Responding to safeguarding concerns or allegations that relate to children, young people and vulnerable adults
Report
Please note that if you believe that a child or adult is in immediate danger of significant or serious harm, you should contact the police on 999.
If a church officer notices signs or symptoms of potential abuse of a child or adult, you should report this to your activity leader/manager (where appropriate) and seek advice and guidance from the diocesan safeguarding adviser and/or the nominated safeguarding officer for your church body. This must happen within 24 hours of identifying a concern (see section 2).
If the information suggests that the child or adult is at risk of abuse or neglect, then the information will also need to be reported to the statutory services immediately (see section 2).
Introduction
This guidance is underpinned by the Church of England’s Safeguarding Policy Statement Promoting a Safer Church 2017, Ecclesiastical law and Government Guidance such as Working Together 2018 and the Care Act 2014. It replaces section 5 of Protecting All God’s Children 2010, including Annex A5 and Guidance Practice 2, and Appendix 3 of Promoting a Safe Church 2006. It replaces section 6 of Protecting All God’s Children and Promoting a Safe Church.
One of the key safeguarding policy commitments of the Church of England is that:
Anyone who brings any safeguarding suspicion, concern, knowledge or allegation of current or non-current abuse to the notice of the Church will be responded to respectfully and in a timely manner, in line with statutory child and adult safeguarding procedures and the House of Bishops’ Safeguarding Policy and Practice Guidance.
All safeguarding work will be recorded in line with the House of Bishops’ Safeguarding Practice Guidance.
All suspicions, concerns, knowledge or allegations, that reach the threshold for reporting to the statutory authorities, will be reported via the diocesan safeguarding adviser or designated safeguarding adviser/officer in another church body to the appropriate statutory authorities. This will be done irrespective of the status of the person.
Who is the guidance for?
This practice guidance is for use by all those who have a role with children, young people and vulnerable adults. This includes diocesan, cathedral and provincial safeguarding advisers [*] , members of the national safeguarding team, archbishops, bishops, deans and their senior staff.
It includes information that applies to parishes but, for ease of reference, this is also covered in the Parish Safeguarding Handbook.
It applies to all church bodies [*] and church officers [*] .
Under section 5 of the Safeguarding and Clergy Discipline Measure 2016, all authorised clergy, bishops, archdeacons, licensed readers and lay workers, church wardens and PCCs must have ‘due regard’ to safeguarding guidance issued by the House of Bishops. A duty to have ‘due regard’ to safeguarding 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. All decisions not to pay ‘due regard’ must be recorded and the reasons clearly stated.
This duty applies to this practice guidance.
In addition, failure to have due regard to the House of Bishops’ Safeguarding Policy and Practice Guidance may have direct consequences for the validity of your insurance.
When must this guidance be used?
This guidance must be used when there are concerns about the welfare and safeguarding of children, young people and/or adults that do not relate to church officers.
Please see ‘Responding to, Assessing and Managing Safeguarding Concerns or Allegations Against Church Officers’ for the procedure for dealing with concerns or allegations that relate to church officers.
If you are not sure whether a concern falls within this guidance, please consult your nominated safeguarding officer and/or the diocesan safeguarding adviser.
What does this guidance aim to do?
This guidance aims to offer the Church procedures for dealing with concerns or allegations against children, young people and adults, which are compliant with local safeguarding children’s and adults’ procedures. It offers guidance on:
- How to identify potential or actual harm to children, young people and adults;
- How to respond to direct concerns or allegations arising from a child, young person or adult;
- Reporting procedures to the Church’s nominated safeguarding professionals, who are able to offer advice and decide upon the necessity for a referral to children/adult social care and/or the police [*] ;
- What to expect from statutory agencies.
1. Be alert to safeguarding concerns
Church officers who come into contact with children, young people and/or adults, work with parents/carers, or gain knowledge about children and young people through working with adults should:
- Be alert to potential indicators of abuse or neglect [*] ;
- Be alert to the risks which abusers or potential abusers may pose to children, young people and/or adults;
- Be alert to the impact on the child, young person and/or adult of any concerns of abuse or maltreatment;
- Listen and respond well to any concerns or allegations;
- Report and record any concerns or allegations.
Safeguarding concerns or allegations may be about something that is going on now, something that may happen in the future, or something that happened in the past. Concerns or allegations about abuse in the past (called non-recent abuse) will be treated as seriously as abuse concerns or allegations which may be happening now.
There are many situations whereby a member of the Church may have concerns, or be made aware of concerns, regarding a child, young person and/or adult, such as when:
- A child, young person and/or adult discloses abuse;
- Someone discloses concern for a child, young person and/or adult;
- Someone notices signs of potential abuse of a child, young person and/or adult;
- A child, young person and/or adult makes a disclosure about their own behaviour towards another child, young person and/or adult;
- Someone witnesses concerning behaviours during a church activity or during a home visit.
1.1. Guidelines for responding to a person disclosing abuse
Whenever a child, young person and/or adult reports that they are suffering or have suffered significant harm through abuse or neglect, or have caused or are causing harm to others, the initial response should be limited to listening carefully to the child, young person and/or adult. If someone makes a disclosure this might be the only time they will tell someone about what is happening.
Respond
Do:
- Listen.
- •Take what is said seriously.
- Only use open questions (open questions begin with words like: who, what, when, where and how. Open questions cannot be answered with a ‘yes’ or ‘no’).
- Remain calm.
- Take into account the person’s age and level of understanding.
- Check, if face to face, whether they mind you taking notes while they talk so you can make sure you capture the information accurately. At the end you can check with them that you have understood everything correctly.
- Offer reassurance that disclosing is the right thing to do.
- Establish only as much information as is needed to be able to tell your activity leader/manager/nominated safeguarding officer/DSA and statutory authorities what is believed to have happened, when and where.
- Check out what the person hopes to result from the disclosure.
- Tell the child or adult what you are going to do next.
Do not:
- Make promises that cannot be kept (e.g. that you won’t share the information).
- Make assumptions or offer alternative explanations.
- Investigate.
- Contact the person about whom allegations have been made.
- Do a physical or medical examination.
Record
- Make some very brief notes at the time, if appropriate, and write them up in detail as soon as possible.
- Record the date, time, place and the actual words used.
- Record facts and observable things, not your interpretations or assumptions.
- Don’t speculate or jump to conclusions.
Report
- If there is immediate danger to a child/adult, contact the police. Ring 999.
- Otherwise avoid delay and take action: talk immediately, within 24 hours, to your activity leader/manager/nominated safeguarding officer and share any concerns.
- Within 24 hours, the nominated safeguarding officer reports the concerns to the DSA.
- The DSA will advise regarding reporting to child/adult social care and/or the police (see section 2). This must be done within 24 hours.
If in any doubt seek advice from child/adult social care and/or the police.
Disclosure from a perpetrator
A disclosure may be made by someone who is a convicted offender or from someone who is disclosing previously unreported abuse. This information is more likely to be disclosed to those providing pastoral support; for example, clergy and pastoral workers.
The motive for admitting what has happened may be a desire to address the problem and obtain help. The person who admits to a potential offence against a child or adult must be told that the information will not be kept confidential and that the information will be passed on to child/adult social care and/or the police [*] .
Be supportive but do not seek more details than you need. Report within 24 hours what is believed to have happened to your activity leader/manager/the nominated safeguarding officer/the DSA and the statutory authorities.
1.2. How do I know that a child or young person is being abused?
Child abuse is a form of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting by those known to them or, more rarely, by others (e.g. via the internet). They may be abused by an adult or adults, or another child or children.
The term ’child’ is used to include all children and young people who have not yet reached their 18th birthday.
Child abuse [*] is categorised as:
Physical abuse
Physical abuse may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a parent fabricates the symptoms of or deliberately induces illness in a child.
Sexual abuse
Sexual abuse involves forcing or enticing a child or young person to take part in sexual activities, not necessarily involving a high level of violence, whether or not the child is aware of what is happening. The activities may involve physical contact, including assault by penetration (e.g. rape or oral sex), or non-penetrative acts such as masturbation, kissing, rubbing and touching outside of clothing.
Sexual abuse includes non-contact activities, such as involving children in looking at, including online and with mobile phones, or in the production of pornographic materials, watching sexual activities, encouraging children to behave in sexually inappropriate ways, or grooming a child in preparation for abuse (including via the internet). Sexual abuse is not solely perpetrated by adult males. Women can also commit acts of sexual abuse, as can other children. In addition, sexual abuse includes abuse of children through sexual exploitation.
Emotional abuse
Emotional abuse is the persistent emotional maltreatment of a child, such as to cause severe and persistent effects on the child's emotional development, and may involve:
- Conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person;
- Imposing age or developmentally inappropriate expectations on children. These may include interactions that are beyond the child's developmental capability, as well as overprotection and limitation of exploration and learning, or preventing the child from participating in normal social interaction;
- Seeing or hearing the ill-treatment of another, e.g. where there is domestic violence and abuse;
- Serious bullying, causing children to frequently feel frightened or in danger;
- Exploiting and corrupting children;
- Some level of emotional abuse is involved in all types of maltreatment of a child, though it may occur alone.
Neglect
Neglect is the persistent failure to meet a child's basic physical and/or psychological needs, and is likely to result in the serious impairment of the child's health or development.
Neglect may occur during pregnancy as a result of maternal substance misuse, maternal mental ill health, learning difficulties or a cluster of such issues. Where there is domestic abuse and violence towards a carer, the needs of the child may be neglected.
Once a child is born, neglect may involve a parent failing to:
- Provide adequate food, clothing and shelter (including exclusion from home or abandonment);
- Protect a child from physical and emotional harm or danger;
- Ensure adequate supervision (including the use of inadequate care-givers);
- Ensure access to appropriate medical care or treatment.
It may also include neglect of, or unresponsiveness to, a child's basic emotional, social and educational needs.
Included in the four categories of child abuse and neglect above are a number of factors relating to the behaviour of the parents and carers which have a significant impact on children, such as domestic violence. Research analysing serious case reviews has demonstrated a significant prevalence of domestic abuse in the history of families with children who are subject to statutory child protection plans. Children can be affected by seeing, hearing and living with domestic abuse, as well as by being caught up in any incidents directly, whether to protect someone or as a target. It should also be noted that the age group of 16 and 17 year olds has been found in recent studies to be increasingly affected by domestic violence in their peer relationships.
For further information on the signs and symptoms of abuse, see the Types of Abuse Fact Sheet.
1.3. How do I know that an adult is being abused?
The introduction of the Care Act 2014, which came into force in April 2015 [*] , put adult safeguarding on a statutory footing for the first time, embracing the principle that the ‘person knows best’. It laid the foundation for change in the way that care and support are provided to adults, encouraging greater self-determination, so people maintain independence and have real choice.
Some adults are particularly vulnerable to being hurt or abused because they have a disability, illness, or impairment, and need help and support. Being dependent on others can sometimes make them vulnerable and at risk of abuse, very often from people they know.
What is meant by adult abuse and neglect [*] ?
Adult abuse is the violation of an individual's human and civil rights by any other person or persons. Abuse happens when a person who is unable to protect themselves is ill-treated or neglected. It may be a one-off incident or may happen repeatedly over time.
Anyone can harm an adult who is not able to protect themselves – for example, a partner, relative, friend, neighbour or care worker – and the abuse may take place anywhere, in a public or private place.
Adult abuse [*] is categorised as:
Physical abuse – any form of assault, over-medication, restraint or poor manual handling practice.
Sexual abuse – rape or any sexual act which was not actively consented to or the person did not have the capacity to understand.
Psychological/emotional abuse – threats, intimidation, coercion, harassment or bullying.
Financial abuse – theft, borrowing money without repayment and any pressure in connection with wills, property, possessions or benefits.
Neglect or acts of omission – ignoring medical or physical needs, not providing access to appropriate care, or the withholding of the necessities of life, such as medication, adequate food, water and heating.
Discriminatory abuse – all forms of harassment, slurs or similar treatment based on a person's disability, ethnic origin, gender or sexuality. This is often called hate crime.
Institutional abuse – repeated instances of poor care, ill treatment of vulnerable adults, and unsatisfactory professional practice. This is often an indicator of more serious problems.
Modern slavery – slavery, human trafficking, forced labour and domestic servitude.
Self-neglect – this covers a wide range of behaviour, such as neglecting to care for personal hygiene, health or surroundings, and includes behaviour like hoarding which puts the person, or others, at risk.
Who might be an adult at risk of abuse or neglect?
An adult at risk of abuse or neglect is an adult who has care and support needs, and who may be unable to protect themselves from either the risk of or the experience of abuse or neglect.
Abuse or neglect of an adult with care and support needs could happen anywhere; for example, in their own home, in a care home or nursing home, a hostel, in supported living, in homes where people are in Shared Lives arrangements, or in hospital.
Examples of people who might be at risk of abuse or neglect include:
- Someone who is frail, due to ageing;
- Someone with a serious health condition;
- Someone with a physical disability;
- Someone with a visual impairment;
- Someone with a hearing impairment;
- Someone with a learning disability;
- Someone with a mental health difficulty;
- Someone who has memory problems or dementia;
- Victims of domestic violence;
- Someone who is addicted to drugs or other substances;
- A carer.
Please note that some adults may not consider themselves vulnerable to risk or neglect, but may be vulnerable to being abused by individuals in positions of leadership and responsibility. As adults are not inherently vulnerable and in need of protection, it is important to recognise that the factors described above, of themselves, do not mean that a person is vulnerable to abuse or neglect. It is a combination of these factors and the circumstances that a person finds him/herself in that can make an individual vulnerable to abuse or neglect.
Abuse happens to people in all sections of society.
For further information on the signs and symptom of abuse, see the Types of Abuse Fact Sheet.
2. Reporting a safeguarding concern or allegation about a child or young person
This is the procedure that church officers and bodies must follow if they have a safeguarding concern or allegation about a child or young person. Please see below for the procedure flow chart.
2.1. Quick guide
If a church officer becomes aware that a child has or is suffering significant harm [*] through abuse or neglect or is likely to suffer significant harm in the future, this must be reported to the nominated safeguarding officer and the DSA within 24 hours.
If through discussion with the DSA, it is decided that a child may be suffering or be at risk of suffering significant harm, concerns must always be referred to children’s social care. At this stage, a referral to the police may also be required if a crime has been committed [*] . Depending on the situation, the DSA may decide to refer the concerns themselves or support the church body to make the referral. The timing of such referrals should reflect the level of perceived risk of harm, but be within 24 hours of identification or disclosure of harm or risk of harm.
A referral to children's social care and other emergency services (e.g. for any urgent medical treatment) must not be delayed by the need for consultation with either the nominated safeguarding officer or the DSA if they are not available.
If the child is considered to be at immediate risk of harm or danger, then this must be reported to the police immediately. This may also require contacting the children’s social care, including the emergency duty team (if the concern arises outside of normal office hours).
Whilst those making referrals should seek, in general, to discuss any concerns with the family and, where possible, seek their agreement to make referrals, this should only be done where such discussion and agreement-seeking will not place a child at increased risk of significant harm. This should only be done after advice has been sought from the nominated safeguarding officer and/or the DSA (see section 2.3).
2.2. What will the diocesan safeguarding adviser do?
- Offer advice and support to a church body;
- Consider the child’s safety throughout;
- Check whether a referral to children’s social care and/or police is necessary. Agree next steps;
- Consider any support needs;
- Record case information;
- Consider whether a safeguarding agreement is required;
- Contact communications colleagues to discuss communications within the church, as required;
- Inform the diocesan secretary and/or registrar to agree if notification to charity commissions and the insurance company is necessary;
- Consider whether other colleagues or those in other organisations need to be informed, following advice from children’s social care/police.
2.3. Do I need to obtain consent?
All people over the age of 16 are presumed, in law, to have the capacity to give or withhold their consent to the sharing of confidential information, unless there is evidence to the contrary.
For a child or young person under the age of 16 who can understand the significance and consequences of making a referral to children's social care, they should be asked their view. However, it should be explained that whilst their view will be taken into account, the Church has a responsibility to take whatever action is required to ensure the child's safety and the safety of other children.
Where a child under 16 years of age is concerned, the consent of their parent or carer should be obtained before their personal information is shared. If this is not possible due to the urgency of the situation, they should be notified that information has been shared as soon as possible. Where a parent or carer has been implicated in the abuse, or the child will be placed at further risk of abuse by involving the parent or carer, the information can be shared without consent.
If in any doubt seek the advice of the DSA. Where a decision is made not to seek parental permission before making a referral to children's social care, the decision must be recorded in the case record, dated and signed, and confirmed in the referral to children's social care.
A child protection referral from a church officer cannot be treated as anonymous, so the parent will ultimately become aware of the identity of the referrer. Where the parent refuses to give permission for the referral, unless it would cause undue delay, further advice should be sought from the DSA and the outcome fully recorded.
If, having taken full account of the parent’s wishes, it is still considered that there is a need for referral:
- The reason for proceeding without parental agreement must be recorded;
- The parent's withholding of permission must form part of the verbal and written referral to children's social care;
- The parent should be contacted to inform them that, after considering their wishes, a referral has been made.
Urgent medical attention
If the child is suffering from a serious injury, the church officer must seek medical attention immediately from accident and emergency services, and must inform the parent/carer and the duty consultant paediatrician at the hospital. Where abuse is alleged, suspected or confirmed, the child must not be discharged until children's social care has been informed. They will work with the hospital and other agencies to address any immediate protection issues.
2.4. Making a referral to statutory agencies
2.5. What to expect from children's social care
2.6. How to access early help services
3. Reporting a safeguarding concern or allegation about an adult