It’s hard to imagine that in this day and age there are still churches and chapels who don’t take the issue of safeguarding seriously.
If you are involved with younger people (under 18) or with vulnerable adults it is essential that you have a written protection policy in place, and this should be reviewed regularly. However, safeguarding is more than just having a policy in place – it means having a culture of vigilance where everyone knows what to do if they have concerns. Safeguarding is preventative, rather than simply reactive. There needs to be a commitment to safeguarding and clear procedures for reporting concerns.
It is of course essential that any policy in place is complied with. This may seem obvious but unfortunately, one major church insurer has had a substantial legal expenses claim from a church which did have excellent policy in place but just did not follow it for certain ‘trusted’ people.
Recent legal advice states that if a church is hiring out their premises then the church is responsible for making sure that the ‘hirer’ has a suitable protection policy in place.
With increased publicity in recent years there is no doubt that not having a safeguarding policy in force will not be considered reasonable by insurers or the law. CCPAS have an excellent website on this subject, which answers the question as to whether a child protection policy is a legal requirement for a church. They state as follows –
‘You will not be breaking criminal law if you do not have a child protection policy. However, the government’s statutory guidance – ‘Working Together to Safeguard Children’ 2010 – states that churches, other places of worship and faith-based organisations need to have appropriate arrangements in place for safeguarding and promoting the welfare of children (anyone up the age of 18 years). The Charity Commission requires every organisation that works with children, including places of worship, to have a written safeguarding policy and charitable status will not be granted unless a policy is in place. Insurance companies require written policies.
In addition Trustees providing services to children and vulnerable adults are required to inform the Charity Commission if they do not have a safeguarding policy in place and are not carrying out criminal records checks on Trustees (where legally possible) and workers (paid and volunteer). The Charity Commission would regard such a situation as a ‘serious incident’ and investigate. When filing their Annual Return, charity trustees are required to confirm that such policy procedures are in place.’ (CCPAS 2014)
All insurance policies have a ‘duty of care’ condition which means you must take due care to prevent loss or injury. Failure to address the above issue could in theory invalidate an insurance claim.
We encourage every church, chapel and place of worship to take this matter very seriously. So, if you would like any more information or advice on safeguarding then please call us for a chat on 01564 730 900
Image by: Spirit-Fire via Flickr, Creative Commons