Requirements
4D.2 When managing a safeguarding allegation involving a deceased respondent, the Safeguarding Officer and other relevant persons involved in the management of the allegation must, at all times, remain alert to:
- the fact that the respondent cannot provide a counter view to the allegation;
- the impact that the allegation might have on the relatives of the deceased person;
- what information is shared, how and with whom, including the impact that the information might have on how a person is remembered and their legacy;
- the fact that, in some instances, there may not be any remaining records or evidence relating to the allegation; and
- the role of the Safeguarding Officer is risk assessment and management, not investigation.
Guidance
The Safeguarding Officer may be able to determine, from records and information from statutory services and third parties, that the respondent has already faced trial and been convicted. If the Safeguarding Officer is able to ascertain those facts with clarity and in relation to the safeguarding allegation that is being raised, then their approach to managing the case will be influenced by this information. The role of the Safeguarding Officer is to assess and manage safeguarding risks – not to determine whether the allegation is true or false.
Engagement with the deceased respondent’s relatives
In managing a safeguarding allegation involving a deceased respondent, the Safeguarding Officer should always have consideration to the impact that the allegation might have on a deceased respondent’s family members. Many of them will not know that a safeguarding allegation has been raised and, in most instances, it would not be appropriate for the Safeguarding Officer to engage with them. It is only appropriate in circumstances where the Safeguarding Officer has reasonable grounds to believe that the allegation might be properly made.
In some cases, family members of the deceased person may find out if the complainant makes the allegation public, or if the complainant brings a civil claim against the Church and there is a need to engage with those family members to collate evidence. In such cases, the Safeguarding Officer should seek to engage with them and explain the actions that the Church is undertaking to manage the safeguarding allegation. The Safeguarding Officer should also discuss support needs, to determine if any support could be put in place for the deceased respondent’s family or if they could be referred on to other support services. Providing the family with information about the various processes that may apply, and the extent of those processes, may also be beneficial.
Information-sharing and media handling
The name of the deceased person against whom an allegation is brought, as well as the details of the allegation, should not be shared with anyone who sits outside of the risk assessment and management processes. Information should be shared in line with data protection legislation and advice should be sought from the relevant Diocesan Registrar or data protection lead.
The name of the respondent and details of the allegation should not appear in any public communications. This is particularly relevant for those circumstances in which a safeguarding concern or allegation was not proven in a court whilst the respondent was alive. Where a respondent has been convicted in the past for the specific safeguarding allegation that is being reported, information may have already been shared publicly at the time of the conviction.
Information, including the name of the deceased respondent, may become public through other means, including if the complainant or others involved in managing the allegation disclose that information on social media or to journalists. Allegations of non-recent abuse can be high-profile and attract significant media attention, especially when they involve multiple complainants, respondents or Church Bodies. In such cases, Safeguarding Officers should work closely with the relevant Directors of Communications and others to ensure that an appropriate communications strategy is put in place. Where a safeguarding concern or allegation has not been proven in a court, this strategy should balance the need to respond to any information that has been put in the public domain with the need to respect a deceased person’s memory and legacy. Any communications released should account for:
- the principle that a person is innocent until proven guilty;
- the fact that the respondent cannot provide a response to the safeguarding allegation;
- the need for each decision on what to release in the public domain to be informed by the specific circumstances of each case; and
- the need to avoid stating or implying that a respondent is guilty.
As above, the impact on the deceased respondent’s family and close friends should also be taken into account. Alongside this, the impact of any communications on other potential victims or survivors, linked to the deceased person or not, should also be considered. Any communications should include the contact details of the Safeguarding Officer and information about support services.