Contact: Rita Crowne, County Manager Education Welfare Officer and Lead officer for Child Protection (Schools and Education) 01962 845770

e-mail: [email protected]

1 Summary

1.1 An application has been received by Hampshire County Council from a theatre group in Hampshire requesting a Body of Persons Approval. National pressure has been mounting from amateur groups for Local Authorities to adopt a policy whereby children can take part in their productions without seeking approval for each child's performance. They perceive the current licensing process as an onerous and repetitive task.

1.2 In the light of this request it is necessary to consider under what terms and upon what conditions Hampshire County Council might be prepared to grant a Body of Persons Approval.

1.3 This initiative therefore supports Aims 1 and 4 of the Corporate Strategy by "Maximising life opportunities" and "Building safe and strong communities".

1.4 This initiative also supports all 5 Aims of The Children Act 2004 by seeking to help ensure that children are healthy, stay safe, enjoy and achieve through learning, make a positive contribution to society and increase the likelihood of economic well-being.

2 Legal Background of The Licensing Provisions

2.1 Part 11 of the Children and Young Persons Act 1963 came into force in October 1968, together with the Children (Performance) Regulations 1968. The Act and the Regulations constitute a code governing the circumstances in which all children under compulsory school leaving age may take part in performances such as theatrical productions, film, modelling contracts and certain sporting activities.

2.2 If any such child wishes to participate in any performances then, subject to limited exemptions, an application must be made to the Local Education Authority for a licence.

2.3 Under the Performance Regulations, the Local Education Authority has a duty to satisfy itself that:

· the child's education and health will not suffer

· the place of performance/rehearsal is satisfactory; and

· the conditions under which the licence will be granted will be observed.

2.4 In certain circumstances an authorised officer of the Local Education Authority has a right of entry to ensure that the terms of the licence are being complied with.

3 The Body of Persons Approval

3.1 The Children and Young Persons Act 1963 Section 37(3)(b) states that a licence is not required for a child to take part in a performance if it is given by an organisation that has been granted a Body of Persons Approval. Such an approval must be given either by the Secretary of State or by the Local Authority in whose area the performance takes place.

3.2 A child is allowed to perform on four days in a six month period without the need for a performance licence provided no absence from school is required and no payment is received. Hampshire applies this four day rule after which a licence is required for each child. It has not granted approval to any Body of Persons. Some amateur productions now take place in excess of four days within a period of six months (mainly in an attempt to recoup hiring and production costs).

4 Background Information

4.1 Child performance regulations are fragmented and although they have had some updates over the years, they can be ambiguous and have therefore been interpreted in different ways by local authorities, causing difficulties and confusion. Most are working from old copies of the regulations and guidelines as they are no longer in print. Until recently Local Authorities were not being asked for a Body of Persons Approval. However there has been increasing pressure on the government from both local authority representatives and film/TV/theatrical/agency professions to review and rewrite child performance regulations.

4.2 The Juvenile Employment Service received a request from the Chesil Theatre in Winchester some time ago asking that they be granted a Body of Persons Approval. Their letter of request stated that in their view a blanket refusal to consider granting such an approval on the basis that no policy was in place would be ultra vires. It indicated that in such circumstances an application would be made for a judicial review of the decision. In the light of this request it was necessary to consider under what terms and upon what conditions Hampshire County Council might be prepared to grant a Body of Persons Approval.

4.3 Hampshire does not wish to retain unnecessary administrative burdens on amateur groups but is mindful of the legal responsibility to safeguard children from harm and exploitation. In particular it is mindful of the duties of the Local Education Authority since the implementation of Section 175 of the Education Act 2002 in relation to schools and educational establishments. Whilst a theatre group is not a school, children involved in performances can spend considerable periods involved in such activities, which may potentially include a residential period and are entitled to be properly protected. Hampshire County Council contacted the DfES to seek advice regarding their intention to extend duties similar to Section 175 to bodies awarded a Body of Persons Approval. Although they have acknowledged the current difficulties, the DfES has indicated that it does not anticipate being able to address this in the foreseeable future.

4.4 The advice of Hampshire County Council's legal department is that Hampshire County Council should therefore proceed to adopt a policy for a Body of Persons Approval. The Body of Persons Approval would last for a period of one year only and would run from the date of being granted.

4.5 The proposed policy is attached, together with a proposed contract. In essence it sets out the criteria that should be fulfilled as:

The group should have:

a) complied with the licensing provisions for a 2 year period or

conducted 6 performances involving children, whichever is the greater;

b) have an Approved Child Protection Policy

c) sign a Standard Contract.

4.6 The recommendation is that groups applying for approval should use the Model Child Protection Policy which has been developed by the National Operatic and Dramatic Association (Noda). The pre-condition (a) above is to ensure that only those companies with proven experience would be eligible.

4.7 Requiring groups to sign the Contract reflects a consensus established with other local authorities to adopt a similar approach to maintain quality control standards regarding arrangements for safeguarding children in entertainment.

5 Legal implications

5.1 This policy will allow the implementation within Hampshire of powers granted in the Children & Young Person Act 1963 that have never been used.

6 Financial implications

6.1 It is not anticipated that there will be any additional financial cost to the authority in granting approved body status to groups who are able to meet the criteria. It should ease the administrative burden on the Juvenile Employment Service as individual licences for each child will not need to be processed and issued for each production by a group.

6.2 However there are approximately fifteen groups who currently licence children in Hampshire for performances but who might consider applying for approved body status if it were offered. It is difficult to calculate the number of groups who currently do not require licences for children at present (because the children perform on fewer than four days during a six month period) but who might increase the number of their performance days for children and apply for approved body status in future. It is believed that the application in hand is being viewed as a `test' case and that other applications will be made from other theatre groups in Hampshire.

7 Personnel implications

7.1 None

8 Impact assessment

8.1 Race and equality impact assessment has been considered in the development of this report and no adverse impact has been identified.

9 Crime prevention issues

9.1 The County Council has a legal obligation under Section 17 of the Crime and Disorder Act 1998 to consider the impact of all the decisions it makes on the prevention of crime. All reports seeking decisions, therefore, need to include an appropriate statement. The inclusion of a contract and child protection policy aims to reduce the opportunity for crimes to be committed against children involved in entertainment.

10 Views of the Local County Councillor

10.1 The policy and its application will apply across the County Council.

Recommendations

1 That the Executive Member for Children's Services agrees to the granting of a Body of Persons Approval regarding children taking part in performances organised by amateur groups.

Section 100 D - Local Government Act 1972 - background documents

The following documents discuss facts or matters on which this report, or an important part of it, is based and have been relied upon to a material extent in the preparation of this report.

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