GDPR Policy

Introduction

This is North Staffordshire Engineering Group Training Association Limited’s policy, which conforms to GDPR 2018.

We are a training provider that delivers a unique experience to apprentices / learners and employers alike – developing and delivering outstanding training for industry by industry.

We are a regulated provider of education and training and work with partners in delivering education. This includes the Education and Skills Funding Agency (ESFA). Where arrangements with a data subject relate to ESFA funding or engagement, we are obliged to bring the ESFA privacy notice to your attention. Details are set out at:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/652095/ESFA_privacy_notice.pdf

We respect your privacy and are committed to protecting your personal data. We will comply with the rights of data subjects in respect of receiving privacy information, and access, rectification, deletion and portability of personal data.

This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and in respect of your engagement with us. Whether you are a prospective apprentice / learner, already an apprentice / learner, training course attendee, an employer representative or even if you are just visiting our premises / website.

This privacy notice tells you about your privacy rights and how the law protects you.

Please also use the glossary to understand the meaning of some of the terms used in this privacy notice.

Purpose of this privacy notice
This privacy notice aims to give you information on how North Staffordshire Engineering Group Training Association Limited’s systems are used to collect and process your personal data. This maybe through your use of our website and our wider engagement with you, including when you sign up to our newsletter, email an enquiry, register with us, sign up to one of our courses or partner with us as an employer.

Our website and our services are not intended for children (for the purposes of this privacy notice those aged 13 years of age or younger) and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.

Controller
North Staffordshire Engineering Group Training Association Ltd is the controller and responsible for your personal data (collectively referred to as NSEGTA, we, us or our in this privacy notice).

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

Our contact details
North Staffordshire Engineering Group Training Association Ltd
Hanley Technical Institute
151-153 Marsh Street North,
Hanley,
Stoke on Trent
Staffordshire ST1 5HR

Company Registration Number: 926888
Data Protection Officer – Paul Williams (Chief Executive)
Data Protection Officer email address – paul@nsegta.co.uk

You have the right to make a complaint at any time to the Information Commissioners Office (ICO) who are the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes
This version was last updated on 4th January 2023.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third party links
The website may include links to third party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The data we collect about you
Personal data or personal information means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We will ensure that any consent based processing meets standards of active, informed consent and those such consents are recorded, filed and are available for audit purposes.

We may collect, use, store and transfer different kinds of personal data about you, which we have grouped together as follows:

Identity data – includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

Contact data – includes billing address, delivery address, email address and telephone numbers

Education data – includes information about your educational history, educational establishments attended, training undertaken, qualifications and assessment history and course engagement information.

Financial data – includes bank account and payment card details

Transaction data – includes details about payments to and from you and other details of products and services you have purchased from us, courses you have applied for and/or attended and course related information.

Technical data – includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Profile data – includes your username and password, enquiries or applications made by you, your interests, preferences, feedback and survey responses.

Usage data – includes information about how you use our website and services

Marketing and Communications data – includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated data such as statistical or demographic data for statistical, analysis and/or legally required auditing purposes.

Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage data to calculate the percentage of users accessing a specific website feature. We may also aggregate transaction data relating to engagement with courses and apprenticeship arrangements. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

We may collect Special Categories of Personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, trade union membership and information about your health). We collect that information as part of our obligations around gathering and reporting equality information and to support provision of service delivery to meet Data Subject needs and only as permitted by law. We may also collect information about criminal convictions and offences but this is limited to what we are legally entitled to collect and we make use of this only to the extent permitted by law.

We will only collect such Special Category data as permitted by law and as required in order to provide our services to you, to engage with clients who might offer you work and to meet legal obligations. We will not share that information without your specific agreement unless we are legally obliged to do so, or the processing is necessary for carrying out obligations in the field of employment, necessary for assessment of working capacity or in the public interest.

If you fail to provide personal data
Where we need to collect personal data by law or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter with you (e.g. to provide you with training services or access to an apprenticeship opportunity). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time. We will do all we reasonably can to avoid such a situation arising.

How is your personal data collected?
We use different methods to collect data from and about you including through:

Direct interactions – You may give us your identify, contact, education and financial data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

Apply for a course or services

Create an account on our website

Subscribe to our service or publications

Request marketing to be sent to you

Enter a competition, promotion or survey

Give us some feedback

Automated technologies or interactions
As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies.

Third parties or publicly available sources
We may receive personal data about you from various third parties and public sources as set out below:

Identity, contact and education data from government education establishments, schools, colleges and careers services

Identity, contact and education data from employers.

How we use your personal data
We will only use your personal data when the law allows us to.

When using your data we will ensure ongoing confidentiality, integrity, availability and resilience of processing systems and services to ensure your data remains safe.

Most commonly, we will use your personal data in the following circumstances:

• To maintain records of personal data processing activities
• Where we need to perform the contract we are about to enter into or have entered into with you
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to the special categories of personal data, details of which and condition for processing are set out above.

We may also send direct marketing communications to you via email or text message based on consent. You have the right to withdraw consent to marketing at any time by contacting us. Unsubscribe opportunities will be presented to you when we communicate with you on a direct marketing basis.

You can find out more about the types of lawful basis that we will rely on to process your personal data in the Glossary following.

Purposes for which we will use your personal data
We have set out below, in a table format, a description of the ways we plan to use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purposes for which we are using your data. Please contact us in writing at NSEGTA Ltd, Hanley Technical Institute, 151-153 Marsh Street North, Hanley, Stoke-on-Trent, Staffordshire ST1 5HR if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Marketing
We strive to provide you with choices regarding marketing and advertising.

Promotional offers from us
We may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

You will receive marketing communications from us if you have requested information from us or purchased services or engaged in applying for a course with us or if you provided us with your details when you entered a competition or registered for a promotion and in each case, you have not opted out of receiving that marketing.

Third party marketing
We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

Opting out
You can ask us or our third partied to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us in writing at North Staffs Engineering Group Training Association Ltd, Hanley Technical Institute, 151-153 Marsh Street North, Hanley, Stoke-on-Trent, Staffordshire ST1 5HR.

Change of purpose
We will only use your personal data for the purposes for which we collect it unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the process for the new purpose is compatible with the original purpose, please contact us in writing at North Staffs Engineering Group Training Association Ltd, Hanley Technical Institute, 151-153 Marsh Street North, Hanley, Stoke-on-Trent, Staffordshire ST1 5HR.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent in compliance with the above rules where this is required or permitted by law.

Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table previously stated.

External third parties

Educational establishments

Funding bodies including ESFA and Ofsted

Employers

Individuals with parental responsibility (where under 16 years of age or required by law)

Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers or data processors to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

International transfers
We do not transfer your personal data outside the UK. If such transfers will take place, we will ensure legal safeguards are in place to legitimise transfer of your personal data.

Data security
We have put in place appropriate security systems/measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to our personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from the unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us in writing at North Staffs Engineering Group Training Association Ltd, Hanley Technical Institute, 151-153 Marsh Street North, Hanley, Stoke-on-Trent, Staffordshire ST1 5HR.

In some circumstances, you can ask us to delete your data – see Request Erasure further on for further information.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please see below to find out more about these rights.

If you wish to exercise any of the rights set out above, please contact us in writing at North Staffordshire Engineering Group Training Association Ltd, Hanley Technical Institute, 151-153 Marsh Street North, Hanley, Stoke-on-Trent, Staffordshire ST1 5HR.

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

Lawful Basis

Legitimate Interest – means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us in writing at North Staffs Engineering Group Training Association Ltd, Hanley Technical Institute, 151-153 Marsh Street North, Hanley, Stoke-on-Trent, Staffordshire ST1 5HR.

Performance of Contract – means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation – means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Third Parties

External third parties – These include:
• Service providers acting as processors based in the EEA who provide IT and system administration services.
• Professional advisors acting as processors or joint controllers including lawyers, bankers, education consultants, auditors and insurers based in the EEA who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators, public funding bodies and other authorities based in the EEA who require reporting of processing activities in certain circumstances.

Your Legal Rights
NSEG comply with the rights of data subjects in respect of receiving privacy information.

Any person shall have the right to request and obtain, free of charge, information on their personal data subject to processing, the origin of such data, as well as the communications made or planned.

Additionally, the interested party may request: access to their data, rectification of their data, cancellation or portability of their personal data.

You have the right to:

Request access to your personal data (commonly known as a ‘data subject access request’). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

Request rectification / correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected though we may need to verify the accuracy of the new data you provide to us.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are using your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

a) If you want us to establish the data’s accuracy
b) Where our use of the data is unlawful but you do not want us to erase it
c) Where you need us to hold the data even if we no longer require it as you need to establish, exercise or defend legal claims
d) You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Right to data portability – You have a right to obtain and reuse your personal data for your own purposes. We will allow you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

Effectiveness of Measures
We regularly test, assess and evaluate the effectiveness of our measures we have in place to ensure compliancy with GDPR and the protection of the rights of data subjects. We carry out regular spot check audits throughout the organisation to ensure data is being processed and stored securely.

NSEG have Cyber security measures in place and has achieved the Cyber Essentials Certificate.

Approved and signed by:

Paul Williams
Chief Executive
Reviewed 4th January 2023
(to be reviewed January 2024)

Addendum:
Primes to be made aware of any incidents (if applicable).

Safeguarding Policy 

Policy Statement

NSEGTA is committed to safeguarding and promoting the welfare of children and vulnerable adults.  The term ‘apprentices / learners’ is used throughout this Policy to cover all ages of individuals as NSEGTA work with post 16 learners who have left full-time education and Adults.

All staff who come into contact with apprentices / learners have a role to play in identifying concerns, sharing information and have a duty to take prompt action.

NSEG promotes this safeguarding policy to all its staff and encourages members, employers and key stakeholders to read and understand the policy.  This policy can be found on our website www.nsegta.co.uk  and is also available on request.

This policy is committed to following the following statutory guidance:

• Working Together to Safeguard Children 2018, which sets out the statutory functions of the local authority under the 1989 and 2004 Children’s Acts (recognising that we are an important part of the local authorities’ wider safeguarding systems).
• Keeping Children Safe in Education 2023, statutory guidance from the Department of Education, including, What to Do if You are Worried a Child is being Abused.
• Safeguarding Vulnerable Groups Act 2006 and the Protection of Freedoms Act 2012, which aims to help avoid harm, or risk of harm, by preventing people who are deemed unsuitable to work with children from gaining access to them through their work.
• Counterterrorism and Security Act 2015, which under section 26 requires NSEGTA, as a Training Provider, to have due regard to the need to prevent people from being drawn into terrorism, along with Revised Prevent Duty Guidance: for England and Wales and Prevent Duty Guidance: for further education institutions in England and Wales.

Principles

NSEGTA Safeguarding policy and procedure is based on the following principles:

• An ethos that promotes a positive, supportive and secure environment where apprentices / learners feel protected and valued at both NSEGTA and in their place of work.
• All allegations and suspicions of abuse towards staff, apprentices / learners, employers or key stakeholders will be taken seriously, and responded to swiftly and appropriately.
• Liaison with other agencies that support learners, such as social/children’s services

There are five main elements to this policy:

• Ensuring that NSEGTA practices safe recruitment in checking the suitability of staff to work with young people and vulnerable adults
• Raising awareness of child protection issues amongst staff
• Developing and implementing procedures for identifying and reporting cases or suspected cases of child abuse and how to record / investigate them
• Supporting the young person or vulnerable adult who has been abused

Establishing a safe environment in which young people and vulnerable adults can learn and develop, where they are able to talk and be listened to.

Definitions

The following definitions apply throughout the Safeguarding policy and associated procedures:

Child or Children: The Children Act 1989/2004 defines a child as a person under eighteen for most purposes.

Vulnerable Adult or Adults: The Protection of Vulnerable Adults Scheme (PoVA 2004) defines a vulnerable adult as a person aged 18 or over who has a condition of the following type:

• A substantial learning or physical disability
• A physical or mental illness or mental disorder, chronic or otherwise including addiction to alcohol or drugs
• A significant reduction in physical or mental capacity

Definitions and Indicators of Abuse

Physical Abuse: Physical abuse may take many forms e.g. hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. This unusual and potentially dangerous form of abuse is now described as fabricated or induced illness.

The following may be indicators of physical abuse (but not limited to):

• Multiple bruises in clusters, or of uniform shape
• Bruises that carry an imprint, such as a hand or a belt
• Bite marks
• Round burn marks
• Multiple burn marks on unusual areas of the body such as the back, shoulders, or buttocks
• An injury that is not consistent with the account given
• Changing or different accounts of how an injury occurred
• Bald patches
• Symptoms of drug or alcohol intoxication or poisoning
• Unaccountable covering of limbs, even in hot weather
• Fear of going home or parents being contacted
• Fear of medical help
• Fear of changing for PE
• Inexplicable fear of adults or over-compliance
• Violence or aggression towards others including bullying; or
• Isolation from peers

Emotional Abuse: Emotional abuse is persistent emotional maltreatment causing severe and persistent effects on the child’s emotional development.  It may involve conveying the message that they are worthless or unloved, inadequate or valued only in so far 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 expectation being imposed on a child.  These may include interactions that are beyond the 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 also involve seeing or hearing the ill-treatment of another person.  It may involve serious bullying (including cyber bullying), causing children to feel frightened or in danger. 

The following may be indicators of emotional abuse (but not limited to):

• The child consistently describes him/herself in very negative ways – as stupid, naughty, hopeless, ugly, fat
• Over-reaction to mistakes
• Delayed physical, mental, or emotional development
• Sudden speech or sensory disorders
• Inappropriate emotional responses, fantasies
• Neurotic behaviour: rocking, banging head, regression, tics and twitches
• Self-harming, drug, or solvent abuse
• Fear of parents being contacted
• Running away
• Compulsive Stealing
• Appetite disorders – anorexia nervosa, bulimia; or
• Soiling, smearing faeces, enuresis

Some level of emotional abuse is involved in most types of ill treatment, although emotional abuse may occur alone.

Sexual Abuse: Sexual abuse involves forcing or enticing a child to take part in sexual activities, not necessarily involving a high level of violence, whether they are 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 (including via the internet).  Sexual abuse is not solely perpetrated by adult males.  Women can also commit acts of sexual abuse, as can other children.

The following may be indicators of sexual abuse (but not limited to):

• Sexually explicit play or behaviour or age-inappropriate knowledge
• Anal or vaginal discharge, soreness, or scratching
• Reluctance to go home
• Inability to concentrate, tiredness
• Refusal to communicate
• Thrush, persistent complaints of stomach disorders or pains
• Eating disorders, for example anorexia nervosa and bulimia
• Attention seeking behaviours, self-mutilation, substance abuse
• Aggressive behaviour including sexual harassment or molestation
• Unusual compliance
• Regressive behaviour, enuresis, soiling
• Frequent or open masturbation, touching others inappropriately
• Depression, withdrawal, isolation from peer group
• Reluctance to undress for PE or swimming: or
• Bruises or scratches in the genital area

Refer to Appendix 1 – Sexual violence and sexual harassment between children.

Domestic Abuse: Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence, or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse:

• Psychological
• Physical
• Sexual
• Financial
• Emotional

Children can be victims of domestic abuse. They may see, hear, or experience the effects of abuse at home and/or suffer domestic abuse in their own intimate relationships (teenage relationship abuse) Exposure to domestic abuse and/or violence can have a serious, long lasting emotional and psychological impact on Children. In some cases, a Child may blame themselves for the abuse or may have had to leave the family home as a result. Domestic abuse affecting young people can also occur within their personal relationships, as well as in the context of their home life.

We will signpost and support any Child when domestic abuse is disclosed.

Child on child abuse: Child on child abuse can occur, both physically and verbally, either online or face to face, between two children of any age and sex, with a single child or group of children and can happen both inside and outside of our training centre.  Children, who are victims of this abuse, will find the experience stressful and distressing and it is likely to have an adverse effect on their educational attainment.  This type of abuse can exist on a continuum and may overlap, they can occur online and offline (both physical and verbal) and are not acceptable behaviour.

The following may be indicators of child on child abuse (but not limited to):

• bullying (including cyberbullying, prejudice-based and discriminatory bullying).
• abuse in intimate personal relationships between peers.
• physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm (this may include an online element which facilitates, threatens and/or encourages physical abuse).
• sexual violence such as rape, assault by penetration and sexual assault and may include an online element which facilitates, threatens and/or encourages sexual violence. Causing someone to engage in sexual activity without consent, such as forcing someone to strip, touch themselves sexually, or to engage in sexual activity with a third party.
• sexual harassment such as sexual comments, remarks about clothes and/or appearance, jokes, taunting and online sexual harassment. This also includes the telling of sexual stories, making lewd comments and calling someone sexual names and physical behaviour, such as: deliberately brushing against someone, interfering with someone’s clothes, and displaying pictures, photos or drawings of a sexual nature; and online sexual harassment.
• causing someone to engage in sexual activity without consent, such as forcing someone to strip, touch themselves sexually, or to engage in sexual activity with a third party.
• consensual and non-consensual sharing of nudes and semi-nude images and or videos (also known as sexting or youth produced sexual imagery) Consensual image sharing, especially between older CYP of the same age, may require a different response. It might not be abusive – but CYP still need to know it is illegal- whilst non-consensual is illegal and abusive.
• upskirting, which typically involves taking a picture under a person’s clothing without their permission, with the intention of viewing their genitals or buttocks to obtain sexual gratification, or cause the victim humiliation, distress, or alarm; and
• initiation/hazing type violence and rituals (this could include activities involving harassment, abuse or humiliation used as a way of initiating a person into a group and may also include an online element).

All staff are clear to NSEGTA’s policy and procedures with regards to child-on-child abuse and the important role they play in preventing it and responding where they believe a child may be at risk from it.

If staff have a concern about a child, they will follow the safeguarding referral process.  If staff are in any doubt as to what to do, they should speak to the DSL.

The DFE states child on child abuse should be taken as seriously as abuse by adults and should be subject to the same child protection procedures.

Neglect: Neglect is the persistent failure to meet basic physical and/or psychological needs, likely to result in serious impairment of the child health and development. This may involve failing to:

• Provide adequate food, shelter and clothing
• Protect from physical harm or danger
• Ensure adequate supervision
• Ensure access to appropriate medical care or treatment.

It may also include neglect of, or unresponsiveness to, a child’s basic emotional needs.

Child Sexual Exploitation (CSE) and Child Criminal Exploitation (CCE)

Both CSE and CCE are forms of abuse that occur where an individual or group takes advantage of an imbalance in power to coerce, manipulate or deceive a young person into taking part in sexual or criminal activity, in exchange for something the victim needs or wants, and/or for the financial advantage or increased status of the perpetrator or facilitator and/or through violence or the threat of violence.

CSE and CCE can affect children, both male and female and can include those who have been moved (commonly known as trafficking) for the purpose of exploitation.

Child Criminal Exploitation (CCE)

Some forms of CCE can include young people being forced or manipulated into transporting drugs or money through county lines, working in cannabis factories, shoplifting, or pickpocketing.  They can also be forced or manipulated into committing vehicle crime or threatening/committing serious violence to others.

Individuals can become trapped by this type of exploitation as perpetrators can threaten victims (and their families) with violence or entrap and coerce them into dept.  The may be coerced into carrying weapons such as knives or begin to carry a knife for a sense of protection from harm, from others.  Individuals involved in criminal exploitation often commit crimes themselves, their vulnerability as victims is not always recognised by adults and professionals, and they are not treated as victims despite the harm they have experienced.

The experience of girls who are criminally exploited can be different to that of boys.  The indicators may not be the same; however, professionals should be aware that girls are at risk of criminal exploitation too.  It is also important to note that both boys and girls being criminally exploited may be at higher risk of sexual exploitation.

The following may be indicators of CCE (but are not limited to):

• Unexplained gifts or new possessions
• Associate with other young people involved in exploitation
• Changes in emotional well-being
• Misuse drugs and alcohol
• Missing for periods of time or regularly come home late
• Regularly miss education or do not take part in education

Like other forms of abuse and exploitation, county lines exploitation:

• Can affect any child or young person (male or female) under the age of 18 years.
• Can affect any vulnerable adult over the age of 18 years.
• Can still be exploitation even if the activity appears consensual.
• Can involve force and/or enticement-based methods of compliance and is often accompanied by violence or threats of violence.
• Can be perpetrated by individuals or groups, males or females, and young people or adults.
• Is typified by some form of power imbalance in favour of those perpetrating the exploitation. Whilst age may be, the most obvious, this power imbalance can also be due to a range of other factors including gender, cognitive ability, physical strength, status, and access to economic or other resources.

Child Sexual Exploitation (CSE)

CSE is a form of sexual abuse.  Sexual abuse 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 clothing.  It may include non-contact activities, such as to look at sexual images or watch sexual activities, encouraging children to behave in sexually inappropriate ways or grooming a child in preparation for abuse including via the internet.

CSE can occur over time or be a one off occurrence and may happen without the immediate knowledge e.g. through others sharing videos or images of them on social media.

CSE can affect and child, who has been coerced into engaging in sexual activities.  This includes 16 and 17 year olds who can legally consent to have sex.  Some children may not realise they are being exploited e.g. they believe they are in a genuine romantic relationship.

The above CCE indicators can also be signs of CSE, as can having older boyfriends or girlfriends and/or suffering from sexually transmitted infections/becoming pregnant.

County Lines

County lines is a term used to describe gangs and organised criminal networks involved in exporting illegal drugs (primarily crack cocaine and heroin) into one or more importing areas (within the UK), using dedicated mobile phones or other forms of deal lines.

Exploitation is an integral part of the county lines offending model with Children exploited to move and/or store drugs and money. Offenders will often use coercion, intimidation, violence (including sexual violence) and weapons to ensure compliance of victims. Children can be targeted and recruited into county lines in several locations including schools, further and higher educational institutions, pupil referral units, special educational needs schools, Children’s homes, and care homes.

Children are often recruited to move drugs and money between locations and are known to be exposed to techniques such as ‘plugging’, where drugs are concealed internally to avoid detection. Children can easily become trapped by this type of exploitation as county lines gangs create drug debts and can threaten serious violence and kidnap towards victims (and their families) if they attempt to leave the county lines network.

One of the ways of identifying potential involvement in county lines are missing episodes (both from home and their place of work or study), when the victim may have been trafficked for the purpose of transporting drugs and a referral to the National Referral Mechanism (NRF) should be considered.

If a child is suspected to be at risk of or involved in county lines, a safeguarding referral should be considered alongside consideration of availability of local services/third sector providers who offer support to victims of county lines exploitation.

Like other forms of abuse and exploitation, county lines exploitation: –

• Can affect any child or young person (male or female) under the age of 18 years.
• Can affect any vulnerable adult over the age of 18 years.
• Can still be exploitation even if the activity appears consensual.
• Can involve force and/or enticement-based methods of compliance and is often accompanied by violence or threats of violence.
• Can be perpetrated by individuals or groups, males or females, and young people or adults and
• Is typified by some form of power imbalance in favour of those perpetrating the exploitation. Whilst age may be the most obvious, this power imbalance can also be due to a range of other factors including gender, cognitive ability, physical strength, status, and access to economic or other resources.

Prevent & Promoting British Values

NSEGTA is committed to protecting learners from extreme violent ideologies by:

• Ensuring external speakers and events are appropriately risk assessed
• Establishing effective partnerships with Local Authorities and Staffordshire Counter Terrorism Unit
• Ensuring appropriate safeguarding / prevent training is provided to all staff and regular refresher training is provided (at least every 2 years)
• Ensuring there is a clear, documented response to any concerns raised, including the referrals to Channel
• Developing an awareness of prevent in NSEGTA

Please refer to NSEGTA’s Prevent Policy for further information on protecting children at risk of radicalisation.

Duty to report

All members of staff at NSEGTA are responsible for safeguarding and promoting the welfare of children.

All Staff:
All staff that come into contact with children in their everyday work has a duty to safeguard and promote the welfare of children. Staff are trained to understand their responsibilities and to act without delay. Failure to comply with their responsibilities will be seen as a serious matter which may lead to disciplinary action.

All Staff are:

• Expected to attend safeguarding training as required (every two years as a minimum)
• To familiarise themselves with the Safeguarding Policy and associated procedures at induction and after any update
• To read and have a good understanding of at least part 1 of Keeping Children Safe in Education 2023
• Aware of their responsibility to provide a safe environment in which apprentices / learners can learn.
• Know who the Designated Safeguarding Lead or Designated Safeguarding Officer is, and know that as well as being the expert in this field; they are there to support staff.
• Are aware of indicators / signs of abuse and neglect and understand that apprentices / learners can be at risk of harm inside and outside of their workplace and / or NSEGTA, inside and outside of their home and online. Staff know what to look for which is vital for identifying early signs of abuse and neglect for individuals that may be in need of our help or protection.
• Know what to do if a student tells them they are being abused, exploited, or neglected. Staff know how to maintain an appropriate level of confidentiality by only involving those who need to be involved, such as the SDL / DSO.  Staff never promise an apprentice / learner that they will not tell anyone about a report of abuse, as this may ultimately not be in their best interest.
• Know how to reassure victims that they are being taken seriously and that they will be supported and kept safe. A victim should never be given the impression that they are creating a problem by reporting any form of abuse and/or neglect nor should a victim ever be made to feel ashamed for reporting abuse and/or neglect.

In all cases, if our staff are unsure, they know that they should always speak to the DSL/SDO.

NSEGTA Designated Safeguarding Lead (DSL) / Designated Safeguarding Officer (DSO)

Paul Williams, Chief Executive Officer (CEO), is the Designated Safeguarding Lead (DSL) is responsible for safeguarding children and acting on safeguarding issues and reporting issues to external agencies.

The DSL acts as a source of support, advice, and expertise for staff.  Risk assessments / safety plans will be completed as required and where appropriate will involve other agencies.

The ultimate responsibility for safeguarding and child protection remains with the DSL; however, the DSL may delegate activities to the DSO.

The DSL ensures all staff and regular visitors have appropriate safeguarding training and information to equip them for their role.

Ross Naylor, is the Deputy Safeguarding Officer (DSO) is responsible for safeguarding children and acting on and reporting safeguarding issues to the CEO or relevant external agencies.  In the absence of the DSL, the DSO will take the lead on safeguarding.

The DSL / DSO have received appropriate safeguarding training to provide them with an understanding of their role and the knowledge and skills to carry out the role.  The DSL and DSO are both trained to the same level.  This training is updated at least every 2 years and in addition to this, they regularly refresh their knowledge and skills.

For full details of the DSL / DSO roles and responsibilities please refer to Part 2 & Annex C of keeping Children Safe in Education 2023.

The DSL / DSO are responsible for referring individuals to external agencies such as:

• Children’s Advice and Duty Service, (ChAd) Stoke on Trent – Tel 01782 235100 (office hours) or 01782 234234 (out of office hours) or email CHAD.Referrals@stoke.gov.uk

• Staffordshire Children’s Advice and Support Team – Tel 0800 1313 126 (office hours) or 0345 6042 886 (out of office hours)

• Police – 999
• Child Line – Tel 0800 1111 helpline
• NSPCC – Tel 0808 800 5000 helpline

Local Authority Designated Safeguarding Officer

The Designated Safeguarding Officers are responsible for providing support, advice and expertise on safeguarding issues, and are responsible for dealing with allegations or suspicions of reported abuse.

The DSO’s attend regular safeguarding training (every two years as a minimum) including Multi-Agency Level 2 working together to safeguard children. 

Other aspects of their role include:

• Obtaining information from staff, volunteers, children, parents, carers who have concerns relating to the protection of children, and to formally record this information
• Assessing information quickly and carefully and asking for further information where appropriate
• Consulting with a statutory child protection agency e.g. the local social services department, to clarify doubts and worries
• Making referrals to statutory child protection agencies or the police without delay
• Designated Safeguarding Officers have contact numbers for the local Area Safeguarding Children’s Board and other statutory agencies.

The Chief Executive Officer:

The CEO is responsible for:

• Ensuring that all apprentices / learners receive an induction and an induction booklet prior to starting their programme. As part of the induction staff must make all apprentices / learners aware of the procedure for reporting a safeguarding concern or how they can access support or guidance.  They are also provided with the contact details for the Designated Safeguarding Lead and the confidential safeguarding email address (which is accessed by the CEO) should they need to report any incident.
• Ensuring that staff make all apprentices / learners and employers aware of NSEGTA’s Safeguarding Policy and the process for reporting an incident.
• Ensuring the policy is readily available on our website for apprentices / learners, employers and key stakeholders to access.
• Ensuring NSEGTA Safeguarding Policy and Procedures are reviewed annually or sooner should legislation / guidance change and all staff are fully committed to support and follow the policy and procedures.
• Ensuring all staff receive appropriate safeguarding training (at least every 2 years) and are aware of the organisation’s procedures.
• Ensuring all staff have read and have a good understanding of at least part 1 of Keeping Children Safe in Education 2023.
• Identifying deputy designated safeguarding staff and ensure they are appropriately trained.
• Ensuring the designated safeguarding lead or a deputy is available at all times to allow staff, apprentices / learners to discuss / report safeguarding concerns.
• Ensuring that adequate and appropriate cover is available for out of hours activities.
• Ensuring Safeguarding Officers have sufficient time and resources to carry out their role effectively.
• Making sure that all staff feel able to raise concerns about the safety of children.
• Providing advice and support to other staff on issues relating to child or adult at risk protection.
• Ensuring concerns are dealt with sensitively, effectively and in a timely manner.
• Maintaining a proper record of any child/adult protection referral, complaint or concern, even where that concern does not lead to an external referral.
• Carrying out a risk assessment (if deemed necessary) for reported incidents of sexual harassment.
• Overseeing the referral of cases of suspected abuse or allegations to proper authorities i.e. liaising with The Stoke on Trent Children’s Safeguarding Board, Local Authority, Social Services, Police and The Midlands Partnership Foundation NHS Trust for Adults and any other appropriate agencies.
• Ensuring that parents of children and young people within the organisation are aware of the organisations safeguarding policy.

Ensuring all children are safe whilst visiting NSEGTA.  Internet safety training will be provided prior to learners using their IT equipment to accesses online resources.  Internet filters and IT support is managed offsite by our IT provider.

Confidentiality

Staff should never give absolute guarantees of confidentiality to children wishing to tell them about something serious. They should however guarantee that they will only pass on information to the minimum number of people who must be told in order to ensure that the proper action is taken to protect the child.

What to do if you suspect someone is being abused

All staff working in direct contact with learners must be alert to the signs of abuse. Anyone who suspects that abuse is taking place inside or outside of the setting, or to whom a learner discloses issues relating to safeguarding, should contact the CEO. If the problem concerns the CEO, any problem should be reported to the Chairman of the Group.

Staff who are not the Designated Safeguarding Lead (DSL) or Designated Safeguarding Officer (DSO), but who are approached with concerns about a child, must bring the concerns raised to the attention of the DSL immediately or the DSO. All staff to whom a learner discloses issues that may be related to safeguarding must keep written records of concerns. Such records must be kept securely, separate from the main learner files and in locked locations.

The DSL / DSO will develop effective links with relevant agencies and co-operate as required with any enquiries regarding child protection matters, including attendance at case conferences.

If an allegation reported is of a learner abusing another learner, then the accused learner will be suspended pending investigations by NSEGTA whom may involve social services or the police. 

Allegations of abuse against members of staff

Allegations of abuse, or concerns raised against members of staff, will always be treated seriously.  The allegation must always be referred to one of the Designated Safeguarding Officers who will follow the Safeguarding Procedure in the same way as for other safeguarding allegations.

The Designated Safeguarding Officer will take the appropriate steps to ensure the safety of the child, and any others who may be at risk. The Designated Safeguarding Officer will ensure that all procedures are followed when managing a disclosure from the learner and a Disciplinary Investigation will be carried out by the CEO.

If the allegation or concern is against one of the DSL or DSO, it should be reported to the Chairman.  Where a member of staff does not feel confident to raise their concerns with the CEO or Chairman they know to contact the LADO on 0300 111 8007.

Where there is a complaint against a member of staff there may also be criminal (police) investigations and/or a child protection investigation carried out by Social Services.

All allegations that are made against a member of staff must be reported to the CEO in the first instance.  The CEO will seek advice from the Local Authority Designated Officer (LADO) within one working day on (0300 111 8007).

If a concern means an apprentice / learner is at immediate risk, then the individuals needs to contact Staffordshire Children’s Advice and Support Team on (0300 111 8007).

Reporting cases to the Independent Safeguarding Authority

NSEGTA has a statutory duty to make reports, and provide relevant information to the Independent Safeguarding Authority (ISA) where there are grounds for believing, following an investigation, that an individual is unsuitable to work with children, or may have committed misconduct. The responsibility for reporting cases to the ISA lies with the CEO.

The Independent Safeguarding Authority make barring decisions for Section 142 of the Education Act (formally known as List 99), The Protections of Children Act List (PoCA) and the Protection of Vulnerable Adults List (PoVA)

Safe recruitment of staff

NSEGTA undertakes too ensure that staff are fit to work with children. We also reserve the right to refuse to employ staff who we believe may pose a risk to our learners.

NSEGTA has systems in place to prevent unsuitable people from working with children and to promote safe practice. These systems apply to contractors working on site, volunteers and all new staff.  The following scrutinising checks are made prior to their appointment:

• Firstly, an interview will be undertaken to identify their suitability
• A minimum of 2 professions references, one of which should be from their previous employer and 1-character reference
• Documentary evidence checks to verify their identity, confirm nationality, residency and ‘right to work’ status
• Enhanced DBS checks* / compliance with the Disclosure & Barring Service (DBS) regulations
• Documentary evidence of academic or vocational qualifications
• Satisfactory completion of the probationary period as defined in their letter of appointment
• Ensuring the individual has the health and physical capacity for the job

*The Further Education (Providers of Education) England Regulations 2006 place a duty on colleges and FE training providers to undertake an Enhanced Criminal Records Bureau Disclosure for all new staff providing education, training or care to children, young people or vulnerable adults. An Enhanced Disclosure is carried out for staff who regularly care for, supervise, train or are in sole charge of children or vulnerable adults.

For individuals who have lived outside of the UK, further checks are carried out, where appropriate, if a CRB Disclosure is not felt to be sufficient to establish suitability to work with children, young people or vulnerable adults.

In accordance with the Regulations, records of all checks carried out are kept centrally by the HR Manager.

On appointment, all staff receive a full induction, which includes:

• A copy of this policy is provided to all staff, alongside our staff code of conduct policy.
• All staff who work directly with our apprentices / learners, are provided with safeguarding / prevent training, any other training that may be identified. All staff are encouraged to undertake CPD to update their skills and knowledge and are provided with refresher training (at least every 2 years).
• All staff who work directly with our apprentices / learners have read at least part one of keeping Children Safe in Education 2023.

Vetting and barring scheme

The Vetting and Barring Scheme is a system run by the government and may be subject to change. For up-to-date information and further explanation, please visit https://www.gov.uk/government/organisations/disclosure-and-barring-service/about

Apprenticeship courses may involve regular access to children and/or vulnerable adults, also known as regulated activity.

NSEGTA is committed to safeguarding children and vulnerable adults. All staff working with children or vulnerable adults will be registered with the Governments Vetting and Barring Scheme to complete a DBS check.  This DBS check will be completed at least every 3 years. It is the responsibility of all staff to report to the CEO immediately any changes in circumstance that could affect future DBS checks.

Staff Training and Development

All staff who come into direct contact with learners must undertake training (at least every two years) on the subject of safeguarding and the centre procedures. This Safeguarding policy, procedure and accompanying guidance will be issued to all new staff as part of their induction.

Registrations:
If, during the course of an investigation relating to safeguarding, an employee tenders his/her resignation, or ceases to provide their services, NSEGTA is not prevented from following up an allegation in accordance with these procedures. Every effort will be made to reach a conclusion in cases relating to the welfare of children or vulnerable adults, including those where the person concerned refuses to co-operate with the process.

Support for staff:
NSEGTA is aware that safeguarding cases can be distressing and that staff who have been involved may find it helpful to talk about their experiences, in confidence, with our Designated Safeguarding Officer.

Equality of Opportunity:
All children and vulnerable adults, have the right to be safeguarded from harm and exploitation whatever their race, religion, gender, sexuality, age or disability. This policy relates to NSEGTA legal obligation to protect children who are suffering forms of abuse as defined in the Children Act 1989-2004 and is therefore in line with the centres equality and diversity policies.

Learners

To safeguard children and vulnerable adults whilst visiting NSEGTA all learners must:

• Sign in on arrival and wear a learner lanyard at all times
• Be supervised on site at all times
• Only be allowed access to the control room, workshops and classrooms and will not be allowed access to restricted areas unless accompanies by a member of staff

Visitors

To safeguard children and vulnerable adults whilst visiting NSEGTA all visitors must:

• Sign in on arrival and wear a visitor lanyard at all times
• Be supervised on site at all times
• Only be allowed access to meeting rooms and will not be allowed access to restricted areas unless accompanied by a member of staff.

Employers

To safeguard our apprentices / learners NSEGTA visit all new employers to complete a risk assessment for Health & Safety. 

All employers are made aware of our safeguarding policy prior to any apprentice / learner being signed up on programme.  Managers / Mentors also attend regular progress review meetings with their apprentice / employee and the NSEG Training Officer / Tutor where safeguarding is a topic for discussion.  This discussion will raise the awareness of safeguarding and hopefully prevent any abuse towards the apprentice / learner in the company.

Approved and signed by:

 Paul Williams

Chief Executive

Reviewed 30^th November 2023

(to be reviewed January 2024)

Addendum:

Primes to be made aware of any incidents (if applicable).

Appendix 1 –  Sexual violence and sexual harassment between children

Context

• Sexual violence and sexual harassment can occur between two children of any age and sex. It can also occur through a group of children sexually assaulting or sexually harassing a single child or group of children.
• Children who are victims of sexual violence and sexual harassment will likely find the experience stressful and distressing. This will, in all likelihood, adversely affect their educational attainment. Sexual violence and sexual harassment exist on a continuum and may overlap, they can occur online and offline (both physically and verbally) and are never acceptable. It is important that all victims are taken seriously and offered appropriate support.
• Reports of sexual violence and sexual harassment are extremely complex to manage. It is essential that victims are protected, offered appropriate support and every effort is made to ensure their education is not disrupted. It is also important that other children, adult learners and staff are supported and protected as appropriate.

NSEG will:

• make clear that sexual violence and sexual harassment is not acceptable, will never be tolerated and is not an inevitable part of growing up.
• not tolerate or dismiss sexual violence or sexual harassment as “banter”, “part of growing up”, “just having a laugh” or “boys being boys”.
• challenge behaviour (potentially criminal in nature), such as grabbing bottoms, breasts and genitalia and flicking bras and lifting up skirts.
• understand that all of the above can be driven by wider societal factors beyond NSEGTA, such as everyday sexist stereotypes and everyday sexist language.

SEND

• Children with Special Educational Needs and Disabilities (SEND) are three times more likely to be abused than their peers. Additional barriers can sometimes exist when recognising abuse in SEND children. These can include:

• assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s disability without further exploration.
• the potential for children with SEND being disproportionately impacted by behaviours such as bullying and harassment, without outwardly showing any signs.

• Any reports of abuse involving children with SEND will therefore require close liaison with the Designated Safeguarding Officer (or deputy).

Definitions

Children: When referring to children, we are referring to both children and vulnerable adults.

Sexual violence: When referring to sexual violence, we do so in the context of child on child sexual violence.

When referring to sexual violence we are referring to sexual offences under the Sexual Offences Act 2003 as described below:

Rape: A person (A) commits an offence of rape if: he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration and A does not reasonably believe that B consents.

Assault by Penetration: A person (A) commits an offence if: s/he intentionally penetrates the vagina or anus of another person (B) with a part of her/his body or anything else, the penetration is sexual, B does not consent to the penetration and A does not reasonably believe that B consents.

Sexual Assault: A person (A) commits an offence of sexual assault if: s/he intentionally touches another person (B), the touching is sexual, B does not consent to the touching and A does not reasonably believe that B consents.

What is consent? Consent is about having the freedom and capacity to choose. Consent to sexual activity may be given to one sort of sexual activity but not another, e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom. Consent can be withdrawn at any time during sexual activity and each time activity occurs. Someone consents to vaginal, anal or oral penetration only if s/he agrees by choice to that penetration and has the freedom and capacity to make that choice.

• a child under the age of 13 can never consent to any sexual activity
• the age of consent is 16
• sexual intercourse without consent is rape

Sexual harassment

• Sexual harassment refers to ‘unwanted conduct of a sexual nature’ that can occur online and offline and is referred to in the context of child on child sexual harassment. Sexual harassment is likely to: violate a child’s dignity, and/or make them feel intimidated, degraded or humiliated and/or create a hostile, offensive or sexualised environment. Whilst not intended to be an exhaustive list, sexual harassment can include:
• sexual comments, such as: telling sexual stories, making lewd comments, making sexual remarks about clothes and appearance and calling someone sexualised names.
• sexual “jokes” or taunting.
• physical behaviour, such as: deliberately brushing against someone, interfering with someone’s clothes and displaying pictures, photos or drawings of a sexual nature.
• online sexual harassment. This may be standalone, or part of a wider pattern of sexual harassment and/or sexual violence.

Online sexual harassment may include:

• non-consensual sharing of sexual images and videos
• sexualised online bullying
• unwanted sexual comments and messages, including, on social media
• sexual exploitation; coercion and threats
• Sexual harassment creates an atmosphere that, if not challenged, can normalise inappropriate behaviours and provide an environment that may lead to sexual violence

Harmful sexual behaviour

• Children’s sexual behaviour exists on a wide continuum, from normal and developmentally expected to inappropriate, problematic, abusive and violent. Problematic, abusive and violent sexual behaviour is developmentally inappropriate and may cause developmental damage.
• Harmful sexual behaviour can occur online and/or offline and can also occur simultaneously between the two and should be considered in a child protection context.
• When considering harmful sexual behaviour, ages and the stages of development of the children are critical factors to consider. Sexual behaviour between children can be considered harmful if one of the children is much older, particularly if there is more than two years’ difference however, a younger child can abuse an older child, particularly if they have power over them, for example, if the older child is disabled.
• Children displaying harmful sexual behaviour have often experienced their own abuse and trauma. It is important that they are offered appropriate support.

• Children who are lesbian, gay, bi, or trans (LGBT) can be targeted by their peers. In some cases, a child who is perceived by their peers to be LGBT (whether they are or not) can be just as vulnerable as children who identify as LGBT.

The immediate response to a report

Responding to the report

• The initial response to a report from a child is important. It is essential that all victims are reassured that they are being taken seriously and that they will be supported and kept safe. A victim should never be given the impression that they are creating a problem by reporting sexual violence or sexual harassment. Nor should a victim ever be made to feel ashamed for making a report.
• In some cases, the victim may not make a direct report. For example, a friend may make a report or a member of staff may overhear a conversation that suggests a child has been harmed. It is important that in such instances staff take appropriate action personally by reporting these concerns to the Designated Safeguarding Officer (or deputy) In such cases, the basic safeguarding principles remain the same, but it is important to understand why the victim has chosen not to make a report themselves. This discussion should be handled sensitively and with the support of children’s social care if appropriate.
• Where reports of alleged sexual violence or sexual harassment involves learners from NSEGTA, but is alleged to have taken place away from NSEGTA premises, or online appropriate information sharing and effective multi-agency working will be especially important.

Considering confidentiality and anonymity

Confidentiality

• Staff taking a report should never promise confidentiality as it is very likely that it will be in the best interests of the victim to seek advice and guidance from others in order to provide support and engage appropriate agencies.
• The designated safeguarding lead (or a deputy) will consider the following:

• parents or carers should normally be informed (unless this would put the victim at greater risk).
• the basic safeguarding principle is: if a child is at risk of harm, is in immediate danger, or has been harmed, a referral should be made to children’s social care.
• rape, assault by penetration and sexual assaults are crimes. Where a report of rape, assault by penetration or sexual assault is made, this should be referred to the police.

Anonymity

• NSEGTA will do all it reasonably can to protect the anonymity of any children involved in any report of sexual violence or sexual harassment. Amongst other things, this will mean carefully considering, based on the nature of the report, which staff should know about the report and any support that will be put in place for the children involved.

Risk Assessment

• When there has been a report of sexual violence, the designated safeguarding officer (or deputy) will make an immediate risk and needs assessment.
• Where there has been a report of sexual harassment, the need for a risk assessment should be considered on a case-by-case basis.

The risk and needs assessment will consider:

• the victim, especially their protection and support
• the alleged perpetrator
• all the other children (and, if appropriate, adult learners and staff), especially any actions that are appropriate to protect them

• Risk assessments will be recorded (written or electronic) and will be kept under review.
• At all times NSEGTA will actively consider the risks posed to all learners and putting adequate measures in place to protect them and keep them safe.
• The designated safeguarding officer (or deputy) will ensure engagement with children’s social care and specialist services as required. Where there has been a report of sexual violence, it is likely that professional risk assessments by social workers and or sexual violence specialists will be required.
• Professional assessments will be used to inform NSEGTA’s approach to supporting and protecting learners and updating NSEGTA risk assessment.

Action following a report of sexual violence and/or sexual harassment

What to consider

• The designated safeguarding officer (or deputy) is likely to have a complete safeguarding picture and be the most appropriate person to advise on NSEGTA’s initial response.

Important considerations will include:

•  the wishes of the victim in terms of how they want to proceed. This is especially important in the context of sexual violence and sexual harassment. Victims should be given as much control as is reasonably possible over decisions regarding how any investigation will be progressed and any support that they will be offered.
• the nature of the alleged incident(s), including: whether a crime may have been committed and consideration of harmful sexual behaviour.
• the ages of the children involved.
• the developmental stages of the children involved.
• any power imbalance between the children. For example, is the alleged perpetrator significantly older, more mature or more confident? Does the victim have a disability or learning difficulty?
• is the alleged incident a one-off or a sustained pattern of abuse?
• are there ongoing risks to the victim, other children, adult learners or NSEGTA staff?

Children sharing a classroom / premises: Initial considerations when the report is made

• Any report of sexual violence is likely to be traumatic for the victim. However, reports of rape and assault by penetration are likely to be especially difficult with regard to the victim and close proximity with the alleged perpetrator is likely to be especially distressing. Whilst NSEGTA establishes the facts of the case and starts the process of liaising with children’s social care and the police, the alleged perpetrator will be removed from any classes they share with the victim.
• NSEGTA will also consider how best to keep the victim and alleged perpetrator a reasonable distance apart on NSEGTA premises and on transport to and from NSEGTA, where appropriate. These actions are in the best interests of both children and should not be perceived to be a judgment on the guilt of the alleged perpetrator.
• For other reports of sexual violence and sexual harassment, the proximity of the victim and alleged perpetrator and considerations regarding shared classes and sharing premises should be considered immediately.

Options to manage the report

• Each report will be considered on a case by case basis and will include careful consideration of when to inform the alleged perpetrator. Where a report is going too made to children’s social care and/or the police NSGETA will seek advice on when and how the alleged perpetrator will be informed. This will not stop NSEGTA taking immediate action to safeguard children where required.
• There are four likely scenarios for NSEGTA to consider when managing any reports of sexual violence and/or sexual harassment:

1. Manage internally
2. Early help
3. Referrals to children’s social care
4. Reporting to the police

Ongoing response

For information on good practice in managing the ongoing response to reports of sexual violence and sexual harassment NSEGTA will use the advice published in the Department for Educations in their document ‘Sexual violence and sexual harassment between children in schools and colleges’ May 2018.

The advice in this document will be used to inform actions around:

1. Safeguarding and supporting the victim
2. Safeguarding and supporting the alleged perpetrator
3. Discipline and the alleged perpetrator
4. Working with parents and carers
5. Safeguarding other children

Modern Slavery Policy

Modern slavery is a crime and a violation of fundamental human rights. It can take various forms such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another to exploit them for personal or commercial gain. We have a zero-tolerance approach to modern slavery and we are committed to acting ethically and with integrity in all our business dealings and relationships to implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in our business or through our supply chains.

We are also committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chains, consistent with our disclosure obligations under the Modern Slavery Act 2015. We expect the same high standards from all of our contractors, suppliers and other business partners, and as part of our contracting processes and learner placements, we include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude, whether they be adults or children, and we expect our suppliers to hold their suppliers to the same high standards.

This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, apprentices, contractors, external consultants, third-party representatives, board members and business partners.

This policy does not form part of any employee’s contract of employment and we may amend it at any time.

The Chief Executive Officer has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it.

Day to day the Chief Executive Officer has primary responsibility for implementing this policy, monitoring its use and effectiveness, dealing with any queries about it, and auditing internal control systems and procedures to ensure they are effective in countering modern slavery.

All managers are responsible for ensuring those reporting to them understand and comply with this policy.

You are invited to comment on this policy and suggest ways in which it might be improved. Comments, suggestions and queries should be addressed to the Chief Executive Officer.

All employees must ensure that they have read, understood and comply with this policy. The prevention, detection and reporting modern slavery in any part of our business or throughout supply chains is the responsibility of all those working for us or under our control. You are required to avoid any activity that might lead to or suggest a breach of this policy. You must notify your manager as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future. You are encouraged to raise concerns about any issue or suspicion of modern slavery in any parts of our business or supply chains at any tier at the earliest possible stage. If you believe or suspect that a breach of this policy has occurred or may occur, you must notify your manager or report it in accordance with the whistleblowing section of the Malpractice and Maladministration Policy as soon as possible. If you are unsure about whether a particular act, the treatment of workers more generally, or their working conditions within any tier of our supply chains constitutes any of the various forms of modern slavery, raise it with your manager or the Chief Executive Officer.

We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. We are committed to ensuring no one suffers any detrimental treatment as a result in reporting in good faith their suspicion that modern slavery in any form is taking place in any part of our business operations and supply chains. Detrimental treatment includes dismissal, disciplinary action, threats or other unfavourable treatment connected with raising a concern. If you believe you have suffered any such treatment, you should inform the Chief Executive Officer immediately. If the matter is not remedied, and you are an employee, you should raise it formally using our grievance procedure.

This zero-tolerance approach to modern slavery must be communicated to all suppliers, contractors, apprentices and business partners at the outset of our business relationship with them and reinforced as appropriate thereafter.

Any employee who breaches this policy will face disciplinary action, which could result in dismissal for misconduct or gross misconduct.

We may terminate our relationship with other individuals and organisations working on our behalf if they breach this policy.

Approved and signed by:

Paul Williams

Chief Executive

Reviewed 4^th January 2023

(to be reviewed January 2024)

Addendum:

Primes to be made aware of any incidents (if applicable).

Prevent Policy

NSEGTA is committed to providing a secure environment for all apprentices / learners, where they feel safe and are kept safe. All staff at NSEGTA recognise that safeguarding is everyone’s responsibility, irrespective of the role they undertake and whether or not their role has direct contact or responsibility for children, young people or vulnerable people.

Apprentices / Learners can be vulnerable to extremist ideology, radicalisation and other forms of harms and abuse.   Protecting our apprentices / learners from this risk is part of NSEGTA’s safeguarding approach.

NSEGTA recognises the Government’s concern that the UK continues to face a threat from terrorism and will endeavor to support in identifying and acting promptly to report any concerns.

In adhering to this policy and the procedures therein, staff and visitors will comply with the company’s statutory duties to:-

• Keep young people and vulnerable adults safe as set out in the Keeping Children Safe in Education, DfE Guidance September 2022.
• Safeguard and promote the welfare of all children as set out in the Education Act 2002.
• Contribute to the delivery of the outcomes for all children, as set out in the Children Act 2004.
• Have due regard to the need to prevent people from being drawn into terrorism, as set out in Counter-Terrorism and Security Act 2015.

This policy is shared with all staff, apprentices / learners, employers, key stakeholders and other interested parties. This policy is also available on our website at www.nsegta.co.uk.

Purposes
NSEGTA has a statutory and moral responsibility to safeguard and promote the welfare of young people and vulnerable adults receiving education and training with NSEGTA. This policy describes the responsibilities of NSEGTA in response to current legislation and guidance and is linked to our Safeguarding Policy. 

NSEGTA have a duty to support with and to prevent people from being drawn into terrorism which is commonly known as the “Prevent Duty” as set out in Schedule 6 of the Counter-Terrorism and Security Act 2015.

The purpose of this prevent policy is to identify clear responsibilities and accountabilities for the Prevent Duty at NSEGTA and to ensure we have access to the relevant channels of communication to report a child, young person or vulnerable adult that may be at risk of radicalisation or extreme ideologies.

The following associated organisational policies may help staff to identify and relevant changes in a person’s behaviour:

• Safeguarding Policy
• Welfare Policy
• Complaints Policy
• Equal Opportunities Policy

Definitions

Ideology – a set of beliefs.

Radicalisation – the process by which a person comes to support terrorism and forms of extremism leading to terrorism.

Terrorism – Terrorism is an action or threat designed to influence the government or intimidate the public. Its purpose is to advance a political, religious or ideological cause. There are four themes to the strategy:

• pursue: to stop terrorist attacks
• prevent: to stop people becoming terrorists or supporting terrorism
• protect: to strengthen our protection against a terrorist attack
• prepare: to mitigate the impact of a terrorist attack

Extremism – a vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and the mutual respect and tolerance of different faiths and beliefs. This also includes calls for death of members of the armed forces.

There are three types of extremism behaviours as follows:

• Violent Extremism – is the beliefs and actions of people who support or use violence to achieve ideological, religious or political goals.
• Domestic Extremism – refers to the activity of individuals or groups conducting criminal acts of direct action to further their protest campaign.
• Hateful Extremism – The demonstration of unacceptable behaviour by using any means or medium to express views, which:

• • Incite and amplify hate, engage in persistent hatred, or equivocate about and make the moral case for violence
  • Draw on hateful, hostile or supremacist beliefs directed at groups perceived as threats to the well-being, survival or success of another group
  • And cause (or are likely to cause) harm to individuals, communities or wider society

Channel – a multi-agency approach which focuses on providing support at an early stage to people who are identified as being vulnerable to being drawn into terrorism. The programme uses a multi-agency approach to protect vulnerable people by:

• identifying individuals at risk
• assessing the nature and extent of that risk
• developing the most appropriate support plan for the individuals concerned

Key Principles

NSEGTA is a safe place where apprentices / learners can explore controversial issues safely and where our staff encourage and facilitate this and have a duty to ensure this happens. However, there is no place for extremist views of any kind on our premises or employers’ premises, whether from internal sources (apprentices / learners, staff or trustees) or external sources (community, external agencies or individuals). 

Any prejudice, discrimination or extremist views, including derogatory language, displayed by apprentices / learners or staff will always be challenged and where appropriate dealt with in line with our policies and procedures.

Where misconduct by a member of staff is proven, the matter will be referred to the appropriate authorities.

We recognise that if we fail to challenge extremist views we are failing to protect our apprentices / learners and staff.

We will provide training, delivered by skilled professionals, so that our apprentices / learners are enriched, understand and accept difference and diversity and also to ensure that they feel safe and valued. 

We recognise that extremism can take many forms including: (bit not limited) violent extremism including those linked to Islamist ideologies, or Far Right / Neo Nazi / White Supremacist ideologies, Irish Nationalist and Loyalist paramilitary groups, and extremist Animal Rights movements.

Furthermore, we are aware that young people and vulnerable adults can be exposed to extremist influences or prejudiced views from an early age, which originate from a variety of sources, including parents, the internet and peers.

Designated Safeguarding Staff

The Designated Safeguarding Lead (DSL) for NSEG is Paul Williams – CEO who has the lead responsibility for safeguarding and child protection, including Prevent Duty. The DSL leads on concerns regarding extremism or radicalisation and is the first point of contact for apprentices / learners, staff or external agencies where concerns about an individual’s safety or well-being are raised.

Where there are concerns regarding extremism and radicalisation, the DSL will liaise with Stoke on Trent Local Authority Prevent Team and make referrals where appropriate.

Where there are serious and immediate safety issues to the apprentice / learner, employee or others and there is evidenced that a criminal act may be committed or has been committed the DSL will contact the police.

The ultimate responsibility for the Prevent Duty and the accountability for ensuring the effectiveness of all policies and procedures, including Safeguarding, Prevent and organisational compliance with regulatory requirements remains with the CEO.

The Deputy Safeguarding Officer Lead (DSO) for NSEG is Daniel Rowley – Head of Learning and Development.

Implementation of the Prevent Duty

The responsibilities of NSEGTA:

• NSEGTA have a legal responsibility to fulfil the prevent duty statement.
• To ensure this Prevent Duty Policy is reviewed annually or in line with current legislation and that all staff are fully committed to supporting and following the policy and procedures.
• To promote this policy to staff, apprentices / learners, employers and key stake holders.
• To engage with its employees, apprentices / learners, employers and key stakeholders in implementing this policy and procedure.
• To identify a designated Safeguarding Lead who is the main point of contact for Prevent  
• To follow statutory guidance in Keeping Children Safe in Education 2022 for recruitment and apply Safer Recruitment best practice.
• To ensure that resources are deployed to support the implementation of this policy and associated policies and procedures including the Safeguarding Policy 2022/23.
• To make to clear internal sources (apprentices / learners, staff or trustees) or external sources (community, external agencies or individuals) that there is no place for extremist views of any kind in our premises or employers’ premises.
• We will provide an environment where mutual respect and understanding is encouraged and to promote the use of dialogue not violence as a form of conflict resolution.
• To develop and maintain clear reporting / channel protocols with key partners including (but not limited to) the Local Authorities, the Police and specialist external advisors.

• To provide relevant training to staff on implementing this policy and to recognise radicalisation and extremism (contained in Appendix A) and ensure they are confident enough to challenge it including the responses required in terms of the usual safeguarding reporting procedures alongside the Prevent duty. They are given access to the DfE guidance “Work-Based Learners and the Prevent Statutory Duty.

• To ensure all staff complete Prevent training at least every two years and gain regular updates through CPD activities.
• To vet any external agencies, individuals or speakers engaged to provide learning opportunities or experiences for our apprentices / learners to ensure that any activities are matched to the needs of the apprentices / learners.
• To protect its staff, apprentices/learners from radicalising influences.
• To ensure staff, apprentices / learners are resilient to extreme narratives
• To act on any concerns raised through appropriate and proportionate actions
• To monitor the implementation and effectiveness of this policy through periodic reports to SMT and the Board of Trustees
• To attend local, prevent network meetings to share best practice and approaches to safeguard stakeholders.
• To liaise with the DfE Regional Prevent Lead for FE/HE where appropriate to do so.

• If necessary, to obtain evidence that any sub-contracted organisations are not funding extremism. This includes having policies and procedures in place to prevent radicalisation and extremism, that they have systems in place to manage any cases of radicalisation or extremism and that the organisation, directors or employees have no links with extremist organisations.
• Monitors online activity within its network to ensure that inappropriate sites are not accessed by apprentices / learners or staff. This is managed and monitoring by our IT Service provider.  Anyone needing to use a blocked website for academic purposes should contact the CEO to gain approval.

The responsibilities of NSEGTA staff:

• To be aware of the policy and to understand warning signs of radicalisation and extremism.
• To develop leaners’ understanding of risks related to radicalisation and extremism and know how to raise any issues or concerns.
• To undertake periodic training with respect to Prevent agenda and at least every 2 years.
• To report any prevent related concerns or suspicious activity as per the organisations safeguarding procedures.

• Identify and report changes in colleagues, employers or apprentices’ / learners’ behaviour, which could indicate that they may be in need of help or protection.
• Report colleagues, employers, apprentices / learners’ accessing extremist material online, including through social networking sites.
• Report colleagues, employers, apprentices / learners’ voicing opinions drawn from extremist ideologies and narratives.
• Report any Prevent issues raised by colleagues, apprentices / learner and employers to the Designated Safeguarding Lead.
• To make all apprentices / learners, employers and key stakeholders aware of our confidential safeguarding email address safeguarding@nsegta.co.uk where they can report any issues / concerns.

NSEGTA Trainers / Tutors will do the following:

• ensure that all teaching approaches help apprentices / learners build resilience to extremism and give them a positive sense of identity through the development of critical thinking skills.
• adapt teaching and resources, to address specific issues that are relevant to the current issues of extremism and radicalisation.
• promote the values of democracy, the rule of law, individual liberty, and mutual respect and tolerance for those with different faiths and beliefs.
• teach and encourage apprentice / learners to respect one another and to respect difference, especially those of different faith or no faith. It is the most fundamental responsibility to keep apprentices / learners safe and prepare them for life in modern multi-cultural Britain and globally.
• help support apprentices / learners who may be vulnerable to such influences as part of wider safeguarding responsibilities and where they believe an apprentices / learner are being directly affected by extremist materials or influences, ensure support is offered by following the organisations safeguarding procedure

Data Protection

To operate and administrate the Prevent Duty Policy, the Company needs to collect and process personal data. This personal data will be processed in accordance with the Company’s Data Protection Policy and Employee Privacy Notice. Where it is necessary for the Company to collect and process information which is called Special Categories of personal data, such personal data will be collected in accordance with the Company’s Data Protection Policy and Employee Privacy Notice related to the processing of special categories of personal data. The Company has a legitimate interest and/or a legal obligation in processing this personal data to ensure that the Prevent Duty policy is complied with and correctly managed.

All personal data collected and processed by the Company is held securely and only accessed or disclosed to those individuals who require such information for the purposes for which it was collected. Any inappropriate access or disclosure of personal data is treated as a data breach. You should immediately report any such inappropriate access or disclosure to the person responsible for data protection as shown in, and in accordance with, the Company’s Data Protection Policy. Such a breach will be investigated and dealt with under the Company’s Disciplinary Policy and Procedure.

Approved and signed by:

Paul Williams

Chief Executive

Reviewed 4^th January 2023

(to be reviewed January 2024)

Appendix A – Signs of Radicalisation and Extremism

There are signs that people can look out for to indicate a person is being radicalised or is at risk. It is important to notice these signs and help to prevent the person from acting on their radicalisation.

Children, young people and vulnerable adults at risk of radicalisation may:

• Have low self-esteem
• Be confused about their faith, sense of belonging, or identitypoli
• Be victims of bullying or discrimination
• Feel isolated or lonely
• Be experiencing stress or depression
• Be going through a transitional period in their life
• Be angry at other people or the government
• Feel angry about how they are treated or seen by society

It is very difficult to know at what stage certain views can become dangerous, or if a child or young person is being exploited and manipulated into becoming a part of an extremist group. Signs aren’t always obvious, but indicators that a child or young person is being radicalised may include:

• Withdrawal from family and friends, or changing circle of friends
• Hostility towards others
• Talking as if from a script
• Being unwilling to discuss their views
• Increased levels of anger
• Being secretive, particularly around what they are doing on the internet
• Using extremist terms to exclude people or incite violence
• Expressing the values of extremist or terrorist organisations (including political or religious based grievances)
• Supporting violence and terrorism towards other cultures, nationalities, or religions
• Writing or creating artwork that promotes extremist values
• Talking about being a ‘martyr’
• Possession of extremist literature or other material, or trying to access extremist websites
• Possession of any material about weapons, explosives, or military training

 This Prevent Duty Policy is supported by the guidance published in:-

Stoke-on-Trent and Staffordshire Safeguarding Children Board procedures https://www.staffsscb.org.uk/procedures/

Keeping Children Safe in Education; DfE: September 2022 https://www.gov.uk/government/publications/keeping-children-safe-in-education

Teaching Approaches that help Build Resilience to Extremism among Young People; DfE 2011

https://www.gov.uk/government/publications/teaching-approaches-that-help-to-build-resilience-to-extremism-among-young-people

OFSTED Further Education & Skills Inspection Handbook; September 2021

https://www.gov.uk/government/publications/further-education-and-skills-inspection-handbook-eif

Prevent duty guidance; updated April 2021

https://www.gov.uk/government/publications/prevent-duty-guidance

DfE September 2018 WBL Prevent Guidance for Providers

www.gov.uk/government/publications/prevent-duty-guidance

Operating with impunity – Commission for Countering Extremism, February 2021 https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/963156/CCE_Operating_with_Impunity_Accessible.pdf

Useful Contacts:

Staffordshire Police Prevent Team contact details:

• Emergency: o Tel: 999
• Non-emergency:
  • Email: prevent@staffordshire.pnn.police.uk
  •  Tel: 01785 232054 o Tel (anon): 0800 789321

Complaints Policy

Introduction

North Staffordshire Engineering Group Training Association (NSEGTA) is committed to delivering an excellent experience to its learners, employers, stakeholders and the local community and is dedicated to providing the best possible training and service.  

Our learners and employers’ views are important to us and help us to ensure that the training and services we provide are of the highest quality and consistently meet the needs of all our stakeholders.  We want to make our training and services as efficient and effective as possible and to do this we require feedback on it being fit for purpose or recommendations on how we can improve it. 

Our aim is to take account of all opinions; whether it be positive / complimentary feedback, as well as taking seriously any areas of concern or dissatisfaction, which may result in a formal complaint. 

NSEGTA will listen carefully to all feedback and respond promptly should a complaint be raised with us. We actively encourage regular and honest feedback and any stakeholders can contact us in a number of ways, via our questionnaires, verbally at face to face review or company visit and in writing via email or letter should they be dissatisfied with their training or the service that we have provided.

This policy is explained to employers / learners at induction and a contact card is provided which contains key contact information.

The Purpose of this policy

The purpose of this policy is to set out our commitment to ensure that the services we provide are of the highest quality and consistently meet the needs of our stakeholders.

NSEGTA defines a complaint as an expression of dissatisfaction which merits a response.

This policy aims to ensure that due consideration is given to: 

• all feedback received about any aspect of NSEGTA’s performance around its core purpose of providing training or a service

• that learners, employers and stakeholders are aware of how to make a complaint  

• that the policy, procedures and guidelines clearly set out the arrangements which NSEGTA has for the investigation and resolution of complaints 

• that a constructive approach is applied and maintained and that, wherever possible, there is a positive resolution to any complaint

• that mechanisms are in place to enable stakeholders to provide positive feedback /compliments, which when received are disseminated appropriately.

Principles

The general principles of this policy in relation to complaints are: 

Complaints will be handled sensitively.  Any person named in a complaint will be informed of the complaint and will have the right to reply as part of the investigation. Information contained within the complaint will be made available only to those involved in its resolution.

Except in exceptional circumstances, every attempt will be made to ensure that both the complainant and NSEGTA observe the confidential nature of issues. However, the circumstances giving rise to the complaint may be such that it might not be possible to maintain confidentiality and each complaint will be judged on its own merit. Should this be the case, the situation will be explained to the complainant and/or their representative.

Similarly, depending on the circumstances, where a complaint leads to disciplinary action against NSEGTA staff, NSEGTA may need to keep some aspects of the disciplinary action and/or outcome confidential.

Decisions made as the result of an investigation will be fair and justifiable. 

In the case of a learner who is aged below 18 raising a complaint, we may be obliged to inform their parent / guardian.

Where the same complaint is raised by a number of individuals at a similar time, this will be treated as a single complaint.  If a group of learners submit a complaint it may be appropriate to appoint one learner to act as a representative to liaise with NSEGTA.  

No apprentice / learner or stakeholder bringing a complaint under this policy, whether successfully or otherwise will be treated less favourably than if the complaint had not been made. If evidence to the contrary is found in this regard the member of staff may be subject to disciplinary proceedings under the NSEGTA policy.

All NSEGTA staff have the right not to be subjected to aggressive, offensive or abusive actions, language or behaviour, regardless of the circumstances. In these circumstances, NSEGTA will take any necessary action required to address such unacceptable behaviour, for example; terminate an abusive telephone call, decline to communicate via telephone, require that contact is made with a specific staff member only. 

Malicious Complaints 

NSEGTA may consider invoking further action in those cases where complaints are found to be malicious. A malicious complaint is defined as a complaint which is patently unsustainable, having been put forward so as to abuse the process of the complaints procedure or, for example, to attempt to defame the name or character of another person.  

Anonymous Complaints 

Complaints require investigation to enable resolution; where a complaint is made anonymously, it will not be possible to undertake such an investigation. For practical reasons, therefore, normally no action will be taken in the event of complaints made anonymously.

Scope

This policy applies to apprentices / learners, employers and all stakeholders. 

It is expected that learners will accept the responsibility for communicating any problems or concerns directly with NSEGTA.  However, we recognised that on occasions, or in certain circumstances, complainants may prefer matters to be raised on their behalf by a parent / guardian or other third party. 

Where a complaint is received in these circumstances, on behalf of a learner or individual to whom a complaint relates, NSEGTA will only accept the complaint with the written consent from the learner / individual.

Exceptional circumstances may only be made if in the interest of the learner / individual, such as where there is serious concern, safeguarding or potential welfare issue and must be approved by a Senior Manager. 

For information on rights and responsibilities with the Data Protection Act please refer to NSEGTA Data Protection Policy. 

Reviewing an Assessment Decision 

The complaints procedure should not be used to request a review of an assessment decision. Learners who feel they have suitable grounds should use the appeals procedures of the relevant awarding body

NSEGTA Employees

This policy is not intended to be used by members of staff. Staff should use the NSEGTA Grievance Policy and Procedures for employees.  Further details and advice can be obtained from the Chief Executive.

Former Learners

Complaints from former learners will be considered provided they are associated with issues relating to the training or a services received as a learner of NSEGTA and provided that the complaint is initiated within three months of them leaving. Outside of this timescale, it is at the discretion of the Chief Executive to consider the circumstance of the complaint. 

Making a Suggestion

Individuals often feel more comfortable about suggesting improvements rather than complaining formally. NSEGTA has established a number of ways of ensuring that learner and employers have the opportunity to provide feedback.   Should an apprentice / learner, employer or any stakeholder wish to make a suggestion to support continuous improvement of the training or service NSEGTA provide, can be done by contacting the Chief Executive, Paul Williams, paul@nsegta.co.uk

Roles and Responsibilities

The overall responsibility for this policy lies with the Chief Executive and is supported by the Senior Management Team (SMT).

The Head of Operations is responsible for recording the formal complaints and overseeing the complaints management system.

Responsibility of NSEGTA
NSEGTA will:

• acknowledge the formal complaint and aim to respond within two working days
• deal reasonably and sensitively with the complaint
• take action where appropriate
• welcome issues being brought to its attention to enable it to improve its training and services.

Responsibility of the Complainant
The complainant will be expected to:

• bring their complaint to NSEGTA’s attention, as quickly as practicably possible
• explain the problem as clearly and as fully as possible, including any action taken to date
• allow NSEGTA reasonable time to deal with the matter
• recognise that some circumstances may be beyond NSEGTA’s control.

No formal responses are necessarily required for compliments, unless permission is required for use for marketing purposes.

Responsibility for Action
The Chief Executive and the Head of Operations is responsible for investigating the complaint and implementing the appropriate action.  

All NSEGTA staff are responsible for the delivery of the complaints procedure. 

Implementation Arrangements

All new members of staff are made aware of the policy and procedures during the formal staff induction process and any identified training is undertaken.  

This policy is published on our website at www.nsegta.co.uk  and can be provided in alternative formats on request.

Any updates or amendments to the policy and procedures are disseminated to all NSEGTA staff along with the necessary training.  

Monitoring and Review

The Complaints and Compliments Policy is subject to regular review. This policy will be reviewed annually along with the Complaints & Appeals process and procedure.  This review will also take into account the views of our apprentices / learners, employers and other stakeholders and if deemed appropriate the necessary changes will be implemented.  

The Head of Operations will track the progress of all complaints and will submit an annual report to Senior Management Team summarising the complaints and outcomes.

Approved and signed by:

Paul Williams

Chief Executive

Reviewed 4^th January 2023

(to be reviewed January 2024)

Complaints and Appeals Procedure

1. Purpose
   

   To investigate an apprentice / learner, employer, parent or any other complaint or appeal efficiently and effectively and to implement the agreed outcome immediately.  The procedure is designed to resolve any disputes as fairly and efficiently as possible.

   This 4 stage process outlines the potential key points of the complaint / appeal process.

   The expectation is, in most cases, complaints and appeals will be resolved informally at stage 1 or formally at stage 2. If this is not achieved, then there is contingency to progress a complaint further up the hierarchical chain.

2.  Scope
   All individuals undertaking an ESFA funded programme or any other complainant.
   
   
3. Responsibilities

   NSEGTA staff are responsible for acting immediately and professionally to record a Complaint / Appeal.  It is their responsibility to escalate the Complaint / Appeal to the Chief Executive who will investigate it and agree the remedial action. 

4. References
   Complaints form
   Complaints file
   
   
5. Procedure 

   This procedure is defined under the following heading: Complaints and Appeals Procedure

Complaints and Appeals Procedure

Complaints and Appeals Process

Apprentices / Learners, employers, parents or any other Stakeholder may wish to make a complaint or appeal against a decision with regard to any aspect of the training programme and this procedure is designed to resolve any disputes as fairly and efficiently as possible.   

The apprentices / learners Complaints and Appeals procedure (as below) is discussed during the sign up / induction process with the Training Officer / Trainer and is duly signed and dated by the apprentice / learner to confirm their understanding.

I HAVE READ AND UNDERSTAND THE LEARNER COMPLAINTS AND APPEALS PROCEDURE

Learner signature…………………………………………………….. Date……………………..

Equal Opportunity and Employee Diversity Policies

Introduction

This document is a statement of the Company’s Equal Opportunity and Employee Diversity Policy. The details are below. This policy is not part of your employment contract and it is not legally binding except where it is a statement of the law. You must be aware of this policy and procedure and apply it accordingly; failure to do so may result in disciplinary action being taken against you. You should consult your manager if there is anything that is not clear to you or if you are unsure about any aspect of this policy.

You should note that failure to reasonably comply with any aspect of this policy may result in disciplinary action being taken against you, which could ultimately lead to your dismissal.  Where the breach is considered to be one of gross misconduct you may be dismissed without notice.

Policy Statement

Equal Opportunities in Employment

This Policy applies to all employees, apprentices, learners, employers, key stakeholders, suppliers and contractors.

The Company aims to be an equal opportunities employer and training provider, to act fairly and to prevent unlawful discrimination in any aspect of employment.  This policy will be considered when recruiting employees, apprentices / learners, delivering training and working with employers and apprentices.

The Company believes in valuing a diverse workforce. It is our policy to provide employment equality to all, irrespective of gender, sexual orientation, race, religion or belief, ethnic or national origins, nationality, disability, gender reassignment, religion or belief, marriage or civil partnership, pregnancy and maternity or age.  All job applicants, employees and others who work for us and apprentices / learners who undertake training with us will be treated fairly and will not be discriminated against on any of the above grounds.

The Company will not discriminate in its employment practices, including hours and place of work, recruitment, training, pay, benefits, promotion, discipline and redundancy.

In summary, the Company is committed to:

• Promoting this policy to employees, apprentices, learners and key stakeholders.
• Engaging its employees, apprentices, learners, employers and key stakeholders in implementing this policy.
• Promoting equality of opportunity for all persons.
• Promoting a working and training environment in which all persons are treated with respect.
• Preventing occurrences of unlawful direct discrimination, indirect discrimination, harassment and victimisation.
• Fulfilling all our legal obligations under the equality and diversity legislation and associated codes of practice.
• Complying with our own Equal Opportunities policy and associated policies.

The Company values all employees, apprentices, learners, employers, key stakeholders, suppliers and contractors as individuals who have their own cultures, opinions and lifestyles. This policy covers all aspects of our work with our employees, apprentices, learners, employers, key stakeholders, suppliers and contractors. With regard to employment, this specifically covers recruitment, selection, employment terms and conditions, training, development and promotion. The Company will monitor these aspects of employment to ensure that no discrimination takes place, including where it is unintentional. The Company will develop and implement policies and procedures which promote equal opportunities and freedom from discrimination within the Company.

Specifically, the Company will:

• Ensure all staff are trained in implementing this policy
• Ensure that disabled individuals have access to our employment, training, products and services, are provided with reasonable adjustments and are supported with access to information in a form that they can use.
• Promote equality of race or ethnic origin, challenge racism if it should occur and deal with any racist events quickly.
• Ensure that an individual’s religion and, where appropriate, any associated daily or weekly observances are accommodated and respected where the Company is able to do so and to respect an employee’s beliefs where expression of those beliefs does not impact on the rights of others.
• Ensure that all employees, apprentices and learners irrespective of their age are treated with respect and dignity and have equal access to employment, training and opportunities for advancement and promotion.
• Ensure all employees, apprentices and learners irrespective of gender, sexual orientation or gender reassignment are treated equally, with equality of access to all employment, training and opportunities for advancement and promotion and pay.
• Ensure that all employees, apprentices and learners who are pregnant or have recently given birth or are breastfeeding are treated equally, with dignity and respect and that their individual needs are catered for.
• Ensure that those employees, apprentices and learners who are married or in a civil partnership are treated equally and with dignity and respect.
• Ensure this Policy is reviewed annually and all staff are fully committed to support and follow this policy.
• Ensure this policy is accessible to all employees, apprentices, learners, employers and key stakeholders. This policy will be displayed on our website at nsegta.go.uk.

Employees’ responsibilities

Management, as individuals, are responsible for implementing this Equal Opportunities Policy and for ensuring, through their jobs, that there is equal opportunity for all and that there is no discrimination. As an employee at whatever level in the Company, you are responsible for complying with this Equal Opportunities Policy and are under a duty to assist the Company in every way to meet its equal opportunities obligations. You must treat all employees, apprentices, learners, employers, key stakeholders, suppliers and contractors with dignity and respect and you must not unlawfully discriminate in any activity you undertake at work or on behalf of the Company.

If you discriminate against, bully, harass or victimise any person, whether an employee, apprentice, learner, employer, key stakeholder, supplier or other person, you can be held liable and, in a serious case, you may be found guilty of a criminal offence. The Company’s Disciplinary Procedure will be implemented to investigate if you are accused of any alleged acts of discrimination, bullying, harassment or victimisation.

Apprentices, learners, employers, key stakeholders, suppliers and other individuals

The Company will not tolerate its employees, apprentices and learners being discriminated against, either directly or indirectly by its, employees, apprentices, learners, employers, key stakeholders, suppliers or other individuals who are in anyway associated with the Company. Employees, apprentices and learners must inform their manager / trainer immediately if they consider that this has occurred.

Similarly, the Company will act fairly and will not unlawful discriminate in its dealings with apprentices, learners, suppliers, employers and other key stakeholders.

Grievances

You should inform your manager immediately, and/or make a formal grievance under the Company’s Grievance Procedure, if you feel that you have been discriminated against. If your grievance involves bullying, harassment or victimisation you can choose to make a grievance under the Dignity at Work Policy.

The Company will treat your grievance seriously and, where it finds that discrimination, bullying, harassment or victimisation has taken place, attempt to resolve it in accordance with the Grievance Procedure.

If the Company finds that you were not discriminated against, you will not suffer any penalty unless it is considered that your complaint was untrue and claimed maliciously or in bad faith.

Data Protection

To operate and administrate the Equal Opportunities policy, the Company needs to collect and process personal data. This personal data will be processed in accordance with the Company’s Data Protection Policy and Employee Privacy Notice. Where it is necessary for the Company to collect and process information which is called Special Categories of personal data, such personal data will be collected in accordance with the Company’s Data Protection Policy and Employee Privacy Notice related to the processing of special categories of personal data. The Company has a legitimate interest and/or a legal obligation in processing this personal data to ensure that the Equal Opportunities policy is complied with and is correctly managed.

All personal data collected and processed by the Company is held securely and only accessed or disclosed to those individuals who require such information for the purposes for which it was collected. Any inappropriate access or disclosure of personal data is treated as a data breach. You should immediately report any such inappropriate access or disclosure to the person responsible for data protection as shown in, and in accordance with, the Company’s Data Protection Policy. Such a breach will be investigated and dealt with under the Company’s Disciplinary Policy and Procedure.

Approved and signed by:

Paul Williams

Chief Executive

Reviewed 4^th January 2023

(to be reviewed January 2024)

 This document is a statement of the relevant law where appropriate together with the Company’s policies on the subject. The Company reserves the right to amend any non-statutory parts of this policy.

This document was current as at 04/01/2023. New Employment legislation and case law means that this document could become out of date and will need reviewing and amending accordingly.

Business Continuity Plan

1. Aim of the plan

This plan has been designed to prepare North Staffordshire Engineering Group Training Association Ltd to cope with the effects of an emergency. It is intended that this document will provide the basis for a relatively quick and painless return to “business as usual” regardless of the cause.

2. Objectives of the plan

To provide a flexible response so that North Staffordshire Engineering Group Training Association Ltd can:

• Respond to a disruptive incident (incident management)
• Maintain delivery of critical activities/services during an incident (business continuity)
• Return to ‘business as usual’ (resumption and recovery)
  
  

3. Business Priorities: Critical Function
   

   Priority	Critical function	Timeframe
   1	Provision for Apprenticeships and Adult Education Training	Continue with offsite delivery, onsite delivery recovered within 2 hours
   2	Provision of Health and Safety Inspections/Training Courses	Continue with offsite delivery, onsite delivery recovered within 2 hours

4. Critical Function Analysis and Recovery Process
   

   Priority:	1	Critical function:	Provision of Apprenticeships and Adult Education  and Training
   Responsibility: (role responsible for leading on this activity, plus deputies)			Paul Williams: Chief Executive Officer Alt: Sarah Stanway – Head of Operations Alt: Shane Edwards – Head of Learning and Development
   Potential impact on organisation if interrupted:			No monthly funding income Loss of Reputation Loss of Learner Engagement Disruption to Learning – Retention/Completion
   Likelihood of interruption to organisation:			Very Unlikely Very low Risk
   Recovery timeframe: (how quickly must this be recovered to avoid lasting damage)			Off site assessment/training – no interruption On site assessment/training – recovered within 2 hours
   Resources required for recovery:
   Staff (numbers, skills, knowledge, alternative sources)			1-2 Training Officers required. All Training Officers are qualified, multi skilled and have the industry knowledge to carry out all duties associated with this function.  Operational staff are multi skilled and are able to cover the recruitment / administration duties for all departments. Should there be a loss in key staff we would still be able to function using our multi skilled staff until new staff are appointed.
   Data / systems (backup and recovery processes, staff and equipment required)			All data held on the server is backed by cloud and is securely managed offsite by our IT Support and can be recovered and restored within 2 hours. All learner, employer and key stakeholder’s data held on our Management Information System is backed up securely offsite by the service provider.  This information can be accessed remotely offsite and if necessary will be recovered / restored within 24 hours. Learner data held by the lead training provider in either a hard copy or electronically can be obtained without doubt. 1 member of staff is required to recover the data that is essential for assessment/training.
   Premises (potential relocation or work-from-home options)			Remedial Action within 2 hours – Training Officers will carry out on site assessments in companies.  We will continue to be fully functional as all staff will have access to the member companies’ premises, lead training providers premises or the option to work from home.  We have access to training rooms at member companies, lead training providers or a room will be hired locally.  All courses can be delivered online via our media suite and resources are accessible.  Learners retain their own portfolios and have access to them at all times.
   Communications (methods of contacting staff, suppliers, customers, etc)			Contact lists are backed up on the server and will be easily recovered by our IT Support. Employees use their own mobile phones for all methods of communication off site and will have access to member companies and lead training providers premises. All delivery staff have access to apprentices, learners, employers and key stakeholders contact details which are held on our MIS system.  This is securely stored offsite by our service provider Yeti. All staff are set-up remotely to work offsite and have access to emails and documentation that is held securely on our server.  This is managed offsite by our IT Provider. Also see Section 6 Contact Lists.
   Access to Apprentices			Staff have access to apprentices and employers contact details held on our secure management information system when they are on or off site. Staff will have ongoing access to apprentices at all times, online training will continue offsite with no delay and apprentices’ learning resources will still be accessible to all electronically. Workplace visits will continue with no delay with access to apprentices portfolios which are held by the apprentice in the workplace.
   Equipment (key equipment recovery or replacement processes; alternative sources; mutual aid)			All equipment is replaceable Member companies have duplicate equipment that could be utilised for training until replacement is complete. Offsite access to the server allows staff access to computer files on all IT equipment, at member companies, lead training providers, company laptops or by using home equipment.
   Transportation / Damage to vehicles of key delivery staff			Unable to carry out on site assessments or delivery of courses at companies’ premises. Remedial Action – All cars are comprehensively insured and hire cars would be made available should they be required.  NSEGTA have also invested in a media suite to deliver online courses and hold online meetings, reviews and interviews via zoom and Teams.
   Loss of Awarding Organisations (EAL)			Unable to deliver EAL accredited qualifications. Remedial Action – NSEGTA will continue to closely monitor and assess the quality of all staff and the qualifications being delivered.  External Verifiers regularly visit NSEGTA to check the quality and to ensure we meet the EAL standards.  No centre actions have been recorded for the past three years.  Regular standardisation meetings will continue to be held with all key delivery staff to ensure we continue to meet the EAL standards. Should the endeavour happen an appeal would be submitted to the awarding organisation for an instances of gross misconduct.
   Funding (withdrawn by the ESFA / lead training providers / colleges for future learner starts)			Unable to start learners on a qualification / training course due to funding constraints. Remedial Action – Head of Operations to source funding immediately from other training providers / colleges and complete their due diligence to allow the continuation of starts. If NSEGTA were no longer able to deliver apprenticeships / training we would ensure a smooth transition for both the learner and the company when transferring them to one of our lead training providers or another more suitable training provider / college.
   Supplies (processes to replace stock and key supplies required; provision in emergency pack)			No key supplies are required for NSEGTA to operate.  Key paperwork could be obtained from lead training providers, our MIS System ot IT Support – not a great need for supplies for technical reasons.
   Insolvency / Bankruptcy			Business unable to function Remedial Action – Inform Charities Commission, The Education and Skills Funding Agency (ESFA) and lead training providers.

   Priority:	2	Critical function:	Provision of Health and Safety Inspections and Training Courses
   Responsibility: (role responsible for leading on this activity, plus deputies)			Robert Williams – Health and Safety Officer Alt: Paul Williams – Chief Executive Officer
   Potential impact on organisation if interrupted:			Loss of income Loss of reputation Loss of future business Cost to business if external trainer appointed
   Likelihood of interruption to organisation:			Very unlikely Very low risk
   Recovery timeframe: (how quickly must this function be recovered to avoid lasting damage)			Offsite – no interruption Onsite – 2 hours
   Resources required for recovery:
   Staff (numbers, skills, knowledge, alternative sources)			1 member of staff required to undertake training and/or health and safety inspections
   Data / systems (backup and recovery processes, staff and equipment required)			All materials on the server are backed up in a cloud offsite by our IT Support and are in clerical format.
   Premises (potential relocation or work-from-home options)			Potential relocation to business premises or community training rooms if onsite training.
   Communications (methods of contacting staff, suppliers, customers, etc)			Contact lists are backed up on the server so can be easily recovered by our IT Support. Employees use their own mobile phones for all methods of communication off site. Also see Section 6 Contact Lists.
   Equipment (key equipment recovery or replacement processes; alternative sources; mutual aid)			No specialist equipment required – can be easily replaced or sourced via training room hire externally
   Supplies (processes to replace stock and key supplies required; provision in emergency pack)			Clerical based supplies needed only – can be replaced immediately and with minimal effort

    

5. Emergency Response Checklist
   This page should be used as a checklist during the emergency.

   Task	Completed (date, time, by)
   Actions within 24 hours:
   Start of log of actions and expenses undertaken (see section 9 Action and Expenses Log)
   Liaise with emergency services (see section 6E Contact List – Emergency Services)
   Identify and quantify any damage to the organisation, including staff, premises, equipment, data, records, etc
   Assess the key priorities for the remainder of the working day and take relevant action. Consider sending staff home, to recovery site etc
   Inform staff what is required of them
   Identify which critical functions have been disrupted (use section 3 Critical Function Checklist)
   Convene those responsible for recovering identified critical functions, and decide upon the actions to be taken, and in what time-frames (use section 4 Critical Function Analysis and Recovery Process)
   Provide information to: Staff Suppliers and customers Insurance company ESFA Lead Training Providers
   Publicise the interim arrangements for delivery of critical activities. Ensure all stakeholders are kept informed of contingency arrangements as appropriate
   Recover vital assets/equipment to enable delivery of critical activities
   Daily actions during the recovery process:
   Convene those responsible for recovery to understand progress made, obstacles encountered, and decide continuing recovery process
   Provide information to: Staff Suppliers and customers Insurance company ESFA Lead Training Providers
   Provide public information to maintain the reputation of the organisation and keep relevant authorities informed
   Following the recovery process:
   Arrange a debrief of all staff and identify any additional staff welfare needs (e.g. counselling) or rewards
   Use information gained from the debrief to review and update this business continuity management plan

Contact Lists

Staff

This section contains the contact details that are essential for continuing the operation of the organisation.

Key Suppliers Contact List

Key Customers Contact List

Utility Companies Contact List

Local Emergency Services

IT Support – On and Offsite

Insurance and Finance Companies

7. Emergency Pack Contents

As part of the recovery plan for the organisation, key documents, records and equipment are held off-site at the business premises, the Chairman of the Board.

This pack may be retrieved in an emergency to aid in the recovery process.

The contents of the emergency pack comprise the following:

Documents:

•  A copy of this plan, including key contact details
•  Insurance policy

Records:

• Financial records

Equipment:

• Spare keys
• Alarm Code
• Torch and batteries

This Business Continuity Plan is reviewed annually.

Approved and signed by:

Paul Williams

Chief Executive

Reviewed 4^th January 2024

(to be reviewed January 2025)

8. Actions and Expenses Log

This form should be used to record decisions, actions and expenses incurred in the recovery process. This will provide information for the post-recovery debriefing, and help to provide evidence of costs incurred for any claim under an insurance policy.

Health & Safety Policy

Health and Safety at Work Act 1974

Introduction

 This document is a statement of the organisation’s Health and Safety Policy. The details are below. This policy is not part of your employment contract and it is not legally binding except where it is a statement of the law. You must be aware of this policy and procedure and apply it accordingly; failure to do so may result in disciplinary action being taken against you. You should consult your manager if there is anything that is not clear to you or if you are unsure about any aspect of this policy.

Policy Statement

 The person with overall legal responsibility for health and safety is:  Paul Williams.               

Day-to-day responsibility for ensuring this policy is put into practice is delegated to:  Robert Williams.

North Staffs Engineering Group Training Association’s objective is to provide a safe, healthy and efficient place of work for its employees and training centre for their apprentices / learners and key stakeholders in its care.  This policy is therefore designed to eliminate all possible risks of injury, ill health, damage or wastage.

The company recognises its responsibilities, so far as it is within its power, to prevent injuries or damage to health, safety, and welfare of their employees, apprentices / learners and key stakeholders.  To achieve this, the active co-operation of all employees is essential.  The Consultation with Employees Regulations 1996 and the Information and Consultation Regulations 2008 requires employers to consult with employees on any matters affecting their health and safety.  We do this through Senior Management Team which meets on a regular basis and disseminates information to employees, apprentices / learners and key stakeholders as required.

Responsibilities for health and safety has been effectively assigned to management to ensure effective operations of this policy.  All employees, apprentices, learners and key stakeholder are committed to this policy.

NSEG promotes this policy to all staff and encourages apprentices, learners, employers and key stakeholders to read and understand the policy.  This policy can also be found on our website www.nsegta.co.uk.

Employees

The Health & Safety at Work Act 1974 (Section 7) and the Management of Health & Safety Regulations (Regulation 14) place a legal requirement on employees to co-operate with the employer in all matters relating to health and safety.  You will be expected to act in such a way as not to endanger your own or anyone else’s health and safety.

General

Specific areas of health and safety e.g. fire evacuation will be addressed under the appropriate section of the general policy.  Health and Safety Training will be provided to all employees including the implementation of this policy. The company will take the appropriate steps to assist in the investigation of injuries and to try and prevent any re-occurrence and will report any incident that may have or could have resulted in injury or damage RIDDOR 2013. Promotion of health and Safety at Work is a vital managerial function; failure to comply with this task will carry the same disciplinary consequences as any other management failure.

This policy is reviewed annually and amended accordingly.

The department heads will have the following responsibilities:

• Implementation of this policy in his or her own department and bringing it to the attention of all employees.
• Ensuring that all risks which are presented by the work for which they are responsible are assessed and recorded, with suitable controls implemented.
• Ensuring compliance with safety precautions that apply to his or her department.
• Ensuring that all new employees are properly inducted into the organisation, which must include an awareness of all precautions and procedures applicable to the job, and the emergency procedures.
• Ensuring that no person is permitted to work on any kind of machinery or carry out any hazardous task unless they have been properly and fully instructed to do so and are adequately trained.
• Ensuring that all staff are aware of the location of all fire-fighting equipment and alarm call points in the department and are conversant with their effective use.
• Ensuring that any legal requirements relating to the operation of the department are fully complied with, including (but not limited to):

(a) Inspection of all fire-fighting equipment

(b) Safe use of electrical equipment

(c) Maintenance of all appropriate records

(d) Necessary safety training of staff 

(e) Statutory inspections of plant and equipment

(f)  Provision of first aid equipment and trained first aiders.

(g) Accident investigation

(h) Arrangements for maintenance and cleaning

• Ensuring that any responsibilities delegated to subordinate staff are clearly identified.
• Ensuring that access to the premises by apprentices / learners, visitors or other members of the general public is strictly limited to safe areas.
• Ensuring that suitable arrangements are in place to safeguard the premises against intruders.
• Ensuring that their area of responsibility is kept in a safe state, is in good repair and is inspected on a regular basis.

Employee responsibilities for Health and Safety include the following:

• You are responsible for your own acts or omissions and the effect that these may have upon the safety of yourself or any other person.

• You must use safety equipment or clothing provided to you in a proper manner and for the purpose intended.
• You must not alter, amend or otherwise change any equipment or clothing provided to you for the purposes of health and safety.
• You must work in accordance with any health and safety procedures, instructions or training that has been given.
• You may not undertake any task for which you are not authorised to carry out and for which you are not adequately trained.
• You are required to bring to the attention of a responsible person any perceived shortcoming in our safety arrangements or any defects in work equipment.
• You are under a duty to familiarise yourself with this policy.
• You must ensure that your area of responsibility is kept in a safe state, is in good repair and is inspected on a regular basis. You are responsible for identifying and managing any Health and Safety concerns. You should report any concerns to your Head of Department / Head of Health and Safety immediately.
• If you intentionally or recklessly misuse anything supplied in the interests of health and safety you will be subject to disciplinary procedures.

Training officers and Tutors additional responsibilities for apprentices / learners: 

• Shall provide induction training for all apprentices / learners to NSEG and within their company placement, ensuring they are aware of how to and who to report an accident to. The aspects can be found in the subsection below.
• Must ensure that all employees, apprentices / learners and attendees of training courses know what to do in the case of fire/explosion or similar incident.
• Must ensure that all employees, apprentices / learners and attendees on training courses know the whereabouts of first aid facilities and names of first aiders. This will be completed on induction.
• Must ensure that adequate supervision is available at all times, particularly where young or inexperienced workers and new or expectant mothers are concerned. Seek Assistance from health and safety for additional risk assessments.
• Must investigate all accidents promptly with regard to apprentices / learners both in training at the Hanley Technical Institute and apprentices in company to discover their cause and take immediate action to eliminate a recurrence. This will be completed in conjunction with the employer.
• Must ensure all internal accident report forms are completed and filed in personnel.
• Shall ensure that all machinery and equipment in their section is properly adjusted and maintained and only used by competent personnel or under strict supervision of the tutor.
• Shall ensure that all reportable accidents that occur within their section are documented by personnel and the information is passed over to the relevant persons (organisation, ESFA and lead training provider).
• Shall ensure that all defects in their department or section are promptly reported and rectified. Where the defect involves the safety of machinery, it is immobilised until repaired.
• Shall ensure that suitable personal protective equipment is made available and used in the appropriate manner, and apprentices / learners are aware of the correct means of usage/ storage.

NSEG Health and Safety Arrangements: 

First Aiders

First aiders and persons trained in Emergency First Aid at Work (EFAW) or Appointed Persons are employed to carry out the company’s duties as identified in their risk assessments.  A fully equipped first aid box will be available at each place of work. The First Aiders are responsible of replenishing the first aid boxes. Workplaces for apprentices / learners will be assessed to ensure there are suitable means of first aid supplies and first aid persons available, this will be completed on induction of the learner.

Accidents

Accidents no matter how small, will be reported to the appropriate person and details entered in the accident book. Any injury should receive immediate first aid treatment by a first aider followed by hospital treatment if this should be necessary.  In the event of a serious injury, dangerous occurrence or occupational ill health that fall under the remit of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, the relevant enforcement authorities will be contacted by the responsible person. Should this involve a work based learner, the lead training provider will be informed.  

Accident Investigations

NSEG has a procedure in place for staff, apprentices, learners and employers to follow when reporting accidents and ill health. This procedure is discussed at induction.

Accident Investigations will be carried out by the centres competent person for health and safety as requested by the Chief Executive Officer. Serious accidents reported under RIDDOR as well as minor accidents and near misses. Reportable accidents involving apprentices / learners whether on NSEG site or in their workplace will be communicated back to NSEG CEO. The investigation report will be retained by the company for 10 years.

Welfare Facilities

Welfare Facilities will be provided by the Company in accordance with current legislation.  Thereafter, the facilities will be maintained to a good standard and kept in a clean and hygienic condition. Cleaning schedules are to be completed in rest areas where visitors to the site use. This is in accordance with the Health, Safety and Welfare regulations 1992

Housekeeping

Sites will be kept tidy and free of trip hazards.  Everyone on site will take responsibility for keeping their work area clear.

Induction training

Induction training will be carried out for all new personnel and also for existing personnel where new procedures are introduced.  This will be arranged by the Chief executive officer and include information on this policy and the employee’s responsibilities under it, the location of welfare and emergency equipment and other information as deemed necessary by the Chief executive officer. Apprentices / learners attending the site for short duration training will be provided a short presentation by the tutor highlighting evacuation points, rest areas and site requirements. Long term training program attendees will be given a more detailed induction process by the tutor using the presentation provided by the Head of Operations.

Young persons

A young person (under the age of 18) must receive a specific induction during which the dangers they may encounter and warnings about horseplay and unsafe practices must be emphasised.  There are specific restrictions on the type of work that young persons can carry out and a risk assessment must be carried out for the duties they will be expected to undertake. This is in accordance with the Management of Health and Safety Regulations, Regulation 19. Organisations receiving apprentices under the age of 18 will be asked to supply NSEG with a copy of their young person risk assessment. Should this be deemed inadequate, or should they not have one at all, NSEG reserves the right to refuse the placement of the learner.

Fire and emergency

The Company shall:

• The Responsible Person will conduct the following
  • Complete a fire risk assessment
  • Develop Fire Safety Procedures (particularly with regard to evacuation)
  • Provide appropriate levels of information, training, instruction, and supervision relevant to fire safety
  • Carry out regular fire drills.

The responsible person must also provide and maintain:

• Fire detection and alarm systems.
• Firefighting equipment.
• Emergency lighting
• Clear means of escape, that are established, always available and lead as directly as possible to a place of safety. Doors must open easily and in the direction of escape, no sliding or revolving doors. They should be adequate in size and number and provided with emergency lighting and signs
• Signs and Notices that are appropriate and which: provide:
• Provide instruction to employees and other relevant persons of the emergency procedures including fire action notices
• Indicate the position of extinguishers
• Indicate emergency routes and exits
• Training records as applicable

Any identified person who is less-abled or disabled should have a dedicated Personal Emergency Evacuation Plan (PEEP) carried out for them to identify the best action to take in the event of an emergency.

Emergency Evacuation (Basic) Procedure

In the event of the fire alarm being activated, or in any other emergency, all employees must leave the building by the nearest available exit and assemble at the designated assembly point.  The designated assembly points will be clearly identifiable (by signage at location and detailed on fire action notices) at all company locations.

Every department manager/supervisor along with trained and identified fire marshals are responsible for ensuring that the employees in their department/area are evacuated safely and that their department is empty of all personnel, at the time of evacuation. 

If an employee is missing, this should be reported immediately to the most senior responsible person available, as the time lapse before roll call may be crucial.  Special attention should be paid to any employees, visitors or contractors who are less abled or have disabilities.

Control of Substances Hazardous to Health

Materials used or stored by the company or encountered during its operations will be assessed and if there is a substantial risk to employee alternatives will be sought.  If this is not reasonably practicable then control measures will be implemented including, if appropriate, health monitoring.  No COSHH substances will be brought onto NSEG site without the knowledge of the CEO so an assessment can be made for the requirement of these substances.

PPE

Protective equipment will be provided for all employees, free of charge. Operatives must look after the equipment provided and use it in accordance with the training given, they are responsible for informing department heads if their PPE is lost or damaged so that it can be replaced. If required surveillance will be carried out on the machine/tool by a competent health survivor to access what PPE needs to be obtained. Learners of the ACE academy will purchase PPE from NSEG, the PPE will be provided to all learners on their first day of learning (if paid for) before they are allowed to enter the workshop.  PPE must be worn at all times in the workshop.

Manual Handling

Manual handling will be avoided where this is reasonably practicable but there will be many occasions when materials or equipment will be required to be moved manually.  Weights of items will be obtained and where possible lighter materials or smaller units obtained. Apprentices / learners, in particular apprentices / learners ages below 18 will not be permitted to conduct any heavy lifting while on NSEG site.

Noise

There is no area of NSEG where the noise levels reach above 80dB(A), however, these noise levels will continue to be monitored and if the legal requirements are exceeded, additional controls will be implemented.

Display Screen Equipment

Work stations will be assessed (DSE) periodically to ensure the working environment is satisfactory. DSE self-assessments are carried out on an annual basis and the results sent to our safety representative for further assessment. If workstations are altered or changed, a new assessment will be conducted by NSEG competent person.

Smoking

Smoking is not permitted in any workplace i.e.; offices, site locations, welfare facilities controlled by the company. Suitable arrangements may be made in an area which does not affect other persons; these arrangements will comply with the current legislation and be specified on site rules.

Lone working

Training officers visiting sites are required to be in frequent contact with the Head of Learning and Development. All site visits will be pre-organised by either training officers or office co-ordinators prior to visits taking place. Academy learners will be interviewed prior to their arrival, if any learner has a history of aggression and/or violence, academy tutors will be made aware and additional controls will be implemented if required. Interviews with learners should be conducted in a non-isolated area.

Training

Training will be provided for all employees to ensure they have the necessary knowledge to carry out their duties competently.  Training needs will be periodically assessed and records of training provided will be maintained. This is in accordance with the Health and Safety at Work etc. Act Section 2(2C)

Provision and Use of Work Equipment Regulations 1998

• When new plant, equipment, processes, hand tools, pneumatic tools or substances are introduced the Managing Director will ensure the necessary training is provided. They will ensure that new plant, equipment etc. is as safe as is reasonably practicable, fully efficient and tested and thoroughly examined in accordance with regulations. This will be undertaken before any work is conducted by the learner.
• Arrangements will be made to ensure that Employees are aware of any safety instructions issued with the plant, substances, equipment and processes and operatives will receive training or instruction in their operation or application.
• Plant and work equipment will be inspected, will be checked daily before the start of the shift and records deemed required through risk assessment will be kept. Records will be kept by the Ace Academy supervisor and passed to the Head of Health and Safety.

Electrical

Work must never take place of any equipment and/or services unless there are a suitable means to isolate it from all its energy sources. All work will be completed by a competent person. Fixed wiring will be examined by a NICIE approved contractor every 5 years. Portable appliance testing will be conducted on an annual basis on portable tooling and every 2 years on fixed computers.

Stress at Work

Stress is an adverse reaction people have to excessive pressure.  If stress is intense and goes on for some time it can lead to mental and physical ill health (e.g. depression, nervous breakdown, heart disease).

Security Threat

If a member of staff discovers a suspicious package or vehicle in the vicinity of the building, the following procedure should be followed:

• Do not touch it
• Move other people away from the object
• Inform the Fire Marshal

The Fire Marshal will evaluate the situation and take appropriate action.

Telephone Threat

If any member of staff is in receipt of a telephone threat they should carry out the following actions:

Obtain as much information as possible:

• Location of the security threat
• Type of threat (e.g. bomb)
• Time set for detonation

Description of explosive or container

Any information that may be of use to the Police:

• Gender of caller
• Regional Accent
• Age

Any background noises etc.

This information ideally should be written down. 

On completion of the call:

• Inform a Fire Marshal
• Limit the numbers of staff who need to be informed of this incident to a minimum

The Fire Marshal will evaluate the situation and take appropriate action

Safety Monitoring

Monitoring of the health and safety of all apprentices / learners will be conducted during every workplace visit to ensure the organisation is taking serious the health, safety and welfare of the apprentice / learner. A full risk assessment will be undertaken by NSEG before a placement is excepted. Should any failures in health and safety be assessed and deemed not to directly affect the learner’s physical safety, recommendations will be set to the organisation for better health and safety practice. If the failures are deemed to directly affect the health, safety or welfare of the apprentice / learner, the training officer must inform the relevant heads of department and chief executive officer. Full safety inspections will be completed annually. Safety monitoring must be undertaken by persons with the minimal level of safety qualification IOSH managing safely.     

Review

This policy will be reviewed annually or as often as may be appropriate to take into account changes in the law affecting the Company’s operations, or changes in the organisation and arrangements for carrying out this policy.  Any revisions found to be necessary will be communicated to all employees, apprentices, learners, employers and key stakeholder.

Data Protection

To operate and administrate the Health and Safety policy, the Company needs to collect and process personal data. This personal data will be processed in accordance with the Company’s Data Protection Policy and Employee Privacy Notice. Where it is necessary for the Company to collect and process information which is called Special Categories of personal data, such personal data will be collected in accordance with the Company’s Data Protection Policy and Employee Privacy Notice related to the processing of special categories of personal data. The Company has a legitimate interest and/or a legal obligation in processing this personal data to ensure that the Health and Safety policy is complied with and correctly managed.

All personal data collected and processed by the Company is held securely and only accessed or disclosed to those individuals who require such information for the purposes for which it was collected. Any inappropriate access or disclosure of personal data is treated as a data breach. You should immediately report any such inappropriate access or disclosure to the person responsible for data protection as shown in, and in accordance with, the Company’s Data Protection Policy. Such a breach will be investigated and dealt with under the Company’s Disciplinary Policy and Procedure.

Approved and signed by:

Paul Williams

Chief Executive

Reviewed 4^th January 2023

(to be reviewed January 2024)

This document is a statement of the relevant law where appropriate together with the Company’s policies on the subject. The Company reserves the right to amend any non-statutory parts of this policy.

This document was current as at 04/01/2023. New Employment legislation and case law means that this document could become out of date and will need reviewing and amending accordingly.