Recent high-profile cases have exposed alarming gaps in safeguarding practices within various organisations, from charities and sports clubs to large corporations. The tragic death of Benjamin Leonard during a Scouts expedition, the damning findings of the British Gymnastics review, and the revelations of abuse within the Anglican Church all point to a common issue: failures in leadership at the highest levels.

Safeguarding is not just the responsibility of those directly working with children or vulnerable adults; it is a fundamental governance issue that starts with the boardroom. Board members and trustees have a duty to ensure that their organisations foster a culture of openness, accountability, and safety. Creating this culture of candour is not just about compliance – it is about ethical leadership and protecting those who rely on our organisations to keep them safe.

As leaders, it is crucial to recognise the vital role you play in safeguarding and to take proactive steps to embed it into the heart of your governance practices.

On 22nd February 2024, the North Wales Coroner issued a Prevention of Future Deaths Report relating to the death of Benjamin Leonard who died in August 2018, just before his 17th Birthday whilst participating in an expedition to the Great Orb with his Explorer Scouts division. Part of the commentary highlighted the lack of risk assessments, and failures to adhere to Safety and Safeguarding Policies. A Matter of Concern raised was a ‘lack of culture of candour’ within the organisation.

In October 2020, the Independent Inquiry into Child Sexual Abuse produced their Report into the Anglican Church. In Part B.4.3, the Church recognised the need for a new approach to redress for survivors of abuse within the Church. The Church stated the provision of redress is part of the safeguarding and pastoral responsibilities of the Church, and sits alongside the responsibility to support the ‘culture of souls’ in every Parish.

So, whose responsibility is it to create a ‘culture of candour’ and to eradicate ‘a culture of fear?

Those who are in positions of responsibility, who have direct access to children and adults at risk, who have ‘loco parentis’ for a child in their care, have individual responsibilities as part of their role to safeguard the well-being of those in their care. These responsibilities originate in Statute, Statutory Guidance, Local Safeguarding Arrangements, and organisational policies.

Legislation further protects children under the Sexual Offences Act 2003 in relation to those working directly in a ‘Position of Trust’, originally legislating for teachers, for example, this Legislation covers sports coaches and religious teachers.

So yes, all the safeguards can be put in place for those individuals involved in direct work. But what about if we travel up the hierarchy in any organisation, school, charity, business, sports club? What responsibilities do Board members have?

Statutory Guidance such as Working Together to Safeguard Children (2024) outline the specific responsibilities of a Safeguard Lead. This is their role, but as we know, that Guidance also states ‘safeguarding is everybody’s responsibility’ and this is where we start to talk about creating this safe culture, a culture of candour.

For example, the Charity Commission in their Safeguarding Guidance states: “All charities must take reasonable steps to protect everyone who comes into contact with the Charity from harm.” This isn’t just children and adults at risk, this is the responsibility to safeguard everyone who is involved; staff, volunteers, stakeholders, etc. As part of a Trustees Duties, they must:

• Act for public benefit;
• Act according with the Charity Governing documents/Legislation;
• Act in the best interests of the Charity itself;
• Be reasonable with resources;
• Act with reasonable care and skill;
• Be accountable.

So Trustees are legally responsible for safeguarding part of their duties as Trustees. The Board of Trustees should nominate a Safeguarding Champion at Board level, who can liaise with the Safeguarding Lead. However, it is ultimately a joint responsibility as a Board to create a system in which all people feel safe.

Section 174 of the Companies Act 2006 states that “A Director of a company must exercise reasonable care, skill and diligence” in all aspects of leading their Company. If we look at a Company that provides apprenticeships, for example, then there will be a number of young people within their employ, whose welfare must be safeguarded.

The priority in safeguarding is the promotion and protection of children, adults at risk and those who may be in a vulnerable position at some point – everyone. Alongside this is the priority of caring for, supporting, and assisting survivors of any kind of abuse, listening to them, providing a culture in which those people feel safe to raise their concerns, and also support them through that journey.

 However, for Boards, it is a reality that one of their concerns will be brand reputation and financial consequences. It is an extremely sensitive topic, and some would say in the safeguarding arena, it shouldn’t even be a priority. However, for those who are legally responsible for the running of a Charity or business, these issues are relevant. A serious safeguarding incident within any organisation can lead to massive consequences, as we can see from the three examples at the beginning of this Article. So, the time now has come, for Boards to take preventative action:

• Define your organisation’s mission, and values;
• Set a Safeguarding Strategy;
• Maintain a Risk Register;
• Check and Challenge your Safeguarding Lead’s Board Report’;
• Horizon scan – look at what can be learnt for mother Sectors;
• Ensure Effective delegation;
• Set KPI’s – how do we assess whether safeguarding is working?

These are Seven Initial Steps for Boards.

This is the beginning of a lengthy conversation.

Safeguarding is everyone’s responsibility, especially at the board level. Strengthen your leadership with our three-hour workshop designed for board members and trustees, available in-person or online. Led by experienced consultants with real-life case examples, our sessions will help you foster a culture of safety and accountability.

 Contact us at Safeguarding Today to book your workshop and prioritise safeguarding in your organisation.