Safeguarding policy and procedures

Our safeguarding practice places the views of children and young people at the centre of our policy planning and implementation processes. This approach makes sure that their welfare remains paramount in all we do.

Our safeguarding practice places the views of an individual at the centre of our policy planning and implementation processes. It encourages us to have conversations with people about how we might respond in safeguarding situations in ways that enhance involvement, inform choice and control. We work preventatively, to make sure that robust procedures are in place and respond to each adult at risk as a unique and valued individual, in ways which advances the person’s rights, dignity and wellbeing and are legal, proportionate and reasonable; mindful at all times that we are working to safeguard adults who have the right to be involved in and informed of all safeguarding decisions which affect them. It’s about seeing people as experts in their own lives and working alongside them with the aim of enabling them to reach better resolution of their circumstances and recovery.

All volunteers are required to complete safeguarding training as part of ‘Getting started’ within five months of appointment. This is mandatory and must be updated on a regular basis and at least every three years depending on their individual role. All staff members must also attend mandatory safeguarding training, and this also should be updated every three years. Scouting appointments may be suspended if safeguarding training expires. It is the responsibility of the individual’s line manager to ensure training has been undertaken; this is a mandatory HQ requirement.

The Scout Association is committed to making sure that safeguarding training remains updated and relevant, so that all volunteers and staff members understand their individual and organisational commitment to ensuring that young people’s safety and wellbeing remains a priority.

Safe working practice means working together to create a safe space for all. The Scout Association will offer young people and adults at risk a transparent and open environment where they can develop, learn, explore or volunteer. They can be confident that the Yellow Card is embedded within the culture, that challenge is accepted and that the building of open, strong professional relationships is encouraged.

Anyone who reports any safeguarding concerns or allegations to The Scout Association will be treated with respect. All safeguarding concerns and allegations will be dealt with in accordance with statutory child safeguarding guidance and The Scout Association ‘safeguarding procedures. All volunteers and staff will cooperate fully with the statutory authorities in all cases. The safeguarding procedures are outlined in the end to end process.

Whenever a safeguarding concern, breach of the Yellow Card or report of historic abuse is raised, The Scout Association will offer support to all those that have been affected. People will receive a compassionate response, be listened to and be taken seriously. The Scout Association will respond in accordance with this policy and practice guidance. Where appropriate, this will be done in collaboration with the relevant statutory agencies.

In responding to safeguarding concerns or allegations of abuse, The Scout Association will endeavour to respect the rights under criminal and civil law of an accused person. The Scout Association will take responsibility for making sure that steps are taken to protect children, young people and adults at risk when any person is considered a risk to others through the safeguarding process. In addition, The Scout Association recognises people who are subject to safeguarding concerns are vulnerable during any internal or statutory agency process. The Scout Association will take all reasonable steps to support people through this process.

Sharing information is vital to protect children, young people and adults at risk from suffering or being likely to suffer significant harm. However, information will only be shared with the relevant people and otherwise will be treated with the strictest of confidence to make sure that all individuals involved have trust in the handling of any safeguarding concerns.

The Scout Association acknowledges the emotional impact and distress that can be caused to volunteers when dealing with, witnessing or referring child protection or safeguarding matters. The HQ Safeguarding Team, in collaboration with the volunteer line managers, will offer support, guidance and appropriate signposting to any individual who’s been affected. It’s recognised that making a safeguarding report can be difficult, but all volunteers have a duty to report concerns or suspicions and have a right to do so in confidence and free from harassment. All volunteers will be appropriately supported throughout the process if and when required.

The Scout Association’s whistleblowing policy is available online if, after reporting a concern, you don’t feel that it’s been adequately dealt with.

Keeping children, young people and adults at risk safe and dealing with all parties involved in any safeguarding enquiry respectfully is of paramount importance. However, The Scout Association recognises that processes and outcomes can and must be improved. The Scout Association is committed to being transparent about learning from these situations through a robust and effective quality assurance and compliance process, which is monitored by the Board of Trustees and checked through independent external scrutiny.

The Scout Association recognises the importance of working collaboratively with other organisations external to The Scout Association in order to ensure we maximise our impact on children and young people within the organisation.

When working in partnership with other organisations or at other venues, The Scout Association's priority is the safeguarding of children and young people and our Safeguarding Policy, Code of Conduct for Volunteers and safeguarding procedures will be upheld.

Someone can have complex needs because of learning or physical disabilities, neurodiversity, mental health, acquired brain injury or dementia. This can also be combined with physical health needs, such as epilepsy or sensory issues. Additional needs are when an individual has a difficulty, whether physical, emotional, behavioural, learning disability or impairment which causes them to require additional or specialised services or accommodation, including educational or recreational.

Reasonable adjustments should respond to the needs of the individual and remove or reduce any barriers or support access, by making changes to:

• Physical environment (eg the meeting place).
• The way things are done (eg the programme, routines).
• The support provided (eg equipment, adapting communication, the level of support).

These considerations should be explored in detail, in consultation with the individual and where appropriate, their carer. The situation should be regularly reviewed to make sure that the adjustments are removing barriers to participation, are being implemented effectively and are responding to the needs of the individual. What’s reasonable is dependent upon the effectiveness of the adjustment, whether it can actually be done, and the cost and resources available to the Group at that time. Reasonable adjustments is a legal term which recognises that each Group will have different practical resources to meet the needs of an individual person.

The HQ Safeguarding Team (staff) sit within the Safe Scouting Department which includes health and safety and safeguarding. They respond to safeguarding reports and advise volunteer line managers on the action required. The Head of Safeguarding is the ultimate source of advice on all safeguarding matters.

The HQ Safeguarding Team is made up of:

• Safe Scouting Administrators
• Safeguarding Support Officers
• Safeguarding Officers
• Safeguarding Support Team Manager
• Safeguarding Managers
• National Safeguarding Operations Manager
• Deputy Head of Safeguarding
• Head of Safeguarding
• There is also a Safe Scouting Development Team which is made up of a Senior Development Officer and Development Officers. 

• All volunteers: Safeguarding is the responsibility of all volunteers and everyone must follow the Safeguarding Code of Conduct for Adults (Yellow Card).
• Commissioners: Have the responsibility of appointing appropriate people with the required disclosure check. To take immediate steps in consultation with the HQ Safeguarding Team to make sure no Scout activity arises which could cause harm. To suspend where necessary, and to appoint Safeguarding Advisors (see POR).
• Group Scout Leaders and Section Leaders (including Explorer Leaders): To provide a safe space for all activities and events to run safely for all. To be alert, question behaviours, seek advice, support and report safeguarding concerns.
• Safeguarding Advisers: Provide general advice within their county and specific advice to their County Commissioner and Executive committee on the implementation of the Safeguarding policy.
• Trustees: The Scout Association’s Board of Trustees hold the responsibility to make sure this Safeguarding Policy is implemented and working effectively. The trustees delegate this responsibility to the Safeguarding Committee to ensure effective quality assurance, compliance and reporting. The trustees’ full responsibilities are listed in Appendix C.

Safeguarding practice isn’t just about having a child protection process, but a way of working that’s embedded in everything The Scout Association do and the way that we do it. As such, all volunteers and staff must make sure the following happens, whatever part of the organisation they work in:

• That all children, young people and parents/carers have all the information they need to make an informed decision before choosing whether to participate in activities, events, trips and overseas visits.
• That ALL electronic communication between adults and children or young people follows strict guidelines so that we don’t place anyone at risk of harm. There must be no individual electronic/social media communication between an adult and a child or young person. All such communication should be within a group, age appropriate and with more than one adult engaged within the communication. The Yellow Card (Safeguarding Code of Conduct for Adults) must be followed in both offline and online activities. Our Digital Safeguarding guidance provides further information about
  • Use of instant messaging services, social media and emails
  • Safety on live video calls
  • Photography, video and audio recording at Scout events
• That we encourage volunteers and staff to discuss their concerns with the HQ Safeguarding Team.
• That children and young people have access to adults that they trust and are clear on how to report their concerns.
• That young leaders are regarded as young people under the terms of this policy and managed accordingly. Any young person in a leadership role must have full understanding of and be able to uphold their responsibilities highlighted within the Orange Card and have the capacity to understand the information.
• That all adults working with children must familiarise themselves with all of The Scout Association’s safeguarding, safety and associated policies and procedures, which are updated when required.
• Adults must not consume alcohol when they’re directly responsible for children or young people on a Scouts activity and must not permit anyone aged under 18 to purchase or consume alcohol. Drinking alcohol can put adults in a compromising position regarding their responsibilities for safeguarding and their duty of care. Anyone drinking alcohol when ‘off duty’ should consider how alcohol may affect their ability to carry out their Scouting role when back ‘on duty’ and correct ratios must always be adhered to. (See the Green Card for more information and guidance.)
• The use of any illegal substances on Scout activities is against the law and appropriate safeguarding action will be taken where necessary by the responsible commissioners. Headquarters will support and issue additional guidance on request.
• Sex and relationships – See ‘Promoting good sexual health within Scouts’ which clearly outlines the role and responsibilities for leaders when discussing sex and relationships with children and young people within Scouts.
• When working with partner organisations, a term of our agreement will be that the third party state: ‘We confirm that we have read and understood The Scout Association’s Safeguarding policy and agree to abide by it.’

It is everyone’s duty to report ALL safeguarding concerns whether disclosed directly or indirectly as soon as possible (always within 24 hours). If you are unsure what to do, or you are not sure if a report has been made to the HQ Safeguarding Team regarding a concern, contact the HQ Safeguarding Team.

If you’re in doubt of what to do, contact the HQ Safeguarding Team. If a child or young person is at immediate risk of significant harm call 999 and request the police. Contact details of the HQ Safeguarding Team are found in the reporting form (Appendix D).

An adult at risk who’s aged between 18 and 25 years old can be a member of the Scout Network, which means they can access activities such as camps and international development with the explicit agreement of the District or County Commissioner.

If someone within this age range is a member of a group within a Special Educational Needs (SEN) school with sufficient interest and participants, a consideration can be made to create a Network group within the school.

Consultation with the responsible Commissioner would be required. Permission should be logged and be subject to annual review. Additional assessment, training and, in some cases, vetting checks, may need to be implemented. This may only occur in exceptional circumstances and only with clear written permissions. See POR.

An adult at risk who reaches their 25th birthday may take on a new role in Scouts, such as an adult appointment, or join a Scout Active Support Unit, subject to the appointment process. It’s not possible to remain a member of the Scout Network outside of these options. Every effort should be made to signpost using the information found online.

An adult at risk who holds a role in a position of trust, who is temporarily incapacitated, eg has a period of poor mental health or sudden onset of illness, should be asked to step down temporarily under the support of the District or County Commissioner. If this is a long-term situation then advice should be sought from the HQ Safeguarding Team, but consideration should be given to withdrawal based on their ability to safeguard children and young people in their care. Advice should always be sought from the HQ Safeguarding Team and the individual’s line management team.

It’s the policy of The Scout Association that all adult volunteers, which includes carers, must have the appropriate disclosure check for the role and the regulated activity they’re undertaking.

In line with our safer recruitment and safeguarding policies, a member must not undertake a role until they’ve successfully:

• Completed the relevant recruitment checks for that role; and
• Completed the required training for that role.

In addition, no individual should be expected to undertake a role that they don’t feel comfortable with.

The definition of regulated activity is different for children and adults. The definition of regulated activity for adults at risk focuses on the type of activity and contact an individual may have with the adult. Unlike the definition of regulated activity with children, the definition for adults does not stipulate a frequency requirement. For adults at risk, the activity alone means an individual is in regulated activity and one instance is enough to qualify.

If you're asked to undertake activities that may fall within the scope of what is called intimate care then you should discuss with the responsible Commissioner to check you’re correctly vetted and have completed the required training. Otherwise you must not undertake those activities.

• Discrimination: When someone is targeted because of a difference, eg race, sex, gender, age, disability, religion or belief, sexual preference, appearance or cultural background, pregnancy and maternity, marriage or civil partnership.
• Domestic abuse: Domestic abuse can encompass a wide range of behaviours and may be a single incident or a pattern of incidents. Domestic abuse is not limited to physical acts of violence or threatening behaviour, and can include emotional, psychological, controlling or coercive behaviour, sexual and/or economic abuse. Types of domestic abuse include intimate partner violence, abuse by family members, teenage relationship abuse and adolescent to parent violence. Anyone can be a victim of domestic abuse, regardless of gender, age, ethnicity, socio-economic status, sexuality or background and domestic abuse can take place inside or outside of the home.
• Emotional/psychological abuse: The persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child’s emotional development. It may involve conveying to a child that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may include not giving the child opportunities to express their views, deliberately silencing them or ‘making fun’ of what they say or how they communicate. It may feature age or developmentally inappropriate expectations being imposed on children. These may include interactions that are beyond a child’s developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child participating in normal social interaction. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying (including cyber bullying), causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.
• Financial abuse: The theft or control of a person’s property or assets.
• Neglect/acts of omission: The persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, neglect may involve a parent or carer failing to: a. provide adequate food, clothing and shelter (including exclusion from home or abandonment) b. protect a child from physical and emotional harm or danger c. ensure adequate supervision (including the use of inadequate caregivers) d. ensure access to appropriate medical care or treatment It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.
• Organisational/institutional abuse: Where an organisation fails to prevent repeated maltreatment, abuse or neglect of children, young people or adults at risk.
• Child-on-child abuse: Children and young people can also be abusers of other children, usually through bullying, sexual abuse, physical abuse, issues online, youth produced sexual images or any form of initiation.
• Physical abuse: A form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.
• Sexual abuse: Involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (for example, rape or oral sex) or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing. They may also include non-contact activities, such as involving children in looking at, or in the production of, sexual images, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse. Sexual abuse can take place online, and technology can be used to facilitate offline abuse. Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children.

Exploitation is when someone is used for financial gain, sexual gratification, labour or personal advantage:

• Child Sexual Exploitation: a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power to coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial advantage or increased status of the perpetrator or facilitator. The victim may have been sexually exploited even if the sexual activity appears consensual. Child sexual exploitation does not always involve physical contact; it can also occur through the use of technology.
• Child Criminal Exploitation: where an individual or group takes advantage of an imbalance of power to coerce, control, manipulate or deceive a child or young person into any criminal activity (a) in exchange for something the victim needs or wants, and/or (b) for the financial or other advantage of the perpetrator or facilitator and/or (c) through violence or the threat of violence. Child criminal exploitation does not always involve physical contact; it can also occur through the use of technology.
• County lines: a term used to describe gangs and organised criminal networks involved in exporting illegal drugs into one or more importing areas within the UK, using dedicated mobile phone lines or other form of ‘deal line’. They are likely to exploit children and vulnerable adults to move and store the drugs and money, and they will often use coercion, intimidation, violence (including sexual violence) and weapons.
• Gang: A group of people of any age with a defined leadership and internal organisation. They identify with, or claim control over, territory in a community and engage either individually or collectively in illegal and possibly violet behaviour.
• Modern slavery/human trafficking: Includes forced labour, domestic servitude, coercion, deceiving or forcing an individual into a life or abuse/servitude such as drug running.
• Sexual: Where individuals are coerced into any form of sexual activity by power, money or status.

• Addiction: The inability to stop a particular behaviour such as drinking alcohol, taking drugs, or gambling. This addiction can impact relationships, health, finances and career. Addiction often co-occurs with other issues and it can make people vulnerable to coercion and/or mental health issues.
• Bullying: Is a pattern of behaviour that can be threatening, aggressive, intimidating, abusive, insulting, offensive, cruel, vindictive, humiliating, degrading or demeaning. It can happen between children, young people, adults, in groups or singularly. It can happen within the ‘real world’ or online.
• Cyberbullying (online bullying): Happens across social media networks, when gaming or via mobile phones. Examples can include posting offensive material, and spreading rumours or embarrassing images.
• Drug or alcohol misuse: Is a pattern of behaviour which changes or alters the mood or mental state of an individual. Not all substances that can cause harm are illegal but should not be permitted within the context of The Scout Association. Find further guidance regarding drugs here.
• Grooming: An abuser may make every effort to build a trusting relationship with the child, young person or adult at risk, and will often befriend or seek to maintain the respect of friends and colleagues.
• Harmful traditional practices:
  • Corporal punishment: Defined by the Committee on the Rights of the Child as any punishment in which physical force is used and intended to cause some degree of pain.
  • Early child marriage: Marriage of a child (under the legal age to wed) to another person.
  • Forced marriage: When someone’s forced into a marriage without their consent, where violence or threats are used in the form of coercion to this end. This practice is illegal in the UK.
  • Female Genital Mutilation (FGM): Refers to a procedure which intentionally alters or causes injury to the female genital organs for non-medical reasons and without their informed consent. It can occur in the UK or an individual may be taken outside of the UK. It is illegal in the UK.
  • Honour based violence: When incidents or crimes are committed to protect or defend the family or community’s honour.
  • Scarification: refers to someone making superficial incisions on another person’s skin usually by using a knife, stone or piece of glass.
• Self-harm: Deliberately causing harm to yourself by either hurting or putting yourself in harm’s way. Self-harm is mainly a coping strategy which young people adopt to release emotional stress.
• Self-neglect: The failure to care for yourself, eg personal hygiene, health or environment.
• Sexting (including youth produced sexual images): When someone shares sexual, naked or semi-naked images of themselves or others or sends sexually explicit pictures. Sharing, possession or distribution of such images of a person under the age of 18 is illegal in the UK. There are also criminal offences in regards to adults posting sexual images of other adults in certain circumstances.

The signs of child abuse can be hard to spot as they aren't always obvious, and a child or young person might not feel able to tell anyone what's happening to them. Sometimes, children and young people don't even realise that what's happening to them is abuse.

There are different types of child abuse and the signs that a child is being abused may depend on the type. For example, the signs that a child is being neglected may be different from the signs that a child is being abused sexually.

Some common signs that there may be something concerning happening in a child’s life include:

• unexplained changes in behaviour or personality.
• becoming withdrawn.
• seeming anxious.
• becoming uncharacteristically aggressive.
• lacks social skills and has few friends, if any.
• poor bond or relationship with a parent.
• knowledge of adult issues inappropriate for their age.
• running away or going missing.
• always choosing to wear clothes which cover their body.

These signs don’t necessarily mean that a child is being abused, there could be other things happening in their life which are affecting their behaviour.

You may also notice some concerning behaviour from adults who you know have children in their care, which makes you concerned for the child/children’s safety and wellbeing.

If you have concerns you can discuss them with the HQ Safeguarding Team who will help assess the situation.

Mental capacity is a legal term and is contained in the Mental Capacity Act 2005 and the Mental Capacity Act Code of Practice, which is statutory guidance.

Mental capacity is assessed in relation to the particular decision which needs to be made. This means that whether a person has mental capacity to make a particular decision or not has to be considered on an individual basis in the light of the circumstances at the time. You mustn’t just make a conclusion that someone lacks mental capacity generally. If a person lacks the capacity to make this particular decision, then someone else (usually their parent/carer) may be able to make that decision for them.

Advice should be sought from the Safeguarding Team if there are concerns regarding mental capacity.

A person must be assumed to have capacity to make decisions that affect them unless there’s evidence that they’re not able to make the relevant decision.

Someone’s treated as being unable to make a decision if they’re not able:

• To understand the information relevant to the decision,
• To retain that information,
• To use or weigh that information as part of the process of making the decision, or
• To communicate their decision (using the most appropriate method to ensure effective communication).

All practical steps should be taken to help them make the decision.

Before concluding that an individual’s unable to make a decision, all practical steps should be taken to help them make the decision. Importantly, the Mental Capacity Act is clear that a person isn’t to be treated as unable to make a decision merely because they make an unwise decision, have a disability or are assumed to not be able to because of their individual needs. If an individual lacks capacity to make a particular decision, the person making the decision on their behalf may, when appropriate, act in the individual’s best interests.

Mental wellbeing is how an individual copes with the normal stresses of life, can work productively and can make a contribution to their community. Anyone can experience good or poor mental wellbeing at any point in their lives.

Mental health problems may vary in terms of strength and frequency of re-occurrence; they can take the form of an occasional crisis or a steady state over many years. Some individuals with a mental health issue can be at risk as they develop potentially harmful coping strategies, e.g. anxiety attacks, self-harm or suicidal ideation. There may be a small risk in terms of aggressive behaviour.

We recognise The Scout Association has a legal duty under the Equality Act 2010 to ensure accessibility for all, but also that The Scout Association provides opportunities for children and young people to get together, build connections and friendships and provide peer support among themselves. This can help to build tolerance and empathy amongst children and young people and can be particularly powerful for groups of children and young people known to be at risk of developing mental health problems. The Scout Association seeks to encourage any person who is facing mental health problems to talk to their leaders or volunteer line managers around how The Scout Association can better support them in their Scouting journey. Supporting children, young people or adults at risk with mental health issues and assessing any risk to them or others is part of our wider safeguarding duties.

Protecting children and young people from the risk of radicalisation is seen as part of The Scout Association’s wider safeguarding duties and is similar in nature to protecting children and young people from other grooming behaviours. Volunteers and staff should be able to identify children who may be vulnerable to radicalisation and know what to do when they are identified. We seek to build children and young people’s resilience to radicalisation by promoting our Scout values and enable them to challenge extremist views within the youth programme.

It’s important to emphasise that we don’t seek to control or preclude open discussion of controversial issues. Groups should provide a safe space in which children and young people can understand the risks associated with radicalisation and develop the knowledge and skills to be able to challenge extremist arguments and indoctrination. While we don’t have a legal duty under the Counter-Terrorism and Security Act 2015 to have ‘due regard to the need to prevent people from being drawn into terrorism’ (the Prevent duty), we take all aspects of the safety and welfare of our young people seriously.

Radicalisation can occur within any community if extremist views are left unchallenged.

You can get further information on radicalisation from ACT Early and training available through the government PREVENT e-learning training package. Don't forget that any concern for a Scouts member relating to radicalisation must be reported to the HQ Safeguarding Team.

The Scout Association is an organisation that places value in our inclusivity and actively promotes our equal opportunities policy. The Scout Association welcomes members regardless of their sexual orientation or gender identity. Transgender or ‘trans’ is an umbrella term used to describe people whose gender is not the same as, or does not sit comfortably with, the sex they were assigned at birth. A person may live or be considering living in their self-identified gender; going through what’s known as transition, being known by a different name, wearing different clothes and/or concealing parts of their body. The person may or may not decide to have gender reassignment to permanently alter their body to match their self-identified gender. A person may call themselves transgender or ‘trans’ for short. However, they may simply live as their acquired gender and not want others to know they are transgender.

A person of any age over 18 years may choose to apply for a Gender Recognition Certificate (GRC), as a legal recognition of their acquired gender. This isn’t compulsory and is often not applied for. The Scout Association recognises the importance and benefit of supporting an individual, either adult or young person, who’s transitioning or identifies as transgender. It’s important to recognise that a trans person is at particular risk of physical, sexual and emotional abuse.

Similar to many individuals, a trans person may seek support and access to networks of those sharing similar views and feelings online (for further information, see Supporting trans young people). The same principle applies when supporting young people who identify as non-binary or gender neutral.

We’re an inclusive organisation and encourage all members to talk to their leaders or volunteer line managers around how The Scout Association can better support them.

If any volunteer or staff member has a concern in regard to any of these areas, contact the HQ Safeguarding Team for advice and guidance. Contact information can be found on the website, Yellow Card and on the safeguarding reporting form.

The circumstances are as follows: 

• The relationship is consensual, and
• an 18-year-old (Adult) has become an adult volunteer or Network member, and
• the relationship is with a youth member within Scouts who is aged over 16 that began prior to the individual taking on the role as leader or becoming Network member, and 
• the adult has informed their line manager and local lead volunteer of the pre-existing relationship prior to taking their appointment or becoming a Network member.

In the above circumstances, the line manager and local lead volunteer must be notified and satisfy themselves that the above conditions are in place. A meeting must be held with the youth member and their parent/carer to make sure that there’s a full understanding of the situation and agree any restrictions that are deemed necessary to be put in place. An agreement will be undertaken and strictly adhered to that the adult will not volunteer or be placed in a position of trust in the Group or Unit, that the youth member that they’re in a relationship with attends.

Where a pre-existing relationship has been disclosed as defined above and both the adult and youth member wish to attend the same scouting activity, the following will apply:

• All pre-existing relationships where there will be an over 18 and an under 18 at any point, from planning stage to the end of the event must be disclosed to the line manager, local lead volunteer and event organisers at the earliest opportunity.
• Parents and Carers for any individual under 18 to which this policy applies, must be consulted with by the Lead Volunteer, specifically in relation to the activity detail to agree any safeguarding measures to be taken and authorise attendance with full knowledge of the pre-existing relationship.
• Should participants not be willing to disclose a pre-existing relationship to parents or carers then they will not be able to attend the activity together.
• All involved will be explicitly reminded of their obligations in relation to the Safeguarding Policy and Yellow Card. Under no circumstances will the sharing of accommodation be permitted at any stage of an event, including the planning stages, between under and over 18-year-old participants regardless of any pre-existing relationship.
• All involved will ensure their interactions, actions and behaviours both online and when attending scouting activity together in a pre-existing relationship are appropriate and do not bring the movement into disrepute.
• The over 18 adults will not be permitted to be in a leadership position or position of trust with responsibility for the person they are in a pre-existing relationship with at any scouting activity.
• The HQ Safeguarding Team can provide guidance if further mitigations or considerations are required. These next steps may include (but not be limited to):
  • Development of specific case mitigations and action plans
  • Discussing with the adult participants agreed behaviour and boundaries during the event.
  • Where it is deemed mitigation of any risk is not possible the adult will not be permitted to attend the event.

Any concerns that this guidance is not being followed, and may be being abused, must be reported to the HQ Safeguarding Team.

This exception to the Yellow Card can only be used in the specific circumstances stated and strict adherence of this must be monitored to avoid abuse in the guise of a pre-existing relationship. A framework for conversations regarding pre-existing relationships is in Appendix E.

If any volunteer or staff member has a concern regarding any of these areas, contact the HQ Safeguarding Team for advice and guidance.

Whether abuse is recent or happened a long time ago, it’s never too late to report it. Volunteers must report any concern to the Safeguarding Team, regardless of how historic it is.  Anyone can report non-recent abuse by speaking to the Safeguarding Team or reporting anonymously using the Whistleblowing Policy or through the NSPCC Whistleblowing Advice Line.

Reporting can stop the offender abusing other children or young people, so the Safeguarding Team will report all reports non-recent abuse to the police and the local authority.

We appreciate the bravery it takes to consider talking about an experience of abuse. We take all reports of abuse seriously and want to support victims and survivors.    

All recording of information should be factual. Where opinions or hearsay are given, these must be clearly differentiated from fact, and should identify whose opinion is being given, ideally using their exact words. Opinions expressed must be relevant to the situation, respectful and appropriate in tone.

We should always be mindful that in many cases data subjects can request access to their data, and such requests can result in some or all of their records being disclosed to them.

Notes taken by volunteers in relation to safeguarding disclosures, concerns or allegations must be passed to the HQ Safeguarding Team.

All information about welfare concerns, safeguarding concerns and allegations are stored centrally, securely and separately from other records on The Scout Association case management system to ensure continuity of care, risk assessment and risk management across the organisation.

The Scout Association will process data in line with our Data Protection Policy.  

Records are kept in line with our Data Retention Policy and technical and organisational measures are in place to ensure the integrity of the personal information stored.

Due to the fact that local Scout Groups, Districts, Counties/Areas/Regions (Scotland) and Countries are their own distinct data controllers, separate to The Scout Association and separate legal entities, they are responsible for their data compliance. The Scout Association provides guidance, signposting and resources to local data controllers on the UK GDPR via our GDPR toolkit. 

Data retained locally should be proportionate and in line with the principles of data protection (Lawfulness, Fairness and Transparency, Purpose Limitation, Data Minimisation, Accuracy, Storage Limitation, Integrity and Confidentiality).

A local Data Lead can lead on decision making, and a local Data Protection Policy and Retention Schedule should be followed.  Groups, Districts, Counties/Areas/Regions (Scotland) and Countries should be mindful that the more data held, the greater the risk associated with data breaches are and it can mean increased burden when data rights request are submitted. 

The Scout Association may need to share personal information for a number of reasons: 

• There is a concern that a child may be at risk of significant harm.
• There is information alleging that a crime may have been committed or may be committed.
• A referral is being made to request additional support for a child and/or their family.
• A statutory agency has asked for information about an individual.
• There are significant concerns about an adult volunteer or staff member’s suitability to work with children and young people or we have removed them from the organisation in line with Working Together to Safeguard Children statutory guidance or the relevant national legislation or POR.

Information is shared in line with our Data Protection Policy and Government guidance on Information Sharing for Safeguarding Practitioners July 2018, ensuring that information sharing is necessary, proportionate, relevant, adequate, timely and secure.  Decision making on the reason for the sharing of information is recorded on our case management system.

The Scout Association will, in most cases, seek parental consent to share information about concerns about their child.  However if consent isn’t given, The Scout Association will still share information with relevant professionals under certain circumstances, for example, where we are protecting a child from significant harm and promoting the welfare of a child. In cases where information is shared without parental consent, a written record is kept explaining why and this is shared with the agency/agencies The Scout Association is sharing the information with.

Groups, Districts, Counties/Areas/Regions (Scotland) and Countries are advised to record any decision about information sharing.

On occasion, the HQ Safeguarding Team might advise a relevant partner of a serious safeguarding incident (as defined by the Charity Commission) which may affect them too.

Any breaches of information security must be reported to the Data Protection Officer at enquiries.dpo@scouts.org.uk. 

Volunteer – someone who gives their time freely for the benefit of The Scouts and within the definitions of this policy also includes any leader, manager, supporter, Scout Network Member, associate member, executive committee member or trustee

Legally means any person over the age of 18.

An adult, who is, or may be, in need of community care services such as adult social services, because of mental health, disability, age or illness, and/or who is unable to care for themselves or unable to protect themselves from significant harm or exploitation. This is further defined by each Nation.

In England, section 42 of the Care Act 2014 provides the safeguarding duties in the Act apply to an adult who:

1. has needs for care and support (whether or not the local authority is meeting any of those needs), 
2. is experiencing, or at risk of, abuse or neglect, and
3. as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.

In Scotland, Section 3 of the Adult Support and Protection (Scotland) Act 2007 defines adults at risk as adults who:

1. are unable to safeguard their own wellbeing, property, rights or other interests,
2. are at risk of harm, and 
3. because they’re affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.

In Wales, Section 126 of the Social Services and Well-being (Wales) Act 2014 defines an adult at risk as an adult who:

1. is experiencing or is at risk of abuse or neglect,
2. has needs for care and support (whether or not the authority is meeting any of those needs), and 
3. as a result of those needs is unable to protect himself or herself against the abuse or neglect or the risk of it.

In Northern Ireland, an adult at risk (known as an adult in need of protection) is defined as a person aged 18 or over whose exposure to harm through abuse, exploitation or neglect may be increased by their: personal circumstances and/or life circumstances, and who is unable to protect their own well-being, property, assets, rights or other interests; and, where the action or inaction of another person or persons is causing, or is likely to cause him/her to be harmed. This is further defined in Section 3 of the Safeguarding Vulnerable Groups (NI) Order 2007.

Adult protection is part of safeguarding and refers to the activity undertaken to protect adults suffering from, or at risk of significant harm (No Secrets – Statutory guidance (2000), and Social Care Institute for Excellence (2011): Safeguarding Adults at Risk of Harm).

Refers to an assertion or suspicion made by an individual that another person may have committed an act that is usually considered negative or harmful.

The Scout Association recognises the legal definition of ‘child’ can differ across jurisdictions. However, for The Scout Association a ‘child’ is someone under 18 years old.

Working Together to Safeguard Children 2023(England) defines a child as anyone who has not yet reached their 18th birthday. The fact that a child has reached 16 years of age, is living independently or is in further education, is a member of the armed forces, is in hospital or in custody in the secure estate, does not change their status or entitlements to services or protection.

Section 3 of the Social Services and well-being (Wales) Act 2014 states that a child is a person aged under 18.

The Children (Northern Ireland) Order 1995 defines a child as ‘a person under the age of 18’.

The National Guidance for Child Protection in Scotland 2021 defines a child as ‘under the age of 18 years’. However, there may be circumstances where people aged 16 and 17 years are classed as adults and advice should be taken on a case by case basis on which laws apply in Scotland.

Our safeguarding practice places the views of children and young people at the centre of our policy planning and implementation processes. This approach makes sure that their welfare remains paramount in all we do.

Part of safeguarding and promoting welfare. This refers to the activity that is undertaken to protect specific children who are suffering, or are likely to suffer, significant harm. (Working Together to Safeguard Children 2023)

Includes physical, intellectual, emotional, social or behavioural development.

Information shared by an individual, either written or verbal, relating to a safeguarding concern that is historic, current or may happen in the future. 

A single plan, which covers the education, health and social care needs of a child or young person with special educational needs and/or a disability (SEND). 

Extremism goes beyond terrorism and includes people who target the vulnerable – including the young – by seeking to sow division between communities on the basis of race, faith or denomination; justify discrimination towards women and girls; persuade others that minorities are inferior; or argue against the primacy of democracy and the rule of law in our society. Extremism is defined in the Counter Extremism Strategy 2015 as the vocal or active opposition to our fundamental values, including the rule of law, individual liberty and the mutual respect and tolerance of different faiths and beliefs. We also regard calls for the death of members of our armed forces as extremist (Working Together to Safeguard Children 2023).

Is the planned and deliberate act of manoeuvring an individual into a position of isolation to make sure they become a key influencer or ‘trusted person’.

See parent definition.

Includes physical and mental health.

Includes sexual abuse and other forms of ill-treatment which may not be physical.

An individual who, in law, has custody, guardianship or access rights in regards to a child and who may have corollary obligations to financially support a minor, typically by way of child support. Also includes individuals who may have a child born through a surrogacy; those who adopt a child, those who have care or control of a child through a foster care arrangement; and those who have the care or custody of a child through a Court order.

Under section 576 of the Education Act 1996 (EA 1996), a ‘parent’ in relation to a child or young person is defined as: The biological parents of a child, whether they are married or not. Anyone who, although not a biological parent, has parental responsibility for a child.

A mother automatically has parental responsibility for her child
from birth. A father usually has parental responsibility if he’s either:

• Married to the child’s mother; or
• listed on the birth certificate (after a certain date, depending on which part of the UK the child was born in).

You can apply for parental responsibility if you don’t automatically have it.

For births in England and Wales, if the parents of a child are married when the child is born, or if they’ve jointly adopted a child, both have parental responsibility. They both keep parental responsibility if they later divorce.

For births registered in Scotland, a father has parental responsibility if he’s married to the mother when the child is conceived, or marries her at any point afterwards. An unmarried father has parental responsibility if he’s named on the child’s birth certificate (from 4 May 2006).

For births registered in Northern Ireland, a father has parental responsibility if he’s married to the mother at the time of the child’s birth. If a father marries the mother after the child’s birth, he has parental responsibility if he lives in Northern Ireland at the time of the marriage. An unmarried father has parental responsibility if he’s named, or becomes named, on the child’s birth certificate (from 15 April 2002).

For births registered outside the UK, if a child is born overseas and comes to live in the UK, parental responsibility depends on the UK country they’re now living in.

For unmarried parents, an unmarried father can get parental responsibility for his child in one of three ways:

• Jointly registering the birth of the child with the mother (from 1 December 2003).
• Getting a parental responsibility agreement with the mother.
• Getting a parental responsibility order from a court.

For civil partners, same-sex partners will both have parental responsibility if they were civil partners at the time of the treatment, eg donor insemination or fertility treatment.

For non-civil partners, for same-sex partners who aren’t civil partners, the second parent can get parental responsibility by either:

• Applying for parental responsibility if a parental agreement was made.
• Becoming a civil partner of the other parent and making a parental responsibility agreement or jointly registering the birth.

A form of abuse which may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm to a child, young person or adult at risk. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child.

Refers to the process by which a person comes to support terrorism and/or extremist ideologies associated with terrorist groups.

For the purposes of this policy, we are using the terms ‘safeguarding’ and ‘to safeguard’ to describe the prevention and precautionary approach to planning and procedures needed to protect children and young people from any potential harm, impairment of a child’s health or development, providing safe and effective care and taking action to enable all children and young people have the best outcomes.

A safeguarding concern refers to any suspicions of historic, current or future potential harm or abuse towards a child, young person or adult at risk. A safeguarding concern can refer to the actions of a person towards others whether deliberate or not. In The Scout Association a breach of the Yellow Card is also considered a safeguarding concern. 

Safety is about being protected from, and not causing, danger, risk, injury, loss or harm. Safety can be a feeling, a physical object or place, and an action, and sometimes refers to the laws, rules, and principles that are intended to keep people safe. Safety isn’t just about what happens inside the meeting place, it’s also about what happens outside it – including days out – and may be about something that’s happening at home.

Harm is the ‘ill treatment or the impairment of the health or development of the child’. It’s determined significant by ‘comparing a child’s health and development with what might be reasonably expected of a similar child’.

Any employee of The Scout Association, contractor, consultant, agency worker or any person in paid employment for the organisation.

A young carer is a person under 18 who provides or intends to provide care for another person (of any age, except generally where that care is provided for payment, pursuant to a contract or as voluntary work).

An adult someone who gives their time freely for the benefit of The Scout Association and within the definitions of this policy also includes any leader, manager, supporter, Scout Network Member, associate member, executive committee member or trustee.

Wellbeing refers to a person’s sense of contentment and satisfaction with their conditions in life and their current circumstances. It’s closely linked to emotional balance and mental health but is also affected by an individual’s attitude, values and perspective.

In The Scout Association, a young person is used to describe individuals in their teenage years and early twenties up to the age of 25.

The Scout Association will refer to any person under the age of 18 years old as a young person. Within safeguarding legislation, different terminology is adopted and this is reflected across this policy.

Has no specific legal definition. However, 12–18 years is the standard age associated with this term. In The Scout Association, the term ‘young person’ is used to describe youth members up to the age of 25 years. In The Scout Association, the term ‘young person’ is used to describe youth members up to the age of 25 years.

• Care Act 2014: Sets out a clear legal framework for how local authorities and other parts of the system should protect adults at risk of abuse or neglect.
• Children Act 2004: All four nations have their own interpretation of the Act but share the same principle: the intention to ensure that the welfare and developmental needs of children and young people are met, including their need to be protected from harm.
• The Counter-Terrorism and Security Act 2015: Gives local authorities a statutory duty to have ‘due regard to the need to prevent people from being drawn into terrorism’ (the ‘Prevent’ duty).
• Data Protection Act 2018 and the General Data Protection Regulation (GDPR) 2018: Explicitly states that children’s personal data merits specific protection. It also introduces new requirements for the online processing of a child’s personal data. Children have the same rights as adults over their personal data. 
• Equality Act 2010: Consolidates previous anti-discrimination law in the UK and requires equal treatment for everyone.
• Health, Safety and Welfare Act 1974 (UK wide): There is no specific legislation for youth organisations, however, there is a general duty for employers to protect and ensure a safe space for employees and volunteers.
• Human Rights Act 1998 and the United Nations Convention the Rights of the Child (signed up to in 1991 by UK government): some elements have been enshrined within UK law ie Article 1, definition of a child; Article 2, all children should be treated the same; Article 3, the best interests of the child must be a primary consideration in decision making; and Article 12, all children have the right to express their views freely, in all matters that affect them.
• Safeguarding Vulnerable Groups Act 2006: All people working with children and young people should be appropriately checked if they’re undertaking a regulated activity on a regular basis.
• Working Together to Safeguarding Children 2023: Sets out the framework that all statutory and non-statutory agencies should follow to make sure everyone’s working together to safeguard children and young people.
• UN Convention on the Rights of the Child 1992.

Nation specific legislation and guidance

England:

• Care Act 2014
• Care and Support statutory guidance 2016
• Children’s Act 1989
• Children’s Act 2004
• Children and Families Act 2014
• Children and Social Work Act 2017
• Education Act 2002
• Education Act 2011
• Equalities Act 2010
• Keeping Children Safe in Education 2023
• Mental Capacity Act 2005
• Safeguarding disabled children practice guidance 2009
• Safeguarding Vulnerable Groups Act 2006
• SEND code of practice 2014
• Working Together to Safeguard Children 2023

Isle of Man:

• Safeguarding Act 2018

Northern Ireland:

• The Children (Northern Ireland) Order 1995
• Cooperating to safeguard children and young people in Northern Ireland 2017
• Mental Capacity Act (NI), 2016 Adult Safeguarding: Prevention and protection in partnership 2015
• Safeguarding Vulnerable Groups (NI) Order 2007
• Safeguarding Board Act (Northern Ireland) 2011

Scotland:

• Adult Support and Protection (Scotland) Act 2007
• Adult Support and Protection Code of Practice 2014
• Adults with Incapacity (Scotland) Act 2000
• Children (Scotland) Act 1995
• Children and Young People (Scotland) Act 2014
• Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016
• Mental Health (Care and Treatment) (Scotland) Act 2003
• National Guidance for Child Protection in Scotland 2021
• Protecting Vulnerable Groups (Scotland) Act 2007
• Scottish Social Services Council (SSSC) Standards (2014)
• The Age of Legal Capacity (Scotland) Act 1991 (c.50)

Wales:

• Children’s Act 1989
• Children’s Act 2004
• Children and Social Work Act 2017
• Social Services and Wellbeing Act 2014
• Social Services and Well-being (Wales) Act -Working together to safeguard people, volume 1, 2016
• All Wales Child Protection procedures 2008
• Safeguarding Vulnerable Groups Act 2006
• Mental Capacity Act 2005

Adult at risk specific legislation and guidance

This policy complies with the following pieces of legislation specifically (non-exhaustive list). (See also Safeguarding children and young people policy):

• Adult Safeguarding: Prevention and Protection in Partnership July 2015: Places significant emphasis on prevention and early intervention to improve safeguarding arrangements for adults who are at risk from harm and abuse.
• The Adult Support and Protection (Scotland) Act 2007: Made adult protection a statutory responsibility and placed a responsibility on partner agencies to co-operate with statutory investigations and to report concerns about abuse or harm to the relevant local authority (even if allegations are anonymous).
• Children and Families Act 2014 – a child will become a young person once they reach the end of compulsory school age (ie the last Friday of June in the year the child turns 16). At that point, parental rights under the law in relation to the young person's education will automatically pass to the young person themselves.
  However, if the young person is recognised as being covered by the SEN and Disability Code of Practice 2015 (‘the Code’), their family and parents should continue to be involved in discussions about their future. The young person may also ask them to help in other ways such as attending meetings, filling in forms or receiving correspondence on their behalf. This is particularly important for 16 and 17 year olds, for whom parents will retain parental responsibility until they reach the age of 18 and in certain cases, up to 25 years.
• Inter-Agency Safeguarding Adults Adult Protection Policy 2016–2018 (Isle of Man): Sets the expectation of us as providers of social care services to enact our core responsibility to provide safe, effective and high quality care. Adult protection concerns require a variety of responses including internal and external investigations, disciplinary processes, clinical governance processes and the involvement of the police, regulatory authorities and staff training.
• Mental Capacity Act (2005): Applies to anyone over the age of 16. Decisions about a young person’s capacity and best interests can be made in the same way as for any adult.
• The Social Services and Well-Being (Wales) Act 2014: Provides the legal framework for improving the wellbeing of people who need care and support, and carers who need support, and for transforming social services in Wales. This act introduces a mandatory duty to report if you have a concern about ‘an adult at risk’ (as defined in this legislation – see glossary) who may be or has been abused or harmed.

• The Scout Association’s HQ Safeguarding Team interprets legislation and makes sure we’re legally compliant and demonstrating good safeguarding practice. It also has a remit to respond to concerns and advise volunteer line managers of the actions required in the event of a suspicion or allegation of abuse against one of their leaders.
• The HQ Safeguarding Team has certain legal and regulatory obligations that all members of The Scout Association must assist in meeting, such as the ‘duty to refer’ any adult if there are any concerns that they’re not suitable to work with young people, and all child protection concerns.
• The Head of Safeguarding at Headquarters is The Scout Association’s Designated Safeguarding Person (DSP) and ultimate source of advice on all safeguarding matters (children, young people and adults at risk) and works in partnership with relevant sub-committees and senior leadership team. In their absence, the Deputy Head of Safeguarding will deputise. N.B there is not a DSP at local level as all adults have a responsibility to report all safeguarding concerns directly to the HQ Safeguarding Team. 

• Must be satisfied that everyone they appoint are: appropriate people to carry out the responsibilities of the appointment, and if required, maintain a current valid disclosure check and the appropriate level for their role (DBS, Access NI, PVG). They must make sure that all applicants demonstrate an understanding of and a commitment to the principles and procedures supporting The Scout Association’s Safeguarding policy.
• In cases where there’s an allegation or suspicion of abuse, the District Commissioner or County Commissioner, as appropriate, in consultation with the HQ Safeguarding Team, must immediately take steps to make sure that no Scout situation arises which could cause further harm. To this end, suspension of membership may be necessary (see POR) which will affect all volunteering roles of that individual.

Undertake mandatory training as described in POR: the Appointment Process.

Advise the County Commissioner and the County Executive Committee on the implementation of The Scout Association’s Safeguarding and Bullying policies within the county and monitor compliance and reporting their findings to the County Executive Committee and Headquarters.

Provide general guidance to the various Districts and Groups in the counties to which they’re appointed, but shouldn’t be involved in responding to safeguarding concerns or suspicions of abuse.

NB: The role can’t be combined with an appointment as a Group Scout Leader or Commissioner in the same County.

Their role is to provide a safe space for all activities and events to run. Their role is also to be alert, question behaviours, seek advice, and support and report safeguarding concerns.

Safeguarding’s the responsibility of all volunteers. They must attend training to enable them to do this and follow the Code of Behaviour – Young People First (Yellow Card).

The Scout Association Trustees retain overall responsibility to make sure this safeguarding policy’s implemented and working effectively. Their role is to make sure of effective quality assurance, compliance and reporting of safeguarding within the organisation. The trustee’s full responsibilities are listed below.

The role of Scout Trustees

The Charity Commission expects all trustees to make sure their charity:

• Has appropriate policies and procedures in place, which are followed by all trustees, volunteers and beneficiaries.
• Checks that people are suitable to act in their roles.
• Knows how to spot and handle concerns in a full and open manner.
• Has a clear system of referring or reporting to relevant organisations as soon as concerns are suspected or identified.
• Sets out risks and how they will be managed in a risk register which is regularly reviewed.
• Follows statutory guidance, good practice guidance and legislation relevant to their charity: this guidance links to the main sources of information.
• Is quick to respond to concerns and carry out appropriate investigations.
• Does not ignore harm or downplay failures.
• Has a balanced trustee Board and does not let one trustee dominate its work – trustees should work together.
• Makes sure protecting people from harm is central to its culture.
• Has enough resources, including trained staff/volunteers/trustees for safeguarding and protecting people.
• Conducts periodic reviews of safeguarding policies, procedures and practice.

A conversation is required with the young person and their parent/carer, as well as a separate conversation with the individual who wishes to become an adult volunteer or Network member. Plan an appropriate place for the conversation take place. This should be a neutral and comfortable space, where you’ll be able to talk without being interrupted. The conversation should involve the District Commissioner (or their nominated representative) and a record of all conversations should be logged and recorded in line with GDPR. Before the meeting, you may wish to refer to The Scout Association’s Safeguarding policy. This will ensure that you feel prepared and confident, and understand the requirements of the pre-existing relationship exemption.

All reasonable steps must be taken to ensure that this assessment process remains inclusive for any individual who has a disability or additional needs.

• Make sure that the adult/Network member understands that this is a formal conversation and the outcomes will be recorded.
• Be supportive and commend them for informing you of/discussing the relationship.
• Be positive but realistic. Explain that there are only certain criteria allowed for a pre-existing relationship to be accepted and agreed. Highlight the importance of adherence to the Yellow Card and how this ensures that TSA keeps young people safe.
• Talk to the adult/Network member who hash the pre-existing relationship with the under 18 year old. Key points to cover are:
  • How old is the under 18?
  • When did the relationship commence? If prior to the under 18 year old reaching 16, explore this aspect.
  • Are the under 18’s parent/carer aware of the relationship?
  • What’s the age gap?
  • Where did they meet?
  • Do other members of TSA (young people and adult members) know about the relationship?
  • Does the under 18 know of this process? If so, what are their views?
  • Do they have any concerns or reservations?
  • Do they have any questions?
• Remember that each person will be different and some may find discussing personal issues difficult or embarrassing. Reassure them as to why this conversation must occur and why.
• Explain to the adult/Network member that you’ll be speaking to the under 18 year old and their parent/carer, how you plan to store and share any information you record, and what the next steps will be.
• Explain to the adult/Network member that there’ll be restrictions placed on where and what events they can volunteer at, due to any agreed pre-existing relationship and that part of their continued volunteering/attendance will be to accept and adhere to any restrictions put in place.
• If the answers to the questions or other information available indicate that this relationship doesn’t fall into the criteria of a pre-existing relationship, be transparent. If you feel that you need to take advice, let them know and give them an appropriate timescale when you’ll give them an update.

If you’re unsure or believe that the information gained is a safeguarding concern, please contact the HQ Safeguarding Team.

Telephone the HQ Safeguarding Team: +44(0)208 433 7164

Email the HQ Safeguarding Team: safeguarding@scouts.org.uk

Emergency out-of-hours: +44 (0)345 300 1818

• Make sure that the young person and their parent/carer understands that this is a formal conversation and the outcomes will be recorded.
• Start the conversation with some simple introductions, an explanation of TSA’s Safeguarding policy, and the importance of adherence to this and the Yellow Card to keep young people are safe.
• Explain that the Yellow Card states, ‘Do not overstep the boundaries between yourself and children or young people by engaging in friendships or sexual relationships’, and the exemption of pre-existing relationships.
• Explain that their membership of TSA, as a young person, will be prioritised.
• Ask the young person about the relationship (following similar questions that were suggested above), acknowledging that it’s difficult having these conversations with them and in front of their parent/carer.
• Make sure you gain clarity regarding what group/s the young person attends and what events they plan or are considering attending.
• Ask the parent(s)/carer(s) questions in regards to the relationship between their child and the over 18 year old. Key points to cover are:
  • How long have they known about the relationship?
  • What were their views when they found out about the relationship?
  • What are their views of the relationship now?
  • How old was their child at the commencement of the relationship?
  • Do they know how they met?
  • Do they have any concerns?
  • Do they understand why TSA requires this conversation and process to occur?
  • Do they have any questions?
• Remember that each person will be different and some may find discussing personal issues difficult or embarrassing. Reassure them as to why this conversation occurred.
• Explain to the young person and their parent/carer that you’ve spoken to the under 18, how you plan to store and share any information you record, and what the next steps will be.
• Explain to the young person and their parent/carer that there’ll be restrictions placed on the adult/Network member as to where and what events they can volunteer at due to any agreed pre-existing relationship, and that part of their continued volunteering/attendance will be to accept and adhere to any restrictions put in place. There would be an expectation that the young person and their parent/carer are in agreement and support any restrictions.
• If the answers to the questions or other information available indicate that this relationship doesn’t fall into the criteria of a pre-existing relationship, be transparent. If you feel that you need to take advice, inform the young person and their parent/carer of this and give them an appropriate timescale when you’ll give them an update.

If you’re unsure or believe that the information gained is a safeguarding concern, please contact the HQ Safeguarding Team.

Telephone: +(0)208 433 7164

Email: safeguarding@scouts.org.uk

Emergency out-of-hours: +44 (0)345 300 1818

It’s important all parties understand what will take place next. If it’s clear that this is an excepted pre-existing relationship then discussions should be had with all parties as to the next steps. You should explain that the adult/Network member will not be able to volunteer/attend in any group or attend any event in any capacity that the young person (under 18) will be attending. Therefore, it’s important that an open dialogue continues between all parties, so that you or your nominated representative are kept updated regarding any movement or attendance to future events.

If it’s unclear whether the relationship meets the criteria of a pre-existing relationship, then be transparent with all parties and advise them that you need to gain further information or clarity and the timescales involved.

If it’s clear that the relationship doesn’t meet the criteria of a pre-existing relationship, it’s important that all parties are informed of this decision and the reasons for this. The adult/Network member shouldn’t have their appointment approved if they’re in a relationship with a young person (under 18) that doesn’t fall into this criteria. If you’re in any doubt either about the relationship or how to proceed, please contact the HQ Safeguarding Team.

If you have concerns regarding any ‘relationship’ disclosed, make contact with the HQ Safeguarding Team immediately.