GDPR Policy
Introduction
This is North Staffordshire Engineering Group Training Association Limited’s policy to conform with GDPR 2018.
We are a training provider that delivers a unique experience to 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:
We respect your privacy and are committed to protecting your 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, an apprentice or training course attendee, an employer representative or even if you are just visiting our 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.
Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how North Staffordshire Engineering Group Training Association Ltd collects and processes your personal data through your use of our website and our wider engagement with you, including any data you may provide through our website and 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 are:
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 2021.
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 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 Dara 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. Most commonly, we will use your personal data in the following circumstances:
- 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.
We strive to provide you with choices regarding marketing and advertising.
Promotional offers from us
We may use you 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 partied set out below for the purposes set out in the table previously stated.
External third parties
Educational establishments
Funding bodies including ESFA
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 European Economic Area (EEA) or UK.
Data security
We have put in place appropriate security 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
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 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:
- If you want us to establish the datas accuracy
- Where our use of the data is unlawful but you do not want us to erase it
- 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
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
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.
Paul Williams
Chief Executive
4th January 2021
(to be reviewed January 2022)
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Safeguarding Policy
Policy Statement
NSEGTA is committed to promoting the welfare of children and vulnerable adults as defined in the Children’s Act 1989 and the Protection of Vulnerable Adults Scheme 2004. It is the duty of all staff members to play an active role in ensuring this.
All staff members are expected to be aware of their duty to report concerns, the guidance for identifying child abuse, what to do if a child makes an allegation of child abuse and issues about confidentiality.
NSEGTA is committed to the government national framework for change outlined in Every Child Matters:
Change for Children.
- PRINCIPALS
NSEGTA Safeguarding policy and procedure is based on the following principles:
- An ethos that promotes a positive, supportive and secure environment where learners feel valued.
- Liaison with other agencies that support learners, such as social/children’s services
- All allegations and suspicions of abuse taken seriously, and responded to swiftly and appropriately.
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
- Raising awareness of child protection issues amongst staff
- Developing and implementing procedures for identifying and reporting cases or suspected cases of child abuse
- Supporting the young person who has been abused
- Establishing a safe environment in which young people 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
- FORMS OF ABUSE:
The Children Act 1989/2004 defines four types of abuse: physical, emotional, sexual and neglect.
Physical Abuse:
Physical abuse may take many forms e.g. hitting, shaking, throwing, poisoning, burning or scalding, drowning or suffocating. It may also be caused when a parent or carer feigns the symptoms of, or deliberately causes, ill health to a child or vulnerable adult. This unusual and potentially dangerous form of abuse is now described as fabricated or induced illness.Emotional Abuse:
Emotional abuse is persistent emotional ill treatment causing severe and persistent effects on the child or vulnerable adult’s emotional development and 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
- Imposing developmentally inapposite expectations
- Causing the child or vulnerable adult to feel frightened or in danger – e.g. witnessing domestic violence
- Exploitation or corruption of children of vulnerable adults
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 or vulnerable adult to take part in sexual activities, whether or not they are aware of what is happening and includes penetrative (i.e. vaginal or anal rape or buggery) and non-penetrative acts.
It may also include non-contact activities, such as looking at, or being involved in the production of pornographic materials, watching sexual activities or encouraging children or vulnerable adults to behave in sexually inappropriate ways.
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. Refer to Appendix 1 – Sexual violence and sexual harassment between children and vulnerable adults.
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.
Neglect:
Neglect involves the persistent failure to meet basic physical and/or psychological needs, likely to result in serious impairment of the child or vulnerable adult’s health and development. This may involve failure to provide adequate food, shelter or clothing, failure to protect from physical harm or danger or failure to ensure access to appropriate medical care or treatment. It may also include neglect of basic emotional needs.
Child Criminal Exploitation: County Lines
County lines is the police term for urban gangs supplying drugs to suburban areas and market and coastal towns using dedicated mobile phone lines or “deal lines”. It involves child criminal exploitation (CCE) as gangs use children and vulnerable people to move drugs and money.
Gangs establish a base in the market/suburban location, typically by taking over the homes of local vulnerable adults by force or coercion in a practice referred to as ‘cuckooing’. County lines is a major, cross-cutting issue involving drugs, violence, gangs, safeguarding, criminal and sexual exploitation, modern slavery, and missing persons.
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.
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 training is available for all staff
- Ensuring there is a clear response to concerns, including referral to Channel
- Developing an awareness of prevent in NSEGTA
Please refer to NSEGTA’s Prevent Policy for further information on protecting children and vulnerable adults at risk of radicalisation.
- DUTY TO REPORT:
All members of the staff at NSEGTA are responsible for safeguarding and promoting the welfare of children and vulnerable adults.
All Staff:
All staff that come into contact with children or vulnerable adults in their everyday work has a duty of safeguard and promote the welfare of children and vulnerable adults. Staff are trained to understand their responsibilities. Failure to comply with their responsibilities will be seen as a serious matter which may lead to disciplinary action. Staff are expected to:
- Attend safeguarding training as required (every two years as a minimum)
- Familiarise themselves with the Safeguarding Policy and associated procedures
- Safeguard and promote the welfare of children and vulnerable adults
- Alert the Designated Safeguarding Officer if they have concerns about a child or vulnerable adult.
NSEGTA Designated Safeguarding Officers (DSO)
Paul Williams, Chief Executive Officer (CEO), is the Designated Safeguarding Officer responsible for safeguarding children and vulnerable adults and acting on safeguarding issues and reporting issues to external agencies.
Daniel Rowley, Head of Learning and Development, is the Deputy Safeguarding Officer responsible for safeguarding children and vulnerable adults and acting on and reporting safeguarding issues to the CEO or relevant external agencies.
Local Authority Designated Safeguarding Officer:
Steward Bray, Stoke on Trent City Council – Children’s Services – Tel 01782 235100
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 are responsible for referring individuals to external agencies such as the Stoke on Trent Safeguarding Children Board (SCB) Referral Team, Tel 01782 235100 (office hours) or 01782 234234 (out of office hours), Social Services or the Police.
The DSO’s attend regular safeguarding training (every two years as a minimum) including Multi-Agency Level 2 working together to safeguard children and Designated Safeguarding Officer Training.
Other aspects of their role include:
- Obtaining information from staff, volunteers, children, parents, carers who have concerns relating to the protection of children or vulnerable adults, 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 learners receive an induction / induction booklet prior to starting on programme and are provided the contact details of the Designated Safeguarding Officers.
- Ensuring NSEGTA Safeguarding Policy and Procedures are reviewed annually and are fully implemented and followed by all staff.
- Ensuring that all staff receive appropriate training in child / adult protection issues and are aware of the organisation’s child / adult protection procedures.
- Ensuring that staff make all learners aware of NSEGTA’s Safeguarding Policy and the process for reporting an incident.
- 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 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 and vulnerable adults.
- 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 and vulnerable adults are safe whilst visiting NSEGTA.
Confidentiality:
Staff should never give absolute guarantees of confidentiality to children and vulnerable adults 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/vulnerable adult.
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 Designated Safeguarding Officers, but who are approached with concerns about a child or vulnerable adult, must bring the concerns raised to the attention of one of the Designated Safeguarding Officers immediately. 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 Designated Safeguarding Officers will develop effective links with relevant agencies and co-operate as required with any enquiries regarding child or vulnerable adult protection matters, including attendance at case conferences.
If an allegation reported is of a student abusing another student then the accused student will be suspended pending investigations by 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 or vulnerable adult, 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 Designated Safeguarding Officers, it should be reported to the Chairman.
Where there is a complaint against a member of staff there may also be criminal (police) investigations and/or a child/vulnerable adults protection investigation carried out by Social Services.
All allegations that are made against a member of staff must be reported to the Local Authority Designated Officer (LADO). Steward Bray, Stoke on Trent City Council – Children’s Services – Tel 01782 235100
Reporting cases to the Independent Safeguarding Authority:
NSEGTA has 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 vulnerable adults, or may have committed misconduct. The responsibility for reporting cases to the ISA lies with the Directors.
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 and vulnerable adults. 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 or vulnerable adults 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 work based learning 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 Centre Manager.
On appointment all staff receive a full induction to NSEGTA to include staff code of conduct, safeguarding / prevent training, any other training that may be identified. All staff are encouraged to undertake CPD to update their skills and knowledge.
VETTING AND BARRING SCHEME
The Vetting and Barring Scheme is a new system recently introduced, so it may be subject to change and modification. 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.
Where this is the case, staff will be legally required to register with the Vetting and Barring Scheme (VBS) which is administrated by the Independent Safeguarding Authority (ISA). The ISA has recently been established as a single agency to monitor all individuals who want to work or volunteer with vulnerable people. Registration with the scheme will cost £64 (as of April 2009) and is a one-off payment which will cover both the cost of registration and a Criminal Records Bureau (CRB) check.
Following successful registration, you will be issued with an ISA Registration number which will stay with you for the rest of your career.
NSEGTA is committed to safeguarding children and vulnerable adults. From July 2010, all NEW STAFF working with children or vulnerable adults will be required to register with the Governments Vetting and Barring Scheme and be assessed by the Independent Safeguarding Authority prior to commencement of employment. Further information will be sent to all prospective staff as part of the application process.
- 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
- 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
Paul Williams
Chief Executive
4th January 2021
(to be reviewed January 2022)
Addendum:
Primes to be made aware of any incidents.
Appendix 1
Sexual violence and sexual harassment between children and vulnerable adults
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 students 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:
o assumptions that indicators of possible abuse such as behaviour, mood and injury relate to the child’s disability without further exploration.
o 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).
- 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.
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.
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 begiven 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 principlesremain 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 sharingand 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:
o parents or carers should normally be informed (unless this would put the victim at greater risk). o 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.
o rape, assault by penetration and sexual assaults are crimes. Where a report of rape, assaultby 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:
o the victim, especially their protection and support o the alleged perpetrator
o all the other children (and, if appropriate, adult students and staff), especially any actions that are appropriate to protect themRisk 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 students 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 students 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 students 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 willbe 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 actionsare 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:
- Manage internally
- Early help
- Referrals to children’s social care
- 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:
- Safeguarding and supporting the victim
- Safeguarding and supporting the alleged perpetrator
- Discipline and the alleged perpetrator
- Working with parents and carers
- 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.
Paul Williams
Chief Executive Officer
4th January 2021
(to be reviewed January 2022)
Prevent Policy
- Summary
1.1 North Staffordshire Engineering Group Training Association (NSEGTA) has a number of key obligations laid out in law. They have always included the necessity of reporting criminal activity to the police. NSEGTA now also has an obligation to comply with the Government’s Prevent Duty. NSEGTA acknowledges that a training organisation also has an obligation to promote freedom of speech. This policy will balance NSEGTA’s commitment to free speech and debate and the requirement for a Prevent Duty. To ensure compliance with this policy, NSEGTA has appointed a Prevent Officer (Paul Williams) and a Deputy Prevent Officer (Daniel Rowley).
- Context and Legal Requirements
2.1 NSEGTA’s policy will be consistent with the full Prevent Strategy outlined here:
https://www.gov.uk/government/publications/prevent-duty-guidance
2.2 The full CONTEST strategy outlined by the Government can be found here:
https://www.gov.uk/government/publications/counter-terrorism-strategy-contest
2.2.1 As part of the CONTEST strategy, Prevent aims to
- Respond to the ideological challenge of terrorism and the threat faced by the UK from those who promote it
- Prevent people from being drawn into terrorism and ensure they are given appropriate advice and support
- Work with a wide range of sectors (including education, criminal justice, faith, charities, the internet and health) where there are risks of radicalisation which need to be addressed
2.3 Definitions
2.3.1 NSEGTA will follow relevant definitions laid out in the law of England and Wales and Government Policy.
2.3.2 Terrorism is defined in the Terrorism Act 2000 as: the use or threat which: involves serious violence against a person; involves serious damage to property; endangers a person’s life (other than that of the person committing the act); creates a serious risk to the health or safety of the public or section of the public; or is designed seriously to interfere with or seriously to disrupt an electronic system. The use or threat of such action must be designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public and be undertaken for the purpose of advancing a political, religious, racial or ideological cause.
2.3.3 Extremism is defined in the Prevent Strategy as: vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual Prevent Policy – Version February 2016 3 NSEGTA respect and tolerance of different faiths and beliefs. We also include in our definition of extremism calls for the death of members of our armed forces.
2.3.4 Violent extremism defined in the Prevent Strategy as: the endorsement of violence to achieve extreme ends.
2.3.5 Radicalisation is defined in the Prevent Strategy as: the process by which a person comes to support terrorism and forms of extremism leading to terrorism.
2.3.6 The Channel process is a programme 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. More information about Channel can
be found here –https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/425189/Channel_Du
2.2.7 NSEGTA is a training provider requiring a Prevent Policy.
2.3 NSEGTA will continue to work with a range of external organisations. In relation to this policy these will include, but not be limited to: HEFCE, QAA, Local authorities, BIS, the Police and security services, NUS training providers and specialist external advisers. NSEGTA will also work with the Regional Prevent Coordinator.
2.4 Encouragement of terrorism and supporting of proscribed terrorist organisations are criminal offences. Training providers must not provide a platform for these offences to be committed. This means that events must not be held on the premises unless NSEGTA can guarantee that extremist views will be challenged as part of the same event. There must be mechanisms put in place to assess and rate the risks associated with any events planned on the premises or that are affiliated with, funded by or branded as NSEGTA. There must be clear guidance as to when an event can proceed and what action may take place to mitigate any risk relating to the remit of this policy.
2.5 NSEGTA will have a risk based approach to preventing terrorism. To comply with the Prevent duty, NSEGTA must have procedures and policies in place which match the expectations set out by the Government. These policies must apply to all staff, students and visitors. There must also be policies and procedures in place for the management of all events on NSEGTA premises.
2.6 NSEGTA has policies relating to the use of their IT equipment which include specific reference to the statutory duty.
2.8 NSEGTA will set out what is expected from the Students in relation to the Prevent duty.
3 Possible Signs of Radicalisation
3.1 The Government does not specify what the signs of radicalisation are; it is likely that the most obvious sign of radicalisation will be extreme change in behaviour and this will vary from case to case. Below is a short list of the possible indicators for Training providers to look out for.
This list is not exhaustive:
- Changes in ideology or faith
- Narrowing of political views
- Adoption of “Them” and “Us” mentality
- Isolation from friends and family
- Fervent public expression of strong anger or grievance about perceived injustice.
- Attendance at certain rallies or meetings
3.2 The following NSEGTA policies may help staff to identify any relevant changes in behaviour.
- NSEGTA Welfare Policy
- NSEGTA Attendance Policy
- NSEGTA Complaints Policy
- NSEGTA equal opportunities policy
3.2 These policies are available on the NSEGTA shared documentation system.
4 Implementation of the Prevent Duty
4.1 Speakers and Events
NSEGTA holds events, meetings and lectures which may be led by an external speaker. A member of NSEGTA staff will be in attendance at these meetings. Any student who wishes to host an event at NSEGTA must complete a form stating the details of the event. Students are asked to provide the following details:
- The speakers details
- The member of staff on duty
4.1.2 Students are also informed that they must include Question and Answer time during the session and that they must take attendance at the event. Before confirming an event, Student Support will conduct a search on the speaker to minimise the risk of hosting an extreme speaker. Student Support will reject any request to host an event during which they feel they cannot safeguard the students.
4.2 Internet Access
NSEGTA has implemented changes to its firewall. Sites which fall under a category in the following list are not accessible to anyone on the NSEGTA network.
- Violence/Hate/Racism
- Weapons
- Illegal Skill/Questionable Skills
- Hacking/Proxy Avoidance Systems
Anyone needing to use a blocked website for academic purposes should contact the Chief Executive.
4.3 Student Welfare
Teaching and Student Support staff will consider the NSEGTA’s Prevent obligations alongside other welfare duties in the normal course of the teaching programmes. NSEGTA students have monthly visits from training staff. Any concerning behaviour may be picked up during this time.
Students are also provided with a personal assessor and are encouraged to use them as a point of contact if they have any welfare concerns. Attendance is strictly monitored and registers are taken at every IEA event. Any student who misses a certain number of events is given the opportunity to attend a meeting with the head of learning and development. During this meeting, students and staff may express any concerns they have. NSEGTA is an open office and encourages students and staff to drop in to communicate any worries they have on an ad hoc basis. Students are also encouraged to book meetings with assessors to discuss any issues they are having.
4.4 Training
Training will be given to members of staff who have a direct relationship with students. This means that Student Support, and assessors receive training in the first instance. The Workshop to Raise Awareness of Prevent (WRAP) should be undertaken by the people listed above. Further training can be given to anyone who may need it. This training will help members of NSEGTA understand the behaviours outlined in 3.1 and the context in which these behaviours may occur.
5 Escalation if a student or staff member show signs of radicalised behaviour
5.1 Any member of NSEGTA (student or staff member) may express concerns about any member of NSEGTA (student or staff member) potentially being drawn into violent extremism based on information received or behaviour observed. Prevent Policy – Version February 2016 6
5.2 Within NSEGTA there are already mechanisms for counselling, guidance and pastoral care. These are set out in the policies referenced in section 3. Changes in behaviour are likely to be identified using the current processes and staff will be able to respond appropriately.
5.3 There may be circumstances where NSEGTA identifies someone who is in need of intervention under the terms of this policy. If this happens, the following steps will be followed.
5.3.1 If a student or member of staff is worried that a student is becoming radicalised or is radicalising others, this must be reported to NSEGTA staff. Staff will pass this on to the Deputy Prevent Officer if appropriate. The Deputy Prevent Officer and/ or the Prevent Officer will investigate the matter.
5.3.2 If a student or member of staff is worried that a member of staff is becoming radicalised or is radicalising others, this must be reported to the chief executive. They will pass this on to the Deputy Prevent Officer if appropriate. The Deputy Prevent Officer and / or the Prevent Officer will investigate the matter.
5.4 A decision will be made as to the seriousness of the case. Four potential outcomes are likely at this stage:
5.4.1 The Prevent Officer, the relevant Heads of Faculty, Personal Tutor (students only), the Student Wellbeing Coordinator (students only), the Registrar (students only), the HR Manager (staff only), the COO (staff only) and the Master will be informed where relevant.
5.4.2 There is substance to the case but at this stage only internal action is required. The exact nature of the intervention required will be determined by discussion between the Deputy Prevent Officer, the Prevent Officer, Actions and a review date will be agreed. This will be recorded in on the learner file. Chief executive will be informed where relevant. At the review, the case will be assessed again and the appropriate actions taken.
5.4.3 NSEGTA may choose to refer the person to the Channel process as an action point. This is a voluntary safeguarding process. Should NSEGTA refer someone to the Channel process, the Deputy Prevent Officer or the Prevent Officer will attend the relevant meetings.
5.4.4 A referral to the police is required because there are serious and immediate safety issues to the student, staff member or others, and/or there is evidence to suggest a criminal act may be committed or has been committed. This decision will only be taken in the most serious circumstances and only following discussions between the Deputy Prevent Officer, the Prevent Officer and the Master.
5.5 If concerns are raised about any of the members of staff involved in the above process, they will be excluded from it.
5.6 NSEGTA will handle personal data in accordance with the Data Protection Act (1998) and the specific requirements relating to Prevent as prescribed by Law.
5.7 Contact with the Regional Prevent Coordinator is the responsibility of the Prevent Officer and Deputy Prevent Officer. The Prevent Officer and Deputy Prevent Officer will be responsible for coordination with relevant bodies in the event of NSEGTA having concerns.
5.8 The Prevent Officer and/ or Deputy Prevent Officer will also:
- Attend any training or conferences required to keep up to date on Prevent matters
- Meet regularly to discuss any matters arising
- Keep the Prevent Policy up to date
- Liaise with the relevant monitoring bodies
Paul Williams
Chief Executive
4th January 2021
(To be reviewed January 2022)
Addendum:
Primes to be made aware of any incidents.
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; 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 to any complaints. We encourage any stakeholder to contact us if they are dissatisfied with their training or the service we have provided.
We also welcome the positive / complimentary feedback, particularly relating to our staff or the training and services that we provide, we would like to hear about it.
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, NSEGTA 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 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 all learners and 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 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.
The policy is published on our Website 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 learners and 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.
Paul Williams
Chief Executive
4th January 2021
(to be reviewed January 2022)
Complaints and Appeals Procedure
- Purpose
To investigate a learner, employer, parent or any other complaint efficiently and effectively and to implement the agreed outcome immediately.
- Scope
All individuals undertaking an ESFA funded programme or any other complainant.
- 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.
- References
- Complaints form
- Complaints file
- Procedure
This procedure is defined under the following heading:
Learner Complaints and Appeals Procedure
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Complaints and Appeals Procedure
Complaints and Appeals Process
Learners, employers, parents or any other person 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 learners Complaints and Appeals procedure (as below) is discussed during the sign up / induction process with NSEGTA Assessors / Trainers and is duly signed and dated by the 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, learners, customers, 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.
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 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 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, learners, customers, suppliers and contractors as individuals who have their own cultures, opinions and lifestyles. This policy covers all aspects of our work with our employees, learners, customers, 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 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 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, 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 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 who are married or in a civil partnership are treated equally and with dignity
and respect.
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, learners, customers, 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, learner, customer,
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.
Learners, suppliers, customers and other individuals
The Company will not tolerate its employees being discriminated against, either directly or indirectly by its,learners, suppliers, customers, or other people who are in anyway associated with the Company. Employees
must inform their manager immediately if they consider that this has occurred.
Similarly, the Company will act fairly and will not unlawful discriminate in its dealings with its learners, suppliers,
customers and other 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.
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 25/08/2021. New Employment legislation and case law means that this document could become out of date and will need reviewing and amending accordingly.