
In the early 1990s a first attempt was made by the Church of England to draw up a formal safeguarding policy. This was undertaken by the then Bishop of Bath and Wells, Jim Thompson. According to Josephine Stein, in her essay in the book Letters to a Broken Church, this Bath and Wells document laid down the principle that the Church’s insurers should be immediately contacted whenever an accusation of abuse against a clergyman was made. Stein also observes that, thirty years on, the Church still operates with the legacy of this legal confrontational approach. When survivors of past abuse appear and seek help and support from the Church, what they often encounter is not compassion and understanding, but a wall of hostility and defensiveness, erected in part by the Church’s insurers and legal advisers. The one seeking help becomes the enemy to be fought vigorously by any legal methods available. This is something we explored when we looked at the story of Professor Julie McFarlane. She described the process of seeking justice from the Church as a ‘brutal’ one.
From the Church’s point of view, the policy of the past thirty years to rely heavily on legal processes in dealing with abuse complaints has mostly been a success from a financial perspective. The task of making the Church accountable in any way for the abuse, has proved, for survivors, onerous and unpleasant. Many would-be complainants have simply given up at an early stage. Others have simply disappeared, and the Church has been able to wash its hands of them, legally and pastorally. With this disappearance, potential financial burdens for the Church have also decreased. The few that have persisted in their complaining have had to cross numerous difficult hurdles to cross. The consensus among the survivors that I know is that the legal process to be endured after an experience of abuse is far worse than the original event. It is not surprising that there are relatively few survivors who are still visible in the public domain. They are a small cohort. Perhaps they can be seen as the heroic representatives of the much larger group of fellow abusees who have withdrawn from the field.
It would be good to say that the law of the land is an institution that is designed to bring justice to every citizen. In practice, it is those who have deep pockets who gain the most advantage from the system of law as we have it. It is here that institutions have tremendous advantage over individuals. An institution will, when feeling under any kind of threat, always be able to outspend an individual. Christ Church Oxford, an enormously wealthy college, has used some (well over £1 million) of its corporate resources in its attempts to remove the Dean, Martyn Percy. He, by contrast, has no access to the largesse of the college to defend himself from these attacks. He has had to find, according to the press, the eye-watering sum of £400,000 to pay for specialist lawyers. Quite apart from the rights and wrongs of this case, this situation of financial imbalance is something grossly unfair. A well-endowed institution can, through its wealth, have a legal clout which is difficult for any individual to compete with. As a small side point, I am proud to have made a small contribution to a fund that has helped to pay some of Martyn Percy’s legal costs,
Over the past two or three years, when the stories of survivors have come more and more into the public domain, the legal shenanigans being played against these survivors have come into clearer view. Among the methods being employed to maximise the advantage of the institution in legal cases, here the Church of England, I have noted the following. In one case I heard of a bishop, questioned under caution by the police about a safeguarding failure, who was accompanied to the interview by a top London QC. No doubt the bill for this QC was paid for by the central funds of the Church of England. Another example of playing the system to lessen the liability claims of survivors, is to employ lawyers who know how to intimidate witnesses through aggressive questioning. Also, the Church or its insurers, employ ‘expert witnesses’. These may, unchallenged, declare their opinion that a survivor was mentally fragile before the abuse and thus the claim for compensation should be lowered. In one case I know about, the ‘expert’ signed such an assessment of an abuse survivor without having met him. It is always helpful to an insurance company (and the Church employing it) to produce experts who can testify to such preexisting mental fragility. Were a full trial of an abuse case ever to occur as way of determining these liabilities, no doubt the sums involved would be huge. When such church abuse cases are settled ‘out of court’, as they regularly are, the sums actually paid out are modest. To receive £20-30,000 after a life-changing experience of abuse, having also endured a gruelling legal process during which your integrity may be attacked and your true motives for bringing the case challenged, is hardly worth it. The reason that these survivors are prepared to go on risking their physical and mental health in order to pursue these claims, is seldom about money. It is, as far as I can see, that they have a belief in justice, justice for themselves and for many others. These others for reasons of their own have laid low to avoid the ‘brutal’ processes that the institution throws at them through an aggressive use of the law.
Treating survivors as legal problems to be solved will of course be a long way from a pastoral approach. Most clergy, from bishops downwards, will have a built-in pastoral instinct in their response to episodes of abuse. The culture of legal protectionism has, however, entered deep into the system so that nearly everyone in the Church involved with safeguarding, may be inhibited in the way they react. Instead of using their instinct for offering pastoral care, they think legal liability, protocol and the possibility of someone, even themselves, being sued. This situation of trying to deal with a pastoral situation of abuse from within a kind of legal mind-set will, of course, create strong dissonance. Such dissonance will be combined with other emotions, fear, uncertainty and doubt. What should be a straight-forward task of knowing the right way to react when disclosures are made, instead becomes fraught and hard to negotiate. What I am effectively saying is that that the legacy of Jim Thompson’s early attempts at safeguarding protocol has cast a long shadow in the Church. We now live in an institution that is more fearful, less spontaneous and more inclined to seek safety in the place of love. I am not sure whether we can ever return to a Church which practises trust and spontaneity again. Perhaps we will be able to, but first we will need to identify and hopefully, exorcise the spirit of fear in our dealings with one another in the area of safeguarding and relating generally. We need to rediscover the spirit of generosity and care when we meet others, especially those who have come through the terrible ordeal of being the victims of some kind of abuse within the Church.









