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Investigations for Faith Organisations

Investigations for Faith Organisations

How an investigation is handled will have wide implications for a charity or church’s credibility, as well as for the wellbeing of its staff and those raising the concerns. The investigation team and those supporting them must have an in-depth and practical knowledge of the issues affecting the organisation as well as the multidisciplinary legal expertise to deal with the complex matrix of data privacy, confidentiality, HR and risk issues that will arise.

How we can help

We bring extensive experience of carrying out sensitive and/or time-critical investigations in the charitable and faith based sector, working in particular with the Church of England and Cathedrals. We have the resource and expertise to manage the investigation process and to provide a full range of support services to deal with crisis issues, from urgent press advice to the empathetic handling of whistleblowers and alleged perpetrators.

We also manage and support investigations carried out by non-legal third-party professionals by:

  • drafting terms of reference –a crucial step, particularly in wide-ranging or historic investigations
  • interviewing witnesses and managing documentary evidence
  • advising on data privacy and confidentiality issues including in respect of privacy notices, the publication of investigation reports and information sharing
  • advising on employment law issues such as suspension, disciplinary action and whistleblowing
  • assisting with press strategy and announcements
  • assisting with reporting to regulatory bodies such as the Charity Commission and the ICO
  • advising on risk mitigation and potential litigation
  • assisting with the implementation of the investigation recommendations.

We have expertise in the following areas:

  • Governance, leadership and alleged breaches of fiduciary/trustee duties
  • Employee, clergy and other office holder grievance, whistleblowing and disciplinary matters, to include financial and procedural impropriety, bullying and harassment and sexual misconduct
  • Safeguarding (working alongside qualified safeguarding professionals)
  • Data privacy
  • Governance audits incorporating diversity and inclusion, conflicts of interest, procedures and committee structures, schemes of delegated authority, relationships between trustees and management
  • Cathedral visitations and reviews

Recent experience

  • Review and subsequent Visitation inquiry into the leadership, management and culture including safeguarding at a Cathedral
  • Independent review examining complex HR issues relating to the retirement of a Diocesan Bishop
  • Advising and managing an independent investigation by safeguarding professionals into allegations of spiritual abuse
  • Crisis management support and advice in respect of the publication and defamation risk of a highly contentious and high-profile safeguarding review
  • Guiding the trustees of a theological college through an investigation into serious allegations against its Principal
  • Representing numerous witnesses (current and retired office holders in the Church of England) in the Independent Inquiry into Child Sexual Abuse (Anglican Church Investigation)
  • Advising on a whistleblowing complaint against a Cathedral Dean

Who to contact

Aiden Hargreaves-Smith

Partner, Head of Church Law , London