Submission for consideration for inclusion in Safeguarding Policy
Thanks for the opportunity to contribute to FBAYO policy, I have a suggestion for the Safeguarding
Policy which should take account of recent guidance from the D of E, and changes in legislation.
The D of E “Statutory Guidance: Regulated Activity (children) – Supervision of activity with children
which is regulated activity when unsupervised”, published 2013.
on_of_activity_with_children_which_is_regulated_activity_when_unsupervised.pdf Thinking about
volunteers who help supervise at events like the Anvil Concert, I would like to draw the Trustees’
attention to para 2 which refers to past governmental responses to child protection policy which has
been “created in haste” which has “led to public confusion, a fearful workforce and a dysfunctional
culture of mistrust…..” “This Government is taking a different approach.”
“We start with a presumption of trust and confidence in those who work with children, and the good
sense and judgement of their managers.” This paragraph goes on to discuss regular and day to day
supervision, and ends with the statement that the guidance “gives local managers the flexibility to
determine what is reasonable for their circumstances.” This raises the question as to whether it is
reasonable to consider volunteers at The Anvil to be in Regulated Activity and thus requiring a DBS.
The above can be considered as background to guidance produced by the “Disclosure and Barring
Service. They advise that “The Protection of Freedoms Act 2012 amends the definition of regulated
activity relating to children from 10 September.”
This guidance would suggest that unless an activity is carried out “regularly” and examples of this are
given, it should not be considered as regulated activity. Helping at The Anvil is not regular and sits
outside regulated activity. “Volunteers supervised at a reasonable level carried out at a specific
establishment” is “no longer regulated activity.” This accurately describes the arrangements for The
Consideration should also be given to “peer exemption” where a person who is supervising is doing
so under the supervision of another person who is carrying out a regulated activity. Again, this is
how it works at The Anvil. The document also states even more clearly in its table of activities and
exceptions, that in relation to “All regulated activity”, the exception is “Activity by a person in a
group assisting or acting on behalf of, or under the direction of, another person engaged on
regulated activity in relation to children. This is ‘peer exemption’”.
The intention of this submission is to ask that the latest governmental guidance is used in the FBAYO
Safeguarding Policy to avoid the need to subject occasional volunteers to a DBS check, especially
when they meet the criteria for “peer exemption.” They are also under the overall supervision of
many who are in regulated activity and not doing so on a “regular and day to day” basis.