
On Sunday 11th July, General Synod was given first sight of a new complaints system to replace the Clergy Discipline Measure (2003). A reform of this CDM legislation has been a long time in the in-box of the Church of England. The old measure has caused (and continues to cause) a great deal of unhappiness, even trauma, to those who have been caught up in its tentacles.
The Church Times of July 2 helpfully summarised four main features of this new Clergy Conduct Measure. First of all, it is going to ensure that professional support is available for the accused, as well as survivors and victims. Secondly, it will ensure that cases are dealt with within a reasonable period of time. Thirdly, there will be independent oversight of the disciplinary functions and professional training for those administering any aspect of the measure. Finally, there will be proper resourcing of diocesan and national bodies to ensure that complaints and allegations of misconduct are dealt with properly. This legislation cannot come too soon for some who face accusations of unprofessional or improper conduct of some kind.
The case that I have had brought to my attention does not involve a clergy person but a layman. From what I can gather, the protocols required in setting up this particular case are close to identical to those that are used for the clergy. I have had to gloss over many of the details to preserve the anonymity of the case. I do, however, believe that what I can reveal illustrates clearly how failings in each one of these four areas at present contributes to what seems to be a desperate miscarriage of justice.
What I can reveal of the case allows me to say that it concerns an allegation of inappropriate sexual touch of a child chorister at a large church in England. The accused, a layperson we shall call Kenneth, is in his mid-70s and has faithfully served the church in various ways for most of his adult life. Why am I inclined to believe his protestations of innocence? The main reason is that the story as told by the chorister and the mother is full of holes and contradictions.
These reveal themselves in their testimony and it is hard to see how the story could be true. There is also evidence of some members of the Core Group having strong pre-existing bias against Kenneth.
Kenneth, first heard about the allegation from police in March 2020. The police did not show any inclination to pursue the matter themselves, so the case reverted back to the Church’s processes. The allegation was difficult to respond to as there were a number of inconsistencies in the allegations. For example, the child could not remember whether the offence had taken place in a crowded vestry or in a one-to-one situation.
The church concerned has a very strict chaperoning system and the child’s mother is one of a number of volunteer chaperones. When asked to explain how her child was not being watched during the alleged assault, the mother explained that she was temporarily out of the room dealing with another matter. The allegation is of sexual touching on three occasions. The mother has not explained whether she was outside dealing with another matter on all three occasions. The other glaring inconsistency is the fact that no precise date has been given for any of the offences. It has not been possible to establish clearly a time when the chorister and Kenneth were together in such a way that an offence could have taken place. There are other forms of evidence available-church registers and potential witnesses, but no one has felt able to pursue these with energy.
As soon as the allegation was made, a Core Group was set up by the local diocese to manage the situation. Kenneth was automatically suspended from all duties and banned from attendance at his church and unable to attend any other Christian church without that church being notified of the allegation. The Core Group consisted of a fairly random group of people, including one who is a Facebook friend of the chorister’s mother. It is noticeable that no one in the Group appears to have any legal training.
From looking at the papers that Kenneth has provided me, it seems that little has been done to ask the common-sense questions about the situation, including establishing exactly when and where any offence might actually have happened. Kenneth was abroad for some of the period when the claimed offence might have taken place. The existing protocol for a situation of this kind seems to allow for delays, so nothing is done with any sense of urgency.
One particular massive misunderstanding seems to have taken root in the Group and this makes it difficult for them even to consider the possibility of Kenneth’s innocence. The Core Group apparently insists that its role is not to seek the truth but to believe the child. Apparently one of the Core Group has claimed (without checking) that this principle is set out in the parish safeguarding manual. The Facebook friend of the chorister’s mother is also a fan of the child for his/her skill in singing. This would appear to conflict with Lord Carlisle’s principle, that scrupulous impartiality should be observed by all members of a core group investigating an alleged offence. This one member of a core croup, with a strong partiality towards the victim, at the same time representing the strongly negative attitude of the mother against Kenneth, is easily able to disrupt any sense of neutrality in the Group. One potential witness, a chorister chaperone, who might have spoken on behalf of Kenneth, has been silenced on the grounds that she has ‘history’ with the mother. This potential witness was one of the chaperones who were on duty on the Sundays when the alleged offence could have taken place.
When Kenneth rang me up a few months ago, we discussed the allegation and he told me that an independent investigator was to be brought in. When I heard about this intervention, I expressed the hope that a true outsider would see the anomalies of the case and bring a more forensic approach to establishing the facts. He would be able to discern the likely plausibility of the child’s story, particularly the discrepancies over dates and details. I also expressed the hope that the truth would be established far quicker if mother and child were interviewed separately. This has apparently not happened so far. The child is now 15 years old so should be able to speak for him/herself. I told Kenneth that, from where I stood, the influence of the mother over the child also needed to be understood. This would help provide a better perspective on the overall dynamics of the situation.
The independent investigator came and went, but afterwards it was discovered that according to his terms of reference, he was only required to investigate ‘the methods of the way the allegation was dealt with and not the allegation itself’. In other words, he was not being asked to give any opinion about the plausibility of the accusation. Meanwhile his report is embargoed so that neither Kenneth nor his solicitor can see what was discovered. The 16 page report in a redacted form was available for just two hours to be viewed, but not received in hard copy. We are now still in a limbo situation 20 months after the original accusation was made in March 2020. In all that time no one has stepped forward seeking to establish what might or might not have happened and whether the evidence to support the child’s claim is convincing. The overwhelming assumption of the Core Group seems to follow the principle, ‘the child must be believed’. Failure to do this is thought to be re-abusive. What a sad misunderstanding of the principles of safeguarding and how little it serves justice. Assuming the CDM revision is going to apply to cases involving laity, the reforms cannot come soon enough.








