Chapter 5:
Confidentiality and safeguarding
Aim of the chapter
- To explain our legal obligations
- To describe consent and limitations to consent
- To describe support
- To describe internal communication processes
At times we may need to share sensitive or personal information to ensure the safety and protection of children.
We respect individuals’ rights to privacy and are committed to keeping information secure.
However, there are limits to this confidentiality. In some situations, we are required to share information either internally or externally.
If we are concerned about a child’s safety or well-being, we may need to share information with Tusla (The Child and Family Agency) or An Garda Síochána.
This is required by law to protect children and young people.
Our legal obligations
The safety and welfare of children and young people is a priority for our denomination.
All of our ministries are underpinned by regional statutory guidance and requirements, mainly the Children First Act 2015 and Children First: National Guidance for the Protection and Welfare of Children (2017).
It is also our own policy that all our leaders, staff, volunteers, Ministers and Elders must inform Tusla when they have reasonable grounds for concern that a child may have been, is being or is at risk of being abused or neglected (harmed).
We must report concerns even if:
- We do not know the child or the person who may have caused harm
- Someone tells us the concern has already been reported to Tusla or An Garda Síochána
- Someone wants to take back something said that raised concern
- No matter how well we know the child, their family or the alleged perpetrator
- No matter what the role or responsibility any individual has within our church
Consent
We will usually discuss our concerns with the individual about whom allegations are made and explain why we are making/have made a report.
We do not do this if it would put a child at further risk or place ourselves at any risk of harm.
It is important to note that consent is not required for us to make a report.
When it comes to child protection, data protection legislation and the General Data Protection Regulation (GDPR) do not prevent us from sharing information when necessary to keep children safe, when we have reasonable grounds for concern.
Support
We understand that this process may be difficult for the individual subject of allegations, and that they will need pastoral support.
Pastoral support can be given through the individual’s own church, or we can signpost to outside pastoral support.
The church leadership should identify appropriate persons to support. This should be two people.
Pastoral support should never be given to the subject of an allegation by the same person who is supporting a victim of abuse.
Internal communication and confidentiality
It is critical when managing incidents of child protection and safeguarding situations that confidentiality is maintained.
Any risks of potential breaches of confidentiality must be managed. Breaching confidentiality could have important impacts on sensitive situations including but not limited to:
- we may put a child at greater risk of harm
- we may place a family or individual at risk of community retribution
- we may disrupt a criminal investigation
- we may destroy the reputation of an innocent individual
Who needs to know?
1. Kirk Session
PCI governance makes Kirk Session a Court of the Church and its members have, usually, a corporate responsibility for all areas of church life for the local congregation to which they are appointed.
This includes the overall safeguarding responsibilities for their congregational life.
However, when it comes to safeguarding and any potential child protection issue, Kirk Session members must not breach confidentiality at any stage.
Anyone being given information about a child protection concern or details of any alleged perpetrator must have a valid and legal reason for being involved.
It is good practice for Kirk Sessions to appoint a small team of Elders to manage safeguarding, and to give assurances to the wider Kirk Session, without details, around any active child protection concerns.
This team usually involves the Minister, the Clerk of Session, the Designated Liaison Person and one or two other Elders, as nominated by the wider Kirk Session.
This model helps to both maintain confidentiality and assure Kirk Session of its wider responsibilities as the governance of the local congregation.
It is a good model and one this procedure recommends.
Kirk Sessions will be liable if confidentiality is breached and the potential for reputational damage is severe.
2. PCI Safeguarding Lead/Officers
As well as mandatory referrals it is normal for most child protection concerns to be reported to the central PCI Safeguarding Team.
All serious allegations and the management of offenders must be reported to the central PCI Safeguarding Team.
The Team may hold other vital information that may help statutory bodies in their processes.
The Team may hold other vital information that involves connections with other local congregations or ministries within our denomination.
The Team is the professionally qualified department of the Church that will support those on the ground to manage the complexities and processes involved in a child protection matter.
3. Clerk of Presbytery / Office of the Secretary to the General Assembly
As the most senior figures in our denomination’s governance structures, it may be at times that they must be advised of a concern.
This is especially the case when the alleged perpetrator of abuse is a Minister or Elder of the Presbyterian Church in Ireland; church governance and law will require internal actions to commence once all statutory processes are complete.