Maindee Festival Association Policy
Why do we need policies?
The Association is broadly guided by our constitution. The
constitution describes what we aim to do, how we organise ourselves and how we
take decisions.
We also need guidance on a range of
specific areas that are not described in our constitution. This guidance is
developed in our policies.
Our policies help to guide the Association
to ensure that any decisions and actions we take support our core aims and
values, are legal and protect the interests of the broader community, our
organisation’s partners and our funders.
Some of our policies, for example “equal
opportunities”, are long standing and support our core objectives. Others, such
as our “conflict of interest” policy, are more specific to a particular aspect
of our work.
We have tried to make our policies as
simple and direct as possible. But sometimes they do get complicated and may be
difficult to understand. Please contact us if you need any more information or
explanation. Mail us at info@maindee.org
Click
on the links below to jump down this page to each policy.:
6.
Policy on
Recruitment of People with a Criminal Record. This policy on
recruitment builds on our equal opportunities policy by including “an offending
background” as an additional ground on which we would not discriminate against
a person unless this would create risk to children, young people or vulnerable adults.
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1.
Safe Children, Young People and Vulnerable Adults Policy
1.1 Maindee Festival Association (MFA) will take all reasonable steps to ensure the safety of all children, young people & vulnerable adults participating in pre-festival workshop, the street parade and all Maindee Festival events.
1.2 MFA believes that the safety of children, young people & vulnerable adults is paramount on all occasions.
1,3 MFA recognises the
importance of the guidance contained within Chapter 22 of the Event
Safety Guide published by the Health and
Safety Executive.
Date: April 2007
Last Reviewed: October 2009
2. The objectives of this policy
2.1
To
protect children, young people & vulnerable adults participating in the
Maindee Festival and associated events
from:
·
HARM:
Injury; Abduction; Attack; Emotional distress
·
ABUSE:
Verbal; Physical; Sexual; Bullying
·
EXPOSURE
TO INAPPROPRIATE: Attitudes;
Language; Materials; Actions
2.2 Through these objectives MFA is committed to
ensuring that all possible situations are risk assessed to ascertain the level of
risk involved. MFA will then endeavour to establish
suitable control measures to reduce the risk to acceptable levels. Both artists
and stewards must be aware of the risk assessment and control measures in
place.
2.3
This MFA Safe Children, Young People & Vulnerable Adults Policy will
be accessible to all artists and stewards and also available for inspection to
all.
3. Protection from harm and abuse
3.1
All Festival venues will have:
·
Adequate
lighting and ventilation
·
Adequate
supervision
·
Access
to toilets and running water within a reasonable distance
·
No
smoking in all covered or enclosed areas
·
Provision
for the regular and safe disposal of rubbish
·
Suitable
levels of adult supervision at all times
3.2
Activities
·
Each
activity and event will have a maximum number of participants
·
Age
guidelines will be defined for all daytime activities where children or
vulnerable people are unaccompanied by parents or carers
·
Leaders
of all craft and making things activities will be expected to adhere to the
"Guidelines for Working in Craft Activities within the Maindee
Festival". See appendix A of this policy
·
MFA
has a commitment to the equality of opportunity for all children, young people
and vulnerable adults, including those with disabilities to actively participate
within its events
3.3
Adult
Supervision
·
Events
must be arranged and managed by responsible and suitable adults who have
relevant expertise and experience.
·
A
named person will have overall responsibility for organising the children's
events.
·
Workers
and volunteers must not be under the influence of alcohol or drugs
·
Workers
and volunteers must be deemed to be medically fit
·
MFA
will ensure that appropriate First Aid cover is provided.
·
All
workers and volunteers must know the nearest First Aid point and all emergency
procedures
·
MFA
will make every effort to ensure that all people working with children, young
people and vulnerable adults are fully briefed on all aspects of event safety
and protection issues
·
All
accidents must be recorded on an accident form, to be held in the Festival
accident folder
·
Children
under 8 years must not be left unattended
·
It
is inadvisable for children under 8 years to leave the event unless accompanied
by a parent or carer
·
All
artists and stewards must take all possible steps to avoid the inappropriate
handling or touching of any child
3.4
Behaviour
Management
·
All
artists and stewards must be conversant with procedures for discipline and
dealing with uncooperative children
·
MFA
will not accept disruptive or unruly behaviour from any child which spoils the
enjoyment by others
·
Bullying
and physical abuse from one person to another, will not be tolerated
·
Corporal
punishment (smacking, slapping and shaking) is illegal
·
Practices
that threaten, frighten or humiliate people must not to be used
3.5
Lost
Children or Vulnerable Adults
· All stewards must be aware of the Lost
Children or Vulnerable Adults Procedure as stated in stewards briefing notes.
Children who are lost will be taken to the designated lost children’s
area.
· In most cases a lost child or vulnerable
person should not be in the Festival's care for more than half an hour before
being handed over to the police or Social Services.
4.
Protection from sexual abuse
4.1 MFA is totally committed to protecting vulnerable people of all ages from sexual abuse. We require our Trustees and workshop leaders to be CRB checked. It is neither practically possible nor legally required, for all artists and volunteer stewards working within the Maindee Festival, to be police checked or to have a Criminal Records Bureau Disclosure.
4.2 However, MFA is confident that a significant majority of artists and volunteer stewards working with vulnerable people at the Festival do fulfil these requirements.
4.3 To ensure that children are protected from
both sexual and all other types of abuse, MFA reserves the right not to employ
in any capacity:
·
Any
person with a known history of sexual abuse to children
·
Any
other person that they feel presents a danger or threat to the safety of
children
4.4 MFA will endeavour
to take all reasonable steps possible, to ensure that there are no situations
where any artist or volunteer steward is working within a situation where they
have sole charge and unsupervised access to children.
4.5 MFA is totally committed to reviewing this
Policy every two years, to ensure that there is neither complacency nor
negligence in its commitment to protecting children from abuse.
5.
Protection
from exposure to inappropriate activities, actions, language and materials
5.1
The
Festival is committed to:
·
Booking
childrens performers whose acts have been previously
viewed or who provide creditable references
·
Ensuring
that performers or stewards do not swear, use lewd actions or make
inappropriate references to sexual or illegal activities
·
Ensuring
that artists and stewards avoid overt criticism or sarcasm to any child
·
Providing
artists with guidance about the age range of children
·
Ensure
that all artists and stewards avoid stereotypical attitudes, racist terminology
or gender bias
MFA
Chairperson
Name________________________Signed _________________________ Date
Appendix
A
GUIDELINES FOR WORKING IN CRAFT ACTIVITIES
WITHIN THE FESTIVAL
It
is not possible to remove risk altogether in craft activities, but it is
essential to reduce any such risk to acceptable levels by careful planning and
selection of materials to be used.
All
people working in craft activities must be safety conscious at all times and
activity leaders should carry out a basic Risk Assessment on their activity
before arriving at the Festival.
Stewards
are present to help with activities and to minimise risk.
Stewards
will carry out regular checks on materials being used. If they are not happy
with materials being used they must be withdrawn from use immediately.
THE USE OF MATERIALS AND TOOLS
Ensure that all adhesives, paints, varnishes etc. are suitable for use with children i.e. are non-toxic and non-allergenic.
Check
all materials, especially re cycled junk materials, thoroughly for cleanliness,
staples etc.
Be
aware that some children are allergic to unexpected substances like sandpaper
and some even react to substances, which are generally considered to be safe.
The Festival informs parents via the Children's Programme that substances like
sandpaper and PVA may be used.
Be
especially careful with the use of "sharps" e.g. scissors, craft
knives. It is best to use only round-ended scissors and restrict the use of
real "sharps" to adults. Consider carefully the need to use tools in
your sessions, it may be safer to pre-cut the items.
Be
constantly aware of the location of your tools, and at the end of each session
make sure that all are accounted for.
Hot
glue guns, staple guns and other similar tools should be kept away from
children and should only used by adults.
Any
possible sources of heat e.g. hot water, hot irons should be kept out of the
reach of children and supervised at all times. Always consider how essential
such things are to the success of the activity and plan for their safe use.
(end)
Child abuse is a global phenomenon. It occurs
in all countries and in all societies. It involves the physical, sexual,
emotional abuse and neglect of children. It is nearly always preventable.
Maindee Festival
Association (MFA) believes that:
MFA
will take all reasonable steps to ensure the safety of all children, young
people & vulnerable adults participating in pre-festival workshop, the street
parade and all Maindee Festival events from abuse.
Date Created : April 2002
Last Reviewed: October 2009
Maindee
Festival Association (MFA) believes that:
This document describes
our commitment to prevent abuse and protect children with whom we come into
contact.
The aim is to
help raise awareness of child abuse and of what is expected of staff, within
the MFA
THE PROBLEM
OF ABUSE
Child abuse is
a global phenomenon. MFA works with many children and young people living in
MFA's child
protection policy recognises this fact and aims to ensure that the problem of
child abuse and how to prevent it is addressed in every aspect of our work with
and for children.
MFA,
CHILDREN’S RIGHTS AND CHILD ABUSE
MFA supports
the vision of a world where the lives of all children reflect the international
standards set out in the UN Convention on the Rights of the Child. This
includes the right to freedom from abuse and exploitation.
The child
protection policy aims to translate this commitment to children’s rights into a
practical reality through our work with children.
SAFEGUARDING
CHILDREN
Through its
emphasis on prevention, the policy aims to minimise the risks of children being
abused.
MFA will also
do all it can to ensure that children who are being abused, or who are at risk
of abuse, are supported and given protection.
It is also
possible that, on occasions, staff and others engaged by MFA or its partners to
work with children, may pose a risk to children and abuse their position of
trust.
The policy
demands the highest standards of professional practice in work with children
and describes the values and principles that must underpin our approach to
children.
MFA's POLICY
COMMITMENT
MFA’s child
protection policy covers all contact with children at any MFA event or
activity. We will ensure that our staff, volunteers, contractors or partners:
• are aware
of the problem of child abuse
• safeguard
children from abuse through good practice
• report all
concerns about possible abuse
• respond
appropriately when abuse is discovered or suspected.
WHAT ARE MY
RESPONSIBILITIES UNDER THE POLICY?
All staff,
volunteers and other representatives of MFA must be familiar with the policy
and be aware of the problem of abuse and the risks to children.
Everyone is
responsible for defending the rights of children and, where possible,
preventing any abuse of children.
This means
raising any concerns you may have about the safety of children and/or the
behaviour of adults.
WHAT SHOULD
I DO IF I SEE OR SUSPECT POSSIBLE ABUSE?
Beyond immediate
action to intervene to protect a child in cases where actual or potential harm
is directly witnessed at that time, as a small voluntary organisation we do not
have the expertise or authority to act on behalf of a child at risk. You
therefore should:
Concerns for
the safety and well being of children can arise in a variety ways and in the
whole range of different settings in which we work. For example, a child may
tell you or display signs that they are being abused; someone may hint that a child
is at risk or that a colleague is an abuser; you may witness or hear about
abuse in another organisation.
If you have any
suspicions or concerns regarding possible child abuse, or if there is anything
with which you feel uncomfortable, you should raise these concerns with an
officer of the Association or a trusted adult and then contact the Newport
County Borough Council Social Services Duty Desk (01633 235407).
The
important thing is to act on your concerns!
ISSUE DATE:
April 2007
MFA
Chairperson
Name________________________Signed _________________________ Date
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3. Maindee
Festival Association
The Maindee Festival
Association exists to build bridges between different sections of the
community.
Equality
of opportunity is at the heart of our aims.
The Association
is committed to both the avoidance of unlawful discrimination and the positive
promotion of equal opportunities.
No employee or
member of the Association, festival visitor or participant in any event
organised by the Association shall experience more or less favourable
treatment on the grounds of ability, gender, sexual orientation, marital
status, family responsibility, age, race, colour,
ethnic origin, nationality, trade union membership and activity, political or
religious beliefs.
In order to
ensure the effective implementation of this policy the Association will monitor
its policies, practices and procedures on a continuing basis. Where
appropriate, action will be taken to address any matters arising from
monitoring. The Association’s commitment to equal opportunities will be publicised as appropriate.
COMMUNICATION
OF POLICY
Existing
committee members will be provided with the policy. New committee members will
be advised of the Equal Opportunities Policy which will be also be made
available to Festival contractors.
OWNERSHIP
AND LOCATION OF RESPONSIBILITIES
The Association
Chairperson has overall responsibility for ensuring the consistent application
of the policy. All members are responsible, within the limits of the
constitution, for ensuring that the policy is adhered to. All members must
ensure that their conduct is in accordance with the Equal Opportunities Policy
and members whose actions demonstrate a failure in this respect may have their
membership revoked.
The Association
Committee will nominate one member to act as the Equal Opportunities Advisor to
the committee
INFORMATION,
ADVICE AND COUNSELLING
Information and
advice relating to the Equal Opportunities Policy should normally be sought in
the first instance from the EO Advisor. Where this is not appropriate, or more
specialist advice or information is required, the Association will liaise with
representatives of relevant local organisations. Any member or participant who
feels that the Association is failing in its responsibilities in respect to
Equal Opportunities will be encouraged to contact the Chairman or EO Advisor,
or failing this, to report the matter directly to the relevant officer in the
Arts Council for Wales or Newport County Borough Council.
OTHER
EMPLOYMENT RELATED POLICIES, PROCEDURES AND CODES OF PRACTICE
Existing
policies, procedures, practices and implementation guidelines will be reviewed
and revised, including recruitment and selection and training and development,
if this applies. Other new policies, for example harassment, will be developed
as required as part of the effective implementation of the Equal Opportunities
Policy.
MEMBER &
STAFF TRAINING AND DEVELOPMENT
The
implications of the Equal Opportunities Policy will be addressed through
appropriate training and development activities.
MONITORING
AND REVIEW
The implementation
of the Policy will be monitored and reviewed regularly to determine and improve
its effectiveness in developing an environment where equal opportunities are
promoted positively by all members and staff.
Under
representation of particular groups on the committee will be considered by the
Association, and where appropriate, action plans will be developed to seek to
redress the balance. Action plans could include development of training
packages (for example, assertiveness, trans-cultural
awareness and development opportunities) and appropriate equipment for disabled
members and participants. Action plans developed where a specific need is
identified through an Equal Opportunities audit will not be developed in
isolation, but will be linked into individual training and development plans.
FIRST ISSUE DATE: June 2001
POLICY LAST
REVIEWED: October 2009
MFA
Chairperson
Name________________________Signed _________________________ Date
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4. Maindee
Festival Association
Introduction
Maindee
festival (M.F.) is an annual celebration of arts and cultural diversity. The
day itself and the preparation promote the arts and brings
together different people from the community and
This policy
is relevant to volunteers, funders and trustees
The purpose
of the policy is to ensure cohesion and consistency for volunteers
The policy
is endorsed by the committee and will be reviewed annually and modified if
necessary
Commitment
Maindee
festival recognises and values the contribution of volunteers and wishes to
support them
M.F.
strives to place its volunteers in roles that are suitable for the volunteer and
beneficial to the festival
Statement of Values and Principles
M.F.
-
recognises
people’s different motives for volunteering and considers this when managing
its volunteers
-
respects
and listens to the views of its volunteers
-
feels
that volunteering encourages altruism
-
aims
to promote and encourage community integration and feels that its use of
volunteers aids this
-
takes
a flexible and informal approach with its volunteers
-
distinguishes
volunteering from employment
-
treats
its volunteers equally and respectfully
Definition
The
following definition of volunteering comes from the Welsh Assembly Government:
‘Volunteering
is an important expression of citizenship and an essential component of
democracy. It is the commitment of time and energy for the benefit of society
and the community and can take many forms. It is undertaken freely and by
choice, without concern for financial gain’
Volunteers
are an enhancement to and not a substitute for paid staff
Paid staff
who work with volunteers will be made aware of the roles and responsibilities
(including limitations) of the volunteers and treat them accordingly
If there is
industrial action, volunteers will not be used as a replacement.
There is no
formal obligation on either side and therefore no contract regarding hours or
tasks
The relationship is based on trust
and either side expect support and commitment
Volunteers will be made aware of
what is expected of them, their role and given set tasks to carry out.
Recruitment
and selection
M.F. is committed to equal
opportunities and volunteers will be selected on ability to carry out tasks.
Volunteers will be set tasks which match their
personal skills, qualities and abilities.
Where it is decided that a volunteer
is not suitable, they will be sign posted to another organisation such as GAVO
A CRB check will only be carried out
where necessary on volunteers who will be lone-working with children and/ or
vulnerable adults
Applicant’s information will be
treated confidentially
Training
and development
Volunteers will be made aware of M.F.’s policies
Volunteers will have induction and
be given necessary information to carry out tasks
M.F. recognises that training and
support is important. Therefore, volunteers will be encouraged to learn from
and develop their role
Support
and Supervision
Volunteers will be given set tasks
and trained/debriefed accordingly
Volunteers will have a designated person
to guide and manage them; this designated person will support the volunteer
with issues relating to volunteering
Volunteers will be invited to
meetings where they can discuss issues
Volunteers will be thanked and shown
appreciation
Expenses
In order to ensure equal
opportunities out of pocket expenses must be offered to all volunteers
Volunteers need to provide receipts
to claim reasonable out of pocket expenses
Rates of re-imbursement apply to all
volunteers, committee members and staff and are approved by the Inland Revenue.
During induction, volunteers will be
made aware of procedure for claiming expenses
Conditions
of service
Volunteers are covered by M.F.’s insurance when carrying out tasks
Volunteer’s personal items will not
be insured
Volunteers may leave at anytime.
Feedback is welcome
Security
and confidentiality
If applicable, volunteers will be
advised that they need to be confidential
For security and health and safety purposes,
a designated person will hold a record of volunteer’s names and addresses
Additional information may be held
regarding training undertaken, for example.
Information on volunteers will be
kept confidentially
Volunteers have access to their individual
records and are informed of their rights under the Data protection act and M.Fs data protection policy
Settling
differences
Volunteers will be treated equally,
objectively and consistently.
Their views will be taken into
consideration and as many facts a possible gained before making decisions
A designated person will be
responsible for handling volunteer’s complaints and for volunteers conduct
An informal approach will be taken
to problem solving in the first instant. If problems cannot be resolved between
the designated person and the volunteer, they may have to go to the committee
for discussion
Roles
and responsibilities of the volunteer
M.F. expects the following from its volunteers
- Primarily to carry out the
tasks which have been mutually decided upon
-
enthusiasm for training and support
-
to be aware of and support M.F.’s values and aims
-
to
not bring shame or disrepute on M.F.
-
be aware of and follow guidelines,
procedures and policies when volunteering
FIRST ISSUE DATE: June 2008
POLICY LAST
REVIEWED: October 2009
MFA
Chairperson
Name________________________Signed _________________________ Date
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5. Maindee Festival Association
CONFLICT OF
INTEREST POLICY
This policy applies to Trustees, members and staff of Maindee Festival
Association
a) Why do we need this policy?
Our trustees have an obligation to act in the best interests of the
Maindee Festival Association and in accordance with the Association’s
constitution.
Staff and volunteers have similar obligations. Conflicts of interests may arise where an
individual’s personal or family interests and/or loyalties conflict with those
of the Association.
Such conflicts may create problems; they can:
The aim of this policy is to protect both the Association and the
individuals involved from any appearance of impropriety.
b) The declaration of interests
Accordingly, we ask Trustees and staff to declare their interests, and
any gifts or hospitality received in connection with their role in the
Association. A declaration of interests form will be provided for this purpose,
listing the types of interest you should declare.
These declarations of interest need to be updated at least annually, and also when any changes occur.
If you are not sure what to declare, or whether/when your declaration
needs to be updated, please err on the side of caution. If you would like to
discuss this issue, please contact the Secretary for confidential guidance.
Interests will be recorded on the Association’s register of interests, which
will be maintained by the Secretary. The register will be accessible on request
by any member of the Association and our auditors.
Data Protection
The information provided will be processed in accordance with data
protection principles as set out in the Data Protection Act 1998. Data will be
processed only to ensure that Trustees and staff act in the best interests of
the Association. The information provided will not be used for any other
purpose.
What to do if you face a conflict of interest
If you are a user of the Association’s services, or the carer of someone who uses these services, you should not be
involved in decisions that directly affect the service that you, or the person
you care for, receives. You should declare your
interest at the earliest opportunity and withdraw from any subsequent
discussion.
The same applies if you face a conflict for any other reason. You may, however, participate in discussions
from which you may indirectly benefit, for example where the benefits are
universal to all users, or where your benefit is minimal.
If you fail to declare an interest that is known to the Secretary and/or
the Chair, the Secretary or Chair will declare that interest.
Decisions taken where a Trustee or member of staff has an interest
In the event of the Trustees having to decide upon a question in which a
Trustee or member of staff has an interest, all decisions will be made by vote,
with a two thirds majority required. A quorum must be present for the
discussion and decision; interested parties will not be counted when deciding
whether the meeting is quorate.
Interested board members may not vote on matters affecting their own
interests. They must absent themselves from the discussion.
All decisions under a conflict of interest will be recorded by the
Secretary and reported in the minutes of the meeting. The report will record:
Independent external moderation will be used where conflicts cannot be
resolved through the usual procedures through a Special General Meeting or AGM
or, if necessary, an independent arbitration service.
Members who routinely seek, or are awarded, contracts with the
Association must not be Trustees of the Association. This would apply, for
example, to community artists who regularly provide workshops or other
services, or contractors who regularly provide site services for the Maindee
Festival.
In exceptional circumstances, it may be that it is in the best interests
of the Association for an existing Trustee to be considered for the award of a
“one off” contract by the Association. In such instances they must take no part
in their own selection as contractor, must resign as a Trustee prior to the commencement
of any negotiation of the contract and cannot be re-appointed during the period
of the contract or prior to a subsequent General Meeting of the Association.
Managing contracts
If you have a conflict of interest, you must not be involved in managing
or monitoring a contract in which you have an interest. Monitoring arrangements
for such contracts will include provisions for an independent challenge of
bills and invoices, and termination of the contract if the relationship is
unsatisfactory.
FIRST ISSUE DATE: September 2008
POLICY LAST
REVIEWED: October 2009
MFA
Chairperson
Name________________________Signed _________________________ Date
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Maindee
Festival Association
6. POLICY ON RECRUITMENT
OF PEOPLE WITH A CRIMINAL RECORD
This policy applies to Trustees,
members and staff of Maindee Festival Association
Why do we need this policy?
In 2008 we decided that, as the Association works closely with children,
young people and vulnerable adults, we would require Trustees and any future
employees of the Association to be CRB checked. These checks are administered
on our behalf by the Welsh Council for Voluntary Organisations. We are grateful
to WCVA for the advice they have provided to us in developing this policy.
How does this policy relate to other
policies?
Our Equal Opportunities Policy states that “no employee or member of
the Association, festival visitor or participant in any event organised by the
Association shall experience more or less favourable
treatment on the grounds of ability, gender, sexual orientation, marital
status, family responsibility, age, race, colour,
ethnic origin, nationality, trade union membership and activity, political or
religious beliefs”.
This policy on
recruitment builds on our equal opportunities policy by including “an offending
background” as an additional ground on which we would not discriminate against
a person, unless this would create risk to children, young people or vulnerable
adults.
This is to
support the more effective working of our Safe Children, Young People and Vulnerable Adults Policy,
which states that “Maindee Festival Association will take all
reasonable steps to ensure the safety of all children, young people & vulnerable
adults participating in pre-festival workshop, the street parade and all
Maindee Festival events”.
.
Background
The Recruitment of Offenders Act (ROA)
1974 was introduced to ensure that ex-offenders who have not re-offended for a
period of time since the date of their conviction are not discriminated against
when applying for jobs.
The
Act allows that ex-offenders are no longer legally required to disclose to
organisations convictions that have become ‘spent’
However in order to protect certain
vulnerable groups within society, there are a large number of posts and
professions that are exempted from the Act and additionally include employment
within positions of trust. In such cases, organisations are legally entitled to
ask applicants for details of all convictions, whether unspent or spent.
Corporate responsibility
Maindee
Festival Association is determined to make all efforts to prevent
discrimination and other unfair treatment against any of its Trustees, members,
staff, potential staff or users of our service regardless of any offending
background, unless this creates risk to children, young people and vulnerable
adults
Maindee
Festival Association will ensure that that any criminal record information
given by an individual is kept confidential and according to the requirements
of the Data Protection Act, and, where appropriate, CRB Code of Practice
Does having a criminal record
prevent a person from working for the Association?
No, having a criminal record will
not necessarily bar you from working with us. This will depend on the nature of
the position and the circumstances and background of your offences.
Maindee
Festival Association’s Code of Practice
The
Association’s Equal Opportunities and Recruitment of ex-offenders policies are
made available to all applicants at the start of the recruitment process.
Maindee
Festival Association actively promotes equality of opportunity and welcomes
applications from a wide range of candidates including those with criminal
records.
Applicants
with criminal records should be treated according to their merits and in
conjunction with any special criteria for the post (e.g. caring for children
and vulnerable adults, which debars some in this category).
The
Association will ensure that all those within the organisation who are involved
in the recruitment process have been suitably trained to identify and assess
the relevance and circumstances of offences. We also ensure such staffs have
received appropriate guidance and training in the relevant legislation relating
to the employment of ex-offenders e.g. the Rehabilitation of Offenders Act
1974.
Unless
the nature of the position entitles the Association to ask questions about an
applicant’s entire criminal record, then we only ask about ‘unspent’
convictions as defined in the Rehabilitation of Offenders Act 1974. This
information is requested at the initial application stage.
A Disclosure is only requested after a thorough risk
assessment has indicated that one is both proportionate and relevant to the
position concerned. For those positions where a Disclosure is required, all
application forms, job adverts and recruitment briefs will contain a statement
that a Disclosure will be requested in the event of an individual being conditionally
offered the position.
Where a Disclosure is to form part of the
recruitment process, The Association will encourage all applicants called for
interview to provide details of their criminal record at an early stage in the
application process and before Disclosure is undertaken. For such positions,
the Association will request that this information is volunteered by the
applicant and is sent under separate, confidential cover to a designated person
within the Association.
The Association will guarantee that this information
is strictly confidential and only seen by those who need to see it as part of
the recruitment process.
At interview or in a separate discussion, the Association
will ensure that an open and measured discussion takes place on the subject of
any offences or other matter revealed by the applicant and/or through
Disclosure, if undertaken, that might be relevant to the position. Failure to
reveal information that is directly relevant to the position sought could lead
to withdrawal of a conditional offer of employment.
If an applicant reveals a serious criminal record,
the recruiter within the Association will consult with another appropriate
Trustee. A decision to reject an applicant because of, or partly because of, a
criminal record should relate to an aspect of person specification which is
seen to be unmet. If possible, in these circumstances, the Association will
advise the applicant why their application has been unsuccessful.
Maindee Festival Association will make every
applicant for a position that is subject to a Disclosure, aware of the
existence of CRB Code of Practice and make a copy available on request.
FIRST ISSUE
DATE: October 2008
POLICY LAST
REVIEWED: October 2009
MFA Chairperson
Name________________________Signed _________________________ Date
------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maindee
Festival Association
Why do we need this policy?
The Data Protection
Act gives you the right to know what information is held about you, and sets
out rules to make sure that this information is handled properly.
It requires all
organisations that hold information of individuals to have a data protection
statement and an appropriate policy in place.
Until 2009
we had no need to store any personal information on any individual, other than
a simple mailing list of members and supporters. So our data protection
statement was simply “We do not need to keep
records on you – so we don’t!”
In 2008 we decided that, as the Association works closely with children,
young people and vulnerable adults, we would require Trustees and any future
employees of the Association to be CRB checked. As part of the checking
process, the Association will receive information about the person’s previous
criminal convictions.
Because of the sensitivity of this data, this policy has been developed
to explain our general approach to data protection and out specific approach to
data on a subject’s criminal convictions.
We are grateful to WCVA for the advice they have provided to us with the
development of this policy.
Our public data protection
statement
·
The only personal records we keep, either on
paper or electronically, are a simple address list of supporters.
·
These include the e:mail addresses of people who contact us by e:mail, or who give us their e:mail
address so that we can keep in touch.
·
From time to time, we may send you a letter or e:mails to tell you about the
activities of the Association or other relevant news.
·
Your contact details and e:mail
address are never passed on to other organisations.
·
We try to ensure that general e:mails sent out to you and others
do not reveal your e:mail address to others.
·
If you do not want to receive any
information from us, or we are accidentally spamming you, please get in touch and
we will take you off our contact list.
·
If you are concerned that you think we may be abusing the
information we have about you, or are fed up with spam mail you get from us,
you can make a complaint to the Information Commissioner at http://www.informationcommissioner.gov.uk
·
This statement and our data protection
policy will be available on our website
at www.maindee.org
Background to our
policy on correct handling and safekeeping of Disclosure information.
In 2008 we decided that, as the Association works closely with children,
young people and vulnerable adults, we would require Trustees and any future employees
of the Association to be CRB checked.
The outcome of this check is that we will receive “disclosure
information” about those person’s previous offending
histories. This information will be used to consider whether the person is
either suitable or unsuitable for appointment.
In most cases disclosure information received can be quickly and
securely destroyed. There may be cases
though when we would need to retain this information for a short period.
Because of the sensitivity of this data, our data protection policy was
reviewed in 2008 to ensure compliance with the CRB Code of Practice
CRB Code of
Practice
All
organisations using the Criminal Records Bureau (CRB) Disclosure Service to
help assess the suitability of applicants for positions of trust and who are
recipients of Disclosure information must comply fully with the CRB Code of
Practice.
The
Code places an obligation on such organisations to have a written policy on the
correct handling and safekeeping of Disclosure information.
You
can download the full CRB code of Practice here: http://www.crb.gov.uk/PDF/code_of_practice.pdf
Maindee Festival
Association’s policy statement on the CRB Code of Practice
Maindee
Festival Association complies fully with the CRB Code of Practice regarding the
correct handling, use, storage, retention and disposal of Disclosures and
Disclosure information.
Maindee
Festival Association complies fully with its obligations under the Data
Protection Act and other relevant legislation pertaining to the safe handling,
use, storage, retention and disposal of Disclosure information and has a
written policy on these matters, which is available to those who wish to see it
on request.
Our Code of
Practice
§
Usage: Disclosure information
is only used for the specific purpose for which it was requested and for which
the applicant’s full consent has been given.
§
Retention: Once a recruitment (or other
relevant) decision has been made, Maindee Festival Association will not keep
Disclosure information for any longer than is absolutely necessary. This will
never be for a period of more than six months, and
only then to allow time for the consideration and resolution of any disputes or
complaints.
§
Disposal: As soon as possible, Maindee Festival
Association will ensure that any Disclosure information is immediately
destroyed by secure means i.e. by shredding, pulping or burning.
§
While awaiting destruction, Disclosure information will not
be kept in any insecure receptacle (e.g. waste bin or confidential waste sack).
§
Maindee Festival Association will not keep any photocopy or
other image of the Disclosure or any copy or representation of the contents of
a Disclosure.
§
However, notwithstanding the above, Maindee Festival
Association will keep a record of the date of issue of a Disclosure, the name
of the subject, the type of Disclosure requested, the position for which the
Disclosure was requested, the unique reference number of the Disclosure and the
details of the recruitment decision taken.
FIRST ISSUE
DATE: October 2008
POLICY LAST
REVIEWED: October 2009
MFA Chairperson
Name________________________Signed _________________________ Date
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