Introduction

The purpose of this code

This code imposes requirements on relevant persons to enable the assessment and management of safeguarding concerns and allegations. It also provides guidance to relevant persons on how to comply with the requirements. Both the requirements and guidance should be read together. The appendices contain further background and good practice advice.

The code is designed specifically for safeguarding officers and those who are involved in the management of cases.

It has become increasingly important to distinguish the purposes ofthe different processes that exist in respect of safeguarding, so that people are clear what to expect from each. 

• First, there is the process for responding to, assessing and managing safeguarding concerns about individuals.This process is about the identification and management of risk through the Safeguarding Casework Management Group (SCMG, previously Core Group).
• Secondly, there are the processes which focus on responsibility and accountability for actions, including the establishment of guilt. These processes include criminal investigation and prosecution, disciplinary processes for those with contracts of employment, and complaints under the Clergy Discipline Measure (CDM)for those who are ordained.
• The third process, ‘learning lessons’, is about taking a step back to try to understand why the events happened in the way they did, and what were any underlying organisational and contextual issues which contributed to them. Answering the ‘why’ question enables an organisation to learn and make improvements that will keep people safe in the future. Without these underlying issues being identified and addressed, there remains a risk that unsafe practice and organisational factors continue.

The code focuses on concerns and allegations about church officers. However, the code also includes guidance on responding to concerns that do not involve church officers and on managing risks posed by other individuals in a church community.

The code aims to ensure that:

• any safeguarding risks are identified, assessed and managed appropriately;
• where required, statutory services are informed and involved, and there is ongoing partnership work with those agencies to ensure the safety of children, young people and vulnerable adults;
• complainants (individuals who raise concerns or allegations) and respondents (individuals who are the subjects of concerns or allegations)receive appropriate and coordinated responses,that have regard to their wellbeing; and
• all safeguarding concerns or allegations are assessed and managed,regardless of whether a threshold for disciplinary action againstthe subject ofthe concern or allegation has been met, which is particularly important from a prevention perspective. 6 This code is not:
• a criminal justice process. Where appropriate, an investigation will be carried out by the police and may be followed by prosecution.
• a disciplinary process. The processes set out in the code do not replace the Church’s disciplinary processes, any human resource policies and procedures, and any other local disciplinary policies.

 However,the processes outlined in this code complement any action undertaken by statutory services such as police investigations or assessments by social services. Where relevant, the procedures outlined in this code should inform and assist both secular and church disciplinarily procedures and as far as possible should take place at the same time.

Overriding principles

The Church is not a single or uniform entity, but a multitude of organisations and communities bound together by
the love for God and the commitment to Christian values. Church bodies are supported by a range of individuals
and roles, including those who are office holders, employees, volunteers and those in elected roles. In addition, the Church serves parishioners and opens its doors to anyone who wishes to worship God. It is important, therefore, that safeguarding processes recognise this diversity and ensure that any risk assessment and management processes applied are tailored to specific roles and proportionate to the degree to which someone is involved with the Church.

The overriding principles under this code are:

1.  The safety and wellbeing of children, young people and vulnerable adults is paramount.
2. Consistent with Christian theology and acceptance that each human being is made in the image
   of God, complainants,respondents and others impacted by the concern or allegation will be treated
   with dignity and respect.
3. Complainants and respondents will have access to appropriate support whilst action underthis code
   is undertaken, recognising the potential of these processes to cause distress and lead to trauma.
4. The primacy of statutory processes and services is recognised, and responses to complainants and
   respondents should meet legal requirements and be underpinned by guidance from the relevant statutory authorities (e.g.the police, social care).
5. Effective partnership work, within the Church and with relevant organisations and professionals outside
   the Church, is key in ensuring that risks are effectively managed, processes are not duplicated, and
   complainants and respondents receive coordinated responses.
6. The safeguarding processes underthis code should be carried outin a transparent manner, and
   complainants and respondents will have access to information explaining these processes.
7. Complainants and respondents will have the opportunity to state their views, be listened to and be heard.
8. The safeguarding processes underthis code should be conducted efficiently and seek to avoid delays.
9. Clear records should be maintained at all stages, including records of key decisions, referrals and outcomes for all cases.
10. Whilst the requirements set out in this code must be followed, in certain circumstances flexibility can
    be applied to meetthe specific needs ofindividual complainants and respondents, orin orderto apply
    the code effectively in specific church settings.This can only be done on the advice ofthe statutory
    services or a Regional Safeguarding Lead (RSL) on behalf ofthe National Safeguarding Team (NST).

Legal framework

Section 5A of the Safeguarding and Clergy Discipline Measure 2016 was inserted by the Safeguarding
(Code of Practice) Measure 2021 and came into force on 1 March 2022.

The provisions replace the former ‘duty to have due regard’ with a duty for all relevant persons to comply
with the requirements of a code.

Where a requirement is imposed the code also gives guidance on how relevant persons can comply with the
requirement.The guidance sets out some good practice examples and explains why the requirementis necessary.
In other words, it explains ‘why and how’to deliverthe requirements. All requirements are marked as such and
are contained in a blue box.