4.7 Cross Boundary Placements May 2007 |
On occasions, Diocesan Clergy or members of Religious Congregations may be moved from their Diocese or religious house of origin within England and Wales as a result of child or vulnerable adult protection risks/issues.
They may also be placed from Scotland, Ireland or any other country, in which case this policy equally applies.
The move may be temporary (e.g. at the outset of an investigation) or permanent (e.g. at the conclusion when a decision has been reached by the Bishop or Congregation Leader as to the on-going level of risk.)
Such situations present opportunities for manipulative individuals to take advantage of poor communication, or lack of awareness of issues and risks on the part of those involved, to undermine risk management plans in place.
Therefore this policy sets out required processes in these situations to ensure that:
- Placements are approved in advance;
- Risk is identified and managed appropriately;
- Children, young people and vulnerable adults are safeguarded;
- Written agreements are monitored and reviewed (see Support Policy Covenant of Care for Clergy and Religious).
Initial Decision-Making
Where placements are required for a member of the Clergy/religious who has been accused of abuse this is likely to be a matter of urgency. Where an allegation of abuse has been referred to the Statutory Authorities an Inter-agency Strategy Discussion will take place, possibly by telephone. This will agree, amongst other issues, whether and when temporary withdrawal from ministry/post will occur. Where agreed, temporary withdrawal from ministry/post will occur in order to:
- Protect children (Paramountcy Principle)
- Protect vulnerable adults
- Safeguard the course of justice
- Protect the freedom of witnesses
- Prevent scandal
Safeguarding Commissions should identify a small number of potential short term placements which are fully risk assessed, which will be available should the need arise. The receiving Bishop or Congregation Leader must be consulted at the outset of the search for a placement.
Choosing the Placement
Decisions about all placements of Clergy and religious regarding temporary withdrawal from ministry/post following allegations or concerns must be taken by the Bishop or Congregation Leader. This should be in full consultation with the Safeguarding Coordinator, and if need be with the Safeguarding Commission.
- All such placement arrangements should be progressed without undue delay, and suitable timescales should be agreed in writing among all parties.
- The needs of the individual and the suitability of the proposed location will be considered though the primary consideration is the safety and welfare of the public, especially of children,young people and vulnerable adults. (Presbyteries are not normally a suitable location).
The Safeguarding Coordinator (or equivalent) of the originating Diocese will always discuss the proposed location with the Safeguarding Coordinator of the receiving Diocese or religious house, and following this, with those in charge of the proposed placement. Where the case involves only the religious and religious locations, it is best practice that the Religious Safeguarding Coordinator shares all relevant information with the Safeguarding Coordinator in the placement Diocese.
All relevant details regarding the allegations, concerns and history must be shared in writing with the receiving Ordinary and Safeguarding Coordinator. This enables a risk assessment to be undertaken with regard to the specific location.
Assessing the Risk of a Chosen Placement
- A risk assessment will be undertaken by those in charge of the proposed location along with the relevant Diocesan or Religious Safeguarding Coordinator. This will consider all information about the circumstances of the case, and any existing written agreements/Covenants of Care regarding restrictions in force. The timescale of such a risk assessment should be agreed by the parties and undertaken as quickly as possible. In Religious Congregations it will be the responsibility of the Religious Safeguarding Coordinator to undertake a risk assessment of a placement with assistance from the appropriate Safeguarding Representative in the Congregation.
- The results of the risk assessment should be presented to the receiving Safeguarding Commission. They will make a recommendation to the receiving Bishop or Congregation Leader, including all restrictions and written agreements/Covenants of Care.
- Particular care should be taken where a proposed placement is suggested by the subject of the allegation themselves and/or is a placement in a family context (parents, relatives, friends). Risks must be fully identified and comprehensive information shared, both verbally and in writing. Copies of any written agreements/Covenants of Care in place should be provided to the Ordinary and the Safeguarding Coordinator.
- Where an individual who is deemed to present a risk to children or vulnerable adults is moving to a placement, for example, in their own home, it is necessary to ensure that the local statutory authorities are informed and that a monitoring plan is agreed.
Communication - The subject of the allegations or concerns will be informed of this communication and of the contents of this policy.
- Once all concerned are satisfied that the proposed placement is suitable this should be confirmed in writing by Safeguarding Coordinator of the receiving Diocese or Religious Congregation.
Placement Arrangements
A written agreement (Covenant of Care) will be shared with the Safeguarding Commissions (and their equivalent) involved and with the subject. This will address:
- Roles and responsibilities of the originating Diocese or religious congregation;
- Roles and responsibilities of those in charge of the proposed placement;
- Identification of those within the church who need to be informed in order to ensure the safety of the public (e.g. Parish Priest, Local Safeguarding Representative);
- The circumstances in which the placement may be terminated.
- Any existing Covenant of Care (see National Support Policy for pro-forma) should be adapted to the new situation in consultation with the local Safeguarding Commission and where appropriate, with Police, Probation or Social Care Services. All Covenants of Care must provide for a support person and clear monitoring arrangements in the new placement.
- The subject of the allegation or concern will be informed of the decision in writing and provided with copies of all written agreements applying to the placement.
- All changes of placement or temporary stays away from the placement must be agreed in writing in advance by the Safeguarding Coordinators (or equivalent) in the originating Diocese or Religious Congregation and in the receiving Diocese/Religious Congregation.
- Written agreements must include arrangements for their review at agreed intervals and it is the Safeguarding Coordinator's responsibility to ensure that such reviews take place.
NB. MISSING AND ABSCONDING CLERGY/RELIGIOUS cannot be the responsibility of the Church, whether they have been dismissed from the clerical/religious state or not. In such cases, wherever possible, Safeguarding Commissions should inform the Church and Statutory Authorities in the relevant area(s) in writing of the circumstances and the (potential) risk posed by the individual.
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