Bo'ness Amateur Swimming Club

Introduction

The purpose of this policy is to provide guidance and instruction on how to appropriately handle personal data associated with the recruitment of volunteers/paid staff in line with the Club’s Safer Recruitment Policy. This will provide assurance to members that their personal information will be handled, used, stored and destroyed appropriately and in accordance with the Disclosure Scotland Code of Practice.

Usage and Handling of Personal information

Personal information associated with the Safer Recruitment Process will only be requested when necessary and relevant to a particular role. Information provided will solely be used for recruitment purposes. We will ensure that all sensitive personal information that is collated for the purposes of recruitment will be managed confidentially by those involved.

Access and Storage

Care will be taken in relation to personal information, and we will endeavour to prevent unauthorised viewing, transmission, storage, printing or fraudulent manipulation. We recognise that it is a criminal offence to disclose personal information to any unauthorised person. Personal information is only shared with those authorised to see it in the course of their duties.

Personal information will be deleted as soon as the relevant checks and appropriate suitability has been assessed. The information is stored securely as detailed in the Recording of Information section. No photocopy or other image of the personal information will be retained.

Sharing Information

Personal information will only be shared by the club, with those authorised to see as part of the Club’s safer recruitment process.

Disclosure information will be used by Scottish Swimming to assess suitability for regulated role being applied for. Please refer to Scottish Swimming’s Secure Data Handling Policy. Scottish Swimming will only share the outcome of the suitability decision with the Club but will not share specific information detailed in the disclosure certificate.

Recording of Information

The Club is responsibility for keeping accurate information relating to the safer recruitment process. The following information will be collected and recorded securely:

• Self- Declaration forms
• Reference forms
• Personal information for a PVG application
  • Full name
  • Address
  • Date of Birth
  • Role within Club
  • Email Address
  • ID verification
• Recruitment decision taken

Personal information will be stored in secure conditions as follows: information will be stored in the secure Club cloud-based files until the recruitment decision has been made. Only those authorised to see this information in the course of their duties will have access to the information.

Retention

The Club will not retain personal information relating to the safer recruitment process for longer than is necessary for the purpose for which the information was obtained. Self-declarations, references and copies of ID will be destroyed securely on confirmation of recruitment process outcome.

Destruction/Deletion

The Club will take reasonable steps to ensure that personal recruitment information is destroyed by suitable and secure means, for example, shredding, pulping or burning. Electronic images from ID checks will also be deleted permanently from both the email address where it was received and from where it is stored.

We will ensure that all volunteers with access to the personal information are aware of this policy and have received training and support to help them to comply with both this policy and the code of practice.  A copy of this policy will be made available to anyone who requests it.

Introduction

The Protection of Vulnerable groups (Scotland) Act 2007 is in place to make sure unsuitable individuals cannot work or volunteer with children or protected adults (regulated work). A key part to this process working correctly is for clubs to pass on information to Disclosure Scotland when they identify an unsuitable individual within their club.

Background

The PVG Scheme requires organisations to make referrals to the Protection Unit at Disclosure Scotland in certain circumstances. If The Club/Scottish Swimming permanently remove someone from regulated work it needs to be decided if the reason(s) that they were removed means Disclosure Scotland need to be informed about what happened. This is called “Making a Referral” and includes circumstances where you would have removed them if, for any reason, they have already left the role.

Disclosure Scotland will then use this information to help them decide if someone remains suitable to continue to undertake regulated work (with children/adults/both) or if they should be removed from regulated work.

When Should The Club Let The Protection Unit Know What’s Happened?

The Club should only make a referral when both Condition 1 and Condition 2 below have been met. Condition 2 is meeting a minimum of 1 of the 5 points.

Condition 1 – A person has been permanently removed/removed themselves from regulated work

(this includes suspension which requires the person to reapply for their role when the suspension period has ended)

Condition 2 – At least 1 of the following 5 grounds apply to their permanent removal:

• Caused harm to a child or protected adult
• Placed someone at risk of harm
• Engaged in inappropriate conduct involving pornography
• Engaged in inappropriate sexual conduct
• Given inappropriate medical treatment

When both of these conditions have been met, the Club must let Disclosure Scotland know by making a referral.  The form for making a referral can be found on Disclosure Scotland’s website (HERE), along with instructions for completing the form and the Protection Unit can be contacted on 03000 2000 40 if you need any help.

Making a referral is not optional. It is a legal requirement to report circumstances where both conditions are met. This should be done within 3 months of making your decision.

Who Is Responsible For Making The Referral?

When the club carry out disciplinary action and make the decision to permanently remove someone from regulated work, the club is responsible for making the referral.

Where the Sports Governing Body (Scottish Swimming) take disciplinary action which means that they have to remove someone from regulated work in your club, Scottish Swimming are responsible for making the referral.

How To Use This Policy

The template policy provided below can be used as it is by adding your club’s name at the top, identifying and inserting the role/post of the person in your club who will be responsible for making referrals (insert this role title in the area marked ‘Position 1’) and the job role of the person who will substitute for this person in their absence (insert this job role in the area marked ‘Position 2’). 

Alternatively, it can be used to help you to develop your own policy and process but you must identify the job role/post within your club that will be responsible for making referrals and ensure there is clear guidance on notifying that person that both conditions have been met for making a referral.

Scottish Swimming recommend the following:

Position 1: Club Chair / President

Position 2: Club Wellbeing Officer

Throughout this procedure, Scottish Swimming will be supporting the club and Wellbeing Officer through the process.

Introduction

The purpose of this policy is to provide assurance to applicants, staff and volunteers and guidance to those making recruitment decisions of our organisations process in assessing whether any conviction information provided to us in a disclosure certificate impacts on a person’s ability to carry out the role that they have applied for or which they hold within our organisation.  It is important to recognise that having a criminal record does not necessarily mean that someone cannot work or volunteer for our organisation.

Scottish Swimming and their affiliated Clubs treat all applicants fairly and consistently in accordance with the requirements of Rehabilitation of Offenders Act 1974 (as amended).  We do not differentiate between paid and unpaid roles when applying the criteria detailed in this policy, the assessment is based entirely on the requirements of the role and any information shared with us in a disclosure certificate. 

Self-Declaration

Scottish Swimming operate a fair recruitment process and will ensure anyone applying for, or holding a role in our organisation is given the opportunity to discuss any unspent convictions which they are required to tell us about.   

As part of the Scottish Swimming recruitment process, the applicant should complete a self-declaration form which will be used together with the PVG information to assess the applicants suitability to carry out the role.

The rules around what an individual needs to disclose are complex and it may be difficult to know what should and should not be disclosed.  Scottish Swimming should, therefore, only be told about unspent convictions and relevant spent convictions. An individual should not tell Scottish Swimming about any convictions which were gained before the age of 12, those which are spent and any which are not considered appropriate to disclose subject to exceptions.

Once in post, any member of staff or volunteer who gains any new convictions, must complete the self-declaration form again. It is important to note that failing to follow this ongoing self-disclosure process may result in disciplinary action and could ultimately result in dismissal.

To support the recruitment decision, it is recommended that Scottish Swimming clubs should follow this process for recruiting volunteers both for regulated and non-regulated roles.

Disclosure Certificate

In order to ensure there is no bias in our recruitment decisions, accessing the disclosure certificate will be the final part of Scottish Swimming’s recruitment process and will only be requested when we have provisionally offered the role, subject to a satisfactory disclosure. 

When Scottish Swimming receive a copy of an individual’s disclosure certificate, they will compare it to the self-declaration form which the individual has completed.  If there are any discrepancies between the details on the two documents, Scottish Swimming will arrange to discuss this with the individual. 

Scottish Swimming will not make any judgement on the reasons that information differs prior to our discussion as we understand that the rules around what information an individual should share with us is complex. Where the Club is the recruiting body then authorised persons at Scottish Swimming will communicate as required with the Wellbeing & Protection Officer and/or Club Chairperson with regards to this information as appropriate

How we will use disclosure information

Any information disclosed with Scottish Swimming will be treated in the strictest confidence and only authorised people required to see the information to help assess it will have access to it.  There may be instances where we need to seek support or guidance externally (for example, from a solicitor).  When this is necessary, we will not share any information which will identify the individual, only the information which Scottish Swimming require support or guidance on.

Where information has been detailed on the self-declaration form but is not shared on the disclosure certificate, Scottish Swimming must always disregard this information as this means that the individual has provided information that they were not required to share with Scottish Swimming.

Scottish Swimming does, however, need to risk assess any conviction or vetting information carefully to ensure there is no risk to our organisation or to one of our Clubs. In order to ensure we carry out a fair and consistent practice when we assess any conviction or vetting information, Scottish Swimming will take into account the following criteria:

• Is the conviction relevant to the position being offered?
• How serious was the offence?
• How long is it since the offence took place?
• Is there a pattern of offending behaviour?
• Have the personal circumstances changed since the time of the offending behaviour?
• How has the person become rehabilitated?
• Is the person barred from the type of regulated work we need them to do?

If Scottish Swimming determine that the disclosed information makes an applicant unsuitable for the role, they will withdraw the job or volunteering role offer if it is with Scottish Swimming. If the role is with one of the affiliated clubs, Scottish Swimming will provide a recruitment suitability recommendation to the Wellbeing & Protection Officer and/or Chairperson at the club. For those already in post, this may result in dismissal.  The reason(s) for the decision will be fully explained to the individual.

Appeals

If an individual feels that the risk assessment has not been carried out appropriately or that the decision of Scottish Swimming is unfair, the individual has the right to appeal. 

Should you wish to appeal a recruitment decision please submit your appeal in writing to Elaine Mackenzie, Director of Services This email address is being protected from spambots. You need JavaScript enabled to view it. within 14 days of receipt of the decision being communicated to you clearly indicating your reasons for appeal. (R14.1 of the Scottish Swimming Governance) The appropriate appeal fee (£100) must accompany the appeal. The process will be progressed as quickly as practically possible.

All swimming clubs have a variety of volunteers and staff who assist with the overall running of the Club. Whilst it is vital to keep the issues of wellbeing & protection in proportion, Scottish Swimming affiliated clubs must have implemented a safer recruitment policy.

The Recruitment and Selection of Volunteers and Staff

Abusers of children tend to gravitate to situations where little vetting or checking takes place.  It is impossible to know who could abuse children.  Therefore, it is important that all reasonable steps be taken to ensure unsuitable people are prevented from working with children.

It is also important that standard procedures are used, whether people are paid or unpaid, part-time or full-time.

For all volunteers / staff working within the Club who have regular contact with young people the following steps are required:

PVG Scheme Membership

A PVG Scheme application must be processed for everyone carrying out a regulated role involved in your club. The role cannot be commenced before a PVG is in place. The Club WPO will assist a member complete the PVG application as appropriate. PVGs check an individual’s suitability to work with Children and young people and vulnerable Adults. Scottish Swimming will assess the individual’s suitability for carrying out the regulated role based on the information on the disclosure certificate and will inform the Club WPO of the outcome.

ID checks

As part of the process for applying for a PVG the club will need to confirm the identity of the member through an ID check as per the Club’s ID checker contract. ID checks must be carried out in accordance with the Disclosure Scotland Code of Practice.

Self-Declaration

Everyone applying for a regulated role within a club must complete a self-declaration form for the club to review.

For all other roles completion of a self-declaration form is recommended.

The completion of a volunteer self-declaration form allows the individual to disclose any criminal convictions and investigations to support the recruitment decision.  The club will retain the form in accordance with their secure handling policy.

Reference Checks

Everyone applying for a regulated role within a club must provide two individual references for the club to review.

For all other roles provision of references is recommended.

References are required from at least two people (not relatives) who have known the applicant for at least 2 years. Referees must be able to comment confidentially on the person’s suitability for the role being applied for and experience at working with children and young people and/or vulnerable Adults.

Interviews

There may be occasions when an interview is required to support the recruitment of a volunteer. A simple, informal interview to assess the applicant and attempt to verify all information given can be held for voluntary posts.

Where a club is looking to employ/contract an individual, then employment law governs recruitment processes and a full recruitment process including an interview would be required.

Induction

An induction procedure for all new starts is recommended.  New starts should be made aware of their responsibilities and are made aware of the relevant club policies. They are also required to sign the appropriate Codes of Conduct.  A period of probation is advisable. 

Training

The completion of the Child Wellbeing & Protection in Sport (CWPS) workshop is mandatory for all individuals in a regulated role within the club. This must be renewed every 3 years.

The completion of the Child Wellbeing & Protection in Sport (CWPS) workshop is recommended for all other roles working within the club.

Membership

All volunteers and staff active within the club must become members of Scottish Swimming under the rules and regulations of the Constitution.

C3.3.9 – A club failing to ensure that all volunteers that assist a club, no matter how irregularly, are members of the SASA, will be deemed to be operating outside the Associations remit.  As this remit forms the basis of the Company Insurance Policy the insurance cover for the club may be affected.