Review Date January 2021
SwimyourSwim takes all complaints about all behaviour seriously, whether inside or outside an event or session. Swimyourswim will handle complaints based on the principles of procedural fairness (natural justice), that is:
• All complaints will be taken seriously – both the person making the complaint (complainant) and the person the complaint is against (respondent) will be given full details of what is being said against them and have the opportunity to respond (give their side of the story)
• Irrelevant matters will not be taken into account.
• Decisions will be unbiased and fair
• Any penalties imposed will be fair and reasonable.
• More serious complaints may be escalated to the relevant channels.
If the complaint relates to suspected child abuse, sexual assault or other criminal activity, then Swimyourswim will need to report the behaviour to the police and/or relevant government authority.
THE COMPLAINT HANDLING PROCESS:
When a complaint is received by Swimyourswim via any means, the person receiving the complaint (e.g. volunteer or staff member) will:
• Listen carefully and ask questions to understand the nature and extent of the problem • Ask what the complainant would like to happen
• Explain the different options available to help resolve the problem
• Take notes and maintain confidentiality but not necessarily anonymity (where possible)
Once the complainant decides on their preferred option for resolution, SwimYourSwim will assist, where appropriate and necessary, with the resolution process. This may involve:
• Supporting the person complaining to talk to the person being complained about
• Bringing all the people involved in the complaint together to talk objectively through the problem (this could include mediation)
• Gathering more information (e.g. from other people that may have seen the behaviour)
Alleged criminal conduct shall be immediately reported to the proper authorities
In situations where a complaint is referred to an external agency, e.g. the Police, SwimyourSwim will:
• Co-operate fully to ensure the complainant and respondent are not victimised
• Where applicable, ensure the complainant is not placed in an unsupervised situation with the respondent(s)
• Act on the external bodies’ recommendations.
At any stage of the process, a person can seek advice from or lodge a complaint with an anti-discrimination commission or other external agency.
INVESTIGATING THE COMPLAINT:
There shall be zero tolerance (i.e. immediate termination of employments or affiliation with Swimyourswim for retaliation engaged in by any coach, employee, volunteer or participant against any person submitting a complaint. This includes any retaliation byfriends, parents, or spouse of the person alleged to have engaged in misconduct.
If the complaint alleges a dangerous or hostile environment, Swimyourswim will act immediately to restore a safe environment while the complaint process takes place
If the individual, or parent of a minor individual, reporting harassment or other serious transgression asks that the reporting individual’s or victim’s name not be disclosed to
the person accused, all reasonable steps to investigate and respond to the complaint consistent with the individual’s request shall be taken as long as doing so does not prevent Swimyourswim from responding effectively to serious misconduct (i.e., sexual harassment, discrimination and preventing harm to others).
Swimyourswim shall advise the person alleged to have engaged in misconduct, verbally or in writing of the following:
• That he/she is alleged to have violated our policy
• The specific nature of the allegation made
• That the complaint process will be followed, including the possible imposition of sanctions.
Swimyourswim will take disciplinary action against anyone found to have breached our policy or made false and malicious allegations. Any disciplinary measure imposed under our policy must:
• Be applied consistently with any contractual and employment rules and requirements; • Be fair and reasonable;
• Be based on the evidence and information presented and take into account the seriousness of the breach;
Possible measures that may be taken include:
• Verbal and/or written apology;
• Withdrawal of any awards, placings, records, achievements bestowed in any tournaments, activities or events held or sanctioned by SwimyourSwim
• Suspension or termination of membership, participation or engagement in a role or activity, de-registration of accreditation for a period of time or permanently
• Any other form of discipline that SwimyourSwim considers reasonable and appropriate.
The complainant or respondent can lodge an appeal against decisions of or disciplinary measures imposed by Swimyourswim. Appeals must be based on either a denial of natural justice, because of unjust or unreasonable disciplinary measure(s) being imposed, or on the grounds that the decision was not supported by the information/evidence presented and available to the decision maker. Avenues for appeal will be discussed on an individual complaint basis.
HOW YOUR DETAILS ARE USED:
• In order to participate in sessions or events through SwimYourSwim, you are required to complete this form fully.
• In case of medical emergency, your details may be shared with the emergency services, along with your next of kin details.
• It is your responsibility to inform SwimYourSwim if any of your details change before your next swim session / event.
• Medical details and medication are an essential part of any handover to the emergency services should the need arise. SwimYourSwim will not be held responsible for any incorrect information held that has not been updated in accordance with this policy.
• SwimYourSwim will never use your data to contact you for marketing or events, but may contact you directly if changes to an event occur which require your personal attention.
HOW YOUR DETAILS ARE STORED:
• We will never sell, give, or allow your data to be accessed by any other company.
• Your details will be stored in compliance with Data Protection Regulations.
• Only specific individuals within SwimYourSwim will have access to this information.
• At least one of these individuals will be present at any given event or session. * Your details will be stored for a maximum of 2 years, and then destroyed. After this time, you will be required to complete a new declaration form in order to continue to participate in sessions or events.
YOUR RIGHT TO ACCESS INFORMATION HELD ABOUT YOU:
• You have the right to request a full Data Subject Access Request from SwimYourSwim at any time. This is a full disclosure on any information that is held about you. This is free of charge and will be provided within 1 calendar month of the request.
• Please send all DSAR’s via email to Info@swimyourswim.com. If you have any questions, please contact: Leon Fryer – Lead coach.
EQUALITY AND DIVERSITY POLICY
Swimyourswim Ltd is dedicated to encouraging a supportive and inclusive culture amongst the whole workforce. It is within our best interest to promote diversity and eliminate discrimination in the workplace.
Our aim is to ensure that al volunteers, employees and job applicants are given equal opportunity and that our organisation is representative of all sections of society. Each volunteer or employee will be respected and valued – and will be able to give their best as a result.
This policy reinforces our comittment to providing equality and fairness to all in our employment, and not provide less favourable facilities or treatments on any grounds. These include, but are not limited to:
• sex or sexual orientation
• gender reassignment
• marriage and civil partnership • pregnancy and maternity
• ethnic origin
• national origin
• religion or belief
We are opposed to all forms of unlawful and unfair discrimination.
All volunteers and employees, regardless of whether they are part time, full time or temporary will be treated fairly and with respect. When selecting candidates for employment, promotion, training or any other benefit, the selection process will be solely based on their aptitude and ability.
All volunteers and employees will be given help and encouragement to develop their full potential and utilise their unique talents. Therefore the skills and resources of our organisation will be fully utilised and we can optimise the efficiency of our whole workforce.
• To create an environment in which individual differences and the contributions of all team members are recognised and valued.
• To create a working environment that promotes dignity and respect for all.
• We will not tolerate any form of intimidation, bullying or harassment, and will take measures against those who breach this policy.
• To make training, development and progression opportunities available to all staff.
• To promote equality in the workplace, which Swimyourswim believes is good management practice and makes sound business sense.
• We will encourage anyone who feels they have been subject to discrimination to raise their concerns so we can investigate, and take corrective measures if required.
• To encourage volunteers and employees to treat everyone with dignity and respect. • To regularly review all our employment practices and procedures so that fairness is maintained at all times.
MALPRACTICE & MALADMINISTRATION POLICY OVERVIEW:
This policy is aimed at volunteers and attendees who participate in our events and programs – specifically our STA / RYA endorsed programmes or STA/ RYA qualifications and our team who are delivering the trainingservices and who are involved in suspected or actual malpractice.
PURPOSE OF THE POLICY:
The purpose of this policy is to set out the steps we will take if we suspect malpractice and our responsibilities in dealing with such cases. It is also in place to review our processes in light of a suspected or actual case of malpractice. We will act upon any reports of suspected or actual cases of malpractice we receive which may affect the integrity of our training programme(s) and quality assurance systems. We also have a professional responsibility to report non adherence with regard to STA OR RYA programmes to the STA / RYA.
Malpractice is essentially any activity or practice which deliberately contravenes regulations and compromises the integrity of the assessment process and/or the validity of certificates and qualifications. For the purpose of this policy this term also covers professional misconduct.
Examples of malpractice may include but are not limited to the following:
• Forgery of evidence
• Plagiarism of any nature by learners (see separate plagiarism and cheating policy) • Submission of false information to gain a qualification
• Discriminatory, bullying or harassing behaviour
• Unprofessional conduct
• Behaviour likely to endanger the health or safety of the public
• Breach of confidentiality of learners or organisation
• Failure to meet the awarding body or regulator’s requirements
• Falsifying assessment records
Examples of Centre malpractice with regard to providing STA / RYA qualifications may include but are not limited to:
• Inadequate centre procedures for the induction of members of staff / volunteers
• Failure to provide learners, volunteers and members of staff with the knowledge of their responsibilities through relevant policies and procedures that include the possible consequences of non-compliance
• Failure to review systems, policies and procedures to ensure they remain fit for purpose • Inadequate support for learners and members of staff that includes ways of helping learners understand how malpractice can occur and be prevented
• Failure to follow centre’s own procedures relating to malpractice, maladministration and/ or plagiarism
• Failure to report malpractice to STA/RYA including cases of plagiarism that have been dealt with through a customer ’s own Malpractice and Maladministration/Plagiarism policy • Failure to have robust procedures in place for the review and monitoring of any administrative, assessment or quality process / activity that could result in the deliberate falsification of records
• Persistent mistakes or poor administration within a centre resulting in the failure to keep appropriate learner assessment records
• Inaccurate recording of learner assessment decisions leading to invalid claims for certification
• Non-compliance with STA/RYA requirements
• Failure to retain accurate records of learner assessment decisions for the specified timescale.
SwimYourSwim Ltd provides opportunities for individuals of all ages to discover, participate and improve their swimming ability and confidence in the water. Sessions are held at a number of locations and include both pools and open water venues.
Swimyourswim acknowledges the duty of care to safeguard and promote the welfare of children and is committed to ensuring safeguarding practice reflects statutory responsibilities, government guidance and complies with best practice.
The policy recognises that the welfare and interests of children are paramount in all circumstances. It aims to ensure that regardless of age, ability or disability, gender reassignment, race, religion or belief, sex or sexual orientation, socio-economic background, all children;
• have a positive and enjoyable experience of swimming in a safe and child centred environment
are protected from abuse whilst participating in sessions or events
Swimyourswim acknowledges that some children, including children with disabilities and young people or those from ethnic minority communities, can be particularly vulnerable to abuse and we accept the responsibility to take reasonable and appropriate steps to ensure their welfare.
As part of our safeguarding policy Swimyourswim will;
• promote and prioritise the safety and wellbeing of children and young people
• ensure everyone understands their roles and responsibilities in respect of safeguarding and is provided with appropriate learning opportunities to recognise, identify and respond to signs of abuse, neglect and other safeguarding concerns relating to children and young people
• ensure appropriate action is taken in the event of incidents/concerns of abuse and support provided to the individual/s who raise or disclose the concern
• ensure that confidential, detailed and accurate records of all safeguarding concerns are maintained and securely stored
• prevent the employment/deployment of unsuitable individuals
• ensure robust safeguarding arrangements and procedures are in operation.
• ensure appropriate action is taken in the event of incidents or concerns of abuse and provide support to the individual/s who raise or disclose the concern
• ensure that confidential, detailed and accurate records of all safeguarding concerns are maintained and securely stored
The policy and procedures will be widely promoted and are mandatory for everyone involved in Swimyourswim sessions or events. Failure to comply with the policy and procedures will be addressed without delay and may ultimately result in dismissal/ exclusion from the organisation.
The policy will be reviewed a year after development and then every three years, or in the following circumstances:
• changes in legislation and/or government guidance • as a result of any other significant change or event.
This policy recognises that regardless of age, gender, religion and beliefs, ethnicity, disability, sexual orientation, socioeconomic background or identity, the welfare and interests of all children and young people is paramount. Swimyourswim acknowledges that some children, including children with disabilities and young people from ethnic minority communities, can be more vulnerable to abuse and neglect. We will acknowledge barriers they may face such as communication and expression and accept the responsibility to take appropriate steps to ensure their welfare and interest at all times.
• Ensure appropriate action is taken in the event of incidents or concerns of abuse and provide support to the individual/s who raise or disclose the concern
• Ensure that confidential, detailed and accurate records of all safeguarding concerns are maintained and securely stored
• Liaise with client schools to ensure accurate records are kept of Designated Child Safety Officers and other relevant contacts
If any staff fail to comply with policy and procedures, Sport and Health Academy will respond without delay and depending on the outcome of the investigation, the result may be dismissal from the organisation.
The policy will be reviewed annually or if the following circumstances arise:
- Changes in legislation and/or an update in government guidance
- As required by the Local Safeguarding Children Board, UK Sport and/or Home Country Sports Councils and Ofsted
• As a result of any other significant change or event.