Applies to: All trustees, consultants, board members, employees, officers, staff, interns, volunteers, researchers, consultants, advisers, partners and visitors or users (both online and onsite) of the Museum of Art & Photography (MAP), a unit of the Art & Photography Foundation (AFP).
Purpose: MAP’s mission is to bring art and culture back into the heart of the community, making it accessible to a wide and diverse audience.
Education and public engagement are fundamental to what we do at MAP. Our programmes seek to provide a wide range of inclusive opportunities for the lifelong learning, discovery and enjoyment of the visual arts, heritage and culture through relevant formal and informal programming. Younger audiences form a particularly important focus group for these programmes, and MAP is committed to their safety and wellbeing. While many of our young visitors may be part of organised groups or visiting with family or friends, and the primary responsibility for the child or young person rests with accompanying or supervising adults, we believe in providing an atmosphere of trust and respect, recognising that children and young people have a right to protection.
As part of MAP’s vision towards taking a 360° approach to inclusion, MAP’s programming will also feature proactive outreach towards young and adult audiences with disabilities and hailing from minority, underprivileged and hard-to-reach communities. An emphasis on ensuring that all visitors who avail themselves of our services and participate in our spaces both onsite and online are equally protected from potential harm or actual harm forms part of the Museum’s commitment to providing a safe and welcoming space for all.
It is essential therefore, that we have a clear safeguarding policy that all MAP staff and volunteers understand which is supported by robust procedures that they adhere to.
Index
1. DEFINITIONS
1.1 Child – For the purposes of this policy, a “child” is defined as anyone under the age of 18, in line with the UN Convention on the Rights of the Child (CRC), including children with disabilities as per paragraph 2 and Article 23 of the CRC.
1.2 Child abuse – According to the World Health Organisation, “Child abuse” or “maltreatment” constitutes ‘all forms of physical and/or emotional ill-treatment, sexual abuse, neglect or negligent treatment or commercial or other exploitation, resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust or power.’1
1.3 Child protection – ‘Child protection’ is a broad term to describe philosophies, policies, standards, guidelines and procedures to protect children from both intentional and unintentional harm. In the current context, it applies particularly to the duty of MAP – and individuals associated with MAP – towards children.
1.4 Safeguarding – Safeguarding within the scope of this policy, is defined as the responsibilities, measures, and activities that MAP plans to undertake to safeguard children and vulnerable adults and from both intentional and unintentional harm. In the current context this applies to the set of policies, procedures and practices that we drive to ensure MAP is a safe organisation, including our direct programme implementation, work through partners and management of personal data.
1.5 Vulnerable Adult – Adults-at-risk or vulnerable adults are persons aged 18 years or over who are or may be in need of community care services by reason of intellectual or other disability, age or illness and who are or may be unable to take care of themselves or unable to protect themselves against significant harm or exploitation; are experiencing, or at risk of, abuse or neglect; and as a result of their care and support needs are unable to protect themselves from either the risk of, or the experience of abuse or neglect.
1.6 Direct contact with children or vulnerable adults – Being in the physical or virtual presence of children or vulnerable adults in the context of MAP’s work, whether contact is occasional or regular, short or long term. Worldwide, this could involve the delivery of workshops, talks or walkthroughs to schools or groups comprising children or vulnerable adults, working with youth groups as well as children’s homes/institutions visits and attending conferences at which children or at-risk adults are also present. [N.B. this list of examples is not exhaustive].
1.7 Indirect contact with children or vulnerable adults – Access to, managing and use of the personal data of children and vulnerable adults in the context of MAP’s work, such as names, addresses and photographs or any other personal information.
1.8 Partner – For the purposes of this policy:
1.9 Policy – A statement of intent that demonstrates a commitment to safeguard all visitors, especially children and vulnerable adults as the most vulnerable individuals/groups, from harm and makes clear to all what is required in relation to their protection and welfare. It helps to create a safe and positive environment for all and to show that the organisation is taking its duty and responsibility of care seriously.
1.10. Online Safety – The process of limiting the risks to children and young people when using any internet, digital and mobile technology.
1.11 Staff & Volunteers – For the purposes of this policy, and for ease and simplicity this term will collectively refer to all of MAP’s employees and staff (freelance, contracted or permanent) and volunteers (whether interns, researchers or others). And include trustees, advisors and board members in its spirit.
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1 The WHO definition of Child Abuse as defined by the Report of the Consultation on Child Abuse Prevention WHO – 1999
2. CORE SAFEGUARDING PRINCIPLES AND VALUES
2.1 The legal basis – MAP’s Safeguarding Policy is firmly based on the principles of the UN Convention on the Rights of the Child (UNCRC). Taken holistically, the CRC provides a comprehensive framework for the protection, provision and participation of all children without discrimination to ensure their survival and development to the maximum extent possible. On the understanding that the CRC must be read as a whole, the following articles nevertheless form the specific basis of child protection: 1 (definition of ‘child’), 2 (non-discrimination), 3.1 (the best interests of the child), 3.2 (duty of care and protection), 3.3 (standards of care), 6 (survival and development), 12 (participation), 13 (freedom of expression), 19 (protection from violence), 25 (periodic review of placements), 32, 33, 34, 36, 37(a) (protection from economic exploitation, substance abuse, sexual abuse and exploitation, ‘all other forms of exploitation’; torture, cruel, inhuman or degrading treatment or punishment), 39 (physical and psychological recovery and social reintegration).
Further, to ensure delivery of the Constitutional safeguards and the commitment to the UNCRC, the Government of India has enacted several legislative measures for protection of children. While all of them encompass provisions for protection or safeguards from some form of violence or abuse, the key child legislations in the context of protection of children include:
2.2 The moral basis – MAP believes that organisations working in the space of education have a duty to protect children from abuse, mistreatment, and exploitation from within organisations intended for their benefit. This duty is imperative and non-negotiable. Child protection is integrally linked to every other right of the child. Failure to ensure children’s right to protection adversely affects all other rights of the child. Without adequate standards and mechanisms of protection in place, an organisation may also be negligently or recklessly fostering an environment of abuse.
2.3 An end to silence – Silence breeds abuse and exploitation of children and vulnerable adults. Organisations with weak communication structures, where secrecy and shame prevail are particularly vulnerable environments within which abuse may thrive. Furthermore, without proper policies and explicit procedures in place, organisations are extremely vulnerable to false allegations of child abuse. MAP therefore believes in:
2.4 Taking it further – The protection of children and vulnerable adults is not just about reading and signing a piece of paper: the policy sets out guidelines and standards that must be put into practice. These include, amongst other measures: recruitment procedures, review of management structures, staff training, and development of transparent protocols.
2.5 Challenging complacency – Resistance to addressing safeguarding issues may come from lack of understanding of the nature of abuse, lack of commitment to the organisation/programme, and a sense that abuse happens elsewhere. This policy and the guidelines set herein, also serve to proactively work towards ensuring that MAP supports a safe environment at all times.
These principles underpin all of the following standards set out in this document.
3. THE NEED FOR A SAFEGUARDING POLICY
4. CONDITION OF SERVICES
As a condition of working/providing service to the museum, all MAP staff and volunteers are required to undergo the following, if their roles should involve direct or indirect contact with children and vulnerable adults.
4.1 Recruitment Processes:
4.2 Employment Process:
5. SAFEGUARDING MANAGEMENT, ROLES & RESPONSIBILITIES
All Map staff and volunteers have a moral and legal duty to do their utmost to ensure that children and vulnerable adults are protected from harm whilst engaging with MAP onsite and online. Through the implementation of this policy and effective monitoring of processes and procedures, MAP will strive to build and ensure a safe space for everyone. Towards this:
5.1 The Designated Safeguarding Representative:
The DSR will be responsible for drawing up MAP’s Safeguarding Policies and Guidelines, and ensure they are enforced, regularly reviewed and kept up-to-date. Additionally, they will:
MAP’s Designated Safeguarding Representative is Shilpa Vijayakrishnan, Head of Education and Outreach. (Contact: shilpa.vijayakrishnan@map-india.org)
5.2 Line Managers Responsibilities:
All of MAP’s line managers will:
5.3 Transparency & Access:
5.4 Training and Education:
5.5 Behaviour Protocols:
5.6 Communications with and about Children:
MAP believes that all children have the right to speak and be heard. Any of MAP’s staff and volunteers who have direct contact with children or vulnerable adults will refrain from acting in any way that intends to embarrass, shame, humiliate or degrade a child. This includes using abusive language, corporal punishments, or threatening. [N.B. this list of examples is not exhaustive]
Further, they will refrain from discrimination on the basis of race, culture, age, gender, disability, religion, sexuality, or any other markers, and ensure that at-risk children receive equal opportunities for participation.
All publications and content on the MAP website that includes images and text related to children and vulnerable adults will not contain the following:
In addition, all information relating to children is limited to those members of staff who need to know and will be treated as confidential.
6. RECOGNISING & REPORTING INCIDENTS
6.1 Recognising Concerns:
MAP staff and volunteers may, at times, have to respond to concerns about the welfare and safety of children and adults. This could include actual or alleged harm. Alternatively, a child or adult may inform a member of staff of their abuse directly.
MAP staff and volunteers are expected to remain alert to signs of abuse and neglect. A concern about the safety of a child or vulnerable adult may arise because:
6.2 Raising Concerns:
Allegations may concern one or more children or adults. It can be about any child or adult, including visitors, MAP’s volunteers, staff, donors, patrons, interns, researchers, freelance contractors and trustees.
A safeguarding allegation towards MAP staff, volunteers or freelancers/contractors may be made where they have:
6.3 Reporting Concerns:
Evidence indicates that abuse which takes place within an organisation is rarely a one-off event. It is crucial those involved in MAP are aware of this possibility and that all allegations are taken seriously, and appropriate action taken.
6.3.1. All witnessed, suspected or alleged violations of the Safeguarding Policy must be immediately reported to the Designated Safeguarding Representative, who will record and act on these in a confidential manner in accordance with the standardised process developed by MAP and the best interests of the child or vulnerable adult in question. All reports of child abuse will be treated as serious, whether they are made by an adult or a child.
6.3.2. The DSR should be informed of situations even if it is unclear if the allegation constitutes abuse or not, and the action to be taken is not obvious. The DSR will consider who else needs to be informed bearing in mind the need to maintain confidentiality.
6.3.3. If the concern is about the behaviour of the DSR it can be reported to a member of the Executive Committee directly.
The Executive Committee at MAP is composed currently of:
Abhishek Poddar, Founder (apoddarmap@gmail.com)
Kamini Sawhney, Director (kamini.sawhney@map-india.org)
Nathaniel Gaskell, Director of MAP Academy (nathaniel.gaskell@map-india.org)
6.4 Reporting Process:
6.4.1. The DSR will require a written account from staff, volunteer or line manager and a summary of any available additional information including the names and addresses of any potential witnesses using the Safeguarding Incident Report Form (see Annexure 3). The physical document should be signed and dated, and any concern raised online should include a line of acknowledgement in lieu of a signature from the sender as follows: “I (inert name), certify that the above facts are true to the best of my knowledge and belief. (Insert date)”
6.4.2. If a child or adult is at immediate risk of harm, intervene or act immediately. Else, notify the DSR within one working day. If the DSR is unavailable for any reason, contact someone from the Executive Committee.
6.4.3 It is acknowledged that feelings generated by the discovery that a member of staff or volunteer is, or may be abusing a child or vulnerable adult, will raise concerns among other staff or volunteers, including the difficulties inherent in reporting such matters. However, it is important that any concerns for the welfare of a child or vulnerable adult should be reported and acted upon immediately.
6.4.4. MAP will fully support and protect any member of staff or volunteer who, in good faith, reports their concern that a colleague is, or may be abusing a child or vulnerable adult. No penalisation will be incurred for the raising of a complaint.
7. RECORDING & RAMIFICATIONS OF SAFEGUARDING ALLEGATIONS
MAP, in accordance with the law of the land, will take appropriate action to protect any at-risk children/adults in question from further harm and others in the organisation during and following an incident or allegation. The relevant contact details for child protection services, local social services department, police, emergency medical help and help lines will also be readily available and easily accessible.
7.1. Recording of Safeguarding allegations:
Any allegations should be recorded on the Safeguarding Reporting Form (See Annexure 3). The form can be completed by the person reporting the concern, the line manager or the designated person. However, it is the DSR’s responsibility to ensure it has been completed and the DSR will make any required referrals and consultations post assessment, keeping confidentiality in mind.
Access to all safeguarding concern records (physical and electronic) will be strictly controlled and limited to people in named roles who either need to know about the information in those records and/or who manage the records/files. Physical records will be maintained for a maximum of 10 years. Electronic records will be maintained for a maximum of 25 years.
7.2. Ramifications of Misconduct
MAP has a zero-tolerance policy of child abuse. We will immediately suspend the services of any consultant, employee, adviser, trustee, board member, intern or volunteer in situations where there are concerns about their behaviour towards children and vulnerable adults, pending the outcome of an investigation. MAP reserves the right to take any disciplinary action against any of the above who have been proven guilty in an investigation, which may include reporting the incident to the police.
7.2.1. The fact that a member of staff tenders their resignation or ceases to provide their services will not prevent an allegation/concern from being followed up in accordance with these procedures and a conclusion reached.
7.2.2. There may be circumstances where allegations are about poor practice rather than child abuse but, where there is any doubt, the DSR will seek advice from the Trustees on the need for a disciplinary enquiry.
7.2.3. Investigations will be dealt with quickly, fairly and impartially. The concerned individual should be informed about the allegation or concern as soon as possible.
7.2.4. Every effort will be made to ensure that confidentiality is maintained for all concerned and to protect the integrity of the investigation process.
8. ONLINE SAFETY
MAP recognises the opportunities and challenges technology brings to those working with children and adults. We advocate applying the same principles, expectations and standards for interacting and communicating with children and adults online as in other areas of practice, maintaining personal and professional boundaries in their communications and contacts with children, their families and adults.
8.1. MAP expects all staff to adhere to the following at all times:
8.2. If staff identify online concerns – be they about illegal online content or suspicious behaviour by another adult online – then they must follow MAP’s procedures for reporting those concerns. (See sections 6 & 7)
8.3. Care must also be taken to ensure that both adults and children’s confidentiality and privacy is maintained, and that any data collected online is handled and disseminated on a need to know basis only. Individuals must be confident that information held about them by MAP will only be disclosed to others either with their consent or when there is an imperative safeguarding concern or legal duty to do so.
8. 4. The collection and storage of information by MAP online will be in line with GDPR regulations (European General Data Protection Regulation 2018) and MAP’s Privacy Policy.
9. SAFETY IN THE MUSEUM SPACE
MAP is committed to facilitating a safe and enjoyable experience for all those who visit the physical museum space, in particular children and vulnerable adults.
9.1 Unaccompanied child: When MAP staff or volunteers identify an unaccompanied child in the gallery space, or at large in the museum, it becomes their responsibility to ask and act accordingly to provide for the safety of the child. This must be reported to the DSR.
9.2 Educational Group Visits: For groups from schools or other organisations visiting for learning/access programmes, MAP staff who are coordinating with the groups will provide prior guidelines to the accompanying teacher/person-in-charge. If the MAP staff identify any concern about a visiting child or vulnerable adult, this must be brought to notice of both DSR of MAP and the person-in-charge at the concerned school/organisation.
9.3 Programmes/Events:
9.4 Lost Children/Vulnerable Adults:
The purpose of this procedure is to ensure lost children or vulnerable adults in the museum space are safely reunited with the responsible adult that they were visiting with. For the safety of the child/vulnerable adult, it becomes the staff’s responsibility to ensure that the child/vulnerable adult is reunited with the appropriate adult. Staff should also be sure to document the details of the lost individual and their guardian in the space for records, should they in any way be later needed.
When a lost child/vulnerable adult is found:
When an adult reports a lost child/vulnerable adult, MAP staff will:
Annexure 1: Children & Adults with Disabilities
As part of MAP’s vision towards building a 360° inclusive space for art, dialogue and conversation, MAP’s programming will also include proactive outreach towards young and adult audiences with disabilities. An emphasis on ensuring their rights are equally protected, forms part of MAP’s Safeguarding Policy.
Need for a special annexure:
Disabled children and adults are particularly vulnerable to abuse.
Special measures:
In light of the particular contexts of vulnerable children and adults, and the greater risk of abuse, concerns need to be taken seriously and organisations need to be proactive to prevent abuse from taking place. Practical steps include:
Annexure 2: Code of Conduct
MAP upholds the principle that the welfare of our visitors is paramount and that all individuals whatever their age, disability, race, ethnicity, religion or belief, sex, gender identity or gender expression, sexual orientation, marriage or civil partnership, or any other equality characteristic have the right to protection from abuse.
This document outlines the behaviour expected of all MAP employees in any capacity, its trustees, board, patrons, volunteers, researchers, interns, and freelancers/contractors in respect of their work and contact with children and adults.
This guidance will not only help to protect children and adults, but will also help all MAP staff and volunteers to identify any practices which could be mistakenly interpreted and perhaps lead to false allegations of abuse being made.
Remember that safeguarding is about keeping staff safe as well as children and other adults. Never act in a way that could be misconstrued or put yourself in a potentially vulnerable position. If in doubt, always consider how an action or activity may be perceived as opposed to how it is intended.
You should:
You should not:
All members of MAP staff and its volunteers will be expected to report any breaches of this code by any others working for or on behalf of MAP by following the Safeguarding procedures outline in Section 6 & 7 of the MAP’s Safeguarding Policy.
Annexure 3: Safeguarding Incident Report Form
Annexure 4: Photography & Film Making: Consent & Data Protection
Photography & Film Making: Consent & Data Protection
MAP is committed to ensuring a transparent system of data collection and use, including any media related content.Consent must be obtained for all photographs, images, recordings or filming of children and vulnerable adults. The first principle is that anyone should be able to say no to having their photograph taken or to being filmed.
In such situations, any external contractors/freelancers/facilitators must be made aware of MAP’s Safeguarding policy and be willing to share the material for MAP’s records and review. Any internal MAP staff and volunteers will transfer all data to MAP storage and delete the same from their personal devices. MAP staff and volunteers will also comply with any additional safeguarding procedures of the institution or schools they might be conducting programmes at, including the wearing of tags, providing ID, or refraining from taking images/film without prior intimation.