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Apply suspension or other restrictions

16.7.1 Introduction

16.7.1.1 Scope
POR 16.7 applies to individuals aged 18 or over who work with Scouts in any capacity. This includes, but is not limited to, members 18 or older, helpers and other non members.

POR 16.7 does not apply to individuals who have not yet reached their 18th birthday. Restrictions relating to individuals who have not reached their 18th birthday are addressed in POR 3.6.

16.7.1.2 Purpose 
Scouts is a membership organisation and there may be circumstances in which it is necessary to end a person’s involvement or their membership. This can also apply to helpers and other non-members. The process for ending involvement or membership is set out in POR 16.8, with specific grounds listed in POR 16.8.2.1.

In some cases, it may not be appropriate or necessary to end a role or membership immediately, even where this could be the ultimate outcome.  

POR 16.7 sets out the procedures for restricting a person’s involvement in Scouts. Lead Volunteers may use these restrictions to allow time to address and resolve issues. Restrictions may be applied only for the reasons listed in POR 16.7.4.5.  

Important: 

  1. where a situation falls within POR 16.8.3.1 but is not listed in POR 16.7.4.5, no restrictions other than ending role or membership may be used and the procedures in POR 16.8 must be followed.
  2. these restrictions may only be applied to individuals with a current ‘open’ record on the membership system. For other individuals, POR 16.8 must be used.

16.7.1.3 Available restrictions
There are 3 options:

  1. Suspension
    The suspension of a volunteer’s involvement in Scouts is a neutral act intended to protect all parties involved.  It ensures that any investigation remains as fair as possible by preventing situations where objectivity could be compromised or additional allegations made.
    Suspension applies to all roles held by the volunteer in Scouts, meaning that the individual is suspended from membership of Scouts, not just from one or more specific roles.
    Before considering suspension, priority should be given to using Mutually Agreed Restrictions (see POR 16.7.2).
    Suspension is detailed in POR 16.7.4.
  2. Mutually agreed restrictions
    These offer an alternative to suspension - the use of mutually agreed restrictions helps to ensure that suspensions are only used when absolutely necessary.
    For a mutually agreed restriction, a restriction on a volunteer’s involvement with Scouts is agreed between the volunteer and the relevant Lead Volunteer.  
    Mutually agreed restrictions must not be applied in safeguarding cases.
    Mutually agreed restrictions are detailed in POR 16.7.2.
  3. Safeguarding stay-away
    A volunteer‘s stay-away from Scouts is designed to protect all parties involved. It ensures that any investigation remains as fair as possible by preventing situations where objectivity could be compromised, or further allegations could arise.
    The stay-away process must only be used by the UK Headquarters Safeguarding Team. Safeguarding stay-aways are detailed in POR 16.7.3.

16.7.1.4 Defined terms
POR 16.7 must only be used by Lead Volunteers (excluding Group Lead Volunteers) or by volunteers holding a Suspensions Lead accreditation.   

There are two terms used throughout POR 16.7: 

  1. ‘suspending authority’ is used to refer to either the relevant Lead Volunteer or to a volunteer with a Suspension Lead accreditation where that accreditation has been awarded by the relevant Lead Volunteer 
  2. ‘approver’ is used to refer to either the relevant Lead Volunteer’s Lead Volunteer or to a volunteer with a Suspension Lead accreditation where that accreditation has been awarded by the relevant Lead Volunteer’s Lead Volunteer.

As example, if the suspending authority is a District Lead Volunteer (or a Suspension Lead accredited by the District Lead Volunteer), the approver must be the County Lead Volunteer (or a Suspension Lead accredited by the County Lead Volunteer), 

For each suspension, the suspending authority and the approver must not be the same person and must not have any conflict of interest (such as being related to each other, but other scenarios should be considered also).

Group Lead Volunteers must not be a suspending authority nor an approver.

16.7.1.5 Alternative suspending authorities 
There are two specific situations where alternative suspending authorities apply:  

  1. regarding the UK Chief Volunteer (POR 16.7.4.5) 
  2. in exceptional circumstances the UK Headquarters Safeguarding Team may act as the suspending authority when implementing a period of suspension (see POR 16.7.4.5(b)) and ending a period of suspension (see POR 16.7.5.3). In such circumstances the approver is the relevant Lead Volunteer (excluding Group Lead Volunteers).

16.7.1.6 Incidents involving multiple people 
There may be instances where multiple individuals are under investigation for the same incident. In such cases, the focus must be on ensuring that the process is fair, constructive, and consistent for each person involved. While the process must remain fair, constructive, and consistent, individual outcomes may differ based on the conclusions of the enquiry.

16.7.2 Mutually agreed restrictions

16.7.2.1 Purpose 
See POR 16.7.1.2 and 16.7.1.3(b).

16.7.2.2 Limitation 
Mutually agreed restrictions must not be applied in safeguarding cases. 

16.7.2.3 Implementing a mutually agreed restriction 

  1. The relevant Lead Volunteer must meet with the individual and agree the specific restrictions that will be implemented. These restrictions must not have a duration of more than four weeks. 
  2. The restrictions must be approved by the relevant Lead Volunteer’s own Lead Volunteer (for example, County Lead Volunteer in the case of a District Lead Volunteer) and, to ensure clarity, the individual must receive the restrictions in writing along with a mutually agreed action plan.

16.7.2.4 Ending a period of mutually agreed restriction 
Once the restriction period ends, the relevant Lead Volunteer and their Lead Volunteer (for example County Lead Volunteer in the case of a District Lead Volunteer) must agree to one of these three outcomes: 

  1. remove the restrictions 
  2. suspend the individual (see POR 16.7.4) 
  3. conduct a formal role review (see POR 16.6.3) 

16.7.3 Safeguarding stay-away

16.7.3.1 Purpose 
See POR 16.7.1. 2 and 16.7.1.3(c).

16.7.3.2 When to use stay-away 
Stay-away is used when, at the time of referral to the UK Headquarters Safeguarding Team, a decision regarding suspension cannot be made due to insufficient, disputed, or inconsistent information.

Stay-away must only be used in the following situations: 

  1. when an allegation is made that an individual has acted in a way that could breach the Scouts’ Safeguarding Policy or Safeguarding Code of Conduct for Adults (Yellow Card) 
  2. when a concern is raised about a volunteer that suggests unsuitability for working with youth members or volunteers in Scouts  
  3. where information is received from a statutory agency relating to concerns about a connected person  

16.7.3.3 Stay-away rules 
The UK Headquarters Safeguarding Team must ensure that the individual must stay-away from all Scouts activities for two weeks.  

Additionally, the UK Headquarters Safeguarding Team must: 

  1. consult with the relevant Lead Volunteer before making the decision 
  2. ensure the stay-away is approved by a Safeguarding Manager at UK Headquarters  
  3. provide written terms of the stay-away to the individual 
  4. ask the relevant Lead Volunteer to offer the individual an independent liaison person for support 

16.7.3.4 Ending a stay-away 
Following a stay-away period, the UK Headquarters Safeguarding Team and relevant Lead Volunteer must decide to:

  1. extend the stay-away by an additional two weeks, or 
  2. end the stay-away.  

A stay-away must not exceed a total of four weeks.

16.7.4 Initiating a suspension

16.7.4.1 Purpose 
See POR 16.7.1. 2 and 16.7.1.3(a).

16.7.4.2 Scope of a suspension 
Suspension applies to all roles held by the individual in Scouts, meaning that the individual is suspended from membership of Scouts, not just from one or more specific roles.

16.7.4.3 Initial priority
Before considering suspension, priority should be given to using Mutually Agreed Restrictions (see 16.7.2).

16.7.4.4 Involving HQ Safeguarding team in a decision to suspend
Before considering suspension under reasons POR 16.7.4.5 (a) or (j), the suspending authority must report the concerns and any reportable incidents to the UK Headquarters Safety and Safeguarding Teams in accordance with the Safety and Safeguarding Policies.

16.7.4.5 Reasons for using suspension
Suspension must only be used in the following circumstances:

  1. Serious Criminal Offence
    when an allegation of a serious criminal offence is made against an individual
  2. Statutory agency involved
    when there is involvement of a statutory agency, such as the police, children’s services, a government department, agency, or other public body, resulting in an allegation and an investigation against an individual. Suspensions in such cases must remain in effect until all police enquiries or legal proceedings have concluded and subsequently the UK Headquarters Safeguarding Team has concluded internal investigations and considered suitability to return.
    In such circumstances the UK Headquarters Safeguarding Team is the suspending authority.
  3. Disputes between adults
    when a dispute between adults remains unresolved 30 days after the relevant Lead Volunteer has been informed. Suspension periods in these cases must be less than 90 days, although multiple consecutive suspension periods can occur.
  4. Action(s) resulted in reputational harm
    where the deliberate action or inaction of an individual has caused or could cause significant reputational harm
  5. Gross misconduct
    where the action of an individual may form gross misconduct 
  6. Publicly challenging TSA Policy
    when an individual formally challenges the decisions or policies of a local Scout unit or The Scout Association including through non-Scout bodies or social media, seeking to change or overturn the decision or policy 
  7. Disclosure expired
    If an individual has failed to submit a criminal record check application within 30 days [60 days in Northern Ireland, Scotland, BSO and the Overseas Territories] as required by the POR Chapter 16 Teams Table (POR 16.11.1).  
  8. Safety and Safeguarding learning not complete and in date
  9. No longer accepts principles
    an individual no longer accepts the principles of Scouts
  10. Action(s) which may have resulted in serious harm
    when the actions or inactions of an individual have caused, or could cause, serious harm to a member or a non-member 
  11. First Aid not approved and in date
  12. Growing Roots learning not complete
    an individual fails to complete mandatory learning, as defined in the POR Chapter 16 Teams Table (16.11.1) within the required timeframes
  13. in cases where a Group or an Explorer Unit is suspended, resulting in all adults appointed to that Group or Unit being suspended as though each were individually suspended

Suspension must only be used for reasons in POR 16.7.4.5 (a) to (m) above. In other cases, role or membership ending (POR 16.8) must be used without any preceding period of mutually agreed restriction, safeguarding stay-away, or suspension.

For suspension reasons (g) and (h) above, a period of suspension must not be longer than 60 days. After 60 days, if the learning is not complete, or if the criminal record check application has not been submitted, then the person’s membership must be ended (POR 16.8.3). For suspension reason (g), the suspension must continue until the outcome of the criminal record check is known.

16.7.4.6 Mandatory procedure to suspend
A suspension must be initiated by the relevant suspending authority and approved by the relevant approver.  

For the UK Chief Volunteer, the Chair of Trustees is the suspending authority and the Board of Trustees serves as the approver. 

16.7.4.7 Restrictions on a suspended person 
Suspended individuals must not: 

  1. participate in any activities related to Scouts 
  2. influence any Scout unit’s operations through any form of communication 
  3. contact youth members of Scouts 
  4. enter any premises or locations used by Scouts or where Scouts’ activities are held, unless given explicit permission by the suspending authority 
  5. wear any Scouts’ uniform, badges, or emblems  

16.7.4.8 Trustee responsibilities during suspension 
Any Trustee responsibilities held by the suspended individual are automatically terminated from the start of the suspension period. If the role is reinstated as part of POR 16.7.5.2, Trustee responsibilities resume at that point.

16.7.4.9 Failure to observe terms of suspension 
If the suspended individual fails to observe the terms of their suspension under POR 16.7.4.7 and POR 16.7.4.11, the relevant Lead Volunteer and their Lead Volunteer should agree to end the individual’s role(s) (POR 16.8).

16.7.4.10 Obligations for suspension

  1. The suspending authority must ensure the following:
    1. The suspended individual is notified of the suspension in writing
    2. The suspended individual is given the notes for a person under suspension
    3. An independent supporter is offered to the suspended individual as a liaison person. This person must be given the supporting a person under suspension resources.
    4. The detail of POR 16.8.4.1 is followed in a manner that is proportionate and appropriate to the nature of the suspension. For example, the requirements for suspension for a serious safeguarding issue will have different requirements to a suspension whilst completing mandatory learning. The discretion is applied by the Lead Volunteer, with advice from the UK Headquarters Safeguarding team where appropriate.
    5. The suspended individual’s access to Scouts-administered online resources is immediately removed. This includes, but is not limited to, email accounts, social media, websites, cloud file shares, or other online line systems such as Online Scout Manager. However, they must retain sufficient access to systems to be able to address the reason for the suspension if applicable (for example, completing their learning obligations).
  2. The suspension must be recorded on the membership system, which will notify the following people:
    1. the UK Headquarters Safeguarding Team 
    2. the Team Leader(s) of any team(s) to which the suspended individual belongs, except for Section Team Leaders 
    3. Lead Volunteer(s) responsible for managing the suspended individual 

16.7.4.11 Where a suspended person is a parent of youth members
If the suspended individual is also the parent of a youth member, the suspending authority and the approver may act together to modify the list of prohibited activities in POR 16.7.4.7. These modifications may change during the suspension period.  

The suspended individual must receive written communication outlining the updated list of permitted behaviours.  

Modifications must:

  1. follow the guidance of the UK Headquarters Safeguarding Team for safeguarding cases
  2. be minimised, allowing only necessary actions (for example dropping off and picking up the child, or attending award presentations)
  3. not compromise the safety of youth members
  4. not allow the suspended individual to engage in regulated activity,

16.7.5 End a period of suspension 

16.7.5.1 Automatic ending of a suspension 
For suspension reasons POR 16.7.4.5 (g) or (h), suspension of the member is automatically lifted by the membership system when the required satisfactory criminal record check or mandatory learning is completed and recorded in the membership system. If a volunteer is also suspended for a different reason this must also be recorded on the membership system and the suspension will remain in place. 

16.7.5.2 Non-automatic ending of a suspension 
At the end of a suspension period, if the suspension has not been automatically lifted under POR 16.7.5.1, the suspending authority must recommend to the approver one of the following outcomes: 

  1. Reinstatement of the role(s)  
  2. End the role(s) (POR 16.8) 

The approver’s decision is final including in cases where there is disagreement with the suspending authority’s recommendation.  

The suspending authority must ensure that the suspended person is informed of the outcome in writing, and the outcome is recorded on the membership system.  

There is no right of appeal against the approver’s decision. 

16.7.5.3 UK Headquarters Safeguarding Team role at the end of a suspension
At the end of a period of suspension, UK Headquarters Safeguarding Team may recommend ending the volunteer’s role(s). In this case, the UK Headquarters Safeguarding Team is the suspending authority (as defined in POR 16.7.1.5) and the approver is the relevant Lead Volunteer.

Where the outcome is ending of one or more of the volunteer’s role(s) from Scouts, POR 16.8.3 and POR 16.8.4 must be followed.

16.7.5.4 UK Headquarters Safeguarding Team may recommend permanent exclusion from membership
At the end of a suspension, UK Headquarters Safeguarding Team may recommend the permanent ending of, and permanent exclusion from, membership of the volunteer from Scouts (POR 16.11.3 Safeguarding and Vetting Decision Guidance). In this case, UK Headquarters Safeguarding Team is the suspending authority (as defined in POR 16.7.1.4) and the approver is a Chief Volunteer.

Where the outcome is permanent ending of, and permanent exclusion from, membership of the volunteer from Scouts, POR 16.8.4 and POR 16.8.5 must be followed.

16.7.5.5 Ending a long-standing suspension
UK Headquarters Safeguarding Team may end membership for an individual who has been suspended for 18 months or more, typically due to them being under investigation by a statutory agency. 

Where the outcome is ending of membership, POR 16.8.4 must be followed and there is no right of appeal against the approver’s decision if it is due to an ongoing statutory investigation.

In any other circumstances there is a right of appeal as set out in POR 16.7.5.6.

16.7.5.6 Appealing an outcome determined by UK Headquarters Safeguarding Team
If an individual disagrees with the outcome under POR 16.7.5.3, POR 16.7.5.5 or POR 16.8.3.7 they must raise their disagreement with the Head of Governance at UK Headquarters within 14 days.  

Such an appeal will be allowed only on either of these two grounds: 

  1. where there is new information available that was not considered 
  2. a required process was not followed that could have altered the decision to end membership.  

Grounds to appeal the decision must be considered by the UK Headquarters’ Head of Governance, the Head of Legal Services and the Chief Volunteering Officer (with a quorum of two).  

The Head of Governance at UK Headquarters will determine whether the appeal meets these criteria.  If it does, Head of Safeguarding at UK Headquarters will review it together with the UK Chief Volunteer’s nominee.

The Head of Governance at UK Headquarters must ensure that the individual receives a written, final outcome. There is no further right to complain or appeal after this appeal process is completed. 

16.7.5.7 Appealing a permanent ending of, or permanent exclusion from, membership determined by UK Headquarters Safeguarding Team
If an individual disagrees with the outcome under POR 16.7.5.4, they must raise their disagreement with the Head of Governance at UK Headquarters within 14 days.  

Such an appeal against exclusion decisions will be allowed only on either of these two grounds:  

  1. where there is new information available that was not considered 
  2. a required process was not followed that could have altered the decision to end membership.  

Grounds to appeal the decision must be considered by the UK Headquarters’ Head of Governance, the Head of Legal Services and the Chief Volunteering Officer (with a quorum of two).   

The Head of Governance at UK Headquarters will determine whether the appeal meets these criteria. If it does, a panel including the Chair of the Safeguarding Committee, the UK Chief Volunteer’s nominee, and a member of the UK Headquarters’ Executive Leadership Team will review the case. 

The Head of Governance at UK Headquarters must ensure that the individual receives a written, final outcome. There is no further right to complain or appeal after this appeal process is completed. 

16.7.6 Obligations following the suspension of a person

These obligations apply to any individual whose membership is suspended.

16.7.6.1 Proportionate obligations during suspension
Where membership is suspended under POR 16.7.4, the detail of POR 16.8.5.1 must be followed, though in a manner that is proportionate and appropriate to the nature of the suspension.

For example, the requirements for suspension for a serious safeguarding issue will have different requirements to a suspension whilst completing mandatory learning. 

The discretion is applied by the Lead Volunteer, with advice from the UK Headquarters Safeguarding team where appropriate. 

16.7.6.2 Access to Scouts-administered systems during suspension  
Access to Scouts-administered online resources must also be immediately suspended. This includes, but is not limited to, email accounts, social media, websites, cloud file shares or other online line systems such as Online Scout Manager. 

However, the suspended adult must retain sufficient access to systems to be able to address the reason for the suspension if applicable (for example completing their learning obligations).