Article 2 Complaints of sexual misconduct towards a vulnerable adult

After rule 14 there is inserted the following new rule—

“Complaints of sexual misconduct towards a vulnerable adult

14A.

(1)

Where it appears to the bishop upon receipt of the registrar’s written report that—

(a)

the misconduct in question—

(i)

is conduct of a sexual nature towards an adult, and

(ii)

did not occur within the period of one year ending with the date on which proceedings were instituted, or in the case of a series of acts or omissions the last instance did not occur within that period, and

(b)

at the time of the alleged misconduct the adult may have been a vulnerable adult, and

(c)

the President has not given written permission for the proceedings to be instituted after the expiry of the period of one year,

the bishop shall refer the matter to the President for consideration as to whether the adult was a vulnerable adult at the time of the alleged misconduct,

provided that the bishop may dismiss the complaint under section 11(3) of the Measure if satisfied that the complainant did not have a proper interest to make the complaint at the date the proceedings were instituted, or that there is not sufficient substance in the complaint to justify proceeding with it under the Measure.

(2)

Upon referring the matter to the President the bishop shall—

(a)

send or deliver to the President, the complainant and the respondent a copy of the registrar’s written report,

(b)

notify the complainant and the respondent in writing that the matter has been referred to the President, and

(c)

consider extending time under rule 18.

(3)

Where the matter is referred to the President, the President shall invite the complainant to make written representations within 21 days as to—

(a)

whether the adult in question was a vulnerable adult at the time of the alleged misconduct, and

(b)

whether there was good reason why the complainant did not institute proceedings at an earlier date.

(4)

A copy of any representations received from the complainant shall be sent or delivered by the President to the respondent, and the respondent shall be invited by the President to make written representations in reply within 21 days of receipt.

(5)

Having considered any representations from the parties, the President shall determine in writing the issue of vulnerability for the purposes only of section 9(3) of the Measure, and copies of the determination shall be sent or delivered to the bishop, the diocesan registrar, the complainant and the respondent.

(6)

Where the President determines that the adult was a vulnerable adult at the time of the alleged misconduct the complaint shall proceed in accordance with the Measure.

(7)

Where the President determines that the adult was not a vulnerable adult at the time of the alleged misconduct the President may nonetheless give permission under section 9 of the Measure for the proceedings to continue where the President considers there was good reason why the complainant did not institute proceedings at an earlier date.

(8)

Where the President determines that the adult was not a vulnerable adult at the time of the alleged misconduct and that there was no good reason why the complainant did not institute proceedings at an earlier date, the complaint shall stand dismissed.”.

In rule 106 (interpretation) at the appropriate place there is inserted—

“;

• “vulnerable adult” has the same meaning as in section 6(2) of the Safeguarding and Clergy Discipline Measure 2016”.