Do We Follow the Spirit of the Law
or the Letter of the Law?
| | |
Last month, I promised to unpack the principles of safeguarding in our upcoming newsletters. Before we begin, however, I think it's important to define principle-based governance, and the concepts of the “spirit of the law” and “the letter of the law”. These are two very different approaches to interpreting and applying principles. | | |
The Letter of the Law is a strict, literal interpretation of the wording or language of policy. It focuses on the exact words used without considering the broader context, intent, or purpose behind those words.
Adhering to the letter of the law means following specific rules or requirements as they are written, without considering the underlying principles or the spirit behind the writing.
This approach often prioritizes a formal, rigid, or narrow interpretation, sometimes resulting in outcomes that may not align with the original intent.
| | |
The Spirit of the Law emphasizes understanding and interpreting the underlying principles, purpose, or intent behind the policy. It looks beyond the literal wording to grasp the broader objectives or goals the policy aims to achieve.
Adhering to the spirit of the law involves considering the context, values, and goals that inspired the creation of the policy in the first place. In relation to safeguarding the vulnerable sector, it is deeply rooted in wanting to protect individuals from harm. It encourages a flexible and holistic interpretation, yet still ensures the intended outcomes of the policy are met.
This approach recognizes that policies are not static and may need to be interpreted according to complex and complicated scenarios and unforeseen circumstances.
| | |
For example, imagine a road with a traffic sign stating "Speed Limit: 40 km/h." | | |
Adhering strictly to the letter of the law would require maintaining exactly 40 km/h, without exceeding that limit, regardless of factors such as road conditions, weather, or traffic flow.
On the other hand, the spirit of the law involves recognizing that the speed limit is intended to promote road safety. Therefore, although the posted limit is 40 km/h, driving slower during adverse weather conditions or heavy traffic, aligns with the law's underlying goal of ensuring safe driving practices.
| | |
Which of these two interpretations of the law should be used to address situations, the letter of the law or the spirit of the law? Should it be a balance between the two? This is a frequent subject of legal and ethical debates, especially in complex or ambiguous situations.
Regardless, always keep in mind that legislation influences reporting and response protocols for allegations and disclosures of abuse, as well as your insurance company requirements in order to qualify for abuse coverage.
I always encourage our clients to start by defining guiding principles when shaping policies. An example of a guiding principle is “avoid isolation.” Once defined, consider what exceptions could be incorporated for complex and complicated situations, without compromising on safeguarding or putting a team member at risk of a wrongful allegation of abuse.
| | |
Why are “standards” a principle in safeguarding?
Every organization has the right and responsibility to set standards of behaviour for their volunteers and staff, safety standards, and standards of policies and practices for programs and activities that the church, charity or organization sponsors. Partners should also be held to a similar standard.
| | |
And now, for some comic relief...
I once saw a policy, and the front page of the policy stated, “This policy must be followed by everyone, unless someone deems it a hardship or it’s unnecessary to follow it.”
Remember, “common sense is not that common!”
| | |
"If we purchase a Basic Membership with
Plan to Protect, is certification training included?"
| | |
Our certification training is included in our Going the Distance and Implementation Membership packages. Though our Basic Membership includes many benefits, it does not include our certification trainings, which are professional development courses.
| | |
When you purchase a Basic Membership, we are offering
both Administrator Leader and Train the Trainer for the discounted price of $875 (a $475 savings)!
| | |
Our 5 Step add on package includes the Administrator course which will help you qualify for, and maintain abuse coverage with your insurance company by writing your own customized policies and procedures. You will also receive certification for a Trainer who will receive our most updated PowerPoints, instructor notes, and student notes. Your certified trainer will be able to deliver age-appropriate Orientation and Refresher Training for your adult and youth volunteers as well as your staff!
| | |
Join us in April for our LIVE Trainings! | | |
Don't miss our... Special Interest Webinar:
The Impact Pornography has on Abuse
| | |
April 16, 2024
12:00pm - 1:00pm EST
Join our special guest, author, Sheila Wray Gregoire, as we discuss the profound impact pornography has on abuse. Our seminar will help you create a safe environment for all by educating and equipping you to tackle difficult situations and promote open dialogue with those using pornography. Bring your questions as there will be time to address the issues that concern you!
FREE for Members
$50.00 per organization plus tax.
Discounts available!
| | | |
April 9, 2024
12:30pm - 1:00pm Eastern Time
Learn the basics and standard of Plan to Protect®. This is a complimentary webinar. Register to participate LIVE with Q&A time, or to receive access to an instant replay.
FREE!
| |
| | |
Plan to Protect® Refresher LIVE Webinar | | |
April 25, 2024
8:00pm - 9:30pm Eastern Time
Great for individuals and groups who need to be refreshed in Plan to Protect® policies and procedures.
This training meets insurance requirements.
$33.00 per person plus tax.
Discounts apply!
Bundle options are available.
| |
| | |
Plan to Protect® Orientation LIVE Webinar | | |
|
April 27, 2024
1:00pm - 3:30pm Eastern Time
Join us for this two-and-a-half-hour orientation training covering awareness of abuse, prevention, reporting and response,
and so much more!
This training meets insurance requirements.
$38.00 per person plus tax.
Discounts apply!
Bundle options are available.
| | | |
You currently are not a member of Plan to Protect,
and you are missing out on so much!
| | |
Purchase a Basic Membership with Plan to Protect, and receive both Administrator Leader Level One and Train the Trainer Level One
for the total discounted price of $875 + tax (a $475 savings)!
| | |
Some conditions apply:
Valid only with the purchase of membership through Plan to Protect
No further discounts apply to this 5 Step add on package
| | | | | |