Spike Island is one of Europe’s largest studio complexes. We are home to over 70 artists, over 35 creative businesses, over 160 Associates, and hundreds of MA/BA Fine Art students of UWE Bristol. Our community is built to support artists to develop their careers, gain new knowledge, and grow their networks.

The purpose of this policy statement is:
• to protect children and young people who take part or engage with Spike Island’s activities, from harm.
• to provide staff and volunteers, as well as children and young people and their families, with the overarching principles that guide our approach to child protection.

This policy applies to anyone working on behalf of Spike Island, including senior managers and the board of trustees, paid staff, volunteers, freelancers, commissioned artists and students.

Legal framework:

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

Gov.uk: Working Together to Safeguard Children:

https://www.gov.uk/government/publications/working-together-to-safeguard-children–2

Care Act 2014:

https://www.legislation.gov.uk/ukpga/2014/23/contents/enacted

Further Resources:

https://learning.nspcc.org.uk/ https://bristolsafeguarding.org/ https://www.cqc.org.uk/what-we-do/how-we-do-our-job/safeguarding-people

https://bristol.learningpool.com/login/index.php

Supporting documents:

This policy statement should be read alongside our organisational policies, procedures, guidance and

other related documents, including:

• Data Protection and Privacy Policy
• Accessibility Policy
• Health and Safety Policy
• Equity and Diversity Policy
• Dignity at Work Policy

Employee Handbook

Safeguarding Officers:

Members of the team you can talk to about Safeguarding at any time are:

Saphia Abrahamovitch-Venner (Assistant Curator: Artist Development and Engagement)

Jo Kimber (Operations Manager) – training underway

Isabel Jones (Office and HR Manager)

Which groups of people does this apply to:

‘Children’:
A person under the age of 18.

‘Vulnerable adult’:
A vulnerable adult refers to anyone aged 8 years or over who is at risk of abuse or neglect because of their needs for care and/or support.

‘Young Person’:
In this document, a ‘young person’ is in the upper age ranges of the official definition of a child. The term has no legal status – it acknowledges that people aged 16 or 17 may not think of themselves as ‘children’.

‘Safeguarding’:
Safeguarding is a term which is broader than child/young person/vulnerable adult protection and relates to the action taken to promote the welfare of children, young people and vulnerable adults and protect them from harm. Safeguarding is everyone’s responsibility.

‘Safeguarding children and young people’:
Safeguarding is defined in HM Government’s Working Together to Safeguard Children (2018) as:

• Protecting children from maltreatment
• Preventing impairment of children’s mental and physical health or development
• Ensuring that children grow up in circumstances consistent with the provision of safe and effective care
• Taking action to enable all children to have the best outcomes.

‘Safeguarding Adults’:
Safeguarding is defined in the Care Act (2014) as ‘Protecting an adult’s right to live in safety, free from abuse and neglect’, with the aims of:

• Preventing harm and reducing the risk of abuse or neglect to adults with care and support needs.
• Safeguarding adults in a way that supports them in making choices and having control about how they want to live.
• Promoting an approach that concentrates on improving life for the adults concerned.
• Providing information and support in accessible ways to help people understand the different types of abuse, how to stay safe and what to do to raise a concern about the safety or well-being of an adult.

Furthermore, it emphasis other aims:

• Raising public awareness so that communities as a whole, alongside professionals, play their part in preventing, identifying and responding to abuse and neglect.
• Stopping abuse or neglect wherever possible.
• Addressing what caused the abuse or neglect.

1. Child Protection Policy (including Young People)

Spike Island has a duty through our Board of Trustees and employees to protect from abuse children and young people with whom we come into contact. This accords with our core value of “equality”, which includes that all those participating in or working with Spike Island will treat people of all ages fairly and with respect; abusive relationships and behaviours will not be tolerated. Implicit in this is that children and young people must be protected from abuse. The purpose of this policy is to state this explicitly and to describe the behaviours and actions expected of Spike Island employees.
Abuse is the violation of an individual’s human and civil rights by any other person or carer. It can result from the action or inaction by a carer or any other person.

Types of Abuse:
a. Physical Abuse – A form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.
b. Sexual Abuse – Involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse. Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.
c. Child Sexual Exploitation – Child sexual exploitation is a form of child sexual abuse. It occurs where an
individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology.
d. Emotional Abuse – The persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to a child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyber bullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.
e. Neglect – The persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to:
a. provide adequate food, clothing and shelter (including exclusion from home or abandonment)
b. protect a child from physical and emotional harm or danger
c. ensure adequate supervision (including the use of inadequate care-givers)
d. ensure access to appropriate medical care or treatment
It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Different types of abuse may happen at the same time; and can happen in any setting. Historical abuse also comes within the scope of this policy; there may be occasions when an adult will disclose abuse (either sexual or physical) which occurred in the past, during their childhood. This information needs to be treated in exactly the same way as a disclosure or suspicion of current child abuse. The reason for this is that the abuser may still represent a risk to children now.

1.1 Arrangements and procedures
1.1.1 Awareness
• Spike Island’s employees are not responsible for diagnosing abuse. We do have a responsibility to be aware and alert to signs that all is not well with a child or young person.
• Not all concerns about children or young people relate to abuse, and there may well be other explanations. It is important to keep an open mind and consider what is known about the child and its circumstances.
• Bristol’s multi-agency procedures for working with children in need (including those in need of protection) and their families are the guidelines statutory agencies work to.

1.1.2 What to do
When abuse is disclosed or observed, the following action will be taken:
• You must call the police on 999 if you are currently witnessing a child being harmed or in a situation of immediate risk
• For any abuse is disclosed or observed which is not a situation of immediate risk:
• Whoever has disclosed the information will be informed that the information cannot be kept confidential and will have to be passed on to appropriate staff/agencies/authorities.
• Spike Island’s Director must be told immediately of suspected child abuse.
• The Director will ensure that an accurate and contemporary record will be made and kept for future reference including any communications with members of staff, external agencies and the authorities.
• The Director, or a senior member of staff instructed by the Director, will immediately report the disclosure or observation according to this procedure:
o To First Response straight away on 0117 903 6444 if the concern relates to a disclosure of abuse requiring a same day response.
o Using the Bristol City Council form for all other reports to First Response: https://www.bristol.gov.uk/social-care-health/make-a-referral-to-first-response

1.1.3 Support to employees
• As a result of reporting concerns, the person who disclosed the information may be upset or angry. Spike Island, through the Director, will organise appropriate support for employees.
• Spike Island will also discuss with Children and Young People’s Services or the Police whether further information or involvement of employees is wanted, and if so, how this will happen.
• Employees may also be subject to allegations of abusing children. While support will be offered, Spike Island will ensure that Children and Young People’s Services or the Police are given all assistance in pursuing any investigation. Suspension and/or the disciplinary procedure may be implemented.

1.1.4 Confidentiality
Confidentiality is crucial to all our relationships – but the welfare of the child is paramount. The law does not allow anyone to keep concerns relating to child abuse to themselves. Confidentiality may not be maintained if the withholding of the information will prejudice the welfare of the child.

1.1.5 Recruitment
Spike Island will make appropriate Criminal Records Bureau checks for all employees who work directly with young children and vulnerable adults. Two references will be sought for new employees and followed up as necessary. A rigorous and probing approach to the application process (e.g. using application forms designed to elicit the full, relevant history of applicants), interviews and selection for positions with Spike Island will be adhered to. Proof of identity may be sought.

1.1.6 Other Measures
Concerns about children’s welfare will always be taken seriously. The work of Spike Island will be planned in ways which minimise risks to children and young people; for example, attention paid to the physical layout and surroundings when children are involved in the preparation of programmes to be broadcast.

2. Vulnerable Adults Policy

Spike Island has a duty through our Board and employees to protect from abuse vulnerable adults with whom we come into contact. This accords with our core value of ‘equality’, which includes that all those participating in or working with Spike Island will treat people of all ages fairly and with respect; abusive relationships and behaviours will not be tolerated. Implicit in this is that vulnerable adults must be protected from abuse. The purpose of this policy is to state this explicitly and to describe the behaviours and actions expected of Spike Island employees.

Abuse is the violation of an individual’s human and civil rights by any other person or carer. It can result from the action or inaction by a carer or any other person.
Historical abuse also comes within the scope of this policy; there may be occasions when an adult will disclose abuse (either sexual or physical) which occurred in the past, or during their childhood. This information needs to be treated in exactly the same way as a disclosure or suspicion of current abuse. The reason for this is that the abuser may still represent a risk to vulnerable adults, or to children, now.
Types of Abuse:
• Neglect
• Self-neglect
• Emotional/psychological abuse
• Physical abuse
• Sexual abuse
• Female Genital Mutilation (FGM)
• Discriminatory abuse
• Institutional abuse
• Modern slavery

Arrangements and procedures
2.1 Awareness
Spike Island’s employees and Trustees are not responsible for diagnosing abuse. We do have a responsibility to be aware and alert to signs that all is not well. Not all concerns about vulnerable adults relate to abuse, and there may well be other explanations. It is important to keep an open mind and consider what is known about the adult and their circumstances.

2.2 What to do
When abuse is disclosed or observed, the following action will be taken:
• You must call the police on 999 if you are currently witnessing a vulnerable adult being harmed or in a
situation of immediate risk
• For any abuse is disclosed or observed which is not a situation of immediate risk:
• Whoever has disclosed the information will be informed that the information cannot be kept confidential and will have to be passed on to appropriate staff/agencies/authorities.
• Spike Island’s Director will be told immediately of suspected abuse of a vulnerable adult
• The Director will ensure that an accurate and contemporary record will be made and kept for future reference including any communications with members of staff, external agencies and the authorities.
• The Director, or a senior member of staff instructed by the Director, will immediately report the disclosure or observation according to this procedure:
o If there is any doubt of whether a crime is being, or has been, committed (including for example physical abuse), the police will be contacted by calling 101 or 999 according to the level of urgency.
o Additionally, all reports of abuse that are disclosed or observed should be reported to Care Direct (Bristol City Council Health and Social Care) by calling 0117 922 2700

2.3 Support to employees
As a result of reporting concerns, the person who disclosed information will be upset or angry.
Spike Island, through the Director, will organise appropriate support for employees. Spike Island will also discuss with the Police whether further information or involvement of employees is needed, and if so, how this will happen.
Employees may also be subject to allegations of abusing vulnerable adults. While support will be offered, Spike Island will ensure that the Police are given all assistance in pursuing any investigation. Suspension and/or the disciplinary procedure may be implemented.

2.4 Confidentiality
Confidentiality is crucial to all our relationships – but the welfare of the vulnerable adult is paramount. Confidentiality may not be maintained if the withholding of the information will prejudice the welfare of the adult.

3. Disclosure and Barring Service (DBS)

3.1 Introduction
Spike Island has taken the decision that a Disclosure and Barring Service (DBS) Basic Disclosure will be requested for Spike Island employees working directly with young children and vulnerable adults. This will be held and under continual review.
This Policy explains the purpose and outcome of requesting DBS Disclosure and the procedure for recruitment and appointment of ex-offenders. It covers:
• What candidates for paid or unpaid employment must disclose;
• How disclosed information will be considered and how it will affect employment;
• Who will consider this information; and
• How disclosed information will be handled and destroyed.

The purpose of Disclosure is to facilitate safe recruitment and appointment decisions. It helps to prevent unsuitable people having access to jobs and positions that provide opportunity to harm children and vulnerable adults. It will provide information to help recruiters make more informed decisions about the suitability of those seeking work in positions of trust.
In respect of employees, Spike Island will abide by the Rehabilitation of Offenders Act (ROA) 1974 which was introduced to ensure that ex-offenders who have not re-offended for a period of time since the date of their conviction are not discriminated against when applying for jobs.
The Act allows that ex-offenders are no longer legally required to disclose to organisations convictions that have become ‘spent’. However, in order to protect vulnerable people, a number of posts and professions are exempted from the Act, including work where employees are in positions of trust. In such cases, organisations are legally entitled to ask applicants for details of all convictions, whether unspent or spent.

3.2 Responsibilities
Spike Island will make every effort to prevent discrimination and other unfair treatment against any of its employees, potential employees and users of its services, on account of their offending background, provided that their offending background does not create a risk to others.
Spike Island will ensure that any criminal record information given by an individual is kept confidential and is held according to the requirements of the Data Protection Act and the DBS Code of Practice.

3.3 Recruitment and appointment
• All recruitment and appointment of employees will follow Spike Island’s Equity and Diversity Policy.
• Having a criminal record will not necessarily bar a prospective employee from working with Spike Island. Whether or not to appoint will depend on the nature of the position and the circumstances and background of offence.
• Anyone applying for a Spike Island post will be required to disclose the detail of all convictions on record on their application form (including ‘spent’ convictions – i.e. those that happened some time ago and normally no longer needing to be revealed as specified in the Rehabilitation of Offenders Act 1974). This information is requested at the initial application stage.
• Applicants will also be required, at the time the application is made, to authorise Spike Island to apply for disclosure of information from the DBS. This authorisation must be given. No check will be made, however, until an appointment is offered. Employee and volunteer applicants with criminal records will be shortlisted and interviewed according to their merits.
• Spike Island will ensure that all those within the organisation who are involved in the recruitment process are trained to identify and assess the relevance and circumstances of offences. Spike Island will also ensure that they have received appropriate guidance and training in the relevant legislation relating to the employment of ex-offenders.
• Spike Island will ensure that an open and measured discussion takes place on the subject of any offences or other matter revealed by the applicant and/or through a DBS Disclosure that might be relevant to the position.
• Failure to reveal information that is directly relevant to the position sought could lead to withdrawal of a conditional offer of appointment or employment.

If an applicant and a DBS Disclosure reveals a criminal record, a decision whether to confirm appointment will be made by the Chair, Treasurer and Director of Spike Island. They will consider the following:
• Whether the convictions or other matters revealed are relevant to the position in question
• The seriousness of any offence revealed
• The length of time since the offence or other matters occurred
• Whether the applicant has a pattern of offending behaviour or other relevant matters
• The potential risk to the organisation, its employees, providers and users of its services, and the members of the public with whom the person to be appointed will come into contact.

If possible, Spike Island will advise an applicant why their application has been unsuccessful.

A failure to disclose convictions will be seen as a deliberate attempt to gain employment by deception, and as such would result in the withdrawal of any offer of employment or appointment.
Spike Island will make every applicant for a position that is subject to a Disclosure, aware of the existence of the DBS Code of Practice and make a copy available on request.