Vulnerability
- 'Vulnerable Individuals' is a legal term covering Children & Young People under 18, and ‘Adults with Learning Difficulties’. The concern of this policy is to afford protection from sexual, emotional and physical abuse, exploitation and other actions and activities that may be considered harmful.
- Persons with an interest in photography between the ages of 14 and18 are welcome to join the Society. However, they must be accompanied by a responsible adult. Please see section 5 (and subsections) below.
- The Sexual Offences Act 2003 states that the age of consent is 16 years. But it is also illegal, regarding 16-17 years old persons, to take, show or distribute indecent photographs, pay for or arrange sexual services, or to be engaged in sexual activity with anyone in a position of trust (e.g. teacher, care worker).
- There is no requirement for a Photographic Society that any member should be subject to a Disclosure and Barring (previously CRB) check even if vulnerable individuals are admitted to its meetings, but given the nature of the Society’s main activity i.e., Photography, it is advisable that certain guidelines should be in place.
- It is totally accepted that the Society does not include the taking or viewing of indecent images at its meetings or outings. However, given the blurred distinction between indecent and artistic nude photography, it is the Society’s policy to encourage Junior Membership up to 18 years of age, but subject to the following restrictions:
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- That the minimum attendance age shall be 14 years, and that minors aged 14-18 years shall be accompanied by a parent or legal guardian, or a responsible adult appointed in writing (to be shown) by them.
- Taking into account the importance of the conditions in 3, together with 5 above, the Society officials will advise minors, vulnerable individuals and their parents/guardians if a certain planned meeting may not be suitable for them to attend.
- At portrait sessions, the photographing of vulnerable individuals or minors will not be allowed without their permission being sought, through and with their attendant responsible adult.
- The Society will offer membership to vulnerable individuals and will provide this Policy Statement to be approved by their parent or legal guardian. This will be accompanied by an Approval List to be checked and signed by that responsible adult.
- It will contain the following: -
- To nominate a responsible adult to accompany the vulnerable adult when unable to attend oneself.
- Agreement to pay the relevant subscription.
- Agreement to take responsibility before arrival and after departure as well as for the duration of the meeting.
- Provision for any action the Society officials should implement in the event that the vulnerable adult arrives unaccompanied
- Any other provisions the Society may consider appropriate giving special consideration to any unique or special activities the Society conducts that have not been considered in this document.
- Society members will be made aware of the provisions of this Policy and be reminded of their responsibilities, particularly in respect to the use of unacceptable language. This should also be pointed out to visiting speakers and judges.
- The Society will ensure safeguards be put in place in the event of unsupervised access to the internet at its meetings.
- While it is not unlawful for the Society to display photographs including those of vulnerable individuals in printed matter or on the internet, the Society will seek permission from them, through and with a parent or legal guardian before publication.
- While abuse is highly unlikely to occur within the setting of a Photographic Society, this Society recognises its obligation to protect vulnerable individuals (and its own reputation) by being observant of situations in which abuse could be a possibility, such as in the toilet facilities.
- Vulnerable individuals will not be allowed to operate, assemble or dissemble electrical equipment or enter the kitchen. This will be understood in the light of the Society’s Health & Safety Policy.
- If a Parent or Responsible Adult attends with their vulnerable individual, but has no personal interest in photography or the Society activities, the Society will consider a reduced or 'nil' attendance charge.
Notes:
The Society is insured for Public Liability. It should be understood that the PAGB Public Liability Scheme covers negligent acts, but specifically rules out "abuse of minors" which would unquestionably be considered to be wilful.
However, a parent whose child was alleged to have been abused might sue the perpetrator and/or the Society, and if the aggrieved party could establish that the Society had been negligent in allowing a member to have access to a vulnerable individual, a case could be made against the Society. The Committee might have to face the bill if adequate cover were not in place!
It should also be borne in mind that "abuse" is not limited to physical acts. Displaying unsuitable material - not just of nude bodies but, for example, pictures of war, persecution or torture, and even swearing in the presence of vulnerable individuals can fall into the category of abuse.
Society members, especially its’ officials, need to be watchful if anyone shows an abnormal interest in younger persons present.