Church Authority

To be responsible for all safeguarding practices by:

  • Ensuring that the appropriate child safeguarding structures and personnel are in place;
  • Liaising with the Holy See, as appropriate. If the Church body is a religious order or congregation, this is done through the superior general;
  • Ensuring compliance with canon and civil law;
  • Upholding the seven standards in practice and behaviour.

In relation to Standard 1, the Church authority is responsible for:

  • Appointing a safeguarding committee, and, along with that committee, ensuring that local safeguarding representatives (LSRs) are in place across the Church body;
  • Ensuring, with parish priests or local superiors, that all those who are recruited as Church personnel are suitable and appropriate for their role;
  • Ensuring compliance with civil law and policy in creating and maintaining safe environments, and regarding areas such as vetting, safe recruitment, adult-to-child ratios, codes of conduct and risk assessment.

In relation to Standard 2, the Church authority is responsible for:

  • Ensuring that appropriate personnel and procedures are in place to recognise and respond to allegations of abuse;
  • Ensuring that practice and policy on reporting allegations is compliant with statutory and canonical law. This includes liaising with the Congregations of the Holy See, as appropriate.

In relation to Standard 3, the Church authority is responsible for ensuring that:

  • A support person is appointed, or that procedures are in place to share the services of a support person if required;
  • Practice and policy on the care of the complainant is compliant with statutory and canonical law;
  • Complainants are met and facilitated to disclose abuse in an environment that meets their individual needs;
  • Complainants are heard in a spirit of acceptance and trust;
  • Appropriate assistance is offered to complainants and, as required, to their families;
  • Counselling, support and information is given to children and adults who wish to make a complaint of abuse;
  • Pastoral care is given to those who have been abused by Church personnel, where this is deemed helpful by the complainant.

In relation to Standard 4, the Church authority is responsible for:

  • Ensuring that a designated liaison person (DLP) is appointed to manage the case, and that an advisor is appointed following consultation with the respondent to support them;
  • All liaisons with the Holy See (if the Church authority is a bishop) and its congregations in terms of precepts, preliminary enquiries, vota1 and decrees. If the Church authority is a member of a religious order, liaison with the Holy See is through the superior general;
  • Ensuring that practice and policy on care of the respondent is compliant with statutory and canonical law. This includes: I. Ensuring that appropriate assistance is provided to those who have been accused of child abuse and, as required, to their families; II. Ensuring that counselling, support and information is offered to an adult who has disclosed that they have abused a child.

Canon lawyer A canon lawyer is an appropriately trained and qualified practitioner of canon law. Their role is to advise people about their rights and responsibilities under canon law. ‘The job of a canon lawyer is to see that the carefully devised rules of Church order are properly understood and applied.’2 If a Church authority is concerned that a priest or religious under their jurisdiction may have sexually abused a child, they need to respond in accordance with both civil and canon law and therefore would be prudent to seek the advice of a civil and a canon lawyer. Part of the Church authority’s responsibility to act in accordance with both sets of laws is to ensure that they do not infringe the rights of any person and that they act justly and fairly. If a priest or religious is accused of sexually abusing a child, or is alleged to have done so, or is suspected of having done so, they need to be assisted to defend themselves and their rights, and because both civil and canon law will be involved, they need to be assisted to engage a civil lawyer and a canon lawyer. The interests and responsibilities of the Church authority are different from those of the respondent. It is therefore essential that they each have their own civil and canon lawyer. Depending on the particular type of canonical process involved (an administrative canonical process, a disciplinary canonical process or a canonical trial) and on whom they are representing, a canon lawyer may also be referred to as a canonical advisor or a canonical advocate.

In relation to Standard 5, the Church authority is responsible for ensuring that:

  • Those personnel who are in place have appropriate levels of training;
  • A structure for appropriate support is available to all involved with the Church;
  • Practice and policy on training is compliant with civil and canonical law. The minimum requirement for the Church authority in terms of training is set out in the National Board for Safeguarding Children in the Catholic Church in Ireland’s (NBSCCCI) Training Strategy. This can be found on www.safeguarding.ie.

In relation to Standard 6, the Church authority is responsible for:

  • Ensuring that practice and policy with regard to communication is compliant with civil and canon law.

In relation to Standard 7, the Church authority is responsible for:

  • Appointing a safeguarding committee and designated liaison person (DLP) and ensuring that they carry out their function in relation to monitoring effectively;
  • Writing to the National Board for Safeguarding Children in the Catholic Church in Ireland (NBSCCCI) to confirm that an internal annual report has been completed;
  • Inviting the NBSCCCI to conduct reviews as necessary;
  • Carrying out systematic assessments of the standards through visits to local areas of responsibility.

 

 

 

 

Director of safeguarding

To be responsible for coordination of all safeguarding practices by:

  • Directing and implementing the child safeguarding policy;
  • Liaising with and supporting parishes and communities to ensure implementation of local policies and procedures;
  • Liaising with the child safeguarding committee and the advisory panel;
  • Ensuring that all child safeguarding personnel are kept up to date with practice, as communicated from the NBSCCCI;
  • Reporting directly to the Church authority on all child safeguarding issues.

 

 

 

 

Safeguarding committee

To promote child safeguarding by:

  • Developing a three-year child safeguarding plan, including the establishment of the local child safeguarding policy and procedures;
  • Coordinating local safeguarding representatives (LSRs);
  • Coordinating activities related to child safeguarding, e.g. training;
  • Ensuring the annual audit, including the correlation of records for training-related activities;
  • Ensuring the completion of training needs assessments across the various child safeguarding roles in the Church body;
  • Ensuring, with the Church authority, that the appropriate child safeguarding personnel are in place;
  • Upholding the seven standards in practice and behaviour.

In relation to Standard 1, the safeguarding committee is responsible for:

  • Producing a three-year plan for how to implement and maintain Standards 1, 5, 6 and 7 across the Church body. This includes the development of procedures and practice around creating and maintaining safe environments;
  • Liaising with the local safeguarding representatives to identify areas where guidance and support on policy or practice is needed;
  • Ensuring that records for activities related to child safeguarding are produced and stored appropriately.

In relation to Standard 5, the safeguarding committee is responsible for:

  • Producing a three-year safeguarding plan. Part of this plan will include evidence of training that will be delivered to personnel across the Church body. To do this, an annual training needs analysis process needs to be completed;
  • Coordinating trainers and local safeguarding representatives to deliver the training identified through the training needs analysis. This coordination includes correlation of training records and ensuring that training returns forms are sent to the NBSCCCI.

In relation to Standard 6, the safeguarding committee is responsible for:

  • Producing a three-year child safeguarding plan. Part of this plan will include evidence that a communications plan is developed and implemented across the Church body. To do this, an annual child safeguarding communications plan needs to be developed;
  • Coordinating local safeguarding representatives in the development of a communications plan. This coordination involves consultation with key stakeholders, including children and guardians, regarding the plan.

. In relation to Standard 7, the safeguarding committee is responsible for:

  • Producing and reviewing the three-year child safeguarding plan of how to maintain standards 1, 5 and 6 across the Church body;
  • Liaising with the local safeguarding representatives (LSRs) to ensure the compilation of a local safeguarding audit, and to identify areas where guidance and support on policy or practice is needed;
  • Ensuring that an annual safeguarding report on Standards 1, 5 and 6 is made to the Church authority; • Ensuring that records in relation to safeguarding matters are produced and stored securely.

 

 

 

 

 

Designated liaison person (DLP)

To promote safeguarding by:

  • Hearing child safeguarding concerns;
  • Passing on child safeguarding concerns to the statutory authorities;
  • Managing cases and all associated documents;
  • Liaising with the support person, advisor and the Church authority;
  • Passing on child safeguarding concerns to the NBSCCCI;
  • Conducting internal inquiries;
  • Contributing to upholding the seven standards in practice and behaviour;
  • Completing an annual report regarding compliance with Standards 2, 3 and 4 for the Church authority;

In relation to Standard 2:

  • Monitoring respondents or, with the Church authority, appointing a suitable person to carry out this role.
  • Liaising with the support person, advisor and the Church authority;
  • Informing the National Board for Safeguarding Children in the Catholic Church in Ireland (NBSCCCI) of an allegation/concern;

In relation to Standard 3, the DLP is responsible for:

  • Attending the initial meeting with the complainant (unless this is against the wishes of the complainant);
  • Ensuring that all appropriate internal and external inquiries are instigated;
  • Ensuring that relevant information regarding contact with the complainant is recorded and stored appropriately in the case file;
  • Keeping the Church authority updated regarding the health and well-being of the complainant;
  • Liaising with the support person to ensure that support, advice and pastoral care is offered to the complainant. If relevant safeguarding concerns are raised with the support person by the complainant, the DLP must ensure that these are passed on to the civil authorities and to the National Board for Safeguarding Children in the Catholic Church in Ireland (NBSCCCI).

In relation to Standard 4, the DLP is responsible for:

  • Ensuring that all child safeguarding concerns are notified to the statutory authorities and to the National Board for Safeguarding Children in the Catholic Church in Ireland (NBSCCCI);
  • Ensuring that all appropriate internal and external inquiries are instigated;
  • Ensuring that relevant information regarding contact with the respondent is recorded and stored appropriately in the case file;
  • Keeping the Church authority updated regarding the respondent, and liaising with the advisor to ensure that support, advice and pastoral care is offered to the respondent; • Attending the initial meeting with the respondent;
  • Monitoring respondents, or, with the Church authority, appointing a suitable person to carry out this role.

In relation to Standard 7, the DLP is responsible for:

  • Completing a report to the Church authority on an annual basis, outlining compliance with Standards 2, 3 and 4.

 

 

 

 

 

Support person

To promote safeguarding by:

  • Keeping the complainant informed of the process of the case;
  • Helping direct the complainant to counselling and support;
  • Recording any meetings or contact they have with the complainant and reporting to the DLP as appropriate;
  • Upholding the seven standards in practice and behaviour.

In relation to Standard 2, the support person is responsible for:

  • Attending the initial meeting of the complainant with the DLP (if agreed in advance with the complainant) in order to support the complainant, keeping them informed of the progress of their case, and helping them to identify and access support;
  • Recording the dates of any meetings or contact they have with the complainant and reporting to the DLP as appropriate. The support person will not be responsible for managing the file, and will pass on written records to the DLP, as appropriate, during regular meetings with the DLP.

In relation to Standard 3, the support person is responsible for:

  • Attending the initial meeting of the complainant with the DLP (if agreed in advance with the complainant) in order to support the complainant; keeping them informed of the progress of their case; and helping them to identify and access support;
  • Ensuring that support is provided to complainants and their families, as requested and mutually agreed upon;
  • Ensuring the complainant is offered pastoral care that meets their individual needs;
  • Offering to arrange a pastoral meeting with the Church authority at an appropriate time during the process, if the complainant wishes;
  • Recording any dates of meetings and/or contact they have with the complainant, and passing on relevant information to the DLP, as appropriate. They will not be responsible for managing the file but will pass on written records to the DLP, as appropriate, during regular meetings with them.

 

 

 

 

 

Advisor

 To promote safeguarding by:

  • Keeping the respondent informed of the process of the case;
  • Helping direct the respondent to counselling and support;
  • Recording any meetings or contact they have with the respondent and reporting to the DLP as appropriate;
  • Upholding the seven standards in practice and behaviour.

In relation to Standard 2, the advisor is responsible for:

  • Meeting the respondent with the DLP and the Church authority in order to support the respondent, keeping them informed of the progress of their case, and helping them to identify and access support;
  • Recording any meetings or contact they have with the respondent and reporting to the DLP, as appropriate. The advisor will not be responsible for managing the file, and will pass on written records to the DLP, as appropriate, during regular meetings with the DLP.

In relation to Standard 4, the advisor is, with the agreement of the respondent, responsible for:

  • Attending the initial meeting with the respondent, the DLP and the Church authority in order to support them;
  • Keeping them informed of the progress of their case;
  • Directing them to counselling and support as necessary;
  • Helping the respondent access both civil and canon law advice;
  • Considering the respondent’s wishes in regard to a pastoral response by the Church to their family; • Identifying with the respondent any therapeutic or other needs they have, and suggesting how these may be best met;
  • Recording any meetings or contact they have with the respondent and passing on relevant information to the DLP, as appropriate. They will not be responsible for managing the file but will pass on written records to the DLP, as appropriate, during regular meetings with the DLP.

 

 

 

 

Safeguarding trainers

To promote child safeguarding by:

  • Working with the safeguarding committee to identify training needs;
  • Delivering full-day and information-session safeguarding training to those identified by the safeguarding committee in the Church body;
  • Keeping records of all of those who have been trained;
  • Contributing to upholding the seven standards in practice and behaviour.

In relation to Standard 5, the safeguarding trainer is responsible for:

  • Delivering training in the Church body;
  • Working with the safeguarding committee to identify training needs;
  • Keeping records of all of those who have been trained;
  • Contributing to upholding the seven standards in practice and behaviour;
  • Ensuring with the safeguarding committee that they keep up their registration requirements with the NBSCCCI.

 

 

 

Local safeguarding council

To promote child safeguarding by:

  • Ensuring that Church body policies and procedures are in place and implemented;
  • Conducting an audit of all organisations in the Church body;
  • Playing a supportive role in the recruitment and selection of volunteers;
  • Ensuring that all information relating to safeguarding is posted on all Church buildings, and is relevant and up to date;
  • Providing information to all staff and volunteers, as and when required;
  • Ensuring active communication with Church personnel and lay faithful;
  • Upholding the seven standards in practice and behaviour.

 

 

 

Local safeguarding representative (LSR) /Parish Safeguarding Representative (PSR)

Being responsible to the parish priest or local superior to promote child safeguarding by:

  • Raising awareness of what child safeguarding is;
  • Disseminating information regarding the standards and guidance, and circulating this information widely;
  • Ensuring Church activities are provided in a way that ensures the safety and well-being of the children involved;
  • Ensuring that the contact details of the DLP, Gardaí/PSNI and Tulsa/HSCT are widely publicised;
  • Upholding the seven standards in practice and behaviour.

In relation to Standard 1, the PSR is responsible for:

  • Checking and providing advice and support so that all Church activities are being carried out in line with the safeguarding policies and procedures of the Church body;
  • Liaising with the child safeguarding committee (and the local safeguarding council, if applicable) around areas where further child safeguarding advice and support are required

In relation to Standard 5, the PSR is responsible for:

  • Delivering information sessions (if appropriate) to personnel who have been identified by the safeguarding committee. To deliver this training, the PSRs must be trained by a trainer who is registered with the NBSCCCI;
  • Contributing to the training needs analysis carried out by the safeguarding committee.

In relation to Standard 6, the LSR is responsible for:

  • Working with the safeguarding committee to consult with key members of the community, including children, guardians and other personnel who have been identified by the safeguarding committee in the compilation of a communications plan;
  • Checking that methods of communication are effective and in place. This information should be communicated to the safeguarding committee as part of the consultation and evaluation phases of developing and reviewing a communications plan.

In relation to Standard 7, the LSR is responsible for:

  • Working with the safeguarding committee to ensure the completion of the local safeguarding audit.

 

 

 

 

 

National Board for Safeguarding Children in the Catholic Church in Ireland (NBSCCCI)

Performs its child safeguarding role by:

  • Assisting with the development of policy, procedures and practices across the Catholic Church in Ireland;
  • Offering advice on best practice, including training, case management and implementation of national standards and guidance;
  • Monitoring the practice of child safeguarding across the Catholic Church in Ireland.

In relation to Standard 2, the NBSCCCI will:

  • Be advised of safeguarding allegations, suspicions or concerns by the DLP relating to clerics or religious; monitor and report on these allegations; and retain records of this information safely and securely;
  • Offer advice and support to the people in the roles listed above and on the previous page, in relation to the safeguarding concerns, suspicions or allegations that have been reported, and on the policy and processes for reporting.

In relation to Standard 3, the NBSCCCI will:

  • Be advised of safeguarding suspicions, concerns or allegations by the DLP, and retain records of this information;
  • Offer advice and support to the people in the roles listed above and on the previous page, in relation to care and support for the complainant.

In relation to Standard 4, the NBSCCCI will:

  • Be advised of safeguarding, allegations, suspicions or concerns by the DLP, and retain records of this information;
  • Offer advice and support to the people in the roles listed on the previous pages, in relation to care

In relation to Standard 5, the NBSCCCI will:

  • Offer advice and support to the roles listed above and on the previous page, in relation to training; • Produce and deliver a national training strategy;
  • Maintain records of attendance at local and national training sessions.

In relation to Standard 7, the NBSCCCI will:

  • Conduct planned reviews on the Church body;
  • Store the annual notification of the Church authority, which states that an annual audit of safeguarding has been completed.

 

 

 

 

National Case Management Committee (NCMC)

Integral to child safeguarding:

  • The NCMC exists as a function of NBSCCCI, and is chaired and administered by its staff;
  • The NCMC functions as an all-island group, offering advice to Church authorities on all aspects of the investigative process into alleged abuse (including the areas listed under the role of the advisory panel on Page 3);
  • Membership is agreed through the signing of a data processing deed, which allows the sharing of full information with the NCMC and is fully compliant with data protection legislation in both jurisdictions. To find out more about the current composition of the group, please log on to: http://www. safeguarding.ie.

. In relation to Standard 4, the NCMC will:

  • Offer advice and support to Church authorities who are members on any issue relating to the care of the respondent;
  • Put their advice in writing; these records should then be passed to the DLP who will store them in the third-party information section of the case file (Guidance 2.2B).

 

 

 

 

Conflict of Roles

Role conflict occurs when a member of safeguarding personnel in a Church body finds that they occupy different and incompatible roles at the same time; so, for instance, a cleric who is the DLP for a Church body cannot act as an advisor for the same Church body; or an advisor to a respondent  should not be asked to monitor the respondent’s Management Plan; or, in the case of a National Board staff member, they cannot provide advice and guidance to a Church authority and also act as a reviewer of safeguarding practice, for the Church body over which the Church authority has responsibility. The first task for all role holders is to become fully familiar with the duties and responsibilities that are attached to any role that they occupy in the safeguarding structure (which are outlined above).

Role ambiguity needs to be avoided. The Guidance documents that the NBSCCCI has produced to assist with the implementation of the Standards all contain information on the roles of safeguarding personnel in relation to each standard as the first item covered.

 

Canon law is clear about the need to avoid role conflict; so, for instance, Canon 1447 states that: Any person involved in a case as judge, promotor of justice, defender of the bond,    procurator, advocate, witness or expert cannot subsequently, in another instance, validly   determine the same case as a judge or exercise the role of assessor in it. And Canon 1717 §3 states that: The one who performs this investigation has the same powers and obligations as an    auditor in a process. If, later, a judicial process is initiated, this person may not take part in   it as a judge.

It can sometimes happen in a Church body, that one person may have two or more safeguarding roles. This may make sense when the workload is not particularly heavy, or where resources are limited. However, the difficulty that can arise for such a person is when their roles are in conflict, one with the other.

Where roles conflict, it is essential that they are carried out by different people.

Personal Conflicts

Conflicts arise that maybe of a more personal nature. For instance, a cleric or religious may be in a safeguarding role in the Church body and is requested to provide a character reference for a confrere who is the respondent in a criminal child abuse prosecution. This character reference should be given by someone else. Another area of sensitivity may occur if a respondent cleric or religious is appearing in court, having been prosecuted for child abuse.  When considering how to support a colleague cleric or religious in this situation, there are factors which need to be considered, including:

  • Does a cleric in clerical garb represent the Church?
  • Is the cleric or religious present in the court in a personal capacity?
  • Is there a balanced support offered to the complainant by members of the Church?

The simple rule of thumb is, if in doubt, check it outdiscuss any potential role conflict with your Church authority or with the NBSCCCI before you undertake a task that you consider may be incompatible with safeguarding roles you hold.