The rights and wrongs of using child models
Don’t take any chances when working with children. Get your paperwork in order before picking up the camera
You are probably already aware that you can’t just simply photograph a child model, but unless you’re a commercial or advertising photographer you might not know exactly what kind of paperwork is the right paperwork. Thankfully, it’s actually quite simple.
When kids perform
Since the 1930s, legislation has governed the employment and public performance of children, to safeguard their health, welfare and eduction. Sadly, a huge problem with the legislation was that the concept of ‘performance’ was never defined and was therefore open to interpretation. Until 1998, that is.
In 1998 the Government was required to implement an EC Directive concerning the employment of children. Two regulations from the 1960s were amended to take modelling into account and the amendments can be found in the Children (Protection at Work) Regulations 1998 and the Children (Performances) (Miscellaneous Amendments) Regulations 1998.
As a consequence of these amendments, a licence is now required where a child is to ‘take part in a sport or work as a model where payment in respect of his doing so, other than for defraying expenses, is made to him or to another person.’ The person responsible for making the licence application is the person who proposes to employ the child – in our case, the photographer.
The nature of the modelling industry means that engagements arise at very short notice. However, in order to ensure that appropriate safeguards are in place for the child, the local authority is able to insist on a three-week notice period. This could cause catastrophic difficulties for professional photographers.
Luckily, some local authorities will issue a six-month licence to the child’s model agent (on behalf of photographers to be identified later) giving the total permitted number of ‘safe’ days on which the child may work. However, some local authorities do not consider this kind of licence to be legal and will not issue it, in which case separate licence applications, each with the three-week notice provisions, will be needed for every individual assignment. Something to bear in mind if a proposed project might involve the use of child models.
Still, the three-week rule could prove unworkable for many pro photographers. And this causes some local authorities concern. As, if their system is regarded as inoperable, it will simply be ignored, effectively driving the industry back ‘underground’ – clearly negating the intentions of the 1998 amendments. Don’t be tempted to go underground though, as anyone convicted of employing a child model without this licence is liable to a fine of up to £1000.
The rules for performance and modelling are much the same, with perhaps one exception. For modelling there is no requirement for the child to be medically examined, but the parent or legal guardian must sign a declaration to confirm that the child is both fit and well. Remember the licence is for the protection of children against exploitation and to safeguard their health, welfare and education – something that professional photographers should respect at all times.
Fiona Alison is an international children’s photographer and president
of the MPA.
This article is a guide. Consult your local authority for details of how it implements the legislation.
