Background to the Changes to the Suspension Process2015

Margaret Giles and Tim Kidd

May 2015

Background

Changes were made to the suspension process on 29 May 2015. This document describes the changes and the reasons for making the changes.

The suspension process has had a number of updates over the previous two years but only in areas of guidance which has left POR unchanged.Over the past few years we have gathered feedback from Commissioners who operate the process, people suspended as part of the process and Appointment Advisory Committees involved in the process.We have also taken into account recommendations from a number of safeguarding enquiries that have identified a clear and strong thread of changes that are required. We have also considered feedback that we receive to when people have looked at the advice and guidance given on

Outline of Changes

In outline the changes are:

a)Allow HQ to exclude adults who have been suspended and who we believe are wholly unsuitable to be in Scouting.

b)Tidy-up the language in the suspension rules to ensure that they are clear about what is required and what is optional.

c)Greater clarity about what an excluded person is not permitted to do regarding Scout premises and Scout activity.

d)Make provision for suspended people who are also parents or carers of youth members.

e)Provide for reconciling differences between the AAC and Commissioners when ending a period of suspension.

f)Update the table of authorisation for suspension to take into account the UK wide perspective.

g)Retitle the support role for a suspended person to make it a liaison role as otherwise it can be assumed that the person undertaking the role agrees with the actions of an individual who might be accused (and possibly found guilty) of highly inappropriate offences.

(a) HQ Exclusions in the Suspension Process

Our rules allow us to exclude from Scouting adults who are unsuitable (e.g. found guilty of an offence against children). This exclusion takes place mostly when an individual undertakes a check against formal records (DBS in England and Wales,Disclosure Scotland in Scotland, Access NI in Northern Ireland).In these cases, exclusion is enacted from headquarters. Note that this exclusion process applies to any adult whether or not that person is a formal Member of Scouting.

There are some circumstances in safeguarding incidents where adults are suspended and, whilst they do not trigger the level for exclusion from Scouting by headquarters, they might be considered by the Safeguarding Team to be wholly unsuitable for Scouting. Currently the only route open to us is for the Appointments Advisory Committee to cancel the appointment. Note that this is cancellation and not exclusion and therefore these individuals might continue to be involved in Scouting in other locations.

The Safeguarding Team has received feedback from Appointments Advisory Committees that they feel very uncomfortable in these circumstances because:

a)they know the individual or know of them, and cancelling membership would be too difficult to manage locally;

b)they don’t have a detailed understanding of the subject matter and therefore don’t see the risks that the Safeguarding Team does;

c)they feel that if the Safeguarding Team has such a strong view then HQ should cancel the individual’s appointment and exclude them (which the current rules do not permit).

For the occasions (and these are few) when it is clear that the individual is unsuitable to work with young people and that the individual should be excluded, the rules now allow headquarters to do so.

New Rule 15.3f
Headquarters may directly end a period of suspension by excluding a suspended person from Scouting if the individual is unsuitable to participate in Scouting.

Clearly there will need to be operational consistency with this approach and so a clear set of decision points will be used.The decision to exclude an individual will be open to appeal following the same decision structure as we use when excluding individuals through the vetting process (to ensure consistency).

To ensure that this process operates well, it is subject to:

a)agreement on a case by case basis by a Chief Commissioner (as is currently the case for exclusions enacted through the vetting route); and

b)operational overview through the Safeguarding Team line management including the Head of Safeguarding; and

c)regular oversight and review through the Safeguarding Development Group (which is the group responsible for an oversight of safeguarding policy and operation and incudes volunteers and staff members).

(b) Suspension Rule Clarity

From safeguarding enquiries there is evidence that people were either confused (or able to use the apparent confusion) that some aspects of the suspension rules are not clear between items that are required and those that are optional. Having reviewed the rules, there are only minor issues in this regard and we made the following changes:

Rule 15.2 b
Suspension of Membership or Associate Membership is a neutral act intended to protect all persons involved. It assists to ensure that any investigation or inquiry proceeds in as fair and objective manner as possible by preventing situations arising which could give rise to further concerns/allegations or which could potentially cause further compromise. Suspension may be necessaryis permitted in the following circumstances:
Rule 15.3 b
The action maymust include a recommendation to re-instate, modify or revoke the appointment of the adult under suspension. There is no right of appeal against a decision made by an Appointment Advisory Committeeor a decision made by the authority who approved the suspension.

(c) Scout Premises and Scout Activity During Suspension

From feedback and enquiries it is apparent that there are two areas of difficulty with the suspension restrictions which we addressed:

a)The requirement on the suspended person not to enter Association premises causes problems in three aspects: (a) if Scouting activities take place in premises not owned by Scouting; (b) if a non-Scouting activity takes place in Association premises (e.g. election polling centre); and (c) if the suspended person properly needs access for some reason such as collecting personal items (under supervision).

b)We need to be clear that suspended people are not permitted to assist or engage in Scouting in any way (some people have affected to believe that it would be acceptable to continue with some administrative Scout work from home whilst suspended).

Rule 15.2e
The suspended Member or Associate Member must not:
  • participate in any activity connected with the Movement (whether or not young people are present) including administrative activities;
  • contact youth Members of the Association;
  • enter Association premises unless specifically given permission by the appropriate Commissioner;
  • be present at any placeat which Scouting activities are taking place (including all types of activity whether or not young people are present);
  • wear the uniform or badges of the Association.

(d) Suspended People who are also Parents of Youth Members

We have encountered problems with the suspension process when the suspended person is also a parent or carer of a youth member of Scouting. In these cases the parent or carer is stopped from any engagement with Scouting with their child (such as attending award presentations).

The change allows, in certain circumstances as determined by the responsible Commissioner, suspended people to be given permission to engage with their children in Scouting in specific ways. This will need careful and clear handling so that the boundaries are clear and must also take into account guidance from the Safeguarding Team in certain circumstances.

The following text is added onto the end of rule 15.2e (to follow on from the list of prohibited items during suspension):

The suspending authority is permitted to modify the list of prohibited activities above when the suspended person is a parent or carer of a youth member in Scouting, and must follow the following criteria:
  1. In safeguarding cases the guidance of the Safeguarding Team must be sought and followed.
  2. All modifications must be agreed with the authority that approved the suspension as defined in Rule 15.2c.
  3. The modifications must be kept to a minimum and are only to enable the suspended person as a parent or carer to participate to some extent in Scouting with their child (for example, to attend award presentations or to drop off and pick-up the child).
  4. The modifications must not compromise the safety and wellbeing of youth members.
  5. The suspending authority must inform the suspended person in writing with very clear instructions regarding what is permitted.
  6. The suspending authority may change or remove the modifications during the period of suspension and must notify the suspended person in writing.

(e) Disagreements when Ending Suspension

We previously had no rules about how to handle disagreements between the Appointments Advisory Committee and Commissioners at the end of the suspension period. Over the past two-three years we have been advising people to follow this advice:

  • If the Appointments Advisory Committee and the suspending Commissioner do not agree then the final decision is with the approving Commissioner.
  • If the approving Commissioner disagrees with the suspending Commissioner and the Appointments Advisory Committee, the approving Commissioner can veto the decision.

This advice has been transcribed into rule 15.3a using the terms defined in the rules and with some clarification around the operation of “veto” which, by itself, introduces a potential ambiguity of operation. This change makes it clear that the approving Commissioner has the final decision but is required to discuss this with the suspending Commissioner and the Appointments Advisory Committee.

At the end of a period of suspension the appropriate Commissioner and the appropriate Appointments Advisory Committee (where appropriate consulting the Group Scout Leader and the Sponsoring Authority) must agree a recommendation for action and seek approval for that action from the authority who originally approved the suspension. See table above.
  1. If the Appointments Advisory Committee and the appropriate Commissioner disagree on the recommendation for action then the final decision lies with the authority who originally approved the suspension.
  2. If the authority who originally approved the suspension disagrees with the recommendation for action (following discussion with the Appointments Advisory Committee and the appropriate Commissioner), then the final decision lies with the authority who originally approved the suspension.

(f) Table of Authorisation for Suspension

The table of authorisation has had some simple updates to reflect the changes for Scout Network, to include all the countries and also to cover headquarters level appointments.

(g) Supporter for a Suspended Person

Feedback from people involved in suspensions and from enquiries has made it clear that we should retitle the “supporter” role as this can give the wrong impression (especially in serious cases). We have previously undertaken work to strengthen the understanding of the role and issued revised guidance. The final piece of work is to retitle the role from “supporter” to “liaison” – the supporting documentation has been adapted to reflect this and a small change in rule 15.2g is required to note this change.

They must also be offered an independent Scouting colleague to act as a supporterliaison point. The information sheet “Supporting a person under suspension” provides relevant guidelines. (Available from the Scout Information Centre, the Safeguarding Team or Country HQ)

Margaret GilesTim Kidd

Governance and Planning ManagerDeputy UK Chief Commissioner

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