Section 3: Procedure

Stage 1: Convening the SCMG

• SCMGs must be convened by the Safeguarding Officer[1] on behalf of the diocese/cathedral in accordance with the Managing Safeguarding Concerns and Allegations Code of Practice. Nothing in this good practice advice over-rides any requirement or guidance in that document.
• When considering membership, the Safeguarding Officer and the Chair should discuss any identified conflicts and how it is planned to address them.
• If the conflict of interest involves the Chair, this may need to be addressed differently to that involving other members because they have more power and authority to affect proceedings.
• Where the Chair is an Archdeacon and the respondent is a member of clergy that they know in a personal capacity, careful consideration should be given to whether this may lead to an actual or perceived conflict of interest as outlined in Part 1 above. If this occurs, they must be replaced by a different Archdeacon or suitable person.
• Where a Safeguarding Officer is conflicted (whether perceived or actual), this should be addressed with the Chair, seeking advice from the Regional Safeguarding Lead if necessary.
• Where the Chair identifies a potential, actual, or perceived conflict but they believe that this is manageable, they must share the conflict and their proposed resolution with the SCMG.  The decision of the SCMG must be noted in the minutes.

Stage 2: Self-declaration by members

• In connection with a perceived, potential or actual conflict of interest, all SCMG members have a responsibility to declare this to the Chair when they are appointed.
• In some cases, SCMG members may not know that they are conflicted until the first meeting, or a conflict may arise at any subsequent meeting.  This should be declared as soon as it becomes apparent, including all relevant facts, the nature of the conflict and how it arises. 

Stage 3: Conflict of interest and agendas of SCMGs

• A self-declaration of conflict of interest must be on the agenda of every SCMG meeting. The Chair should ask members whether they have any perceived, potential or actual conflict of interests.
• For the avoidance of doubt, this would include:
• A relationship with or to a respondent, witness or complainant, which may be:
  • Familial
  • Social
  • Professional
  • Financial
• Having knowledge of the case and potentially being a witness for any criminal prosecution or other legal investigation(s).

Stage 4: Managing conflicts of interest

When a conflict of interest is declared or observed, the Chair should ensure that it is recorded in the minutes of the meeting.   

The group should then decide whether a) there is a perceived, potential or actual conflict and, if so b) whether it is significant enough to impact on the member’s ability to be impartial, objective and fair; and whether they should remain on the Core Group / SCMG. The final decision rests with the Chair, unless they are the member with the conflict, in which case the final decision would rest with the remainder of the group. 

The options to resolve the situation are:

• The Member recuses themselves completely and takes no further part.
• The Chair can ask a member of the SCMG who they believe is conflicted to leave the group.
• The Chair can ask the conflicted member to continue in a limited role on the SCMG if there is a compelling justification in terms of the management of risk. This may mean leaving the meeting when certain items are being discussed or decisions taken. The rationale for such a decision must be documented, and in line with good minute taking practice, it should be noted when members are not present for any decision.
• Where a member will be required to give evidence in court about the issues being addressed, the Safeguarding Officer should seek legal advice and check with the police whether their membership of the SCMG will compromise the ongoing investigation.
• There may be circumstances where the perceived, potential or actual conflict is acknowledged and recorded, but the member is able to stay part of the group and fully involved in the process.

The reasons for reaching any decisions must be documented and included in the minutes.