Introduction

This is a safeguarding Code of Practice issued under section 5A of the Safeguarding and Clergy Discipline Measure 2016, as amended by the Safeguarding (Code of Practice) Measure 2021.

The purpose of this Code

This Code imposes requirements on relevant persons (see below) to ensure that all safeguarding allegations and concerns are recognised, responded to, reported and recorded. This Code focuses primarily on safeguarding concerns and allegations which are about Church Officers. At the end of this document there is guidance on responding to concerns that are not about  Church Officers. 

The Code aims to ensure that:

  • Safeguarding allegations and concerns are recognised and responded to appropriately

The status of this document

This is a safeguarding Code of Practice issued under section 5A of the Safeguarding and Clergy Discipline Measure 2016, as amended by the Safeguarding (Code of Practice) Measure 2021.

This Code contains both requirements imposed on relevant persons and guidance to relevant persons on how to comply with the requirements.  The requirements and guidance should always be read together.

Who is a relevant person?

Each of the following is a “relevant person”:

  1. a clerk in Holy Orders who is authorised to officiate in accordance with the Canons;
  2. an archbishop;
  3. a diocesan, suffragan or assistant bishop;
  4. an archdeacon;
  5. a person who is licensed to exercise the office of reader or serve as a lay worker;
  6. a churchwarden;
  7. a parochial church council;
  8. the Chapter of a cathedral;
  9. the Diocesan Board of Education (DBE) for a diocese;
  10. the Diocesan Board of Finance (DBF) for a diocese;
  11. any other diocesan body as defined by section 19 (1) of the Dioceses, Pastoral and Mission Measure 2007;
  12. a body established to carry out a mission initiative as defined by section 80 (1) of the Mission and Pastoral Measure 2011;
  13. a person who is an officer or member of staff of the Archbishops’ Council, or who provides services to the Archbishops’ Council, and whose work to any extent relates to safeguarding children and vulnerable adults; and
  14. a person who works (on any basis) in a diocese or parish, or at a cathedral or for the purposes of a mission initiative, and whose work to any extent relates to safeguarding children and vulnerable adults.

It is important to note that the relevant person is the one who has responsibility for making the requirement happen, and who has the ultimate accountability if it does not.   That does not mean they are necessarily the person who will carry out the requirement.   For example, if a Bishop is a relevant person for a particular requirement, in practice this might be delegated to, for example, an Archdeacon.

Enforceability

Failure by a member of the clergy to comply with a requirement under this Code may constitute misconduct.  Failure by a reader or lay worker to comply with a requirement may be grounds for the revocation of that reader’s or lay worker’s licence.  Other officers, such as Churchwardens, may by suspended from office for failing to comply with a requirement under the Code.  Breaches by trustee bodies, such as a Parochial Church Council (PCC) or a Cathedral Chapter may also trigger an intervention by the Charity Commission.

Application in the Diocese in Europe

This Code must be followed in all the dioceses in the Church of England, including the Diocese in Europe. However, it is recognised that specific considerations will need to be taken into account, which may impact on how the requirements in this Code can be met. In each case, any such considerations must be recorded and should include a clear explanation and rationale for how the underlying intent of the Code is met. 

Such considerations may include, but are not limited to:

  1. Different terminology – where the Code uses the terms “parish”, “priest/vicar” and “Parish Safeguarding Officer”, these should be understood as “chaplaincy”, “chaplain”, “Safeguarding Officer” or any other such terms that are used locally and would be regarded as being of equivalent status, role and responsibilities.
  2. Legal frameworks and statutory services - references to legislation, statutory guidance and statutory partners, agencies or services may be understood as the relevant equivalents within the respective country or territory in which a Diocese in Europe chaplaincy operates. Such structures and legal requirements may be different, and this may affect local practice, both in terms of emergency reporting and ongoing case management procedures. Similarly, local employment legislation and regulatory frameworks for charitable organisations may also differ.