Safeguarding and the responsibilities of charity trustees

DO read this article if you are a trustee of any kind of charity.

DON’T skip this article because you think that safeguarding is something to do with child protection and if your charity is not directly involved in dealing with children, it’s not something you need to worry about.

Safeguarding is very much concerned with child protection. But it is a common misconception to think that the limit of its remit is looking after under 18s. Everyone should be able to operate within a safe culture: that includes children, adults who may be vulnerable or at risk (due to, for example disability, age, mental health considerations, traumatic experiences or other circumstances which impact on them) and all of us generally as we go about our daily business. Charities must create their own safe culture and take steps to ensure that those with whom they engage (including partners, grant recipients, donors, other third party organisations and individuals) are also functioning within a safe framework. Highly publicised scandals such as sexual misconduct by Oxfam staff in Haiti, alleged treatment of female staff at the men only Presidents Club dinners, serious failings at Ampleforth College and Abbey and, sadly, many others indicate the danger and damage to individuals affected, as well as the significant reputational impact on the charities directly (and indirectly) involved.

The Charity Commission is clear:

“Protecting people and safeguarding responsibilities should be a governance priority for all charities. It is a fundamental part of operating as a charity for the public benefit.

As part of fulfilling your trustee duties, whether working online or in person, you must take reasonable steps to protect from harm people who come into contact with your charity.”

The Charity Governance Code is equally clear that, as part of its third principle regarding acting with integrity, charities should ensure “the right to be safe”, which includes trustees understanding their safeguarding responsibilities and going “beyond the legal minimum to promote a culture in which everyone feels safe and respected”.

As a charity trustee, therefore, you have extensive responsibilities towards beneficiaries, but also staff, volunteers, donors, contractors and anyone else with whom your charity engages. The way in which your charity operates needs to be active in its prevention of harm, harassment, bullying, abuse and neglect. Your charity must also have systems in place to ensure concerns and incidents may be reported safely, then handled and investigated appropriately and well, with suitable responses given and further action taken as required. The culture you set within your charity should be one of “curiosity, scrutiny and constructive challenge, with processes to underpin these behaviours” (report on the investigation of matters relating to Jimmy Savile at Leeds Teaching Hospitals NHS Trust).

Charities working with children and adults at risk are subject to specific legal requirements with which they must comply. All charities, however, are expected to take, and be able to demonstrate that they have taken, the following actions:

Identify and manage risks: this requires you to consider the nature of your charity’s activities, where, how and with and for whom are they carried out. Your charity may work with, or fund other organisations which work with, vulnerable beneficiaries. It may provide services in person or online. It may operate in this country or abroad. The risk profile, and trustees’ management of such risks, will vary according to these and other factors.

Put in place suitable policies and procedures: your charity needs robust safeguarding policies and procedures (there may be a suite of them) and everyone in the organisation needs to understand them and know how to access them. Trustees, staff and volunteers may require training. Relevant policies will include, for example, a code of conduct, an anti-bullying policy and a whistleblowing policy, as well as a core safeguarding policy.

Ensure necessary checks are undertaken: all staff and volunteers need to be suitable for the roles you require them to fulfil. This includes checks through the Disclosure & Barring Service as required, but also collecting, reviewing and following up references. Some organisations (such as those working directly with children) will require an extensive policy on safer recruitment.

Protect staff and volunteers: your charity needs to have appropriate insurance in place, as well as necessary policies and procedures. Everyone should know what to do if they have a concern and should feel confident that it will be treated appropriately.

Handle and report incidents appropriately: your charity needs to follow its policies and procedures when incidents occur or concerns are raised. You will often need to act quickly, to prevent further harm, and you may need to report to an external agency such as the Police. You may also need to make a serious incident report to the Charity Commission.

We have all been horrified by major safeguarding failings we have read about. As a charity trustee, you need to take all steps to prevent such failings in your own organisation. We are ready and willing to help and advise you on such steps. Whilst we sincerely hope it won’t, always keep uppermost in your mind that, whether within your own organisation or one with which your organisation is associated, “it could happen here”. Trustees need to be confident that they have taken all necessary actions if it does.

If you have any questions about the topics raised in this article, please get in touch.