Section 2 – RESPONSE

PART A

Prelature Safeguarding Policy (PSP)

Reception of complaints

See Parts B and C of Section 2 for further provisions under this heading

Art.  72 (PSP Art. 17)

Without prejudice to the sacramental seal, any faithful of the Prelature or collaborator who may have information or a grounded suspicion that a minor or vulnerable person may be suffering any of the abuses addressed in this Policy, shall inform the Regional Vicar, directly or through the Safeguarding Coordinator.

Art.  73 (PSP Art. 19)

The civil authorities must be informed of an allegation of sexual abuse of a minor, in accordance with the current civil and canonical legislation, unless it is manifestly unfounded, would involve a violation of the sacramental seal or of the confidentiality of spiritual guidance, or in the other circumstances foreseen in Can. 1548 §2 CIC.

Processing of complaints

Art.  74 (PSP Art. 20)

In cases within his competence and without prejudicing any investigation underway in a civil process, the Regional Vicar shall entrust a preliminary investigation in accordance with Can. 1717 CIC with the greatest diligence, to the Promoter of Justice of his Region or to a delegate (hereinafter, “the Investigator”), or if this is not possible, he shall carry it out personally. 

Art.  75 (PSP Art. 24)

Where there is reason to believe that the offences might be repeated, the appropriate precautionary measures should be taken without delay, in accordance with the law.

PART B

Regional Safeguarding Policy (RSP)

Values to be Safeguarded

Art.  76 (RSP Art. 22)

In receiving and investigating complaints, the rights and values affected must be safeguarded by carefully applying the relevant civil and canonical regulations and guidance.

§1 As regards those who may have suffered harm:

A. They should be protected and helped so far as possible to find support and healing.

B. They should be offered spiritual and psychological assistance.

C. Any person who makes a complaint or reports a concern must be heard and treated with full respect (see RSP Art. 15). In cases of possible sexual abuse involving a crime against the dignity of the sacrament of Reconciliation (cf. SST, Article 4), complainants must be informed that their names will not be communicated to the accused or his advocate unless they have expressly given their consent (cf. SST, Article 4 §2).

§2 As regards a person accused or under investigation:

A. Any unnecessary action or procedure that might subsequently prejudice a respondent’s fundamental right to defend themselves shall be avoided (cf. RSP Art. 37).

B. Throughout the investigative and any subsequent juridical process, an accused cleric should always be assured of a just and fitting means of sustenance.

C. A cleric shall not be readmitted to the public exercise of his ministry if this would endanger minors or where there is a risk of scandal to the community (cf. RSP Art. 52).

Art.  77 (RSP Art. 5)

Upon receipt of a notitia concerning abuses possibly committed by lay persons – whether or not they are faithful of the Region – who are employees or volunteers with institutions or projects whose Christian orientation is the responsibility of the Region, but who do not work in positions or exercise functions assigned to them by the authorities of the Region in accordance with agreements between the latter and the institution or project concerned, the Vicar shall act in accordance with RSP Art. 31 and shall promptly communicate the information to the relevant entity, to be acted upon in accordance with its own safeguarding Policy.

Art.  78 (RSP Art. 6)

If a lay person of the Region is subject to an allegation of abuse, whether in the foregoing circumstances (cf. RSP Art. 5), or in the course of other professional or personal activities, the facts will be investigated to the extent necessary to allow any appropriate disciplinary or other decisions to be taken with regard to the person in question.

Art.  79 (RSP Art. 7)

On foot of a notitia of a particularly serious transgression of divine or ecclesiastical law, which is not classified as a specific delict in canon law, but when there is a grave need to prevent or repair harm, the Regional Vicar may issue a precept in accordance with Can. 1319 CIC requiring any faithful of the Region to cease the offending conduct and imposing a determined penalty which they will incur – even latae sententiae when necessary – if they do not obey. If he considers that a preventive measure of this nature would be ineffective or belated, he can undertake a preliminary investigation in accordance with this Policy (cf. RSP Title V), and, as may be appropriate in the case, a subsequent penal process or procedure leading to the punishment of a verified transgression with a just penalty in accordance with Can. 1399 CIC.

Competent Church Authority

Art.  80 (RSP Art. 8)

The Church authority responsible for the canonical investigations provided for in this Policy is the Regional Vicar (hereinafter, “the Vicar”) in his capacity as Ordinary of this Region of the Prelature (cf. Statuta, No. 151 §1).

Art.  81 (RSP Art. 9)

Although other persons may assist in the canonical investigation, in accordance with this Policy, and give their opinion, they cannot substitute the canonical evaluation by the Vicar (votum) of the results of the preliminary investigation.

Art.  82 (RSP Art. 10)

In accordance with VELM Art. 2 §3, the Ordinary of the Region who receives a notitia of the possible commission by a cleric of the Prelature of a crime encompassed by this Policy, shall transmit the notitia without delay to the Ordinary of the place where the events are said to have occurred and will agree with him on how to proceed in the case.

Art.  83 (RSP Art. 11)

Crimes of sexual abuse committed by clerics are reserved to the Dicastery for the Doctrine of the Faith (cf. SST, Art. 6). Therefore, once a preliminary investigation has been carried out, the proceedings must be referred to the DDF even if it has been decided to suspend or dismiss the complaint.

Reception of Complaints

See Parts A and C of Section 2 for further provisions under this heading

Art.  84 (RSP Art. 23)

Any faithful of the Region who has knowledge of a ‘delict’ (cf. RSP Art. 4 and VELM Art. 1) committed by another faithful of the Region, or who has reasonable cause to suspect the existence of such conduct, must promptly inform the Coordinator – or one of the Ordinaries indicated in VELM Art. 3 §1 – with as many particulars as possible. This obligation is without prejudice to the seal of the sacrament of Reconciliation, the applicable civil reporting obligations (cf. VELM Art. 20[19]), or the matters covered by Can. 1548 §2 CIC (cf. VELM Art. 3 §1).

Art.  85 (cf. RSP Appendix IV)

See Appendix VI - Reporting Templates for guidance and templates for making a Safeguarding Report. It is not necessary to have all the information requested before submitting the report. The Report should be submitted as soon as possible to the Safeguarding Coordinator. In urgent cases it may also be appropriate to contact the relevant civil authorities directly (see Contact Details).

Art.  86 (RSP Art. 24)

The Coordinator shall promptly interview persons who wish to make a complaint or report – if possible, within twenty-four hours of hearing from them – and shall assure them that he or she will transmit the content of the interview to the Vicar as soon as possible.

Art.  87 (RSP Art. 25)

The Coordinator will also interview the parents or representatives of the person offended, if they are not the ones who have made the complaint or report in question (cf. RSP Art. 24).

Art.  88 (RSP Art. 26)

If the complainant (cf. RSP Art. 24) is not the alleged victim, the Coordinator may also interview the victim. He or she should first discern the appropriateness of such an interview and obtain the consent of the minor’s parents or guardians. They or persons mandated by them shall be present in the interview. These precautions are not needed when, because of the time elapsed since the alleged abuse, the victim is no longer a minor.

Art.  89 (RSP Art. 27)

The Coordinator will ask people who make complaints or raise concerns to send a written report. He or she will make the same request to the parents or guardians of the alleged victim – unless the latter is no longer a minor – and will provide them with a copy of the appropriate template in Appendix VI - Reporting Templates  as an aid to writing the report. If, having regard to the age or level of education of the person making the allegation, he or she foresees that it would not be easy for that person to do so, the Coordinator may undertake to write it. He or she will then read it to the person concerned to see that it accurately records what they have said and ask them to sign it. The Coordinator will also sign it.

Art.  90 (RSP Art. 28)

The Coordinator shall carefully maintain a register or log of all conversations with alleged victims, their parents or guardians and any other persons making reports or providing information, as well as of the written records of those conversations.

In doing so, and in general when dealing with the data of persons involved in any kind of notitia, the Coordinator shall maintain the appropriate reserve and comply with the data protection legislation in force (cf. Can. 471, 2° CIC; VELM Art. 2 §2). Once his function has been fulfilled in the case, the Coordinator will deal with this register in accordance with the provisions of RSP Art. 20.

Art.  91 (RSP Art. 29)

If anonymous complaints or reports are received, the Coordinator shall inform the Vicar, so that the latter, by means of a reasoned decree, may decide whether or not to take them into consideration.

Art.  92 (RSP Art. 30)

Upon receiving complaints or other plausible notitiae (cf. RSP Art. 4) of recent abuse or misconduct by faithful of the Region, the Coordinator, in agreement with the Vicar, shall promptly initiate contact with the parents or guardians of the person who may have been harmed and will coordinate the immediate pastoral care of the victim and his or her family. In agreement with the Vicar, the Coordinator will also advise them about the possibility of receiving psychological assistance.

Art.  93 (RSP Art. 31)

§1 In conformity with the applicable civil and canon law (cf. RSP Art. 23), every plausible allegation or other report of the possible sexual abuse of a minor should be reported to the civil authorities as soon as possible, unless it be considered manifestly unfounded in accordance with RSP Art. 34.

A. Consequently, upon receiving a notitia of conduct that is considered a possible offence under civil law:

1° Where the laws of the State or the indications of the episcopal conference so require, the Coordinator shall always ensure that the civil authorities are informed about the allegation or information received and will cooperate with them to safeguard the victim and any other persons who may be affected.

2° The Coordinator should inform the alleged victim or his or her representatives of the legal context and encourage them to report the facts to the civil authorities.

3° If the notitia is not a formal complaint, but a concern or suspicion raised by a third party, he or she will also be advised to bring it to the attention of the civil authorities. However, efforts should be made to interview the alleged victim or his or her representatives as soon as possible and to suggest that they act in accordance with sub-paragraph 2° above.

4° If the facts occurred some years in the past and the alleged victim has attained the age of majority when the facts are known, the decision to report the matter to the civil authorities should preferably be made by or on behalf of the victim.

5° If the victim, his or her representatives and any other qualified informants all refuse to bring a complaint or otherwise to inform the civil authorities, then taking into account the plausibility of the report, the rights of the parties affected and all the circumstances of the case – and even in cases in which there is no explicit legal obligation to do so – the Coordinator should make a report to the competent civil authorities if he or she considers it necessary to protect the victim or other minors or vulnerable persons from the danger of further criminal acts (cf. Vademecum, Article 17).

B. The civil authorities shall always be given whatever cooperation by the Region they might reasonably require, and which may legitimately be offered to them, in the interest of safeguarding the victim and other minors.

§2 Independently of the outcome of any police investigation or, where applicable, the judgement in any civil judicial process, the Region – as a jurisdiction within the Church – has the responsibility in an appropriate case to open a preliminary investigation in accordance with Can. 1717 CIC.

A. If, on receiving a notitia (cf. RSP Art. 23), the Vicar becomes aware that the competent civil authorities are conducting an investigation or prosecution on the same or related facts, he should postpone the opening of the preliminary investigation where the relevant civil norms so require (cf. Vademecum, Article 26).

B. The canonical process must be conducted autonomously and reach its own conclusions in accordance with the applicable canon law, regardless of what may be decided in any civil proceedings.

C. Care must be taken to act always with justice, compassion and charity, and an effort should be made to prevent or remedy scandal and to avoid endangering unnecessarily anyone’s good name (cf. Can. 1717 §2 CIC).

Opening a Preliminary Investigation

Art.  94 (cf. RSP Art. 32)

When the Coordinator receives a report or information covered by this Policy, he or she will immediately inform the Vicar and provide him with the written report or reports of any interviews he or she has had with the complainant or informant and the alleged victim or the alleged victim’s parents or guardians. The Coordinator may make such recommendations as he or she deems appropriate on the basis of the impressions gained from these preliminary conversations (see RSP Art. 19).

Art.  95 (cf. RSP Art. 33)

If the complaint or information refers to persons mentioned in RSP Art. 3 §1, the Vicar shall inform the Ordinary of the place where the events are said to have occurred, as well as the Ordinary or the Superior of the subject to whom the complaint or information refers (cf. VELM Art. 3 §1).

Art.  96 (RSP Art. 18)

The Coordinator will have the responsibility to facilitate meetings of affected persons with the Vicar – or in the context of a preliminary investigation, with the Investigator – in any case in which this seems appropriate, to discuss whatever pastoral or medical care the person concerned might need.

Art.  97 (RSP Art. 19)

When he sends an account of a notitia to the Vicar, the Coordinator shall include a brief report in which, in addition to his views on any aspects of the matter on which he may consider it appropriate to comment, he shall propose possible measures of accompaniment or pastoral and psychological help to the informant or complainant and other persons affected.

Art.  98 (RSP Art. 20)

The Coordinator shall not retain the documents of a notitia, once his civil reporting and other responsibilities have been discharged and his function of gathering and forwarding them to the Vicar has been fulfilled. Without prejudice to his duty to follow the appropriate procedures, the Vicar is to archive and safeguard such documents as stipulated by the canonical norms (cf. Can. 489 to Can. 490 CIC).

Art.  99 (cf. RSP Art. 34)

If the Vicar has doubts about the plausibility of the notitia received, from the point of view of a canonical process, he will pass the information to the Advisory Committee and request their opinion as to whether a preliminary investigation should be opened. Having heard the opinion of the Advisory Committee, the Vicar will make a decision.

§1 In doing so, the Vicar is to take into account that a preliminary investigation is to be opened whenever – through whatever channel, even if it is not strictly speaking a complaint – he receives a notitia that is not implausible and when a preliminary investigation is not superfluous, as might be the case if the accused confirms that the notitia is substantially correct and admits his responsibility (cf. Can. 1717 CIC). Even in this latter case, however, it may be appropriate to order an investigation to clarify the scope and circumstances of the facts. 

A. A determination that the notitia lacks the semblance of truth will be made only in the case of a manifest impossibility of the commission of a delict according to the norms of canon law (cf. Vademecum, no. 18) – for example, if at the time of the delict of which he is accused, the person was not yet a cleric, or if the presumed victim was not a minor, or if it is clear that the person accused could not have been present at the place of the delict when the alleged actions took place.

B. A decision not to proceed with a canonical investigation does not preclude communicating the notitia to the civil authorities, because different criteria may be relevant in a civil context.

§2 If the Vicar decides not to open a preliminary investigation because he believes there are clear reasons that make the notitia canonically implausible, he must formalise that decision in a reasoned decree (cf. Can. 51 CIC) which specifies the grounds for the implausibility. This decree will be kept in the secret archives. If the notitia was reported by known persons, the decision must be communicated to them – before filing the decree – in the manner provided for in Can. 55 CIC, while indicating that a recourse may be lodged with the Prelate against the decree in accordance with Can. 1732 to Can. 1739 CIC incl.

§3 When the notitia comprises a formal complaint, it should always be investigated – even if there are doubts as to its plausibility or its veracity – so that the facts can be adequately clarified in the manner provided for by law. A decision not to investigate in such cases can only be taken if it is manifest that the complaint is false. The Vicar will also bear in mind the provisions of Can. 1390 CIC, if it is relevant to the case.

§4 Where the accused is a cleric, the Dicastery for the Doctrine of the Faith should be informed – even when it has been decided that the notitia lack plausibility (cf. Vademecum, 19) – for which purpose the Vicar shall send a copy of the corresponding decree to the Curia of the Prelature as soon as possible.

Art.  100 (cf. RSP Art. 35)

If the Regional Vicar decides to open an investigation, he will issue a reasoned decree to that effect in accordance with Can. 1717 CIC, in which the following points are specified: 

1° He shall entrust the preliminary investigation with due diligence to the Promoter of Justice of his region, or to a delegate (“the Investigator”), to carry it out under his authority and to keep him constantly informed of the progress of that commission. If this is not possible, he will carry out the investigation personally (cf. PSP Art. 20).

2° The authority of the Investigator and, in general, whoever advises the Vicar in each case, is limited to the auxiliary and consultative functions conferred on them by law (cf. Can. 1717 §1 and Can. 1717 §3; Can. 1428; Can. 1718 §3 CIC). The decisions which the law requires to be taken in the course of and at the end of the investigation are not collegial but are the exclusive responsibility of the Vicar.

3° In the decree to open an investigation, a notary is to be appointed.

4° This decree shall also specify the provisional measures which the Vicar considers prudent to take while the investigation is being carried out, especially – but not only – if there is a risk of recurrence or of scandal. Such measures are within the scope of the ordinary powers of the office of the Vicar, even though they require a just or serious cause: for example, the removal of the accused from assignments involving dealings with minors, a temporary substitution, or other measures applicable to the person under investigation, which do not in themselves imply a prejudice to, or put in danger, his or her reputation (cf. Can. 1717 §2 CIC).

5° The Vicar may ask the Advisory Committee for its opinion about the advisability of adopting such measures to limit ad cautelam the exercise of the ministry of a priest who is to be investigated. The Committee may also make such recommendations to the Regional Vicar on its own initiative.

6° In cases reserved to the Dicastery for the Doctrine of the Faith, the Vicar is to inform the Ordinary of the place where the events occurred (cf. VELM Art. 3 §1; RSP Art. 10) that a preliminary investigation has been opened.

7° The preliminary investigation should be carried out with respect for the civil laws of each state (cf. VELM Art. 20 [19]; Vademecum, Article 27).

Art.  101 (cf. RSP Art. 36)

Taking into account the characteristics of the case (the number and circumstances of the persons to be interviewed, the nature of the facts alleged, etc.), the Vicar may deem it fitting in the decree opening the investigation to appoint two researchers, in addition to the Investigator (cf. RSP Art. 35 §2). They may be chosen from among professionals with the necessary skills for a task of this nature; for instance, a lawyer and a psychologist or social worker.

Art.  102. (cf. RSP Art. 37)

Once the decree has been issued, except in the case mentioned in §1 below, the Vicar shall normally inform the respondent within 48 hours of the opening of the investigation and shall give him or her a copy of the decree.

§1 Since he is not yet formally accused of a crime and where there are proportionally serious reasons for doing so, a reasoned decision not to inform the respondent may legitimately be made. Any such decision must be recorded in the decree. The Vicar may prudently decide on this basis to what extent the respondent is to be informed about the ongoing preliminary investigation, its details and its progress.

§2 Upon being so informed, the respondent shall be advised that, if he or she so wishes, a trusted lawyer or adviser may be present at any part of the proceedings in which the respondent is involved.

Art.  103 (cf. RSP Art. 38)

The Regional Vicar will remind the respondent of the principle that a person is innocent until his or her guilt has been proven and will also explain to him or her the nature of the preliminary investigation prior to any possible criminal prosecution or procedure. He will instruct the respondent not to have any communication at all with the complainant, with the alleged victim or with his or her family.

Art.  104 (cf. RSP Art. 39)

The purpose of the preliminary investigation is to establish the facts and the relevant circumstances of the case: details of the conduct complained of, and as precise personal, chronological, locational etc. data as can be obtained, as also the imputability of the conduct to the respondent (cf. Can. 1717 CIC; RSP Appendix I, C).

PART C

Local Safeguarding Policy – Ireland

C-I | Ecclesiastical

Reception of Complaints

Art.  105 | Reporting Allegations of Abuse

§1 The Catholic Church is committed to timely reporting of all allegations, responding with support and care to complainants of abuse and their families, and ensuring appropriate accompaniment for respondents.

§2 Confidential Reporting options (local and regional, online and by other means) and safeguarding contact details for each functional area are provided on this website.

§3 NBSCCCI Standard R (see Art. 13) sets out the principles which apply whenever a cause for safeguarding concern is made known or reported to personnel of a Church body.

 ► Indicator R1.A | Page R-5 | Guidance on Reporting Suspicions, Concerns, Knowledge or Allegations of Abuse

Art.  106 | Referral to statutory authorities and other bodies

§1 All safeguarding suspicions, concerns, knowledge or allegations (cf. notitia) received outside the context of the sacrament of confession, that meet the threshold for reporting to the statutory authorities, will be duly referred.

§2 For guidance relating to the Sacrament of Reconciliation and spiritual guidance, see Art. 115 and Art. 127.

§3 In addition to reporting to the statutory authorities:

a) if the allegation relates to a Church authority, the NBSCCCI must also be informed,

b) if the allegation relates to a cleric or religious, the NBSCCCI and the Church authority must also be informed,

c) the Church authority will inform the DDF if the allegation relates to sexual abuse and the respondent is a cleric who is not deceased,

d) If the allegation relates to a lay member of Church personnel, the Church authority must be informed.

 ► Indicator R1.A | Page R-11  | Template 2 : | Template Letter to DDF for Referring Sexual Abuse Allegations Against Clerics who are Alive 

§4 The Church authority shares information received about child protection allegations with those who need to know in order to keep children safe.

Art.  107 | Reception of Complaints (Ireland)

This Local Safeguarding Policy for Ireland (LSP) incorporates the general provisions (see Parts A & B of this Section) of the global Prelature Safeguarding Policy (PSP) and the Regional Safeguarding Policy (RSP) on the reception of complaints – see PSP Title IV, and RSP Title IV. 

Art.  108 | Making a Safeguarding Report

§1 The various reporting steps to be taken on receipt of an allegation, suspicion or concern, will depend on the status of the complainant and of the respondent. 

 ► Indicator R1.A | Page R-5 | Guidance on Reporting Suspicions, Concerns, Knowledge or Allegations of Abuse

§2 These steps are set out in Appendix VI, which also includes Reporting Templates for Ireland (Model A) and for international cases (Model B), based on NBSCCCI guidance and Appendix IV of the RSP respectively. 

 ► Indicator R1.A | Page R-10 | Template 1: Child Protection Referral Form

Art.  109 | Recording an Allegation

§1 See Appendix B for current NBSCCCI Guidance on Recording and Storage of Information.

§2 Whenever possible and practical, take notes during the conversation. Always ask permission to do this and explain the importance of recording all information. Where it is not appropriate to take notes at the time, make a written record as soon as possible afterwards or before the end of the day. Record the time, date, location, persons present and how the allegation was received, e.g., by telephone, face-to-face conversation, letter, etc. This initial recorded information will be transferred to the appropriate forms and will become the first entry in a file of information about the case that will be retained by the relevant DLP. Please always sign and date the record. 

§2 The record would also normally include: 

1° Accurate identifying information of the complainant, as far as it is known. This should include the name, address and age of the complainant when the alleged abuse occurred; 

2° Where the person who has raised a concern/allegation is a child, details of parents/guardians should also be given; 

3° Name of the individual against whom the concern/allegation is being raised, and any other identifying information; 

4° Dates when the concern arose, or when the incident occurred; 

5° The person’s own words they used to describe the event or incident. Do not make assumptions about the intended meaning of the words used; 

6° Details of any action already taken about the incident/concern/allegation; 

7° Do not be selective. Include details that to you may seem irrelevant. This may prove invaluable at a later stage in an investigation. All original records, including rough notes, should be passed immediately to the relevant DLP. Any copies of retained records should be kept secure and confidential.

§3 In cases of emergency (and/or outside normal business hours), where a child appears to be at immediate and serious risk, an urgent report must be made to Tusla/HSCT, as well as to the DLP of the respondent’s Church body. Where the appropriate Tusla/HSCT staff are not available, An Garda Síochána/PSNI must be contacted to ensure that under no circumstances a child is left in a dangerous situation pending Tusla/Health and Social Services intervention. 

§4 In all cases, consideration should also be given as to whether an immediate referral is necessary in order to preserve and safeguard against the possibility of any loss, deterioration or destruction of forensic or other potential evidence.

§5 Explain to the person raising the concern what will happen next. You should inform the person making the suspicion, concern or allegation that their identity and the identity of the respondent and complainant will be shared with the statutory authorities. The incident/concern should not be shared with anyone other than those who need to know, apart from the statutory authorities and appropriate Church authorities detailed in these procedures. 

§6 Written confirmation should be given to the person making the referral to the DLP of the respondent’s Church body that the information has been passed on to the statutory authorities. If this has not happened, an explanation should be recorded (this will not be possible when dealing with anonymous allegations).

§7 The appropriateness of the response given to a complainant is vital to ensure that they feel heard and taken seriously. 

 ► Indicator R1.A | Page R-5 | Guidance on Reporting Suspicions, Concerns, Knowledge or Allegations of Abuse

Art.  110 | Responding to an Adult Making an Allegation of Abuse

Irrespective of how the information is received (written or in person) the complainant must be advised of your reporting obligations.

 ► Indicator R1.B | Page R-13 | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

Art.  111 | Responding to a Child Making an Allegation of Abuse

§1 The Church aims to create and maintain a safe environment for children and young people. This includes being open and willing to listen to and respond appropriately to allegations of abuse that come directly from children. 

§2 However, Church personnel should not intentionally instigate a meeting with a child in order to receive a disclosure or take a statement from them – that is the role of Tulsa/HSCT. 

§3 In the event that a child tells you directly about abuse happening to them, follow the Guidance in NBSCCCI Indicator R1.B. Explain to the child what you are going to do, i.e. pass the information on to the statutory authorities, explain to them about the limits of confidentiality, etc.

 ► Indicator R1.B | Page R-12 | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

§4 It is good practice in this situation to have another adult with you. If this is not possible, see Art. 47. It is good practice to inform the child’s parents/guardians that a report is being made however, the legislation does not require you to. But you or the DLP should consult with Tusla/HSCT regarding the appropriateness of informing the child’s parents/guardians and who should do this.

Art.  112 | Responding to an Anonymous Allegation of Abuse Against Church Personnel

§1 Anonymous allegations are to be carefully considered. They are frustrating, but they cannot be disregarded. Anonymity can take different forms:

§2 The complainant (if known) should be informed that anonymity might significantly restrict the ability of professionals to access information or to intervene to protect a child, and they need to be encouraged to be as open as possible. The complainant can be given time and encouragement to reconsider their stance on maintaining anonymity.

§3 If an anonymous complaint is received, the Coordinator shall inform the Vicar (see Art. 91) and follow the Guidance in NBSCCCI Indicator R1.B.

 ► Indicator R1.B | Page R-13  | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations

Art.  113 | Responding to Someone (Lay or Religious) who Admits to Abusing a Child

§1 It is necessary to tell a person who admits an offence against a child or young person (outside the Sacrament of Reconciliation) that such information cannot be kept confidential. 

§2 The matter must be reported in accordance with the procedures outlined in Art. 84 and Art. 108 above.

 ► Indicator R1.B | Page R-14  | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

Art.  114 | Responding to Someone who Makes an Allegation that does not Relate to Church Personnel

The paramount consideration is that children must never be put at further risk of harm by delay or inaction. If an allegation is raised in this way, you must refer the matter to Tusla/HSCT, and An Garda Síochána/PSNI. You can consult with the DLP anonymously regarding the allegation and for advice on what procedure to follow.

 ► Indicator R1.B | Page R-16  | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

Art.  115 | Child Safeguarding and the Sacrament of Reconciliation

§1 In the case of a child or young person who makes known in Confession that they have suffered abuse, the priest should encourage him or her to disclose the abuse to an adult they trust (e.g. a relative, teacher, friend), who will know what to do with this information.

§2 In the case of an adult who discloses in Confession that they have been abused as a child or that they themselves have been involved in abuse, the priest may offer to meet the penitent outside of the sacrament to discuss the matter and the options available to report, and to assist. 

§3 The priest should explain that if the penitent wishes to share the disclosure outside the Confession with him, that he (the priest) is mandated under law to pass on the disclosure to Police and Social Services. The priest should not question the penitent, as this could be seen as compromising any inquiry by the statutory authorities.

§4 See Art. 48 on the proper place for hearing confession and giving personal spiritual guidance to minors.

 ► Indicator R1.B | Page R-16  | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

Management of Complaints

Art.  116 | Responding to a Complainant who is Dissatisfied with how their Allegation has been Handled by the Church Authority

 ► Indicator R4.C | Page R-56 | Guidance on Responding to a Complainant who is Dissatisfied with how their Allegation has been Handled by the Church Authority 

Art.  117 | Managing Child Protection Concerns about Bishops or their Equivalents

Church leaders are subject to the same civil processes in matters of sexual abuse and to special canonical sanctions in the case of offences against the Sixth commandment. See also Art. 126 regarding procedural misconduct in such cases.

 ► Indicator L3.A | Page L-31 | Guidance on Managing Child Protection Allegations, Suspicions, Concerns or Knowledge about Bishops or their Equivalents 

Art.  118 | Cross-Referencing Safeguarding Policies 

§1 If a member of Church personnel works for another external organisation, they are bound by the policies and procedures of that organisation, which include safeguarding and notification of allegations. Therefore, if a suspicion, concern or allegation is raised with that member while in the employment of that organisation, they must report it using the safeguarding procedures of the organisation.

§2 Guidance on the procedure to follow in the various cross-body situations that may arise is given in NBSCCCI Indicator S6.E, in Art. 8 §2 and in Art. 9.

 ► Indicator S6.E | Page S-84 | Guidance on Cross-Referencing Safeguarding Policies 

Art.  119 | Responding to Allegations of Child Abuse Against Lay Church Personnel

§1 All allegations of child abuse against a lay member of Church personnel which have been brought to the attention of any member of the particular Church body must be referred to the DLP of the respondent’s Church body. See also Art. 148 to 155 inclusive in the case of a lay person of the Prelature.

§4 This Guidance does not relate to safeguarding concerns which are not allegations of abuse (for advice on this see Art. 54).

 ► Indicator R1.B | Page R-12 | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

Art.  120 | Mandated Persons (only applies in the Republic of Ireland)

Mandated persons (as defined in s. 2 and Schedule 2 of the Children First Act 2015) are people who have contact with children and/or families and who, because of their qualifications, training and/or employment role, are in a key position to help protect children from harm.

The Safeguarding Coordinator and Deputy Coordinator are mandated persons when employed in that role, but under NBSCCCI standards are also considered to be mandated if they are volunteers. Volunteers in general are not mandated persons under the Children First Act 2015. 

 ► Indicator L2.F | Page L-30 | Guidance on Mandated Persons (only applies in the Republic of Ireland) 

Art.  121 | Responding to Allegations Against a Deceased Member of Church Personnel

 ► Indicator R1.D | Page R-24 | Guidance on Reporting Allegations Against Deceased Clerics and Religious 

Art.  122 | Managing Child Protection Allegations, Suspicions, Concerns, Knowledge, Acts or Omissions of Church Authorities.

 ► Indicator L3.C | Page L-47 | Guidance on Managing Child Protection Allegations, Suspicions, Concerns, Knowledge, Acts or Omissions of Church Authorities or those who hold or have held leadership within Institutes of Consecrated Life and Societies of Apostolic Life (both Men and Women) 

Art.  123 | Managing Allegations that a Cleric or Religious has Abused a Child Through Child Pornography

The Guidance concerns the crimes of the production, exhibition, possession or distribution, including by electronic means, of child pornography, as well as by the recruitment of or inducement of a minor or a vulnerable person to participate in pornographic exhibitions.

 ► Indicator R1.B | Page R-15 | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

See also NBSCCCI Appendix C. For further information regarding other risks to children online see NBSCCCI GAP Paper 1.

Art.  124 | Guidance on Protection for Persons Submitting a Report 

 ► Indicator R1.C | Page R-23 | Guidance on Protection for Persons Submitting a Report

Art.  125 | Responding to an Allegation Against a Cleric who is Ministering in Another Church body in Another Jurisdiction

§1 The Guidance in NBSCCCI Guidance below concerns allegations against clerics under the canonical jurisdiction of a Church body based in Ireland but who is ministering in another civil jurisdiction. 

§2 In the case of a cleric who is an Irish citizen or has Irish residence, however, it may be relevant that a law criminalizing serious offences committed abroad by Irish citizens or residents came into effect at the end of April 2019. Irish citizens who commit serious offences abroad such as rape, murder, sexual assault and manslaughter, will be liable to be prosecuted under Irish law.

 ► Indicator R1.B | Page R-21 | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

Art.  126 | Conduct Consisting of Actions or Omissions by Bishops and their Equivalents Intended to Interfere with or Avoid a Criminal or Canonical Investigation against a Cleric Regarding the Delicts Against the Sixth Commandment

§1 This procedure is distinct from the process for the resolution of the dissatisfaction of a complainant in regard to the processing of his or her complaint, see Art. 116.

§2 If a specified Church authority were to act in a way which intended to interfere with or avoid a civil or canonical investigation or if an allegation relates to an act or omission in relation to such investigations, this may constitute a civil and/or a canonical crime (cf. VELM Art. 1.b) and must be investigated.

 ► Indicator L3.B | Page L-40  | Guidance on Conduct Consisting of Actions or Omissions by Bishops and their Equivalents Intended to Interfere with or Avoid a Criminal or Canonical Investigation against a Cleric or a Religious Regarding the Delicts Against the Sixth Commandment 

Art.  127 | Disclosures in the Internal Forum

The internal challenges, sins and struggles a person discloses in confession, as well as the details of one’s personal spiritual life, are considered matters of the internal forum. If someone wishes to confess a sin, the confessional is the appropriate place to receive penance. Other spaces where the internal forum is shared, in spiritual direction, growth counselling or other mechanisms, need to have clarity around the limits of confidentiality. This is especially important in relation to disclosures of child abuse. 

 ► Indicator R1.B | Page R-18  | Guidance on Responding to Allegations, Suspicions, Concerns of Knowledge of Child Abuse in Specific Situations 

Art.  128 | Liaison with Statutory Authorities 

§1 Best practice in safeguarding children requires a multiagency approach that allows for exchange of information proportionate to the risk, and in line with relevant legislation. The statutory authorities are Tusla and An Garda Síochána in the Republic of Ireland, and the PSNI and the HSCT in Northern Ireland.

§2 On an case-by-case basis, the Church authority must liaise with the statutory authority agencies to notify them of allegations, and to consider with them the appropriate actions to take in terms of notifying the respondent and of managing risk. 

§3 Prior to informing the respondent that an allegation has been made (see Art. 102, Art. 103, and Art. 228), there should be a discussion with the relevant police force (An Garda Síochána/PSNI), whose advice on informing the respondent should be sought. The purpose is to ensure that the Church authority does not prejudice any criminal investigation (see Art. 159).

§4 Any contacts and / or meetings with statutory authority agencies should be recorded in writing and a copy kept securely in the respondent’s case file.

§5 Prior to proceeding with a preliminary investigation in the case of clergy (see Art. 93 to Art. 104) written confirmation should be received from the statutory authorities, stating that their investigations have concluded. (For clergy see also Art. 165).

 ► Indicator R8.C | Page R-75 | Guidance on Regular Liaison with Statutory Authorities 

 ► Indicator R8.A | Page R-66  | Guidance on Informing the Respondent (Cleric and Religious) that an Allegation has been Received and Consideration of an Interim Management Plan 

 ► Indicator R9.A | Page R-81 | Guidance on the Process for Clerics Following the Conclusion of Any Investigation by the Statutory Authorities

Art.  129 | Case Management Records

Case management records concern a member of Church personnel against whom a suspicion, concern or allegation has been reported, and therefore should be catalogued as such. They should provide a complete account of involvement in order to provide evidence of all allegations and actions taken to safeguard children, to assess and manage risk and to monitor practice. All recorded information should be typed, accurate, factual and concise. It is important to distinguish statements of opinion, assessment or judgement, from records of facts. 

 ► Indicator R3.A | Page R-27 | Guidance on Case Management Records

Art.  130 | Case Management Templates 

 ► Indicator R3.A | Page R-29 | Template 1: File Index

 ► Indicator R3.A | Page R-30 | Template 2: Case Summary Information Sheet

 ► Indicator R3.A | Page R-31 | Template 3: Case Record Narrative

 ► Indicator R3.A | Page R-32 | Template 4: Chronology of when Allegations were Made, and Responses

Art.  131 | Complainants' Access to Records Held by a Church Body

Church authorities must inform a complainant of the Church body’s procedures in relation to how the Church body protects personal information; processes the information in a fair way which ensures that the complainant is listened to and that is reported to the statutory authorities; and how the complainant’s information is processed upon conclusion of a statutory investigation during any subsequent canonical inquiry. 

 ► Indicator R5.A | Page R-60 | Guidance for Complainants on Access to Records Held by a Church Body 

Art.  132 | Respondents' Access to Records Held by a Church Body

 ► Indicator R8.E | Page R-80 | Guidance for Respondents on Access to Records Held by a Church Body 

Art.  133 | Information Sharing 

§1 The effective protection of a child often depends on the willingness of people to share and exchange relevant information appropriately.

§2 The provision of information to the statutory authorities for the protection of a child is not a breach of confidentiality or data protection, and failure to share this information with the statutory authorities is an offence in law.

§3 Civil law is clear that no undertakings regarding confidentiality can ever be given when allegations of child abuse are made. Canon law, however, makes an exception in the context of the Sacrament of Reconciliation (see Art. 115).

§4 Information sharing with third parties outside statutory bodies is governed the Data Protection Acts (see Appendix 3 - Data Protection).

 ► Indicator R3.B | Page R-33 | Guidance on Information Sharing 

C-II | Civil (Republic of Ireland)

Art.  134 | Mandatory Civil Reporting (RoI)

§1 The legislative basis for Mandatory Civil Reporting and procedures in respect of the statutory authorities in RoI (Tusla & An Garda Síochána) and the mode and timing of the Coordinator’s interaction with them are integrated into the Section 2 Guidance set out above, Articles 105 to 133 inclusive.

§2 The GDPR and Irish Data Protection requirements for sharing of information – in the context of managing safeguarding concerns – are explained in Art. 259 below.

C-III | Civil (Northern Ireland)

Art.  135 | Mandatory Civil Reporting (NI)

§1 Section 5(1) of the Criminal Law Act (Northern Ireland) 1967 provides for a criminal offence of failing to disclose a relevant offence to the police, which technically includes serious offences against children. Compare the RoI offence of withholding information under Section 2 of the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012.

§2 The safeguarding guidance and procedures in respect of the statutory authorities in NI (HSCT & PSNI) and the mode and timing of the Coordinator’s interaction with them are integrated into the Section 2 Guidance set out above, in Article 105 to Article 133 inclusive.

§3 The UK GDPR and common law data protection requirements for sharing of information in NI – in the context of managing safeguarding concerns – are set out in Art. 260 - 261.