Child protection and welfare

HALIFAX RUFC Child Protection Policy - 2008-2009

Halifax Rugby Union Football Club - here after called HRUFC - has a duty of care to safeguard all children involved in HRUFC from harm. All children have a right to protection, and the needs of disabled children and others who may be particularly vulnerable must be taken into account. HRUFC will ensure the safety and protection of all children involved in HRUFC through adherence to the Child Protection Policies adopted by HRUFC.

Policy aims

The aim of HRUFC Child Protection Policy (CPP) is to promote good practice:

• Providing children and young persons with appropriate safety and protection whilst in the care of HRUFC.
• Allow staff/volunteers to make informed and confident responses to specific child protection issues.

Staff / volunteers

All staff / volunteers in contact with players under the age of 18 shall have a full Criminal Records Check. HRUFC Child Protection Officer will undertake annual checks on staff status.

Good practice guidelines

All personnel should be encouraged to demonstrate exemplary behaviour in order to protect themselves from false allegations. HRUFC adopts the following as our policy for the protection of the child and personnel:

• We will always work in an open environment (e.g. avoiding private or unobserved situations and encouraging open communication with no secrets).
• We will treat all young people equally and with respect and dignity.
• We will always put the welfare of each young person first, before winning or achieving goals.
• We will maintain a safe and appropriate distance with players.
• We will build balanced relationships based on mutual trust which empowers children to share in the decision making process.
• We will make rugby fun, enjoyable and will promote fair play.
• We will ensure that any if form of manual/physical support is required, it should be provided openly and according to guidelines provided by the Coach Education Programme and the RFU.
• Rugby by its very nature is a contact sport therefore we acknowledge that care is needed, as it is difficult to maintain hand positions when the child is moving. Young people will always be consulted and their agreement obtained.
• We will obtain the views of the parents and/or guardians of the individual child regarding physical contact prior to the commencement of training.
• We undertake to keep up to date with technical skills, qualifications and insurance in sport.
• We will involve parents/guardians wherever possible. However parents/guardians will not be allowed into the changing rooms when other children are present.
• If a large group needs supervising then it will be acceptable for a designated number of parents only to assist. Coaches and officials will always work in pairs and a staff member must always be in attendance if a parent is present in the changing areas.
• Only same gender parents will be allowed in the changing rooms.
• We undertake to take both male and female member of staff to accompany the players if mixed teams are taken away.
• We will ensure that at tournaments or residential events, adults should not enter a child’s room or invite children into their rooms.
• We will undertake to provide excellent role models - this will include not smoking or drinking alcohol in the company of young people.
• We will give enthusiastic and constructive feedback rather than negative criticism.
• HRUFC will recognise the developmental needs and capacity of the young person and will avoid excessive training or competition and will not push the child against his/her will.
• HRUFC will secure parental consent in writing to act in loco parentis, if the need arises to administer emergency first aid and/or other medical treatment.
• HRUFC will keep a written record of any injury that occurs, along with the details of any treatment given.
• We will request written parental consent if club officials are required to transport young people in their cars.

Practices to be avoided

The following should be avoided except in emergencies. If cases arise where these situations are unavoidable it should be with the full knowledge and consent of someone in charge in the club or the child’s parents. For example, a child sustains an injury and needs to go to the hospital, or a parent fails to arrive at the end of a session:

• Avoid spending excessive amounts of time alone with children away from others.
• Avoid taking or dropping off a child to an event.

Practices NEVER to be sanctioned

We will ensure that the following never happen:

• Staff will never engage in rough, physical or sexually provocative games, including horseplay.
• Adults will never share a room with a child
• Adults will not allow or engage in any form of inappropriate touching
• Children will be challenged when using inappropriate language
• Adults will not make sexually suggestive comments to children, even in fun
• Coaching / support staff will not reduce a child to tears as a form of control
• Allegations made by a child will not be allowed to go unchallenged, unrecorded or not acted upon
• Staff will not do things of a personal nature for the children, that they can do themselves
• Staff will not invite or allow children to stay at their home unsupervised

It may sometimes be necessary for staff or volunteers to do things of a personal nature for children, particularly if they are young. These tasks should only be carried out with the full understanding and consent of parents/guardians and the players involved. There is a need to be responsive to a person’s reactions. If a person is fully dependent on you, talk to him/her about what you are doing and give choices where possible. This is particularly so if you are involved in any dressing or undressing of outer clothing or where there is physical contact, lifting or assisting a child to carry out particular activities. Avoid taking on the responsibility for tasks for which you are not appropriately trained.

Incidents which MUST be reported and recorded

If any of the following occur, the incident will be reported to another staff member and a record will be made of the incident. HRUFC undertakes to ensure that the parents/guardians of the child will be informed:

• If a member of coaching or a volunteer accidentally hurts a player.
• If a player is distressed in any manner.
• If a player appears sexually aroused by a member of staff’s actions.
• If a player misunderstands or misinterprets something that is said or done by a member of staff.

Use of photographic/filming equipment at sporting events

HRUFC acknowledges evidence that some people have used sporting events as an opportunity to take inappropriate photographs or film footage of young people in vulnerable positions. All club members, staff and volunteers are urged to be vigilant and any concerns should be reported to the Club Child Protection Officer.

Videoing as a coaching aid: there is no intention to prevent coaches from using video equipment as a legitimate coaching aid. However, players and their parents shall be made aware of this element of coaching and such films should be stored safely. Consent in writing will be required by both players and their parents.

Responding to allegations or suspicions

It is not the responsibility of anyone working in or for HRUFC in a paid or unpaid capacity to decide whether or not child abuse has taken place. However all staff and members have a responsibility to act on any concerns through contact with the appropriate authorities.

HRUFC will assure all staff/volunteers that it will fully support and protect anyone, who in good faith reports his or her concern that a colleague is, or maybe, abusing a child.

Where there is a complaint against a member of staff there may be three types of investigation:

• A criminal investigation,
• A child protection investigation,
• A disciplinary or misconduct investigation.

The results of the police and child protection investigation may well influence the disciplinary investigation, but not necessarily.

Action if there are any concerns

1. Concerns about poor practice:

• If, following consideration, the allegations is clearly about poor practice, the Club CPO will deal with it as a misconduct issue
• If the allegation is about poor practice by the club CPO, or the matter has been handled inadequately and concerns remain, It will be reported to the relevant Child Protection Officer at the RFU who will decide how to deal with the allegation and whether or not to initiate disciplinary proceedings.

2. Concerns about suspected abuse.

• Any suspicion that a child has been abused by either a member of staff or a volunteer should be reported to the CPO, who will take such steps as considered necessary to ensure the safety of the child in question and any other child who may be at risk.
• The CPO will refer the allegation to the social services department who may involve the police, or go directly to the police if out-of-hours.
• The parents or guardians of the child will be contacted as soon as possible following advice from the social services department.
• The CPO will also notify the RFU officer and the RFU Child protection Officer.
• If the club CPO is the subject of the suspicion/allegation, the report must be made to the appropriate manager or in his absence, the RFU Child Protection Officer who will refer the allegation to the social services.

Confidentiality

Every effort will be made to ensure that confidentiality is maintained for all concerned. Information will be handled and disseminated on a need to know basis only. This includes the following people:

• The club Child Protection Officer.
• The parents of the person who is alleged to have been abused.
• The person making the allegation.
• Social services
• West Yorkshire Police
• Halifax RUFC Regional Development Officer and RFU Child Protection Officer.
• The alleged abuser (and the parents if the abuser is a child).

Advice will be sought from Social services and/or the Police about who should approach the alleged abuser.

Information will be stored in a secure place with limited access to designated people, in line with data protection laws (e.g. that information is accurate, regularly updated, relevant and secure).

Internal Enquires and Suspension

• The HRUFC CPO will make an immediate decision about whether any individual accused of abuse should be temporarily suspended pending further police and social services inquiries.
• Irrespective of the findings of the findings of the social services or police inquiries the HRUFC Disciplinary Committee will assess all individual cases to decide whether a member of staff or volunteer can be reinstated and how this can be sensitively handled. This may be a difficult decision; particularly where there is insufficient evidence to uphold any action by the police. In such cases, HRUFC Disciplinary Committee will reach a decision based upon the evidence available which could suggest that on a balance of probability, it is more likely than not that the allegation is true. The welfare of the child will remain of paramount importance throughout.

Support to deal with the aftermath of abuse:

• Consideration will be given to the kind of support that children, parents and members of staff may need.
• Consideration will be given to the kind of support that may be appropriate for the alleged perpetrator.

Allegations of Previous Abuse

Allegations of abuse may be made some time after the event (e.g. by an adult who was abused as a child or by a member of staff who is still currently working with children).

Where the allegation is made, the club will follow the procedure as detailed above and report the matter to social services or the police. This is because other children, either within or outside sport, may be at risk from this person. Anyone who has a previous criminal conviction for offences related to abuse is automatically excluded from working with children. This is reinforced by The Protection of Children Act 1999 - available from the CPO.

Action if Bullying is Suspected

If bullying is suspected, the same procedure will be followed as set out in "Responding to suspicions or allegations" above.

Halifax RUFC will take the following action to help the victim of bullying and prevent bullying in sport:

• We will take all signs of bullying very seriously.
• We will encourage all children to speak and share their concerns (It is believed that up to 12 children per year commit suicide as a result of bullying)
• If we hear anyone talking of suicide as a result of bullying, we will act swiftly to seek professional help for the child.
• We will encourage an open environment in which young people will feel safe to speak to the person in charge or a person in authority.
• We will investigate all allegations and take action to ensure that the victim is safe. We will speak to both the victim and the bully (ies) separately.
• We will reassure the victim that we can be trusted and we will help them. We will not make promises to not tell anyone else.
• We will keep records of what is said (what happened, by whom, when).
• We will report all concerns to the Child Protection Officer or the school (wherever the bullying is taking place)

Action towards the bully(ies)

• We will talk to the bully(ies), explain the situation, and try to get the bully(ies) to understand the consequences of their behaviour. We will seek an apology to the victim.
• We will inform the bully’s parents/guardians.
• We will provide support for the victim’s coach.
• We will impose sanctions as necessary.
• We will encourage and support the bully(ies) to change behaviour.
• We will hold meetings with the families to report on progress.
• We will inform all organisation members of action taken.
• We will keep a written record of action taken.

Concerns outside the immediate sporting environment (e.g. parent or carer)

• All concerns must be reported to the club CPO, who should contact social services or the police as soon as possible.
• The staff member or volunteer raising the concern must complete an information sheet as both a record of their concern and to provide information to social services or the police. These forms are available from the CPO.
• If the CPO is not available, the person being told of or discovering the abuse should contact social services or the police immediately.
• Social Services and the CPO will decide how to involve the parents/guardians.
• The club CPO will also report the incident to HRUFC governing body i.e. The RFU. The RFU will ascertain whether or not the person/s involved in the incident play a role in HRUFC and will act accordingly.
• Confidentiality will be maintained on a need to know basis only.

APPENDIX ONE

-The following is a summary of the Law relating to Children re. Halifax RUFC Bar. Provided the Children are accompanied by an Adult, the Law allows them to enter the Bar Area. It does not allow them to purchase drinks from the Bar.

The following is a guide to The Licensing Act 2003 - Children.

This information is provided as guidance only and is not intended to be either a comprehensive nor exhaustive explanation of the requirements and obligations arising out of the Licensing Act 2003. It is the responsibility of the applicant / licensee to become acquainted with and observe the statutory requirements in respect of all activities, entertainments and undertakings the subject of any licensing application.

Licensing objectives

The Act provides four statutory objectives which must be addressed when licensing functions are undertaken. These are:

• The prevention of crime and disorder;
• Public safety
• The prevention of public nuisance
• The protection of children from harm

The protection of children from harm is one of the four licensing objectives that underpin the Licensing Act 2003.

The new licensing regime aims to close the loopholes and inadequacies of current law in relation to children, while allowing under 18s to experience the atmosphere of licensed premises in a family friendly, safe environment. The Act requires that all licensed premises and clubs, set out in their operating schedules, the steps proposed to be taken to promote the licensing objectives, including the protection of children from harm.

The new regime allows the council to attach conditions relating to children's access to reflect the individual nature of each establishment where relevant representations are made by a responsible authority or interested party. Where there is no risk of harm, there is no need for conditions. Where there is a genuine danger, for example through underage drinking, drug dealing or entertainment of an adult nature, the Council is able to impose necessary conditions on the licence or certificate to provide the fullest possible safeguards for the protection of children.

Offences under the Licensing Act 2003 relating to children

• It is an offence to allow an unaccompanied child under 16 onto premises holding a premises licence or a club premises certificate or a temporary event notice that are used exclusively or primarily for the supply of alcohol. In effect, this would apply to most pubs and bars where restaurant and food facilities are not provided as a permanent feature or attraction. It follows that premises used primarily as restaurants would be exempt from this requirement;
• It is an offence to allow an unaccompanied child under 16 to be on premises holding a premises licence or a club premises certificate or a temporary event notice between the hours of midnight and 5.00am when the premises are open for the supply of alcohol;
• It is an offence for any person to sell alcohol to under-18's (but see exemption below);
• It will be an offence for an under-18 to buy or attempt to buy alcohol;
• It is an offence to send an under-18 to buy alcohol;
• It is an offence to knowingly deliver alcohol to an under-18;
• It is an offence to purchase, or attempt to purchase, alcohol for an under-18;
• It is an offence to sell liqueur confectionery to an individual aged under 16;
• It will be offence for an under-18 knowingly to consume alcohol on premises holding a premises licence or a club premises certificate or a temporary event notice.

16 - 17 year olds

An exception to consuming alcohol is provided for an accompanied individual aged 16 or 17 where the alcohol is beer, wine or cider to be consumed with a table meal.

Do the prohibitions on unaccompanied children aged under-16 extend to beer gardens or outside terraces?

Yes. One of the major changes in the Act is for the first time the licensing laws will extend to the whole of the premises rather than just the 'bar area' as was previously the case. The sale or supply of alcohol anywhere on relevant premises to anyone aged less than 18 years will be prohibited and will be a prosecutable offence; as will the consumption of alcohol by an individual under 18 anywhere on relevant premises.

Will children aged under 16 be allowed to buy and consume soft drinks in any premises?

The purchase and consumption of soft drinks are not licensable activities. However, the offence provisions relating to certain categories of premises may mean that unaccompanied children under 16 may not have access to those premises even to buy and consume soft drinks.

Will the legal drinking age still be 18?

Yes. This remains unchanged under the Act.

Will licensees or members of a club be liable for prosecution for selling or supplying alcohol to children if they have genuine reason to believe that a child is over 18?

The Act provides that where a person is charged with the offence of selling, or a club supplying, alcohol to a child under 18, it is a defence that he believed the individual was 18 or over and either he had taken all reasonable steps to establish the individual's age, or that nobody could reasonably have suspected that the individual was aged under 18.

The Act defines 'reasonable steps' as asking the individual for evidence of his age and that evidence would have convinced a reasonable person. However, if the steps taken are shown to be inadequate, for example the proof of age is obviously forged or belongs to someone else; this defence will not be applicable.

How will the changes to the law affect events such as under 18 discos held in nightclubs?

It will be unlawful under the Act to allow unaccompanied children aged under 16 years into relevant premises between midnight and 5.00am where alcohol is supplied for consumption on the premises. In effect, this will apply to many nightclubs as they operate longer hours and have alcohol for sale after midnight.

Where licensees or clubs stage under-18 discos, it is necessary to include the activity in their operating schedule, including descriptions of the measures proposed to promote the protection of children from harm objective.

What does 'accompanied by an adult ' mean?

Under the terms of the Act, a child is defined as being accompanied by an adult if they are in the company of an individual aged 18 or over. If it is discovered that unaccompanied children under 16 are on premises restricted to them, the licensee or club will be liable for prosecution.

What restrictions can be placed on a Premises Licence or Club Premises Certificate relating to children's access?

The restrictions placed on a licence or certificate will vary according to the individual circumstances of the premises or club and any representations made by responsible authorities and interested parties and in all cases will be subject to the test of being necessary for the promotion of any of the licensing objectives.

Every application for a Premises Licence or a Club Premises Certificate must be accompanied by an operating schedule setting out the measures it is proposed to take to promote the protection of children from harm. Where representations are made by a responsible authority or interested party, the Council may place conditions on the licence relating to times, ages of the children, and any other measures they deem to be necessary to protect children.

In the Secretary of State's Guidance to licensing authorities, three tiers of suitability are outlined:

• For premises that have known associations with activities that could be harmful to children, there will be a strong presumption against allowing children to have access at any time.
• For premises that do not serve alcohol for consumption on the premises, but are open later than 11.00pm, there will be a presumption that unaccompanied children under 12 should not be there after that time.
• For all other premises, there will be the expectation that there will be unrestricted access for children.

Author Terri Walker
Created 02.08.2007. Reviewed and updated 01.09.2008

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