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You are here » Home» Churchwork» Safeguarding Children & Adults» Policy & Procedure

Diocese of Hereford Child Protection Policy (Safeguarding of Children)

FOREWORD FROM THE BISHOP OF HEREFORD

I am delighted to be able to commend this fully revised, practical Diocesan Safeguarding Policy. It will help strengthen our work with children and young people, and further the culture of "informed vigilance" among us all, for which our national policy, "Protecting All God's Children" rightly calls.

Our children deserve the best possible care that we can give them in Christ's name. We are blessed with a great many people in our congregations who give generously of their time, gifts and energies in working with children and young people and they need not only to be encouraged in the work that they do, but also enabled to do it in the best possible way and to the highest possible standards.

Please ensure that you and others working with children and young people in your congregations read and follow the advice and policies in this booklet. It is not the last word on the matter! There will be further updates, not least when the Government introduces the Independent Safeguarding Authority in a year's time. This Policy document is based on current best practice and has been produced by our Diocesan Child Protection Management Group, together with my Representative for Safeguarding Children, Mrs. Maria Johnson, to whom I am extremely grateful for all the hard work that they have given and continue to give.

We thank God for our children and young people, and pray that they grow up knowing and loving God in homes and churches which are places of love, security and truth.

+ Anthony, Hereford

INTRODUCTION

The Diocese of Hereford policy and procedure is intended to assist benefices, parishes and churches in the Diocese implement of the House of Bishops' policy in respect of Safeguarding of Children. The local good practice guide and the procedures will support and reinforce the national policy. Additional advice and guidance is available from the Bishop's Representative for Safeguarding Children and the Diocesan Children's and Youth Officers.The House of Bishop's policy "Protecting All God's Children" can be accessed at https://www.cofe.anglican.org/info/papers/protectingchildren.pdf

The various sections of this website provide information, checklists, forms and other materials or links to other sites to help the implementation of a parish policy

The Diocese of Hereford supports the principles of the House of Bishops' Safeguarding Children Policy:-

For the purposes of this policy and attached procedures a child is defined as someone under the age of 18 years, in accordance with the Children Act 1989. In all cases the welfare of the child is the paramount consideration.

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Each PCC has a legal responsibility to fulfil its duty of care towards all children during worship and in all church activities. The PCC must implement the House of Bishops' Safeguarding Children Policy which should provide a safe environment for children, young people and volunteers.

Each parish should adopt a policy closely based on the model policy to be found in the website section headed Information for Parish Child Protection Representatives 2009. Parishes should include details of all activities involving children and young people in their parish. A failure to implement the policy could invalidate any third-party liability insurance or leave a Parochial Church Council (PCC) open to the possibility of being sued for negligence should a child or young person come to harm while under its responsibility.

If any parish or benefice would like further advice on implementing a Child Protection Policy please contact one of the following:

The Bishop's Representative for Safeguarding children is Barbara Gratton (telephone 01989 730295).

Mrs Carolyn Harding and Pam Brown are responsible for the Criminal Record Bureau (CRB) administration and process (telephone 01432 374221).

Training places for child protection training can be booked with Miss Fiona Brooke on (telephone 01432 373309).

PAROCHIAL CHURCH COUNCIL (PCC) POLICY ON SAFEGUARDING CHILDREN

To ensure that your Parish or Benefice is meeting its obligations in respect of Safeguarding children please refer to the section on the Diocese of Hereford Website entitled Information for Parish Child Protection Representatives 2009.

This site contains information on the following:

• Guidance notes for the appointment of the Parish Child Protection Representative
• The primary duties of the Parish Child Protection Representative
• Guidance on Criminal Record Bureau Checks (CRB)
• A template for a Parish Child Protection Policy

PROCEDURE

In addition parishes and benefices should ensure that they are complying with the following proceedures set out below:

PARISH POLICIES ON RECRUITMENT AND CRB DISCLOSURES

The PCC should adopt the Policy Statement in respect of Disclosures from the Criminal Records Bureau, the Policy Statement on the Recruitment of Ex-offenders and the Policy Statement on the Handling, Storage and Disposal of CRB Disclosures, which cover the recruitment of volunteers and paid workers (Appendix **).

1. How to obtain CRB checks for volunteer and paid workers in the Parish

The Diocese works with Hereford Cathedral as the registered umbrella body who handle CRB disclosure applications on behalf of all the parishes. Each parish is required to use the registered body for checking anyone who is involved with working with children and young people. If the outcome of a CRB disclosure contains a blemish (i.e. details of a conviction) which may provide a risk to children and young people the Diocesan Child Protection Officer will arrange for this case to be risk assessed and recommendations will then be made to the parish.

Packs of forms for completion of CRB checks can be obtained from Pam Brown at the Diocesan Office tel: 01432 373300. These packs contain all the necessary forms and instructions for completing the application.

Each parish or benefice should have a verifier to check evidence of identification, in most cases this is the incumbent or may in the case of an interegnum be the Rural Dean.

Please note: the applicant may have completed a Confidential Declaration when they applied for the job but if not they should be asked to do it at this stage. These declarations are a Church of England requirement and nothing to do with CRB. Confidential Declaration Forms are included in the CRB packs.

2. Who should be CRB checked?

In accordance with the House of Bishop's Child Protection Policy the following should have CRB checks:

• all clergy who have freeehold, hold the bishop's licence or permission to officiate
• all ordinances before they are presented to the Bishop's selection conference
• all accredited lay-workers and readers who hold the Bishop's licence or permission to officiate
• any other leaders in the church whose office of trust gives them the opportunity or the expectation that they might have regular or unsupervised contact with children
• those people who as part of their job supervise those working with children, young people or vulnerable adults
• the parish protection coordinator
• all people employed by the diocese, cathedral or a parish who work with children or may come into regular and direct contact with children during their work
• all volunteers who work with children or who may come into regular and direct contact with children during their activities; this will include adult members of mixed age activities such as, bell-ringers, choirs, servers
• members of religious communities and similar bodies who have contact with children as part of their ministry.

3. Safe Recruiting in the Diocese of Hereford

The following sections set out the procedures for the appointment of adults when they are likely to have contact with children. This includes the procedures for obtaining Disclosures from the Criminal Records Bureau.

"Protecting All God's Children" is the child protection policy of the Church of England published in 2004 for the House of Bishops. This outlines recommended recommends procedure where it is judged the Church of England should have common practice across the dioceses, including procedures for safe recruiting (Procedure 3). This Diocese of Hereford document builds on the House of Bishop's guidance by providing additional procedures for those responsible for appointing adults to posts in the Diocese, cathedral, benefices and parishes.

Those responsible for appointments
These policies and procedures should be applied by all those responsible for appointments. At parish level it is the Incumbent, Churchwardens and PCC who are ultimately responsible for all work undertaken in the name of their parish whether by clergy, employees or volunteers. It is suggested that only the Incumbent and Churchwardens undertake the final approval of an appointment of an employee or volunteer.

Appointment of volunteers and employees
The following is an extract from "Protecting All God's Children":
Those responsible for the appointment should follow the principles outlined in Safe from Harm when seeking to appoint to a post involving direct contact with children and young people.

Hereford Diocese provides a number of forms to help with the appointment process ****

These procedures apply to all those listed above under Who should have a CRB check?

Those already in post should also be asked to apply for CRB Disclosure where appropriate. In addition and in order to safeguard the appointment process, those who undertake the final approval of an appointment, including Churchwardens, should complete a confidential declaration form and provide an enhanced level Disclosure from the Criminal Records Bureau. These declaration forms should normally only be seen by and verified by the Incumbent or, in the case of an interregnum, by the Rural Dean or other authorised verifier.

4. The Criminal Records Bureau(CRB)

The CRB provides a one stop shop for checking whether an individual has a criminal record, has been under police investigation, or has been banned from working with children. With the introduction of the Independent Safeguarding Agency (ISA) the previous 7 different lists of "unsuitable persons" will be replaced by 2 lists for England and Wales and Northern Ireland.

All CRB checks undertaken by the Diocese are enhanced CRB checks.

In order to obtain a CRB check see Section 1 of this webpage

5. Protection has to be built in before recruiting starts

1. Appointing bodies should regularly review their child protection policy. In particular a PCC has a responsibility to review the policy for the parish annually. The Diocesan Safeguarding Children Statement can be found at Appendix ***.
2. It is important that this policy is then kept as a living, working document and that all those working with children and young people are aware of its existence. If the procedures and practices which promote child protection are seen as part of the work with children and not as a 'bolt-on extra', then the requirements of the recruiting process will be seen as less of an unnecessary inconvenience and more as an accepted way of doing things that underlines the value placed on children. The Church should be seen to be working for a culture of "informed vigilance"in respect of children.
3. As part of their regular review process, appointing bodies should list those roles within the church for which it would be appropriate to have a job description, check whether they exist and remain appropriate and identify the person or group of people who might best be asked to draw up or revise each one.
4. It is important that all paid staff and voluntary workers have clear roles. A job description which has been well thought out will ensure that all are clear about their role and will promote the idea that the work of volunteers within the church is highly valued. Non-specific statements such as "to work in Sunday school" should be avoided. The best way to draw up a job description for voluntary posts is to bring a group of established volunteers together and ask them to make lists of all the things they do - or feel they ought to be doing. This can have the added bonus of allowing new, creative ideas to be born.

6. Looking at Risks. What level of disclosure is necessary?

7. Advertising

1. Advertising is any means by which people are made aware of a job or position. It could include simply asking "Have you ever thought about helping in Sunday School?"
2. By advertising more formally for voluntary posts you can avoid the job 'falling' to someone, and you can encourage those who might have been less obvious candidates to become involved. Advertising also allows you to set out clearly exactly what you expect from volunteers at the start.
3. An advertisement should set out the tasks involved, make clear reference to the child protection policy including the requirement for a disclosure and perhaps set a time limit on the post - this can make people more willing to volunteer!

8. Application Forms and Confidential Declarations

1. All applicants for voluntary posts should be treated the same way. If everyone is required to fill in an application form and provide references then you can avoid the embarrassment of one person feeling under suspicion or subject to special treatment.
2. Disclosure is an extra tool for recruiters. It doesn't replace the normal recruitment processes. Disclosure doesn't replace the need for Confidential Declarations. Candidates for all posts that are subject to Disclosure will be required to submit a written declaration about convictions or other disqualifying behaviour to a person specifically identified for this purpose in the recruitment process. A blank Confidential Declaration is included in this document. (Please note that sight of Confidential Declarations may legitimately be requested by risk assessors appointed by the Bishop of Hereford)
3. Where Disclosure is required the candidate will need to complete a form to apply for Disclosure and support this with identity documents. Most appointing bodies in the diocese now have access to someone authorised to verify these documents. These authorised people have to use a diocesan form to certify that they have carried out the checks. In most parishes the incumbent is the verifier. Usually they will be the person with whom the Diocesan Administrator for CRB will communicate once a Disclosure is received.
4. A fee has to be paid to the CRB if the application for Disclosure relates to a paid post. A cheque for the appropriate amount payable to Hereford DBF Ltd should accompany the application. Appointing bodies should consider whether they will handle this by providing the cheque or by reimbursing the applicant. For current costs of Disclosure applications please contact the diocesan Administrator for CRB. There will be no fee for voluntary workers under the ISA.
5. If the applicant has lived outside of England & Wales a Disclosure will not tell the whole story. Parish or Area Representatives have been given extra information about accessing overseas records and advice can also be sought from the Bishop's Representative for Child Protection.

9. Taking up references - a model form

1. Again the taking up of references must be applied to everyone, even those who have been church members for several years.
2. Where possible references should be from people outside of the immediate church community. Such a reference would provide a different or new view of a prospective voluntary worker to that held by members of the church.
3. If the written reply to a reference is vague or ambiguous it may be necessary to follow it up by telephone or even another reference.
4. A sample letter and reference request form is included (Appendix 2***). The use of a pro-forma reference reduces the scope for ambiguity and ensures that appropriate issues are addressed.

10 Judging suitability - what to look for:

1. It is possible that you may feel it necessary to turn down an applicant for a post on the basis of information received at any point in the recruiting process.
2. Note that possession of a criminal record is not necessarily a bar to appointment.
3. CRB Disclosures help you rule out the totally unsuitable. But you still need to take care to appoint only people who are suitable to work with children and who have the skills and qualities necessary for this important task.
4. Before recruiting consider what you would look for in assessing a person's suitability at each stage as identified at a-d above. Also consider what might give cause for concern.

11. The Role of the CRB Disclosure Service in the Diocese of Hereford

1. The CRB Disclosure Service can help appointing bodies to identify people unsuitable for work with children, young people and vulnerable adults by increasing access to information. It will allow more informed recruitment decisions.
2. It is of particular value to organisations who recruit volunteers, who previously were unable to have direct access to police records. The Diocese work with Hereford Cathedral since 2006.
3. Why churches? It is possible for those who wish to abuse children to gain access to them through churches. Until Disclosure became available volunteers made written declarations, but it was not possible to check the accuracy of any declaration. This meant that churches had to rely on the truthfulness of volunteers. Most of the time, this was satisfactory, but occasionally, this system allowed unsuitable people to have direct contact with children and young people.
4. The CRB Disclosure service provides a 'One-stop shop' for information, and a central access point for checking the Police National Computer, the Department of Health, the Department for Education and Skills and the local police force. It helps appointing bodies make more informed recruitment decisions.
5. For an appointing body to ignore the opportunity provided by the CRB would be to risk children suffering significant harm, and leave the church at risk of legal and financial penalties.

For information about the introduction of the Independent Safeguarding Agency and "Vetting and Barring scheme please see the Safeguarding Website section on What's New?

12. Legislation

The establishing of the Criminal Records Bureau is one of three far reaching and important social measures that have recently come into force. The others are the Data Protection Act 1998 and the Human Rights Act 1998. These three pieces of legislation set out to balance the protection of children against the rights of the individual. They form an inter-related framework, the full consequences of which have still to be worked out through case law. The introduction of the ISA and of Vetting and Barring in 2010 will bring additional advantages in the task of protecting children from harm.

Many criminal convictions are regarded as 'spent' or forgotten after a period of rehabilitation so they do not normally have to be declared when applying for a job. But this doesn't apply to persons who, whilst in the course of their duties, are in positions which involve regular contact - part of normal and routine duties - with children under 18, or are employed in one of the excepted professions, offices, employments and regulated occupations as listed in the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975.

Since 12th October 2009 it has become an offence for any person to begin "regulated activity" without first being ISA registered. It is also an offence for an employer to hire a person in "regulated activity" without first confirming their ISA status. A person who is barred by the ISA from seeking employment in a regulated activity will commit an offence should they seek such employment or to volunteer in such regulated activity.

"Regulated activity" within this context is defined as:

"Any activity of a specified nature that involves contact with children or vulnerable adults, frequently, intensively or overnight. (Such activities include teaching, training, care, supervision,advice,treatment,transportation)

Any activity allowing contact with children or vulnerable adults that is in a specified place frequently or intensively (Such places include schools and care-homes)

Fostering and childcare

Any activity that involves people in certain defined positions of responsibility (Such positions include school govenors, director of children's services and director of adult services and trustees of certain charities)

'Regulated activity' is when the activity is frequent (once a month or more) or intensive (takes place on three or more days in a 30 day period) or overnight."

13. Disclosure in the Diocese

1. Disclosures are only available to organisations that have registered with the CRB and can meet their requirements. Registration for this diocese means the CRB recognises the Bishop of Hereford as the Lead Counter-signatory of an 'Umbrella Body' able to make the Disclosure service available to all parishes, diocesan boards, trusts, other legal entities within the diocesan family and ecumenical groups where the Church of England has a lead role. In this document they are referred to as 'appointing bodies'
2. As well as the Bishop there are several other counter-signatories associated with him and accepted by the CRB. An application for Disclosure will only be issued if it is counter-signed by an approved counter-signatory.
3. Appointing bodies need to assess every post to establish whether Disclosure(CRB check) is necessary.
4. The vast majority of disclosures come back clear. Those with convictions and/or other disqualifying behaviour will be subject to a formal risk assessment by a team with recognised standing and competence in the secular domain. This team will usually include the Bishop's Representative for Child Protection.
5. The CRB requires the bishop, and appointing bodies that access the Disclosure service through him, to comply with a code of practice, to limit the use of the information the CRB provides, and to make sure that personal information is handled and stored sensitively and centrally for a limited period only.
6. To meet CRB requirements, the diocese has put in place an appeals and complaints procedure for those applying for Disclosure and appointing bodies must tell applicants about this. Appointing bodies must also have a fair and responsible policy for employing ex-offenders. ***

14. Portability

1. Current Diocesan policy is that the Diocese does not accept portability of disclosures. This means that disclosures from other employers or organisations are not accepted by the diocese. Each new role or position of responsibility requires a new application for Disclosure. New rules coming into force under the ISA may allow portability in future.
2. A Disclosure carries no period of validity because they are designed for use immediately after issue. They are designed to be used at the point of recruitment for a particular position only, and will be of most use the closer to the date of issue they are used.
3. Applicants would normally have to apply for or produce a new Disclosure certificate within 5 years of the date of issue of the first.

15. Risk Assessment Process for CRB Disclosures

When the Bishop's Office receives a blemished Disclosure (i.e. a Disclosure revealing a conviction or other adverse information) the Bishop's Representative is contacted to initiate a Risk Assessment.

Risk Assessments may also be appropriate when someone in a post subject to Disclosure refuses to apply for CRB disclosure.

Risk Assessments will be carried out by the Bishop's Representative for Child Protection and at least two other authorised persons. In some cases it may be appropriate to seek legal advice from the Diocesan Registrar.

The Risk Assessment Panel's role is:

The Bishop's Office is responsible for communicating the recommendation to the recruiting (employing) body in an appropriate manner.

Technically it is the recruiter (employer) who decides about whether or not to appoint (allow to continue) or apply conditions and it is they who inform the applicant (employee).

Risk Assessment process

Sometimes the risk assessment can be made quickly because it is fairly obvious that either:

• the Disclosure information is not relevant to the position or not sufficiently serious to merit prohibition; or
• the person is disqualified from working with children

Other cases may be more complex and may require interview with the applicant and further information or clarification before recommendations can be made.

If further information is required it will be important to plan how to obtain this sensitively; to consider whether permission is needed from the applicant (postholder) and to what extent, if any, the recruiter should brought into the picture. It may be appropriate to convene a case conference or commission a risk assessment from external bodies.

After considering all relevant information the Risk Assessment Panel recommend that the person should:

1. be appointed (continue); or
2. be appointed (continue) with conditions; or
3. not be appointed (not continue in the position held)

The Bishop's Representative for Child Protection will make a record of the meeting and communicate the conclusions to the Bishop together with any recommendations on the management of 'with conditions' appointments and/or on pastoral and communication issues.

Records of the risk assessment process are retained by the Bishop's Representative for Child Protection indefinitely.

Risk Assessment Criteria

It is illegal to offer work in a regulated position to an individual who is disqualified from working with children (Section 35, Criminal Justice and Courts Services Act 2000). Assessors therefore have no option but to recommend that any such individual should not be offered such a position - whether paid or voluntary. Similarly, they have no option but to recommend that any such individual already occupying a regulated position should no longer hold such a position.

In all other instances, they assess the relevance of the offence to the post and the circumstances of the offence. They also consider the current circumstances and attitude of the applicant, together with any other relevant matters.

Link to Church of England

Appendix 1

DIOCESE OF HEREFORD
PARISH SAFEGUARDING CHILDREN'S POLICY STATEMENT

The Parish of....................................................................

The nominated Parish Child Protection Representative is;
Name
Address
Contact telephone number
The following policy has been agreed and implemented by the PCC.
1. We will implement the House of Bishops' Child Protection Policy Protecting All God's Children (2004), and the diocesan safeguarding procedures. A copy of this policy can be found on www.churchofengland.org
2. We are committed to safeguarding and the care of the children within our church community.
3. We will carefully select and train ordained and lay ministers; volunteers and paid workers who work with children and young people using the Criminal Records Bureau, to check the background of each person as outlined in the diocesan procedures.
4. We will respond without delay to every complaint made, that a child or young person for whom we are responsible may have been harmed or is in significant danger.
5. We will fully cooperate with statutory agencies during any investigation, into allegations concerning a member of the church community. We will inform the statutory agency of any suspected criminal offences or concerns that we are made aware of in respect of our contact with children.
6. We will offer informed pastoral care to any child, young person or adult survivor of abuse and provide details of local and national support agencies.
7. We will supervise any member of our church community known to have offended against a child.
8. We will review this policy annually, checking that all our procedures and activities involving children and young people are up to date.
9. We will review our insurance policy for those working with children ensuring we adopt the advice in the House of Bishops' Policy
10. A copy of this Policy will be displayed on the Parish Notice Board alongside a child line poster which can be downloaded from www.childline.org.uk free of charge.

The PCC has identified the below listed activities involving children and young people to which the House of Bishops Policy applies.
(Detail the activities, frequency, location, and person responsible below you are not limited to 3 you can have as many as you wish.).

Activity Frequency /Location Person(s) Responsible
1.

2

3

Please note the acceptance of the policy and its implementation should be minuted at the PCC meeting. The policy and the activities detailed in it should be reviewed by the PCC on an annual basis
A notice detailing the Child Protection Policy for the Parish should be place on the notice board in the church or Church hall.
For further advce the Bishop's Representative for Child Protection can be contacted on 01886 853566.

Signed & dated by PCC Chair or representative
Church warden
Child Protection Representative
Incumbent

A good practice guide and checklist for implementing or reviewing the Parish Child Protection Policy, and procedures.

 The PCC and incumbent must appoint a Child Protection Co-ordinator for the Parish. (small congregations may wish to make the appointment on a benefice or deanery basis).

 The incumbent the Child protection co-ordinator and a small working party should outline how the policy is to be implemented and detail the activities in the parish. It should include the following areas.

 If any people in the congregation are known to have offended against children the Diocese Child Protection Officer must be informed, and an agreement will be worked out.

 Identify all outside groups using the church premises and follow the procedure for each group.

 Identify all children's, young peoples and mixed aged activities that are the responsibility of the PCC and therefore come under the child protection procedures.

 Check to see if any of the under 8 groups need to be registered with the local authority.

 Identify all leaders and helpers of group above and ensure they are recruited using the CRB and safer recruiting policy.

 Ensure that the confidential declaration form is completed by everyone that is recruited (paid or volunteers).

 Ensure that everyone who is involved with children and young people in a parish has completed a CRB check.

 Decide who the nominated contact is for concerns about a child or young person or behaviour of an adult. (Should be the Child Protection Representative).

 Ensure the Parish Insurance policy covers all activities on and off the premises and includes Legal Protection insurance for employees and volunteers.

 Check that every group have enough volunteers and that there is a gender balance.

 Inspect all premises used by children and young people to make sure they are physically safe and that any health and safety issues are addressed.

 Check that every group has a register of attendance and up to date registration forms (hard back book is best).

 The Parish Child Protection Representative should keep a record of any concerns or any unexpected incidents, ensuring compliance with the Data Protection Act.

 Ensure that the Child Protection Policy is shared with the congregation, volunteers, parents and children.

 Decide what training is required and how to provide ongoing support to children and young people's workers.

 Include alcohol and drugs in the policy for the parish.

 Identify local support groups, counselling services for survivors of child abuse.

 The Policy should be ratified by the PCC and should be signed by the incumbent, churchwardens and Child Protection Representative. It should be reviewed on an agreed date annually.

A reference to the Policy should be clearly displayed on the church notice board together with the contact details of the Parish representative, for anyone who is concerned about child protection.

Suggested notice:

The Child Protection Policy for the Parish of St Name of Church is held with parish records at The Vicarage and can be seen on request.
If you have any concerns regarding Child Protection in this Parish please contact The Child Protection Representative
Name of person tel add number this information will be treated in c