Requirements
6.13 Prior to closing a case which it has managed, the SCMG must consider:
- whether an apology to the complainant is needed;
- if any additional or ongoing support for the complainant or the respondent is needed, and how this will be coordinated after the closure of the case; and
- if any additional or ongoing support for any Church community affected is needed, and how this will be coordinated after the closure of the case.
6.14 The Chair of the SCMG and the Safeguarding Officer (or, if appropriate, another SCMG member) must write to the complainant and the respondent to inform them about the outcomes and closure of a case. This applies even if the risk was found to be unsubstantiated.
6.15 The Safeguarding Officer must record the outcomes of the safeguarding process in the case files and in the clergy personal file (blue file) where appropriate. This applies even if the risk was found to be unsubstantiated.
6.16 After the closure of a case, the SCMG must undertake a reflective practice exercise, and must consider if a recommendation to undertake a Safeguarding Practice Review should be made to the DSAP (or an equivalent committee).
Guidance
Ensuring that the complainant is informed about the outcomes of the safeguarding process is an important element of providing a degree of closure. Whilst the process under this Code cannot provide the same level of closure as a criminal justice or disciplinary process, communicating to the complainant that their allegation was taken seriously, and sharing the actions that were undertaken as a result of them raising their allegation with the Church, can provide a degree of reassurance.
Complainants might feel hurt, frustrated, disappointed or disagree with the outcomes of the safeguarding process. Providing them with a safe space to express those emotions, can be beneficial in supporting them to move forward. To this end, it is good practice for Safeguarding Officers to ask complainants what their preferred method of communicating this decision would be. This could include offering a face-to-face discussion or a call to discuss the outcomes of the process, if this would be beneficial to them.
Ongoing support for complainants must be offered in line with the “Responding Well to Victims and Survivors of Abuse” guidance. In certain circumstances, the SCMG must consider the provision of an apology to the complainant. Section 7 of the guidance includes requirements and guidance regarding apologies, including consideration of how the complainant would like the apology provided and by whom.
Providing closure to the respondent
Feedback from respondents has consistently emphasised the importance of providing closure when a safeguarding process is concluded. Communicating that a process has come to an end, the outcomes of it and the boundaries any future engagement (e.g. if a Church Safety Plan is put in place) plays an important part in this. To this end, it is good practice for Safeguarding Officers to ask respondents if a face-to-face discussion or a call to discuss the outcomes of the process would be beneficial to them.
Recording information
Safeguarding Officers should ensure that all the key information regarding a case is appropriately recorded on the National Safeguarding Case Management System (NSCMS). This should include information about referrals, meetings that were held, decisions and outcomes, including the rationale for all of these.
Church Bodies will need to make it clear to complainants and respondents what data will be processed and why, and where and for how long that data will be stored. Church Bodies can include this information in a Privacy Notice.
It is important to note that, under data protection legislation, individuals have a right to ask an organisation whether or not they are using or storing their personal information, by making a Subject Access Request (SAR). Guidance on SARs can be found on the website of the Information Commissioner’s Office. Any records made by the Safeguarding Officer as part of the management of a case could be subject to a SAR. Guidance on records management is available on the Church of England website, which includes specific guidance on the management of safeguarding records.
For members of clergy, key information about the allegation should be added on that member of clergy’s personnel file, with a cross-reference to any personal files held on a relevant case management system. Further guidance on clergy personnel records can be found in the “Personal files relating to clergy” House of Bishops’ policy.
Reflective learning exercises and Safeguarding Practice Reviews
As set out in the Safeguarding Practice Review Code of Practice, it is a requirement that every SCMG conducts a form of reflective exercise after the case has reached a conclusion. In some cases, this may be a very short exercise, in others it may require the commissioning of a formal Safeguarding Practice Review. Further information on when to commission a formal Review, and the types of exercises that can be undertaken can be found in the Code.