School Policies | Heatherleys School of Fine Art

This page includes the policies of The Heatherley School of Fine Art:

Studio Etiquette
Personal Property
Refunds Policy
Heatherleys’ Complaints Policy
The British Accreditation Council Complaints Policy
Harassment & Bullying
Safeguarding & Prevent Support Guide

Studio Etiquette

We hope you have a happy and productive time at Heatherleys. We have a few simple rules that will make things in the studio easier and more enjoyable for everyone.

Punctuality: Please arrive on time. If you are late you are asked to be as quiet as possible in order not to disturb other students, the model and tutor.
Mobile Phones: We all value an atmosphere of calm and quiet concentration. Please switch off mobile phones before entering the studio. Phones left on ‘vibrate’ should only be answered outside the room.
Personal Stereos: ‘One to one teaching’ is also aimed at the whole group and students are expected to be aware of all discussion that takes place in the class. In order to promote an effective and inclusive learning environment for all, please do not wear personal stereos during classes.
Tidiness: Care for our studio environment is the responsibility of both student and tutor. Before you leave please check that your own area is clean, tidy and paint free. If possible stack easels or donkeys at the side of the room.
Brushes: Oily paint brushes should only be cleaned in the sink in the small room on the first floor, next to studio 4. Never clean brushes in any other sink. Please pour solvent into the large barrel provided and NOT down the sink.
Oil Paint Thinners: For you own health and safety, turpentine and white spirits are not used at Heatherleys. Please only use low odour thinners, available from the school shop.
Models: Most classes at Heatherleys are not possible without models. Please be considerate of their needs at all times. No photographs must be taken at any time.

Personal Property

Please take care of your personal property at all times and do not leave anything unattended. The School cannot take responsibility for anything lost, damaged or stolen on its premises. We ask that if you see anyone or anything suspicious in the School to please report this to your tutor or a member of the office staff. Please do not arrange to have deliveries for yourself made to the School without prior arrangement with a member of the office staff.

Refunds Policy

Refunds for Diploma and Post-Diploma Courses

All fees are payable 28 days in advance of commencement of respective courses with a 10% deposit to be paid upon acceptance of offer of course place. You have a statutory right to cancel your contract with the school after a “cooling off period” of 14 calendar days from date of payment of fees. Requests for refunds must be made in writing. Details of refunds are included in the course acceptance contract.

Refunds for Day and Evening Courses

All fees are payable in advance of commencement of respective courses. Fees for courses cancelled by the participant more than 14 days after the date of purchase are non-refundable. In the event of illness, refunds may be processed subject to acceptable medical documentation. In extenuating circumstances, refunds may be processed at the discretion of the school.

Courses cancelled by the participant within 14 days from the date of purchase can be refunded subject to a £25 administration charge. Agreed refunds will be processed within 21 days of request being agreed with the School.

Refunds of Installments

When students have an agreement with the school to pay in installments, students must give one full terms notice if they wish to leave the course, otherwise they are liable to pay the term in full. In the event of students withdrawing from the course due to illness, to secure a refund, students must provide full medical documentation of illness to the bursar.

Transfers

It might be possible to change the course you have enrolled for, but we cannot guarantee it. Please contact the office with your request. If you request is approved, an administration fee of £25 will apply.

Missed Classes

It is not possible to make up missed classes at another time or to have a credit or a refund for missed classes.

The Heatherley School of Fine Art reserves the right to cancel, combine, reschedule or modify courses, or adjust fees, or substitute lecturers as necessary.

Complaints Policy

Our policy is:

To provide a fair complaints procedure that is clear and easy to use by anyone wishing to make a complaint.
To publicise the existence of our complaints procedure so that people know how to contact us to make a complaint.
To make sure everyone at The Heatherley School of Fine Art knows what to do if a complaint is received.
To make sure all complaints are investigated fairly and in a timely manner.
To make sure that complaints are resolved and good relationships are maintained.
To gather information that helps us to improve what we do.

Definition of a Complaint – A complaint is any expression of dissatisfaction, whether justified or not, about any aspect of The Heatherley School of Fine Art.

Where Complaints Come From – Complaints may come from any student of The Heatherley School of Fine Art. A complaint can be received verbally, by phone, by email or in writing. This policy does not cover complaints from staff, who should refer to The Heatherley School of Fine Art Discipline and Grievance policies.

Confidentiality – Complaints will be handled sensitively. Details of a complaint will be subject to the relevant data protection requirements.
Responsibility The Academic Board has overall responsibility for this policy and its implementation.

Policy Review – This policy is reviewed regularly and updated as required. (Last reviewed: 29 October 2014 by Veronica Ricks, Principal)

It is anticipated that most complaints will be resolved on an informal basis, amicably, fairly and to the satisfaction of all concerned. We would encourage you to try to resolve the matter informally before making a formal complaint. You may complain about any aspect of school life for example, academic matters, the delivery of your course.

Note: If you are a member of a group that wishes to make a complaint, the group should appoint a spokesperson.

How to Make a Complaint

Discuss the matter with your project / class tutor or personal tutor at the earliest opportunity.
If your tutor is unable to resolve the issue, you should then contact either your Course Director or the Director of Studies. They will attempt to resolve or mediate the problem on your behalf by means of informal discussion. At this stage there may be a need for a written record to be made of your complaint.
If your complaint has not been satisfactorily resolved via informal discussion, you may then lodge a formal complaint.
Formal complaints must be made in writing to the School Principal and will be considered by the School’s Complaints Advisory Panel. The Panel will consist of the School Principal, members of the Academic Board and a student representative. The School Bursar will be present if there is a financial aspect to the complaint. The Panel will not include any member of staff who may be directly involved in the complaint.
Complaints will be acknowledged in writing within 5 working days. The acknowledgement will identify who is dealing with the complaint and when the complainant can expect a reply.
The complaint will be reviewed and if the complaint relates to a specific person, they will be informed and given an opportunity to respond.
After review you will receive a definitive reply within 4 weeks. If this is not possible because for example, an investigation has not been fully completed, a progress report will be sent with an indication of when a full reply will be given.
The response will contain a report of any conclusions or recommendations made or actions taken by the Complaints Advisory Panel in order to address the complaint. The Panel may dismiss the complaint if it is found to be unsubstantiated.
If you wish, you may ask for a hearing with the Complaints Advisory Panel to discuss the reasons for their decision and you may choose to be accompanied by an advisor. If your complaint has been made against another person, he or she may also be present and may also be accompanied by an advisor.
You have the right to see any witness statements.
The decision taken at this stage is final unless the Complaints Advisory
Panel decides to seek the assistance of the Board of Trustees.

Please Note:

Student records are confidential.
The School is unable to share any information concerning the academic progress, financial circumstances or health status of another student and will not enter into any discussion with a third party concerning these matters.
The School cannot consider complaints made by a third party.
The panel will only consider complaints received within one year of any alleged incident.
Academic judgments made by the School’s internal or external assessors about the quality of a student’s academic work (for example, at assessment exhibitions) are final. However, you may make an appeal to the Academic Board in certain circumstances, for instance in the case of mitigating factors with regard to final assessment. Your appeal should be made within 28 days of notice of assessment. Records of complaints received will be reviewed on a regular basis in order to identify any trends which may indicate a need for further action.
This procedure is reviewed regularly and will be updated as required. (Last reviewed October 2014)

The British Accreditation Council Complaints Policy

All accredited organisations must have an explicit and fair complaints procedure in place to which students, their parents/guardians, or other stakeholders have access, and this procedure should be exhausted before a complaint is referred to BAC. Please note that students at higher education providers in the UK are required to submit their complaint to the Office of the Independent Adjudicator. For further information concerning this Complaints Procedure please refer to the British Accreditation Council Handbook via their website.

Complaints by Students Against an Accredited Organisation

If a student or the student’s representative has completed the organisation’s own complaints procedure but has still not achieved a satisfactory resolution, the following should be submitted to BAC:

A detailed letter of complaint, including a full description of the cause for complaint and the circumstances in which it arose
A written statement either by letter or email from the complainant authorising BAC to
investigate the complaint and to raise the matter with the organisation on the complainant’s behalf.
Copies of all supporting documentation relating to the complaint. BAC staff will seek to resolve all complaints received against accredited organisations to the mutual satisfaction of the complainant and the organisation, with the exception of complaints that appear to relate to offences more appropriately referred to a statutory authority.

What BAC Can Do

When BAC receives a complaint from a student or his/her representative against an accredited organisation, the following procedure applies:

BAC requests evidence to support the complaint; and
BAC requests evidence to show that the complainant has exhausted the organisation’s complaints procedure.

Only if the above evidence is received will the procedure below be followed:

The details of the complaint will be recorded by BAC staff.
BAC will collate the relevant documentation.
The organisation concerned will be informed of the nature of the complaint and asked to investigate its cause.
The organisation will be required to submit a written response within ten working days, detailing the outcome of its investigation and, where appropriate, proposing a course of action to resolve the matter.
BAC will inform the complainant of the outcome of the organisation’s investigation and any proposed course of action.
BAC will, with the agreement of both the complainant and the organisation, make reasonable attempts to mediate between the two parties in order to resolve the matter.
BAC may make recommendations for resolving the matter, but these will not be binding on either party.

If the matter remains unresolved after BAC’s attempts, a report on the complaint will be made to the Accreditation Committee. A report will also be made to the Accreditation Committee if more than three complaints against any one organisation are received in any one year.

If a complaint is received against an organisation that BAC does not accredit, BAC will ascertain whether or not the organisation is accredited by another recognised accrediting body. If it is, BAC will redirect the complainant to that other body. Any new or outstanding complaint against an organisation whose accreditation has been withdrawn by BAC, or that withdrew voluntarily from accreditation, may be similarly redirected should the organisation later be awarded accreditation by another recognised accrediting body.

The Role of the Accreditation Committee

If the Accreditation Committee (or a delegated sub-committee of its members) receives a report on a complaint against an accredited organisation, it will assess whether or not there is evidence that the standards required for accreditation are not being met, and it may make one of the following decisions:

To dismiss the complaint.
To require further investigation of the complaint by BAC, which may include an unannounced
spot check at the organisation’s expense.
To require the organisation to undertake remedial or compensatory action where it is
considered to have failed to meet its responsibilities or uphold the standards of accreditation; if the organisation refuses to undertake such action, its accreditation may be suspended or withdrawn.
To require an immediate spot check, supplementary inspection, or full inspection at the organisation’s expense where there is evidence that the minimum standards required for accreditation are not being met; if the organisation refuses to submit to the inspection, its accreditation may be withdrawn.
To withdraw accreditation; this decision is normally made only where the report of the
complaint indicates that the organisation has refused to cooperate with BAC’s investigation; that it has refused to take any required remedial or compensatory action; or that there is convincing evidence of illegal behaviour by its senior management or any other serious breach of BAC’s regulations.

BAC will notify the complainant and the organisation in writing of the Accreditation Committee’s decision.

What BAC Cannot Do

BAC cannot consider complaints under the following circumstances:

Where the complainant has failed, without good reason, to make use of the organisation’s own complaints procedure.
Where the complainant fails to provide evidence to support the complaint.
Where the organisation is not currently accredited by BAC.
Where the substance of the complaint is not relevant to BAC’s regulations or accreditation standards.
Where the complaint is made anonymously or solely by telephone; complaints must
be made in writing and accompanied by the complainant’s name and address.
Where the complaint relates to a refund claim but is not accompanied by legible proof of payment in the form of a receipt; copies of bank statements are not sufficient.
Where the complaint is already subject to a legal process or the complainant has engaged a solicitor in relation to the complaint.
Where the complaint relates to a contractual dispute between the organisation and an employee or employees.
Where the complainant before enrolment has failed, without good reason, to establish that the content of a course is of value to him or her and that the awarding body is appropriately recognised.

BAC cannot enforce an accredited organisation to make any financial recompense to a complainant, even if BAC upholds a complaint against an organisation.

Other Complaints Against an Organisation

BAC will carry out an investigation where a statutory body shares evidence or intelligence that a BAC- accredited organisation is breaching legal requirements. Under these circumstances, the statutory body will be informed of the outcome of BAC’s investigation of the complaint.

No formal complaints procedure is available to any other complainant, but BAC may choose to carry out its own investigation of accredited organisations if it receives any evidence or intelligence of a failure to meet the standards required for accreditation or of a breach of other BAC regulations.

Complaints against BAC

BAC is committed to working in an open, transparent, and accountable way, which includes responding positively to complaints from organisations by investigating them thoroughly and, where appropriate and possible, correcting any mistakes identified.

Complaints about Inspections or Inspectors

An inspection evaluation questionnaire is emailed to the organisation when inspections are arranged. Please use this to submit any feedback (positive or negative) you may have about the inspectors or the conduct of the inspection.
If an organisation wishes to raise a complaint regarding an inspection or an inspector, this should be detailed in the feedback form and submitted to BAC within ten working days of the end of the inspection.

The complaint will be reviewed by the Chief Inspector, who may contact the complaining organisation if further information is required.

The Chief Inspector will contact the lead inspector for their feedback. The inspector will have ten working days to respond.

The Chief Inspector will make a decision on the complaint and any follow-up action, if
necessary, within ten working days of receiving the lead inspector’s feedback.
The complaining organisation will be notified of the Chief Inspector’s decision and any follow-up action within ten working days of the Chief Inspector’s decision.

Complaints about BAC staff

The roles and responsibilities of BAC staff are fully addressed in their training programmes. Staff are made aware of what is expected of them, both in the content of their work and in the way they carry it out. BAC takes seriously its duty to prepare inspectors and staff to do their work effectively, professionally, and with due courtesy and regard to the organisation and its staff. In turn, BAC expects organisations to treat inspectors and staff with the respect, courtesy, and professionalism necessary for a successful inspection. However, BAC recognises that there may be occasions when organisations wish to complain about the conduct, behaviour, and actions of BAC, its staff, or its agents in relation to the published purposes, procedures, criteria, methods, and protocols associated with its accreditation schemes. Complaints such as these should be sent to the Chief Executive. A member of BAC staff may contact the organisation to investigate any negative feedback.

Complaints about BAC accreditation schemes

These will be considered by the Accreditation Committee. Complaints such as these should be submitted in writing to the Chair. Complainants will be informed of the Accreditation Commitee’s response to their complaint by its Chair within ten working days of the meeting.

Anti-Harassment & Anti-Bullying Policy and Procedure

*Last Reviewed November 2023 by Veronica Ricks (Principal)

Introduction

Heatherleys School of Fine Art believes that every member of our school community has the right to study, work and use the School without fear of harassment or bullying. Whether on grounds of sex, race, disability, age, religious or political beliefs, sexual orientation or any other ground which may affect a person’s dignity. We are committed to creating a positive environment where all members of the School can thrive and will not tolerate behaviour that fails to support our values.

It is essential that the School environment is such that victims of harassment or bullying feel able to bring such conduct into the open without fear of retaliation, embarrassment or feelings of guilt. In addition, there must be a well-understood procedure to deal with such incidents and to counteract the effects of harassment and bullying.

Steps to take if you feel you are being harassed or bullied

Step 1: Ask the harasser to stop

If you feel that you are being personally harassed or bullied you should not feel that it is your fault or that you have to tolerate it. You should approach the individual(s) concerned and make it clear to them that their behaviour is unwelcome. The person may not realise that they are being offensive or unreasonable and talking to them may resolve the problem at this informal stage without the necessity of lodging a formal complaint. If you would like advice on handling the situation you should talk to your tutor or Course Director if you are a student or to your Line Manager if you are a member of staff.

Step 2: Keep a record of the harassment and seek mediation

If you feel you are being harassed then keeping a record of events will help in any investigation of them, but failure to do so will certainly not invalidate a complaint. Consider the following points:

When did it start?
What happened?
Were there any witnesses?
Were there any threats of reprisal?
What did you do?

If the harassment continues, despite your efforts to stop it you should report this to your Tutor or Course Director if you are a student or to your Line Manager if you are a member of staff. They will ensure that your complaint is investigated and will help you to try and resolve the matter informally through mediation. In cases involving mediation appropriate safeguards will be put in place to ensure a harassment-free working and learning environment. These safeguards may relate to all persons involved.

Step 3: Make a formal complaint

If you consider the harassment or bullying actions to be serious and that mediation will not work you should immediately lodge a formal written complaint to the Principal and this will be investigated according to the School Complaints Policy and Procedure. In cases involving a formal procedure, appropriate safeguards will be put in place to ensure a harassment-free working and learning environment. These safeguards may relate to all persons involved.

Step 4: Formal investigation

Your complaint will be considered and the School may appoint an Investigating Officer to fully investigate any formal complaint of alleged harassment or bullying. The School will endeavour to support alleged victims of any harassment and bullying to ensure they can work and study without fear. This may involve suspension without prejudice of alleged perpetrators whilst the investigation is being completed or, in very serious cases, it may include the involvement of outside bodies such as the police.

Step 5: Action

After the investigation has been completed an appointed senior manager of the School will determine what further action may be required. A justified complaint may result in action being taken under the School’s Disciplinary Procedures. Equally a complaint which is made and considered by the School to be cynical or mischievous may result in disciplinary action being taken against the complainant.

1. Our Commitment

Heatherleys School of Fine Art aims to create a learning environment free of harassment and bullying where everyone is treated with dignity and respect and students have the opportunity to realise their full potential. The aim of this policy is to support this ethos and to strive to prevent harassment and bullying from occurring.

Harassment and bullying can have very serious consequences for individuals and the School. Harassment or bullying may make people unhappy, may cause them stress and affect their health and family and social relationships, may affect their learning and could cause them to leave their course. Effects on the School could include poor retention rates and damage to the School’s reputation. Any member of the School community found guilty of harassment or bullying may face disciplinary penalties, up to and including dismissal and may find their own and social relationships are adversely affected. Serious harassment may be a criminal offence.

The School will not tolerate any form of harassment or bullying, and is committed to ensuring that all students and members of staff are able to work confidently and without fear of harassment, bullying or victimisation. All allegations of bullying and harassment will be investigated promptly and, if appropriate, disciplinary action will be taken. Where an employee is found to have committed a serious act of bullying or harassment against a student it will be dealt with according to staff disciplinary procedures. Where a student is found to have harassed or bullied an employee, the School will deal with this under the student disciplinary procedure, which could result in expulsion. Where an employee reports an incident of harassment or bullying by a third party, the School will take appropriate action. The School will not tolerate victimisation of a person for making allegations in good faith or supporting someone to make such a complaint. If victimisation is found to have occurred it will be treated as a disciplinary offence.

In order to meet our commitment, the School will ensure that all students and members of staff understand their rights and responsibilities and are aware of the procedure for dealing with complaints of bullying or harassment.

2. Scope

This policy covers the bullying and harassment of students by other students or by staff or anyone else engaged to work at the School whether in a paid or voluntary capacity. Also of staff by any other member of staff or by any student. If the alleged harasser is not employed by the School, e.g. if the worker’s contract is with an agency or sub-contractor, this policy and procedure will apply with any necessary modifications such as that the School could not dismiss the worker but would instead require the agency to remove the worker after appropriate investigation.

The policy covers bullying and harassment in the School but also on any premises where attendance is part of the course or employment contract.

3. What is bullying and harassment?

3.1 Bullying

There is no legal definition of bullying but it may be characterised as offensive, intimidating, malicious or insulting behaviour, and/or an abuse or misuse of power that is meant to undermine, humiliate or injure the recipient.

3.2 Harassment

Harassment is unwanted conduct related to relevant protected characteristics as defined by the Equality Act 2010 which are sex, gender reassignment, race (which includes colour, nationality and ethnic or national origins), disability, sexual orientation, religion or belief and age) that:

has the purpose of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that person: or
is reasonably considered by that person to have the effect of violating their dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for them, even if this effect was not intended by the person responsible for the conduct.

Conduct may be harassment whether or not the person behaving in that way intends to offend. Something intended as a “joke” may offend another person. Different people find different things acceptable. Everyone has the right to decide what behaviour is acceptable to them and to have their feelings respected by others. Behaviour which any reasonable person would realise would be likely to offend will be harassment without the recipient having to make it clear in advance that behaviour of that type is not acceptable to them, eg. sexual touching. It may not be so clear in advance that some other forms of behaviour would be unwelcome to, or could offend, a particular person, eg. certain “banter”, flirting or asking someone for a private drink after School. In these cases, first-time conduct which unintentionally causes offence will not be harassment but it will become harassment if the conduct continues after the recipient has made it clear, by words or conduct, that such behaviour is unacceptable to them.

Harassment may occur where a person engages in unwanted conduct towards another because they perceive that the recipient has a protected characteristic (for example, a perception that they are gay or disabled) when the recipient does not in fact have that protected characteristic. For example, it would be harassment for an individual to repeatedly tease an individual because of an incorrect belief that the recipient is deaf. Similarly, harassment could take place where an individual is bullied or harassed because of another person with whom the individual is connected or associated, for example if they have a child who is disabled, a wife who is pregnant or a friend who is a devout Christian.

A single incident can be harassment if it is sufficiently serious.   Bullying or harassment will constitute unlawful discrimination where it relates to one of the protected characteristics. Serious bullying or harassment may amount to other civil or criminal offences, e.g. a civil offence under the Protection from Harassment Act 1997 and criminal offences of assault.

3.3. Examples of bullying and harassment

Examples of unacceptable behaviour that are covered by this policy include (but are not limited to):

Physical conduct ranging from unwelcome touching to serious assault
Unwelcome sexual advances
Threats for rejecting sexual advances, eg. suggestions that refusing advances will adversely affect a student’s marks or an employee’s work reference
Demeaning comments about a person’s appearance
Unwelcome jokes or comments of a sexual or racial nature or about an individual’s age, disability, sexual orientation or religion
Questions about a person’s sex life
Unwanted nicknames relating to a person’s age, race or disability
The use of obscene gestures
Excluding an individual because they are associated or connected with someone with a protected characteristic, eg. they have a child who is gay, a spouse of different ethnicity or a parent who is disabled
Ignoring an individual because they are perceived to have a protected characteristic when they do not, in fact, have the protected characteristic, eg. an employee is thought to be Jewish, or is perceived to be transsexual
The open display of pictures or objects with sexual or racial overtones, even if not directed at any particular person, eg. magazines, calendars or pin-ups unless this is part of an academic critique
Spreading malicious rumours, allegations or gossip or insulting someone.
Copying emails that are critical about someone to others who do not need to know
Picking on someone or setting them up to fail
Overbearing supervision or other misuse of power or position
Shouting, abusive or intimidating language
Intrusion by pestering, spying or stalking
Cyber-bullying: ie. The sending or posting of harmful, cruel or offensive text or images by email, internet, social networking websites or other digital communication devices.

The above list is intended to give an indication of the types of behaviour that the School considers to be unacceptable; however, it is not exhaustive.

It is accepted that vigorous academic debate and an occasional raised voice or argument in class, of itself may not necessarily constitute harassment or bullying.

Bullying must be distinguished from the right of, and obligation placed on, staff to exercise proper supervision of students in the course of their duties, which may include legitimate, constructive and fair criticism of a student’s performance or behaviour at school. Staff will exercise this supervision in a fair, constructive, consistent and reasonable manner that does not compromise the student’s dignity. Similarly, reasonable (but perhaps unpopular) requests to students by a member of staff, in the normal course of their duties, will not be viewed as acts of harassment or bullying.

3.4 Third Party Harassment

The Equality Act 2010 makes the School potentially liable for harassment of its students or staff by third parties who are not employees of the School, such as a contractor. For example, it might be that a contractor makes a series of racist remarks to a student. Liability occurs when harassment has occurred on at least two previous occasions; the School is aware that the harassment has taken place and has not taken reasonable steps to prevent it from happening again.

If a student or member of staff feels that they have been bullied or harassed by a third party, they should report any such behaviour to their tutor, Course Director or their line manager who will take appropriate action.

3.5 Victimisation

Victimisation is subjecting a person to a detriment because they have, in good faith, complained (whether formally or otherwise) that someone has been bullying or harassing either them or someone else, or because they have supported someone in making a complaint or given evidence in relation to a complaint. This would include isolating someone because they have made a complaint.

Provided that a student or employee has acted in good faith, ie.they genuinely believes that what they have said is true, they have the right not to be victimised for making a complaint or doing anything in relation to a complaint of bullying or harassment. The School will take appropriate action to deal with any alleged victimisation. This may include disciplinary action against the person who is alleged to have victimised the person who has made a complaint.

Making a complaint that the complainant knows to be untrue, or giving evidence that is known to be untrue, may lead to disciplinary action being taken against the complainant.

4. Responsibilities

4.1 Trustees

Trustees are responsible for ensuring that:

They are familiar with the anti-harassment and anti-bullying policy
They are aware of the School’s legal responsibilities in relation to harassment and bullying.

4.2 Managers

The Principal and senior members of staff are responsible for:

Taking the lead in creating a positive, open culture that challenges unacceptable
behaviour
Ensuring that they are aware of their legal responsibilities towards learners and
members of staff
Ensuring that appropriate information is provided to students and staff
Ensuring that staff understand how to manage the procedures
Monitoring and reviewing the policy

4.3 Staff

Members of staff are responsible for ensuring that they:

Set a good example by their own behaviour
Create a supportive learning environment
Make sure that students know what standards of behaviour are expected of
them
Intervene to stop bullying and harassment
Are familiar with the harassment and bullying policy, and understand how to
Deal with a formal complaint

4.4 Students

All students are responsible for ensuring that they:

Are aware of how their behaviour may affect others and changing it, if
necessary, as behaviour can cause offence even it if is only meant to be a joke
Treat all members of the school community with dignity and respect
Take a stand if they think inappropriate jokes or comments are being made and
make it clear that they find harassment and bullying unacceptable
Make it clear to others if they find their behaviour unacceptable
Intervene, if possible and safe, to stop harassment or bullying and give support
to recipients
Are familiar with the policy and what to do if they wish to make a complaint
Participate in an investigation as and when appropriate

5. Guidance and Information for Students and Staff

In order to support the School’s aim of preventing harassment and bullying, guidance and information will be provided digitally or by hard copy to all staff and full time students. The Anti-harassment and Bullying policy will be made available in hard copy at information points in the school to all students and members of staff.

6. Support Available to Students

The School recognises the sensitive nature of harassment and bullying. Students or members of staff who believe they are being harassed or bullied may wish to discuss their particular situation in confidence before deciding what action to take. Students should discuss problems with their personal tutor but may also speak to any member of staff. Members of staff should speak to their line manager or to the Principal.

Confidentiality will be maintained as far as possible. However, if a student or member of staff decides not to take any action to deal with the problem and the circumstances described are very serious, the School reserves the right to investigate the situation in accordance with its duty of care to ensure the safety of all members of the school community who may be affected by the alleged behaviour.

7. Review and Monitoring

Managers will review and monitor the application of the policy on a regular basis, using information such as the number and nature of complaints raised and general feedback from students and staff. Managers will then make appropriate changes.

Cases involving vulnerable adults

Full and part time students in the school must all be aged 19 years or older. Where a victim is considered to be a vulnerable adult appropriate actions will be taken which may include contacting parents, guardians or other designated carers.

Safeguarding & Prevent Support Guide

*Last Reviewed November 2023 by Veronica Ricks (Principal)

This guide is to inform staff in the implementation and support of Safeguarding & Prevent responsibilities. The guide includes the following information:

Introduction to Prevent
Risk
Radicalisation and extremism
Responsibilities
Prevent and British Values
Freedom of Speech
Understanding and defining Safeguarding
Possible signs of Abuse or Radicalisation
Code of Conduct
Challenging extremism
Safeguarding and Prevent referral agencies
Channel and Procedure
HM Government ‘Seven Golden Rules to Sharing Information’
Safeguarding and Prevent Incident form

General Statement

In 2010 the Government published the Prevent Strategy, a national programme to stop people becoming terrorists or supporting terrorism. There have been several occasions in which extremist groups have attempted to radicalise vulnerable young people to hold extreme views including views justifying political, religious, sexist or racist violence, or to steer them into a rigid and narrow ideology that is intolerant of diversity and leaves them vulnerable to future radicalisation.

1. Introduction to Prevent

The government’s strategy for countering terrorism, the Contest Strategy, is split into 4 areas: Pursue, Protect, Prepare and Prevent. All FE institutions have to comply with the Prevent Duty under the Counter Terrorism Act 2015.

The Prevent Strategic objective is to stop people from becoming or supporting terrorists or radicalisation and to challenge all forms of terrorism, including the influence from far right extremist groups.

The Prevent Duty is to protect people from all streams of extremist activity and is not solely aimed at one specific group.

The Prevent Strategy has 3 key objectives:

Respond to the ideological challenge of terrorism and the threat we face from those who promote it
Prevent people from being drawn into terrorism and ensure that they are given appropriate advice and support
Work with sectors and institutions where there is a risk of radicalisation which we need to address

The Home Office Prevent Duty guidance document sets out clear expectations and responsibilities for board members, leaders, managers and staff:

“We expect active engagement from boards, managers, leaders and staff with other partners including the police and regional Prevent coordinators”

“We expect institutions to demonstrate that they undertake appropriate training and development for boards, leaders, managers and staff”

Prevent is part of safeguarding learners and all providers of Further Education have a duty to safeguard their learners from all aspects of abuse, exploitation and radicalisation. Implementing the Prevent Duty can be a sensitive issue for some learners and communities and it is important to state that this is not about spying on learners or staff or about stopping conversations on controversial or sensitive topics. The Prevent Duty is intended to safeguard providers of Further Education, learners and staff from being exposed to exploitation or radicalisation and to support the discussion and understanding of complex and controversial issues.

2. Risk

The current threat from terrorism in the United Kingdom may include the exploitation of vulnerable people, to involve them in terrorism or in activity in support of terrorism. The normalisation of extreme views may mean that young and vulnerable people are susceptible to manipulation and exploitation. The Heatherley School of Fine Art (HSFA) is clear that this exploitation and radicalisation should be viewed as a safeguarding concern and seeks to protect young and vulnerable people against the messages of all violent extremism.

Risk reduction: The Senior Management Team and the designated Lead Safeguarding Officer (Safeguarding Champion) will assess the level of risk which may include consideration of the use of our premises by external agencies, curriculum, Outreach provision, disclosed safeguarding cases, anti-bullying policy and other issues specific to our profile, community and philosophy.

Intervention: Numerous factors can contribute to and influence the range of behaviours that are defined as violent extremism, but most young people do not become involved in extremist action. For this reason the appropriate interventions in any particular case may not have any specific connection to the threat of radicalisation, for example they may address mental health, relationship or drug/alcohol issues.

3. Radicalisation and extremism

Radicalisation refers to the process by which a person comes to support terrorism and forms of extremism leading to terrorism.

Extremism is defined by Government in the Prevent Strategy as:

Vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs.

Extremism is defined by the Crown Prosecution Service as:

The demonstration of unacceptable behaviour by using any means or medium to express views which:

Encourage, justify or glorify terrorist violence in furtherance of particular beliefs;
Seek to provoke others to terrorist acts;
Encourage other serious criminal activity or seek to provoke others to serious criminal acts
Foster hatred which might lead to inter-community violence in the UK.

There is no such thing as a “typical extremist”. Those who become involved in extremist actions come from a range of backgrounds and experiences, and most individuals, even those who hold radical views, do not become involved in violent extremist activity.

Students may become susceptible to radicalisation through a range of social, personal and environmental factors. It is known that violent extremists exploit vulnerabilities in individuals to drive a wedge between them and their families and communities. It is vital that staff are able to recognise those vulnerabilities.

Indicators of vulnerability include:

Identity Crisis – the student is distanced from their cultural / religious heritage and experiences discomfort about their place in society;
Personal Crisis – the student may be experiencing family tensions; a sense of isolation; and low self-esteem; they may have dissociated from their existing friendship group and become involved with a new and different group of friends; they may be searching for answers to questions about identity, faith and belonging
Personal Circumstances – migration; local community tensions; and events affecting the student’s country or region of origin may contribute to a sense of grievance that is triggered by personal experience of racism or discrimination or aspects of Government policy;
Unmet Aspirations – the student / pupil may have perceptions of injustice; a feeling of failure; rejection of civic life;
Experiences of Criminality – which may include involvement with criminal groups, imprisonment, and poor resettlement / reintegration;
Learning Support Needs – students may experience difficulties with social interaction, empathy with others, understanding the consequences of their actions and awareness of the motivations of others.

This list is not exhaustive, nor does it mean that all people experiencing the above are at risk of radicalisation for the purposes of violent extremism.

More critical risk factors could include:

Being in contact with extremist recruiters;
Accessing violent extremist websites, especially those with a social networking element;
Possessing or accessing violent extremist literature;
Using extremist narratives and a global ideology to explain personal disadvantage;
Justifying the use of violence to solve societal issues;
Joining or seeking to join extremist organisations;
Significant changes to appearance and / or behaviour;
Experiencing a high level of social isolation resulting in issues of identity crisis and / or personal crisis.

4. Responsibilities

The Heatherley School of Fine Art (HSFA) will provide staff with the support they need to implement the Prevent Duty. This will include annual Safeguarding and Prevent risk assessments, arranging training, awareness sessions for staff and management, sharing good practice and ensuring communication is frequent and open. HSFA acknowledges its responsibilities and requirements in relation to Prevent and Safeguarding.

The Board of Directors have responsibilities under the Prevent Duty to:

Actively engage with partners, including the police and Prevent coordinators
Undertake appropriate training and development in Prevent Duty
Nominate a Prevent board member who will oversee the Duty and Safeguarding
Exemplify British Values in their conduct (see Prevent and British Values definition below)
Set the school strategy for Prevent
Comply with the requirements of the Equalities Act 2010 in ensuring that the school will challenge discrimination and expects learners to comply with this legislation also
Ensure that the school will challenge racism, islamophobia, tackle hate and prejudice based bullying, harassment and intimidation as part of a commitment to exemplify British values.
Appreciate the sensitivity of the subject and the need to approach the issues carefully with all learners and communities
Ensure that the Duty and its requirements are communicated to all levels of the school organisation – management, teaching staff, technical, administrative and support staff and learners

Senior School management have responsibilities under the Prevent Duty. They must ensure that:

They have active engagement with local partners and support groups and regular contact with Prevent Coordinators
There are clear, visible policies and procedures for managing whistleblowing and complaints
Policies are in place for learners using IT equipment safely, legally and securely
Prevent compliments the school’s Safeguarding Policy and the Equality Acts and covers the welfare and safety of learners and staff
A risk assessment is carried out by the school to address the implementation of Prevent.
Appropriate training in Prevent is provided for all staff.
Staff exemplify British Values in their management, teaching and through their general behaviours in the school.
Opportunities within the curriculum are used to promote British Values to learners
Robust procedures are in place for sharing information internally and externally about vulnerable individuals
There is a clear Prevent referral process with a designated single point of contact who is known to all staff and learners
Pastoral care is at the heart of the school and available to all learners who are vulnerable or being exploited

5. Prevent and British Values

To comply with the Prevent Duty, providers of further education are expected to exemplify British Values in their management, teaching practice and general behaviours. British Values are defined as:

Rule of Law
Individual Liberty
Mutual respect and tolerance of those from other backgrounds, religions, beliefs,
Democracy
Compliance with the Equality Act and those protected by it.

The Protected Characteristics in the Equality Act are:

Age
Gender reassignment
Disability
Marriage & civil partnership
Pregnancy & maternity
Race
Religion or belief
Sex
Sexual orientation

Tutors at HSFA are expected to understand and embed British Values within their teaching, to ensure learners are aware of them, can evidence and exemplify them and understand what it means to be a successful learner who can take part in life in Britain today. Tutors must promote an open culture which allows freedom of speech and exploration of issues that affect learners locally, nationally and internationally.

Learners are required to understand how to keep themselves protected from risks associated with radicalisation, extremism, forms of abuse, grooming, bullying and staying safe online. The Heatherley School of Fine Art must operate as a safe place for learners to communicate, but challenge views or discussions where they become offensive, extreme or upsetting to others.

6. Freedom of Speech

HSFA values freedom of speech and the expansion of beliefs / ideology as fundamental rights underpinning our society’s values. Both students and staff have the right to speak freely and voice their opinions. However, freedom comes with responsibility and free speech designed to manipulate the vulnerable or that leads to violence and harm of others goes against the moral principles in which freedom of speech is valued. Free speech is not an unqualified privilege; it is subject to laws and policies governing equality, human rights, community safety and community cohesion.

Tutors must promote an open culture which allows freedom of speech and exploration of issues that affect learners locally, nationally and internationally. Heatherleys will operate as a safe place for learners to communicate, but challenge views or discussions which become offensive, extreme or upsetting to others.

7. Understanding and defining Safeguarding

Organisations which work with vulnerable groups, must always act in their best interests and ensure they take all reasonable steps to prevent harm to them. Having safeguards in place within an organisation not only protects and safeguards those who are vulnerable but also enhances the confidence of trustees, staff, carers and the general public. Working together to Safeguard vulnerable adults includes:

Promotion of the welfare of vulnerable adults which is paramount and must be a basis of our working practices
Ensuring that every vulnerable adult not only feels safe but is safe in all areas of the school.
Operating zero tolerance to bullying by staff and learners
Having the ability to identify categories of abuse or exploitation and know the support and referral channels available
Having appropriate policies, procedures and training in place to safeguard learners, staff and the organisation.
Having a designated member of staff in place to support safeguarding arrangements.

Training organisations must comply with the Safeguarding Vulnerable Groups Act (2006). This act defines two groups of people that it sets out to protect:

Children (under 18)
Vulnerable Adults

The Heatherley School of Fine Art does not admit children or young people under the age of 18 years old to any of it’s Diploma, Part time, Vacation or Online courses. Outreach projects may involve HSFA staff in working off site with young people under the age of 18 or with vulnerable adults. Where this is the case DBS checks will be made and kept on a secure central register. Where HSFA staff are invited to conduct workshop projects offsite in local school settings, pupils will be accompanied and supervised by a teacher or guardian appointed by their school.

Local schools may be invited to visit HSFA in order to make use of our studio facilities. Appropriate risk assessment will be carried out. Young people will be accompanied and supervised during their visit by a teacher appointed and vetted by their school.

The Safeguarding Vulnerable Groups Act 2006 defines a Vulnerable Adult as:

Those in residential accommodation provided in connection with care or nursing or in receipt of domiciliary care services
Those receiving health care
Those in lawful custody or under the supervision of a probation officer
Those receiving a welfare service of a prescribed description or direct payments from a social services authority
Those receiving services, or taking part in activities, aimed at people with disabilities or special needs because of their age or state of health
Those who need assistance in the conduct of their affairs

The Safeguarding Vulnerable Groups Act aims to prevent unsuitable people from working (either paid or unpaid) with vulnerable adults. It does this by vetting all those who wish to work with vulnerable groups and barring those where information shows they pose a risk of harm. HSFA will ensure that tutors and all staff working with young people or vulnerable adults will receive DBS checks and these will be stored on a secure central register.

To fulfil the requirements of the Safeguarding Act The Heatherley School of Fine Art must:

Adopt recruitment processes that comply with the law and ensure that vulnerable adult learners are protected.
Ensure that all recruitment processes are in accordance with the “Safer recruitment” guidance
Take all necessary actions to comply with current legal safeguarding requirements.
Ensure that annual Safeguarding training is completed for all staff
Undertake an adequate risk assessment to establish what action is required where their employees have regular contact with vulnerable learners.
Ensure that school staff working in Outreach projects with vulnerable adults or young people receive DBS checking, the details of which are kept on a secure central register.
Ensure that Health and Safety and Safeguarding Assessments are checked annually.
Ensure that a Staff Safeguarding Code of Conduct is produced to help protect staff as well as learners.

The Heatherley School of Fine Art has a legal Duty of Care for all learners they work with.

HSFA will appoint an appropriate person as Safeguarding/Prevent lead. Part of this duty of care is to report cases of suspected abuse. If any member of staff has concerns about a learner they work with, they must report this to the Safeguarding / Prevent lead.

8. Abuse

There are different categories of abuse all leaders, managers and staff need to be aware of. These are:

Physical Abuse
Emotional / psychological Abuse
Sexual Abuse
Severe neglect
Financial / material abuse
Exploitation (inc Radicalisation).

Possible signs of abuse

Staff may become aware of potential abuse in three main ways:

They may observe signs in a learner that lead to a suspicion of a form of abuse
Learners themselves may disclose that they have been abused
A whistleblowing claim may be made about a learner by someone who may suspect a form of abuse

There are signs to look out for when working with learners that may indicate abuse. Although these signs may not directly indicate a safeguarding issue, it may help tutors or support staff to identify differences in behaviours that may need some follow up action.

Physical Abuse

Unexplained injuries or burns (inc Self- Harming)
Refusal to discuss injuries
Improbable explanations to injuries
Untreated injuries or lingering illnesses
Admission of punishment which appears excessive
Shrinking from physical contact
Fear of returning home or of parents / guardians / spouse being contacted
Aggression or bullying of other people
Significant behavioural change
Deterioration of work (which could have various explanations)
Unexplained pattern of absences

Emotional / Psychological Abuse

Continual self-deprecation
Fear of new situations
Inappropriate emotional responses
Self-harm or mutilation
Compulsive stealing
Drug / alcohol / solvent abuse
‘Neurotic’ or obsessive behaviour
Social isolation (which could have various explanations)
Desperate attention seeking (which could have various explanations)
Eating problems (which could have various explanations)
Depression & withdrawal (which could have various explanations)

Sexual Abuse

Bruises, burns or bite marks
Sexual awareness inappropriate to the persons age
Aggressiveness, anger, anxiety, tearfulness
Withdrawal from friends
Promiscuity, prostitution, provocative sexual behaviours
Self-injury, suicide attempts, self-destructive behaviour
Recoiling from physical contact
Eating disorder (which could have various explanations)
Changes in behaviour (which could have various explanations)
Depression (which could have various explanations)

Severe Neglect

Constant hunger
Poor personal hygiene
Inappropriate clothing
Frequent lateness or non-attendance at work or class
Untreated medical problems
Low self-esteem
Poor social relationships
Compulsive stealing
Constant tiredness

Financial / Material

Loss of jewellery or personal property
Unexplained withdrawal of cash
Lack of money to purchase basic items
Misuse of benefits
Inadequate clothing

Exploitation / Radicalisation

Unexplained absences from work or class
Appearing with unexplained gifts or new possessions
New friends that are older
Mood swings or changes in emotional well being
Drug or alcohol misuse
Individuals views becoming increasingly extreme
Becoming increasingly intolerant
Expresses desire / intent to take part in extremist activity
Downloading, researching or viewing extremist propaganda
Withdrawn & focused on only one ideology
Changes in appearance, personality and becoming isolated from friends, family & local community (This needs to be addressed sensitively as it could have various explanations and could happen at different times during the year / religious celebrations)

9. Code of Conduct

Staff working with Vulnerable Adults must follow the Code of Conduct set out in this document.

You must NOT:

Make any unnecessary physical contact with a vulnerable adult. However if physical contact is unavoidable e.g providing comfort at times of distress, this should only take place with the consent of the learner.
Take vulnerable adults or young people alone in a car
Meet vulnerable adults outside the work / training environment
Engage in sexually provocative conversations or activity
Allow the use of inappropriate language to go unchallenged
Do things of a personal nature that learners can do themselves
Make promises to keep any disclosure confidential from the relevant authorities
Show favouritism to the vulnerable adult
Lie or say that everything will be ok when you cannot promise that
Criticise the abuser, especially if it is a parent / carer
Press for answers the learner is unwilling to give

You MUST:

Listen carefully to what is said
Take what is said seriously and accept what is told
Respect learners rights to privacy and encourage them to feel comfortable enough to report attitudes or behaviours they do not like
Act with discretion with regard to their personal situations and relationships.
Be aware of the procedures for reporting concerns or incidents and familiarise themselves with the contact details of the safeguarding champion and local authority contacts
Make your safeguarding champion aware of any inappropriate affection or attention from a learner to you
Report any concerns relating to the welfare of the learner to your safeguarding champion
Write down as soon as you can exactly what has been said – do not add in anything extra and use only the words used by the learner
Tell the learner you must pass the information on but only to those who need to know and tell them who these people are
Inform your safeguarding champion as soon as possible.

10. Challenging extremism

If students make comments which could be regarded as extremist staff should encourage students to:

think critically
consider whether the evidence they have is accurate and full
consider whether they have received a partial and/or unsustainable interpretation of evidence
consider alternative interpretations and views

Staff should use opportunities to challenge extremist narratives through discussion with students. If staff do not feel confident in challenging extremist ideas with their students they should ask for support from the Safeguarding lead (safeguarding champion)

If students behave in a way which contravenes the equality and diversity aspects of the Code of Conduct which they have signed, e.g. refusing to work with a gay student or a student of a different ethnicity, then this is a disciplinary issue and should be dealt with through normal disciplinary processes.

11. Safeguarding and Prevent Referral Agencies

Contacts

Safeguarding & Prevent designated Leads:

Veronica Ricks ( Principal)
Diana Horton (Student Support Officer)

Board of directors Prevent designated person: HSFA Chair of Trustees

Prevent Contact – Jennie Fisher

FE/HE Regional Prevent Co-Ordinator for London
Counter-Extremism Division
20 Great Smith Street, London SW1P 3BT
Mobile: 07880 469 588
www.gov.uk/dfe

Confidential Counter Terrorism Hotline – 0800 789321 or 999

Channel-Contact local Police PREVENT Lead by dialling 101 and asking for the PREVENT Lead for your area.

12. CHANNEL

Channel is an early intervention multi-agency process designed to safeguard vulnerable people from being drawn into violent extremist or terrorist behaviour. Channel works in a similar way to existing safeguarding partnerships aimed at protecting vulnerable people.

If you believe that someone is vulnerable to being exploited or radicalised, please use the safeguarding procedures established by HSFA to escalate your concerns to the Safeguarding lead, who can raise concerns to Channel if appropriate.

Procedure for raising a concern

Clarify the concern
Member of staff identifies a potential concern and documents as appropriate
Discuss with Safeguarding Lead.
Safeguarding lead will gather information.
Assessment: No concern. No further action required. Document as appropriate.

Safeguarding lead will assess the situation.
Assessment: Monitor future behaviour and re- raise the concern if required.
Obtain further advice or clarification if required by referring to Channel.
No concern. Channel advise no requirement for intervention

Safeguarding Lead will assess the situation.
Assessment: take the concern further by referring to advice from Channel.
If the concern is about a member of staff contact the Principal: Veronica Ricks.
No immediate danger but support intervention required.

Safeguarding lead will assess the situation.
Assessment: THERE IS A CONCERN: IMMEDIATE ACTION REQUIRED.
Contact local Police PREVENT Lead by dialling 101 and asking for the PREVENT Lead for your area. Or use the contact details given above.
Complete documentation for HSFA and store in a secure central register.

If there is any concern regarding an imminent threat of a terrorist activity, contact the Counter-Terrorism Hotline on 0800 789321 or 999.

HSFA Safeguarding lead will:

Act on advice received.
Document all conversations and advice received.
Complete Incident Form.

13. The seven golden rules to sharing information

(Information sharing – Advice for practitioners providing safeguarding services to children, young people, parents and carers)

Remember that the Data Protection Act 1998 and human rights law are not barriers to justified information sharing, but provide a framework to ensure that personal information about living individuals is shared appropriately.
Be open and honest with the individual (and/or their family where appropriate) from the outset about why, what, how and with whom information will, or could be shared, and seek their agreement, unless it is unsafe or inappropriate to do so.
Seek advice from other practitioners if you are in any doubt about sharing the information concerned, without disclosing the identity of the individual where possible.
Share with informed consent where appropriate and, where possible, respect the wishes of those who do not consent to share confidential information. You may still share information without consent if, in your judgement, there is good reason to do so, such as where safety may be at risk. You will need to base your judgement on the facts of the case. When you are sharing or requesting personal information from someone, be certain of the basis upon which you are doing so. Where you have consent, be mindful that an individual might not expect information to be shared.
Consider safety and well-being: Base your information sharing decisions on considerations of the safety and well-being of the individual and others who may be affected by their actions.
Necessary, proportionate, relevant, adequate, accurate, timely and secure: Ensure that the information you share is necessary for the purpose for which you are sharing it, is shared only with those individuals who need to have it, is accurate and up-to-date, is shared in a timely fashion, and is shared securely (see principles).
Keep a record of your decision and the reasons for it – whether it is to share information or not. If you decide to share, then record what you have shared, with whom and for what purpose.

14. Safeguarding & Prevent Incident Form

Please use this form to record an incident or concern of abuse, neglect or potential vulnerability of any learner on your training programme. This includes any concerns for those learners who are /may be at risk of radicalisation or extremism. It is vital that HSFA maintain records of any incidents and pass them to the required agencies.

Name & full contact details if possible.
Concern or Incident
Date, time & Location
Action Taken
Follow up by HSFA
Name:
Signature:
Date:

Please retain a copy of this form for your records and pass the original copy to HSFA.