Hampshire County Council Policy for the approval of a Body of Persons

1. Section 37(3)(b) of the Children and Young Persons Act 1963 provides that a licence shall not be required for a child to take part in a performance if:

"the performance is given under arrangements made by a school (within the meaning of the Education Act 1996 or the Education (Scotland Act 1962) or made by a Body of Persons approved for the purposes of this section by the Secretary of State or by the local authority in whose area the performance takes place, and no payment in respect of the child's taking part in the performance is made, whether to him or to any other person, except for defraying expenses."

2. Rationale for Body of Persons Criteria and Contract

2.1 Hampshire County Council is mindful of the legal responsibility to safeguard children from harm and exploitation and has therefore applied the following criteria for approval.

2.2 The applicant group should:

a) have complied with the licensing provisions for a 2 year period or conducted six performances involving children, whichever is the greater; and

b) have an Approved Child Protection Policy; and

c) sign a Body of Persons Contract.

Hampshire County Council (HCC) has also incorporated conditions within a Contract (known as "The Contract") which must be adhered to by the applicant group.

2.3 Applicants should use the Model Child Protection Policy which has been developed by the National Operatic and Dramatic Association (Noda). This has been reviewed by Hampshire County Council and is considered to meet most of Hampshire County Council's safeguarding requirements. To further enhance the safeguarding responsibilities of each approved Body of Persons, some additional points have been included within The Contract.

2.4 Approval is granted on a yearly basis in order to ensure regular contact between HCC and the Approved Body of Persons. Within this period HCC will monitor compliance with the requirements and regulations by amateur groups regarding all dress rehearsals and performances in which children participate.

3. Procedure for applications

3.1 Applications should be made in writing to the Juvenile Employment Service, Hampshire County Council.

3.2 Applications will be considered on the basis of the group's previous ability to comply with performance regulations and its agreement to comply with the conditions of the Body of Persons Contract.

3.3 On receipt of the application, Hampshire County Council will acknowledge receipt in writing.

3.4 Hampshire County Council will instigate appropriate checks and meetings within 28 days. This will include speaking to the intended contract signatory; visiting to see the layout and facilities for children at the locations used; meeting with the matron to discuss the added responsibilities of the Body of Persons status and undertaking any other necessary enquiries.

3.5 HCC will endeavour to notify the applicant of a decision within 8 weeks of the application. Any delays will be notified in writing. A decision to refuse approval will be explained in writing.

3.6 The Body of Persons Approval will last for a period of 1 year only and will run from the date of this being granted.

3.7 Applications for renewal must be in writing, giving at least 28 days notice.

3.8 Any breach of the regulations or non-compliance with the terms of the contract may result in termination of Body of Persons approval.

4. Review Process

4.1 If the Applicant Group is not satisfied with the explanation provided regarding refusal the nominated applicant should write to the Children's Services Department within 28 days of the decision providing their grounds for requesting a review of the decision.

4.2 The case will be referred to the Reviewing Officer who is the Director of Children's Services or a person or persons authorised by the Director of Children's services to review the decision.

4.3 The Reviewing Officer will be provided with legal advice and assistance by a legal advisor within the Council.

4.4 The letter requesting review will be acknowledged within 7 days of receipt.

4.5 The Reviewing Officer will consider the case afresh taking into consideration:

- the original papers in the case

- any further information submitted by the applicant group or their nominated representative

- legal advice and assistance

- any other information including information from third parties

4.6 The Reviewing Officer will write to the Applicant Group informing them of the decision within 21 days. Full reasons for the decision will be given.

4.7 In some cases further information may be requested by the Reviewing Officer before a decision can be reached. In these cases the legal advisor will write to the Applicant Group asking them to supply the information or to give consent to the legal advisor to obtain the information on their behalf. The review process will then be stayed pending receipt of the further information.

4.8 Upon receipt of the information the Reviewing Officer will provide the Applicant Group with a decision together with full reasons for the decision within 21 days.

4.9 The matter can be dealt with by written submissions only, or in exceptional cases by oral submissions. In cases where oral submissions are to be made the hearing will be held within 28 days of the request for review unless further information is required in which case the hearing will be held within 21 days of receipt of the further information.

4.10 Oral submissions will be limited to issues already raised in the request for review documents and further information provided.

4.11 The Reviewing Officer will determine the matter at the hearing or may reserve his/her decision. In either case the Applicant Group will be advised of the decision within 7 days of the date of the hearing.

5. Expectations Post Approval

5.1 A written schedule of performances including dress rehearsals will be provided to the authorising officers at least 14 days in advance. This schedule should include details of any proposed overnight stays and the arrangements that have been made for accommodating the children.

5.2 All performances must be approved as appropriate by Hampshire County Council for the age of the children taking part.

5.3 All locations for dress rehearsals and performances must be approved by Hampshire County Council in advance.

5.4 Only matrons approved in advance by Hampshire County Council may be used.

5.5 Visits and checks by the authorising officer will be facilitated by the group during the currency of the Body of Persons Approval to monitor children taking part in dress rehearsals or performances.

5.6 A copy of the group's child protection policy and procedures will be provided by the group for the retention of Hampshire County Council.