Policies

1.1. This Policy relates to the Paul Mellon Centre for Studies in British Art (herein referred to as “the PMC”). The PMC is committed to proactively safeguarding and promoting the welfare of its beneficiaries and employees, and others working on the PMC’s physical and digital premises, and to take reasonable steps to ensure that anyone who comes into contact with the PMC or the PMC’s funded, promoted, or associated activities does not, as a result, come to any harm.

1.2. The PMC takes safeguarding to mean “the range of measures in place to protect people working in or for the PMC, or those it comes into contact with, from abuse and maltreatment of any kind”.

1.3. Safeguarding is everyone’s responsibility. The PMC believes that everyone it meets, regardless of age, gender identity, disability, sexual orientation or ethnic origin has the right to be protected from all forms of harm, abuse, neglect and exploitation. The PMC will not tolerate abuse and exploitation by PMC staff, affiliates or collaborators.

2.1. The purpose of this Policy is to protect people, particularly vulnerable adults and children, from any harm that may be caused due to their encountering the PMC. In this regard the PMC acknowledges that there may be PMC staff who are also vulnerable adults.

2.2. This Policy sets out the commitments made by the PMC and informs PMC staff of their responsibilities in relation to safeguarding.

3.1. Compliance with this Policy is mandatory for all PMC staff.

3.2. “PMC staff” means:

i. all people working for the PMC or on the PMC’s behalf in any capacity; and/or

ii. any person working on the PMC’s physical premises or digital estate. For the avoidance of doubt, PMC staff includes but is not limited to employees at all levels, Directors (that is those people who are registered at Companies House as a formal Director of the PMC), Governors (that is those who are Governors or Members of our Board of Governors), officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives, fellows and researchers.

3.3. Breaches of this Policy by PMC staff will be treated seriously and will be treated as a potential cause for disciplinary action (in the case of employees) or termination of the relationship by other means.

3.4. For Affiliates or Collaborators

3.4.1. The PMC works in collaboration with many affiliates and/or collaborators. Affiliate or Collaborator means any organisation which receives funding from the PMC, which collaborates with the PMC to deliver any of its programmes or activities, or which is otherwise associated with the PMC’s name and brand. This Policy is intended to work alongside the equivalent policies of the PMC’s affiliates or collaborators, where appropriate. The PMC expects that the principles and approaches already shared with affiliates or collaborators mean that they will fully support the values and commitments set out in this Policy.

3.4.2. Affiliates or collaborators, as independent organisations, are responsible for internally dealing with their own safeguarding concerns. The PMC will ensure that each affiliate or collaborator has appointed a member of staff who will be responsible for promptly reporting to the PMC’s Safeguarding Lead any safeguarding concerns that arise in or are relevant to the context of the partnership and vice versa.

4.1. A child is anyone under the age of 18.

4.2. A vulnerable adult is any person who is aged 18 years or over who, because of their need for care and support, is unable to protect themselves from either the risk of or the experience of abuse or neglect. Whether a person is a vulnerable adult or not is something which can change with their circumstances and is not fixed. A vulnerable adult may have a mental illness, a learning disability, a physical disability, be frail or be otherwise in need of additional assistance to protect themselves from harm or exploitation, for example, due to language barriers, social factors such as poverty, displacement or lack of services or support, be a victim of domestic violence or subject to witness protection. The PMC recognises that there may be some PMC staff who are also vulnerable adults.

5.1. The nature of the PMC’s work means that the PMC will rarely be engaged in extensive activities that are focused solely on children or vulnerable adults. However, PMC staff may encounter children and vulnerable adults in a wide range of situations. These include:

a. Events open to the public which are held at the PMC or organised by the PMC and held at external venues.

b. Visitors to the PMC’s Public Study Room.

c. Write on Art competition entrants, specifically UK school students.

d. Yale in London programme participants who may be travelling independently for the first time in a country with which they are not familiar.

e. Colleagues, students and people using the PMC’s digital and/or physical estate.

f. The access and management of databases which may contain personal contact details for children, young people and vulnerable adults.

g. The recruitment and management of the PMC’s staff, freelance contractors and consultants. 

PMC also runs competitions, such as British Art in Motion, for young people (here defined as aged 18–21 years old) which are risk assessed for safeguarding.

5.2. As such, we understand the PMC’s specific safeguarding risks include, but are not limited to, safeguarding of PMC staff, and safeguarding in relation to PMC staff. 

5.3. Consequently, the PMC will take reasonable steps to safeguard and protect from abuse PMC staff and those connected with the activities of the PMC, and who may encounter it.

5.4. The PMC also complies with the Charity Commission’s requirements in respect of safeguarding.

6.1. The PMC commits to taking all reasonable measures to ensure children and vulnerable adults (including PMC staff who fall within this category) impacted by the activities of the PMC delivered and/or supported by the PMC are protected as far as possible from harm, including exploitation, neglect and abuse of all kinds.

a. Developing a “safety culture” within the PMC that creates and maintains protective environments. 

b. Placing safeguarding at the heart of recruitment practices by requesting two written references, considering gaps in work history and checking qualifications and certifications and, where appropriate, confirming a person’s right to work in the UK. Staff within the Learning Programme Team who are in regular and direct contact with children because of the Write on Art competition, and the Safeguarding Lead, are required to undergo an enhanced Disclosure and Barring Service (DBS) check.

c. Ensuring PMC staff are fully cognisant of protection issues and adhere to the PMC’s Code of Conduct.

d. Increasing understanding and raising the awareness of PMC staff of risks relating to safeguarding within the organisation and in connection with its activities.

e. Taking appropriate and proportionate action if the Policy is not enforced.

f. Maintaining adequate insurance in relation to the PMC’s activities and the people involved, to the extent that it is reasonably available.

g. Carrying out appropriate due diligence on relevant affiliates and collaborators, which may include ensuring they have appropriate controls and safeguarding measures in place.

h. Ensuring affiliates and collaborators who come into direct contact with children or young adults, e.g. Write on Art judges and Yale in London faculty, who are not required to have a DBS check, are briefed on our Safeguarding Policy and procedures, are supported by a member of PMC staff and are not left alone with children and/or vulnerable adults.

i. Making sure people protection considerations are integrated into all aspects of the organisation.

j. Ensuring all PMC staff are aware of their responsibilities to report concerns and which steps to take/who to go to in order to report such concerns.

k. Ensuring that safeguarding concerns are addressed promptly and through the appropriate channels.

l. Reporting safeguarding incidents, allegations or concerns to external authorities and regulators, as appropriate, and in accordance with best practice. The PMC will fully risk assess such reporting to ensure that making a report is not likely to cause further harm to the individual(s) to whom harm has (actually, allegedly or potentially) already been caused.

m. Ensuring that the PMC’s privacy policy remains suitably updated so that it is clear that, in keeping with the “safety culture”, we will report wrongdoing on the part of PMC staff to appropriate authorities; will share such information as may be necessary to protect individuals from harm; and will provide fair and accurate references, which appropriately reflect the PMC’s experience and interaction with PMC staff.

8.1. In order to make its policy commitments a practical reality, the PMC will instigate or strengthen a range of measures that focus on making sure this Policy and associated procedures are in place; that people are supported to understand and work within the provisions of the Policy; that it is fully and effectively integrated into all of our activities; and that it is subject to monitoring and review. 

8.2. Relevant PMC staff will receive regular, approved, compulsory training/briefing on their responsibilities and obligations under this Policy. All staff will receive awareness training on this Policy and procedures and the PMC will support staff to develop the necessary skills and knowledge to adhere to it. New staff will be briefed on this Policy and its procedures as part of their induction.

8.3. Breaches of this Policy by PMC staff will be taken seriously and will be treated as a potential cause for disciplinary action or termination of the relationship by other means. Breaches by Governors may result in the termination of their governorship. 

8.4. The people and organisations with which we work, and those people who encounter our work, will be made aware of our commitment to safeguarding via signposting on our website. This will include what they should do if they would like to bring a child or vulnerable adult to the PMC and/or if they have any concerns in this area.

Initiating the Children and Vulnerable Adult Risk Assessment Process

9.1. As noted above, the PMC’s activities do not focus on children and vulnerable adults and so our contact with these groups is very limited. However, we do recognise that the PMC will hold events and undertake activities that are attended by or undertaken by PMC staff who may also be vulnerable adults. To assess the risks involving our work with children and vulnerable adults (including any PMC staff) and to put in plans to control any risks arising, we will initiate a Children and Vulnerable Adults Risk Assessment process. See Annex 1 for more details on this process. 

Identifying Required Checks 

9.2. Once the key duties and responsibilities of the activity are determined, one of the required actions must be to identify which checks, if any, are required prior to the individual working with children and/or vulnerable adults.

9.3. In addition, the PMC must consider if any required checks should be treated as essential before employment/engagement (that is, that the new PMC staff recruited to the role should not be able to start work until the check is completed).

Recruitment of PMC Staff and DBS Checks

9.4. As the PMC’s activities do not focus on children or vulnerable adults this means that we are not permitted or required by law to undertake Standard or Enhanced DBS checks on PMC staff, though each role is assessed on a case-by-case basis. The Safeguarding Lead has a basic DBS check; however, we do carry out an Enhanced DBS check on Learning Programme staff.

10.1. In the event of any filming or photography by the PMC at an event, any young person or vulnerable attendee will be given the opportunity to opt out of being documented by informing a member of staff. In the event of any filming or photography by the PMC at an event attended by children, e.g. the Write on Art prize ceremony, consent must be sought beforehand and signed by the child’s legal guardian.

10.2. In the case where written permissions already exist which permits the documentation of participants (e.g. the school has parental permissions for all students which extends to third party use), written confirmation of this will be requested from the PMC employee managing the event.

10.3. The PMC’s Contributor Release can be signed by the individual, if aged 18 years and over. If the individual is aged under 18 years, a responsible adult must sign the release. If permission is not granted, the PMC will not document the individual involved respective of their wishes.

10.4. If the individual is aged 18 and over, but unable to communicate their own consent, agreement will be sought via their responsible adult. A responsible adult is defined as a person aged 18 and over who assumes responsibility for children, young people, and vulnerable adults whilst they are engaging with the PMC or its partners (these could be, but are not limited to, parents, family members, teachers, group leaders and care services.) We also recognise that some parents may be aged under 18 years of age.

10.5. The PMC will not publish the name or identifying details of a child, young person or vulnerable adult alongside their image.

11.1. Personal details including email addresses, websites and social media accounts linked to children, young people and vulnerable adults will never be shared or publicised by staff at the PMC.

11.2. In instances where consent has been granted by a child, young or vulnerable person to have their likeness published on PMC channels (either via themselves or their legal guardian or responsible adult, depending on their age), individuals may contact us through our usual channels if they have a query or complaint about the content and where it has been published or broadcast.

12.1. Concerns for the safety and wellbeing of children and vulnerable adults (including PMC staff who may also be vulnerable adults) could arise in a variety of ways and in a range of situations. For example, a child/vulnerable adult may report or show signs of abuse, someone may hint that a child/vulnerable adult is at risk or that a colleague is an abuser, or someone may witness abuse.

12.2. Concerns for the safety and wellbeing of students on the Yale in London programme should be reported to the Learning Programme Team who will initiate the appropriate next steps as required by Yale University.

12.3. A non-exhaustive list of the signs and types of abuse are set out in Annex 2. It is not always easy to recognise a situation where abuse may occur or has taken place and PMC staff are not experts at such recognition. However, each person has a responsibility to act if they have any concerns about someone’s behaviour towards a child or vulnerable adult. It is important that the recipient of any complaint or accusation that a child or vulnerable adult has been or is being abused listens carefully without making or implying any judgment as to the truth of the complaint or accusation.

Process for Raising and Reporting a Safeguarding Concern

12.4. The process for raising and reporting a safeguarding concern will differ depending on the nature of the concern. These processes are as follows:

12.4.1. The process for raising a concern relating to alleged abuse of or harm to children or vulnerable adults (for example during an event/activity run by the PMC) is set out in the flow diagram in Annex 3. If any PMC staff have a concern regarding the immediate safety of a child or vulnerable adult, believe them to be at immediate risk of harm or abuse, and/or believe that a criminal offence is taking place, they must take immediate steps to protect the person by making a referral to social services or to the police to prevent harm. Where such a referral is made, they should inform the PMC’s Safeguarding Lead as soon as possible following the referral and complete the Report Form at Annex 4 for the PMC’s records. Where the concern happens within or relates to an affiliate or collaborator organisation, the Safeguarding Lead will work with their counterpart as appropriate. 

The person making the report should otherwise keep the matter strictly confidential and not seek to investigate the incident or suspicion.

12.5. Where a safeguarding concern has been disclosed or a concern is identified by PMC staff and there is no immediate risk of harm or abuse, they must follow the steps set out in the flow diagram in Annex 3. Typically, this requires the concern to be raised with the PMC’s Safeguarding Lead. Children and vulnerable adults and any other person whom the PMC encounters can also raise a concern directly with the Safeguarding Lead, and this will be communicated clearly by the PMC to those who it works with as appropriate.

12.6. For more information about confidentiality and information sharing in relation to alleged harm to or abuse of children or vulnerable adults, please see Annex 5.

12.7. For all concerns by or about PMC staff concerning domestic abuse, please see Annex 6 for specific guidance.

12.8. For all concerns relating to alleged bullying or harassment by PMC staff in the workplace, the process set out in our Bullying and Harassment Policy should be followed.

12.9. For all other safeguarding complaints/concerns not covered by the above, these should be raised with the appropriate management contact or point person (“Point Person”), as follows:

a. Employees: Individuals who are employed by the PMC can raise confidential concerns to their Line Manager or else by following the processes set out in the PMC Grievance Policy or Whistleblowing Policy, as appropriate. If the individual feels their Line Manager is conflicted, the individual should submit their concerns to the HR Manager. All complaints and/or concerns shall be dealt with confidentially as far as reasonably practical.

b. Students: Students who are formally at the PMC as part of the Yale in London programme should direct their concerns to the Learning Programme Team. If the student feels a member of the Learning Programme Team may be conflicted, the student should submit their concerns to Jemma Field (Learning Programme Lead in New Haven) at [email protected]. All complaints and/or concerns shall be dealt with confidentially as far as reasonably practical.

c. Research collaborators and freelance workers: Researchers and freelancers who are on the PMC’s premises or who are using PMC resources as part of a collaboration where there is an agreement in place, but who are not employed by or seconded to the PMC, should raise concerns under the PMC’s Whistleblowing Policy to the HR Team. All complaints and/or concerns shall be dealt with confidentially as far as reasonably practical. 

d. Directors: Directors should raise any issues under the Whistleblowing Policy or the Complaints Policy to the Chair of the Board of Governors. All complaints and/or concerns shall be dealt with confidentially as far as reasonably practical. 

e. Visitors/guests: Individuals who are visitors to, or guests of, the PMC, including those who are attending events held by the PMC, should raise any complaints in accordance with the Complaints Policy to their host, who should be a PMC employee, or to the Safeguarding Lead. 

12.10. To the extent that the concern relates to one of the PMC’s affiliates or collaborators, for example in connection with activities/events (or joint activities/events) or in the affiliate or collaborator’s workplace, we will ensure that those concerns are shared with the relevant counterpart as appropriate.

Consequences of breaches of this Policy

12.11. Breaches of this Policy by PMC staff will be treated seriously and will be treated as a potential cause for disciplinary action (in the case of employees of the PMC) or termination of the relationship by other means. Breaches by Governors may result in the termination of their governorship. 

Reporting serious incidents to the Charity Commission and other external bodies

12.12. The PMC is committed to reporting all relevant incidents to the Charity Commission for England and Wales via a serious incident report. The PMC will also report incidents to other regulatory bodies and government departments as appropriate. Where there is evidence that criminal activity may have taken place, or concerns have been raised in relation to a child or vulnerable adult, the PMC will report to the relevant police and/or safeguarding authorities as appropriate (for example to the relevant Local Authority Designated Officer (LADO) or Adult Safeguarding Board), taking appropriate account of the Charity Commission’s guidance in this respect. 

All serious incidents should be reported to the Chief Operating Officer who will escalate this to the Director to report to the Board of Governors and other relevant parties at Yale University.

12.13. Decisions to report to external authorities will be fully risk assessed and anonymisation/pseudonymisation considered when necessary. Reporting will not be avoided on the basis that it may harm the PMC’s reputation or give rise to litigation and any concerns in relation to data protection will not act as a barrier to reporting, although they will be carefully considered to ensure that the disclosure is made within the legal framework for so doing.

13.1. The PMC complies with the principles of GDPR and the Data Protection Act 2018 in the way it collects, holds and disposes of personal information. Please see the Data Protection Policy and our Privacy Notice for more details.

14.1. This Safeguarding Policy should be read alongside the following linked policies:

a. Bullying and Harassment Policy

b. Whistleblowing Policy

c. Grievance Policy

d. Complaints Policy

e. Employee Disciplinary Policy

f. Code of Conduct

g. Serious Incident Reporting Policy

h. Data Protection Policy 

i. Equality, Diversity and Inclusion Policy

j. Social Media Policy

k. Workplace Visitor Policy

l. Yale in London Code of Conduct Policy

15.1. The Director of the PMC has ultimate responsibility for ensuring that the PMC protects from harm all those who encounter it. The Director has oversight of the PMC’s safeguarding and linked policies and oversees the PMC’s handling of safeguarding reports. The Director also has responsibility for deciding whether any serious incident reports need to be made to the Charity Commission in relation to safeguarding incidents. 

15.2. The PMC’s Safeguarding Lead is the Operations Lead and can be contacted on [email protected]. The Safeguarding Lead oversees day-to-day responsibility for safeguarding and will promote the importance of safeguarding within the PMC.

15.3. All PMC staff working with children and vulnerable adults within or connected with the PMC’s activities/events should be familiar with this Policy. In addition, they should conduct themselves in accordance with the PMC’s Code of Conduct.

15.4. Every individual who becomes aware of any suspicions or allegations regarding harm to children or vulnerable adults is required to report this immediately to the Safeguarding Lead.

16.1. The PMC will ensure that this Policy is always publicly accessible on its website. 

16.2. We are committed to reviewing our policies and good practice regularly. The Safeguarding Lead and Senior Leadership Team will review this Policy at least every three (3) years or when an incident occurs that highlights a need for change – whichever occurs first.