The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.
Stone King has a wealth of knowledge and many years of experience advising charities and not-for-profit organisations (including religious organisations) on a wide range of safeguarding issues. Our specialist Safeguarding Team provides clients with timely and co-ordinated advice.
We have a deep understanding of the safeguarding issues affecting the charity and not-for-profit sector, and we understand the legal requirements and Charity Commission expectations in relation to safeguarding, offering the legal and practical expertise to provide prompt and pragmatic advice. As a team, we feel strongly that charities should go beyond the legal minimum, and our focus is on supporting organisations to create a committed safeguarding culture, ensuring openness, accountability, and adherence to best practice.
How we can help
A key strength of our Safeguarding Team is the breadth and depth of the team’s expertise. We can provide support and advice on a diverse range of matters, a breakdown of which can be found below.
- Drafting safeguarding policies and procedures for charities and not-for-profit organisations
- Creating a safeguarding culture within your charity or organisation
- Good governance and common governance issues for charities in relation to safeguarding
- DBS checks and eligibility and referrals to the Disclosure and Barring Service
- DBS compliance requirements and compliance visits for Registered Bodies
- Advising on safeguarding legal requirements and best practice in relation to grant makers, e.g. provisions in grant agreement
- Advising charities working overseas, including aid charities and grant-makers, on their safeguarding duties and responsibilities
- Risk assessment and management in relation to safeguarding
- Training for charities and not-for-profit organisations on safeguarding, or bespoke training on specific issues and developments
- Requirements of Worker Protection Act 2023 (implemented October 2024) – advising on legal obligations for employers to take reasonable steps to protect their workers from sexual harassment
- Safeguarding approach to internships and mentoring schemes involving young people or adults at risk
- Safeguarding audits and governance reviews for organisations to check compliance and identify areas of improvement, creating action plans and overseeing actions/implementation
- Terms of reference for a safeguarding committee
- Safeguarding in religious settings – advice with in-depth knowledge of different faiths and their safeguarding requirements/frameworks
- Safeguarding in out of school settings, e.g. madrassahs and Sunday schools
- Abuse in religious settings including sexual abuse/spiritual abuse
- Prevent duty and extremism in the context of safeguarding
- Safe recruitment processes
- Serious incident reporting, for example, in relation to: historical abuse allegations; serious harm to current beneficiaries; allegations that a member of staff has been physically or sexually assaulted; alleged sexual harassment; failure to carry out relevant safeguarding checks; etc.
- Charity Commission inquiries – we have acted as both interim managers and charity advisers in relation to inquiries involving safeguarding, often involving high-profile incidents
- Advising on significant public inquiries, for example, we advised participants during the IICSA inquiry and separately advised on an inquiry into the mistreatment of vulnerable people
- Providing guidance and advice to organisations who are subject to regulatory engagement on strengthening policies and procedures as well as culture
- Inquests
- Removal of trustees, employees or volunteers for misconduct
- Investigations into alleged sexual misconduct within organisations, including allegations against senior staff, and producing findings/recommendations
- Allegations of peer-on-peer abuse/sexual assault, whether in school or university or in other educational settings
- Liaising with multi-agency bodies, such as the police, LADO, etc.
- Advising on whistleblowing cases concerning safeguarding
- Managing beneficiary complaints against members of staff or volunteers
- Risk management plans for offenders
- Managing circumstances when it comes to light that an employee or volunteer coming into contact with children or at risk adults is on the sex offenders register
- Assisting where there is an ongoing criminal process
- Responding to historic allegations of abuse
- Our wealth of experience has helped many charities navigate a serious crisis within their organisation. For example, our team has; engaged with regulators and statutory authorities; conducted disciplinary and internal investigations; promoted a focus on the alleged victim and how best to support them; reviewed charity policies and procedures; delivered training to ensure that the charity’s approach is robust; and communicated with stakeholders and the press.
If you need advice and support relating to a safeguarding issue, or need to review your safeguarding approach or put in place safeguarding policies and procedures, please contact Tim Rutherford or Sarah Clune.
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