Our complete
recommendations (Recommendations 21 to 44)
Creating an environment that minimises
the risk from abuse
3.3.1 Rigorous arrangements to minimise
the risk from abuse are at the heart of our approach.
Dealing well with allegations of abuse is very important
but the first essential is to ensure and maintain a safe
environment for children and those who work with them.
Much work has been done by many organisations to develop
effective and practical guidelines for working with children.
The Home Office publication Safe From Harm: A Code of
Practice for Safeguarding the Welfare of Children in Voluntary
Organisations in England and Wales (Home Office, 1993),
supplemented by their subsequent document Working Together
to Safeguard Children (Department of Health, Home Office,
1999), remains the best set of guidelines that we know
of. It sets out the following 13 statements of principle
as a basis for practical action:
Managing the organisation
1. Adopt a policy statement on safeguarding
the welfare of children.
2. Plan the work of the organisation to minimise situations
where the abuse of children may occur.
3. Introduce a system whereby children may talk with
an independent person.
Managing paid staff and volunteers
4. Apply agreed procedures for protecting
children to all paid staff and volunteers.
5. Give all paid staff and volunteers clear roles.
6. Use supervision as a means of protecting children.
Choosing the right paid staff and
volunteers
7. Treat all would-be paid staff and
volunteers as job applicants for any position involving
contact with children.
8. Gain at least one reference from a person who has
experience of the applicant's paid work or volunteering
with children.
9. Explore all applicants' experience of working or
contact with children in an interview before appointment.
10. Find out whether an applicant has any conviction
for criminal offences against children.
11. Make paid and voluntary appointments conditional
on the successful completion of a probationary period.
Dealing with abuse
12. Issue guidelines on how to deal
with the disclosure or discovery of abuse.
Training
13. Train paid staff and volunteers,
their line managers or supervisors, and policy makers
in the prevention of child abuse.
It is clear that these principles were
written with secular organisations in mind. However, we
believe that they can without significant difficulty be
translated into the context of the Church and its work.
Recommendation 21. The Church
should adopt the 13 principles in the Home Office document
Safe From Harm and policies from Working Together as
the guiding principles to create a safe environment
for children and to keep them safe from harm.
3.3.2 These principles must be adopted
by the Church as a whole, but they can only be given practical
expression at diocesan, religious order and parish level.
Indeed the parish must be at the heart of implementation
for it is at this level that children enter most fully
into the life of the Church community. We reiterate that
our proposals at other levels of the Church's organisation
are essentially to provide structure and support to what
happens in the parish. The priest and other clergy are
at the centre of that community and we are in no doubt
that most of them see it as an integral part of their
ministry to ensure a safe, encouraging and loving environment
for children. All we say later about the selection of
clergy is designed to support and secure that environment.
3.3.3 The rest of this section picks
up and discusses issues arising from the 13 principles
of Safe From Harm.
Managing the organisation to protect
children
Principle 1. Adopt a policy statement
on safeguarding the welfare of children.
3.3.4 This first principle is covered
by our Recommendation 4 (para 3.1.13 above).
Principle 2. Plan the work of the organisation
so as to minimise situations where the abuse of children
may occur.
3.3.5 This second principle is a matter
of sensible practical arrangements, for example to limit
the situations in which a child and an adult might be
alone together, or to regulate the circumstances and arrangements
when they are alone where that cannot be avoided. Such
arrangements act to protect both children from abuse and
priests and other adults from suspicion. It needs to be
recognised, of course, that there are many different contexts
which need to be provided for from children's catechism
and youth clubs to confession and counselling.
3.3.6 Since the First Report, we have
been able to look at a range of practical guidance and
codes of conduct adopted by various organisations to minimise
situations where the abuse of children can occur. There
are many examples of good practice (one example of a code
is at Annex C and one of guidance on working with children
at Annex D) and it is clear that best practice is developing
over time. We have therefore concluded that rather than
define such material ourselves (which might quite quickly
become outdated) it should be part of the NCPU's remit
to issue practical guidance on working with children and
a code of conduct in line with best practice, and subsequently
to keep them under review.
Recommendation 22. The NCPU
should issue recommended codes of conduct and practical
guidance on safe working with children, and keep them
under review.
3.3.7 We are also aware that some dioceses
have set out a statement to guide children themselves,
sometimes called a Declaration of Children's Rights (see
para 2.9.3). We think this is of great value. The National
Unit should issue guidance on appropriate action to raise
the awareness of children.
Recommendation 23. The National
Unit should issue guidance on raising the awareness
of children on child protection issues.
3.3.8 Essentially, however, it is adults
who are responsible for protecting children and challenging
the behaviour of other adults that may threaten them.
For this reason, it is important to raise the awareness
of all adults involved with the Church, rather than just
workers, about what is appropriate and inappropriate behaviour
and what children's expectations should be. This will
make an important contribution to successful child protection.
We recommend that guidance issued by the National Unit
should cover this aspect.
Recommendation 24. The guidance
issued by the NCPU under Recommendation 22 should cover
advice for adults other than workers as to what is appropriate
and inappropriate behaviour and what children's expectations
should be.
3.3.9 The arrangements for the sacrament
of reconciliation (confession) for children are one particular
aspect of managing the organisation to prevent abuse or
even the suspicion of abuse which we have considered further.
It is already the case that some priests administer this
sacrament in a setting where both priest and lay person
can be seen but not heard. We recommend that wherever
possible this should be the norm for the confessions of
children; other arrangements should be replaced as opportunity
allows.
Recommendation 25. The sacrament
of reconciliation (confession) for children should wherever
possible be administered in a setting where both priest
and child can be seen but not heard.
Principle 3. Introduce a system whereby
children may talk with an independent person.
3.3.10 On this third principle we note
that the experience in other churches and organisations
is that such 'independent persons' are little called on
as children prefer to talk to someone they know, or else
to use one of the helplines provided by charities. We
acknowledge that this may be so but think that such an
appointment would nonetheless be worthwhile to complement
the other arrangements that concerned children might use.
We suggest that these appointments should generally be
made by the diocese or religious order. It is important
that these 'independent persons' are well trained for
their role which is a very sensitive one.
Recommendation 26. Each diocese
should make arrangements either at diocesan or parish
level to ensure that there is an independent person
for children to talk with. Their contact details, together
with contact details for appropriate children's helplines,
should be easily available in the parish church and
other places where activity with children takes place.
Some parishes may wish to appoint their own independent
person.
Managing staff and volunteers to protect
children
Principle 4. Apply agreed procedures
for protecting children to all paid staff and volunteers.
3.3.11 In the context of the Church,
'staff and volunteers' must be taken to include the clergy
even though their position does not equate to anything
in a secular organisation. This fourth principle emphasises
that procedures are to apply to everyone who has any appreciable
contact with children; there are to be no exceptions.
It would be unacceptably invidious to apply procedures
to some and not to others. It would also leave those who
were in any way exempted at undue risk themselves of being
exposed to suspicion. Most people well understand why
great care is taken over the employment of teachers and
others who work professionally with children. We are confident
that volunteer workers with children, in parishes and
elsewhere, will accept the need for the procedures we
outline, provided that the reasons for them are well explained
- namely the protection of children from abuse and of
those who work with them from suspicion.
Principle 5. Give all paid staff and
volunteers clear roles.
3.3.12 There are many benefits to an
organisation from clear job descriptions and effective
supervision, not simply in the area of child protection.
Not only does the organisation benefit from thinking through
just what it is asking the individual to do, but also
everyone benefits from the resulting clarity. Some sample
job descriptions are at Annex F, not as models but as
examples. In the same way, codes of conduct for the clergy
can play a valuable role. We believe that an early task
for the National Child Protection Unit should be to prepare
a set of models.
Recommendation 27. For all
posts (paid or voluntary) involving work with children
there should be clear job descriptions. The National
Unit should prepare and circulate model job descriptions
for a range of posts.
Principle 6. Use supervision as a means
of protecting children.
3.3.13 We particularly believe that active
supervision, by which we do not mean day to day invigilation
but regular opportunities to review experience and discuss
issues, has a very positive part to play, both for lay
workers and for clergy.
Recommendation 28. For all
posts (paid or voluntary) involving work with children
there should be effective supervision providing an opportunity
to review progress and discuss issues.
Choosing staff and volunteers to protect
children
Principle 7. Treat all would-be paid
staff and volunteers as job applicants for any position
involving contact with children.
Principle 8. Gain at least one reference
from a person who has experience of the applicant's paid
work or volunteering with children.
Principle 9. Explore all applicants'
experience of working or contact with children in an interview
before appointment.
Principle 10. Find out whether an applicant
has any conviction for criminal offences against children.
Principle 11. Make paid and voluntary
appointments conditional on the successful completion
of a probationary period.
3.3.14 These five principles are of great
importance in the creation of a safe environment for children.
Neither the Church nor any other organisation can rely
on the fact that they know someone as evidence that they
are not a potential abuser. Abusers do not have a distinct
set of characteristics that can be readily identified;
they come from all walks of life and ethnic origins, they
may be male or female, old or young. It should also be
remembered that there is always risk in employing those
who have abused, however long ago it may have been. It
is therefore important that all are checked as thoroughly
as is appropriate before being given relevant responsibilities.
3.3.15 This means that applicants should
always sign an application form giving in addition to
their full name, address and date of birth, details of
previous experience (voluntary or paid) of working with
children; permission to contact, in writing and in person,
at least one person who has experience of their work with
children; details of any convictions for criminal offences
against children (including any spent convictions); and
(in appropriate cases) permission to check for any police
criminal record.
Recommendation 29. Before taking
up a post (paid or voluntary) involving work with children,
those concerned should complete an application, give
references, give details of any relevant previous criminal
convictions and agree to a criminal record check.
3.3.16 Failure on the part of applicants
or volunteers to give this information or to agree to
checks must, we believe, result in their not being employed
or used in work involving children. There should always
be an interview covering their experience. References
should always be taken up both in writing and, if necessary,
informally. Convictions for criminal offences against
children should always be checked. Any doubts that may
arise should always be pursued. There should always be
a probationary period.
Recommendation 30. Failure
to comply with Recommendation 29 must mean that the
individual cannot be appointed to the post.
Recommendation 31. References
must be taken up, and the candidate must be given a
personal interview. Any doubts must be pursued.
Recommendation 32. On appointment,
individuals should serve a probationary period before
being confirmed in the post.
3.3.17 In the past there has sometimes
been difficulty for the Church in checking with criminal
records or the DfES's List 99. However, the position on
criminal record checks is due to change shortly with the
establishment of the new Criminal Record Bureau (CRB).
We understand that the Bureau will give every assistance
to the Church, as to other similar organisations, in conducting
checks. Detailed arrangements will need to be discussed
between the Church and the CRB but we would expect the
Church and relevant Church organisations to be registered
with the Bureau and to use its services as a matter of
course.
Recommendation 33. The Church
and relevant Church organisations should register with
the Criminal Records Bureau and use its services as
a matter of course.
There can be no excuse for employing
someone with a known record of abuse. However, unfortunately,
the fact that someone does not have a record does not
mean that they have not or will not abuse a child and
no such conclusion should be drawn from a negative check.
This is why the other measures to secure a safe environment
for children are so important.
3.3.18 We have considered very carefully
how the principles concerning selection should apply to
the clergy themselves. Very great care must be taken to
ensure as far as is humanly possible that only candidates
who are suitable for the responsibilities of ordained
ministry are selected, and there must be continuing vigilance
and regular assessment of those undergoing training for
the priesthood.
Recommendation 34. Recommendations
29 to 33 should be strictly applied when candidates
are being considered for ordination, and those involved
in their initial selection and in their continuing formation
before ordination should err on the side of caution.
A number of those who have responded
to our consultation have urged that, in addition to the
other checks and continuing oversight during their training,
candidates should also be the subject of psychological
testing. We know that such tests have been adopted in
practice by some dioceses. Although psychological tests
undoubtedly have their value, we appreciate that they
also have their limitations. They may be a useful tool
in the hands of selectors but it is important that reliance
is not placed on psychological tests to the exclusion
of the many other considerations to be taken into account
before a candidate is selected for ordained ministry.
They can inform decisions but must not direct them.
3.3.19 Under present arrangements Selection
Boards make recommendations to the bishop or religious
superior. We think it is most important that bishops and
religious superiors do not overrule Selection Boards where
reservations are expressed about a candidate's suitability
for ordination on the grounds of possible risks to children.
Recommendation 35. Bishops
and religious superiors should not overrule Selection
Boards where reservations are expressed about a candidate's
suitability for ordination on the grounds of possible
risks to children.
3.3.20 We have heard of cases where there
has been inadequate sharing of information between one
diocese and another, or where those in charge of a candidate's
formation in the seminary have not had access to information
known to the Selection Board. In some cases, this has
produced situations in which children have been exposed
to serious harm. While we recognise the need for great
sensitivity in the handling of confidential personal information,
we regard it as essential that those who are involved
in advising on or making decisions about the formation
and ordination of candidates should have access to all
the necessary information.
Recommendation 36. It is essential
that seminary rectors and others responsible for the
formation and ordination of candidates should have access
to all the necessary information from the selection
process.
We believe that this would be greatly
assisted if there was a single national database about
candidates and therefore recommend that the Church should
maintain a single national database of information on
all applicant candidates for ordained ministry and the
permanent diaconate and that decisions should not be made
by Selection Boards, bishops or religious superiors without
reference to it.
Recommendation 37. The Church
should maintain a single national database of information
on all applicant candidates for ordained priesthood,
the permanent diaconate, and male and female applicants
for the consecrated life, and decisions should not be
made by Selection Boards, bishops or religious superiors
without reference to it. Successful candidates should
continue to be included in the database.
3.3.21 We have considered whether the
scope of the database should be extended to lay workers
and volunteers. In principle, there is a good case to
do this though it would clearly be a considerable extension
of the scope of the database and greatly increase the
complexity of maintaining it. Nonetheless, we believe
that the National Unit should look at the possibility
of this. In any event, we recommend that dioceses and
religious orders should themselves maintain records of
checks and references on prospective staff and volunteers
for the diocese or order, and that other dioceses and
orders as necessary consult such records.
Recommendation 38. Dioceses
and religious orders should themselves maintain records
of checks and references on prospective staff and volunteers
for the diocese or order, and such records should be
consulted by other dioceses and orders as necessary.
3.3.22 We have also considered what should
happen in respect of paid workers and volunteers who are
already in post. In some cases checks in line with our
recommendations will have been undertaken on appointment.
Even in those cases there may be a need to bring those
checks up to date. And in other cases we recommend that
checks be made with the Criminal Records Bureau.
Recommendation 39. Paid workers
and volunteers who are already in posts working with
children, and who did not go through our recommended
procedures or something like them on appointment, should
now give details of any relevant previous criminal convictions
and agree to a criminal record check.
3.3.23 In many organisations, the equivalent
selection process to that for priests is undertaken centrally,
by a National Selection Board or equivalent. There would
clearly be merit, in terms of uniform standards and, so
far as child protection is concerned, in the application
of the same thorough checking process to all candidates
for ordination, if such an approach were to be adopted
by the Church. We are, of course, conscious that there
are wider considerations in whether such a national structure
would be appropriate.
Recommendation 40. The idea
of a National Selection Board for candidates should
be considered for adoption if implementation of Recommendations
34 to 37 fails to secure uniformity of approach.
3.3.24 The Committee's remit and recommendations
cover the Church in England and Wales. But, of course,
individuals may come to serve in or work for the Church
from other countries, and some responsibility will also
exist where members of organisations based in England
and Wales go to serve elsewhere (e.g. missionaries). We
recommend that anyone coming from abroad should be treated
as a new applicant. In their case, however, the process
may be made more difficult because referees and other
information will be at a distance while there may also
be relevant cultural differences. Modern communications
systems are probably acting to reduce the first difficulty.
It is, however, important not to 'make do' with information
or assessments that are any less rigorous than would apply
to someone in this country.
Recommendation 41. Candidates
from other countries for clerical, lay or voluntary
posts should be the subject of the procedures in the
preceding recommendations.
3.3.25 As regards individuals from England
and Wales serving elsewhere, the key principles should
be that any relevant information requested by the new
employer is willingly and candidly provided; and in any
event, if there are any relevant concerns, these should
be explicitly made known to the new employer even if they
are not requested. Where the employer is in fact based
in England and Wales (e.g. a religious order) they should
follow the same principles as we have recommended for
use here.
Recommendation 42. When individuals
from England and Wales go to serve elsewhere, any relevant
concerns should be explicitly made known to the new
employer even if they are not requested, and in all
cases any relevant information requested by the new
employer should be willingly and candidly provided.
Where the employer is in fact based in England and Wales
(e.g. a religious order), they should follow the same
principles as we have recommended for use in this country.
3.3.26 Once a priest or deacon is ordained
or a lay worker appointed that is not the end of the matter.
As with anyone else, concerns may arise at any time and,
of course, data held by the CRB will be constantly updated.
Active supervision in accordance with the sixth principle
(para 3.3.13 above) will help considerably but we believe
that, in addition, on moving to a new post in a different
diocese, diocesan clergy, those who belong to religious
orders and lay workers should have their position reviewed
by the receiving diocese and appropriate action taken
if necessary. The success of the operation of the database
and these arrangements for review of individuals need
to be monitored by the National Child Protection Unit.
Recommendation 43. On moving
to a new post outside the diocese, diocesan clergy,
those who belong to religious orders, and lay workers
should have their position reviewed and appropriate
action taken if necessary.
Dealing with abuse
Principle 12. Issue guidelines on how
to deal with the disclosure or discovery of abuse.
3.3.27 This is the subject of section
3.5.
Training
Principle 13. Train paid staff and
volunteers, their line managers and supervisors, and policy
makers in the prevention of child abuse.
3.3.28 As we have explained, policies
and guidelines to prevent abuse are of the first importance.
They must, however, be complemented by training in skills
and awareness both for those such as the Child Protection
Co-ordinator or parish representative who have key roles
and for leaders in the Church - bishops, priests and other
clergy, the religious and lay. Everyone who works with
children should receive training for the tasks they are
required to undertake. They must, for example, be equipped
to identify signs of abuse by others, and be familiar
with and able to initiate the Church's own procedures
for protecting children. It is also important to make
sure that children and their families are themselves aware
of the issues and what to do about concerns. Raising awareness,
therefore, has a considerable part to play as does the
development of skills in planning the work, interviewing
applicants and many other aspects, as well as in responding
to allegations. Nor is this a once only activity. Skills
and awareness need continuing development.
3.3.29 All those with knowledge of the
field who have written or talked to us have reinforced
our view of the central position that really good awareness
raising and training and support arrangements have in
contributing to successful child protection. Nor is this
simply about formal training by professionals. There is
also a key role for the passing on of experience within
the Church's communities from those who work with children
professionally (teachers, care workers and so on) or have
worked with them in a voluntary capacity within the Church
for many years to those who are newly becoming involved.
3.3.30 Child Protection Co-ordinators
have a particular responsibility for ensuring that appropriate
training and action to increase awareness is undertaken
and for facilitating it, and the National Child Protection
Unit can also play a useful role in disseminating information
and facilitating. There are clearly resource implications
here but we believe that such training is necessary and
that investment in it will pay considerable dividends.
Recommendation 44. Training
and the raising of awareness is a key requirement. Child
Protection Co-ordinators have a particular responsibility
for ensuring that appropriate training and awareness
raising is undertaken; the National Unit will have a
facilitating role.
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