Risk assessment should be enough to remove a clergyman from office, argues the Bishop of Blackburn

Risk assessment should be enough to remove a clergyman from office, argues the Bishop of Blackburn

Bishops should have the power to remove priests from office who are deemed to pose a risk to priestly safety, said the Bishop of Blackburn, the Most Reverend Philip North.

On Friday, he blamed the “crisis” at Blackburn Cathedral involving Canon Andrew Hindley on a 2014 decision not to introduce such a rule, which the BBC first reported on Tuesday (News, August 14).

Several risk assessments have concluded that Canon Hindley poses a security risk, but there is currently no provision to remove a priest from office for such reasons. Because he held his position as a freehold, he could not be removed from office without a Clergy Discipline Measure (CDM) being taken against him.

Several complaints against him under the CDM were dismissed without being brought to trial, and five police investigations spanning more than 25 years were closed without charges being brought.

Speaking to the BBC, Canon Hindley denied all allegations and stated that he had never posed a security risk.

In a post on the Blackburn Diocese website, Bishop North also called for priests to be employed directly by the diocese rather than acting as officers. He argued that this would allow disciplinary matters to be dealt with “through a personnel process rather than through long and cumbersome court proceedings” and called for further reform of clergy disciplinary processes.

The freehold system was replaced by common tenure from 2011. However, existing owners were allowed to retain their freehold status.

Bishop North expressed skepticism that joint tenancy was “a great improvement. Such strong tenancy protections are at odds with a modern culture of safety where accountability is critical. To be a safer church, we must address this issue.”

He suggested that priests should be employees of the diocese, “with all the transparency and accountability that this provides.”

His proposals were made in response to a BBC investigation into allegations made over two decades ago against Canon Hindley, a canon and sacrist of Blackburn Cathedral, and a payment made to him in 2020 to settle a lawsuit after he was forced into retirement by the then diocesan bishop, the Rt Revd Julian Henderson.

Bishop Henderson said the action taken was the “only option” for Canon Hindley’s dismissal due to the rules and disciplinary procedures applicable to clergy.

Several independent risk assessments had concluded that Canon Hindley posed a potential danger to children and young people. On Friday, Bishop North argued that such findings should be sufficient to remove a clergyman from office.

Following the publication of a report into security failings at Chichester Cathedral in 2013 (News, 3 May 2013), a proposal was considered that would allow a diocesan bishop to be removed from office if a risk assessment concluded that there was a risk of future misconduct.

In February 2014, a document entitled GS 1941 outlining this option was presented to the General Synod, but the document said it had been “strongly criticised” in a consultation. It recommended that bishops should only be given the power to discipline a priest if he refused to cooperate in a risk assessment, not if the assessment identified a risk.

The document set out the reasons for this, including concerns that it would amount to convicting someone before they have committed a crime, based on the assessment that the person in question is likely to re-offend in the future.

On Friday, Bishop North attempted to reopen the debate: “This issue must be addressed urgently. The Church will not be safe unless we succeed in removing clergy and officials who are proven to pose a danger to children and vulnerable adults.”

“The 2014 decision needs to be reconsidered and, in light of the Blackburn case, it would be irresponsible not to do so.”

Changes to the rules governing risk assessments were approved by General Synod in July without debate and do not affect the issues raised by Bishop North. The Clergy Conduct Measure (CCM), which is in the final stages of drafting, will, if it receives final approval, replace the CDM.

Bishop North welcomed the change, saying the CCM would “correct many of the current weaknesses.”

But a disciplinary process is “only as good as those who conduct it,” and it requires “just and fair decisions based on evidence and focused on what will ensure the safety of the Church,” he wrote.

Several attempts to bring a CDM claim against Canon Hindley have been rejected by a judge. One of these attempts, described in Tuesday night’s episode of BBC Radio 4, File on 4relating to the conduct of Canon Hindley at a cocktail reception in the cathedral garden, after which he was accused of indecently assaulting a woman, kissing an underage girl and indecently touching two men.

According to the BBC, Canon Hindley denied any wrongdoing and a judge dismissed the case on the grounds that “there appears to have been quite a lot of alcohol involved and that while alcohol is not a defence to assault, there must be some degree of intent for assault to be considered to have occurred”.

On Friday, Bishop North called for the establishment of an appeals mechanism to “avoid another situation like that at Blackburn Cathedral.”

Church House, Westminster, was asked to comment on Bishop North’s proposals.

In a statement responding to the BBC’s original investigation, the Archbishops of Canterbury and York said the Church of England “has made enormous progress in protecting people over the past decade, particularly in listening to survivors and victims.”

“However, this long-standing case shows that we still have to work on optimizing our processes and learn from the mistakes of the past.”

ON TUESDAY, Blackburn Cathedral trustees acknowledged failings in the case in a statement, citing “the systemic nature of institutional failings within the Church of England which prevented Blackburn Cathedral from effectively addressing the concerns”.

The statement, signed by the Dean of Blackburn, the Most Reverend Peter Howell-Jones, refers readers to an October 2023 publication on “lessons learned”, which summarises the improvements the cathedral committed to in response to an independent review, but gives no details of the issue that led to it.

They are committed to being “more proactive and transparent in their dealings with whistleblowers and survivors” and to ensuring they feel “safe, supported, listened to and informed of the results”.

There are commitments to “cultural change” in the cathedral and to “urgent and determined” collaboration with the wider church “on vitally important matters such as improving clergy and staff discipline, employment laws and policies, and safeguarding case management.”

Tuesday’s statement said: “The Cathedral has worked tirelessly and continues to work to improve its safeguarding culture, policies and procedures to ensure everyone feels and is safe.”

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