The Church, Children and the Law

Roger Hitchings, East Leake

There was a time when working with children in the local church involved Christians in seeking imaginative and lively ways of presenting Christ to the rising generation. All kinds of legitimate activities were pursued and the main things to worry about were that the gospel was clearly and straightforwardly presented, and that workers and children were able to relate easily with each other.

Those are still a vital aspect of working with children, but there are a whole raft of new areas for concern that churches now have to consider. The law and government guidelines now impose demands upon us. Many of these demands are legitimate and right, but they have introduced complexities into our lives, and new requirements that we must ensure we deal with. This is a part of life in general and so we have a duty before God and towards men that we cannot avoid.

There are several pieces of general legislation that may impinge on our work with children.

Health and Safety legislation will mean that we are meticulous in our attention to Accident Prevention and reporting. There will be clear and simple recording procedures and involvement of parents through consent forms for all activities that have an element of risk. Of course, where there are extensive activities for children (e.g. playgroups, or activities on several days each week) we will need to look at our premises and practices in the light of this legislation to ensure appropriate conformity. A useful website to gain more information on this is www.hse.gov.uk.
Disability Discrimination Act sets out a range of standards for us to conform to that are perfectly reasonable. It means that we will seek (as much as we are able) to ensure that our premises and facilities take full account of the needs of children with disabilities. We do not want to exclude anyone from hearing about the Lord Jesus, and so we will work not merely to the letter of the law but also within its spirit. This must surely mean that whatever we do takes account of any children who have some degree of disability, and that we will reach out to such children by taking notice of their needs.
Food handling and safety legislation may apply if there is food provided on more than a once-a-week basis. The requirement is actually that if your church serves food or drinks on five or more days in any period of five consecutive weeks then you will need to register with the Environmental Officer of your Local Authority.
Employment and Equal Opportunities legislation will apply if you have paid workers providing activities for children and young people. It is likely, however, that these will apply in other areas of the Church’s life and they will be attended to in a general way.

Parliament The principal area of legislation in respect of children, and that which concerns us all most deeply, is the whole area of Child Protection. There is a considerable amount of guidance that should be followed and some legislation that must be, but the best approach is just to treat it all as a requirement for us and implement what needs to be done. It is surely not Christian to seek to avoid good advice merely because it comes from a secular source. The Home Office has published a code of practice entitled ‘Safe from Harm’ which can be downloaded from their website www.homeoffice.gov.uk/docs. There is also a useful book that can be obtained from FIEC called ‘Child Protection in the Church’. The Churches’ Child Protection Advisory Service (www.ccpas.co.uk) provides training and advice. However, it is my personal view that the latter body, whilst doing an excellent job, fails to be fully informed by a truly Biblical perspective, and may sometimes introduce a humanistic worldview.

What then are the key requirements for churches in this area?

Child protection policy - Every church needs to produce this basic document and also implement it. Merely having a policy is of no real value, unless it is applied. The policy should include the following material:

Awareness of the nature of Child Abuse and description of the various types of abuse that exist

Procedures for recruitment and training of workers within the church

Processes for identifying abuse and responding to allegations

Recording and reporting procedures - identification of a responsible person for co-ordinating the policy

Advice on control and discipline of children

Response to identified abuse situations, support mechanisms and dealing with returning offenders

Recognition and response to infiltration by paedophiles

The policy may also address the Biblical perspective on children in society, families and the local church.

Recruitment procedures - Everyone working with children and young people, and also vulnerable adults, should go through a vetting procedure. This is known as ‘Disclosure’. Churches will need to establish a policy for ‘the recruitment of offenders’ and ensure that all workers complete the necessary ‘disclosure forms’. It is not as daunting as it sounds, and it will give confidence to parents of children attending your church that you take these matters seriously. Where there are paid workers for children and young people’s activities a slightly more detailed procedure needs to be followed.
Training and supporting workers - Those engaged in working with children and young people need regular training and support, especially in this area of Child Protection. Small churches can work with others to provide this training.

It is likely that the requirements on voluntary agencies (and that includes churches) will increase rather than diminish. That is why it is better to put in place everything necessary at the earliest time.

Jesus said ‘Let the little children come to me’. If by putting in place these legislative requirements we can make that easier they are surely a small thing to do.