
In recent days, my attention has been drawn once again to a 2020 letter http://survivingchurch.org/2020/08/12/letter-to-charity-commissioners-over-concerns-about-church-of-england-safeguarding/ sent to the Charity Commission (CC) by a list of signatories about failures in the Church of England’s safeguarding systems. It clearly set out a number of ways that the Church’s legal and administrative protocols for dealing with such things as clergy discipline and safeguarding practice are failing, sometimes lamentably. It became known as the Micah letter because it is a plea to follow the principles set out in Micah 6.8 to follow a path of justice and mercy and walk humbly with God. The letter is dated the 11 August 2020. As far as I can determine, the letter has disappeared into a black hole of the in-tray of the CC. I do not make this comment as implying that the Commission is necessarily at fault. If they did fail to respond to our 70 signatories, I can believe that there may have been some valid practical reasons. The letter was raising a complex series of issues about poor safeguarding practice in the Church of England. It is difficult to know how Baroness Stowell, then chair of the CC, could have responded. A full response might have required the temporary shutting down of the entire safeguarding machinery of the Church while the complaints were investigated.
The prompt to me to look once again at this powerful written critique of CofE protocols and practice with regard to safeguarding came from the anonymous author who is standing up for ‘Kenneth’. Were it not for her, I too would have completely forgotten the existence of this valuable document. She observed that the document has proved to be an inspiration and support to anyone wanting to make sense of the sometimes tortuous legal processes that the CofE has put in place for safeguarding. For most of us the existence of several apparently overlapping structures connected with safeguarding is very confusing. How many really understand how the National Safeguarding Team relates to other structures like the National Safeguarding Steering Group and the National Safeguarding Panel? No doubt each group can legitimately justify their existence on the grounds that they have distinct tasks. But clarity for some does not translate into readily comprehensible structures for those outside the system. What we have, according to the letter to the CC, are organisations bewildering and confusing and which, according to their critics, routinely fail to deliver good practice and safety in the arena of safeguarding.
The Micah letter identifies eight areas of structural dysfunction in the safeguarding institutions of the CofE with a request for the CC to help. I do not propose to go through each one, but I want to comment on three issues which continue to be important. It is hard to claim that, overall, things in the safeguarding world are much improved or changed in the two years since the letter was written. Each of the three issues that I pick out from the letter for this blog have a direct bearing on the Kenneth case. No doubt they can be applied to many other cases that are floating around in the Church’s legal system. There are certainly many such cases. I note in passing that a lot of energy is being expended by ordinary Christians in being members of safeguarding core groups. These have the power to make life-changing decisions which can damage or seriously affect the lives of others in the Church.
The first issue mentioned by the Micah letter is that the Church operates its own closed system of legal enforcement where there are often no practicable means of appeal. The enforcement system often refers appeals back to the original core group or committee responsible for making a judgement. In Kenneth’s case, there is no means to appeal to an independent ombudsman. Anonymous took his case to the top of the system, the NST, when she saw that natural justice was being denied him. All the NST could offer in return was to suggest that she took her concerns back to the Diocese which had made serious blunders in the first place. To quote the Micah letter: ‘No matter how egregious the failures to abide by the Church’s own rules or basic principles of good practice may be, there is no remedy’.
The second area of concern that I wish to highlight from the letter is that there is a distinct failure in the way that the Church applies justice fairly and consistently. When an accusation is made over a safeguarding complaint, the individual so accused is sometimes required to step aside from their duties immediately. On other occasions the accused person is allowed to ignore the pending CDM as though it did not exist. In one notorious case a senior bishop was permitted to move from one diocese to another even though a serious safeguarding case against him was still unresolved. By contrast the public humiliation of Lord Carey, in full glare of press coverage, was concerned with a minor issue. The instant removal of his PTO was done virtually without notice and it was, apparently, an evening phone call from a newspaper that alerted him to his ban. The case was eventually resolved after it was decided that there was no case to answer. I understand from Private Eye that a CDM has been lodged against a member of the Christ Church chapter without a suspension being required. I assume we shall hear about the judgement in due course. As someone has pointed out, the application of this church system of justice seems to depend on whether you are important or easily expendable. We would hope that the rules of ‘stepping back’ in the face of safeguarding situations could be made far more transparent than they are at present. Meanwhile, Kenneth is prohibited from attending any church building in the country for worship unless he signs an agreement for a crime that he claims he did not commit and for which there is no means of appeal.
The third area of gross injustice that seems to riddle the Church’s attempts at running a functioning justice system, is when conflicts of interest are not addressed. Kenneth finds himself at the mercy of a core group where at least one of the members is a facebook friend of the boy at the centre of the case and his mother. This core group member is also a member of a Fan Club Page for the boy. No one here, or in the Percy case, seemed to question the appropriateness of having people in a quasi-judicial role whose ability to be objective was compromised by their pre-existing relationship with the accused/complainant. The seriousness of the conflict of interest question is squarely addressed by Lord Carlile when he says: ‘Anyone with a conflict of interest must leave the deliberations and take no further part…Having people on a core group with a conflict of interest is simply not sustainable and is, on the face of it, unlawful.’ The aftermath of the Christ Church affair will no doubt bring into the light a shocking catalogue of collusions between lawyers and publicity merchants. Between them they have been successful in one thing, claiming enormous fees for the privilege of manipulating the Church’s legal system. This has been undertaken for the ethically dubious and unsuccessful attempt by the malcontent dons to harass and persecute the Dean.
The Micah letter to the CC contains one further layer of interest. Appended to the letter are around 70 names including my own. The list contains many individuals who follow and contribute to the comments on this blog. Indeed, it is a bit like a who’s who of those who are concerned for the proper functioning of the structures of the safeguarding world. Among the names are many that I have never met in the flesh but, because of the work they are doing for survivors, are fellow soldiers in the cause to which this blog is dedicated. My impression is that there are many other individuals who support the cause for good protocol and just process in the C/E safeguarding world. They nevertheless hold back because they fear that it may affect their professional lives. Thus, their names do not appear. But it is my belief that there are many silently supporting the work of safeguarding reform. The Micah letter, though now nearly two years old, can act as an interim manifesto. Even though no practical changes were achieved through it – publicly at any rate – it remains an important resource document. Simultaneously it pleads for reform and sets out a fairer, clearer and generally better way of delivering safeguarding for the vulnerable within the structures of the Church of England.








