Mutually agreed restrictions
Understand the purpose of mutually agreed restrictions and how to put them in place
Introduction
This guidance is to support Lead Volunteers (except Group Lead Volunteers) to ensure that the suspension process is only used when absolutely necessary and provide an alternative for Lead Volunteers to use when a suspension may not be appropriate.
Mutually agreed restrictions should not be used in safeguarding cases.
The purpose of mutually agreed restrictions
Suspending an individual is a neutral act and is intended to protect the movement and all the individuals concerned.
It allows time and space for any necessary investigation or enquiry to take place, in as fair and objective manner as possible. It prevents situations that could give rise to further concerns or allegations and could potentially cause further compromise.
Suspension should only be used when absolutely necessary and when all other options have been explored first. When thinking about using a suspension, it’s important to consider the impact on the person who is being suspended and how it may affect their mental health and wellbeing, along with all those involved.
It’s not always necessary for an individual to be suspended for an investigation to take place or an issue to be resolved. The first consideration should be: Do you need to suspend the individual? The next is to think about using mutually agreed restrictions that will allow a individual to continue certain aspects of Scouts while an investigation takes place, or an issue is resolved. However, in some circumstances there will be no choice but to suspend a individual.
Putting mutually agreed restrictions in place
Mutually agreed restrictions are agreed by the relevant Lead Volunteer (except Group Lead Volunteers) and the individual. They're approved by the next Lead Volunteer. For example, a District Lead Volunteer may agree a Mutually Agreed Restriction with a Section Team Member, this would be approved by the County Lead Volunteer.
When considering to suspend a individual (in discussion with your Lead Volunteer) you may decide that they only need restricted involvement in certain Scouts activities. For example, if a Beavers Team Member has had a dispute with another Team Member, for over 30 days you may only need that individual not to attend Beaver meetings while the issue is investigated, but they can continue doing other tasks they’re responsible for.
The way that mutually agreed restrictions can be put in place is to meet with the individual involved, agree with them what restrictions need to be put in place and for what period (maximum of four weeks). The individual must agree with these restrictions, but you may need to reiterate that, if suitable restrictions cannot be agreed, there may be no other option but to suspend the individual.
You need to make sure that your Lead Volunteer has agreed to using mutually agreed restrictions instead of suspension as the most appropriate course of action. The restrictions should be documented in a letter or email to the individual stating what the restrictions are and the period after which they will be reviewed. The communication should also state that, if the restrictions are not adhered to, then a suspension will be put in place. The mutually agreed restrictions are only active once written confirmation has been sent to the individual.
A mutually agreed restriction can only be in place for four weeks at which point it must be decided whether to remove the restrictions, suspend or review their role. At the end of a mutually agreed restrictions period, the individual should be contacted by letter or email to confirm the end of the restrictions and what will happen next.
Use of mutually agreed restrictions
Mutually agreed restrictions should be used if a suspension or cancellation of an appointment is being considered on the grounds set out in POR Chapter 16.7. These restrictions may be used to allow an investigation to take place, for an issue to be resolved or for a individual to complete some learning requirements that have not been completed in the relevant time limits. Mutually Agreed Restrictions must not be used for overdue Safe Scouting learning.
Consideration should be given to how serious an issue is and whether in the first instance the individual should be suspended, or if they should end the individual's role. Lead Volunteers should make this decision in consultation with their Lead Volunteer.
Restrictions that could be put in place may include:
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Not to attend activities or events where young people are present.
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Not to attend activities or events where another volunteer or group of volunteers are present.
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Not to attend a certain meeting place or location.
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Not to contact an individual or group of individuals in relation to Scouts.
Scout Values
As Scouts we are guided by the values of Integrity, Respect, Care, Belief and Co-operation. When using this document these values should be at the forefront of every interaction and decision that is made, and all involved should be regularly referred to them.
Focusing on the values of Respect and Care the wellbeing and mental health of all involved in this process should be considered throughout.
Read more about our values