Section 22 Action after allocation of complaintI1

The responsible bishop or the President of Tribunals, having received a notification under section 21(4), must inform each party to the complaint of the lead assessor’s decision by letter in such form as may be specified in the rules.

Where the decision is to allocate the complaint as a grievance, the responsible bishop or the President of Tribunals must appoint a person (a “designated person”) to investigate and seek to resolve the grievance (see further section  23).

A person may be appointed under subsection (2) only if the person is a clerk in Holy Orders or an actual communicant; and before making the appointment, the responsible bishop or the President of Tribunals must have due regard to the Code of Practice.

Where the decision is to allocate the complaint as one of misconduct (but not serious misconduct), the lead assessor must appoint a case assessor (see further sections 24 to 26).

Where the decision is to allocate the complaint as one of serious misconduct, the responsible bishop or the President of Tribunals must refer the complaint to the Investigation and Tribunals Team (see further section 27).

Where the decision is to allocate the complaint as one of misconduct or one of serious misconduct, the letter sent to the respondent under subsection (1) must include an explanation of the right to instruct a lawyer and the right to apply for legal aid under the Church of England (Legal Aid) Measure 1994.

In section 3 of that Measure (supplementary provisions about legal aid), after subsection (3) insert—

“(4)

A person is entitled to instruct a direct access barrister to act for that person in proceedings mentioned in the first column of Schedule 1.

(5)

Accordingly a reference in this Measure to the solicitor acting for a person is, in a case where the person instructs a direct access barrister, to be read as a reference to the direct access barrister.

(6)

“Direct access barrister” means a barrister who is authorised by the body responsible for regulating barristers in England and Wales to take instructions directly from a person rather than through a solicitor acting for that person.”.

Where the decision is to recommend that the complaint be dismissed under section 21(1)(d)—