Appendix C
Kalma Policies
Kalma employees/licensees/franchisees are expected to follow the guidelines and policy’s as set in the operations manual and inside of this manual at all times. Concerns are raised to the brand director.
Equal Opportunities Policy
Kalma adopts the approach ‘Always treat others like you would like to be treated’ regardless of race, sex, age, disability or religion. Kalma aims to ensure that you do not receive less favourable treatment, unless that treatment is justified, on the grounds of your race, status, family status, age, HIV status, trade union membership, creed, colour, nationality, ethnic origin, religion, gender, gender reassignment, sexual orientation, marital or civil partner, disability, political affiliation, or membership or traveling community.
Franchisees/Employees/Licensees must not harass or intimidate other employees on discriminatory grounds set out above. Such behaviour may be treated as gross misconduct in accordance with Kalma ’s disciplinary procedure. Attention should be drawn to a manager immediately to suspected discriminatory acts or practices. Franchisees/Employees/Licencees must not victimise or harass any employee who has made allegations or complaints of discrimination. Such behaviour may be treated as gross misconduct in accordance with the disciplinary procedure. In order to ensure we are promoting equal opportunities in our workforce we request to hold personal data regarding age, gender ethnic origin, and disability (if you have one). This information is for monitoring purposes only and is kept entirely confidential. Kalma is committed to the principle of equal opportunity in recruitment and employment we consider all forms of discrimination within the brand unacceptable. We will appoint, train, develop and promote on the basis of merit and ability alone.
Recruitment of employees/franchisees
- All applications will be processed in the same way.
- Those responsible for short-listing, interviewing and selection will be clearly informed of the selection criteria and of the need for their consistent application.
- Wherever possible, all Employees will be interviewed by at least two people.
- All questions that are put to the applicants will relate solely to the requirements of the job.
- If it is necessary to assess whether personal circumstances will affect the performance of the job, this will be discussed objectively, without detailed questions based on assumptions about race, sex, religion, national origin, sexual orientation, disability, marital status, children and domestic obligations.
Promotion, Transfer and Training
- Kalma will take such measures as may be necessary to ensure training, supervision and instruction for all franchisees/employees/licencees to familiarise them with the policy on equal opportunities to help them identify discriminatory acts or practices; it ensures they promote equal opportunity within their businesses for which they are responsible.
- Persons responsible for selecting new franchisees/licensees/employees, those for training, or for transfer to other jobs, are instructed not to discriminate with that listed in the policy statement above.
Terms of employment
- All terms of franchise/licence/employment agreements, benefits, etc will be reviewed from time to time, in order to ensure that there is no unlawful discrimination on any of the grounds listed in the policy statement above.
- A probationary period of 6 month can be agreed/placed before receiving final confirmation of franchise/employment contract agreement. During this period both you and Kalma have the right to terminate the contract agreement upon giving four weeks’ notice. Upon completion of your probationary period your notice will be as indicated in your contract.
Equality, Diversity and Human Rights Policy
As an equal opportunities employer, Kalma Life UK, will promote equality with due regard to the protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
Everybody has a right to be treated with dignity and respect and in doing so; Kalma Life recognises its legal duties under the Equality Act 2010 and Human Rights Act 1998.
We are committed to creating a culture in which equality, diversity and human rights (EDHR) are promoted actively and unlawful discrimination is not tolerated. Kalma Life recognises that the experiences and needs of every individual are unique and strives to respect and value the diversity of its customers, service users, children, family members and staff.
The management of Equality, Diversity and Human Rights (EDHR) is important to Kalma Life as it will
help to: Ensure that the services we provide are accessible to all people;
Actively promote equality; and are free from unlawful discrimination; develop services which best meets the needs of our diverse communities;
Eliminate from our services, policies and decision making, any adverse impact on the promotion of equality and inclusion for our service users and staff; and promote the corporate reputation of the organisation.
Equality is not about treating everyone the same.
Equality recognises that everyone has individual needs and the right to have those needs respected; inequality exists and that unlawful discrimination needs to be tackled; employment and our services should be accessible to all; and it is about treating people fairly where everyone can participate and have the opportunity to fulfil their potential.
Diversity is about respecting and valuing individual difference.
Diversity recognises that:
A diversity approach aims to recognise, value and manage differences to enable all children, service users and staff to contribute and realise their full potential. Diversity challenges us to recognise and value all sorts of differences in order to make the Kalma Life a better environment and to ensure that we provide an excellent service for all people.
The Human Rights Act 1998 sets universal standards to ensure that a person’s basic needs as a human being are recognised and met. Public authorities should have arrangements in place to ensure that they comply with the Human Rights Act 1998, and it is unlawful for a wellbeing organisation to act in a way that is incompatible with the Act.
In practice this means treating individuals with fairness, respect, equality, dignity and autonomy whilst also safeguarding the rights of the wider community when developing policies and procedures and carrying out our classes. Kalma Life will consider these human rights principles in relation to our staff, children and parents at all times, aiming to demonstrate our commitment to quality outcomes which will improve the customer experience and provide satisfaction to staff that they are
undertaking a job that is valued.
Our services will be accessible and sensitive to the needs of our diverse communities and will not unfairly discriminate on the basis of any protected characteristic. Kalma Life will not tolerate any practices that result in the provision of a lower standard of service due to unlawful discrimination. Each and every session delivered is fully inclusive for all children and adults we work with, adhering to the highest standards of practice.
Data Protection policy
All Franchisees are required to have an ICO certificate this must be sent to head office once it has been processed.
Personal data regarding franchisees/employees/licensees and customers is required to be collected processed, issued and stored both manually and electronically when coming in contact with Kalma . This personal data may at certain times be collected or requested by external sources. Under the terms of the Data Protection Act 2018 and GDPR and any other data protection legalisation consent is required to enable us to collect process issue and store personal data about you. Acceptance to a franchise/licence/employment contract and customer bookings with disclaimers is consent to do this. It is your duty as a franchisee/licensee/employee to ensure all customer personal information is also stored safely and securely in line with this policy and the Data Protection Act.
Disclosure of information: In certain circumstances data from the individual franchise branch maybe shared with Kalma Head office or with other members of the Kalma team. This for example world be when a franchise branch is sold or transferred and customer data is passed from one franchisee to another.
Kalma are the Data Controller under the Act, which means that it determines what purposes personal information held, will be used for. It is also responsible for notifying the Information Commissioner of the data it holds or is likely to hold, and the general purposes that this data will be used for. Kalma may share data with other agencies such as the local authority, funding bodies and other voluntary agencies. Data collected from customers which includes schools nurseries children centres and nurseries, will be:
- Names parent and child
- DOB child
- health conditions,
- address,
- telephone numbers,
- emergency contact
- photo permissions in class
- email address
This information is required for Health and safety and child protection reasons and for session planning purposes. The Individual/Customer will be made aware in most circumstances how and with whom their information will be shared with this includes:
Schools
Children centres
Nurseries
When the above request customer information this would be for Monitoring purposes, fire regulations, health and safety in the buildings.
The Individual/Customer will be made aware in most circumstances how and with whom their information will be shared. There are circumstances where the law allows Kalma to disclose data (including sensitive data) without the data subject’s consent. These are:
- a) Carrying out a legal duty or as authorised by the Secretary of State
- b) Protecting vital interests of an Individual/Customer or other person
- c) The Individual/Customer has already made the information public
- d) Conducting any legal proceedings, obtaining legal advice or defending any legal rights
- e) Monitoring for equal opportunities purposes – i.e. race, disability or religion
- f) Providing a confidential service where the Individual/Service User’s consent cannot be obtained or where it is reasonable to proceed without consent: e.g. where we would wish to avoid forcing stressed or ill Individuals/Service Users to provide consent signatures.
Kalma regards the lawful and correct treatment of personal information as very important to successful working, and to maintaining the confidence of those with whom we deal. Kalma intend to ensure that personal information is treated lawfully and correctly. Kalma and franchisee/licensee/employees adhere to the Principles of Data Protection, as detailed in the Data Protection Act 1998.
The requirement of personal information:
- a) Shall be processed fairly and lawfully and, shall not be processed unless specific conditions are met,
- b) Shall be obtained only for one or more of the purposes specified in the Act, and shall not be processed in any manner incompatible with that purpose or those purposes,
- c) Shall be adequate, relevant and not excessive in relation to those purpose(s)
- d) Shall be accurate and, where necessary, kept up to date,
- e) Shall not be kept for longer than is necessary
- f) Shall be processed in accordance with the rights of data subjects under the Act,
- g) Shall be kept secure by the Data Controller who takes appropriate technical and other measures to prevent unauthorised or unlawful processing or accidental loss or destruction of, or damage to, personal information,
- h) Shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of Individuals/Customers in relation to the processing of personal information.
Kalma will, through appropriate management and strict application of criteria and controls:
- Observe fully conditions regarding the fair collection and use of information
- Meet its legal obligations to specify the purposes for which information is used
- Collect and process appropriate information, and only to the extent that it is needed to fulfill its operational needs or to comply with any legal requirements
- Ensure the quality of information used
- Ensure that the rights of people about whom information is held, can be fully exercised under the Act. These include:
- The right to be informed that processing is being undertaken,
- The right of access to one’s personal information
- The right to prevent processing in certain circumstances and
- The right to correct, rectify, block or erase information which is regarded as wrong information)
- Take appropriate technical and organisational security measures to safeguard personal information
- Ensure that personal information is not transferred abroad without suitable safeguards
- Treat people justly and fairly whatever their age, religion, disability, gender, sexual orientation or ethnicity when dealing with requests for information
- Set out clear procedures for responding to requests for information
Informed consent of Data collection is when an Individual/customer gives their consent and clearly understands why their information is needed, who it will be shared with, the possible consequences of them agreeing or refusing the proposed use of the data. Kalma will ensure the data collected outlines the defined in this policy. This applies to data that is collected in person, or by completing online/written form. We will ensure our individual/customer knows:
- Clearly understands why the information is needed
- Understands what it will be used for and what the consequences are should the Individual/Customer decide not to give consent to processing
- As far as reasonably possible, grants explicit consent, either written or verbal for data to be processed
- Is, as far as reasonably practicable, competent enough to give consent and has given so freely without any duress
- Has received sufficient information on why their data is needed and how it will be used
The storage of Information/records relating to Customers will be stored securely and will only be accessible to authorised staff. It will be stored until it is needed or required statute and will be disposed of appropriately. It is Kalma /Franchisee/licensee/Employee responsibility to ensure all personal and company data is non-recoverable from any computer system previously used within the organisation, which has been passed on/sold to a third party. All Individuals/customers have the right to data access the information which we hold about them. We take reasonable steps ensuring that data accuracy is kept upto date by asking data subjects whether there have been any changes. We will ensure that:
- All franchisees have a specific responsibility for ensuring compliance with Data Protection
- Head offices acts as data controller officer and informs franchisees/employees/licencees
- Everyone processing personal information understands that they are contractually responsible for following good data protection practice
- Everyone processing personal information is appropriately trained to do so
- Everyone processing personal information is appropriately supervised
- Anybody wanting to make enquiries about handling personal information knows what to do
- Deals promptly and courteously with any enquiries about handling personal information
- Describes clearly how it handles personal information
- Regularly review and audit the way we hold, manage and use personal information
- It regularly assesses and evaluates its methods and performance in relation to handling personal information
- All staff are aware that a breach of the rules and procedures identified in this policy may lead to disciplinary action being taken against them
This policy will be updated as necessary to reflect best practice in data management, security and control and to ensure compliance with any changes or amendments made to the Data Protection Act 2018. In case of any queries or questions about this policy please contact the Data Protection Officer:
Victoria Thompson
Director
07903931250
Website Privacy Policy
This is on each franchisee website and main HQ site. Should have any queries relating to this please contact HQ. This privacy policy sets out how Kalma Limited, Kalma or any of our franchises branches use and protects any information that you give Kalma when you use this website.
Glossary of Terms
- Data Controller – The person who (either alone or with others) decides what personal information Kalma will hold and how it will be held or used.
- Data Protection Act 2018 – The UK legislation that provides a framework for responsible behaviour by those using personal information.
- EU General Data Protection Regulations GDPR- The European regulations aimed at strengthen data protection.
- Data Protection Officer – The person(s) responsible for ensuring that we follow the data protection policy and comply with the Data Protection Act 2018.
- Individual/customer – The person whose personal information is being held or processed by us for example: a client, an employee, or supporter.
- Explicit consent – freely given, specific and informed agreement from Individual/customer of processing of personal information about them. This is needed for processing sensitive data.
- Notification – Notifying the Information Commissioner about the data processing activities, as certain activities may be exempt from notification. This link is a guide to help you to decide if you are exempt: http://www.ico.gov.uk/for_organisations/data_protection/the_guide/exemptions.aspx
- Information Commissioner – The UK Information Commissioner responsible for implementing and overseeing the Data Protection Act 2018.
- Processing – means collecting, amending, handling, storing or disclosing personal information.
- Personal Information – Information about living individuals that enables them to be identified – e.g. name and address. It does not apply to information about organisations, companies and agencies but applies to named persons, such as individual volunteers or employees within (GROUP).
- Sensitive data – refers to data about:
Racial or ethnic origin
Political affiliations
Religion or similar beliefs
Trade union membership
Physical or mental health
Sexuality
Criminal record or proceedings
Confidentiality and Fidelity policy
Kalma aim to protect children within our care and to give all franchisees/licensees/employees involved clear, unambiguous guidance as to their legal and professional roles and to ensure good practice within our organisation which is understood by children, parents/carers and the team. It is a condition of franchising/employment that you will not disclose to any person whatsoever any information or trade secret relating to the affairs of the company, its suppliers or customers either during your employment or after termination. This will be a requirement that will apply throughout the duration of your contract including any period of notice given or under the notice provisions. Additionally, all confidential records, documents, manuals, templates, marketing material and other papers together with any copies, extracts, or partner work in the production of documents/events with Kalma thereof made or acquired by you in the course of your contract shall be the property of Kalma and must ALL be returned and deleted from electronic devices upon termination of the contract.
Kalma understand the importance of the learning process to children and to provide a safe and secure learning environment. We aim to implement the underlying principles of Every Child Matters Agenda, in line with current child protection and safe-guarding guidelines and to address the issues, which may arise about confidentiality. We are committed to developing creative and positive ways for our children’s voices to be heard whilst recognising the responsibility to use, hold and safeguard information received. Sharing information unnecessarily is a breach of trust. We are an organisation that is mindful of our positions of trust by all and a professional approach will be used in all matters of confidentiality.
We aim to:
- Be consistent with messages in our organisation about handling information about children once it has been received.
- Strive to adopt an ethos of trust between children and all franchisees/licensees/employees enabling them to feel safe and able to confide and share problems.
- Ensure that licensees/franchisees/employees, parents and children are aware of our confidentiality, policy and procedures.
- Reassure children that their ‘best interests’ will be maintained.
- Ensure that children/parents/carers know that Kalma cannot offer unconditional confidentiality.
- Ensure child protection issues which arise are then correctly followed by our procedure, working with the guidelines set out in the policy. These are set out in classes as expectations.
- Allow parents the right of access to any records we may hold on their child but not to any other child that they do not have parental responsibility for.
Our process:
Any Information about children is kept private, it will only be shared with those that have a need to know. Any social services, medical and personal information about a child should be held in a safe and secure place which cannot be accessed by individuals other than those allowed. Kalma will continue to promote a positive ethos by:
- Kalma director is the Safeguarding/Child Protection Leader and all Franchisee/employees/licensees are responsible for receiving regular training. Certificates are kept at HQ.
- Ensuring Franchisees/licensees/employees are given clear guidance for the handling of child protection incidents as in our policies during training. They are required to have a refresher on safeguarding each year and have regular training on child protection issues.
- Ensuring clear guidance for procedures if a member of Kalma accused of abuse.
- Our teams understand effective growth and development education which brings an understanding of what is and is not acceptable in a relationship, can lead to disclosure of a child protection issue.
- Handling all issues about different types of families in a sensitive manner.
- Information collected for one purpose should not be used for another.
In some cases parents/carers and children will need to be aware that Kalma cannot offer complete confidentiality in all cases. Where there are circumstances involving child protection or criminal issues complete confidentiality will not be offered. Parents/carers and children should feel reassured that only in exceptional circumstances confidentiality will be broken. We will continue to communicate with parents, carers and children and ensure members of our franchise/employee/licensee team are available to talk to all parties concerned about issues that are causing concern. We encourage our children to talk to parents/carers/schools about issues causing them worry and may in some cases support the children to talk to their parents/schools.
Children have a right to the same level of confidentiality irrespective of gender, race, religion, medical concerns and special educational needs. A lot of data is generated in organisations by these categories but individual children should not be able to be identified. Confidentiality is a whole organisation issue. Clear ground rules must be set for any classroom work such as circle time and other session dealing with sensitive issues such as growth development and drugs. Strategies are in place and all children are aware of them for dealing with sensitive information which may fall outside the boundaries of child protection procedures. Organisation needs to be proactive so children feel sup-ported but information is not unnecessarily revealed in a public arena. Even when sensitive information appears to be widely known it should not be assumed by those immediately involved that it is appropriate to discuss or share this information further. Health professionals have their own code of practice dealing with confidentiality. Staff should be aware of children with medical needs and the class information sheet should be accessible to staff who need that information but not on general view to other parents/carers and children.
Photographs of children should not be used outside of the organisation premises without parents/carers permission. At no time should the child’s name be used with a photograph so that they can be identified. Information about children will be shared with parents but only about their child. All personal information about children including medical and social services records should be regarded as confidential. Any personal data will only be kept as long as necessary or for the length of time as stipulated by law. Staff laptops are password protected and backed up securely. Addresses and telephone numbers of parents and children will not be passed on except in exceptional circumstances or to a receiving organisation. Our policy will be reviewed annually or as a need to and as of law changes.
Social Media Policy
The confidentiality policy in this manual covers the employee interactions on all currently available social medium. Employees must remember to not disclose any information that is confidential or proprietary to Kalma or to any third party that has disclosed information to the company. Should you wish to publicly comment on any aspect of company business you must clearly state you are an employee and include a disclaimer. The disclaimer should include that these are of your opinions and not of Kalma ’s. Any social medium or internet postings should not include the company logo or trademark unless permission has been asked for and granted. Internet postings should be fair, respectful, respect copyright laws, privacy, financial disclosure and other applicable laws, nor seen as racist, sexist or any other such as this. Corporate blogs and personal Facebook posts about the company must be authorised first by the brand. Remember your personal social media will be seen by others and this reflects upon your business, fellow teachers business and the company, use it wisely.
Child Protection and Safe Guarding Policy
Every child deserves to be happy and feel secure and carers and parents need to feel that the people in charge of the facilities and those delivering the activities are trustworthy, responsible and will do everything to keep the vulnerable children or adult safe from harm. Kalma has a duty of care and those that are part of it to safeguard all children, young people and vulnerable adults involved in its classes, services and any activities it provides from harm. Kalma and its teachers fully recognise their responsibilities and is committed to the belief that all children, young people and vulnerable adults have a right to protection. Kalma and its franchisees/employees will ensure the safety and protection of all children, young people and vulnerable adults through adherence to the appropriate child protection legislation included in the Children’s Act (1989) and the Protection of Children Act (1999), the child protection guidelines introduced by the National Governing Bodies of Sport and Working Together Act (2010).
- demonstrates the welfare of a child or vulnerable person is paramount by a commitment to the below:
- the welfare of the child is paramount
- no child or group of children must be treated any less favorably than others in being able to access services which meet their particular needs
- all children without exception have the right to protection from abuse regardless of gender, ethnicity, disability, sexuality or beliefs
- the policy is reviewed, approved and endorsed by the director annually or when legislation changes
- who the policy applies to (ie all trustees, staff and volunteers)
- children and parents are informed of the policy and procedures as appropriate
- all concerns, and allegations of abuse will be taken seriously by trustees, staff and volunteers and responded to appropriately – this may require a referral to children’s social care services, the independent Local Authority Designated Officer (LADO) for allegations against staff, trustees and other volunteers, and in emergencies, the police
- a commitment to safe recruitment, selection and vetting
- reference to principles, legislation and guidance that underpin the policy
- arrangements for policy and procedures review
- reference to all associated policies and procedures which promote children’s safety and welfare eg with regards to: health and safety, anti-bullying, protection of children online, and photography
Kalma offer services for vulnerable children and all roles within the organisation require a DBS enhanced disclosure application to be completed which will detail spent and unspent convictions, cautions, reprimands, final warnings and other relevant non-conviction information held on the Police National Computer. Along with a safeguarding level 1 certificate renewed in line with guidelines.
All franchisees/employees/licensees are advised that a Disclosure will be carried out in any formal offer of a franchise/licence/employment. Prior to interview, Kalma prompts discussion of any previous convictions that may be part of the Disclosure. This confidential dialogue will not be made known to those conducting selection interviews but may be discussed with Head office or Management Team as necessary. Criminal records will only be taken into account for employment purposes where the conviction is relevant.
Kalma Head Office conduct all DBS applications for Franchisees and Employees (if not one already) and have full access to DBS Disclosures. Information may only be shared between organisations with the consent of the Disclosure applicant. We are enabled by the legislation to use the Criminal Records Bureau and its Disclosure system to contribute to the assessment of the suitability of franchisees/licensees/employees and existing volunteers to work with and care for children and vulnerable young people. The Disclosure will form part of the assessment of a person’s suitability and may rule them out regardless of their other skills and talents should the offence(s) be significant and relevant. The decisions in which Kalma make are in the best interests of children and vulnerable young people. We will balance the relevance and significance of the offence(s) and the rehabilitation of the offender with the need to keep children and young people safe.
Kalma Policy statement
Kalma complies with the CRB Code of Practice, the Re-habilitation Act 1998) and government inter-agency statutory guidance Working together to safeguard children. We treat all franchisees/licensees/employees and volunteers fairly. We will not discriminate unfairly against an individual on the basis of a Disclosure of conviction or other information received from the DBS.
Kalma understands and implements the welfare of a child or vulnerable person is essential by a commitment to the below
- No child or group of children must be treated any less favorably than others in being able to access our services which meet their particular needs
- All children without exception have the right to protection from abuse regardless of gender, ethnicity, disability, sexuality or beliefs and feel safe
- Our policy is reviewed annually or when legislation changes
- Our policy applies to all franchisees/licensees/employees
- Children and parents are informed of the policy and procedures as appropriate
- All concerns, and allegations of abuse will be taken seriously by franchisees/licensees/employees and volunteers. They are responded to appropriately – this may require a referral to children’s social care services, the independent Local Authority Designated Officer (LADO) for allegations against franchisees/licenses/employees and other volunteers, and in emergencies, the police
- We are committed to safe recruitment, selection and vetting
- Reference to principles, legislation and guidance that underpin the policy
- A strategy for reviewing policy and procedures
- Reference to all associated policies and procedures which promote children’s safety and welfare eg with regards to: health and safety, anti-bullying, protection of children online, and photography
DBS Disclosures are mandatory for both existing franchisees/licensees/employees and volunteers and new ones. They must be renewed every two year and a copy must be sent and held at Head Office.
- Kalma committed, in line with our Equal Opportunities policy, to recruiting and retaining franchisees/licencees/employees and volunteers and to their fair treatment regardless of their ethnicity, gender, sexual orientation, age, religion, sensory impairment, physical or learning disability or offending background. We recognise the importance of a mix of talent, skills, potential, background, knowledge and experience and wish to recruit and retain on this ethos. Sport & Activity Professionals wishes to positively welcome a wide range of people who can become role models and support to all children, young people and vulnerable adults.
- Our franchisees/licensees/employees are involved with children and young people, because of this we will be considerate to:
- The conviction or other matter revealed and if its relevant to the position in question.
- The seriousness of any offence or other matter occurred.
- The length of time since the offence or other matter occurred.
- Whether there is offending behaviour or other relevant matters.
- Whether circumstances have changed since the offending behaviour or the other relevant matter.
- Circumstances surrounding the offence and the explanations offered.
- We will ensure that any people involved in making decisions or recommendations on our behalf following a DBS Disclosure are themselves subject to similar vetting and are trained with full knowledge of all the relevant statutory requirements and codes of practice.
- Each offence or matter occurred should be reviewed as an individual case. We will give the opportunity to offer further discuss details on a Disclosure.
- On receipt of Disclosure Certificates with significant and relevant offences, we will review the position cease the contract of employment should this be necessary.
- Kalma will not generally prohibit a member of staff or a volunteer from working with children, young people or vulnerable adults on the basis of a DBS Disclosure without open discussion about the Certificate with that individual. The exception to this will be if additional information is disclosed by the Police, which we are not enabled to share. In these circumstances we have the right to follow internal disciplinary procedures and if necessary to suspend that person from their work until such time as the issue of additional information has been resolved.
- Kalma will the franchisee/licensee/employee following DBS Disclosure Applications that indicate significant or relevant information. We reserve the right to hold their decision on a case file as a recruitment decision. Should they wish to continue the process/application Kalma retains the right to hold investigations as we see fit and that are reasonable to do. This will be in line with disciplinary procedures.
- DBS Disclosures are mandatory for both existing franchisees/licensees/employees and volunteers and new ones. They must be renewed every two year and a copy must be sent and held at Head Office. We will ensure that the DBS Code of Practice is available to all staff and volunteers.
Procedure
- New franchisee/licensees/employees and volunteers will be asked to complete a DBS Disclosure Application at the time of training.
- A valid photographic I.D such as a valid photo identity card (EU countries only), passport, driving licence, or original birth certificate along with proof of address. These can be in the form of bank or utility bills but need to be within the last 6 month. The DBS application is completed online and processed. Please refer to DBS Guidance online if none of above available.
- On return of the DBS Disclosure, if the volunteer / staff member has no criminal history listed, the form will be held securely on file for a maximum of 6 months, in line with the company’s Data Protection Policy and the Data Protection Act 1998.If a DBS Disclosure returned lists criminal history then our policy statement will be followed. The final decision based on the evidence presented in relation to the Criminal Record Disclosure Certificate will be at the discretion of the Kalma .
- A copy of the Disclosure Certificate will be kept securely on file at Head Office.
Safeguarding
Safeguarding children is a prime responsibility of everyone in Kalma none more so than our franchisees/employees/licensees. It’s imperative that you research your local route to social services and how to report your concerns to the local authority.
- All Children deserve the opportunity to achieve their full potential
- All Children have the right to be safeguarded from harm and exploitation whatever their:
- Race, religion, first language or ethnicity
- Gender or sexuality
- Age
- Health or Disability
- Location or Placement
- Any criminal behavior
- Political or immigration status
- Responsibility for protection of children must be shared because children are known to be safeguarded only when all relevant agencies and individuals accept responsibility and co-operate with one another
- Statements about or allegations of abuse or neglect made by children must always be taken seriously.
Any suspected abuse should be reported to the Manager in Charge of the setting or if no Manager is present it should be reported to Social Services. If you are a Kalma member you should inform Head Office of any reported incidents. Any verbal reports should be backed up in writing/email within 48 hours.
Referral to Social Services Care-When to refer
This procedure should be followed by all agencies and professionals when they are concerned that a child may be suffering or at risk of suffering, significant harm through abuse or neglect. Any professional who has concerns about the welfare of a child should always refer her/his concerns to social care services in the Directorate of Children, Young People and Families. This applies to children living away from home as well as those living with their parents. It applies whether the concern relates to the actions of the child’s parents, relatives, carers or others. It also applies when there are concerns about the welfare of an unborn child.
Discussing and recording concerns
If you have concerns about the welfare of a child, there should always be an opportunity to discuss then with colleagues, managers, a designated or named professional or other agencies – but:
- Never delay action which is necessary for the immediate safety of a child
- Always record the reasons for you concern in writing
- At the close of any discussion always reach clear and explicit agreement about who will take what action or that no action will be taken
- Whether or not further action is taken, always record in writing:
- Any discussions about the child’s welfare and
- Any agreements about possible action
Making the referral
If you remain concerned that a child may be suffering or may be at risk of suffering significant harm, report your concerns to social care services. Do this on the same working day. Outside of office hours you should contact the Out of Hours Duty Team. If you have made a telephone referral to social care services you should confirm in writing within 24 hours, giving full information about the child and household and the reasons for your concerns. When you make the referral you should state clearly the name, address and physical description of the child about whom you are concerned and the reasons for your concerns. If there is any uncertainty about the identity of the child, you should draw attention to this. When you contact social care services, you should state clearly:
- What you are concerned about
- Whether your concerns relate to the maltreatment of a child
- How and why your concerns have arisen
- Any relevant information you hold relating to the needs of the child and family and whether you feel
- that urgent action may be necessary to protect the child from harm (information was extracted from
- the link below http://southtynesidescb.proceduresonline.com/chapters/p_referrals.html)
Disability discrimination act 1995 policy
Kalma treats all children fairly and those that are disabled we must make reasonable adjustments to suit. As teachers we must ensure that venues have reasonable disabled access in and out and rooms have adequate spaces, particularly when teaching older children. In classes you must ensure you have all information prior regarding the child’s disability to ensure provisions are put into place. In all cases parents must seek medical advice before starting if they are unsure of anything. Early years providers have a duty not to discriminate against disabled children in both education and day care provision. They must not treat disabled less favourably and must make reasonable adjustments to avoid putting disabled children at a substantial disadvantage compared to children who are not disabled. The same policy applies to other adults.
Special educational needs code of practice policy
Kalma has a duty of care teaching to our qualifications and to the level of experience and physical capacity of their children. We do practice adhering in line with guidelines of SEN codes of practice. SEN children or young adults may have physical disabilities, speech and language difficulties, and learning difficulties, sensory impairment (hearing or visual) conditions such as autism, social, emotional and mental health needs, or mixture of the above. Kalma will try to provide a safe, stimulating and supportive learning environment. Should teachers wish to work specifically with children with SEN a Yoga for SEN children must be taken. The SEN code of practice gives guidance about providing for children with special educational needs. All maintained schools, early education settings which receive government funding. Local education authorities, health trusts, social services departments, and the SEN and disability tribunal must, by law, have regard to the SEN code. The regulations in the back of the SEN code are also law and must be followed.
Education act 1996 – part IV policy
This sets out the statutory duties of local education authorities (LEAs), schools and early education settings in receipt of government funding for identifying, assessing and making provision for children’s special education needs. The act also sets out the duties of LEAs in relation to statutory assessments of children’s special educational needs and the making and maintaining of statements of SEN for children with serve and complex needs. The act places a general duty on LEAs to educate children with SEN in mainstream schools where this meets parent’s wishes and is compatible with the efficient education of other children.
‘Kalma recognises that not only are adequate provisions for health and safety a legal requirement they are also essential for a healthy working life. Injuries and illness caused in classes cause pain and suffering not just to our children but to their families also. In order to protect our customers and their children total commitment from our teachers to health and safety in our classes and working with our venues is our utmost priority’. You have a legal duty to pay strict attention to our company health and safety policy and ensure all risk assessments, safety checks and health checks are done in line with our procedures. Details of which are in our procedures section. All teachers must hold a Paediatric first aid certificate and this must be updated in line with first aid requirements.
Safety and security of children/parents/franchisees/employees/licensees in outside centres
Ensure safety by:
- Contact the persons in charge of centre in emergency, via telephone and HQ
- all staff must challenge visitors who are not meant to be in their session
- Push buttons operate on the main entrances to school, Children’ Centre and Nurseries;
- External doors to be kept closed and windows to be secured.
- Rooms containing equipment that may pose a risk to be kept locked
- Visitor visits must be pre-planned and must identify themselves.
- Local Authority and Linked to School Agency Staff
- Parents/Volunteers DBS clearance
- Children given to parents as they are seen, challenge those not named as collector.
- Contractors will only work in facilities when the children are not in the building. ID shown
- Unexpected visitors can not be in sessions on their own without a validated DBS check.
The following documents our Health and Safety procedures in order to ensure our environment we work in are safe and we think smartly. It is your responsibility to ensure that your business complies with all Health and Safety Laws and the policies outlined in this manual. The latest Health and Safety information can be found:
www.businesslink.gov.org and www.hse.gov.uk. Use this guide to work safer and smarter and have an effective delivery of health and safety as a company.
Kalma Codes of Practice
A code of practice is a set of professional or written guidelines agreed on by members of a particular profession or written guidelines issued by an official body or a professional association to its members to help comply with ethical standards. Kalma Teachers and Franchisees must adhere to and follow all policies and procedures outlined in this Operations Manual.
Teamwork
As a Kalma teacher your role will involve working with a wide range of people, from customers to professionals You will need to know and understand the different roles you will play within the Brand and the process of decision making within the brand and your business:
Our team consists of:
- Director
- Trainers
- Admin
- Kalma franchisees/licensees
- Kalma Teachers
Teamwork is essential when working together with people over a long time. To be an effective part of the team you should ensure you’re aware of:
- The organizational structure of the Brand
- Your role and responsibilities within Kalma Limited and within your franchise/franchise area or position of employment
- The roles and responsibilities of other teachers within Kalma
- How to contribute to effective team practice and your business
- How to participate in team meetings CPD days and Training days
- Kalma key policies and procedures including equal opportunities, health and safety, child protection, confidentiality
- Your role and responsibilities in relation to these policies and procedures
Equal Opportunities
Kalma recognises the importance to show sensitivity to the needs of all parents and children inside of their classes. All children and parents need to feel valued and accepted by others especially if they might feel different from the rest of the class as a result of a disability/ learning difficulty or because of their race/culture. As a Kalma Teacher you must have a positive attitude and be able to learn how to maximise all children’s and adults potential but not pushed. Special educational needs should be considered within the context of their overall development – disabilities as part of their physical development and learning difficulties as part of their intellectual development. In addition to this, you will be expected to notice, challenge and report any racist, sexist or derogatory remarks made by anyone associated inside of your classes towards other children or parents.
Health and Safety
Kalma takes Health and Safety as its number one priority, the safety of children, parents its teachers and the safety inside of where we operate and how we do. As a Kalma teacher you must not only know and understand the brands health and safety policy but the policies of the venues you are using including who is responsible for health and safety as well as the procedures for reporting any concerns or problems to the appropriate person. All incidents or accidents inside of classes must be recorded inside of an accident book and records kept by yourself. It is a Kalma teacher’s responsibility to ensure an accident book along with a first aid kid is carried at all times during teaching hours. A risk assessment must be done prior to classes and should be kept up to date termly along with any new risks added as they are found, always ensuring they are reported to the appropriate people and carried with you at all times to venues. An accident book and first aid kit must be carried at all times during business.
In your daily role your duty of care includes:
- The location of safety equipment in different venues
- A risk assessment must be carried out for each venue you teach classes in, or should you hold events/tasters/sessions at any other venue. Risk assessment must be signed monthly by yourself having checked the venue for risks. Risks should be noted and reported to the centres manager. You should always re look at your risk assessments every week to see if there are any changes. A risk assessment must be carried out each term, and kept with you at each venue to note changes on a week to week basis.
- Carry an accident book and first aid kit ensure they are replenished
- A risk assessment on parents and children and their specific needs EG/disability or health need. Assess the risk of injury to themselves and the factors of the environment that could do so.
- A register must always be taken each session in case of evacuation
- The position of fire exits, extinguishers, blanket, your first-aid boxes, your role during fire drills, what to do in case of fire or other emergencies and escape routes and meeting points. Your parents should be made aware of these if they are new to the venue, it should be noted new parents should be informed on starting also
- It is your responsibility to ensure all equipment used is safe and conforms to the EC standards, hygienic and usable. Ensure they are age appropriate and are set from the brand. Any damaged broken or unsafe equipment must be replaced immediately. All mats, cushions and equipment cleaned and disinfected on a regular basis termly or if poorly children have attended
- Ensuring you are aware of all health/disability issues of parents and children in your classes and these have been noted on health forms
- You should only practice skills of that which you have been trained in, are competent and are qualified in. Kalma lesson plans should be followed always with cautions and benefits given to parents. You should always stay updated in these skills and areas of expertise if you are unsure of any practice ALWAYS seek help
- Kalma teachers should practice within legal boundaries
Child Protection
All Kalma teachers are vetted before acquiring training and becoming a brand member. It is company policy for all Kalma teachers to be able to pass or already hold a fully enhanced DBS and a certificate level two safeguarding. It is imperative that all Kalma teacher’s that have contact with children on a day to day basis have an essential role to play in detecting indicators of possible abuse and neglect such as:
- Outward signs of physical abuse
- Uncharacteristic behavior patterns
- Failure to develop in the expected ways
If you have concerns that a child in your classes may be experiencing possible abuse or neglect then you must report these concerns to the appropriate agency, usually the social services department. You will need to be aware of possible signs of abuse, neglect and bullying, who you should report your concerns to, the brands child protection policy and procedures.
Our main aims in this are to:
- Establish safe and healthy environments for children
- Ensure we practice safe recruitment in checking suitability of licensees/franchisees/employees
- Raise awareness of safeguarding issues and understanding of procedures
- Develop and implement procedures for reporting and identify cases of suspected cases of abuse
- Support those who have been abused in accordance with the agreed safe guarding policy and recognising the person is potentially at risk and that their safety is paramount
First Aid
Kalma teachers must hold a paediatric first aid certificate as a brand policy. They must use their best efforts to maintain the safety and welfare of parents and children and these actions should be in line with that of a responsible parent especially in emergencies. There is no legal obligation to give first aid but a Kalma teacher can volunteer to take on first aid responsibilities and must receive the relevant training to undertake these duties correctly.
You should familiarise yourself with the first aid arrangements that apply in your venues including the location of any additional first aid equipment and facilities. If a child does need attention, you should not personally administer first aid unless you are trained to do so.
Insurance and Music License
Franchisees and licensees are expected to have a valid music franchise which is expected to be kept renewed each year. The same is said for Insurance which must have 5 million public liability. These are both at their own cost.
Kalma teachers/franchisees/licensees must:
- Use props that are age appropriate depending on the age of the class
- Ensure completion of disclaimers, photo permission and registers before class delivery.
- Any old or worn equipment should be replaced immediately
- All equipment should be laundered or disinfected on a regular basis – termly or if a poorly child has attended etc
- All equipment should be safe and conform to EC standards
- Practitioners should hold their own personal indemnity insurance
- All practitioners must hold the appropriate level of insurance cover for the setting in which they wish to work.
- Obtain written permission for any photographs being taken of adults, children or babies ensure all register information is correct/contact details – disclaimers, health info etc
- Complete risk assessments on all venues to be used and keep upto date
- Have an up to date safeguarding training to level 2
- Hold a up to date first aid certificate
- Hold a up to date enhanced DBS
- Follow the dress code: wear smart, clean, presentable clothing with a name badge.
- Act in a professional manner in and out of the work place.
- Act appropriately within any setting in which you teach.
- Whilst conducting classes be in Kalma uniform at all times
- Only practice skills of which they are qualified and competent – follow the plans given
- Stay updated within their skill area and when unsure of any practice they should seek help.
- Practice within legal boundaries
- Stay within the guidelines set out by the government for the child to teacher ratio. A first aid kit and accident book are carried to each session, both are replenished and replaced
- All suppliers and accounts are paid on time and kept upto date along with giving the franchisees/licensees address details
- Compliance visits will be carried out twice a year franchisees/licensees must be available for these visits
- Respect their customers’ needs and the needs of their child.
- Be discreet and take into account customers emotional, social and physical limitations
- Treat everyone equally regardless of gender, age, ethnic origin, religious belief, disability, marital status, sexual orientation, or any other individual characteristic which may be unfairly affect a person’s opportunities in life.
- Adhere to policy and procedures, templates and contracts set out by Kalma
SEN
Special Educational Needs Meaning of it?
The 1996 Education Act defines a child as having Special Educational Needs “if they have a learning difficulty which calls for special educational provision to be made for them”. Children have a learning difficulty if they:
- have a significantly greater difficulty in learning than the majority of children of the same age
- have a disability which prevents or hinders them from making use of educational facilities of a kind generally provided for children of the same age
Codes of practice- See Policies and Health Considerations for guidelines. Kalma adheres to
SEN guidelines set by the department of Education.
EYFS
Early Years Foundation Stage meaning of it?
The Early Years Foundation Stage (EYFS) is the statutory framework that sets the standards that all Early Years providers must meet to ensure that children learn and develop well and are kept healthy and safe. It promotes teaching and learning to ensure children are ready for school and gives children the broad range of knowledge and skills that provide the right foundation for good future progress through school and life.
Codes of practice? Kalma uses various methods to incorporate Early Years into all of its classes. Using language such as counting and singing, using sensory props to ensure stimulation of senses are developed, using Yoga inspired stretches to ensure health development and playing music. We ensure our children are kept safe and healthy at all times, and learn a broad range of skills every session which will help them develop. Kalma teachers should keep up to date with EYFS framework set out by the government and by following lesson plans this ensures all sessions have EYFS firmly rooted. A yearly CPD will include EYFS and ideas used in sessions encouraged so that we maintain EYFS as a standard.
EYFS/SEN Inclusion
The three main areas for learning and development are:
- Communication and language
- Physical development
- Personal, social and emotional development
And four specific areas that support should be given are:
- Literacy
- Mathematics
- Understanding of the world
- Expressive arts and design
Kalma confidently meets all the target areas ensuring this is revised yearly. The Early Years Foundation Sage Framework 2014 can be found at www.gov.uk/government/publications/early-years-foundation-stage-framework–2. The Special Educational Needs code of practice and regulations can be found at www.gov.uk/government/consultations/special-educational-needs-sen-code-of-practice-and-regulations
Dealing with Problems
If you carry out your classes in the manner that we have taught you then problems and issues will be minimised. In the event that any problems do occur then respond promptly to the parent and seek a timely resolution.
Some of the most common problems you may encounter are:
- Issuing refunds in sickness. We have a no refund policy in this case but you can always roll on sessions or use your initiative giving a refund.
- Health problems, often you get preterm babies and Parents are wary of germs etc always reassure them of cleanliness in classes and you can always suggest at start of term politely reminding parents to be vigilant of sickness in classes.
If any issues occur where you need further assistance ring Head Office immediately.