Guidelines for Mandated Groups on dealing with a case under the Section O Process
The United Reformed Church                                                              
The Ministerial Disciplinary Process (the Section O Process)           September 2011

GUIDELINES FOR MANDATED GROUPS

These Guidelines have been prepared by Mission Council's Ministerial Incapacity Procedure and Disciplinary Process Advisory Group (MIND) to help you to understand the distinctive role which as a member of a Mandated Group you will play in the Disciplinary Process.  They take into account all the changes made up to and including April 2011.   This is an advisory document; it does not carry the authority of the General Assembly and, in every respect, it is subject to the Disciplinary Process the text of which always takes precedence over these Guidelines.  Make sure you have the latest version of the Disciplinary Process by your side when reading this.  It can be found on the Church’s website (http://www.urc.org.uk).

The Disciplinary Process was approved by General Assembly in 1997 in order to provide the Church with a means of resolving issues affecting the conduct of ministers of the United Reformed Church which could not be resolved by any other means.   Subsequently Church Related Community Workers have been brought within the scope of the Process.

The minister’s/CRCW’s conduct is to be judged applying the standard of proof of “balance of probabilities” against the promises made at ordination/commissioning.

A flowchart has been prepared which charts the progress of a disciplinary case from start to finish.   This can be found on the Church’s website www.urc.org.uk.

One member of your Group is on the Joint Panel and is receiving regular ongoing training from representatives of MIND.  S/he will therefore be able to lead you as you embark on this Process.

In April 2011 a new Section AA was added to the Process in order to include a Caution Stage.   This is explained in Section 3 of these Guidelines.

Forms have been specially prepared to help you at the various stages in the Process and these have been recently comprehensively updated.   The forms for use in connection with the Caution Stage are all headed AA and the remaining forms are grouped into 5 categories - A to E, which reflect the chronological sequence through the Process.   These are shown at Appendix IV. 

The forms in Group A (not to be confused with the AA forms - see previous paragraph) relate to the Initial Enquiry period, so they will be held by the Synod Moderator (or by the Deputy General Secretary if the case emanates from Mission Council rather than Synod).    Please obtain Forms A11 and A13 from your Synod office (or from that of the Deputy General Secretary if applicable – see previous sentence) and be sure to use them because this will greatly simplify your own task and that of the Secretary of the Assembly Commission.  The remaining forms which you will require will be sent to you at the appropriate stage.

When a case enters the Commission Stage, the Secretary of the Assembly Commission will issue the forms in Groups B, C and D as and when appropriate and s/he is the person to contact with any questions regarding the forms.    Should a case go to appeal, the forms in Group E would apply and these are held by the General Secretary.

Note that the Disciplinary Process applies to Ministers of Word and Sacrament and to Church-Related Community Workers (CRCWs).  For brevity these notes refer, on the whole, to ministers.  You should take it that all such references apply also to CRCWs.

The numbers in brackets in the text below take you to Appendix III which will give you the appropriate reference in the Disciplinary Process itself.

1    
Three Important Principles

• The Church judges its ministers by the promises made at ordination to lead a holy life and to preserve its unity and peace and therefore it does not operate a “tariff” or offence-based disciplinary system. (1)
• As members of the Mandated Group, you are simply required to take the disciplinary steps under the Disciplinary Process in the particular case, and nothing more. (2)  You must not be drawn into giving or offering any sort of pastoral assistance, however well-intentioned, although throughout the Disciplinary Process you must of course act with due sensitivity.  Conversely, those with pastoral responsibilities (whether to the minister and his/her family or to an affected local congregation or in the wider councils of the Church) must play no part in the Disciplinary Process being brought against any minister. (3) This separation of authority between the Mandated Group and the Synod (or other council of the Church in whose name you are acting) is crucial for the proper conduct of all disciplinary cases to ensure that the minister receives a fair hearing.
• The Disciplinary Process must only be seen as a last resort.  No-one should wish to exert discipline whilst pastoral care might achieve a satisfactory result.  However, there is a caveat.  In some cases decisive disciplinary action will clearly be needed in the interests of the Church as a whole.  To acquiesce in a “pastoral fudge” in such a situation would be a mistake which might have long-term consequences.  As members of a Mandated Group, you will always need to balance these two considerations carefully.

2
Definitions
The Disciplinary Process contains a list of definitions of words and phrases. (4)   You must study this list carefully, because every time a defined word or phrase is used it will carry that precise meaning.

3    
The Caution Stage

3.1    Recently Mission Council approved the addition of a preliminary stage (the Caution Stage) (5) within the Disciplinary Process to deal with cases falling short of Gross Misconduct. (6)

3.2    Where the Synod Moderator and those responsible for pastoral care within the Synod come to realise, possibly after a period of increasing concern, that, either due to deliberate intent or a blatant lack of care and concern, the minister is failing to live up to his/her ordination promises and that this in turn is causing significant damage to the minister's pastorate and/or other areas of his/her ministry, serious issues of discipline arise even though there is no suggestion of Gross Misconduct.  The Caution Stage will provide a means of dealing with this problem.

3.3    In such a situation the Synod Moderator will be able to invoke the Caution Stage by calling in two persons known as the "Synod Appointees". (7)  Their role will be to seek – hopefully with the minister's co-operation – to address the perceived shortcomings and to develop proposals as to how these might be overcome.  The Synod Appointees have the power to back up these proposals by issuing a series of sanctions (i.e. Initial and Final Cautions). (8)

3.4    At the end of the Caution Stage, if the Synod Appointees do not consider that the problems have been resolved to their satisfaction despite the imposition of the Cautions, they are likely to recommend the Synod Moderator to proceed to the next stage, i.e. to call you in as the Mandated Group to begin your Initial Enquiry.

3.5    So, if you find yourself dealing with a case which has already passed through the Caution Stage, you will need to pay very close attention to the wording of the Cautions issued and to the report of the Synod Appointees to the Synod Moderator giving the reasons for their recommendation that the case should go forward.

3.6    Having said that, you should remember that, because the Caution Stage is intended to be a co-operative process, it is unlikely that there will have been any cross-examination of the minister or witnesses, which means that the ‘evidence’ on which the Cautions are based will not have been rigorously tested.   Also, bearing in mind how long a case may take to pass through the Caution Stage, an appreciable period is likely to have elapsed between the interviews conducted during the Caution Stage and the time when have to carry out your enquiries and investigations.   So you will understand why it is very important for you to gather all the evidence afresh rather than simply sitting back and relying on the information which led to the issue of the Cautions without testing it for yourselves.


4    
Your Role Before Issue of Referral Notice

4.1.1           When the Group is called upon in any particular case (9), each of you must act fairly and objectively.  You must not serve as a member of a Mandated Group if you have, or have had, any pastoral or personal involvement with the minister or an affected local congregation or if you know of some other reason why your strict objectivity might be compromised.  If this situation should arise, you must immediately declare your interest and withdraw from the Mandated Group for that particular case. (10)

4.1.2         In the “Pre-Referral Notice” period, you work with the Synod Moderator (or, very occasionally, the Deputy General Secretary) in carrying out an initial enquiry to see whether there may be a prima facie case against the minister. (11)

4.2    When the Synod Moderator calls you in to carry out your Initial Enquiry into the allegations of ministerial misconduct, s/he will provide you with a written report explaining the reasons for having taken this step, together with all reports, papers and other relevant documents, as soon as s/he is able to do so.  If the case has passed through the Caution Stage, the Moderator will include with his/her statement copies of any Cautions imposed by the Synod Appointees (as to this expression see Section 3 of these Guidelines) and of their report to the Moderator.   Apart from the Moderator’s statement and the Synod Appointees’ report, all the documents received by you from the Moderator will also be copied to the minister at the same time. (12)  Please note the personal file is confidential and everything you receive should therefore be treated with the utmost care to ensure that there is no inadvertent disclosure of its contents to anyone outside the Disciplinary Process.

4.3    At the outset you will need to agree amongst yourselves as to who does what and how you intend to conduct your Initial Enquiry (your immediate task) and later your more detailed investigation, should you consider it necessary to issue a Referral Notice.   The member appointed to the Group from the Joint Panel will be the most knowledgeable, having already received training and guidance about the Process.   So that person will be expected to play the leading role and to assist the other two with some preliminary guidance so that they too will be aware of the disciplinary criteria and the procedures and generally what will be expected of them.   It is very important that all three of you keep in regular touch and work closely together throughout.

4.4.1        Consistent with a careful and thorough approach, you must move as quickly as possible in the interests of all concerned. You should obtain accurate statements before memories fade.  There is no time to be lost.  The task at this point is not to conduct a detailed investigation, but to review the situation and simply to decide whether or not the case should proceed.

4.4.2        Sometimes as a result of your Initial Enquiry you may realise that, although the problems are real enough, their root cause does not lie in the disciplinary realm but rather that specialised pastoral help is needed.   On other occasions allegations may have been made mischievously or maliciously.  In such situations, save in exceptional cases, it would not be appropriate for the Group to refer the case into the Commission Stage, which is the next part of the Process and is explained in Section 5 of these Guidelines.  Should you reach this conclusion, you must follow the procedure outlined in Paragraph 4.6.1 below.

4.4.3        This Paragraph contains an important caveat.   There may be times when you feel that an informal warning to the minister or the imposition of a particular condition upon him/her would be sufficient.  BUT you have no authority to issue such a warning nor to impose any condition on him/her, as this would compromise your own distinctive ‘non-pastoral’ role within the Disciplinary Process. (13)   Furthermore, it could defeat the object of dealing with the “Initial Enquiry” stage expeditiously. Therefore under no circumstances must you depart from your strict terms of reference as laid down for Mandated Groups in Section B of the Disciplinary Process, particularly Paragraphs B.8 and B.9.

4.5           Both before and after the issue of the Referral Notice, you will, as a group, need to conduct interviews with the minister and others involved, and the following points should be noted:-

4.5.1        When requesting anyone to attend an interview, you should make it clear that the person concerned can decline to be interviewed or, if agreeing to attend, that s/he may terminate the interview at any time.   

4.5.2        At the same time you should also inform the minister or other interviewee that s/he may have a friend present with him/her at any interview. (14)    If interviews have to take place with children, the presence of another party, e.g. parent, guardian, social worker, friend or counsellor, is essential.  Always make sure that you give plenty of notice of this.

4.5.3        When making the appointment, you must stress that the whole of the Disciplinary Process is protected by confidentiality.  This is essential in the interests of natural justice in order to ensure a fair Hearing for the minister.  It should be pointed out when the appointment for the interview is made and repeated at the outset of each interview that discussion of the case with people not directly involved in the Disciplinary Process might prejudice the chance of a fair Hearing.   However, you should also inform those being interviewed that anything disclosed during the interview may be presented at the Hearing as evidence.

4.5.4        When interviewing the minister and other witnesses all three of you (but never less than two) should make every effort to be present.  This is to ensure that the record of the meeting is accurate, and to afford protection against any criticism that one member of the Group acting alone might have conducted the interview improperly or misunderstood or misrepresented the evidence given by the person being interviewed.

4.5.5        You must be courteous and fair and not intimidatory, your aim being to create a relaxed and informal atmosphere so that the person being interviewed does not feel under pressure.

4.5.6        When you interview a person who provides information which in your view supports the case against the minister, you should ask whether s/he would be willing to attend the Hearing if required to do so.   Unlike the courts of law, there is no power under the Disciplinary Process to subpoena witnesses to attend to give evidence.   Therefore you cannot fully assess the strength of the case unless you know who will and who will not be prepared to attend the Hearing, and it is as well to find this out as early as possible (although it should be noted that witnesses can of course change their minds later).

4.5.7        You should prepare a written summary of the discussion and invite the interviewee at the conclusion of the interview to read the statement and, if satisfied with it, to sign it.   You should then also sign it.   If the interviewee is unwilling to sign the statement, you should invite him/her to state why and, if appropriate make any necessary amendments to resolve any reasonable and proper concerns which s/he may have.   If s/he still refuses to sign, you should add an explanatory note at the end of the statement and then you should sign it, so long as you are satisfied that it represents a fair and accurate summary of the discussion.   In the event of an interviewee being unable or unwilling to attend the Hearing, the importance of a written statement cannot be over-emphasised.

4.6           Bearing in mind what has been said at Paragraph 4.3.1, you must aim to bring your initial enquiry to a conclusion as quickly as possible in one of two ways:- (15)

4.6.1        If you believe that there are no grounds or insufficient grounds for pursuing the matter further, you must immediately serve on the Synod Moderator (or other person who called you in) a notice to this effect (called a ‘Notice of Non-Continuance’). (16)  Once you have served this notice, you are discharged from any further involvement in the matter except that you are required to make a written report of your conduct of the case to the Secretary of the Assembly Commission. (17)   It is the responsibility of the Synod Moderator to tell the minister that the case is not proceeding. (18)

4.6.2        If however you decide that the case should proceed, you must follow the Referral Notice and Suspension procedure explained in Section 5 of these Guidelines.  (19)

4.7        You may occasionally find yourselves involved in a case where the minister was first considered within the Incapacity Procedure (Section P of the Manual) but later brought within the Disciplinary Process instead.   If so, you are asked to pay careful attention to any special factors which may be present. (20)


5
The Referral Notice and Suspension of Minister

5.1        If as a Group you believe that there is a prima facie case against the minister you should issue a Referral Notice using the form provided. (21)   The Process then moves into the Commission Stage.

5.2.1        When you issue the Referral Notice you must at the same time suspend the minister (22) from active involvement within his/her pastorate or other sphere of work within the Church.  There is no discretion as to whether or not to suspend.  Nor do you have authority to suspend a minister without issuing a Referral Notice, although in urgent cases you may notify the minister orally of his/her suspension so long as you immediately follow this up by issuing the Referral Notice and the written Notice of Suspension.  Suspension is regarded as a necessary part of the Process and does not carry any pejorative implications. (23)

5.2.2        Occasionally you may find that the Moderator has already suspended the minister under emergency powers. (24)   In such a case, at the same time as you issue the Referral Notice, you must also give the minister written notice that his/her suspension will continue during the Commission Stage (25)

5.2.3        When issuing the Referral Notice and suspending the minister, you must also inform the person who called your Group in (usually the Synod Moderator) and it is his/her responsibility, not yours, to take, or make arrangements for, such pastoral steps as may be appropriate. (26)

5.3           The Referral Notice must always relate the perceived breaches of discipline to the ordination/commissioning promises and must contain as full a statement as possible of the reasons why you believe that a breach of Discipline has or may have occurred.   You should also include in this statement a summary of the supporting information which has led you to issue the Referral Notice (27), although you do not have to state in the Referral Notice the names of the complainant and any other persons who may have supplied the information.  This summary will tell the minister at an early stage what allegations are being made against him/her and it might also avoid the need for an application at a later stage to admit information not contained in the Referral Notice, which in turn might delay bringing the matter to a Hearing.  Note that you must include on the Referral Notice details of any Outside Organisation (28) which has been informed of the minister's Suspension.  (This last term is defined in Paragraph A.5.28 as:  "any body or organisation outside the Church by which the minister is employed or with which the minister holds any position or post or has any involvement, paid or unpaid, where such body or organisation would have a reasonable and proper expectation of being made aware of the particular step(s) being taken".  This will be an organisation with which the minister has a relationship, perhaps directly through the work of his/her church or because s/he is, for example, chaplain to a hospital, school or prison or is involved with any of the uniformed organisations such as Scouts or Guides.) The Synod Moderator (or the person who called you in if this is someone different) will be able to tell you if any such organisation is involved.

5.4           For the procedure to run smoothly and promptly, it is essential for the Secretary of the Assembly Commission to have one, and only one, contact point with the Mandated Group.  For this reason you are asked to state in the Referral Notice the name and address of the member of the Mandated Group who will accept service of documents on behalf of the Group.  As the Joint Panel member will be playing the leading role in the work of the Mandated Group, it is expected that s/he will be named as the contact person and that s/he will sign the Referral Notice.  If you fail to include this information, the member of the Mandated Group who signs the Referral Notice is the one to accept service of documents.  The Secretary of the Assembly Commission will liaise with that person. (29)

5.5           In most cases the Mandated Group will be called in to represent the Synod.  However the Rules also provide for the calling in of a Mandated Group on behalf of General Assembly, and if this should apply to your Group please note the few minor changes in the procedures. (30)

6
The Commission Stage - A. Before the Hearing

6.1           Once the Referral Notice has been issued, every case will ultimately be brought to an Assembly Commission for decision.  You will have the task of investigating the matter (31) and then of presenting the case against the minister at the Hearing itself. (32)

6.2           The Secretary of the Assembly Commission is appointed by the General Assembly to deal with the procedural and administrative aspects of Disciplinary cases. S/he is not a member of the Assembly Commission, and his/her task is to see that the correct formalities are complied with.  S/he is the Mandated Group’s link with the Assembly Commission in the steps that have to be taken prior to the Hearing.

6.3           At the outset of the Commission Stage, an Assembly Commission consisting of five persons will be appointed from the Commission Panel to hear the case. (33)  You and the minister both have the right to object to the appointment of any of the proposed appointees to the Assembly Commission or to its Secretary on the ground of personal or pastoral involvement. (34) (See also Paragraph 4.1 of these Guidelines).

6.4           Natural justice demands that the minister should be made fully aware of the accusations laid against him/her; that s/he should have the opportunity to answer those accusations and that s/he should receive a fair hearing.  All these matters have been taken into account in deciding the timescale for the steps leading up to the Hearing.  The result is that several months may elapse between the date of the Referral Notice and the date of the Hearing.  This allows time for the proper appointment of the Assembly Commission, for the pre-hearing procedures to be dealt with and for both parties to prepare for the Hearing. (35)

6.5           In conducting your investigation you must always act in a fair-minded way without any prejudice for or against either the minister or those making the allegations and your enquiries during the Commission Stage will need to be detailed and painstaking.  In your investigation of the facts and your presentation of the case at the Hearing you must not be aggressive towards the minister or his/her witnesses.  Nor should you only carry out a desultory or superficial investigation and ignore important facts or shy away from sensitive areas because, for example, you might feel sorry for the minister or his/her family and/or be apprehensive about the upheaval and resentment which detailed personal questioning might cause.   You should also bear in mind that if information comes to light which may assist the minister this should be passed on to the minister via the Secretary of the Assembly Commission.   Objectivity, fairness and thoroughness must be the hallmarks of your work.

6.6.1        You should concentrate on the matters referred to in the allegations contained in the Statement of Reasons set out in the Referral Notice.  It is not part of your brief to investigate other aspects of the minister's life.  However, if in the course of the questioning other facts emerge which you believe might have a bearing on the case (including any such occurring during the Commission Stage), you may approach the Secretary of the Assembly Commission to ask the Commission to exercise its discretion to allow consideration of these matters as part of the case. (36)

6.6.2        Sometimes it may seem to you both before and during the Commission Stage, and even at the Hearing itself, that the minister is acting in an unco-operative or unacceptable manner, either in relation to the Disciplinary Process itself or more generally.  If so, your spokesperson is entitled when presenting your case to ask the Assembly Commission to take such conduct into account when considering its decision.  The minister has reciprocal rights against a Mandated Group which s/he believes to be similarly infringing the Rules of Procedure contained in the Process. (37)

6.7           You need to be aware of the issue of defamation.  Some of the statements made about the minister or other persons involved in the disciplinary matter could in themselves be defamatory and, if untrue, could lay the person making them open to an action for defamation.  The statements are protected if made without malice and for the sole purpose of the Disciplinary Process.

6.8           Criminal Cases.  Cases will sometimes come into the Disciplinary Process where a minister is subject to criminal investigation, and in some cases criminal charges may have already been brought against him/her.  In these situations there could be serious consequences if you do not follow the correct procedures which are explained in detail in Appendix I of these Guidelines.  Please study both Appendix I of these Guidelines and Paragraph E.7 of the Process itself with especial care.

6.9           Having carried out a detailed investigation, you should prepare for the Hearing by examining all the information which has been gathered. You will need to consider the reliability of each item of information and how pertinent it is to the case against the minister.   There are many reasons why evidence might not be reliable.  A few examples might be - a person’s emotional state, some degree of personal animosity, inconsistencies in information supplied, a witness quite simply saying that, whilst believing that such-and-such happened, s/he cannot be absolutely sure.

6.10         The burden of proving the case falls on the Mandated Group (38) and the standard of proof required is the civil standard of “balance of probability”, not the criminal standard of “beyond reasonable doubt”. (39)

6.11.1        Having carefully examined all the information and discarded any which you consider to be unreliable or irrelevant, you should then consider the inferences to be drawn from the reliable, relevant evidence.  Do they, in your view, lead to a conclusion on the balance of probability that the minister has broken the promises made at Ordination to lead a holy life and to preserve the unity and peace of the Church? (1)   This is the first principle stated in Section 1 of these Guidelines.  If you do reach that conclusion you have a further question to consider.  Do you believe that the breach of discipline is sufficiently serious to justify deletion from the Roll (40) or would a written warning be sufficient? (41)   The final decision rests with the Assembly Commission, but you should ensure that your spokesperson fully expresses your view on the seriousness of any perceived breach of discipline at the Hearing.

6.11.2     As stated in the last paragraph, the conduct of the minister is to be judged in the light of the promises made at ordination.   What if the conduct complained of occurred prior to ordination?   In that situation the issue is whether that conduct was disclosed to those responsible for assessing him/her as a candidate for ministry (42).

6.11.3    It cannot be stressed too strongly that, in presenting the evidence before the Assembly Commission at the Hearing, you should make every effort to ensure that your witnesses are there at the Hearing in person.  This will give you the opportunity of taking them through the evidence thoroughly and will also enable the minister or his/her spokesperson to ask them questions and, if appropriate, to challenge their version of events.  Also it will give the members of the Assembly Commission the chance to assess their credibility as witnesses.  All this is important in ensuring that the minister receives a fair hearing.

6.11.4     There may be exceptional circumstances where it is impossible or very difficult or, in your opinion, inadvisable for you to bring a particular party to the Hearing.  In this event, you should contact the Secretary of the Assembly Commission, explain the reasons and ask the Assembly Commission for special permission to dispense with that person's attendance and allow a written statement or video or other type of recording to be accepted instead (43) (This links with Paragraph 4.5.7).  However, even if the Assembly Commission agrees to dispense with the person's attendance, it is unlikely to attach as much weight to evidence which relies on written statements etc. as to that given first hand by a witness who attends the Hearing.

6.12.1      After you have carefully assessed the information and weighed up both its reliability and its pertinence to the central issue of whether or not the minister has committed a breach of discipline, you will then need to prepare a list of witnesses and make sure that those persons will be able to attend the Hearing in person.

6.12.2      Your correspondent (see Paragraph 5.4 above) must in advance of the Hearing lodge with the Secretary of the Assembly Commission copies of the documents, statements and information to which you intend to refer at the Hearing (44) and a list of the witnesses you intend to call to give evidence (45).  The statement which you provide to the Assembly Commission should include an account of material events related to the case covering both the chronology and the location of incidents.  This will provide a framework for the evidence which you will present.

6.13.1      An important step which you have to take before the Hearing is to appoint a spokesperson to present the case against the minister to the Assembly Commission at the Hearing.  You will most likely choose one member of the Group to perform this task but you may instead appoint a separate spokesperson if you so wish.  Prior to the Hearing date you must inform the Secretary of the Assembly Commission of the name and status of your spokesperson. (46)   You must not appoint anyone to act as spokesperson who could not serve as a member of your Mandated Group for the reasons explained in Paragraph 4.1 of these Guidelines. (47)

6.13.2      When all the investigation work has been completed, the spokesperson should prepare for the Hearing itself by spending some time reading all the statements and papers, “mulling over” the salient facts and considering the sort of questions which s/he should put to the witnesses in evidence at the Hearing.

6.14         Sometimes there may seem at first sight to be a strong case, but when you investigate further it may become apparent to you that the evidence is unreliable or not substantial enough to support a case that the minister has committed a breach of discipline.  In this event, you may give written notice to the Secretary of the Assembly Commission in advance of the Hearing that as a result of your investigation you do not intend to press the case against the minister.  The Assembly Commission will then in consultation together and entirely at its own discretion decide whether the formal Hearing should nonetheless take place or whether it can be dispensed with.  In the latter case the Assembly Commission’s ruling would be that no breach of discipline had occurred and that the minister’s name be retained on the Roll. (48)

Guidelines for a Minister or Church-Related Community Worker (CRCW) who is the subject of the Ministerial Disciplinary Process

The United Reformed Church                                                               

The Ministerial Disciplinary Process (the Section O Process)          September 2011

GUIDELINES FOR A MINISTER OR CHURCH-RELATED COMMUNITY WORKER (CRCW) who is the subject of the Ministerial Disciplinary Process the (Section O Process)

This is an advisory document, made available by the Mission Council’s Ministerial Incapacity and Discipline (MIND) Advisory Group. It does not carry the authority of the General Assembly and, in every respect, it is subject to the Disciplinary Process. It is intended to provide general guidance to the minister.

The Disciplinary Process was approved by General Assembly in 1997 in order to provide the Church with a means of resolving issues affecting the conduct of ministers of the United Reformed Church which could not be resolved by any other means.   Subsequently Church Related Community Workers have been brought within the scope of the Process.

The minister’s/CRCW’s conduct is to be judged applying the standard of proof of “balance of probabilities” against the promises made at ordination/commissioning.

A flowchart has been prepared which charts the progress of a disciplinary case from start to finish.   This can be found on the Church’s website www.urc.org.uk.

Note that the Disciplinary Process applies to Ministers of Word and Sacrament and to Church-Related Community Workers (CRCWs). For brevity these Guidelines refer, on the whole, to ministers. You should take it that all such references apply also to CRCWs.

• You have been told, probably by your Synod Moderator, that you are the subject of a complaint or allegation concerning your conduct.   Whether or not this news comes as a shock, you will need to understand the Disciplinary Process and the roles of all the people involved - and you will need support.
• If you serve in an ecumenical situation or are not currently holding a Church appointment or are retired, you are still, as a minister or CRCW of the United Reformed Church, subject to the Disciplinary Process.
• So that you are properly informed about the Disciplinary Process, please ask your Synod Moderator or Synod Office for an up to date copy of the Disciplinary Process.  It is also available on the church’s website: www.urc.org.uk
• Forms have been specially prepared to help you at the various stages in the Process and they have recently been comprehensively updated.  As and when you need to take some step in the Procedure you will be supplied with the particular form to complete which is appropriate at that point.
• Throughout the Disciplinary Process many words and phrases are used which have special meanings in the context of the Disciplinary Process. These are all set out in Paragraph A.5 of Part II and you must study that Paragraph and make sure that you understand those meanings.
• The Disciplinary Process has been carefully set up to ensure your rights, to recognise the pastoral role of the Moderator and the Synod, as well as to establish separate bodies to reach a conclusion about your ministry or service in the light of the complaint or allegation.
• Because you will need considerable support, you should think carefully about someone who might act as your friend, walking with you throughout the whole process, giving you support and practical guidance in helping you to prepare your case, and perhaps even speaking for you at any hearing. You may of course have someone who, you believe, will be able to help you in this way.  However, Mission Council has appointed Reverend David Skitt (his contact details are in the Church's National Year Book) to give general guidance and help to ministers who find themselves in the Disciplinary Process.  You should be aware that he will not be providing legal advice. You may wish to take legal advice which would be at your own expense. If so your solicitor will need to be provided with a copy of the Disciplinary Process.
• It is possible that, from the outset, you will be suspended from ministry or, in the case of CRCWs, service. This will definitely happen if you are referred into the Commission Stage of the Disciplinary Process. It might not seem like it to you but suspension carries with it no judgement about the rights and wrongs of the case. Its purpose is to remove you from the situation so that the case can be judged fairly and objectively. Suspension does not affect your rights under the Plan for Partnership.  If the case is not proved, the suspension will be lifted.
• One of the requirements designed to protect your rights is that the Process is undertaken in a confidential way. Because of the allegation your conduct is under scrutiny and it would be damaging to you if the details were made public but, after inquiry, the case is not proved. Local churches, in particular, are anxious to know what is happening.  The Synod Moderator may make a general statement to explain the procedure which will not contain any details of the substance of the case.
• In 2008 General Assembly introduced a procedure (known as the Incapacity Procedure and to be found at Section P of the Manual) to be used as a last resort in the handling of cases of incapacity involving ministers and CRCWs "who are regarded as being incapable of exercising, or of continuing to exercise, their respective ministries on account of; (i) medical and/or psychiatric illness and/or; (ii) psychological disorder and/or; (iii) addiction" (Paragraph 1 of Part I of the Incapacity Procedure to be found at Section P of the Church’s Manual).  That procedure is quite distinct from the Disciplinary Process in that it does not imply any blame on the part of the minister/CRCW.

You may need to be aware of the Incapacity Procedure for two reasons.   First, it may be that a Review Commission or Appeals Review Commission has been considering your case under that Procedure and has recommended the Synod Moderator to begin the Disciplinary Process and that the Moderator has acted upon that recommendation.   Secondly, if you are already involved as the minister in a disciplinary case and you feel that the incapacity criteria set out above might have any relevance to your situation, you may raise the matter with your Synod Moderator or the Mandated Group (before the issue of a Referral Notice) or with the Secretary of the Assembly Commission (if a Referral Notice has already been issued).   As this is a complicated area, you may wish to refer to Revd David Skitt for help and guidance (see earlier bullet point).

• It sometimes seems as if working through the Process takes too long. However, it is carried out as quickly as is possible, remembering that there are different stages to be worked through and time must be allowed for each of these. Also the parties must be allowed reasonable time to prepare their cases. Again, this is to protect your rights. Of course if you are subject to a criminal investigation the length of time required to work through the Process is out of the hands of the Church.
• Although you are free to conduct your own case entirely as you think best, it will always be to your advantage to co-operate fully in the procedural aspects of the Process.
• Your Synod Moderator and the Synod will wish to exercise continued pastoral care for you and your family. The Synod will also have the needs of the pastorate very much in mind. The Disciplinary Process has been very carefully drafted so as to ensure that nothing is allowed to interfere with these important pastoral concerns. This is why, once you have been referred into the Commission Stage, neither the Moderator nor the Synod is involved in the Disciplinary Process.

The Steps in the Process

References preceding each paragraph are to the relevant paragraphs of the Disciplinary Process, which is divided into two parts. Part I sets out the principles. Part II gives the definitions and details of the procedures, e.g. to find the definition of the Commission Stage”, look at II/A.5.9 (Part II paragraph A.5.9)

I/1.1

1.         The object of the Process is to reach a decision as to whether there has been a breach of discipline.  Under the Process you have the opportunity of responding to the allegations made against you.  However, if the decision is that there has in fact been a breach of discipline, a further decision has to be taken as to whether to delete your name from the Roll of Ministers or CRCWs or, alternatively, give you a written warning.

I/4

2.         The standard by which you will be judged will be the ordination/commissioning promises set out in the Basis of Union, to which you gave your assent at your ordination or commissioning and any subsequent induction. Note that any conduct which occurred before your ordination or commissioning that you did not disclose when candidating and which, if known, might have prevented your ordination or commissioning will be taken into account.

3.         Your Synod Moderator will usually be the first to hear of serious concerns about your ministry or of a complaint or allegation against you, although often s/he will have been working alongside the appropriate officers of the Synod. The Moderator will talk to you, informing you of the matter, listening to your response and deciding whether s/he should treat what has occurred as a disciplinary matter. However, even if s/he should so decide, the pastoral care and support which will be needed by you and your spouse and family, and the different, but necessary, support needed by your pastorate, will be maintained throughout by the Moderator and those responsible for pastoral care within the Synod.

II/A.5.14

4.         If the Synod Moderator decides to invoke the Disciplinary Process, s/he must first consider whether there is any issue involving Gross Misconduct (as alleged or admitted) in which case s/he must call in the Mandated Group to carry out its Initial Enquiry.  The most obvious examples of Gross Misconduct would be any abusive conduct, conduct with a sexual connotation, fraud or any conduct which could amount to a criminal offence.

II/B.7, B.8

5.         Information as to possible Gross Misconduct might reach the Synod Moderator either from a voluntary confession on your part or as a result of concerns expressed by the Church Elders or a complaint from a third party which the Moderator considers to be sufficiently reliable and serious to justify disciplinary investigations through the Disciplinary Process.  In such a case, the Synod Moderator would suspend you with immediate effect and call in the Mandated Group thus moving straight to Section B of Part II of the Process.

II/A.5.7, A.5.41, AA.1.1/2, AA.2.1

6.         Alternatively where there is no evidence of Gross Misconduct, those responsible for pastoral care within the Synod, working with the Synod Moderator, may nevertheless come to realise, possibly after a period of increasing concern and anxiety, that, either due to deliberate intent or a blatant lack of care and concern, you are failing to live up to your ordination promises and that this in turn is causing significant damage within your pastorate and/or other areas of your ministry.  In such a case, the Synod Moderator would begin the Disciplinary Process by calling in two persons known as "Synod Appointees" to carry out an investigation under what is described as the "Caution Stage".  So you must realise that, should you be referred into the Caution Stage, you have become the subject of disciplinary proceedings.

II/AA.4, AA.6, AA.7

7.         During this investigation they will be considering with you what have been perceived as shortcomings in your ministry.  This is to be regarded as a constructive piece of work designed to help you but you must be aware that it is part of the Disciplinary Process and that the Synod Appointees have the authority to back up their proposals by a series of Cautions (Initial and Final). The purpose of these Cautions is to warn you that, unless the Cautions are heeded and the expected improvements are made, you are putting your ministerial status at risk as the Process will move inevitably forward to a final hearing before an Assembly Commission.  It is therefore very much in your interest to co-operate with the Synod Appointees and to help to work out a satisfactory solution which will be to the benefit of everyone concerned.

II/AA.5.1, AA.6.4.1, AA.7.4.1

8.         Thus it is to be hoped that at the end of the Caution Stage the Synod Appointees will recommend to the Synod Moderator that no further disciplinary action is required. 

II/AA.5.3.1, AA.6.3.1, AA.6.4.3.1, AA.7.3.1, AA.7.4.2

9          If, however, they remain unsatisfied, they may decide to recommend that the Synod Moderator should call in the Mandated Group to carry out their own Initial Enquiry (as to which see paragraph 12).  This moves the Disciplinary Process on to the next stage.

10.       There are therefore two situations in which the Synod Moderator might call in a Mandated Group to commence its Initial Enquiry.  The first is if s/he believes that there might be an issue of Gross Misconduct (as to which see paragraph 4 above) and the second arises as a result of a recommendation from the Synod Appointees at the end of the Caution Stage (as to which see the previous paragraph).

11.       The Members of the Mandated Group have no pastoral role and their responsibilities lie entirely within the Disciplinary Process.  In calling in the Mandated Group, the Synod Moderator is not making any judgment.  S/he is simply setting the enquiries in motion, to enable the matter to be resolved through the Disciplinary Process.

II/B.7.1/5, B.9.1/3

12.       Suspension means that you will remain on the Roll of Ministers or of CRCWs and continue to receive support due under the Plan for Partnership. However you will not be allowed to act or present yourself as a minister or CRCW. (See also the Basis of Union Schedule E paragraphs 3 & 4 and Schedule F Part II, paragraphs 3 and 4)

II/B.8.1/2

13.       The first task of the Mandated Group is to carry out an Initial Inquiry during which you should expect to be interviewed.   You may have a friend present with you at that interview.  The purpose of the Enquiry is to decide if the matter merits fuller investigation under the Disciplinary Process. If not, then it would be ended there and then or dealt with as a pastoral matter.

II/B.8.3, B.9.1/4, D

14.       If the matter is not ended with the Initial Enquiry and is referred into the next stage of the Disciplinary Process, it enters the Commission Stage. If you have not already been suspended this must occur at this point. The complaints will be shown on the Referral Notice a copy of which you will receive. When you are suspended the local church, the Synod Clerk, the General Secretary, The URC's Press Officer, the Secretary for Ministries and any relevant Outside Organisation(s) will be informed, but they will not be told the reason for it. The Mandated Group will now make a fuller investigation.

II/A.5.28, A.5.30

15.       You may be concerned about some of the people and groups who will be informed about your suspension. In this context "Outside Organisation" means: "any body or organisation outside the Church by which the Minister is employed or with which the Minister holds any position or post or has any involvement, paid or unpaid, where such body or organisation would have a reasonable and proper expectation of being made aware of the particular step(s) being taken". This will be an organisation with which you have a relationship, perhaps directly through the work of your church or because you are, for example, chaplain to a hospital, school or prison or are involved with any of the uniformed organisations such as Scouts or Guides. The reason for informing the Press Officer at Church House is so that s/he is able to respond appropriately to any approaches from the media. S/he will not initiate contact with the press about your case.

II/C.3, C.5

16.       At the same time, preparations will be made to set up an Assembly Commission. This consists of five persons from a panel chosen by the General Assembly. These members will not have any personal connection with you or your Synod and you will be consulted in case you have any objections to any person chosen.

II/E.7

17.       However, if you are subject to a criminal investigation, the Commission will delay hearing the case until the police and courts have completed their work. During this time, you will remain under suspension.

II/E.3

18.       While this investigation and preparation goes on, you should be preparing your case in readiness for the Hearing and, if you wish, arranging to bring witnesses. To ensure that you have the chance to prepare adequately, the Mandated Group's case will be disclosed to you.  The same of course applies in reverse and your case will be disclosed to the Mandated Group.  The Secretary for the Assembly Commission will be responsible for receiving, copying and sending out all papers. 

II/E.5.3.1 - E.5.3.21

19.       During the Commission Stage it might happen that the Assembly Commission or Appeals Commission decides to refer your case back to whoever called in the Mandated Group with a recommendation that the Incapacity Procedure should be commenced. If this happens you will have the opportunity to appeal against the reference back if you so wish.

II/E.10, E.12.1

20.       The Hearing is private and confidential. You may contact the Secretary of the Assembly Commission for guidance on procedure. You may wish to bring a friend (see bullet point seven on page one of these Guidelines) who may not only support you but speak on your behalf at the Hearing. You should remember, however, that only one person can speak for you. If it is your friend, then you must remain silent (and vice versa). The friend could be your legal adviser.

II/E.12.1

21.       There will be present at the Hearing the five members of the Commission, one of whom will act as Convener, the Secretary of the Commission, who makes all the arrangements, the church’s legal adviser, the Mandated Group and their spokesperson, you and your friend. There may also be a technician who will record the proceedings. If there are witnesses, they will normally be present only for the time they give evidence. It is important that you check the procedure well in advance of the day.  For a better understanding of the procedure which will be followed at the Hearing, please see Appendix I of these Guidelines.

I/5.1, F.7.2, G.1

22.       If you or the Mandated Group decide to appeal, notice must be given within 21 days. There is no discretion to allow any extension of this time. Only when the 21 days is up without an Appeal, or when the decision of the Appeals Commission is made, is the matter finally resolved. There is no further appeal to the General Assembly. Where the decision is to allow your name to remain on the Roll of Ministers and no written warning has been issued, if both you and the Mandated Group choose you can waive the right to appeal, which means that the matter can be resolved sooner.

II/G.9, G.11

23.       The Appeals Commission is limited in what it may consider and, normally, new evidence is not admitted. Appeals are heard in another Hearing with a different Commission membership and with the General Secretary acting in place of the Commission Secretary. The range of decisions open to the Appeals Commission is fully set out.

II/J.3

24.       The costs of your incidental expenses and those of your witnesses will be met but the Church will not be responsible for any professional costs which you incur.

II/J.1

25.       A final report is made to the General Assembly. It is extremely brief and, unless the decision is to delete your name from the Roll, neither your name nor an identifying Synod will be mentioned.

APPENDIX 1 – Procedure at the Hearing

Here follow several extracts from Section 4 of the Guidelines for the Assembly Commission which explain the procedure at the Hearing in detail:

[You will appreciate that the words “you” and “your” in the extracts quoted below refer to the members of the Assembly Commission for whom the Guidelines were written.]

The above guidance is no substitute for the careful study of the Basis of Union, (Schedule E for ministers and Schedule F for CRCWs) and the Disciplinary Process

Guidelines for Secretary and Convener of Assembly Commission

The United Reformed Church                                                         

The Ministerial Disciplinary Process (the Section O Process)    September 2011

GUIDELINES FOR SECRETARY AND CONVENER OF THE ASSEMBLY COMMISSION

This is an advisory document made available by the Mission Council’s Ministerial Incapacity and Discipline (MIND) Advisory Group.  It does not carry the authority of the General Assembly and, in every respect, it is subject to Parts I and II of the Disciplinary Process.                                                             

The Disciplinary Process was approved by General Assembly in 1997 in order to provide the Church with a means of resolving issues affecting the conduct of ministers of the United Reformed Church which could not be resolved by any other means.   Subsequently Church Related Community Workers have been brought within the scope of the Process.

The minister’s/CRCW’s conduct is to be judged applying the standard of proof of “balance of probabilities” against the promises made at ordination/commissioning.

A flowchart has been prepared which charts the progress of a disciplinary case from start to finish.   This can be found on the Church’s website www.urc.org.uk.

Note that the Disciplinary Process applies to Ministers of Word and Sacrament and to Church-Related Community Workers (CRCWs).  For brevity these notes refer, on the whole, to ministers.  You should take it that all such references apply also to CRCWs.

  Introduction

1.         These Guidelines are intended to assist with practical points which will arise as you move through an individual case.  At the very outset, you should establish a dialogue and be ready to consult each other at any time.

Before the Hearing

2.         The Secretary’s involvement begins with the receipt of the Referral Notice. You must study Part II Paragraph C.1 as to the steps to be taken and the people to be informed.

3.         Once the members of the Assembly Commission have been appointed, the Secretary is involved with them and with the parties under the procedure set out in Part II Paragraphs C.3, C.4 and C.5. 

4.            It is important for each member of the Assembly Commission to be provided with a copy of the latest versions of both the Disciplinary Process, Parts I and II and the Guidelines for the Assembly Commission.   As these people are all volunteers, it is not reasonable to expect them to print out these lengthy documents from the church’s website and the Secretary should request the Disciplinary Process contact at Church House (currently Mandy Adams in Ministries) to supply each member with a copy of these documents.   

5.1       Venue for the Hearing.   At an appropriate point in the process and after consultation with all parties the Secretary will arrange a venue, date and time for the Hearing. 

5.2       The venue ought to be such as to preserve the confidentiality of the Hearing.      This means that it should not be on URC premises within the Synod in which the minister is serving, nor, probably, at Church House.

5.3       Currently the normal venue is in central London.  There may on occasion be exceptional circumstances when the Hearing has to be held outside London  - for example when an imprisoned minister wishes to be present.

5.4       Wherever the Hearing takes place, there must be available on the premises:

·         A good sized room for the actual Hearing.

·         Two smaller rooms, one for the use of the Mandated Group and the other for the use of the minister and friend.   In the more complex cases, these rooms will need to be big enough to accommodate the witnesses called by the two parties.

·         Facilities for morning coffee, a light lunch and afternoon tea.

5.5       The special needs of people with disabilities must be taken into account when you plan and administer hearings.   The Council on Tribunals has published a Checklist and Code of Practice called ‘Access for Disabled People Using Tribunals’ which you should consult.

6.         The Assembly Commission Guidelines deal in detail with the procedural steps between the issue of the Referral Notice and the Hearing.  Experience has shown that in almost every case some unusual factor will arise which may not sit easily with the Rules of Procedure.  So here are four golden rules to help you:

Do not be pressured or panicked into agreeing a course of action which you have not fully thought through and which might have unexpected, and possibly unpleasant, consequences.  It is very rare that the answer to any question has to be given instantaneously without a period of at least 24 hours for reflection and consultation.  Unless therefore the point is a simple one and you feel very confident that you can give an immediate answer, tell the enquirer that you will consider the matter and promise to contact him/her again as soon as you are able to provide a clear response.  

This leads on to the second golden rule about the importance of consultation.  The Secretary and Convener should never feel alone and unsupported and should be in regular consultation with each other.  If a point has arisen with which you do not feel that you can deal adequately by yourselves, you should consult more widely with all or any of the persons below:

(i)            the remaining members of the Assembly Commission

(ii)          the legal adviser

(iii)         the Press Officer, where any issue of publicity arises

(iv)         the Deputy General Secretary (unless s/he called in the Mandated Group) (in addition to the Press Officer), but only where the issue is serious and involves the Church as a whole and/or where a complainant is threatening to go to the Press with a story which could damage the good name of the Church or where such a story has already broken.  

Consultation is essentially a flexible two-way process.   There will be occasions, however, where the need to consult will take the form of a request for advice on a specific issue, rather than more general discussion.   In such a situation, the request would normally proceed from the Convener to the Secretary and from the Secretary to the legal adviser, rather than in the reverse order.

·         The third golden rule is that the rules of procedure are there to provide a framework, not a straitjacket (See particularly Part II Paragraphs  A.2 and A.3).   So, in dealing with purely procedural points, you do not need to be hidebound.   Be prepared to relax the strict rules so long as this will not prejudice either party and if you think that this will help the case to proceed smoothly.

·         Fourthly you need to be aware of a hidden danger.  Sometimes one of the parties will consult you about what seems at first to be an innocuous point of procedure.   However, as the discussion proceeds, you begin to realise that you are being invited to express opinions about the merits of the case.   You may even find yourself offering some advice as to how that party should best present the case, (e.g. choice of witnesses or mode of presentation).

Do not fall into this trap!    Always remain completely objective and restrict the help which you provide to the purely procedural.   Why is this so important?   Because the very essence of the Disciplinary Process is natural justice and a fair hearing for both parties.  So for the Secretary or the Convener to offer help over and above the purely procedural gives one party a distinct advantage over the other and seriously jeopardises the prospect of a fair hearing.  If the Mandated Group needs guidance about presenting their case, advise them that they may contact the person who is authorised by Mission Council to give such guidance (presently the Revd Alison Davis).   If the minister requires similar assistance, advise him/her that s/he may contact the person authorised by Mission Council to provide that assistance (currently the Revd David Skitt).   In so doing, you must emphasise that they will give informal guidance only and not legal advice.  The Secretary will need to be ready to give Alison's/David’s contact details to the Mandated Group/minister if they are needed.  

7.         Special procedures apply where the minister is subject to a criminal charge or investigation.   These are set out in Part II Paragraph E.7 and are fully explained in the Guidelines for the Assembly Commission.  It is worth noting here, however, that it is up to the Secretary to ensure that the Disciplinary Process case is immediately adjourned pending the outcome of the criminal matter and that it is re-activated as soon as the latter has been disposed of.

8.         Sometimes when the case is in progress, an individual will write directly to the Secretary of the Assembly Commission about the case.   This action is based on a failure to appreciate that neither the Church itself nor the Assembly Commission actually conducts the investigation.   Depending on the contents of the letter, you might consider it appropriate, with the writer’s permission, to send copies of the letter to the parties.   If you felt that a potentially serious situation had arisen, you might feel that you should consult the Deputy General Secretary (unless s/he called in the Mandated Group).   In any case, you would be very well advised to discuss the letter first with the legal adviser and be guided by him/her as to what your course of action should be.   Most importantly, you should not yourself inform the members of the Assembly Commission of the existence of the letter.

9.         In cases where there has been little or no response from the minister in the preliminary stages and in particular where the minister has not confirmed that s/he is aware of the Hearing date, the Secretary should attempt to contact the minister before the Hearing date.   If you still cannot obtain a response, you should consult with the Convener who will need to consider (possibly after discussion with the other members of the Assembly Commission) whether to postpone the Hearing for further enquiries to be made.

10.       If the Assembly Commission should decide to refer the case back to the person who initiated it with the recommendation that the Incapacity Procedure should be invoked, the Secretary should pay particular attention to Part II, Paragraphs E.5.3.1/21 which set out the detailed procedure to be followed.   S/he will also find paragraph 3.14 of the Guidelines for the Assembly Commission helpful.

The Hearing

11.       Setting up the room for the hearing

·         There must be along one wall a table long enough to accommodate the five members of the Assembly Commission.

·         Depending on the size and shape of the room, tables for the other participants must be arranged in a circle or rectangle around and facing the Commission.   Take care to avoid an unduly adversarial lay-out.

·         On the left of the Commission, there should be a table for two, to accommodate the Secretary and the legal adviser.

·         On the left of the Secretary and legal adviser, there should be a table for the minister and his/her friend.

·         There should be a table for the three members of the Mandated Group.

·         Between the two parties and opposite the Convener of the Assembly  Commission, there should be a small table for each witness to sit at when called into the room to give evidence (each witness should only be present in the room whilst presenting his/her evidence).

(N.B. All this is made much clearer by a simple drawing, which can be sent to the venue before the Hearing.)

12.       At the beginning of the Hearing, the Convener should:

·         Explain housekeeping arrangements, such as fire escapes, health and safety matters, breaks, lunch arrangements, etc.

·         Identify the persons present

·         Introduce him/herself and the members of the Assembly Commission to the parties and explain the role of anyone else who is present (see Part II Paragraph E.12.1)

·         State that every member of the Assembly Commission and of the Mandated Group has confirmed that he/she has no ‘interest’ in the disciplinary matter about to be heard and that no objection to the involvement of any such persons in the Hearing has been received from the parties (see Part II Paragraph C.3).   If an objection has been received but not sustained, the Convener should state this.

·         Explain carefully the purpose of the Hearing (see Part II Paragraph  E.1), the procedure to be followed (see Part II Paragraphs E.13 to E.18) and what will happen when the Hearing has been concluded and the parties have left (see Part II Paragraph E.18)

·         Check that the members of the Assembly Commission and the parties all have copies of the pre-hearing documents

·         Give a general warning that, unlike a court of law, the Hearing before the Assembly Commission does not enjoy absolute privilege under the laws of defamation, and consequently that any malicious statement made during the Hearing which is untrue might amount to slander.

·         Read out the Referral Notice, ensuring that it is the final version which is before the Hearing.

13.       It is the Convener’s responsibility to hold things together so that the Hearing proceeds in an orderly manner.  You must remain in control, but do not act in a dictatorial or oppressive manner and, above all, make sure that everyone involved in the Hearing is treated with courtesy.  You must be particularly alert to prevent any attempt at browbeating or intimidation.

14.       The Secretary must also be alive to the dangers outlined in the last paragraph and it is your particular role to advise the Commission if you believe that either party is infringing the rules governing the conduct of the Hearing, e.g. if a spokesperson is attempting to ‘lead’ a witness or is intimidating witnesses for the other side or attempting to introduce irrelevant material. 

15.       When the Hearing is concluded and the parties have been dismissed, the Convener and the other members of the Commission must retire to consider their decision in the absence of the Secretary and Legal Adviser.  The Assembly Commission Guidelines go into considerable detail at Section 5 to explain the Commission’s role at this stage and the decisions open to it. 

16.       It cannot be stressed too strongly that the Convener in particular must fully understand all of this because neither the Secretary nor the legal adviser will be present during the Commission’s deliberations to point out any errors.  It is true that you can always call them in for advice, but you do not have to do this and consequently the built-in safeguard of their presence to pick up on any mistakes cannot be guaranteed.  Any misunderstandings by you of the scope of the Commission’s decision-making could have serious repercussions in the form of a miscarriage of justice and/or an acrimonious appeal and some criticism of your role as the Convener of the Assembly Commission.   So please take heed and make sure that both the Commission’s decision itself and the manner in which it is recorded are in every particular correctly based on the principles set out in Part I and the Rules of Procedure contained in Part II!

After the Hearing

17.       The Secretary must inform certain people of the decision.  This is set out in Part II Paragraphs F.5 and F.6.  Firstly, of course, the parties need to be told - this must be done within 10 days (Part II Paragraph F.5.1).  At the same time the General Secretary, the Synod Moderator, the Synod Clerk, the Press Officer and the Secretary for Ministries must be informed (Part II Paragraph F.6.1).  When all possibility of an appeal is past, the Secretary must inform any Outside Organisations about the result, and about any guidance appended to the decision which the Assembly Commission has expressly stated its wish to be passed on (see Part II Paragraph F.6.4).  In this context "Outside Organisation" means:  "any body or organisation outside the Church by which the minister is employed or with which the minister holds any position or post or has any involvement, paid or unpaid, where such body or organisation would have a reasonable and proper expectation of being made aware of the particular step(s) being taken (Part II, Paragraph A.5.28)".  This will be an organisation with which the minister has a relationship, perhaps directly through the work of his/her church or because s/he is, for example, chaplain to a hospital, school or prison or is involved with any of the uniformed organisations such as Scouts or Guides. 

18.       In the event of an appeal, the Secretary must inform the General Secretary and pass on to him/her the papers relating to the Assembly Commission Hearing (Part II Paragraph G.1.2.1).  S/he must also inform the persons referred to in Part II Paragraph F.6.1 (i.e. those listed in the fourth sentence of paragraph 17 above) that an appeal has been lodged (Part II Paragraph G.1.2.2).

Miscellaneous

19.       Under Part II Paragraph J.3 all the costs of operating the process are borne by the Church centrally, as are the reasonable and proper costs of the parties, including the attendance of a minister’s ‘supporter’ under Part II Paragraph E.10.1, but excluding the costs of any representation at the Hearing.  On the question of what constitutes ‘reasonable and proper costs’, the MIND Advisory Group has given the following guidance: that the minister may claim for the ‘reasonable’ costs of any pre-hearing visits to his/her presenter or supporter.   On all these matters, the Secretary has the right to question seemingly excessive claims and to exercise discretion as regards their payment.

20.       The Secretary is responsible for keeping a record of all decisions taken by the Assembly Commission and by the Appeals Commission (See Part II Paragraph J.4).

21.       To assist the MIND Advisory Group, the Secretary must provide an anonymous synopsis of all cases passing through the Disciplinary Process, including a verbatim record of the decision and of any guidance appended to the decision, but with all names and identifying information removed. 

22.       At the conclusion of the case (whether because a Notice of Non-Continuance has been issued or because the Assembly Commission (or Appeals Commission) has delivered its decision), the Mandated Group will provide a written report of its conduct of the case (see Part II Paragraph H.4).  The Secretary should remove from this all names and identifying information and then forward it to the MIND Advisory Group together with the synopsis described in paragraph 21 above.

Guidelines for Synod Appointees

The United Reformed Church                                                               

The Ministerial Disciplinary Process (the Section O Process)          September 2011

GUIDELINES FOR SYNOD APPOINTEES who act during the Caution Stage

These Guidelines have been prepared by Mission Council's Ministerial Incapacity Procedure and Disciplinary Process Advisory Group (MIND) to help you to understand the distinctive role which as a Synod Appointee you will play in the Disciplinary Process.  They take into account all the changes made up to and including April 2011.   This is an advisory document; it does not carry the authority of the General Assembly and, in every respect, it is subject to the Disciplinary Process the text of which always takes precedence over these Guidelines.  Make sure you have the latest version of the Disciplinary Process by your side when reading this.  It can be found on the Church’s website (http://www.urc.org.uk).

The Disciplinary Process was approved by General Assembly in 1997 in order to provide the Church with a means of resolving issues affecting the conduct of ministers of the United Reformed Church which could not be resolved by any other means.   Subsequently Church Related Community Workers have been brought within the scope of the Process.

The minister’s/CRCW’s conduct is to be judged applying the standard of proof of “balance of probabilities” against the promises made at ordination/commissioning.

A flowchart has been prepared which charts the progress of a disciplinary case from start to finish.   This can be found on the Church’s website www.urc.org.uk.

Note that the Disciplinary Process applies to Ministers of Word and Sacrament and to Church-Related Community Workers (CRCWs).  For brevity these notes refer, on the whole, to ministers.  You should take it that all such references apply also to CRCWs.