St Helens Council Education Welfare Service. Information for Schools on Child Entertainment

Transcription

1 St Helens Council Education Welfare Service Information for s on Child Entertainment January

2 Contents Page Information from National Network for Children in Employment and Entertainment (NNCEE) website 3 Information from Child Performance 1968 Legislation 6 Letter template- invite to discuss impact on Education 8 Form template-minutes of meeting 9 Letter template - invite to school meeting to discuss impact on Education 10 Form template-minutes of review meeting 11 2

3 Information for s on Child Entertainment Introduction The Information in this document is intended to provide St Helens schools with the correct guidance information regarding Child Entertainment. The document was created with consultation from St Helens Primary Headteachers and with the Support of Grange Valley Primary St Helens Education Welfare Service are responsible for issuing all Child Entertainment licences, Child Employment documents and Chaperone and Matron licences for children residing within the St Helens borough. Information on all of the above is available from the Education Welfare Office, contact The following information has been provided by the National Network for Children in Employment and Entertainment website of which St Helens Council Education Welfare Service is a member NNCEE Guidance October 1968 the Home Secretary made an order bringing Part II of the Children & Young Person Act 1963 into force. This brought into effect the Children (Performance) Regulations The '63 Act and '68 Regulations constitute a comprehensive code governing the circumstances in which all children under compulsory school leaving age (see compulsory school age table) (Education Act & amendments) may take part in performances of all kinds, and containing safeguards for the children. As time has progressed amendments and statutory instruments have been added to the '68 Regulations. It is important, therefore, when referring to the main legislation that you also take into account such updates (normally listed as statutory instruments), which are listed at the bottom of the page, and also occasionally browse the website for any further applicable updates. TERMS LA refers to the Local Authority (the authority who issues a child performance licences and approves (licenses) chaperones (matrons). Each LA has a statutory responsibility to issue Child Performance Licenses for children who live in their area. LA refers to the Local Authority (the authority who inspects a place of performance). Each LA has the responsibility to inspect any premises in their local authority area where children are/may be performing. Licence Applicant is also the Licence Holder. This person is legally responsible for the child and ensuring that all relevant parts of the Acts and Regulations are followed. The word Matron is used within the legislation. Nowadays matrons are generally referred to as Chaperones. They are one of the same. Broadcast Performances cover: films, TV, Video - all performances which will be broadcast. Non-Broadcast Performances cover: theatre, modelling, sport (activities), which is not broadcast. Note: modelling for adverts/commercials would be broadcast but stills modelling would fall into non-broadcast performances. A BRIEF GUIDE TO THE REGULATIONS If a child under compulsory school leaving age performs in either: Theatre - where a charge is made: Modelling & Sport - where the child or any other person is paid (this is not an admission charge but a 'wage'), or in licensed premises a Child Performance Licence must be obtained. 3

4 Exemptions where a licence is not required - Regulation 37(3)(a). If, in the 6 months preceding a performance the child has not exceeded the 3 day unlicensed exemption period. If they do not require time off school (paid or unpaid) Or the performance is under arrangements made with school or a Body of Person IF no payment is made to the child or any other person, except defraying expenses, a licence is not required. LA s would generally require a child to be licensed if absence from school is required for any performance irrespective of the above. Check with your LA. Note: broadcast and recorded performances. Although a child may be exempt from requiring a licence if the above requirements are met the regulations do require the licence holder to adhere to certain parts of the Regulations i.e. the times at the place of performance and the hours they are allowed to perform (Reg S.36 to S.40). Contact your local LA for details. LICENSING There are several variations within the Regulations between Broadcast and non-broadcast performances, for example: performance hours are different for broadcast and nonbroadcast performances. Examples: medical certificates are required for all broadcast and recorded performances but may not be necessary for non-broadcast performance i.e. depends upon how many consecutive dates a child performs in the theatre. Performance. The Licence Applicant is the person responsible for the production in which the child is to take part. This does not include the proprietor of a drama or dancing school or other person (such as an agent) who provides children for a production, but does not himself present it. 'Person' includes a body corporate; if the applicant is a body corporate a person normally responsible for conducting this part of the corporation's business may sign the application form. The holder of the licence is the person who is responsible for observing the restrictions and conditions subject to which the licence is granted. Sport, Activity, Modelling. The Licence Applicant is the person responsible for the organisation of the sporting event or, as the case be, the person who proposes to engage the child as a model. The Licence Applicant is required to complete Part I of the licence application form and the parent must complete Part II detailing such areas as: place and date of performance, chaperone/tutor details, child's details and so forth in order to obtain a Licence. See example of a Licence Application Form. Note: LA s may accept other LA application forms but you need to check this. What is important is that ALL the required information is present in order for the LA to process an application. The LA may refuse to issue a licence if the performance is believed to be detrimental to the: health, care and/or education of the child (1968 Act Section 39(6)). The LA may acquire additional information from the applicant before a licence is issued and in some cases the LA may include certain proviso's or refuse a licence altogether. The LA may also revoke previously issued licenses (licenses which are currently running) if there are concerns about the welfare of the particular child named in the application. LA s have a great deal of discretion within this legislation as they have a duty to 'check out' any areas of concern in order to confirm that the performance will not have a detrimental effect on the child in question. These concerns may not be obvious to the applicant i.e. educational concerns, child protection concerns etc. and this is normally the main reason why all LA s require a reasonable length of time to process licenses and why they may appear to be 'inconsistent' in their approach to the legislation. Open Licenses. Not named as such within the legislation but an expression used referring to a licence with particular exceptions. Note: There is much discussion across LA s on the interpretation of such licenses. It is therefore imperative that applicants contact the child's LA to establish whether they issue such licenses in the first instance and if they do, what their procedures are. 4

5 Note: Licence applicants have a right of appeal (other than to a condition the local authority are required by the Regulations to impose) to a magistrate's court against refusal, variation or revocation of a licence (1968 Act Section 39(6) The Licence Holder (applicant) is obliged to hold individual licences for each child in their care, at the place of performance (it is not adequate to hold these documents at the applicant or agent's office during a performance, which is at a different location from the performance). An inspecting LA Officer will wish to check each child's Licence together with their record sheet which should detail such things as:- arrival/departure/tutoring and performing times throughout a production for which the Licence was issued. Inspectors may also want to talk to the children, chaperones, parents and applicant. They may, if it is felt appropriate, make enquiries regarding health and safety and risk assessments, especially where dangerous performances, under the regulations, are taking place. CHILDREN PERFORMING ABROAD & CHILDREN PERFORMING IN THE U.K. FROM ABROAD UK children performing abroad are required to obtain a licence from their local Magistrates Court (Westminster Magistrates Court is often used by London & Home Counties). Practices differ depending on which part of the country the child lives. Contact your LA of the Magistrates Courts for specific details on applying for a licence for a UK child performing abroad. Children performing in the UK from abroad are required to be licensed in the UK and follow UK legislation i.e. hours of work etc. The procedures are the same as for a UK child. The LA in whose area the applicant has his/her main residence; the applicant s head office or the LA in whose area the child is performing or living during his/her stay in this country can license the child. This would also apply to children in UK boarding schools. UK Border Agency - There is a new system for Temporary Workers in sport and entertainment. They classify under Tier 5. The production company are responsible for ensuring that these new directives are implemented for anyone (including children) entering the UK to work in this field. It is up to the Production Company to ensure UK Boarder procedures are fully met, not the LA. It is out of their area of jurisdiction. NIGHTWORK Night work only applies to broadcast performances NOT non-broadcast performances. Night work is not an automatic right within the legislation. Night work is totally at the discretion of an LA who will take into account the circumstances as to why Night work is required, the age of the child and so forth. Night work is only applicable when a child has to be outside in darkness or at sunset/sunrise due to the nature of the performance. Night work cannot be authorised for work indoors because of - entrance to location not available until after a child's permitted working hours or to fit in with production schedules, for example. There are exceptions for TV and Film broadcasts only for children aged 13 and above. See broadcast table attachment. PENALTIES It is an offence for any person causing or procuring any child or, if his parent or guardian, allowing him/her to take part in any performance in contravention of the licensing system. 5

6 Information for s on Child Entertainment The information has been obtained from the Children (Performances) Regulations (Regulation 10) Education (1) The licensing authority shall not grant a licence unless they are satisfied that the child's education will not suffer by reason of taking part in the performances for which the licence is requested and have approved the arrangements (if any) for the education of the child during the currency of the licence. (2) The holder of the licence shall ensure that the arrangements for the child's education during the currency of the licence, approved by the licensing authority, are carried out. (3) The licensing authority shall not approve any arrangements for the education of a child by a private teacher unless they are satisfied that (a) The course of study proposed for the child is satisfactory; (b) The said course of study will be taught by the private teacher; (c) The private teacher is a suitable person to teach the child in question; and (d) The private teacher will not teach more than five other children at the same time, or, if the other children being taught at the same time have reached a similar standard in the subject to the child in question, eleven. (4) (a) The licensing authority shall not approve any arrangements for the education of a child by a private teacher unless they are satisfied that the child will, during the currency of the licence, receive education for periods which, when aggregated, total not less than three hours on each day on which the child would be required to attend school if he were a pupil attending a school maintained by the local authority (or, in Scotland, a public school). (b) The requirements of sub-paragraph (a) of this paragraph shall be deemed to be satisfied if, in a case to which this sub-paragraph applies, the licensing authority is satisfied that the child will receive education (i) For not less than six hours a week, (ii) During each complete period of four weeks on location, or, if there is a period on location of less than four weeks, during that period, for periods not less than the aggregate periods of education required by sub-paragraph (a) of this paragraph in respect of the period on location, (iii) On days other than days on which the child would not be required to attend school if he were a pupil attending a school maintained by the local authority (or, in Scotland, a public school), and (iv) For not more than five hours on any such day. (c) Sub-paragraph (b) of this paragraph applies (i) If the performances to which the licence relates are to be recorded (by whatever means) with a view to their use in a broadcast or in a film intended for public exhibition, (ii) To any period of recording on location exceeding one week. (d) In calculating any period of education for the purposes of this paragraph there shall be disregarded (i) Any period which takes place, in the case of a child taking part in a performance to be recorded (by whatever means) with a view to its use in a broadcast or film intended for public exhibition, other than during the hours when he is permitted to be present at a place of performance or rehearsal under Regulations 27 to 29 of these Regulations, or, in any other case, which takes place other than between the hours of nine in the morning and four in the afternoon. (ii) Any period which is less than thirty minutes. 6

7 (e) In this paragraph the expression on location means at a place, which is one mile or more from any film or broadcasting studio (including any land adjacent to the studio and occupied and used in connection with it). (5) Any licence under which a child is to be taught by a private teacher shall be subject to the condition that the local authority approve the schoolroom or other place where the child is to receive education, and the local authority may give their approval subject to such conditions as they consider necessary to ensure that the place is suitable for the child's education. 7

8 Parents or Guardians of (Child s name) (Address) Date: Re: Licence for (type of licence) Dear (parents or guardians) You have been invited to attend a meeting to discuss the impact of your child s involvement in performances on his/her education. Whist the law states that schools should be sympathetic to absence for children in performances; this is now affecting your child s right to an education. During this meeting we will be discussing: - Attendance Attainment Behaviour Other The meeting has been arranged for (date) at (time) in school. On arrival please report to reception and ask for (name). If you are unable to attend the meeting, please could you inform the school to rearrange at your convenience? Yours sincerely Name (Role) Child Performances Meeting Minutes Impact on Education 8

9 Child s Name D.O.B Meeting Date Time Venue Present Parent (1) Parent (2) EWO Child Performance History (Include Hours) Issues Discussed Attendance Behaviour Attainment Other Parents Views Outcome Signatures Date Parent EWO *Attendance review sheet to be attached. Parents or Guardians of 9

10 (Child s name) (Address) Date: Re: Review of Child Licence Dear (parents or guardians) With reference to your child s involvement in performances your 12-month review meeting has now be arranged. During this meeting we will be discussing: - Attendance Attainment Behaviour Other The meeting has been arranged for (date) at (time) in school. On arrival please report to reception and ask for (name). If you are unable to attend the meeting, please could you inform the school to rearrange at your convenience? Yours sincerely Name (Role) Child Performances Review Meeting Minutes Impact on Education 10

11 Child s Name D.O.B Meeting Date Time Venue Present Parent (1) Parent (2) EWO Child Performance History (Include Hours) Issues Discussed Attendance Behaviour Attainment Other Parents Views Outcome Signatures Date Parent EWO *Attendance review sheet to be attached. 11