Child Protection at the Bbc: Policies and Practices

CHILD PROTECTION AT THE BBC: POLICIES AND PRACTICES

NOTE: Following the interim report provided in December 2012 to the Trust this report contains an update on actions taken as the result of the review of policies processes and practices in relation to child protection. Further amendments might be necessary following the outcome of Dame Janet Smith’s independent inquiry.

Contents CHILD PROTECTION AT THE BBC : POLICIES AND PRACTICES...... 1 I. Foreword ...... 5 II. Executive summary ...... 6 III. Definition of children ...... 10 IV. The BBC and children – different interactions ...... 11 A. as members of our audiences, accessing our programmes, ensuring the content children consume is appropriate...... 11 B. As visitors in our buildings (this could include children of staff), ...... 11 C. As spectators to shows organised on BBC premises or on location ...... 11 D. As participants in our programmes or activities organised by or on behalf of the BBC ...... 12 E. As participants in work experience placements under the National Curriculum ...... 12 F. As persons interviewed or filmed in our output, for instance in a news or current affairs programme ...... 12 G. As actors, under licence ...... 12 V. Policies...... 13 A. What are the applicable laws? ...... 13 B. History of BBC policies around child protection ...... 13 C. What are the BBC policies currently in place? ...... 13 1. Summary ...... 14 2. How have they been created? Have they been consulted on? ...... 15 3. Do they follow best practice? Legal requirements? ...... 15 4. How do they compare with other broadcasters ‘policies? ...... 17 5. When have the BBC children policies last been reviewed? ...... 18 6. Are they easy to access? ...... 18 D. Who is accountable for implementation of the policies? ...... 19 E. Are there external regulators controlling our compliance? ...... 19 F. Scope of our policy ...... 20 G. Is relevant staff appropriately trained to work with children? How is compliance monitored? 20 VI. How are these obligations implemented? ...... 21 A. DBS/PVG Scheme Checks ...... 21 B. Staff interaction with children ...... 22 C. Children’s appearances in content: chaperones, parental consent and risk assessment ...... 22 1. Licensing system ...... 23 2. Staff awareness of safeguards: training and points of contact ...... 23 3. The referrals process ...... 24 4. Online provisions ...... 24 5. Personal data ...... 25

VII. Monitoring ...... 25 A. Do users find policies easy to use and fit for purpose? ...... 25 B. How do we track incidents and what are the data available? ...... 25 C. Do we children’s parents’ or chaperones’ views? ...... 26 VIII. Actions taken and next steps ...... 26 A. The BBC policies themselves ...... 26 B. The Thane report ...... 27 C. The BBC’s response to these consultations ...... 29 ANNEX 1: What are the applicable laws? ...... 31 1. Protecting children involved in content-making ...... 31 2. Child protection: licensing and chaperones ...... 32 3. Legislation to protect children from adults who pose a risk ...... 32 4. Legislation directly relating to child sexual abuse offences ...... 33 5. Legal obligations with regards to hiring staff ...... 33 6. Identification and detection of children at risk ...... 34 7. Rights of the Child ...... 34 8. Risk assessment ...... 35 9. Data protection requirements ...... 35 IX. Annex II: History of BBC Children’s policies ...... 36 X. Annex III. Child Protection Steering Group : Terms of Reference ...... 38 XI. Annex IV: DBS /PVC checks ...... 39 Appendix 1 Case studies ...... 43 A. A programme involving children as actors on a regular basis: EastEnders ...... 43 1. Storylining ...... 43 2. Scene Content...... 43 3. Casting ...... 44 4. Scheduling ...... 44 5. Family Induction ...... 45 6. Schools & Tutoring ...... 45 7. Tutoring ...... 45 8. Training ...... 46 9. Accommodation ...... 46 10. Working with Babies and Toddlers ...... 46 11. Post Care ...... 47 12. Supporting Artists ...... 47 13. Young Adults...... 47 14. Pastoral care and Talent Management ...... 48 15. Mentors ...... 48

16. Transport ...... 48 17. Social networking sites ...... 48 18. Specialist Support ...... 49 19. Head Chaperone ...... 49 20. Awards/Industry Events ...... Error! Bookmark not defined. 21. Press and Publicity ...... 49 22. Code of Conduct ...... 49 B. A specific programme involving children: Hero Squad, a CBBC series ...... 49 1. Recruitment process ...... 49 2. Filming schedule ...... 50 3. Post care ...... 50 C. A programme involving children as spectators or casual participants : Children in Need 2012 51 D. A programme involving children as casual participants: The Children in Need choir ...... 51 1. Discussions with local authorities ...... 51 2. Security measures taken for the show ...... 52 3. Procedures for the Alnwick Garden Choir ...... 52 XII. Appendix 2 ...... 54

I. Foreword

At the BBC we engage with around 6 million children and young people in the UK every year through the content and services we provide. We also engage more directly with a significant number of young persons in their capacity as, for example, audience members, performers and visitors to our buildings. Engaging children and young people in this way is at the very heart of our remit as a public service broadcaster open to the public and reflective of the communities we serve.

However it also comes with responsibilities.

In all that we do the BBC has a legal duty to ensure that the children and young people we engage with do not suffer harm whilst interacting with the BBC – an obligation we take very seriously. And our ambition is wider too. As a trusted broadcaster, we want children and young people to have an unambiguously positive experience each time they interact with the BBC – a commitment which we will deliver by pushing for the very highest standards in our child protection arrangements.

The BBC reviews its child protection policy as a matter of course if there are relevant changes to the law or the Government issues new guidance. We have chosen to do so again this year exceptionally following the allegations about Savile and others. This report details the recommendations of that review, the progress we have made to date in delivering on these recommendations and our plans for the future where we feel there is more to do.

I am honoured to have been asked to take on overall responsibility, at Executive Board level, for Child Protection across the BBC. Working with colleagues in Divisions and relevant BBC experts, I will report on a regular basis to the Board.

We have already started to consolidate the existing network of child protection managers, and set up a high level steering group ensuring a consistent approach across the BBC. However, there is more to do. And so – looking to the longer term – we have decided to create a dedicated child protection policy role at the centre of the BBC to identify any further actions that may be required, particularly in light of Dame Janet Smith’s forthcoming independent review of the Savile years and the BBC’s child protection and whistleblowing policies.

Overall, whilst a few practical changes to processes to make them stronger and clarification amendments to the policies in place have been made, the main improvements can only result from a cultural reinforcement of the way we live the BBC values. It is the Executive’s plan to work with the whole organisation to implement these cultural changes following the findings of the Respect at Work review.

Trust, and the welfare of those we interact with, are central to everything the BBC does, and we will not rest until we are satisfied that our child protection arrangements represent a gold standard for the future.

Lucy Adams

II. Executive summary

The BBC has always been concerned about the welfare and safety of the children we interact with, and has a comprehensive framework in place to ensure the welfare of children and young people.

The BBC engages annually with around 6 million children and young people through our content and services, and a significant number more directly, in a variety of ways. The applicable laws and regulations, as well as BBC responsibilities, are different in each of the instances outlined above, and we need to ensure that we have appropriate policies and guidelines, and that they are easy to find, understand, and are rigorously complied with.

This report sets out the policies in place, examines how they are implemented, how they are monitored and it sets out the actions taken to strengthen our framework.

The report begins with a consideration of the main legal requirements of relevance to the BBC, and examines compliance with these requirements as well as with best practice, and the lessons learned from our own experience as broadcasters. It notes the complexity of handling the many different areas of legislation and guidance covering child protection, not all of which cover all four nations of the UK and some of which are the subject of recent or on-going amendments.

The paper also considers how the BBC policies are maintained, how they are publicised, and how well they are implemented, including how any child protection issues or incidents are recorded and acted upon. It then summarises the actions which have been taken to improve our monitoring of any incidents.

* *

In the context of child protection, child refers to anyone less than 18 years of age, and young person refer specifically to those over the leaving school age but less than18. In fact, the distinction is not straight forward and there are subtle differences between Nations and types of regulations, for instance on who needs a licence. Whilst the BBC strives to follow rigorously the regulations, our ultimate aim is to protect and help develop children, young persons, but also more generally all vulnerable persons, beyond and above what the legislation requires us to do. (Part III)

There is a variety of ways in which the BBC interacts with children and young people (Part IV):

 as members of our audiences, accessing our programmes, ensuring the content children consume is appropriate  as visitors in our buildings (this could include children of staff)  as spectators to shows organised on BBC premises or on location  as participants in our programmes or activities organised by or on behalf of the BBC  as participants in work experience placements under the National Curriculum  as persons interviewed or filmed in our output, for instance in a news or current affairs programme  as actors, under licence.

BBC responsibilities, as well as the applicable laws and regulations are different in each case, but our paramount duty is to ensure children do not suffer any harm because of their interaction with the BBC. There is no single piece of legislation that covers child protection in the UK, but rather a myriad of laws and guidance that are continually being amended, updated and revoked. In addition, not all laws cover all parts of the UK (England, Wales, Scotland and Northern Ireland) and the legal

systems vary in the different areas. In this context, we need to have appropriate policies and guidelines which apply in all cases and are easy to understand. (Part V.A)

The BBC’s policies and processes around child protection were introduced in 2002 in response to the CRB checking processes which became law and the National Society for the Prevention of Cruelty to Children (NSPCC) contributed to their development. They were regularly updated to bring us in line with current international good practice and regulatory requirements, but also to provide practical guidance to staff. (Part V.B)

The BBC policies have been drafted with due regard to legislation, and support from the NSPCC and local authorities. BBC practitioners but also experts from the NSPCC were involved in the drafting and launch of the Child Protection policy and were key in designing the “Safeguarding the Child” training course, the first version and basis of the current training around “Working with Children”, as well as the Child Protection online course. They continue to be key contacts and advisors. A comparison between the legal and regulatory requirements with the BBC’s approach to child protection, demonstrates that the BBC is compliant. According to the Thane review, (since other broadcasters do not publish their child protection policies), they are in line with the rest of what the sector does. In addition, there are several precautions that the BBC takes that go beyond what is strictly required. These include the Editorial Guidelines for online child protection; the emphasis on referral of suspected abuse; the precautions with regards to contact and communications with children and ensuring that no BBC staff or freelancer is left unaccompanied with children, underlined by the contractual obligation not to bring the BBC into disrepute. However, the two areas that could be strengthened are (a) risk assessment and (b) central recording of all local authorities’ inspections, any complaints and cases. Whilst additional guidance documents to help with child protection issues in the BBC have been provided since 2006, there has not been an overall revision since 2006. A Policy Adviser has now been recruited to review and update all our policies. She started in mid-April and began this review immediately. The policies are easily accessible on Gateway and through bbc.co.uk, enabling people who do not have BBC accounts to access them. However, there was a general feeling that the wealth of information available could be better presented and assembled in the same place, a point which the new Policy Adviser has now addressed. (Part V.C)

At the start of the review, there was not absolute clarity about who had overall accountability for child protection policy across the BBC. This has now been amended, with the Director, HR, taking executive responsibility for this policy, with a mandate to report on its implementation to Executive Board on a quarterly basis. The pan-BBC network of nominated child protection managers has also now been refreshed and strengthened, under the leadership of the Head of Editorial standards, Radio. In addition, a child protection steering group, chaired by the Director, HR, has been set up with the aim of providing high level sponsorship and ensuring that any issues are dealt with appropriately and with the appropriate authority. (Part V.D)

There is a variety of regulators in charge of child protection, which is a devolved matter: in England and Wales it is the overall responsibility of the Department for Education. In Northern Ireland, child protection falls under the responsibility of the Department of Health, Social Services and Public Safety (DHSSPS). In Scotland, it is the Scottish Government who issues guidance to local authorities. Across the UK, local authority children's services are responsible for planning and providing child protection services and they undertake regular inspections. They are the BBC’s main contacts in our dealings with children who contribute to our programmes. In addition, there is a national voluntary body, the National Network for Children in Employment and Entertainment (NNCEE). (Part V.E)

The Child Protection policy applies to those who are contracted (in any form) to work for the BBC (i.e. contracted as an employee, freelancer, agency worker etc.). In addition, our policy states that it is advisable that independent companies working with the BBC have a child protection policy in

place. We provide them with guidance but the content of their policy is their responsibility, and we cannot overstep our role. (Part V.F)

It is essential that relevant BBC staff are duly trained to work with children. The BBC Academy provides appropriates courses, which are compulsory for a number of roles. Overall, compliance with compulsory training looks good; however, we are considering how we could improve monitoring. (Part V.G)

How we comply with our obligations and policies is obviously essential to ensure all steps are taken to safeguard children whenever they interact with the BBC. (Part VI).

One key legal obligation is the performance of checks to assess whether individuals who will have to work with children in certain regulated positions are not barred from doing so. (Part VI.A)

It is also essential that all staff interacting with children have been not only vetted according to the law, but also properly informed on how to work with children. (Part VI.B)

In addition, the child protection policy requires that any children who are either contributors or audience members must be supervised; for those involved in a production, parental consent must be obtained and they must remain under the supervision of a parent, guardian or licensed chaperone. A risk assessment must always be undertaken, and in certain circumstances, the child must be licensed as an actor. There are child protection nominated managers in all areas, able to provide advice and guidance to staff involved in production with children. In addition, we have set up a referral system which ensures that any concern about a child’s welfare – either from a risk outside or within BBC premises, can be addressed by suitably qualified and empowered authorities. Whilst the legal obligations with regards to online child protection are relatively limited compared to television and radio, our Editorial Guidelines apply equally to all platforms, but include specific guidance that is above legal and regulatory requirements. Finally, measures are in place to protect their personal data. (Part VI.C)

Monitoring our compliance with these policies and processes is also very important. (Part VII). One element is to assess whether users find the policies easy to use and fit for purpose and users have said they would prefer to find everything in a one-stop shop on Gateway, an action we have accepted and will be completing by May. (Part VII.A).

Whilst each area tracks and reports incidents and there is a health and safety central register, there is no overall “child protection” register, including, for instance, all inspections undertaken by local authorities with their findings. We have found this is an area where there is room for improvement and expect the Child Protection Policy Manager to make proposals by the Autumn. (Part VII.B). This record could also take into consideration comments made by parents, chaperones or children themselves who get quite often in touch with BBC Children’s (Part VII.C).

Following this assessment, we have taken a number of steps to improve further our policies and practices. In particular, we have reinforced accountability for policies and their implementation and improved our website so that all information and guidance is accessible in a single area. (Part VIII.A). Following the Thane report and the resulting Government’s consultation (Part VIII.B), we have been working with other broadcasters and industry stakeholders to propose that the new legislation pursues two overarching objectives: (a) protecting the welfare of children taking part in programme and content production and (b) protecting broadcasters’ editorial freedom, independence and ability to maximise opportunities for children to participate. We continue to monitor closely the policy developments, and we will implement any regulatory change in due course. (Part VIII.C).

Overall, the analysis of the BBC’s present approach against the legal and regulatory requirements with regards to child protection indicates that it is compliant.

Actions already implemented

Internal Audit concluded that operational procedures are generally appropriate. Processes are in place to ensure children are adequately protected, and there have been no recent major incidents or issues. Whilst not identifying any significant gaps in the policy, Internal Audit highlighted a few areas for improvement, most of which have already been addressed:

1. There was no clear ownership of the Child Protection Policies and the policies were not being regularly reviewed, nor easily accessible in one single document or website. Actions taken  The Director, BBC HR, has taken overall sponsorship for Child Protection at the BBC  A post of child protection policy manager has been created. The newly appointed person, who has a wide ranging experience in the field, is reviewing the policies, and will consider their suitability again following Dame Janet Smith’s report and help implement any recommendations she may make.  The Head of Editorial Standards, Radio (Paul Smith, a child protection expert who represents the BBC on Government and industry discussion groups) has been working with the Gateway team to provide a clear and comprehensive site for Child Protection issues and referrals. Significant changes have already been made, but the work will continue as the policies and processes are reviewed

2. The network of 30 nominated child protection managers across the BBC was not being managed adequately. Actions taken  The Head of Editorial Standards, Radio (Paul Smith) has been given responsibility for reviewing and re-launching the Nominated Managers network. Under his leadership, the revitalised network is now fully operational, with clear responsibilities for nominated managers, an improved system of internal communications and the exchange of best practice through a team- site, and regular meetings.  Specific training for the network has been developed, and has been attended by all nominated managers in April/May.

3. The report noted that the BBC could improve its monitoring of compliance with the training required for people who work frequently with children. Actions taken  Production areas of the BBC have clarified who needs to undertake mandatory training. Also, the BBC’s internal training provider, the BBC Academy, now ensures that Divisions of the BBC have accurate information on those completing mandatory training, records which the Academy then collects centrally and maintains.  Online courses have been reviewed and updated.  The number of face to face courses have been increased  Whilst the BBC cannot take responsibility for independent producers’ compliance with legal requirements, we have offered independent producers the ability to attend our courses and special sessions have been run for comedy and drama independents. Work continues to find a way the BBC can build child protection requirements into new contracts with Indies.

In addition, there are areas where the BBC is working with external partners to enhance confidence in the broadcasting industry’s approach to child protection, both in relation to the transparency and standardisation of policies, and in the reform of performance licensing legislation. This is wide

ranging work, involving the whole entertainment industry, Government, local authorities, child protection groups, and professional bodies. The BBC is represented by Paul Smith.

 The Thane Review on Performance Licensing and Chaperones – which concluded that the BBC’s approach to child protection is similar in most areas to that adopted by other broadcasters and independent production companies – recommended a number of improvements to the relevant legislation. The proposed changes, for which we understand that parliamentary time has not yet been allocated to update the relevant legislation, would require a standard risk assessment to be carried out when children work with any part of the entertainment industry.

 Other work is being undertaken with the Home Office and others to ensure children are protected online. Joe Godwin (Director of Children’s) is representing the BBC.

Dame Janet Smith is now reviewing our child protection policies and processes in the light of the findings of her inquiry of culture and practices of the BBC during the years that Jimmy Savile worked for the organisation, and may suggest amendments.

III. Definition of children

In the context of child protection, child refers to anyone less than 18 years of age, and young person refer specifically to those over the leaving school age but less than 18. However, the distinction is not straight forward.

 Ofcom guidance section 1 deals with fewer than 18s, with key areas of concern for under 10s and those with the greatest media consumption who are 10 – 14 years.  For the purposes of the Editorial Guidelines and unless stated otherwise, a child is someone under the age of 15 years. Young people are those aged 15, 16 and 17. These definitions reflect the Ofcom Broadcasting Code which classifies "Children" as "people under the age of fifteen years". 'Parental consent' is normally required before involving anyone under 16 in our output. However, age may not be the only consideration. In Scotland, the same legislation also applies to vulnerable people.  In addition, our editorial guidelines (1.28 – 1.30) protect not only those under 16 but also those 16-18. They refer to the involvement of children in our programmes, and state that consideration of the child’s welfare should be at the heart of a production and due care should be taken to protect the interests of participants under 18. This duty of care, which includes any potential consequence of involvement on a child, is irrespective of consent from parents, guardians or anyone in loco parentis who may have a vested interest.  The Children (Performance) Regulations 1968, which sets out when a child requires a licence issued by a Local Authority for performing, apply to all children from birth to the end of compulsory school age, at the end of year 11. This date varies slightly depending on the place the child lives : in England and Wales, a child reaches official school leaving age on the last Friday of June of the academic year in which his/her 16th birthday falls; Northern Ireland , the relevant date is the 30th June of that year; and in Scotland, it is the 31st March if the child turns 16 between 1st March and 30th September or the start of the Christmas holidays if he/she turns 16 between 1st October and the last day of February. School leaving age will be raised to 17 but this will have no effect on licensing.

However, whilst we do have to follow the regulations, for instance on who needs a licence, we believe these subtle distinctions are not entirely relevant for the BBC. Our aim is to protect children,

young persons, but also more generally all vulnerable persons, beyond and above what the legislation requires us to do.

IV. The BBC and children – different interactions

The BBC is committed to safeguarding the welfare of children and young people. The BBC works properly with many children and young people every year in a variety of ways and has developed a range of policies and processes to support staff in putting into practice the BBC’s commitment. This applies, though in different manners, to the many ways the BBC may interact with children.

A. As members of our audiences, accessing our programmes, ensuring the content children consume is appropriate.

In this respect the BBC fully acknowledges its position as a powerful medium of influence.

Relevant legislation includes, in particular, Article 10 of the European Convention on Human Rights, Article 27 of the Audio-visual Media Services Directive, and sections 3(4)(h) and 319(2)(a) and (f) of the Communications Act 2003. The BBC's licence fee funded television and radio services aimed at audiences in the UK is also subject to Ofcom Broadcasting code, which applies in particular to Protection of under-18s (section 1 of the Code) and Harm and Offence (section 2 of the Code). The BBC Editorial Guidelines reflect the provisions of the Ofcom Broadcasting Code in these areas.

CBBC and CBeebies continue to be the most watched children’s channels in the UK; Bitesize is used as a teaching aid by many students alongside other BBC Learning programming mainly available online. In addition, children are often the drivers of family viewing which is often not programming aimed specifically for their age group. The BBC therefore complies with the watershed obligations and promotes parental control responsibility. Whilst this is certainly our main form of interaction with young persons, it is not the focus of this report, which will not consider issues related to children consuming our programmes and services.

B. As visitors in our buildings (this could include children of staff),

There is specific guidance for children of staff coming to work, under exceptional circumstances, with their parents. Permission must be obtained from the staff’s line manager, and the children must remain under the direct supervision of their parent/guardian at all times.

C. As spectators to shows organised on BBC premises or on location

The BBC aims to truly reflect the nations, regions and diverse communities we serve, and to involve all sections of our audience in making shows. We want to encourage people of all ages, backgrounds and abilities to apply to participate as members of studio audiences and contributors to programmes, to tour our buildings and to join us at events.

Children are invited into studios as spectators accompanied by a parent, teacher or registered chaperone. Live events such as Radio 1 Teen Awards, “Live and Deadly”, Children in Need Outside Broadcast’s, “Young Musician of the Year” and co–productions with external partners such as National Trust, all attract cross age audiences. Depending on programme content, there could be age limits.

We have strengthened monitoring of our compliance with these limits.

 Our terms and conditions for booking tickets have been made clearer on this point

 We have ensured that the Studio Audiences teams in London, Salford, Glasgow and Belfast were reminded of the need to check the age of participants and to enforce the minimum age rules where appropriate.

 In addition, BBC Procurement has amended the code of conduct sent to all ticketing providers to ensure that they comply with minimum age regulations.

D. As participants in our programmes or activities organised by or on behalf of the BBC

Children are involved in content on all our platforms: they could be the focus of the programme such as “Hero Squad” or voicing generational thoughts “School Report”; they could be showing skill in a Blue Peter interview or in a talent search such as “I’d Do Anything”. Children can also be used as consultants in focus groups on new programmes or as users testing online material.

E. As participants in work experience placements under the National Curriculum

The BBC offers unpaid one week work experience placements throughout the year to give children and young people the chance to observe a range of media career opportunities. It receives in the region of 60,000 applications annually, for around 1,500 placements. The Child protection policy and guidelines apply when the individual is under 18 years of age.

F. As persons interviewed or filmed in our output, for instance in a news or current affairs programme

They could be teenagers filmed for a programme on street gangs, featuring in a documentary on sports at school, or interviewed as Vox pops for news items.

G. As actors, under licence

Children feature heavily in dramas aimed at their age group such as “The Dumping Ground” and “Wolfblood”, both as lead roles and as supporting artists. Many children also appear in various adult genres: Continuing series – “EastEnders”, “Casualty; Serial drama – “ The Paradise”, “Line of Duty”; One offs – “The Secret of Crickley Hall”; Radio – “The Archers” ; Online drama – “E20”. They can also appear in dramatic reconstruction – “Crimewatch”, or in programme promotion trails. We also use children to voice over other children’s words when it is necessary for non-identification purposes.

For these children mentioned in these last four categories, “MyRisks” on Gateway contains specific guidance for Audiences and Visitors aimed at Producers who invite audiences to our programmes or onto our premises. It should however be noted that the purpose of myRisks is to provide guidance on Safety not on child protection. The guidance is relevant for audiences of radio and television programmes, as well as for BBC Events, and also applies to other visitors onto BBC Premises e.g. those who attend open days. This guidance insists on the principle that we have an enhanced duty of care for children and should always regard children as at particular risk, as they are often curious, have a limited sense of danger and can react in different ways in an emergency. It also states that a risk assessment is required, considering in particular whether children are to be present, and if so which appropriate measures need to be taken. To note, children – defined as those under 16- must be accompanied by a parent or guardian. No specific restriction is set for those aged 16 to 18.

For all children appearing on our programmes, as mentioned in D, F and G above, specific care must be taken, in relation to parental consent, identification of children, and possible consequences to the child or young person of his involvement (emotional, in his relations with other children at school, with a parent, etc..). Our guidelines provide advice on these issues.

In addition, under certain circumstances, a child contributing to a programme as an actor may need a performance licence, which is issued by the Local Authority and states the specific arrangements for the child to take part in a performance.

BBC responsibilities, as well as the applicable laws and regulations are different in each case (and are further developed later), but our paramount duty is to ensure children do not suffer any harm because of their interaction with the BBC. We therefore need to ensure that we have appropriate policies and guidelines which apply and are easy to understand for all cases.

In December 2012, following a number of recent findings (one of which related to the BBC2 police drama “Line of Duty”), Ofcom issued a reminder to broadcasters of “the paramount importance” of ensuring compliance with the Code rules on the involvement of people under 18 in programmes. It announced that it would require broadcasters to attend a meeting to discuss the requirements of those rules, and that it was initiating a programme of spot check monitoring of broadcasters’ compliance with them. Appropriately senior members of the BBC Executive will attend the proposed meeting (which Ofcom has not yet convened), and the BBC will co-operate fully with any spot checks.

V. Policies

A. What are the applicable laws?

There is no single piece of legislation that covers child protection in the UK, but rather a myriad of laws and guidance that are continually being amended, updated and revoked. In addition, not all laws cover all parts of the UK (England, Wales, Scotland, and Northern Ireland) and the legal systems vary in the different areas.

Annex 1 sets out the main legal requirements which are relevant for the BBC when working with children.

Whilst we are first and foremost affected by legal requirements to protect children watching our content, this report does not deal with this aspect, as mentioned in the introduction, but focuses on children involved in content-making or coming on our premises.

B. History of BBC policies around child protection

The BBC’s policies and processes around child protection were introduced in 2002 in response to the Criminal Records Bureau checking processes which became law and the NSPCC contributed to their development. It was regularly updated to bring us in line with current international good practice and regulatory requirements, but also to provide practical guidance to staff. Annex 2 sets out the history of these policies.

C. What are the BBC policies currently in place?

The policies, regulations and guidance are: BBC’s Child Protection Policy, the Child Performance Regulations and the BBC Editorial Guidelines.

1. Summary

Set out below is a brief summary of the main points they cover with a short description.

Nominated managers: There are nominated managers in each area/division with special responsibility for the implementation of the policy in their Division and they are the focus for all child protection questions and referrals.

Health and Safety Risk assessments: Health and Safety Risk assessments are required whenever children or young people are involved in programmes or other BBC work – and include a requirement to specify the arrangements that will be put in place for the care and supervision of children and how these will be communicated.

Disclosure and Barring Service (formerly Criminal Records Bureau) and Protecting Vulnerable Groups. CRB) and Protecting vulnerable Group (PVG) – applies in Scotland) checks: DBS/PVB checks apply to anyone whose work regularly involves working unsupervised with children. The default BBC policy is that no-one, staff or freelancer, is allowed to work alone or unsupervised with children until explicit DBS/PVB clearance has been received. NB: before 2002 it was not permissible by law for the BBC to undertake CRB checks. It must be noted that the BBC would not legally be entitled to obtain checks for staff who do not perform regulated activities as determined by the law

Schools and Events and transport/accommodation arrangements: there are specific guidelines aimed at ensuring protection of children involved in productions and events in schools as well as specific arrangements for the transport and overnight accommodation of children/young people.

Child Licensing: Licences are required for children taking part in the majority of performances for broadcast while the child is under the school leaving date. (Children in Performance Act 1968)

Chaperones: Children taking part in a performance must be in the care of a parent, legal guardian or licensed chaperone at all times. Chaperones must be familiar with the BBC’s Child Protection Policy, the Child Performance Regulations and Editorial Guidelines related to children.

Indies: All Indies working with BBC and involved with Children must have a Child protection policy in place (Work is continuing to update contractual requirements in this area).

Children on BBC Premises (other than engaged as part of the programme): Children on BBC premises must be accompanied by a responsible adult e.g. parent, guardian, teacher. If children are part of an audience, there would also be BBC Audience Handlers and in certain instances trained chaperones (e.g. in the Green Room at Children in Need and Radio 1 Teen Awards).

Work Experience: There is a formal work experience scheme via HR Direct. A risk assessment is required if the individual is under 18. In most cases members of staff do not work alone with young people on work experience. If this is not the case, a CRB check would be required.

Editorial Guidelines: Specific sections on working with children, including safeguarding the welfare of children and ensuring that information that could place a child at risk (e.g. identity, location) is not disclosed inappropriately. The guidelines include specific advice that any incident of suspected online grooming must be referred to the CBBC Interactive Executive Management Team (responsible for reporting it to the appropriate authorities).

Training: Half day courses/workshops covering all aspects of child protection and child welfare, including abuse, referral, licensing, editorial guidelines, consent, etc. are available to anyone working

closely with children and are mandatory for all staff in BBC Children’s. The BBC also provides some training for Indies and the BBC Academy training is available externally.

2. How have they been created? Have they been consulted on?

In addition, specific guidance has been created, as it was felt necessary by practitioners to help staff apply the very complex rules around such areas as child licensing. To do so, legal advice was obtained and local Authorities were consulted.

Although there seems to be no formal record of consultation with external bodies prior to drafting the BBC guidance on Safety, the BBC’s new policy advisor will consult with appropriate bodies when reviewing the current policies.

3. Do they follow best practice? Legal requirements?

The table below, which compares the legal and regulatory requirements with the BBC’s approach to child protection, demonstrates that the BBC is compliant.

Legal & regulatory requirement BBC approach

 Staff should have an easily accessible source of The BBC has a child protection policy, guidelines on clear information on working with under working with children and editorial guidelines. Online eighteens [Ofcom Guidance] and classroom-based training courses are provided as well as designated points of contact in every division; all staff from CBBC, Children in Need and BBC Learning are required to attend a half-day workshop on the child protection policy.

 Broadcasters should develop documented The BBC complies with this requirement. guidelines for working with under eighteens [Ofcom Guidance]  By law, every employer is required to make a Our approach to Risk Assessment closely matches the sufficient assessment of the risks to the health regulatory requirements. Face-to-face and online and safety of those in their employment and training courses are available on risk assessment those in connection with the conduct of that alongside a Safety Advice line for further queries, with employer with specific criteria for young people separate guidance and forms to complete before [Management of Health and Safety at Work programmes. When a child is contributing to a Regulations 1999] programme, this is considered in line with regulatory  Appropriate background checks should be requirements and is then sent to the child contributor’s made on under-18s social, family, health and parents / guardians, and in sufficient time for them to be educational circumstances –covered by a risk able to feed back any comments prior to their coming assessment. [Ofcom Guidance] on location.

However, an initial assessment of the available resources – the Working with Children Guidelines, risk assessment guidance, and the Child Protection Policy – suggests that we could potentially address considerations of the child’s circumstances with greater

clarity.

 Consent should normally be obtained for The Editorial Guidelines advise that the BBC should under-16s from a parent, guardian or other normally seek ‘parental consent’ (meaning the informed person over-18 or in loco parentis [Ofcom consent of a parent, legal guardian, or other person Guidance] aged 18 or over acting in loco parentis, such as a Head Teacher).

The Audience Connection Guide requires staff should have the informed permission of parents / guardians for the activities (confirmation letters and consent forms).

 Provide a single point of contact for the The Working with Children guidance advises that ‘it is participant to be able to liaise with, who is given sensible to provide a single consistent point of contact responsibility to oversee their welfare; ‘it may with whom the participant and parents/guardian are also be helpful for parents or guardians to have able to liaise with throughout production’, in addition access to this contact’ [Ofcom Guidelines] to chaperones.

 If a child is to perform in a programme, then The BBC’s guidance on chaperones requires that under- broadcasters have legal obligations with regard 18s who are either contributors or audience members to obtaining a licence and chaperone to ensure must be supervised. For those under 16 involved in a that at all times there is a suitable person production this will mean that they must be responsible for the child’s welfare, and that it is accompanied by a parent, guardian or licensed clear at any time who that person is [1963 Act chaperone. and 1968 regulatory guidelines]

. Organisations that intend to employ a person Positions for all contracts that involve regular contact for a role that involves working with children in with children are subject to CRB checks (and a voluntary or employed capacity are Disclosure Scotland) that provide a disclosure service. encouraged to request a criminal record check. Individuals that begin work prior to checks are By law, child care organisations and schools prohibited from working alone or unsupervised with must refer. The Disclosure and Barring Service children or vulnerable adults until the satisfactory check (DBS) – created in December 2012 from the has been received. Until cleared by these checks, merger of the Independent Safeguarding members of staff are also prohibited from management Authority and the Criminal Records Bureau – of individuals working with children. maintains a list of individuals barred from working with children. [Criminal Justice and Court Services Act 2000 and Safeguarding Vulnerable Groups Act 2006]

. The Data Protection Act 1998 The BBC complies with the Data Protection Act 1998. The Editorial Guidelines also specify that care should be taken not to inadvertently create a ‘jigsaw effect’. The Guidelines advise that first name and the name of a large town or school should be enough information for broadcasting, and that surnames should not be used for under 18s – it also advises to be aware of background location details when filming with child contributors.

The Child Protection Policy stresses the importance of taking due care with children’s information, and erasing their details as soon as possible.

There are several precautions that the BBC takes that goes beyond what is strictly required. These include the Editorial Guidelines for online child protection; the emphasis on referral of suspected abuse; the precautions with regards to contact and communications with children and ensuring BBC staff are not left unaccompanied, underlined by the contractual obligation not to bring the BBC into disrepute.

However, the area that it appears could be strengthened is risk assessment. The BBC’s approach to risk assessment matches the requirements as set out in the legislation. However, an initial review suggests that it could potentially be strengthened to reflect Ofcom’s Guidance on taking account of the child’s individual circumstances. The BBC and other broadcasters have previously argued for a standardised approach in this area in response to Thane, and this is explored further in the next section. In addition, it would be necessary to ensure that child protection issues are also considered. These are issues which the BBC’s Child Protection Policy Manager is taking forward.

4. How do they compare with other broadcasters ‘policies?

According to the Thane Review, other broadcasters’ internal guidelines and management arrangements are similar to the BBC’s. However, the initial observation is that of the major broadcasters, PACT and BECTU, only the BBC has published its Child Protection Policy. Given the relationships involved with parents, local authorities, schools and other external policies, the greater level of transparency is an important differentiator, not just because of the BBC’s funding and constitutional arrangements, but also for the success of the child protection policy.

Channel 4 has its own guidelines on ‘Working and Filming with Under 18s’ for the use of programme makers, content producers and editorial staff. It is unknown what training is in place for staff, or whether these guidelines cover only directly programme-related activity by the broadcaster’s staff. However, they are understood to reflect Channel 4’s best practice procedures, the Ofcom Broadcasting Code rules and Guidance and the main areas of law that apply to the making and broadcast of programmes involving under 18s. Channel 4 has said that the Guidelines are intended as a starting point and are not a substitute for seeking early advice and guidance from the commissioning editor and / or Channel 4 programme lawyer – who may be assumed to be the key points of contact for the practical implementation of child protection.

In their response to the Government’s consultation on licensing, Channel 4 and PACT both recommended a more consistent approach to licensing, as have we. Recommendations included: • A standardised licensing decision process. • A standardised licensing application form, as proposed in the consultation. • A standardised risk-assessment form.

• Guidance for local authorities in how to undertake their licensing duties and for producers in completing their application / risk-assessment.

Channel 4 considers that ‘the biggest move towards greater consistency could be achieved by the development of an intelligent risk-assessment form that was available to be completed by the producer online. On the basis of this risk assessment, the system could automatically indicate whether a licence was not required (i.e. in low-risk situations) and where a licence was required from the local authority. Channel 4 has also recommended that risk assessment is standardised and include the following considerations:  the type of filming  the nature of the programme  the needs of the child  the age of the child  the pre and post-broadcast impact on the child  general health and safety matters  the psychological needs of the child and family; and  working with the school and / or any other appropriate agency or body (e.g. a church or youth group) to clarify risk assessment requirement.

These criteria are much more focussed on the broadcasting environment than the BBC’s present risk assessment approach, which closely matches regulatory guidance. In particular, it adds the considerations of the psychological needs of the child – and combines a recognition of technologies that have become more pervasive since the Health and Safety Guidelines were published in 1999 i.e. the growth in on-demand services and platforms providing short and easily user-edited clips, to consider the post-broadcast impact on the child.

These recommendations on risk assessment with the revised criteria are also reflected by PACT (who also have a code on working with children – access is restricted to members), who have also stated they wish to see the standardised approach implemented.

The call for a standardised approach to risk assessment, licensing and chaperones matches our own response to the Government’s consultation as well. We suggested to the Government that “consistency across the country is a key issue, and is one of the main problems with the current legislation. We believe much could be achieved by standardising process and application forms, but real progress could be made by designing an intelligent risk assessment form and placing it online. Well written guidance and very clear guidance will help too”.

5. When have the BBC children policies last been reviewed?

Whilst additional guidance documents to help with child protection issues in the BBC have been provided since 2006, there has not been an overall revision since 2006. A Policy Adviser has now been recruited to review and update all our policies. Tis work is underway and will be completing following Dame Janet Smith’s recommendations.

6. Are they easy to access?

The policies could be found on Gateway (People Policies, myRisks, BBC Children’s site) and through bbc.co.uk, enabling people who do not have BBC accounts to access them. However, there was a general feeling that the wealth of information available could be better presented and assembled in the same place. Since the interim report the website has been simplified, to ensure only the latest information is presented, and that it comes up with a simple gateway search. It will be fully

reconstructed following the review of policies, to create a one stop website containing all relevant information on interacting with children at the BBC. The Policy Adviser has pursued this as a matter of priority as part of her work and has reviewed the website; further amendments will be made as appropriate in in the light of Dame Smith’s recommendations..

D. Who is accountable for implementation of the policies?

The pan-BBC network of nominated child protection managers has now been refreshed and strengthened, so that there is in each area a named, dedicated individual with special responsibility for the implementation of the policy in their Division and ability to respond to all child protection questions and referrals. The network now meets every month/quarter, under the leadership of the Head of Editorial Standards, Radio, and a team site has been created to give any update and exchange best practice.

In addition, a Child Protection Steering Group, chaired by the Director, HR, meets every quarter, with the aim of providing high level sponsorship and ensuring that any issues are dealt with the appropriate authority. Annex III contains the composition and terms of reference of this group.

The role of Children Senior Advisor, who sits within Editorial Policy with a line into People Policy and the Academy, will continue, focusing on training for, and advice to content makers working with under 18s. But as set out above, another role has been created, in charge of reviewing policies and monitoring their implementation.

E. Are there external regulators controlling our compliance?

Child protection in England and Wales is the overall responsibility of the Department for Education (DfE). The DfE issues both statutory guidance to local authorities (which must be followed) and non-statutory guidance (which the DfE suggests local authorities follow). Local authorities use this guidance to produce their own procedures which should be followed by practitioners and professionals who come into contact with children and their families in that particular local authority area. In England and Wales, Local Safeguarding Children's Boards (LSCBs) ensure that the key agencies involved in safeguarding children work effectively together in safeguarding and promoting the welfare of children at the local level. LSCBs were put on a statutory footing in England in April 2006 and in Wales in October 2006, replacing the non-statutory Area Child Protection Committees (ACPCs). Their core membership is set out in the Children Act 2004, and includes local authorities, health bodies, the police and others. The National Assembly for Wales also increasingly produces its own guidance for local authorities within Wales as it devolves further from Westminster.

In Northern Ireland, child protection falls under the responsibility of the Department of Health, Social Services and Public Safety (DHSSPS).

In Scotland, it is the Scottish Government who issues guidance to local authorities.

Across the UK, local authority children's services are responsible for planning and providing child protection services. They are the BBC’s main contacts in our dealings with children who contribute to our programmes.

There is also a national voluntary body, the National Network for Children in Employment and entertainment (NNCEE). The NNCEE which provides advice and guidance to its membership, which is predominantly, but not exclusively, made up of specialists from local authorities. They have a direct contact link into the Department for Education team working in the area of children in employment and children in entertainment.

Local authorities undertake regular inspections. However, we do not hold a central record of inspections, which we will be creating.

F. Scope of our policy

The Child Protection policy applies to those who are contracted (in any form) to work for the BBC (i.e. contracted as an employee, freelancer, agency worker etc.).

In addition, all BBC Children’s Indies have to have a Child protection policy in place. We provide them with guidance but the content of their policy is their responsibility.

Our current guidelines state that “It is advisable that independent companies making programmes for the BBC which involve working with under eighteens should have their own Child Protection Policy in line with the BBC's own policy. This applies both for companies who are making children's programmes but also those making adult programmes that involve children.” They also state “It is also advisable that independents should have a named manager for child protection referrals and advice.”

As set out above, we have offered to indies, as an option, some training. We are also considering how we can strengthen our requirements on independent producers, whilst not overstepping our role and their independence.

G. Are relevant staff appropriately trained to work with children? How is compliance monitored?

The BBC Academy provides two courses around “Working with Children”. The first is an online course that is a presenter-led guide to protecting both the children who come into contact with our employees at work and themselves professionally, and is for everyone in the BBC including members of staff who do not normally work with children but who might come into contact with children in the course of their work. The second is a half day face to face course on the practicalities of working with children in whatever role within the BBC, giving the delegates correct and appropriate information on the BBC's Child Protection policy through both video and face to face. An awareness of what constitutes child abuse is necessary to protect both the child and the BBC employee and it is important to have knowledge of the BBC's referral process.

Also mandatory in Children’s for all those on a Mandatory Training Master Jobs list (continuing contract, freelancers or casuals) is the CBBC Child Protection Workshop, a half day course designed to help CBBC staff understand the BBC Child Protection Policy. The programme explores child protection issues, the roles and responsibilities of individuals and looks at the CBBC referral process if a member of staff suspects abuse or an allegation of abuse has been made.

The BBC Academy also provides online training, available to all staff. It includes three 15 minute editorial standards courses about Children and Young People as Contributors, focusing on Children in Drama, Informed Consent and Safeguarding the Welfare of under 18s.

In order to fulfil their mandatory training requirements, those who are identified by their line manager as likely to work with children are required to complete the “Working with Children” online module or the “Child Protection Workshop”. Across the BBC there are 1,637 people who

fall into this category, of which 1,508 (92.4%) have completed the required training as at 28th May 2013 and 129 are either in progress or are yet to start.

It is BBC policy that only those who have completed the required training will work with children, and those who are required to do so receive a personal reminder through the Academy website on the BBC’s intranet. Given the turnover of staff, at any given point all mandatory courses will have less than 100% completion rates.

Please note that the above figures relate only to those in staff roles, because we are unable to centrally track mandatory training compliance at a corporate level for the following groups - freelancers, casuals, contractors, on-air talent, and international staff. For these groups divisions are required to track compliance at a local level.

VI. How are these obligations implemented?

A. DBS/PVG Scheme Checks

A Disclosure and Barring Service (DBS) (formerly known as CRB) check can reveal a person’s convictions, cautions, warnings, reprimands and other police intelligence. Normally, once a conviction is ‘spent’ the convicted person does not have to reveal or admit to its existence. However, in the context of working with children or vulnerable adults in the circumstances set out below, organisations are legally entitled to ask for details through the DBS in England and Wales of convictions irrespective of whether they are ‘spent’ or ‘unspent’.

Whenever a role could involve working with children or vulnerable adults, the line manager needs to undertake a risk assessment. As part of this, the line manager must consider whether the role falls within the criteria under which the BBC may apply for a DBS check and what other protections can be put in place.

The relevant area of gateway (reviewed and updated) is presented in Annex IV and gives further details on the regulations.

The BBC is committed to ensuring that no member of staff who requires, and for whom it is legally possible to obtain, a check actually works with children before the check has been completed. In December, we noted that the system worked but that it could be improved, in particular by the following measures:  strengthening and documenting the responsibilities of the lead DBS representative, thus ensuring consistency across the BBC  making it easier to track the DBS process  ensuring line managers are fully aware of the need for employees not to start working with children until a satisfactory DBS checked is received

This has now been done.

 The roles and responsibilities of the DBS Lead rep, including communication of the child protection policy to line managers and reviewing and challenging HR Direct reports, have been updated, as part of a wider document which outlines all of the roles associated with child protection/working with children.

 To ensure everyone was fully aware of the rules, managers have been reminded of their obligation to ensure that staff remain on restricted duties until the checks are completed. In addition, a process to carry out regular sample checks against new starters who came into

their role before their checks were completed to ensure that restricted duties were in place has been drawn up, tested, revised and retested.

 The message is getting through, but the monitoring is still not straight forward for people who are not on staff contracts. We are actively pursuing ways of improving it.

B. Staff interaction with children

At BBC Children’s, any new on-screen talent appearing in CBBC and CBeebies content must meet with the in-house Executive Producer, Genre Head (or the Executive Producer for an independent production) to discuss their responsibilities and receive guidance to protect the safety of children and the BBC’s reputation. A form must be completed that registers any training requirements, confirms that the new presenter has been taken through the Working with Children Good Practice Guide, and that they are reminded of their contractual obligation not to bring the BBC into disrepute.

The Audience Connection Guide includes guidance on BBC Children’s staff interaction with children and young people. Its requirements include the following:

 Staff should have the informed permission of parents / guardians for the activities involved (confirmation letters and consent forms).  Staff should never enter a room where children and young persons may be changing their clothes or may not be fully dressed.  Staff should avoid physical contact (it warns that innocently intended contact such as a hug for a distressed child could be easily misunderstood), and if contact is necessary (e.g. for make-up) then a guardian / chaperone must be present, with all doors kept open and within hearing of others. The Child Protection Policy advises when a child comes to a BBC individual or is in distress to act responsibly and in public.  The Audience Connection Guide also warns to be aware of continuing a relationship or communication beyond the recording / event. However, it says that ‘it is sensible to provide a single consistent point of contact with whom the children and young person and their parents / guardian, are able to liaise with throughout production.  Prior to visiting a school, the Child Protection Policy requires BBC staff to write to the school to say that the BBC has a policy in place, explain that BBC staff will not ask for the personal details or contact details of any young person or offer their own details.

The Child Protection Policy states that BBC individuals must not be placed in a caring or supervisory position, without the express agreement of all parties which has been made in advance of the visit or event. It requires clarity with external organisations about what is expected of them (BBC staff not to be left unsupervised for example), and planning so that BBC representatives will not face unsupervised contact (it advises that if this does happen, then the BBC representative should be confident to ask for help).

C. Children’s appearances in content: chaperones, parental consent and risk assessment

The Child Protection policy requires that any children under 18 who are either contributors or audience members must be supervised. For those under 16 involved in a production this will mean that they must be accompanied by a parent, guardian or licensed chaperone. Children must be under the supervision of the chaperone at all times (including transport and overnight) until they are handed over to the care of a parent or other authorised adult who will accompany them to their homes.

Parental consent is important for safeguarding the responsibility of parents for their children. The Editorial Guidelines advise that the BBC should normally seek ‘parental consent’ (meaning the informed consent of a parent, legal guardian, or other person aged 18 or over acting in loco parentis, such as a Head Teacher).

The BBC’s approach to Risk Assessment closely matches the regulatory requirements. Face-to-face and online training courses are available on risk assessment alongside a Safety Advice line for further queries, with separate guidance and forms to complete before programmes. When a child is contributing to a programme, this is considered in line with regulatory requirements and should be then sent to the child contributor’s parents / guardians, and in sufficient time for them to be able to feed back any comments prior to their coming on location. However, it appears there were instances where this was not done, for instance to maintain the surprise effect for children.

1. Licensing system

Under certain circumstances, a child contributing to a programme as an actor may need a performance licence, which is issued by the Local Authority and states the specific arrangements for the child to take part in a performance. A child must be licensed if they have performed for more than four days in the past six months, are being paid to take part in the performance, or requires absence from school to take part in the performance. In addition, certain criteria must be fulfilled for a show to be classed as a performance: it is taking place on licensed premises, it is being broadcast, filmed or recorded for public exhibition, or is in connection with which a charge is made (even if no charge is made for admission). Note these criteria are not cumulative. The licence applicant must be someone who is responsible for the production in which the child is taking part e.g. Producer, Director etc.

It should be noted that the licence is a legal document but is widely considered by BBC and industry practitioners as insufficient and not fit to ensure child protection.

2. Staff awareness of safeguards: training and points of contact

The main point of contact for staff is provided by the divisional child protection nominated manager who has special responsibility for the implementation of the child protection policy in their division (in addition to their full-time role). They are tasked to (1) ensure awareness of the policy; (2) being the point of referral for any productions and events involving child and young persons and ensuring child protection in their area; (3) liaising with the DBS lead representative / Disclosure Scotland signatory in their division to advise which positions require DBS/ Disclosure checks, or the BBC Personal Disclosure Form; (4) being the point of referral for individuals who, during the course of their work, believe that a child may be at risk of harm, and / or are told by a child or young person of a child welfare issue; and / or believe a person may pose a risk of harm to a child, and (5) maintaining a record of any child protection issues arising. It is the designated manager’s responsibility to ensure that child protection matters are communicated in their division.

Child protection managers meet every quarter, where policy updates, guidance updates and other practical issues are discussed.

Training programmes are running to inform staff about the BBC’s child protection policy. The Academy runs both a classroom-based and online training course on Working with Children; this outlines the BBC’s Child Protection policy, the referrals process and definition for abuse, and the policy’s day-to-day application. Online courses are also run on Children & Young People as Contributors and Informed Consent for productions.

3. The referrals process

The referrals process for staff is essential for ensuring that any concern about a child’s welfare – either from a risk outside or within BBC premises, can be addressed by suitably qualified and empowered authorities.

The Editorial Guidelines require that ‘in the course of our work if we suspect a child or young person may be at risk, or we are alerted by them to a child welfare issue (including allegations against BBC staff) the situation must be referred promptly to the divisional manager with responsibility for the Child Protection Policy’.

If a member of staff believes a child is at imminent risk, they are advised to contact local social services and / or the Police. Otherwise, the referrals process (a separate document on the intranet site) advises them to notify the production executive and seek to clarify the concerns; in turn, the production executive will alert the Head of Production and record the information. The Head of Production will then decide a course of action and keep the Head of Unit informed; the course of action may involve contacting social services, child protection agencies or the Police. Alternatively, they may complete a Child Protection Incident Form (also on the intranet site).

The Editorial Guidelines requires that if a BBC person finds that images or video of child sexual abuse have been uploaded or emailed or otherwise sent by a member of the public to a BBC electronic space, they should contact the CBBC Interactive Executive Management Team, who will be responsible for reporting it to the Child Exploitation and Online Protection Centre. The BBC person should not delete, save or forward the material until advised by the relevant agency; they should also make their nominated Child Protection Policy manager aware of the incident. If a BBC person finds such material on a non BBC space, they should report it direct to the Internet Watch Foundation.

The BBC’s Child Protection Policy also advises that should BBC individuals become concerned about the welfare of a child whilst on a school visit, they should share that concern with the school’s designated child protection teacher, who will follow locally agreed procedures. Alternatively, the policy advises that they may also contact their division’s designated child protection manager.

4. Online provisions

The legal obligations with regards to online child protection are relatively limited compared to television and radio, beyond legislation such as the 1978 Protection of Children Act and the 2003 Sexual Offences Act. A discussion has been taking place during the Government’s consultation into licensing as to how online should be approached. The Editorial Guidelines apply equally to all platforms, but include specific guidance that is above legal and regulatory requirements:

The Editorial Guidelines provide clear guidance on the BBC’s position with regards to online forums as below:

 Spaces designed to appeal to children and young people should be pre-moderated; any proposal to use any other form of moderation for children and young people will need to be able to demonstrate that it offers a high level of child protection and must be referred to Editorial Policy.  Any proposal to use any form of moderation, other than pre-moderation, in online spaces which publish pictures or video from members of the public must be referred to Editorial Policy.  Moderators of sites for children and young people, and sites which are aimed at or likely to attract them, should have appropriate police checks and be recruited, trained and supervised as appropriate for working on such sites.

 People who are editorially responsible for moderators and hosts will need to assess the risk to children and young people based on: the moderator’s opportunity for virtual contact; how far the moderators are in a position of trust and authority, and the access that moderators have to users’ personal information.  The Editorial Guidelines advise against private online spaces where strangers can routinely meet and exchange personal information – any proposal must be referred to the Director of Future Media and Editorial Policy.  They require that any suspected online grooming must be referred to the CBBC Interactive Executive Management Team who will be responsible for reporting it to the appropriate authorities.

5. Personal data

The BBC complies with the Data Protection Act 1998. The Editorial Guidelines specify that care should be taken not to inadvertently create a ‘jigsaw effect’ i.e. revealing several pieces of information in words or images that can be pieced together to readily identify where a child might be found. The Guidelines advise that first name and the name of a large town or school should be enough information for broadcasting, and that surnames should not be used for under 18s – it also advises to be aware of background location details when filming with child contributors.

The Child Protection Policy reiterates the importance of taking due care with children’s information, and erasing their details as soon as possible.

VII. Monitoring

A. Do users find policies easy to use and fit for purpose?

There is a general feeling that available guidance is helpful; the ability to complete forms online, for instance the risk assessment is valued. However, the following comments were often made:

 The regulations themselves are complex and unfit for purpose – a concern that the BBC has tried to address through its work with Government on the reform of child protection and licensing regime.  There were too many different guidelines, in different places, including specific departmental guidance. An overhaul of the presentation of all the documents relating to child protection was necessary and is ongoing. In particular, further clarity on what is mandatory or what is discretionary, depending on circumstances, was felt important.

B. How do we track incidents and what are the data available?

There is no overall “child protection” register. All health and safety incidents have to be recorded using an online incident reporting system. Since the start of this system, in 2007, around 7000 incidents of all sorts have been recorded. Whilst there is no specific way of recording that the incident involves a child, we have looked at the description of the incidents in the database, searching for these words: Child; Baby; Babies; Chaperone; Teenager; Young. There are 129 such entries cases; 4 involve adults, 7 are not really related to the BBC (e.g. a 10 year old girl fainting outside a theatre whilst waiting to get to a BBC show, or two young boys entering without authorisation in a BBC property and being reported by a member of staff), out of the 118 remaining

cases 116 involve children tripping over/banging heads/noses etc…either without any injury or very minor bruises; in the two remaining cases , a child broke a tooth whilst running into another child during a playtime between rehearsals, and another one suffered a crack to a bone in her chest. This was assessed by her GP and was not expected to cause more than discomfort for a few days.

It should be noted that there is no certainty that the system records all incidents though it is likely that serious incidents will be on the database. In a number of cases, a case is registered as “notified”, –indicating that the report was never “signed off” by a manager, whether they did not look at it or did not record that on the system. This means that the existing process, whereby a member of the safety team goes through the database of incidents every week and highlights incidents previously reported which have not yet been reviewed by managers needed to be improved, which is being done. Whilst the list of incidents is sent to members of the BBC Safety Committee who have line managerial responsibility for safety within their divisions, we are looking into our system ways of sending an automatic reminder sent to managers to request them to confirm they have duly considered any lessons to learn from the incident.

In addition, we note that there is no central register of inspections undertaken by local authorities, something that the child protection nominated managers will create.

There is definitely room for improvement in centralising the incidents which are not “safety” related. The BBC’s Chid Protection Policy Manager will look at this alongside risk assessment.

C. Do we seek children’s, parents’ or chaperones’ views?

Again, there is no system to seek or centralise any comments made by children, parents or chaperones of their experience whilst contributing to a BBC programme, nor responses given to them, which is something we should consider.

However, children as audience often get in touch with BBC Children’s. Below are rough estimates of contacts received on a weekly basis  CBBC Presentation : Emails 3500 Letters 250  Blue Peter Emails 100 Letters: 70  CBBC Online Emails 70 – 100 These emails and letters are responded to, but there is no central record or analysis of their content for instance to determine trends.

VIII. Actions taken and next steps

A. The BBC policies themselves

A comparison of the BBC’s present approach against the legal and regulatory requirements with regards to child protection indicates that it is compliant. The Thane review on licensing and chaperones considers the BBC’s approach to be similar to that adopted by other broadcasters and the independent production bodies.

However, we found some measures would be most useful so that we can fulfil Ofcom’s guidance on ‘an easily accessible source of clear information on working with under eighteens’.

a) Reinforcing accountability for policies and their implementation Under the Director, HR’s sponsorship, there is now very clear overall ownership of child protection related matters at the BBC. In itself, this decision has already brought many benefits.

A post of child protection policy manager has been created. The newly appointed person, who has a wide ranging experience in the field, is undertaking an overall review and refresh of our policies. She will ensure that they are updated when necessary and presented in the most useful way for BBC practitioners, across the board. Dame Janet Smith is now reviewing our policies and practices. Following her report, the BBC she will consider again suitability of our policies and help implement any recommendations she may make. b) The status and the range of guidance The Head of Editorial Standards, Radio (Paul Smith, a child protection expert who represents the BBC on Government and industry discussion groups) has been working with the Gateway team to provide a clear and comprehensive site for Child Protection issues and referrals. Significant changes have already been made, but the work will continue as the policies and processes are reviewed

The website is now a one stop shop on the BBC’s intranet that contains all the information and guidance relating to child protection, including the Child Protection Policies, Working with Children Guidelines, Audience Connection Guide, DBS/PVC checks, risk assessments, guidance on chaperones etc. A main task of the new policy advisor will be to ensure the content is as accurate and easy to use as possible. c) Availability of advice and guidance across the BBC The Head of Editorial Standards, Radio (Paul Smith) has been given responsibility for reviewing and re-launching the Nominated Managers network. Under his leadership, the revitalised 30-experts strong network is now fully operational, with clear responsibilities for nominated managers, an improved system of internal communications and the exchange of best practice through a team-site, and regular meetings.

Specific training for the network has been developed, and all nominated managers are completing it. d) Availability of advice and guidance across the BBC The interim report has noted that the BBC could improve its monitoring of compliance with the training required for people who work frequently with children.

Production areas have now clarified who needs to undertake mandatory training. Also, the BBC’s internal training provider, the BBC Academy, now ensures that divisions have accurate information on those completing mandatory training, records which the Academy then collects centrally and maintains. The content, availability and public of courses has also been reconsidered. Online courses have been reviewed and updated. The number of face to face courses have been increased.

The BBC cannot, nor should it, take responsibility for independent producers’ compliance with legal requirements. However, we have offered independent producers the ability to attend our courses and special sessions have been run for comedy and drama Indies. Work continues to find a way the BBC can build specific child protection requirements into new contracts with Indies.

Internal audit will undertake a review of progress towards the end of the year.

B. The Thane report

Apart from the reforms on data protection being considered and the agreed changes to disclosure / barring referenced above, the two key areas where discourse on reform has focussed recently have been on child performers and a suggested legal duty to report suspected abuse.

A report commissioned by the previous Government on child performance regulation was published by Sarah Thane in March 2010. The report concluded that ‘the system of licensing child performance needs urgent and radical overhaul and re-balancing’. Highlighting the range of evolutions that have taken place in media production since the 1960s, the report identified key issues including a lack of clarity as to what should be licensed and what should not; the degree of complexity and bureaucracy (‘there are no standard forms, and there is mixed use of modern technology – email forms, online applications’); a ‘postcode lottery’ where resourcing and administration by local authorities is ‘inconsistent’ and ‘some production companies purposely did not recruit children from certain local authorities as their licensing arrangements were so inadequate’. In conclusion, Thane made recommendations including:  A greater professional status for chaperones, including a nationally agreed criteria developed for the role and national training requirements  A system of inspection and enforcement by local authorities that is targeted and proportionate to risk  Definition of ‘performance’  All employers of child performers should regularly benchmark their child performance procedures and protections against industry best practice  The Government and key stakeholders should work together to promote a shared understanding of the issues, requirements and benefits in relation to engaging children in performances.

In May 2012, the Government launched a consultation with a deadline for responses of August 2012. It sought views on a range of issues regarding child licensing and chaperones, including:  proposals to streamline the licensing process for children to take part in professional productions;  whether the maximum number of children that a chaperone can be responsible for should be reduced;  removing the requirement for chaperones in the amateur sector to be approved by the local authority  greater clarity on when a licence is required for a child to take part in a performance, and whether this should include paid modelling

In October 2012, the former Education Minister Tim Loughton (reshuffled to the backbenches in September 2012) announced that he would be introducing a Private Member’s Bill to ‘see if we can get this stuff into law to make sure that everybody is following the rules, that we’ve got good quality child protection happening in all sorts of TV, film, panto, on the stage, so that children are safe’. He said that he had been ‘frustrated’ that the reforms had not yet been brought forward. Later that month, the Shadow Education Secretary Stephen Twigg said that Labour would be ‘prepared to work on a cross party basis with both Government and other backbench MPs as necessary to develop appropriate measures to protect young people working in … media and entertainment industries … it must be a priority … there is a clear need to ensure that the regulations … are fit for purpose …’.

The Education department has said that it is still considering its position; broadcasters and others will continue to lobby for changes.

Recent events have also initiated some public discussion around whether mandatory reporting of child abuse should be introduced in the UK. This is a system currently in place in the US, Australia

and Canada; these are explored as case studies in an NSPCC policy paper here. So far, however, these calls have mainly been made by campaign groups such as the Children’s Rights Alliance as opposed to a major political party.

C. The BBC’s response to these consultations

The BBC has welcomed the contents of the consultation document. Indeed, the BBC has been working jointly with other broadcasters and producers, in particular Channel 4 and PACT, and has also been working closely with the Department for Education for around two years on changes to the system. DCMS and Ofcom have also accepted our views that the current regulations are hard to understand, very restrictive, complex, unevenly applied by local authorities, and can limit opportunities for children. Worst of all, the current system does not, in itself, protect children from exploitation or harm. Some parts of the legislation are so badly in conflict with other parts, that they have to be ignored to allow normal business to continue.

During the process, we have proposed that the new legislation should pursue the following objectives:  Protecting the welfare of children taking part in programme and content production  Protecting broadcasters Editorial freedom and independence  Maximising opportunities for children to participate  A simple system which is proportionate and consistent across the country  A future proof system which is not tied down by genre definitions and reflects the needs of the new media.  Speed, ease of use, and cost neutral.  Removal of unnecessary regulation, and as far as possible, the same regulations applied across the industry, including theatre and film.  Improvement in the professional status of chaperones and the simplification of tutoring arrangements.  Standard application forms across the country. All electronic, and online if possible  An acknowledgement that broadcasters are already very heavily regulated compared to other parts of the entertainment industry, and that duplication of the OFCOM code/guidance and BBC Editorial Guidelines/guidance is unnecessary, as these already lay down a framework for the protection of children.

We are broadly happy with the consultation proposals. In particular, we welcome:

 The shift from defining programme genre and platform, to an early risk assessment of the hazards a child might face through participation. That would mean that in general, any activity which is contrived for dramatic or editorial effect would require a licence, and where a child is simply doing what they would do in everyday life, would not need licensing: this would cover Vox pops, simple interviews, true observational documentaries, whilst any constructed programme (reality TV, factual entertainment, entertainment, drama, comedy and talent shows) will fall into the licensing regime.  The change of focus in the system for licensing: in practice, when it is proposed children will be used in a production, the relevant production management department will undertake a full risk assessment using a standard risk assessment template, which will identify all the risks involved, and the mitigations associated with them. This will have specific parts for safety, and specific parts for child protection, to be filled in by the relevant staff members, enabling all elements of the child protection requirements to be in one place, but dealt with by the experts.

 The standard template which will highlight when an activity requires a licence and the local authority (LA) will issue one on the basis of adequate mitigations. The LA will then have the right to inspect productions, and check the promised mitigations have been put in place.  The use of a blanket licence for large numbers of children on one programme  The fact that LAs will now have the responsibility for licencing children working abroad, rather than having to apply to a court as is the case today.

There are still, however, some elements which should be improved, as was mentioned in our response to the consultation in August 2012.  Whilst the Government has acknowledged the need to promote our editorial independence and freedom, it is stated that Local Authorities will have the final say on the issuing of a licence, and that they must be provided with a synopsis of the programme. This is a real danger, given previous demands from LAs for script approval. Ofcom are supportive of our position on this, as are the DCMS.  The simplification of working hours is welcome, although using children under 9 years of age could be made more difficult.  There is still no guarantee local authorities will have a consistent approach  There are also some over-complex differences in process between those activities when children are paid and when they are not. Whether a child is paid or not shouldn’t be a factor in how much protection they get.

It is essential that we continue to monitor closely the policy developments. Of course, we will implement any regulatory change in due course.

ANNEX 1: What are the applicable laws?

1. Protecting children involved in content-making

Under the 2003 Communications Act, Ofcom is in charge of drawing rules to protect children involved in content-making. Adherence to these rules is regulated by Ofcom and required by all holders of a radio or television broadcasting licences. Failure to comply may result in sanctions or withdrawal of broadcasting licences (television or radio broadcasting without a licence is an offence), subject to Ofcom’s decision.

Ofcom’s guidance with regards to protection of children involved in content making is based on the Broadcasting Code’s rules 1.28 and 1.29 (Protecting the Under-Eighteens), and 7.4 (Fairness):

 1.28 Due care must be taken over the physical and emotional welfare and the dignity of people under eighteen who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or by a parent, guardian or other person over the age of eighteen in loco parentis.  1.29 People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.  7.4 If a contributor is under sixteen, consent should normally be obtained from a parent or guardian, or other person of eighteen or over in loco parentis. In particular, persons under sixteen should not be asked for views on matters likely to be beyond their capacity to answer properly without such consent.

Ofcom has provided supplementary guidance to these rules, stating that:

 Staff should have an easily accessible source of clear information on working with under eighteens  Broadcasters should develop documented guidelines for working with under eighteens  Appropriate background checks should be made on under eighteens’ social, family, health and educational circumstances – covered by a risk assessment  It may be helpful to document checks, correspondence or any concerns raised during the production process  Consent should normally be obtained for under sixteen’s from a parent, guardian or other person over eighteen or in loco parentis  Provide a single point of contact for the participant to be able to liaise with, who is given responsibility to oversee their welfare; ‘it may also be helpful for parents or guardians to have access to this contact’  Ofcom suggests that ‘broadcasters consider that in some circumstances, under eighteens may benefit from the presence of a familiar person with whom they have a positive attachment, such as a parent, sibling, parent or teacher’.

2. Child protection: licensing and chaperones

The relevant legislation include: the Children & Young Persons Act 1933 & 1963; Children (Performances) Regulations 1968; The Children (Performance) (Miscellaneous Amendments) Regulations 1998(1), and The Children (Performance) (Amendment) (No.2) Regulations 2000.

The Children and Young Persons Act 1933 is one of the older pieces of child protection legislation, which has parts that are still in force today, though the current child protection system is based on the Children Act 1989, which sets out in detail what local authorities and the courts should do to protect the welfare of children. It contains provisions on the working hours and conditions for children in employment, as well as restrictions on children going abroad to perform for profit.

The 1963 Act and the 1968 regulations require a licence to be obtained from the local authority for a child to participate in a public performance. This applies to a range of performance activities, from local dramatics and talent shows to major theatrical productions, films and programmes.

To apply for a licence, the company must contact the child’s local authority at least 21 days prior to performance with details of the performance. The parents of the child must also complete the second part of the application form, giving their consent and in many cases a letter from a doctor, certifying that a medical examination has been carried out. So that the performance does not have a deleterious impact upon the child’s education, permission may also be required from a head teacher.

If the local authority is content that the child is fit to perform, that proper provision has been made to secure ‘his health and kind treatment’ and that his education will not suffer, then a licence will be issued with various conditions relating to hours, educational provision and the presence of a chaperone (an individual whose role is to safeguard the child’s interests).

Chaperones have a key role to play in supporting all aspects of the licensing arrangements, and are to provide direct protection for the children performing. The purpose of the chaperone role is to ensure that, at all times, there is a suitable person responsible for the child’s welfare, and that it is clear at any time who that person is. Chaperones, other than in Scotland, must be licensed by the local authority as a suitable person to exercise care and control over the particular child/children in their charge. There are no minimum criteria for securing this licence – though the majority of local authorities use a combination of CRB enhanced level disclosure; references of previous experience of dealing with children; an interview; and the requirement to attend training. Legally, if a child is under licence, only a parent or professional can chaperone a child. However, in certain instances, if a child is not under licence, a teacher or someone acting in “loco parentis” can accompany and look after a child who is not under licence instead of a parent or a chaperone.

3. Legislation to protect children from adults who pose a risk

In addition to the civil laws that set out the duties of public bodies to protect children, there are also laws that protect children by monitoring adults who pose a risk, creating offences with which they can be charged and stopping them from working with children.

The Children Act 1989 defines “harm” as ill-treatment (including sexual abuse and non-physical forms of ill-treatment) or the impairment of health (physical or mental) or development (physical, intellectual, emotional, social or behavioural). It covers England and Wales. The current guidance for Wales is Safeguarding children: working together under the Children Act 2004 (Welsh Assembly Government, 2006). The Children (Northern Ireland) Order 1995 and the Children (Scotland) Act 1995 share the same principles but have their own guidance - Co-operating to safeguard children (DHSSPS, 2003); The national guidance for child protection in Scotland (Scottish Government, 2010).

4. Legislation directly relating to child sexual abuse offences

The laws that relate directly to child abuse offences include:

 Sexual Offences Act 2003: defines offences on sexual abuse, including grooming and abuse of positions of responsibility. The Act defines the offence to meet with an under-16 in person following sexual grooming with the intent of causing or inciting a sexual act whilst reasonably knowing that that individual is under-age.  The Protection of Children Act (1978) covers cases of children filmed, or otherwise displayed, for pornographic purposes. It is an offence under the act to: (1) take an indecent photograph of a child under the age of 16, and (2) involve a child under 16 in a photograph that is itself indecent even if the child’s role is not.

5. Legal obligations with regards to hiring staff

Organisations that intend to employ a person for a role that involves working with children in a voluntary or employed capacity are encouraged to request a criminal record check. By law, child care organisations and schools must request a check. The Independent Safeguarding Authority (soon to be merged with the CRB) maintains a list of individuals barred from working with children.

The relevant legislation is:

 The Rehabilitation of Offenders Act 1974: This exempts ex-offenders from confidentiality about their criminal record for roles involving regular contact with children or vulnerable adults.  The Sex Offenders Act 1997 requires sex offenders convicted or cautioned on or after 1 September 1997 to notify the police of their names and addresses and of any subsequent changes.  The Police Act 1997 and the 2006 Regulations: These provisions determine the legal requirements upon persons seeking to register and maintain their registration with the CRB as Registered Bodies.  The Child Protection Act 1999: Introduced the Protection of Children Act (PoCA) List in which the Secretary of State has a duty to record the names of individuals who are considered unsuitable to work with children.  The Criminal Justice and Court Services Act 2000: Defines “regulated” positions where CRB referrals may be made. Makes it an offence to knowingly offer work to or to employ in a so-called “regulated” position (which includes child care positions) an individual who is disqualified from working with children, either by virtue of being included on one of the Secretary of State’s Lists or a disqualification order from the court. It also provides that individuals who apply or offer to work, accept work or continue to work with children in such positions will be committing a criminal offence and can face prosecution if they are so disqualified. Organisations defined as a “child care organisation” must make referrals for positions that involve “regulated activity”; the Department for Education1 has issued its own regulations requiring mandatory referrals in schools. For other organisations with work or voluntary “regulated activity”, referrals are encouraged. The BBC is such an organisation.  The Sexual Offences Act 2003 was introduced to update the legislation relating to offences against children and strengthen the monitoring of sex offenders. The coalition government is currently consulting on further reform of the notification requirements for registered sex

1 The “Safeguarding Children and Safer Recruitment in Education” (SCSRE) guidance is being updated, and will go out to consultation in autumn 2012. Final guidance issued at spring 2013 could come into force that autumn.

offenders. Similar offences were introduced into other parts of the UK by the Sexual Offences (Scotland) Act 2009 and the Sexual Offences (NI) Order 2008  Following the 2002 murders of ten-year-olds Jessica Chapman and Holly Wells, the Government enacted the Safeguarding Vulnerable Groups Act 2006, which established a new centralised vetting and barring scheme for people working with children. It covers England and Wales. The Safeguarding Vulnerable Groups (NI) Order 2007 covers Northern Ireland and the Protection of Vulnerable Groups (Scotland) Act 2007 covers Scotland. An important change in regulated activity made there is to include online forums, so that anyone "moderating a public electronic interactive communication service which is likely to be used wholly or mainly by children" is considered as “working with children”. The 2006 Act provides for individuals to be barred from any work involving regulated activity.  Following a 2011 review of this scheme, the Protection of Freedoms Act was passed on 1 May 2012. Once commenced, the Act will see the replacement of the vetting and barring scheme with a new, scaled back, disclosure and barring service which will focus only on roles working most closely with vulnerable groups. Some changes will be taking place presently following the Protection of Freedoms Act’s Royal Assent in May 2012. The CRB (responsible for records) will be merged with the Independent Safeguarding Authority (responsible for barring) to form the Disclosure and Barring Service (DBS). Disclosure and barring is devolved in Scotland, but a separate but similar system is in operation by the Government agency Disclosure Scotland. In Ireland, the relevant agency is Access Northern Ireland.

6. Identification and detection of children at risk

Two key guidance documents exist to help professionals to identify children at risk and to work together to protect them: Guidance on interagency cooperation under the Children Act 1989 was first published in 1991.

The current guidance, Working together to safeguard children: a guide to inter-agency working to safeguard and promote the welfare of children (HM Government, 2010), is currently under review. A revised version of the guidance will be produced, following a consultation later this year. The BBC has already provided input into this review and will respond as appropriate to the forthcoming consultation on the matter, and review as appropriate its policies and practices.

Whilst local authorities have a mandatory duty to investigate if they are informed a child may be at risk, there are no specific mandatory child abuse reporting laws in the UK that require professionals to report their suspicions to the authorities. However in Northern Ireland, it is an offence not to report an arrestable crime to the police, which by definition, includes most crimes against children. Section 120 of the Adoption and Children Act 2002 amends the Children Act 1989 by expanding the definition of "harm" to include witnessing domestic violence.

7. Rights of the Child

Since the Children Act 1989, many new laws have been passed to strengthen the ways children are protected. The United Nations Convention on the Rights of the Child 1989 (UN, 1989) was ratified by the UK on 16 December 1991. It includes the right to protection from abuse, the right to express their views and have them listened to and the right to care and services for disabled children or children living away from home.

The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law. Whilst it does not specifically mention children’s rights, children are covered by this legislation as they are persons in the eyes of the law, just as adults are. The Act makes it unlawful for public authorities to act in a manner which is incompatible with the rights and freedoms contained in the

Act. These rights include the right to respect for private and family life, which is an important element for broadcasters.

The Children Act 2004 was adopted following the death of eight-year old Victoria Climbié in 2000, it does not replace or even amend much of the Children Act 1989. Instead it sets out the process for integrating services to children. Following an independent review of children’s social work and child protection practice in England he commissioned from Professor Eileen Monroe, the Government laid out a programme of proposed changes over the following years since the current system “places too much emphasis on bureaucratic box ticking above close personal attention to the circumstances of individual children”. This might lead to a complete overhaul to the licensing system. As will be developed later, the BBC is contributing as appropriate to the Government’s thinking around these reforms.

8. Risk assessment

The Management of Health and Safety at Work Regulations 1999 states that “Every employer must make a suitable and sufficient risk assessment of the risks to the health and safety of his employees…and to the health and safety of persons not in his employment arising of or in connection with ….his undertaking.”

In their risk assessment, employers that employ young people are required to take account of:  the inexperience, lack of awareness of risks and immaturity of young persons;  the fitting-out and layout of the workplace and workstation;  the nature, degree and duration of exposure to physical, biological and chemical agents;  the form, range, and use of the work equipment and the way in which it is handled;  the organisation of processes and activities;  the extent of the health and safety training provided or to be provided to young persons; and  risks from agents, processes and work listed in the Annex to Council Directive 94/33.EC(a) on the protection of young people at work.

No employer is allowed to employ a young person that may be at risk of harm following a risk assessment, with additional consideration as to their potential lack of experience, or absence of awareness of existing or potential risks, or the fact that young persons have not yet fully matured.

The approved code of practice says in addition that you should identify people who might be harmed, including (but not restricted to) members of the public and groups of workers who might be particularly at risk – such as young or inexperienced workers. So there is a requirement to identify and control risks to children and young people both in their role as “workers” and as members of the public. It is arguable whether this requirement made under the Health and Safety at Work Act (1974) extends to child protection.

9. Data protection requirements

The key legislation for this is the Data Protection Act 1998.

A draft Data Protection Regulation, published by the European Commission in January 2012, is currently being considered by the European Parliament and the Council of Ministers. In its present form, the regulation requires that the processing of personal data for children below the age of 13 must require consent by the child’s parent or custodian. The UK’s Information Commissioner is questioning the efficacy of this proposal with reference to age verification challenges.

Annex II: History of BBC Children’s policies

The BBC’s policies and processes around child protection were introduced in 2002 in response to the CRB checking processes which became law, and the NSPCC contributed to their development. As set out in the table below, it was regularly updated to bring us in line with current international good practice and regulatory requirements, but also to provide practical guidance to staff.

Event Detail 2002 - 2004 - CBBC Child The below documents were introduced into CBBC: Protection Policy Statement Child protection policy statement was introduced. This - CBBC Child document was a broad statement on the importance of Protection Procedure child protection.

Child Protection Code of Practice was introduced. CBBC 1st Draft - Procedures.doc At this time there was also a procedural document - CBBC Staff Code of introduced which outlined the procedure to be Practice followed if CBBC staff suspect a child is at risk.

CBBC 1st Draft - A child protection incident report form was introduced.

Code of Practice.doc A number of guidance documents were introduced including: Indicators of Child Abuse, Definitions of Child Abuse.

Meetings with the Home Office took place regarding the new CRB checking processes and child protection measures. Pan-BBC Child Protection Policy approved by Executive 2004 Board and introduced pan-BBC (see original Policy Adobe Acrobat below) Document CRB Disclosure service set-up and CRB checking starts in the BBC.

BBC Self declaration introduced which requires employees to certify that they had no incidents or criminal record relating to children. BBC Editorial Guidelines updated to include a chapter on 2005 children (incl. Children Editorial Principles, BBC Child Protection Policy, Children & Consent, Contributions from Children, Online Child protection etc.) Changes to the Policy since 2006, have been: 2006 - current  Refining information relating to CRB/DS checks  The introduction of a system of ‘nominated managers’ specialising in child protection in their Division  Inclusion of paragraph referencing BBC Editorial Guidelines and Ofcom  Addition of paragraph relating to the

Rehabilitation of Offenders Act  Introduction of a Schools & Events paragraphs  Addition of an Appendix 1 to the Policy which covers ‘Secure Handling & Safekeeping of CRB/DS Disclosures’. Development of a number of additional guidance 2006 - current documents to help with child protection issues in the BBC, including:  Child Protection Roles & Responsibilities  When is a CRB check required?  When is PVG Scheme membership required?  CRB Org Plan & Reps List  Working with Children Good Practice Guide  Filming with Children  Interviewing Children  Model documents (Child consent letter to parent, child consent letter to school, child distress responses, setting up a child to go on air)  Chaperone contracting  A number of checklists and forms All available on Gateway. http://explore.gateway.b In addition Health and Safety risks are covered by bc.co.uk/myrisks/default. guidance on myRisks – within this section aspx?Page=954

http://explore.gateway.b bc.co.uk/myrisks/default. aspx?Page=6543

Annex III. Child Protection Steering Group : Terms of Reference

The BBC’s ambition is to not only to provide distinctive, innovative, and unforgettable media to all children across the UK, but also to create an environment in which children, visiting, working, and interacting with the BBC in whatever way, have a safe, positive, and stimulating experience.

The Child Protection Steering Group has been set up to provide oversight of our child protection practices, ensuring that they are the best they can be. This will be achieved through:

 Understanding the impact of our activities on children and sharing the latest insights and research in the area  Reviewing the trends in how and what media children consume to inform what safeguards should be in place to protect them from unsuitable material  Reviewing the mechanisms through which we disseminate information and support to managers about child protection, such as: o The nominated manager network, how it is set up and plans for training & keeping its membership informed o The way we provide managers with information about their responsibilities and where to get support  Reviewing our child protection audit actions  Reviewing our safeguarding and disclosure (DBS) processes  Sharing information from productions who have used children for the previous quarter; problems, successes and lessons learnt  Updating on Divisional Child protection issues  Updating on progress on revision of legislation (Upcoming family bill, child licencing, etc.)  To consider how issues raised when children interact with BBC talent  Reviewing guidance to programme makers on a regular basis

The steering group will meet quarterly. Members of the group will be as follows:

Lucy Adams (chair) Director, HR Paul Smith Head of Editorial Standards, Radio Claire Powell Head of Compliance, Television (title TBC) Joe Godwin Director, Children’s Rachel Currie Director, Employment Diane Dumas Head of Employee Relations Richard Perry Head of Safety Policy and Compliance Laura Birrell Head of HR, BBC People John Vallance Lawyer, Regulatory Legal, Fair Trading Alison Cresswell Senior Advisor, Working with Children Caroline Brant Child Protection Policy Manager Catherine McAllister Head of Child Protection, Children’s

Annex IV: DBS /PVC checks

Whenever a role could involve working with children or vulnerable adults, the line manager needs to undertake a risk assessment must be done. As part of this, the line manager must consider whether the role falls within the criteria under which the BBC may apply for a DBS check and what other protections can be put in place.

Indeed, there are specific criteria to determine whether the BBC is allowed to use either of the two types of DBS check.

The standard DBS Check contains details of all current and spent convictions as well as details of cautions, reprimands or warnings held on the Police National Computer. It is only permissible to require it check if a position falls within the definitions prescribed by the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. Within the BBC the main categories for checking are:

DBS DBS - Category Type Category Code

 Any work in a regulated position. A regulated position includes: 04 - a position whose normal duties include caring for, training, supervising or being in sole charge of children;

- a position whose normal duties include work in an establishment (e.g. an educational institution);

- a position a substantial part of whose duties includes supervising or training children under the age of 16 in the course of the children’s employment; and

- management of an individual in their work in a regulated position.

 A healthcare professional, barrister (in England and Wales), solicitor, chartered accountant, certified accountant, actuary, registered foreign 08, 09, 10, 12, lawyer or legal executive 13 & 14

 Any position which is concerned with the monitoring, for the purposes of 33 child protection, of internet communications

A full list of the prescribed purposes for standard checks can be found within the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

Enhanced DBS Checks

Enhanced DBS Checks contain the same information as standard checks, but may also include information held by local police forces which the chief officer reasonably believes to be relevant and (in their opinion) ought to be included in the certificate.

It is only permissible to require a standard DBS check if a position falls within the definitions prescribed by both the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and the Police Act 1997 (Criminal Records) Regulations 2002. Within the BBC the main categories for checking are:

DBS DBS - Category Type Category Code

 Engaging in regulated activity. The current definition of regulated activity 01(a) (children) includes: & 02(a) - without supervision, regularly teaching, training, instructing, caring for or (vulnerable supervising children, or providing advice/guidance on well-being, or adults) driving a vehicle only for children; - regularly working (not work by supervised volunteers) for a limited range of establishments (e.g. schools, children’s homes, childcare premises), with opportunity for contact with children; - providing personal care, for example washing or dressing, for children or any individual who needs it because of their age, illness or disability; and - registered child-minding.

* This type of check is known as an enhanced check for regulated activity (which reveals whether or not an individual is on a barred list).

 Engaging in regulated activity as it was defined on 9 September 2012. 01(b) (children) Regulated activity within this definition includes: & 02(b) (vulnerable - activity involving intensive contact with children/vulnerable adults on four adults) or more days in any thirty day period (or overnight between 2am and 6am) and is of a specified nature (e.g. teaching, training, care, supervision, advice, moderating an internet site mainly used by children or vulnerable adults or driving children or vulnerable adults);

- activity involving contact with children in a specified place (e.g. schools, care homes etc.) frequently or intensively; and

- management of an individual carrying out the above regulated activity.

 Any position which otherwise involves regularly caring for, training, 06 (children) & supervising or being solely in charge of persons under 18 or a vulnerable 07 (vulnerable adult. adults)

 A person who regularly works on premises at a time when child-minding or day care service are provided 40

A full list of the prescribed purposes for enhanced checks can be found within the Police Act 1997 (Criminal Records) Regulations 2002.

Checks Must Be Made Appropriately

If the position does not fall into one of the prescribed purposes and the BBC nevertheless still requests a standard or enhanced DBS check the consequences may be:

• The DBS may challenge the decision to have a particular position checked; • the DBS may consider suspending the BBC’s ability to complete checks, or may de-register the BBC; and • in the worst case, the BBC (or the Y signatory/registered person) may be found to have committed an offence relating to the disclosure of information and falsification with a penalty of imprisonment or a fine. If you are at all unsure about whether you should apply for a DBS check, please contact the BBC’s Lead Countersignatory within Compliance and Business Support, BBC People for further guidance.

BBC Personal Disclosure

If the position is not eligible for a DBS check then the BBC’s Personal Disclosure form should be used. The BBC’s Child Protection Policy will also give you guidance around the kinds of things you should be thinking about and should be issued to employees dealing with the younger members of our audience, irrespective of what background checks they may undergo.

Information on positions which require a CRB check or PVG scheme membership is available on Gateway, and it falls under the responsibility of the producer/line manager to make this decision. In each department there is a CRB lead representative which is expected.

In principle, where an individual begins work prior to a satisfactory CRB check /PVG Scheme membership being received the individual will be placed on restricted duties, which means that they cannot work unsupervised with children. The individual's manager will be responsible for ensuring a restricted duties plan is in place and this will be authorised by a more senior manager. The individual may also be asked to sign the BBC Personal Disclosure Form. If restricted duties are not possible then the individual will not be allowed to start work.

The system works – but it could be improved, in particular by the following measures:

 strengthening and documenting the responsibilities of the lead CRB representative, thus ensuring consistency across the BBC;  making it easier to track the CRB process; and  ensuring line managers are fully aware of the need for employees not to start working with children until a satisfactory CRB checked is received. * The roles and responsibilities of the CRB Lead rep, including communication of the child protection policy to line managers and reviewing and challenging HR Direct reports, have been updated, as part of a wider document which outlines all of the roles associated with child

protection/working with children. * This document has been published on Gateway on the Working with Children Site.

Appendix 1 Case studies

D. A programme involving children as actors on a regular basis: East Enders

Child Welfare is paramount to EastEnders and is considered at every stage of the production. Series Coordinator, [name redacted] is the EastEnders Nominated Manager for Child Protection and responsible for all Child Cast and Chaperones. The [name redacted] Company Manager, is responsible for all cast at EastEnders which therefore includes children. We also have a full time Head Chaperone, [name redacted], who works with all the children from babies through to Young Adults up to 25 for both pastoral and professional support. We operate best practice and always invite suggestions and feedback from the production team, chaperones, parents and children in order to continually develop our systems and practice to the highest standard.

For 3 years we have been working closely with a leading charity who run welfare workshops and individual sessions with an adolescent psychotherapist and their director. We have run group sessions for children up to 18 according to age approximately twice a year under the umbrella of ‘Managing expectations of fame’.

These sessions provide a platform for young artists to explore any issues that may be on their mind. Giving the children the opportunity to speak about and share their experiences of working in an adult environment has proved an invaluable insight to the production and validated the children’s experiences. This has led us to make changes that have improved the support given by production and therefore their experience of all children working on this high profile show.

If an individual child presents any particular problems or difficulties either in work, their personal life, or if the editorial storylines are challenging and require guidance and support, then we offer one to one sessions with the adolescent psychotherapist. These sessions have proved invaluable to both the individual and production and help mitigate any potential risk.

1. Storylining

Ideas are discussed at a quarterly story conference and later developed in monthly story meetings. Given EastEnders’ history of tackling challenging subjects, some of which include young artists, the Executive Producer and Series Producer constantly monitor any potentially difficult or sensitive stories that may involve children or young adults throughout the story lining process. These storylines will be discussed with the Series Co-ordinator, Company Manager and Head Chaperone to ensure that sufficient support is in place as soon as possible.

2. Scene Content

Each month the EastEnders manager, the child protection nominated manager and the Company manager read the commissioning document which contains 4 or 5 weeks of story lines. Any specific child welfare issues that may need to be considered are then raised with the editorial team. If then deemed appropriate, after due consideration parents are then consulted about the material.

This enables parents to feedback their concerns in order for them to be addressed – for example, informing a parent of a regular main cast child member that there are bereavement scenes coming up in which the children are going to be involved and asking if there are any situations close to their real lives that might make this difficult. This advance warning can also allow parents enough time to deal with any sensitive subjects with their child in a manner which they feel appropriate.

Our experience has shown that subjects we as adults might consider difficult for a child, often present alternative concerns from the child’s perspective.

The head chaperone reads scripts before they are issued to cast to consider any practical or child welfare issues. She will then liaise with production and editorial teams to raise any concerns as appropriate. Once resolved, she will then discuss with parents. Parents are also invited to liaise directly with the head chaperone regarding any concerns they might have about a scene once they have received a script. In turn, she will communicate any issues to the script editors or the production team if required. This is particularly relevant to parents of toddlers whose children are at unpredictable ages and who will have a much better insight into what a child might find difficult and might have suggestions on how to achieve it.

If a young actor has a significant amount of material in an episode, the Head Chaperone will be notified and will ensure that the young actor has sufficient time to prepare the material with her.

3. Casting

When information is passed to Casting the ideal age of the child is also considered at this point with regards to the amount of material the child is required to perform and the hours they are permitted to work. We aim to cast any child with at least 21 working days to ensure a license can be processed in time, but this is not always possible. With the great trusted relationships EastEnders has, this rarely happens and is always remedied as quickly as possible.

4. Scheduling

As soon as a story is commissioned the Series Scheduler will look to ensure that any story with a child is viable with regards to the amount of material anticipated and the hours and days a child is permitted to work. This process will then be closely monitored by the scheduling team as each draft of the script is produced and fed back to script editors so material can be amended if necessary.

When the script is handed to the production team the Production Manager and 1st Assistant Director monitor the schedule and are responsible for ensuring that children’s hours are adhered to. Reminders are noted on the schedule for all the team to see. Once the schedule is locked off the 2nd assistant directors also monitor children’s hours when checking through the schedule before issuing call sheets. Each Friday before filming, the series Co-ordinator will make final checks of the children’s hours and book tutoring if required.

Due to the speed and complexity of the EastEnders schedule, on the day of filming both Chaperones and an Assistant Director are responsible for monitoring children’s hours and completing a children’s hour record sheet for each child. This means we have two separate working hours forms filled for every child, giving higher certainty they will not work more hours than allowable.

This structure throughout the preproduction and filming process means that we do not make any contraventions to the working hours of the Child Performance Legislation. However, we are not completely infallible and very minor mistakes do sometimes occur. This is most often caused when the original schedule does not run to plan and last minute schedule changes occur. Due to the very robust nature of our system, where everyone is very aware of children’s hours, if any contraventions do occur even by a couple of minutes, they are reported immediately to the series coordinator and the Production Manager. Any contravention is only ever minimal by just a couple of minutes. As a matter of process we log every contravention with the authority of the child concerned and review the individual situation reminding any team members of children’s permitted working hours. This year for example there have been three logged contraventions with the authorities that were all under 5 minutes each.

5. Family Induction

Once cast, a child is invited with their immediate family to the studios for an induction. Here we give a guided tour of the set and studios environment and introduce the family to members of the team who they will have contact with. As part of this process we meet with the family and young cast member to talk through a number of issues including: scheduling, tutoring, becoming a member of the BBC’s flagship show, social networking, becoming recognisable, integrating at school, having an awareness of the media as well as general support and guidance.

We invite the whole family because, due to the high profile nature of EastEnders, we are aware that being cast in the show can affect the whole family. We encourage a two way dialogue at all times. We feel it’s important to show the rest of the family the child’s new working environment and the people they will be working with. During the induction we would also introduce children to other members of their onscreen family and take them to see some filming so they know what to expect on their first day.

We issues guidelines both for the children and for the parents which explain exactly what is expected of them and then talk through the documents together. We also issue a ‘Scene Preparation Checklist’ for Young Adults to help them with the day to day expectations and protocols of filming.

As of earlier this year, all new main cast children over 5 are expected to have a licensed chaperone allocated to them as opposed to them being chaperoned by their parents. We will then invite the parents to join the child and new chaperone to help settle the child into their new working environment. For any babies and children under 5 we do allow parents to chaperone. As part of their induction process parents are issued with specific guidelines on the role of being a parental chaperone. See babies and toddler sections for further details.

6. Schools & Tutoring

When a child of school age is cast the series coordinator will contact the Headmaster or Head of Year and arrange an appointment to discuss how the child can continue to achieve at school. We arrange for appropriate work to be sent for their tutoring sessions and discuss how to communicate most efficiently with the school. In addition, we will ask the school to pass on any changes of behaviour they might note. We encourage staff and other pupils to treat the child artists as an ordinary child whilst at school and not draw attention to their role in EastEnders. However, when planning school trips, consideration must be given to the fact that the child may receive unwanted attention if they are particularly recognisable. As with the parents, we encourage on-going open dialogue.

We will also issue the school with guidelines of what to expect and how we work with regarding to scheduling and informing the school of any absences.

If the schools notify us that the child’s school work had shown a worrying decline since joining the show, we would stop using the child for a sufficient period of time to see whether the situation could be addressed before considering options in the best interests of the child moving forward.

7. Tutoring

Tutoring is roughly plotted at commissioning stages and this is communicated to the parents. This is to ensure that all legal requirements for tutoring are adhered to. However, tutoring is only booked the week before filming as often things change from commissioning stages and then tutoring hours are logged.

The series coordinator keeps in regular contact with the EastEnders Tutor, parents and school to ensure that all are happy that the quality of work is satisfactory. If at any point the school or parents have any concerns then we will address the situation appropriately.

8. Training

All chaperones carry out a BBC EastEnders Chaperone Training Induction. This consists of understanding the legislation, children’s working hours, working practices at EastEnders and Child Protection and process of referral. This training is carried out by the series Co-ordinator and the Head Chaperone and has been put together with the support of the Child Protection adviser.

We hold annual training for all Chaperones and Assistant Directors to refresh their knowledge in this area. We strongly encourage Chaperones and Assistant Directors to raise any issues regarding children so that we can always continue to improve our working practices.

Guidelines are also issued to all cast and crew on working with children.

9. Accommodation

The main cast children have their own children’s accommodation block which includes dressing rooms, toilet facilities and age appropriate green rooms which are filled with toys and activities. Children are not permitted to wait in adult green rooms.

10. Working with Babies and Toddlers

When babies are required, we try to cast at least 3 babies when a character is introduced. This is to ease the pressure on the baby, their family and production, giving us flexibility and more availability. A new parent is unlikely to have experience of filming or the pressures involved. As with any new child cast member, we invite parents in for an induction session to show them what to expect when they begin filming. As the parent will be chaperoning we discuss in detail the role of a parental chaperone and what is expected of them. For approximately the first month of filming we book a licensed chaperone, experienced on EastEnders to support them and ensure they comply with legislation.

Working with babies is often more straightforward than working with toddlers who have a mind of their own and are less predictable. When the child becomes a toddler and specific action is required we will issue parents with scripts so that they can be prepared for the scene and can alert us to anything which seems problematic, so that we can address it before the day of filming. Parents often offer up alternative suggestions that may be more achievable. For example, one child may not be able to ride a bike but may like a scooter.

Between the ages of 9 months and 2½ years most children go through a period where they don’t want to be separated from Mum and begin to show less interest being on set. We have developed guidelines for all crew when working with children who begin to shows signs of entering this difficult stage. Often we shoot the child or toddler as a cut-away. However when they need to be incorporated suggestions to the production teams include:

 Having play dates with the child and key actors in the scene.  Encouraging parents to bring their child’s own toys onto set, as well as having additional new toys from props available on set.  Turning the house lights on when toddlers are brought onto set.  Asking for quiet and clearing as many people from set as possible when a toddler enters the set.

 Using the child in or out of the buggy depending on the preference of the child.  Taking the buggy to the child before the scene so the child is settled in the buggy before they are required on set.  Amending the scene slightly to incorporate the character of the child i.e. having them more active in the scene.  But, most importantly, working closely with the parents to ensure the child is happy.

As soon as any child begins to show signs of entering this stage the Head Chaperone will ensure she is always with them on set and offer the parent any support they need so we can feed back to production the best way to move forward for the welfare of the child and also of the show.

If any baby or child becomes upset we will stop filming, allowing the parent or chaperone to settle the child. If the child remains unhappy we will let the child go home and the director will either shoot the scene creatively or pick up the scene if absolutely necessary on another day. Fortunately this rarely occurs, given the preparation put in above.

11. Post Care

Children finish working at EastEnders for a variety of reasons. We acknowledge that many of these reasons can be quite difficult for a child; and, therefore, we try to manage their expectations from the outset – explaining that the role is likely to come to an end at some point, either by their own decision or the programmes. In workshops with a leading Children’s charity we have explored the concept of endings with children to help them understand that nothing is forever. If a child has been with us for a period of time we offer a one-to-one session with this charity’s director when they are due to finish. This can help the child come to terms with their role ending and help them deal with how they can continue in their normal life when they are no longer the child from EastEnders.

12. Supporting Artists

We work with two children’s agencies who supply all of our supporting artist children. Both agencies have been inducted and issued with guidelines to pass on to children’s parents. If ever we have more than one supporting artist we always book 2 chaperones to ensure we can cater properly for toilet breaks etc. We have a core of about 15 regular chaperones that we use to work with child supporting artists. When we have a large group we operate on a ratio of approximately 1 chaperone to 6 children rather than 1 chaperone to 12 children as per the legislation.

13. Young Adults

We continue to work with young adults ages 16–18 during this transitional period, dependent on their needs. We also work closely with a leading Children’s charity should we need to address any behavioural or health issues.

The EastEnders Company Manager assists the Executive Producer in the management of the cast for policy, personal and professional matters. She acts as a first point of contact for the cast and deals with a wide range of issues on a daily basis.

The Company Manager’s responsibilities include the management of actors once they become adults at school leaving age. For a young performer, this is a very difficult age; and individual needs have to be carefully considered, as each young adult has different circumstances and needs. Although he/she will have reached school leaving age, there may be a number of reasons why they are not considered ready to be left without a chaperone. In such circumstances we may appoint a dedicated chaperone

or ask our Head Chaperone to oversee the young adult for a period of time. We would not agree to a parent remaining as the chaperone at this point.

When each child actor is close to becoming an adult performer, we meet with the young adult and their parent/s and talk through the implications of becoming an adult on the show, how their lives will change and the professional expectations required of an adult cast member. We explain that:

 They will be representing the BBC at all times and should always be a positive ambassador and behave as such at all times.  As they are not yet adults they have to be aware that any illegal activity (for example, underage drinking) will have serious consequences. • They will need to understand the impact of being in the show and what it will mean to them in terms of recognition and how their behaviours may have to change. • They will be expected to do a full day’s work rather than hours restricted by child licensing laws. • They will be given more material to learn and need to ensure they are properly rested in order to perform their role to the best of their ability. • They will need to integrate as an adult cast member and judge the way to adjust their behaviour accordingly. • They will be expected to navigate their way around call sheets and schedules, whereas in the past they will have had the help and support of a chaperone. • They will need to be responsible for asking for time off (holidays, personal reasons etc.). • They will need to understand their contractual terms and obligations and ensure that they follow the relevant processes for undertaking other work, paid or unpaid.

14. Pastoral care and Talent Management

The Company Manager spends a lot of time with artists, listening to their concerns and helping them to deal with professional difficulties. Considerable support is given; an honest, open relationship is built so that the artist feels comfortable discussing confidential issues. It is frequently necessary to identify personal issues that could have wider implications, and the EastEnders Press Office is involved when necessary.

15. Mentors

We operate a mentoring scheme both for new cast members and for those who progress to adulthood. We identify a current cast member who is felt most suitable for the new person, and it gives the actor someone to go to in order to ask questions; but it's also an invaluable way for Management to know how the individual is settling in. The mentor keeps in touch and flags any problems.

16. Transport

In order to avoid any potential problems caused by travelling on public transport, Production provides transport from home to work until the young adult’s 17th birthday.

17. Social networking sites

We advise that anything that is put online can be lifted by other users and media, so the young artists should use them with caution and responsibility. We advise that they must not put anything online that they would not want made public to the whole country. Misuse of social networking sites is treated as a serious matter and is dealt with appropriately.

18. Specialist Support

We have established a professional relationship with the charity, A leading Children’s charity. Their Deputy Director, holds one to one sessions with those who have the need for emotional support, guidance or specific counselling.

19. Head Chaperone

Earlier this year we created a position of Head Chaperone who works with the Company Manager. Her role is to oversee all children, from young babies through to the 25 year old cast members. She monitors their conduct, provides professional guidance and support and raises concerns with Management, almost on a daily basis, about professional and personal matters that require attention.

20. Press and Publicity

The EastEnders Press Office is extremely mindful of the pressures that come with being in such a high profile show and their policy is to not have anyone under the age of 16 take part in any interviews. Our view is that they should be able to go through this stage of adolescence without additional pressures that this may involve. When they are old enough, our Press Office ensure they are given media training, advise them on how to conduct themselves in interviews.; indeed they very rarely ask anyone under the age of 18 to take part in interviews.The artists are only asked to talk about their character, storylines and very general elements of their own lives.

21. Code of Conduct

The Company Manager has written a Code of Conduct specifically for this age group to focus their minds on their professional responsibilities and those of the BBC to the artist.

E. A specific programme involving children: Hero Squad, a CBBC series

Six children were the sole focus of a 10 episode series, working alongside emergency services and taking part in some of the strenuous activities that they have to undertake. The process started in October 2011 with initial On Air solicits, with casting in January 2012, filming in Easter and around May Bank holidays and transmitting in September 2012. At each stage, measures were taken to protect children.

1. Recruitment process

• September 2011 - Clarify selection criteria for Cadets. Check with Ed Pol about content and discuss licensing process with the Child protection adviser. Also sought advice from REDACTED about casting process for Serious series. PM confirms Data Protection process with PE.

• October 2011 - Advertise for applications via On Air solicits, Be on a Show (CBBC website), targeted mail-outs & phone calls to relevant organisations – i.e. scouts, running groups, disabled groups and junior divisions of Sea Cadets etc. Application forms online and parents had to give permission immediately.

• Detailed application form with sections for both parents/guardian & child to complete, including specific questions re relationships to any BBC employees; previous TV appearances and confirmation of eligibility. Request a photo to be sent in with application form.

• Selection stage 1: Application forms filtered as they arrive to check fulfilled criteria, forms not filled in by parents etc. All potential applications identified.

• Selection Stage 2: AP and SP held initial telephone interview. Spoke to parent/guardian first, and then spoke to child. Clarified what happens next.

• Once closing date of 31st December has passed, reviewed all potential application forms.

• Selection Stage 3: Arranged to interview shortlisted candidates via Skype. 65 children interviewed with parent/guardian present throughout and interviews are filmed. Clarified what happens next.

• Reviewed videos of Skype interviews and whittled 65 down to a shortlist of 25. Parents were in the room throughout or gave permission. All interviews were recorded. Invited these 25 children to attend a Casting Day.

• Selection stage 4: Casting Day, January 2012. A full day of team games, tests & interviews. Expectations were carefully managed, making all children aware that they may be disappointed. Thorough briefing at start of day from Exec & PM re selection process, confirmation of what’s involved/required & child protection protocol. Separate Q & A session with Exec for parents & specific issues discussed & questions answered. Children had to do a swimming & fitness test; participate in team games; be interviewed on camera & have individual interviews with a child psychologist. Clarified what happens next.

• Selection stage 5: Reviewed notes from observers and cross-referenced with feedback from psychologists. Selected 6 cadets plus 2 standby children. Participation subject to LEA granting a licence. Licensing process was very smooth apart from in Northern Ireland, where the child had to be licensed as a foreigner. Kept parents fully across the on-going process.

• Applied for licences via respective LEAs & notified the “No” children.

2. Filming schedule

• 3 weeks over Easter and 10/11 days around May Bank Holiday, in order to ensure that the children were out of school as little as possible. • Production had constant contact with the parents. • Professional chaperones were hired to provide support throughout filming. • All the rules and behaviour requirements were set out in advance of filming and agreed with parents. • A screening was arranged for all the participants and their families prior to TX at the end of September.

3. Post care

 Support did not end even when filming. Annette Williams has been in touch with all the parents and has been monitoring what online content the children have been posting.  All the parents have said that the experience has had a positive impact on their children and they would let them do it again.  Solicites for Series 2 will happen on the back of series 1, and there are no major changes expected in process.

F. A programme involving children as spectators or casual participants: Children in Need 2012

Child involvement included fundraising initiatives in advance with support provided online http://www.bbc.co.uk/programmes/b008dk4b/features/cin-fundraising-index

Children in Need was also the named the Blue Peter charity this year, with viewers holding pyjama parties to raise money. Again, support could be found online with advice on how to hold parties for both child and parent. http://www.bbc.co.uk/cbbc/shows/blue-peter

On the 16th November, various events took place around the country; and Television Centre transmitted the main programme. Child protection procedures were as follows:

• The child protection adviser is in charge of Child Protection on the night at TVC. • A very experienced team at TVC, and all but 4 of the producers in the Nations/Regions having done this before. • Closed set with wristband and photo ID only access from Wednesday. • An e-mail to all staff was sent the previous week from Roger Mosey, informing them that TVC is closed to guests from Friday afternoon. • All guests required photo ID, and had to sign a declaration that they accept they are the nominated chaperone for their children and that their children should remain with them at all times. If children were found without their parents, the parents were to be found and then asked to leave. This warning was repeated during the audience gathering in the Foyer and in the pre-transmission warm up. • The CiN charity followed the above procedure for all their guests. • The lower age limit for show one was 8yrs old and 16 for show two. • Staff, talent and agents were informed in advance that, if they are bringing children, they will be responsible for them for their duration at TVC and that they must be accompanied by adults at all times. • On signature everyone got a wristband, and only people with wristbands had access to the show, CiN charity event or Green room. • Additional chaperones were in the studio and the talent/agent green room so that the children of talent can be safeguarded during performances. • Apart from the Children’s Choir there were no child performers in TVC on the night. • Key staff in the nations and regions were comprehensively briefed, with Alnwick Gardens as an example.

G. A programme involving children as casual participants: The Children in Need choir

One of the biggest elements, involving 2200 children on the night, was the CinN choir. This involved 12 regional choirs of up to 300 children singing “Bridge Over Troubled Waters” “live” and in unison on BBC 1. A special licence was required for this, issued by the Governments and Assemblies involved. This was because normal child performance licences would not have allowed the children to perform after 19.00 and the choir were due to perform at 20.30.

1. Discussions with local authorities

Although the “Body of Persons” is not a normal performance licence, we ensured that we had full support from the local authorities from which the children came and put into place the necessary child welfare procedures to ensure that the children were safe and not overworked.

July 2012 -

Meeting with a Department of Education representative to review the processes put in place for last year’s Children in Need choir. With a few additions these were deemed still appropriate, and a new document was drafted. A meeting also took place with the Scottish Parliament representative who issued a Scottish equivalent. Only Northern Ireland were not keen to provide a Body of Persons a normal licensing route was necessary

Sept 2012 -

Briefing of all regional producers who would be dealing with the choirs, including all the requirements for choosing the choirs, information needed to get the Body or Persons and other protocols.

Between Sept 2012 and Nov 2012 -

CinN producer and Assistant Editor for Special Features team visited all the region and locations to ensure that the teams were happy with all the procedures and that the venues were equipped to deal with the requirements of 200+ children – taking into account facilities, indoor holding areas, security and general risk assessment.

The assistant editor for special features was the main liaison between all the teams and the local Authorities, to ensure that they were happy with the process and that all the necessary information was passed on to them to ensure that we were compliant at each event. Part of this was ensuring that there were sufficient and properly checked adults available to ensure the children were chaperoned appropriately.

2. Security measures taken for the show

On the night itself, the CinN producer and the Assistant Editor for Special Features were in TVC to ensure that the technology worked and that each of the choirs was visible on the huge screen in the studio. The majority of the choirs were also cut to full screen during the transmission, though some were not. However, the children in these areas and their parents had been informed of this throughout the rehearsal process and each of the choir’s performances were available to view online regionally.

3. Procedures for the Alnwick Garden Choir

Whilst parents were made very aware through event signage that they were responsible for the children they brought to the event, it was recognised that the BBC Children in Need Fundraising Event on Friday 16th November was likely to attract large numbers of children and young people in the Garden from 18.00 to 22.00, when the majority of The Garden is in darkness.

The BBC was very keen to ensure that the welfare of children, young people and vulnerable adults was protected as a matter of everyday policy; and, given the potential heightened risk inherent in this event, additional safeguarding resources were put in place, including:

• Access to unlit areas of The Garden restricted by rope/chain barriers, including The Cherry Orchard, The Rose Garden, The Serpent Garden, The Labyrinth, upper reaches of the Cascade.

• Members of the Security team patrolled the unlit areas of The Garden at intervals throughout the event.

• Admissions staff had the authority to refuse entry to unaccompanied children deemed to be under the age of 12 years.

• All members of TAG staff and volunteers were briefed to be vigilant in safeguarding child welfare throughout the event.

• A dedicated team of staff and volunteers patrolled the public areas, with special attention paid to the perimeter, taking responsibility for overseeing child welfare and for identifying/supporting lost or distressed children. If any child was lost or in distress, it was escorted by a member of the TAG team to the Lost Child point. The PA system was used to locate the parent or carer. A specified ‘Lost Child’ point was identified in the Atrium and was staffed at all times. The Child Welfare Team Leader was linked by radio to the Lost Child Point and the Head of Security at all times. In addition, a further seven senior personnel were linked by Radio at all times

• The BBC provided chaperone services for the BBC Children’s Choir at all times.

• Except for authorised staff, there was no access to the Pavilion, which acted as the dedicated Green Room for the Children’s Choir.

• All TAG staff and volunteers carried official identification tags

• In the event of an incident, the Head of Security assessed the level of response required and took action accordingly.

IX. Appendix 2

This link takes to a page from which all the relevant BBC policies and guidelines can be accessed http://explore.gateway.bbc.co.uk/gatewaycms04live/default.aspx?page=2308