Soumik Datta Arts
Safeguarding Policy & Procedures

1. Key Personnel

The designated SDA Safeguarding Person is:

Oliver Carruthers, Executive Director

Tel: 07949 943309

Email: ocarruthers@yahoo.co.uk

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The two designated SDA Deputy Safeguarding People and Board Representatives are:

Tana Wollen

Tel: 07810 378809

Email: tana.wollen@gmail.com

Alys Jones

Tel: 07891 323229

Email: alys.jones23@hotmail.com

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Document created by Oliver Carruthers, Executive Director September 2021

Document reviewed and updated by SDA Executive Team and the SDA Board September 2022

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2. Policy Statement

The purpose of this policy is to protect people from any harm that may be caused due to their coming into contact with Soumik Datta Arts.  

This includes harm arising from: 

• The conduct of staff or personnel associated with Soumik Datta Arts
• The design and implementation of Soumik Datta Arts’s programmes and activities 

The policy lays out the commitments made by Soumik Datta Arts, and informs staff and associated personnel of their responsibilities in relation to safeguarding. 

This policy does not cover safeguarding concerns in the wider community not perpetrated by Soumik Datta Arts or associated personnel.

Scope

• All staff contracted by Soumik Datta Arts

• Associated personnel whilst engaged with work or visits related to Soumik Datta Arts, including but not limited to the following: practitioners, consultants; volunteers; contractors; programme visitors.
• Work created by Soumik Datta Arts that is presented in real life or online 

Context and mission

Soumik Datta Arts is a charity that delivers strong programmes of artist-led activities, bringing communities together to address urgent social and environmental issues. We

• create platforms for new and emerging talent by pioneering collaborative music, film, theatre and digital projects
• promote exceptional talent from under-represented artist communities
• inspire new audiences through live performances, television, broadcast, digital media, workshops and master classes and online resources
• empower, educate and innovate.

Since we started in 2013, thousands people across the world have engaged with SDA projects, hundreds of artists have been supported and hundreds of communities have participated in our projects.

SDA is governed by board of dynamic trustees who have defined the charity's purpose as a multi-arts engine to creates inclusive, innovative, provocative and ground-breaking projects through live and digital performances.

Over the next five years SDA is determined to create arts projects that help to build a more informed and empathetic society. We want to bring disparate communities together, bridge diversity gaps, address urgent environmental and social issues, promote exceptional talent from under-represented artist communities, empower and educate young people to participate creatively and reach widespread audiences through digital technologies and media through work that entertains and unites.

Soumik Datta Arts was established by sarod-virtuoso Soumik Datta and Sir David Green in 2013.

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Policy remit

SDA is committed to the principle that all people who access SDA’s, performances, staff and resources, should be safe and protected from harm. Safeguarding is one of the key responsibilities for organisations working with children, young people and vulnerable adults. The purpose of this policy is to set out SDA’s position on the protection of all people, including children and vulnerable adults. The policy has been drafted in accordance with UK legislation and best practice around Safeguarding, however due to the international nature of SDA’s work we are committed to applying these principles and reporting processes in different contexts.

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Safeguarding Statement: 

• SDA considers that the welfare of all people including the child and vulnerable adult is of paramount importance.
• SDA has a duty of care to safeguard from harm all people with whom it interacts. 
• Everyone, regardless of age, disability, gender, racial or ethnic origin, religious belief and sexual identity, has the right to be protected from abuse and harm at all times and in all situations.
• SDA also recognises that there may be additional needs for children and vulnerable adults from minority ethnic groups or children and vulnerable adults with disabilities and the barriers they may face, especially around communication.
• Child protection is the responsibility of every adult who has involvement with children. It is the duty of all SDA staff and associated personnel to do all they can to prevent the physical, sexual or emotional abuse of all children with whom they come into contact through the course of their employment with SDA.
• All suspicions and allegations of harm will be taken seriously and responded to promptly and appropriately, and anyone reporting a suspicion or allegation will be able to do safely and in confidence, without fear or reprisal.
• We have safe recruitment processes in place to ensure that our staff and associated personnel do not pose a risk of harm to children or vulnerable adults.
• The policy is mandatory and must be adhered to by all SDA employees, trustees, freelance artists and volunteers.
• The policy has been authorised by SDA’s senior management and board of trustees.

For the purposes of this policy the following DEFINITIONS apply:

• Children are defined as such if they are under the age of 18. 
• Vulnerable Adults are defined as people of 18 years or over, who are, or may be, in need of care or support services because of age, illness, physical or learning disability, or those who are unable to take care of, or protect themselves, against harm or exploitation (including those for whom English is an additional language). 
• Safeguarding is protecting individuals from maltreatment and preventing impairment of health and development.
• Responsible Adults are defined as people over the age of 18 who assume responsibility for children or vulnerable adults during SDA activity (e.g. teachers, parents and group leaders). 
• DBS – The Disclosure and Barring Service (DBS) is the statutory body currently responsible for storing data about those unsafe to work with children and vulnerable adults. They carry out criminal record checks, known as DBS checks, on those whose work brings them into contact with children or vulnerable adults. They are also responsible for barring certain individuals from being allowed to work with children or vulnerable adults.

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3. Recognising common signs of abuse  

SDA is not an organisation whose primary function is safeguarding, nor do we generally work directly with children and vulnerable adults. Nevertheless, in the eventuality that our remit broadens or in the context of SDA undertaking any work with children and vulnerable adults, it is essential that good safeguarding practices are created and followed, that this policy and procedure are given the attention they deserve and that all SDA staff and associated personnel understand what to do to ensure we can take the right action at the right time. 

There are six main categories of abuse:

• Physical abuse
• Emotional abuse
• Sexual abuse
• Neglect
• Financial or material abuse (of vulnerable adults)
• Institutional abuse (Repeated poor care of a vulnerable adult through neglect or poor professional practice)

Every individual is unique, so behavioural signs of abuse will vary. In addition, the impact of abuse is likely to be influenced by the individual’s age, the nature, extent and setting of the abuse, and the help and support they receive. 

These are the categories of abuse, firstly applying to children and secondly to vulnerable adults, described in the current statutory guidance:

Children:

• Bullying including cyber bullying
• Children missing education
• Children missing from home or care
• Child sexual exploitation (often referred to as CSE)
• Domestic violence
• Drugs (meaning a child exposed to or involved in drug/alcohol/volatile substances) taking)
• Fabricated or induced illness
• Faith abuse
• Female genital mutilation (often referred to as FGM)
• Forced marriage
• Gangs and youth violence
• Gender based violence/violence against women and girls (often referred to as VAWG)
• Hate
• Mental health (children exposed to risk arising from mental health difficulties)
• Missing children and adults strategy
• Private fostering
• Preventing radicalisation
• Relationship abuse
• Sexting
• Trafficking

Adults with support/care needs (vulnerable adults):

• Disability hate crime
• Discriminatory abuse
• Domestic abuse (controlling, coercive or threatening behaviour)
• FGM
• Financial or material abuse
• Forced marriage
• Hate crime
• Honour based violence
• Human trafficking
• Mate crime (befriended in order to exploit)
• Modern slavery (servitude, forced or compulsory labour)
• Neglect or acts of omission
• Organisational abuse
• Physical abuse
• Psychological abuse
• Restraint (unlawful or inappropriate restraint or physical interventions)
• Sexual abuse
• Sexual exploitation (exploitation for commercial purposes or gain) 
• Radicalisation 

NOTE: further guidance in relation to each of the above categories can be obtained from the following documents:

• Children: Keeping Children Safe in Education, 2016, Department for Education.
• Adults:  London Multi Agency Adult Safeguarding Policy and Procedures, December 2015, ADASS. Each of these documents is updated regularly so if checking online look for the most recent versions. 

Every individual is unique, so behavioural signs and even physical signs of abuse will vary. In addition, the impact of abuse is likely to be influenced by the individual’s age, the nature and extent of the abuse, their care and support arrangements and the help they receive. 

However, there are some behaviours and signs that are commonly seen in those who have been abused:

• Some young children and some disabled individuals may not be able to communicate verbally about abuse that they may be experiencing or have witnessed. It is therefore important to observe for signs other than and beyond 'telling'.
• They appear distrustful of a particular adult, or a parent or carer with whom you would expect there to be a close/trusting relationship.
• He or she has unexplained injuries such as bruising, bites or burns/scalds, particularly if these are on a part of the body where you would not expect them, or they would be hard to self-inflict, or to pick up in a routine accident.
• If he or she has an injury, which is not explained satisfactorily or has not been properly treated or presented for treatment.
• Deterioration in their physical appearance or a rapid weight gain or loss.
• Pains, itching, bruising, or bleeding in or near the genital area.
• A change in general behaviour. For example, they may become unusually quiet and withdrawn, or unexpectedly aggressive. Such changes can be sudden or gradual.
• If he or she refuses to remove clothing for normal activities or wants to keep covered up in warm weather.
• If he or she shows inappropriate sexual awareness or behaviour for their age.

The above signs should be seen as a possible indication of abuse and not as a confirmation. Changes in behaviour can be the result of a wide range of factors. 

Even visible signs such as bruising or other injuries cannot and should not be taken as proof of abuse. For example, some disabled children may show extreme changes in behaviour, or be more accident prone, as a result of their impairment. However, if you are concerned about an individual you have a responsibility to act on those concerns. See the Safeguarding Protection Referral Flowchart for more information and guidance about what to do.

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4. SDA Live and Online activities

• In the extremely unlikely event of SDA performances containing potentially shocking or disturbing material or strong language, there will be information circulated to all partner venues and festivals as well as displayed on SDA marketing channels including website and social media accounts to warn of the fact. 
• SDA will complete Risk Assessments for all activities in which children and/or vulnerable adults take part. These Risk assessments need to be reviewed by the SDA Safeguarding Officer if it involves young people or vulnerable adults. All risk assessments are to be kept centrally with SDA for the duration of the activities and 6 months thereafter unless there is due need to keep this for longer than this period. 

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5. Code of Conduct for SDA staff and associated personnel

Codes of conduct are in place to protect all people including children and vulnerable adults but also to protect staff, trustees, artists and volunteers against misunderstandings. These practices ensure boundaries are not crossed and should be applied by all SDA staff and associated personnel.

Do:

• Recognise the position of trust in which you’ve been placed.
• Act professionally in all matters. Always keep other members of staff/volunteers informed of where you are and what you are doing.
• Approach any child apparently in distress and ask if you can help.
• Seek assistance from colleagues or supervisors where appropriate.
• Be aware of the possibility of danger from others, and question situations that you find suspicious.
• Report an allegation (even if this is just a suspicion) of abuse or inappropriate conduct to SDA’s Designated Safeguarding Officer as soon as possible and always within the same working day that the incident has occurred. 
• Contribute to creating and maintaining an environment that prevents safeguarding violations and promotes the implementation of the Safeguarding Policy

Practices to be avoided: 

• Avoid spending time alone with children and vulnerable adults, take simple precautions e.g. keep a door open if alone with someone.
• Avoid physical contact other than in emergencies. 
• Attempting to investigate concerns or allegations that abuse has, or may have, occurred.

Practices never to be sanctioned. You should never:

• Take photos or film any child or vulnerable adult for personal use. Photos needed for professional use should be cleared in writing with your manager.
• Allow or engage in inappropriate touching of any kind. 
• Engage in sexual activity with anyone under the age of 18 
• Sexually abuse or exploit children or any adults
• Subject any person to physical, emotional or psychological abuse, or neglect 
• Engage in any commercially exploitative activities with children including child labour or trafficking 
• Aid or abet any kind of abuse of children
• Exchange money, employment, goods or services for sexual activity. This includes any exchange of assistance that is due to beneficiaries of assistance
• Engage in any sexual relationships with beneficiaries of assistance, since they are based on inherently unequal power dynamics

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6. Filming, Photography and Online projects

Consent and permission:

• School Groups - parental consent will be requested via the school in advance of the activity, or very soon after if this has not been possible. Until consent has been confirmed any materials must be treated as being without the right to use.
• Groups with vulnerable adults - Where the person being photographed lacks capacity (meaning the ability and right to consent) in relation to specific activity then written permission will be obtained from their representative. This may be their carer, parent/guardian or a person in possession of a welfare deputyship order from the Court of Protection. 
• Family Events - permission in writing from the children’s parents/carers will be obtained on the day. 
• Larger public events - Where photographs of whole galleries/large spaces are required and it is not feasible to obtain consent due to the number of people, or where people are too distant to be recognised, a notice will be prominently displayed in advance of, and during the photography, informing visitors that photographs will be taken in that area between specified times. 

Use of images:

• Photographs or videos of children or vulnerable adults (individuals or in groups) where people could be recognised will not be taken without obtaining permission. This applies to all photographs that may be used in any form of publication or broadcast, including leaflets, brochures, websites, social networking sites and films etc. 
• If imagery of children or vulnerable adults are to be used in any SDA marketing materials, any information that could be used to identify or trace the children or vulnerable adults will be withheld (e.g. names of individuals, names of schools, groups or institutions). Crests, badges etc. on uniforms that feature the name of a school should not be shown or the school name should be digitally obscured where possible. If an image is to be used over a period of more than three years further consents will be obtained annually to ensure that as the child grows they have the opportunity to withdraw their consent to the use of that image. Where providing the name of an individual, school, group etc. is important (e.g. when celebrating an achievement, competition winners etc.) written permission will be obtained. Any information that could be used to identify or trace individuals will not be given to any enquirers.

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Online projects: 

• The email or personal website addresses of children or vulnerable adults will not be disclosed by SDA staff and associated personnel under any circumstances and are not to be used to make contact with those individuals except for approved professional purposes.
• Material submitted by children or vulnerable adults to the SDA website or social media channels will be treated in the same way as photographs (see point above), i.e. any information which could be used to identify or trace individuals will be withheld unless written permission is obtained.
• Contributors of user generated content (UGC) are made aware of any content that is personal and likely to put people at risk.
  
  

7. Management of allegations against SDA staff and associated personnel 

SDA will take seriously any allegations that a member of staff, either paid or unpaid, has:

• Behaved in a way that has, or may have, harmed a child, young person or vulnerable adult. 
• Possibly committed a criminal offence. 
• Behaved in a way towards a child, young person or vulnerable adult, that indicates an unsuitability to work with this audience.

We have a duty of care to our staff and associated personnel and will ensure we provide effective support for anyone facing an allegation. We will provide any employee with a named contact if they are suspended. It is essential that any allegation of abuse made against any SDA staff and associated personnel is dealt with very quickly, in a fair and consistent way that provides effective safeguarding protection and at the same time supports the person who is the subject of the allegation. 

SDA staff and associated personnel should be aware that a serious allegation may result in: 

• A police investigation. 
• Enquiries by Social Services. 
• Consideration by SDA of disciplinary action in respect of the individual.
• A report being made to the DBS for a barring decision to be made, where applicable.

Resignations and "Compromise Agreements"
The fact that a person tenders his or her resignation, or ceases to provide their services, will not prevent an allegation being followed up in accordance with this policy. Every effort will be made to reach a conclusion in all cases of allegations, bearing in mind the safety or welfare of children, young people or vulnerable adults, including any in which the person concerned refuses to cooperate with the process.

Wherever possible the person will be given a full opportunity to answer the allegation and make representations about it. The process of investigating the allegation and reaching a judgement about whether it can be regarded as substantiated will continue even if the person does not cooperate.

Similarly, so called "compromise agreements" by which a person agrees to resign, SDA agrees not to pursue disciplinary action, and both parties agree a form of words to be used in any future reference, will not be used in cases of alleged abuse. In any event, such an agreement will not prevent a thorough police investigation where that is appropriate. Furthermore, it will not override the statutory duty to make a referral to the Disclosure and Barring Service (DBS) for consideration of placing the person's name on the Barred List, where circumstances require that.

8. Recruitment  

• SDA staff and associated personnel will be carefully selected, trained and monitored to ensure that children and vulnerable adults with whom they may come into contact are appropriately protected.
• Only SDA staff and associated personnel with the opportunity for unsupervised access to children and vulnerable adults would need to undergo Disclosure and Barring Service checks with the Criminal Records Bureau/Disclosure and Barring Service.

Clear roles

Every member of staff or volunteer who comes into contact with children or vulnerable adults will receive a written description of the work they are expected to do. This description will include amongst other things:

• The person to whom they are accountable for their work, their line manager or supervisor
• The person(s) whose work they will supervise (if any)
• A description of the work they will undertake with children with reference to any relevant guidelines produced by the organisation for safeguarding the welfare of those children

Recruitment and selection

All paid staff and volunteers involved with working with children and vulnerable adults will be treated as applicants for a post. As a consequence they will be asked to complete an application form. This will contain as a minimum:

• Their full name, current and recent addresses and date of birth with documentary evidence e.g. birth certificate
• Details of previous experience, voluntary or paid, of working with children, if any
• Permission to contact in writing and in person, at least one person who has experience of their work or contact with children and who may be asked for a reference

All applicants for paid or voluntary work with children, young people or vulnerable adults will be subject to a Disclosure and Barring Service check. 

References
Before the appointment of any applicant for a paid or voluntary position is confirmed, two written references will be obtained

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9. Listening to and reporting concerns  

Listening

A child or vulnerable person may try to tell you directly about abuse. It is very important to listen carefully and respond sensitively. Again, with limited contact with children it is unlikely that you would be in this position. Remember, it is NOT your responsibility to decide if someone is being abused. Your role is to ACT on any concerns you may have and REPORT those concerns.

If a child, young person or vulnerable adult tries to talk to you about something that is worrying them, it is important to listen carefully and respond sensitively:

• If they tell you about the abuse they are experiencing, listen carefully to what they tell you.
• Don’t ask direct questions. Avoid ‘Who?’, ‘What?’, ‘When?’, and ‘Where?
• Encourage them to talk but do not pressurise them – ‘Do you want to tell me about this? ’
• Keep calm, and even if you find what they are saying difficult or distressing, keep listening.
• Be honest with them about what you can and cannot do. Never promise to keep their account a secret, or promise that you will not report it. Do say that you will try and find them the help that they need.
• When they have finished make a detailed note of what they have said, using an Incident Record Form wherever possible.
• As soon as possible, and always within the same working day, pass the information to the Safeguarding Officer.
• Do not contact or confront the alleged abuser (unless you are dealing with immediate abuse during an activity or event, requiring immediate protective action)
• You may find someone you trust to talk to about the situation or to support you but remember not to name or identify those involved in the allegations.

Please refer to the Safeguarding and protection referral flowchart. 

If you have serious concerns about the immediate safety of the child or vulnerable adult and believe that any delay may cause serious risk of harm contact the police or social services. Record the name of the person you spoke to and make a report to the safeguarding officer.

Reporting

Please refer to the Safeguarding and protection referral chart (below) should you need to report an incident or concern. It is important to start a dialogue with the safeguarding officer at the earliest opportunity if you have any concerns so that an informed decision about how to proceed is reached quickly. You do not have to await ‘proof’ before sharing concerns – children’s social services and/or the police have the role of looking at the evidence and forming judgements about intervention. SDA is committed to ensure that anyone reporting will be able to do so safely and in confidence, without fear or reprisal.

Confidentiality

Every effort will be made to maintain confidentiality and guard against publicity while an allegation of abuse is being investigated/considered. We will ensure information you share is accurately recorded and only shared with people who have a professional need to see it. Information will be stored securely. SDA expects that where safeguarding concerns arise in relation to a member of SDA staff, a volunteer or contractor that a report of that concern will be made in accordance with the SDA safeguarding policy and this procedure to the designated safeguarding officer. Such concerns will be reported where required to the statutory authorities in the same way as other concerns, and the support of the employee and any other actions necessary, will be co-ordinated by the designated safeguarding officer.

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The following table includes all members of SDA freelance staff, artist collaborators, participants, educational organisations and venue staff with whom the company will interact.

10. Dissemination 

It is essential that this policy is regularly reviewed and circulated to ensure that all staff, volunteers, artists, trustees and partners are aware of the policy. 

Accordingly, SDA will:

• Review and amend the policy on an annual basis at the September Board of Trustees meeting
• Include the policy as appendix on all freelance artistic contracts
• Share the policy with new all recruits immediately upon offer of employment with a contract clause stipulating that the individual has to read and sign up to the policy
• Share the policy with venue partners and funders prior to commencement of new projects
• Make the policy available to audiences and the general public as a PDF download via the SDA website, in the organisational section

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11. Confidentiality

It is essential that confidentiality is maintained at all stages of the process when dealing with safeguarding concerns. Information relating to the concern and subsequent case management should be shared on a need to know basis only. 

This includes the following people: 


• The Safeguarding Officer; 

• The parents of the person who is alleged to have been abused; 

• The person making the allegation; 

• Social Services/Police; 

• The alleged abuser (and parents if the alleged abuser is a child); 


Seek social services advice on who should approach the alleged abuser. 


Any 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). For the purposes of this policy, that information will be stored electronically by the Safeguarding Officer, and not shared with anyone other than the people itemised above. Information will be stored for the duration of an investigation into an allegation and will be deleted six months after the safeguarding case has been closed.

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