N  CHILD PROTECTION: DIOCESAN POLICY AND PROCEDURES

1  Introduction

(a) The diocesan policy (previously published in booklet form as the Care and Protection of Children: London, 1998) is now included as part of this Handbook.  The requirements set out in this section are made principally for the protection of children.  They are also intended to protect the Church – its ministers, members and employees – from false accusations and from charges of negligence.

(b) The Diocese, its constituent chaplaincies and congregations, and all in positions of authority or leadership, are bound by the Church of England's policy on the protection of children.  That policy is set out in the House of Bishops Policy on Child Protection, and forms the basis for the Diocese in Europe's policy and guidelines for good practice. Each Chaplaincy Council must follow the diocesan policy and procedures; however, local law may, in certain countries, require additional procedures.

(c) The House of Bishops has adopted the age prescribed in the UK Children Act 1989 for the purposes of its child protection policy.  Under that Act a child is defined as a boy or girl under the age of 18.

(d) This section provides advice on good practice, which is the main way that children and young people are protected.  The advice should be followed as closely as possible.  If changes are made for practical purposes these should be equally safe and follow advice from the diocesan child protection adviser.

(e) The Bishop has appointed a diocesan child protection adviser who may be contacted through the Bishop's Office or the Diocesan Office.  Advice on matters of policy, and on individual cases, may be sought from the diocesan child protection adviser.

(f) The Bishop (or the suffragan bishop) should be informed immediately of any allegation against an ordained minister or lay worker, or any relevant incident in any way to do with the life of the chaplaincy or any chaplaincy organisation.

Those listed in sub-sections below are covered by the requirements of the child protection recruitment procedure.

2  Ordained and Lay Ministers

(a) The following are included:

• persons who hold the Bishop's Licence, or Permission to Officiate, whether ordained or lay, including those under Section B
• Commissioned diocesan lay assistants
• readers-in-training

(b) Before appointment (or acceptance for training) the suffragan bishop, or assistant diocesan secretary, will ask those short-listed to complete a Child Protection Declaration and provide the supporting documents required.

(c) Thereafter, the vetting procedure as required by the House of Bishops' Guidelines, and / or (where it exists) an equivalent procedure in their country of origin and / or residence, will be applied.

(d) In addition those who are to attend a Bishops' Selection Conference for public ministry are required to complete a Child Protection Declaration provided by the Ministry Division of the Archbishops' Council.

3  Employees

(a) Employers (chaplaincy councils) are responsible for requesting the completion of the Diocesan Child Protection Declaration and for screening their (prospective) employees including ―

• paid officers of the Diocese and its constituent chaplaincies and congregations who have contact with children
• child and youth workers, whether paid or voluntary.

Note:  It should be noted that 'employees' here does not include either chaplains or assistant chaplains.

(b) The completed Declarations must be retained with the chaplaincy records

4  Diocesan Child Protection Declaration forms

The Diocesan Child Protection Declaration pro-forma is circulated annually to chaplaincies, but is available at any time from the Diocesan Office.

5  Churchwardens

Those nominated for election as churchwarden must sign the Churchwarden's Declaration, which is circulated annually to chaplaincies, but is available at any time from the Diocesan Office.

It should be noted that the information in this section is correct at the time of publication. Changes to the procedures or supplementary information will be made available by the Diocesan Office.

The Care and Protection of Children: policy, procedures and good practice for the prevention of child abuse

Preface

It is necessary for all those responsible for congregations and organizations in the Diocese in Europe to be aware of the diocesan child protection policy and to implement it as appropriate to their circumstances.  It is important to understand that these policies and procedures are a minimum requirement.  Local or national law may demand a higher standard in the care and protection of children.  It is the responsibility of each chaplaincy to be aware of the care and protection of children practice and to comply with local and national law and regulations.

Failure to implement the policy could invalidate any third-party liability insurance, or leave a Chaplaincy Council open to the possibility of being sued for negligence, should a child or young person come to harm whilst the church has responsibility for the child or young person.

The diocesan booklet The Protection of Children (1997) has been updated following revision of UK Government guidance in Working Together to Safeguard Children (1999) and the House of Bishop's policy document Policy on Child Protection (1999).

A booklet on good practice in child protection is available which contains:

• Recommended good practice:  including advice to create a safe environment for children. Whilst good practice guidelines are more flexible it is also the main way in which children are protected and recommended good practice should be followed as closely as possible. Changes to this section should only be made after seeking the advice of the diocesan child protection advisor.
• Information and background material which may be of interest.
• Forms, information and guidelines for implementing the policy and procedure.

The diocesan child protection advisor is available to help with any issues regarding implementation of policy, procedure and good practice guidelines.

This section is structured around the key aspects of policy and procedure:

• I  Policy – general statements of intent and underlying principles. NB  The statements contained in the Policy must be adhered to.
• II  Procedures – administrative routines and other directions that must be followed to comply with a minimum of safe practice.

I  Policy: general statements of intent and underlying principles

N1  Diocesan child protection policy statement

(a) We the bishops, clergy and people of the Diocese in Europe are committed to the physical, emotional and spiritual well-being of all the children in our care.  Many children are involved in the life of the church, in worship and in various activities, under the guidance of a dedicated group of leaders and helpers.   These adults give their time freely and generously so that our children can grew in the faith of Jesus Christ.  Both children and adults need a safe and secure environment in which to work.

(b) The Diocese is committed to the implementation of the House of Bishops Policy on Child Protection (see N3) and the UK Home Office code of practice Safe from Harm (see N4) within the context of the UK's Children Act 1989.

(c) The Diocese provides a child protection advisor to advise its bishops, and to offer advice and training to chaplaincies.

(d) The Diocese is responsible for establishing procedures for responding to allegations of child abuse and for recommending good practice to be followed by all chaplaincies.

(e) The Diocese will offer training on the child protection policy, procedures and good practice document to all clergy and to those lay people working with children and young people.

(f) The Diocese will monitor the implementation of the diocesan child protection policy through an archdeacon's Articles of Enquiry which are completed from time to time by churchwardens.

(g) It is diocesan policy that no-one who has been convicted or cautioned for a sexual offence against a child will be able to work in a paid or unpaid position which could bring them into contact with children; nor can they be part of mixed-age activities, for example choir, servers, bell-ringers, etc run by the church.

(h) A person convicted or cautioned of any other offence against a child, or for whom there are unresolved serious allegations outstanding, will only be allowed to work with children, or be part of mixed-age activities, with the written agreement of the Bishop or incumbent following consultation with the diocesan child protection advisor.

(i) People convicted of or cautioned about an offence against a child will be subject to an individual agreement defining attendance at worship and other church activities.

N2  The Church's commitment to the prevention of abuse

(a) The Church of England recognizes the reality of the abuse of children that can sometimes occur within the community of the Church.  The Diocese and each chaplaincy wish to play their part together with parents, carers, schools and other agencies in the prevention of such abuse.

(b) An abused child is defined as a boy or girl of 17 years of age or under, who has suffered from or is believed to be at significant risk of physical injury, neglect, emotional or sexual abuse.

(c) Most abuse of children and young people is committed by someone known to them and trusted by them, either within the family, among their friends, or in the local community.

(d) While there is no single way to prevent opportunities to abuse, various measures can be used to lessen the risk of abuse occurring, these measures make up the diocesan policy and include —

• procedures for the Diocese, chaplaincies and other church organizations to use following the discovery or disclosure of abuse.  There is also advice on recognising the signs of child abuse.
• procedures to be followed for the appointment of those holding the Bishop's Licence, Permission to Officiate, employees and those volunteers who have access to children.  By careful recruitment the church seeks to prevent previous abusers from gaining access to children for whom it is responsible. It is recognized that the checking of criminal records and obtaining certificates of good conduct are only a minor part of this process.
• recommended good practice to be followed by all those working with children and young people in order to decrease opportunities either for abuse, or for adults to put themselves in a position of vulnerability or temptation.  This includes advice on providing a safe physical environment.

(e) It is also important that children and young people are educated on the ways they can protect themselves. This can be provided through training at chaplaincy or diocesan level and can include advice in this area for parents.  Ongoing support and training for those who work with children is vital so that workers and volunteers feel confident in what they are doing.

(f) The policy, procedures and recommended good practice booklet are issued on the authority of the Bishop of the Diocese, and are to be used by all organizations which are under the auspices of the Diocese and chaplaincies.

(g) Careful implementation of this policy and clear communication of its elements to the congregation, including parents and children, will play a vital role in the Church's commitment to the care and protection of children. It will help to ensure that children in the church are kept safe from harm from those who might abuse them.

N3  House of Bishops policy on child protection

(a) All the bishops of the Church of England have agreed the House of Bishops Policy on Child Protection and its accompanying guidance.  This policy, along with the UK Home Office's code of practice Safe from Harm, forms the basis of this Diocese in Europe document.  The House of Bishops' Policy on Child Protection is accepted by the church insurance company Ecclesiastical Insurance Group as the minimum required to fulfil insurance requirements.

(b) It should be noted that the definition of clergy here includes those in episcopal orders, and retired clergy holding Permission to Officiate.  It also includes clergy of other Anglican Churches, and clergy of other Churches acting on the basis of, or seeking permission from, one of the archbishops to exercise their ministry in the Church of England.

(c) The Policy

1 Christians are called to recognize the unique status of children. There is a special need to respect them as individuals and protect them in their vulnerability. Jesus warned that those who exploited or abused children deserved profound condemnation. Within the kingdom of God, children matter in their own right and are to be taken seriously.

2 The Church is required by God to foster relationships of the utmost integrity, truthfulness and trustworthiness. Clergy and laity who work with children within the Church in any paid or voluntary capacity need to operate within a carefully thought-out framework of good policy and practice which will ensure that children are safeguarded and nurtured physically and emotionally as well as spiritually. Clergy and laity need to exercise the greatest care in their use of power and authority. They must avoid taking advantage of their position of trust.

3 The highest professional standards will therefore be maintained in all pastoral, counselling, educational, worship and recreational situations. The exploitation of any relationship for self-gratification will not be tolerated.

4 The Church of England accepts the principle enshrined in the UK Children Act 1989 that the welfare of the child is paramount.

5 Allegations of abuse will be taken seriously and appropriate steps will be taken.

6 The Church of England will collaborate fully with the statutory and voluntary agencies concerned with child abuse. It will not conduct investigations on its own.

7 All those working or seeking to work with children will be properly recruited, trained and supported, and will be subject to whatever supervision is appropriate.

8 All candidates for ordained ministry and accredited lay ministry will be asked to declare whether they have any criminal convictions or whether certain types of orders of the civil courts have been made against them. They will also be asked whether they have caused significant harm to a child or put a child at risk of significant harm.

9 The following will be asked to complete the confidential Declaration form —

(a) all clergy, whether stipendiary or not, who hold or are seeking to hold an office, a Bishop's Licence or a Permission to Officiate or exercise their ministry,

(b) all members of the accredited lay ministry (including lay workers within the meaning of canon law and readers) who hold, or are seeking, a licence or permission to exercise their ministry.

(c) all paid staff and volunteers working or seeking to work in a capacity which involves work with children or which is likely to involve opportunities for unsupervised contact with them.

10 A search in the British Department of Health's Consultancy Service index (soon to be superseded by the Criminal Records Bureau – Disclosure) will be made against all candidates for ordained ministry or accredited lay ministry, who hold a British Passport.   All those in categories (a) and (b) above and those working or seeking to work as paid staff as set out in category (c).  Those individuals who are not British nationals will be asked to provide evidence as appropriate from their own country's Criminal Records bureau or similar organization or agency.

11 In the case of all those seeking to do paid or unpaid work under category (c) above references will be obtained which satisfy the recommendations in the UK Home Office's code of practice Safe from Harm.

12 The procedures under the above categories will be repeated on the person concerned seeking to move to a new appointment or position or new work.

N4  UK Home Office document: Safe from Harm

The Diocese uses the following recommendations from the UK Home Office's Safe from Harm: a code of practice for safeguarding the welfare of children in voluntary organizations as the basis of its procedures and recommendations.

• Adopt a policy statement on safeguarding the welfare of children.
• Plan the work of the organization so as to minimize situations where the abuse of children may occur.
• Introduce a system whereby children may talk with an independent person.
• Apply agreed procedures for protecting children to all paid staff and volunteers.
• Give all paid staff and volunteers clear roles.
• Use supervision as a means of protecting children.
• Treat all would-be paid staff and volunteers as job applicants for any position involving contact with children.
• Gain at least one reference from a person who has experience of the applicant's paid work or of their experience with children.
• Explore all applicants' experience of working or contact with children in an interview before appointment.
• Find out whether an applicant has any conviction for criminal offences against children.
• Make paid and voluntary appointments conditional on the successful completion of a probationary period.
• Issue guidelines on how to deal with the disclosure of abuse.
• Train paid staff and volunteers, their line managers or supervisors, and policy makers in the recognition and prevention of child abuse.

N5  Chaplaincy Policy

(a) It is the legal responsibility of each Chaplaincy Council to fulfil their duty of care towards children during worship and in all church sponsored activities. The Chaplaincy Council must implement the diocesan child protection policy and provide a safe environment for children, young people and volunteers.

(b) Every year the Chaplaincy Council should confirm the chaplaincy policy statement - this is a general statement of intent. They should also agree any local implementation details in addition to the diocesan Policy, using the guidelines found in the Child Protection booklet as a framework.

(c) The chaplaincy policy statement should be displayed in the church and a signed copy sent to the diocesan child protection advisor. A model statement is given as Appendix 3 of The Care and Protection of Children (1998), p.21.

(d) The Chaplaincy Council must appoint a chaplaincy child protection representative, who will be responsible on behalf of the incumbent and Chaplaincy Council for implementing the diocesan policy and any local additions.  The child-protection booklet has a description of the representative's role.  It would be helpful if the representative could be co-opted onto the Chaplaincy Council.

(e) The diocesan child protection advisor should be informed of any change of chaplaincy child protection representative.

(f) Some chaplaincies may not be providing children's or mixed-age activities at the present time. The Chaplaincy Council should still pass a proposal accepting the diocesan policy and complete the chaplaincy Policy Statement even though they have nothing to implement at the moment. This document should be sent to the diocesan child protection advisor so that a full record of complying chaplaincies can be kept.

(g) Failure to follow the procedures and to ensure that good practice is followed could result in the chaplaincies third-party liability insurance being invalid.

II  Procedures – administrative routines and other directions

N6  Monitoring the Diocesan Child Protection Policy

The diocesan policy and its implementation in chaplaincies will be monitored by the archdeacons when they send out their articles of enquiry.

N7  Chaplaincy procedures

The Chaplaincy Council is the responsible body for church activities that are carried out under its auspices or control.  The council has a duty of care towards its children and young people and must ensure that the procedures set out in this section are implemented.  The Chaplaincy Council should also do its best to follow the required guidelines of good practice.

Each Chaplaincy Council must provide an implementation document setting down how it will administer the policies and procedures.

Any changes to the recommended good practice guidelines must be discussed with the diocesan child protection advisor.

The Chaplaincy Council should review both its policy statement and its implementation document every year.

It is suggested that the chaplaincy child protection representative makes a report at the chaplaincy's annual general meeting and that the policy is reviewed soon after this meeting so that new members of the Chaplaincy Council can become aware of their responsibilities.

N8  Chaplaincy Child Protection Representative

Each Chaplaincy Council must appoint a child protection representative to be responsible under them for implementing the diocesan child protection policy.

Chaplaincy child protection representative should be an independent lay person with some professional interest in children, e.g., a teacher, health visitor, foster parent, social worker etc.

Ideally the representative should be someone who is not already an office holder, nor responsible for children or youth work in the chaplaincy.  This is so that independence is maintained.

The chaplaincy representative will be responsible for —

• implementing the diocesan policy
• making any extra recommendations required for the particular circumstances of a chaplaincy and having those agreed by the Chaplaincy Council.
• receiving, with the incumbent, any concerns about children or adults in the chaplaincy and making sure that proper advice is sought and proper referrals made.
• administering the process for new appointments, sending out Declaration forms and reference letters and making sure any further vetting checks are made if appropriate.
• being a member of the interviewing panel for any new appointments to represent child-protection concerns.
• being the link person between the diocesan child protection advisor and the chaplaincy.
• The chaplaincy representative may also be responsible for —
• being the named independent person to whom children are encouraged to talk.
• supporting the children's and young people's workers through regular meetings.
• providing or arranging provision of training in child-protection matters for all workers.

The chaplaincy representative should work closely with the incumbent and if possible be co-opted onto the Chaplaincy Council.   He or she should make a report to the council at least once a year.

N9  Recruitment procedures for the Diocese

The Bishops will ensure that clergy and lay people who hold the Bishop's Licence or Permission to Officiate are carefully recruited; sign the Confidential Declaration form and are further vetted as appropriate.  Any Declarations involving possible harm to a child must be discussed with the diocesan child protection advisor.

N10  Recruitment procedures for chaplaincies

The chaplaincy should agree as part of their implementation policy —

• How they are going to appoint new workers with children and young people.
• Which people will be involved in the selection process: e.g., incumbent, child-protection representative, children's coordinator.
• Which adults come under these procedures (i.e., any adult looking after, or responsible for, any child or young person who are not his or her own).  It is important to include those people who could have easy access to children, for example caretakers, vergers or mini-bus drivers.
• That the chaplaincy child protection representative should be responsible for getting references and Confidential Declaration forms completed.
• That children's or young people's leaders should inform the chaplaincy child protection representative if there is a need for more helpers so that the recruitment procedure can be initiated.
• That the chaplaincy child protection representative, with others as appropriate, should agree what the task or job is:  the experience required, level of responsi-bility, time commitment etc
• Seek possible workers.  Do not recruit people who have not been part of the congregation for at least 6 months unless it is possible to obtain references from their previous incumbent.
• To ask applicants to complete the application and information form.
• To send out pro-forma reference letters. Two references must be sought of which one should comment on the person's suitability to work with children.
• To interview the applicants.
• Ask successful applicants to fill in the 'Confidential Declaration', and return it in confidence to the incumbent. If there are any matters regarding children disclosed, contact the diocesan child protection advisor to discuss the matter. The incumbent should ensure that his/her chaplaincy child protection representative knows that the Declaration has been completed satisfactorily.  All forms should be kept securely and retained indefinitely by the incumbent.
• Ask successful applicants to read the diocesan child protection policy, and then to sign the contract agreeing to follow the child protection policy to the best of their ability.
• Agree a probationary period with the worker and agree a time to review their work.
• New volunteers could be commissioned to the work during a Sunday service so that the whole congregation is aware of the work.
• Helpers between the ages of 14–18 do not complete a Confidential Declaration form but they could be interviewed and sign a contract agreeing to follow the child protection procedures and recommended good practice.  They should never be responsible for a group or a crèche.
• Volunteers should be regularly supervised and supported by a person appointed by the chaplaincy child protection representative.

N11  Arrangements for further vetting (UK Criminal Records Bureau - Disclosure)

A new Criminal Records Bureau - Disclosure is being set up in the UK to coordinate the vetting of employees and volunteers where contact with children is possible. The full service will become fully operational during 2002.  This service, for which there is a charge, can be accessed by the Diocese for those people who hold a British Passport.  The 'Disclosure' procedure will provide a check against police records and those records held by the UK Department of Health and the Department for Education and Employment. Certain police intelligence may also be available.  Further information will be made available about the Disclosure Bureau as it becomes available.

N12  Criteria for the further vetting of volunteers

The UK Home Office gives advice on how to make a decision about which volunteers should be vetted more thoroughly.  This further vetting criteria is based upon whether the volunteer has 'significant contact' with children.

• Does the work of the volunteer involve one-to-one contact with children and young people?  Is there likely to be contact on a regular basis, away from the child's home or separate from other adults?
• Is the work unsupervised?  Is there likely to be times when no other responsible adult is present?
• Is the situation an isolated one?  Are there likely to be times when the volunteer has responsibility for children or young people's residential weekends or residential activities?
• Is there regular contact with an individual child or a group of children and young people?  The more regular contact a person has with the same child or same group of children, the greater the opportunity to put the child at risk.  Is the volunteer working on a regular basis with one child or a group of children or young people?
• Are the children vulnerable?  It is considered that younger children are more vulnerable and less able to protect themselves than older children.  Children with a physical or learning disability or who have emotional or behavioural problems are likely to be more vulnerable than those who are without disability and/or who have a stable home background.

These questions are useful indicators to decide whether a volunteer should be requested to evidence their Confidential Declaration form. The above factors need to be considered when deciding whether or not to ask for a more detailed check on a volunteer.

Greater levels of care are required when recruiting workers who will come into contact with children who are potentially more vulnerable, or where the work will take place in isolated circumstances. The Chaplaincy Council needs to be assured that everyone working with children is responsible and trustworthy.

If a check is required, ask the worker to fill in the UK Department of Health form (obtainable from the Diocesan Office) as well as an information/application form and a Confidential Declaration form.  Check the information against the person's birth certificate and note that on the form.  Send the UK Department of Health form only to the diocesan child protection advisor for processing.  The diocesan child protection advisor will keep a record of the check and inform the incumbent of the result.

N13  Procedures to be followed if there are allegations or suspicions of child abuse

Any suspicion, allegation or disclosure that a child is suffering, or is likely to suffer, significant harm, must be referred to the organization who deal with matters of child protection. If there is any uncertainty about who to approach, then the Diocesan Office and the diocesan child protection advisor should be notified as soon as possible.

Information on definitions of the terms 'child abuse' and 'significant harm' can be found in the diocesan booklet The Care and Protection of Children, p.6.  Advice on listening to children can also be found in the booklet, p.16.

There are several ways in which concerns about a child can become apparent —

• by an allegation made by the child directly.
• by reports or allegations made by a parent or another person.
• by observing signs and symptoms of abuse.
• by the admission from someone who says that they are harming a child.

Each Chaplaincy Council, as part of their implementation document, must make clear who in the chaplaincy should be told about concerns regarding children and young people. This will usually be the chaplaincy child protection representative with the support of the incumbent and, usually, a churchwarden. The chaplaincy child protection representative should make sure that all people working with children are aware of their responsibilities in the event of any Child Protection concern and of the process that is to be followed.

The diocesan child protection advisor must be informed, as soon as possible, of all incidents concerning the chaplaincy and of any referrals made or being considered. If an allegation concerns the incumbent, the Bishop must be informed as well as the diocesan child protection advisor.

It is the responsibility of the chaplaincy child protection representative or other named person to make sure that appropriate referrals are made to the local organization or agency which has responsibility for child protection.  They should make clear that the referral is regarding a matter of the care and protection of children.

Important note:   In the case of serious allegations, or if it is possible that a criminal offence has been committed – for example a physical or sexual assault – care should be taken not to inform the parents or the alleged offender.   To do so may compromise any investigation that is required.   In these circumstances an agreement should be made with the police and investigating organization or agency about who should be given information and when that information should be given.

During child protection investigations it is not unusual for the alleged offender to be withdrawn from any contact with children or young people. This is a neutral act and is done without prejudging the person concerned.

All actions regarding a child protection concern must be recorded, signed and dated.

N14  Further information about making a referral to relevant agency or organization

The chaplaincy child protection representative should be aware of the agency or organization that deals with matters of child protection.  The chaplaincy child protection representative will coordinate the chaplaincy response.

As child protection organizations and agencies operate in different ways it would be wise for each chaplaincy to be aware of local practice and have a named person to contact.  In some countries it may be more difficult to identify the child protection agency.  If there are difficulties in this area then the Diocesan Office or the diocesan child protection advisor should be contacted. 

When making the referral give the appropriate person as much detail as possible, describing the event or disclosure, as well as information about the child and family.  Distinguish between fact and opinion, what is first hand knowledge and what has been heard from others.

The referral should be followed up with a letter, a copy of which must be sent to the diocesan child protection advisor.

The person directly involved with a disclosure or observation involving child protection should —

• be prepared to have further discussions with the appropriate agency or organization;
• be prepared to  be involved with any due process as a result of the referral.  Continue to support the child and seek personal support for themselves;
• give evidence in court if required to do so.

N15  Reports of child abuse from parents or other concerned individuals

Other adults may be aware of abusive situations and be reluctant to inform the relevant authorities. Where possible these people should be encouraged to discuss the matter with the responsible agency or with another trusted professional with child protection training.

It is the responsibility of the church to inform the responsible authority of the allegation so that the child or young person and other children are protected if necessary.

N16  Disclosures from abusers – matters of confidentiality

People who abuse children will rarely admit to what they have done.  A priest may, however, hear the confession of an abuser.  Since seal of the confession is absolute, the priest must therefore urge the person to report the matter to the organization or agency with responsibility for child protection investigations. The priest should consider withholding absolution until this evidence of repentance is seen.

Priests should make sure that the person concerned is clear whether what is taking place is formal confession 'for the unburdening of conscience' or a pastoral discussion. If priests have concerns about matters of confidentiality they should consult their Bishop or the diocesan child protection advisor.

The disclosure of child abuse may take place in a pastoral setting outside of formal confession. Whilst a person's right to confidentiality is of the highest importance it is not absolute. If it is considered that a child or young person is at risk of significant harm the person hearing the disclosure must follow the diocesan child protection policy and procedures.

The alleged child abuser should be assured that they will be helped within the constraints of the law and subject to the paramount need to safeguard the welfare of children.

Advice on confidentiality when listening to children can be found in the diocesan booklet The Care and Protection of Children, p.16.

N17  Historical allegations

It is quite common for adults who were abused as children to make allegations of the abuse some years after the event. This may be as a result of seeing the abuser approaching another child, or perhaps their own children have reached the age when they themselves were abused.

The adult making the allegation may need advice about where to seek counseling and support.

The diocesan child protection advisor must be informed of all allegations involving a member of the chaplaincy.

It will be the responsibility of the adult concerned to decide whether they wish to seek legal redress. It is the responsibility of the chaplaincy following consultation with the diocesan child protection advisor to decide whether there might be children now at risk.

N18  Advice about child abuse referrals

The diocesan child protection advisor is available to discuss concerns about children and young people or the behaviour of adults.  It may also be possible to seek advice from the local agency that is responsible for child protection without giving personal details. The seeking of advice should not delay a referral.  Delay can prevent a conclusive investigation from being carried out.

N19  Records – The [UK] Data Protection Act, The Human Rights Act

It has always been important to keep accurate records of any child protection concerns, disclosures or allegations. This continues to be the case.

Facts observed or disclosed should be accurately recorded, signed and dated.  Opinions should not be included.

If any records are to be kept without the subject of the record knowing, it should be made clear why this is so, for instance if there appears to be a worrying pattern of behaviour which needs to be monitored. Try to be consistent about what is kept so that it can be justified if necessary. Actions taken and decisions made should all be noted. It should be recorded who knows about the information, for example, the subject of the record, the parents etc.

All records should be kept securely either by the chaplaincy child protection representative or the incumbent.  All confidential material should be placed with the archdeacon during an interregnum or equally safe arrangements made.  Confidential Declaration forms should be kept indefinitely by the Bishop or incumbent.  Information should not be kept once a situation has been resolved.  If you have any concerns about keeping a particular record please consult the diocesan child protection advisor.

The Human Rights Act includes both the right to privacy in family life and also the right not to be harmed.  It is expected that the courts will uphold the need to pass on information for the purposes of protecting a child.  The highest degree of confidentiality consistent with this should be maintained.

It is important that each chaplaincy is aware of their own country's laws and regulations concerning data protection and the Human Rights Declaration.

N20  Communication with the Media

In the event of an incident all communications both within and outside the Diocese will be handled by the diocesan communications officer who will consult with the Bishop, the chaplaincy and the diocesan child protection advisor.  Particular care should be given regarding any public statements or public prayer.

N21  Untrue allegations

Very occasionally an untrue allegation may be made.  In these circumstances it is important that judgements are not made and attempts to disprove any allegation undertaken.  No allegation concerning child abuse should be investigated within the church. 

Untrue allegations can be the result of some other concern or unhappiness in a child's life.

 It is very important that clergy or people working with children do not put themselves in vulnerable situations.

N22  Inappropriate behaviour by children towards adults

Children or young people can sometimes make suggestive approaches to an adult.  They may have a crush or may act inappropriately following previous abusive experiences.  The behaviour may be a 'cry for help'.

If an adult feels uncomfortable about a child or young person's behaviour they must —

• make it clear to the child or young person, with sensitivity, that their language or behaviour is inappropriate.
• tell another adult; the chaplain or the chaplaincy child protection representative. Agree what measures should be taken to prevent a re-occurrence.
• record the incident in case accusations are made in the future. Sign and date the record and hand it to the chaplaincy child protection representative.

N23  Procedures following an allegation

All complaints will be taken seriously and dealt with in conjunction with the child-protection agency or organization.  The highest degree of confidentiality must be maintained during an investigation.

Support will be given to the various parties involved with an allegation.  In accordance with the House of Bishop's policy those supporting the alleged offender and those supporting the alleged victim or victim's family should not discuss the situation with each other.  This is to avoid any possible contamination of evidence.

Following an incident the diocesan child protection advisor will advise the chaplaincy or organization concerned on any changes necessary to prevent, if possible, a re-occurrence.

Following the outcome of an investigation appropriate disciplinary procedures will apply. The result of an investigation may be inconclusive, there may or may not be a prosecution, or it may be decided that a person's behaviour has been ill-advised and foolish rather than criminal. The Bishop or employer may need, after taking advice, to put restrictions on a person's future employment or volunteering, or to require them to undertake a risk assessment, counseling, training, supervision or spiritual direction.

The diocesan child protection advisor will be responsible for ensuring that the necessary agencies are informed of any information that needs to be recorded concerning the incident.

Allegations may be shown to be unfounded or malicious. In these cases the diocesan child protection advisor will find appropriate means to make clear that the person has been exonerated.

N24  Procedures following investigation of serious allegations or conviction.

People who have sexually offended against children or have unresolved serious allegations of sexual abuse will not be able to hold a position involving contact with children.  Neither may they be involved as a volunteer in any church activity involving children or young people or any mixed-age church activity e.g., choirs, bell-ringing, serving etc.  Other convictions or serious unresolved allegations against children or young people will need to be carefully assessed by the diocesan child protection advisor and any other relevant expert.

Following this assessment a decision will be made by the incumbent or Bishop as to whether a person may have contact with children.  An agreement may be made with the person concerned.

N25  Ex-sexual offenders within the congregation

The Church is a place for sinners, for the vulnerable and for those in need. Abusers are people in desperate need of help.  Whenever help and support is offered to an ex-offender the protection of the children in the church must come first.  Remember that abusers of children are usually people who get on well with children and whom children like.

Present research suggests that sexual offending can be a form of addiction that is very hard to control and can only be managed.  This must be remembered when welcoming an ex-offender into the community.

Many ex-offenders will seek God's forgiveness for their crimes.  Genuine repentance implies that the person concerned will accept that further help is required to prevent a re-occurrence of the offence and to deal with the human and social effects of the sin. As well as professional therapy, this may require continuing supervision and discipline within the church as part of the ministry to the offender.  An ex-offender will need to accept that no further contact or work with children or young people can be permitted, and that a continuing pastoral role may be impossible.  Sensitive care of the offender is needed in these circumstances.

Incumbents who discover that they have a person convicted of sexual abuse against a child within their congregation must inform the diocesan child protection advisor and follow this procedure.

N26  How to plan the integration of known sex offenders in the congregation

Where a known offender joins a church it will be important to extend love and friendship to the individual, but at the same time the leadership will need to ensure that a frank discussion takes place with the person concerned and that efforts are made to sustain open communications.

It will be necessary to establish clear boundaries for both the protection of the children and young people and to lessen the possibility of the adult being wrongly accused of abuse or being tempted to abuse.

The following points should be addressed —

• Church leaders should ensure they maintain close links with the organization or agency who may be supervising the offender.
• Be open with the offender.
• Prepare a contract which includes attending designated meetings only; sitting apart from children; staying away from areas of the building where children meet; attending a house group where there are no children; declining hospitality where there are children; never being alone with children; never working with children.
• Ask the offender to sign the contract.
• Enforce the contract: do not allow the offender to manipulate you.
• Consider with the offender, following discussion with the diocesan child protection advisor, whether to tell the congregation.
• Ensure that key leaders know the situation (if you don't tell the congregation).
• Provide close support and pastoral care.
• If the contract is broken be prepared to ban the offender from the church and inform the organization or agency responsible for the offender.

(A summary from the Church of England Board of Social Responsibility’s Occasional Paper 1:   Meeting the Challenge)

N27  Insurance

The Chaplaincy Council should have adequate insurance, including public liability insurance, to cover all their activities both on and off site. The Chaplaincy Council should also make sure that the policy includes legal protection insurance to cover legal costs resulting from allegations made against its employees or volunteers.

The Ecclesiastical Insurance Group has issued a document on child protection that states that the 'EIG considers that the implementation of the House of Bishops policy document by all church organizations is essential for the maintenance of liability insurance in relation to the issues it addresses.'

The insurance company selected by the Chaplaincy Council should be contacted to ensure that the cover provided includes legal protection costs in the event of allegations made against employees or volunteers.  It is expect that insurance companies will require good practice as laid down by the Diocese to be followed as closely as possible.

The insurance company must be notified of any allegations of abuse that are likely to effect the insurance held by the chaplaincy.  This notification should be directed to the managing director of the insurance company, and a copy of this letter sent to the Diocesan Office and to the diocesan child protection advisor.  All these letters to be marked 'Private and Confidential'.  Failure to notify the insurers could prejudice the cover under the insurance policy.

N28  Procedures for outside groups using church premises

(a) Every Chaplaincy Council must decide which groups and which activities are their responsibility.  Other groups and functions that involve children on church premises may not be the chaplaincy's direct responsibility;  nevertheless there is a duty of care which involves informing outside groups of the procedures that they should follow.

The following clause should therefore be incorporated in any booking form for church premises for which the Chaplaincy Council is responsible, both for one-off bookings and regular bookings:

'You are required to ensure that children are protected at all times, by taking all reasonable steps to prevent the occurrence of any injury, loss, damage or harm.'

(b) Regular bookings

Some organizations (guides, scouts, playgroups etc.) will have their own child protection procedures that they must follow.  Other groups must follow the recommendations in the UK Home Office's Safe from Harm.  They should be advised to adhere to the diocesan child protection procedures and recommended good practice. Hiring could be made contingent on keeping the diocesan policy.

Suggested minimum requirements are —

• Signed Declaration forms from all paid and voluntary workers.
• At least two workers for every group whatever the size.  Where possible attempts should be made to maintain a gender balance.
• If a child or young person is alone with a worker for any reason, there must always be another adult nearby and the child must be informed of the whereabouts of that person. 
• No person under 18 should be left in charge of a group
• A register must be kept of children attending the group that includes name, address, date of birth and next of kin.

(c) One-off or occasional bookings

Ensure that the organiser has an understanding of the importance of providing a safe environment for children.  Provide them with a copy of the brief guide to child protection that can be found in the child protection booklet.  Advise the organiser of the numbers of helpers required for the numbers of children expected. Helpers will not need to fill in Declaration forms.