Following the recent publication of the Makin Review, the CEO of the Charity Commission has written to diocesan bishops of the Church of England seeking their assessment of whether any aspects of Church law, structure or processes are currently preventing trustees of Church charities from fulfilling their safeguarding obligations. This letter follows the letter sent on 24 January to members of the General Synod who are also trustees of Church charities:
“31 January 2025
Dear Bishop,
Safeguarding in Church charities
I am writing to you in your capacity as a trustee of the Diocesan Board of Finance (DBF), a registered charity, while also being mindful of your wider leadership role within the diocese.
As a member of the General Synod who is also a trustee of a Church charity, you will have received a copy of my letter dated 24 January 2025 which reminded all trustees of Church charities of their safeguarding duties and responsibilities ahead of the Synod in February.
As I explained in that letter, all charity trustees have a duty to take reasonable steps to protect from harm people who come into contact with their charity. Trustees should ensure that processes, procedures and training are fit for purpose and enable them to effectively discharge their duties in relation to safeguarding. This includes being satisfied that, where concerns are raised, appropriate action is taken in a timely manner and processes are in place so that safeguarding concerns cannot be ignored or covered up.
We understand that the Diocesan Safeguarding Officer and safeguarding team sits within the DBF. Along with your co-trustees, you are responsible for ensuring that the diocesan safeguarding team carries out its work in a way which enables trustees of all the Church charities within the diocese to effectively discharge their safeguarding duties.
The Makin Review and other recent reviews into safeguarding at the Church of England – alongside high profile developments this week – have raised concerns about the sufficiency of the Church’s safeguarding processes, and procedures to protect people from harm and hold people to account. The Church has acknowledged that improvements to safeguarding must be made and the Commission understands that the safeguarding related business to be considered by the Synod in February is intended to rectify the inadequacies highlighted by various past reviews and reports.
The Commission remains keen to understand whether, following any changes made or agreed by Synod, there are any remaining structural, procedural or constitutional arrangements under ecclesiastical law that you consider conflict with, or prevent you and your co-trustees from fulfilling, your safeguarding duties as charity trustees (Legal Impediments).
The Commission understands that you and your co-trustees will need to consider the implications of the decisions made by Synod before you can ascertain whether any Legal Impediments remain. Therefore, the Commission would appreciate your response to this letter (including confirmation that the trustees do not consider any Legal Impediments remain) by 31 March 2025.
The Commission will consider any information you provide in accordance with its Risk and Regulatory Framework and take such steps as it considers appropriate as part of our ongoing engagement with the charitable National Church Institutions. This includes requiring confirmation that any Legal Impediments so identified by trustees have been, are being or will be addressed (and how).
When considering this letter you may find it helpful to consider the Commission’s general advice and guidance, which is designed to provide support to trustees improving their understanding of their essential trustee duties and safeguarding responsibilities – including that the Charity Commission requires charities to report serious incidents in a timely manner so that there is prompt, full and frank disclosure to it as the regulator of charities.
Please share this letter with all the other trustees of the DBF.
Yours sincerely,
David Holdsworth
Chief Executive Officer”
is this letter advice an instruction or a warning ?
You must ask the Charity Commission that.
maybe all three
As a Benefice Safeguarding Officer, and a former DBF trustee, I particularly note the Charity Commission states, “Trustees should ensure that processes, procedures and training are fit for purpose and enable them to effectively discharge their duties in relation to safeguarding.”.
The General Synod is being recommended to vote for Option 4. GS 2378 Appendix 3 – Model 4 states: ‘The external delivery body operates independently from the Church and makes its own operational decisions as to the best ways to deliver safeguarding according to what is set out already in practice and code.’.
Isn’t this incompatible with the Charity Commission’s statement?
Can someone please explain to me how trustees can control such an independent external body to ensure it is effective in carrying out the trustees duties?
I wonder why the CoE is having such difficulties with safeguarding when the Church of Scotland does not.
All trustees, from central bodies to the Kirk session, are expected to undertake safeguarding trainings, and there are no fewer than three safeguarding courses which people in leadership positions have to do, and are expected to redo every 5 years. The reporting of problems to the Police/Social Work Department is mandatory in the event of an issue, while the Central safeguarding body also has to be informed at the same time.
I am making no claim that safeguarding in the Church of Scotland is perfect, no one can ever be sure of what horrors are in the woodwork waiting to be disclosed, but it is robust and if a case does come to light, provided people do what they are trained to do, it should be dealt with.
In that connection, I’ve just become a trustee of Central & North Lancs Quakers. As a result, I’m booked on two safeguarding courses: one in relation to children and the other in relation to vulnerable adults.