with regard to the keeping of accounting records, to the preparation and scrutiny of statements of account, and to the preparation of annual reports and returns. The statements of account, reports and returns must be sent to the Charity Commission, regardless of the income of the CIO, within 10 months of the financial year end.

24.2. The charity trustees must comply with their obligation to inform the Commission within 28 days of any change in the particulars of the CIO entered on the Central Register of Charities.

25. Rules

The charity trustees may from time to time make such reasonable and proper rules or bylaws as they may deem necessary or expedient for the proper conduct and management of the CIO, but such rules or bye laws must not be inconsistent with any provision of this constitution. Copies of any such rules or bye laws currently in force must be made available to any member of the CIO on request.

26. Disputes

If a dispute arises between members of the CIO about the validity or propriety of anything done by the members under this constitution, and the dispute cannot be resolved by agreement, the parties to the dispute must first try in good faith to settle the dispute by mediation before resorting to litigation.

26. Amendment of constitution

As provided by sections 224-227 of the Charities Act 2011:

26.1. This constitution can only be amended:

by resolution agreed in writing by all members of the CIO; or
by a resolution passed by a 75% majority of those voting at a general meeting of the members of the CIO called in accordance with clause 18 (General meetings of members).

26.2. Any alteration of clause 3 (Objects), clause 28 (Voluntary winding up or dissolution), this clause, or of any provision where the alteration would provide authorisation for any benefit to be obtained by charity trustees or members of the CIO or persons connected with them, requires the prior written consent of the Charity Commission.

26.3. No amendment that is inconsistent with the provisions of the Charities Act 2011 or the General Regulations shall be valid.

26.4. A copy of every resolution amending the constitution, together with a copy of the CIO’s constitution as amended must be sent to the Commission by the end of the period of 15 days beginning with the date of passing of the resolution, and the amendment does not take effect until it has been recorded in the Register of Charities.

27. Voluntary winding up or dissolution

27.1. As provided by the Dissolution Regulations, the CIO may be dissolved by resolution of its members. Any decision by the members to wind up or dissolve the CIO can only be made:

a) at a general meeting of the members of the CIO called in accordance with clause 18 (General meetings of members), of which not less than 14 days’ notice has been given to those eligible to attend and vote:

by a resolution passed by a 75% majority of those voting, or
by a resolution passed by decision taken without a vote and without any expression of dissent in response to the question put to the general meeting; or

b) by a resolution agreed in writing by all members of the CIO.

27.2. Subject to the payment of all the CIO’s debts:

a) Any resolution for the winding up of the CIO, or for the dissolution of the CIO without winding up, may contain a provision directing how any remaining assets of the CIO shall be applied.

b) If the resolution does not contain such a provision, the charity trustees must decide how any remaining assets of the CIO shall be applied.

c) In either case the remaining assets must be applied for charitable purposes the same as or similar to those of the CIO

27.3. The CIO must observe the requirements of the Dissolution Regulations in applying to the Commission for the CIO to be removed from the Register of Charities, and in particular:

a) The charity trustees must send with their application to the Commission:

a copy of the resolution passed by the members of the CIO;
a declaration by the charity trustees that any debts and other liabilities of the CIO have been settled or otherwise provided for in full; and
a statement by the charity trustees setting out the way in which any property of the CIO has been or is to be applied prior to its dissolution in accordance with this constitution;

27.4. The charity trustees must ensure that a copy of the application is sent within seven days to every member and employee of the CIO, and to any charity trustee of the CIO who was not privy to the application.

27.5. If the CIO is to be wound up or dissolved in any other circumstances, the provisions of the Dissolution Regulations must be followed.

28. Interpretation

In this constitution: “connected person” means:

a) a child, parent, grandchild, grandparent, brother or sister of the charity trustee;

b) the spouse or civil partner of the charity trustee or of any person falling within sub-clause (a) above;

c) a person carrying on business in partnership with the charity trustee or with any person falling within sub- clause (a) or (b) above;

d) an institution which is controlled –

by the charity trustee or any connected person falling within sub-clause (a), (b) or above; or
by two or more persons falling within sub-clause (d)(i), when taken together

e) a body corporate in which –

the charity trustee or any connected person falling within sub-clauses (a) to (c) has a substantial interest; or
two or more persons falling within sub-clause (e)(i) who, when taken together, have a substantial interest.

Section 118 of the Charities Act 2011 apply for the purposes of interpreting the terms used in this constitution

“General Regulations” means the Charitable Incorporated Organisations (General) Regulations 2012.

“Dissolution Regulations” means the Charitable Incorporated Organisations (Insolvency and Dissolution) Regulations 2012.

The “Communications Provisions” means the Communications Provisions in [Part 9, Chapter 4] of the General Regulations.

“charity trustee” means a charity trustee of the CIO.

A “poll” means a counted vote or ballot, usually (but not necessarily) in writing.

Safer Recruitment Guidance

Achieved

Developing

Post advertised as widely as possible

Advert states:

Commitment to safeguarding children/vulnerable adults.
The need for the successful applicant to undertake an enhanced criminal record check.
That proof of identity will be required.

Final date stated for applications and interview date if known

Advert states that referees will be contacted prior to interview

Standard application form used obtain a common set of core data It seeks to obtain:

Identifying details of the applicant including current and former names, current address, and National Insurance Number.
N.B. To comply with the Equality Act 2010, recruiting bodies may wish to adopt a practice that the date of birth should not be included on the main application form, but added to a diversity monitoring form, which can be retained by HR/Personnel and not made available to those involved in the short-listing process.
A statement of any academic and/ or vocational qualifications with details of awarding body and date of award.
A full history in chronological order since leaving secondary education, including periods of any post-secondary education/training and part-time and voluntary work as well as full time employment, with start dates, explanations for periods not in employment or education/training and reasons for leaving employment.
Details of referees. One referee should be the applicant's current or most recent employer/line manager, not a colleague. Normally two referees should be sufficient.

Where an applicant is not currently working with children, but has done so in the past, it is important that a reference is also obtained from the employer by whom the person was most recently employed in work with children in addition to the current or most recent employer.
References are not accepted from relatives or friends.

A statement of the skills and abilities, and competencies/experience that the applicant believes are relevant to his/her suitability for the post and how s/he meets the person specification.
There is an explanation that the post is exempt from the Rehabilitation of Offenders Act 1974.
Information is requested about any previous - including spent - convictions, cautions, reprimands, warnings, or bind-overs.

Information pack sent to applicants The pack includes a copy of:

The application form, and explanatory notes about completing the form.
The job description and person specification.
Relevant information about the organisation and the recruitment process
The organisation’s Safeguarding Vulnerable Adults and Child Protection Policy.
A statement of the terms and conditions relating to the post.

Permission sought to obtain references prior to interview

Scrutinising and shortlisting:

Shortlisting is undertaken by a minimum of two people

At least one member of the panel has undertaken safe recruitment and selection training

The same selection panel both short list and interview the candidate

Information is checked for consistency and discrepancies

Applications are reviewed against essential and desirable criteria

Gaps in employment/training or a history of repeated changes of employment are identified and noted so that they are taken up as part of the consideration of whether to short list the applicant, or to ask the applicant for further explanation at interview

Incomplete applications are not accepted

Referees contacted for all shortlisted candidates before interview

Interview:

Consideration given to what assessment methods as well as interviews may be used

Interview panel established of a minimum of two people

All interviews are face to face meetings

Candidates asked at interview about:

any anomalies, discrepancies identified on their application form.
any gaps in their employment history.
criminal convictions and/or concerns/ allegations/

investigations.

their motivation for working with children.
their understanding of the roles safeguarding responsibilities.
any issues arising from their references.

List of questions prepared that assess the merits of each candidate against the job description and person specification

Clear notes are recorded of the candidates’ responses at interview and stored securely

The interview stresses that the identity of the successful candidate will be checked thoroughly and, that where a Disclosure and Barring Service check is appropriate, prior to appointment there will be a requirement to complete an application for a Disclosure and Barring Service disclosure

All candidates bring with them documentary evidence of their right to work in the UK and their identity. Evidence should be as prescribed by UK Visas and Immigration and the Disclosure and Barring Service and can include a current driving licence or passport including a photograph, or a full birth certificate, and a document such as a utility bill or financial statement that shows the candidate's current name and address (please note that these latter two are time-limited and must be no more than 3 months old), and where appropriate change of name documentation. Some form of photographic ID is seen

Candidates bring documents confirming any educational and professional qualification(s). If this is not possible, written confirmation is obtained from the awarding body

A copy of the documents used to verify the successful candidate's identity and qualifications are kept for the personnel file

Offer of employment:

Candidates are informed that any offers of employment are conditional and dependant on checks

References:

Professional references for the preferred candidate taken up if not already done prior to interview. Once received it is scrutinised and any concerns resolved satisfactorily before the person's appointment is confirmed

A copy of the job description and person specification is included with all reference requests

References include one from the candidate’s current employer

from their line manager or HR department

References obtained from a previous employer involving childcare if the candidate is not currently working in childcare to confirm details of their employment and reason(s) for leaving

Character references (from friends or relatives) are not accepted

‘Open-ended’/ ‘To whom it may concern’ references are not accepted

References are sought on all short-listed candidates, including internal ones

Checks are made that any written references are from the named referee

Reference proforma in place to obtain objective verifiable information

Requests for references ask:

The referee's relationship with the candidate, e.g., did they have a working relationship and how long has the referee known the candidate.
How they have demonstrated that they meet the person specification.
Whether the referee is satisfied that the person has the ability and is suitable to undertake the job.
Whether the applicant has been the subject of any disciplinary sanctions and whether the application has had any allegations made against them or concerns raised, which relate either to the safety and welfare of, or the applicant’s behaviour towards, children and young people. Details about the outcome of any such concern is sought.
Whether the referee is satisfied that the candidate is suitable to work with children/young people/Adults at Risk. If not, for details of the referee's concerns and the reason why the person might be unsuitable.
Confirmation of details of the applicant's current post, salary, and sickness record.
Specific verifiable comments about the applicant's performance history and conduct.
Requests remind the referee that they have a responsibility to ensure that the reference is accurate, and that relevant factual content of the reference may be discussed with the applicant.

On receipt of references:

They are checked to ensure all questions have been answered satisfactorily.
Prior to the confirmation of an appointment, referees are telephoned to confirm their views on the candidate and to ensure information provided by the candidate is accurate.
Any information about past disciplinary action or allegations is considered in the circumstances of the individual case. Cases in which an issue was satisfactorily resolved some time ago or an allegation determined to be unfounded or did not require formal disciplinary sanctions, and in which no further issues have been raised, are less likely to cause concern than more
serious or recent concerns, or issues that were not resolved satisfactorily. A history of repeated concerns or allegations over time should give cause for concern.

Pre-employment checks:

Clear job description in place

That states:

The main duties of the post.
The extent of contact/responsibility for children and young people/vulnerable adults.
The individual's responsibility for promoting and safeguarding the welfare of the children/young people/vulnerable adults.

Planning and advertising:

Steps to Safer Recruitment

Not in place

Prioritised actions for quality improvement: (What needs to happen?)

Personal specification in place

This includes:

The essential and desirable qualifications and experience.
Other requirements needed to perform the role in relation to working with children and young people/vulnerable adults.
The competencies and qualities that the successful candidate should be able to demonstrate.

All checks are:

Confirmed in writing.
Documented and retained on the personnel file (subject to restrictions on the retention of information imposed by Disclosure and Barring Service regulations).
Followed up where they are unsatisfactory or where there are discrepancies in the information provided.
Recorded on the DBS log detailing the date when the disclosure was obtained, by whom, level of disclosure and unique reference number.

An offer of appointment to the successful candidate is conditional upon:

Receipt of at least two satisfactory written references, where possible confirmed by telephone.
Verification of the candidate's identity.
A satisfactory Disclosure and Barring Service Disclosure at the appropriate level (unless the Disclosure and Barring Service Update Service applies).
Evidence of permission to work for those who are not nationals of a European Economic Area (EEA) country.
Verification of the candidate's medical fitness.
Verification of qualifications.
Verification of successful completion of statutory induction / probationary period where appropriate.

Risk assessment procedures in place to determine whether the individual is suitable to undertake the role where a DBS disclosure trace is returned giving consideration to:

The nature of the appointment.
The nature of the offence.
The age at which the offence took place.
The frequency of the offence.

Where:

The candidate is found to be on the Barred Lists, or the DBS Disclosure shows they have been disqualified from working with children by a Court.
The applicant has provided false information in, or in support of, their application.
There are serious concerns about an applicant's suitability to work with children.

These facts are reported to the police and/or Disclosure and Barring Service (if they are not already aware). Anyone who is barred from work with children is committing an offence if they apply for, offer to do, accept, or do any work which constitutes Regulated Activity. It is also an offence for an employer knowingly to offer work in a regulated position, or to procure work in a regulated position for an individual who is disqualified from working with children or fail to remove such an individual from such work.

Starting employment:

In relation to each member of staff appointed a record is kept showing:

Written references obtained and confirmed by telephone.
Gaps in employment history checked.
A satisfactory Disclosure and Barring Service /Enhanced Disclosure and Barring Service certificate obtained, with unique reference number and date.
Reasons/decision to appoint despite criminal convictions (i.e., a Risk Assessment).
Evidence of proof of identity (this will have been provided for the DBS check).
Evidence of qualifications.
Details of registration with appropriate professional body.
Confirmation of right to work in UK.
Record of interview questions and answers.

Records are signed and dated by appointing manager/chair of the interview panel

Thorough induction procedures in place which include:

Training and information about the organisation's safeguarding and child protection policies and procedures. This training is at a level appropriate to the member of staff role and responsibilities about children.
Supporting individuals in a way that is appropriate for their role
Confirming the conduct expected of staff.
Providing opportunities for a new member of staff or volunteer to discuss any issues or concerns about their role or responsibilities.
Enabling the line manager or mentor to recognise any concerns or issues about the person's ability or suitability at the outset and address them immediately.

The person receives written statements of:

Policies and procedures in relation to safeguarding.
The identity and responsibilities of staff with designated safeguarding responsibilities.
Safe practice and the standards of conduct and behaviour expected.
Other relevant personnel procedures e.g., whistle blowing, disciplinary procedures.

Supervision and staff review and development:

Regular and ongoing staff reviews are embedded in practice They:

Ensure staff are up to date with current safe practices.
Identify and support areas for development.
Openly address any concerns about behaviour and attitudes.
Provide an opportunity to raise concerns about key children.
Support staff well-being.
Put in place action plan and arrangements for review.

Supervision and staff review and development:

Regular and ongoing staff reviews are embedded in practice They:

Ensure staff are up to date with current safe practices.
Identify and support areas for development.
Openly address any concerns about behaviour and attitudes.
Provide an opportunity to raise concerns about key children.
Support staff well-being.
Put in place action plan and arrangements for review.

Safer Recruitment Policy

Contents

1. Introduction

2. Aims and Objectives

3. Roles and Responsibilities

4. Recruitment and Selection Procedure

4.1. Advertising

4.2. Application FormsJ

4.3. Job Descriptions and Person Specifications

4.4. References

5. Interviews

6. Offer of Appointment and New Employee Process

6.1 The Rehabilitation of Offenders Act 1974

7. DBS (Disclosure and Barring Service) Check

7.1. Portability of DBS Certificates Checks

7.2. DBS Certificate

7.3. Dealing with convictions

7.4. Proof of identity & Verification of Qualifications and/or professional status

7.5. Overseas checks

8. Induction Programme

9. Record Retention/Data Protection

10. Ongoing Employment

11. Leaving Employment at Order of the Shave Cross

12. Contractors and agency staff

13. Visiting Speakers (and Prevent Duty)

14. Volunteers

15. Monitoring and Evaluation

1. Introduction

The safe recruitment of staff and volunteers is the first step to safeguarding and promoting the welfare of vulnerable adults in within The Baby Star-Dust Foundation. The Baby Star-Dust Foundation is committed to safeguarding and promoting the welfare of all beneficiaries in its supervision. As an employer, The Baby Star-Dust Foundation expects all staff and volunteers to share this commitment.

2. Aims and Objectives

The aims of the Safer Recruitment policy is to help deter, reject or identify people who might abuse beneficiaries or are otherwise unsuited to working with them by having appropriate procedures for appointing staff.

The aims of The Baby Star-Dust Foundation’s recruitment policy are as follows:

to ensure that the best possible staff and volunteers are recruited on the basis of their merits, abilities and suitability for the position;
to ensure that all vacancy applicants are considered equally and consistently;
to ensure that no vacancy applicant is treated unfairly on any grounds including race, colour, nationality, ethnic or national origin, religion or religious belief, sex or sexual orientation, marital or civil partner status, disability or age;
to ensure that The Baby Star-Dust Foundation meets its commitment to safeguarding and promoting the welfare of children and young people by carrying out all necessary pre- employment checks.

Staff and volunteers involved in the recruitment and selection of staff/volunteers are responsible for familiarising themselves with and complying with the provisions of this policy.

The Baby Star-Dust Foundation has a principle of open competition in its approach to recruitment and will seek to recruit the best applicant for the job. The recruitment and selection process should ensure the identification of the person best suited to the job at The Baby Star-Dust Foundation based on the applicant’s abilities, qualification, experience and merit as measured against the job description and person specification.

The recruitment and selection of staff and volunteers will be conducted in a professional, timely and responsive manner and in compliance with current employment legislation.

If a member of staff or volunteer involved in the recruitment process has a close personal or familial relationship with an applicant they must declare it as soon as they are aware of the individual’s application and avoid any involvement in the recruitment and selection decision-making process.

The Baby Star-Dust Foundation aims to operate this procedure consistently and thoroughly while obtaining, collating, analysing and evaluating information from and about applicants applying for job vacancies at The Baby Star-Dust Foundation.

3. Roles and Responsibilities

It is the responsibility of the trustees to:

Ensure The Baby Star-Dust Foundation has effective policies and procedures in place for recruitment of all staff and volunteers in accordance with the requirements of the Safer Recruitment framework.
Monitor The Baby Star-Dust Foundation compliance with it.
Ensure that The Baby Star-Dust Foundation operates safe recruitment procedures and makes sure all appropriate checks are carried out on all staff and volunteers who work at The Baby Star-Dust Foundation.
To monitor contractors’ and agencies’ compliance with this document.

Trustees will be involved in staff and volunteer appointments, but the final decision will rest with the Chair of the board of trustees.

4. Recruitment and Selection Procedure

4.1. Advertising

To ensure equality of opportunity, The Baby Star-Dust Foundation will advertise all vacant posts to encourage as wide a field of applicant as possible, normally this entails an external advertisement.

All documentation relating to applicants will be treated confidentially in accordance with the Data Protection Act (DPA18).

4.2. Application Forms

The Baby Star-Dust Foundation uses its own application form and all applicants for employment will be required to complete an application form containing questions about their academic and full employment history and their suitability for the role (in addition all applicants are required to account for any gaps or discrepancies in employment history). Applicants submitting an incomplete application form will not be shortlisted. CV’s will not be accepted.

All applicants will be made aware that providing false information is an offence and could result in the application being rejected, or summary dismissal if the applicant has been selected, and referral to the police and/or the DBS.

4.3. Job Descriptions and Person Specifications

A job description is a key document in the recruitment process and must be finalised prior to taking any other steps in the process. It will clearly and accurately set out the duties and responsibilities of the job role.

The person specification is of equal importance and informs the selection decision. It details the skills, experience, abilities and expertise that are required to do the job.

4.4. References

References for short-listed applicants will be sent for immediately after short-listing. The only exception is where an applicant has indicated on their application form that they do not wish their current employer to be contacted at that stage. In such cases, this reference will be taken up immediately after interview.

All offers of employment/volunteer roles will be subject to the receipt of a minimum of two references which are considered satisfactory by The Baby Star-Dust Foundation. One of the references must be from the applicant's current or most recent employer. If the current/most recent employment does/did not involve work with children, then the second reference should be from the employer with whom the applicant most recently worked with children. The referee should not be a relative.

References will always be sought and obtained directly from the referee and their purpose is to provide objective and factual information to support appointment decisions.

All referees will be asked whether they believe the applicant is suitable for the job for which they have applied and whether they have any reason to believe that the applicant is unsuitable to work with children. Referees will also be asked to confirm that the applicant has not been radicalised, so that they do not support terrorism or any form of "extremism".

Please note that no questions will be asked about health or medical fitness prior to any offer of employment being made.

Any discrepancies or anomalies will be followed up. Direct contact by phone will be undertaken with each referee to verify the reference.

The Baby Star-Dust Foundation does not accept open references, testimonials or references from relatives.

5. Interviews

There will be a face-to-face interview wherever possible, and a minimum of two interviewers will see the applicants for the vacant position. The interview process will explore the applicant’s ability to carry out the job description and meet the person specification. It will enable the panel to explore any anomalies or gaps which have been identified in order to satisfy themselves that the chosen applicant can meet the safeguarding criteria (in line with Safer Recruitment Training).

Any information in regard to past disciplinary action or allegations, cautions or convictions will be discussed and considered in the circumstance of the individual case during the interview process, if it has been disclosed on the application form.

At least one member of any interviewing panel will have undertaken safer recruitment training or refresher training as applicable.

All applicants who are invited to an interview will be required to bring evidence of their identity, address and qualifications. Original documents will only be accepted and photocopies will be taken. Unsuccessful applicant documents will be destroyed 6 months after the recruitment programme.

6. Offer of Appointment and New Employee Process

In accordance with the recommendations set out in KCSIE, The Baby Star-Dust Foundation carries out a number of pre-employment checks in respect of all prospective employees and volunteers.

If it is decided to make an offer of employment following the formal interview, any such offer will be conditional on the following:

the agreement of a mutually acceptable start date and the signing of a contract incorporating The Baby Star-Dust Foundation's standard terms and conditions of employment;
verification of the applicant's identity (if not previously been verified);
the receipt of two references (one of which must be from the applicant's most recent employer) which The Baby Star-Dust Foundation considers to be satisfactory
where the position amounts to "regulated activity the receipt of an enhanced disclosure from the DBS which The Baby Star-Dust Foundation considers to be satisfactory;
any further checks which are necessary as a result of the applicant having lived or worked outside of the UK; and
verification of professional qualifications which The Baby Star-Dust Foundation deems a requirement for the post, or which the applicant otherwise cites in support of their application (where not previously verified).

A personal file checklist will be used to track and audit paperwork obtained in accordance with Safer Recruitment Training. The checklist will be retained on personal files.

6.1. The Rehabilitation of Offenders Act 1974

The Rehabilitation of Offenders Act 1974 does not apply to positions which involve working with, or having access to pupils. Therefore, any convictions and cautions that would normally be considered ‘SPENT’ must be declared when applying for any position at The Baby Star-Dust Foundation.

7. DBS (Disclosure and Barring Service) Check

The Baby Star-Dust Foundation applies for an enhanced disclosure from the DBS in respect of all positions at The Baby Star-Dust Foundation.

It is The Baby Star-Dust Foundation’s policy that the DBS disclosure must be obtained before the commencement of employment/volunteering of any new employee/volunteer.

It is The Baby Star-Dust Foundation’s policy to re-check employees’ DBS Certificates every three years and in addition any employee who takes leave for more than three months (ie maternity leave, career break etc) must be re-checked before they return back to work.

Members of staff at The Baby Star-Dust Foundation are aware of their obligation to inform the Board of Trustees of any cautions or convictions that arise between these checks taking place.

DBS checks will still be requested for applicants with recent periods of overseas residence and those with little or no previous UK residence.

7.1. Portability of DBS Certificates Checks

Staff may wish to join the DBS Update Service if they are likely to require another check in the future. Applicants may sign up to the Service for a fee of £13 per annum, which is payable by the applicant.

This allows for portability of a Certificate across employers. The Baby Star-Dust Foundation will:

Obtain consent from the applicant to carry out an update search.
Confirm the Certificate matches the individual’s identity.
Examine the original certificate to ensure that it is for the appropriate workforce and level of check, ie enhanced certificate/enhanced including barred list information.

The Update check would identify and advise whether there has been any change to the information recorded, since the initial Certificate was issued. Applicants will be able to see a full list of those organisations that have carried out a status check on their account.

7.2. DBS Certificate

The DBS no longer issue Disclosure Certificates to employers, therefore employees/applicants should provide a copy of their original Certificate to the Board of Trustees (for employees within 7 days of issue or applicants before they commence work or projects involving contact with children).

7.3. Dealing with convictions

The Baby Star-Dust Foundation operates a formal procedure if a DBS Certificate is returned with details of convictions.

Consideration will be given to the Rehabilitation of Offenders Act 1974 and also:

the nature, seriousness and relevance of the offence;
how long ago the offence occurred;
one-off or history of offences;
changes in circumstances,
decriminalisation and remorse.

A formal meeting will take place face-to-face to establish the facts with the Board of Trustees. A decision will be made following this meeting. In the event that relevant information (whether in relation to previous convictions or otherwise) is volunteered by an applicant during the recruitment process or obtained through a disclosure check, the Chair of the Board of Trustees will evaluate all of the risk factors above before a position is offered or confirmed.

If an applicant wishes to dispute any information contained in a disclosure, they may do so by contacting the DBS. In cases where the applicant would otherwise be offered a position were it not for the disputed information, The Baby Star-Dust Foundation may, where practicable and at its discretion, defer a final decision about the appointment until the applicant has had a reasonable opportunity to challenge the disclosure information.

7.4. Proof of identity & Verification of Qualifications and/or professional status

All applicants invited to attend an interview at The Baby Star-Dust Foundation will be required to bring their identification documentation such as passport, birth certificate, driving license etc. with them as proof of identity/eligibility to work in UK in accordance with the Immigration, Asylum and Nationality Act 2006 and DBS identity checking guidelines. The Baby Star-Dust Foundation does not discriminate on the grounds of age.

Where an applicant claims to have changed their name by deed poll or any other means (eg marriage, adoption, statutory declaration) they will be required to provide documentary evidence of the change.

In addition, applicants must be able to demonstrate that they have actually obtained any academic or vocational qualification legally required for the position and claimed in their application form.

7.5. Overseas checks

Applicants who have lived/travelled abroad for more than 3 months will need to obtain a criminal records check from the relevant country The applicant will not be permitted to commence work until the overseas information has been received and is considered satisfactory by The Baby Star-Dust Foundation.

8. Induction Programme

All new employees will be given an induction programme which will clearly identify The Baby Star- Dust Foundation policies and procedures, including the Safeguarding Vulnerable Adults Policy and the Code of Conduct, and make clear the expectations which will govern how staff carry out their roles and responsibilities.

9. Record Retention/Data Protection

The Baby Star-Dust Foundation is legally required to undertake the above pre-employment checks. Therefore, if an applicant is successful in their application, The Baby Star-Dust Foundation will retain on their personnel file any relevant information provided as part of the application process. This will include copies of documents used to verify identity, right to work in the UK and qualifications.

Medical information may be used to help The Baby Star-Dust Foundation to discharge its obligations as an employer, eg so that The Baby Star-Dust Foundation may consider reasonable adjustments if an employee suffers from a disability or to assist with any other workplace issue.

This documentation will be retained by The Baby Star-Dust Foundation for the duration of the successful applicant's employment with The Baby Star-Dust Foundation. All information retained on employees will be kept by the board of Trustees in a locked and secure cabinet.

The same policy applies to any suitability information obtained about volunteers involved with The Baby Star-Dust Foundation activities.

The Baby Star-Dust Foundation will retain all interview notes on all unsuccessful applicants for a period of 6 months, after which time the notes will be confidentially destroyed (ie shredded). The 6-

month retention period is in accordance with the General Data Protection Regulations (GDPR) [DPA18].

10. Ongoing Employment

The Baby Star-Dust Foundation recognises that safer recruitment and selection is not just about the start of employment but should be part of a larger policy framework for all staff. The Baby Star-Dust Foundation will therefore provide ongoing training and support for all staff, as identified through the Annual Review/appraisal procedure.

11. Leaving Employment at Order of the Shave Cross

Despite the best efforts to recruit safely, there will be occasions when allegations of serious misconduct or abuse are raised. This policy is primarily concerned with the promotion of safer recruitment and details the pre employment checks that will be undertaken prior to employment being confirmed. Whilst these are pre-employment checks The Baby Star-Dust Foundation also has a legal duty to make a referral to the DBS in circumstances where an individual:

has applied for a position at The Baby Star-Dust Foundation despite being barred from working with children; or
has been removed by The Baby Star-Dust Foundation from working in contact with beneficiareis (whether paid or unpaid), or has resigned prior to being removed, because they have harmed, or pose a risk of harm to, a benficiarie.

12. Contractors and agency staff

Contractors engaged by The Baby Star-Dust Foundation must complete the same checks for their employees that The Baby Star-Dust Foundation is required to complete for its staff. The Baby Star- Dust Foundation requires confirmation that these checks have been completed before employees of the Contractor can commence work at The Baby Star-Dust Foundation.

Agencies who supply staff to The Baby Star-Dust Foundation must also complete the pre- employment checks which The Baby Star-Dust Foundation would otherwise complete for its staff. Again, The Baby Star-Dust Foundation requires confirmation that these checks have been completed before an individual can commence work at The Baby Star-Dust Foundation.

The Baby Star-Dust Foundation will independently verify the identity of staff supplied by contractors or an agency in and will require the provision of the original DBS certificate before contractors or agency staff can commence work at The Baby Star-Dust Foundation.

13. Visiting Speakers (and Prevent Duty)

The Prevent Duty Guidance requires The Baby Star-Dust Foundation to have clear protocols for ensuring that any visiting speakers, whether invited by staff or by pupils, are suitable and appropriately supervised.

The Baby Star-Dust Foundation will obtain such formal or informal background information about a visiting speaker as is reasonable in the circumstances to decide whether to invite and/or permit a speaker to attend The Baby Star-Dust Foundation. In doing, the Prevent Duty Guidance and the definition of "extremism" set out in KCSIE which states:

"’Extremism’ is vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces, whether in this country or overseas. Terrorist groups very often draw on extremist ideas developed by extremist organisations."

In fulfilling its Prevent Duty obligations The Baby Star-Dust Foundation does not discriminate on the grounds of race, colour, nationality, ethnic or national origin, religion or religious belief, sex or sexual orientation, marital or civil partner status, disability or age.

14. Volunteers

The Baby Star-Dust Foundation will request an enhanced DBS disclosure information on all volunteers undertaking regulated activity with pupils at or on behalf of The Baby Star-Dust Foundation (the definition of regulated activity set out above will be applied to all volunteers).

Under no circumstances will The Baby Star-Dust Foundation permit an unchecked volunteer to have unsupervised contact with beneficiaries.

It is The Baby Star-Dust Foundation's policy that a new DBS certificate is required for volunteers who will engage in regulated activity but who have not been involved in any activities with The Baby Star- Dust Foundation for three consecutive months or more. Those volunteers who are likely to be involved in activities with The Baby Star-Dust Foundation on a regular basis may be required to sign up to the DBS update service as this permits The Baby Star-Dust Foundation to obtain up to date criminal records information without delay prior to each new activity in which a volunteer participates.

In addition The Baby Star-Dust Foundation will seek to obtain such further suitability information about a volunteer as it considers appropriate in the circumstances. This may include (but is not limited to the following):

formal or informal information provided by staff, beneficiaries and other volunteers;
character references from the volunteer's place of work or any other relevant source; and
an informal safer recruitment interview.

15. Monitoring and Evaluation

The Board of Trustees will be responsible for ensuring that this policy is monitored and evaluated throughout The Baby Star-Dust Foundation. This will be undertaken through formal audits of job vacancies and a yearly Safer Recruitment Evaluation audit which will be presented to the Chair of Trustees to report to the governing body.

Confidentiality Policy

Contents

1. Introduction

2. Purpose

3. Principles

4. Records

5. Breaches of confidentiality

6. Legislative Framework

7. Ensuring the Effectiveness of the Policy

8. Non-adherence

1. Introduction

The Baby Star-Dust Foundation is committed to providing a confidential service. No information given to the charity will be shared with any other organisation or individual without the user’s expressed permission.

For the purpose of this policy, confidentiality relates to the transmission of personal, sensitive or identifiable information about individuals or The Baby Star-Dust Foundation work which comes into the possession of the charity through its work.

The Baby Star-Dust Foundation holds personal data about its staff, supporters, members and volunteers which will only be used for the purposes for which it was gathered and will not be disclosed to anyone outside of the charity without prior permission.

All personal data will be dealt with sensitively and in the strictest confidence internally and externally.

2. Purpose

The purpose of the confidentiality policy is to ensure that all staff, members, volunteers and users understand the charity’s requirements in relation to the disclosure of personal data and confidential information.

3. Principles

All personal paper-based and electronic data must be stored in accordance with the Data Protection Act 1998 and must be secured against unauthorised access, accidental disclosure, loss or destruction.
All personal paper-based and electronic data must only be accessible to those individuals authorised to have access.

4. Records

All paper records are kept in locked filing cabinets. All information relating to staff, supporters, members and volunteers will be left in locked drawers. This includes notebooks, copies of correspondence and any other sources of information.

5. Breaches of confidentiality

The Baby Star-Dust Foundation recognises that occasions may arise where individuals feel they need to breach confidentiality. Confidential or sensitive information relating to an individual may be divulged where there is risk of danger to the individual, a volunteer or employee, or the public at large, or where it is against the law to withhold it. In these circumstances, information may be divulged to external agencies e.g. police or social services on a need to know basis.

Where a volunteer feels confidentiality should be breached the following steps will be taken:

a) The volunteer should raise the matter immediately with their main contact at The Baby Star-Dust Foundation.

b) The volunteer must discuss with their main contact the issues involved in the case and explain why they feel confidentiality should be breached and what would be achieved by breaching confidentiality. The main contact should take a written note of this discussion.

c) The main contact is responsible for discussing with the volunteer what options are available in each set of circumstances.

d) The main contact is responsible for making a decision on whether confidentiality should be breached. If the main contact decides that confidentiality is to be breached, then they should take the following steps:

The main contact should contact the (Insert job title here). The main contact should brief the Executive Director on the full facts of the case, ensuring they do not breach confidentiality in doing so. The main contact should seek authorisation to breach confidentiality from the (Insert job title here).
If the (Insert job title here) agrees to breach confidentiality, a full written report on the case should be made and any action agreed undertaken. The main contact is responsible for ensuring all activities are actioned.
If the (Insert job title here) does not agree to breach confidentiality then this is the final decision of The Baby Star-Dust Foundation.

6. Legislative Framework

The Baby Star-Dust Foundation will monitor this policy to ensure it meets statutory and legal requirements including the Data Protection Act, Children's Act, Rehabilitation of Offenders Act and Prevention of Terrorism Act. Training on the policy will include these aspects.

7. Ensuring the Effectiveness of the Policy

All volunteers will have access to a copy of the confidentiality policy. Existing and new volunteers will be introduced to the confidentiality policy via the The Baby Star-Dust Foundation induction. The policy will be reviewed annually.

8. Non-adherence

Breaches of this policy will be dealt with under the Grievance and/or Disciplinary procedures as appropriate.

Complaints Policy and Procedure

Contents

1. Introduction

2. What is a complaint?

2.1. Our policy covers complaints about:

2.2. Our complaints policy does not cover:

3. Confidentiality

4. How to complain to us

5. How we will respond to your complaint

6. Service complaints procedure

Stage 1

Stage 2

7. Timescales

Stage 1

Stage 2

7.1. Extending time limits

8. Remedies

8.1. List of remedies

9. Recording Complaints

10. Contacting us

1. Introduction

The Baby Star-Dust Foundation are committed to providing a high quality, transparent and accessible service to everyone we deal with. In order to do this, we need you to tell us when we get things wrong. We want to help resolve your complaint as quickly as possible.

We handle any expression of dissatisfaction with our service which calls for a response as a complaint. We listen to your complaints, treat them seriously, and learn from them so that we can continuously improve our service.

2. What is a complaint?

A complaint is an expression of dissatisfaction, whether justified or not.

2.1. Our policy covers complaints about:

the standard of service you should expect from us
the behaviour of our staff or volunteers in delivering that service
any action, or lack of action, by our staff or others engaged on charity business

We refer to these complaints as "service complaints".

2.2. Our complaints policy does not cover:

comments about our policies or policy decisions
dissatisfaction or complaints expressed with our policies or decisions about individual cases.
matters that have already been fully investigated through this complaint’s procedure
anonymous complaints.
Our standards for handling complaints
We can receive complaints by letter or email, or alternatively if required by virtue of reasonable adjustments. We treat all complaints seriously.
You can expect to be treated with courtesy, respect, and fairness always. We expect that you will also treat our staff dealing with your complaint with the same courtesy, respect, and fairness.
We will treat your complaint in confidence within The Baby Star-Dust Foundation.
We will deal with your service complaint promptly. We will acknowledge receipt of a written complaint within five working days where we have a return address, and you can expect to have a full reply within 20 working days. In a few cases we will not be able to send a full reply within 20 working days of receipt, for example if your complaint is very complex. If this happens, we will tell you the reason why and let you know when we will be able to reply in full, keeping you fully informed of progress.
You can find further information in our Annual Reports and Accounts on the number and categories of service complaints, and the percentage of those upheld.
We will not treat you less favourably than anyone else because of your:
- sex or legal marital or same-sex partnership status: this includes family status, responsibility for dependants, and gender (including gender reassignment, whether proposed, commenced, or completed)
- sexual orientation
- colour or race: this includes ethnic or national origin or nationality
- disability
- religious or political beliefs, or trade union affiliation
- any other unjustifiable factors, for example language difficulties, age, pregnancy, and maternity.

3. Confidentiality

All complaints received will be dealt with confidentially and in accordance with the requirements of the Data Protection Act 2018, subject to the need to disclose information as required by statutory authorities, and/or because of statutory or legal obligations placed on The Baby Star-Dust Foundation.

4. How to complain to us

If you wish to make a complaint, you can do so by email or letter.

If you are disabled, and need a reasonable adjustment to ensure you can register your complaint, you can contact us alternatively by:

telephone (one of our officers will help you by writing out your complaint)
asking a member of staff to help you in writing out your complaint

Our contact details are in the Contacting Us section below. If you require different adjustments, let us know and we will try and put those arrangements in place where we can.

5. How we will respond to your complaint

6. Service complaints procedure

We have a two-stage service complaints handling procedure, explained above. At each stage it will help us to resolve your complaint quickly if you can give us as much clarity and detail as possible, including providing any documents and correspondence and stating that you are making a complaint. If we do not have all the details required to deal with the complaint, we may contact you and ask you for further information.

Our Designated Safeguarding Lead is responsible for managing the handling of service complaints including notifying you of the outcome.

Stage 1

This is the first opportunity for us to resolve your dissatisfaction. We expect the majority of complaints to be resolved at this stage. On receipt of your complaint, we will inform the most appropriate senior manager and ask them to respond to your complaint.

Stage 2

If you are dissatisfied with the response at stage 1, you may request a review. This will be carried out by Designated Safeguarding Officer. Your request together with all subsequent correspondence relating to it should be sent to our Chairperson, who will forward your request to the Designated Safeguarding Officer to be reviewed.

If you are still dissatisfied:

If having followed the two internal stages of our service complaints procedure you remain dissatisfied, you can take your complaint to the Charity Commission at https://forms.charitycommission.gov.uk/raising-concerns/

7. Timescales

Stage 1

We will acknowledge complaints within 5 working days of receiving each complaint. We will send a full response within 20 working days of receiving each complaint.

If you make a complaint in person to a member of our staff (at an event or meeting), we will record your complaint in writing within 3 working days, and acknowledge it within 5 working days thereafter. We will then deal with your complaint in accordance with our policy for written complaints.

Stage 2

We will acknowledge complaints within 5 working days of receiving each complaint. We will send a full response within 20 working days of receiving each complaint.

7.1. Extending time limits

We aim to complete our investigation into all complaints received about our service within the timescales set out above. However, in a limited number of cases - for example, if a complaint is very complex or requires further breakdown, it may be necessary to extend the time limit to ensure we have all the information necessary to deal with it. If this is the case, we will keep you informed of progress with the investigation, the reasons for the delay, and inform you of next steps.

8. Remedies

When we get things wrong, we will act to:

accept responsibility and apologise
explain what went wrong and why, and
put things right by making any changes required
learn lessons from mistakes and change policies and practices where proportionate and sensible to do so

The action we take to put matters right (i.e. redress) in response to a service complaint can include any combination of the remedies set out in the list below. The general principle we follow is that complainants should, so far as possible, be put in the position they would have been in, had things not gone wrong.

The remedy applied needs to be proportionate and appropriate to the failure in service and take into account what redress people seek when they complain. An apology is generally the most appropriate action, but other action may also be necessary in some circumstances.

8.1. List of remedies

A full apology, explaining what happened and/or what went wrong. (An apology is not an acceptance of liability under Section 2 of the Compensation Act 2006)
Remedial action, which may include reviewing or changing a decision on the service given to an individual complainant
Provide the service required in first instance (immediately, if appropriate)
Putting things right (for example a change of procedure to prevent future difficulties of a similar kind, either for the complainant or others)
Training or supervising staff; or a combination of both

9. Recording Complaints

Complaint details, outcomes and actions taken are recorded by us and used for service improvement. We record all complaints we receive and collate data from them to help us understand what types of problems are most prevalent, and how well we are doing to resolve them.

We value your feedback and expect to use it to help us to:

get things right in the future if we have not done so already
become more customer focused
be more open and accountable
act fairly and proportionately
seek continuous improvement

We will handle your information so that it is only processed and retained appropriately and legally, in line with data protection legislation.

10. Contacting us

All complaints and requests for review under our complaint’s procedure should be sent as follows:

By post:

By email:

If you are unable to contact us in writing as above, and require a reasonable adjustment because you are a disabled person, you may contact us as follows:

Telephone:

Complaint received and logged

Full response sent within 20 working days

Are you happy with our response?

Ask for a review of our response

Full response sent within 20 working days

Are you happy with our response?

Yes

Complaint closed and any lessons drawn - thank you

Consider sending your complaint to Charity Commission

Stage 1

Acknowledgement sent within 5 working days
Complaint sent to senior officer to assess

Yes

Complaint closed and any lessons drawn - thank you

Stage 2

Acknowledgement sent within 5 working days

Complaint sent to trustees to review

Our Policies

1. Safeguarding Policy

Introduction and Context

2. Scope of this Policy

3. Principles Underpinning Our Approach to Safeguarding

4. Designated Safeguarding Leads

5. Identifying Those at Risk

6. Procedure for Reporting, Recording, and Managing Safeguarding Concerns

Figure 1. Process for reporting incidents internally

7. Implementation and Quality Monitoring

9. ‘Prevent’ and Safeguarding

10. Good Practice and Supporting Documentation

11. Other relevant policies:

12. Appendix A

Role of the Designated Safeguarding Lead:

13. Appendix B

15. Appendix D

16. Appendix E

17. Appendix 3

Useful Contacts

Designated Safeguarding Officer for The Baby Star-Dust Foundation:

If you think someone is in immediate danger, the best thing to do is call 999 for the emergency services.