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Contents

2.3.1	Responding
2.3.2	Referring
2.3.3	Recording
2.3.4	Assessing Risks and Taking Action
2.3.5	Allegations of Abuse Against Clergy (for the use of Clergy and Bishops)
2.3.6	Allegations or Concerns Involving a Rector, Vice Rector, Staff Member or a Member of the Safeguarding Structure
2.3.7	Duty to Refer to the Independent Safeguarding Authority (ISA)

2.3.1 Responding

This Chapter sets out the procedures which should be followed when concerns are being expressed or allegations made about an adult acting in some capacity within any parish, congregation or other setting within the Catholic Church in England and Wales.

The scope of this procedure is not limited to allegations involving Significant Harm or risk of Significant Harm to a child and it includes vulnerable adults. The procedure should be applied in all situations where it is alleged that a person has:

• Behaved in a way which has harmed a child or vulnerable adult, or may have harmed a child or vulnerable adult;
• Possibly committed a criminal offence against or related to a child or vulnerable adult;
• Behaved towards a child / children or vulnerable adult in a way which indicates that he/she is unsuitable to work with children and vulnerable adults.

The allegations may relate to the person's behaviour in the church, at home or in another setting.

The person may be acting in a paid capacity or be a lay person or Volunteer; they may be involved in any type of settings where the church has some role to play, including of course a priest or other holder of an official office.

The concerns may be about current events or something that has happened in the past. The response should be the same - as any events in the past may have relevance for the safety of other children or vulnerable adults in the present.

The concerns may appear to be minor such as an incident of a breach of the National Policies for Creating a Safe Environment for Vulnerable People in the Catholic Church in England and Wales Procedure or they may be a clear act of a criminal offence. There may be doubts and concerns that someone is acting in a way which is creating an environment that is not safe for children or vulnerable adults.

Where concerns arise in the context of the adult's own family setting e.g. where someone has accessed child abuse images at home or in some way maltreated their own children, this will have a bearing on how the adult can carry out their role within the Church. The Safeguarding Officer and Safeguarding Coordinator will work closely with the Children's Social Care Services/Adult Social Care Services and the Police in all such circumstances.

Where the concerns or allegations are about Clergy, reference should also be made to the Allegations of Abuse Against Clergy (for the use of Clergy and Bishops) Procedure, which can be found in Section 2.3.5.

Whatever the concerns are, the person who receives the information in whatever form must discuss the matter straight away with the Local Safeguarding Representative who will consult with the Safeguarding Officer/Safeguarding Coordinator as soon as practicable but always within one working day. The Safeguarding Coordinator will agree a plan of action with the Safeguarding Commission and the relevant supervisor.

The only exception to sharing information with the Safeguarding Officer, Safeguarding Coordinator or the Local Safeguarding Representative is where they are the subject of the allegations or concern or implicated in any way.  In such circumstances, see Section 2.3.4, Assessing Risks and Taking Action

• At no time should the person about whom concerns have been raised be informed or alerted to the concerns;
• Any contact with the person about whom the allegation is made should only take place after liaison with and agreement from the statutory authorities.

All records and notes taken must be provided to the Safeguarding Officer/Safeguarding Coordinator by noon the next working day.

2.3.2 Referring

In most circumstances a referral to Children's Social Care Services or Adult Social Care Services and/or the Police will be made by the Safeguarding Officer or the Safeguarding Coordinator to whom all records and notes should be forwarded as soon as possible and always by noon the next working day.

If neither is available, it may be the Local Safeguarding Representative or another person who deals with the referral. They must then inform a member of the Safeguarding Commission, the Bishop, the Congregation Leader or his or her deputy immediately and they must in turn ensure that the Safeguarding Officer and the Safeguarding Coordinator are informed by noon the next working day.

To make the referral the following will apply:

The Duty social worker will expect to take information about

• The child /vulnerable adult -age, name, address; or
• The adult in cases of abuse in the past;
• The parents or carers of a child/vulnerable adult and if they are aware and consent to the referral, if not, would it pose a risk to the child/vulnerable adult to tell them and gain their consent?
• Any other children known to be involved?
• Details of the concern, incident or allegation;
• Time and context of the disclosure;
• Any information known about the adult whom the concerns or allegations are about;
• Is the adult aware of the referral?
• Are there any other children/vulnerable adults who may be at risk?
• The name and contact details of the referrer.

It is useful to have the information at hand when making the referral but there must not be a delay if some of the information is not available, the child's / vulnerable adult's safety is the priority.

If the referral is made directly to the Police the same information will enable the police to assess the risks and determine what action to take in the child's or vulnerable adult's interest.

The Police and Children's Social Care Services/Adult Social Care Services have a duty to liaise with each other promptly and work together in all cases involving children and young people or vulnerable adults.

The information the Duty Worker or Police Officer should provide the referrer with:

• Their name and contact numbers;
• What action they intend to take;
• When they are likely to take that action;
• Advice on what the referrer should say to the child/adult;
• Advice on what the referrer should do next if anything;
• A timescale for feeding back to the referrer an outcome of any intervention bearing in mind that for reasons of confidentiality the referrer may not be able to be given all details.

Once the referral has been made through a telephone call or direct contact the referrer will be asked to forward the referral in writing.

The written referral must be made on the available form; see Forms Library and all additional notes must be passed on to the Safeguarding Officer or Safeguarding Coordinator by noon the next working day.

The Safeguarding Officer or the Safeguarding Coordinator will send a written referral to Children's Social Care Services within 48 hours using the Local Safeguarding Children Board multi agency referral form. The Children's Social Care Services should acknowledge the referral in writing within 3 working days.

In relation to referrals about vulnerable adults the same process applies, a written referral on the Form: Safeguarding Children, Young People and Adults (See Forms Library), within 48 hours, and an acknowledgement should be made in writing.

The Safeguarding Officer/Coordinator will inform the Diocesan or Congregational Insurance Officer and liaise with them where appropriate throughout the enquiries.

The Safeguarding Coordinator or Officer will participate in a Strategy Discussion/meeting which should normally take place within 2 working days. Such meetings are held in respect of both children and vulnerable adults.

The Strategy Discussion /meeting will, if the criteria are met, start a Section 47 Enquiry which is usually a joint investigation by the Police and Children's Social Care Services where children are involved.

On some occasions the Police will undertake a 'single agency police investigation'; this is usually the case initially where the abuse has taken place in the past (historical abuse).

In some cases the criteria may not be met for a police investigation but the Children's Social Care Services will undertake a child protection enquiry also called a Section 47 Enquiry.

In relation to vulnerable adults the Adult Social Care Services, sometimes referred to as the Adult Safeguarding Service, will conduct an Initial Assessment and an Investigation and Assessment either alongside the police or as a single agency assessment. Where a criminal offence has been committed the Police will lead the investigation.

The Safeguarding Officer and /or the Safeguarding Coordinator will continue to participate and liaise with the Children's Social Care Services/Adult Social Care Services and the Police until such time that they have concluded their enquiries and investigations. 

In some cases where the criteria for a police investigation or a Children's Social Care Services Enquiry/Vulnerable Adult Investigation are not met there will still be concerns about the behaviour of the adult having been inappropriate and in breach of the Creating a Safe Environment Policy or there may be disciplinary issues from the Employer's perspective.

The role of the Local Authority Designated Officer (LADO) in relation to children only is to ensure that such matters are coordinated, investigated, followed up, recorded and concluded in a timely manner as the Church undertakes its own investigation in line with Disciplinary Enquiries. The Local Authority Designated Officer (LADO) will recommend where a referral to the Regulatory Body such as Ofsted, GMC, GSCC or others should be made and where referrals to ISA (the Independent Safeguarding Authority) must be made to refer someone for inclusion on the Children's Barred List. (see Duty to Refer to the Independent Safeguarding Authority (ISA).

The Local Authority Designated Officer's role is to oversee all allegations against people in a position of trust within a given local authority and to report annually to the Local Safeguarding Children Board about all matters relating to such allegations and investigations to ensure that they are carried out in a timely manner and meet all policies, procedures and standards set out nationally.

In all the above instances the statutory agencies will advise The Safeguarding Coordinator and/or Officer of when and what information can be provided to the adult about whom the concerns and allegations have been made. There must be no communication with the adult about the circumstances unless agreed with the statutory agencies at any time.

2.3.3 Recording

Whenever a child, young person or adult raises concerns, makes an allegation or a set of circumstances are observed which cause concerns about a child or vulnerable adult making and keeping an accurate record in writing is important. 

All records must be kept in a confidential and secure place and must only be shared in order to safeguard a child with the Local Safeguarding Representative, the Safeguarding Officer or the Safeguarding Coordinator or a professional from the Children's Social Care Services/Adult Social Care Services or the Police.

There is a form in the Forms Library (R Alleg 1: Safeguarding Children, Young People and Adults) to record on but this may not always be available in which case notes can be taken and the form can be filled in at a later stage.

The following steps should be observed:

• Whenever possible and practical take notes during the conversation;
• ask permission to do this and explain the importance of recording information;
• explain that the person giving you the information  can have access to the records you have made in respect of their own information;
• where it is not appropriate to take notes at the time, make a written record as soon as possible afterwards and always before the end of the day;
• record the time, date location, format of information e.g. letter ,telephone call , direct contact and persons present;
• the record must always be signed and dated by the person taking the record;
• include as much information as possible but be clear about which information is fact, hearsay, opinion and do not make assumptions or speculate;
• include the context and background leading to the Disclosure;
• maintain a log of actions on the Form: Safeguarding Children, Young People and Adults (See Forms Library) and record times, dates and names of people contacted and spoken to as well as their contact details;
• include full details of referrals to the Children's Social Care Services/Adult Social Care Services and the Police;
• pass all original records, including rough notes, by noon the next working day to the Safeguarding Officer or the Safeguarding Coordinator responsible for the Diocese or Religious Congregation.

The Safeguarding Officer and/or the Safeguarding Coordinator will create a Safeguarding Case file which will be kept securely and will contain information relevant to the particular child or adult as appropriate and information such as;

• Where any meetings or discussions are held with the Bishop, Congregation Leader or other Manager about a particular child or adult the Safeguarding Officer/Co-coordinator will record minutes. The Minutes will then be shared within 14 days and any discrepancies clarified. An agreed record will then be placed on the secure case file;
• Where a referral is made to the statutory agencies it will be followed up in writing by either the Safeguarding Officer or the Safeguarding Coordinator using the Local Safeguarding Children Boards multi agency referral form or the Common Assessment Referral form used by the local authority Children's Social Care Services. A copy of the form sent must be kept on the relevant case file. Referrals about vulnerable adults will be made on the Form: Safeguarding Children, Young People and Adults (See Forms Library). These forms must be sent within 48 hours of making the referral;
• Where a Safeguarding Officer or Safeguarding Coordinator attends any meetings held by the statutory agencies such as a Strategy Discussion/ meeting, Family meeting or Child Protection Conference or Safeguarding Vulnerable Adult Conference any reports or minutes of meetings must be kept securely on the Safeguarding case file. A record must be kept of all actions agreed with the Diocesan or Congregational Insurance Officer and these will be placed on the file.

Clarification should be provided to the subject of the Safeguarding case file of access to the information held on the file and the timescale for destruction of the information once the circumstances of the case have been concluded.

Where the case file is in respect of an adult in a position of trust and the investigations conclude that the adult is in breach of that trust the records will be kept for 75 years. Where a conclusion has been reached that the adult is not in breach of trust then the records will be kept for 5 years.

Temporary Removal From Role - Responding to Allegations

1.	In line with Working Together 2010 (Dcsf) Government Guidance on the suspension of professional staff accused of child abuse, the CSAS Management Board has reviewed the current National Policy on the Temporary Removal from Post.
2.	It has concluded that the current policy will stand in relation to all allegations of child sexual abuse, including allegations of child abuse images, both current and historic, and that in cases involving other types of abuse, (e.g. physical or emotional abuse) the decision to suspend will no longer be automatic.  It is anticipated however that such decisions will be exceptional.
3.	All such decisions (not to temporarily remove from post) must be supported by: The written agreement of the Statutory Authorities working on the case, AND Must be ratified by the appropriate Safeguarding Commission in writing. In cases of doubt or disagreement it is recommended that CSAS's advice is sought.

2.3.4 Assessing Risks and Taking Action

2.3.4.1 Evaluation of Risk

An evaluation of risk to children and vulnerable adults is not a one-off event but a continuous process which starts from the point at which the concerns or allegations are first raised. 

Assessing risks takes many forms from the judgment in first deciding to refer to Children's Social Care Services/ Adult Social Care Services and/or the Police to a formal assessment by a specialist resource or the local Multi Agency Public Protection Arrangements (MAPPA).

The Local Safeguarding Representative, the Safeguarding Officer, the Safeguarding Coordinator and the Safeguarding Commission are all points where assessments of risk are undertaken and reviewed.  It is a part of working practices to review all cases on a planned and regular basis.

The Safeguarding Coordinator will make recommendations to the Safeguarding Commission who on the basis of up to date information from all relevant sources including the statutory agencies will evaluate the risks , draw conclusions and make recommendations to the relevant Bishop, who will make the decisions.

The result of the evaluation of risk by the Safeguarding Commission and the Bishop's decision will normally be communicated to the subject in a face to face meeting where the report, which contains the recommendations and decisions, will be shared with the subject to communicate the rationale behind the decisions taken.

All risk assessment processes will ensure that the interests of the child or vulnerable adult are always paramount and information will be shared within and between agencies effectively.

It will be necessary to ensure that communications about an adult, who is subject to an assessment of risk and, where a referral has been made, take place effectively within and between all settings in the national Catholic Church. 

• Safeguarding Coordinators in all different settings must communicate with one another including the National Safeguarding Coordinator for the Polish Community;
• Information must be shared across the Church about an adult who is subject to an assessment of risk.
  
  See also the Independent Risk Assessment Procedure.

Where an allegation has been made and the matter has been referred to Children's Social Care Services/Adult Social Care Services and the Police, it will be necessary to consider what action should be taken to safeguard any children or other vulnerable adults who may be at risk from the adult.

Children's Social Care Services/Adult Social Care Services and the Police will make recommendations about the action that should be taken and the timing thereof. The Local Authority Designated Officer (LADO), in relation to children, will be participating in the process and can be consulted additionally if there are any queries about timing and information sharing.

A temporary removal from post may be necessary while enquiries take place. This action does not imply guilt.  It facilitates the progress of the enquiries and reduces possible risks to children pending further enquiries.

A volunteer will be required to temporarily stand down from their post until decisions have been made.

Employees may be suspended on full pay from their position by their Employer in line with their disciplinary policies and procedures.

Clergy and Religious may have a temporary withdrawal from active Ministry .Such a decision will be taken by the Bishop or Congregation Leader following recommendations by the Safeguarding Coordinator, via the Safeguarding Commission.

In addition it may be recommended that the adult be required to observe certain restrictions in respect of their activities and attendance at the place of work. In most cases this will involve a temporary removal from their normal place of residence to a place approved by the Bishop or Congregation Leader and away from direct contact with children.

Decisions must be communicated to the adult in question in writing and in person by the Bishop or Congregation Leader, in the presence of the Safeguarding Coordinator, Safeguarding Officer and a member of the Safeguarding Commission. 

A Bishop, Archbishop or Congregation Leader will be managed in the same way but by the Safeguarding Coordinator of another appropriate Diocese or Religious Congregation in liaison with the Catholic Safeguarding Advisory Service.

The appointed Safeguarding Coordinator will inform:

• In the case of a Bishop, the Metropolitan (Archbishop) for the Province;
• In the case of an Archbishop, the President or Vice-President of the Catholic Bishop's Conference of England and Wales as appropriate;
• In the case of a Local Religious Community Leader, the Provincial/Regional Congregation Leader;
• In the case of a Provincial/Regional Leader, the General or Assistant General of the Religious Congregation as appropriate;
• The Holy See will be informed by the relevant person as above.

Temporary withdrawal from active Ministry will apply as for the Clergy or Religious.

2.3.4.2 Allegations Involving any Member of the Safeguarding Structure

Allegations involving any member of the Safeguarding structure will be dealt with on the basis that no person should deal with a case involving himself. The services of another Diocese or Religious Congregation must be sought by the Bishop or Congregation Leader in respect of allegations against a Safeguarding Coordinator, a Safeguarding Officer or a member of the (CSAS) Safeguarding Commission. A Local Safeguarding Representative may be dealt with within the same Diocesan or Regional Religious Commission. The Catholic Safeguarding Advisory Service (CSAS) must be informed.

It will be necessary in some cases to issue a public statement when a person working within the Church is temporarily removed from post. The contents and timing of any statement must be agreed with the Police if there are current investigations and/or the Local Authority Designated Officer (LADO) if the case has not yet been concluded. All such statements will be agreed with the Diocesan or Religious Insurance Officer.

Once an investigation, enquiry or criminal court process has been concluded and the adult has been deemed to be a person who is a risk to children there are more long-term actions to be taken in conjunction with the Local Authority Designated Officer (LADO):

• A referral to the local Multi Agency Public Protection Arrangements;
• A referral to the Independent Safeguarding Authority (ISA);
• A process of Laicisation (Dismissal from the Clerical state) or removal from active Ministry;
• Disciplinary process leading to dismissal.

In respect of adults committing offences or posing a risk to Vulnerable Adults similar long term actions will be required by the statutory agencies:

• A referral to the local Multi Agency Public Protection Arrangements;
• A referral to the Independent Safeguarding Authority (ISA).

A Review of the whole process once it is concluded by the Safeguarding Commission may be a useful way of learning lessons; from the original allegation to how the referral was made, how the investigations were carried out and everyone was dealt with.

Any recommendations arising from such a Review may lead to an improved safeguarding environment for children and young people as well as the adults working in the church in all various capacities.

2.3.5 Allegations of Abuse Against Clergy (for the use of Clergy and Bishops)

This section meets the requests of Clergy for a single guide to agreed procedures and processes that apply when there is an allegation of child abuse against a member of the clergy.

In particular, it gives clarification of how Canon Law relates to the relevant National Safeguarding Policies and Procedures.

The Canonical information contained in Section 2.3.5.1 and Section 2.3.5.2 of this document has been provided by the members of the Canon Law Society who were involved in the CSAS Canon Law Working Group.

Contents

2.3.5.1	Flowchart of the Process with Notes on Canonical Procedures
2.3.5.2	Responsibilities of Dioceses Towards Clergy Against Whom Allegations Have Been Made (Responding to Allegations Policy)
2.3.5.3	Support for Clergy Accused of Abuse (Support Policy for Those Accused of Abuse)
2.3.5.4	False or Unsubstantiated Allegations (Responding to Allegations Policy and Policy Update)
2.3.5.5	Protocol for Temporary Removal From Role, Including the Rights of the Accused
2.3.5.6	Disciplinary Enquiries (Responding to Allegations Policy)
2.3.5.7	Evaluation/Assessment of Risk (Responding to Allegations and Independent Risk Assessment Policies)
2.3.5.8	Re-Integration Into Ministry (Responding to Allegations Policy)
2.3.5.9	Laicisation (Dismissal From the Clerical State) / Removal From Active Ministry (Responding to Allegations Policy)

2.3.5.1 Flowchart of the Process with Notes on Canonical Procedures

Click here to view the Allegations Process Flowchart.

Notes on Canonical Issues

a.	Child sexual abuse is an "external violation of the VI Commandment" and as such is subject to specific canonical processes that do not apply to other forms of child abuse.  It includes the downloading of child abusive images.  Physical abuse of a child is dealt with in Canon Law under canon 1397.  Other forms of child abuse (neglect, emotional abuse) may be covered by canon 1399.
b.	The Ordinary may appoint the Safeguarding Coordinator to act as delegate in all such cases in advance.
c.	The report will indicate the following: Does the allegation, if proved, indicate: An external violation of VI Commandment? Against a minor? Involving the abuse of power/position? A potential source of scandal? and: Were force/threats used? Was it in public? Context of Sacramental confession? Factors reducing "imputability" (e.g. mental illness)? Time barred?  (The Holy See will on request remove time bars for child sexual abuse cases). In the judgement of the Ordinary, is penal action appropriate?
d.	Canonical process: "judicial" or "administrative" The difference lies in the process and possible decisions - a Judicial Process is required for permanent penalties. Summary of a Judicial Process: Ordinary entrusts case to Promotor of Justice; Appointment of Tribunal; Promotor submits petition containing allegations and proofs proposed to presiding judge; Judge decrees acceptance of petition and cites the accused; Ordinary may make temporary provisions as safeguards to integrity of process; If accused does not appoint advocate, judge does so Ex Officio; Judge defines issue to be decided by court; Instruction of case - evidence gathering phase; Discussion of case - pleas of promoter, advocate and accused; Decision of court by majority; If no appeal, decision becomes effective after 15 days. Summary of an Administrative Process: Ordinary summons accused and informs accused of the accusation and proofs; Accused given opportunity of self-defence; Ordinary weighs proofs and arguments with two assessors; If Ordinary "morally certain" that offence proved, decrees appropriate penalty; Possible hierarchical recourse to Holy See. In both processes the Tribunal and assessors are canonically trained Clergy.  Name of the alleged victim is shared with the accused.
e.	Not necessary to adjourn the canonical process e.g. if Police have already completed investigation previously.

2.3.5.2  Responsibilities of Dioceses Towards Clergy Against Whom Allegations Have Been Made (Responding to Allegations Policy)

1. To facilitate an investigation by the Statutory Authorities at an early stage through prompt referral of the facts;
2. To maintain confidentiality of written records and of information in respect of an allegation within normal inter-agency professional boundaries of information-sharing.  In some cases information will need to be shared more widely for the protection of children;
3. To consider a temporary removal from active ministry only upon recommendations of the Safeguarding Commission, with the benefit of advice from the Statutory Authorities. Such an action does not imply guilt.  Information provided to an accused person about an allegation will be restricted at this point if a police investigation is pending;
4. Where it is necessary for a member of the Clergy/a Religious Congregation to vacate his/her normal place of residence, to find alternative accommodation, subject to the approval of the Bishop or Congregation Leader. Where the accused person will be living with others, key persons will be informed of the allegation;
5. To communicate decisions affecting the accused person both verbally and in writing;
6. To maintain a dialogue with the Statutory Authorities during an investigation;
7. To provide financial provision, where this would normally be the responsibility of the Diocese or Religious Congregation, and help accessing legal advice. The legal advisor for the Diocese or Religious Congregation will not be utilised in this context;
8. To provide Pastoral Care via a Pastoral facilitator during the process of an investigation and subsequent evaluation of risk and to continue to provide it for as long afterwards as it is required;
9. To recognise that false and malicious allegations are sometimes made and that these can have a destructive effect on the person accused. To offer help in accessing legal redress within Civil or Canon Law against an individual who has made a false or malicious allegation;
10. To take action to restore a person's reputation as far as possible following a false and malicious allegation (see Re-integration into Ministry) and to provide continuing Pastoral Care where necessary.

2.3.5.3Support for Clergy Accused of Abuse (Support Policy for Those Accused of Abuse)

1. Arrangements for Clergy and Religious accused of abuse and temporarily removed from active ministry will be made in accordance with the requirements of Canon Law and the Responding to Allegations Policy;
2. Clergy and Religious accused of abuse are entitled to contact their Bishop/Congregation Leader, who is responsible for their Pastoral Care.  It is recommended that the Safeguarding Coordinator is present at any such meeting and a written record made and retained in line with Data Protection legislation and the Church's Safeguarding policy;
3. The Bishop/Congregation Leader will ask the Safeguarding Coordinator dealing with an allegation to arrange a meeting as soon as practicable between themselves, the SC the Support Facilitator, and the person concerned, at a time agreed with the Statutory Authorities where applicable, to complete the Covenant of Care for Clergy/Religious;
   
   NB. It is not appropriate for those subject to investigation for abuse to be represented by lawyers working for the Diocese/Religious Congregation.

2.3.5.4 False or Unsubstantiated Allegations (Responding to Allegations Policy and Policy Update)

1.	Words such as false, unfounded, unsubstantiated and malicious are often used in the same context when describing an allegation. The meanings are very different and it is important to understand the distinction between them and use them correctly.
2.	The term false can be broken down into two categories: Malicious:  This implies a deliberate act to deceive.  A malicious allegation may be made by a pupil following an altercation with a teacher or a parent who is in dispute with a school.  For an allegation to be classified as malicious, it will be necessary to have evidence, which proves this intention; Unfounded:  This indicates that the person making the allegation misinterpreted the incident or was mistaken about what they saw.  Alternatively they may not have been aware of all the circumstances.  For an allegation to be classified as unfounded, it will be necessary to have evidence to disprove the allegation.
3.	An unsubstantiated allegation is not the same as a false allegation.  It simply means that there is insufficient identifiable evidence to prove or disprove the allegation.  The term, therefore, does not imply guilt or innocence.
4.	The perception that an allegation may be false should not prevent a child protection referral being made.
5.	False allegations of abuse are sometimes made and they can have a destructive effect on those concerned, as can the fear of them.
6.	Therefore, it is important to provide support for alleged abusers during the investigative process and action should be taken to reinstate them quickly when allegations are found to be false.
7.	Encouraging all complainants to give detailed accounts to the Statutory Authorities facilitates an early appraisal of the evidence by experienced professionals.  A false allegation can be identified at an early stage before publicity of any sort ensues.
8.	Legal action may be taken against those who make malicious and false allegations.  A child will not normally be subject to such action.
9.	An adult who can be proven to have falsified his or her evidence could be prosecuted or sued, and support should be given in seeking advice from the Police or a solicitor where appropriate. Action could also be taken in Canon Law (Canons 128, 220 and 221~1).
10.	It is not easy to restore a person's reputation after a malicious and false allegation, but the Safeguarding Coordinator should consider, in discussion with the Bishop, Congregation Leader, the individual and key persons within the parish or congregation, how best to do this.
11.	Efforts to restore a person's reputation should be proportionate, considering the level of publicity which surrounded the allegation.

2.3.5.5 Protocol for Temporary Removal From Role, Including the Rights of the Accused

Introduction

1.	This protocol is intended to provide further detail and clarification of the process of temporary withdrawal from active ministry for Clergy, including religious clergy, where allegations relating to the protection of children and vulnerable adults have been received and temporary withdrawal from active ministry is deemed necessary.
2.	Temporary withdrawal from active ministry is necessary in order to: Protect children (The Paramountcy Principle); Safeguard the course of justice; Protect the freedom of witnesses; Prevent scandal.

The Protocol

3.	Where temporary withdrawal from active ministry is deemed necessary, the first step should always be to seek such a withdrawal on a voluntary basis. Only if voluntary withdrawal cannot be achieved, should the Ordinary (Diocesan Bishop or Competent Religious Superior as appropriate) use his Canonical powers to insist on it.
4.	The Code does allow the diocesan Bishop to exercise his executive power of governance in the following ways: He may request that the accused freely resign from any currently held office (canons 187-189); Should the accused decline to resign, and should the diocesan Bishop or Competent Religious Superior judge the accused to be truly not suitable (canon 149 §1) at this time for holding an office freely conferred (canon 157), then he may remove that person from office, observing the required canonical procedures (canons 192-195, 1740-1747); For a cleric who holds no office in the diocese, any previously delegated faculties may be administratively removed (canon 391 §1 and 142 §1), while any de lege faculties may be removed or restricted by the competent authority as provided in law (e.g. canon 764); The diocesan Bishop or competent Religious Superior may also judge that circumstances surrounding a particular case constitute a "good and reasonable cause" for a priest to celebrate the Eucharist with no member of the faithful present (canon 906), and he may strongly urge the priest not to say Mass with anyone present and not to administer the sacraments, for the good of souls and for his own good; Depending on the gravity of the case, the diocesan Bishop or competent Religious Superior may, at the request of the cleric (canons 85-88), dispense him from the obligation of wearing Clerical Attire (canon 284) and may urge that he not do so for the good of the Church and for his own good; if necessary, he may impose a prohibition by precept. He does not, at this point have the power to prohibit or impose places of residence, or restrict movement, since the penal process has not yet started (canon 1722).  However, he may regulate the rights of the accused by means of canon 223 §2: "Ecclesiastical authority is entitled to regulate, in view of the common good, the exercise of rights which are proper to Christ's faithful." (C.f. CLSGBIN, Responding to allegations of clerical abuse, 2004,p14-15; US Bishops’ Conference, Essential Norms p5.); These administrative actions shall be taken by means of decrees (canons 47-58) so that the cleric is afforded the opportunity of recourse against them in accordance with Canon Law (canon 173 ff); Once a decree has been issued by the Bishop or competent Religious Superior initiating either an administrative or Judicial Process for the imposition of penalties, the precautionary measures of canon 1722 can be imposed where the Ordinary may temporarily remove the individual from active ministry.
5.	Whether withdrawal from active ministry is voluntary or not, the subject of the allegation is entitled to the following: To receive a statement of the decision in writing, including the initial review date and the frequency of periodic reviews (canon 51); To receive the reason for the request/requirement to withdraw from active ministry (though not the details of this). The individual is entitled to know that an allegation has been received, and that it is an allegation relating to the protection of children.  The details cannot be passed on at this point and it is necessary for close liaison to take place between the Diocese or Religious Congregation and the Statutory Authorities to ensure that information passed to the accused does not interfere with a Police investigation process. (canon 51); The individual is entitled to legal and canonical representation. (canon 1481 §1); Details of the information that would be placed in the public domain. ( canon 1717 §2); Confirmation that temporary withdrawal from active ministry does not constitute removal from office. (canons 192 - 196); Information regarding the remuneration and residence of the individual during temporary withdrawal from active ministry. (canon 281 §1); A copy of the Covenant of Care setting out the details of the restrictions placed upon the individual during the temporary withdrawal (canon 223 §2).

2.3.5.6 Disciplinary Enquiries (Responding to Allegations Policy)

1.

Where no statutory investigation takes place, following agreement with relevant professionals, and always including the Local Authority Designated Officer (LADO), which must be recorded in every case, an internal investigation will be mounted in case there are disciplinary or safeguarding measures to consider.

2.

Such an investigation will gather and assess available information from all sources and witnesses.  For employed persons, this will be the responsibility of the Employer, in liaison with the Safeguarding Coordinator.  For a Volunteer, member of the Clergy or Religious Congregation, the Safeguarding Commission should recommend a suitably experienced person to conduct such an enquiry.  This person may be the Safeguarding Coordinator or Safeguarding Officer.

2.3.5.7 Evaluation/Assessment of Risk (Responding to Allegations and Independent Risk Assessment Policies) 

1.	An evaluation of risk is not a one-off event but should be a continuous process.  Reviews of cases should be built into working practices in a planned and timed way.  Risk will be evaluated by the Safeguarding Commission on the basis of up to date information from all relevant sources and recommendations by the Safeguarding Coordinator/Officer.
2.	An independent risk assessment may be requested, and will be undertaken by suitably qualified experts; the assessment will be undertaken in line with a written agreement signed by the individual, and the resulting report will be shared with them.
3.	The recommendations of the Safeguarding Commission will normally be communicated to the subject in a face to face meeting, by the Safeguarding Officer/Coordinator and at least one other appropriate person.

2.3.5.8 Re-Integration Into Ministry (Responding to Allegations Policy)

1.	Where there is a clear case for re-integration or the allegation is found to be of an incident of low level inappropriate behaviour or some other misdemeanour that does not warrant more severe sanction than, for example, a written or verbal warning, the individual will be reintegrated into active ministry having regard to the perceived and expressed anxieties of those involved.
2.	However limited in its scale, any abuse of trust and the misuse of power and authority by a person acting in the name of a Church community will impact on the members of that community. Forgiveness and Reconciliation will always require the offender to acknowledge the ongoing consequences of his or her behaviour. It may not be possible for some individuals to return to a ministry in the Church community.
3.	Reintegration into ministry should follow an individually tailored plan and procedure that enables the individual time to achieve a resolution of any feelings of anger or injustice resulting from the process of investigation.  At the same time, the community itself may need to express residual concerns before healing can take place.
4.	A person may only return to active ministry after an evaluation of risk has taken place and the Safeguarding Commission has recommended such an outcome.
5.	Where an allegation can be shown to have been made maliciously, an accused person may expect a public statement to be made detailing this fact.  The level of publicity which may be expected will be comparable with the level of publicity given to the original allegation and the temporary removal from post.
6.	In certain cases it may be appropriate to consider informing individuals, such as colleagues and certain parishioners who have been especially affected by an accused person's temporary removal from post, of the outcome of the case.  This may be in writing, and should be carried out in consultation with the accused person.
7.	A form of words for the communication will be recommended by the Safeguarding Commission, taking into consideration the views of the accused person.
8.	Where an allegation or concern is substantiated yet there follows a recommendation from the Safeguarding Commission that the accused person may return to active ministry, this should be explained to the original complainant.  It may be that the accused person does not wish for any announcement to be made more publicly and this view should be respected.
9.	Pastoral Care should be provided for the accused person throughout the period of re-integration into active ministry.  The requirements of each individual will be different, including the length of time that a person will require such care.

2.3.5.9 Laicisation (Dismissal From the Clerical State) / Removal From Active Ministry (Responding to Allegations Policy)

1.	As a general rule, Clergy or Religious who have received a Police Caution or Conviction for an offence against a child or vulnerable adult should not be allowed to hold a position that could possibly put children and/or vulnerable adults at risk again i.e. he or she must be removed from active ministry.
2.	Initiating a process of dismissal from the clerical state (Laicisation), or from a Religious Congregation, in accordance with the norms of Canon Law will be considered following every conviction or caution for an offence against a child and/or vulnerable adult. See chapter 5.1.5 ‘Dismissal from the Clerical State (Laicisation) Guidance’  for additional information.
3.	Bishops and Congregation Leaders should be prepared to justify any exceptions to the above policy and record their reasons on the individual's personnel file. Removal from active ministry together with appropriate monitoring may be appropriate in certain cases.

2.3.6 Allegations or Concerns Involving a Rector, Vice Rector, Staff Member or a Member of the Safeguarding Structure

1. Where allegations or concerns exist about a Rector, Vice Rector or staff member of a Seminary based in the UK, the case will be coordinated in the usual way, by the allocated Safeguarding Coordinator for the Seminary;
2. In the case of the Venerable English College and the Beda College, as both are based in Rome, the Child and Vulnerable Adult Safeguarding Representative of the other College will undertake any tasks required by the allocated Safeguarding Coordinator;
3. In the case of Valladolid, the Child and Vulnerable Adult Safeguarding Representative will liaise with the allocated Safeguarding Coordinator in England. Inform the Catholic Safeguarding Advisory Service (CSAS);
4. The appointed Safeguarding Coordinator will perform the following actions:
   1. Inform the Chairman of the Committee of Bishops responsible for the seminary (AMJH1);
   2. Inform the Bishop of the individual's Diocese (where appropriate);
   3. Inform the appropriate local Ecclesiastical authorities as advised by the Chairman of the Committee of Bishops for the seminary.
5. The Holy See will be informed as appropriate by the relevant person, as above;
6. The policy on temporary withdrawal from office will apply in the same way as for any member of the Clergy or Religious and the relevant person as stated above will arrange for the individual to be provided with support, in accordance with the Support policy;
7. Allegations involving a member of the safeguarding structure will be dealt with on the basis that no person should have a hand in dealing with a case involving themselves;
8. (Not applicable to the Venerable English College and Beda College since the Child and Vulnerable Adult Link Person is not of the College). (AMJH2);
   
   The services of another Seminary Child and Vulnerable Adult Link Person and allocated Safeguarding Coordinator must be sought by the Seminary Rector in respect of allegations against a Child and Vulnerable Adult Safeguarding Representative. The parties listed at 4 above will be informed. Inform CSAS.

2.3.7 Duty to Refer to the Independent Safeguarding Authority (ISA) 

The Independent Safeguarding Authority was created to prevent unsuitable people from working with children and vulnerable adults. The service provided by the ISA has been developed in stages since March 2008. The ISA works in partnership with the Criminal Records Bureau (CRB).

The service was set up under the Safeguarding Vulnerable Groups Act 2006 (Section 1) with a clear duty for employers, personnel suppliers, volunteer coordinators and other bodies in England and Wales to refer information to the ISA; to understand the policies and referral processes and to complete the ISA Referral form, all of which can be accessed on the ISA website.

From October 12th 2009 a new duty to share information was introduced under the Vetting and Barring Scheme which means that from that date employers, social services, police and professional regulators have to notify the ISA of relevant information so that individuals who pose a threat to vulnerable groups can be identified and barred from working with those groups.

All individuals working or wishing to work in regulated activity that are referred on the grounds that they pose a possible risk of harm to vulnerable groups are assessed by the ISA. There are two principal routes by which referrals are made to the ISA. Firstly, when a person applies for ISA registration, any convictions or cautions which are considered relevant would trigger a referral. The other way a referral would be made is where an employer or an organisation, for example, a regulatory body, has concerns that a person has caused harm or poses a future risk of harm to children or vulnerable adults. In these circumstances the employer or regulatory body must make a referral to the ISA. The range of organisations who are able to make referrals include;

• Regulated activity providers;
• Personnel suppliers;
• Local authorities;
• Education and Library Boards;
• Health and Social Care (HSC) bodies;
• Keepers of Registers named in the legislation; and
• Supervisory authorities named in the legislation.

Additionally the ISA can take referrals from members of the public. However as they do not have investigatory powers they will always advise any individual considering making such a referral to first contact the police and/or the relevant local authority's children and adults safeguarding team and the police and/or local authority will conduct an investigation. Following an assessment of the evidence, the information may then be sent as a referral to the ISA for consideration.

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