Introduction

The purpose of this Code of Practice (‘Code’)

This code imposes requirements on relevant persons to ensure the safer recruitment and ongoing management of those appointed to roles that work with children and vulnerable adults. It also provides guidance to relevant persons on how to comply with the requirements.  Both the requirements and guidance should be read together.  The appendices contain further background and good practice advice. 

The Church of England’s safeguarding policy statement ‘Promoting a Safer Church’ outlines the Church’s commitment to promoting a safe environment and culture across all church bodies1 for children and vulnerable adults. One way in which the Church aims to fulfil this commitment is by setting out safer recruitment and appointment processes and ensuring continued vigilance once someone is in role.  Safer recruitment and people management goes beyond simply obtaining a Disclosure & Barring Service (DBS) Certificate. The reality is that many people who have abused or will abuse in positions of trust do not have a criminal record or are first-time abusers2,  and whilst safer recruitment and people management is a required deterrent, no system can ever be 100% foolproof. That is why the creation of safe, healthy cultures is the most important tool in the safeguarding toolkit. 

The requirements detailed in this document aim to help church bodies to: 

• Attract the best possible individuals to all roles through inclusive, fair, consistent and transparent processes.
• Identify and reject individuals who are unsuitable by following a proportionate but thorough selection process.
• Ensure that robust induction, oversight and supervision processes are in place for those working and volunteering with children and vulnerable adults.   

Reinforcing the safeguarding and wellbeing of children and vulnerable adults throughout the recruitment process and beyond will help create and maintain a safe and positive environment that inspires trust, enabling individuals to thrive and grow and have the very best experience of Christian living through the work of the Church.

Legal framework 

Section 5A of Safeguarding and Clergy Discipline Measure 2016, was inserted by the Safeguarding (Code of Practice) Measure 2021 and came into force on 1 March 2022.

The provisions replace the former “duty to have due regard” with a duty for all relevant persons to comply with the requirements of a code. The difference is that, unless a specific exemption is given (see below), a relevant person must comply with the requirements (blue boxes). 

Where a requirement is imposed, the code also gives guidance on how relevant persons can comply with the requirement. The guidance sets out some good practice examples and explains why the requirement is necessary. In other words, it explains “why and how” to deliver the requirements. 

Enforcement

• Failure by a member of the clergy to comply with a requirement under this Code may constitute misconduct and may be subject to a CDM.  
• Failure by a reader or lay worker to comply with a requirement under this Code may be grounds for the revocation of that reader’s or lay worker’s licence. 
• Other church officers3, such as Churchwardens, may by suspended from office for failing to comply with a requirement under this 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.
• An employee who breaches any requirement may be subject to a disciplinary process.
• A volunteer who breaches a requirement may be asked to leave.

This is in addition to any reporting that needs to be made to statutory services. 

Exemptions 

Whilst the requirements set out in this code must be followed, in certain circumstances, flexibility can be applied to meet the specific needs of individual circumstances in order to apply the code effectively in specific church settings. This can only be done on the advice of: 

• A DSO (for cases involving recruitment at a parish level) 
• A Regional Safeguarding Lead (for cases involving recruitment at a diocesan level).

• 1

  For the purposes of this code, the term “Church Bodies” means Parochial Church Councils (PCCs, CCs (including District Church Councils and Guild Church Councils, or similar bodies), diocesan bodies (including Diocesan Boards of Finance (DBFs) and Diocesan Boards of Education (DBEs)), cathedrals, religious communities, mission initiatives (for example a Bishops Misson Order (BMO)), and the National Church Institutions (NCIs).

• 2

  See Love & Norris (2020): Background Checks - No Silver Bullet 9-24-2020 [APS].docx and Jay (2004): The Nature and Scope of Sexual Abuse of Minors by Catholic Priests and Deacons in the United States | IPCE

• 3

  “Church Officer” is anyone appointed/elected by or on behalf of the church to a post or role, whether they are ordained or lay, paid or unpaid.

At diocesan and parish level, different terms may be used to describe a lay worker or reader, according to a particular missional need.  However, for the purposes of being a relevant person, the provisions extend to those who have been licensed to the office of reader or to serve as a lay worker by the bishop under Canon E 5 or E 6. 

It is important to note that the relevant person is the individual who has responsibility for making the requirement happen, and who holds 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 – but the bishop continues to retain ultimate accountability.

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 the record 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.

Scope of this document

The requirements in this code must be followed for the recruitment of and/or appointment to all roles within a church body that involve substantial4 contact with children and/or vulnerable adults. Such roles include, for example, members of the clergy authorised to officiate, Readers/Licensed Lay Ministers (LLMs), lay workers, or youth workers.  Appendix A contains more information on how to assess whether a role needs to be subject to safer recruitment processes. However, it must be borne in mind that with the exception of certain levels of DBS checks, “safer” recruitment is simply good recruitment, and a church body can include all aspects of the guidance into their own recruitment policy if they wish.

The code also applies to applicable roles that are performed outside of England, for example where individuals belonging to a church body participate in overseas/link work. It will also apply to those from other countries who are coming to work in an applicable role in England and includes exchange programmes. 

This code is intended to sit alongside and work in conjunction with Human Resources (HR) policies and procedures that may already be in place within the church body, (whether at parish, cathedral, diocesan, mission initiative, chaplaincy or NCI level). Church Bodies must be mindful of the fact that there are HR related elements not addressed in this Code as its focus is the safeguarding activity involved with recruitment and people management. Other aspects of HR practice that should be considered include, for example, Diversity, Equality, Data Protection, Employment Law.

This code does not cover roles that are not subject safer recruitment, which will fall under the normal diocesan or other church body recruitment process. 

For the avoidance of doubt, this code also does not cover any “retrospective” recruitment. Safer recruitment process have been in place in the Church of England since 2016, therefore anyone appointed after this date should have been subject to the recruitment process that was in force at that time.  Even if people were appointed or joined before this date, it is not appropriate to go back and repeat the recruitment process at this stage, as long as the three yearly DBS checks (where required) are carried out and the safeguarding training is up to date.     

Minimum Requirements

It should be noted that the requirements outlined within this code serve as a minimum requirement. As mentioned above, many aspects of this code simply describe good recruitment practice. If church bodies wish to adopt broader practices and processes that go beyond the minimum requirements, then they are encouraged to do so, as long as they are in keeping with all relevant legislation e.g. you cannot ask individuals if they are barred from working with children and/or vulnerable adults or to disclose spent convictions if the role is not eligible for certain DBS checks. 

Even where roles are not identified as having “substantial” contact with children or vulnerable adults, church bodies may still wish to implement aspects of safer recruitment practices where an element of safeguarding risk is identified or if individuals hold a position that shapes and influences the culture of a church body. Again, this must be done in line with relevant DBS and GDPR legislation e.g. you must continue to comply with the legislative requirements in relation to eligibility for enhanced DBS Checks under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 and the Police Act 1997 (Criminal Records) Regulations 2002. 

Third Parties

The requirements in this code must also be applied to engagement with third parties where applicable. Examples of third parties include a partner organisation/charity, use of agency staff & contractors, ecumenical partnerships and/or in multi-denominational contexts. This list is illustrative, not exhaustive, and a case-by-case decision would need to be made and evidenced to consider factors such as frequency and the nature of the arrangement.  Church bodies must assure themselves that safer recruitment processes and people management standards have and will be followed by the third party and are compliant with the requirements detailed in this code. 

For the purposes of this code, any musicians or members of a choir who are not employed and operate under any other form of contract, should be treated as third parties.   Also for the purposes of this code, ordained members of clergy from other denominations would be treated as “third parties”, as the responsibility for safely recruiting and managing them lies with their own denomination, but church bodies should seek reassurance from the responsible body that the individual is safe to have in their premises and serve in the required assignment/work.   

Proportionate Processes

The Church of England is a complex collection of different organisations with many different roles, paid as well as voluntary.  As such, specific appointment processes will vary depending on the exact scope and function of each role as they will need to be proportionate to the degree of safeguarding risk and responsibility. For example, the role description for some volunteer positions might be briefer than for an employed position; the range of questions in an interview for some volunteer positions might be more limited than for other volunteer positions with more complex safeguarding responsibilities (e.g. Support / Link Person roles). The “advertising” for a Diocesan Safeguarding Officer (DSO) or National Safeguarding Team (NST) role will be more substantial than when a parish is seeking volunteers.   See Appendix B for examples as to how a proportionate approach might work in practice. 

Key Principles and Practices

Nevertheless, the key principles and practices detailed in the requirements of this code must apply to all positions in the Church of England which involve substantial contact with children and/or vulnerable adults. Failure to apply these principles and practices exposes children and vulnerable adults to greater risk of abuse by people who will target and exploit inadequate safeguards. Church officers must be vigilant to the nature and reality of grooming behaviour.  It is recognised that this will pose challenges for some church bodies, but compromising the safety of children and vulnerable adults by not following these principles and practices is not an acceptable response if the Church wants safeguarding to be part of its DNA. Church Officers must not elevate the desire to undertake an activity above the need to do that activity safely. 

• 4

  In practical terms, what is trying to be established here is a difference from “casual contact” of the type a shopkeeper would have with children and vulnerable adults.  Shopkeepers are likely to come across all types of people whilst working in their shop.  The fact that they might come into contact with the vulnerable would not be enough for them to be eligible for an enhanced check and the same principle should be applied to all roles.  An enhanced check cannot be carried out just because a role might come into contact with a vulnerable person, (i.e. children or vulnerable adult).  In the past this has been referred to by Government officials in relation to eligibility as the “shopkeeper test”. 

Structure of the Code 

This Code is structured into four sections, according to the type of role that is being recruited to.  It should be noted that the Clergy pathway applies after ordination and always applies.  For other roles, the assessment needs to be made as to whether the role involves substantial contact with children, young people and/or vulnerable adults.