Section 2.1: Initial Contact

Guidance 

2.1 – When to make initial contact with the complainant and respondent

This timing of this decision must be informed by:

• advice from the police and other statutory services (if involved), to ensure that statutory processes are not undermined;
• the complainant’s wellbeing and personal circumstances, including any known welfare needs;
• the safety of the complainant, including the nature of the allegation and any risks that may arise from making contact.

A trauma-informed approach must be embraced when establishing contact with the complainant and support must be offered in line with the requirements and guidance set out in the Responding Well to Victims and Survivors of Abuse guidance. This includes the provision of a Support Person. The different support options should be presented to the complainant in enough detail to enable to them to choose the options that best meet their needs. See Section 2.2 - Initial contact and support for more information.

In cases in which the complainant is the spouse of a member of clergy and that relationship is breaking down (or has broken down), the Policy and Guidance for the Church of England in the care of the spouses and partners of divorced and separated clergy must be followed.

When gaining an initial account of the allegation from the complainant, the Safeguarding Officer should consider their needs and the potential impact that the alleged abuse might have had on the person’s ability to engage with the process, their desire to offer a full disclosure, and their ability to fully recall the details of the allegation. Complainants should be given the space and time to disclose and engage with the process at their own pace.

In situations in which a complainant does not wish to be contacted by the Safeguarding Officer and does not want to be involved in the assessment of an allegation, the Safeguarding Officer should respect their choice. However, they should discuss with the complainant that they will still need to follow the relevant safeguarding processes to ensure that the safety and wellbeing of children, young people and vulnerable adults are protected. The complainant’s preference not to be involved in these processes might mean that any action undertaken is limited, due to limited information being available. Nevertheless, the Safeguarding Officer continues to have a duty to consider such information, follow the relevant processes and ensure that any risk is assessed and managed.

Gathering relevant information

Following the initial record checks and discussions with the complainant and the respondent, subsequent safeguarding enquiries may include, but are not limited to:

• a more thorough verification of existing records;
• receiving and reviewing additional records from all parties involved, including from statutory services;
• receiving written or recorded statements from the complainant / respondent;
• carrying out interviews with the complainant, the respondent, any witnesses and any other relevant individuals, in order to gather other relevant information.

From the complainant

Sharing experiences of abuse can be a painful and re-traumatising experience, and it is for this reason that the wellbeing of the complainant should be prioritised during any engagement. The Safeguarding Officer should embrace a trauma-informed approach and take the time to listen to the complainant and allow them to continue at their own pace. The Safeguarding Officer should offer the complainant different ways in which they can feed back their experiences and views, such as: in a face-to-face or online meeting, in writing, or in video / audio recording format, provided that these means allow for the Safeguarding Officer to collate all the information that they need.

Some complainants may struggle to recall the full details of their experiences, particularly in cases involving non-recent abuse. This may be due to their memory becoming fragmented as a trauma response, or due to the difficulty in re-telling a traumatic experience. Offering them the option to meet multiple times over a period of time can ensure that the complainant feels that their voice has been heard, their wellbeing is supported, and the Safeguarding Officer gains a full account of the allegation. This does need to be balanced with the need for the process to be delivered in a timely manner and the wellbeing of the respondent. To this end, the Safeguarding Officer should discuss with the complainant their needs and preferences and agree an end point. The Safeguarding Officer should, wherever possible, check with the complainant that they have completely and accurately taken down the information which it has been provided. A written version of this can be provided at the complainant’s request.

From the respondent

Respondents must be offered opportunities to respond to the allegations made against them. When engaging with the Safeguarding Officer, they might experience and express a range of emotions.  They may be calm, anxious or concerned. Some may be willing to collaborate and share information freely, others may be more reticent to do so. Any communication and engagement with a respondent must take into account their wellbeing. The Safeguarding Officer should take the time to listen to the respondent and allow them to continue at their own pace. Safeguarding Officers should ask follow-up questions but should not ask questions that are intrusive into someone’s personal life without explaining why that question / information might be relevant for the management of the case.

From other sources

Other sources which might provide Safeguarding Officers with relevant information include:

• reviewing any records provided by the complainant, the respondent and / or statutory services;
• searching and reviewing any records (e.g. archival information, clergy personnel records) to understand if any similar concerns or allegations were raised about the respondent in the past and, if applicable, how these were dealt with;
• talking to individuals who work or have worked closely with the respondent;
• talking to individuals who might have witnessed the events or behaviours raised as a concern or allegation, or other events or behaviours that can be used to draw conclusions about the respondent’s behaviour.

When engaging with these individuals, similar principles of prioritising care and wellbeing should be followed. Any questions asked should be open and should not be biased or leading.