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Apply restrictions

16.4.1 Introduction

16.4.1.1 This section (16.4) explains how to restrict a member’s involvement in the Scouts. Commissioners may use these restrictions to allow time to resolve issues. 

16.4.1.2 This section 16.4 must be used only by Commissioners, but not Group Scout Leaders.  Where the term ‘suspending authority’ is used in 16.4 it means relevant Commissioner, but not Group Scout Leader. 

There are two specific situations where there are alternative suspending authorities:  

  1. see 16.4.3.4 regarding the UK Chief Commissioner 
  2. see 16.4.3.16 regarding exceptional circumstances where the UK Safeguarding Team may act as suspending authority 

16.4.1.3 The rules in 16.4 apply only to members aged 18 or over (volunteers or Scout Network members). See Chapter 3 for those aged under 18. 

16.4.1.4 There may be occasions where events have led to a number of people being investigated for one incident. In this case, the focus should be on ensuring that the process deals with all parties fairly, constructively and consistently.  It is the process that must be fair, constructive and consistent – the individual outcomes may vary appropriately to reflect the conclusions of the enquiry. 

16.4.2 Use mutually agreed restrictions

16.4.2.1 Mutually agreed restrictions help to ensure that suspensions are only used when absolutely necessary, by providing an alternative to suspension. Such restrictions on involvement with activities in the Scouts are agreed between a connected person and the relevant Commissioner. 

16.4.2.2 Mutually agreed restrictions are permitted in circumstances where suspension may otherwise be used.  They can also be used where a restriction in certain scouting activities would suffice. However, mutually agreed restrictions must not be used in safeguarding cases. 

16.4.2.3 The relevant Commissioner must meet with the connected person and agree the specific restrictions that will be put in place. These restrictions must not last for more than four weeks. These restrictions must be approved by the relevant Commissioner’s line manager, and to ensure clarity the connected person must receive the restrictions in writing together with a mutually agreed action plan. 

16.4.24 Once the period of restrictions ends, the relevant Commissioner and the relevant Commissioner’s line manager must agree to one of these options: 

  1. remove the restrictions 
  2. suspend the individual (Rule 16.4.2) 
  3. review the role (Rule 16.3.3) 

16.4.3 Suspend an individual

16.4.3.1 Suspension of a connected person’s involvement in the Scouts is intended to protect all involved. This helps to ensure that any investigation is as fair as possible by preventing situations where objectivity could be risked, or further allegations could be made. 

16.4.3.2 When considering a suspension, consideration should be first given to using Mutually Agreed Restrictions (see 16.4.2). 

16.4.3.3 Suspension must only be used: 

  1. when the relevant Commissioner has decided that mutually agreed restrictions are not appropriate  
  2. when an allegation of a serious criminal offence is made against a connected person. Suspensions in these circumstances must last until all police enquiries or legal proceedings have ended 
  3. when a dispute between adults is unresolved 30 days after formal notification of the dispute to the relevant Trustee Board. Suspension periods in this case must be less than 90 days, although there may be multiple consecutive suspension periods 
  4. where the deliberate action or inaction of a connected person could lead to serious reputational harm 
  5. where the action of a connected person may form gross misconduct 
  6. if a member formally challenges the decisions or policy of a local Scout unit or The Scout Association in public to a non-scouting body, or on social media, seeking to change or overturn the decision or policy 
  7. where a criminal record check is required as shown in the Chapter 16 Roles Table, and 30 days [60 days in Scotland or Northern Ireland] has elapsed with no criminal record check application in place 
  8. where a criminal records check is required as shown in the Chapter 16 Roles Table, and 30 days has elapsed with no valid disclosure 
  9. where the member has not completed the required learning, in the roles table, within the timescales mandated in the roles table. 
  10. In the event of the suspension of a Scout Group or an Explorer Unit, in which case all adults appointed are suspended as if each were individually suspended. 

16.4.3.4 The relevant Commissioner (suspending authority) must make the suspension, which must then be authorised by the relevant Commissioner’s line manager (authoriser). For the UK Chief Commissioner, the Chair of Trustees is the suspending authority and the Board of Trustees is the authoriser. 

16.4.3.5 Suspension applies to all roles in the Scouts that the suspended individual holds. This means that the individual is suspended from membership of the Scouts, and not just from one or more roles. 

16.4.3.6 The suspending authority must ensure that the suspended individual is: 

  1. informed of the suspension in writing 
  2. given the notes for a person under suspension 
  3. offered an independent colleague from the Scouts to act as a liaison. This person must be given the supporting a person under suspension resources. 

16.4.3.7 The suspending authority must inform the UK Headquarters  Safeguarding Team whenever an individual is suspended or the nature of a suspension changes. 

16.4.3.8 Suspension following a dispute between adults must be followed as soon as possible by conciliation and attempts to resolve the dispute. 

16.4.3.9 Suspended individuals must not: 

  1. participate in any activities related to the Scouts 
  2. seek to influence the business of any scout unit, through any way of communicating 
  3. contact youth members of the Scouts 
  4. enter any premises or be present at any place used by the Scouts or where scouting activities are taking place, unless given permission by the suspending authority 
  5. wear any uniform, badges or emblems of the Scouts 

16.4.3.10 Where the suspended individual is the parent or carer of a youth member, the suspending authority and the approver may act together to modify the list of prohibited activities. These modifications may be changed at any time during the period of suspension. Whenever modifications are made under this rule, the suspended individual must be written to with a clear list of permitted behaviours. Modifications must: 

  1. follow the guidance of the UK Headquarters Safeguarding Team, for safeguarding cases 
  2. be minimised, and exist only to enable the role as parent or carer (for example to drop off and pick up the child, or attend award presentations) 
  3. not compromise the safety of youth members 
  4. not allow the suspended individual to engage in regulated activity, where Rule 16.4.2.2(f) applies 

16.4.3.11 At the end of a suspension period, the suspending authority and relevant appointments advisory committee must recommend that the suspending authority invokes one of these options: 

  1. re-instate the role 
  2. modify the role 
  3. end the role (Rule 16.5.2) 

The approver’s decision is final in all circumstances, including where there is no unanimous recommendation or the approver disagrees with the suspending authority’s recommendation.  

The suspending authority must ensure that the suspended individual is informed of the outcome in writing, with a copy to the UK Headquarters Safeguarding Team.  

There is no right of appeal against this process. 

16.4.3.12 Where a role is suspended, the suspending authority must ensure that the suspended adult is appropriately restricted regarding access to assets and data related to their role. This includes, but is not limited to: 

  1. electronic and paper-based membership data for young people and adults 
  2. Scouts-related financial information and financial assets, including cash, cheque books, bank statements, passwords 
  3. equipment, digital, and physical resources owned by a Scout unit 
  4. keys and other security equipment or information 

16.4.3.13 Access to Scout-administered online resources must also be restricted during a period of suspension.  This includes, but is not limited to, email accounts, social media, web sites, cloud file shares or other online line systems such as Online Scout Manager. 

However, the suspended adult must be left with sufficient access to systems to enable the reason for suspension to be rectified if appropriate (such as completion of their learning obligations). 

16.4.3.14 Any Trustee responsibilities held by the individual end from the time that the suspension commences until they are reinstated. 

16.4.3.15 UK Headquarters, in consultation with the approver, may refuse to re-instate roles or involvement in the Scouts. In this case, UK Headquarters is the suspending authority (as defined in 16.4.2.3) and the approver is the line manager of the relevant local responsible Commissioner. 

16.4.3.16 Suspensions due to criminal records check issues may be automatically revoked by UK Headquarters once a valid criminal records check is obtained. 

16.4.3.17 UK Headquarters may end membership where the member has been under suspension and where the member has been suspended for 18 months or more, typically due to them being under investigation by a statutory agency. 

16.4.3.18 Where an individual disagrees with the UK Safeguarding Team cancelling a person’s membership (a HQ cancellation) the individual may raise their disagreement with the Head of Safeguarding at UK Headquarters within 14 days. All disagreements must only consider the process carried out and must not consider or review the decision made, unless new information becomes available. The Head of Safeguarding will review this in conjunction with a UK Chief Commissioner’s representative at the UK Headquarters Safeguarding Committee. The individual will receive a written, final outcome after the review. No further rights to appeal are permitted. 

16.4.4 Safeguarding stay-away

16.4.4.1 Stay-away must only be used by the UK Headquarters Safeguarding Team. 

16.4.4.2 A connected person’s stay-away from involvement in the Scouts is intended to protect all involved. It helps to ensure that any investigation is as fair as possible by preventing situations where objectivity could be risked, or further allegations could be made. 

16.4.4.3 Stay-away is used where at the point of referral to the UK Headquarters Safeguarding Team a decision to suspend or not cannot be made due to insufficient, disputed, or inconsistent information. 

16.4.4.4 Stay-away must only be used: 

  1. when an allegation is made that a connected person has behaved in a way that may be considered a breach of the Scouts’ Safeguarding Policy or safeguarding code of practice (yellow card) 
  2. when a concern is raised in regard to a connected person that may suggest unsuitability for a working with youth members (including unsuitability for a position of trust) 
  3. where information is received from a statutory agency relating to concerns raised about a connected person 

16.4.4.5 The UK Headquarters Safeguarding Team must ensure that the individual must stay-away from all scouting activities for two weeks. The UK Headquarters Safeguarding Team must ensure that: 

  1. the relevant Commissioner has been consulted on the decision 
  2. a Safeguarding Manager approves the stay-away 
  3. terms of the stay-away are sent to the individual in writing 
  4. the relevant Commissioner is asked to offer the individual an independent liaison contact for support 

16.4.4.6 Following the stay-away period, the UK Headquarters Safeguarding Team and relevant Commissioner must make a decision to extend the stay-away by two weeks or end the stay-away. A stay-away must not last longer than four weeks.