Category: Church of England

Guidance on Churchyard Regulations after Exhall – Law & Religion UK

Posted November 20th, 2023 in burials and cremation, Church of England, ecclesiastical law, news by tracey

‘On 16 June 2021 the Court of Arches handed down its reserved judgment Re St Giles Exhall [2021] EACC 1 on which we posted a Case Note. This appeal was prompted by the decision in Re St Giles, Exhall [2020] ECC Cov 1, where permission was denied for a faculty for a memorial stone to include the words “Inár gcroíthe go deo”: Irish Gaelic for “in our hearts forever”. In its judgment, the Arches Court considered the factors that Chancellors should take into account and apply in relation to schemes of delegation (a.k.a. “Churchyard Regulations”), and when determining faculty petitions concerning inscriptions in languages other than English.’

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Law & Religion UK, 20th November 2023

Source: lawandreligionuk.com

Church of England takes next step towards redress for abuse victims – The Independent

Posted November 15th, 2023 in abuse of position of trust, child abuse, children, Church of England, compensation, inquiries, news, sexual offences, victims by sally

‘The Church of England has taken its next step towards putting in place a “robust” scheme to deliver apologies and compensation to abuse victims.’

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The Independent, 15th November 2023

Source: www.independent.co.uk

Employment status of Church of England curates: Green v Lichfield DBF – Law & Religion UK

Posted August 31st, 2023 in autism, Church of England, clergy, disabled persons, employment, equality, human rights, news by tracey

‘In Reverend D Green v Lichfield Diocesan Board of Finance [2023] UKET 2409635/2022, the primary issue was the extent to which a stipendiary curate had standing to bring a claim before an Employment Tribunal.’

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Law & Religion UK, 25th August 2023

Source: lawandreligionuk.com

“Due regard” and statutory guidance-(I) – Law & Religion UK

Posted August 15th, 2023 in building law, Church of England, ecclesiastical law, faculties, news by sally

‘The requirement to have “due regard” to statutory guidance is an important obligation placed upon the various actors in both consistory court proceedings and tribunals considering the Clergy Discipline Measure. This post considers guidance produced under the Dioceses, Pastoral and Mission Measure 2007. Part II will address the authority of guidance; the application of guidance and sanctions; and Clergy Discipline and Safeguarding.’

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Law & Religion UK, 15th August 2023

Source: lawandreligionuk.com

“Spiritual abuse” – the “lessons learnt” reviews – Law & Religion UK

Posted August 1st, 2023 in Church of England, clergy, coercive & controlling behaviour, disciplinary procedures, news, reports by sally

‘On 21 July 2023, the Diocese of Oxford issued the Press Release Learning Lessons Review: Revd Michael Hall, (“the Hall Review”), concerning the safeguarding case review it commissioned in April 2022 into allegations of spiritual abuse connected with St Margaret’s, Tylers Green, High Wycombe between 1981 and 2000. The review was the most recent of such “lessons learnt” reviews from the Diocese[1] and provides a present-day perspective of the Church’s approach to spiritual abuse both during and after the events at St Margaret’s.’

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Law & Religion UK, 31st July 2023

Source: lawandreligionuk.com

Ex-Archbishop of York John Sentamu banned from preaching in Newcastle – BBC News

Posted July 31st, 2023 in abuse of position of trust, child abuse, children, Church of England, news, sexual offences, victims by tracey

‘The former Archbishop of York, John Sentamu, has been banned from preaching in Newcastle.’

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BBC News, 30th July 2023

Source: www.bbc.co.uk

IICSA Chair to develop proposals for CofE safeguarding – Law & Religion UK

Posted July 21st, 2023 in abuse of position of trust, child abuse, children, Church of England, inquiries, news, sexual offences by tracey

‘The Church of England has issued the following Press Release announcing that Professor Alexis Jay is to develop proposals for a fully independent structure for safeguarding scrutiny.’

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Law & Religion UK, 20th July 2023

Source: lawandreligionuk.com

Alternative to cremation announced – Law & Religion UK

Posted July 5th, 2023 in burials and cremation, Church of England, news by sally

‘On 3 July 2023, Resomation Ltd (“Natural Water Cremation”) issued a Press Release which announced:

“In a move that is set to revolutionise the way we say goodbye to loved ones, the UK’s leading funeral provider, Co-op Funeralcare, is set to pioneer the introduction of Resomation in the UK later this year. It will mark a major shift in UK funerals for more than 120 years, as the first alternative to burial or cremation since the introduction of the Cremation Act of 1902.”’

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Law & Religion UK, 4th July 2023

Source: lawandreligionuk.com

Mark Hill KC & Simon Lee: State, Churches and Chancel Repairs – Twenty Years On – UK Constitutional Law Association

Posted June 27th, 2023 in Church of England, ecclesiastical law, human rights, news, repairs by sally

‘Twenty years ago today, on 26 June 2003, each of the five Law Lords in Aston Cantlow v Wallbank [2004] 1 AC 546 gave separate, detailed opinions on a matter at the cusp of public law and private law. Was the Parochial Church Council (PCC) of a beautiful parish church in Warwickshire responsible for the cost of necessary repairs to its fabric, or were the owners of a neighbouring farm subject to chancel repair liability? The church of St John the Baptist, Aston Cantlow, some three miles outside Stratford-upon-Avon, dated from Saxon times. In the first Elizabethan era, it is where William Shakespeare’s parents were married. In the second Elizabethan era, it attracted a judicial inquiry into the very nature of the Church of England.’

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UK Constitutional Law Association, 26th June 2023

Source: ukconstitutionallaw.org

Mark Hill KC & Simon Lee: State, Churches and Chancel Repairs – Twenty Years On – UK Constitutional Law Association

Posted June 26th, 2023 in appeals, Church of England, constitutional law, Law Commission, news, repairs by tracey

‘Twenty years ago today, on 26 June 2003, each of the five Law Lords in Aston Cantlow v Wallbank [2004] 1 AC 546 gave separate, detailed opinions on a matter at the cusp of public law and private law. Was the Parochial Church Council (PCC) of a beautiful parish church in Warwickshire responsible for the cost of necessary repairs to its fabric, or were the owners of a neighbouring farm subject to chancel repair liability? The church of St John the Baptist, Aston Cantlow, some three miles outside Stratford-upon-Avon, dated from Saxon times. In the first Elizabethan era, it is where William Shakespeare’s parents were married. In the second Elizabethan era, it attracted a judicial inquiry into the very nature of the Church of England.’

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UK Constitutional Law Association , 26th June 2023

Source: ukconstitutionallaw.org

Church abuse victims risk new trauma over payout scheme – report – BBC News

Posted June 2nd, 2023 in abuse of position of trust, child abuse, children, Church of England, compensation, inquiries, mental health, news, psychiatric damage, sexual offences, victims by sally

‘A support scheme set up for Church of England abuse survivors risks re-traumatising victims, a report seen by the BBC has concluded.’

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BBC News, 1st June 2023

Source: www.bbc.co.uk

Government response to IICSA’s Final Report – Law & Religion UK

Posted May 26th, 2023 in child abuse, children, Church of England, government departments, news, reports, sexual offences by tracey

‘On 22 May, the Home Secretary made a statement on the Government’s response to the final report of the Independent Investigation into Child Sexual Abuse. She told the House of Commons that the Government had accepted the need to act on 19 of IICSA’s 20 recommendations (but see the response to Recommendation 3), though she also told the House that the Government’s response was not the final word. It should also be noted that “accepting the need to act” on a recommendation is not exactly the same as accepting the recommendation in full.’

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Law & Religion UK, 23rd May 2023

Source: lawandreligionuk.com

Lord Sentamu: Former Archbishop of York told to step down from Church – BBC News

Posted May 15th, 2023 in abuse of position of trust, child abuse, children, Church of England, clergy, news, professional conduct, sexual offences, victims by tracey

‘The former Archbishop of York has been forced to step down from his Church of England role after a review into how he handled a child sex abuse allegation.’

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BBC News, 14th May 2023

Source: www.bbc.co.uk

Sentamu rejects report findings that he failed to act on child sexual abuse claim – The Guardian

Posted May 12th, 2023 in child abuse, children, Church of England, complaints, disclosure, news, professional conduct, sexual offences by tracey

‘John Sentamu, the former archbishop of York, failed to act on disclosures that a Church of England vicar raped a 16-year-old boy, a report commissioned by the church has found.’

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The Guardian, 11th May 2023

Source: www.theguardian.com

School chaplaincy, sermons on sexuality – and employment law: Randall – Law & Religion UK

Posted March 10th, 2023 in appeals, Christianity, Church of England, disciplinary procedures, employment, employment tribunals, equality, freedom of expression, homosexuality, news, redundancy, religious discrimination, school children, sexual orientation discrimination, unfair dismissal by tracey

‘Trent College is a co-educational, independent day and boarding school. It is an Anglican foundation and a registered charity [36]. Its articles of association provide that the “Objects for which the company is established are: The advancement of education of boys and girls in England, Wales or elsewhere in accordance with the Protestant and Evangelical principles of the Church of England”. The Revd Dr Bernard Randall, an Anglican priest, was employed as the College’s Chaplain. In May 2019, he delivered two sermons to the pupils about “competing ideologies” which led to his summary dismissal on 30 August 2019. On appeal, he was reinstated, subject to compliance with various management instructions. He was subsequently dismissed by reason of redundancy on 10 November 2020.’

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Law & Religion UK, 7th March 2023

Source: lawandreligionuk.com

Amendments to the Treasure Act 1996 – and an ecclesiastical exemption – Law & Religion UK

Posted February 27th, 2023 in Church of England, codes of practice, news, treasure by sally

‘The Government has announced forthcoming changes to the Treasure Act 1996, as amended. The Act applies in England, Wales and Northern Ireland. Under its terms, newly-discovered artefacts defined as “treasure” are the property of the Crown, and a person who finds an object that he or she believes to be treasure must notify the relevant authorities within 14 days. The Act currently applies to objects that are more than 300 years old and are made of precious metal or are part of a collection of valuable objects or artefacts.’

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Law & Religion UK, 24th February 2023

Source: lawandreligionuk.com

Amendments to the Treasure Act 1996 – and an ecclesiastical exemption – Law & Religion UK

Posted February 24th, 2023 in Church of England, news, treasure by sally

‘The Government has announced forthcoming changes to the Treasure Act 1996, as amended. The Act applies in England, Wales and Northern Ireland. Under its terms, newly-discovered artefacts defined as “treasure” are the property of the Crown, and a person who finds an object that he or she believes to be treasure must notify the relevant authorities within 14 days. The Act currently applies to objects that are more than 300 years old and are made of precious metal or are part of a collection of valuable objects or artefacts.’

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Law & Religion UK, 24th February 2023

Source: lawandreligionuk.com

Church of England General Synod approves same-sex blessings – Law & Religion UK

Posted February 10th, 2023 in Christianity, Church of England, civil partnerships, equality, homosexuality, marriage, news, sexual orientation discrimination by sally

‘The Church of England’s General Synod has today voted in favour of a motion to offer blessings to same-sex couples in civil partnerships and marriages after an eight-hour debate over two days.’

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Law & Religion UK, 9th February 2023

Source: lawandreligionuk.com

Progress Pride flag as altar frontal – Law & Religion UK

Posted February 9th, 2023 in Church of England, faculties, homosexuality, news, transgender persons by sally

‘At the end of January 2023, the Daily Telegraph carried the headline Pride flag on altar of ‘church of woke’ triggers almighty court battle. In September 2022, it had been announced that the Pride flags which were hung from the altar at weekend services at St Nicholas, Leicester, would be replaced with “something a little more permanent” – “a huge Progress Pride flag made of fabric”. This is reported to have raised objections from in “hundreds of churchgoers within and beyond the diocese of Leicester” “as well as clergy” all of whom were attempting to block its use. Although the article suggests that a judgment from the consistory court was expected “imminently”, the issue has proved to be somewhat more nuanced.’

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Law & Religion UK, 8th February 2023

Source: lawandreligionuk.com

Retired vicar banned over ‘virulently antisemitic’ posts Published 11 hours ago – BBC News

Posted January 31st, 2023 in Church of England, clergy, complaints, disciplinary procedures, internet, Judaism, news by tracey

‘A Church of England priest who shared “virulently antisemitic” material has been barred from ministry for 12 years.’

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BBC News, 30th January 2023

Source: www.bbc.co.uk