Practice Guidance: Responding To, Assessing And Managing .

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Practice Guidance:Responding to, assessingand managingsafeguarding concerns orallegations againstchurch officersThis Practice Guidance also includes the ‘Risk assessment and managementof those that may pose a known risk to children, young people or vulnerableadults within a Christian Congregation or Community’House of BishopsPublished October 20171

PrefaceDear Colleagues,In 2015 the House of Bishops issued ‘Responding to Serious Safeguarding Situationsrelating to church officers Practice Guidance and ‘Risk Assessment Practice Guidance ’.This guidance updates and replaces these documents.It aims to further strengthen the Church’s approach to responding to concerns or allegationsagainst church officers and the assessment and management of risk. It offers the Church anintegrated approach and procedure, brought together in one place, to respond to, assessand manage safeguarding concerns or allegations against church officers. As part of this itaims to use and adapt for the Church context established models of risk assessment fromstatutory and specialist agencies. It also includes the risk assessment and management ofthose that may pose a known risk to children, young person and/or vulnerable adults within aChristian congregation or community.It has been informed by best practice in faith organizations, with particular reference to theCatholic Church in Ireland, and in the statutory and third sectors. I want to thank all thosethat were involved in the task group and all those that contributed to the consultationprocess and offered their helpful and informed views.The House of Bishops commends this practice guidance for use by all church bodies,including parishes, dioceses, cathedrals, religious communities, theological colleges and thenational church institutions.The Church remains committed to responding promptly to every safeguarding concern orallegation as set out in ‘Promoting a Safer Church’ the Church of England’s Policy Statementfor children, young people and adults. This requires that anyone who brings anysafeguarding suspicion, concern, knowledge or allegation of current or non-current abuse tothe notice of the Church will be responded to respectfully and in a timely manner. Theresponse must also be in line with statutory child and adult safeguarding procedures,criminal and ecclesiastical law and the House of Bishops’ safeguarding policy and practiceguidance.I hope that this updated practice guidance will help church communities address the issuesin an informed way and respond well to both the alleged victim/survivor and the subject ofconcerns or allegations.Yours in Christ's fellowship,Rt. Revd. Peter HancockBishop of Bath and WellsLead Bishop on Safeguarding2

ContentsIntroduction . 61. Roles and responsibilities of safeguarding personnel in relation to responding to,assessing and managing safeguarding concerns or allegations . 111.1The Diocesan Bishop or Archbishop of the Province. 111.2Diocesan Safeguarding Adviser (DSA) . 121.3Archdeacon. 141.4Support Person . 141.5Link Person . 151.6Core Groups . 171.7Diocesan or Provincial Registrar . 201.8Diocesan Secretary/Chief Executive . 211.9Director of Communications/Chief of Staff/Bishop’s Press Officer . 211.10Diocesan Safeguarding Advisory Panel (DSAP): . 211.11National Safeguarding Team (NST) . 222. Responding to a safeguarding concern or allegation against a Church Officer . 232.1Immediate reporting and communicating within Church bodies upon receipt of aconcern or allegation . 232.2Responding to an adult raising a safeguarding concern or allegation . 302.3Responding to a child or young person raising a concern or making an allegation 312.4Responding to an anonymous concern/allegation . 312.5Responding to someone who admits to abusing a child, young person or vulnerableadult 313.2.6Safeguarding and the Seal of Confession . 322.7Respondent’s working/volunteering for an external organisation . 332.9Regular liaison with statutory agencies . 332.10Information sharing . 34Initial assessment and management of the safeguarding concern or allegation . 383.1Convening the Core Group . 393.2Multi-agency management . 413.3Internal Church Investigation . 413.4Informing the respondent . 423.5Support for the respondent’s family . 433.6Initial Case Summary which results in notification to comply with safeguardingpolicies and procedures and an Interim Safeguarding Agreement . 433.7Suspension for the duration of an investigation . 443.8Communications . 453.9Support to parishes and others affected by safeguarding concerns or allegations 463

4. The process to be followed after the statutory agency or an internal investigationhas concluded . 494.1DSA prepares investigation summary report . 504.2When the initial investigation finds that the concern or allegation is unsubstantiated,unfounded, malicious or false and there are no ongoing safeguarding concerns (return towork) 524.3When the initial investigation finds that the concern or allegation is substantiatedand/or there are ongoing safeguarding concerns. 535.Risk assessment process . 545.1What can victims/survivors expect? . 565.2What can the respondent expect?. 565.3Which type of risk assessment is required and who should undertake theassessment? . 575.4aProcedure for preparing to carry out an independent risk assessment . 585.4bProcedure for preparing to carry out a standard risk assessment . 585.5What a risk assessment should include (Standard and Independent)? . 595.6aThe procedure for sharing the draft independent risk assessment report . 605.6bThe procedure for sharing the draft standard risk assessment report . 605.7a The procedure to be followed upon receipt of the final independent risk assessmentreport 615.7b The procedure to be followed upon receipt of the final standard risk assessmentreport . 615.8aBishop’s responsibilities following independent risk assessment. 625.8bCore Group’s responsibilities following standard risk assessment . 625.9a Power of the Bishop to extend time limits under the terms of reference for anindependent risk assessment . 635.9b Power of the Core Group to extend time limits under the terms of reference for anstandard risk assessment . 635.106.Response to victims or survivors. 63The ongoing risk management process . 666.1Monitoring and Ongoing Safeguarding Agreements . 666.2Disciplinary processes following an investigation . 686.3Referral to the Disclosure and Barring Service . 697. Risk assessment and management of those that may pose a known risk to children,young people or vulnerable adults within a Christian Congregation or Community . 707.1 Introduction. 707.2 Assessing and Managing Risk . 707.3 Multi-Agency Public Protection Arrangements (MAPPA) . 728.Other considerations . 748.1Record-keeping in the context of allegations . 744

9.8.2Referral to the Charity Commission . 748.3Resignations and compromise agreements . 748.4What to do if the respondent moves . 758.5What to do if the respondent is hospitalised during an ongoing case . 76Quality Assurance and Lessons Learnt . 779.1Quality Assurance of Risk Assessments . 779.2Lessons Learnt Case Reviews . 77Appendix 1 – Template notification to follow safeguarding policy and procedures . 80Appendix 2 – Template Initial Case Summary . 82Appendix 3 – Template Interim Safeguarding Agreement . 84Appendix 4 – Template Case Management Update Tool . 88Appendix 5 – Template Ongoing Safeguarding Agreement . 90Appendix 6 - Template Referral and terms of reference for an independent riskassessment . 94Appendix 7 – Template Letter of instruction for independent risk assessment . 97Appendix 8 - Model ongoing safeguarding agreement with an offender . 1005

IntroductionThe guidance is underpinned by the Children Act 2004 (section 11); the Care Act 2014, theChurch of England’s safeguarding policy statement, ‘Promoting a Safer Church’ andecclesiastical law. This includes the Safeguarding and Clergy Discipline Measure 2016,Safeguarding (Clergy Risk Assessment) Regulations 2016, the Diocesan SafeguardingAdvisors Regulations 2016 and the Diocesan Safeguarding Advisors (Amendment)Regulations 2017. It offers the Church’s procedure for dealing with safeguarding concerns orallegations against church officers who have a role with children, young people and/orvulnerable adults. As part of this it aims to use and adapt for the Church context establishedmodels of risk assessment from statutory and specialist agencies. It also includes the riskassessment and management of those that may pose a known risk to children, youngpeople or vulnerable adults within a Christian congregation or community.It updates and replaces ‘Responding to Serious Safeguarding Situations relating to ChurchOfficers Practice Guidance May 2015’ and ‘Risk Assessment Practice Guidance May 2015’.It also updates and replaces Chapter 7 ‘Managing Allegations against Church Officers’,Chapter 8 ‘Suspected abusers and known offenders’ and ‘the model agreement withoffender’ of Protecting All God’s Children 2010.It also updates and replaces parts ofPromoting a Safe Church 2006, that relates to concerns or allegations against churchofficers.Who is the guidance for?This practice guidance is for use by diocesan and provincial advisers1, members of theNational Safeguarding Team, archbishops, bishops, deans and their senior staff and thosefulfilling the other identified roles in this guidance (see section 1. Roles and responsibilitiesof safeguarding personnel in relation to responding to, assessing and managingsafeguarding concerns or allegations).It applies to all Church Bodies2 and church officers3.This particularly relates to churchofficers who have a role in relation to children, young people and/or vulnerable adults.Under section 5 of the Safeguarding and Clergy Discipline Measure 20164, all authorisedclergy, bishops, archdeacons, licensed readers and lay workers, churchwardens and PCCsmust have ‘due regard’ to safeguarding guidance issued by the House of Bishops. A duty tohave ‘due regard’ to guidance means that the person under the duty is not free to disregardit but is required to follow it unless there are cogent reasons for not doing so (‘Cogent’ for1The Diocesan Safeguarding Adviser (DSA) is a paid worker who is professionally qualified and experienced insafeguarding practice. They advise and support the diocese on all safeguarding matters. In this guidance the termmay also apply to a Provincial Safeguarding Adviser (PSA) and members of the National Safeguarding Team(NST). In addition, other Church bodies have safeguarding officers, safeguarding leads or a designated/nominatedsafeguarding person. These roles may either be specialist paid roles, part of a wider paid role or unpaid, asrequired. This guidance reinforces that all concerns or allegations in relation to church officers need to be reportedto the DSA.2 Church Bodies includes PCCs, diocesan bodies, cathedrals, religious communities, theological educationalinstitutions and the National Church Institutions. This practice guidance will apply to the whole of the provinces ofCanterbury and York (including the diocese in Europe subject to local variations/modifications). There is also anexpectation that the guidance will apply to the Channel Islands and Sodor and Man unless there is specific locallegislation in a jurisdiction that would prevent adoption.3 A “church officer” is anyone appointed/elected by or on behalf of the Church to a post or role, whether they areordained or lay, paid or unpaid.4 The Safeguarding and Clergy Discipline Measure 2016 applies to the whole of the provinces of Canterbury andYork (including the Diocese in Europe subject to local variations/modifications), except for the Channel Islands andSodor and Man. To extend the 2016 Measure to the Channel Islands or Sodor and Man legislation will need to bepassed by the relevant island jurisdictions in accordance with section 12 of that Measure.6

this purpose means clear, logical and convincing). Failure by clergy to comply with the dutyimposed by the 2016 Measure may result in disciplinary action.This duty applies to this practice guidance.The Ecclesiastical Insurance Group has made it clear that their insurance cover is only validwhere national safeguarding policy and practice guidance is being followed.This guidance is supported by 8 Appendices which provide good practice reference materialand templates.When this guidance should be used:Despite all efforts to recruit and /or appoint and /or elect safely there will be occasions whensafeguarding concerns or allegations against church officers, who have a role in relation tochildren, young people and /or vulnerable adults, are raised.Where there is a concern or allegation that a church officer, has: Behaved in a way that has harmed a child, young person and/or vulnerable adult, ormay have harmed a child, young person and/or vulnerable adult;Possibly committed a criminal offence against or related to a child, young personand/or vulnerable adult;Behaved towards a child, young person and/or vulnerable adult in a way thatindicates they may pose a risk of harm to children, young people and/or vulnerableadults5These behaviours should be considered within the context of the main categories of abuse(see guidance on categories of abuse). These include concerns relating to: Domestic Abuse; 'Grooming', i.e. meeting a child or young person under 16 with intent to commit arelevant offence (see s15 Sexual Offences Act 2003,); Other 'grooming' behaviour giving rise to concerns of a broader child/adult protectionnature e.g. inappropriate text / e-mail messages or images, gifts, socialising etc.( sees67 Serious Crime Act 2015); Possession of indecent photographs / pseudo-photographs of children or youngpeople.This guidance should always be followed when information about a safeguarding concern orallegation against a church officer, who has a role in relation to children, young peopleand/or vulnerable adults is received, irrespective of how information comes to light (forinstance, through review of files; media contact; information from an alleged victim/survivor;information from a statutory agency; report from a local church).The language used for complainants and those complained against is always a sensitiveissue. This guidance will usually be needed before there have been any findings in criminal,civil or disciplinary proceedings. At this stage there will be people who have madecomplaints (referred to as safeguarding concerns or allegations in this guidance) and peopleagainst whom complaints have been made. Both victims/survivors and respondents will atthis stage be alleged victims/survivors and alleged respondents. For ease of referencethis guidance will use the terms ‘victims/survivor’’ and ‘respondent’ without presupposing the5These bullet points reflect the statutory guidance in Working Together to Safeguard Children March 2015 para 4.Chapter 2. Please note that ‘Keeping Children Safe in Education September 2016’ has a different wording in thethird bullet.7

accuracy of the complaint. These should be regarded as neutral terms that do not imply theinnocence or guilt of either party.The language employed to describe those who have suffered abuse is always a sensitivematter. Few would want to be defined by an experience or experiences from their past.However, they have been victims and that fact must not be lost in concern about correctlanguage. At the same time, many have moved on as far as they are able and would bebetter described as survivors. An episode or series of e

Responding to, assessing and managing safeguarding concerns or allegations against church officers This Practice Guidance also includes the ‘Risk assessment and management of those that may pose a known risk to children, young people or vulnerable adults within a Christian Congregation or Community’ House of Bishops Published October 2017

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