Child Protection Report 2013

CHILD PROTECTION REPORT 2015

Overview:

I believe that around 120 BKA members are currently covered by CRB or DBS (Disclosure and Barring Service, the new CRB) or Disclosure Scotland checks; around 50% via the BKA’s ‘umbrella’ organisation DDC Ltd, and 50% via other organisations such as local councils.

Since the BKA has fewer than 100 renewals per year, it is obliged by the DBS to use an ‘umbrella body’- in our case, we are already using DDC Ltd. There are advantages to using an umbrella body in any event- secure handling of documents, up-to-date database and help/guidance when needed.

Update on last report:

(a) Online updating:

Where members have completed a DBS check they are encouraged to complete the online subscription. This HAS to be done by the individual member, and it MUST be done within 2 weeks of the date of the issue of the certificate, and has to be renewed each year. For volunteers it is free. It should be renewable by logging onto the DBS website, the renewal is also free for volunteers and I understand that there is an option for automatic renewal now.

(b) Database: I’m afraid I have not been able to overhaul the DBS information on the membership database as I have still not been granted access to this.

The previous CRB/DBS policy has been replaced with a new policy approved by the NC in June 2014. This leaves the previous rules broadly the same for clubs which are run exclusively or mainly for children remain the same , but are slightly relaxed for dojos which are usually run for adults but may take the occasional junior, so that not all coaches in these ‘mixed dojos ‘ are obliged to renew every 3 years whether or not there are actually any juniors within the dojo.

This is in accordance with the changes made by the Protection of Freedoms Act 2012.

There is a similar but separate policy for Scotland, as Scotland has a slightly different criminal records regime.(Appendix B)

I drafted some FAQs (appendix C) concerning the new policies.

A copy of the report sent to the NC in April 2014 about the proposed changes, gives detailed reasoning and the legal context of these changes is available and I am hoping that it can be placed with this report on the website as it is too large to incorporate here.

Unfortunately despite requests this information has not previously been uploaded to the website but I am hoping this will now be done as soon as possible.

(d) Complaints

There has been one complaint this year, concerning the previous kendo bu practices in matching junior candidates for grading with young adults if no juniors are available.

This complaint was upheld on the basis that the practice conflicts with the BKA’s own best practice advice as set out in the coaching section of the website. This states that there is a risk of plate injury to young kendoka when paired with an inexperienced young adult. For this reason the kendo bu is in the process of making changes to this practice so that gradings follow similar practices to taikai.

Finally, I am stepping down from this post following the AGM for personal reasons.

Carol Parker ,June 2015.

Appendix A:Criminal records checks policy (2014) England/Wales/Northern Ireland.

Where a member who intends to coach under 18-year-olds on behalf of the British Kendo Association (“BKA”)on a regular basis, he or she will require:

(a) Shodan grade in the art being coached;

(b) Permission of his/her dojo leader to coach

(d) Coaching insurance.

(e) A criminal records check if he/she requires one under the law or this policy

A member meeting criteria (a) to (e) will be entitled to a Disclosure and Barring Service (“DBS “) check arranged by the BKA, for which the BKA will meet any administrative charges made by its agents DDC Ltd, or the DBS.

(a) Where the BKA has applied for a DBS check on a member at its expense, the member undertakes to subscribe to the DBS Online Updating System and to maintain this subscription each year, and;

(b)The BKA will seek updating information every 3 years.

(c) If the member is unable to subscribe to the online updating service, he/she will apply for a new certificate every 3 years (subject to provision 9f below)

A member can rely on a certificate obtained other than through the BKA, provided that;

(a) If subscribed to the DBS online updating service, he/she provides the certificate details

(b) and evidence of identity to DDC Ltd to allow a request for an online update to be pursued; any related charges by DDC Ltd or the DBS, will be met by the BKA.

(c) If not subscribed online he/she provides sight of the certificate to the Child Protection Officer (“CPO”) and the certificate was granted within the previous 3 years; and that he/she provides the CPO with sight of subsequent certificates.

(d) If the member has already (before 2014) provided the CPO with sight of an existing certificate he/she may rely on that certificate provided it is less than 5 years old, but following any repeat application should subscribe to the online updating service and then follow the procedure in 3 (a).

The BKA reserves the right not to accept a check which shows evidence of convictions relevant to child protection matters. In any such cases the member will not be entitled to coach juniors on behalf of the BKA, and further junior coaching will not be insured by the BKA.

The CPO will record the type, date of issue and serial number of the disclosure certificate, on the membership database.

If the member ceases to coach or no longer requires a certificate for other reasons he or she will inform the CPO, who will ensure that the records are updated.

Where a member intends to open a new dojo open to juniors attending on a weekly or more frequent basis, the dojo leader (or a coach nominated by him to coach juniors) should have a check in place before opening. For coaches joining existing dojos the application should be made within 6 weeks, during which time any teaching of juniors should be supervised.

Junior dojos:

Where the dojo is specifically run for junior members, or a majority of members are juniors, all registered coaches who are teaching juniors regularly (monthly or more) will require full DBS checks.

“Mixed –age” dojos:

Where a dojo is run principally for adult members, but accepts juniors , and juniors do not form the the majority of members the following will apply;

(a) The dojo leader or main coach will require a DBS check (subject to 9 (e) ).

(b) The dojo leader will ensure that the dojo has enough checked coaches to cover in his absence/ the absence of the main coach.

(i) Opt out of coaching juniors or

(ii) Teach juniors only under supervision of a checked person (which will not cover them to teach in the absence of the dojo leader)

And in either of these cases there will be no requirement for a check.

In the context of this clause supervision will mean that the other person is present in the same room/hall.

(d) In the case of (c)(i) or (ii) above the dojo leader will inform the CPO who will record the information on the membership database.

(e) (i) Where a person aged 17 is present in a dojo with no other members under the age of 17, this will be considered “activity merely incidental to adult activity” and will not require any coaches to have a check.

(ii)This provision will cease to apply if a majority of the members of the dojo are aged 17.

(iii) This provision will not apply where the young person aged 17 has additional needs or is vulnerable for other reasons; in which case the dojo leader will contact the CPO and the CPO will have a discretion whether to request a check or checks.

(f) Where there are no juniors present in the dojo 3 years after the DBS check has been carried out; and there have been no junior members attending the dojo in the previous year, then – the coaches teaching only at that dojo will not be required to undertake a new check until another junior member joins the dojo.

Events

(a) run for juniors:

where an event is aimed specifically at juniors or the majority of participants are likely to be juniors, and a coach has been/is teaching juniors for 4+ consecutive days, overnight or for 4 days in a 30 day period, the coach will require a check; otherwise they will not require one, and

where a coach is teaching only under the supervision of a person with a check, they will not require one.

Visiting sensei are therefore unlikely to be required to have a check.

(b) Aimed principally at adults but admitting (less than 50% of) junior members:

Attendance of junior members at this type of event will qualify as “activity merely incidental to adult activity” and therefore coaches will not require checks.

In both cases, this policy is additional to the BKA’s ‘Child welfare at Events’ Policy, which will continue to apply.

(a) A person who is teaching regularly, but not frequently, should notify the CPO of his/her situation; the CPO will give advice on entitlement and need for a check (enhanced but not including vetting and barring lists).

(b) The CPO will have the discretion to require a check if the circumstances justify one in her/his view- for example if the person will be in sole charge of children. However the BKA will not routinely require a check in all circumstances where a person falls within the category in 11(a) above.

(c) If a member falling within 11(a), 8( e) or regularly teaching but only under supervision, wishes to have a check as a matter of ‘good practice’, even though not required by this policy, he/she will be entitled to seek one and the BKA will meet any related costs as in 1 above.

Where a dispute arises between a member and the CPO concerning;

The need for a check

The entitlement to a check

A decision to accept a check;

And if an agreement cannot be reached, then either may refer the matter to the appropriate complaints panel for the bu for a decision. Representations to the panel should be made in writing.

Appendix B : Criminal records checks policy (2014) Scotland

1.Where a member who intends to coach under 18-year-olds on behalf of the British Kendo Association (“BKA”)on a regular basis, he or she will require:

(f) Shodan grade in the art being coached;

(g) Permission of his/her dojo leader to coach

(h) A Level 1 or above coaching certificate;

(i) Coaching insurance.

(j) (i)Where eligible, Protection of Vulnerable Groups “PVG” Scheme membership, or (ii) A Disclosure and Barring Service “DBS” check if he/she requires one under the law or this policy

A member meeting criteria (a) to (d) will be entitled to either PVG membership where required by law, or a Disclosure and Barring Service (“DBS “) check arranged by the BKA; for which the BKA will meet any administrative charges made by its agents DDC Ltd, Disclosure Scotland, or the DBS.

2.Where a member already belongs to the PVG scheme, he or she will provide details of such membership to the CPO (Child Protection Officer). The BKA will seek an updated PVG Scheme record and will meet any fees charged by DDC Ltd and Disclosure Scotland.

3.(a) Where the BKA has applied for a DBS check on a member at its expense, the member undertakes to subscribe to the DBS Online Updating System and to maintain this subscription each year, and;

(b)The BKA will seek updating information every 3 years.

(c) If the member is unable to subscribe to the online updating service, he/she will apply for a new certificate every 3 years (subject to provision 9f below)

4.A member can rely on a CRB or DBS certificate obtained other than through the BKA, provided that;

(e) If subscribed to the DBS online updating service, he/she provides the certificate details and evidence of identity to DDC Ltd to allow a request for an online update to be pursued; any related charges by DDC Ltd or the DBS, will be met by the BKA.

(f) If not subscribed online he/she provides sight of the certificate to the Child Protection Officer (“CPO”) and the certificate was granted within the previous 3 years; and that he/she provides the CPO with sight of subsequent certificates.

(g) If the member has already (before 2014) provided the CPO with a sight of a CRB/DBS certificate he/she may rely on that certificate provided it is less than 5 years old, but following any repeat application should subscribe to the online updating service and then follow the with procedure in 3 (a).

5.The BKA reserves the right not to accept a check or updated scheme record, which shows evidence of convictions relevant to child protection matters. In any such cases the member will not be entitled to coach juniors on behalf of the BKA, and further junior coaching will not be insured by the BKA.

6.The CPO will record either details of the PVG scheme membership, or the type, date of issue and serial number of the disclosure certificate, on the membership database.

If the member ceases to coach, ceases to be a PVG scheme member, or no longer requires a certificate for other reasons he or she will inform the CPO, who will ensure that the records are updated.

Where a member intends to open a new dojo open to juniors attending on a regular basis, the dojo leader (or a coach nominated by him to coach juniors)should have PVG scheme membership or a check in place before opening. For coaches joining existing dojos the application should be made within 6 weeks, during which time any teaching of juniors should be supervised.

Junior dojos:

Where the dojo is specifically run for junior members, or a majority of members are juniors, all registered coaches who are teaching juniors regularly (monthly or more) will require PVG scheme membership ( or alternatively full DBS checks).

“Mixed –age” dojos:

(g) Where a dojo is run principally for adult members, but accepts juniors, and juniors do not form the the majority of members , the activity may constitute “activity merely incidental to activity with adults” falling outside the PVG scheme. This will depend on the exact circumstances- the dojo leader must contact the CPO* to give details of the situation. The CPO will advise the dojo leader whether the BKA wishes to request the member to undertake PVG scheme membership or a DBS check. (*Except in circumstances of (g) below ).

(h) Where the activity appears to the CPO to fall outside of the PVG scheme by reason of being ‘incidental activity’, but would constitute ‘regulated activity’ under the Protection of Freedoms Act 2012 (frequent teaching and the coach exercises safeguarding responsibilities), the CPO may request DBS checks for the dojo leader or main junior coach, where the CPO considers it necessary for the purpose of fulfilling the BKA’s common law duty of care of ‘safe recruitment’.

(i) If an activity is believed to be ‘incidental activity ‘ and if no checks are required, it is the responsibility of the dojo leader to notify the CPO of any significant changes in that activity to allow the need for checks to be reviewed.

(j) The dojo leader will ensure that the dojo has enough PVG members or checked coaches to cover in his absence/ the absence of the main coach.

(k) Subject to the approval of the dojo leader, other registered coaches may elect to opt out of coaching juniors , in which case there will be no requirement for a check. The dojo leader will inform the CPO who will record the information on the membership database.

(l) Where the activity is held to be ‘incidental activity’ and a coach teaches children only occasionally (less than monthly) there will be no need for a check.

(m) (i) Where a person aged 17 is present in a dojo with no other members under the age of 17, this will be considered “activity merely incidental to adult activity” and will not require any coaches to have a check.

(ii)This provision will cease to apply if a majority of the members of the dojo are aged 17.

(iv) This provision will not apply where the young person aged 17 has additional needs or is vulnerable for other reasons; in which case the dojo leader will contact the CPO and the CPO will have a discretion whether to request a check or checks.

(n) Where a member has an existing CRB or DBS check, but there are no juniors present in the dojo 3 years after the check has been carried out; and there have been no junior members attending the dojo in the previous year, then – the coaches teaching only at that dojo will not be required to undertake a new check until another junior member joins the dojo.

Events

(d) run for juniors:

where an event is aimed specifically at juniors or the majority of participants are likely to be juniors, and a coach has been/is teaching juniors on a regular basis , the coach will require PVG membership or a check; otherwise they will not require one.