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 Nolan Review
Final Report
First Report
 •Executive Summary
 •Ch. 1: Introduction
 •Ch. 2: Safeguarding
 •Ch. 3: Minimising Risk
 •Ch. 4: Responding
 •Ch. 5: Structures
 •Ch. 6: Recommendations
 •Annex 1: Glossary
 •Annex 2: Job Descriptions
 •Annex 3: Diocese
Response to the Review
Recommendations

 First Nolan Report

Creating an environment that minimises the risk of abuse

Managing the organisation to protect children
Managing staff and volunteers to protect children
Choosing staff and volunteers to protect children
Dealing with abuse
Training


3.1 The first essential is to ensure and maintain a safe environment for children and young people 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) 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 so as 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. We recommend that they should be adopted by the Church as the guiding principles to create a safe environment for children and to keep them safe from harm.

3.2 Safe from Harm itself provides some guidelines on the implementation of each principle. We hope that we may be able to give useful further guidance on some of them in our final report. But in reality there is no substitute for the training and experience of those involved day to day in devising codes which are both practical and effective.

3.3 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 and young people enter most fully into the life of the Church community. 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 and young people. All we say later about the selection of clergy is designed to support and secure that environment.

3.4 We recommend that each parish priest should designate a lay child protection representative and each bishop and religious superior a Child Protection Co-ordinator to oversee implementation.

3.5 The rest of this chapter picks up and discusses issues arising from the 13 principles of Safe from Harm. We return to the roles of parish child protection representatives, diocesan Child Protection Co-ordinators and religious orders and our proposal for national oversight in Chapter Five.

Managing the organisation to protect children

Principle 1. Adopt a policy statement on safeguarding the welfare of children.
3.6 This first principle is covered by our recommendation at para 2.12 above.

Principle 2. Plan the work of the organisation so as to minimise situations where the abuse of children may occur.
3.7 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 and young people 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 Sunday schools and youth clubs to confession and counselling. There is much good practice to draw on here both in the Church and other organisations, and it is a particular area where we hope we may be able to give some further practical guidance in our final report.

Principle 3. Introduce a system whereby children may talk with an independent person.
3.8 On this third principle we recommend that each parish should appoint an independent person for this purpose (this could be a joint appointment between several parishes) and that 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. It is important that these "independent persons" are well trained for their role which is a very sensitive one.

Managing staff and volunteers to protect children

Principle 4. Apply agreed procedures for protecting children to all paid staff and volunteers.
3.9 In the context of the Church, "staff and volunteers" must be taken to include the clergy even though their position does not actually 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 and young people; 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.

Principle 5. Give all paid staff and volunteers clear roles.
3.10 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 everyone benefits from the resulting clarity. Some sample job descriptions are at Annex Two, 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 (see para 5.10) should be to prepare a set of models.

Principle 6. Use supervision as a means of protecting children.
3.11 We particularly believe that proactive 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.

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.

3.12 The above five principles are of great importance in the creation of a safe environment for children and young people. Neither the Church nor any other organisation can rely on the fact that someone is known to them 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.

3.13 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 and young people; permission to contact, in writing and in person, at least one person who has experience of their work with children and young people; details of any convictions for criminal offences against children and young people (including any spent convictions); and (in appropriate cases) permission to check for any police criminal record.

3.14 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 and young people. 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 and young people should always be checked. Any doubts that may arise should always be pursued. There should always be a probationary period.

3.15 In the past there has sometimes been difficulty for the Church in checking with criminal records or the DfEE'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. 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.

3.16 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. We recommend that the requirements set out above should be strictly applied when candidates are being considered for ordination, and that 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 seminaries. 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.

3.17 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 and young people.

3.18 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. 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 that decisions should not be made by Selection Boards, bishops or religious superiors without reference to it.

3.19 In many organisations, the equivalent selection process 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. We recommend that such an approach should be considered for adoption if implementation of the recommendations above fails to secure uniformity of approach.

3.20 Once a priest or deacon is ordained or 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. Proactive supervision in accordance with the sixth principle (para 3.11 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 or congregations, 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, needs to be monitored by the National Child Protection Unit.

Dealing with abuse

Principle 12. Issue guidelines on how to deal with the disclosure or discovery of abuse.
3.21 This is the subject of Chapter Four.

Training

Principle 13. Train paid staff and volunteers, their line managers or supervisors, and policy makers in the prevention of child abuse.
3.22 As we have explained, policies and guidelines to prevent abuse are of the first importance. They must, however, be complemented by skills and awareness both for those such as the diocesan 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 and young people ought to 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, young people, 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 covered in this chapter, as well as in responding to allegations. Nor is this a once only activity. Skills and awareness need continuing development.

3.23 Diocesan and religious order Child Protection Co-ordinators should 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.

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