The Local Authority has discretion to issue a BOPA to any organisation responsible for putting on performances.
What is a BOPA?
The Local Authority has discretion to issue a BOPA to any organisation responsible for putting on performances. The granting of BOPA to an organisation replaces the need to apply for individual licenses from each child’s home local authority during the period of approval – as long as the BOPA criteria and conditions continue to be fulfilled. A BOPA can be revoked if the organisation fails to meet the agreed conditions
A BOPA does not authorise absence from school for any children involved in performances.
It is essential to understand that a BOPA is not a means to ‘getting round’ the requirements of a performance licence. Whilst a BOPA does reduce some of the administrative requirements, the same principles apply in terms of safeguarding the child and ensuring there is proper provision to secure health and kind treatment. BOPA’s issued by Gloucestershire County Council clearly set out the conditions which are a requirement. There must be no reduction in safeguarding arrangements and unannounced site inspections will be carried out to ensure the conditions of the BOPA are being met.
Who can apply for a BOPA?
The organisation who has responsibility for putting on the performance, and for ensuring the safety and wellbeing of the children taking part must make the application. This can be type of organisation, as long as no payment (other than expenses) is made for the child/children to take part.
Licensing officers will require evidence and assurance that the organisation has clear, robust and well-embedded policies for safeguarding children.
Applicants will:
- normally have complied with the licensing provisions for a 2 year period or have conducted two properly licensed performances involving children. Evidence of this must be available including evidence of site visits.
- satisfy all the legislative requirements that would normally apply to an individual licence
- have a designated child protection/safeguarding officer
- have a regularly updated (every 12 months) child protection policy together with details of how this is communicated and followed.
- have evidence of any child protection/safeguarding training provided
- have procedures for checking the suitability of persons who will have responsibility for children
- provide additional information as requested including child protection policy, risk assessments, schedule of events.
How to apply for a BOPA?
Applications for a BOPA must be made in advance of any performances. The process for approval for a BOPA takes a minimum of 4 weeks but may take longer dependent of individual organisations circumstances
Organisations wishing to apply for a BOPA should contact the Education Inclusion Service at Childemployment@gloucestershire.gov.uk to discuss their request with a licensing officer.
- If following the initial discussion it is agreed to take the application forward then the organiser need to complete an application form and contract of agreement as well as supply required policies and procedural documentation.
- Licensing officers will then meet the organisers to discuss their arrangements, child protection policy and expected schedule of events.
If, following this process a BOPA is approved the organisation will receive a letter of acceptance and a BOPA Certificate. Both documents must be made available to officers during unannounced site visits.
If the local authority decides not to grant a BOPA, the licensing officer will write to the organisation outlining the reasons for the refusal.
Performances under a BOPA
The local authority can issue a BOPA for one event or for a series of events in a specified time period – normally up to one year.
If satisfied with the proposed arrangements the Licensing officers will authorise the form and return to applicant. This documentation must be made available to licensing officers during any unannounced inspection.
Where a performance is taking place under the auspices of a BOPA the legislation does not require that the child be supervised by a chaperone approved by the local authority. However, the local authority would have to be certain the organisation has clear procedures for carrying out background checks and suitability checks on the adults who will be caring for the children before it grants a BOPA. The Local Authority can impose additional conditions depending on the individual circumstances of the performance and therefore may include a condition to use LA authorised chaperones if required.
If approval is given for a set time period; then organisations must provide information on each performance using: