OSK Cyran Standards for the Protection of Minors – full version
§1. General provisions
- These Standards for the Protection of Minors (SOM) set out the rules designed to ensure the safety of minors participating in training courses organised by the CYRAN Driver Training Centre.
- The purpose of this document is:
- ensuring the protection of minors from harm,
- establishing guidelines for safe interactions between staff and minors,
- establishing procedures for responding to suspected abuse,
- to regulate the rules on the protection of minors’ personal data and image.
- These standards apply to all employees, associates and individuals working on behalf of OSK who have, or may have, contact with minors.
§2. Legal basis
The standards were developed on the basis of:
- the Act of 13 May 2016 on combating the risks of sexual offences and the protection of minors,
- the Act of 28 July 2023 amending the Family and Guardianship Code and certain other Acts,
- The Family and Guardianship Code,
- The Criminal Code,
- the Personal Data Protection Act,
- other applicable legal provisions.
§3. Definitions
- Minor – a person under the age of 18.
- OSK staff – the owner, driving instructors, office staff, contractors and other individuals who come into contact with minors in the course of the driving school’s activities.
- Harming a minor – any act or omission that infringes upon a child’s rights or welfare, in particular:
- physical violence,
- psychological abuse,
- sexual violence,
- negligence,
- economic use,
- cyberbullying.
§4. Guidelines for the safe recruitment of staff
- Only persons who meet the following criteria are permitted to work with or collaborate with minors:
- submitted the relevant information from the National Criminal Register,
- have been checked against the Register of Sex Offenders (restricted access section),
- have submitted the relevant declarations required by law,
- have read these Standards and confirmed this by signing them.
- Documentation confirming the verification is kept in personnel files in accordance with the law.
§5. Guidelines for safe interactions between staff and minors
1. General principles
Staff must treat minors:
- professional,
- based on respect,
- safe,
- appropriate to the training context.
2. Permitted behaviour
Staff are entitled to:
- business contact solely in connection with the delivery of the training,
- providing information in a clear manner that is appropriate to the minor’s age,
- issuing safety instructions whilst driving,
- correcting the student’s mistakes in a calm and objective manner,
- recording and sharing images of a minor only with the written consent of a parent or legal guardian.
3. Prohibited behaviour
The following is strictly prohibited:
- any behaviour of a sexual nature,
- comments with sexual undertones,
- establishing a personal relationship with a minor,
- contacting each other for purposes other than training (e.g. private messages, social media),
- the use of physical or psychological violence,
- humiliation, ridicule, intimidation,
- offering alcohol, cigarettes or other psychoactive substances,
- violation of a minor’s privacy.
§6. Rules on electronic communication
- Contact with minors takes place exclusively:
- via the OSK’s official communication channels,
- in matters relating to training.
- In the case of minors, we prefer to contact a parent or legal guardian.
- It is forbidden to engage in private correspondence with a minor.
§7. Procedure for responding to suspected abuse by an employee
- If a report is made regarding suspected abuse of a minor by an employee, the person responsible for handling the case shall conduct interviews with:
- minors,
- other persons who have or may have knowledge of the incident (including the minor’s legal guardians).
in order to establish the course of events and their impact on the minor’s physical and mental health.
- The person in charge of the operation records the findings in the incident report.
- The person responsible for managing the intervention arranges a face-to-face meeting with the minor’s legal guardians, during which they provide information about the incident, the intervention taken, and the options for obtaining specialist support.
- The person responsible for handling the intervention shall arrange a meeting with the employer and the employee concerned, during which the circumstances covered by the report must be clarified. The findings must be recorded in the intervention report.
- Where a report concerns an offence under generally applicable legislation, an employee suspected of harming a minor is prohibited from having any contact with the victim or with other minors.
- Where a crime against a minor is suspected, the employer or a designated member of staff shall draw up a report on the possible commission of a crime and forward it to the local police or public prosecutor’s office.
- Where it is established that an employee has harmed a minor in a manner that does not constitute a criminal offence (e.g. shouting, humiliation), the person responsible for managing the intervention shall decide to initiate appropriate disciplinary proceedings, including the termination of the contract with that employee, or shall make such a recommendation to the employer.
§8. Procedure for responding to suspected abuse by a legal guardian of a minor
- Where a suspicion is reported that a minor is being harmed by their legal guardian or another adult, the person responsible for handling the case shall conduct interviews with:
- minors,
- other persons who have or may have knowledge of the incident (including the minor’s legal guardians).
in order to establish the course of events and their impact on the minor’s physical and mental health.
- The person in charge of the operation records the findings in the incident report.
- Where a crime against a minor is suspected, the person in charge of the intervention shall draw up a report on the possible commission of a crime and forward it to the local police or public prosecutor’s office.
- Where it is established that a legal guardian or another member of the household has committed domestic violence against a minor, the person responsible for the intervention shall notify the social services centre with jurisdiction over the minor’s place of residence, which may initiate the Blue Card procedure.
- Where it is established that the behaviour of a legal guardian or another member of the household towards a minor does not constitute domestic violence, but family relations are dysfunctional (e.g. the minor is neglected, the parents are unable to fulfil their parental responsibilities), the person responsible for the intervention shall apply to the family court with jurisdiction over the child’s place of residence for an assessment of the family’s situation.
- The person in charge of the intervention shall provide information regarding the incident, the intervention undertaken, and the need for or possibility of specialist support to an adult family member of the minor who is not the perpetrator of the abuse.
§9. Rules and procedures for taking action in cases of suspected misconduct causing harm to a minor or possessing information about harm caused to a minor
- Any employee who suspects that a minor is being harmed is required to:
- inform the owner of the OSK immediately,
- draw up a memo and then forward it to the person in charge of the operation. The memo may be sent by email.
- The person responsible for coordinating activities is:
Piotr Cyran – Head of the OSK. - Where there is a reasonable suspicion that a crime has been committed:
- the matter is reported to the police,
- an intervention form is drawn up (Appendix 1)
- a support plan for the minor is drawn up (Appendix 2)
- the family court is notified (if necessary),
- measures are taken to safeguard the welfare of the minor.
- Minors are provided with support and treated with respect for their dignity and privacy.
§10. Rules on the protection of personal data and image rights
- Personal data relating to minors is processed only to the extent necessary for the purposes of the training.
- Only authorised persons have access to the data.
- The documentation is stored in such a way as to prevent unauthorised access.
- The use of a minor’s image for marketing purposes requires the written consent of a parent or legal guardian.
§11. Training and monitoring of compliance with standards
- Every employee and colleague:
- familiarises themselves with the Standards before starting work,
- confirms this with his signature.
- Refresher training courses are held at least once every two years.
- The standards are subject to periodic review and update in the event of changes to the law.
§12. Final provisions
- The standards enter into force on: 15 August 2024.
- The document is available:
- at the OSK office,
- on the OSK website,
- for parents and legal guardians to view.
- Every person covered by the Standards is required to comply with them.
Attachments:
- Intervention sheet – Appendix 1
- Support plan for a minor – Appendix 2
- List of emergency numbers and helplines – Appendix 3
Appendix 1
| INTERVENTION CARD | ||
| The minor’s full name | ||
| Details of the person reporting the suspected abuse (full name, position, relationship to the minor) | ||
| Description of the measures taken (including the date and location of the measures) | ||
| A description of the interview conducted with the minor’s guardians (including the date and place of the interview) | ||
| The nature of the intervention | The intervening party | Date and Description |
| Results of the intervention (actions taken by the Driver Training Centre, legal guardians and institutions) | ||
| Date of issue of the intervention card | ||
Appendix 2
| SUPPORT PLAN | |
| The minor’s full name | |
| Reason for drawing up the Support Plan | |
| The names of the people who drew up the Support Plan | |
| Date of preparation of the Support Plan | |
| Description of the minor’s situation following the disclosure of the abuse | |
| The purpose of supporting a minor | |
| Description of the support provided to the minor | |
Appendix 3
List of emergency and helpline numbers:
Key emergency numbers:
- 112 – European Emergency Number (accidents, fires, life-threatening situations).
- 999 – Ambulance Service.
- 998 – Fire Brigade.
- 997 – The police.
Helplines for young people:
- 116 111 – Helpline for Children and Young People (24 hours a day, 7 days a week)
- 800 12 12 12 – The Children’s Ombudsman’s Children’s Helpline (24 hours a day)
- 800 119 119 – Helpline for children and young people (2 pm–10 pm)