THE QUEEN’S COMMONWEALTH TRUST DIGITAL SAFEGUARDING POLICY

QCT’s work is all about Safeguarding – in that it seeks to safeguard and secure opportunities for young people today and in the future. QCT will continually review and improve its policies, systems and procedures to ensure they work and that they reflect best practice.

QCT believes that Safeguarding is fundamental to its work and embraces the opportunities it presents to share learning from recognised agencies to those it works with around the world. It works with those that share its commitment to Safeguarding and reflect its approach and principles within their digital online.

Social media and other digital platforms play an important role in QCT’s unique opportunity to engage with young people and wider stakeholders around the world. QCT Trustees, staff, volunteers and the wider audience use social media platforms for both personal and business capacity which can present risks to themselves, confidential information and reputation. To minimise these risks, and to ensure that QCTs own social media communications channels are used appropriately we have laid out standards and protocols within in this policy. The purpose of this policy and procedures is to assist QCT Trustees, staff, volunteers and the wider users by providing clear guidance about acceptable use on all social media platforms.

This document should be read in conjunction with the Safeguarding Policy and Procedures and the Code of Behaviour.

1. INTRODUCTION

Social media and other digital platforms play an important role in QCT’s engagement with young people and wider stakeholders around the world. We recognise that while the online world has huge benefits for QCT and those we engage with, there are also significant risks which must be addressed to ensure we are keeping the people we work with safe from harm.

Digital technologies have revolutionised the way people connect and interact. Websites, Facebook, Twitter, Instagram, Blogs, Vlogs, photo and video exchange sites all provide opportunities to connect and share, with digital and mobile technologies connecting young people across the world more than ever before. Young people seek out knowledge and information through digital platforms and use them to express their views and address issues that are important to them. Within this context, QCT uses digital technologies to champion young people all over the world and connect them with the information, people and resources they need to succeed, sharing information and inspirational content to engage them.

We recognise that technology is evolving at a fast pace and safety tools are constantly developing. Therefore, it is critical that safeguarding protocols and practices are kept up to date and 'keeping safer' measures are in place. This policy aims to help all QCT Representatives consider safeguarding of our staff and volunteers, young people and the wider public when engaging digitally.

This policy also sets out to support all stakeholder groups with information, advice and procedures to aid in their understanding and awareness of digital safeguarding risks.

It is recognised that when working with young people and those adults deemed at risk, their capacity to make specific decisions must be taken into consideration when applying these procedures. This will help young people and those adults deemed at risk to exercise choice and freedom whilst being encouraged to make decisions which promote their safety. At QCT, we are committed to:

• Providing our staff, volunteers and young people with information, advice and procedures on using digital platforms and social media and staying safe online. • Taking appropriate steps to safeguard young people online, including children and those adults deemed at risk. • Developing and reviewing our policy and protocols regularly.

Within this document, a ‘QCT Representative’ is defined as: QCT staff and Trustees, volunteers, consultants, contractors, partners and grant recipients.

2. WHAT IS SOCIAL MEDIA?

Social media refers to the latest generation of interactive services such as blogs, discussion forums and instant messaging. Social media includes:

• Social networking sites e.g. Facebook • Micro-blogging services e.g. Twitter • Video-sharing services e.g. You Tube • Photo-sharing services e.g. Websites, Flickr, Instagram

Social media platforms often incorporate more than one of the features listed alongside their primary services.

Examples of popular social media sites include, but are not limited to:

Refer to Appendix 2 for some common features that most social networking and interactive services adhere to.

3. OFFICIAL QUEEN'S COMMONWEALTH TRUST SOCIAL MEDIA ACCOUNTS

The QCT has a number of official social media presences, including (but not limited to) the:

Passwords for these accounts are held centrally by the Digital Content Team. Email addresses and passwords for these accounts must not be changed without the authorisation of the Marketing Manager or Marketing and Digital Innovation Director. QCT social media accounts should only be set up with the approval of the Marketing and Digital Innovation Director. This is to ensure that any new account which is set up fits the overall communications and social media strategy and QCT’s branding guidelines. Breaches of charity or media law and internal policies could have serious consequences for the organisation. Therefore, QCT reserves the right to suspend access of any staff member found to have published inappropriate material.

4. SOCIAL MEDIA AND ONLINE PLATFORM STRATEGY

The Marketing and Digital Innovation Director is responsible for the QCT’s social media and online platform strategy, and will consider the following:

5. ONLINE RISK

The online space provides many opportunities such as learning from and connecting with others, however there are also risks which we need to consider, particularly when communicating about others.

QCT considers that it is always unacceptable for anyone, young or older, to experience any kind of abuse or exploitation and that safeguarding children, young people and adults at risk and protecting them from harm is everyone’s responsibility.

What is online risk?

Online risk can be categorised into:

• Conduct: linked to sharing information online. For example, this could be giving out too much personal information or the bullying of another person. • Content: age or culturally inappropriate content and unreliable information. For example, this could be content that may be unsuitable or potentially illegal, such as offensive or pirated content. • Contact: bullying, trolling, and online grooming. For example, this may be unwelcome or inappropriate contact. • Commercialism: hidden costs, for example in apps. For example, this could be ‘phishing’ or other methods of identity theft.

Most children, young people and those adults deemed at risk use the internet positively, but sometimes behave in ways that may place themselves at risk. Some risks do not necessarily arise from the technology itself but result from offline behaviours that are extended into the online world, and vice versa. Potential risks can include, but are not limited to:

• Bullying by peers and people they consider 'friends'. • Posting personal information that can identify and locate a child, young people or vulnerable adult offline. • Sexual grooming, luring, exploitation and abuse contact with strangers. • Exposure to inappropriate content. • Involvement in making or distributing illegal or inappropriate content. • Theft of personal information. • Exposure to information and interaction with others who encourage self-harm. • Exposure to racist or hate material. • Encouragement of violent behaviour, such as 'happy slapping' which means where one or more people out of boredom attack a victim for the purpose of recording an assault (commonly with a camera phone or a smartphone). They then widely share the recording. • Glorifying activities such as drug taking or excessive drinking. • Physical harm to people in making video content, such as enacting and imitating stunts and risk- taking activities, • Leaving and running away from home as a result of contacts made online.

6. ESCALATION AND MODERATION PROCEDURES

QCT will monitor and moderate its social media platforms and report or remove comments which could be deemed harmful or offensive to other users. All the QCT social media platforms will be monitored by a moderator from The Digital Content Team. The QCT social media platforms will be monitored regularly between 9am and 5pm (UK GMT or BST) Monday to Friday. The designated person who manages the social media accounts (the moderator) and the QCTs online presence will seek advice from the QCT designated safeguarding lead to advise on safeguarding concerns. The Digital Content Team will have the authority to remove posts, images or comments that are deemed inappropriate made by QCT staff, volunteers or the wider community.

Unwanted or inappropriate personal contact or sharing of images without relevant permission should be reported through the Digital Content Team (moderator), and any action deemed necessary will be taken. Reports will be made to the relevant social media channel and escalated to relevant authorities if appropriate.

Examples of when sanctions and removal of content will apply are as follows:

• Profanity • Hate speech • Harassment or impersonation of any kind • Indecent images / Sexual content • URLs (A link to anything that is against the QCTs ethos should be removed). • Advertising or Spam • Self-harm and suicide • Witness intimidation • Promoting violence and acts of terrorism • Defamation • Bullying and trolling • Copyright (Content which appears to break any copyright laws must be removed). • Threats of harm

If you see anything inappropriate on our channels, or are concerned about someone’s safety, please alert the Safeguarding Manager, MDI Director and/or COO immediately.

There are a number of pieces of legislation relevant to the use of social media and these are listed in Appendix Two. Trustees, staff, volunteers and young people using social media should be mindful of the following legal risks and acts in particular: • Defamation: posting untrue content adversely affecting a person’s or organisation’s reputation, which has caused, or is likely to cause, harm. • Malicious falsehood: posting untrue and damaging content with an improper motive, resulting in financial loss for the subject. • Harassment: subjecting someone to a course of conduct that causes them distress or alarm, including stalking, trolling and cyber-bullying. • Intellectual property infringement: posting content which copies a substantial part of a work protected by copyright. • Breach of confidence: posting confidential information. Trustees, Staff, Officers, volunteers and students must also familiarise themselves with the confidentiality rules of THE UNION. • Malicious Communications Act 1988: prevents conveying a threat, a grossly offensive or indecent message or false information with the intention to cause distress or anxiety to the reader or recipient. • Section 127, Communications Act 2003: prevents the use of public electronic communications equipment to send a message that is false, grossly offensive, or of an indecent, obscene or menacing character, whether received by the intended recipient or not. • Computer Misuse Act 1990: prevents the unauthorised access, modification and use of computer material or the use of a computer to assist in a criminal offence, including accessing confidential information and thereby impersonating another person through social media. • Prevent Duty Guidance (from Section 26(1) of the Counter-Terrorism and Security Act 2015): requires THE UNION to have due regard to the need to prevent people from being drawn into terrorism. • The Public Sector Equality Duty (Section 146 of the Equality Act 2010): requires THE UNION to have due regard to the need to eliminate unlawful discrimination, including bullying, harassment and victimisation; to promote equality of opportunity between different groups; and to foster good relations between different groups. • Engaging In Sexual Communication With A Child: On the 3rd April 2017 Section 67 of The Serious Crime Act 2015 inserted a new section 15A into the Sexual Offences Act 2003 and created an offence of “engaging in sexual communication with a child.”

The offence is committed when: (1) A person aged 18 or over (A) commits an offence if— (a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B), (b) the communication is sexual or is intended to encourage B to make (whether to A or to another) a communication that is sexual, and (c) B is under 16 and A does not reasonably believe that B is 16 or over.

(2) For the purposes of this section, a communication is sexual if— (a) any part of it relates to sexual activity, or (b) a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider any part of the communication to be sexual; and in paragraph (a) “sexual activity” means an activity that a reasonable person would, in all the circumstances but regardless of any person’s purpose, consider to be sexual.

The Offence In Detail

The new offence criminalises conduct where an adult intentionally communicates, for example, by e- mail, text message, written note or orally, with a child under 16, whom the adult does not reasonably believe to be aged 16 or over, for the purpose of obtaining sexual gratification, if the communication is sexual or intended to encourage the child to make a communication that is sexual. The new offence is designed to ensure that it does not criminalise, for example, ordinary social or educational interactions between children and adults or communications between young people themselves. It is clear from case law that the prosecution would succeed where, either a defendant made a relevant communication in order to obtain immediate sexual gratification or, the obtaining of such gratification was part of a longer term plan, or both. Case law states that “sexual gratification” has a wide meaning and may take many forms.

What Defences Are Available? A defence may be available to an accused who can show that it was reasonably believed that the person with whom he/she was communicating was over 16.

Relevant legislation in other countries must also be considered and where local legislation is stronger than the UK, this should be used.

Any questions related to legislation should be directed to the Safeguarding Lead or Safeguarding Manager.

8. DATA PROTECTION AND SAFE ONLINE ENVIRONMENT

QCT is committed to respecting the rights of children, young people and adults at risk featured in its online communications, the correct handling of data, and enabling a safe online environment for all users. We abide by the following:

CONDUCT Protection of users' and contributors' privacy and data: • QCT seeks out best practice to protect the privacy of others and adheres to data protection laws in relation to any personally identifiable information (PII) that is collected, stored, used, or shared. • In situations where children or adults deemed at risk may need extra protection, QCT seeks to protect identities and moderate content accordingly, with only first names and non-identifiable locations used. In extremely sensitive cases, a first name can be changed, or a pseudonym used, to protect an individual’s identity, and will be footnoted with the following: “Names have been changed in order to protect the identities of those involved.” • When taking, using or storing images, the Camera and Image procedures should be followed.

Guidelines for online conduct provided to all QCT Representatives and users of QCT platforms • Please refer to Section 2 of this policy • All users are expected to sign up to the QCT Digital Safeguarding Policy and the QCT Code of Behaviour before being accepted into any online group or QCT networking platform.

Platform moderation • QCT will monitor and moderate its social media and network management platforms and report or remove comments which could be deemed harmful or offensive to other users. Such content may include, but is not limited to, abuse, bullying, harassment or impersonation of any kind. • Reports will be made to the relevant social media channel and escalated to relevant authorities if appropriate.

CONTENT Informed Consent: • QCT will only publish stories and images, still or moving, where it is satisfied that informed written consent has been received, from the parent/guardian or adult as appropriate. • QCT will ensure individuals can see how content featuring them is being used and shared, disclose any potential risks, and ensure individuals are aware of their rights so that informed consent can be given. • Third parties supplying content will be required to demonstrate that they have acquired written consent from those featured. • Where a project has a focus on younger children, careful consideration will be given to the most appropriate format to publish online. • QCT will not encourage children under the age of 13 to use social media platforms.

Trustworthy content and transparent user journeys: • QCT endeavours to share content that does not mislead viewers, is factually accurate, and does not seek to control the conversation. Due diligence will be carried out to ensure that content shared is truthful. • Social media content will not click through to unexpected destinations and will only link out to trusted and relevant third parties.

CONTACT Official communications channels: • When working with children and young people connected with QCT, official communication channels should be used. QCT staff should only use official email accounts, phones and social media. Personal email, social networking, mobile phones or other means of communication are an inappropriate communication method. • Messages for children should be passed through parents and guardians, or to the child with the parent notified. • Refer to Section 2 of this policy document for further information.

Effective management of communication networks and digital groups

Safe visits and events • When QCT Representatives and visitors visit a QCT supported project or programme they will be asked to read, sign and abide by QCT' Safeguarding Policies and any other relevant policies of the organisation(s) involved and organisers of the event being attended.

COMMERCIALISM Responsible use of technology and content placement • QCT will not use or align QCT with any organisations or websites that deploy the use of excessive tracking software, adware, malware or spyware. • QCT will take steps to ensure that its social media content does not appear alongside undesirable advertising content (e.g. political extremism). • QCT will regularly review the security of systems holding individuals’ data to ensure they are adequate. Data should be held on secure devices, not USBs or other equipment that can be easily lost or accessed. • Refer to the QCT Data Protection Policy; Information Security Policy and Acceptable use Policy.

SECTION 2: POLICY STANDARDS FOR QCT REPRESENTATIVES AND YOUNG PEOPLE INVOLVED IN THE WORK OF QCT

9. STANDARDS FOR REPRESENTING QCT IN AN OFFICIAL CAPACITY ONLINE

The following Standards apply when any authorised QCT Representative is using any online platform or social media channel in an official capacity to represent and speak on behalf of QCT. For example:

• Using QCT and non-QCT social and other online channels to post on behalf of QCT. • Using any digital platform to share opportunities or information on behalf of QCT.

POST WITH PERMISSION AND CREDIT OTHERS Obtain written permission from the Marketing and Digital Innovation Director or CEO to speak on behalf of QCT in an official capacity online. • Approval must be sought before a new digital platform is used, or new content is shared. The Marketing and Digital Innovation Director may give delegated authority to approve digital content to appropriate staff members on an ongoing basis. • For one-off occasions, written permission should be in the form of an email as a written request with full details of the occasion and the platform(s) to the Marketing and Digital Innovation Director or CEO. You must not go ahead until you have received an email that specifically gives permission for the request sought.

Credit others as appropriate and seek permission. • If using another party’s content, ensure they are credited and that they approve of you/QCT using their content. • Do not claim authorship of something that is not yours or use the copyrights, trademarks, or other rights of others without the permissions of the rights holder(s).

Do not post about The Royal Family without approval. • All posts that refer to the Principals or Patron of QCT must follow the appropriate sign off processes with Palace staff and be signed off by the CEO or the Marketing and Digital Innovation Director. • Posts should be neutral and factual and must not imply that QCT is a representative of any member of The Royal Family or their views.

CONTENT Remain neutral and do not comment directly on sensitive political issues. • QCT remains politically neutral and does not participate in direct activism or lobbying. • QCT supports the work of young leaders across the Commonwealth who are challenging the problems in society and influencing policy, focusing its messaging on youth leadership and the actions of young people without commenting directly on political issues.

Follow all consent and data protection policies and procedures as outlined in this document.

BEHAVIOUR Follow the QCT Code of Behaviour and other QCT policies and be mindful that you are representing QCT. • The QCT Code of Behaviour underpins these Policy Standards and is relevant for all social media and online activities. • Convey the QCT values and tone of voice. • Be respectful of all individuals, races, religions and cultures; and be aware that how you conduct yourself in the online social media space is a direct reflection on QCT. • Do not engage in conversations where you, QCT, or QCT stakeholders may suffer reputational risk.

Remember that information posted online can have global significance. • Keep a global lens in mind when participating in online conversations. • The way that you answer an online question might be accurate in some parts of the world, but inaccurate (or even illegal) in others.

Correct errors quickly and with integrity. • If an online contribution or social media post has been found to contain a mistake, inaccurate information, potential to cause offense/harm, or a reputational risk to QCT or its stakeholders, it should be removed or corrected as soon as possible, and, where necessary, a public or private apology issued with the approval of The CEO or the Marketing and Digital Innovation Director. • Where the potential to cause harm or offence or a reputational risk to QCT has occurred, this should be reported to the Marketing and Digital Innovation Director or the COO immediately.

Follow QCT safeguarding procedures. • Careful consideration should be given when posting images or text about children or young people involved in QCT’s work, including following data privacy guidance as outlined in Section 6 and the 'do no harm' approach outlined in Section 11. • If you see anything on QCT pages which might represent a safeguarding issue, report it immediately to the Safeguarding Manager / COO through the incident reporting system.

Know that the Internet is permanent. • Social media is not anonymous, and the internet remembers everything. Once information is published online, it is part of a permanent record, even if you “remove/delete” it later or attempt to make it anonymous. Postings of all types can typically be traced back to their authors, and information posted through social media is backed up, stored, replicated, linked and reposted continuously. • If your message, along with its context, cannot be squeezed into a character restricted space (such as Twitter), provide a link to an online space where the message can be expressed completely and accurately.

When in doubt, do not post or respond. • Individuals are personally responsible for their words and actions and must ensure that posts are accurate and not misleading, and do not reveal non-public information about QCT. Exercise sound judgment and common sense, and if in doubt, do not post. • If you see anything which you consider to be an inappropriate response to a post on a QCT site, or if you are uncertain about how to respond to a post, contact the Marketing and Digital Innovation Director.

10. ELECTRONIC DEVICES

• Where Trustees, staff, or volunteers are required to provide social media coverage for QCT, they should only do this on QCT owned devices (laptops or mobile phones). • We recommend auto-population of passwords is not selected for access to any social media account on desktop devices. • Where Trustees, staff, or volunteers are accessing official QCT channels on mobile devices, you must ensure a suitable screen lock is enabled to prevent unauthorised access. Accounts should be secured with 2-factor authentication.

Lost or Stolen Devices: If mobile phones or laptops are lost stolen it should be reported immediately to the Head of Administration and your SMT lead. A replacement mobile phone or latop will be provided by QCT and personal devices should not be used in the interim.

11. STANDARDS FOR PERSONAL SOCIAL MEDIA AND ONLINE INTERACTIONS (STAFF, PARTNERS, TRUSTEES, VOLUNTEERS AND CONTRACTORS):

The line between professional and personal use of social media is becoming increasingly blurred. The following Policy Standards apply when QCT staff, Trustees, volunteers, contractors or partners are using social media, or any online platform, in a personal capacity. There is separate guidance provided in Section 11 for young leaders involved in QCT's work.

BEHAVIOUR / ONLINE ACTIVITIES Adhere to QCT's Code of Behaviour: • As outlined in the Code of Behaviour “be aware of how {your} behaviour might be perceived both inside and outside of work.” This extends to personal activities online. • Do not engage in negative online behaviours, including bullying, harassment, impersonation, anything that may constitute criminal activity or other forms of abuse.

Be conscious when mixing your business and personal life: • Be aware that online your personal and business personas are likely to intersect. • Do not use personal email, social networking, non-official mobile phones, or other means of communication to contact children or at-risk adults who are involved in QCT's work. • Do not accept friendship requests on social networking or messaging sites from the young people that QCT works with or their families. Direct all incoming enquiries to an official QCT communications channel. • If you use social media for purely personal use, do not include QCT in the bio section. • If you want to share QCT news and views, retweet from QCT official channels. • Never disclose non-public or confidential information about QCT.

Consider your digital footprint. • Do not visit inappropriate sites or content unrelated to QCT's work on official QCT devices. • Do not visit illegal content on any device.

Do not engage in conversations where you, QCT, or its stakeholders may suffer reputational risk. • You may come across negative posts about QCT or see third parties trying to spark damaging conversations. Even if you are an approved online spokesperson for QCT, avoid the temptation to react yourself. • Pass the post(s) along to the Digital Content Team who are best placed to determine any steps that should be taken.

Avoid referring to prominent QCT stakeholders, including members of The Royal Family. The public and media interest in some of QCT’s key stakeholders is such that extreme caution should be exercised if sharing a post, tag or hashtag that relates to them. Personal opinions or comments made by QCT Representatives in relation to the QCT Principals or Patron, or any member of The Royal Family, may be linked to QCT as an organisation and could create unwanted personal attention online. This is true even if you restrict your social media channel pages to viewing by friends only. • Socio-political issues should never be linked with any member of The Royal Family or any other stakeholder of QCT, including staff, donors and Trustees. • QCT advises to repost official content from QCT or official Palace channels only. If in doubt, do not post.

Providing recommendations online. Sites such as LinkedIn provide opportunities to write recommendations or referrals for colleagues and former colleagues. If writing such a recommendation, staff should state that it is their personal view and they are not representing the view of QCT.

SAFEGUARDING YOURSELF ONLINE Protect your privacy and be careful about the information you share online: • Check your privacy settings on all your social media accounts and consider removing personal information / content about yourself. Be aware that some social media sites can be followed by anyone unless made private and that content may be shared more widely than your immediate circle even if your privacy settings are set to private. However, always remember anyone who can access your site can potentially copy and paste your comment into the public domain making it visible to all. • Have a neutral picture of yourself as your profile image. • Do not post embarrassing material or comments that may call into question your employment status or relationship with QCT. • Do not accept friendship requests unless you know the person or want to accept them - be prepared that you may receive many friendship requests from people you do not know because of your association with QCT. • Exercise caution, for example, on Facebook if you write on a friends “wall” all their friends can see your comment even if they are not your friend. • When joining a group or a network, for example on Facebook, be aware that everyone in that group or network might be able to see your profile. • QCT staff should not use work contact details (email or telephone) as part of a personal profile. • Exercise sound judgement and common sense when sharing information and posting online. If in doubt, do not post.

Remove yourself from a situation if you feel at risk, vulnerable or unsafe. • If you are contacted on your personal social media channels because of your role with QCT, do not feel under pressure to take any action or respond without support and guidance. • Report and record any inappropriate contact or unwanted messages received in relation to your role with QCT immediately to the Safeguarding Manager and/or Director of Marketing and Digital Innovation.

12. DISCIPLINARY ACTIONS

QCT reserves the right to review social media posts made both in an official capacity and in a personal capacity. In particular, you should avoid making, posting, or facilitating statements, photos or videos that: • Breach the terms of the QCT Code of Behaviour. • Discriminate against a person based on his or her race, gender, disability, sexual orientation, age, religion or beliefs or national origin. • Threaten, harass, intimidate, abuse, bully (or trolling) or victimize. • Make sexual innuendos. • Are offensive, false, inaccurate or unjustified. • May cause undue distress or provoke anti-social, violent behaviour, politically extreme behavior. • Constitute a criminal offence. • Compromise confidentiality or personal data of young people supported by QCT. • Damage the reputation or ability of QCT to raise money. • Damage the reputation of our Principals. • Link QCT to party political views. • Could be deemed a safeguarding concern.

This is not an exhaustive list, and merely examples of what may constitute a breach of the rules of the Code of Behaviour. Any of the above will be investigated under the QCT Disciplinary Policy.

13. DIGITAL SAFEGUARDING GUIDELINES FOR YOUNG PEOPLE INVOLVED IN QCT'S WORK

Young people who are involved in QCT's work in any way under the champion, fund and connect pillars should ensure they adhere to the below digital safeguarding guidance.

QCT’s online content reaches a global audience and as a result, the work of those featured may receive increased attention and outreach from others. QCT endeavours to advise on best practice and safety should the young people it works with require guidance on responding to online attention.

BEHAVIOUR AND ACTIVITY ONLINE • Do not engage in negative online behaviours, including bullying, harassment, impersonation, anything that may constitute criminal activity or other forms of abuse.

• Always ask permission before including other individuals in online conversations or online tags – particularly when in relation to sensitive topics that may trigger previous trauma.

• Regularly monitor your digital platforms (whether website or social media platforms) for harmful or abusive content, ensuring clear moderation. Any posts that are considered unlawful or harmful should be reported to the QCT Digital Content Team, or your point of contact at QCT. Anything deemed a safeguarding risk should be reported to the QCT Safeguarding Manager immediately and the QCT’s safeguarding incident reporting system.

• Do not engage in conversations where you, your organisation/project or QCT may suffer reputational risk. Consider your network of both current and future beneficiaries and think before posting.

• Avoid referring to prominent QCT stakeholders, including members of The Royal Family. The public and media interest in some of QCT’s key stakeholders is such that extreme caution should be exercised if sharing a post, tag or hashtag that relates to them. Personal opinions or comments made by QCT Representatives in relation to the QCT Principals or Patron, or any member of The Royal Family, may be linked to QCT as an organisation and could create unwanted personal attention online. This is true even if you restrict your social media channel pages to viewing by friends only. QCT advises to repost official content from QCT or official Palace channels only. If in doubt, do not post.

CONSENT • Do not publish or share any imagery, whether moving or still without appropriate consent from the individuals being featured.

• For individuals under the age of 18, informed written consent must be received from either a parent or guardian. For people aged 18 or over written consent should be given by the individual. QCT has consent forms which can be used.

• When recording video or audio, please ensure you gain the required consent at the beginning (permission to film) and, where possible, at the end (permission to distribute) – ensuring that all content has been seen and approved by those featured and their respective guardians. In some situations, such as press events or live filmed events, it may not be possible to seek permission to distribute before the content is shared publicly.

• Ensure that any individual being featured is aware the content will be accessible by a global audience to ensure they are aware of any risk that may impact them, for example where highlighting their connection to a sensitive project could cause them harm once published.

INFORMATION SHARING • Do not share online any Personally Identifiable Information (PII) about individuals who benefit from, or are connected to, the work and services of your organisation /project. PII is information that, when used alone or with other relevant data, can identify an individual. This includes full names, school name, home addresses, telephone numbers or any identification numbers (e.g. Social Security numbers). In relation to PII, also consider such things as school emblems on clothing, school uniforms, local shop signs in the background of an image or street names.

• Be aware that non-PII data may also make certain individuals identifiable. For example, a woman in a small village with 12 children and two sets of twins may be easy to identify locally if the village is named. Anonymise or use different names wherever appropriate.

• Do not share or publish sensitive information about those you work with in relation to their past or their needs for your support, which may put them at risk of further retribution, abuse or trauma.

TIPS FOR STAYING SAFE ONLINE • Check your privacy settings on all your social media accounts and consider removing personal information / content about yourself.

• Have a neutral picture of yourself as your profile image.

• Do not post embarrassing material or comments that may call into question your employment status or relationship with QCT.

• Do not accept friendship requests unless you know the person or want to accept them - be prepared that you may receive many friendship requests from people you do not know because of your association with QCT.

• Exercise caution, for example, on Facebook if you write on a friends “wall” all their friends can see your comment even if they are not your friend.

• When joining a group or a network, for example on Facebook, be aware that everyone in that group or network might be able to see your profile.

• Exercise sound judgement and common sense when sharing information and posting online. If in doubt, do not post.

• Remove yourself from a situation if you feel at risk, vulnerable or unsafe.

• If you are contacted on your personal social media channels because of your role with QCT, do not feel under pressure to take any action or respond without support and guidance. Report and record any inappropriate contact or unwanted messages received in relation to your role with QCT immediately to the Safeguarding Manager and/or Director of Marketing and Digital Innovation.

You can read more about staying safe online here:

www.queenscommonwealthtrust.org/inspiration/online-safety-internet-social-media-browsing/

QCT reserves the right to review social media posts and comments made online by the young leaders it works with and may take action to request the removal of content deemed inappropriate. QCT reserves the right to end an association with an individual or organisation if their online activity is deemed to put themselves or others at risk or represents a digital safeguarding concern.

SECTION 3: PHOTOGRAPHY, FILM AND AUDIO

14. USING, COMMISSIONING AND SOURCING PHOTOGRAPHS, VIDEO OR AUDIO RECORDINGS

The use of images, particularly in a digital context has become a regular part of everyday life. However, digital technology has increased the potential for images to be misused and therefore pose a risk particularly to children and to adults deemed at risk.

In some cases, adults, parents, young people or carers may be uncomfortable with having their images published, for example:

• If a child, young person or their families have experienced abuse they may worry about the perpetrator tracing them online.

• People who choose not to have contact with some members of their family may want to minimise their online presence.

• Families may have religious or cultural reasons for choosing not to be photographed.

QCTs approach supports a ‘do no harm’ approach, where QCT takes measures to avoid exposing people to additional risks through our actions. In these procedures the word ‘image’ is used to refer to still or moving images and recordings.

Our aim is to:

• Protect children, young people and adults deemed at risk who take part in QCT’s services, events and activities, specifically those where images may be taken.

• Set out the overarching principles that guide our approach to photographs/videos being taken of children and young people during our events and activities.

• Ensure that we operate in line with our values and within the law when creating, using and sharing images of children and young people.

• Develop a common understanding amongst staff and volunteers of the safe and appropriate procedures to follow when taking, using, commissioning and sourcing images or audio of children and young people.

The most sensitive images are those which include people, particularly those of children, young people and or those adults deemed at risk. Great consideration should be given to posting images of before using any images of people and the following questions need to be considered:

• Do you have consent from the person in the image, or, their parent or carer if they may not be able to make an informed decision for themselves? • Are you putting anyone at risk by publishing it? • Are you invading anyone’s privacy? • Has a consent form been completed and signed?

All staff and volunteers must report any inappropriate use of images of a child, young person or those adults deemed at risk through QCTs safeguarding procedures.

16. USING IMAGES ONLINE RISKS

There are a variety of risks that need to be considered when putting images of children or young people on social media or online:

• Images which identify people as participating in a particular project or programme may put that individual at risk, therefore cultural and contextual sensitivity must be considered, and the subject(s) of the images must be informed of the risk. • Children or young people may be vulnerable to grooming, particularly if the image has features which may enable some to identify or locate the subject. • Images may be manipulated to create images of child abuse, which can then be uploaded to other websites or social media platforms. • Images may appear in internet search results. • Posting on some sites may transfer ownership to the platform which may then sell them on to third parties. • Images and any comments on them become part of the person’s public image. An individual’s digital footprint can have consequences later in life, for example when applying to university or employment opportunities.

17. RESPONSIBILITIES

The Marketing and Digital Innovation Director authorises the use of cameras and images and is responsible for ensuring these procedures are adhered to. These procedures are part of the QCT Safeguarding Policy, and any breach will be subject to disciplinary procedures.

All staff and volunteers are required to:

• Report any concerns immediately of staff or volunteers in possession of child sexual abuse images, taking inappropriate images of children or misusing images of children to the Safeguarding Manager through the QCT reporting process.

• Avoid putting themselves in compromising situations which could be misinterpreted and could lead to potential allegations. Examples of compromising situations could mean placing the subject in sexually provocative poses, subjects in underwear or images of body parts.

• In the event that child sexual abuse images are placed on or linked to any QCT site, including social media and closed platforms, staff or volunteers should report the image and the URL link through the QCT system to the moderator immediately, who will review the image and remove the image immediately. The moderator will then contact the police to notify them if a criminal offence has been committed and report it to the Internet Watch Foundation and CEOP. The internal message should be marked as URGENT.

18. TAKING IMAGES OF CHILDREN, YOUNG PEOPLE AND ADULTS

A consent form must be completed for images of individuals or groups of individuals. Permission should be sought from parents/carers for children and young people. The consent form should clearly describe the method(s) that the images may be used.

• Consent form staff and volunteers: people aged 18 or over should give their own written consent, unless the individual has been deemed as lacking capacity to do so. This includes all staff and volunteers who are representing QCT in an officual capacity. Refer to Appendix Three for staff and volunteers consent form.

• Consent from children: regardless of their age, consent from children should be sought (in addition to parental consent). Images must not be taken of any child against their wishes, nor coercion used to encourage a child to participate if they have indicated that they do not want to. A child’s right not to be photographed must be respected. Where possible every effort should be made to explain to children why their photo is being taken, how it will be used, and their right to refuse. Refer to Appendix Four for children and young people consent form.

• Consent from adults: people aged 18 or over should give their own written consent, unless the individual has been deemed as lacking capacity to do so. This is defined in the Mental Capacity Act 2005. If you have any concerns that an adult does not understand or lacks capacity please apply the ‘no harm approach’ and refer to the mental capacity test and best interest principles. Refer to Appendix Five for adult consent form and Appendix Six for the MCA Capacity test and best interest principles.

• Consent is informed: anyone signing a consent form must understand what they are consenting to. Consideration should be given to levels of English language proficiency and literacy in mother tongue, so the method of achieving informed consent should be considered, for example by using translated or verbal explanations before consent is given.

• Where images are being taken of large crowds/events it is not necessary to obtain specific permission where children or young people appear incidentally in the background and where they are clearly not the focus of the image. When images are being captured at an event, a sign should be clearly displayed informing people of this and giving them the option of not being photographed.

• Images of a child in a one to one situation with an adult should be avoided unless there is an agreed, specified reason for doing so and it has been sanctioned in writing by the Marketing and Digital Innovation Director. It should be recognised that this may leave both the adult and child in a vulnerable position and is therefore not to be considered accepted practice.

• Images of children and young people must only be taken when they are fully and/or suitably dressed. Activities such as swimming or drama present greater risk for misuse of images therefore, careful consideration must be given to the appropriateness of taking such images.

• Staff must not take images of children or young people with their personal devices. An official QCT device or a professional photographer must be used.

• Images must not be taken which could cause distress, upset or embarrassment to the subject. An individual’s digital footprint can impact them in later life, so careful consideration should be given to which images are/are not suitable for use.

19. USING IMAGES OF CHILDREN AND YOUNG PEOPLE

• Pre-use consent should be sought where possible from the subject(s).

• The purpose of use must be compliant with that stated on the signed consent form.

• Full names/identifying information must not be used in any accompanying text or captions.

• Images must only be used for QCT’s internal and external promotional and publicity materials, programmes, publications, websites, electronic publications and social media services produced by or on behalf of the QCT.

• Images and consent forms must be stored and disposed of appropriately. (See Storage and Disposal section for further detail). I. Guidance for parents / attendees at an event using images on social media

Pictures taken by individuals at events do not fall under GDPR, as they are considered as for personal use. In cases where attendees / members of the public are taking their own images, it should be considered whether the following guidelines should be shared:

• Individuals should gain permission before sharing photographs or videos of other people’s children on social media.

• Images cannot be sold for any reason as this breaches GDPR.

In the event that people’s identities need to be protected, for example where sharing images could place children or families at risk, photography should not be allowed unless in an official capacity.

II. Example statement for photography at events: Please note that photographs and footage will be taken throughout [Event Name]. These will be used by the [QCT / partner name] for marketing and publicity in our publications, on our website and in social media or in any third party publication. Please contact the event organiser if you have any concerns or if you wish to be exempted from this activity.

20. COMMISSIONING IMAGES OF CHILDREN AND YOUNG PEOPLE

I. Professional Photographer/Filmmaker

Any professional photographer/filmmaker engaged to record events for QCT will sign and date and therefore work according to the terms of the consultancy agreement which includes specific clauses related to safeguarding. They must also adhere to the following:

  1. A DBS check must be carried out if the photographer/filmmaker will be working independently with children/young people without supervision. The photographer/filmmaker will be required to provide a copy of their current DBS check to QCT prior to signing the consultancy agreement.
  2. Photographers/filmmakers should be given appropriate levels of supervision at all times for example not left alone in one to one situations with children, young people or adults that are deemed at risk. This will ensure that no unsupervised access to children will be given.
  3. Only accredited photography agencies and/or professional photographers will be used. QCT staff will carry out appropriate due diligence to ensure that the photographer is a professional, which will include checking their portfolio and website and seeking references.

Photographer’s/filmmaker’s use of the images: Where footage or imagery has been captured of children or vulnerable adults, QCT needs to ensure the photographer has no right to use the images themselves or to share with third parties without consent from the subjects. Photographers and filmmakers should always seek consent from QCT before publishing any QCT content on their own channels. We do this by following the above steps 1-3 and including these in our contractual arrangements.

Media On occasions where the press are invited to an event, the following procedures must be adhered to:

• Attendees/parents should be made aware that the press are attending, and they have the right to ask to be excluded from photographs or to be excluded from the event activity itself if it is not possible to participate without being photographed.

• We aim to protect attendees from any press intrusion however this is not always possible for reasons out of QCT's control, and we understand the press may approach individuals after events. An example of press intrusion may be seeking personal information not related to the project and/or event. QCT will always provide guidance to event attendees and offer support after events in relation to press enquiries.

• Where the event is being managed by QCT, the identity of any press representative will be verified.

• No authorisation will be given to unscheduled visits by the press under any circumstances.

• Children and young people must not be interviewed or photographed on issues involving their own or another’s welfare unless a custodial parent or similarly responsible adult consents.

21. STORAGE AND DISPOSAL OF IMAGES

Storage of images taken by or on behalf of QCT must be compliant with the Data Protection Act 2018. Images should only be kept for as long as they are needed otherwise they should be deleted or destroyed.

Steps must be taken to mitigate the risk of unauthorised access to and inappropriate use of images of children and young people. Mitigation measures might include:

• Storing images in a secure location. • Encrypting electronic images before they are stored. • Only using official devices to take and store images and recordings of children. • Ensuring anyone who takes or uses images for your organisation has permission to do so.

The Seven Principles: The GDPR sets out seven principles for the lawful processing of personal data. Processing includes the collection, organisation, structuring, storage, alteration, consultation, use, communication, combination, restriction, erasure or destruction of personal data. Broadly, the seven principles are:

• Lawfulness, fairness and transparency • Purpose limitation • Data minimisation • Accuracy • Storage limitation • Integrity and confidentiality (security) • Accountability

Further guidance can be found using the links below. QCT Privacy Policy GDPR security and encryption guidance GDPR data storage guidance

APPENDIX 1: “Being Safer Online Rules” for people engaging on QCT online platforms

(The below is a public-facing document that QCT shares with users of its online platforms)

The Queen’s Commonwealth Trust welcomes the opportunity to connect with people across the world through social media platforms, to create a safe, positive and beneficial online environment, and for you to engage with us. We want you to join the conversation, and celebrate our differences, so even where you disagree with someone else, please use a constructive approach to enrich the conversation and listen to others’ points of view.

Users of our social media platforms are expected to abide by the following ‘Being Safer Rules’ to ensure a positive experience for everyone.

DO: • Engage in a positive, constructive way with the Queen’s Commonwealth Trust’s online community. • Follow the social media platform’s terms of use as well as these terms of use. • Post content which is inoffensive to others. • Treat other users, the Queen’s Commonwealth Trust, and our partners respectfully online. • Report to the Queen’s Commonwealth Trust if other users are not Following these guidelines. • Think before you post. Responding quickly does not mean doing so without due consideration. Ask yourself "is this my image, story to share and if not do I have informed written consent to do so?"

We reserve the right to mute, block, ban and/or report users who are considered to be:

• Bullying, trolling, harassing or intimidating any individual or organisation. • Making unwanted to contact with other users. • Posting content which could offend, for example (but not limited to) abusive, threatening, harmful, obscene, sexually oriented or racially offensive content. • Posting content which is promtoing violent extremisme or inciting terrisom. • Misleading other users, for example by posting fake news. • Infringing or violating someone else's rights. • Advertising products or services. • Posting illegal content, such as: • Indecent images. • Sexual content. • URLs (A link to anything that is against the QCTs ethos should be removed). • Advertising or spam. • Self harm and suicide. • Witness intimidation. • Copyright (Content which appears to break any copyright laws has to be removed). • Threats of harm. The Queen’s Commonwealth Trust is committed to safeguarding children and young people and adults at risk from abuse and exploitation. Any posts which are considered to have commited a criminal offence or deemed a safeguarding risk will be dealt with and will be reported to the authorities as appropriate.

Consider your personal online safety and privacy

• Use secure devices, passwords, internet connection and cover your webcam. Only purchase online though secure sites • Think about what you download - could it be a virus? • Know who you are talking to - not everyone is who they say they are, don’t share personal information or accept friend requests from people you don’t know • Think before you post, consider your audience, the tone of your message, and how the content you post will impact your digital footprint.

Appendix 2: Features of Social Networking Sites

Common features of social networking and user interactive services include:

Commercial advertising. Commercial advertising may appear on various parts of the website. If the service is aimed at, or likely to attract, users under the age of 18, social network service providers must follow relevant guidelines or codes for advertising to minors. It is important for children and young people to enter their correct age so social networking service providers can ensure that steps are taken to display advertising to the appropriate audience.

Terms of service. The terms of service set out the legal conditions concerning use of the service including the minimum age requirement. An acceptable use policy is usually included and this makes clear what behaviour is and is not acceptable on the service i.e. harassment, defamation, obscene or abusive language, the uploading of material which is libellous, defamatory, obscene, illegal or violent, or depicts nudity etc. Sanctions for misuse include deletion of an account and/or co-operation with law enforcement. The terms of service are usually found by clicking through the tab at the bottom of the homepage of the site.

Registration process. Most social networking services have a registration process. This is an important step for authenticating user identification and usually involves the user providing an email address and the service sending an email to that address to enable the registration process to continue. Registration is also an important step for promoting safe and responsible behaviour online. Users are asked to provide a certain amount of personal data and agree to the terms of service. The service provider should give information about how the data collected in registration will be used, including what information will appear on their website/profile, and what will be private. Some social networking sites provide online registration tutorials on the site to help new users set up an account and profile safely.

Privacy and safety tools. Most social networking services provide privacy and safety tools to enable users to manage 'who sees what' and who they interact with on the service. These tools include 'block/remove this user', 'flag inappropriate content' and 'report user/abuse' to the moderator/service and can feature in some or all aspects of the service for such things as journals, blog entries and image galleries. Privacy and safety tools are usually part of a user's account, accessible every time a user logs in.

Safety warnings and information. Many social networking services provide safety warnings and advice at different stages of the service. This can begin at the initial registration stage when users are asked to provide a certain amount of personal data and agree to the terms of service. Safety warnings can appear every time a user uploads a photo to their web page/profile. For example: 'Photos may not contain nudity, violent or offensive material, or copyrighted images. If you violate these terms, your account may be deleted'. Safety advice and links to safety resources can be found on many social networking services sites, usually by clicking on a safety link at the bottom of every page. Some social networking services provide online safety tutorials on their sites.

Moderation. Moderation is an activity or process whereby a person and/or technical filters are responsible for reviewing content posted by users* . Moderation is usually undertaken according to an agreed set of guidelines or terms of service and includes what is acceptable and unacceptable behaviour on the site or within the online community. The use of moderation by social networking and interactive services poses a challenge to social networking and interactive services where millions of users generate and upload a considerable amount of content, including images, video footage and messages, on a continuous basis. Some service providers utilise a mix of technical filters, human moderators and also rely upon users to report content, using a 'Flag content as inappropriate' button to make a report to the service.

Reporting concerns. Many social networking services provide a complaints process. The complaints process gives users the option to report matters that concern them. This could range from offensive communications which breach the provider's terms of service to potentially illegal activities. They might include posting images depicting child abuse images, suspicious behaviour towards children and young people indicative of grooming, bullying and harassment, and other potentially illegal or criminal behaviour. The 'report concerns' process is usually available by clicking on a 'Contact us' link at the bottom of every page on the site. Many social networking services work towards responding to complaints within a set period of time e.g. 24hrs. What does a user's webpage / profile contain? A user can upload all kinds of information onto their webpage / profile for others to see. This can include personal information about their likes, dislikes, music tastes, favourite films, images including photos (including photos taken on a mobile phone camera), and videos including webcam. Photos can be uploaded onto the webpage / profile or a user may also decide to feature other photos, videos or blogs in their Photos, Videos and Blogs sections. A user can invite other 'friends' to feature their webpage / profile and the top 'friends' profiles will appear on a dedicated section of the web page / profile. A user's web page / profile can also have a section for comments from friends and a user can set their privacy setting to pre-moderate these comments before they appear on the page / profile.

Appendix 3: Legislation

Relevant legislation includes: • Obscene Publications Act 1959 and 1964 • Protection of Children Act 1978 • Police and Criminal Evidence Act 1984 • Education (No. 2) Act 1986 (Freedom of Speech) • Education Act 1986; • Public Order Act 1986 (as amended by the Racial and Religious Hatred Act 2007) • Education Reform Act 1988 (Academic Freedom) • Copyright, Designs and Patents Act 1988 • Malicious Communications Act 1988 • Employment Rights Act 1996 • Protection from Harassment Act 1997 • Data Protection Act 1998 • Human Rights Act 1998 • Computer Misuse Act 1990 • Freedom of Information Act 2000 • Regulation of Investigatory Powers Act 2000 • Communications Act 2003 • Prevention of Terrorism Act 2005 • Police and Justice Act 2006 • Terrorism Act 2006 • Criminal Justice and Immigration Act 2008 • Equality Act 2010 • Defamation Act 2013 • Data Retention Investigatory Powers Act 2014 • Counter Terrorism and Security Act 2015 (Prevent) • Data Protection Act 2018 • Children Act 1989 and 2004 • Equality Act 2010 • The mental Capacity Act 2005 • Safeguarding Vulnerable Groups Act 2006 • Sexual Offences Act 2003

Event: You can seek permission by project not event if there is likely to be frequent photography

Partner Organisation:

Name of Staff Member or Volunteer:

Project/Location:

Occasionally The Queen’s Commonwealth Trust takes photographs of staff and/or volunteers involved in our projects, we may use these images and associated statements in publications, advertising or other media activities (including the internet). Where news media are present, they may use the images in printed publications, on television or in other types of media .

To comply with the Data Protection Act 1998, we need your permission before we photograph or make any recordings of you.

The following conditions apply: • Images used will show The Queen’s Commonwealth Trust and you positive way. • Embarrassing or distressing images will not be used. Images related to negative or sensitive images will not be used. • Images taken by The Queen’s Commonwealth Trust will be stored securely and only shared with our partners. • You do not have to give consent, and you can withdraw consent at any time.

Photography and Film I hereby consent to the use of photographs and video recordings, taken by staff members of The Queen’s Commonwealth Trust or by agents authorised on behalf of, for The Queen’s Commonwealth Trust following purpose(s):

Screenshot 2020-05-22 at 11.47.21

The Queen’s Commonwealth Trust is committed to processing information in accordance with the General Data Protection Regulation (GDPR). The personal data collected on this form will be held securely and will only be used for administrative purposes.

Event: You can seek permission by project not event if there is likely to be frequent photography

Partner Organisation (if applicable):

Name of Child/Children:

Name of Parent / Guardian:

Relationship to Child/Children:

Occasionally The Queen’s Commonwealth Trust takes photographs of children involved in our projects, we may use these images and associated statements in publications, advertising or other media activities (including the internet). Where news media are present, they may use the images in printed publications, on television or in other types of media .

To comply with the Data Protection Act 1998, we need your permission before we photograph or make any recordings of your child.

The following conditions apply: • Images used will show The Queen’s Commonwealth Trust and your child in a positive way. • Embarrassing or distressing images will not be used. Images related to negative or sensitive images will not be used. • We will only use images of children who are suitably dressed. • Images taken by The Queen’s Commonwealth Trust will be stored securely and only shared with our partners. • You do not have to give consent, and you can withdraw consent at any time.

Photography and Film I hereby consent to the use of photographs and video recordings, taken by staff members of The Queen’s Commonwealth Trust or by agents authorised on behalf of, for The Queen’s Commonwealth Trust following purpose(s):

Screenshot 2020-05-22 at 11.49.34

Event: *You can seek permission by project not event if there is likely to be frequent photography *

Partner Organisation (if applicable):

Name of Adult:

Name of Advocate (if appropriate):

Relationship to adult (if appropriate):

Occasionally The Queen’s Commonwealth Trust takes photographs of staff and/or volunteers involved in our projects, we may use these images and associated statements in publications, advertising or other media activities (including the internet). Where news media are present, they may use the images in printed publications, on television or in other types of media.

To comply with the Data Protection Act 1998, we need your permission before we photograph or make any recordings of you.

The following conditions apply: • Images used will show The Queen’s Commonwealth Trust and you positive way. • Embarrassing or distressing images will not be used. Images related to negative or sensitive images will not be used. • Images taken by The Queen’s Commonwealth Trust will be stored securely and only shared with our partners. • You do not have to give consent, and you can withdraw consent at any time.

Photography and Film I hereby consent to the use of photographs and video recordings, taken by staff members of The Queen’s Commonwealth Trust or by agents authorised on behalf of, for The Queen’s Commonwealth Trust following purpose(s):

Screenshot 2020-05-22 at 11.50.50

The Queen’s Commonwealth Trust is committed to processing information in accordance with the General Data Protection Regulation (GDPR). The personal data collected on this form will be held securely and will only be used for administrative purposes.

APPENDIX 7: MCA Capacity test and Best Interest Principles.

a) Basic principles Decisions and actions carried out under the Mental Capacity Act 2005 should be tested against the 5 key principles set out below.

The five key statutory principles are: i) A person must be assumed to have capacity unless it is established that they lack capacity. ii) A person is not to be treated as unable to make a decision unless all practicable steps to help them to do so have been taken without success. iii) A person is not to be treated as unable to make a decision merely because they make an unwise decision. iv) An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in their best interests. v) Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

b) Mental Capacity Test To help determine if a person lacks capacity to make particular decisions, the Act sets out a two-stage test of capacity.

Stage 1: Does the person have an impairment of, or a disturbance in the functioning of, their mind or brain? Stage 1 requires proof that the person has an impairment of the mind or brain, or some sort of or disturbance that affects the way their mind or brain works. If a person does not have such an impairment or disturbance of the mind or brain, they will not lack capacity under the Act.

Stage 2: Does the impairment or disturbance mean that the person is unable to make a specific decision when they need to? For a person to lack capacity to make a decision, the Act says their impairment or disturbance must affect their ability to make the specific decision when they need to. But first people must be given all practical and appropriate support to help them make the decision for themselves. Stage 2 can only apply if all practical and appropriate support to help the person make the decision has failed.

c) What does the Act mean by ‘inability to make a decision’?

A person is unable to make a decision if they cannot:

  1. understand information about the decision to be made (the Act calls this ‘relevant information’)
  2. retain that information in their mind
  3. use or weigh that information as part of the decision-making process, or
  4. communicate their decision (by talking, using sign language or any other means).

The first three should be applied together. If a person cannot do any of these three things, they will be treated as unable to make the decision. The fourth only applies in situations where people cannot communicate their decision in any way.

APPENDIX 8: Glossary

Adults at risk: This replaces the term ‘vulnerable adult’. An adult might be considered at risk if they are aged 18 years or over and: • Has needs for care and support (whether or not the local council is meeting any of those needs) and; • Is experiencing, or at risk of, abuse or neglect; and • As a result of those care and support needs is unable to protect themselves from either the risk of, or the experience of abuse or neglect.

Child: A child is defined as anyone who has not reached their 18th birthday (UNCRC 1989) irrespective of the age of majority in the country where the child is, or in their home country.

Do No Harm: “Do no harm” is a principle that has been used in the humanitarian sector but can equally be applied to other sectors. It refers to organisations’ responsibility to minimise the harm they may be doing inadvertently as a result of their organisational activities. Therefore when your staff are thinking about sharing information electronically are they ‘doing no harm’ by using outdated internal networking or devices.

Digital footprint: A digital footprint is a trail of data you create while using the Internet. It includes the websites you visit, emails you send, and information you submit to online services.

Early Years: This refers to children who are not yet at a Primary school age in their country. In the event images of easy years children are going to be used, additional risk assessment needs to be in place due to the additional vulnerability of this age group.

Equipment: The guidance applies to the use of any photographic, audio or video equipment; including mobile phones with inbuilt cameras as well as other forms of digital technology and resources for storing and printing images.

GDPR: General Data Protection Regulation, complemented by the Data protection Act 2018, GDPR protects personal data of residents of countries within the European Union (EU).

Image: For the purpose of this document, ‘images’ encompasses photographs, video and audio recordings.

Lacking capacity: The Mental Capacity Act defines that a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.

Online: If you are online you are connected to the internet and/or other devices and can share data with other computers. This includes devices which ‘talk’ to each other, and collect and share data, such as smart phones, an Amazon Echo, or a fitness tracker.

Patron and Principals: Refers to QCT's Patron, Her Majesty The Queen, and QCT's President and Vice President, The Duke and Duchess of Sussex.

Staff: The guidance applies to all QCT staff. This includes on and off payroll, permanent staff, volunteers, temporary staff and contractors (including professional photographers).

Common Sense Media: Guidance and reviews of digital resources, including social media platforms.

Internet Watch Foundation: Site to report images of child sexual abuse (CSA). Data and reports related to the scale and issues related to CSA online.

NSPCC: Advice on a variety of child protection issues.

Thinkuknow: NCA Child Exploitation and Online Protection’s advice on online safety

UK Safer Internet Centre: Online safety tips, advice and resources to help children and young people stay safe online

United Nations Convention on the Rights of a Child: Information on the UNCRC

United Nations Convention on the Rights of Persons with Disabilities: Information on the UNCRPD

Byron Review: Safer Children in a Digital World The Report of the Byron Review

Child Exploitation and Online Protection Centre (CEOP): The CEOP is a police organisation concerned with the protection of children and young people from sexual abuse and exploitation, with a particular focus on the online environment.

Childnet International: Childnet International is a charity that is helping to make the internet a safe place for children. It has developed a set of award-winning resources called 'Know IT' All that aim to educate young people, parents, teachers and volunteers about safe and positive use of the internet.

Internet Watch Foundation: The Internet Watch Foundation (IWF) is the UK internet hotline for reporting illegal online content specifically child sexual abuse images hosted worldwide and criminally obscene and incitement to racial hatred content which is hosted in the UK.

EU Kids Online Project: The EU Kids Online project examines children’s safe use of the internet across 21 countries.