Safeguarding
37Suspension
1
This section applies where a member of the Chapter of a cathedral—
a
is arrested on suspicion of committing an offence mentioned in Schedule 1 to the Children and Young Persons Act 1933, or
b
is charged with an offence mentioned in that Schedule without being arrested.
2
This section also applies where the bishop of a diocese is satisfied, on the basis of information provided by a local authority or the police, that a member of the Chapter of a cathedral presents a significant risk of harm.
3
The bishop may suspend the person from the Chapter by giving the person notice in writing; and the notice must specify the bishop's reasons for imposing the suspension.
4
The bishop may at any time revoke the suspension by giving the person notice in writing.
5
For the purposes of subsection (2), a person presents a significant risk of harm if there is a significant risk that the person may—
a
harm a child or vulnerable adult,
b
cause a child or vulnerable adult to be harmed,
c
put a child or vulnerable adult at risk of harm,
d
attempt to harm a child or vulnerable adult, or
e
incite another person to harm a child or vulnerable adult.
6
Before deciding whether to suspend a person under subsection (3), or to revoke a suspension made under that subsection, the bishop must consult—
a
the diocesan safeguarding advisor, and
b
such other persons as the bishop considers appropriate.
7
A suspension in a case within subsection (1) continues (unless revoked under subsection (4)) until the earlier of—
a
the expiry of three months beginning with the day on which the notice is given, and
b
the conclusion of the matter.
8
Where a person is suspended in a case within subsection (1) and the matter is not concluded before the expiry of the three-month period referred to in subsection (7)(a), a further notice of suspension may be given under subsection (3); and subsection (7) and this subsection apply to the further suspension as they applied to the earlier suspension or suspensions.
9
A suspension in a case within subsection (2) continues (unless revoked under subsection (4)) until the expiry of three months beginning with the day on which the notice is given.
10
Where a person is suspended in a case within subsection (2), a further notice of suspension may be given under subsection (3); and subsection (9) and this subsection apply to the further suspension as they applied to the earlier suspension or suspensions.
11
Having given a notice of suspension or revocation under this subsection, the bishop must give each of the following written notification—
a
the members of the Chapter,
b
the registrar of the diocese,
c
the diocesan safeguarding advisor,
d
any person appointed by the Chapter to advise it on matters relating to safeguarding children and vulnerable adults, and
e
such other persons as the bishop considers appropriate.
12
The registrar must file a notification given under subsection (11)(b) in the diocesan registry.
13
For the purposes of this section, a matter is concluded when—
a
a decision is taken not to charge the person with the offence in question, or
b
where the person is charged with the offence, the proceedings for the offence are concluded.