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(1) Constitution (2) Child Protection Policy

(1)     CONSTITUTION 

Deal Brass Academy

1          NAME

The name of the organisation is Deal Brass Academy  

2          THE OBJECTS OF THE ORGANISATION ARE:-

a)     To help keep brass band music alive, by encouraging and training young musicians in a friendly, safe and welcoming environment.

b)    To contribute to the musical life of the district through our live performances at a wide variety of events and venues.

c)     To maintain the traditions of brass band music, building on the wealth of experience of the brass bands in East Kent and nationally.

3          TRUSTEES

The organisation shall be managed by a committee of trustees who are appointed at the Annual General Meeting (AGM) of the organisation.

4          CARRYING OUT THE PURPOSES

In order to carry out the objects, the trustees have the power to:

(1)          raise funds, receive grants and donations

(2)          apply funds to carry out the work of the organisation

(3)          co-operate with and support other organisations with similar purposes

(4)          do anything which is lawful and necessary to achieve the purposes

5          MEMBERSHIP

The organisation shall have a membership. Persons of any age who support the work of the organisation, whether playing members or not, can apply to the trustees to become a member.  Once accepted by the trustees, membership lasts for 3 years and may be renewed.  The trustees will keep an up-to-date membership list.

The trustees may remove a person’s membership if they believe it is in the best interests of the organisation.  The member has the right to be heard by the trustees before the decision is made and can be accompanied by a friend.

6          ANNUAL GENERAL MEETING - AGM

(1)          The AGM must be held every year, with 14 days notice given to all members telling them what is on the agenda.

(2)          Minutes must be kept of the AGM.

(3)          There must be at least 10 members present at the AGM.

(4)          Every member has one vote. 

(5)          The trustees shall present the annual report and accounts.

(6)          Any member may stand for election as a trustee. 

(7)          Members shall elect between 3 and 10 trustees to serve for the next year.  They will retire at the next AGM but may stand for re-election.

7          TRUSTEE MEETINGS

(1)          Trustees must hold at least 4 meetings each year.  At their first meeting after the AGM they will elect a chair, treasurer and secretary.  Trustees may act by majority decision.

(2)          At least 3 trustees must be present at the meeting to be able to take decisions.   Minutes shall be kept for every meeting.

(3)          If trustees have a conflict of interest they must declare it and leave the meeting while this matter is being discussed or decided.

(4)          During the year, the trustees may appoint up to 2 additional trustees.  They will stand down at the next AGM.

(5)          The trustees may make reasonable additional rules to help run the organisation.  These rules must not conflict with this constitution or the law.

8          MONEY AND PROPERTY

(1)          Money and property must only be used for the organisation’s purposes.

(2)          Trustees must keep accounts.  The most recent annual accounts can be seen by anybody on request.

(3)          Trustees cannot receive any money or property from the organisation, except to refund reasonable out of pocket expenses.

(4)          Money must be held in the organisation’s bank account.  All cheques must be signed by 2 trustees who are not related.

9          GENERAL MEETINGS

If the Trustees consider it is necessary to change the constitution, or wind up the organisation, they must call a General Meeting so that the membership can make the decision.  Trustees must also call a General Meeting if they receive a written request from the majority of members.  All members must be given 14 days notice and told the reason for the meeting.  All decisions require a two thirds majority.  Minutes must be kept.  

(1)          Winding up - any money or property remaining after payment of debts must be given to an organisation with similar purposes to this one.

(2)          Changes to the Constitution - can be made at AGMs or General Meetings.  No change can be made that would make the organisation no longer charitable. 

(3)          General Meeting - called on written request from a majority of members.

(4)          Trustees may also call a General Meeting to consult the membership

10        SETTING UP THE ORGANISATION

This constitution was adopted on 7th March 2014  by the people whose signatures appear below.  They are the first members of the organisation and will be the trustees until the AGM, which must be held within one year of this date.

Trustees

Mr Fred Thomson (Hon President)

Mr Chris Berriman (Chairman and Musical Director)

Mr Andrew Pooley (Vice Chair and Band Manager)

Mrs Frances Hickton (Treasurer)

Prof Irving Benjamin (Secretary) 

Committee Members:

Mrs Ann Sturt

Dr Susan Lesley Atkinson,

Mr Richard Webber

Youth Members:

James Andrew Pooley 

Miss Chiara Shearn

 

 

(2) Deal Brass Academy “DBA”

 

Child Protection Policy

 

1. Introductions, statements and abbreviations

 

 

 

1.1 Introduction

 

The introduction of this Child Protection policy should be seen as a clear signal by Deal Brass Academy “DBA” that it is determined to ensure all necessary steps are taken to protect from harm, those children and young people who participate in music playing at all levels.

 

The policy establishes Deal Brass Academy “DBA”  position, role and responsibilities and, together with the procedures section, clarifies what is expected of the individuals involved in the organisation.

 

It very clearly highlights the importance placed by Deal Brass Academy “DBA” on the protection of children, young people and vulnerable adults. It also safeguards and protects all personnel from the risk of false allegations of abuse or poor practice.

 


Everyone who participates in music is entitled to do so in an enjoyable and safe environment. To ensure this, Deal Brass Academy “DBA” has developed principles that all its personnel should follow.

 

These principles apply to all participants, but young people in particular are entitled to a higher duty of care and to be protected from poor practice or abuse. Abuse can occur within many situations including the home, school and the teaching environment.

 

Some individuals will actively seek employment or voluntary work with children and young people in order to harm them. The Deal Brass Academy “DBA” is committed to devising and implementing policies so that everyone in the organisation accepts their responsibilities to safeguard children and young people from harm and abuse. This means following procedures to protect children and young people and to report any concerns about their welfare to appropriate authorities.

 

Everyone involved with Deal Brass Academy “DBA” has a role to play in safeguarding the welfare of children and young people and preventing their abuse. Anyone who may have regular contact with children and young people will be a very important link in identifying cases where a child needs protection. All policies and procedures discussed below refer to vulnerable adults as well as to children and young people.

 

1.2 Policy statement

 

The Deal Brass Academy “DBA” is committed to the following:

 

 

 

1.3 Terms and abbreviations

 

The following terms and abbreviations are used in this document:

 

 

2. Good Practice, Poor Practice and Abuse

 

 

 

2.1 Introduction

 

To provide young people with the best possible experience and opportunities in music everyone must operate within an accepted ethical framework and demonstrate exemplary behaviour. Not only will this allow brass music to make a positive contribution to the development of young people and safeguards their welfare, but it also protects all personnel from the risk of false allegations of abuse or poor practice.

 

It is not always easy to distinguish poor practice from abuse, whether intentional or accidental. It is not therefore the responsibility of personnel within Deal Brass Academy “DBA” to make judgements about whether or not abuse is taking place. It is, however, their responsibility to identify poor practice and possible abuse and to act if they have concerns about the welfare of a child, as explained in section 4. This section (2) will help you identify what is meant by good practice, poor practice and abuse.

 

2.2 Good practice

 

All personnel should adhere to the following principles and actions:

 

 

2.3 Poor practice

 

The following are regarded as poor practice and should be avoided by all personnel:

 

 

Where cases arise where it is impractical to avoid any of the situations mentioned in this section, they should only occur with the full knowledge and consent of someone in charge in the organisation and the children and young people’s parents.

 

If during your care of a child you accidentally hurt them, the child seems distressed in any manner, appears to be sexually aroused by your actions, or misunderstands or misinterprets something you have done, report any such incidents as soon as possible to another colleague and make a brief written note of it. Parents should also be informed of the incident.

 

2.4 Abuse

 

Abuse in all its forms can affect a child at any age. The effects can be so damaging that if not treated, they may follow an individual into adulthood.

 

Children and young people with disabilities may be at increased risk of abuse through various factors such as stereotyping, prejudice, discrimination, isolation, and a powerlessness to protect themselves, or adequately to communicate that abuse has occurred. Children and young people from ethnic minorities, who may also be experiencing racial discrimination, may be, or feel, doubly powerless in these respects.

 

Abuse may take a number of forms, and may be classified under the following headings:

 

 

This is where adults fail to meet a child’s basic needs like food, shelter, warm clothing or medical care, or to protect them from physical harm. Children and young people might also be constantly left alone or unsupervised.

 

Neglect in a banding situation could include a conductor or band manager not keeping children and young people safe, or exposing them to unnecessary risk of injury.

 

 

This is where someone physically hurts or injures children and young people, for example by hitting, shaking, throwing, squeezing, burning, suffocating and biting or otherwise causing physical harm to a child. Giving children and young people alcohol or inappropriate drugs would also constitute physical abuse.

 

 

Girls and boys can be abused by adults or other children and young people, both male and female, who use children and young people to meet their own sexual needs. This could include full sexual intercourse, masturbation, or fondling. Showing children and young people pornographic material is also a form of sexual abuse.

 

In banding activities which might involve physical contact with children and young people could potentially create situations where sexual abuse may go unnoticed. Also the power of the teacher over young students if misused, may lead to abusive situations developing.

 

 

Persistent lack of love and affection, where children and young people may be led to believe that they are worthless or unloved, inadequate or valued only insofar as they meet the needs of another person. It may involve the child being constantly shouted at, threatened or taunted which may make the child very nervous and withdrawn. It may also feature age or developmentally inappropriate expectations being imposed on children and young people. Emotional abuse also occurs when there is constant overprotection, which prevents children and young people from socialising.

 

Emotional abuse in banding might include situations where children and young people are subjected by a parent or teacher to constant criticism, name-calling, sarcasm, bullying, racism or unrealistic pressure in order to perform to high expectations.

 

 

This may be bullying of a child by an adult or another child. Bullying is defined as deliberate hurtful behaviour, usually repeated over a period if time, where it is difficult for those bullied to defend themselves. It may be physical (e.g. hitting, kicking, theft), verbal (e.g. racist or homophobic remarks, threats, name-calling, graffiti, abusive text messages transmitted by phone or on the internet), emotional (e.g. tormenting, ridiculing, humiliating, ignoring, isolating from the group), or sexual (e.g. unwanted physical contact or abusive comments).

 

In banding, bullying may arise when a parent pushes a child too hard to succeed, a teacher adopts a win-at-all-costs philosophy, or an official at a contest/ festival uses bullying behaviour.

 

2.5 Indicators of abuse

 

Even for those experienced in working with child abuse, it is not always easy to recognise a situation where abuse may occur or has already taken place. The Deal Brass Academy “DBA” acknowledges that most people involved in the organisation are not experts in such recognition, but indications that a child is being abused may include one or more of the following:

 

 

 

It must be recognised that the above list is not exhaustive, but also that the presence of one or more of the indicators is not proof that abuse is actually taking place. It is not the responsibility of those working in banding to decide that child abuse is occurring, but it is their responsibility to act on any concerns.

 


Signs of bullying may include:

 

 

3. Recruiting and selecting personnel to work with children and young people

 

 

 

3.1 Introduction

 

Anyone may have the potential to abuse children and young people in some way and it is important that all reasonable steps are taken to prevent unsuitable people from working with children and young people. The particular circumstances of individual cases need to be taken into account, but the fundamental principle is that those in charge of activities involving young people must take all reasonable steps to satisfy themselves as to the suitability of those who are given access to the children and young people in their care.

 

3.2 Controlling access to children and young people

 

Applicants for positions that involve significant access to young people (for example a Deal Brass Academy “DBA” tutor) should first complete procedures designed to elicit information about their past career (including any gaps), and to disclose any criminal record or other matter that has a bearing on their suitability to work with children and young people e.g. previous investigations with police or social services or disciplinary investigations in relation to work with children and young people. It should be made clear that failure to disclose relevant information will result in disciplinary action and possible dismissal or exclusion.

 

Consent should be obtained from applicants for checks to be conducted to determine whether the Scottish Criminal Records Office holds any relevant information on them.

 

3.3 Vetting

 

All personnel who will have significant access to young people must first be vetted to establish whether they have any criminal convictions or other past behaviour that suggests they are unsuitable to work with children and young people. This applies equally to paid staff and volunteers. This is done by obtaining a Disclosure about the individual from the Scottish Criminal Records Office. In the past, before the Scottish Criminal Records Office was established, applicants completed a self-declaration form containing similar information, and giving their consent to have checks made about them with the police and social services. This procedure is no longer available for new applications, but those people who have previously submitted such a form in relation to their existing activities in a particular band need not obtain a Disclosure from Disclosure Scotland for the time being. However, anyone applying for a new position must now obtain clearance from Disclosure Scotland.

 

It is important to emphasise that the absence of any relevant disclosure emerging from this vetting process does not guarantee that the individual is safe to work with children and young people, so it should not be relied on excessively. It is only one of a number of factors in the initial assessment of the person’s suitability for such responsibilities.

 

3.4 The Child Protection Officer

 

The Deal Brass Academy “DBA” will appoint a Child Protection Officer to advise the organising committee on compliance with all the procedures described in this protection policy and to act as a focal point for reporting any concerns. This person will have the primary responsibility to check that everyone who has significant access to young people within the organisation is suitable for that role and has been vetted as described above. The person appointed should be identifiable to the junior members of the band and their parents, but should have a degree of independence from their activities – for example he or she should not be the junior co-ordinator or actively teach or conduct in the organisation. The Child Protection Officer should be a member of the management committee. The Child Protection Officer should undergo the vetting procedure described in 3.3 above.

 

3.5 Training

 

The effectiveness of the policies described will depend on everyone who is involved with junior banding being aware of what is good practice. This applies particularly to those working directly with young people, such as tutors and Child Protection Officers, but an awareness of child protection issues is also needed by others who may be involved more indirectly, such as committee members or occasional parent helpers.

 


Training courses on Child Protection are available and are recommended for those groups identified above.

 

Formal training in child protection will help people to:

 

 

4. Responding to suspicions and allegations

 

4.1 Introduction

 

Many cases of child abuse in fact take place within the family setting. However, abuse can and does occur in other situations as well, which may include music or other social activities, and is rarely a one-off event when it occurs within such a setting. It is crucial that those involved in music tuition are aware of this possibility and that all allegations are taken seriously and appropriate action taken.

 

It is not the responsibility of anyone in a musical organisation whether in a paid or a voluntary capacity, to decide whether or not child abuse is taking place. However, there is a responsibility to inform appropriate agencies of possible abuse so that they can then make inquiries and take any necessary action to protect the child. This applies both to suspicions of abuse occurring within the context of musical activities and to allegations that abuse is taking place elsewhere. This section explains how you should respond to such concerns.

 

4.2 Receiving evidence of possible abuse

 

We may become aware of possible abuse in various ways. We may see it happening ourselves; we may suspect that it is occurring because of signs such as those listed in 2.5 above; it may be reported to us by someone else, or directly by the child affected.

 

In the last of these cases, it is particularly important to respond appropriately. If a child says or indicates that he or she is being abused, or information is obtained which gives you concern that a child is being abused, you should:

 

 

4.3 Recording information

 

As with other forms of information arising in relation to child protection, information of this kind is highly sensitive and confidential. Accordingly, it should be held under secure conditions and only made available to those who have a definite need for it.

 

You should make a note as soon as possible of whatever information you obtain, both for your own future reference and possibly for passing on to others, appropriate agencies such as the social services department or the police. In writing such a note, you should confine yourself to the facts, and distinguish between what is your own personal knowledge and what you have been told by other people. You should not include your own opinions on the matter, to avoid the possibility of libel. Information should include the following:

 

 

4.4 Reporting the concern

 

The Deal Brass Academy “DBA” expects its personnel to discuss any concern they may have about the welfare of a child immediately with the person in charge, and subsequently to check that appropriate action has been taken. The particular route you might follow in various circumstances is suggested below.

 

 

If you are working with any of the Deal Brass Academy “DBA” groups, you should inform the Child protection Officer or the person in charge of the band/orchestra.

 

 

If you are working with students away from home (for example at a competition or workshop), then you should inform the person in charge of the group.

 

Circumstances in which other people might then need to be informed are discussed below:

 

 

There is always a commitment to work in partnership with parents or carers where there are concerns about their children and young people. Therefore, in most situations, it would be important to talk to parents or carers to help clarify any initial concerns. For example, if a child seems withdrawn, they may have experienced bereavement in the family. However, there are circumstances in which a child might be placed at even greater risk were such concerns to be shared, e.g. where a parent or carer may be responsible for the abuse or not able to respond to the situation appropriately. In these situations, or where concerns still exist, any suspicion, allegation, or incident of abuse must be reported to appropriate agencies as soon as possible.

 

 

The social work department has a statutory duty under the Children (Scotland) Act 1995 for the welfare of a child. When a child protection referral is made its staff have a legal responsibility to investigate. This may involve talking to the child and family and gathering information from other people who know the child. The telephone number is in the local phone book. Wherever possible, referrals telephoned to the social work department should be confirmed in writing within 24 hours. A record should also be made of the name and designation of the social work member of staff to whom the concerns were passed, together with the time and date of the call, in case any follow-up is needed.

 

 

Where the apparent abuse is of a criminal nature it will be appropriate to inform the police. A record should be made of the crime reference number provided by the police, together with the time and date of the call, in case any follow-up is needed. The police and social services department may also carry out a joint enquiry.

 

 

A one-stop-shop - designed to complement Scottish child protection.  The 24-hour child protection information line will give people easy access to child protection services and allow them to share concerns about a child with the most appropriate local agency.

 

Throughout Scotland, people can call the confidential freephone number to speak to a trained operator.  The telephone number is 0800 022 3222.  Depending on the nature of the call, the operator will either:

 

 

The person in charge may be unsure about whether the allegation constitutes abuse or not, and unclear about what action to take. There may be circumstances where allegations are about poor practice (which need not be referred to the social services or police) rather than abuse, but those responsible should consult with the bands Child Protection Officer (CPO) who will obtain further advice where there is any doubt. Notifying the CPO is also important because this matter may be just one of a series of other instances which together cause concern.

 

4.5 Disciplinary procedures

 

The discovery that someone may be abusing a child will raise feelings and concerns among other personnel, and it can be inherently difficult to report such matters. However, it is important that any concerns for the welfare of the child arising from abuse or harassment by someone should be reported immediately. As indicated above an allegation of abuse may give rise to a child protection investigation by the social services department and/or a criminal investigation involving the police.

 

If the matter is being investigated by the police and/or social services, the organisation may decide to await the outcome of these investigations, which may well influence a disciplinary investigation, although not necessarily so. In appropriate cases, the organisation will suspend the individual concerned while an investigation is taking place. This is not intended to prejudge the outcome of the investigation, but simply to remove the individual from contact with children and young people until the investigation is concluded.

 

Every effort will be made to maintain confidentiality for all concerned, and consideration will be given to what support may be appropriate to children and young people, parents, members of staff and volunteers.

 

4.6 Allegations of previous abuse

 

Allegations of abuse are sometimes made some time after the event, for example, by an adult who was abused as a child by a member of staff who is still working with children and young people. Where such an allegation is made, you should follow the procedures given above and have the matter reported to the police and/or social services department. This is because other children and young people, either within banding or outside it, 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 and young people.

 

5. Conclusion

 

Deal Brass Academy “DBA” by accepting this policy document, has indicated its determination to ensure that children and young people can participate in all forms of brass music, and do so, with their safety being of paramount importance.

 

It is essential that this document is representative of a process of continual improvement in the area of child protection within brass music. It is for all adults engaged in brass banding activities to promote good practice and procedures, whilst being ever vigilant and aware of their responsibilities towards the children and young people and young people in their care.