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Capability Procedure

  1. How can I be sure the Capability Procedure is fair?

  2. When a capability procedure is available, what safeguards will there be to prevent the prophetic voice from being silenced if it disagrees with the Bishop?

  3. Is there a clear way of designating whether in a particular set of circumstances it is more appropriate to use the Capability Procedure or the Clergy Discipline Measure?

  4. What about when there appears to be incapability but the cleric claims lack of supervision/ lack of offers if training?

  5. Aren't all these new procedures going to require the Church to spend a lot of money on unnecessary bureaucracy?

 

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1. How can I be sure the Capability Procedure is fair?

Freehold carries with it the disadvantage that there is no remedy to address those rare instances of clergy who are seriously underperforming while not actually committing a disciplinary offence. The capability procedure’s primary focus is on enabling clergy performing below an acceptable standard to improve.  It can only lead to dismissal after all the other avenues have been explored. The procedure contains many built in safeguards including:

  • The right to appeal,
  • The involvement of a panel, not an individual, at every formal stage,
  • The requirement to take human resources advice, and
  • The right to be supported by a friend or trade union representative.

It will not be used in trivial or unsubstantiated cases, and can only be invoked by the bishop, archdeacon or someone specifically designated on their behalf, after a thorough investigation of the facts and an interview with the cleric.

 

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2. When a capability procedure is available, what safeguards will there be to prevent the prophetic voice from being silenced if it disagrees with the Bishop?

Under the new arrangements, the bishops’ powers of summary dismissal will be much reduced and therefore greater security of tenure than many priests have now. The capability procedure is not for dealing with ethical and theological disagreements. In any case, it has many safeguards, such as an independent panel and rights of appeal. .

 

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3. Is there a clear way of designating whether in a particular set of circumstances it is more appropriate to use the Capability Procedure or the Clergy Discipline Measure?

Each case will need to be looked at on its merits. Discipline is more a matter of specific acts, whereas capability is more general. Neglect of duties could be a matter of either capability or discipline.

 

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4. What about when there appears to be incapability but the cleric claims lack of supervision/lack of offers of training?

Then that needs to be rectified – if a cleric has fallen short but has been offered no feedback to indicate this or support in improving to the acceptable level, it is hardly his or her fault.

 

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5. Aren’t all these new procedures going to require the Church to spend a lot of money on unnecessary bureaucracy?

The cost of not implementing these procedures – in the form of expensive disputes, pastoral damage and ill health retirements – would be far greater than taking the appropriate HR advice and encouraging good practice and clarity of rights and responsibilities with a view to equipping and enabling clergy to minister in both today’s and tomorrow’s Church

 

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