Rule 14 Allocation of complaint
A lead assessor, having had a complaint referred under section 20 of the CCM, must decide what action to take under section 21 (1) of the CCM; and the decision must be made before the end of 14 days beginning with the day after the lead assessor receives the referral.
Where the lead assessor requires clarification of a matter in order to be able to make that decision, the lead assessor may seek that clarification from the complainant before making the decision.
The lead assessor, having made the decision, must record the decision in the form set out in Form 3.
If the lead assessor sought and received clarification under paragraph (2), the record of the decision must specify the matter and the clarification.
If the lead assessor makes the decision under section 21 (1) (b) of the CCM (allocation as misconduct but not serious misconduct), the appointment under section 22 (4) of the CCM of a case assessor must also be made before the end of the 14-day period referred to in paragraph (1); and the record of the decision must specify the name of the case assessor appointed.
If the lead assessor makes the decision under section 21 (1) (d) or (e) (i) of the CCM (dismissal where complaint vexatious or without merit or out of time) or under section 21 (1) (e) (ii) of the CCM (permission for out of time complaint to proceed), the record of the decision must specify the reasons for the decision.
The notification to the responsible bishop under section 21 (4) of the CCM must be accompanied by a copy of the record of the decision and must be made before the end of five days beginning with the day after the lead assessor made the decision under section 21 (1) of the CCM.
The lead assessor may extend the 14-day period referred to in paragraph (1) or, if the period has come to an end, the lead assessor may revive the period; but, in doing either of those things, the lead assessor must be satisfied that doing so is necessary, having had due regard to the overriding objective.
Where the lead assessor acts under paragraph (8), the provisions of this rule are to be read accordingly.
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 section 21 (1) of the CCM, the lead assessor must allocate the complaint—
if the allegations include an allegation which the lead assessor thinks would be allocated as serious misconduct, as a complaint of serious misconduct, or
if the allegations do not include an allegation of the kind referred to in sub-paragraph (a), as a complaint of misconduct (but not serious misconduct).