About this guide

This guide is for trustees, staff and volunteers who are involved in safeguarding in charities or voluntary organisations in England. It will be especially useful for designated safeguarding leads, lead trustees for safeguarding and anyone leading safeguarding training.

The guide aims to help you understand your legal duties in relation to safeguarding. It explains what charities – and the staff and volunteers within them – must do, have discretion to do, and must not do in relation to safeguarding. As a result, it will help you take a risk-based and proportionate approach to safeguarding decisions in your organisation.

You can use this guide to:

• answer queries from trustees, staff or volunteers
• inform how you train others about their safeguarding duties
• develop your own policies and procedures
• check that statutory agencies are meeting their legal responsibilities to your organisation and people who are, or may be, at risk of harm
• inform people in need of protection of their legal rights in relation to safeguarding.

• Begin by learning about the sources of law and regulation in England. See our information about understanding the law on safeguarding.
• Check you understand the general duties of all charities. Read our information on charities’ and trustees’ safeguarding duties.
• Check the law for groups working with specific groups. We have information on safeguarding children, adults at risk and for people affected by domestic abuse.
• Make sure you understand the law around specific safeguarding issues. We have information about terrorism, non-recent and historic abuse, working with partners, insurance, reporting safeguarding issues and protection for whistleblowing.

This specialist guide explains the key legal duties (responsibilities) of charities and voluntary organisations in relation to safeguarding, but it’s not an exhaustive guide to the law. It contains general information and is not a substitute for specific legal advice about your particular situation. See our legal advice and assistance page for suggested sources of advice for voluntary organisations.

If your organisation delivers regulated services for children or adults at risk you’ll need to comply with other laws and regulations, along with those set out in this guide.

• Looking for a short summary of safeguarding and the law? Read our help and guidance on safeguarding law, rules and duties.
• Want to know more about general charity law and regulation? See our general guide to charity law.