Read our Safeguarding Policy in full below
Merlin’s Magic Wand (MMW) is committed to delivering magical experiences to children through its 3 programmes – Magical Days Out, Merlin’s Magic Spaces and Magic on Tour.
Given our commitment to health, safety and welfare we make sure that our beneficiaries can enjoy themselves in safe and secure environments and are not harmed in any way through contact with MMW, taking all reasonable and practical steps to ensure that this is the case.
All volunteers and employees are expected to abide by both our MMW Safeguarding Policy and our MMW Code of Conduct at all times when engaging in any activities associated with MMW.
The welfare of a child is paramount and all have a right to equal protection from all types of harm or abuse.
The best interests of the child are paramount in all considerations about their welfare and protection, including when to maintain confidentiality and when to share information.
Safeguarding is everyone’s responsibility and everyone has a role to play in safeguarding children.
Concerns or allegations that guests, volunteers or employees have abused or neglected a child should be managed sensitively and fairly in accordance with this policy, relevant legislation and guidance.
Working together with children, their parents and authorities are essential in promoting the welfare and ensuring the protection of children at risk. In some limited circumstances, it will not be appropriate to engage with parents in order to protect a child at risk.
As part of working together, MMW expects the relevant authorities to act on our concerns. We will escalate our concerns, if necessary, in our efforts to be satisfied that our concern has been taken seriously and the child at risk has been protected.
POLICY STATEMENT
Merlin’s Magic Wand (MMW) is committed to delivering magical experiences to children who need them most through its 3 core programmes – Magical Days Out, Merlin’s Magic Spaces and Magic on Tour.
Given our commitment to health, safety and welfare we must ensure that our beneficiaries can enjoy themselves in safe and secure environments and are not harmed in any way through contact with MMW. We must take all reasonable and practical steps to ensure that this is the case.
Having safeguards in place not only protects and promotes the welfare of children and vulnerable persons but also enhances the confidence of trustees, staff, volunteers, parents and the general public.
MMW believes that: The welfare of a child is paramount and all have a right to equal protection from all types of harm or abuse.
The best interests of the child are paramount in all considerations about their welfare and protection,
including when to maintain confidentiality and when to share information.
Safeguarding is everyone’s responsibility and everyone has a role to play in safeguarding children.
Concerns or allegations that employees have abused or neglected a child will be managed sensitively and
fairly in accordance with this policy, relevant legislation and guidance.
Working together with children, their parents and authorities are essential in promoting the welfare and ensuring the protection of children at risk. In some limited circumstances, it will not be appropriate to engage with parents in order to protect a child at risk.
As part of working together, MMW expects the relevant authorities to act on our concerns. We will escalate
our concerns, if necessary, in our efforts to be satisfied that our concern has been taken seriously and the
child at risk has been protected.
2. DEFINITIONS
A child - As stated in the Children Acts 1989 and 2004, a child is anyone who has not yet reached their 18th birthday. In this document ‘children’ is taken to include young people up to 18 and includes any child or vulnerable person benefiting from a service or activity provided by MMW.
Business Partners – means any third party that MMW works with who comes into contact with children during the course of the relationship with MMW.
Safeguarding is defined in ‘Working together to safeguard children 2015’, issued by HM Government as:
protecting children from maltreatment
preventing impairment of health and/or development
ensuring that children grow up in circumstances consistent with the provision of safe and effective care and
taking action to enable all children to have the best outcomes
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Employees mean employees of any entity within the Merlin Entertainments Group
Parent/(s) means any parent, guardian or carer
3. PURPOSE AND SCOPE
The policy is essential because it provides a clear process for employees, business partners, volunteers or parents. This ensures everyone is clear about roles, responsibilities and expectations to protect children at risk from harm. This document applies to all activities and services offered by MMW.
4. APPLICATION OF THE POLICY
This policy applies to all employees, business partners, volunteers and parents.
The work carried out by MMW is diverse and involves working with multiple parties. Our business partners, team member and volunteers should adhere to this safeguarding policy at all times and where relevant when working with business partners any of their equivalent policies, should also be followed.
We require that our business partners, (when in contact with children) share our commitment to safeguarding. We will expect them to demonstrate this to us by having their own safeguarding policy and procedures in place that are ‘fit for purpose’ before any partnership agreement is agreed upon and continued. If the business partner does not have their own safeguarding policy the business partner must agree to adhere to the MMW policy.
In addition to this policy, when MMW beneficiaries visit a Merlin Entertainments Group attraction, the Merlin Group’s Protection of Children policy will also apply. In all cases, the age definition within the MMW policy will supersede the age definition of the Merlin Group’s Protection of Children Policy.
Employees and volunteers are subject to the MMW Code of Conduct – refer to section 10 and appendix 5.
COMMUNICATION OF THE POLICY
To ensure the successful implementation of this policy it is essential that MMW communicate to staff, volunteers, business partners, children and their parents our commitment to safeguarding.
Access to the policy is available via the MMW website. This ensures people have access to this information and are able to understand both how the policy will be implemented and the process they should follow should an issue arise.
6. MONITORING AND REVIEW
The implementation of procedures will be regularly monitored and reviewed.
The policy will be reviewed every year or whenever there is a major change in the organisation or in relevant
legislation and/or good practice guidelines. As MMW has a close association with Merlin and has frequent access to the attractions, an annual declaration from Merlin will be required to confirm that the Merlin Group’s Protection of Children policy is adhered to in all locations.
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7. PROMOTING GOOD PRACTICE
All employees, business partners, volunteers and parents have a responsibility to identify and share safeguarding concerns.
It is NOT the responsibility of employees, business partners, volunteers or parents to make a judgement about whether or not abuse is taking place. It is however their responsibility to act if they have concerns about the welfare of a child, as explained in section 16.
8. FORMS OF ABUSE
This policy is concerned with protecting children from harm, specifically from abuse and neglect.
There are 4 categories of abuse namely:
Physical abuse: This is where someone physically hurts or injures a child by hitting, shaking or by giving them alcohol or inappropriate drugs.
Emotional abuse: The persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on their emotional development
Sexual abuse: Sexual abuse involves forcing or enticing a child to take part in sexual activities, including prostitution, whether or not the child is aware of what is happening.
Neglect: Neglect is the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of health or development.
9. VIGILANCE
It is important that employees are vigilant and take action when they become aware of a possible case of abuse, or of a child who is acting in an agitated manner, or a parent who appears to be in a distressed state. Employees also need to be alert to a child being approached by an obvious stranger, or for any signs of inappropriate behaviour patterns by a colleague when children are close by.
Employees also need to take care that they do not place themselves in a situation with children which could be potentially compromising.
10. CODE OF CONDUCT FOR EMPLOYEES AND VOLUNTEERS
This outlines the conduct expected of all employees and volunteers. The code will serve to safeguard and protect children. It will also help everyone to maintain appropriate standards of behavior and reduce the possibility of allegations of abuse being made against them.
It is important that employees and volunteers are aware that they may be seen as role models by children and therefore must behave in an appropriate manner at all times by upholding the MMW’s code of conduct. They should also be mindful that their behaviour should reflect the spirit of the code of conduct in their personal life as well and should not behave in a way that would undermine the reputation of MMW be it in a professional or personal capacity.
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Code of Conduct – Appendix A
11. IMAGES OF CHILDREN
In some circumstances, MMW requests permission to use photographs, videos and quotes provided by young people and families for whom MMW have arranged an MMW experience, in promotional materials and in internal communications. This could include using the information in posters, leaflets, reports, newsletters, websites (including social media sites such as Facebook), promotional videos and in newspaper articles.
Where imagery/quotes are requested the appropriate supervising adult is required to complete a data consent form – see Consent Form – Appendix B. If the consent form is not received, no imagery/quotes are allowed to be used by MMW for any purpose.
12. LEGISLATION, RELEVANT POLICIES AND PROCEDURES
Safeguarding and promoting the welfare of children is a broad concept. Therefore policies and procedures which contribute to safeguarding should also be followed by those to whom they apply or when relevant.
The Merlin Group documents below should be considered:
Policy Version dated
Whistleblowing policy April 2016
Protection of Children and Young People HS(P) 008 October 2013
Social Media Policy November 2017
13. LEGISLATION AND GUIDANCE
Our policy is underpinned by English legislation and statutory guidance which includes:
UN Convention on the Rights of the Child 1991
Data Protection Act 1998
Children Act 1989 and 2004
Sexual Offences Act 2003
Working Together to Safeguard Children (HM Government 2015)
What to do if you are Worried a Child may be being Abused (HM Government 2015)
14. EMPLOYMENT PROCEDURES
MMW need to have a thorough recruitment system that helps to ensure that unsuitable people are not employed in the first instance. These standard procedures should include all positions:
Confirmation of identity and home address
Confirmation of the right to work in the country in question, where the applicant is not a national
Checking of references and employment history
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Checking of qualifications, where appropriate
A question requiring confirmation as to whether or not the applicant has any unspent convictions (where it is legal to ask such a question)
A declaration related to working with children.
All of the above should be carried out upon making an offer of employment and not during the interview or
the recruitment process itself. A Disclosure and Barring Service (DBS) check in the UK, or local equivalent overseas ‘disclosure’ where available, must be taken for all roles where a risk assessment of specific jobs might have regular unsupervised contact or close contact with children. For further information on the level of checks to be carried out please refer to local recruitment policies and procedures. For the UK please refer to the Disclosure and Barring Service Policy.
Where an existing team member moves into one of these designated posts from an area which does not require disclosure then the Disclosure process above should be carried out.
If the Disclosure report indicates that an individual has had a caution in connection with a child, or has committed an offence of abuse against a child, then that person will not be considered for employment of any kind within MMW – whether existing employees or new recruits. Where a report indicates that some other offence has been committed, whether, for new recruits or existing employees, this will be considered individually, based on the nature of the job role, the working environment and specific application.
This is in line with offender rehabilitation laws/practices, such as the UK Rehabilitation of Offenders Act and overseas equivalent laws.
15. CULTURE AND PROCEDURAL GUIDANCE
Each venue that MMW send children to must have a procedure for dealing with lost children and investigation of suspected cases of child/young person abuse, including procedures for the involvement of the appropriate authorities should an allegation or potential case of abuse come to light. The management team on site has the responsibility for ensuring that these procedures are in place and that they are communicated effectively.
General Considerations Considerations to be taken into account when developing training and procedures include:
Respect children/young people at all times, regardless of their age, gender, ethnicity, disability or sexual
identity
Remember that children look up to adults as role models. Behaviour, language and gestures must therefore
be appropriate at all times
Do not engage in or tolerate inappropriate physical activity involving children/young people
Take suitable action if you become aware of anyone behaving in an inappropriate way towards a child or
young person. Call for assistance if needed.
Never let allegations by a child go unreported, including any made against you. (These may be ‘mischievous’ or even ‘malicious’ allegations and pre-emptive reporting can help further investigation)
Do not engage in or tolerate any bullying of a child, either by an adult or by other children
Avoid unobserved situations of one-to-one contact with a child/young person. If it is unavoidable, try to do so in the open or if indoors, always keep a door open and ensure that you are within the hearing of other adults
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When providing days out ensure that adequate tickets are made available to enable an appropriate ratio of
adults to accompany children and that those adults are made aware of their responsibilities towards the
children
Never enter a room where an unaccompanied child/young person may be changing their clothes, without
first clearly getting their consent to enter. (In such cases, also try to be accompanied by another adult).
Ensure that there is a procedure for alerting the Police or Social Services (or local equivalent) where there is a
suspicion of abuse towards a child or young person. (See also section 8)
16. RESPONDING TO SUSPICIONS OR ALLEGATIONS OF CHILD ABUSE
Allegations or complaints of abuse must be dealt with in a sensitive way. Management and employees are not
responsible for deciding whether or not a child has been subject to abuse. However, they are responsible for reporting suspicions to the police.
Where a child/young person makes an allegation or confides in an team member about abuse either at the location or elsewhere, employees should show that they believe the child and that they take the allegation very seriously. Where an allegation is about an team member of the Group, any such allegation will be fully investigated, in cooperation with the authorities and standard HR policies and procedures will be followed.
What to do if there are concerns:
In such situations, or where concern exists, any suspicion, allegation or incident of abuse must be reported to an immediate line manager. The MMW charity manager is responsible for reporting to the relevant authorities.
Recording Information. All information shall be treated as confidential and a record kept of all aspects of an incident, whilst should include at
least:
the nature of the allegation
a description of the alleged occurrence and person involved
the location
a description of any visible injuries
all times and dates, including when the authorities were notified
Whilst giving support, and clarifying the circumstances, employees should never counsel or lead the child with
questions as this may hinder any subsequent legal action. Interviews must be left to the Police or Social Services.
17. TRAINING
It should be clearly recognized that whilst checks are part of the employment process, these must be operated in conjunction with appropriate training. Employees should be made aware of how to recognise sensitive and possible abusive situations, how to report them and of how to avoid possible compromising situations, e.g. being left alone with a child.
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18. APPENDICES
APPENDIX A – MMW CODE OF CONDUCT FOR EMPLOYEES AND VOLUNTEERS
All Employees and Volunteers MUST:
Treat all children equally, respectfully, with warmth and empathy, and listen to their wishes and feelings
Encourage a non-discriminatory environment
Behave in a calm, positive, supportive and encouraging way with children
Ensure you report any suspicions, concerns, allegations or disclosures made by a child or parent including poor practice. This includes any suspicions about ‘grooming’ behaviour you must report such concerns and allegations.
Ensure that the focus of your relationship with a child (including their family in some cases) that you have
met through MMW remains professional at all times. The aim should never be to develop the relationship
into a friendship or intimate relationship.
Ensure that any use of social media sites remains professional at all times. There should be no direct personal or private online relationship with a child or their family who is known to the team member as a result of being associated with MMW. Any requests from children to engage directly should be politely declined. All contact via any social media site should be kept public and instant chat must not be used at any time to communicate with children.
Endeavour to plan activities that involve more than one other present being present, or at least within sight of others.
Respect a child’s right to personal privacy but never agree to keep any information relating to the harm of a child confidential.
Ensure that dangerous or otherwise unacceptable behaviour, including bullying is challenged and addressed.
Be aware that children can develop infatuations (crushes) towards adults. If this is happening, you should tellyour line manager and then respond to the situation in a way that maintains the dignity of all concerned.
Ensure that if a child needs physical comfort that this is done in a way that is both age appropriate and
respectful of their personal space. Never act in a way which may be perceived as threatening or intrusive.
Always check out with a child before you act to make sure they are comfortable with you touching them.
Physical contact should not be done in a hidden or secretive way that could be misconstrued by the child or
anyone else observing it. Physical contact should be limited to a hug or touch of the arm/hand.
Ensure that if any kind of physical support is required during any activities, it is provided only when necessary in relation to the activity and that you are doing this in a way that other colleagues can observe you.
You must not:
Conduct a sexual relationship with a child or indulge in any form of sexual contact with a child regardless of
the age of consent. This would constitute a breach of a position of trust and is never acceptable even if the
child is aged 16 years or above and can legally consent to a sexual relationship in the UK.
Swear or make sarcastic, insensitive, derogatory or sexually suggestive comments or gestures to or in front of children.
Engage in or allow any sexually provocative games involving or observed by children, whether based on
talking or touching.
Show favouritism or gossip about children.
Rely on your reputation, position or MMW to protect you.
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Ask a child questions which may be construed as sensitive without first consulting with the person
responsible for the child.
Let any allegations of abuse or poor practice go unchallenged or unreported.
Maintain confidentiality about sensitive information to safeguard a child.
Work under the influence of alcohol or drugs.
Smoke, vape or drink alcohol in front of children.
Discuss your own personal/ sexual relationships in front of children.
Give or receive gifts and/or substances such as drugs, alcohol, cigarettes, and e-cigarettes from or to a child or their family.
Use any type of physical punishment in order to discipline. Shouting at children should also be avoided
whenever possible and only if alternative forms of discipline have failed.
Do things of a personal nature that the child can do for themselves.
Steal, or condone someone else’s stealing, regardless of the value the stolen item.
Photograph or film children for which no prior consent has been sought.
Administer first aid involving the removal of clothing unless in the presence of their parents or others.
Show any audio and/or visual material (CDs, DVDs, videos, photos, films, computer or games etc.) that has inappropriate content for children.
Arrange to meet a child outside of your work context where the purpose is one of friendship or an intimate
relationship.
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APPENDIX B - DATA CONSENT FORMS
The Merlin Magic Wand Charity – Data Consent Form 2017
ORGANISATIONS/CHARITIES ONLY
How would we like to use Trip Information?
Merlin's Magic Wand (MMW) would like to be able to use photographs, videos, and quotes provided by young people and families for whom your organisation has arranged a MMW experience, and other personal information about their trip (referred to in the rest of this form as the "Trip Information") in promotional materials and in internal communications. This could include using Trip Information in posters, leaflets, reports, newsletters, on websites (including social media sites such as Facebook), in promotional videos and in newspaper articles.
Where will the Trip Information be used?
If you agree, materials including the Trip Information may be displayed at Merlin Entertainments' premises and Merlin attractions worldwide, at conferences, exhibitions and training events (including charitable, fundraising or promotional events) and used in promotional materials that are shared via our websites, social media sites and other advertising and promotional channels.
What happens if you or the young person or family change your mind?
If you sign this form to give consent on behalf of a young person or family for use of their Trip Information, the consent is valid from the date of signature until you withdraw your consent. MMW may continue to use the Trip Information for the purposes listed above unless and until you notify MMW that you withdraw consent. You can withdraw consent at any time by emailing admin@merlinsmagicwand.org.
If you withdraw your consent on behalf of a young person or family, their Trip Information will not be used in any future materials. In relation to materials already printed or produced, please note that it may not always be possible to recall all materials or stop all current use of materials immediately.
Your Permission Please sign this data consent form if you are happy to give Merlin's Magic Wand permission to use the Trip Information for the purposes described above. By signing this data consent form, you confirm on behalf of your organisation that you have obtained consent from the children you are signing on behalf of (if they have capacity to consent) and/or from the parents or guardians of those children. You also confirm that if a child, their parent or guardian contacts you or your organisation to withdraw consent at any time, you must pass that withdrawal on to MMW immediately.
I give my permission for Merlin's Magic Wand (MMW) to use:
(i) photographs and/or still or moving images of young people for whom my organisation has arranged a
MMW experience and their families, taken during the trip for which MMW has provided tickets or
during any other activity arranged by MMW, or any other photographs and/or still or moving images
which I choose to send to them; and(ii) personal information relating to such young people and their families, including in relation to the personal circumstances giving rise to the application to MMW and the nature of the experience provided (which may include the name of any such young people and their families, and a description of any disability, condition, illness or circumstance of any of them); and
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(iii) any quotes that such young people and/or their families, provide about the experience provided by
MMW,
Your Name________________________ Your Merlin’s Magic Wand Reference Number (if
known)_____________________
Your Organisation/Charity_________________
Signature_________________________________ Date ___________________
Is this consent for all of the children Y/N _____________________________
If no please advise which children you are consenting on behalf of:
__________________________________________________________
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The Merlin Magic Wand Charity – Photo/Data Consent Form
INDIVIDUALS/FAMILIES ONLY
How would we like to use Your Information?
Merlin's Magic Wand (MMW) would like to be able to use photographs, videos, quotes that you provide and other personal information about your trip (referred to in the rest of this form as "Your Information") in promotional materials and in internal communications. This could include using Your Information in posters, leaflets, reports, newsletters, on websites (including social media sites such as Facebook), in promotional videos and in newspaper articles.
Where will Your Information be used?
If you agree, materials including Your Information may be displayed at Merlin Entertainments' premises and
Merlin attractions worldwide, at conferences, exhibitions and training events (including charitable, fundraising or promotional events) and used in promotional materials that are shared via our websites, social media sites and other advertising and promotional channels.
What happens if you change your mind?
If you sign this form to give consent for use of Your Information, the consent is valid from the date of signature until you withdraw your consent. MMW may continue to use Your Information for the purposes listed above unless and until you notify MMW that you withdraw consent. You can withdraw consent at any time by emailing admin@merlinsmagicwand.org.
If you withdraw your consent, Your Information will not be used in any future materials. In relation to materials already printed or produced, please note that it may not always be possible to recall all materials or stop all current use of materials immediately.
Permission
By signing the below, you confirm that:
(a) explicitly consent to; and
(b) either the child/children is under the age of 13 or, where any child is 13 years of age or older, I
have obtained (and will produce on request by Merlin's Magic Wand) from each child, over the
age of 13, to whom the application relates, explicitly consents to
photographs and/or still or moving images of myself, or young people for whom I have parental
responsibility, taken during the trip for which MMW has provided tickets or during any other activity
arranged by MMW, or any other photographs and/or still or moving images which I choose to send to
MMW; and
personal information that I have provided to MMW relating to myself and/or young people for whom I
have parental responsibility, including in relation to personal circumstances giving rise to the
application to MMW and the nature of the experience provided (which may include names and a
description of any disability, condition, illness or personal circumstances); and
any quotes that I, or young people for whom I have parental responsibility, provide about the experience
provided by MMW,
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Your Name________________________ Your Merlin’s Magic Wand Reference Number (if
known)_____________________
Relationship to child (if signed on behalf of child) __________________________________
Signature_________________________________ Date ___________________
