Independent Reviewer

As set out in GS Misc 1090, the Archbishops of Canterbury and York initially appointed Sir Philip Mawer as the Independent Reviewer under the terms of the Regulations. In February 2018 he was succeeded by Sir William Fittall until March 2022.

Maggie Swinson, Vice Chair of the Anglican Consultative Council, is the current Independent Reviewer, assuming the role in December 2022.

Disputes

In the vast majority of instances, it is anticipated that it will be possible for parishes and bishops to agree arrangements which are consistent with the Declaration. Where this is not the case, and the PCC considers that the bishop or some other office holder has acted in a way which is inconsistent with the Declaration, it may bring a grievance to the Independent Reviewer appointed under the Regulations it has made for the resolution of disputes under the Declaration.

Key considerations

• The grievance has to relate to actions taken, or omissions, by bishops and certain other types of office holder in relation to the paragraphs of the Declaration (16-29 and 33) which deal with the making of arrangements for parishes and non-parochial places of worship which seek the priestly or episcopal ministry of men.
• Before approaching the Reviewer’s Office, the PCC must give the office holder in respect of whom it wishes to bring a grievance a reasonable opportunity to address the grievance.
• The grievance must be made in writing and authorised by a PCC resolution passed either by a majority of those present at a meeting at which at least two-thirds of those entitled to attend are present, or by a majority of all members of the PCC.
• The grievance should normally be made within three months of the action or omission in question.
• The PCC’s letter must specify:
  1. The office holder in respect of whom the grievance is brought;
  2. The nature of the act or omission in question;
  3. The nature of the PCC’s grievance in relation to it.
• The PCC must send a copy of its letter to the Reviewer to the diocesan bishop, or (if different) the office holder in respect of whom the grievance is brought.

The full process for bringing a grievance is set out in paragraphs 9-15 of the House’s Regulations.

Handling of grievances

• The receipt of a grievance will be acknowledged.
• A check will be made that the grievance is in accordance with the terms of the Regulations.
• In order to decide whether the grievance is justified, partly justified or unjustified, enquiries will be made as the Independent Reviewer sees fit. Views will normally be sought from the office holder against whom the grievance has been made. It is possible that it may take a while to clarify the necessary facts.
• Subject to that, the review will normally be completed within two months of the grievance being received.
• The Reviewer may choose to refer the matter to mediation (depending on the circumstances) or in some other way seek to achieve a settlement of the grievance which is acceptable to all parties.
• The Reviewer’s decision will be communicated in writing to each of the parties (and the diocesan bishop, if he/she is not one of them)

Further details about the consideration of grievances by the reviewer are contained in paragraphs 16-27 of the Regulations.

General concerns about the operation of the House’s Declaration

Anyone (and not just a PCC) may raise a concern, in writing, with the Reviewer about any aspect of the operation of the House’s Declaration. Such a concern may relate to more than one act or omission under the Declaration, and to more than one parish or diocese. If such a concern is raised with the Reviewer, he may undertake an inquiry into it.