Uttoxeter town band: gdpr guidance

Uttoxeter Town Brass Band follows the guidance issued by Brass Band England. We have adapted their guidance below. See section 2 for our procedures.

Section 1: GDPR information and guidance

The General Data Protection Regulation (GDPR) came in to force on 25th May 2018.  It is an EU law that sets out guidelines for the collection and processing of personal information and aims to give individuals more rights over how their data is used.

 

 

Personal Data

The GDPR extended the rights individuals have over their data.  For example, individuals now have the right to access, amend and object to the use of their personal data.

The definition of ‘personal data’ has been expanded to define anything that can be used to identify an individual; their name, postal address, bank details, ID/membership number, personal contact details or image (if you can identify someone on a photo/video this is now defined as their personal data). 

Be aware of all the data you hold on someone. 

Always think: Could someone identify a person from this data?

 

GDPR requires that personal data shall be:

processed lawfully, fairly and in a transparent manner in relation to individuals;

collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;

adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;

processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

 

(Guidance from the Information Commissioners Office, 2018)

 

 

 

Reason, Consent and Legitimate Interests

 

When dealing with people’s personal data, get into the habit of asking yourself about the following three things:

 

Reason - Under GDPR you should not be collecting data if there isn’t good reason to do so.  So unless you have legitimate reason for having and using data – don’t ask for it.

Consider the data you currently hold and decide if you need it.

 

Consent – Previously, consent could be implied by inaction or silence (a pre-ticked box or, ‘unless you tell us otherwise we will email you’).  Under GDPR consent will have to be proactive i.e. an individual will have to take definitive action to say ‘you can have and use my data’ (e.g. they tick the box rather then it being pre-ticked).  They should also have access to a clear and specific privacy statement that explains what the data they are providing will be used for.

Change how you ask for consent.

Historical opt-ins will need to be looked at.

You may have to develop a few different privacy statements.

 

Legitimate Interests – Some situations won’t require positive consent as the use of data is implied.  For example, emailing a member about a rehearsal change or a reminder about subs being due.  This being said, members should still have access to clear and straightforward information about how their data will be kept and used.

When someone provides data that will be used in this way, make sure privacy statements are readily available for them to read when they sign their data over.

Regularly review (every year/two years) the data you hold to decide if it is still relevant to your band.

 

 

Retention

Under GDPR you will have to be more careful about how long you keep data for; if you no longer need it, you shouldn’t have it.

Regularly review (every year or every two years) the data you hold to decide if it is still relevant to your band.

 

 

Secure Storage of Data

If you’re storing information properly and securely then this shouldn’t prove to be a problem.

Rules around how you store data have not changed too much:

Any electronically held data should be in a password-protected, secure environment, and passwords should be changed regularly, and with each personnel change (e.g. on the committee).

It can be easy to focus on digital/electronic data but physically held data should be kept secure too.  Keys should be kept track of/combination codes changed regularly and with each personnel change (e.g. on the committee).

 

Under GPDR you also need to consider how your data is stored by third parties such as Google Docs or MailChimp.  It is your responsibility to ensure they are compliant with GDPR.  

Generally, larger organisations will have bases in the EU and will be GDPR compliant.  Smaller organisations may be storing data outside of the EU so make sure you are aware of this.

Review your storage policies as a matter of good practice.

Think about which third parties you use (a quick internet search will tell you if they are aware of and on top of GDPR).

 

 

Documentation and Processes

With GDPR, you must be able to show that you are compliant.  So having policies, processes and privacy statements in place to show that you are treating data responsibly is important, as is having evidence of consent being given.

Review and update your current documentation.

 

 

Does all this really apply to us?

Yes.  From a band leader/committee member point of view GDPR might seem like a lot of unnecessary work for you but GDPR is there to protect individuals and to make sure organisations act responsibly.  It applies to all organisations; from multi-national banks to local community organisations.  Whilst a band is obviously different to a bank, people still have the right to expect that their data is well looked after.

Most of it is common sense and you don’t need to get bogged down in the regulation.  Just bear these two things in mind:

Getting a handle on things now will make things easier and help your group in the long run.

The spirit of GDPR: The overarching aim and spirit of GDPR is that individuals’ data is treated fairly, reasonably and transparently.  You may well be faced with a situation where there is a choice for you to make between the absolute letter of the law, and acting within the spirit of GDPR and the best interests of your group, and that’s okay.

 

What about Brexit?

The General Data Protection Regulation (GDPR) came in to force on 25th May 2018.  It is an EU law that sets out guidelines for the collection and processing of personal information and aims to give individuals more rights over how their data is used.  GDPR is incorporated into the UK's domestic law under the powers in the European Union (Withdrawal) Act 2018, and will continue to apply to the UK after Brexit.

 

GDPR and Children

The GDPR explicitly state that children's personal data merits specific protection.  It also introduces new requirements for the online processing of a child's personal data.

Children have the same rights as adults over their personal data.  These include the right to:

be provided with a transparent and clear privacy notice which explains how their data will be processed;

be given a copy of their personal data;

have inaccurate personal data rectified and incomplete data completed; and,

exercise the right to have personal data erased if they wish.

A child may exercise these rights on their own behalf as long as they are competent to do so.  In Scotland, a person aged 12 or over is presumed to be of sufficient age and maturity to be able to exercise their data protection rights.  In England and Wales and Northern Ireland, competence is assessed depending upon the level of understanding of the child.

Even if a child is too young to understand the implications of their rights, they are still their rights, rather than anyone else's such as a parent or guardian.

(Information Commissioners Office, 2018)

 

 

Children’s Data Online

The provisions of GDPR help children to keep themselves safe online by giving them more control over the information they share.

GDPR gives children the 'Right to Erasure'.  This means they can request online platforms to remove their personal data, including pictures, text or status updates.

If a child has shared any material online that they no longer wish anyone to see, they have a legal right to get this material removed, even if the content was posted by someone else.

 

GDPR and child protection

GDPR emphasises the importance of asking children for consent before sharing personal information.

If a child is mature enough you should give them the opportunity to decide whether they agree to their confidential information being shared.  If a child doesn't have the capacity to make their own decisions, you should ask their parent or carer (unless this would put the child at risk).

 

If you have a child protection concern, you must share information with the relevant agencies, even if you haven’t been given consent. 

GDPR does not affect this principle.

Section 2: Uttoxeter Town Brass Band: GDPR procedures

If information is requested (eg membership information, emergency medical information) the band member is asked to agree to their information being stored. If a member refuses to have their information stored the committee may need to meet to decide if equipment and music can be loaned without contact information being available.

Uttoxeter Town Brass Band stores all physical personal data (eg printed membership forms) in a locked filing cabinet which can only be accessed by two or three members of the committee. If a member wishes to see their information this will be arranged for the next band rehearsal. If a member requests that their information is deleted it will be shredded as soon as possible. No personal information, either physical or electronic, will be shared with others unless the band member agrees to it. This includes email addresses and phone numbers.

Electronic information, such as emergency contact and medical information, is kept in a password protected Google Drive, accessible only to two or three members of the committee. This information needs to be available at concerts and rehearsals. The band member can view their own information and it can be deleted on request.

Safeguarding information is exempt from GDPR so advice will be sought if access is requested by a person involved in a concern.

Uttoxeter Town Band Safeguarding policy

This policy covers Safeguarding and Child Protection information.

Uttoxeter Town Brass Band is a non-contesting community brass band with associated development band. As part of our duty of care we recognise the need for a robust Safeguarding and Child Protection policy. We have adopted the policy and procedures of Brass Bands England, as detailed below.

Section 1: Types of abuse and relevant terms used in safeguarding

Abuse and neglect of children

Abuse and neglect are forms of maltreatment of a child or young person. They may result in a child suffering or being likely to suffer significant harm. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting, by those known to them or, more rarely, by a stranger. They may be abused by an adult, or another child or children. Government guidance ‘Working Together to Safeguard Children’ (2018) defines various forms of abuse, including:

1. Physical abuse

Physical abuse 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.

2. Emotional abuse

Emotional abuse is 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 children 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 the 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.

3. Sexual abuse

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.

4. Neglect

Neglect is 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:

• Provide adequate food, clothing and shelter (including exclusion from home or abandonment);

• Protect a child from physical and emotional harm or danger;

• Ensure adequate supervision (including the use of inadequate care givers); or

• Ensure access to appropriate medical care or treatment.

It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

5. Other ways in which abuse may be perpetrated

As suggested under the ‘Sexual Abuse’ heading above, it should be noted that perpetrators are increasingly using online methods to access children and young people as well as to indulge in abuse by creating or downloading abusive images of them. Other forms of abuse include in which digital technology may often (but not always) play a part include:

• Child sexual exploitation: 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

Uttoxeter Town Brass Band Safeguarding policy

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.

• Forms of modern slavery.

• Abuse linked to cultural or religious belief (such as: Female genital mutilation (FGM), honour violence, forced marriage or abuse associated with a belief in spiritual possession).

• Extremism – defined in Working Together 2018 as behaviour which includes targeting people who may be vulnerable – including the young – by seeking to sow division between communities on the basis of race, faith or denomination; justify discrimination towards women and girls; persuade others that minorities are inferior; or argue against the primacy of democracy and the rule of law in our society. County lines: a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into the UK, using dedicated mobile phone lines or other form of ‘deal line’. They are likely to exploit children and vulnerable adults to move and store the drugs and money, and they will often use coercion, intimidation, violence (including sexual violence) and weapons.

• Child criminal exploitation: where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person under the age of 18 into any criminal activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial or other advantage of the perpetrator or facilitator and/or (c) through violence or the threat of violence. The victim may have been criminally exploited even if the activity appears consensual. Child criminal exploitation does not always involve physical contact; it can also occur through the use of technology.

6. Abuse of a position of trust

This is a legal concept within The Sexual Offences Act 2003. It involves an adult of 18 or over engaging in sexual activity with or in the presence of a child or young person under 18, where the older person is in a position of responsibility towards the child or young person in one of a variety of settings, including a ‘workplace setting’. The concept also covers ‘causing or inciting a child’ to engage in sexual activity, and ‘causing a child to watch a sexual act’.

7. Young carers

A young carer is a person under 18 who provides or intends to provide care for another person (of any age, except generally where that care is provided for payment, pursuant to a contract or as voluntary work). Statutory safeguarding guidance recognises that young carers may have support needs, and stipulates the circumstances in which a local authority must carry out an assessment. 8. Contextual safeguarding

This is an approach to safeguarding where it is recognised that risk to children or young people exists in situations outside the family. The term and the methodology were developed by Dr Carlene Firmin and staff at the University of Bedfordshire. It advocates a multi-agency and multi- dimensional approach that targets the contexts where children and young people may be at risk rather than individual young people themselves, although individual support may still have an important role to play. For further information see https://contextualsafeguarding.org.uk/

9. Responsibilities under Working Together to Safeguard Children

In keeping with the content of Chapter 1 of this statutory guidance, it is clear that within brass bands it is the responsibility of band leaders and those working with young members to share information and work together with statutory partners if they have concerns that a child or young person may be at risk of abuse or neglect. Once a referral has been received by a local authority children’s social care team, they should, within one working day, make a decision about the type of response that is required and acknowledge receipt to the referrer. Feedback should also be provided to the referrer on decisions taken by the local authority. For example, the local authority, may take the view that the child and family are in need of support services, or may decide that the child is in need of protection. If a band believes that the position taken by the local authority is inadequate to protect the child or young person, we will consider escalating the referral within the Local Authority. It is not the job of bands to take a view on whether abuse has taken place or is at risk of taking place, nor is it the job of bands to conduct an assessment on this matter; this is the role of the statutory agencies such as the local authority and police.

Uttoxeter Town Brass Band Safeguarding policy

Abuse of adults

There are many different types of abuse affecting adults, many of which are similar to abuse suffered by children and young people. The Care and Support Statutory Guidance that is supported by the Care Act 2014 describes these as:

1. Physical

This is 'the use of force which results in pain or injury or a change in a person's natural physical state' or 'the non- accidental infliction of physical force that results in bodily injury, pain or impairment'. It may include behaviours like the misuse of medication, inappropriate restraint or the use of inappropriate sanctions, as well as the actions more commonly associated with physical abuse (such as slapping, pushing etc.).

2. Sexual

Examples of sexual abuse include the direct or indirect involvement of the adult at risk in sexual activity or relationships which they do not want or have not consented to. Specific behaviours could include:

• rape •

• indecent exposure •

• sexual harassment •

• inappropriate looking or touching •

• sexual teasing or innuendo •

3. Emotional and psychological

sexual photography

subjection to pornography or witnessing sexual acts

indecent exposure

sexual assault

putting pressure on the young adult to consenting to sexual acts

This is behaviour that has a harmful effect on the person's emotional health and development, or any form of mental cruelty that results in mental distress, the denial of basic human and civil rights such as self-expression, privacy and dignity. Specific behaviours might include:

• threats of harm or abandonment

• deprivation of contact

• humiliation

• blaming

• controlling

• intimidation

• coercion

• harassment

• verbal abuse

• cyberbullying

• isolation

• unreasonable and unjustified withdrawal of services or supportive networks

4. Organisational

Institutional abuse is the mistreatment or neglect of an adult at risk by a regime, or individuals within settings and services, that adults at risk live in or use. It may include care or support provided in the person’s own home. Such abuse violates the person's dignity, resulting in lack of respect for their human rights. It may range from one-off incidents to ongoing ill-treatment. It can be through neglect or poor professional practice as a result of the structure, policies, processes and practices within an organisation.

5. Discrimination

This type of abuse may include:

• discrimination based on gender, race, colour, language, culture, religion, politics or sexual orientation

• discrimination based on a person's disability or age

• harassment and slurs which are degrading

• hate crime

6. Financial and material

This is the use of a person's property, assets, income, funds or any other resources without their informed consent or authorisation. It may include:

Uttoxeter Town Brass Band Safeguarding policy

• theft

• fraud

• internet scamming

• exploitation or coercion in relation to an adult’s financial affairs or arrangements, including in connection with wills, property, inheritance or financial transactions the misuse or misappropriation of property, possessions or benefits

7. Neglect and acts of omission

Examples of this might include:

• ignoring medical, emotional or physical care needs

• failure to provide access to appropriate health, care and support or educational services

• the withholding of the necessities of life, such as medication, adequate nutrition and heating

8. Self-neglect

This covers a wide range of behaviour neglecting to care for one’s personal hygiene, health or surroundings and includes behaviour like hoarding.

It should be noted that the legislation and guidance makes it clear that this list is not exhaustive and that those working with adults at risk should be open to the possibility of other forms of abuse.

9. Domestic violence or abuse

This is abuse perpetrated in the context of relationships with family members, friends or carers, and can, in turn, be broken down into other types of abuse relating to:

• psychological • physical

• sexual

• financial

• emotional

10. Modern slavery

This may take various forms, such as:

• Human trafficking

• Forced labour

• Domestic servitude

• Sexual exploitation, such as escort work, prostitution and pornography

• Debt bondage – being forced to work to pay off debts that realistically they never will be able to Consent and capacity: responsibilities under legislation and guidance affecting the safeguarding of adults

When statutory agencies consider whether a safeguarding response to an adult is needed under the Care Act 2014, they are required to examine three critical components: the person’s need of care and support; their risk of, or experience of neglect or abuse; and their ability or inability to protect themselves.

These are not questions to which brass bands are expected to supply an answer. Rather, bands will seek advice from the local authority adult safeguarding team and will make a referral if necessary. It is also important to note that, even if the three critical components are not fully met, the person may still welcome and benefit from a preventative approach.

Managing issues of consent to the sharing of information is a critical difference between safeguarding children and young people under 18, and safeguarding those who are legally adults. In its work with adults, bands can draw on set of national principles that are enshrined within the legislative framework for safeguarding adults, and reflect their approach to information sharing including consent, capacity and confidentiality, they are:

• Empowerment – supporting the adult to make their own decisions and informed consent

• Protection – support and representation for those in greatest need

• Prevention – it is better to take action before harm occurs, including signposting to agencies that can help

• Proportionality – proportionate and least intrusive response appropriate to the risk presented

• Partnership – local solutions through services working with their communities

• Accountability – accountability and transparency in delivering safeguarding

If someone gives consent to safeguarding information being shared, this should, where possible, take the form of something explicit such as signing a consent form. Where someone who is capable of giving consent to information being passed on to a statutory safeguarding authority, declines to do so, bands should consider whether ‘vital interests’ are at stake under the terms of the Data Protection Act. For example, this may include situations where the adult is in imminent or serious danger, or another person is in danger (including a child of the person or any other child or adult) or a crime has been or is about to be committed. If a brass band feels that any of these

Uttoxeter Town Brass Band Safeguarding policy

circumstances may apply, a referral to the local authority should be made even without the consent of the person.

The Mental Capacity Act 2005 provides a statutory framework to empower and protect people who may lack capacity to make decisions for themselves. The principles of the Act state that an adult at risk:

• has the right to make their own decisions and be assumed to have capacity unless proved otherwise

• must receive all appropriate help and support to make decisions

• has the right to make eccentric or unwise decisions (in the opinion of others), and that

• decisions made on behalf of a person who lacks mental capacity must be done in their best interests and be the least restrictive of their basic rights and freedoms.

In addition, decisions are time and decision-specific. This means that a person may be able to make a certain decision, but not others, at a particular point in time. Decision-making ability may fluctuate over time.

Therefore, bands will also pass on information where it appears that the adult at risk may lack mental capacity to consent to this, or may be being coerced to withhold consent. The local authority will then consider who can obtain a ‘best interests’ decision and how it can be made. Procedures advise that the local authority will do this after full consideration of the Mental Capacity Act Code of Practice and also of the extent of appropriate involvement from the family and/or carers of the adult at risk.

An assessment of their capacity should be made by a professional person qualified to do so. In making this assessment, consideration will be given by the local authority to seeking the support of an Independent Mental Capacity Advocate to support the individual who lacks capacity.

Any decision made on behalf of an adult at risk should weigh up and balance both the Mental Capacity Act and the Human Rights Act, to protect their best interests whilst respecting their rights.

A summary of the key elements can be found on: www.scie.org.uk/publications/ adultsafeguardinglondon/files/protecting-adults-at-risk-in-london.pdf

Signs and indicators of abuse of both children and young adults

There may be many signs and indicators that a child or adult is being abused or is at risk. Equally, most of the signs are not themselves diagnostic of abuse (although some physical signs may lead to a positive diagnosis of abuse by a medical professional). Equally, some children and adults who suffer abuse show no outward signs of what is happening to them.

At least as important as specific physical or behavioural signs are the way in which different signs and indicators may be clustered together or perhaps a change in a child’s or adult’s behaviour or appearance that cannot be easily explained in any other way. It is important to remember that a single agency or person is unlikely to pick up on all the signs that may be present in an abusive situation, and that concerns need to be shared to enable a referring agency to build up a clearer picture of what may be going on for a child or adult at risk.

For more information about signs and indicators of abuse of children and young people, go to the NSPCC website: https://www.nspcc.org.uk/preventing-abuse/signs-symptoms-effects/

For more information about adult abuse, go to the SCIE website: http://www.scie.org.uk/ publications/ataglance/69- adults-safeguarding-types-and-indicators-of-abuse.asp

Section 2: Uttoxeter Town Brass Band Safeguarding Policy

This policy applies to all members, volunteers or anyone working on behalf of Uttoxeter Town Brass Band. The purpose of this policy:

1. To protect children, young people and adults with care and support needs who are members of the band or connected to the band in some other way.

2. To provide staff and volunteers with the overarching principles that guide our approach to child protection.

Uttoxeter Town Brass Band believes that a child, young person or adult with care and support needs should never experience abuse of any kind. We have a responsibility to promote the welfare of all children, young people and adults at risk and to keep them safe. We are committed to practice in a way that protects them.

Uttoxeter Town Brass Band Safeguarding policy

Legal framework

This policy has been drawn up based on law and guidance that seeks to protect children and adults at risk, namely:

• Children Act (1989)

• United Convention of the Rights of the Child (1991)

• Data Protection Act (1998) and subsequent data protection guidance

• Sexual Offences Act (2003)

• Children Act (2004)

• Protection of Freedoms Act (2012)

• Working Together to Safeguard Children: A guide to inter-agency working to safeguard and promote the welfare of children; HM Government (2018)

• The Safeguarding Vulnerable Groups Act (2006)

• The Human Rights Act (1998)

• The Children and Families Act (2014)

• Special Educational Needs and Disability (SEND) code of practice: 0 to 25 years. Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities; HM Government (2014)

• General Data Protection Regulations (European Union) (2017)

• Information sharing: advice for practitioners providing safeguarding services to children, young people,

parents and carers; HM Government (2015)

• The Care Act (2014)

• The Care Act (2014) Care and Support Statutory Guidance (specifically the safeguarding section of this)

• The Mental Capacity Act (2005)

We recognise that:

• the welfare of the child is paramount, as enshrined in the Children Act (1989);

• all children, regardless of age, disability, gender, racial heritage, religious belief, sexual orientation or identity,

have a right to equal protection from all types of harm or abuse;

• some children are additionally vulnerable because of the impact of previous experiences, their level of dependency, communication needs or other issues; and

• working in partnership with children, young people, their parents, carers and other agencies is essential in promoting young people’s welfare.

In addition, bands are aware that they also have safeguarding responsibilities towards adult members, some of whom may be vulnerable at different times in their lives. The principles outlined above in relation to children, also apply to our work with adults. In terms of a legal framework, the arrangements for those over 18 are governed by the Care Act 2014. This Act stipulates that statutory safeguarding duties apply to an adult who:

• has care and support needs, and

• is experiencing, or at risk of, abuse or neglect, and,

• as a result of those care and support needs, is unable to protect themselves from either the risk of, or the experience of, abuse or neglect.

We will seek to keep children, young people and adults safe by:

• valuing them, listening to and respecting them, ensuring that, in the case of adults, we work with their consent unless ‘vital interests’ [as defined in the Data Protection Act (1998)] are at stake, or the person has been assessed as lacking mental capacity [as defined in the Mental Capacity Act (2005)];

• adopting child protection and adult safeguarding practices through procedures and a code of conduct for and members and volunteers;

• ensuring that our governance arrangements reflect our commitment to safeguarding

• working to ensure that there is a safe culture within our band

• developing and implementing an effective e-safety policy and related procedures;

• providing effective support and training for volunteers with responsibility;

• recruiting staff and volunteers safely, ensuring all necessary checks are made;

• sharing information about child protection and adult safeguarding with children, parents, volunteers and members;

Uttoxeter Town Brass Band Safeguarding policy

• sharing concerns with agencies who need to know, and involving parents and children appropriately.

Useful contact details:

Band Safeguarding/Welfare Officer: Liz Broad

Local police: phone 111/ 999

Local authority children’s social care department, including out of hours contact: [insert details] NSPCC Helpline: 0808 800 5000 or [email protected]

ChildLine: 0800 1111 (textphone 0800 400 222) or www.childline.org.uk

The Samaritans: https://www.samaritans.org/

National Domestic Abuse Helpline: https://www.nationaldahelpline.org.uk/

Local authority adult social care department: [insert details]

Brass Bands England Safeguarding Officer: 01226 771015

We are committed to reviewing our policy and good practice annually.

Section 3: Dealing with a safeguarding concern

Ways that abuse might be brought to your attention:

• A child or adult might make a direct disclosure about him or herself.

• A child or adult might make a direct disclosure about another person.

• A child or adult might offer information that is worrying but not a direct disclosure.

• A member of the band or volunteer might be concerned about the appearance or behaviour of a child or adult at risk, or about the behaviour of someone (e.g. a parent or carer) towards a child or adult at risk.

• A parent or carer might make a disclosure about abuse that a child or adult is suffering or at risk of suffering.

• A parent or carer might offer information about a child or adult that is worrying but not a direct

disclosure. •

When talking to a child or adult who has told you that he/she or another person is being abused: • Reassure them that telling someone about it was the right thing to do.

• Tell him/her that you now must do what you can to keep him/her (or the person who is the subject of the

allegation) safe.

• In the case of an adult with mental capacity, ask them if they will give their consent to the information being passed on to an external investigating agency.

• Let them know what you are going to do next (i.e. discuss the matter with the band Safeguarding/Welfare Officer).

• Let the person tell their whole story. Don’t try to investigate or quiz them, but make sure that you are clear as to what they are saying.

• Ask them what they would like to happen because of what they have said, but don’t make or infer promises you can’t keep.

• In the case of a child, give them the ChildLine phone number: 0800 1111.

In the case of an adult, check out whether they have anyone they can talk to about the matter; if not, tell them that they can talk to you (if you are willing for them to do so) or, depending on circumstances, give them contact details for a relevant support agency such as one of those listed in the policy statement.

Helping someone in immediate danger or in need of emergency medical attention:

• If someone is in immediate danger and is with you, remain with them and call the police.

• If the person is elsewhere, contact the police and explain the situation to them.

• If the person needs emergency medical attention, call an ambulance and, while you are waiting for it to arrive, get help from your first aider.

• If the first aider is not available, use any first aid knowledge that you may have yourself to help the person.

• You also need to contact the band’s named Safeguarding/Welfare Officer responsible for child protection/adult

safeguarding to let them know what is happening.

Uttoxeter Town Brass Band Safeguarding policy

A decision will need to be made about informing the person’s family and the local authority children’s social care department, and when they should be informed. If you have involved the police and/or the health services, they should be part of this decision. Consider the welfare of the child or adult in your decision making as the highest priority. Issues that will need to be considered are:

• the person’s wishes and feelings;

• in the case of an adult, their consent or the withholding of their consent, and whether there are ‘vital interests’

or mental capacity issues to consider;

• in the case of a child, the parent’s right to know (unless this would place the child or someone else in danger, or would interfere with a criminal investigation);

• the impact of telling or not telling the parent or family;

• the current assessment of the risk to the person and the source of that risk;

• any risk management plans that currently exist.

Once any immediate danger or emergency medical need has been dealt with, follow the steps set out in the flowchart at the end of this section.

Keeping a record of your concerns

It is important to keep a clear detailed record of events and communication in relation to the concern. It can be used to forward information to the statutory child protection or adult safeguarding authorities if a referral to them is needed. The form/log should be signed and dated by all those involved in its completion and kept confidentially on the person’s file. The name of the person making the notes should be written alongside each entry.

Procedure for helping a someone not in immediate danger

We aim to ensure that everyone within the band and any other children or adults at risk who may come to the attention of the band receive the protection and support they need if they are at risk of abuse.

This procedure provides clear direction to members and volunteers of the band if they have concerns that a child may need protection.

Concerned about a child’s safety or welfare

Band member makes notes of concerns using reporting form and discusses with Safeguarding/

Welfare Officer.

If the child’s family does not already know about the concern, the Safeguarding/Welfare Officer

discusses with them unless:

• A family member could be responsible for abusing the child

• Someone may be put in danger by the family being informed

• Informing the family might interfere with criminal investigation

If any of these circumstances apply, discussions with the family should only take place after this has been agreed with the local authority children’s social care department.

If there is still uncertainty about the concerns, the Safeguarding/Welfare Officer can discuss with children’s social care department or the NSPCC advice line (0808 800 5000) without disclosing the identity of the child/family.

Concerned

Band Safeguarding/Welfare Officer refers to local authority children's social care department and confirms in writing within 48 hours.

No longer concerned

No further child protection action needed. Safeguarding/Welfare Officer decides whether to discuss the initial concerns with other services to ensure their needs are met elsewhere.

Concerned about an adult’s safety or welfare

Band member makes notes of concerns using reporting form and discusses with Safeguarding/

Welfare Officer.

The adult’s views about what they would like to happen should be sought. With the consent of

the adult, it may be appropriate to seek the views of their partner or carer, unless that person might be responsible for the abuse, or is coercing the adult, or seeking their views might put someone else in danger or interfere with a criminal investigation.

Uttoxeter Town Brass Band Safeguarding policy

Unless the adult either clearly lacks mental capacity to consent to issues regarding the concerns, or is being coerced, or there are vital interests at stake, any steps taken should only be with their permission.

If any of these circumstances apply, discussions with a partner or family member should only take place after this has been agreed with the local authority adult social care department.

If there is still uncertainty about the concerns, or about questions such as consent or mental capacity, the Safeguarding/Welfare Officer can discuss with the relevant adult social care department without disclosing the identity of the adult or their family.

Concerned (the adult, who has mental capacity, consents)

Band Safeguarding/Welfare Officer refers to local authority adult social care department and confirms in writing within 48 hours.

Concerned (the adult does not, or cannot consent)

Band Safeguarding/Welfare Officer seeks guidance from local authority adult social care without initially disclosing identity or the adult.

This procedure provides clear direction to members and volunteers of the band if they have concerns that an adult at risk may need protection.

No longer concerned

No further child protection action needed. Safeguarding/Welfare Officer decides whether to discuss the initial concerns with other services to ensure their needs are met elsewhere.

Section 4: Uttoxeter Town Brass Band Welfare Officer Job Description

Organisation: Uttoxeter Town Brass Band Reports to: Chairperson

Purpose of the role

To take the lead role in ensuring that appropriate arrangements are in place at the band for safeguarding children, young people and adults at risk.

To promote the safety and welfare of children, young people and adults at risk, that are members of the band, and other children and adults at risk, with whom the band may come into contact. Duties and responsibilities

1. Make sure that all issues concerning the safety and welfare of children, young people and adults at risk, who are members of the band, are properly dealt with through policies, procedures and administrative systems.

2. Make sure that all players, volunteers, children/young people, adults at risk, parents/carers and the management committee are made aware of the procedures and what they should do if they have concerns about a child or adult at risk.

3. Receive and record information from anyone who has concerns about a child or adult at risk who is a member of the band.

4. Take the lead on dealing with information that may constitute a child protection or an adult safeguarding concern. This includes assessing and clarifying the information, and taking decisions where necessary in consultation with the Chair of the management committee and statutory child protection and adult safeguarding agencies.

5. Consult with, pass on information to and receive information from statutory child protection and adult safeguarding agencies, such as the local authority children’s social care department, the adult social care department and the police. This includes making formal referrals to these agencies when necessary.

6. Consult with the NSPCC Helpline and/or the Brass Band England Designated Safeguarding Officer or other local contacts when such support is needed.

7. Report regularly to the management committee.

8. Be familiar with and work within local inter-agency child protection and adult safeguarding procedures

developed by the local safeguarding children board and local safeguarding adult board.

9. Be familiar with issues relating to child protection and abuse, and adult safeguarding and abuse, and keep up-to-date with new developments in this area.

10. Attend training in issues relevant to child protection and adult safeguarding from time to time and share knowledge from that training with other volunteers and management committee members.

Uttoxeter Town Brass Band Safeguarding policy Section 5: Uttoxeter Town Brass Band :Anti-bullying policy

We recognise that:

Bullying is behaviour, ‘usually repeated over time, that intentionally hurts another individual or group of individuals, physically or emotionally’.

One person or a group can bully others;

Bullying can occur either face-to-face between individuals or groups or online, using information technology, such as computers or mobile phones.

Bullying can include:

• verbal teasing or making fun of someone;

• excluding members from activities and conversations;

• pressurising other members not to be friends with the person who is being bullied;

• spreading hurtful rumours or passing round inappropriate photographs/images/drawings;

• shouting at or verbally abusing someone;

• stealing or damaging someone’s belongings;

• making threats;

• forcing someone to do something embarrassing, harmful or dangerous;

• harassment based on race, gender, sexuality or disability;

• physical or sexual assault (although all sexual incidents and all but very minor physical incidents constitute abuse and must be dealt with in accordance with child protection and adult safeguarding procedures).

Bullying causes real distress. It can affect a person’s health and development and, at the extreme, can cause significant harm. People are often targeted by bullies because they appear different from others. Bullying may be perpetrated either directly in person or online.

We all have a role to play in preventing bullying and putting a stop to bullying.

The purpose of this policy is:

• to prevent bullying from happening in our brass band, as much as possible;

• when bullying does happen, to make sure it is stopped as soon as possible and that those involved receive the

support they need;

• to provide information to all members, volunteers, young people, adults at risk, and their families about what we should all do to prevent and deal with bullying.

We will seek to prevent bullying by:

• Developing a code of behaviour that sets out the ‘dos and don’ts’ in terms of how everyone involved in the band is expected to behave, both in face-to-face contact and online.

• Advertise and promote the band in a way that will help to attract members from diverse groups. • Provide welcome information to new members and help them to settle in.

• Hold discussions with members, volunteers, young people, adults at risk and families who are part of the band to ensure that they understand our anti-bullying policy.

When bullying occurs, we will respond to it by:

• Having a clear anti-bullying procedure in place;

• Providing support and training for all Officers and volunteers on dealing with all forms of bullying, including

racial, sexist, homophobic and sexual bullying;

• Addressing the issue from the point of view of the person being bullied, the bully, any bystanders and the band as a whole;

• Reviewing the plan developed to address the bullying, to ensure that the problem has been resolved;

• Avoiding any punishments that make the individuals concerned seem small, or look or feel foolish in front of others.

Section 6: Guidelines on social media and online technologies

It is recognised that the internet provides unique opportunities to promote the band including vacancies and performances using a wide variety of social media, such as Facebook, Twitter and You Tube. It is also recognised that online platforms can provide the means to make teaching, webinars, rehearsals and events accessible when direct, face to face contact may be difficult for all or some participants. Nonetheless the use of social media and online technologies can also

Uttoxeter Town Brass Band Safeguarding policy

present safeguarding risks that need to be mitigated as far as possible. These guidelines aim to protect individuals within the band and to encourage them to take responsibility for what they write, exercise good judgment and common sense. Inappropriate use of social media can pose risks to the band’s reputation, and can jeopardise compliance with legal obligations. The guidelines also aim to enable bands to take advantage of the many opportunities offered by online technologies whilst at the same time remaining committed to the safeguarding of members and others.

Band websites and social media pages

It is important that you have permission prior to posting images of band members on official and websites and social media pages. This permission can be obtained through the membership form.

Be clear on the consent form about what the images are to be used for, how long they will be kept, and the fact that they will be stored and, in due course, disposed of securely

Personal details such as phone numbers and email addresses should not be posted on the internet without the permission of the individual.

It is important to consider the age range of band members when posting images, and comments on pages and ensure that these are appropriate and in keeping with the band ethos.

A note on social media groups

There is a difference between, on the one hand, informal social media groups set up and used by groups of friends who happen to be part of a band, and, on the other hand, official band social media groups, coordinated by someone in an official role, and used as part of the band’s methods of promotion, networking and support. Informal social media friendship groups are not required to abide by this guidance, although their members should bear in mind the need to use the same personal standards of behaviour in their online communications as in their face to face contact. Informal groups should also avoid calling themselves by a name which could give the impression that they are official band groups. These official social media groups should:

• Be agreed in advance by the committee, who should be made aware of the name and purpose of the group and outlining how it will be effectively risk managed.

• Have a nominated individual who will be responsible for monitoring it and moderating its content.

• Confirm in writing to the committee that it will operate in accordance with band safeguarding

policy and procedures and will use safe settings and restrictions •

The band should keep a list is of all its social media groups, together with their moderating person. This list should be reviewed on an annual basis.

Use of electronic communication with children, young people and adults at risk

Communication by electronic means or by texting will not be used with individual children under the age of 18. All communication in these forms will be via their parents/carers. The rest of the principles relate to group communication or to individual communication with adults at risk and young adults aged 18 and over. The key point is that communication should be in a context of transparency and accountability.

• Leaders, staff and volunteers should not share their personal phone numbers with anyone under 18; communication that needs to be made electronically should be via email and parents should be copied in

• Electronic communication should only be used for reasons relating to band business and not for general socialising purposes

• Other members of the band leadership team should be aware of the situations in which these means of communication are being used

• Leaders, staff and volunteers should not invite young people and adults at risk to their personal social networking page and should politely decline requests from any young person under the age of 18, explaining that this is band policy

• Where possible, group pages should be used on social media for communicating

• Care should be exercised in posting to Facebook, Twitter etc as comments made on the spur of the moment

may not always come out as intended and can be passed on extremely quickly around a large audience

• Communication by electronic means with young people should never take place during school hours and should be kept within the hours of 9am – 9pm

• Where possible, email and messaging should take place to and within groups rather than individuals

Uttoxeter Town Brass Band Safeguarding policy

• Webcams will not be used where an online platform is used for one to one conversations

• Records of communications will be kept just as they would be for written communication. If a staff member’s or volunteer’s mobile phone does not allow text messages to be saved then a written record should be kept

• The principles for the use of social media will be communicated to children, young people and adults

• Any content which raises a safeguarding concern should be reported to the band’s Safeguarding/Welfare officer.

Use of online platforms to run group and one-to-one sessions, and events

The following guidelines should be observed.

See also the following for further advice and guidance: https://learning.nspcc.org.uk/ safeguarding-child-protection/social-media-and-online-safety https://www.saferinternet.org.uk/ Sessions and activities run on online platforms, e.g. Zoom

• Only use approved band accounts for Zoom or other platforms, not personal accounts of committee members, staff or volunteers

• Ensure privacy settings are adjusted to protect both leaders and participants

• Ask participants to let you know in advance the names that they will be using to access the session. If someone enters the waiting room whose name you don’t recognise, make sure that you check out who it is before admitting them; and report any unauthorised attempts to join a call to your band’s Safeguarding/Welfare Officer

• Ensure that the registration/consent form signed by participants and/or parents specifies that the sessions will be run online, and that those involved are aware of the risks involved and who to talk to if they need to do so

• Any activities that are livestreamed need to be done with cameras off if they involve children or vulnerable adults

• Ground rules need to be agreed

• Deliver sessions from a neutral area; if it is from a person’s home, use the blurred background function if possible. If not possible, ensure that there is nothing inappropriate in the background and no identifying information, and ask that participants do the same

• Remember that the child or adult at risk may not have any privacy during the session

• Avoid using the person’s bedroom as a place from which they participate in the session, unless a parent is also

present in the room

• Ensure that there are at least two adults present as session leaders – more if using break-out rooms

• Be aware of additional family pressures and pressures upon children and young people during the time of the pandemic and in its aftermath; take account of this when preparing and running the sessions.

Uttoxeter Town Band Supporting our members

Uttoxeter Town Band has a development band, and welcomes young people to play in the senior band. We follow the guidance from Brass Band England, detailed below, to ensure we are providing our duty of care.

Having young players as members of the band is extremely rewarding. These guidelines, in addition to the other supporting documents, allow bands to ensure that young people under 18 (henceforth referred to as young players), and adults at risk (henceforth referred to as players with care and support needs) are protected and that measures are in place to clarify positions of responsibility both within the band and with parents/carers.

Transporting young people and vulnerable adults to rehearsals and concerts

It is common practice for members of bands to share lifts to both rehearsals and concerts. When this involves a young player or players with care and support needs, the band may wish to consider these best practice guidelines:

• Explain, either within the membership form or welcome information that transport to rehearsals and concerts is the responsibility of the parent or carer, unless group transport has been arranged by the band.

• If a young player, or player with care and support needs, is needing help with transport, this should be arranged directly between the parent/carer/player and band member offering the lift and not through a third party or the committee. It should be made clear to the parent/ carer that this is a personal arrangement and the band does not hold any responsibility for this arrangement.

• Band members should be made aware of best practice when providing lifts to young people and, in some cases, those with care and support needs. This should include but is not limited to;

◦ ◦ ◦ ◦ ◦

• Despite the band not holding responsibility for the arrangement of lifts, there is still a duty of care if there are any concerns raised regarding transporting young people or those with care and support needs to the band. Any issues raised should be dealt with in line with the band’s safeguarding and whistle blowing policy and, if necessary, appropriate referrals made to statutory authorities

Young people and those with care and support needs attending concerts, contests and events outside the band room

There will be times throughout the year where the band are away from their rehearsal space, either performing at concerts, contests or even social activities. During this time, young players’ needs and those of players with care and support issues, should be considered and a position of responsibility agreed between the band and the parent/carer/adult with care and support needs.

In the case of a young person under 18, if the young player’s parent (or other agreed responsible adult) is not present at the event, the band has a Duty of Care to act in loco parentis for the duration of the event.

In this instance the following should be considered;

• Young people should be supervised throughout the duration of the event. The person or

persons responsible for supervision should be safely recruited for this role (including a DBS check and other appropriate safeguards) and be made aware of any specific needs (including dietary) or medical conditions of the young people.

Where possible, avoid travelling with the young person alone

Agreeing pick up and drop off arrangements with parents

Asking the young person to sit in the rear of the car, particularly if you are alone Having a contact number for the parent

Driving within the law

Uttoxeter Town Brass Band Supporting our members

• The band should consider appropriate environments for young players during social times during the event (for example after playing and before receiving the results at a contest).

• It may be required to gain parental permission for the young player to attend the event, if it is outside the normal activities agreed to on the membership form.

• Group transport should conform to the legal requirements including, rest times, number capacity of the vehicle and seat belts. Considerations should also be taken in relation to breakdown and recovery.

• Pick up and drop off points should be agreed and emergency contact information held.

• Provision of information to the young player and their parent/carer prior to the event.

Uttoxeter Town Band Health and Safety Policy

Aside from employing the Musical Director, Uttoxeter Town Brass Band is run by volunteers and therefore does not consider itself as an employer. However Brass Bands are still considered to have a “duty of care”, under civil law, to those who are employed, work as volunteers and those who use their services. It is, therefore, necessary to consider legislation in our setting and act accordingly.

• The Health and Safety at Work Act (1974) is the main piece of legislation governing Health and Safety at work. It places a duty on employers to ensure the general health and safety of their employees, as well as volunteers and members of the public using services provided by the employer.

• It is recommended that bands should have an appointed person with responsibility for health and safety issues.

Uttoxeter Town Brass Band rents the rehearsal room, so responsibility for the safety of the building and its contents lies with the owner. The storage and use of our equipment remains our responsibility however.

We have completed Risk Assessments in regard to our use of the building, our equipment and concerts both outside and inside. We have copies of the relevant Risk Assessments for our rehearsal building and all concert venues.

Electricity in the rehearsal space and concert spaces

Electrical equipment owned by the band will be subject to PAT testing annually. Electrical equipment used but not owned by the band will be visually checked for defects or loose wires. We will minimise the use of multiple adaptors and use them according to manufacturers instructions. Any trailing leads will be covered to minimise the risks of trips or falls. Equipment not being used will be switched off.

Control of Substances Hazardous to Health

Any chemicals used by Uttoxeter Town Band will be stored, used and disposed of appropriately. If needed they will be locked away as appropriate.

First Aid arrangements

The list of current First Aiders is held by the secretary. There is a First Aid kit available in the kitchen area of the rehearsal space. Accident reporting forms are available on the Google Drive- a copy must be printed off and given to the person who had the accident, an electronic copy is kept securely by the band.

Manual Handling

Band members should be made aware of the dangers of lifting heavy objects and the associated injuries. Uttoxeter Town Brass Band has completed Risk Assessments to include measures taken to reduce the risk of injury. These measures include:

• Ensuring equipment is stored in a suitable bag, box or container that is fit for purpose. These should not be overfilled.

• Consider the minimum number of people required to move particular heavy objects (such as Timpani)

• Using trolleys, barrows or carrying straps where necessary.

Typical potential hazards that have been identified are:

• Carrying instruments

• Carrying chairs and tables

• Carrying PA equipment

• Loading vehicles for concerts and events

Uttoxeter Town Brass Band Health and Safety Policy

Accompanying Children to Hospital

• Ideally if the situation is not an emergency then the parent/carer should be contacted in order to take

the child to hospital.

• In an emergency call 999 and ask for an ambulance or a paramedic. In this situation, every effort

must be made to accompany a child to hospital, in the ambulance.

• Where possible the main leader should try to remain with the group and allow another responsible

adult, preferably a member who has a DBS check, to accompany a child to hospital.

• It would not be good practice for a band member to use their own vehicle to take a child to hospital.

However, in extreme circumstances (such as the emergency vehicle being delayed) the child’s medical status must come first. In unlikely event of this occurring it would be best practice for 2 adults to travel with the child.)

Fire Safety / Emergency procedures

• Access to a telephone is essential at all times, in case of emergency. The band secretary carries the

band mobile phone.

• The band ensures that each rehearsal space and concert venue has a risk assessment in place

which considers high risk areas and the storage of combustible material and what measures are in

place (i.e. Fire Blankets / Extinguishers)

• An evacuation procedure considering emergency exits, assembly points and provision for vulnerable

members is included within the venue risk assessment, however if a member requires specific assistance in an emergency an individual risk assessment will be written.

Public Liability Insurance

A copy of Uttoxeter Town Brass Band’s public liability insurance certificate will be available in the rehearsal room.

Completing Risk Assessments

A risk assessment form should be completed taking in to account; the physical environment, the activities that take place, the equipment used and the different types of possible accidents.

Risk assessments should be carried out both for the normal, regular rehearsal space for the band (and reviewed annually), and for concert venues and other places and events outside the band’s usual ‘home’. If the band’s normal rehearsal venue is used for a new type of event, then, again, a risk assessment should be carried out so that any new risks are taken account of and managed.

The physical environment might include:

• Car park

• Steps and stairs

• Uneven surfaces

• Lighting

• Slippery floors

• Storage of equipment/personal belongings

• Seasonal changes – e.g. snow and ice, leaves

• Access to exits

• Transporting people to rehearsals/concerts/contests

• Moving and handling equipment

• Playing concerts outside

• Rehearsals, sectionals and one to one tuition

• Fundraising activities

• Making refreshments

• Cleaning / DIY work in the band room

• Social activities

• Concerts for which the band is responsible for the audience

Uttoxeter Town  Band

The equipment might include:

• Instruments

• Music

• Stands

• Chairs

• Cleaning equipment

• Catering equipment

• Electrical appliances

• Gas appliances such central heating boilers

• Office equipment

Possible types of accidents to consider are:

• Slips, trips and falls

• Traffic accidents

• Poisoning

• Electric shocks

• Burns and scalds

• Choking, suffocation or strangulation

• Cuts from broken glass or other sharp objects

• Sunburn or bites

• Manual handling injuries

A risk assessment form should be completed considering the relevant aspects above by a person (probably a committee member) that is declared responsible for Health and Safety.

If a risk assessment is for an outing or trip, it needs to include transport arrangements. Risk assessments for trips to venues/events operated by a third party should include contacting the organiser or manager of the venue or event to check that they have their own risk assessment and that appropriate safety measures are in place.

See BandSafe 6: Risk Assessments for further help in identifying and rating risks.

Insurance

All bands must be covered by Public Liability Insurance. A copy of the certificate is kept by the secretary.

Uttoxeter Town Band Code of Conduct

As a band, we respect and promote freedom of expression and open communication. The band recognise the rights of all band members to be treated as individuals and will not condone or allow any form of unlawful discrimination to go unchallenged. The band will not tolerate discriminatory behaviour, harassment or victimisation of any kind. To ensure this, we expect all members to follow our Code of Conduct in order to foster a well-organised, respectful and collaborative environment where every individual has the opportunity to enjoy brass banding.

As individuals of the band we agree to the following:

Member Commitment

• I acknowledge that accepting a position as a member/associate of the band involves the commitment of significant amounts of time and energy.

• I will involve myself actively in the work of the band and accept my fair share of responsibilities, providing I am physically able. This includes, but is not limited to: Punctual attendance at rehearsals and performances, attendance at the AGM, private practice, helping to set up/down equipment etc.

• If I am unable to attend or expect to be late, I will report to the relevant person as soon as possible. In the event of short notice, or last minute unavailability, I will make every effort to inform the MD or relevant band officer in person or by telephone/text as soon as possible. Deputy players must be discussed with the MD.

• When representing the band in a personal capacity, I will acknowledge my underlying responsibility as a member and maintain the band’s professionalism and integrity at all times.

• I will strive to work as a team, in which constructive working relationships are actively promoted. I will act kindly and without prejudice towards other band members and the general public.

• I will support the chair and the committee in their roles and responsibilities of furthering the future success and sustainability of the band.

• I am prepared to support committee members in relation to delegated functions where possible.

• I will be mindful of my responsibility to uphold the ethos and reputation of the band.

• I will adhere to the band’s Equal Opportunities Policy.

Members Conduct

• All Band members have a responsibility for safeguarding, and as such have a duty of care for each other.

• Inappropriate behaviour and language will not be accepted. This includes at rehearsals, as well as engagements (see below for what constitutes acceptable behaviour and what will be deemed inappropriate).

• Members will adhere to the band’s policies and procedures as set out in the band’s governance documents including, but not limited to; Safeguarding and Health and Safety.

• In the event that a player has cause for concern regarding the conduct or welfare of another member, this should be raised to the relevant band officer in a timely manner.

• Playing Members are expected to have their music parts available at all times for rehearsals and engagements. If, for any reason, a player cannot attend a rehearsal or engagement, he/she must ensure that the music is forwarded to the band, or left with the band in anticipation of their absence.

• Band members are expected to assist with the setting up and packing away of chairs, stands and equipment at rehearsals and engagements.

• Band members should arrive at engagement venues by the time stated wearing the specified

• uniform.

Uttoxeter Town Band Code of Conduct

Appropriate behaviours

Inappropriate & Prohibited Behaviours

• Treat other band members, including children and young people, with respect and dignity.

• Encourage and support children and young people in the band, but avoid having (or being perceived to have) ‘favourites’.

• In general, avoid being alone with children and young people under 18 who are band members, unless you are their parent or carer.

• If it is necessary to be alone with a child or young person:

• Make sure another adult knows where you are and

approximately how long you will be

• Invite the child or young adult to bring a friend

• Leave the door open of the room you are in

• Move into the centre of the room so you are in plain view

• Avoid physical contact with children and young people in the

band unless it is necessary for a particular activity or if the person in question or someone at risk from them has been, or is about to be injured.

• If physical contact cannot be avoided, seek permission of the child or young person wherever possible and ensure they are comfortable with what you are going to do.

• If a child or young person talks to you about something confidential, ensure that they understand that you will not share the information without their consent except in specific circumstances relating to child protection or safeguarding.

• If you are told or see something regarding a child or young person that causes you to have a safeguarding concern, follow the band safeguarding procedures and contact the Welfare Officer as soon as possible.

• Outside band activities, try to avoid contacting children or young people who are band members unless this is via their parents and part of a family friendship.

• Be aware that children and young people in the band will look up to you; it is important that you model responsible and considerate behaviours associated with appropriate professional/personal boundaries.

• Do not give your personal telephone number or email address to children or young people in the band.

• Do not develop individual friendships with children and young people in the band except as part of a family friendship.

• Be mindful of your use of language during band activities, especially when children and young people are around.

• If you are involved with the band in a teaching or leading capacity, do not, in general, accept, or give, gifts or money to children or young people you work with. If you are presented with a token ‘thank you’ gift from a child, accept it with thanks and inform the Welfare Officer. If you wish to present a token gift to a child or young person for a specific reason, this should be discussed and agreed in advance with the Welfare Officer.

• Hitting or striking another band member, whether this is a child or adult.

• Verbally abusing (including shouting or swearing at) another band member.

• Deliberately humiliating or undermining another band member.

• Inappropriate intimate touching, sexual conversations - or use of sexual innuendo - with a child or young person, or in the presence of a child or young person.

• Developing, or implying, sexual relationships with children and young people in the band.

• Encouraging, or knowingly being involved in, another band member committing a crime.

• Taking illegal substances before or during band activities.

• Being intoxicated at a band event.

• Using digital technology to groom a

child or adult or to abuse them in any

way.

• Creating, sharing or downloading

abusive images of children or adults.

• Bringing the band into disrepute

through inappropriate use of social media.

Property Care

• Members are expected to keep their uniform clean, maintained and secure.

• Members who are issued with band property, including items of uniform, instruments, lyres and

mutes will be required to sign the appropriate property register on issue of the property. The register will also be signed off when the item is returned to the band.

Uttoxeter Town Band Code of Conduct

• Members are expected to maintain any property issued to them, keeping it clean and in good working order. Any damage or concerns about instruments or other equipment should be reported to the relevant officer as soon as possible. Equipment should also be stored securely when not in use.

• Members will return to the band any property issued to them, when requested by the Committee or when leaving the band.

• Playing members are expected to keep music parts in good order and tidy within the rehearsal and engagement folders.

• Members who wish to borrow individual parts of music from the library will be required to return the music at the earliest opportunity.

• Members will respect all kinds of incorporeal property (such as trademarks and copyright).

Personal Appearance and Uniform

Members will follow the band’s dress code and personal appearance guidelines when performing:

The current band uniform consists of black flat shoes with black socks or tights, black trousers or modest- length skirt (leggings are discouraged), white shirt with collar that can be buttoned, tucked in, band jacket and tie (provided and handed back in at each concert). If a sunhat is needed this should be plain and smart.

Conflicts of interest

• Members will declare any conflicts of interest should they arise.

• Members will record any pecuniary or other business interests that they have in connection with the

band’s business. If any such conflicted matter arises they will elect to be absent for an appropriate

length of time.

• Members will act in the best interests of the band as a whole and not as a representative of any

other group.

Confidentiality

• Members will observe complete confidentiality when matters are deemed confidential, or where they concern specific band members, at all times.

Compliance

• Members will protect the band’s legality regarding all environmental, safety and fair dealing laws.

Breaching the Code of Conduct

In the event of a member of the band not adhering to this code of conduct, or of any other band policy, the band reserves the right to investigate and take the necessary action to protect the integrity of the band and its members.

The investigation will allow the band committee to gain the necessary information relating to the breach. A meeting will then take place between members of the committee and the member involved in the breach of practice. During this meeting the member will be given full opportunity to put across their case. They will also be entitled to representation from either another member of the band or other suitable representative. Based on the information given, the committee will then consider any sanctions that are required to further protect the integrity of the band and band members. The member involved has the right to appeal a committee decision. This appeal should be made in writing to the committee within 14 days of being informed of the outcome of the investigation.

The committee will only use dismissal as a last resort after seeking to resolve any difficulties or disputes in more constructive ways, however, if the behaviour or alleged behaviour suggests that the band member may pose a safeguarding risk to children, young people or adults either in the band or in the wider community, then safeguarding procedures will be followed as soon as the allegation or concern comes to light, and statutory authorities will be informed as appropriate.

Uttoxeter Town Band Code of Conduct

All children and young people attending the band will be made aware of this Code of Conduct [or easy read version] and it will be explained to them with a parent/guardian present if necessary. Their parent/guardian is to confirm that they have seen, understood and agree to follow it. They must also be made aware of the consequences if they breach the code, as outlined below:

1. If a child or young person breaches the Code of Conduct, the most appropriate sanction for a minor or first time breach will be to remind him/her about the Code of Conduct, explain what they have done wrong and ask them to comply with it in future. Children and young people will be given the opportunity to reflect, enabling them to plan a positive response, with support from mentors.

2. If, having followed the above step, the child or young person continues to exhibit inappropriate behaviour, she/he should be referred to the appropriate member of staff who would give them a formal warning. Supportive interventions may need to be identified at this stage. The action should also be recorded and parents/carers informed.

3. Further/persistent inappropriate behaviour will result in a more serious sanction being imposed (e.g. restriction/suspension from the bands facilities). Again, supportive interventions may need to be identified at this stage and action should be recorded and parents/carers informed.

4. If interventions are not effective in helping the child/young person to change his/her behaviour, a further warning may be needed, along with further sanctions. At this point that the band will discuss options with their parent/carer and refer to other services for further support.

Disciplinary actions

The band may have to take disciplinary action against band members and volunteers who repeatedly or intentionally fail to follow our Code of Conduct. Disciplinary actions will vary depending on the violation and will be at the discretion of the Chair.

Possible disciplinary action includes:

• Verbal/written warnings

• Instant dismissal

The band may take legal action in cases of corruption, theft, embezzlement or other unlawful behaviour. As mentioned above, if the behaviour or alleged behaviour suggests that the band member may pose a safeguarding risk to children, young people or adults either in the band or in the wider community, then safeguarding procedures will be followed as soon as the allegation or concern comes to light, and statutory authorities will be informed as appropriate.

Uttoxeter Town Band Recruitment guidelines

Recruitment guidelines, job roles and DBS checks

Uttoxeter Town Brass Band is a community, non-contesting band which is run completely by volunteers. The Musical Director is paid a retainer to contribute towards their costs and time. We follow the guidance of Brass Bands England in recruiting members of the band committee and other active positions in order to adhere to legislation and ensure as far as possible the safety of all members of the band.

We understand that, in the words of Brass Band England “ Some individuals will actively seek employment or voluntary work with children and young people in order to harm them.” Uttoxeter Town  Band is committed to devising and implementing policies so that everyone accepts their responsibilities to safeguard children from harm and abuse. This means following procedures to protect children and to report any concerns about their welfare to appropriate authorities. The recruitment of members is a crucial part of this safeguarding policy. This policy and the procedures have been adapted from guidance from Brass Bands England.

Process for Recruiting New Members/Musical Director

The committee should identify and advertise the vacancy to ensure fair equality in the recruitment process. They may invite a person or persons currently not known to the band to apply for the position by completing a standard application form and undergoing an interview. In relation to a Musical Director post or other posts that involve working with children, young people or adults at risk, the committee should consider whether this role requires a Disclosure and Barring check. This can be established by using the DBS check online tool which can be found here https:// www.gov.uk/find-out-dbs-check. The role description should state whether a DBS check is required and the type of DBS check needed. If a DBS check is to be undertaken then, prior to this, the person should also be invited to complete a confidential declaration form which will give them the opportunity to list any criminal activity which may emerge during the course of the DBS check. The completed form should be submitted in a sealed envelope addressed to the person in charge of the recruitment process. The envelope should be marked ‘confidential’, and only be opened once the person has agreed to the DBS check being undertaken and is clear that they wish to proceed with the recruitment process.

Process for recruiting existing members in to a new role

The committee will consider the role that is required and the expectations of that role. Should the role be required to take on a level of responsibility then the band should produce a role description, as agreed by the committee. The committee will be required to consider whether a Disclosure and Barring check and confidential declaration (see above) is required. The question of eligibility for a DBS check can be established by using the DBS check online tool which can be found here https://www.gov.uk/find-out-dbs-check. The role description should state whether a DBS is required and the type of DBS check needed. Once the role has been agreed this should be advertised.

Recruitment process for roles that do not involve work with children, young people or adults at risk

Selection of suitable candidate(s) by audition/interview

New members should be met prior to joining the band. This could be through invitation to a rehearsal. At this point discuss the role and expectations with the individual. Identify previous experience and playing history. This would be a good opportunity to contact the previous band for

Uttoxeter Town Brass Band Recruitment guidelines

a reference. This could be completed by means of a phone call rather than a formal written approach.

Selection of suitable candidate for existing members entering new roles

Dependent on the role you may wish to have an informal discussion or interview with the member to gauge previous experience, current skill level and any training requirements needed to undertake the role.

Offer the position

If the committee are satisfied that the individual meets the requirements for the role in the band (and for new members, has an ethos that matches that of the band) then the position can be offered. Trial or probationary periods are a useful way to check whether the individual will meet the demands of the role, however, this should be used carefully with volunteer positions. If the role requires a DBS check, then the offer should be conditional on receipt of a satisfactory DBS check. On recruiting to the position the committee should ensure the individual has access to the necessary policies and procedures to enable them undertake their role successfully. This will include new member information if they are new to the band.

DBS checks are completed through Brass Bands England.

Process for recruitment to MD posts or other posts that involve work with children, young people or adults at risk

Recruitment to these posts should be made using a more formal process than the recruitment of new band members who will not have a leadership role in relation to children, young people or adults at risk. Specifically, in addition to the application form, confidential declaration and DBS check, the recruitment and selection process should include a more formal interview and the seeking of references.

Safer Recruitment

Uttoxeter Town Band’s most important assets are the people who work/play in our band, whether paid staff or volunteers. A good recruitment and selection process will help us choose the best people for the job – people who are well suited to our organisation and who are less likely to harm children, intentionally or accidentally.

Whilst the Disclosure and Barring Service (DBS) plays an important part in supporting safe recruitment for positions of responsibility, they are only one aspect of recruiting, selecting and supporting people to work safely and appropriately with children and young people. On their own, official checks and vetting procedures will not be enough to protect children, and they need to be carried out in the context of a wider set of practices.

Concerns emerging from a Disclosure and Barring Service (DBS) check and/or confidential declaration

If the DBS check or confidential declaration form reveals that the person is barred from undertaking the type of work with children or adults for which they have applied, then the band are committing an offence if they allow them to do so. If, on the other hand, the checks reveal something about a person’s history that is of concern, but falls short of indicating that the person is barred, the

Uttoxeter Town Band Recruitment guidelines

committee will need to make its own decision about whether or not to recruit that person in to the role. This can be a daunting experience and one which may require support. The Local Safeguarding Children Board, Safeguarding Adult Board or Local Authority can provide us with advice and guidance. Information about how to contact these agencies can be found in the Safeguarding policy.

Refusal of a new/existing member to complete a DBS check

If a new or existing band member refuses to share contact information or undertake a DBS check having offered to work with young people the committee would need to decide a course of action. It would be expected that the person would not be able to take on a position of responsibility or work directly with young people.

Uttoxeter Town Band

Membership form

First name Last name Date of birth

Address

Phone number(s)

Email address

Contact name and phone number in case of emergency

Any medical issues we need to know about? (eg allergies, asthma, epilepsy, diabetes which may require emergency treatment?)

Do you have a band owned instrument? Serial number and description

Do you have a band jacket? Size

Do you have any other band equipment? (eg lyre, folder, mute, bass strap)

I confirm the information above is correct. I have read the membership information in this pack and agree to abide by the Code of Conduct and expectations. If I take on a role with children and young people I agree that I will undertake a DBS check.

Signed Date Consent for photography/ video

I consent/ do not consent to photos and videos being taken at rehearsals and events. These may/ may not be used on Social Media

Signed Date

(Please be aware that members of the public may take photos/ videos during events. We have no control over these being shared on Social Media)


Uttoxeter Town Band Membership form

Important information every member needs to know and agree to

Key contact details-

Secretary email address Phone number Chairperson email address

Child Welfare email address Safeguarding trained members

Please let Lucy know if you’re unable to attend rehearsals or concerts as soon as possible- we need time to find replacement players or plan for absences.

Expectations

Uttoxeter Town Band is a non-contesting community based brass band. We have a positive impact and reputation across the local area which we need to uphold. You are expected to attend as many rehearsals and concerts as possible, as these provide the vast majority of our income. We expect members to wear full band uniform for concerts and behave in a responsible manner when representing the band. In return members can expect to receive information about any changes to rehearsals and concerts in a timely manner- please make sure we have your current contact details.

You are expected to look after all the equipment you’re loaned, including organising insurance- please keep your instrument in its case when it’s not being played. We will pay for ongoing servicing but if it is damaged we would normally expect you to pay. It’s really important to look after your folder and music and make sure it's with you at each rehearsal and concert. It takes a long time and costs money to replace music that is lost. Putting your name inside your jacket and overcoat is a good idea- keep them with you at concerts.

As a representative of the band please be our ambassador when you’re in uniform! We often get positive comments about our friendly and helpful players- so we expect all members to behave appropriately. When using Social Media eg Facebook and Twitter it’s important to uphold our positive reputation, so please post photos or text carefully.

See the Code of Conduct and Constitution for more information. Rehearsal schedule and house keeping

We rehearse each Tuesday evening at the Dove Church, Stone Road. Development band and individual starter lessons are 6.30- 7.30, main band is 7.45-9.30. We encourage development band members to stay for as long as they would like to- you’re welcome to sit in main band for their rehearsal! There are no drinks facilities so please bring your own refreshments in travel bottles. We have toilet facilities by the front doors.

Car parking is limited in front of the church but there is parking available on Stone Road or at the leisure centre (may need to pay for this).

We don’t have a weekly membership fee, but we expect members to join our bonus ball scheme which costs from £1 a week. There is a prize of £10 per week if your number matches the Saturday National lottery bonus ball.

You are expected to make your own way to rehearsals and concerts. Occasionally we organise transport if a concert is a fair distance away, and those using the transport are expected to contribute to the cost.

Health and Safety

Fire exits are the front doors, in the rear storage room and through the door to the kitchen area. If there is a fire please assemble by the car park entrance on Stone Road. Fire extinguishers are situated by the front door, in the kitchen and rear meeting room. There is a fire blanket in the kitchen area.

1 Uttoxeter Town Brass Band Membership form

A First Aid box is situated in the kitchen area. Our First Aiders are detailed on our contact form.

Please be careful when walking on the car park in icy weather- it is sloped so can be slippery.

If you are concerned about your hearing during rehearsals and concerts (brass bands are noisy!) it may be advisable to wear hearing protection.

See the Health and Safety policy for more information. Children and Young People

Any organisation that welcomes children and young people is required by law to have policies which ensure, as far as possible, the safety and welfare of children and young people. We have a welfare officer on the committee, trained Safeguarding officers and a robust policy around child protection and safeguarding. This is available on our website. As a member of the band you are expected to behave in a manner which minimises the risk of an allegation being made against you, and if you are concerned about a child or young person to report this to the child welfare officer or a member of the committee. All adults who assist young people with individual lessons and development band must have a DBS completed every three years.

We expect parents or carers to bring children and young people to band promptly and collect them on time. At the end of rehearsals there is no facility to look after children. If there is an issue please contact the secretary or chairperson as soon as possible. If children and young people are unaccompanied by parents or carers at rehearsals or concerts this must be made clear to the organisers.

See the Child protection and Safeguarding policy for more information. Complaints Procedure

If you have a complaint about something that has happened at band, or the way you or someone else has been treated, please don’t hesitate to approach one of the committee members. You are welcome to email or phone, or give your complaint in writing. This will be dealt with in accordance with the complaints procedure, found on the band website.

Development Band

Lessons and equipment loans are subject to availability. We can only offer basic brass instrument lessons to members. We can’t offer music grades or lessons in non-brass (eg: percussion). There are many good music schools and tutors in the local area and can supply contact details.