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Assessing the Risk

Published online by Cambridge University Press:  08 August 2016

Nicholas Coulton
Nicholas Coulton*
Affiliation:
Dean Emeritus of Newcastle
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Extract

While the English Church shared in celebrating the 800th anniversary of Magna Carta, not least its own part in gaining those rights for everyone, the Church of England was reversing the principle that people are innocent until proved guilty. Such is the pressure of today's concern about child abuse, historic and present. As evidence mounts of the injustices done by false accusations against some high-profile public figures, we are less aware of the toll on other individuals whose turmoil does not hit the headlines. Those teaching and caring are often targeted for claims, and the Church of England has been toughening its procedures.

Keywords

Safeguardingjusticedouble jeopardydisclosure and barring
Type
Comment
Information
Ecclesiastical Law Journal , Volume 18 , Issue 3 , September 2016 , pp. 316 - 330
Copyright
Copyright © Ecclesiastical Law Society 2016 

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References

1 R (SA(Iran)) v Secretary of State for the Home Department [2012] EWHC 2575 (Admin) at para 24. See also F Houston, You Shall Love the Stranger as Yourself: the Bible, refugees, and asylum (Abingdon, 2015), pp 45–47.

2 P Gambaccini, Love, Paul Gambaccini: my year under the yewtree (London, 2015). In an apology to Lord Brittan's widow in October 2015, the Metropolitan Police admitted that it had known for four months before his death in January 2015 that there was no substance to claims that he had raped a woman in 1967.

3 M Parris, ‘If Heath was a child abuser, I'm an aardvark’, The Times, 8 August 2015.

4 M Parris, ‘We can't go on with such incompetent police’, The Times, 7 May 2016.

5 ‘Letters’, The Times, 10 May 2016.

6 A Hardiman, ‘Kafka on Thames’, Dublin Review of Books, 13 February 2016.

7 N Burrowes, ‘There's no direct line between compassion and justice in sex cases’, The Observer, 14 February 2016.

8 ‘Statement from the chair of the inquiry April 2016’, IICSA, <https://www.iicsa.org.uk/news/statement-chair-inquiry-april-2016>, accessed 30 May 2016.

9 L Goddard, ‘My child abuse inquiry is not just targeted on the famous’, The Observer, 3 April 2016.

10 Canon C 18(1), available at <https://www.churchofengland.org/about-us/structure/churchlawlegis/canons/section-c.aspx#Head1-78> (accessed 30 May 2016).

11 Church of England, ‘Practice guidance: responding to serious safeguarding situations relating to church officers’ (24 June 2015, revised December 2015), p 19, available at <https://www.churchofengland.org/media/2254740/responding%20to%20serious%20situations.pdf>, accessed 30 May 2016.

12 Ibid.

13 Issued January 2006, revised February 2011 and July 2013. Re-issued with effect from 1 February 2014.

14 S O'Neill, ‘Anglican insurers told church to shun sex abuse victim’, The Times, 18 March 2016.

15 Ibid.

16 ‘Bishop Wallace Benn: all complaints and charges dismissed’, Thinking Anglicans, <http://www.thinkinganglicans.org.uk/archives/006042.html>, accessed 8 June 2016.

17 T Wyatt, ‘George Bell's defenders say C of E must apologise for destroying his reputation’, Church Times, 24 March 2016.

18 The allegations against Bishop Bell, and the Church of England's handling of those complaints, are among the matters being considered by the Independent Inquiry into Child Sexual Abuse. See <https://www.iicsa.org.uk/investigations/investigation-into-failings-by-the-anglican-church>, accessed 30 May 2016.

19 Wyatt, ‘George Bell's defenders’.

20 M Evans and D Barrett, ‘Operation Midland: Harvey Proctor told he faces no further action’, Daily Telegraph, 21 March 2016.

21 Ibid.

22 D Barrett, ‘Harvey Proctor: Theresa May stood idly by amid “bizarre” VIP child sex abuse inquiry’, Daily Telegraph, 29 March 2016.

23 E Adley, ‘“I want to be a voice for the voiceless,” says nun left in limbo over sex abuse allegations’, The Guardian, 2 April 2016.

24 Canon C 8, paras 6 and 7.

25 R (on the application of T) v the Commissioner of Police of the Metropolis [2013] EWCA Civ 192 (Admin).

26 ‘Court of Appeal test case “upholds the right to a clean record”’, Bindmans, 13 March 2013, <http://www.bindmans.com/news-and-events/news-article/court-of-appeal-test-case-upholds-the-right-to-a-clean-record>, accessed 30 May 2016.

27 RK v (1) Chief Constable of South Yorkshire (2) Disclosure and Banning Service [2013] EWHC 1555 (Admin).

28 A Proops, ‘Enhanced criminal records certificates – teachers on trial’, Panopticon, 13 June 2013, <http://panopticonblog.com/2013/06/13/enhanced-criminal-records-certificates-teachers-on-trial/> (accessed 30 May 2016).

29 From a letter by Christopher S Morley JP Buckinghamshire Bench in the Magistrate magazine, January 2016. See Transform Justice, ‘Justice denied? The experience of unrepresented defendants in the Criminal Courts’ (April 2016), p 1, <http://www.transformjustice.org.uk/wp-content/uploads/2016/04/TJ-APRIL_Singles.pdf>.

30 T McVeigh, ‘Legal aid cuts add to strain on divorcees’, The Observer, 27 March 2016.

31 ‘“Unprecedented number” non-recent child abuse allegations’, Today, 7 October 2015, <http://www.bbc.co.uk/programmes/p034l2pg>, accessed 30 May 2016.

32 Petition details available at <https://petition.parliament.uk/archived/petitions/72825>, accessed 30 May 2016.

33 D Barrett, ‘Half of paedophiles “need medical help” and not jail, says chief constable’, Daily Telegraph, 5 December 2014.

34 See <https:// www.churchofengland.org/media/2261139/safeguardingfinalapproval.pdf>, accessed 30 May 2016.

35 K Sharpe, ‘Beyond gays in the Church: new approaches to the histories of Christianity and same-sex desire’, paper presented to University of London conference, September 2015.

36 Issues in Human Sexuality: a statement by the House of Bishops (London, 1991).

37 I Pavlov, Conditioned Reflexes: an investigation of the physiological activity of the cerebral cortex (London, 1927); L Rokhin, I Pavlov and Y Popov, Psychopathology and Psychiatry (Moscow, 1963); W Sargent, Battle for the Mind: a physiology of conversion and brainwashing (London, 1957).

38 D Conn, ‘Hillsborough inquests jury rules 96 victims were unlawfully killed’, The Guardian, 26 April 2016.

39 Home Office, ‘National statistics: asylum’, 27 August 2015, <https://www.gov.uk/government/publications/immigration-statistics-april-to-june-2015/asylum>, accessed 30 May 2016.