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, the government’s statutory guidance – ‘Working Together to Safeguard Children updated in  2010 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 (anyone up to the age of 18 years).  The Charity Commission requires every organisation that works with children, including places of worship, to have a written safeguarding policy and charitable status will not be granted unless a policy is in place.  Insurance companies also require written policies.

In addition Trustees providing services to children and vulnerable adults are required to inform the Charity Commission if they do not have a safeguarding policy in place and are not carrying out criminal records checks on Trustees (where legally possible) and workers (paid and volunteer).  The Charity Commission would regard such a situation as a ‘serious incident’ and investigate.  When filing their Annual Return, charity trustees are required to confirm that such policy and procedures are in place.   

Insurance companies have similar expectations and failure to address these issues could mean that an organisation is in breach of their insurance policy.

2. Our church is thinking of running a holiday play scheme/out of school club, do we need to register the activity?

Day Care regulations (Ofsted) cover activities which last for 14 days or more in a year, for children up to eight years of age where there is no one with parental responsibility with them and where the activity lasts for two hours or more in a day.

If you care for children under 8 from specific premises for 14 days or less in any year and you let Ofsted know in writing at least 14 days before the start there is no need to register with them. All of these criteria would need to be met in order for registration to be required.  ‘In any one year’ means from the first day the activity commences for the following 12 months.  In other words, if a church runs a two hour holiday club over five days in August of one year, and then does the same the following July, the total hours of activity within the year would be ten days. If all the other criteria above apply, the 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 are vigilant when it comes to the adequacy of child protection arrangements. .

Further information on daycare registration can be found on the Department for Education publications website: publications.education.gov.uk or can be ordered from the DfE on 0845 6022260.  OFSTED can be contacted on 0300 123 1231 or information can be found on their website: 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. 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 surgery.  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 before hand and the baptism is at 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 if they become fearful, distressed or lonely. Someone under 18 is legally a child and though you can leave children younger than that on their own, 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 CCPAS article ‘Keeping Children Safe’.

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