The Church Of Ireland
News Briefing

THE REPRESENTATIVE CHURCH BODY

The RCB has issued the following information statement with regard to Safeguarding Trust, the Code of Good Practice published by the Standing Committee of the General Synod last year:

Safeguarding Trust/Parish Insurances

Introduction

The main principle of the 'Safeguarding Trust' code of good practice approved by the Standing Committee of the General Synod last year is that the Church of Ireland, as an organisation for which ministry to children is an integral part, should offer as much protection as is practicable to children engaged in Church activities, or activities associated with it, from physical, sexual and emotional abuse. 'Safeguarding Trust' offers procedures and guidelines to be followed in order to meet this principle, to respond to reports and/or allegations of abuse, and to encourage safe and appropriate practices for those who work with children.

Implementation and oversight of the code of practice is under the jurisdiction and direction of the General Synod Board of Education and its Northern Ireland and Republic of Ireland committees.

Role of the Representative Church Body (RCB)

The RCB is committed to providing financial support to the Boards of Education in both jurisdictions to enable and maintain an ongoing training programme.

In addition, as the main trustee of Church of Ireland assets, the RCB is concerned.

• that every parish should be aware of the possible risks of litigation involved in the Church's ministry to children

• that all parishes should have adequate insurance protection in place in the event of a claim being taken in the civil courts for compensation or in the event of a prosecution taking place in the criminal courts

Arising out of these needs, and to encourage and protect those who work with children from the consequences of unfounded allegations, the RCB has (a) agreed certain extensions to the public liability indemnities contained in the standard parish combined policy of the Ecclesiastical Insurance Office (EIO) and (b) negotiated terms with DAS Legal Expenses Insurance Company Limited to provide legal defence insurance for insured persons who may be involved in a criminal investigation or trial relating to or connected with parish activities.

Public Liability Insurance (PL)

The EIO standard parish combined policy will now extend the definition of the ' insured' to include 'any person who in a paid or voluntary capacity participates in the Church's ministry to children'. This all-embracing definition will help to re-assure and indemnify members of parish groups and select vestries for claims taken in the civil courts for damages/compensation in the context of an allegation of child abuse. However, this additional PL protection will not extend to any individual against whom a specific allegation of child abuse is made.

In addition to the extension of the PL indemnity as described, the EIO will include a number of other extensions at next renewal e.g. pastoral care indemnity cover for 'errors and omissions' arising from pastoral care services provided by clergy, employees and volunteers in the course of Church activities. These extensions will be provided at no additional cost.

Parishes insured with insurers other than the EIO are advised to seek a similar extension to their public liability policies to protect themselves against the possibility of civil claims for damages arising out of allegations of abuse or misconduct involving children, ie to extend the definition of the parties indemnified to include 'any person who in a paid or voluntary capacity participates in the Church's ministry to children.'

Legal Defence Insurance

Terms have also been agreed with DAS Legal Expenses insurance Company Limited (DAS) to provide cover in relation to legal costs and expenses incurred in defending an insured person's legal rights if an allegation or event leads to prosecution in a criminal court of law. The DAS policy will cover an individual against whom a specific allegation or criminal charge has been made, including costs incurred prior to the issue of proceedings and during a trial. The limit of liability in respect of legal costs will be £50,000 in respect of each and every claim. The terms of the policy include a twenty-four hour legal advice help line. Insured persons will be defined as including all persons authorised to participate in the Church's ministry to children in similar fashion to the public liability definition agreed with the EIO.

This new cover will be provided on a corporate Church-wide basis within the 'Safeguarding Trust' environment rather than on an individual parish policy basis. The cost of the additional cover on a corporate basis will be based on the number of select vestries within dioceses and we have estimated the average cost to be IR£60/£50 per select vestry.

Following on from recent discussions with the diocesan secretaries at meetings in Belfast and Dublin we have now put in place the legal defence cover negotiated with DAS. Costs will be charged out to the dioceses by the RCB who, in turn, are advised to collect the parish share of the premium from each select vestry within their jurisdictions.

We understand that certain parishes not insured with the EIO are considering, or have accepted, a quotation for legal defence insurance cover offered by a broker on a parish by parish basis. In the event that parishes opt, or have opted, for this insurance cover on an individual basis we recommend that the definition of 'insured' be extended as aforesaid to include all who may be involved with the Church's ministry to children.

Select Vestries opting out of the corporate insurance arrangement between DAS and the RCB, because they already have suitable legal defence cover in place, should inform the diocesan office without delay. (Premium costs will be adjusted pro rata with the insurers when details of such parishes are available.)

Conclusion

The necessity for these extensions and additional insurance covers will be obvious in this litigious era and it is essential to provide reassurance to those who work with children. In that context, the RCB regards the premium costs to be very satisfactory and, in putting the policy with DAS into place, has anticipated that dioceses and parishes will respond positively. Copies of the final policy terms and conditions and details of cover will be made available in due course.