Child Protection in Arts: Frequently Asked Questions: Answers

Preventing Abuse

14.  “What should I be doing to ensure good child protection practice?”

Good practice in planning a project for work involving children, young people and vulnerable adults means:

• undertaking at the outset of project planning, a risk assessment, and monitoring risk throughout the project
  
• identifying at the outset the people with designated protection responsibility
  
• engaging in effective recruitment, including appropriate vetting of staff and volunteers
  
• knowing how to get in touch with local authority social services, in case you have to report a concern to them

Good practice in a physical environment where there is contact with children, young people and vulnerable adults means;

• always ensuring that someone from the school/educational establishment, youth organisation or care setting is present and therefore meeting their responsibility for ensuring the safety of those in the setting
  
• monitoring risks throughout the project
• Good practice in physical contact means:
• maintaining a safe and appropriate distance from participants
  
• only touching participants when it is absolutely necessary in relation to the particular arts activity
  
• seeking agreement of participants prior to any physical contact
  
• making sure disabled participants are informed of and comfortable with any necessary physical contact

Good practice in interpersonal dealings means:

• treating all children/young people/vulnerable adults equally, and with respect and dignity
  
• always putting the welfare of each participant first, before achieving goals
  
• building balanced relationships based on mutual trust which empowers children/young people/vulnerable adults to share in the decision-making process
  
• giving enthusiastic and constructive feedback rather than negative criticism
  
• making the arts fun, enjoyable and promoting equality
  
• being an excellent role model for dealings with other people
  
• recognising that children or young people with disabilities may be even more vulnerable to abuse than other children or young people
  

Good practice in managing sensitive information means:

• having a policy and set of procedures for taking, using and storing photographs or images of children, young people or vulnerable adults
  
• careful monitoring and use of web-based materials and activities
  
• agreed procedures for reporting any suspicions or allegations of abuse
  
• ensuring confidentiality in order to protect the rights of employees, freelancers and volunteers, including safe handling, storage and disposal of any information provided on artists or arts facilitators (or others involved in arts projects) as part of the recruitment process. (Data Protection Act 1998)

Good practice in professional development means:

• keeping up-to-date with health and safety in artistic practice
  
• being informed about legislation and policies for protection of children, young people and vulnerable adults
  
• undertaking relevant development and training

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15a. “Can I photograph/film the children/young people/vulnerable adults I’m working with?”

Discuss the taking of images (photographs, videos or film) with the school, youth club or other authorities responsible. Most will have rules regarding images. At first these rules may seem far-fetched, but they are aimed at protecting children and young people being targeted by paedophiles or others who may harm them. For instance, it is possible to digitally manipulate images to create child pornography. With the help of photographs, children can be identified with a particular school or setting and then targeted for abuse or kidnapping.

If the organisation with which you are working does not have a specific policy, you should negotiate any photographing/filming with them. Formal permission should be obtained for the use of any images, whether of a child, young person or adult.

A parent or guardian can consent to the use of images of the child or young person for whom they are responsible. With older children it is good practice to seek their permission directly as well as asking their parent or carer. If an adult has learning difficulties, they should discuss with their carer or support worker whether to permit images to be used for the purpose stated.

In all cases, permission is for specific uses, although some schools, etc, seek ‘blanket’ permission from parents for a specific period of time, such as a year. (Some LEAs discourage ‘blanket’ permission.) You must clearly label and date images and the specific use agreed should be noted. If you want to use them again for a different purpose, new permission will be necessary.

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15b. “We use the internet in our arts workshops and in promoting our work; is there anything we need to know in relation to protection issues?”

The internet provides a valuable resource for the arts and for education. However, it does present risks. Child sex offenders can use it as a means to access children. Child sex offenders can target children through chat rooms, news rooms or groups, email lists and by using interactive games. Usually they pretend to be someone of a different age and sometimes gender. In this way they develop an on-line relationship with children or young people, intending it to lead to a meeting. Children can also be exposed to pictures or written material that is pornographic, upsetting or offensive. Inoffensive images of children can be downloaded, manipulated and then turned into pornographic material.

Online posting images of children or young people, particularly if they have a national profile for their arts or other activity, means that paedophiles can readily locate that child, using information about their school or the arts setting.

You should carefully monitor the access and use of the internet when working children or young people and in promoting the activities you are involved in. The Home Office Task Force on Child Protection on the Internet was set up in 2001. Information including guidance can be found at www.wiseuptothenet.co.uk

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16. “I’d never thought that my lyrics might cause a problem for young people”

Lyrics which include sexist, racist and homophobic words/sentiments are likely to alienate some group members. They convey inappropriate, unprofessional messages and should be challenged, not used in artistic media. Professionals who work with young people have a ‘duty of care’ for their well-being. Exclusion and discrimination have no place in work with young people.

Attending training events where you have opportunities to identify and discuss wider child protection issues arising in your day to day work will have immediate benefits (e.g. reflecting on possible impacts of our work on user groups; learning about anti-discriminatory practice; understanding vulnerable/marginalised groups *; experiences of social exclusion; sharing strategies to challenge prejudice through arts work; ideas for screening / auditing practice for ‘unsafe’/ unprofessional elements).

* Vulnerable children include:

• babies, toddlers and young children
  
• abused, neglected, rejected, unloved children
  
• children living with Domestic Violence
  
• children who are/have been in Local Authority care
  
• young carers (e.g. child looking after sick/disabled parent)
  
• young people who are depressed, bereaved, suffering loss, self-harming, eating disorder, low self-esteem, isolated, binge-drinking/substance misusers, young offenders

‘Marginalised’ groups include:

• ethnic minorities
  
• mixed heritage
  
• gay/lesbian
  
• Travellers
  
• Irish heritage
  
• disabled/special needs
  
• mental health sufferers
  
• substance misusers
  
• families caught in poverty/debt
  
• asylum-seekers/refugees
  
• homeless

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17. “What about staffing ratios?”

In youth work practice the ratio of legally responsible adults to children/young people tends to be 1:8 regardless of age. Other guidance suggests 1:10 for older children.

It is recommended that there is a minimum of two staff with legal responsibility are present at all times and that children under eight years old are supervised all the time.

The National Care Standards Commission has specific staffing ratio requirements for daycare organisations, which may be a guide for other organisations. It is a new, independent public body set up under the Care Standards Act 2000, to regulate social care and private and voluntary health care services throughout England, see www.carestandards.org.uk. In 2002 it began registering and inspecting care services, such as daycare provision, replacing local authority and health authority inspections.

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18. “What about health and safety in arts practice?”

Recommendations are that:

• groups should not have more that 26
  
• an appropriate number of legally responsible adults are present (see staffing ratios)
  
• there must be adequate space
  
• there must be access to a telephone in the building
  
• equipment must meet safety standards
  
• risk assessments must be carried out
  
• there must be a first-aid box which meets current Health and Safety (First Aid) Regulations and a member of staff trained in first aid
  
• regular and appropriate food and drinks are provided
  
• special needs are catered for
  
• no child under five years should be left at events, unless the parent/carer or responsible older sibling stays with the child
  
• no school group, youth group or group from a care setting should be left without a legally responsible staff member present
  
• the artist/arts facilitators should know the evacuation procedures and should tell the group
  
• children and young people should have a ‘named person’ to whom they may report any worries or concerns
  
• contact names and telephone numbers for ‘named people’ should be visibly displayed, for instance on posters.

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19. “Will my organisation need to register as a daycare provider for children?”

The Care Standards Act 2000 regulates daycare for children under the age of eight. It does not apply if the total period of daycare during any day is up to two hours. Nor does it apply when daycare is more than two hours, but is only provided on up to five days during the year and providing that Ofsted has been notified beforehand. (See section 2: Glossary for more about Ofsted.)

Therefore:

• if you are not registered with the National Care Standards Commission you must not provide activities for children under the age of eight that exceed two hours
  
• if you provide a limited number of activities (less than six a year) on site for children under the age of eight, you must notify Ofsted.
  
• If you wish to provide activities at your organisation that last more than two hours and which take place on six or more occasions during a year, you must get in touch with the National Care Standards Commission to check the registration requirements of the Care Standards Act 2000.

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Answers compiled by Michelle Walmsley, Consultant Child Protection Trainer, Manchester. October 2003.

Sources include:

• ‘firstcheck’, NSPCC, email: infounit@nspcc.org.uk
  
• ‘Our Duty to Care’, Volunteer Development Agency, Tel: 028 9023 6100
  
• ‘Keeping Arts Safe; protection of children, young people and vulnerable adults involved in arts activities’, Arts Council England/NSPCC, April 2003. See: www.tipp.org.uk
  
• ‘More Than a Policy: Towards Meaningful Child Protection in the Arts’ – TiPP/Arts Council England, April 2003. See: www.tipp.org.uk
  
• ‘Working Together to Safeguard Children’, Home Office, Department for Education and Employment, Department of Health, 1999.
  
• ‘The Framework for the Assessment of Children and their Families’, DoH, DfEE, H.O., 2000.
  
• ‘Every Child Matters’, Government Green Paper, 2003.