Section 21 Allocation of complaintI1
England Not yet in force
A lead assessor, having had a complaint referred under section 20 and having had due regard to the Code of Practice, must do one of the following—
allocate the complaint as a grievance;
allocate the complaint as one of misconduct (but not serious misconduct);
allocate the complaint as one of serious misconduct;
recommend to the responsible bishop or the President of Tribunals that the complaint be dismissed on the grounds that it is vexatious or totally without merit;
if the complaint comes within section 19(2) but was made after the end of the limitation period under that provision, either—
dismiss the complaint, or
where the lead assessor considers that there was a good reason why the complaint was not made before the end of the limitation period, give permission for the complaint to proceed;
dismiss the complaint on the grounds that it was made by a person who does not have a proper interest in making the complaint.
Where the lead assessor considers that a complaint is one of misconduct (but not serious misconduct) and that it could properly be dealt with as a grievance, the lead assessor may decide to allocate the complaint as a grievance under subsection (1)(a).
Before deciding whether to give permission under subsection (1)(e)(ii), the lead assessor must give the persons specified in the rules an opportunity to make written representations.
The lead assessor, having decided what action to take under subsection (1), must notify the responsible bishop or the President of Tribunals.
The rules may make provision for a case where a complaint includes more than one allegation and the lead assessor thinks that the allegations, if each made in a separate complaint, would be allocated differently under subsection (1).
Annotations
Commencement
- I1
S. 21 not in force at Royal Assent, see s. 73(3)