False Safeguarding Allegations Against Charity Volunteers: Legal Remedies

Charity volunteers give their time freely to support vulnerable people and communities. When false safeguarding allegations are made against a volunteer, the consequences are devastating — DBS checks may be flagged, other volunteering opportunities are lost, and the personal stigma can be permanent. This guide examines the legal remedies available.

The Rise of False Safeguarding Allegations

The increased emphasis on safeguarding in the charity sector — while essential for protecting vulnerable people — has created opportunities for malicious complaints. False safeguarding allegations against volunteers may arise from:

• Interpersonal conflicts — disagreements between volunteers or with paid staff
• Misunderstandings — innocent interactions misinterpreted or deliberately misconstrued
• Malicious intent — individuals seeking to remove a volunteer for personal reasons
• Systemic failures — poorly managed safeguarding processes that fail to distinguish genuine concerns from vexatious complaints

DBS Implications of False Allegations

Perhaps the most damaging consequence of false safeguarding allegations is the impact on Disclosure and Barring Service checks. Even where allegations are unsubstantiated:

• Information may be disclosed on enhanced DBS checks as "relevant information"
• This can prevent the volunteer from working with children or vulnerable adults in any capacity
• The volunteer may be placed on a barred list pending investigation
• Challenging DBS disclosures is possible but requires specialist legal knowledge

When False Safeguarding Allegations Become Defamation

False safeguarding allegations cross into defamation when they are published to third parties and cause serious harm to the volunteer's reputation. This commonly occurs when:

• The allegation is shared with other volunteers, staff, or service users beyond those who need to know
• The charity issues a public statement or newsletter referencing the allegation
• The person making the allegation discusses it on social media or in community settings
• Media outlets report on the allegation

The Role of Qualified Privilege

Safeguarding referrals made through proper channels and in good faith are protected by qualified privilege. A volunteer making a genuine safeguarding concern to the designated safeguarding lead is unlikely to face a successful defamation claim.

However, privilege is defeated by malice — and courts will consider whether:

• The person making the allegation had personal reasons to harm the volunteer
• The allegation was published more widely than necessary
• The person knew or recklessly disregarded that the allegation was false

Practical Steps for Affected Volunteers

1. Preserve all evidence — emails, messages, minutes of meetings, and any written communications about the allegation
2. Request formal documentation — ask the charity for copies of the complaint and investigation records
3. Challenge DBS disclosures — seek specialist advice on disputing inaccurate DBS information
4. Consider a defamation claim — if the false allegation has been published and caused serious harm, legal action may be appropriate
5. Report to the Charity Commission — if the charity's safeguarding processes were misused, this may warrant a regulatory complaint