Section 6: Conduct and performance

6.1 Professional code of conduct for clergy

The primary aims of the Guidelines are:

• to ensure the welfare and the protection of individuals and groups with whom the clergy work
• to ensure the welfare and the protection of the clergy and of their families
• to encourage the clergy to aspire to the highest possible standard
• of conduct
• to provide safe and effective boundaries for clerical ministry
• to encourage personal and corporate ministerial development.

Further details can be found in the Guidelines for the Professional Conduct of the Clergy on the Church of England web site

6.2 Social media policy

Who is covered by this policy?

Employees of the Lichfield Diocese Board of Finance (LDBF), clergy and church workers are subject to this policy. It is designed to ensure that we communicate within the law and in a way consistent with our Christian character. 

What is social media?

Social Media, in this policy, refers to all online communication in a public space, from blogging to Twitter and Facebook. Engagement through a computer or smartphone screen should not change our understanding of confidentiality, responsibility, good manners and Christian witness. 

1. Public Domain
   The law views anything shared online as being in the public domain. Sharing thoughts and reflections with friends using social media or email might feel personal and private; but if more than one person can access what we have written, it is highly likely that the law would class it as "published". It is subject to the law touching libel, copyright, freedom of information and data protection. If we wouldn't say something in the local newspapers we shouldn't say it online.
2. Permanence
   Anything said on the Web can be assumed to be permanent. Even if we delete a comment made on a website, it could still have already been seen by other people, re-published, or had a screenshot picture taken. It is easy to say something in the heat of the moment that we regret later, but it could remain permanently online for all to see. 
3. Security
   It is absolutely not safe to assume anything electronic is secure. Privacy settings on social media tools might mean comments going only to accepted "friends" or "followers" but there is no guarantee that they will not pass (repost) them outside trusted circles.
4. Gossip
   Social media can pose a risk to confidentiality and be intrusive. Social media does not change our fundamental understanding about confidentiality in the life of the Church. When telling a story about a situation which involves someone else, it is always useful to pose the question "Is this MY story to tell?" 
   Furthermore, we should ask if the story is likely to cause distress, inconvenience, upset or embarrassment to others if they discovered it had been shared in this way. If in any doubt at all, it should not be shared online. 
5. Representatives
   If we are clergy, youth leaders or church employees, anything we do or say in the public domain will be interpreted by the public as representative of attitudes and behaviour in the Church. Controversial, hasty or insensitive comments can quickly attract the attention of the media. In the web environment, the person pressing the keys is ultimately responsible for their own online activities, but they can tar a lot of others with their own brush in the eyes of the media. News providers are always on the watch for gritty church-related stories via social media. 
6. Separation
   Keep a clear separation between personal and corporate accounts. If you tweet as yourself, mark the account clearly as “my own views” so there is no suggestion your opinions represent a wider church or organisation. If you tweet from an account representing a church or organisation, then make sure you avoid expressing personal opinions. Any account which carries the logo, address or website of a church or organisation should be seen as a corporate account and only speak for that organisation.
7. Recommendations
   Take care with external links. When you link to material, check out the website you are linking to – is its overall focus one you are happy to publicise and promote?
8. Real-time Relationships
   Interactions in the virtual world need to be transparent. Healthy boundaries and practices must be adhered to just as they should be in the physical world. In the virtual world, “friend” or “follower” can mean anyone with whom you are willing to communicate through that medium. In the physical world, friend can mean much more in terms of intimacy, self-disclosure, mutuality and expectations for relationship. 

Clergy have a right to free speech, restrained only by the law, the doctrine of the Church of the England, and the requirement that they may not be members or supporters of any organisation declared by General Synod to be incompatible with Christian beliefs (currently, the BNP is in this category). Clergy frequently give views on all sorts of issues, from the pulpit, in school settings, on civic occasions, in ordinary interaction and online. However, if badly or insensitively expressed, they could under Canon Law be construed, shown to and be disciplined for ‘conduct unbecoming of a clerk in holy orders’ 

“The sort of distinctions that apply routinely in secular appointment between private life and work life do not operate in the same clear-cut way in relation to ordained ministry... A priest is expected by the canons to be ‘diligent to frame and fashion his life and that of his family according to the doctrine of Christ, and to make himself and them, as much as in him lies, wholesome examples and patterns to the flock of Christ’.

From “Guidance on parochial appointments–Appointment of clergy office holders: A guide to good practice” produced in support of the Ecclesiastical Offices (Terms of Service) Measure 2009 and approved by the House of Bishops.

More so than for laity, the difference between personal opinion and the position of the Church of England is often not clear in the mind of the public. Most clergy are conscious of this when in public local settings: but blog posts, tweets and Facebook posts are just as public. In fact, they may be the biggest pulpit you ever occupy. 

Clergy have a unique power dynamic with people with whom they have a pastoral relationship, and therefore have a special responsibility to guard how they interact with those people. Some have found that while online, they have been alerted to pastoral issues and been able to offer immediate counsel in a moment of crisis.

Safeguarding

Laws regarding mandated reporting of suspected abuse/neglect/exploitation of children, youth, elders and vulnerable adults apply in the virtual world as they do in the physical world.

Very clear boundaries must be maintained when communicating with children and young people. The law and diocesan policies on Safeguarding apply in communications with children and young people by whatever means, and Safeguarding guidelines apply fully online. 

Communications should be public and in the view of whole groups, not individuals. Private messages should not be exchanged with young people via social media. The diocese offers Social Media & Young People guidance for PCCs to consider adopting.

If you need help or further guidance, you can contact the Communications Director.

6.3 Bullying and harassment policy – dignity at work

“The Church is required by God to foster relationships of the utmost integrity, truthfulness and trustworthiness. Abuse, harassment and bullying will not be tolerated within the Church of England. All complaints of abuse, harassment and bullying are to be taken seriously and thoroughly investigated.” 

What is bullying and harassment?

In its advice leaflet for employees, ACAS gives the following definitions of harassment and bullying. The terms are used interchangeably by many people, and although some definitions may include bullying as a form of harassment the legal definitions are more precise.

'Harassment, in general terms, is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religion, sexual orientation, nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The key is that the actions or comments are viewed as demeaning and unacceptable to the recipient.'

'Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient.'

The legal definition of harassment also requires the behaviour to have 'the purpose or effect of violating people's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment.'

‘Unacceptable behaviour’ changes its label to ‘bullying’ or ‘harassing behaviour’ when it causes actual harm or distress to the target(s), normally but not exclusively, after a series of incidents over a prolonged period of time.

How can bullying and harassment be recognised?

Bullying may manifest itself in a variety of different ways. It is usually persistent, and often unpredictable, and can amount to severe psychological intimidation. It is insidious, and undermines the ability and confidence of the person suffering from it. It can lead to fear, isolation, demotivation and reduced output, poor concentration, symptoms of stress, a noticeable level of sickness absence or stubborn attendance when obviously unwell, psychological, emotional and physical harm.

On the other hand it is important to distinguish between bullying, and behaviour that is reasonable in a particular context. For example there may be occasions where shortcomings in performance are being addressed and more incisive behaviour is interpreted as bullying simply because the recipient is unused to being challenged or asked to account for their actions.

Harassment, in general terms, is unwanted conduct affecting the dignity of men and women in the workplace. It may be related to age, sex, race, disability, religious belief (including theology or churchmanship), nationality or any personal characteristic of the individual, and may be persistent or an isolated incident. The important point is that the actions or comments are viewed as demeaning and unacceptable to the recipient.

On the whole it is safest to take the view that if a person complains that they are being bullied or harassed, then they have a grievance, which should be dealt with regardless of whether or not their complaint accords with a standard definition.

The Chief Executive Officer will be responsible for encouraging and monitoring the implementation of the policy and reporting on its effectiveness. The policy will be reviewed every five years.

Standards of behaviour

Those who are ordained in the diocese, (clergy, rural deans, archdeacons, area bishops and the diocesan bishop) recognise the importance of setting a good example. Whilst acknowledging that ministry has a leadership role their primary function is to teach, admonish (reprove gently but earnestly) and build the people up in faith.

Overall they will seek to develop a culture that is consultative in style where all are consulted and problems discussed. They undertake to participate in the training provided by the diocese in support of this policy.

The laity of this diocese recognise that in certain situations they could be perceived as harassing and bullying both each other and their clergy. As lay members of the diocese they recognise the importance of setting a good example and measuring their behaviour against our Christian values beliefs and standards in the simple question 'How Christ like are we?' They undertake to participate in training provided by the diocese in support of this policy.

Communication & training

The Chief Executive Officer is responsible for encouraging and monitoring the implementation of the policy. Suitable resources to facilitate discussion and promote understanding are available for use by PCCs, Deaneries and other groups.

The Director of Ministry sources and facilitates suitable training for clergy, laity and those with pastoral responsibility for the clergy. 

Advce and Mediation

Any member of the clergy who feels they need advice or support around issues of bullying and harassment are invited to contact the Bishops Advisor for Pastoral care and well- being who will seek to provide appropriate support.

In addition, the diocese will provide the services of mediators. They will be authorised to investigate the issue fully and bring the parties together to discuss and resolve a way forward. Mediation is intended to be the last informal step before more formal procedures are introduced.

Counselling and dispute resolution

Professional counsellors, trades unions, and professional associations are other useful sources of support for individuals. In this diocese the Bishops Advisor for Pastoral Care and well-being is the key contact.

Confidentiality

It is diocesan policy that these matters are to be treated with absolute confidentiality and that no action will be taken without the willing consent of the person who feels he/she has been a target.

Fair procedures

When both the perpetrator and the target is a clergy person or a licensed lay minister, complaints of bullying or harassment may, with the complainant’s consent, be brought under the Grievance Procedure for Licensed Lay Ministers. It has been developed by the church to deal with grievances of various kinds between ministers. 

When the perpetrator is a clergy person, it may be more appropriate for the complainant, or an Archdeacon, with the complainant’s consent, to make a complaint under the complaint’s procedure or, in very serious cases only, under the Clergy Discipline Measure.

When the perpetrator is a lay person, and the complainant is either ordained or lay, complaints of bullying or harassment may, with the complainant’s consent, be dealt with in one of a number of ways according to the circumstances. If you feel you are being harassed or bullied by a lay person the following list of actions lays out the diocese’s policy recommendations

1. Make it clear to the person harassing you that their behaviour is inappropriate and explain the impact of their actions on you.
2. Invite a colleague or a friend to intervene/support you. This could be your incumbent
3. Seek the help of the Bishop’s Advisor for Pastoral Care and well-being.
4. Request formal mediation with a Diocesan Mediator
5. Take civil action by involving the police which could lead to the issuing of an ASBO

False accusation

False accusations are a serious matter. The behaviour of anyone who is found to have made an unfounded, deliberately malicious complaint or allegation will be regarded with the utmost seriousness and where possible formal action taken. A member of either the clergy or laity could be subject to an action for defamation if they have made false accusations against someone else.

Examples of bullying behaviour

This list of behaviours is not exhaustive but gives a clear indication of the sorts of actions that constitute bullying or harassment

• removing areas of responsibility without discussion or notice
• isolating someone or deliberately ignoring or excluding them from activities
• consistently attacking someone’s professional or personal standing 
• setting out to make someone appear incompetent
• persistently picking on someone in front of others
• deliberate sabotage of work or actions
• deliberately withholding information or providing incorrect information.
• overloading with work/reducing deadlines without paying attention to any protest
• displays of offensive material 
• use of e-mails to reprimand, insult or otherwise inform someone of their apparent failing, either to the individual or to third parties
• repeatedly shouting or swearing in public or in private
• spreading malicious rumours to third parties 
• public humiliation by constant innuendo, belittling and ‘putting down’
• personal insults and name-calling
• aggressive gestures, verbal threats and intimidation
• persistent threats about security
• making false accusations
• aggressive bodily posture or physical contact
• talking/shouting directly into someone’s face
• direct physical intimidation, violence or assault

The most serious incidents might result in:

• creating an unsafe working environment 
• ignoring signs of overwork and extreme stress
• putting someone’s health physically, emotionally or psychologically at risk by making them upset, frightened and/or ridiculed

If you are experiencing bullying or harassment you should not suffer in silence or feel that you are to blame in some way for inviting bullying behaviour. 

Actions you can take yourself

• Keep a factual log of all incidents of bullying – dates, times, nature of incident, details of accusations, criticisms, emails and other correspondence. This may be needed as evidence should harassment, victimisation or bullying continue or subsequently recur.
• Try to get witnesses to bullying incidents and avoid situations where you are alone with the bully. Find out if you are the only person being bullied or whether other people are also affected now, or have been in the past. Talk to colleagues and see if they will support you.
• If possible, clarify your role description is so that you can check whether the responsibilities you are given match it.
• Research all the available informal and formal options open to you and what support and advice is available including from qualified counsellors, professional associations, trades unions and the police.

You are strongly advised to use the support of the Bishop’s Advisor for Pastoral Care and Well-being. 

Informal action

It may be possible for the complaint to be resolved quickly by explaining directly to the harasser or bully the effect their behaviour is having, and that you want it to stop. By trying the informal route you may be able to get the harasser or bully to stop their behaviour and so prevent the matter becoming public, or of escalating and making your situation more difficult. 

It has been shown that it is rarely advisable for a target to confront a bully alone, without professional support. 

Every effort should be made to use informal means, including considering alternative dispute resolution using the Diocesan Mediators, to stop the offensive behaviour before formal procedures are invoked, however, it should also be made clear that if the behaviour continues you will make a formal complaint. This may be enough to sort things out, particularly if the person(s) involved was/were unaware that their behaviour was causing offence.

Whenever possible, any complaint of bullying or harassment should be notified, in confidence, to your rural or area dean or archdeacon. Once an outcome has been agreed between the parties, the rural or area dean or archdeacon will monitor the situation as appropriate.

If the rural or area dean or archdeacon decides the matter is sufficiently serious or constitutes gross misconduct, they will make a file note of action taken and with your permission, institute an investigation under the formal procedures. 

Formal action

Formal procedures are not dependent on you having to take personal action to ask the bully to stop their behaviour. It is recognised that by its very nature bullying is something that happens over a prolonged period of time and the longer it goes on the more difficult it is to take personal action to confront the behaviour. 

6.4 Grievance procedure

The Archbishops’ Council has issued a Code of Practice under section 8 of the EO(ToS) Measure 2009 containing a procedure for enabling an officer holder to seek redress for grievances.

If you have a grievance, you are encouraged to take it up informally in the first instance, and, if appropriate, consider mediation. This will not affect your right to require formal consideration of your grievance under the procedure. If you wish to use this procedure your first point of contact should be your Archdeacon.

Code Of Practice Made Under Section 8 Ecclesiastical Offices (Terms Of Service) Measure 2009

Part 1 – Introductory

Those who feel they have been disadvantaged should have the opportunity to have their concerns addressed. Ideally, these should be aired and resolved quickly to the satisfaction of all concerned without recourse to formal proceedings. On occasions where this is not possible, a procedure is needed to give office holders the right to seek redress and to know that their complaints will be dealt with promptly, fairly and consistently. Reconciliation is a desired outcome, but never at the expense of failing to deal adequately with the issues raised.

1. Authority of the procedure

1.1 This Code of Practice is issued by the Archbishops’ Council under section 8 of the Ecclesiastical Offices (Terms of Service) Measure 2009 and Regulation 32(1) of the Ecclesiastical Offices (Terms of Service) Regulations 2009. Anyone dealing with a grievance raised by any person holding office on Common Tenure must have regard to this Code of Practice.

1.2 This Code of Practice is supported by advice on good practice issued from

time to time by the Archbishops’ Council and available at www.commontenure.org

2. Principles

2.1 Office holders need to feel assured there is a way of raising their concerns that is confidential and fair. The aim of this procedure is:

• to respond to grievances fairly and quickly
• to ensure that the focus is on the issues rather than personalities
• to take account of the legitimate interests of all concerned
• to allow grievances to be pursued without fear of sanction.

2.2 The basic principles of the procedure are as follows:

• every grievance should be treated seriously
• no-one should be disadvantaged for raising a grievance
• a grievance should be dealt with informally wherever possible
• proceedings should be kept confidential
• even during the informal stage, a written record should be made
• office holders raising a grievance should be allowed to bring a lay or ordained colleague or trade union representative to any meeting
• attempts should always be made to resolve grievances as swiftly as possible, although it is recognised that, where a number of people are involved, it can take time to gather all the necessary evidence 
• mediation should be considered at every stage.

3. Mediation

It is central to the teaching of Jesus that those who are reconciled to God must be open to being reconciled to those who have offended them or those they have offended. Reconciliation involves clarification of what has happened, how it is perceived by the other person and acknowledgement of the depth of anger and hurt. Reconciliation, for both parties, involves the rebuilding of damaged relationships. Reconciliation should be the desired outcome. It is important to consider how mediation might be used to bring this about at every stage of the procedure (for example, at the outset or where the first formal stage has not resulted in a mutually acceptable outcome).

4. Scope

4.1 This grievance procedure is available to all office holders under common

tenure and is intended to provide a means of addressing grievances relating to the exercise of the office held, which may include issues relating to:

• the interpretation and application of terms and conditions of service
• housing
• ministerial development reviews
• continuing ministerial education
• (in the case of training posts) provision of suitable training and experience or the result of an assessment at the end of the training.

4.2 In the case of bullying, the diocesan anti-bullying and harassment policy will set out the informal steps which office holders may take before making a

formal complaint under this procedure.

Full details of the procedure are available from the HR department in St Mary’s House

6.5 Complaints and disciplinary procedure

The guidelines below set out how senior staff will follow up issues or complaints brought to their attention through a clear process of investigation and follow up, and how they will judge when an issue or complaint received should be followed through the formal CDM route with the involvement of the Diocesan Registrar where this is appropriate, or whether there are issues which could be resolved through a local diocesan process, with Human Resources and senior staff advice and guidance. The CDM procedures are intended for more serious situations.

Whenever a `complaint’ or issue of concern about an individual member of the clergy is brought to the attention of the Bishop or to members of his senior staff, it will be appropriately investigated, with pastoral sensitivity, within a fair process. This may be via the Complaints procedure or it may be more informally depending on circumstances . If criminal conduct is suspected, the police will be informed about the matter so that they may investigate; in these cases it may not be appropriate to involve the member of clergy in the investigation at all. But in other situations, the person investigating will find out what lies behind the concern, discuss the issue with the member of clergy and then decide what action is appropriate. 

The diocese is committed to this fair process. It ensures that time is set aside to gain a clearer picture of all the issues raised, that individuals have opportunities to put their views, that where it is possible reconciliation is achieved, and that decisions about any further actions are made only when there is clarity of objective information/evidence.

6.6 The Complaints procedure

Introduction

1. This procedure for the resolution of complaints is adapted from that developed by the Ecclesiastical Law Society Working Party on the Clergy Discipline Measure in conjunction with the Clergy Discipline Commission and appended to the CDM Code of Practice. It is being put in place now pending likely changes to (or replacement of) the Clergy Discipline Measure itself, and sits alongside the latter, which should be used in the case of serious allegations of misconduct on the part of clergy.

2. The manner in which a complaint made outside of the CDM is resolved is a matter for the diocesan bishop. Accordingly, the use of this procedure is not mandatory but is intended to provide a ‘best practice’ approach. It aims to resolve disputes swiftly, fairly, and in a non-confrontational manner.

3. The procedure set out below is not comprehensive and can be adapted to meet the needs of the specific case. The bishops will do their utmost to resolve complaints in a timely manner and according to the timescales given but on occasion timescales may be extended if there are compelling pastoral or other reasons for this.

Panel of assessors

4. The diocese, at the direction of the diocesan bishop, maintains a panel of lay and ordained assessors who are selected on account of their established skills and experience in dealing with matters of conflict and/or grievance. Assessors are drawn from a wide range of backgrounds.

Stage 1 – Making a complaint

5. A complaint should be sent to the relevant Area bishop.

5.1 The complaint must be in writing and contain the following information:

• The specific details of the complaint, including what occurred and when it occurred; or what was not done and when it should have been done, as the case may be. This should be set out in a non-combative manner.

• Details of what the person making the complaint is seeking by way of resolution. This might be an apology from the cleric concerned, a meeting with the area bishop, or some other form of resolution.

5.2 The complaint must be signed (no anonymous complaints should be allowed) and contain a statement of truth in the following form:

“I believe the facts as stated in this complaint are true”.

5.3 A complaint must not be frivolous or vexatious (i.e. intended only to harass, annoy or frustrate the member of clergy) and must not include any deliberately false or misleading information.

Stage 2 – the Area bishop’s acknowledgment and respondent’s answer.

6. The Area bishop will normally acknowledge receipt within 7 days and supply a copy of the written complaint to the cleric concerned asking for their written response, within 7 days if possible.

7. Where appropriate, the Area bishop will take advice from the registrar and diocesan safeguarding adviser. If safeguarding and/or criminal matters are raised referral to the appropriate statutory agencies must take place, and the Clergy Discipline Measure may be activated.

7.1 The cleric’s response must be in writing and include the following information:

• The cleric’s answer to the complaint, setting out what did or did not happen. This should be written in a non-combative manner.

• How the cleric believes that the complaint can be resolved.

7.2 The answer must be signed by the cleric and contain a statement of truth in the following form:

“I believe the facts as stated in this answer are true”.

7.3 The answer must not make frivolous or vexatious counter complaints and must not include any deliberately false or misleading information.

Stage 3 – Referral to an assessor.

8. The assessor acts independently of the bishop, the person making the complaint and the cleric concerned.

8.1 Upon receipt of the cleric’s answer the Area bishop within 7 days identifies an assessor who does not know the parties and sends the written complaint and answer to that assessor.

8.2 The assessor arranges to meet separately with the person making the complaint and the cleric concerned. During the meeting each may be accompanied by a supporter should they wish, although they should not be legally represented. The assessor will be able to seek points of clarification. The assessor may also wish to try and enable each of the parties to see and understand the other person’s perspective on the issues in dispute.

8.3 The assessor will come to a view as to whether:

• The complaint is, on the balance of probabilities, substantiated or not.

• The complaint should be dismissed as being frivolous, vexatious, malicious or of no substance.

• The complaint is capable of resolution and the manner in which any resolution should take place. This might include a face to face meeting between the parties concerned, a meeting with the bishop, or a facilitated conciliation or mediation.

• The cleric concerned should be given a written warning or advice or be asked to undertake specific training.

8.4 Within 28 days of the referral from the Area bishop the assessor will aim to produce a written report to the Area bishop containing the relevant findings and recommendations.

Stage 4 – Resolution 

8.5 The Area bishop will consider the report and form a view as to the most appropriate course of action to take, normally within 7 days of receiving the assessor’s report. The Area bishop is free to depart from the assessor’s recommendation, where she or he considers there is a good reason. 
8.6 The Area bishop should write to both parties setting out how the complaint is to be resolved, or that it is not upheld. The Area bishop should set out the reasons for the decision in a clear manner to enable both parties to understand how it was reached. Where advice or a warning is given to the cleric concerned, this should be recorded in writing and placed on the clergy file. The Area bishop may refer the matter back to the assessor for the implementation of the recommendations e.g. a meeting between the parties. 
8.7 If the Area bishop is of the view that the substance is more properly an allegation of misconduct under the Clergy Discipline Measure the person making the complaint should be invited to complete a Form 1a, or refer the matter to an archdeacon to bring an allegation of misconduct under the CDM.

6.7 The formal CDM process

A national review of the Clergy Discipline Measure is under way and there is intent to replace it with a new Clergy Conduct Measure in due course. Until this passes through General Synod, however the Clergy Discipline Measure remains in force. A Code Of Practice to the CDM was recently updated, among other things to emphasize further that the CDM is intended to deal only with “allegations of misconduct which are serious in nature” and that “grievances, disagreements and/or minor acts or omissions, however, genuine, are likely to fall outside the scope of the Measure”.

A Complainant may however commence procedures without having previously brought the matter to the attention of the diocese; or it may be that the Archdeacon feels on a preliminary review of matters that he or she should bring the case forward by a Complaint. 

The disciplinary process is started by a formal written Complaint of misconduct, which is made to the Bishop (or Archbishop, as the case may be); the Complaint can only be brought by a person who is considered to have a proper interest in bringing the matter forward (a person who has experienced the misconduct, a relevant churchwarden, a person nominated by a special resolution of the PCC, or an Archdeacon). There are five grounds on which misconduct may be alleged, namely: 

• acting in breach of ecclesiastical law; 
• failing to comply with the duty under section five of the Safeguarding and Clergy Discipline Measure 2016 (duty to have due regard to House of Bishops’ Guidance on safeguarding children and vulnerable adults):
• failing to do something which should have been done under ecclesiastical law; 
• neglecting to perform or being inefficient in performing the duties of office; 
• or engaging in conduct that is unbecoming or inappropriate to the office and work of the clergy. 

The Complainant must produce evidence in support of the Complaint, and verify the Complaint by a statement of truth. The Complaint and evidence in support are referred by the Bishop to the Diocesan Registrar for advice as to (1) whether the complainant has a proper interest in making the complaint, and (2) whether the allegations are of sufficient substance to justify proceedings under the Measure. The Registrar sends a copy of the Complaint to the Respondent and provides a letter giving more detail of the procedures, and what the Respondent is able to do. This is the 'preliminary scrutiny' stage.

Bishop's decision

Having received the Registrar's advice, the Bishop may decide that the Complaint should be dismissed, in which case it will proceed no further under the Measure.

If on the other hand the Bishop considers that the Complainant has a proper interest in complaining and that the Complaint deserves further consideration, he will invite the priest or deacon about whom the Complaint is made ('the Respondent'), to send a written Answer verified by a statement of truth, together with evidence in support. In the meantime, the Bishop may in rare and specific circumstances almost always involving safeguarding risk consider it appropriate temporarily to suspend the Respondent from priestly functions. Suspension, if applied, is always regarded as a neutral action, and does not influence any later consideration of the case. When the Answer is received, the Bishop may choose to meet either or both of the Complainant or Respondent, to learn more about the situation. The Bishop will then decide which of five possible courses of action available to him under the Measure is the appropriate one to pursue. He can:

1. take no further action
2. record the Complaint conditionally for a period of up to five years, such that if another complaint is made within that time and is dealt with under paragraphs c, d or e below, the two complaints may then be dealt with together
3. refer the Complaint to a conciliator in an attempt to obtain agreement between the Complainant and the Respondent as to how the complaint should be resolved
4. impose a disciplinary penalty (but only with the consent of the respondent) 
5. require the Complaint to be formally investigated by the Designated Officer, a barrister employed in the Church of England Legal Office in London. The diocesan involvement after a referral to formal investigation is minimal because the process is entirely independent of the diocese.

Bishop's disciplinary tribunal

The vast majority of cases will be dealt with by the Bishop . In the small minority of cases where the Designated Officer is asked to investigate, a report will be produced for the President of Tribunals, who will then decide whether there is a case to answer before a Bishop's Disciplinary Tribunal. Tribunals consist of two members in Holy Orders and two communicant lay members, plus an experienced lawyer in the chair. If a complaint is proved, the Tribunal can impose the same range of penalties that a Bishop can impose by consent, ranging from a rebuke to lifelong prohibition from exercising any ministerial functions. 

The Archbishops' list

Where a penalty is imposed under the Measure, either by the Bishop or by the Bishop's Disciplinary Tribunal, it will be recorded in the Archbishops' List, which is maintained at Lambeth Palace. The Respondent will be informed of the particulars to be recorded, and may request the President of Tribunals to review the entry.

Proceedings in secular courts

The Measure provides a separate procedure under which a member of the clergy who commits a criminal offence and receives a sentence of imprisonment may be liable to a penalty of removal from office, or prohibition from exercising any functions. A member of the clergy who is arrested on suspicion of an offence may be suspended from priestly functions during the period under which that suspicion continues. A similar procedure is available if a member of the clergy has had a decree of divorce or an order of judicial separation made against him or her and has committed adultery, behaved unreasonably or deserted the former spouse. 

6.8 Capability procedure

The new Terms of Service/Common Tenure arrangements confer on clergy a range of rights and responsibilities. One such right is access to a Capability Process.

The procedures for a Capability Process are set out in a Code of Practice which is agreed by both Archbishops’ Council and General Synod.

Capability procedures within the church require that clergy have at least the equivalent protection applicable for secular employees where processes require a written statement of grounds/issues, a meeting with the right of representation, followed by a decision, and right of appeal

As a last resort it is possible to dismiss a member of clergy within the Capability Process. Any office holder under Common Tenure who is removed from office under the Capability procedures has the right to make a claim in an employment tribunal on ground of unfair dismissal. (This right does not extend to office holders who are over the statutory retirement age for clergy of 70yrs).

A tribunal which finds a dismissal was unfair has the power to award compensation, or, if practicable, can make an order for the office holder to be reinstated in his or her post.

Capability procedure

Code Of Practice Made Under Section 8 Ecclesiastical Offices (Terms Of Service) Measure 2009

1. The authority of the procedure

1.1 This Code of Practice is issued by the Archbishops’ Council under section 8 of the Ecclesiastical Offices (Terms of Service) Measure 2009 and Regulation 31(3) of the Ecclesiastical Offices (Terms of Service) Regulations 2009. Anyone dealing with issues of capability in relation to any office holder on Common Tenure must have regard to this Code of Practice.

1.2 This Code is supported by advice on good practice issued from time to time by the Archbishops’ Council and available from the HR department at St Marys House. 

Part I – Introductory

2. The purpose of the capability procedure is improvement

2.1 The principal objective of a capability procedure is to help office holders whose performance falls below an acceptable minimum standard to improve in cases where the problems are not disciplinary in nature. It is expected that most performance-related matters will be identified and addressed informally without engaging this procedure. Nevertheless, there will be occasions where informal steps are not appropriate and in such cases it will be

necessary to implement the procedure. If an improvement in performance cannot be achieved through the capability procedure, there is a real possibility that the office holder will be removed from his or her current office, but only as a last resort.

2.2 Capability is demonstrated by the execution of the duties of a particular office to an acceptable minimum standard over a sustained period of time. It is about both what an office holder does and how he or she does it.

2.3 In assessing what is an acceptable minimum standard, the requirements of the post should be taken into account along with the more general requirements of the Canons, the Ordinal, and the Ecclesiastical Offices (Terms of Service) Measure and Regulations 2009.

2.4 Lack of capability in one particular office does not necessarily mean that the office holder is not capable of exercising any ministerial function. Removal from one particular office on capability grounds does not remove a cleric from holy orders or disqualify him or her from being appointed to another office. Regulation 29 (1)(e) of the Ecclesiastical Offices (Terms of Service) Regulations 2009 provides a means whereby a cleric who has been removed from one office on capability grounds may be appointed to another office on a probationary basis.

2.5 Except in the limited circumstances prescribed in Canon C8.2, clerics are unable to carry out any ministerial function without authority from the Bishop. Before granting a licence or permission to officiate to clergy who have been removed from office for incapability, or instituting them to a benefice, the bishop should satisfy himself that their new duties are demonstrably different in nature from those in their previous post or that there is some other good reason why the previous lack of capability is no longer an issue.

Full details of the capability procedure can be provided by the HR department at St Mary’s House.

6.7 Equal opportunities policy

Our commitment

The diocese is committed to providing equal opportunities in employment and to avoiding unlawful discrimination in employment and against other stakeholders.

This policy is intended to assist us to put this commitment into practice. Compliance with this policy should also ensure that Office Holders do not commit unlawful acts of discrimination.

The law

It is unlawful to discriminate directly or indirectly in recruitment or employment because of age, disability, sex, gender reassignment, pregnancy, maternity, race (which includes colour, nationality and ethnic or national origins), sexual orientation, religion or belief, or because someone is married or in a civil partnership. These are known as "protected characteristics".

Discrimination after employment may also be unlawful, eg refusing to give a reference for a reason related to one of the protected characteristics.

Staff should not discriminate against or harass a member of the public in the provision of services or goods. It is unlawful to fail to make reasonable adjustments to overcome barriers to using services caused by disability. The duty to make reasonable adjustments includes the removal, adaptation or alteration of physical features, if the physical features make it impossible or unreasonably difficult for disabled people to make use of services. In addition, service providers have an obligation to think ahead and address any barriers that may impede disabled people from accessing a service.

Types of unlawful discrimination

Direct discrimination is where a person is treated less favourably than another because of a protected characteristic. An example of direct discrimination would be refusing to employ a woman because she is pregnant.

In limited circumstances, employers can directly discriminate against an individual for a reason related to any of the protected characteristics where there is an occupational requirement. The occupational requirement must be crucial to the post and a proportionate means of achieving a legitimate aim.

Indirect discrimination is where a provision, criterion or practice is applied that is discriminatory in relation to individuals who have a relevant protected characteristic (although it does not explicitly include pregnancy and maternity, which is covered by indirect sex discrimination) such that it would be to the detriment of people who share that protected characteristic compared with people who do not, and it cannot be shown to be a proportionate means of achieving a legitimate aim.

Harassment is where there is unwanted conduct, related to one of the protected characteristics (other than marriage and civil partnership, and pregnancy and maternity) that has the purpose or effect of violating a person's dignity; or creating an intimidating, hostile, degrading, humiliating or offensive environment. It does not matter whether or not this effect was intended by the person responsible for the conduct.

Associative discrimination is where an individual is directly discriminated against or harassed for association with another individual who has a protected characteristic (although it does not cover harassment because of marriage and civil partnership, and (according to guidance from the Government and ACAS) pregnancy and maternity).

Perceptive discrimination is where an individual is directly discriminated against or harassed based on a perception that he/she has a particular protected characteristic when he/she does not, in fact, have that protected characteristic (other than marriage and civil partnership, and pregnancy and maternity).

Victimisation occurs where a person is subjected to a detriment, such as being denied a training opportunity or a promotion because he/she made or supported a complaint or raised a grievance under the Equality Act 2010, or because he/she is suspected of doing so. However, one is not protected from victimisation if he/she acted maliciously or made or supported an untrue complaint. There is no longer a need for a complainant to compare his/her treatment with someone who has not made or supported a complaint under the Equality Act 2010. For example, if a blind person raises a grievance that the employer is not complying with its duty to make reasonable adjustments, and is then systematically excluded from all meetings, such behaviour could amount to victimisation.

Failure to make reasonable adjustments is where a physical feature or a provision, criterion or practice puts a disabled person at a substantial disadvantage compared with someone who does not have that protected characteristic and the employer has failed to make reasonable adjustments to enable the disabled person to overcome the disadvantage.

Equal opportunities in employment

The diocese will avoid unlawful discrimination in all aspects of employment including recruitment, promotion, opportunities for training, pay and benefits, discipline and selection for redundancy.

Person and job specifications will be limited to those requirements that are necessary for the effective performance of the job. Candidates for employment or promotion will be assessed objectively against the requirements for the job, taking account of any reasonable adjustments that may be required for candidates with a disability. Disability and personal or home commitments will not form the basis of employment decisions except where necessary.

The diocese will consider any possible indirectly discriminatory effect of its standard working practices, including the number of hours to be worked, the times at which these are to be worked and the place at which work is to be done, when considering requests for variations to these standard working practices and will refuse such requests only if the diocese considers it has good reasons, unrelated to any protected characteristic, for doing so. The diocese will comply with its obligations in relation to statutory requests for contract variations. The diocese will also make reasonable adjustments to its standard working practices to overcome barriers caused by disability.

The diocese will monitor the ethnic, gender and age composition of the existing workforce and of applicants for jobs (including promotion), and the number of people with disabilities within these groups, and will consider and take any appropriate action to address any problems that may be identified as a result of the monitoring process.

Customers, suppliers and other people not employed by the organisation

The diocese will not discriminate unlawfully against customers using or seeking to use goods, facilities or services provided by the organisation.

You should report any bullying or harassment by customers, suppliers, visitors or others to the Diocesan Secretary who will take appropriate action. 

Training

The diocese will provide training in equal opportunities to managers and others likely to be involved in recruitment or other decision making where equal opportunities issues are likely to arise.

The diocese will provide training to all existing and new Office holders and others engaged to work at the organisation to help them understand their rights and responsibilities under the dignity at work policy and what they can do to help create a working environment free of bullying and harassment. The organisation will provide additional training to managers to enable them to deal more effectively with complaints of bullying and harassment.

Your responsibilities

Every Office Holder is required to assist us to meet our commitment to provide equal opportunities in employment and avoid unlawful discrimination.

Office holders can be held personally liable as well as, or instead of, the organisation for any act of unlawful discrimination. Office Holders who commit serious acts of harassment may be guilty of a criminal offence.

Acts of discrimination, harassment, bullying or victimisation against Office Holders or customers are disciplinary offences and will be dealt with under our disciplinary procedure. Discrimination, harassment, bullying or victimisation may constitute gross misconduct and could lead to dismissal without notice.

Grievances

If you consider that you may have been unlawfully discriminated against, you may use the diocese's grievance procedure to make a complaint. We will take any complaint seriously and will seek to resolve any grievance that we uphold. You will not be penalised for raising a grievance, even if your grievance is not upheld, unless your complaint is both untrue and made in bad faith.

Use of the diocese's grievance procedure does not affect your right to make a complaint to an employment tribunal. Complaints to an employment tribunal must normally be made within three months beginning with the act of discrimination complained of.

Monitoring and review

This policy will be monitored periodically by the diocese to judge its effectiveness and will be updated in accordance with changes in the law. If changes are required, we will implement them.

Information provided by job applicants and Office Holders for monitoring purposes will be used only for these purposes and will be dealt with in accordance with the Data Protection Act 1998.

6.8 Relationships with the media

The diocese treats its relationship with the local and national media very seriously; to support this it has appointed a specialist Officer to be its primary spokesperson. People receiving requests for information or comment on Church issues from members of the media (newspapers, radio, television and the like) should in the first instance, therefore, direct all such requests to Director of Communications.

If queries arise from requests from the media due say to the lack of availability of the Communications Director, these should be directed to the CEO. 

6.9 Whistle-blowing

A Whistle-blowing Policy and the accompanying procedure is designed to enable clergy to raise concerns internally and in a confidential fashion about fraud, malpractice, health and safety, criminal offences, and failure to comply with legal obligations or unethical conduct. The policy also provides if necessary, for such concerns to be raised outside the organisation.

It is intended to demonstrate that the Board:

• Will not tolerate fraudulent or malicious behaviours;
• Respects the confidentiality of staff raising concerns and will provide procedures to maintain confidentiality so far as is consistent with progressing the issues effectively;
• Will provide the opportunity to raise concerns outside of the normal line management structure where this is appropriate;
• Will invoke the Board's disciplinary policy and procedure in the case of false, malicious, vexatious or frivolous allegations;
• Will provide a clear and simple procedure for raising concerns; which is accessible to all members of the clergy.

Procedure

This procedure is separate from the Board's adopted procedures regarding grievances.

• Employees should not use this procedure to raise grievances about their personal employment situation;
• This procedure is to enable members of staff to express a legitimate concern regarding inappropriate behaviours within the Board;
• Inappropriate behaviours are not easily defined; but can include allegations of fraud, financial irregularities, corruption, bribery, dishonesty, criminal activities, failing to comply with a legal obligation, creating or ignoring a serious risk to health, safety or the environment, malicious gossip that undermines our organisation

Confidentiality

Employees who wish to raise a concern under this procedure are entitled to have the matter treated confidentially and their name will not be disclosed to the alleged perpetrator of inappropriate behaviour without their prior approval. It may be appropriate to preserve confidentiality that concerns are raised orally rather than in writing, although members of staff are encouraged to express their concern in writing wherever possible. If there is evidence of criminal activity then the Police will in all cases be informed.

The Investigation

• A member of the clergy will be at liberty to express their concern to the CEO
• Any concern raised will be investigated thoroughly and in a timely manner, and appropriate corrective action will be pursued. The person making the allegation will be kept informed of progress and, whenever possible and subject to third party rights, will be informed of the Resolution;
• A member of staff who is not satisfied that their concern is being properly dealt with will have a right to raise it in confidence with Directors of the Board.

External Procedures

Where all internal procedures have been exhausted, a member of staff shall have a right of access to Directors of the Board.

It should be noted that under the Public Interest Disclosure Act 1998, there are circumstances where a member of staff may be entitled to raise a concern directly with an external body where the employee reasonably believes:

• That exceptionally serious circumstances justify it;
• That the Board would conceal or destroy the relevant evidence;
• Where they believe they would be victimised by the Board;
• Where the Secretary of State has ordered it.

Malicious Accusations

False, malicious, vexatious or frivolous accusations will be dealt with under the Disciplinary Procedure.

Protection from Reprisal or Victimisation

No member of the staff will suffer a detriment or be disciplined for raising a genuine and legitimate concern, providing that they do so in good faith and following the Whistleblower procedures.