Complaint handling

28Safeguarding issues arising during investigation

(1)

If, during the investigation of a complaint of misconduct or serious misconduct under section 24 or 27, an issue relating to the safeguarding of a child or vulnerable adult arises and the relevant safeguarding professional is not a party to the complaint, the person carrying out the investigation—

(a)

must notify the relevant safeguarding professional, and

(b)

having due regard to the Code of Practice, may apply to the President of Tribunals for the relevant safeguarding professional to become a party to the complaint.

(2)

The “relevant safeguarding professional” is—

(a)

if the complaint is against a priest or deacon, the diocesan safeguarding officer;

(b)

if the complaint is against a bishop or archbishop, the national director of safeguarding or, if the national director nominates a member of the national safeguarding team, that nominee.

(3)

The rules must set out—

(a)

the procedure to be followed in making an application under subsection (1)(b);

(b)

the procedure to be followed and the steps that may be taken by the President of Tribunals on the application.

(4)

The rules must make provision as to the role of the relevant safeguarding professional in the case of a complaint to which that person becomes party on an application under subsection (1)(b).