1. Overview

1.1 The Company takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.

1.2 This policy applies to current and former employees, workers, volunteers, apprentices, contractors and consultants; it does not apply to people falling outside of these categories. If you fall into one of these categories then you are a ‘data subject’ for the purposes of this policy. You should read this policy alongside your contract of employment (or contract for services) and any other notice we issue to you from time to time in relation to your data.

1.3 The Company has separate policies and privacy notices in place in respect of customers, suppliers and other categories of data subject. A copy of these can be obtained from our Data Protection Officer.

1.4 The Company has measures in place to protect the security of your data in accordance with our Data Security Policy. A copy of this can be obtained from our Data Protection Officer.

1.5 The company will hold data in accordance with our Data Retention Policy. A copy of this can be obtained from our Data Protection Officer. We will only hold data for as long as necessary for the purposes for which we collected it.

1.6 The Company is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data.

1.7 This policy explains how the Company will hold and process your information. It explains your rights as a data subject. It also explains your obligations when obtaining, handling, processing or storing personal data in the course of working for, or on behalf of, the Company.

1.8 This policy does not form part of your contract of employment (or contract for services if relevant) and can be amended by the Company at any time. It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, the Company intends to comply with the 2018 Act and the GDPR.

2. Data Protection Principles

2.1 Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:

• • be processed fairly, lawfully and transparently;
  • be collected and processed only for specified, explicit and legitimate purposes;
  • be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
  • be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
  • not be kept for longer than is necessary for the purposes for which it is processed; and
  • be processed securely.

We are accountable for these principles and must be able to show that we are compliant.

3.0 How we define personal data

3.1 ‘Personal data’ means information which relates to a living person who can be identified from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.

3.2 This policy applies to all personal data whether it is stored electronically, on paper or on other materials.

3.3 This personal data might be provided to us by you, or someone else (such as a former employer, your doctor, or a credit reference agency), or it could be created by us. It could be provided or created during the recruitment process or during the course of the contract of employment (or services) or after its termination. It could be created by your manager or other colleagues.

3.4 We will collect and use the following types of personal data about you:

• • recruitment information such as your application form and CV, references, qualifications and membership of any professional bodies and details of any pre-employment assessments;
  • your contact details and date of birth;
  • the contact details for your emergency contacts;
  • your gender;
  • your marital status and family details;
  • information about your contract of employment (or services) including start and end dates of employment, role and location, working hours, details of promotion, salary (including details of previous remuneration), pension, benefits and holiday entitlement;
  • your bank details and information in relation to your tax status including your national insurance number;
  • your identification documents including passport and driving licence and information in relation to your immigration status and right to work for us;
  • information relating to disciplinary or grievance investigations and proceedings involving you (whether or not you were the main subject of those proceedings);
  • information relating to your performance and behaviour at work;
  • training records;
  • electronic information in relation to your use of IT systems/swipe cards/telephone systems;
  • your images (whether captured on CCTV, by photograph or video);
  • any other category of personal data which we may notify you of from time to time.

4.0 How we define special categories of personal data

4.1 ‘Special categories of personal data’ are types of personal data consisting of information as to:

• • your racial or ethnic origin;
  • your political opinions;
  • your religious or philosophical beliefs;
  • your trade union membership;
  • your genetic or biometric data;
  • your health;
  • your sex life and sexual orientation; and
  • any criminal convictions and offences.

We may hold and use any of these special categories of your personal data in accordance with the law.

5.0 How we define processing

5.1 ‘Processing’ means any operation which is performed on personal data such as:

• • collection, recording, organisation, structuring or storage;
  • adaption or alteration;
  • retrieval, consultation or use;
  • disclosure by transmission, dissemination or otherwise making available;
  • alignment or combination; and
  • restriction, destruction or erasure.

This includes processing personal data which forms part of a filing system and any automated processing.

6.0 How will we process your personal data?

6.1 The Company will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.

6.2 We will use your personal data for:

• • performing the contract of employment (or services) between us;
  • complying with any legal obligation; or
  • if it is necessary for our legitimate interests (or for the legitimate interests of someone else). However, we can only do this if your interests and rights do not override ours (or theirs). You have the right to challenge our legitimate interests and request that we stop this processing. See details of your rights in section 12 below.

We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the legal basis that we intend to rely on for processing it.

If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank account details, we may not be able to pay you. It might also stop us from complying with certain legal obligations and duties which we have such as to pay the right amount of tax to HMRC or to make reasonable adjustments in relation to any disability you may suffer from.

7.0 Examples of when we might process your personal data

7.1 We have to process your personal data in various situations during your recruitment, employment (or engagement) and even following termination of your employment (or engagement).

7.2 For example (and see section 7.6 below for the meaning of the asterisks):

• • to decide whether to employ (or engage) you;
  • to decide how much to pay you, and the other terms of your contract with us;
  • to check you have the legal right to work for us;
  • to carry out the contract between us including where relevant, its termination;
  • training you and reviewing your performance*;
  • to decide whether to promote you;
  • to decide whether and how to manage your performance, absence or conduct*;
  • to carry out a disciplinary or grievance investigation or procedure in relation to you or someone else;
  • to determine whether we need to make reasonable adjustments to your workplace or role because of your disability*;
  • to monitor diversity and equal opportunities*;
  • to monitor and protect the security (including network security) of the Company, of you, our colleagues, customers and others;
  • to monitor and protect the health and safety of you, our colleagues, customers and third parties*;
  • to pay you and provide pension and other benefits in accordance with the contract between us*;
  • paying tax and national insurance;
  • to provide a reference upon request from another employer;
  • to pay trade union subscriptions*;
  • monitoring compliance by you, us and others with our policies and our contractual obligations*
  • to comply with employment law, immigration law, health and safety law, tax law and other laws which affect us*;
  • to answer questions from insurers in respect of any insurance policies which relate to you*;
  • running our business and planning for the future;
  • the prevention and detection of fraud or other criminal offences;
  • to defend the Company in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure*;
  • for any other reason which we may notify you of from time to time.

7.3 We will only process special categories of your personal data (see above) in certain situations in accordance with the law. For example, we can do so if we have your explicit consent. If we asked for your consent to process a special category of personal data then we would explain the reasons for our request. You do not need to consent and can withdraw consent later if you choose by contacting our Data Protection Officer.

7.4 We do not need your consent to process special categories of your personal data when we are processing it for the following purposes, which we may do:

• • • where it is necessary for carrying out rights and obligations under employment law;
    • where it is necessary to protect your vital interests or those of another person where you/they are physically or legally incapable of giving consent;
    • where you have made the data public;
    • where processing is necessary for the establishment, exercise or defence of legal claims; and
    • where processing is necessary for the purposes of occupational medicine or for the assessment of your working capacity.

7.5 We might process special categories of your personal data for the purposes in paragraph 7.2 above which have an asterisk beside them. In particular, we will use information in relation to:

• • • your race, ethnic origin, religion, sexual orientation or gender to monitor equal opportunities;
    • your sickness absence, health and medical conditions to monitor your absence, assess your fitness for work, to pay you benefits, to comply with our legal obligations under employment law including to make reasonable adjustments and to look after your health and safety; and
    • your trade union membership to pay any subscriptions and to comply with our legal obligations in respect of trade union members.
    • for any other reason which we may notify you of from time to time.

7.6 We will not take automated decisions about you using your personal data or use profiling in relation to you unless you are specifically informed that we intend to do so.

8.0 Sharing your personal data

8.1 Sometimes we might share your personal data with group companies or our contractors and agents to carry out our obligations under our contract with you or for our legitimate interests.

8.2 We require those companies to keep your personal data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.

8.3 Examples of legitimate activities would include advice relating to and the administration of, Payroll, Pensions, Human Recourses, Benefits offered to employees

8.4 We do not send your personal data outside the European Economic Area. If this changes you will be notified of this and the protections which are in place to protect the security of your data will be explained.

9.0 How should you process personal data for the Company?

9.1 Everyone who works for, or on behalf of, the Company has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy and the Company’s Data Security and Data Retention policies.

9.2 The Company’s Data Protection Officer/Data Protection Manager is responsible for reviewing this policy and updating the Board of Directors on the Company’s data protection responsibilities and any risks in relation to the processing of data. You should direct any questions in relation to this policy or data protection to this person.

9.3 You should only access personal data covered by this policy if you need it for the work you do for, or on behalf of the Company and only if you are authorised to do so. You should only use the data for the specified lawful purpose for which it was obtained.

9.4 You should not share personal data informally.

9.5 You should keep personal data secure and not share it with unauthorised people.

9.6 You should regularly review and update personal data which you have to deal with for work. This includes telling us if your own contact details change.

9.7 You should not make unnecessary copies of personal data and should keep and dispose of any copies securely.

9.8 You should use strong passwords.

9.9 You should lock your computer screens when not at your desk.

9.10 Personal data should be encrypted before being transferred electronically to authorised external contacts. If you need advice on how to do this, speak to your line manager.

9.11 Consider anonymising data or using separate keys/codes so that the data subject cannot be identified.

Do not save personal data to your own personal computers or other devices.

9.12 Personal data should never be transferred outside the European Economic Area except in compliance with the law and authorisation of the Data Protection Officer.

9.13 You should lock drawers and filing cabinets. Do not leave paper with personal data lying about.

9.14 You should not take personal data away from Company’s premises without authorisation from your line manager or Data Protection Officer.

9.15 Personal data should be shredded and disposed of securely when you have finished with it.

9.16 You should ask for help from our Data Protection Officer/Data Protection Manager if you are unsure about data protection or if you notice any areas of data protection or security we can improve upon.

9.17 Any deliberate or negligent breach of this policy by you may result in disciplinary action being taken against you in accordance with our disciplinary procedure.

9.18 t is a criminal offence to conceal or destroy personal data which is part of a subject access request (see below). This conduct would also amount to gross misconduct under our disciplinary procedure, which could result in your dismissal.

10.0 How to deal with data breaches

10.1 We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals, then we must also notify the Information Commissioner’s Office within 72 hours.

10.2 If you are aware of a data breach, you must contact our Data Protection Officer immediately and keep any evidence you have in relation to the breach.

11.0 Subject access requests

11.1 Data subjects can make a ‘subject access request’ (‘SAR’) to find out the information we hold about them. This request must be made in writing. If you receive such a request, you should forward it immediately to the Data Protection Officer/Data Protection Manager who will coordinate a response.

11.2 If you would like to make a SAR in relation to your own personal data you should make this in writing to our Data Protection Officer. We must respond within one month unless the request is complex or numerous in which case the period in which we must respond can be extended by a further two months.

11.3 There is no fee for making a SAR. However, if your request is manifestly unfounded or excessive, we may charge a reasonable administrative fee or refuse to respond to your request.

12.0 Your data subject rights

12.1 You have the right to information about what personal data we process, how and on what basis as set out in this policy.

12.2 You have the right to access your own personal data by way of a subject access request (see above).

12.3 You can correct any inaccuracies in your personal data. To do you should contact our Data Protection Officer.

12.4 You have the right to request that we erase your personal data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected. To do so you should contact our Data Protection Officer.

12.5 While you are requesting that your personal data is corrected or erased or are contesting the lawfulness of our processing, you can apply for its use to be restricted while the application is made. To do so you should contact our Data Protection Officer (This is the operations Manager).

12.6 You have the right to object to data processing where we are relying on a legitimate interest to do so and you think that your rights and interests outweigh our own and you wish us to stop.

12.7 You have the right to object if we process your personal data for the purposes of direct marketing.

12.8 You have the right to receive a copy of your personal data and to transfer your personal data to another data controller. We will not charge for this and will in most cases aim to do this within one month.

12.9 With some exceptions, you have the right not to be subjected to automated decision-making.

12.10 You have the right to be notified of a data security breach concerning your personal data.

12.11 In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your personal data for a specific purpose, you have the right not to consent or to withdraw your consent later. To withdraw your consent, you should contact our Data Protection Officer.

12.12 You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (ico.org.uk). This website has further information on your rights and our obligations.

Introduction

Torbay Community Development Trust is committed to practice which protects children and adults at risk from harm. Volunteers and staff in this organisation (both referred to as staff in this policy) accept and recognise our responsibilities to develop awareness of the issues which cause children harm.

Trustees and managers are asked to ensure that all staff in their organisation read at least part one of the guidance.

1. Safeguarding children: code of conduct

We will endeavour to safeguard children by:

• adopting child protection guidelines through procedures and a code of conduct for staff and volunteers
• sharing information about child protection and good practice with children, parents and carers, staff and volunteers
• sharing information about concerns with agencies who need to know, and involving parents and children appropriately
• carefully following the procedures for recruitment and selection of staff and volunteers
• providing effective management for staff and volunteers through supervision, support and training

We are also committed to reviewing our policy and good practice at regular intervals.

 

South West Safeguarding and Child Protection Procedures have been developed to support agencies within the South West to enable them to provide effective safeguarding. Torbay Community Development Trust is committed to using the ‘South West Safeguarding and Child Protection Procedures’ to underpin our work.

 

For their full policies and procedures please visit https://www.proceduresonline.com/swcpp/

 

Staff must:

• treat all children and young people with respect
• provide an example of good conduct you wish others to follow
• ensure that whenever possible there is more than one adult present during activities with children and young people, or at least that you are within sight or hearing of others
• respect a young person’s right to personal privacy/encourage young people and adults to feel comfortable and caring enough to point out attitudes or behaviour they do not like
• remember that someone else might misinterpret your actions, no matter how well intentioned
• be aware that even physical contact with a child or young person may be misinterpreted
• recognise that special caution is required when you are discussing sensitive issues with children or young people
• challenge unacceptable behaviour and report all allegations /suspicions of abuse

Remember:

• Reflection is good practise and key to keeping children and young people safe in the space in which you are working.
• Staff are required to hold regular review sessions and to record any concerns and act accordingly.
• If you have a concern around a child’s wellbeing, please record it on an incident or accident form and notify your line-manager.

Staff must not:

• have inappropriate physical or verbal contact with children or young people
• allow themselves to be drawn into inappropriate attention-seeking behaviour/make suggestive or derogatory remarks or gestures in front of children or young people
• jump to conclusions about others without checking facts
• either exaggerate or trivialise child abuse issues
• show favouritism to any individual
• rely on their good name or that of Torbay Community Development Trust to protect them
• believe ‘it could never happen to me’
• take a chance when common sense, policy or practice suggests another more prudent approach

If a child or young person makes a disclosure to you or you observe any evidence of harm you should:

• stay calm
• listen carefully to what is said
• find an appropriate early opportunity to explain that it is likely that the information will need to be shared with others – do not promise to keep secrets
• allow the child to continue at her/his own pace
• ask questions for clarification only, and at all times avoid asking questions that suggest a particular answer
• reassure the child that they have done the right thing in telling you
• tell them what you will do next and with whom the information will be shared
• record in writing what was said using the child’s own words as soon as possible – note date, time, any names mentioned, to whom the information was given and ensure that the record is signed and dated.

 

2. Safeguarding adults: code of conduct

Torbay Community Development Trust works in and with the community on a range of projects. Our aim is to challenge discrimination in all areas of our organisation. As such our work may involve those “who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation”

• In order to support the vulnerable adults who, work, volunteer and engage with Torbay Community Development Trust’s work we want to support their wellbeing as part of our safeguarding policies and procedures.
• Reflective practice, supervision, group and individual support are key elements of Torbay Community Development’s work practice and we will use these and our safeguarding referral process to support vulnerable people appropriately.
• No Secrets Guidance (Government Guidance) on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse will be used to reference and support our practice.

3. Managing allegations against staff and volunteers

In the case of Torbay Community Development Trust receiving an allegation that a volunteer or member of staff who works with children or adult at risk has:

• behaved in a way that has harmed a child/adult, or may have harmed a child / adult;
• possibly committed a criminal offence against or related to a child / adult; or
• behaved towards a child / adult or children / adults in a way that indicates they may pose a risk of harm to children / adults

 

Steps:

• In an emergency: If you feel someone is in immediate danger or there is an emergency situation, please call 999

For children:

• contact the Duty Local Authority Designated Officer (LADO) at Torbay Council  on 01803 208541 for advice.
• And follow the procedures here: http://torbaysafeguarding.org.uk/professionals/managing-allegations/
• Guidance on what to do when reporting an allegation that has been made against your staff or volunteers can be found here
• Allegations against people who work with children
• Guidance on what to do when reporting an allegation that has been made against your staff or volunteers.
• For further details on the process for reporting allegations please view the South West Child Protection Procedures https://www.proceduresonline.com/swcpp/

The three safeguarding partners who work together to safeguard and promote the welfare of local children are:

• The local authority
• A clinical commissioning group for an area within the local authority
• The chief officer of police for a police area in the local authority area

 

For Adults:

• Report your concern – Torbay Local Authority boundaries. If you are reporting concerns because you suspect that a vulnerable adult is being abused, or you are being abused yourself and live within Torbay Local Authority boundaries please contact us by:
  • calling the Torbay Safeguarding Adults Single Point of Contact Team on 01803 219700(Monday to Friday, 9.00 am to 5.00 pm)
  • calling the Emergency Duty Service on 0300 4564 876(outside of the above hours, weekends and bank holidays) or emailing [email protected]
• If you are reporting a concern in a professional capacity, please complete the safeguarding adult concern referral form(downloadable Word file) and return it to [email protected]. Alternatively, you can email [email protected] or call 01803 219888 (professionals only).
• Complete a form in all cases where an allegation of abuse is made against a paid employee or volunteer working with children, young people or adults at risk on behalf of your organisation/service.
• NHS also provide advice: https://www.torbayandsouthdevon.nhs.uk/services/safeguarding-adults/

 

REMEMBER:

It is important that everyone in the organisation is aware that the person who first encounters a case of alleged or suspected abuse is not responsible for deciding whether or not abuse has occurred. That is a task for the professional protection agencies following a referral to them.

 

4. A designated person

Torbay Community Development Trust has agreed to have a designated people to be responsible for dealing with allegations or suspicions of abuse.

 

Their role is to:

• receive information from staff, volunteers, children or parents, adults at risk and carers who have concerns and record it
• assess the information promptly and carefully, clarifying or obtaining more information about the matter as appropriate
• consult initially with a statutory agency such as the local social services department or health board, or the NSPCC, to test out any doubts or uncertainty about the concerns as soon as possible
• make a formal referral to a statutory agency or the police without delay

 

They will be aware of the local statutory Safeguarding network, the role of the Local Safeguarding Board and the existence of local child and adult protection procedures.

 

They will  be aware of the relevant contact numbers and addresses of the statutory agencies in Torbay.  If concerns arise, for example when away on a camping trip, contact should be made with local agencies whose details will be in the phone directory.  Social services departments have an out-of-hours duty team who can be contacted at any time.

 

Torbay Community Development Trust will ensure that the designated person receives appropriate training.

 

Torbay Community Development Trust’s designated Safeguarding Officers are:

 

Tracey Cabache, TCDT Operations Director:                     Tel: 07786872681

John Arcus, TCDT Operations Manager (Adults):    Tel: 07548704877

Kelly Givens, SENDIASS Torbay Manager (Children’s):     Tel: 07930710217

 

 

 

The role of the Designated Safeguarding Leads:

• Holds ultimate responsibility for safeguarding and child protection for Torbay Community Development trust
• Acts as a source of support and expertise in carrying out safeguarding duties for the organisation
• Encourages a culture of listening to children / adults at risk and taking account of their wishes and feelings
• Is appropriately trained with updates every two years and will refresh their knowledge and skills at regular intervals but at least annually

 

5. Who to contact if you have concerns

Your line-manager or a Designated Safeguarding Officer as above

Where necessary, the Designated Safeguarding Officer will make a referral to the relevant agencies.

• Children’s Services – 01803 206281, Out of hours service – 01803 524519
• Adult Social Care – 01803 219700
• Police – 08452 777444 or 101
• NSPCC Helpline – 0808 800 5000
• Childline – 0800 1111

 

6. Prevent Duty

As part of Torbay Community Development Trust’s Safeguarding and Child Protection policy and procedures all practitioners, staff and volunteers must be aware of the Prevent Duty knowing how to recognise signs and symptoms of an individual or group potential for radicalisation and should know the procedure for reporting concerns to the designated Safeguarding Officer in the organisation and to know how to contact relevant agencies.

Torbay Community Development Trust recognises and understands that both individual children and young people and groups do ‘play out’ reality and current topical subjects. It is therefore even more important that we can recognise the difference between ‘playing out’ and potential harm to an individual or group.

 

Recognising signs and symptoms

A sudden but continuing change in –

• Physical appearance and dress code
• Physical and behavioural attitudes towards others
• Use of inappropriate, discriminatory and offensive language
• Sharing inappropriate images with others
• Becoming withdrawn and secretive
• Missing sessions without explanation
• Talking about what others have said to them in a troubled way
• Encouraging others to use offensive or discriminatory language

 

 

 

For information – the following values are those that underpin the Prevent Duty 

British values – democracy, rule of law, individual liberty, mutual respect and tolerance for those with different faiths and beliefs.

The following links offer useful information on the Prevent Duty and associated agencies that are responsible for supporting those who are considered at risk Please familiarise yourself with this information so you are prepared should the need arise to report a concern or an incident.

• Information on the Prevent Duty can be found at –

www.gov.uk/government/uploads/system/uploads/attachment_data/file/439598/prevent-duty-departmental-advice-v6.pdf

• Channel – Advice, guidance, and practical support information can be found at-

https://www.devon-cornwall.police.uk/prevention-and-advice/major-terrorist-incidents/terrorism-extremism/preventing-terrorism-and-extremism/

• Information and contact details for the Devon MASH team if you have concerns about a Child Protection issue can be found at –

https://new.devon.gov.uk/educationandfamilies/child-protection/making-a-mash-enquiry

• Information and contact details for Devon channel board can be found at-

http://www.proceduresonline.com/swcpp/devon/p_sg_ch_extremism.html

 

7. Criminal exploitation: County lines

Criminal exploitation of children / adults at risk is a geographically widespread form of harm that is a typical feature of county lines criminal activity: drug networks or gangs groom and exploit children, young people and vulnerable adults to carry drugs and money from urban areas to suburban and rural areas, market and seaside towns. Key to identifying potential involvement in county lines are missing episodes, when the victim may have been trafficked for the purpose of transporting drugs, a referral to the National Referral Mechanism should be considered. Like other forms of abuse and exploitation, county lines exploitation:

• can affect any child or young person (male or female) under the age of 18 years;
• can affect any vulnerable adult over the age of 18 years;
• can still be exploitation even if the activity appears consensual;
• can involve force and/or enticement-based methods of compliance and is often accompanied by violence or threats of violence;
• can be perpetrated by individuals or groups, males or females, and young people or adults; and is typified by some form of power imbalance in favour of those perpetrating the exploitation. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, cognitive ability, physical strength, status, and access to economic or other resources.

https://www.ecpat.org.uk/the-national-referral-mechanism

 

8. Transporting children and adults at risk safely

All Torbay Community Development staff transporting children or adults at risk on 1:1 enabling / befriending sessions must:

1. a) have fully comprehensive insurance for the vehicle
2. b) adhere to all rules and requirements under the Highway Code (eg seatbelts, booster seats, traffic lights, speed limits etc)

There are additional expectations on those grant holders who work directly with Children and Adults at Risk.

 

9. Recruitment: We carry out safe and transparent recruitment processes including an appropriately detailed DBS/PVG check for staff who come into contact with Children and Adults at Risk and) up-to-date, proportionate safeguarding training for people in your organisation.

 

10. Risk assessments: Conducting safeguarding risk assessments and provide guidance for your organisation, locations, projects and processes to enable a safe, inclusive environment for all Children and Adults at Risk we support. This could include guidance on taking Children and Adults at Risk away on trips, consents required, the ratio of adults to Children and Adults at Risk, transport safety and emergency procedures and guidance on Children and Adults at Risk who require medication and consideration of the Prevent Duty.

 

 

Introduction

Torbay Community Development Trust is committed to practice which protects children and adults at risk from harm. Volunteers and staff in this organisation (both referred to as staff in this policy) accept and recognise our responsibilities to develop awareness of the issues which cause children harm.

Trustees and managers are asked to ensure that all staff in their organisation read at least part one of the guidance.

1. Safeguarding children: code of conduct

We will endeavour to safeguard children by:

• adopting child protection guidelines through procedures and a code of conduct for staff and volunteers
• sharing information about child protection and good practice with children, parents and carers, staff and volunteers
• sharing information about concerns with agencies who need to know, and involving parents and children appropriately
• carefully following the procedures for recruitment and selection of staff and volunteers
• providing effective management for staff and volunteers through supervision, support and training

We are also committed to reviewing our policy and good practice at regular intervals.

 

South West Safeguarding and Child Protection Procedures have been developed to support agencies within the South West to enable them to provide effective safeguarding. Torbay Community Development Trust is committed to using the ‘South West Safeguarding and Child Protection Procedures’ to underpin our work.

 

For their full policies and procedures please visit https://www.proceduresonline.com/swcpp/

 

Staff must:

• treat all children and young people with respect
• provide an example of good conduct you wish others to follow
• ensure that whenever possible there is more than one adult present during activities with children and young people, or at least that you are within sight or hearing of others
• respect a young person’s right to personal privacy/encourage young people and adults to feel comfortable and caring enough to point out attitudes or behaviour they do not like
• remember that someone else might misinterpret your actions, no matter how well intentioned
• be aware that even physical contact with a child or young person may be misinterpreted
• recognise that special caution is required when you are discussing sensitive issues with children or young people
• challenge unacceptable behaviour and report all allegations /suspicions of abuse

Remember:

• Reflection is good practise and key to keeping children and young people safe in the space in which you are working.
• Staff are required to hold regular review sessions and to record any concerns and act accordingly.
• If you have a concern around a child’s wellbeing, please record it on an incident or accident form and notify your line-manager.

Staff must not:

• have inappropriate physical or verbal contact with children or young people
• allow themselves to be drawn into inappropriate attention-seeking behaviour/make suggestive or derogatory remarks or gestures in front of children or young people
• jump to conclusions about others without checking facts
• either exaggerate or trivialise child abuse issues
• show favouritism to any individual
• rely on their good name or that of Torbay Community Development Trust to protect them
• believe ‘it could never happen to me’
• take a chance when common sense, policy or practice suggests another more prudent approach

If a child or young person makes a disclosure to you or you observe any evidence of harm you should:

• stay calm
• listen carefully to what is said
• find an appropriate early opportunity to explain that it is likely that the information will need to be shared with others – do not promise to keep secrets
• allow the child to continue at her/his own pace
• ask questions for clarification only, and at all times avoid asking questions that suggest a particular answer
• reassure the child that they have done the right thing in telling you
• tell them what you will do next and with whom the information will be shared
• record in writing what was said using the child’s own words as soon as possible – note date, time, any names mentioned, to whom the information was given and ensure that the record is signed and dated.

 

2. Safeguarding adults: code of conduct

Torbay Community Development Trust works in and with the community on a range of projects. Our aim is to challenge discrimination in all areas of our organisation. As such our work may involve those “who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation”

• In order to support the vulnerable adults who, work, volunteer and engage with Torbay Community Development Trust’s work we want to support their wellbeing as part of our safeguarding policies and procedures.
• Reflective practice, supervision, group and individual support are key elements of Torbay Community Development’s work practice and we will use these and our safeguarding referral process to support vulnerable people appropriately.
• No Secrets Guidance (Government Guidance) on developing and implementing multi-agency policies and procedures to protect vulnerable adults from abuse will be used to reference and support our practice.

3. Managing allegations against staff and volunteers

In the case of Torbay Community Development Trust receiving an allegation that a volunteer or member of staff who works with children or adult at risk has:

• behaved in a way that has harmed a child/adult, or may have harmed a child / adult;
• possibly committed a criminal offence against or related to a child / adult; or
• behaved towards a child / adult or children / adults in a way that indicates they may pose a risk of harm to children / adults

 

Steps:

• In an emergency: If you feel someone is in immediate danger or there is an emergency situation, please call 999

For children:

• contact the Duty Local Authority Designated Officer (LADO) at Torbay Council  on 01803 208541 for advice.
• And follow the procedures here: http://torbaysafeguarding.org.uk/professionals/managing-allegations/
• Guidance on what to do when reporting an allegation that has been made against your staff or volunteers can be found here
• Allegations against people who work with children
• Guidance on what to do when reporting an allegation that has been made against your staff or volunteers.
• For further details on the process for reporting allegations please view the South West Child Protection Procedures https://www.proceduresonline.com/swcpp/

The three safeguarding partners who work together to safeguard and promote the welfare of local children are:

• The local authority
• A clinical commissioning group for an area within the local authority
• The chief officer of police for a police area in the local authority area

 

For Adults:

• Report your concern – Torbay Local Authority boundaries. If you are reporting concerns because you suspect that a vulnerable adult is being abused, or you are being abused yourself and live within Torbay Local Authority boundaries please contact us by:
  • calling the Torbay Safeguarding Adults Single Point of Contact Team on 01803 219700(Monday to Friday, 9.00 am to 5.00 pm)
  • calling the Emergency Duty Service on 0300 4564 876(outside of the above hours, weekends and bank holidays) or emailing [email protected]
• If you are reporting a concern in a professional capacity, please complete the safeguarding adult concern referral form(downloadable Word file) and return it to [email protected]. Alternatively, you can email [email protected] or call 01803 219888 (professionals only).
• Complete a form in all cases where an allegation of abuse is made against a paid employee or volunteer working with children, young people or adults at risk on behalf of your organisation/service.
• NHS also provide advice: https://www.torbayandsouthdevon.nhs.uk/services/safeguarding-adults/

 

REMEMBER:

It is important that everyone in the organisation is aware that the person who first encounters a case of alleged or suspected abuse is not responsible for deciding whether or not abuse has occurred. That is a task for the professional protection agencies following a referral to them.

 

4. A designated person

Torbay Community Development Trust has agreed to have a designated people to be responsible for dealing with allegations or suspicions of abuse.

 

Their role is to:

• receive information from staff, volunteers, children or parents, adults at risk and carers who have concerns and record it
• assess the information promptly and carefully, clarifying or obtaining more information about the matter as appropriate
• consult initially with a statutory agency such as the local social services department or health board, or the NSPCC, to test out any doubts or uncertainty about the concerns as soon as possible
• make a formal referral to a statutory agency or the police without delay

 

They will be aware of the local statutory Safeguarding network, the role of the Local Safeguarding Board and the existence of local child and adult protection procedures.

 

They will  be aware of the relevant contact numbers and addresses of the statutory agencies in Torbay.  If concerns arise, for example when away on a camping trip, contact should be made with local agencies whose details will be in the phone directory.  Social services departments have an out-of-hours duty team who can be contacted at any time.

 

Torbay Community Development Trust will ensure that the designated person receives appropriate training.

 

Torbay Community Development Trust’s designated Safeguarding Officers are:

 

Tracey Cabache, TCDT Operations Director:                     Tel: 07786872681

John Arcus, TCDT Operations Manager (Adults):    Tel: 07548704877

Kelly Givens, SENDIASS Torbay Manager (Children’s):     Tel: 07930710217

 

 

 

The role of the Designated Safeguarding Leads:

• Holds ultimate responsibility for safeguarding and child protection for Torbay Community Development trust
• Acts as a source of support and expertise in carrying out safeguarding duties for the organisation
• Encourages a culture of listening to children / adults at risk and taking account of their wishes and feelings
• Is appropriately trained with updates every two years and will refresh their knowledge and skills at regular intervals but at least annually

 

5. Who to contact if you have concerns

Your line-manager or a Designated Safeguarding Officer as above

Where necessary, the Designated Safeguarding Officer will make a referral to the relevant agencies.

• Children’s Services – 01803 206281, Out of hours service – 01803 524519
• Adult Social Care – 01803 219700
• Police – 08452 777444 or 101
• NSPCC Helpline – 0808 800 5000
• Childline – 0800 1111

 

6. Prevent Duty

As part of Torbay Community Development Trust’s Safeguarding and Child Protection policy and procedures all practitioners, staff and volunteers must be aware of the Prevent Duty knowing how to recognise signs and symptoms of an individual or group potential for radicalisation and should know the procedure for reporting concerns to the designated Safeguarding Officer in the organisation and to know how to contact relevant agencies.

Torbay Community Development Trust recognises and understands that both individual children and young people and groups do ‘play out’ reality and current topical subjects. It is therefore even more important that we can recognise the difference between ‘playing out’ and potential harm to an individual or group.

 

Recognising signs and symptoms

A sudden but continuing change in –

• Physical appearance and dress code
• Physical and behavioural attitudes towards others
• Use of inappropriate, discriminatory and offensive language
• Sharing inappropriate images with others
• Becoming withdrawn and secretive
• Missing sessions without explanation
• Talking about what others have said to them in a troubled way
• Encouraging others to use offensive or discriminatory language

 

 

 

For information – the following values are those that underpin the Prevent Duty 

British values – democracy, rule of law, individual liberty, mutual respect and tolerance for those with different faiths and beliefs.

The following links offer useful information on the Prevent Duty and associated agencies that are responsible for supporting those who are considered at risk Please familiarise yourself with this information so you are prepared should the need arise to report a concern or an incident.

• Information on the Prevent Duty can be found at –

www.gov.uk/government/uploads/system/uploads/attachment_data/file/439598/prevent-duty-departmental-advice-v6.pdf

• Channel – Advice, guidance, and practical support information can be found at-

https://www.devon-cornwall.police.uk/prevention-and-advice/major-terrorist-incidents/terrorism-extremism/preventing-terrorism-and-extremism/

• Information and contact details for the Devon MASH team if you have concerns about a Child Protection issue can be found at –

https://new.devon.gov.uk/educationandfamilies/child-protection/making-a-mash-enquiry

• Information and contact details for Devon channel board can be found at-

http://www.proceduresonline.com/swcpp/devon/p_sg_ch_extremism.html

 

7. Criminal exploitation: County lines

Criminal exploitation of children / adults at risk is a geographically widespread form of harm that is a typical feature of county lines criminal activity: drug networks or gangs groom and exploit children, young people and vulnerable adults to carry drugs and money from urban areas to suburban and rural areas, market and seaside towns. Key to identifying potential involvement in county lines are missing episodes, when the victim may have been trafficked for the purpose of transporting drugs, a referral to the National Referral Mechanism should be considered. Like other forms of abuse and exploitation, county lines exploitation:

• can affect any child or young person (male or female) under the age of 18 years;
• can affect any vulnerable adult over the age of 18 years;
• can still be exploitation even if the activity appears consensual;
• can involve force and/or enticement-based methods of compliance and is often accompanied by violence or threats of violence;
• can be perpetrated by individuals or groups, males or females, and young people or adults; and is typified by some form of power imbalance in favour of those perpetrating the exploitation. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, cognitive ability, physical strength, status, and access to economic or other resources.

https://www.ecpat.org.uk/the-national-referral-mechanism

 

8. Transporting children and adults at risk safely

All Torbay Community Development staff transporting children or adults at risk on 1:1 enabling / befriending sessions must:

1. a) have fully comprehensive insurance for the vehicle
2. b) adhere to all rules and requirements under the Highway Code (eg seatbelts, booster seats, traffic lights, speed limits etc)

There are additional expectations on those grant holders who work directly with Children and Adults at Risk.

 

9. Recruitment: We carry out safe and transparent recruitment processes including an appropriately detailed DBS/PVG check for staff who come into contact with Children and Adults at Risk and) up-to-date, proportionate safeguarding training for people in your organisation.

 

10. Risk assessments: Conducting safeguarding risk assessments and provide guidance for your organisation, locations, projects and processes to enable a safe, inclusive environment for all Children and Adults at Risk we support. This could include guidance on taking Children and Adults at Risk away on trips, consents required, the ratio of adults to Children and Adults at Risk, transport safety and emergency procedures and guidance on Children and Adults at Risk who require medication and consideration of the Prevent Duty.

 

 

Definition

Corporate and Social Responsibility is defined as the integration of business operations and values, whereby the interests of all stakeholders including investors, customers, employees, the community and the environment are reflected in The Company’s policies and actions.

 

Commitment

As a responsible business we are committed to:

• Continuously reviewing and improving our Corporate and Social Responsibility (CSR) strategy;
• Striving to work with business partners who share our CSR aims;
• Acting in a socially responsible way;
• Continually improve our performance and comply with all relevant legislation;
• Encouraging our staff to be mindful of the effect of their actions on any natural resource.

 

Aims

In implementing this policy, we aim to:

• Be responsible;
• Be an exemplar of good practice

 

Standards of business conduct

• We recognise that good CSR embraces all aspects of our business and that of our clients;
• We will work to ensure that our CSR policy is used to best effect to guide the decision-making process
• We shall operate in a way that safeguards against unfair business practices;
• We believe that a responsible approach to developing relationships between companies and the communities they serve, global or local, is a vital part of delivering business success;
• Our contracts will clearly set out the agreed terms, conditions and the basis for our relationship;

 

Corporate Governance

• We will share and declare information on personal and corporate conflicts of interest and seek guidance from higher authority before acting;
• We are committed to ensuring that our business is conducted in all respects according to rigorous ethical, professional and legal standards;
• All the laws that regulate and apply will be complied with;
• We endeavour to ensure that stakeholders have confidence in the decision-making and management processes by the conduct and professionalism of all staff.
• All groups and individuals with whom we have a business relationship will be treated in a fair, open and respectful manner;
• Competition will be reasonable and based upon the quality, value and integrity of the service being supplied;
• Feedback on performance will be actively sought, and we will continually review all activities to ensure best practice is observed at all times;
• We will allow our clients to give feedback on our performance and ensure that all comments are analysed, responded to and where appropriate, acted upon;
• An Action Plan will be developed to ensure continuous improvement is achieved

 

Environment

• Our objective is to endeavour to reduce our impact on the environment through a commitment to continual improvement;
• We will strive to work with businesses who share our goal of reducing their impact on the environment;

 

Human Rights

• We aim to support and respect the protection of internationally proclaimed human rights;

 

Equality and Diversity

• We aim to eliminate discrimination on any grounds and promote equality of opportunity within our business and in those businesses with whom we work;
• We will ensure that our clients and other stakeholders are able to work together in confidence and be treated with respect by each party;

 

Sustainability

• The policy will act as a prompt to staff to consider sustainability as a factor in all purchasing decisions;
• We seek to minimise the adverse environmental effects of people travelling to and from our offices.

 

Impact on Society

• We will encourage interaction with local communities and will encourage our employees who undertake activities to support their communities;

 

Ethics and Ethical Trading

• We will ensure clear visibility through our supply chains, so we know where all our products are made;
• Training will be provided to relevant people on environmental and social issues affecting our supply chains;
• We will ensure that sub-contractors uphold the workplace standards and behaviours consistent with our requirements

 

Biodiversity

• We actively encourage the use of sustainable practices in the maintenance of our premises.

 

Suppliers and Contactors

• We will encourage our suppliers and contractors to help us achieve our policy aspirations in the delivery of our products and services;
• We shall encourage vendors and contractors to adopt responsible business policies and practices for mutual benefit;
• Vendors and contractors are regarded as partners and we will work with them to help us achieve our policy aspirations in the delivery of our products and services;

 

 

 

Summary – Corporate and Social Responsibility Days for Staff

We will give back to the community through working on projects for four days per year. They will be a pre organised CSR events and staff will be invited to join – but there is no obligation.

• Staff are awarded 4 days a year, preferably 1 per quarter to participate as a volunteer at a community project. This can be a charity, a community group, a school or a care home/hospital. In fact, this can be anything that we agree on. Activities include painting, gardening, litter picking, planting/weeding, allotment prep, school garden set up, forest school support and care home sensory garden planting to name a few. Projects are decided on in advance and booked so you know when it is, and invitations will be extended to the staff to see if you wish to participate or not.
• CSR days are not “days off” and they can only be taken in line with the policy. CSR days will be overseen and monitored by the Wellbeing Group.
• Who decides the projects? You will be invited to nominate a project that needs our help and we will then vote on them. We will be looking for a variety of projects across the year. A nomination form will be posted on SharePoint for completion. Nominations will be discussed at the staff meeting once a month and voted upon.

Torbay Community Development Trust aims to provide its members, organisations and individuals with the best possible service.

However, we recognise that from time to time there may be occasions when users of our services feel that the quality or level of service provided fall short of what they could reasonably expect.

Your continued support and goodwill is greatly valued by us and therefore if you have a complaint to make, we would like you to tell us about it.

 

OBJECTIVES

The objectives of Torbay Community Development Trust Compliments and Complaints Policy are to:

 

• Ensure everyone know how to provide feedback and how a complaint will be handled
• Ensure that complaints are dealt with consistently, fairly and sensitively within clear time frames
• Provide individuals with a fair and effective way to complain about our work
• Ensure that compliments and complaints are monitored and used to improve our services.

 

Torbay Community Development Trust will ensure that we:

 

• Listen carefully to complaints and treat complaints as confidential, where possible
• Record, store and manage all complaints accurately and in accordance with the Data Protection Act
• Investigate the complaint fully, objectively and within the stated time frame
• Notify the complainant of the results of the investigation and any right of appeal
• Inform the complainant of any action that will be implemented in order to ensure that there is no re-occurrence
• Report, on a regular basis, the number of compliments and complaints received and the outcomes of investigations.

 

DEFINITIONS OF A COMPLAINT

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

An individual may make a complaint if they feel Torbay Community Development Trust has:

 

• Failed to provide a service or an acceptable standard of service
• Delayed in providing a service
• Made a mistake in the way it has provided a service
• Failed to act in a proper way
• Provided an unfair service

 

This policy and procedures relates only to complaints received about Torbay Community Development Trust and its service.  Individuals who make complaints about partner organisations will be notified in writing within 3 days of receipt of the complaint and that they need to complain to the organisation they have the complaint with; and will be provided with contact details, where possible.  The Trust offers a mediation service for member organisations and other VCSE sector groups.  This falls outside of this policy.

 

 

COMPLIMENTS

Any verbal or written compliments will be recorded with Torbay Community Development Trust.  Any member of staff identified as being the subject or contributing to any matter giving rise to the compliment will be notified within three working days.  Feedback on compliments will be shared with employees at appropriate timings.

 

COMPLAINTS

There are 3 stages to the complaints procedure:

• Stage One – Complaint
• Stage Two – Appeal
• Stage Three – Independent Review.

 

Stage One – Complaint

Torbay Community Development Trust aims to settle the majority of complaints quickly and satisfactorily by the member of staff or the relevant manager who provides the service.  The complaint may be resolved quickly by way of an apology, by providing the service required or by providing an acceptable explanation to the individual.

 

Individuals wishing to make a complaint should contact the person who provided the service, or their manager. Alternatively, they can contact Torbay Community Development Trust by emailing or writing directly.

 

If the individual prefers to make a verbal complaint then the person receiving the call will write down the complaint.  If the person prefers to provide a written complaint they will be asked to write to Torbay Community Development Trust as soon as possible.

 

Complaints will be acknowledged within one working day.  The complaints will be fully investigated and a written response provided to the complainant within 20 working days by the investigator.

 

Individuals will be advised that if they are not satisfied with the response to their complaint, they may appeal within 14 working days and progress to Stage Two.

 

Stage Two – Appeal

The Torbay Community Development Trust Chief Executive will investigate the matter independently and communicate the outcome and any action(s) to the complainant in writing within 20 working days.  This person may need to contact the complainant to clarify the issues, conduct the investigation and explore resolution.  The complainant will receive written confirmation of the outcome of any investigation and any recommendations/remedies made, such as, staff development and training, reviewing of policies or appropriate improvement to Torbay Community Development Trust services.  The outcome should not refer to any individual employee or groups of employees with Torbay Community Development Trust.

 

Occasionally, investigations may take longer, particularly if the complaint is complex.  Should this be the case a holding letter will be sent after 20 working days and a final date given for a conclusion being reached.

 

If an individual remains dissatisfied with the outcome from Stage Two they can request an Independent Review within 14 working days of the date of the outcome and progress to Stage Three.

 

Stage Three – Independent Review

The board of Torbay Community Development Trust will review the Stage Two investigation and recommend one of the following actions. Within 20 working days:

 

• Uphold the action taken by Torbay Community Development Trust at Stage two
• Changes to the Stage two recommendations/actions.

 

The Chief Executive for Torbay Community Development Trust is responsible for implementing the Compliments and Complaints Procedure.

 

DATA PROTECTION

To process a complaint, Torbay Community Development Trust will hold personal data about the complainant, which the individual provides and which other people give in response to investigating the complaint.  The data will be held securely and only be used to help address the complaint.  The identity of the person making the complaint will only be made known to those who need to consider the complaint and will not be revealed to other people or made public.  However, it may not be possible to preserve confidentiality in some circumstances, for example, where relevant legislation applies or allegations are made which involve the conduct of third parties.

Torbay Community Development Trust will normally destroy its compliments and complaints files in a secure manner six years after the compliment has been made or the complaint closed.

 

MONITORING

Compliments and complaints are an important tool which, alongside data provided by exit surveys, user feedback and focus groups, will allow Torbay Community Development Trust to learn about the services we provide.  They provide a useful source of information about how individuals see our services and how we are serving them.  To ensure that we can learn from compliments and complaints, the following data will be collected:

 

Compliments

• Name and address
• Nature of the compliment
• Date of the compliment
• Action(s) taken/recommendations made in response to the compliment, if appropriate.

 

Complaints:

• Name and address
• Name of person dealing with the complaint
• Date of complaint and response date
• Nature of complaint
• Action(s) taken/recommendations made in response to the complaint
• Lessons learnt.

 

Compliments and complaints information will be considered on a regular basis by Torbay Community Development Trust and wherever possible the data will be used to improve and develop the service.