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Licensing

Q: Child protection laws and licensing/permits for work experience

Our daughter wants to do work experience in her local theatre. With child protection laws to consider, what age does she need to be?

A: The cut-off point is 16, which is the official school leaving age. Below that age a work permit from the local education authority will be required. A child or young person who assists in any trade or occupation which is carried on for profit or gain is deemed to be employed, even if unpaid, and even if the 'work experience' is conducted primarily for the child's, rather than the employer's, benefit. As long as the period of 'employment' is during specified permitted hours, is not prohibited under local authority byelaws and is not detrimental to the child's welfare, a work permit is likely to be issued to the employer and child/parent/guardian concerned. There are different permitted working hours for different ages between 12 and 16, and there are special restrictions applicable to the employment of children under 12.

Unless offering work experience placements to children on a frequent and regular basis - for example by arrangement with a school or other educational institution - it is unlikely that your local theatre will fall within the statutory definition of a "child care organisation" to which a compulsory check with the Protection of Children Act list maintained by the Criminal Records Bureau against the name(s) of staff in "regulated position(s)" applies. However, the general law of negligence and general health and safety regulations will apply so, depending on your daughter's age, it would be prudent to ensure that some responsible adult member of staff is deputed to supervise and monitor your daughter's activities while on the employer's premises to see that she does not get up to any mischief or do herself any harm.

It also seems unlikely that a short-term work experience placement with your local theatre will involve your daughter in appearing as a performer on stage before a live audience, especially if she has received no drama training but should the contrary be the case then a Child Performance Licence from your local authority will be required unless she is over 16 years of age, or is to be paid nothing more than expenses and has not performed on more than three other days in the last six months, or the performance(s) have been arranged by a school or other educational body.

First published 12th May 2006