|
Frequently Asked Questions
Please find listed below Frequently Asked Questions regarding Safeguarding issues and Criminal Records Bureau Disclosures. Safeguarding FAQs: What is the Catholic Church's policy on the safeguarding of children and vulnerable adults? The Church recognises the personal dignity and rights of all Vulnerable People towards whom it has a special responsibility. The Church and individual members of it undertake to take all appropriate steps to maintain a safe environment for all and to practice fully and positively Christ's Ministry towards children, young people and vulnerable adults and to respond sensitively and compassionately to their needs in order to help keep them safe from harm. The Church authorities will liaise closely with statutory agencies to ensure that any allegations of abuse are promptly and properly responded to and where appropriate survivors supported and perpetrators held to account. The Church wishes to ensure that its parishes and Religious Congregations have the confidence to enable vulnerable people to have peace of mind, knowing they will be cared for and loved by their Christian community. How do I find out who deals with safeguarding matters in the Catholic Church in England and Wales? You can contact your local Parish office or Church, or the Diocesan office to find out how to get in touch with the Safeguarding Coordinator, Safeguarding Officer or Local Safeguarding Representative. Details of your Diocesan Safeguarding team can be found via the relevant Diocesan website available under the "Links" page of this website. What is meant by “safeguarding” children or vulnerable adults? Below are some the main definitions to assist you in understanding what is meant by child abuse, child protection and safeguarding of children and vulnerable adults. It is important to remember that if you are not sure what is meant or whether concerns exist you should seek clarification via a Safeguarding Co-ordinator, Safeguarding Officer or Local Safeguarding Representative. Definition of a child A child is a young person who has not yet reached their eighteenth birthday. Safeguarding and promoting the welfare of children
Child Protection This is a part of safeguarding and refers to the activities undertaken to protect specific children who are suffering or are at risk of suffering Significant Harm. Significant Harm · 'Harm' means ill-treatment or the impairment of health or development, including for example, impairment suffered from seeing or hearing the ill-treatment of another; · 'Development' means physical, intellectual, emotional, social or behavioural development; · 'Health' means physical or mental health; · 'Ill-treatment' includes sexual abuse and forms of ill-treatment which are not physical. Where the question of whether harm suffered by a child is significant turns on the child's health and development, the health or development shall be compared with that which could reasonably be expected of a similar child e.g. of similar age, gender, culture etcetera (S 31 (9) (10) of the Children Act 1989 as amended by the Adoption and Children Act 2002) Child Abuse and Neglect These are forms of maltreatment of a child. Somebody may abuse or neglect a child by inflicting harm, or by failing to act to prevent harm. Children may be abused in a family or in an institutional or community setting, by those known to them or, more rarely, by a stranger. They may be abused by an adult or adults, or another child or children. Physical abuse This may involve hitting, shaking, throwing, poisoning, burning or scalding, drowning, suffocating, or otherwise causing physical harm to a child. Physical harm may also be caused when a parent or carer fabricates the symptoms of, or deliberately induces, illness in a child. Emotional abuse This is the persistent emotional maltreatment of a child such as to cause severe and persistent adverse effects on the child's emotional development. It may involve conveying to children that they are worthless or unloved, inadequate, or valued only insofar as they meet the needs of another person. It may feature age and developmentally inappropriate expectations being imposed on children. It may involve seeing or hearing the ill-treatment of another. It may involve serious bullying, causing children frequently to feel frightened or in danger, or the exploitation or corruption of children. Sexual abuse This involves forcing or enticing a child or young person to take part in sexual activities, including prostitution, whether or not the child is aware of what is happening. The activities may involve physical contact, including penetrative e.g. rape, buggery or oral sex or non- penetrative acts. They may include non-contact activities, such as involving children in looking at, or in the production of, sexual online images and photos, watching sexual activities, or encouraging children to behave in sexually inappropriate ways. Neglect This is the persistent failure to meet a child's basic physical and/or psychological needs, likely to result in the serious impairment of the child's health or development. Neglect may occur during pregnancy as a result of maternal substance abuse. Once a child is born, or at any age, neglect may involve a parent or carer failing to:
These definitions are from Working Together to Safeguard Children 2006. Definition of a Vulnerable Adult A vulnerable adult is a person aged 18 or over, 'who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.' Lord Chancellor's Department 1997 and Section 2 'No Secrets', Department of Health and the Home Office (2000). The Safeguarding Vulnerable Groups Act 2006 defines a vulnerable adult as follows: 'A person is vulnerable in the context of the setting in which they are situated or the service they receive as follows;
A person's level of vulnerability may increase or decrease according to the circumstances they experience at any given time. Vulnerable adults could include people with:
'Abuse is a violation of a person's human and civil rights by another person or persons' ('No Secrets', DoH 2000). 'Abuse may consist of a single act or repeated acts. It may be physical, verbal or psychological, it may be an act of neglect or an omission to act or it may occur when a vulnerable person is persuaded to enter into a financial or sexual transaction to which he or she has not consented or cannot consent. Abuse can occur in any relationship and may result in significant harm to or exploitation of the person subjected to it.' ('No Secrets', DoH 2000). A consensus has emerged identifying the following main different forms of abuse, whether deliberate, through negligence or ignorance:
Applying these definitions to different circumstances may not always be easy. Many situations may involve combinations of these elements. If there is difficulty in defining a situation this should be discussed with the Safeguarding Co-ordinator or Officer. The Religious Safeguarding Co-ordinators will link in and consult with their diocesan colleagues as appropriate. I am being abused by someone in the Church. What should I do? Tell someone as soon as possible. What you say will be taken seriously. You can choose who to talk to. There are some people in the Church who have special safeguarding jobs; they are called Safeguarding Coordinators, Safeguarding Officers (at least one in every diocese) or Local Safeguarding Representatives (at least one in every parish). Details of your Diocesan Safeguarding Team can be found via the relevant Diocesan website (available under the “Links” page of this site). Alternatively, you may prefer to tell someone in the Church that you already know such as a priest or a youth leader. They will make sure that you get help. They need to let one of the above people know that there is a child or adult protection matter to be dealt with. You can also contact the local Police Child Protection Team or Social Services Child or Adult Protection Team in your area. The telephone numbers for these will be in your local telephone directory or on websites. It is the policy of the Catholic Church to always inform statutory authorities (Police and Social Services) that abuse has been alleged. This is done in order to prevent further abuse from happening and to make sure that past abuse is properly dealt with. I have suffered abuse by someone in the Church in the past. What should I do? Understandably, many people find it difficult to tell anyone about the abuse they have suffered. It may be many years after the event before a disclosure is made, perhaps when the victim is an adult. Even then, the Church will act. Tell someone about the abuse. You will be listened to and what you have to say will be taken seriously. You can choose who you talk to. There are some people in the Church who have special safeguarding jobs; they are called Safeguarding Coordinators, Safeguarding Officers (at least one in every diocese) or Local Safeguarding Representatives (at least one in every parish). Details of your Diocesan Safeguarding Team can be found via the relevant Diocesan website (available under the “Links” page of this site). Alternatively, you may prefer to tell someone in the Church that you already know such as a priest or a youth leader. They will make sure that you get help. They need to let one of the above people know that there was a child protection matter to be dealt with. You can also contact the local Police Child Protection Team or Social Services Child or Adult Protection Team in your area. The telephone numbers for these will be in your local telephone directory or on websites. Do not let the abuser know that you are going to talk to someone about the abuse as they may attempt to interfere in some way. This could prevent you from getting help for yourself or helping to stop someone else being abused by the same person. It is the policy of the Catholic Church to always inform statutory authorities (Police and Social Services) that abuse has been alleged. This is done in order to prevent further abuse from happening and to make sure that past abuse is properly dealt with. I am worried that a child or vulnerable adult may be being harmed by someone in a family or household. What should I do? Report the matter to the Police or local Social Services Department whose telephone number will be in your local phone book or on a Police or Local Authority website. I am worried that a child or vulnerable adult may be being abused by a member of the Clergy or Religious, or by an employee or volunteer within the Catholic Church. What should I do? Immediately inform the Local Safeguarding Representative for your parish. If you are unable to contact them, inform the Safeguarding Co-ordinator/Officer for your Diocese or Religious Congregation. Details of your Diocesan Safeguarding team can be found via the relevant Diocesan website available under the "Links" page of this website. What will happen when I inform someone that a child or vulnerable adult is being abused by someone working for the Church? It is the policy of the Catholic Church in England and Wales to ensure that all allegations of abuse are referred immediately to the Police and Social Services Departments who are responsible for investigating those allegations. We do this in the interests of the vulnerable to make sure that all information available is shared with those with the legal responsibility and professional training to investigate and also to ensure that there can be no possible suspicion of a cover-up by the Church. In cases where the Statutory Authorities decide that they will not, or cannot investigate, but concerns remain about the safety of children and young people or vulnerable adults, enquiries will be made by those with responsibility for safeguarding within the Church. In all cases, the safety and welfare of the vulnerable is the first consideration. Where allegations of abuse are made, it is the policy of the Church to remove the person accused from any role that brings them into contact with the vulnerable, while investigations or enquiries are going on, in order to find out what is the best course of action to take to protect the vulnerable in our communities What about confidentiality? What happens to people working in the Church who are accused of abuse? · After consultation with Police and Social Services, if the person accused of abuse is a member of the Clergy or a Religious Congregation, or is a paid worker or a volunteer, that person will be removed from the role that brings them into contact with children, young people and vulnerable adults. It is important to acknowledge that these actions are taken without prejudice and do not automatically indicate that a person accused of abuse is guilty. Such actions are precautions. Final judgements are made following the completion of enquiries. It is possible that someone accused of abuse may be reintegrated to their role, depending on the circumstances of the case. · Information about alleged abuse is shared with the Police and Social Services as they have a statutory responsibility to investigate abuse allegations. · Enquiries will be made to find out if there is evidence to support the allegation. Sometimes people accused of abuse are arrested and after full investigations, some may be prosecuted. · The Church has a responsibility towards all of its members and will consider what support a person accused of abuse may need. · In seeking to meet the support needs of people accused of abuse, the Church will strive to minimise risks to others and will use a written agreement called a "Covenant of Care" to make clear what conditions and restrictions apply to the accused person, as well as what support will be made available. · In cases where the allegation was malicious, an accused person can expect this to be publicly acknowledged to set the record straight. What if the person accused of abuse is dead? Even if information about abuse in a Church setting relates to an accused person who is dead, the Church will take this seriously and follow it up. It is still important for such information to be shared with Police and Social Services as it could be relevant to other enquiries. The Church also has a responsibility to respond to the support needs of anyone who has been abused as it may be possible to help them. How can people who have abused within the Church be prevented from abusing in other organisations? When the Church receives information that someone has abused a vulnerable person within a Church setting, it has responsibility to help prevent that person from abusing in other organisations. The Church will make sure that Police and Social Services are informed about alleged abuse. In some cases, abusers will be prosecuted. In every circumstance permitted by law, the Church refers names of people accused of abuse within a Church setting to the Independent Safeguarding Authority. Volunteers as well as employees and office holders are reported in circumstances where the "employer" has dismissed a person, would have considered dismissing him or her, or has transferred him or her to a post away from vulnerable people as a result of allegations made. When someone applies for a job or volunteer position involving children, young people or vulnerable adults, the organisation that is recruiting must make checks through the Criminal Records Bureau before a person can be appointed. What does the Catholic Church do to prevent abuse from taking place? The Catholic Church regards prevention as the top priority and has policies and practices to minimise the opportunity for abuse. The National Policy for Creating a Safe Environment for Vulnerable People in the Catholic Church in England & Wales, (available from www.csasprocedures.uk.net, section 4.1) contains detailed guidance based on the principles of "Safe From Harm": A Code of Practice for Safeguarding the Welfare of Children in Voluntary Organisations in England and Wales" (Home Office, 1993) and provides the policy statements, a section on choosing employees and volunteers, training and managing them and managing the work of the organisation. In addition to this policy, all those working with children and young people and those working with vulnerable adults are required to undergo Criminal Records Bureau (CRB) Disclosures through CSAS, which acts as a Registered Body. The Code of Practice for Vetting and Barring including Criminal Records Bureau Checks (available from www.csasprocedures.uk.net, section 4.7) describes the process by which this is undertaken and the requirements of recruitment and selection under the CRB system for those who need Criminal Records Bureau Disclosures. How can the Church stop people who want to abuse children or vulnerable adults from joining in activities that give them access to vulnerable individuals or groups? The Church has policies and procedures that offer protection to children, young people and vulnerable adults; these include standards for safe recruitment to paid and unpaid posts. There are job or role descriptions with clear roles and responsibilities, application forms for roles or posts, a requirement for written references, interviews of candidates and processing of Criminal Records Bureau (CRB) checks. All of these play a part in ensuring the selection of people who are safe to work in the Church. In each Diocese or Religious Congregation there is a Safeguarding Coordinator or Officer. In parishes and Religious Orders there are also Local Safeguarding Representatives. These posts exist to make sure that the Church's national safeguarding policies and procedures are implemented at local level. The Church has also developed policies and procedures that offer guidance to Clergy and Religious and paid and volunteer workers for example, about appropriate conduct when working with children or running activities for them or other vulnerable groups, (the National Policy for Creating a Safe Environment for Vulnerable People in the Catholic Church in England & Wales, available from www.csasprocedures.uk.net, section 4.1). This indicates standards that are expected and acts as a deterrent to people who do not wish to uphold them. There is a Code of Conduct for adults involved in contact with children, young people and vulnerable adults that can be displayed publicly (see Section A of the policy). The National Procedure for how to Respond to Concerns & Allegations (available from www.csasprocedures.uk.net, section 3) contains measures to ensure removal of people who are the subject of allegations from posts or roles or to restrict their activities so as to ensure that they have no unsupervised access to vulnerable people pending the outcome of investigations and enquiries. These steps are taken as a precaution and do not mean that the person is believed at that time to be guilty of the alleged abuse. Long term removal from ministry is an option and is used in appropriate circumstances. There is a National Policy for Independent Risk Assessment (available from www.csasprocedures.uk.net, section 4.2) which sets standards and provides a basis on which the Church can make informed decisions about an individual's access to vulnerable people in Church settings or roles. Risk assessments are also used to help formulate an appropriate plan to manage any identified risks. All Catholics have a right to receive the Sacraments and participate in the life of the Church. However, for those who are known to present a risk to others, it is necessary to ensure that these rights do not interfere with the safety of others. The national policy which frames the Church's commitment to supporting victims of abuse and people accused of abuse (the National Policy for the Support of Those Affected by Allegations of Abuse Within a Church Setting, available from www.csasprocedures.uk.net, section 3.4) provides guidance on how to manage the needs of the accused to continue to practice their faith as members of the Church whilst also ensuring that protection of children, young people and vulnerable adults is the foremost consideration. This policy contains a structure for a "Covenant of Care" that is used to make clear what restrictions are being imposed to protect children, young people and vulnerable adults. The Church has a National Policy on Testimonials of Suitability & Supply Clergy (available from www.csasprocedures.uk.net, section 4.6) that applies to Clergy and Religious seeking to do supply work. This policy also covers priests and religious entering this country from abroad and aims to screen people seeking to work here so that any concerns are identified before they arrive. Entry will not be allowed if references are not satisfactory. How does the Church support those who have suffered abuse? In the past there have been people who experienced abuse by Church personnel and who found the response of the Church to be inadequate and uncaring. The Church is committed to continuing to learn how to respond in a supportive and healing way to the needs of those who have suffered abuse. The Church has a National Policy for the Support of Those Affected by Allegations of Abuse Within a Church Setting, available from www.csasprocedures.uk.net, section 3.4. This policy embodies the pastoral responsibility of the Church towards those affected by abuse and seeks to ensure that the support needs of all those affected by abuse are effectively addressed. What support is provided to those accused of abuse who are Clergy or Religious? The Church's policy " Support of Those Affected by Allegations of Abuse Within a Church Setting”, available from www.csasprocedures.uk.net, section 3.4. includes guidance on supporting Clergy and Religious. The Bishop or Religious Leader is responsible for pastoral care for the accused. The Church will appoint a Support Facilitator. Those accused of abuse will receive support using the Covenant of Care for Clergy and Religious which is contained in the Church’s policy. This is a written agreement which ensures that a Support Facilitator offers advice about sources of help; access to legal or Canonical representation; emotional, spiritual or practical support; regular time to meet and information about safeguarding concerns. Criminal Record Bureau (CRB) FAQs: CSAS is a Registered Body of the CRB and adheres to CRB Code of Practice. The National Policies & Procedures (available and downloadable from the Documents section of this website) used within the Catholic Church of England & Catholic Church specific FAQs - How do I obtain a CRB Disclosure application form a role in the Church? Please refer to your Local Safeguarding representative in your parish or Religious Order; your Diocesan Safeguarding office or the person responsible for the recruiting of that post. We have a priest who is also working as a Head Teacher at a private school in the area. Should we do a CRB check? The CRB withdrew its Portability Service (the ability to reuse a Disclosure obtained through one Registered Body for one post for the purposes of another unrelated role/organisation) in April 2006. The CRB at this time advised Registered Bodies that those that continued to use portability did so at their own risk and following consultation with the then COPCA Management Board, CSAS (formerly COPCA) and the Catholic Church of England & Wales do not use CRB Disclosures obtained via another Registered Body. Therefore a CRB Disclosure would be required for the Church role. We have a volunteer carrying out a number of functions within our parish and therefore are unsure what the job title on the Disclosure application should state? For volunteers working with children, the role title should state "Church Ministry CHN"; for volunteers working with vulnerable adults, the role title should state "Church Ministry V Ad" and for volunteers working with both groups, the role title should state "Church Ministry CHN/V Ad". No reference to the voluntary status of the role should appear in the role title field. The Counter-Signatory will ensure that the "Volunteer" box on the rear page of the Disclosure application is marked accordingly. We have a volunteer, previously CRB checked via another Diocese, who will be taking up a post in our Diocese - should we CRB check them again? Check that the previously completed CRB Disclosure was at an Enhanced level (as from 12 Oct 2009 any role engaging with vulnerable groups can only have an Enhanced Disclosure as Standard level checks became unavailable for such roles) for the role they will be undertaking in your Diocese. Compare the duties of the role they will be performing for you against the role they were previously CRB checked. If the latest role is one of greater responsibility or requires an Enhanced check and the previous check was Standard, then a new CRB Disclosure will be required. Additionally if the previous CRB check was completed over 12 months ago, a new check can be requested or if the individual was checked against children or vulnerable adults and will now be working with the other group, a new check will be necessary. The National Database should be referred to in order to clarify the above information and identity documentation should be rechecked. We have a volunteer who is a retired teacher. They had a CRB check done in 2003 - do we need a new Disclosure? Yes. As the original Disclosure was obtained via another Registered Body (see question above re Head Teacher) and CSAS does not accept "ported" Disclosures. Also the Disclosure is dated beyond 12 months (see question above). Can we store the Safeguarding Self Declaration (previously known as a Confidential Declaration Form or CDF) on an individual's personnel file? No. Disclosure information should never be kept on an applicant's personnel file. The self disclosed information is of equal sensitivity to the CRB information and should be stored in the Safeguarding office or with Safeguarding Coordinators in accordance with the Safe Storage, Handling & Retention Policy as per CRB Code of Practice. Only those entitled to see the information for the purposes of doing their job should have access to it. What is the minimum age of an applicant for a CRB check to be carried out? Within the Catholic Church of In regulated Care Homes, please note that CSCI (the regulator for the Care sector in England – CSW for Wales) requirements supersede CSAS policies therefore it may be that a worker under the age of 18 years of age would be required to be CRB checked for a role in a regulated Care Home setting. Legislation FAQs - Are these Disclosures an invasion of civil liberties? No. Criminal record checks have been made for many years - principally for the protection of children, various licensing purposes and national security. The new arrangements enable this to continue but on a wider scale, allowing more organisations in both the voluntary and private sector to make similar checks. Disclosure does not breach civil liberties, as an applicant must consent to making an application in the first instance. Do I have the right to see personal data that the CRB holds about me? Yes. Please refer to the CRB website for further information on this. What considerations have been given to the Human Rights Act with regard to Disclosures? The Home Office has given due & full consideration to the Human Rights Act in framing this legislation. Disclosure is a fully consensual process, with the applicant agreeing to and applying for the check. The applicant is also the recipient of the Disclosure with a copy being sent to the prospective employer/organisation. There is always a balance between the rights of the individual to privacy and the rights of the vulnerable to be protected from harm. What consideration has been given to the Data Protection Act? Full details concerning the Data Protection Act and CRB Disclosures can be located on the CRB website. What is the Rehabilitation of Offenders Act 1974? Full information regarding this Act, can be located on the CRB website. What is "Portability"? This is the term given the to re-use of a Disclosure by various organisations. Full details about Portability can be located on the CRB website. CRB Process - How does the Disclosure process work? Full details of the process can be found on the CRB website What is an Enhanced Disclosure? Enhanced Check or Enhanced Disclosure: From October 2009, this level of check relates to those working in “regulated activity” as defined within the Safeguarding Vulnerable Groups Act 2006. “Regulated Activity” is defined as:
OR
AND
It also extends to those managing those undertaking such work. With effect from 12 Oct 2009, anyone working with vulnerable groups must have an Enhanced Disclosure and Standard level checks are not permitted for those working with children or vulnerable adults.
This level of check involves an additional level of check to those carried out for the Standard CRB check - a check on local police records. Where local police records contain additional information that may be relevant to the post the applicant is being considered for, the Chief Officer of police may release information for inclusion in an Enhanced check. Exceptionally, and in a very small number of circumstances (typically to protect the integrity of current police investigations), additional information may be sent under separate cover to the Countersignatory and should not be revealed to the applicant. Completing the CRB Application Form -
In order to avoid confusion and prevent the CRB from querying your application, please ensure that you repeat your surname in "Any other surname used" thereby highlighting that you have not been known by any other surname than your birth surname. What if I have a criminal record that may not be relevant to the position for which I am applying? Safeguards and guidelines have been introduced to ensure that conviction information is not misused and that ex-offenders are not treated unfairly. Ex-offenders will retain the protection afforded by the Rehabilitation of Offenders Act 1974. The Code of Practice for Registered Persons and other recipients of Disclosure information will govern Registered Bodies conduct and prevent abuse of the system. Will a Disclosure be necessary before applying for a job? Employers and volunteering organisations should only ask the person who has been offered the post to apply for a Disclosure. Who will the Disclosure be sent to? A Disclosure Certificate is sent at the same time to both the applicant and the person in the Registered Body who counter-signed the applications. How long is a Disclosure valid for? Each Disclosure will contain the date the Disclosure was printed. Disclosures do not carry a pre-determined period of validity because a conviction or other matter could be recorded against the subject of the Disclosure at any time after it is issued. Organisations are advised to make recruitment decisions as soon as possible after receiving their copy of the Disclosure. Can an organisation keep a copy of my Disclosure indefinitely? No. An organisation cannot retain their copy of the Disclosure for longer than necessary which cannot exceed 6 months. Is there a process to query the Disclosure if the information is incorrect? There is a proper process to follow if the content of the Disclosure is inaccurate. Please refer to the CRB by phone or website for further details. Is only criminal record information available from the CRB? No. The CRB also acts as the central access point for checks of the ISA barred lists (with effect from 12 Oct 2009) Can information be passed between recruiters within a Registered Body? Yes. Where an applicant moves between jobs within one Registered Body, information revealed by a Disclosure may be passed onto the individual who is seeking to recruit the applicant. What happens if a Counter-Signatory, if after applying to the CRB, is found to be unsuitable? If a person is considered unsuitable to hold the position of Counter-Signatory, the CRB will inform the Lead Counter-Signatory of the organisation that the application has been rejected and they will be asked to nominate another Counter-Signatory. Volunteers - My organisation employs paid employees and volunteers, are Disclosures free of charge for all of them? No. Only those staff who meet the criteria for being a volunteer and whose regular duties include working with, caring for, supervising, training or being in sole charge of children and/or vulnerable adults; are eligible for a free of charge Disclosure. How do I know if my volunteers are eligible for free Disclosures? There is a specific definition of a Volunteer within the Police Act 1997, this can be found on the CRB website and is also made reference to within the National Policies which can be found at http://www.csasprocedures.uk.net/ |
|
VISUALLY IMPAIRED USERS CLICK HERE. |
To facilitate this feature, cookies must be allowed from this site.
|