NEWS

A summary of IICSA MR Seminars 1 + 2 with some background.

In Spring 2018 many of us wondered if IICSA’s long promised mandatory reporting (‘MR’) seminar would ever happen. Well-designed MR is a key component of functioning safeguarding, particularly for Regulated Activities. It introduces responsibility and accountability to these strategically important institutional roles where only nominal responsibility and accountability exists presently. It’s in these settings that children spend most time after time with family. Importantly, and always overlooked, MR law also protects staff who are mandated to report known or suspected abuse. This rarely recognised element is as important as the obligation to report.

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The full article as it appeared in the Times is here.

Here is the pre-edited draft sent to The Times which contains important additional facts and supporting data :

‘It’s all different now’ is the default refrain from those who today are responsible for safeguarding in institutional settings such as education, sport, healthcare and faith. The amount of time spent by children in these operationally complex places is second only to time spent with their families. But the assertion begs the question, how is it all different now when today there is still no statutory obligation on ‘professionals’ working in positions of trust to report known or suspected abuse of a child to the authorities for independent assessment? (more…)

A ‘ping’ notified us of an article in Psychology Today (1/8/19) titled “Top 10 Myths About Clergy Abuse in the Catholic Church.”  1) It doesn’t happen?  Not quite, but the article by Thomas G Plant Ph.D., ABPP  suggests it’s de minimis.

We decided to email Tim Lennon the President of Survivors Network of Those Abused by Priests (“SNAP”) to seek his opinion  and invited him to respond, particularly as Dr Plant is an American academic  :

Reply to Church Apologist :

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On day three of Anglican Hearing at the Independent Inquiry into Child Sexual Abuse, Dr Sheila Fish gave evidence on the work the Social Care Institute of Excellence is doing for the Church of England.

On the important matter of ‘audits’ that SCIE have been commissioned to undertake in the 42 dioceses of the Church, we alighted on the following comments made by Dr Fish :

The approach we take with audits is flavoured with the Learning Together methodology. So that Learning Together method is SCIE’s model for initially conducting incident reviews …….

Dr Fish continued :  (more…)

The Disclosure and Barring Service  (“DBS”) is often mistakenly oversold as a functioning barrier that reliably stops perpetrators working with children and vulnerable adults. It is almost certain the DBS does not see itself in this way. When it is made to work effectively it needs to be part of a functioning safeguarding framework that has to include Mandatory Reporting of known or suspected abuse by Regulated Activities in England and Wales. Scotland would also benefit from MR – Northern Ireland has had a form of mandatory reporting since 2005.

The DBS was formed in 2012 by merging the functions of the Criminal Records Bureau (CRB) and the Independent Safeguarding Authority (ISA) under the Protection of Freedoms Act 2012. The DBS started operating on 1 December 2012 from offices in Liverpool and Royal Wootton Bassett. Its equivalent agencies are Disclosure Scotland in Scotland and Access Northern Ireland.  (more…)

On 21st April Cardinal Vincent Nichols was interviewed on BBC Sunday Programme. He either  blanked or sidestepped questions on child abuse in the Catholic Church. Our post concentrates on this aspect of the interview including the cover up of child abuse in the Archdiocese of Birmingham where Nichols was Archbishop from 2000 – 2009. The Archdiocese was part of IICSA’s Catholic investigation undertaken – Nichols gave evidence. (more…)

We have reviewed two core components of the Crewe Alexandra Football Club safeguarding policy: (i) the child protection and safeguarding policy and, (ii) the whistleblowing policy. We provide a third document showing the email exchanges needed to secure the policies from the club.

The whistleblowing policy is key because in England there is no legislation that requires employees and/or volunteers who have responsibility for the care of children in a ‘Regulated Activity‘ (a football club academy for example) to report known or suspected abuse to the statutory authorities. Anyone who chooses to report is by default a whistleblower with little legal protection. Furthermore it’s discretionary to report a safeguarding concern. No law is broken by  a member of staff who chooses to not report a concern to the local authority for independent assessment that perhaps, only many years later when the child has disclosed abuse in adulthood, secures a criminal conviction.

Please read the conclusions on the first page of the safeguarding policy review below. 

To the extent safeguarding works in any setting, it does so thanks to good staff trying their best with a legislative framework that simply cannot function effectively within Regulated Activities. The design and delivery of any safeguarding policy is vitally important and reveals the extent to which safeguarding is embedded in the culture of  the setting.

Our reviews of:

The CAFC Safeguarding Policy 

The CAFC Whistleblowing Policy

Emails needed to secure the Crewe Alexandra policies 

In 2018 a representative of Mandate Now provided evidence to the Independent Football Review led by Clive Sheldon QC.

(The policy in the review was current at the time of going to print  10/12/18)

Meg Munn, the recently appointed Chair of the National Safeguarding Panel of the Church of England, appeared on Radio 4 Sunday programme on the 17th March 2019. The peg for her contribution was the appalling story of Bishop of Chester, one of the 26 Spiritual Lords who contribute to the formulation of legislation in the House, failing to report to the statutory authorities abuse perpetrated by Rev. Gordon Dickenson which Dickenson wrote to him about in 2009.  Dickenson was convicted earlier this month of eight counts of sexual assault after pleading guilty to abusing a boy during the 1970s inside a church hall and even his vicarage.

Here is the interview with Ed Stourton.  In the first minute, Ms Munn provided clear opinion on what should now happen with this matter. Ed Stourton then read an extract from a letter sent to Andrew Graystone by the Bishop of Chester. Below we provide the transcript of the interview with Ms Munn from @1’39” onwards. Our observations are interpolated into the copy under ‘comment’.  Emboldening and italicisation are ours. (more…)

The LTA Chief Executive Scott Lloyd said on the 25/1/19: “the LTA has now undertaken a root and branch review of its safeguarding” and “is committed to having the best safeguarding procedures possible at every level of the game.” Our review of the LTA safeguarding reveals dysfunctional safeguarding has been retained despite Mr Lloyd’s assertions.

Our review is available here.

Little reliance can be placed on the County Association Safeguarding Template policy. In England, Wales and Scotland there is still no statutory obligation to report either known or suspected abuse to the Local Authority (or the police in appropriate circumstances) for independent assessment. LTA policy provides no commitment even to consult with external agencies, such as the local Authority Designated Officer (“LADO”) for advice and/or guidance, when a safeguarding concern arises.

The LTA claims a child is a person under the age of 18 years. The proposed extension of the Position of Trust Law to sports coaches was put on hold by the Government many months ago. Here are the roles to which the law currently applies. Sports coaches are not included. The proposed extension can only make a very small difference to functioning safeguarding in Regulated Activities as we explained in this press release. 

The LTA policy is a Potemkin village. Like all safeguarding policies, its foundation is ‘statutory guidance’ issued by the Department for Education to assist Regulated Activities, such the LTA, deliver law effectively. But there is no law to report known or suspected child abuse. As a result the term ‘statutory guidance’ is little more than an oxymoron. The reality is, the head of an LTA affiliated tennis club/centre who has statutory responsibility for safeguarding cannot be held to account by safeguarding legislation for failures to refer known or suspected child abuse to the statutory agencies. Furthermore, absence of legislation means staff who make a report in good faith, have no protection against legal action if the report they make is not validated in law.

The LTA is free to exceed the de minimis expectations of ‘statutory guidance’ to produce a safeguarding policy on which greater reliance can be placed. Unfortunately it has made no attempt to address the legislative vacuum in order to support staff and better protect young players in LTA care. What hope for culture change?