Key roles and responsibilities of church office holders and bodies practice guidance

Dear Colleagues,

This guidance substantially updates and replaces the ‘Responsibilities of Church organisations’ section in ‘Protecting all God’s Children 2010’. It is in line with ‘Promoting a Safer Church’: the Church of England policy statement for the children, young people and adults.

It recognises that the Church of England is not a single entity. Rather, it consists of many essentially autonomous office holders and other bodies, including both ancient ecclesiastical corporations and modern statutory corporations (many of which are charities). It aims to clarify key safeguarding roles and responsibilities for church office holders and bodies within this complex structure to support a consistent approach to safeguarding across the whole Church.

The House of Bishops commends this practice guidance for use by all Church Bodies, including parishes, dioceses, cathedrals, religious communities, theological colleges and the national church institutions.

I hope that this practice guidance will help church communities further develop clear lines of accountability and leadership responsibilities for the safeguarding arrangements required for all organisations.

Yours in Christ's fellowship,

Rt. Revd. Peter Hancock
Bishop of Bath and Wells

The Church of England is not a single entity. Rather, it consists of many essentially autonomous office holders ^[*] and other bodies ^[*] , including both ancient ecclesiastical corporations and modern statutory corporations (many of which are charities). This complex structure and consequent dispersal of authority over a number of bodies and institutions, has a significant impact on the way in which responsibility for safeguarding matters is exercised. The following outlines the safeguarding responsibilities of key office holders and bodies in line with ‘Promoting a Safer Church’: the Church of England policy statement for the children, young people and adults.

It is not meant to be an exhaustive list but to clarify key safeguarding roles and responsibilities for church office holders and bodies that the House of Bishops has agreed to support a consistent approach to safeguarding across the whole Church. It is supported by eight appendices which provide good practice reference material and templates. The guidance is underpinned by the Children Act 2004 (section 11); Working Together 2015; the Care Act 2014, the Church of England’s safeguarding policy statement, ‘Promoting a Safer Church’ and ecclesiastical law. This includes the Safeguarding and Clergy Discipline Measure 2016, Safeguarding (Clergy Risk Assessment) Regulations 2016, the Diocesan Safeguarding Advisors Regulations 2016 and the Diocesan Safeguarding Advisors (Amendment) Regulations 2017.

It updates and replaces the ‘Responsibilities of Church organisations’ section in ‘Protecting all God’s Children 2010’.

Under section 5 of the Safeguarding and Clergy Discipline Measure 2016 ^[*] , all authorised clergy, bishops, archdeacons, licensed readers and lay workers, churchwardens and PCCs must have ‘due regard’ to safeguarding guidance issued by the House of Bishops (this will include both policy and practice guidance). A duty to have ‘due regard’ to guidance means that the person under the duty is not free to disregard it but is required to follow it unless there are cogent reasons for not doing so (‘Cogent’ for this purpose means clear, logical and convincing). Failure by clergy to comply with the duty imposed by the 2016 Measure may result in disciplinary action. This duty applies to the main guidance document. It does not apply to the appendices which are good practice reference material and templates.

The Ecclesiastical Insurance Group has made it clear that their insurance cover is only valid where House of Bishops’ safeguarding policy and practice guidance is being followed.

This guidance is part of a suite of Safeguarding Practice Guidance and Reference documents which can be downloaded from: https://www.churchofengland.org/clergy-officeholders/safeguarding-children-vulnerable-adults.aspx

1.1. Archbishops'

The Archbishops' role is to:

• Provide leadership and direction in promoting a Safer Church;
• Appoint a bishop with lead responsibility for safeguarding children and adults;
• Appoint the members of the National Safeguarding Steering Group;
• Ensure that diocesan bishops engage in safeguarding induction and training;
• Direct the archbishop of another province or a bishop to undergo a risk assessment. ^[*]

1.2. The House of Bishops

The House of Bishops role is to:

• Provide leadership and direction in promoting a Safer Church;
• Develop, approve and implement safeguarding policy and practice guidance to ensure consistency in best practice across the Church;
• Make regulations in relation to safeguarding;
• Ratify the appointment of a lead safeguarding bishop;
• Ensure that a National Safeguarding Adviser, Deputy Safeguarding Adviser and National Safeguarding Team are appointed with a clear line of accountability and a right to submit reports to the House of Bishops on safeguarding matters;
• Support the appointment of a National Safeguarding Steering Group to advise the House of Bishops on safeguarding matters, as required;
• Ensure minimum standards of safeguarding training for clergy;
• Review the implementation of the ‘Promoting a Safer Church’ business plan ^[*] annually.

1.3. National Lead Safeguarding Bishop

The Lead Safeguarding Bishop’s role is to:

• Provide leadership and direction in promoting a Safer Church;
• Communicate key safeguarding messages both inside and outside the Church;
• Support the House of Bishops and General Synod in their responsibilities for developing strategy, policy and practice guidance in the area of safeguarding;
• Engage in key policy and practice developments with the national and deputy safeguarding adviser and the national safeguarding team;
• Chair (with deputies) key safeguarding advisory/working groups (as required);
• Work closely with the Methodist Church and other ecumenical partners;
• Be informed of, and when required, involved in the resolution of safeguarding matters which might arise through diocesan safeguarding audits or investigations of complaints
• Appoint one or more Deputy Lead Bishop(s), as required.

1.4. The Archbishops' Council

The Archbishops’ Council’s role is to:

• Ensure that adequate resourcing and arrangements are available to support the work of the National Safeguarding Team;
• Hold to account the Secretary General, other senior staff and the National Safeguarding Team on their development and implementation of the ‘Promoting a Safer Church’ business plan;
• Receive regular reports on safeguarding finances, operations and risk management and offer comment and guidance as appropriate;
• Support the work of the National Safeguarding Steering Group.

1.5. Church Commissioners

The Church Commissioners role is to:

• Fund bishops’ legal costs for litigation relating to safeguarding cases;
• Fund the legal costs relating to the Independent Inquiry into Child Sexual Abuse (IICSA);
• Emphasise that this financial support is contingent on dioceses proving that they have been operating in line with House of Bishops’ safeguarding polices and practice guidance;
• Ensure that Diocesan Boards of Finance are providing sufficient funds for safeguarding operational and legal costs in order to meet the expectations set by the House of Bishops’ policies and practice guidance.

1.6. General Synod

The General Synod’s role is to:

• Approve new and amended church safeguarding legislation, including regulations;
• Where necessary, consider and express their opinion on any public policy issues regarding safeguarding as part of their function as set out in paragraph 6 of the GS constitution.

1.7. National Safeguarding Steering Group

The National Safeguarding Steering Group’s (NSSG) role is to:

• Offer strategic oversight of national safeguarding activity, including recommendations on the strategic development to the Archbishops, the House of Bishops and the National Church Institutions;

• Offer oversight of the work of the National Safeguarding Team;

• Receive and consider the recommendations and advice of the National Safeguarding Panel;

• Oversee the work of the IICSA ^[*] Steering Group;

• Review information from quality assurance processes, including lessons learnt case reviews and support implementation of learning and any recommendations across the Church;

• Scrutinise and comment on draft safeguarding policy and practice guidance. The House of Bishops’ members of the group can approve House of Bishops’ safeguarding policy and guidance under delegated powers from the House.

1.8. The National Safeguarding Team

The National Safeguarding Team’s role is:

• Develop and implement a ‘Promoting a Safer Church’ business plan that outlines the actions towards promoting a safer culture throughout the Church of England;
• Provide expert advice, guidance and support to dioceses, cathedrals, National Church Institutions and other Church bodies in respect of safeguarding policy, training, casework and communications;
• Highlighting areas of concern in relation to safeguarding arrangements and practice and facilitating and supporting the necessary improvements;
• Undertake provincial and national case work;
• Promote key safeguarding messages;
• Commission national lessons learnt case reviews, as required;
• Develop and implement national survivors engagement and support work;
• Develop a consistent approach to the support and oversight of offenders and those that may pose a risk within dioceses and other Church bodies. This includes holding a list of approved risk assessors, on behalf of the Archbishops’ Council, to be used by all church bodies who are undertaking independent risk assessments ^[*] ;
• Develop and support the implementation of House of Bishops’ safeguarding policy and practice guidance;
• Develop and support the roll out of a national Training and Development Framework;
• Work to strengthen safeguarding networks and professional support for key safeguarding officers, such as diocesan safeguarding advisers and chairs of Diocesan Safeguarding Advisory Panels;
• Develop and implement quality assurance processes, to measure progress and compliance including ensuring that lessons learnt from case reviews inform and improve practice;
• Review progress annually.

2.1. The Diocesan Bishop

The diocesan bishop is ultimately responsible for ensuring good safeguarding arrangements and practice in the diocese in line with the House of Bishops’ safeguarding policy and guidance.

In certain circumstances, the bishop may delegate these functions pursuant to section 13 of the Dioceses, Pastoral and Mission Measure 2007 by instrument subject to the approval of the diocesan synod (unless a matter is urgent in which case the bishop can seek the approval of the bishop’s council and standing committee of the diocesan synod). Delegation may be to a suffragan bishop and/or assistant bishop. In addition the diocesan bishop may ask someone to carry out safeguarding tasks on his/her behalf e.g. an archdeacon. The ultimate responsibility, however, will always rest with the diocesan bishop.

The Diocesan Bishop’s role is to:

• Provide leadership and direction in promoting a Safer Church;

• Attend national training and any local training, as required;

• With the bishop’s staff, Diocesan Synod, Diocesan Board of Finance (DBF)8 ensure the adequate resourcing of safeguarding in the diocese (please see Appendix 1 for additional guidance);

• Seek to ensure that there is a structure to manage safeguarding in the diocese with clear lines of accountability between diocesan groups and bodies. In addition to ensure that there are clear arrangements in place with cathedrals and any other relevant Church bodies e.g. religious communities, TEIs;

• Ensure that safeguarding is a regular item on bishops’ staff team agenda and that the DSA is able to attend meetings, as required;

• Ensure that the diocese adopts and implements House of Bishops’ safeguarding policy and practice guidance; • Ensure that the diocese has a Diocesan Safeguarding Advisory Panel (DSAP). The group should have clear terms of reference and be directly accountability to and regularly report to the diocesan bishop and other diocesan bodies (see Appendix 2 for a model terms of reference); • Appoint a suitably qualified independent chair (see Appendix 3 for a model role description) to the Diocesan Safeguarding Advisory Panel and work with Chair and the DSA on the choice of members. • Appoint a suitably qualified and experienced Diocesan Safeguarding Adviser/s (DSA/s) following consultation with the National Safeguarding Team9 (see Appendix 1 for additional guidance); • Ensure that the DSA/s are provided with the appropriate financial, organisational and management support and that they meet with the bishop regularly. That they have full access to all records including clergy personal files. This includes ensuring that the DSA/s receives supervision that is appropriate for the role and that they have sufficient time to undertake continuing professional development10 (please see Appendix 1 for additional guidance on DSAs); • Ensure that the diocese develops a diocesan safeguarding strategy that is informed by the national ‘Promoting a Safer Church’ Business Plan; • Ensure that the diocese has arrangements in place to monitor and support safeguarding arrangements in parishes. This should include monitoring as part of the Archdeacons’ responsibilities and visitations; • Ensure that a diocesan central record of clergy, licenced lay ministers and other church officers that have a role with children, young people and vulnerable adults11 is kept that will enable a prompt response to enquiries and enable tracking of DBS compliance, renewals and safeguarding training. This record should include start and finish dates, all posts held and next post when known, DBS information and training attended. Where there have been safeguarding concerns, these should be clearly indicated and cross referenced to clergy/personnel files in accordance with data protection principles12 and House of Bishops’ guidance; • Ensure that a complaints and whistleblowing procedure is in place which can be used for those who wish to complain about the handling of safeguarding issues; • Ensure that arrangements are in place to share relevant information (after having received advice from the DSA and Registrar) about individuals with other dioceses, other Church bodies, other denominations and organisations or the national Church as appropriate; • Ensure that the diocese provides arrangements to support survivors of abuse; • Ensure that adequate safeguarding training is available and that all clergy, licensed readers, lay workers and other church officers who have relevant contact with children young people and vulnerable adults, participate accordingly; • Discharging his/her legal duties to have regard for safeguarding in the authorisations of ministers and the exercise of discipline. This would include: o Where satisfied, directing a priest or deacon who has authority to officiate in the diocese, to undergo a risk assessment; 13 o Considering the suspension of any priest or deacon holding any preferment in the diocese, if, on the basis of information provided by the local authority or police, the relevant individual presents a significant risk of harm; o In cases involving a churchwarden, a PCC member, a member of a district church council or synod, a secretary or treasurer of a PCC a licensed reader or lay worker, considering suspension where the individual involved has been arrested on suspicion of committing an offence mentioned in Schedule 1 of the Children and Young Persons Act 1933 (or charged without having been arrested) or if the bishop is satisfied that an individual represents a safeguarding risk on information provided by the police or local authority. • Ensure that the diocese reviews progress annually.