Licensing Team - Milton Keynes Council,
1 Saxon Gate East, Milton Keynes, MK9 3EJ
e: t: 01908 252800
Guidance for Licensed Chaperones
The Children and Young Persons Act 1963, The Children (Performances and Activities) (England) Regulations 2014
Introduction
This guidance note aims to provide Chaperones, registered by Milton Keynes Council, with some assistance on how to carry out their duties in their care of children appearing in performances.
Chaperone service
The Chaperone's first priority is always to the child. They are the key person to whom the child looks for guidance and support.
One of their greatest strengths is their ability to negotiate with the production company "on site" and to say "no" when what is being requested of the child is detrimental to either, their health, wellbeing and/or education.
A Chaperone should also ensure that a child has the appropriate "licence". If a production company cannot prove that a child is licensed, it is the responsibility of the Chaperone to contact the child's Local Authority as a matter of urgency. If you have an un-licenced child an inspector from the Local Authority can send the child home immediately.
The maximum number of children a chaperone is allowed to have in their care at any one time is 12, unless a tutor is acting as a chaperone in which case the maximum number of children is 3.
Who has to register as a Chaperone?
Parents, unless they are licensed Chaperones, cannot chaperone children other than their own.
Other relatives and child-minders are not legal guardians unless they are recognised as such by the courts, so they will also need to be licensed in order to chaperone a child.
To be approved as a Chaperone you need to apply to Milton Keynes Council or the Local Authority in whose area you normally live.
Statutory duties and responsibilities
Being a licenced chaperone is a responsible position imposing a number of duties on the licence holder, detailed below.
The Performance Licence
• Chaperones must ensure that the applicant for the licence gives them a copy of the licence when issued, so they can ensure that the conditions are complied with, including rest periods, arrangements for tuition, meals etc. A record should be kept of the various periods during the hours of the licence.
• The Chaperone should be thoroughly familiar with the terms of the licence granted by the LA and see that, as far as it lies within his/her power, the conditions are properly fulfilled.
The following table will help you to decide if a licence is required or not.
Paid/unpaid / Type of Work / Absence from school / Length of performance / Parental declaration or Medical required? (A medical may be requested by the local authority) / Licence requiredPaid
(see note 1) / TV or Filming / Yes
(see note 3) / Any period of time / Yes / Yes (see note 5)
Paid
(see note 1) / TV or Filming / No / Any period of time / Yes / Yes (see note 5)
Paid
(see note 1) / Theatre, Sporting, Activity or Modelling / Yes
(see note 3) / Any period of time / Yes / Yes (see note 5)
Paid
(see note 1) / Theatre, Sporting, Activity or Modelling / No / Any period of time / Yes / Yes (see note 5)
Unpaid
(see note 2) / TV or Filming / Yes
(see note 3) / Any period of time / Yes / Yes (see note 5)
Unpaid
(see note 2) / TV or Filming / No / Any period of up to and including 4 days (and not performed within the previous 6 months) / No / No
Unpaid
(see note 2) / Theatre, Sporting, Activity or Modelling / Yes
(see note 3) / Any period of up to and including 4 days (and not performed within the previous 6 months) / No
(see note 4) / Yes (see note 5)
Unpaid
(see note 2) / Theatre, Sporting, Activity or Modelling / No / Any period of up to and including 4 days (and not performed within the previous 6 months) / No
(see note 4) / No
Unpaid
(see note 2) / TV or Filming / Yes
(see note 3) / 5 days or more / Yes / Yes (see note 5)
Unpaid
(see note 2) / TV or Filming / No / 5 days or more / Yes / Yes (see note 5)
Unpaid
(see note 2) / Theatre, Sporting, Activity or Modelling / Yes
(see note 3) / 5 days or more / Possibly (see note 4) / Yes (see note 5)
Unpaid
(see note 2) / Theatre, Sporting, Activity or Modelling / No / 5 days or more / Possibly (see note 4) / Yes (see note 5)
Note1. Paid Performance. Payment to the child in respect of the child’s taking part in the performance whether to him/her or to any other person.
Note2. Unpaid Performances*…………no payment in respect of the child’s taking part in the performance is made, whether to him/her or to any other person except for defraying expenses means that there is no question of any payment or consideration to procure the services of any child taking part in the performance*
Note3. Absence from School*….. Leave of absence may not be given to enable a pupil to undertake employment except in accordance with the licence. The Act and Regulations contain no provision under which absence from school may be authorised for an unlicensed performance
Note4. Parental declarations are required with applications for children who need a performance licence. If the need arises the Local Authority responsible for issuing the licence has the right to require the licence holder to obtain a Medical Certificate from the child’s doctor proving they are fit for the performance.
Any cost incurred with obtaining medical certificates is generally accepted as being met by the body responsible for the production.
Note5. When a licence is required a child shall not take part in a performance or activity except under the authority of a licence. Backdated licences will not be issued; they undermine the licensing process which is a safeguard for the children.
When licences are requested at short notice, Local Authorities will invariably try to accommodate requests. However, there must be enough time to deal with the application detail beforehand. Productions should be mindful that the Local Authority can insist upon ‘21 days’ notice’.
When sending details from one Local Authority to another “the licensing authority must send to those authorities copies of the application form and the licence, together with any information they think should be brought to the notice of the other authorities”
The Child/ren
• The holder of the licence is responsible for ensuring that, during the period beginning with the first performance and ending with the last performance covered by the licence, the child is in the charge of a person who has been approved by the Local Authority (LA) for this purpose, except when he/she is in the charge of his/her parent or a tutor. The regulations describe this person as a Matron (but in some areas, including Milton Keynes, the person may be described as a Chaperone), who may be a man or a woman.
• A Chaperone while in charge of a child under this Regulation shall have the care and control of the child with a view to securing his/her health, comfort, kind treatment and moral welfare.
• The LA shall not approve a Chaperone unless satisfied that he/she can exercise proper care and control of the child(ren), and that he/she will not be prevented from carrying out his/her duties as a Chaperone by other duties.
• A private tutor may act as a Chaperone once approved as such by the LA, provided that the number of children in his/her care does not exceed three, and that the LA is satisfied that the arrangements will not adversely affect the children's education or welfare.
• The Chaperone's first duty is to the child/ren in his/her care; while he/she is acting as a Chaperone he/she may not engage in any activity that would interfere with the performance of his/her duties. Except when a child is in the care of a tutor, the Chaperone is in loco parentis and should exercise duty of care which a parent might reasonably be expected to give that child.
• The Chaperone shall be in charge of the child at all times, except when the child is in the charge of his/her parent or a tutor.
First aid, health and safety
• The Chaperone should have a basic understanding of emergency first aid treatment and also establish that the Performance Licence holder has made appropriate provision under the Health and Safety (First Aid) Regulations. Chaperones should acquaint themselves with the names of the appointed first aiders and the whereabouts of the first aid equipment in the establishment /premises in which they are working.
• The Chaperone should have a basic understanding of the "duty of care" in a workplace situation and be satisfied that suitable risk assessments have been carried out by those responsible for the rehearsal/performance. The Chaperone should be satisfied that any risks which may affect the child/children in their care have been identified and that effective control measures are in place.
Below is a list of typical hazards associated with theatrical and film performance. Please note that this list is not exhaustive but covers some of the more common areas that may give cause for concern:
- Fire Procedures
- Safe place to stand in the wings or off the set
- Movement of scenery
- Flying scenery
- Movement of any machinery
- Periods of temporary darkness (e.g. scene change)
- Falls from a height
- Smoke effects and dry ice
- Noise (e.g. bomb tanks)
- Pyrotechnics
- Trapdoors
- Animals
- Electrical cables
If the performance or activity is outdoors then in addition to some of the above the following may need to be considered:-
- Protection from inclement weather
- Movement of vehicles
- Stray or tethered dogs
General wellbeing
The Chaperone's duties will vary according to the nature of performance or activity i.e. theatre or filming.
• Children should be provided with nutritional food and any special diets for medical reasons, or on moral or religious grounds, must be provided for. While the responsibility for suitable meal arrangements does not lay primarily with the chaperone, Milton Keynes Council does consider it the responsibility of the Chaperone to keep a watching brief and report any concerns to the Licensing team for further investigation.
• The Chaperone must be satisfied with the arrangements for the
dressing rooms. Children 5 years old and above must only change with other children of the same sex and have separate toilet facilities from the adults.
• The Chaperone must acquaint her/himself with the procedure for the evacuation of the building in case of fire. This again is not the direct responsibility of the Chaperone, but the LA considers it the responsibility of the Chaperone to keep a watching brief and report issues to the Licensing team.
• In the event of any contravention of the licence, or incident affecting the well-being of the child(ren), the Chaperone must inform the LA who issued the licence at the earliest opportunity (this will be the Milton Keynes Council Licensing team for children living within the borough but there may be children from outside the area present, in which case their own local authority will have issued the licence).
Milton Keynes Council would expect that any Chaperone authorised by them ensures that no child is discriminated against on grounds of race, gender, colour, nationality, ethnic or national origin.
Filming (see also appendix B for a reference guide concerning breaks and working hours etc)
A child appearing in a film may be at the studios or place of location for much of the day. During the whole of this time he/she is in the Chaperone's charge, except when having lessons, and it is for him/her to accompany the child from the dressing room or school room, as well as remaining on the set while he/she is there.
The Chaperone should keep records of the times the child is on the set and the times he/she rehearses and performs, so as to ensure that the periods permitted under the Regulations are not exceeded. The Chaperone should also ensure that the child does not get less than the required number of breaks for rest and meals.
The Chaperone should ensure that any child in his or her supervision has suitable opportunities for recreation, and that the child is protected from stress, strain, bad weather and any other conditions likely to cause harm.
The Chaperone may allow the child to perform for a further half hour beyond the latest permitted hour (as per Regulations 27 to 29) as long as the total number of hours (including the extra 30 minutes) does not exceed the maximum number of permitted hours, if it appears to the Chaperone that the welfare of the child will not suffer and the reasons for the extra 30 minutes are outside the control of the licence holder. The Chaperone must inform the LA on either the same day or the following day that the extension has been approved.
The Chaperone may allow one daily interval put aside for a meal break, to be reduced, when the child is working outdoors, provided that the reduced break is still at least half an hour. Even with the reduction the total number of hours worked by the child must not exceed the permitted maximum.
Theatre, paid sport and modelling
The restrictions and conditions in the Regulations shall apply in the case of every licence authorising a child to take part in a performance other than a broadcast performance to be recorded (by whatever means) with a view to its use in a broadcast or in a film intended for public exhibition.