Mandatory requirements can be found in:
- Guidance issued by the House of Bishops, or
- Requirements of the Safeguarding Code.
The former is gradually being replaced by the latter, as explained below
Guidance issued by the House of Bishops
The Safeguarding and Clergy Discipline Measure 2016 imposes a legal duty on the clergy, readers and lay workers, churchwardens and parochial church councils to
"have due regard to guidance issued by the House of Bishops on matters relating to the safeguarding of children and vulnerable adults”.
The legal duty to "have due regard" means that the person to whom the guidance is directed is not free to follow the guidance or not as he or she chooses. As a matter of law, the guidance should be given great weight and must be followed unless there are clear, logical and convincing reasons for not doing so. It will be very rare for there to be such reasons for not following House of Bishops guidance on safeguarding.
Requirements of the Safeguarding Code
The Independent Inquiry into Child Sexual Abuse (IICSA) observed that the legal term "have due regard" was not well understood and that there was a need for greater clarity on the nature of the obligation.
Therefore the Safeguarding (Code of Practice) Measure 2021 made provision for the duty to "have due regard" to House of Bishops' guidance to be replaced with a "duty to comply" with the requirements in a new Safeguarding Code.
As guidance issued by the House of Bishops comes up for review, it is being replaced by new sections of the Safeguarding Code. Until then, the duty to have due regard to House of Bishop's guidance remains in force.
Dashboard levels
To help a parish to prioritise their work, the mandatory requirements are divided into three levels:
Level 1 - Safer Foundations
Level 2 - Safer Activities
Level 3 - Safer Practices
To comply with the mandatory requirements, a parish must reach Level 3.