THE VIRGIN MONEY FOUNDATION ("the Foundation/us/we")
1. OUR COMMITMENT TO SAFEGUARDING
1.1 We are committed to supporting individuals and organisations to bring change in their own local community and, through our grant-making, in particular, we have a strong commitment to protect those most at risk.
1.2 Our trustees have a legal duty to act prudently which means that they must take all reasonable steps within their power to ensure that those benefiting from our funding are not harmed. This is particularly important where beneficiaries are children and young people under 18 years of age, or vulnerable adults in receipt of Regulated Activities ("vulnerable groups").
1.3 We recognise that some organisations that we fund do come into contact with, work with or provide activities for vulnerable groups. Your organisation may also be carrying out Regulated Activities.
1.4 This policy applies to, and must be followed, by each of our grant recipients who work with vulnerable groups (you).
2. YOUR COMMITMENT TO SAFEGUARDING
2.1 We expect you to:
2.1.1 Ensure that all vulnerable groups have the same protection regardless of age, disability, gender, racial heritage, religious belief, sexual orientation or identity.
2.1.2 Comply, where appropriate, with the government inter-agency statutory guidance Working together to safeguard children (as may be replaced or updated from time to time) unless exceptional circumstances arise.
2.1.3 Have a named person with a clearly defined role and responsibilities in relation to child protection, appropriate to the level at which s/he operates.
2.1.4 Have relevant safeguarding policies in place which are robustly enforced and reviewed biennially or when relevant changes to legislation occur (whichever is earlier).
2.1.5 Provide your staff with training on your safeguarding policy as part of their induction, and to receive refresher training on the policy shortly after the policy is next reviewed and updated.
2.1.6 Demonstrate a commitment to safe recruitment, selection and vetting. For example:
(a) Where you are working with vulnerable groups in the UK:
(i) You must ensure that all individuals employed or engaged to work in regulated activities are subject to a valid enhanced disclosure check for regulated activity undertaken through the Disclosure and Barring Service (or its successor body); it is a criminal offence for you to permit a person to engage in regulated activity if you know or have reason to believe that person is barred.
(ii) Where it is not possible to request a DBS check (e.g. because the individual is a non UK national), then you must use all reasonable endeavours to obtain a ‘Certificate of Good Conduct’ from the relevant country's police force.
(iii) You must monitor the level and validity of the checks carried out for each member of staff.
(b) Where you are a charity and are looking to recruit a trustee:
(i) You must comply with the Charity Commission's guidance, Finding new trustees (CC30) (as may be replaced or updated from time to time) in relation to the checks and safeguards that must be in place when recruiting trustees (assuming that you are a charity).
2.1.7 Have in place systems to ensure that all staff working with vulnerable groups are monitored and supervised and that they have opportunities to learn about child protection and other issues relevant to their roles and responsibilities.
2.1.8 Have a clear process for recording incidents, concerns and referrals, and dealing with those.
2.1.9 Inform the Foundation of significant safeguarding concerns or incidents that take place within your organisation within three working days.
2.1.10 Have clear guidance on confidentiality and information sharing.
2.1.11 Have in place a code of behaviour for staff, with the consequences of breaching the code clearly linked to disciplinary and grievance procedures and/or termination of their contract.
3. DEALING WITH BREACHES OF THIS POLICY
3.1 We reserve the right, at any time, to request evidence from you of your compliance with the law, this policy and good safeguarding practice. If we do not receive that evidence within a reasonable timeframe, or we are not satisfied with the evidence that we have received, we may:
3.1.1 Where we are concerned about something, report you to the relevant authorities, where considered appropriate.
3.1.2 Take such action as is necessary to recover any funds given to you (including legal action).
3.1.3 Withdraw any future funding committed to you.
4.1 For the purpose of this policy, the following definitions apply:
4.1.1 'Regulated activities' are those activities as defined in The Safeguarding Vulnerable Groups Act 2006 (as amended or replaced from time to time) i.e. those activities which, if any adult requires them, will mean that the adult will be considered vulnerable at that particular time. These activities are: the provision of healthcare, personal care, and/ or social work; assistance with general household matters and/or in the conduct of the adult’s own affairs; and/or an adult who is conveyed to, from, or between places, where they receive healthcare, relevant personal care or social work because of their age, illness or disability.
4.1.2 'Staff' includes trustees, directors, senior management, consultants, contractors, employees, volunteers, and workers.
5. REVIEW OF THIS POLICY
5.1 This policy will be reviewed on a biennially to ensure that its provisions continue to meet our legal obligations and reflect best practice.