Safeguarding

Safeguarding children and vulnerable adults is a cornerstone of responsible charity governance in Scotland. Charities are entrusted with the well-being of some of the most vulnerable members of society and governance frameworks must ensure the highest standards of protection and care.

Safeguarding is not just a legal requirement but a moral obligation for charities in Scotland. By adhering to robust governance practices, trustees can ensure that their organisations provide safe and supportive environments for children and vulnerable adults. With proper policies, training, risk assessments, and accountability measures, charities can uphold their commitment to protecting the most vulnerable while maintaining their integrity and trustworthiness.

Protecting Children and Vulnerable Adults

The Protection of Vulnerable Groups (PVG) scheme is managed by Disclosure Scotland. It helps to ensure that people who are unsuitable to work with children and protected adults cannot be employed in or volunteer to deliver regulated roles with these groups.

The Social Care Institute for Excellence (SCIE) frames six principles of safeguarding which are useful in developing your organisation’s own policies:

Empowerment: people being supported and encouraged to make their own decisions and informed consent
Prevention: it is better to take action before harm occurs
Proportionality: the least intrusive response appropriate to the risk presented
Protection: support and representation for those in greatest need
Partnership: local solutions through services working with their communities. Communities have a part to play in preventing, detecting and reporting neglect and abuse.
Accountability: accountability and transparency in safeguarding practice

Legal framework

Charities operating in Scotland are subject to a range of laws and regulations designed to protect children and vulnerable adults. The key legislation includes:

The Disclosure (Scotland) Act 2020 - guidance aimed to focus on protecting the public, while balancing the need for people to move on from offending and to simply the process for disclosing criminal history information.

Children and Young People (Scotland) Act 2014 - this legislation sets out responsibilities for the welfare and protection of children, ensuring that their needs are met in a holistic manner.

Adult Support and Protection (Scotland) Act 2007 - provides measures to support and protect adults at risk of harm, including those with physical disabilities, mental health issues, or other vulnerabilities.

Protection of Vulnerable Groups (Scotland) Act 2007 - establishes the Protecting Vulnerable Groups (PVG) scheme [link: https://www.mygov.scot/pvg-scheme ], which vets individuals working with vulnerable groups to ensure their suitability.

Charities must comply with these laws and ensure that their policies and practices align with the legislative requirements.

Charity trustees’ duties

The governance of charities falls under the responsibility of their charity trustees. Similarly for other voluntary organisations and social enterprises that are not charities, responsibilities fall to the board or management committee and these princples are a useful guide to good practice.

Charity trustees have a legal duty under Scottish charity law to act in the best interests of the charity and this includes safeguarding beneficiaries. Key responsibilities include:

ensuring that safeguarding policies are in place, up-to-date, and effectively implemented
providing adequate training for staff and volunteers to recognise and respond to safeguarding concerns
conducting appropriate risk assessments [link to risk management] to identify potential safeguarding issues within the charity’s activities
conducting appropriate disclosure checks on the charity trustees themselves in line with the guidances

Charity trustees must also ensure that their own conduct and that of the charity’s employees and volunteers are in line with ethical standards and legal requirements.

Safeguarding policies and procedures

A robust safeguarding policy is essential for any charity working with children and vulnerable adults. Such a policy should outline:

the charity’s commitment to safeguarding and its guiding principles
procedures for reporting and managing safeguarding concerns, including clear lines of accountability
guidelines on recruitment, vetting, and supervision of staff and volunteers
protocols for engaging with external agencies, such as social services or law enforcement, when necessary.

Charities must regularly review and update their safeguarding policies to reflect changes in legislation, societal expectations, and the charity’s operational scope.

Our sister publication VolunteerWiki provides sample policies: Example 1 Example 2

Training and awareness

In order to effectively safeguard children and vulnerable adults, charities must ensure that their staff and volunteers are equipped with the necessary knowledge and skills. Training programs should include:

recognising the signs of abuse, neglect, or exploitation
understanding the legal framework governing safeguarding in Scotland
procedures for managing disclosures or allegations of harm
the importance of maintaining confidentiality while ensuring appropriate reporting

Regular refresher training and updates on legislative changes are also vital. Disclosure Scotland provides free training and advice and your local authority’s Adult and Child Protection Teams will also provide training.

Risk assessment

Charities have a responsibility to carry out risk assessments [link to risk assessment] for activities that involve children and vulnerable adults. These assessments should evaluate potential hazards and establish measures to mitigate risks. Special attention should be given to:

events and activities organised by the charity
the use of premises and facilities
interactions between beneficiaries and staff or volunteers

Effective risk management enables charities to provide a safe environment for all involved. Working with External Agencies Collaboration with external agencies is often necessary to ensure the safety of children and vulnerable adults. Charities must establish clear protocols for engaging with:

social services, for intervention and support
law enforcement agencies, in cases of criminal harm or exploitation
healthcare providers, for medical attention and mental health support

Building strong relationships with these agencies can enhance the charity’s safeguarding framework. Accountability and reporting Transparency is crucial in safeguarding governance. Charities must have clear mechanisms for accountability, such as:

regular audits of safeguarding practices
reporting safeguarding incidents to relevant authorities and stakeholders
providing annual reports to the Office of the Scottish Charity Regulator (OSCR) on safeguarding measures

Charities must also ensure that beneficiaries and their families understand how to raise concerns or complaints.