This article is based on an Ecclesiastical Law Society London Lecture delivered on 17 November 2021. It builds on a previous lecture entitled ‘Safeguarding in church and state over the last 50 years: “from Ball and Banks to Beech via Bell”’, which also formed the basis of an article published in this Journal in 2020. That article, among other things, identified a number of significant cases of sexual abuse by clergy which were/are the subject of ‘lessons learned’ reviews and concluded by suggesting how investigation and fact-finding might take place in the future, independent of the bishops, but under the supervision of a ‘judge’, and argued that effective risk assessments could only be based on findings of fact. The author was subsequently asked to chair a working party for the Ecclesiastical Law Society aimed at addressing how the Clergy Disciplinary Measure 2003 (‘CDM’) should be reformed. This article now deals with events that have occurred since, from the publication of the Independent Inquiry into Child Sex Abuse (IICSA)'s investigative reports into the Anglican Church (inter alia), the Lambeth group's proposals for reform of the CDM, through to General Synod's responses to both sets of recommendations. It also surveys in some detail the approach the church has taken to the assessment of risk within its safeguarding policy in recent years, as well as its historical approach to clergy discipline. The article concludes by drawing some threads together as a result of the author's own work and research into these two subjects over the past two years, and finishes by suggesting some possible directions in which the church ought now to move.

This article describes the changes in criminal law and procedure that the author saw take place during 50 years of practice, turning a criminal justice system in which it was difficult to prosecute cases involving multiple child witnesses into one much better adapted to cases alleging sexual assault and the needs of vulnerable witnesses. The article reviews, decade by decade, the major developments in people's understanding and perception of the prevalence of physical and sexual abuse, touching on a number of high-profile events. It traces the development of the Church of England's safeguarding policy, noting how it tracks the development of secular policies. In parallel it identifies a number of significant cases of sexual abuse by clergy which were/are the subject of ‘lessons learned’ reviews. A note of caution is however sounded arising from the cases of Carl Beech and Bishop Bell, in particular the danger of not following well-established investigative procedures but jumping to judgement. The article concludes by suggesting how investigation and fact-finding might take place in the future, independent of the bishops, but under the supervision of a ‘judge’, and argues that effective risk assessments can only be based on findings of fact.