The NSPCC Schools Service has a wide range of services that it has developed, which are aimed at providing safeguarding messages to primary school children and/or their parents/carers.
The Schools Service wishes to work in partnership with Schools to deliver these messages through our Speak out, Stay safe programme (the “Programme”) for children from the age of 5 to 11.
We are pleased to know that your School wishes to participate in one of our programmes and this memorandum of understanding sets out the manner in which we agree to work together to deliver the Programme.
The Programme is being provided free of charge to the School. However, if the School would like to support the work of the NSPCC we would be delighted to discuss our Schools’ fundraising programme options with the School.
If you are happy to work with us in this way to deliver the Programme, and agree to the details as contained in this letter, please can you tick the terms and conditions box.
It is agreed between NSPCC and the School, that the terms of this memorandum of understanding shall govern any joint working in relation to this Programme, or any other programme that the School may agree to participate in with the NSPCC and/or any other organisation that NSPCC may work together with to deliver advice and support to children on safeguarding issues.
This memorandum of understanding shall be for a period of a year from the date of signing (the “Terms”).
In the event that the School agrees to participate in any other programme during the Term, the detail of that programme will be agreed between the parties by exchange of letter.
The NSPCC agrees to:
- provide the school with age appropriate assemblies and teaching resources for delivery by the school.
- where the Programme involves children, provide the School with adequate information for parents/carers to enable them to make an informed decision about their child’s participation in the Programme, including key information about the Programme, its purpose and objectives, and how they can find out more information about recording, access to records and the complaints procedure.
- provide the School with access to the feedback survey for the Programme.
- provide the School upon request with the “NSPCC Compliments, Comments and Complaints Policy” document.
The School agrees that it shall:
- provide to parents /carers information about the Programme.
- be responsible for deciding whether to seek consent from parents/carers prior to a child participating in the Programme.
- ensure that the class teachers are present throughout the delivery of the Programme, so that staff are familiar with the key messages and can support the children after the sessions. Within ten days of delivery of the Programme, encourage children and staff who have taken part in the Programme to complete the online survey.
- ensure that adequate space and facilities are available to carry out the Programme at the time required.
- ensure that any staff member involved in the delivery of the Programme has a valid enhanced DBS check i.e. a check of the Disclosure and Barring Service in England and Wales, Access NI in Northern Ireland or PVG check managed and delivered by Disclosure Scotland in Scotland.
- not share content and resources with other schools or networks without the prior permission from the NSPCC.
Safeguarding – Child protection concerns and child welfare issues
The safety and wellbeing of a child is of paramount importance. If child protection concerns or child welfare issues arise during the delivery of the Programme it is agreed as follows:
- should a child protection concern and/or a child welfare issue be identified by a member of school staff involved in the delivery of the Programme, they will follow School procedures and pass this on to the designated teacher for child protection, Head teacher or Principal
- the NSPCC and the School both agree to co-operate with the police in relation to any allegations or suspicions of abuse whether current or historical, and with any subsequent investigations. The NSPCC is authorised by statute to take action to protect children and can act independently if necessary to ensure the safety of children.
Confidentiality and information sharing records
In working together to deliver the Programme, NSPCC and the School agree to comply with all applicable laws, and regulations relating to data or privacy, including but not limited to the General Data Protection Regulations and Data Protection Act 2018 and all relevant statute, statutory provisions, regulations, codes of practice and guidance in relation to this Agreement.
- The NSPCC will not routinely keep records about individual children, but we will need to keep records about the planning, preparation and delivery of the Programme that will include information about the staff we spoke to and the number of pupils involved.
If the School receives a request from a pupil or parent/carer to access information held by the NSPCC, the School must direct the individual to put their request in writing to the NSPCC Schools Service or Data Protection Officer, Weston House, 42 Curtain Road, London, EC2A 3NH dataprotectionoffice@NSPCC.org.uk
Programme materials
- The NSPCC owns, or has the licence to use, all intellectual property rights in the materials used by the school in the delivery of the Programme.
- The NSPCC provides the School with a perpetual, terminable, non-exclusive licence to use and distribute the materials provided to the School by the NSPCC in the delivery of the Programme to pupils and their parents/carers for the aims as detailed in the Programme details.
- The materials are to the best of NSPCC’s knowledge accurate and up to date at the time of delivery of the Programme.
Liability
The School shall at all times remain solely responsible for the provision of care to the pupils. To the extent permitted by law, the NSPCC excludes liability in respect of all claims arising out of or in connection with the provision of care to the pupils involved in the delivery of the Programme, and the School shall indemnify the NSPCC against any claim made against it by a pupil or a person who has parental responsibility of a pupil or on behalf of a pupil to the extent that the claim arises as a result of the default, negligence or other act or omission of the School or its personnel to comply with any of its obligations in relation to the delivery of the Programme.
If your School has agreed to undertake any fundraising activities as part of this Programme the School agrees that it shall:
- on the day of the Programme assembly explain that the school has chosen to support the NSPCC and encourage children to participate in fundraising;
- inform parents/carers that the school has chosen to support the NSPCC in terms of fundraising and obtain parental consent for children to participate (the letter can be supplied by NSPCC);
- comply with the Fundraising Regulator Code which is available at https://www.fundraisingregulator.org.uk/code and all applicable laws and regulations relating to charity fundraising including any relevant industry guidance or codes of practice issues by Fundraising Regulator, Charity Commission, Charity Commission for Northern Ireland, Office of the Scottish Charity Regulator, National Council for Voluntary Organisations and Scottish Council for Voluntary Organisations and/or any similar or replacement regulatory or self-regulatory body or bodies which may come into existence;
- be responsible for the health and safety of participants and spectators at fundraising events, including necessary risk assessments, safety equipment and insurance and supervision. If reasonably requested, the NSPCC may see a copy of its insurance certificates and risk assessments prior to certain fundraising;
- not, in undertaking any fundraising activity do anything, or permit anything to be done which could impair the good reputation, name, logo or general goodwill of the NSPCC in any way and ensure that none of its fundraising activities are contrary to the activities of the NSPCC;
- obtain, maintain and comply with all permissions, consents, approvals, certificates, permits, licenses, agreements and authorities (whether statutory, regulatory, contractual or otherwise) necessary for the provision of the fundraising activities;
- conduct the fundraising activities in such a manner as to protect children and vulnerable people which includes adults at risk, who is anyone aged 18 years or over who may: (a) be at risk of abuse or neglect because of their needs for care and support; (b) not have capacity to make a decision; and/or (c) be in a vulnerable circumstance and require additional care and support, and other members of the public from the following behaviour:
- i. unreasonable intrusion on a person’s privacy, or
- ii. unreasonable persistent approaches for the purpose of soliciting or otherwise procuring money or other property, or
- iii. placing undue pressure on a person to give money or other property;
- report to the NSPCC in writing if requested, how the school and its employees, staff, other workers, consultants, agents, sub-contractors, third parties or assignees shall comply with these fundraising requirements;
- ensure that it complies with its own Child Protection Policy and Procedures and shall have regard to NSPCC’s Safeguarding Code of Conduct and Guidance on Appropriate Conduct if any of the fundraising activities involve children; and
- count all sums raised by the School in respect of any fundraising activity undertaken and donate such sums to the NSPCC within 28 days of the event or activity unless otherwise agreed in writing with the NSPCC.