1) In these Regulations “vulnerable adult” means a person aged 18 or over who is receiving services of a type listed in paragraph (2) below and in consequence of a condition of a type listed in paragraph (3) below has a disability of a type listed in paragraph (4) below.
2) The services are—
- accommodation and nursing or personal care in a care home;
- personal care or nursing or support to live independently in his own home;
- any services provided by an independent hospital, independent clinic, independent medical agency or National Health Service body;
- social care services; or
- any services provided in an establishment catering for a person with learning difficulties.
3) The conditions are—
- a learning or physical disability;
- a physical or mental illness, chronic or otherwise, including an addiction to alcohol or drugs; or
- a reduction in physical or mental capacity.
4) The disabilities are—
- a dependency upon others in the performance of, or a requirement for assistance in the performance of, basic physical functions;
- severe impairment in the ability to communicate with others; or
- impairment in a person’s ability to protect himself from assault, abuse or neglect
- is someone aged 18 or over:
The Police Act 1997 (Enhanced Criminal Record Certificates)
(Protection of Vulnerable Adults) Regulations 2002
For the purpose of this document a Vulnerable Individual is
- a child,
- a young person or
- a Vulnerable Adult.
Ensemble Cymru’s activities occasionally involve Vulnerable Individuals.
- activities in education and community settings
- work experience placements for young people
- Coaching young performers
- Performances in Nursing / Residential Homes
- Workshops in Day Centre
- Every individual, regardless of age, ability, gender, ability, ethnic culture and creed has at all times and in all situations, a right to feel safe and protected from any situation or practice that puts them at risk of physical or psychological harm.
- the welfare of the Vulnerable Individual is of paramount consideration
- Ensemble Cymru recognises its responsibility to report concerns that a Vulnerable Individual may be, or may be at risk of, suffering significant harm.
Ensemble Cymru’s Board of Trustees will act upon guidance received from the NSPCC, Voluntary Arts Wales, County Councils, Mantell Gwynedd, Age Cymru and such organisations that have expertise in issues of safeguarding the welfare of Vulnerable Individuals.
About The Procedures
Through the implementation of its procedures, Ensemble Cymru aims to create an environment whereby Vulnerable Individuals are safe.
Procedures have been set out for Ensemble Cymru’s
- Volunteers Trustees
- Service Providers
Compliance with this policy is mandatory for employees of Ensemble Cymru. Ensemble Cymru will regard non-compliance with these procedures by employees as a serious disciplinary matter.
Volunteers and Trustees
Compliance with this policy is mandatory for a volunteer or a trustee if they are to be directly involved or come into contact with a Vulnerable Individual in Ensemble Cymru’s name.
Compliance with this policy will be an explicit requirement as part of any contract for services which requires a a service provider – e.g. a performer – to come into direct contact with a Vulnerable Individual. Ensemble Cymru reserves the right to terminate any contract immediately if compelling evidence of non-compliance with this policy by a service provider is found to have occurred.
Description of Responsibilities
Trustees, employees, volunteers, service providers to the Ensemble may become concerned that a Vulnerable Individual could be suffering abuse if
- A Vulnerable Individual tells you.
- An individual conveys his/her concern to you or relates being told by a Vulnerable Individual.
- A Vulnerable Individual shows signs of physical injury that does not seem to have a satisfactory explanation.
- The behaviour of a Vulnerable Individual gives cause for concern.
- You feel disquiet whilst observing the behaviour of a member of the organisation or another worker or volunteer, towards a Vulnerable Individual.
- You may observe one child / young person / vulnerable adult abusing another.
Acting on your concerns…
It is not your responsibility to decide whether a Vulnerable Individual has been abused or not. Your information may be one piece of a larger jigsaw. You should discuss your concerns immediately with the Ensemble Cymru’s Safeguarding Monitor.
Ensemble Cymru’s Safeguarding Monitor is Mr. Wyn Thomas (appointed January 2006) Telephone Number Home – 01248 351347 Work – 01248 382 182
Volunteers, Trustees and Employees
Under the Criminal Justice and Court Services Act 2000 it is now a criminal offence if an employer does not take sufficient steps to check an employee working with children, either on a voluntary or paid basis.
Recruitment & Selection
Ensemble Cymru will address the recruitment and selection of volunteers including trustees and paid employees by
- Checking that all adults with access to children / young people / vulnerable adults are vetted appropriate to the degree to which they have access to children. Options include checking with the Criminal Records Bureau; (See Ensemble Cymru Vetting Checklist)
- Ensuring that every new volunteer, trustee or employee completes a Personal Profile Form and Declaration form. The declaration form will be confidential, will ask for details of any criminal record and request permission for checks; (See Personal Profile Form)
- Requesting previous addresses on volunteer/ job application forms;
- Asking for the names of two referees who will be prepared to provide a written reference. Ensemble Cymru will follow up each reference with a telephone call or personal contact during which we will discuss the applicant’s suitability to work with children. A record of this discussion will be kept in the applicant’s file. This will be confidential so as to protect the applicant’s privacy;
Interviewing prospective volunteers and employees;
Ensemble Cymru will
- Note at interview all previous experience of volunteers and employees in working with children Vulnerable Individuals.
- Require that applicants bring documentary evidence of identity (driving licence etc.) to interview and the original certificates of any qualifications claimed. Copies will be placed on file;
- Require all volunteers and employees to undergo a probationary period of at least 3 months;
- Appoint a senior member of the organisation to be responsible for all Safeguarding issues. (See Safeguarding Monitor)
Ensemble Cymru engages the services of a range of service providers among them performers, composers, photographers, technicians, workshop leaders, coaches & consultants. Where a service provider is working with Vulnerable Individuals Ensemble Cymru will make it a condition of service to comply with its Safeguarding Guidelines.
In the event that a service provider is required to have a substantial degree of access to Vulnerable Individuals then they will be subject to the vetting procedures as for employees and volunteers.
Ensemble Cymru will ensure that service providers who have not been vetted are not placed in a position where they will have direct access to Vulnerable Individuals.
Monitor for Safeguarding
The Monitor for Safeguarding is responsible for:
- Regularly reviewing Ensemble Cymru’s policy making sure it is clearly displayed
- Ensuring that Ensemble Cymru volunteers, employees and service providers are aware of the policy and that they have read and understood it.
- Receiving information from employees, volunteers, children, parents and carers who have Safeguarding concerns and recording them.
- Assessing the information promptly and carefully, clarifying or obtaining more information about the matter as appropriate
- Consulting initially with appropriate statutory authorities such as the local social services office or the NSPCC Cymru Help line, to test out any doubts or uncertainty about the concerns as soon as possible
- Making a formal referral to social services or the police immediately.
It is NOT the role of the organisation to decide whether a Vulnerable Individual has been the victim of assault, abuse or neglect or not. This is the task of the social services and or police who have the legal responsibility under legislation such as the Children Act 1989 to investigate concerns. However, it is everybody’s responsibility to ensure that concerns are shared and appropriate action is taken.
Monitor for Safeguarding for Ensemble Cymru is
Mr. Wyn Thomas (appointed January 2006) WT@ensemblecymru.co.uk [Other contact Information to be agreed with Wyn]
(To be displayed)
Employees, trustees, volunteers and service providers to Ensemble Cymru must:
- Acknowledge the age group they work with;
- Never trivialise or exaggerate issues of assault, abuse or neglect;
- If a Vulnerable Individualtells you they are being hurt/abused…
- Allow them time to speak.
- Do not interrupt or make suggestions to them which could imply or be perceived as being an investigation
- Reassure them that you are glad they have have told you what has happened and that it was right to tell
- Do not interrogate or question other than to clarify your understanding. If the matter is to be investigated further it will be so done by trained professionals.
- No matter how well you know the individual, spare them having to repeat themselves over and over. Apart from anything else, they may begin to think that you don’t believe them;
- Be honest, tell the Vulnerable Individual that you cannot keep it a secret, and that you have to talk to someone else who is in a position to help
- Remain calm, no matter how difficult it is to listen to the Vulnerable Individual. Think of how hard it must be to say it. Some things are very difficult to talk about. You have been chosen because they feel that they can talk to you. If you show anger, disgust, disbelief then they may stop talking for fear of upsetting you further or because they feel that your negative feelings are being directed towards them;
- Listen to them – REALLY LISTEN – take what they say seriously. Tell them that they have done the right thing by telling you;
- As soon as practical write down everything the Vulnerable Individual told you. However remember what you have been told is confidential and your notes recording the conversation should be kept in a secure place.
The only person you should be discussing it with is with the Ensemble’s Safeguarding Monitor.
Safeguarding Monitor: Mr. Wyn Thomas – WT@ensemblecymru.co.uk [Contact Information to be discussed with Wyn Thomas]
As part of your terms of contract with Ensemble Cymru you are required to comply with the following guidelines when dealing with Vulnerable Individuals.
- Treat everyone with respect
- Provide an example you would wish others to follow
- Be aware that someone else might misinterpret your actions even if they are well intentioned.
- Respect the right of a child / young person / vulnerable adult to personal privacy
- Encourage children / young people / vulnerable adults to respect and care for others
- Take action to stop any inappropriate verbal or physical behaviour. This usually means reporting it to a carer or teacher
- Remember to REFER not INVESTIGATE any suspicions or allegations about abuse. Please remember it is a legal requirement to report suspicions or allegations about abuse.
- Share your concerns and seek support ONLY from Ensemble Cymru’s Safeguarding Monitor whose name and contact details are listed below.
- Do not allow yourself to be left with children / young people / vulnerable adults. A carer / teacher should be present and supporting the activity at all times.
Safeguarding Monitor: Mr. Wyn Thomas – WT@ensemblecymru.co.uk
Please do not be afraid to make contact with these people for advice and guidance – remember – you may not be the only one to have concerns. You must also remember that all referrals are discussed thoroughly by the statutory agencies before any action is taken. Your concerns will be genuine and treated as such by them.