1. Is it a legal requirement for a church to have a child protection policy?
You will not be breaking criminal law if you do not have a child protection policy. However, statutory guidance in “Working Together to Safeguard Children” 2006 states that churches, other places of worship and faith-based organisations need to have appropriate arrangements in place for safeguarding and promoting the welfare of children.
In particular these should include:
Section 2.154 of Working Together 2006 states: “Churches and faith organisations can seek advice on child protection issues from the Churches' Child Protection Advisory Service (CCPAS). CCPAS can help with policies and procedures; its Guidance to Churches manual can assist churches and its Safeguarding Children and Young People can assist other places of worship and faith-based groups”
The Charity Commission requires charities serving children (including churches) to have a policy before granting registration:
“The Charity Commission will carry out a consultation on Child Protection Issues before issuing a formalised policy. In the meantime, the current position is that where possible the Charity Commission would like to see the CRB certificates in all cases where the beneficiaries are children or vulnerable adults. If those certificates are not available but there is some other evidence in the form of certificate details, letters of clearance from other umbrella bodies, local authorities etc then that is what should be supplied.”
Insurance companies also require written policies.
2. Our church is thinking of running a holiday play scheme/out of school club, do we need to register the activity?
Any child care provision must be registered with OFSTED where the activity lasts for two or more hours in any one day (including part of an hour and split sessions during a day); where the activity lasts for six or more days in any one year; where the children attending the activity are under eight years of age; and where there is nobody with parental responsibility present. All of these criteria would need to be met in order for registration to be required. It should be noted that in terms of what is regarded as being within a year, a year commences on the first day of the activity commencing. In other words, were a church to have a five-day holiday club in August of one year, and then repeat the holiday club for five days in July the following year, the total over a 365-day year from the first day of commencement of a club would be in effect that ten days of activity will have been provided, and if all other criteria have been met (as stated above) then that holiday club would need to be registered.
In England and Wales, responsibility of daycare regulatory services for children under 8 was passed from Social Services to OFSTED in September 2001 following the Care Standards Act 2000. This Act also covers out of school care for over 7's up to the age of 14 (or 16 where the child is disabled). The Act lays down various standards and OFSTED inspectors will be particularly concerned about the adequacy of child protection arrangements. Further information on daycare registration can be found on the Department for Education and Skills publications website or can be ordered from DfES on 0845 6022260, or email mailto:dfes@prologue.uk.com. The OFSTED number is 0845 601 4771: http://www.ofsted.gov.uk./ In Scotland, contact the Social Work Department.
3. Last Sunday we held a baptism service and at the end invited people present to consider whether they too would like to be baptised. Two young people came forward, both under 16, and their families are not part of our church community. We suggested they sought parental permission before we baptise them. Did we act correctly?
You took the wisest course of action. At 16 the position is clearer because young people can make their own decisions about certain things e.g. consent to operations. For children under 16, the “Gillick” principle applies. In other words it comes down to a child's age and ability to understand the implications of what they want to do. It is sensible therefore to consult a parent/carer in this situation. The parent(s) might even come to the baptism if consent has been sought even if the baptism is arranged for a later date. If a parent does not consent it is unlikely there will be serious implications for the young person if they have to wait until they are 16. More damage could be done in respect of the parents/carers' relationship with the church if the baptism is carried out regardless.
4. Is it against the law to leave children unattended at home?
No, it's not against the law to leave a child unattended at any age but it is against the law to leave children in circumstances that put them in any kind of danger. So, for example, leaving a young child alone for several hours could place them in physical danger and emotional harm through loneliness and fear. Someone under 18 is legally a child and though you can leave children younger than that alone, you must be sure that they can cope adequately and that you have guarded against all possible risks. Young children should never be left alone.
5. Is it OK to use babysitters under 16 years of age?
As stated above, someone under 18 is still legally a child. If anything goes wrong, you will be responsible for the babysitter as well as your own children. You should also question whether it is fair to place this kind of responsibility on a young person of this age. You must ensure that your babysitter knows your ground rules – for example, bedtime and your expectations over discipline. Make sure that your child is happy with the babysitter and don't use the person again if they are not. You will need to consider very carefully how you choose a babysitter as children are abused by male and female carers in babysitting arrangements. See ‘Keeping children safe' in CCPAS publication ‘Caring about Abuse' for further information on using babysitters.
Frequently Asked Questions - Legal