Out-Law News 1 min. read

Case shows need for monitoring of safeguarding measures


Organisations with a duty of care towards people must ensure that the way any safeguarding measures are implemented is properly monitored, experts have said.

Julian Diaz-Rainey and Chris Dryland of Pinsent Masons were commenting after a BBC investigation found that there was no monitoring of the implementation of child safeguarding measures recommended in the case of a priest whose alleged behaviour towards children was the subject of criminal investigations.

According to the BBC, Blackburn Cathedral suspended Canon Andrew Hindley at least twice and banned him from choir school, junior confirmation groups and school visits. However, the BBC said it had seen documentation that suggests the restrictions were never monitored.

No charges were ever brought against Canon Hindley from the police investigations undertaken. He has claimed he was the subject of efforts to drive him from his role at Blackburn Cathedral, which he said were “motivated by homophobia and personal agendas”. He has further claimed that the Church of England “has allowed its safeguarding procedures to be hijacked, weaponised and misused”. The BBC reported that he was paid a six-figure sum by the Church of England to leave his post.

Julian Diaz-Rainey said: “The investigation concluded that although some safeguarding measures has been put in place, the implementation of them was not monitored. Not only do safeguarding measures need to be properly designed, but they also need to be properly implemented and compliance monitored in order for them to be effective.”

Chris Dryland added that safeguarding issues can arise at any organisation and not just in the context of child welfare. He highlighted, for example, that all employers in the UK have a duty of care towards their workers in respect of both their physical health as well as their mental health and wellbeing.

“We have seen from recent allegations that abuse is not just an issue that relates to children, young or vulnerable adults,” Dryland said. “Organisations need to ensure that they implement the appropriate policies and procedures at all levels to ensure that all people are kept safe.”

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