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Scrutton Bland Charity+ Insight

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Professional advice for the charity, third and voluntary sector

There should be a high degree of awareness among staff and volunteers of safeguarding issues and their own roles within the organisation for protecting people from harm.

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The importance of safe guarding In light of recent allegations of sexual abuse and misconduct which have been levelled against high profile charity and not-for-profit organisations over the last year, never has it been so important for organisations, of all sizes, to review their safeguarding policies and procedures.

What can charities, businesses and organisations do to protect their clients and themselves? Any organisation working with children, young people or adults at-risk should have a safeguarding policy and procedure in place and should review this regularly. Training and awareness amongst staff and volunteers can be the key to successful safeguarding. Not only will this help by clearly outlining what is and isn’t acceptable behaviour but it can also act as an early warning signal where staff see and report incidents before they arise. There should be a high degree of awareness among staff and volunteers of safeguarding issues and their own roles within the organisation for protecting people from harm. The Charity Commission advises that safeguarding should be a priority for all charities, not just those working with groups traditionally considered at risk. There are a wealth of sources to help charities and organisations identify and create a safeguarding policy. Successful policies should be clear, to- the-point and be a set of guidelines which everyone in your organisation can adhere to, this will give your policy integrity and most importantly could help in ensuring the safety of anyone who could be the subject of abuse. The Anne Craft Trust have some great advice on their website for drawing up a safeguarding policy: Empowerment People are supported and encouraged to make their own decisions and informs consent. Prevention It is better to take action before harm occurs. Proportionality The least intrusive response appropriate to the risk presented.

The Charity Commission recently announced the findings of it’s Task Force. The Task Force was set up in February 2018 “to explore the nature of incidents reported and the type of charity making the report, in order to inform our understanding of risks facing charities, and in turn our approach to individual case work and the provision of guidance to charities.” The findings of the report were that “Reports of serious safeguarding incidents were not always made sufficiently quickly; our guidance requires charities to report a serious incident promptly.” With the Task Force citing that they “have serious concerns about continued underreporting of serious incidents in charities.” In response, the British Government stated that it intended to support a global register of sex predators with the aim of protecting vulnerable people both in the UK and overseas. Not only is this international crisis devastating for victims, both those who are known and those who go unreported but is having an impact on charities themselves. Shirley Greer, Charity Insurance Specialist at Scrutton Bland reflects on what charities and not-for-profit organisations should be considering in order to protect themselves and their clients. Safeguarding refers to the measures and processes in place which protect the health, well-being and human rights of individuals. Safeguarding is a term which is often used in regard to children, young people and vulnerable adults who need protecting against harm and or abuse. Why is it so important to have a robust safeguarding policy? Anyone who has a position of responsibility or works with children or vulnerable adults has a duty of care to protect them. For organisations who rely on volunteers or operate with temporary or transient staff - such as charities who run overseas operations - ensuring that safeguarding procedures are being followed, can be challenging. It is an unfortunate statistic that the number of people suffering from mental health issues often associated with poverty or homelessness is rising, and therefore so are the numbers of people who can be considered vulnerable. Whilst the Charity Commission has already reported a significant increase in the number of safeguarding incidents post the Oxfam scandal, the Commission still believes that there are a large number of safeguarding incidents which are going unreported.    The rise in movements such as ‘Me Too’ and other victim empowerment and support groups has inevitably led to an increase in the number of reports of abuse, many of them historical. Whilst support for victims speaking out is something which can only be positive for society, for organisations who may have unknowingly employed or worked with the abusers, the cost of legal action and damages can be catastrophic. The Government’s report is all around ‘safeguarding’, what is safeguarding? 

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Its only a second chance if you actually stand a chance Our Charity Insurance team explain  how the charity sector can support ex-offenders. The poet Alexander Pope once said that “To err is human”. Or to put it more simply: we all make mistakes. It is part of the human condition to make mistakes from time to time, and is one of the many ways in which we learn and develop. Some of us however make graver mistakes than others, and the cold reality is that it’s not difficult to end up on the wrong side of the law if circumstances mount up against us. However it could be fair to say that western societies often don’t do as much as we could to help and support those ex-offenders who are trying to turn their lives around. On average around 42% of juvenile offenders in the UK will re-offend within 12 months of their release, which could be interpreted as meaning that almost half of convicted juveniles are actually career criminals in the making. Or could it mean that society actually puts up barrier after barrier to prevent reintegration into society? We all know that finding employment can be a challenge for ex- offenders. It can be difficult for those looking to make a fresh start to find accommodation, many ex-offenders don’t have family that they can return to, and landlords are reluctant to take them on as tenants. But the problems don’t just stop there. Financial support is negligent. And the local community can be less than welcoming. In very many ways reintegration is a constant uphill battle, so is it any wonder that many ex-offenders succumb to the temptation of drugs, or the ease of slipping back into the criminal lifestyle they know? Media reports all say that the UK criminal justice system is at financial breaking point, our prisons are overcrowded and living conditions can be poor. But investing time into helping ex-offenders would help relieve the strain, reduce crime rates, help improve local communities and most importantly help people become a valuable member of our society.

Protection Support and representation for those in greatest need. Partnership Services offer local solutions through working closely with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse. So, once you have a solid safeguarding policy, trained your staff and put reporting procedures in place what should you consider next? According to Shirley, under insurance is a big issue in the third sector and particularly for Abuse Insurance Cover. Insurance against the impact of Abuse Cover can provide protection against the costs resulting from legal defence fees and compensation payments in the event of an abuse allegation or claim of negligence. However, like all polices there can be restrictions and conditions such as ensuring that you have a robust safeguarding policy in place and that it is reviewed annually. Shirley’s advice is to consult with a specialist insurance and risk management adviser if you are looking to find protection for your organisation. Scrutton Bland have over a decade in providing leading cover for charities and organisations operating in the third sector. To find out more contact our specialist third sector team by calling 0330 058 6559 or emailing [email protected] Accountability Accountability and transparency in delivering safeguarding.

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Misunderstood and Undervalued? Health and Safety from an Internal Audit Perspective

How can charities help? There are some charities whose mandate is to give ex-offenders a second chance. But many other charities can do their part by taking them on as employees or even as unpaid volunteers. A charity can give an ex-offender work experience and be the first link in the employment chain, and a positive reference provided by that charity could provide the opportunity for their next employer to take that leap of faith. More than that, if you invest time with ex-offenders and help them to believe in themselves, you may find them to be more hard working and determined than any other member of staff. After all they have more to prove and you’re giving them the incentive to do it… But what about the risk? Putting faith in anyone can present a risk, regardless of whether they’re an ex-offender or not. By carrying out risk assessments and putting a robust safeguarding policy in place you can ensure your charity is risk adverse and may prevent certain problems from occurring. If you need any advice about making sure you have an adequate safeguarding policy, or on any aspect of charity or not-for-profit insurance, please get in touch with one of Scrutton Bland’s charity executives who have extensive experience and knowledge of this sector. Do you talk about fraud? Here are 10 questions all charity trustees & managers should ask  Do we: Know about our responsibility to protect funds? Have a fraud, bribery and corruption policy? Understand our financial systems and the >Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8

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