We reported here that the Charity Commission had written to General Synod members. They have now written to Diocesan Bishops who are trustees of their Diocesan Board of Finance or other Church charities. There is a press release and the letter can be found here. The full text of the letter is copied below the fold.
Press release text:
As regulator of charities in England and Wales, the Charity Commission is engaging with certain National Church Institutions regarding safeguarding in Church charities following the recent publication of the Makin Review.
This letter to bishops, sent on 31 January 2025, seeks their assessment of whether any aspects of Church law, structure or processes are currently preventing trustees of Church charities from fulfilling their safeguarding obligations. The letter follows a letter sent to Members of the General Synod who are also trustees of Church charities on 24 January 2025.
A press release with more information about the Commission’s engagement can be found via this link: Regulator sets out safeguarding expectations ahead of key Synod votes – GOV.UK
Published 3 February 2025
Letter to Diocesan Bishops who are trustees of their Diocesan Board of Finance or other Church charities
[Sent 31 January 2025]
Dear Bishop,
Safeguarding in Church charities
I am writing to you in your capacity as a trustee of the Diocesan Board of Finance (DBF), a registered charity, while also being mindful of your wider leadership role within the diocese.
As a member of the General Synod who is also a trustee of a Church charity [footnote 1], you will have received a copy of my letter dated 24 January 2025 [footnote 2]which reminded all trustees of Church charities of their safeguarding duties and responsibilities ahead of the Synod in February.
As I explained in that letter, all charity trustees have a duty to take reasonable steps to protect from harm people who come into contact with their charity. Trustees should ensure that processes, procedures and training are fit for purpose and enable them to effectively discharge their duties in relation to safeguarding. This includes being satisfied that, where concerns are raised, appropriate action is taken in a timely manner and processes are in place so that safeguarding concerns cannot be ignored or covered up.
We understand that the Diocesan Safeguarding Officer and safeguarding team sits within the DBF. Along with your co-trustees, you are responsible for ensuring that the diocesan safeguarding team carries out its work in a way which enables trustees of all the Church charities within the diocese to effectively discharge their safeguarding duties.
The Makin Review and other recent reviews into safeguarding at the Church of England – alongside high profile developments this week – have raised concerns about the sufficiency of the Church’s safeguarding processes, and procedures to protect people from harm and hold people to account. The Church has acknowledged that improvements to safeguarding must be made and the Commission understands that the safeguarding related business to be considered by the Synod in February is intended to rectify the inadequacies highlighted by various past reviews and reports.
The Commission remains keen to understand whether, following any changes made or agreed by Synod, there are any remaining structural, procedural or constitutional arrangements under ecclesiastical law that you consider conflict with, or prevent you and your co-trustees from fulfilling, your safeguarding duties as charity trustees (Legal Impediments).
The Commission understands that you and your co-trustees will need to consider the implications of the decisions made by Synod before you can ascertain whether any Legal Impediments remain. Therefore, the Commission would appreciate your response to this letter (including confirmation that the trustees do not consider any Legal Impediments remain) by 31 March 2025.
The Commission will consider any information you provide in accordance with its Risk and Regulatory Framework and take such steps as it considers appropriate as part of our ongoing engagement with the charitable National Church Institutions. This includes requiring confirmation that any Legal Impediments so identified by trustees have been, are being or will be addressed (and how).
When considering this letter you may find it helpful to consider the Commission’s general advice and guidance, which is designed to provide support to trustees improving their understanding of their essential trustee duties and safeguarding responsibilities – including that the Charity Commission requires charities to report serious incidents in a timely manner so that there is prompt, full and frank disclosure to it as the regulator of charities.
Please share this letter with all the other trustees of the DBF.
Yours sincerely,
David Holdsworth
Chief Executive Officer
The net is closing in…