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Briefing on the Proposed Clergy Conduct Measure

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Briefing on the Proposed Clergy Conduct Measure Briefing on the Proposed Clergy Conduct Measure This paper examines proposals for a new Clergy Conduct Measure. The initial proposals are set out in a paper to the Church of England’s General Synod (report GS 2219), which suggests replacing the Clergy Discipline Measure 2003 with a new Measure that would introduce a distinction between “allegations of misconduct”, which would be handled centrally, and “complaints”, which would be handled locally. The Jill Saward Organisation has prepared this briefing because it is concerned that the limited information currently available about the proposed new Measure is silent on some of the fundamental issues of concern in the existing Clergy Discipline Measure. This briefing, by the Jill Saward Organisation director Gavin Drake, is offered to aid members of General Synod as they consider the proposals. The Jill Saward Organisation Ltd 483 Green Lanes London N13 4BS [email protected] 020 3740 3478 www.thejso.uk Jill Saward® is a registered trademark The Jill Saward Organisation Ltd is a company limited by guarantee Registered in England (company number: 12674346) Registered Address: 7 Bell Yard London WC2A 2JR Briefing on the Proposed Clergy Conduct Measure Introduction Jill Saward was one of the UK’s most inspirational The programme carried the subtitle “No Great campaigners for victims and survivors of sexual Trauma”, after the words used by the judge in violence. She was born in Liverpool in 1965. Her explaining his sentencing decision. father was the Revd Michael Saward, the well-known hymn writer who would go on to become Canon Jill has directly supported thousands of victims and Treasurer of Saint Paul’s Cathedral. survivors of sexual violence and abuse from around the world. She has helped train police officers, In March 1986, Michael and Jill were attacked when judges, medical staff, forensic investigators, burglars broke into the Ealing Vicarage in west journalists and even members of the British Army; London. Michael and Jill’s then-boyfriend, who was she has spoken in schools, colleges, and universities, visiting at the time, were beaten over the head with and at meetings of Deanery Synods, Mothers’ Union, cricket bats. Both received fractured skulls. Jill, who the Women’s Institute and other voluntary was 21 at the time, was raped and subjected to associations. further serious sexual assaults. Jill’s campaign for victims and survivors came to a The case sent shockwaves around the world and led sudden end when she died on 5 January 2017, two directly and indirectly to a number of changes in the days after suffering a catastrophic stroke at her home way victims and survivors of sexual violence are in Staffordshire. But while her death brought an end treated by the government, the police, the judicial to her campaign; it did not end the need for her system and even the press. These changes include campaign. Jill’s fight for victims and survivors is the legal right to anonymity for victims of sexual being continued by her widower Gavin Drake, through violence; a unified way for news media to report a new organisation set up in her memory: The Jill cases in a way to prevent “jigsaw identification”, and Saward Organisation. the right to request the Attorney General to review and, where appropriate refer, unduly lenient The Jill Saward Organisation will continue Jill’s sentences to the Court of Appeal for reconsideration. advocacy. It will campaign for better treatment of victims and survivors; it will engage in public Some of the changes came about quickly – such was education and awareness raising; and it will continue the public’s revulsion at the sentencing (the burglar to campaign for changes in the law to ensure that who didn’t rape Jill received a higher sentence than victims and survivors are afforded the best possible the burglars who did). While other changes came treatment; and that responses to them are built about through Jill’s near 30-year campaign for victims around compassion and justice. and survivors. She began the campaign in 1981 with the publication of her book, “Rape: My Story” and her A large focus of its work will be the Church as it appearance in an extended television interview with develops a project – “When I Needed A Neighbour” – Jenni Murray for the BBC’s Everyman programme. that Jill was working on when she died. Acknowledgments At the outset, the Jill Saward Organisation would like thoughtful and detailed consideration of alternative to thank the Bishop at Lambeth, the Right Revd Tim proposals for a replacement system. Thornton, and the members of the Lambeth Working Group, which he chaired, for their work in bringing The Jill Saward Organisation would also like to thank proposals together. Appreciation also goes to the everybody working to bring about effective Sheldon Hub for the detailed and careful work that safeguarding within the Church. The protection of they have done in researching the effects of the children and vulnerable adults is not the job of current measure. The Ecclesiastical Law Society’s diocesan safeguarding advisers or parochial CDM Working Group, under the chairmanship of His safeguarding officers: it is the responsibility of all of Honour Peter Collier QC, also deserve thanks for their us within the Church. The Jill Saward Organisation Page 2 Briefing on the Proposed Clergy Conduct Measure The Role of Bishops We begin this briefing by stressing that we are not Misc 1286). It appears that those in charge of anti-bishops – indeed, some of our best friends are reviewing bishops’ decisions do not have “due bishops! We begin by stressing that because of what regard” to the bishops’ role, but too high a regard for follows: in our view, the biggest concern in the it. current Clergy Discipline Measure, and the way complaints play out, is the role played by bishops. The biggest problem with the role played by bishops in the current system is that they are all individuals. Section 1 of the current Clergy Discipline Measure They come to the task with individual understandings 2003 reads: “Any body or person on whom functions of the nature of right and wrong. They have individual in connection with the discipline of persons in Holy understandings of the nature of forgiveness and how Orders are conferred by this Measure shall, in that interacts with the role of justice. They have exercising those functions, have due regard to the individual views about the primary focus of a bishop’s role in that connection of the bishop or archbishop duty, and how to balance their discipline function with who, by virtue of his office and consecration, is their duty to pastor the priests in their care. And, required to administer discipline.” disturbingly, that have individual views of what their duties and responsibilities are under the existing In other words, regardless of what the rest of the Clergy Discipline Measure. And they have individual Measure says, right at the start is stressed the understandings of what the Clergy Discipline Measure importance of the role of bishops in administering actually says. discipline. It would appear that the intention is to carry this through to the new Clergy Conduct That is the conclusion that the author of this briefing Measure, as paragraph 17 of the Lambeth Working has reached after experiencing the working out of the Group report states that “The focus of discipline Clergy Discipline Measure in a variety of ways, should be the diocesan bishop, reflecting the including working as part of a diocesan safeguarding theological and historical understanding of the role of crisis team; acting, in effect, as a communications the Ordinary.” officer for sitting Clergy Discipline Tribunals, supporting victims and survivors who have come Fortunately, the report goes on to say that “The forward to make disclosures which have led to formal Church has always taught that bishops do not act complaints under the measure; and bringing my own alone but are ministers within the community. complaints under the Measure. Throughout history, structures have developed to assist in the administration of episcopal functions. I am not alone in this finding. The Clergy Discipline These have included the designation by the bishop of Commission report for 2020 (GS Misc 1286) states in the practical aspects of discipline to a particular paragraph 15 that the former Deputy President of person or body whilst retaining overall authority. The Tribunals, Sir Mark Hedley, in a review for the CDC, proposals contained in this report recommend the “noted that evidently there were misunderstandings continued and, in places strengthened, assistance to amongst bishops, registrars and administrators about the bishop in the exercise of discipline.” the distinction between a bishop’s decision to dismiss and complaint and the decision to take no further The current Measure sets out five options that a action. The former decision (dismissal) is taken upon bishop can take having considered the written answer receipt of the registrar’s preliminary scrutiny report from the respondent. These include the option to take on whether the complainant has a proper interest and no further action. The Measure contains a safeguard whether there is sufficient substance in the complaint against the bishop’s misuse of this power (which, to justify proceeding with it under the next stage set with serious allegations, should only be taken if the out in the Measure. It is to be distinguished from the Bishop decides that there was “clearly no bishop’s decision to take no further action at that next misconduct”) – a complainant may refer the bishop’s stage, which arises only after the respondent cleric decision to the President of Tribunals and request a has been invited submit an answer in response to a review.
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