Child Protection Standards

Standards for the Protection of Minors – procedure at Active Hotel

1. Introduction

In view of the obligation arising from the Act of 13 May 2016 on counteracting threats of sexual crime and the protection of minors to introduce standards by entities providing hotel and tourist services, as well as operating other collective accommodation facilities, to the extent necessary to ensure the protection of minors, and recognising the important role of business in ensuring respect for the rights of Children, in particular the right to protection of their dignity and freedom from all forms of harm, Active Hotel adopts this document as a model of standards, rules and procedures in the event of suspected harm to a Child staying at Active Hotel and for preventing such threats.

2. Definitions

1. Child – any person under 18 years of age;

2. Harm to a Child – committing a prohibited or punishable act against a Child by any person, including a member of Staff, or posing a threat to the Child’s welfare, including neglect. All offences that may be committed against adults may also be committed against Children, as well as offences that may be committed exclusively against Children (e.g. sexual exploitation under Article 200 of the Criminal Code). Due to the specific nature of tourist facilities, where it is easy to obtain an opportunity for seclusion, the offences most likely to occur on their premises will be offences against sexual freedom and decency, in particular rape (Article 197 of the Criminal Code), sexual exploitation of a person’s insanity or helplessness (Article 198 CC), sexual exploitation of dependence or a critical situation (Article 199 CC), sexual exploitation of a person under 15 years of age (Article 200 CC), grooming (enticing a minor through means of distance communication – Article 200a CC);

3. Child’s Guardian – a person authorised to represent the Child, in particular the Child’s parent or legal guardian. Under these standards, a foster parent is also considered a guardian;

4. Staff – a person employed at Active Hotel under an employment contract, civil-law contract, or a member of an organisation.

3. Rules for identifying a Child staying at the hotel and the Child’s relationship with the adult accompanying them at the hotel.

1. When accepting a Child for a stay at Active Hotel, whenever possible, the Child and their relationship with the adult accompanying them at the hotel should always be identified.

2. Identification of the Child by Reception Staff is mandatory in unusual and suspicious situations indicating that there is a risk of harm to the Child.

3. In order to identify the Child and their relationship with the person accompanying them at the hotel, the following must be done:
1) ask for the Child’s identity and their relationship with the person who arrived at or is staying at the hotel with them. For this purpose, request the Child’s identity document or another document confirming that the adult has the right to care for the Child (e.g. a civil status record or court ruling). If no identity document is available, the Child’s details may be requested (first name, surname, address, PESEL number);
2) if there are no documents indicating a family relationship between the Child and the adult, ask both the adult and the Child about this relationship;
3) if the adult is not the Child’s Guardian, ask whether they have a document confirming the Child’s Guardians’ consent to the adult travelling with the Child (e.g. a written statement expressing the consent of at least one of the Child’s parents/legal guardians);
4) if the adult does not have the Child’s Guardians’ consent document, request the telephone number of the persons mentioned above in order to call and confirm that the Child is staying at the hotel with an unrelated adult with the knowledge and consent of the Child’s Guardians.

4. If the adult resists showing the Child’s document or indicating the relationship, explain that the procedure serves to ensure the safety of Children staying at Active Hotel and that this obligation results from generally applicable law.

5. If the conversation does not dispel doubts concerning suspicions about the adult and their intention to harm the Child, discreetly notify the Reception Manager or Hotel Management. To avoid arousing suspicion, one may, for example, refer to the need to use equipment at the back of the reception area and ask the adult to wait with the Child in the lobby or restaurant.

6. From the moment the first doubts arise, both the Child and the adult should remain under constant observation by Staff; the reception coordinates passing this information to housekeeping and waiting staff.

7. The Reception Manager or Hotel Management decides whether to notify the police or, in case of doubt, takes over the conversation with the suspected adult in order to obtain further explanations.

8. If the conversation confirms the belief that an offence against the Child has been attempted or committed, the supervisor notifies the police. The rules applicable to circumstances indicating harm to a Child are then followed.

9. If Staff from other organisational units, e.g. cleaning services, room service, bar and restaurant employees or security personnel, witness unusual or suspicious situations, they should immediately notify Hotel Management or the Reception Manager, who will decide whether appropriate action should be taken.

10. Staff must describe in an official note every incident that raises suspicion and is reported to the Reception Manager or Hotel Management; the note must contain a description of the entire incident.

4. Rules and procedures for responding when there is a reasonable suspicion that the welfare of a Child present at Active Hotel or using Active Hotel’s services is at risk.

1. Staff have knowledge of and, in the course of their duties, pay attention to risk factors and symptoms of harm to Children.

2. Staff are required to immediately inform the Reception Manager and Hotel Management of any suspicion of harm to a Child.

3. The intervention is conducted by the Hotel Director, who may appoint another person to perform this task, unless action by Staff in this regard is sufficient.

4. A reasonable suspicion of harm to a Child exists when:
a) the Child has disclosed the harm to Staff,
b) Staff have observed the harm,
c) the Child has signs of harm (e.g. scratches or bruises) and, when asked, responds inconsistently and/or chaotically or becomes embarrassed, or other circumstances indicate possible harm, e.g. pornographic materials involving Children are found in an adult’s room;
d) the Child’s Guardian or a third party reports the harm to the Child.

5. If a Child is suspected of being harmed by another Child staying at the hotel (e.g. during organised group stays or sports activities), a conversation should be held with the Child suspected of causing harm (where possible in the presence of the Child’s Guardian, Tour Leader or Coach), and separately with the Child subjected to harm (where possible in the presence of the Child’s Guardian, Tour Leader or Coach).

6. If it is suspected that a Child is experiencing violence causing bodily harm, sexual exploitation and/or a threat to their life from another Child, or repeated physical and/or psychological violence or repeated other disturbing behaviour, the intervening person is additionally required to report the possibility of an offence or notify the nearest family court.

7. If a Child is suspected of being harmed by the Child’s Guardian/person accompanying the Child at the hotel in the form of:
1) violence causing bodily harm, sexual exploitation and/or a threat to the Child’s life, Staff must ensure the Child’s safety, separate the Child from the Child’s Guardian/person accompanying them who is suspected of causing harm, and notify the police at 112 or 997;
2) other offences, the intervening person must notify the police or prosecutor’s office by reporting the possibility that an offence has been committed;
3) one-off other physical violence (e.g. spanking, pushing, shoving), psychological violence (e.g. humiliation, discrimination, ridicule) or other disturbing behaviour (i.e. shouting, inappropriate comments), Staff must ensure the Child’s safety and speak with the Child’s Guardian/person accompanying the Child who is suspected of causing harm; in the event of repeated violence, the intervening person must notify the competent social welfare centre and, simultaneously, submit an application to the family court to examine the family situation.

8. If a member of Staff suspects that a Child is being harmed by third parties (including a member of Staff) in the form of:
1) violence causing bodily harm, sexual exploitation and/or a threat to the Child’s life, Staff must ensure the Child’s safety, separate the Child from the person suspected of causing harm, and notify the police at 112 or 997;
2) other types of offences, Staff must ensure the Child’s safety, separate the Child from the person suspected of causing harm, and inform the police or prosecutor’s office in writing by reporting the possibility that an offence has been committed;
3) one-off other physical violence (e.g. spanking, pushing, shoving) or psychological violence (e.g. humiliation, discrimination, ridicule), Staff must ensure the Child’s safety and separate the Child from the person suspected of causing harm. The intervening person must terminate cooperation with the person harming the Child;
4) other disturbing behaviour (i.e. shouting, inappropriate comments), Staff must ensure the Child’s safety and separate the Child from the person suspected of causing harm, and the intervening person must conduct a disciplinary conversation and, if there is no improvement, terminate cooperation.

9. In a situation where harm to a Child is suspected, the Child and the person suspected of harming the Child must be prevented from leaving the hotel.

10. In justified cases, a citizen’s arrest may be made. In such a situation, until the police arrive, the person must be kept under the supervision of two employees in a separate room away from the view of other Guests.

11. In every case, the Child’s safety must be ensured. The Child should remain under the care of an employee until the police arrive.

12. If there is a reasonable suspicion that an offence involving the Child’s contact with the perpetrator’s biological material (semen, saliva, epidermis) has occurred, the Child should, where possible, be prevented from washing or eating/drinking until the police arrive.

13. After the police have collected the Child, surveillance footage and other relevant evidence (e.g. documents) concerning the incident must be secured and, at the request of the authorities, a copy must be sent by registered mail or delivered personally to the prosecutor or police.

14. Staff and the intervening person must prepare an official note concerning the incident and the actions taken. The note may be in written or email form.

15. After the intervention, the incident must be described in the register of incidents threatening the welfare of a Child. The register is maintained by a person appointed by the Hotel Director.

5. Employing persons to work with Children

1. All persons working with Children must be safe for them, which means, among other things, that their employment history should indicate that they have not harmed any Child in the past.

2. Personnel employed by the hotel to carry out work related to the education, recreation and care of Children must be checked against the Register of Sex Offenders. Checking a person against the Register of Sex Offenders is carried out by printing the search results for the person in the Register of Sex Offenders with restricted access, which is then attached to the personnel file of the person being checked. The check must be repeated annually.

3. All employees hired to work with children, including persons who may potentially come into contact with children, should submit a declaration of no criminal record and that no proceedings are pending against them for offences committed against Children.

6. Rules ensuring safe relations between Personnel and the Child

1. The overriding principle governing all activities undertaken by Personnel is to act for the benefit of the Child and in the Child’s best interests.

2. Personnel treat the Child with respect and take the Child’s dignity and needs into account. The use of violence against the Child in any form is unacceptable. In pursuing these objectives, Personnel act within the framework of applicable law, the organisation’s internal regulations and their competences.

3. Personnel are obliged to maintain a professional relationship with Children and to consider each time whether a response, communication or action towards the Child is appropriate to the situation, safe, justified and fair towards the other Children.

4. It is forbidden to shame, humiliate, disregard or insult the Child. Personnel must not shout at the Child except in situations arising from the need to ensure the safety of the Child or other Children.

5. Sensitive information concerning the Child must not be disclosed to unauthorised persons, including other Children. This includes the Child’s image and information about their family, financial, medical, care-related and legal situation.

6. Personnel are obliged to assure Children that if they feel uncomfortable in any situation or in response to specific behaviour or words, they may tell the hotel Personnel about it and may expect an appropriate response and/or assistance.

7. Children must not be offered alcohol, tobacco products or illegal substances, nor may these be used in the presence of Children.

8. Any act of violence against the Child is unacceptable.

9. Contact with Children should take place exclusively during working hours and concern purposes falling within the scope of Personnel’s duties. Children must not be invited to Personnel’s place of residence or met outside working hours. This also includes contact with Children through private communication channels (private telephone, e-mail, instant messaging services, social media profiles).