In this newsletter, we continue to unpack the principles of safeguarding. This month, we consider an organization’s responsibility to demonstrate a duty of care. Duty of care arises from the common law, as well as municipal, provincial, federal and international statutes. (Law.com) It refers to the legal obligation that one party owes to another (e.g. two individuals, or an organization and an individual) to act with reasonable care and prevent harm. An organization’s leadership, staff and volunteers have a duty to care for each other and the community they serve.





Negligence is the failure to exercise reasonable care that results in loss or injury to whom a duty is owed. This breach can occur through actions (doing something unreasonable) or omissions (failing to take necessary steps). If someone’s actions deviate from what an average, prudent individual, under similar circumstances would do, it may constitute negligence. In civil liability, an aggrieved person or entity is entitled to claim damages for negligence in court.



Principle #2 - Responsibility

Why is “responsibility” a principle in safeguarding?

We recognize our shared responsibility for the safety and well-being of our community. When a concern is raised, we take it seriously and are committed to managing and responding with integrity, and ensuring we meet our legal, ethical, and moral responsibilities.



Concern of the Day...

One day, our Director of Training was asked a question that addressed an organization’s responsibility to demonstrate its duty to care for children.

“We are taking our grades 4 through 6 students on a canoe camping trip, which involves white water rafting. Do you think we should require the students wear life jackets?”

She immediately answered, “Yes! The students should be required to wear life jackets, and don’t forget to communicate to parents the risks students may face prior to going.” Sharing the risks and the steps you are taking to mitigate risks in a Letter of Informed Consent demonstrates that you care!

Did you know we have an online free assessment for off-site and high-risk events and activities?





Attention Senior Leaders and Board Members

I recently read the heartbreaking testimony of a woman who had been sexually abused by a school employee when she was in early elementary school. This abuse ultimately led to her PTSD diagnosis. It began with a kiss, but progressed to fondling and sexual assault. During discovery, her lawyer asked the School Board representative the following questions...

• What responsibility do you believe the Board had in mitigating the risk of sexual abuse?

• What policies and procedures were in place to supervise the employee?

• What steps did you take to screen and train the employee?

• When the student told other employees what was happening, what protocols did you have in place to report and respond to the allegations of abuse?

We never want to think that abuse could happen on our watch! Unfortunately, abuse does occur all too often, and when it does, you may be called to defend the steps you took to demonstrate your duty of care. Are you prepared to answer these same questions if subpoenaed for a claim of abuse against your organization?

If you know that you are not prepared to respond to these questions today, request a free quote for our services!

I also encourage you attend our LIVE Board and Leader Orientation on Tuesday, May 7, 2024. More information below.

Purchase any Plan to Protect^® manual and receive a variety of 10 pocket guides for free! 

(Value exceeds $59.99)