The General Synod of the Church of England has voted in favour of the first steps to legislate for a Clergy Conduct Measure which will replace the Clergy Discipline Measure 2003. The vote follows the publication of the report by the Clergy Conduct Measure Implementation Group, Under Authority Revisited, which sets out proposals for complaints to be allocated into three different tracks, depending on seriousness: “Grievance”, “Allegation of misconduct” and “Allegation of serious misconduct”.
The report was published after a working group was set up to respond to the recommendations of the Independent Inquiry into Child Sexual Abuse (IICSA) for the Church of England to make improvements to the CDM in dealing with safeguarding complaints. The findings of the working group identified that there was a pressing need for the creation of a system that could deal with different levels of misconduct and behaviour and that the CDM needed replacing in full.
The press release summarises the debate as follows:
“Opening the debate, the Bishop of Worcester, John Inge, who headed the Implementation Group that drew up the report, said that the time for change was ‘overdue’. ‘Whilst the critique of the CDM could be extensive, the principal failing of it as a piece of legislation lies in its inflexibility to respond to different levels of misconduct and complaint,‘ he told the Synod.
‘In meeting our objectives, the Implementation Group has sought to apply four fundamental principles – first, the process must provide for a proportionate and efficient way of dealing with a much wider range of grievances and misconduct. Secondly, the process must protect clergy from frivolous, malicious and vexatious accusations.
‘Thirdly, there must be swift access to justice for both those who have been wronged and those who face allegations. And fourthly, the rules of natural justice must permeate the system as a visible sign of fairness’.”
The text of the motion passed is as follows:
“That this Synod:
(a) welcome the report from the Clergy Conduct Measure Implementation Group (GS 2277); and
(b) request that the Archbishops’ Council introduce legislation to give effect to the report’s recommendations for first consideration by this Synod at the next available opportunity.”
Please forgive my ignorance but I am a mere lay person – who will have the task of drafting the legislation? I know about Parliamentary Counsel but is there a specialist branch, as it were?.
So far as I’m aware, the Church of England’s Legal Office.
I am currently putting in a case against […] and have been sent form 1a. I fear that under the current system it could end in this matter not reaching the threshold I have informed […] of this. They have ignored my request to proceed in another way.
Thank you Stephen for your further Comment, from which I have redacted the allegations relating to certain individuals and bodies. As we have indicated, at L&RUK we do not give advice on specific issues, and in the absence of satisfaction from local church bodies, one option might be now to seek professional legal advice. DavidP