Guidelines for the Professional Conduct of the Clergy 2015

Revised edition

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• Publisher: Church House Publishing
• Year: 2015
• Print ISBN: 9780715110966
• eBook ISBN: 9780715110751
• Topic: Theology & Religion
• Subtopic: Christian Denominations

This new edition of the Guidelines for the Professional Conduct of the Clergy is a revised and extended version of the first edition, which was published in 2003. It is not a formal code of conduct, but instead seeks to share the church's wide experience and accrued wisdom with all engaged in the mission and ministry of the church.

APPENDIX 1

GS Misc 1085

The Ministry of Absolution

General Synod

1.    At its meeting on 30 September the Archbishops’ Council considered what advice to offer to the Convocations on its treatment, in the proposed revision of the Guidelines for the Professional Conduct of the Clergy, of the ministry of absolution for which provision is made in Canon B 29. The Annex to this paper sets out the background to the revision process.

2.    The Working Party preparing the revised draft of the revised Guidelines on behalf of the Convocations proposed that the section dealing with “Reconciliation” should, amongst other matters, describe the current legal position in relation to the formal ministry of absolution.

3.    The legal position in that respect is governed by the unrepealed proviso to Canon 113 of the Code of 1603, which reads as follows:

“Provided always, that if any man confess his secret and hidden sins to the minister, for the unburdening of his conscience, and to receive spiritual consolation and ease of mind from him; we do not in any way bind the said minister by this our Constitution, but do straitly charge and admonish him, that he do not at any time reveal and make known to any person whatsoever any crime or offence so committed to his trust and secrecy (except they be such crimes as by the laws of this realm his own life may be called into question for concealing the same), under pain of irregularity.”

4.    This is the one provision of the 1603 Code which was not repealed as part of the complete overhaul of the Canons of the Church of England in the 1950s, which led to the present Code being enacted by the Convocations in 1964 and 1969.

5.    The effect of the proviso is that, where the formal ministry of absolution as described in Canon B 29 is sought, if the penitent makes a confession with the intention of receiving absolution, the priest is forbidden to reveal or make known to any person what has been confessed. That requirement of absolute confidentiality applies even after the death of the penitent.1

6.    The Archbishops’ Council recognized that the practice of the ministry of absolution has a well-established place in the life of the Church of England, playing an important part in the spiritual life of some of its members and representing a significant aspect of the ministry of some of its clergy.

7.    However, the Council also recognized the responsibility of the Church to protect children and vulnerable adults from harm, and the force of the argument that the legal framework of the Church should accordingly, in all respects, be such as to enable those who present a risk to children and vulnerable adults to be identified – both so that they can be held to account for past wrongs and be prevented from doing further harm. The Council is also aware that there has been some wider debate as to whether Parliament should legislate to make it an offence not to report evidence of child abuse to the statutory agencies.

8.    The Council therefore decided to commission further theological and legal work to enable it to review, in consultation with the House of Bishops, the purpose and effect of the unrepealed proviso to the Canon of 1603, with a view to enabling the Synod to decide whether it wished to legislate to amend it. At their November meeting the Council will consider the terms of that review and who should conduct it, with a view to putting their proposals in those respects to the House of Bishops when it meets in December.

9.    In the light of its decision, the Council invited the Working Party undertaking the revision of the Guidelines to consider further the section on “Reconciliation”. It has now been amended to make clear that the present law, which is explained there, is now to be the subject of a review.

William Fittall

SECRETARY GENERAL

22 October 2014

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  1    As is apparent from the text, the Canon allowed for an exception to the duty of confidentiality where nondisclosure could have rendered the priest himself vulnerable to prosecution for a capital offence. This provision was, however, never operative since by 1603 parliament had already legislated to abolish the common law capital offence for a person who had knowledge of a treasonous plot not to reveal the plot to the Crown. instead, it had created a statutory offence of misprision of treason, with a maximum sentence of life imprisonment.

APPENDIX 2

Documents referred to in the text

Preface

Common Worship Ordination Services 2007 (Known as The Ordinal)

Clergy Discipline Measure 2003

Ecclesiastical Offices (Terms of Service) Measure 2009

Safeguarding

2.17    Protecting All God’s Children The Child Protection Policy of the Church of England 4th edition, 2010 (House of Bishops)

Reconciliation

3.2      The Canons of the Church of England
Note:  GS Misc 1085 is included in this document here

Ministry at times of deepest need

5.2      Guidelines for Good Practice in the Healing Ministry – House of Bishops

5.4      Guidelines for Good Practice in the Deliverance Ministry 1975 (revised 2012) – House of Bishops

Trust

12.9    The Data Protection Act 1998

12.11  Anglican Marriage in England and Wales: A Guide to the Law for the Clergy (published by the Faculty Office, 1 The Sanctuary, Westminster, SW1P 3JT)

Care for the Carers

14.1    Dignity at Work (2008) – Ministry Division publication

14.3    The Parochial Expenses of the Clergy (2002) – Ministry Division publication
Clergy Terms and Conditions of Service (Common Tenure) Parsonages: A Design Guide (The Green Guide) – Church Commissioners publication

APPENDIX 3

Safeguarding and relevant documents

Child Protection

The Church of England, in all aspects of its life, is committed to and will champion the protection of children and young people both in society as a whole and in its own community.

It fully accepts, endorses and will implement the principle enshrined in the Children Act 1989, that the welfare of the child is paramount. The Church of England will foster and encourage best practice within its community by setting standards for working with children and young people and by supporting parents in the care of their children.

It will work with statutory bodies, voluntary agencies and other faith communities to promote the safety and well-being of children and young people. It is committed to acting promptly whenever a concern is raised about a child or young person or about the behaviour of an adult, and will work with the appropriate statutory bodies when an investigation into child abuse is necessary.

The Church of England is committed to encouraging an environment where all people and especially those who may be vulnerable for any reason are able to worship and pursue their faith journey with encouragement and in safety. Everyone, whether they see themselves as vulnerable or not, will receive respectful pastoral ministry recognizing any power imbalance within such a relationship.

Safeguarding Adults

All church workers involved in any pastoral ministry will be recruited with care including the use of the Criminal Records Bureau disclosure service when legal or appropriate. Workers will receive training and continuing support.

Any allegations of mistreatment, abuse, harassment or bullying will be responded to without delay. Whether or not the matter involves the church there will be cooperation with the police and local authority in any investigation.

Sensitive and informed pastoral care will be offered to anyone who has suffered abuse, including support to make a complaint if so desired: help to...

Table of contents

• Cover
• Title
• Contents
• Foreword by the Archbishops of Canterbury and York
• Preface
• Guidelines for the Professional Conduct of the Clergy
• Postscript
• A Theological Reflection by the Very Revd Dr Francis Bridger
• Appendix 1: The Ministry of Absolution: GS Misc 1085 (October 2014)
• Appendix 2 Documents Referred To In the Text
• Appendix 3 Safeguarding And Relevant Documents
• Copyright