Decision by the President of Tribunals

The Very Revd Professor Martyn Percy

A decision has been made regarding the complaint against the Very Reverend Martyn Percy, Dean of Christ Church, Oxford.

The President of Tribunals, Dame Sarah Asplin DBE, has decided that it would not be proportionate to refer the matter to a CDM tribunal, noting that there is another means of redress that is a more proportionate means of addressing the allegation. The role of the President of Tribunals is to determine whether there is a case to answer on which a disciplinary tribunal should adjudicate.

She writes: "When arriving at this conclusion, I also take into account that Christ Church itself has instigated its own inquiry into the incident. It seems to me therefore that there is another means of redress which is a more proportionate means of addressing alleged incidents. "Dame Sarah's decision concludes this Clergy Discipline Measure (CDM) process. The matter should be confidential between those involved in it.

The Dean remains suspended by Christ Church, pending the outcome of the college's separate and independently-chaired tribunal. The Diocese of Oxford is fully committed to justice and fair process. We have offered significant support for those involved. This includes work to ensure proper procedures and offers of pastoral support and counselling for all parties. Where possible, Bishop Steven is also in regular personal contact with everyone involved. Nevertheless, matters have been and remain extremely difficult and painful for all concerned.

We are profoundly disappointed that these difficulties have been compounded by leaks, commentary and speculation by a small group of people online, apparently with little concern for the original complainant's right to anonymity, or indeed a fair process for the Dean. Breaches of confidentiality and regularly posting inaccurate information are to the detriment of everyone.

The diocese has sought advice on these matters following the leak of Dame Sarah's written decision. We draw to the attention of all the Clergy Discipline Commission guidance on Confidentiality and Privacy in Clergy Discipline Proceedings, dated February 2021, which is part of its Statutory Guidance:

• Allegations of misconduct under the CDM are private and confidential. This is to ensure that matters are dealt with fairly and that the process is not prejudiced. It extends to complainants, respondents and witnesses.
• Due to the nature of allegations, individuals concerned will have a reasonable expectation of privacy and confidence at common law.
• In addition, their personal data will be subject to data protection law.
• In certain cases, the provisions of section 1 of the Sexual Offences (Amendment) 1992 may also apply (anonymity of victims of certain offences).
• The default position is that all hearings will take place in private, unless one of the reasons provided for in rule 40 applies.
• Accordingly, all matters relating to an allegation should be kept strictly private and confidential. This includes written documents and material which, save for legal representatives, should not be shared with third parties.
• In particular, individuals (regardless of whether or not they are a party) should refrain from making statements, posts, comments or similar on social media, websites, print media or other public fora which in any way reference the details of the allegation, the individuals involved, or give an opinion as to the merits or otherwise of the proceedings.

Please join with us in praying for the complainant, for Martyn, for the cathedral chapter and congregation, and for the wider Christ Church community.

Notes

• Christ Church is a complex institution and, uniquely in the Church of England, the Dean of the Cathedral is also Head of an Oxford College.
• The terms of service of the Dean and the residentiary canons of the cathedral are set out in the Statutes of Christ Church.
• The post of Dean is indivisible; the different aspects of their duties cannot be separated.
• The person who brought the complaint under the Clergy Discipline Measure (CDM) did so by virtue of their position at the cathedral and only following consultation and agreement with members of chapter.
• The internal Christ Church process currently underway is separate and independent of the Church.
• The decision of the governing body to move to tribunal, and the subsequent process, takes place under the statutes of Christ Church, not under Church legislation.
• The Bishop of Oxford is advised, but not consulted.
• Meanwhile, the cathedral's core work of prayer and the worship of God continues.