Safeguarding in Religious Communities

This guidance adopts a ‘One Church’ approach, which means that the Religious Communities come under the House of Bishops safeguarding policies and practice guidance. As part of this approach, it promotes Religious Communities to make links with the ‘host’ diocese in respect of safeguarding training and support.

The House of Bishops commends this practice guidance for use by Religious Communities, Dioceses and the National Church Institutions. Failure to implement and adhere to this practice guidance may invalidate your insurance.

I hope you find this helpful.

Yours in Christ's fellowship,

+Paul

Bishop Paul Butler
Bishop of Durham

1.1. The Church of England has approved the following safeguarding policies1

• Promoting a Safe Church (safeguarding policy for adults) 2006
• Responding to Domestic Abuse (guidelines for those with pastoral responsibility) 2006
• Protecting All God's Children (safeguarding policy for children and young people, 4th edition) 2010
• Responding Well to those who have been sexually abused 2011
• Safeguarding Guidelines relating to Safer Recruitment 2015

The Safeguarding Guidelines relating to Safer Recruitment includes guidance on the use of criminal records checks obtained through the Disclosure and Barring Service (DBS) and the roles which are eligible for the checks.

1.2. These policies apply to all parts of the church for example, Dioceses, Cathedrals, Parishes, both internally within the organisations themselves, and externally in their pastoral work. The House of Bishops has also approved safeguarding practice guidance statements which can be found on the same website as the policies.

1.3. This practice guidance will apply to those Religious Communities registered with the Advisory Council on the Relations of Bishops & Religious Communities (commonly called ‘The Advisory Council’) but would be open to other communities to adopt if they wished. There are two types of Religious Communities which the Council is able to register.

1.4. The Recognised communities are those in which the members make vows or promises, share in a common life and live together, and have a Rule and Constitutions which provide for the ordering of their life.

1.5. The Acknowledged communities vary in their practice and lifestyle. In most cases the members are dispersed. In some communities, all the members are single, with a vow of celibacy, whilst in others members may be single or married. Some members of what is otherwise a dispersed community may have a shared life in one place. This fluidity and variety is encouraged in order to promote growth in community life in the Church.

2.1. A ‘One Church’ safeguarding approach 

The same safeguarding policies and practice guidance of the Church of England will apply across the whole Church of England including Religious Communities.

2.2. Safeguarding applies:

2.2.1. Internally (to relationships between individuals (religious and lay) in the Religious Community) and,

2.2.2. externally (when ministering to religious or lay outside the Religious Community).

2.3. Adopting a local safeguarding policy

Each Religious Communities must adopt a safeguarding policy.

2.4. Appointing a designated safeguarding person

Each Religious Communities must appoint a Designated Safeguarding Person.

2.5. Local access to safeguarding advice

Each Religious Community must seek advice from the safeguarding adviser for the Diocese, in which the house resides ^[*] .

2.6. Training for the community

Those that require training in the local Religious Community must attend safeguarding training organised by the local Diocesan Safeguarding Adviser ^[*].

2.7. Ensuring compliance with the community’s insurance policy

Failure to apply safeguarding guidance could invalidate the community’s insurance.

3.1. While recognising the diversity of Religious Communities and their unique contribution, a one church approach requires that the same policies, standards and practices apply across the whole of the Church of England;

3.2. Ensures expectations are clear for those who worship and practice inside and outside Religious Communities, and;

3.3. Seeks to get things right; but when things do go wrong, they are addressed and resolved.

4.1. Some might suggest that safeguarding is only relevant in external pastoral work and does not apply to the internal life of the community. However exploitation and abuse is most likely when vulnerability meets power. This can happen both within and outside the community. Some recent key findings from the National Crime Agency research into abuse in institutional settings are set out here. While the research applies to children and mainly relates to sexual abuse, in many cases the comments made could also apply to adults:

1) “Children [and adults experiencing, or at risk of abuse or neglect’] in institutional settings are not only at risk from adults who are inclined to abuse them …..; but also from adults who either fail to notice abuse or, if they do, fail to report it.

2) Where institutions put their own interests ahead of those of the children [and adults experiencing, or at risk of abuse or neglect’] who engage with them, abusive behaviours are likely to become normalised, potentially leading to ……. abuse.

3) The culture within an institution has a strong influence on the degree to which abuse might occur within it. Poor leadership, closed structures, ineffective policies and procedures together with the discouragement of reporting, facilitates a malign climate which colludes with those inclined to ……. abuse children [ and adults experiencing, or at risk of abuse or neglect’].

4) Where institutions are held in high regard and respected by the communities they serve, positional grooming can be perpetuated, whereby offenders conduct social or environmental grooming and mask their actions by virtue of their formal positions within an organisation.

5) Potential risks from those with abusive interest in children [and adults experiencing, or at risk of abuse or neglect’] who pursue work in institutions can be mitigated by vigilant and effective leadership and management.

6) Intense loyalty and conformity of workers to the mission, norms and values of an institution can inhibit them from reporting concerns.

7) The historic nature of many cases currently exercising media attention, together with developments in safeguarding, might give a false perception that this type of offending can no longer occur. Offenders continue to exploit systemic vulnerabilities where they exist.”

4.2. Abuse that might apply in an institutional setting includes, physical, sexual, emotional (including harassment, bullying and discrimination), financial / legal, neglect, domestic violence and abuse and spiritual abuse – see the full range of abuse in the church policies ^[*] .

5.1. Each Religious Community must adopt a safeguarding policy that includes children and adults ^[*] .

5.2. The safeguarding policy could be one that is adapted from the Religious Community, from the local Diocese or a model policy, based on the Church of England safeguarding policies, shown at appendix 1.

5.3. The safeguarding policy should be readily accessible to those inside and outside the community – religious and lay.

5.4. The safeguarding policy must always indicate how safeguarding issues or complaints will be handled in line with the Church of England safeguarding policies and practice advice. It must indicate who the designated safeguarding person (DSP) is. The role of the DSP is described below.

5.5. The leader of the Religious Community should ensure that the local safeguarding policy is reviewed at least every three years.

5.6. The individual who is in a leadership role in the Religious Community will take lead responsibility for managing safeguarding issues that involve the community in accordance with the Church of England’s safeguarding polices and practice guidance. They must always take advice from the Diocesan Safeguarding Adviser (DSA) ^[*] in matters relating to serious safeguarding situations ^[*] . They must also advise the episcopal visitor who is the normal court of appeal for the maintenance of the community’s discipline about serious safeguarding situations.

6.1. It is the responsibility of the Leader of the Religious Community and the governing body to ensure safeguarding arrangements are in place, to monitor and action them. The Leader and the governing body have responsibility for dealing with complaints.

6.2. Each Religious Community must appoint a DSP. The DSP should not be the Leader of the Religious Community. The DSP could be a member of the community, a trustee or someone identified outside the community, maybe in discussion with the diocese, who could take up this role.

6.3. The DSP must be trained in basic safeguarding and be aware of the safeguarding policies, procedures and practice guidance of the Church of England.

6.4. The role of the DSP is to provide advice and support to all members of the community, leaders, guests and visitors. They must liaise with the local Diocesan Safeguarding Adviser about training and clarification over policy issues when they are not clear. The DSP does not have to be an expert in the area of safeguarding but takes day to day responsibility for safeguarding practice, awareness raising and training within the Religious Community. The DSP should be aware of the role of the episcopal visitor and their involvement in the maintenance of the community’s discipline.

6.5. The Religious Community must ensure that there is a clear reporting arrangement between the DSP, leaders in the community and the episcopal visitor. In this way the community leaders, their governing body and the episcopal visitor can ensure compliance with safeguarding guidance. The Religious Community and its governing body must make sure that it has adequate insurance (see paragraph 8) to cover its activities and any claim that might arise. The governing body, including the episcopal visitor, should be aware of the need to report serious safeguarding situations to the Police, to the Local Authority Designated officer and to the DSA. Indeed, it is important to cultivate an environment that provides a clear and concise method of reporting any alleged safeguarding incidents and ensure that those that do report are treated with respect and their disclosures given proper consideration.

6.6. If communities are charities, there are specific duties in relation to safeguarding vulnerable groups that are imposed on the trustees. They must comply with relevant guidance from the Charity Commission and relevant charity legislation. Paragraph 7 of the Charity Commission’s guidance “Reporting Serious Incidents – guidance for trustees” states:-

Trustees of charities which work with vulnerable groups and children have a duty of care to their charity which will include taking the necessary steps to safeguard and take responsibility for those children and vulnerable adults. They must always act in their best interests and ensure that they take all reasonable steps to prevent any harm to them. So it is vital that they develop, implement and monitor effective safeguarding policies and procedures.

6.7. The Charity Commission states that charities that work with vulnerable groups must put safeguards in place to protect vulnerable people from abuse and prevent abuse happening in the first place. For instance, by:-

6.7.1. Making trustees, staff and volunteers aware of what abuse is, how to recognise it and how to prevent it;

6.7.2. having a clear system of reporting concerns as soon as abuse is identified or suspected;

6.7.3. responding to abuse rapidly and carrying out investigations responsibly and where appropriate, reporting incidents to the police, social services and other agencies, including the Charity Commission;

6.7.4. preventing harm and abuse with a rigorous selection and interview process, (including any necessary checks to ensure that individuals who are trustees, staff, volunteers etc. are legally able to act in positions involving vulnerable beneficiaries); and

6.7.5. having a policy for safeguarding its vulnerable beneficiaries, which is kept under regular review and if an incident does occur making any necessary changes to policies, procedures and working practices to manage and minimise the risk of a further incident occurring.

6.8. Trustees have a duty to report any serious incidents to the Charity Commission ^[*]. This is a wide duty and will include suspicions, allegations and incidents of abuse or mistreatment of vulnerable beneficiaries. Trustees have a duty to inform the Disclosure and Barring Service (DBS) of anyone unfit to work with children or vulnerable adults ^[*] . The DSA will provide advice on approaching the DBS.

6.9. It is important to recognise that when an incident occurs and there are poor safeguarding standards at the charity concerned, this will damage public confidence and trust, not only in the relevant charity, but also in charities in general. This will be particularly the case if the trustees did not act responsibly and effectively when dealing with a case and could have, in fact, done more to prevent an incident occurring in the first place. Therefore, the Charity Commission considers safeguarding of critical importance. The Commission states this is why trustees of charities, particularly those which work with vulnerable beneficiaries, should take their duties seriously. Indeed, if trustees have failed to protect vulnerable beneficiaries to the best of their abilities and not carried out actions to minimise the risk of abuse, the Commission may regard this as misconduct and/or mismanagement in the administration of the charity.

7.1. Should a serious safeguarding incident occur the Community Leader should inform the Episcopal Visitor as this might well have a bearing on their next Visitation. It is not the role of the Episcopal Manager to manage safeguarding complaints but it is the role of the Episcopal Visitor to check that safeguarding polices and arrangements are in place when they visit.

8.1. Some Religious Communities have houses in a number of dioceses. Advice on safeguarding and the provision of training should be obtained from the DSA in the diocese where the need for advice, training or a serious situation arises. This is because The DSA will have knowledge and links with the local police and local safeguarding statutory agencies.

8.2. The DSA must always be informed about serious safeguarding situations and should be contacted for safeguarding advice. Situations when advice must be obtained are set out in the Practice Guidance Responding to serious safeguarding situations relating to church officers. ^[*]

8.3. The DSP must liaise with the DSA about the availability of Diocesan safeguarding training and plan training for the whole community.

8.4. The DSA, as part of their safeguarding role with Religious Communities should check with the DSP who requires training and ensure that they are trained and that the training is refreshed every three years. The DSA can also discuss with the DSP his/her own training requirements.

8.5. The appropriateness of training for community members who are inactive, frail or sick should be considered on a case by case basis.

9.1. Failure to apply safeguarding policies, procedures and good practice guidance could invalidate the community’s insurance should a claim arise.

9.2. Always check with the insurance company about its position in relation to safeguarding insurance including the death or bodily injury to a third party.

9.3. Further advice can be found Protecting All God’s Children paragraph 5.35