Category: Church of England

Deliberate breach of faculty conditions – Law & Religion UK

Posted February 6th, 2018 in Church of England, construction industry, ecclesiastical law, news, repairs by tracey

‘In 2014 we posted “Ignorance of the Faculty Jurisdiction Rules is no excuse…”, and expanding on this theme, “Risks of disregarding the faculty jurisdiction” in June 2016. The recent case Re St Peter & St Paul Pettistree [2017] ECC SEI 6 concerned a “deliberate and avoidable” breach of the terms of the faculty by a professional on the list of DAC-approved architects.’

Full Story

Law & Religion UK, 6th February 2018

Source: www.lawandreligionuk.com

Church accused of launching new ‘shameful’ attack on memory of Bishop George Bell – Daily Telegraph

Posted February 1st, 2018 in Church of England, clergy, news, sexual offences by tracey

‘The Church of England has been accused of launching a ‘shameful and foolish’ new attack on one of its most revered bishops, by making public an uncorroborated child sex abuse allegation almost 70 years old. The Church announced on Wednesday it had referred to the police a second claim of sexual assault made against Bishop George Bell, who died in 1958.’

Full Story

Daily Telegraph, 31st January 2018

Source: www.telegraph.co.uk

Application of Provincial Court decisions – Law & Religion UK

Posted January 30th, 2018 in Church of England, courts, ecclesiastical law, judgments, news by sally

‘On 8 February, General Synod will consider the Report of the Revision Committee, GS 2064Y, on the draft Church of England (Miscellaneous Provisions) Measure, GS 2064A. An issue of relevance to ecclesiastical jurisdiction is Clause 7, which will finally resolve an on-going issue of the applicability of decisions of the Provincial Courts.’

Full Story

Law & Religion UK, 29th January 2018

Source: www.lawandreligionuk.com

Criminal allegations against the dead – Law & Religion UK

Posted January 24th, 2018 in child abuse, Church of England, clergy, confidentiality, evidence, news, sexual offences by tracey

‘On 22 January 2018, the House of Lords debated the naming of deceased individuals against whom criminal allegations have been made, for which specific reference was made to the Carlile Report on the handling of the Bishop George Bell issue. This was particularly timely in view of the controversy that has arisen relating to the Church of England’s position relating to confidentiality.’

Full Story

Law & Religion UK, 24th January 2018

Source: www.lawandreligionuk.com

Clerical abuse of spiritual power and authority – Law & Religion UK

Posted January 9th, 2018 in Church of England, clergy, disciplinary procedures, news, tribunals by sally

‘On Monday 8th January, the Church of England reported the findings of the Bishop’s Disciplinary Tribunal for the Diocese of Oxford in the matter of a complaint under the Clergy Discipline Measure 2003 against The Reverend Timothy Davis, Vicar of Christ Church Abingdon, (‘TD’), in respect of the mentoring he provided to a 15/16 year old schoolboy (‘W1’) whose family were members of his congregation. The BBC reports that Church of England officials believed that this was the first occasion on which a tribunal had convicted a priest of spiritual abuse.’

Full Story

Law & Religion UK, 9th January 2018

Source: www.lawandreligionuk.com

Abingdon vicar guilty of ‘spiritually abusing’ boy – BBC News

Posted January 9th, 2018 in Church of England, clergy, disciplinary procedures, news, tribunals by sally

‘A Church of England vicar has been convicted by a tribunal of spiritually abusing a teenage boy.’

Full Story

BBC News, 8th January 2018

Source: www.bbc.co.uk

Bath Abbey can remove its pews to let it hold bake sales and graduation ceremonies, court rules – Daily Telegraph

Posted December 20th, 2017 in Church of England, ecclesiastical law, listed buildings, news by sally

‘Churches don’t need pews any more because they are increasingly used for bake sales and art exhibitions, a church court has said, as it ruled Bath Abbey can remove its Victorian pews.’

Full Story

Daily Telegraph, 19th December 2017

Source: www.telegraph.co.uk

Metal theft crackdown failing to protect heritage buildings from organised gangs – Daily Telegraph

Posted December 18th, 2017 in Church of England, gangs, historic buildings, news, theft by sally

‘A metal theft crackdown is failing to protect heritage buildings from thefts by organised gangs, the Church’s official insurer has warned.’

Full Story

Daily Telegraph, 16th December 2017

Source: www.telegraph.co.uk

Church apology over Bishop George Bell abuse inquiry – BBC News

Posted December 15th, 2017 in child abuse, Church of England, clergy, news, reports, sexual offences by tracey

‘The Church of England has apologised to the relatives of a bishop for the way it investigated child abuse claims made against him decades after his death.’

Full Story

BBC News, 15th December 2017

Source: www.bbc.co.uk

CDM Decision and Penalty: Re Huntley (2) – Law & Religion UK

Posted November 15th, 2017 in Church of England, clergy, disciplinary procedures, fraud, insurance, news, tribunals by tracey

‘On 1 November 2017, the Church of England Document Library posted Huntley 2, the Decision and Penalty of the Bishop’s Disciplinary Tribunal for the Diocese of Durham between Mr Andrew Thurston (Complainant) and The Reverend David George Huntley (Respondent). This followed the Tribunal’s earlier Decision, May 2016, and Decision (Appeal) and Order in August 2016, which concerned the same clergyman but on a significantly different matter.’

Full Story

Law & Religion UK, 15th November 2017

Source: www.lawandreligionuk.com

Law and religion round-up – 5th November – Law & Religion UK

Posted November 6th, 2017 in burials and cremation, Church of England, disclosure, ecclesiastical law, family courts, islamic law, news, religious discrimination, unfair dismissal, victimisation, young offenders by tracey

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

Full Story

Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

Javier Garcia Oliva: Why the Constitutional Treatment of Religion in Great Britain Matters in Religious Disputes – UK Constitutional Law Association

Posted September 27th, 2017 in children, Christianity, Church of England, constitutional law, fostering, human rights, Islam, local government, news, Sikhism, social services by tracey

‘Two high profile cases concerning the approach of public authorities towards religion and identity, where the care and future of looked after children were concerned, have featured this summer.’

Full Story

UK Constitutional Law Association, 26th September 2017

Source: ukconstitutionallaw.org

Balancing mission, aesthetics and heritage of parish churches – further considerations – Law & Religion UK

Posted September 13th, 2017 in Church of England, ecclesiastical law, listed buildings, news, planning by tracey

‘In our post, Balancing mission, aesthetics and heritage of parish churches, we noted that the Church’s consistory courts are frequently required to weigh up the relative merits of proposed building work for repair or modification in terms of their impact on the heritage and aesthetics of the building against its overall mission within the community.’

Full Story

Law & Religion UK, 13th September 2017

Source: www.lawandreligionuk.com

Consistory court evidence or “Call My Bluff”: Episode 1 – Law & Religion UK

Posted August 30th, 2017 in Church of England, courts, documents, ecclesiastical law, evidence, judgments, news by sally

‘In our monthly reviews of consistory court judgments, it is not uncommon to encounter assertions in the submissions of petitioners, the amenity societies, and even “experts” which are less than robust. However, in this ecclesiastical variant on “Call My Bluff“, the Chancellor/Commissary-General invariably sees through the weasel words, exaggerations &c, and the published judgments reveal how the perpetrators are diplomatically taken to task, as appropriate. However, whilst statements made on checkable facts are easy to identify, those that transcend the binary “true or bluff” question to matters of opinion or the assessment of a particular “expert” are more complex to assess. The following discussion includes a number of examples on which future petitioners might wish to ponder.’

Full Story

Law & Religion UK, 30th August 2017

Source: www.lawandreligionuk.com

Guidance on “Ruined Churches” – Law & Religion UK

Posted July 24th, 2017 in Church of England, ecclesiastical law, historic buildings, listed buildings, monuments, news by sally

‘ChurchCare has published a CBC Guidance Note on Ruined Churches, (“the Note”). Whilst much of the 14-page document is concerned with explaining the options available to dioceses and parishes for the management of these buildings, it also includes a brief summary of the law relevant to this little-explored area.’

Full Story

Law & Religion UK, 24th July 2017

Source: www.lawandreligionuk.com

Church of England failed child victims of sexual abuse while ‘colluding’ with disgraced bishop, report finds – The Independent

Posted June 23rd, 2017 in child abuse, Church of England, corruption, evidence, news, reports, sexual offences by tracey

‘The Church of England “concealed” evidence of child abuse by a former bishop stretching over two decades, the Archbishop of Canterbury, Justin Welby, has said, following a major independent review.’

Full report

Full Story

The Independent, 22nd June 2017

Source: www.independent.co.uk

War graves lost as court gives council permission to bury civilians on top of World War I soldiers – Daily Telegraph

Posted March 13th, 2017 in burials and cremation, Church of England, local government, London, news, planning, war by sally

‘London council is to be allowed to bury people in land on top of war graves after a Church of England court gave it permission.’

Full story

Daily Telegraph, 10th March 2017

Source: www.telegraph.co.uk

May a parish council grant-aid a place of worship? – Law & Religion UK

Posted March 9th, 2017 in Church of England, historic buildings, local government, news by sally

‘he following is based on a recent submission of the Historic Religious Buildings Alliance (HRBA) to the DCMS English Churches and Cathedrals Sustainability Review and is posted with the kind permission of the HRBA Chairman, Trevor Cooper.’

Full story

Law & Religion UK, 7th March 2017

Source: www.lawandreligionuk.com

Church liability: fall from ladder – Law & Religion UK

Posted March 8th, 2017 in appeals, Church of England, damages, health & safety, negligence, news, personal injuries, regulations, release on licence, statutory duty by tracey

‘On 3 March 2017, the Court of Appeal (Civil) Division handed down the judgment in Casson v Hudson & Anor [2017] EWCA Civ 125 in relation to a claim for damages following a fall from a ladder during the painting of a church hall. The case highlights the potential liabilities faced by incumbents and PCCs in relation to persons undertaking work on premises for which they are responsible.’

Full story

Law & Religion UK, 8th March 2017

Source: www.lawandreligionuk.com

Banns of marriage – their development and future – Law & Religion UK

Posted February 23rd, 2017 in Church of England, disclosure, marriage, news, Northern Ireland, Scotland, Wales by sally

‘The legal requirement to read banns for couples intending to marry in church services was considered by members of the Church of England General Synod on 14 February 2017. Though Synod rejected moves that sought to end this “ecclesiastical preliminary” to marriage, important arguments were cited both for their retention and for their removal. In this post, we summarize the development and current usage in England and Wales, Scotland and the two jurisdictions in Ireland, and examine possible future directions.’

Full story

Law & Religion UK, 23rd February 2017

Source: www.lawandreligionuk.com