What exactly does the law of the land say they have to do as an adult, as I’m an adult and have been for a few years now and I don’t know of any such obligations, or is it just what the ATC tries to scare people with.
There are various statutory reporting requirements for safeguarding concerns, especially FGM.
No one in the UK has a legal obligation to report a crime*. We might have a moral obligation, or we might belong to an organisation that puts in place a strict code of conduct, but that is not a legal issue.
Besides, the age of criminal responsibility is much lower than 18 - why would a staff cadet be breaking the law if a 17 year old cadet isn’t?
For example, it is not illegal for a staff cadet (or CFAV for that matter) to have a sexual relationship with a 16 year old cadet, but it is against our code of conduct.
*See below:
For people in certain regulated professions and positions of trust - doctors and teachers, for example.
We are not in a regulated profession, and not in a position of trust, and so not reporting them is not illegal, although we do have a moral obligation to.
I was told all over 18s have a civil law duty of care, hence the requirement to report etc?
Tell that to some politicians and police forces in the UK.
Over 18s in the ATC, I meant. Just what I was told.
How are we not in a position of trust?
As staff we are in s position of trust, but we are not externally regulated.
A CFAV would be in a position of trust. I would say it would be a grey area as to whether a Staff Cadet is. It would depend on the role they were undertaking at the time!
If we are giving these young adults these expectations, why not let them be “full” adults in the organisation and not retain them as cadets who happen to be legal adults, ie over 18 . There seems to be a fear among a lot of staff to do this, which I do not understand.
For everyone saying we are in a position of trust:
We are not.
The ACPs used to say we were, but that has been removed, because it was incorrect.
Nor are we in loco parentis when we go away BTW.
Teachers are classed as being in a position of trust - which is why a CFAV isn’t breaking the law by having a sexual relationship with a 16 year old, and a teacher is.
There is no such thing as civil law in this context. We would have to submit to criminal law. Civil law is used when you sue someone or in property disputes.
As a CFAV we act “in loco parentis” providing the care and making decisions in place of their parents.
Duty of care is more relevant around responsibilities, such as a shop has a duty of care for everyone who enters.
There is no legal obligation for anyone (apart from Warranted Police Officers) to report a crime or intervene in any crime, just a moral one.
In the example above I hope that the 17 year old would also report this issue, not just wait until a grown up turns up!
Not according to legislation - it is pretty specific to teachers and social workers.
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We quite specifically don’t do that either.
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I concede on the Position of Trust, but how do we not act in loco parentis?
Doing some cursory digging on Google it seems that we may actually be, but I would want to check with a lawyer before being certain. ACP1 Ch1 para 1 (and Ch2 para 2) makes a clear statement that we do not.
As it was explained to me, since we can always contact a parental figure during normal duties (camps may be an exception) we are not formally In Loco Parentis.
HQAC can write what it likes in an ACP, and make a statement about whatever it likes, but as an ACP is not a legal document, any statements it make are not always based in law!
I agree with your point about we are not in loco parentis on parade nights as parents can easily be contacted.
But when on camps, especially in remote locations or overseas, we must hold that status. We make decisions about when the cadets sleep or eat, and more importantly, if they need medical care, we arrange and authorise that care.
In legal cases, actions and situations will hold much more weight than a policy statement!
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We make decisions like that because parents have signed a TG21 form giving us these “rights”, the rights are lent to us by the parent. We do not have In Loco Parentis because this is right of a position EG teacher.
This is why the question of when do we need TG forms is so important to us the volunteer.