4.4.1 National Review Protocol

The Cumberlege Commission Report 2007, “Safeguarding with Confidence”, noted that after an investigation by a Diocesan/Religious Safeguarding Commission into an allegation concerning an office-holder, employee, volunteer, deacon, priest or religious, recommendations are made to the Bishop/Congregational Leader who then often makes a decision with consequences in canon law. Such decisions must be made in accordance with a judicial or administrative process, and are subject to challenge by means of canonical recourse or appeal. However, up until now no mechanism has been provided for the accused person or the Bishop/Congregational Leader to seek a review of the recommendations made by the Commission. Therefore, the Report proposed that a new process be introduced to allow for such a review of the recommendations, prior to a decision being made by the Bishop/Congregational Leader, whilst reinforcing that it remains the right and duty of the Bishop/Congregational Leader alone to make the final decision. (Where the decision of the Bishop/Congregation Leader, following the recommendations of the Commission, could affect the employment status of an employee, s/he must then follow the established employment procedures).

This proposal was encapsulated in Recommendations 47-51.

These recommendations were accepted by the Conference of Bishops and Conference of Religious in April 2008.

Only those cases which have not already been subject to a written decision by the Bishop/Congregational Leader can be subject to review by a Review Panel.

A review of the evidence of a case and the process of enquiry may be requested by the Bishop/Congregational Leader:

1. If s/he is dissatisfied with the recommendation of the Commission and has decided not to request the Commission to undertake further enquiries;
2. If the Commission has decided that there is no issue to investigate or not to proceed further with a complaint, and a written request for a review has been received from the victim/complainant;
3. If the victim/complainant has expressed concerns in writing about the course of action recommended at the completion of a full enquiry.

A review of the evidence of a case and the process of enquiry may be requested by the accused person in writing after notification of the recommendation of the Commission.

The Bishop/Congregational Leader or the accused person must notify the Safeguarding Coordinator (SC) of an intention to seek review within 10 working days of receiving the Commissions recommendation. In the case of an accused person seeking review, the SC must send a copy of the notification immediately to the Bishop/Congregational Leader.

The victim/complainant may request a review through the Bishop/Congregational Leader within 10 working days of receiving the Commission’s recommendation. The Bishop/Congregational Leader then has 10 working days to decide whether or not to hold a review.

If the Bishop/Congregational Leader decides to proceed with a review he/she must seek advice from the CSAS regarding appropriately qualified members for the Review Panel as soon as possible thereafter, but within 3 working days.

If subsequent to requesting a review the victim/complainant decides to withdraw the request, this may only be acceded to with the consent of the Bishop/Congregational Leader.

In discussion with the CSAS, the Bishop/Congregational Leader selects a Review Panel with the appropriate competencies from the register of available panel members operated by the CSAS. The Panel will usually consist of three members (exceptionally five should the nature and complexity of the case require this). The Panel composition will be finalised within 10 working days of the Bishop/Congregational Leader contacting the CSAS.

In discussion with the CSAS, the Bishop/Congregational Leader will appoint one of the Review Panel as Chair.  It will be his/her role to co-ordinate the work of the Panel and to communicate with the parties involved through the SC.

The CSAS will be responsible for the administrative convening of the Panel. Full contact details of panel members will be sent to the Review Panel Chair and the SC by CSAS within 3 working days of the Panel being formalised. Once convened, it will be the responsibility of the SC to make all practical arrangements, including agreeing the panel meeting date, venue and any accommodation needs at the outset. The l Diocese or Congregation Leader will also be responsible for reimbursing Panel member’s expenses.

The accused person and the victim/complainant are to be notified by the Chair on the appointment of the Review Panel and the date and time of its meeting and how the victim/complainant or accused person may contact the Review Panel. This will usually be via the Diocesan or Regional Religious Safeguarding Office.

The Chair of the Review Panel requests from the SC all the documentation gathered during the investigation and presented to the Commission prior to their making the recommendation. Where the Review Panel is in receipt of material evidence that should have been made available to the Commission at the original determination but was not, then the case must be referred back to the Commission.

In addition the SC will provide documentation received subsequent to the Commission’s recommendation.  Where this documentation or any new evidence comes to light, which had it been made available to the Commission when they made their recommendation, might have affected the outcome of the Preliminary Enquiry, the Review Panel will refer the case back to the Commission.

On receiving the documentation, the first task of the Chair of the Review Panel is to decide whether the request falls within the competence of the review process, i.e. that the request concerns the recommendations made by a Diocesan/Religious Safeguarding Commission and that no decision based on them has been made by the Bishop/Congregational Leader.  If either no recommendations have been made or the Bishop/Congregational Leader has already made a written decision, the request for review must be refused and the parties concerned notified of the reasons for this.

At the same time, the Review Panel Chair must ensure, through the SC, that the accused person has the same documentation as the Review Panel. This must be with the Review Panel members and sent by recorded delivery to the accused person at least 20 days prior to the Review Panel meeting. This period will enable the Review Panel to have both read the documentation in preparation for the Review Panel meeting as well as identifying whether any additional information may be required.  Where that is the case the Review Panel Chair may request this via the SC.

Documentation will not ordinarily be sent to the victim/complainant.  Individual requests however will be considered on their merits and must be agreed between the Bishop/Congregational Leader and Chair of the Review Panel. Decisions must have regard to Data Protection legislation (see Access to Records Procedure).  Where there is any doubt, legal advice must be sought.

Once the accused person has been notified, s/he or his/her representative will have an opportunity to submit written representations to the Review Panel but this must be received no later than 5 days of the date and time of the Review Panel meeting. These representations should be confined to factual inaccuracies and/or arguments in mitigation.

In the event of any exceptional circumstances resulting in a delay to the convening of the Review Panel meeting the Review Panel Chair must notify CSAS and all relevant parties (through the SC).

The Review Panel is to review the evidence of the case and the process of enquiry, bearing in mind the rights of the accused person, the requirements of canon law where appropriate and the principle of natural justice.

Each member of the Review Panel should familiarise themselves with the background papers of the case by reading all the documentation before its first meeting.  The Review Panel must meet at least once prior to coming to a decision concerning the Commission’s recommendations.

The Review Panel will make its recommendation on the balance of probabilities.  It is hoped that this will by consensus but if consensus is not possible it will be by majority decision.

The Review Panel’s recommendation and the reasons for its recommendation must be recorded by the Review Panel Chair in writing and notified to all parties (i.e. the Bishop/Congregational Leader, the victim/complainant, the person accused and the Commission) within 10 days of the final meeting. The Review Panel Chair, or his or her nominee on the Review Panel, will also maintain a record of the process of the review (see the National Review Protocol Monitoring Template and the National Review Protocol Report Template). These 2 documents will be signed by all members of the Review Panel and a copy of both will be sent to CSAS.

The Review Panel should usually come to a decision within 4 months of the establishment of the Review Panel by either the Bishop or Congregational Leader.

Alternatively, the Review Panel may decide to return the case to the Commission for further enquiries before coming to a final decision. In so doing, the Review Panel must make explicit the nature of the further enquiries to be undertaken and the timetable for completing these enquiries. If this is likely to cause delay, the Review Panel Chair will be responsible for ensuring all parties are informed.

On receipt of the Review Panel’s recommendation, the Bishop/Congregational Leader must make a decision as to the appropriate course of action within 28 days. This decision must be given in writing.

CSAS will receive notification of the decision and will inform the Review Panel members as to the outcome.

If the accused person or the victim/complainant has any complaints to make with regard to the Review Panel process, these must be made to the Bishop/Congregational Leader in the first instance.