Safeguarding Policy

Introduction

The Foundation fulfils its charitable purposes primarily by making grants to other charities. Whilst unlikely, it is possible that some of the Foundation's trustees, its administrative staff ('staff') and volunteers may come into contact with people who are at potential risk of harm, including children and adults at risk of harm. For these purposes, “children” are defined as those under the age of 18, and “adults at risk” are defined as those who "are or may be in need of community care services by reason of mental disability, sensory impairment, age or illness; and who is or may be unable to take care of him/herself, or unable to protect him/herself against significant harm or exploitation".  Further, the Charity Commission's guidance notes that "safeguarding goes beyond preventing physical abuse, and includes protecting people from harm generally, including neglect, emotional abuse, exploitation, radicalisation, and the consequences of the misuse of personal data."

The purpose of this policy is to provide trustees, staff and volunteers with the overarching principles that guide our approach to safeguarding. The Foundation will take appropriate steps to safeguard and promote the well-being and welfare of the Foundation’s beneficiaries, and all who come into contact with the Foundation (ensuring that the approach taken is proportionate to the Foundation’s activities)  and will take reasonable steps to ensure that no-one who comes into contact with the Foundation comes to harm as a result. It also outlines the actions that trustees, staff and volunteers are required to take when dealing with safeguarding concerns. All trustees, staff and volunteers are expected to comply with this policy, and a failure by any individual associated with the Foundation to adhere to this policy will be dealt with as a serious matter. 

This policy will be published on the Foundation’s website and will be available to all trustees, staff and volunteers including those on induction, and to all grant recipients of the Foundation. 

Simon Conway is the individual at the Foundation with responsibility for overseeing safeguarding matters (‘Designated Safeguarding Lead’ or ‘DSL’) and Thiago Carvalho will act as his deputy (‘Deputy DSL’ or ‘DDSL’).  Their contact details are at the end of this document.

This policy should be read in conjunction with the relevant Local Safeguarding Partnership’s Safeguarding Policy and Procedures, and any relevant Practice Guidance issued by it.

Policy Statement

The Foundation is committed to safeguarding the well-being of all individuals who come into contact with the Foundation and its activities.  We commit to ensure:

  • All concerns or suspicions of a safeguarding nature arising in the course of the Foundation's work will be taken seriously and responded to swiftly and appropriately. 

  • All trustees, staff and volunteers are clear about their safeguarding responsibilities and know how to respond to concerns appropriately.

  • All children and at risk adults, regardless of gender, age, ethnicity, disability, sexuality or beliefs have the right to protection from all types of harm or abuse and the right to be treated with respect and dignity.

  • We conduct appropriate and proportionate due diligence on all grant recipients to ensure that the organisations and individuals funded by the Foundation have safeguarding policies and procedures that are fit for purpose given the nature of their work and the manner in which it is conducted. 

  • We have effective complaints measures in place. 

  • We create and maintain an anti-bullying environment and ensure that any bullying that does arise is dealt with effectively. 

  • All personal information is recorded and stored professionally and securely and in accordance with the Foundation’s Data Protection Policy. 

  • All staff,  the DSL and DDSL receive regular safeguarding training.

Accountability and responsibility

Ultimate responsibility for this policy lies with the trustees.  

All trustees, staff and volunteers have duties in relation to safeguarding and to know what action to take if an individual is at risk as a result of issues arising in the course of the Foundation's work.  It is essential that all trustees, staff and volunteers:

  • Take all reasonable steps to ensure that they do not have unsupervised contact with children or vulnerable adults during the course of working for the Foundation; 

  • Consider and assess any potential safeguarding issues when planning new activities and when assessing any potential grantees; and 

  • Report any safeguarding concerns promptly to the DSL or DDSL.

The Foundation will ensure that appropriate procedures are in place for keeping records of any safeguarding concerns reported, with due regard to confidentiality and for monitoring areas of activity in which safeguarding concerns have arisen. 

This policy will be kept up to date to reflect changes in legislation/best practice and will be reviewed annually by the Trustees.

Code of Conduct (Safeguarding)

All trustees and other individuals who are associated with the Foundation should in the course of the Foundation’s activities:

  • avoid: any unnecessary physical contact with children and adults at risk  and, wherever possible, situations which may lead to their behaviour towards them being misinterpreted by others, and report and record any incident with this potential;

  • always: treat everyone with respect; respect a person's right to privacy; and recognise and allow for the needs of people with learning difficulties and/or disabilities;

  • always: report any safeguarding concerns or allegations in accordance with this policy.

How to report a concern

If a child or adult at risk is in immediate danger, or there is an immediate threat of harm, a referral should be made to the Local Authority and/or Police immediately. If a situation is urgent or immediately dangerous, or a life is at risk contact the police on 999.

If a trustee or other individual associated with the Foundation has (i) a safeguarding concern or allegation relating to a child or adult at risk, or (ii) a safeguarding concern or allegation in relation to the behaviour of an individual associated with the Foundation towards a child or adult at risk, they must not investigate it themselves, and should:

  1. report this to the DSL immediately (although in an emergency anyone can make a referral to the Local Authority or Police. However, if anyone other than the DSL makes a referral, they should inform the DSL as soon as possible). If the DSL is absent, the concern or allegation should be made to the DDSL instead. If the safeguarding concern or allegation relates to the DSL, it should be reported to a Trustee of the Foundation; and

  2. as soon as reasonably practicable, and within 24 hours, provide the DSL (or where applicable, the DDSL) with a clear and accurate written record of the information (where possible in the child/adult’s own words, where a disclosure has been made by them) including the time, date and place of the incident(s), persons present and what was said, which should be signed and dated. 

If a trustee or other individual associated with the Foundation has (i) a safeguarding concern or allegation relating to a child or adult at risk, or (ii) a safeguarding concern or allegation in relation to the behaviour of an individual associated with a grant recipient towards a child or adult at risk, they must not investigate it themselves, and should report it immediately: 

  1. to the appropriate individual identified in, and in accordance with, the grant recipient’s own safeguarding policy and procedures; and 

  2. the Foundation’s DSL, or if the DSL is absent, the DDSL. The Foundation’s DSL (or where applicable, the DDSL) will liaise with the relevant individual at the grant recipient to ensure that appropriate steps are taken in response to the safeguarding concern or allegation, and to ensure that the Foundation complies with its own reporting obligations as set out in this policy.

If a child or adult at risk makes an allegation of abuse or mistreatment by anyone (whether or not that individual is associated with the Foundation), the child or adult at risk should be listened to and given reassurance but should not be probed or asked leading questions.  Questions should be limited to the minimum necessary for clarification. 

No guarantee of confidentiality should be given to the child or adult at risk; instead they should be informed that the matter will be reported (internally) in confidence to the appropriate person/people (as appropriate) in a position of responsibility.

The Foundation will in turn take any necessary action which may include:

  • reporting it to the Trustees and members of staff if deemed necessary.

  • reporting it to the Charity Commission as a serious incident (see more below)

  • reporting it to the police and/or local authority and/or other relevant agencies or regulators where there is reasonable cause to suspect that a child or adult at risk is in need of additional help or is suffering, or is likely to suffer, significant harm 

  • plan what to say to staff, volunteers, members, the public, the media and other stakeholders, such as funders

  • review what happened and prevent it from happening again – this may include reviewing internal controls and procedures, internal or external investigation and/or seeking appropriate help from professional advisers

Charity Commission Reporting

Where appropriate, according to the particular facts and circumstances of a safeguarding concern or allegation raised, the Foundation will consider whether to make a serious incident report to the Charity Commission in accordance with its guidance.

When deciding what to report, one can refer to the Government’s guidelines accessible on their website under the title: “How to report a serious incident in your charity”. Examples of what to report are accessible from the Charities Commission here.

Safe recruitment, selection and vetting

The Foundation will ensure that all appropriate checks are carried out on trustees, employees, volunteers and individuals associated with the Foundation (if/as appropriate) – including DBS checks (where applicable), checking references, requiring proof of identity and relevant qualifications, and carrying out a face to face interview.

The Foundation will ensure (where necessary) that due diligence carried out, and monitoring and reporting requirements in relation to any grant applicants/recipients will include consideration of their safe recruitment, selection and vetting of individuals associated with the relevant organisation, and seek evidence of the same, if/as appropriate.

Under no circumstances will any individual who is associated with the Foundation and considered to pose a risk to children or adults at risk be deployed to work or volunteer with these groups.  

The Foundation complies fully with the DBS Code of Practice and undertakes to treat all applicants for positions fairly, and not to discriminate unfairly against any subject of a criminal record check on the basis of a conviction or other information revealed.

The categories of data we collect

We may collect the following categories of personal data about you:

  • Your name and contact information such as your address, email address and telephone number (and, on an ongoing basis, any change in your contact details). We will treat your communications confidentially and will not disclose information outside our organisation except where necessary to respond to your enquiry, or with your explicit agreement;

  • To a limited extent and only occasionally, medical information such as dietary requirements where we require this information to provide catering services to you at our events;

  • Information concerning your engagement with the Foundation, including records of communications between you and us and your attendance at events and meetings organised by the Foundation;

  • Gift Aid declaration and related financial information, where relevant (for example, where we process donations); and

  • Your opinion and feedback in relation to any surveys or questionnaires issued by the Foundation that you complete, such as feedback on our charitable services and events.

Contact details

Designated Safeguarding Lead: Simon Conway, 02076648950, safeguarding@theampersandfoundation.com

Deputy Designated Safeguarding Lead: Thiago Arruda de Carvalho, 020 7664 8922, thiago@theampersandfoundation.com

Police (emergency): 999

Police (non-emergency): 101

NSPCC helpline: 0808 800 5000