LSP-I Appendix 1 - Safeguarding Roles

PART A

Prelature Safeguarding Policy (PSP)

Art. 207 | Global Safeguarding Roles

• Church Authority

The Prelate of Opus Dei, as the proper Ordinary (cf. Can. 295 §1 CIC), is the Church Authority for the purposes of relations with Holy See.

• Safeguarding Coordinator & Deputy Coordinators

The Regional Vicar appoints a Regional Safeguarding Coordinator for the protection of minors (“the Coordinator”) and one or more Deputy Coordinators who have responsibility for the tasks outlined in PSP Art. 8; see also PSP Art. 9.

• Advisory Committee

The Advisory Committee is appointed by the Regional Vicar for a period of five years (see PSP Art. 9).

• Promoter of Justice

A Promoter of Justice for the Region (cf. PSP Art. 20) is appointed by the Prelate.

PART B

Regional Safeguarding Policy (RSP)

Art. 208 | Regional Safeguarding Roles

• Church Authority

The Regional Vicar for the North-West Europe region of the Prelature of Opus Dei (“the Vicar”) is the competent Church Authority (RSP Art. 8) for the purposes of the Regional and Local Safeguarding Policies (see also RSP Art. 1 §2, Art. 2).

• Safeguarding Coordinator & Deputy Coordinators

The Vicar appoints a Regional Safeguarding Coordinator for the protection of minors (“the Coordinator”) and one or more Deputy Coordinators who have responsibility for the tasks outlined in PSP Art. 8 (cf. RSP Art. 17). They also have responsibility under the Local Safeguarding Policy for the matters assigned in the NBSCCCI guidance to the Director of Safeguarding and Designated Liaison Person. See also RSP Art. 14-17.

• Advisory Committee

The standing Advisory Committee (RSP Art. 12-13) also fulfils the NBSCCCI guidance roles of the Advisory Panel and the Safeguarding Committee in the Local Safeguarding Policy.

• Promoter of Justice

A Promoter of Justice (cf. RSP Art. 35 §1) is appointed by the Prelate for the Region and another for the tribunal of the Prelature (cf. RSP Art. 52 C 2º).

PART C

Local Safeguarding Policy – Ireland (LSP-I)

C-I | Ecclesiastical

Art. 209 | NBSCCCI Safeguarding Functions

The Table below shows the proposed structure for key personnel involved in child safeguarding in the Catholic Church in Ireland. A similar structure is replicated across each Church body in Ireland. Descriptions for each role are given below, while also expanded on in each relevant standard of the NBSCCCI Guidance.

[L = Leadership | M = Management | P = Prevention]

1 Church authority L | M | P

2 Director of Safeguarding L | M | P

3 Designated liaison person (DLP) L | M | -

4 Advisory panel L | M | -

5 Support Person (Complainant) - | M | -

6 Advisor (Respondent) - | M | P

7 Safeguarding Committee L |  -  | P

8 Safeguarding Trainers -  |  -  | P

9 Local Safeguarding Council -  |  -  | P

10 Local Safeguarding Representative -  |  -  | P

11 NBSCCCI National Board L | M | P

12 National Case Management Committee L | M | P

Art. 210 | LSP-I Consolidated Safeguarding Functions

The above NBSCCCI Roles are adapted and implemented in this Local Safeguarding Policy for Ireland (LSP-I) with the following designations (in accordance with the PSP and RSP).

[L = Leadership | M = Management | P = Prevention]

1 Regional Vicar L | M | P (for whole region)

2 Safeguarding Coordinator or Deputy L | M | P (local, regional)

3 Safeguarding Coordinator or Deputy L | M | - (local DLP)

4 Advisory Committee L | M | - (for cases)

5 Support Person (Complainant) - | M | - (for cases) 

6 Advisor (Respondent) - | M | P (for cases)

7 Safeguarding Committee L |  -  | P (for policy, oversight)

8 Safeguarding Trainers -  |  -  | P (local, regional)

9 Local Safeguarding Council -  |  -  | P (for each centre)

10 Local Safeguarding Representative -  |  -  | P (liaison with Coordinator )

11 NBSCCCI National Board L | M | P (for Ireland)

12 National Case Management Committee (NCMC) L | M | P (for Ireland)

Art. 211 | Church authority (Regional Vicar)

To be responsible for all safeguarding practices by:

1° Ensuring that the appropriate child safeguarding structures and personnel are in place;

2° Liaising with the Holy See, as appropriate; 

3° Ensuring compliance with canon and civil law;

4° Upholding the seven standards in practice and behaviour.

Article 212 | Director of Safeguarding (aka Safeguarding Coordinator)

To be responsible for coordination of all safeguarding practices by:

1° Directing and implementing this Safeguarding Policy;

2° Liaising with and supporting centres of the Prelature in Ireland to ensure implementation of local policies and procedures;

3° Liaising with the Safeguarding Committee  and the Advisory Panel;

4° Ensuring that all child safeguarding personnel are kept up to date with practice, as communicated from the NBSCCCI;

5° Reporting directly to the Church authority (Regional Vicar) on all child safeguarding issues.

Note: In this Policy, the NBSCCCI role of ‘Director of Safeguarding’ may be filled by the person appointed as ‘Safeguarding Coordinator’ for the Region. See Article 18 and Article 19, and Article 26 to Article 29 inclusive.

Art. 213 | Designated Liaison Person (aka Deputy Safeguarding Coordinator)

See also Article 18 and Article 19, and Article 26 to Article 29 inclusive.

To promote safeguarding by:

1° Hearing child safeguarding concerns;

2° Passing on child safeguarding concerns to the statutory authorities;

3° Managing cases and all associated documents;

4° Liaising with the support person, advisor and the Church authority (Regional Vicar);

5° Passing on child safeguarding concerns to the NBSCCCI;

6° Conducting internal inquiries;

7° Contributing to upholding the seven standards in practice and behaviour;

8° Completing an annual report regarding compliance with Standards 2, 3 and 4 for the Church authority (Regional Vicar);

9° Monitoring respondents or, with the Church authority (Regional Vicar), appointing a suitable person to carry out this role.

Art. 214 | Advisory Panel (aka Advisory Committee)

To promote safeguarding by:

1° Advising the Church authority (Regional Vicar) on all stages of the investigative process into alleged child abuse;

2° Keeping a record of all of its recommendations to the Church authority;

3° Upholding the seven standards in practice and behaviour. 

The prescribed functions of the Advisory Committee will be fulfilled by two separate bodies in the Local Safeguarding Policy for Ireland (LSP-I): a permanent Safeguarding Committee, following the NBSCCCI Guidance, and a separate Advisory Panel, also following the NBSCCCI Guidance, which will be convoked ad casum when required. See Article 19, Article 24 and Article 25.

Art. 215 | Support Person (for complainant)

See also PSP Art. 16 and RSP Art. 60.

To promote safeguarding by:

1° Keeping the complainant informed of the process of the case;

2° Helping direct the complainant to counselling and support;

3° Recording any meetings or contact they have with the complainant, and reporting to the DLP (Coordinator) as appropriate;

4° Upholding the seven standards in practice and behaviour.

Art. 216 | Advisor (for respondent)

See also RSP Art. 37 §2.

To promote safeguarding by:

1° Keeping the respondent informed of the process of the case;

2° Helping direct the respondent to counselling and support;

3° Recording any meetings or contact they have with the respondent, and reporting to the DLP (Coordinator) as appropriate;

4° Upholding the seven standards in practice and behaviour.

Art. 217 | Safeguarding Committee (Advisory Committee)

To promote child safeguarding by:

1° Developing a three-year child safeguarding plan, including the establishment of the local child safeguarding policy and procedures;

2° Coordinating local safeguarding representatives (LSRs);

3° Coordinating activities related to child safeguarding, e.g. training;

4° Ensuring the annual audit, including the correlation of records for training-related activities;

5° Ensuring the completion of training needs assessments across the various child safeguarding roles in the Church body (the Prelature in Ireland);

6° Ensuring, with the Church authority (Regional Vicar), that the appropriate child safeguarding personnel are in place;

7° Upholding the seven standards in practice and behaviour.

The prescribed functions of the Advisory Committee will be fulfilled by two separate bodies in the Local Safeguarding Policy for Ireland (LSP-I): a permanent Safeguarding Committee, following the NBSCCCI Guidance, and a separate Advisory Panel, also following the NBSCCCI Guidance, which will be convoked ad casum when required. See Article 19, Article 24 and Article 25.

Art. 218 | Safeguarding Trainers

See also See Article 19, Article 20 and Article 177.

To promote child safeguarding by:

1° Working with the Safeguarding Committee to identify training needs;

2° Delivering full-day and information-session safeguarding training to those identified by the safeguarding committee in the Church body (the Prelature in Ireland);

3° Keeping records of all of those who have been trained;

4° Contributing to upholding the seven standards in practice and behaviour.

Art. 219 | Local Safeguarding Council (Local Safeguarding Committee)

To promote child safeguarding by:

1° Ensuring that the Prelature policies and procedures are in place and implemented in their centre of the Prelature in Ireland;

2° Conducting an audit of all activities based in their centre of the Prelature;

3° Playing a supportive role in the recruitment and selection of volunteers;

4° Ensuring that all information relating to safeguarding is posted in their centre, and is relevant and up to date;

5° Providing information to all staff and volunteers, as and when required;

6° Ensuring active communication with Prelature personnel and participants in activities;

7° Upholding the seven standards in practice and behaviour.

Art. 220 | Local safeguarding representative (LSR)

Being responsible to the Director of their centre of the Prelature in Ireland to promote child safeguarding by:

1° Raising awareness of what child safeguarding is;

2° Disseminating information regarding the (LSP) standards and guidance, and circulating this information widely;

3° Ensuring Church (Prelature) activities are provided in a way that ensures the safety and well-being of the children involved;

4° Ensuring that the contact details of the DLP (Safeguarding Coordinator or Deputy), Gardaí/PSNI and Tulsa/HSCT are widely publicised;

5° Upholding the seven standards in practice and behaviour.

Art. 221 | National Board for Safeguarding Children in the Catholic Church in Ireland (NBSCCCI)

Performs its child safeguarding role by:

1° Assisting with the development of policy, procedures and practices across the Catholic Church in Ireland;

2° Offering advice on best practice, including training, case management and implementation of national standards and guidance;

3° Monitoring the practice of child safeguarding across the Catholic Church in Ireland.

Art. 222 | National Case Management Committee (NCMC)

Integral to child safeguarding:

1° The NCMC exists as a function of NBSCCCI, and is chaired and administered by its staff;

2° The NCMC functions as an all-island group, offering advice to Church authorities on all aspects of the investigative process into alleged abuse (including the areas listed under the role of the advisory panel);

3° Membership is agreed through the signing of a data processing deed, which allows the sharing of full information with the NCMC and is fully compliant with data protection legislation in both jurisdictions.

To find out more about the current composition of the group, log on to the NBSCCCI portal.

Art. 223 | Conflict of Roles

§1 Role conflict occurs when a member of safeguarding personnel in a Church body finds that they occupy different and incompatible roles at the same time; so, for instance, a cleric who is the DLP for a Church body cannot act as an advisor for the same Church body; or an advisor to a respondent should not be asked to monitor the respondent’s Management Plan; or, in the case of a National Board staff member, they cannot provide advice and guidance to a Church authority and also act as a reviewer of safeguarding practice for the Church body over which the Church authority has responsibility.

§2 The first task for all role holders is to become fully familiar with the duties and responsibilities that are attached to any role that they occupy in the safeguarding structure (which are outlined above). Role ambiguity needs to be avoided. The Guidance documents that the NBSCCCI has produced to assist with the implementation of the Standards all contain information on the roles of safeguarding personnel in relation to each standard as the first item covered.

§3 Canon law is clear about the need to avoid role conflict; so, for instance, Canon 1447 states that:

“Any person involved in a case as judge, promoter of justice, defender of the bond, procurator, advocate, witness or expert cannot subsequently, in another instance, validly determine the same case as a judge or exercise the role of assessor in it.”

§4 And Canon 1717 §3 states that:

“The one who performs this investigation has the same powers and obligations as an auditor in a process. If, later, a judicial process is initiated, this person may not take part in it as a judge.”

§5 It can sometimes happen in a Church body, that one person may have two or more safeguarding roles. This may make sense when the workload is not particularly heavy, or where resources are limited. However, the difficulty that can arise for such a person is when their roles are in conflict, one with the other. Where roles conflict, it is essential that they are carried out by different people.

Art. 224 | Personal Conflicts

§1 Conflicts arise that may be of a more personal nature. For instance, a cleric or religious may be in a safeguarding role in the Church body, and is requested to provide a character reference for a confrere who is the respondent in a criminal child abuse prosecution. This character reference should be given by someone else.

§2 Another area of sensitivity may occur if a respondent cleric or religious is appearing in court, having been prosecuted for child abuse. When considering how to support a colleague cleric or religious in this situation, there are factors which need to be considered, including:

o Does a cleric in clerical garb represent the Church?

o Is the cleric or religious present in the court in a personal capacity?

o Is there a balanced support offered to the complainant by members of the Church?

§3 The simple rule of thumb is, if in doubt, check it out – discuss any potential role conflict with your Church authority or with the NBSCCCI before you undertake a task that you consider may be incompatible with safeguarding roles you hold.

C-II | Civil (Republic of Ireland)

Art. 225 | Data Protection & Mandated Persons

Each Church authority should appoint a Data Protection Officer (“DPO”) who will take responsibility for data protection within that organisation.

Mandated Persons  are those who, because they have ongoing contact with children in the course of their professional work and are in a key position to protect children from harm, are 'mandated' (i.e. authorised and obliged) to report indications of abuse to Tusla. They include teachers, doctors, nurses, priests, Gardaí, foster carers, some child safeguarding personnel, youth workers and people in several other professions; see complete list in Schedule 2 of the Children First Act 2015. 

A safeguarding officer, child protection officer or other person (howsoever described) who is employed for the purpose of performing the child welfare and protection function of religious, sporting, recreational, cultural, educational and other bodies and organisations offering services to children is also a mandated person.

C-III | Civil (Northern Ireland)

[No Part C-III provisions in this Section]