The impact of the interview of Jo Kind by Cathy Newman on Channel 4 last night (Wednesday) will continue to reverberate for some time to come. The details of how Jo was abused in the late 80s and early 90s, when an employee of Tom Walker and St John’s Harborne may, in the end, turn out to be the least important part of the story. Arguably the most compelling detail of the saga was the belief by some senior individuals within the Diocese of Birmingham that Jo should be asked to sign a non-disclosure agreement (NDA) before viewing the independent report about her own case. Her current work with survivors of church related abuse suggested to her that such NDAs were routine across the country in such situations.
This blog post is not going to discuss the details of Jo’s abuse or the process that led up to the report by an independent reviewer about the way her case was dealt with. Clearly the senior staff, including the Bishop, have come out of the affair rather poorly. Channel 4 has seen a copy of the Review and, in a redacted version, it is available from the Diocesan Secretary in Birmingham. All we have at present on the diocesan website are the recommendations by the reviewer and the ‘Lessons Learnt Review Statement’. Here we find no mention of the NDA even though it is the part of the story that has been repeatedly mentioned by the Press, and radio this morning, as a key feature in the whole episode.
The NDA that Jo was asked to sign, was, as we have mentioned, a condition for her being given access to the official independent report on her case. Two Archbishops, Rowan Williams in 2011 and Justin Welby in 2018 have decried their use in any situation where the Church is responding to abuse survivors. I want, in this post, to reflect on the morality of NDAs and suggest they are an affront to openness as well as compromising the pursuit of justice. They can be compared with burdening a child with a family secret which then has to be carried for decades. Not telling this secret is hard and it is frequently corrosive on family relationships. The adults who signed the Official Secrets Act in the war went to their graves without ever being able to share with others what they had done to help their country. ‘Non-disclosure’ and secrets are at the very least costly and unhealthy for those who possess them.
Keeping secrets for others is difficult and hard to do. Supressing the details of what you have experienced in the way of abuse is even more demanding. We all know from our understanding of the process of recovery, from any kind of abuse, that an important task for the victim is to be able to recall and share the memories. This needs to be done in an environment that is safe. I can hardly imagine how hard it must be to have a memory of abuse that will always be unsafe to share. The NDA, once it has been internalised, acts as kind of filter to memory. Even to recall that memory is perceived as dangerous to your well-being. You cannot let it out or communicate it to anyone else. To put it another way, non-disclosure changes a traumatic memory into a kind of mental poison that permanently threatens psychological well-being.
What I am trying to do in reflecting on NDAs is to suggest that anyone who is ever required to sign one in a church context should shrink with total horror even when they are mentioned. Any moral standpoint, Christian or not, can see that to supress in any way memories of abuse, offends justice and ordinary morality. Putting an individual in a place where past hurts can never be shared or healed is to compound the original crime. The humanity and dignity of the victim are under attack for the second time.
On various occasions I have repeated the claim of victims and survivors that the treatment by the Church after their original abuse was far worse than the original incident. Even the suggestion that any survivor should in any way bury the memory of a past trauma through signing an NDA is shocking and needs to be resisted. In the ‘Lesson Learnt Statement’ put out by the Diocese of Birmingham, the NDA is nowhere mentioned. Perhaps we can surmise that whoever asked Jo to sign such a document was working outside the discussions of the diocesan senior staff. Are we right once again to see the footprint of an insurance company? Does an NDA serve the interests of a body who presumably was responsible for settling the civil claim against the Church?
In conclusion we would claim that the use of NDAs by the Church is an offence to decency and morality. It also subtly undermines the pursuit of healing following an abusive event. For the Church to do something that impedes healing is a kind of blasphemy to the shalom that is right at the heart of what Jesus came to share. It is hard to see how the Church should ever use such offensive legal mechanisms again in its dealings with victims/survivors. One wonders how it was ever possible for these agreements to be wheeled out in a church context. In the place of legal pressurising techniques, perhaps the Church should start to show proper shame and remorse that these methods were even thought of.








