Tend My Flock. Kate Litchfield

      Canon law does not apply to informal pastoral conversations. Therefore confessions should normally be heard at advertised times or in a context which makes a clear distinction between formal confession and ‘a general pastoral conversation or a meeting for spiritual direction’ (House of Bishops 2004).

      Clergy should be aware that there are authorized forms for confession and absolution, in addition to those found in the Book of Common Prayer Visitation of the Sick Service, and that hearing confessions should not be undertaken without specific training and preparation. The authorized Christian Initiation Services also include provision for individual and private penitence, which would constitute formal confession as covered by canon law.

      Clarity about confidentiality is essential in those traditions of the Church where formal confession and absolution are not used. For example, the person who shares their story with an ordained person in informal conversation may mistakenly expect the absolute confidentiality offered within the ministry of confession and absolution. However, in this situation confidentiality does not have the protection of canon law.

      1.14. Lay ministers and confidentiality

      The development of collaborative ministry and ministry teams has brought increasing opportunities for lay ministers to become aware of confidential information. Those sharing pastoral ministry with the incumbent need to have a clear understanding of the requirements of confidentiality. They should not offer absolute confidentiality and need to be aware of and explicit about their responsibility to seek advice, guidance and support. They should seek guidance when faced with ethical dilemmas regarding confidentiality, individuals at risk and the law. If there are allegations of abuse of children or vulnerable adults they should always seek advice from those in the parish or diocese who are responsible for child and adult protection.

      1.15. Confidentiality in shared ministry

      Where ministry is shared, best practice may be difficult to define. Some professionals, particularly those who are part of a team, take confidentiality to include the right to share with professional colleagues, who may also be working with the person. Members of ministry teams need to discuss their understanding of confidentiality with one another and to make known their policy and practice. While it is important to safeguard the right of parishioners to share personal information with one minister and not another, in a team situation it may be advisable to create an explicit policy of corporate confidentiality. This will protect against the possibility of members of a ministry team being manipulated or divided by the sharing of personal information with one and not another (Guidelines for the Professional Conduct of Clergy 2003). Such a policy must, of course, exclude information divulged to an ordained minister in sacramental confession.

      Although views and practice may vary, increasingly the expectation is that boundaries of confidentiality should be made explicit and that information will be shared only on a need-to-know basis. The risk of not being explicit about any limits on confidentiality is that the minister may subsequently share information with someone whom the other person regards as inappropriate. This may then be experienced as an extremely damaging breach of trust.

      1.16. Confidentiality and conflict of interest

      There is not, at present, any mandatory responsibility to disclose information about suspected child abuse to statutory agencies, but there is increasing recognition of a moral responsibility to do so where a child may be at risk of serious harm. Clergy and others, including churchwardens, who hold public office may feel a particular burden of responsibility and find themselves facing complex issues and potential conflicts of interest. This section draws substantially on Protecting All God’s Children (House of Bishops 2004), which provides a great deal of helpful guidance on issues of confidentiality and is an important resource for ministers.

      The Human Rights Act 1998 protects the right to respect for private and family life, home and correspondence. A public authority (which could be an ordained minister) has to have lawful and necessary justification for interfering with this right. The potential harm from not reporting allegations of abuse is likely to be relevant to decisions about what is justified interference. Entitlement to confidentiality is also recognized in law, where information is accepted in confidence, or the nature of the relationship (as between doctor and patient or priest and parishioner) creates a presumption of confidentiality. The law also recognizes that, on rare occasions, other considerations may lead to a professionally responsible decision to breach confidentiality. If there is a risk of harm, either to the person concerned or to others, particularly to vulnerable adults or to children, ministers may consider it their duty to break a confidence. In such instances they will have to decide carefully how to proceed and what the risks are, and should seek advice from the appropriate diocesan adviser. They should not attempt to investigate the situation themselves, nor speak directly to any person against whom allegations have been made.

      Children or adults who disclose significant harm need to know that such information will have to be passed to the statutory agency, usually social services, so that it can be properly investigated and further abuse prevented. This will also be necessary where significant harm is suspected. It may not be necessary when an adult discloses historical abuse, unless the alleged abuser is still working with or caring for children, in which case the authorities must be informed. If there is a conflict of interest between a child’s need for protection and the needs of an adult, the welfare of the child is paramount.

      However, in all but the most exceptional circumstances, good practice requires informing and, wherever possible, obtaining permission, before divulging confidential information to the statutory authorities. If at all possible the person concerned should be encouraged and enabled to make the disclosure themselves.

      On rare occasions it may be necessary to inform a person of the disclosure retrospectively. In matters of child protection, or other criminal activity, there may be a risk that, if an alleged perpetrator is pre-warned, they will have the opportunity to destroy evidence or threaten the child or other persons who are at risk. In some very exceptional circumstances it may therefore be necessary to go ahead with disclosure, neither obtaining permission nor informing the person that disclosure has taken place. Ministers should be aware that there is a legal requirement to disclose information where acts of terrorism are concerned (1.13).

      All ministers will benefit from careful consideration of the ethical issues involved before such acutely difficult pastoral situations arise. Ministers also need to be aware of and observe national and diocesan guidelines and requirements regarding protection of children and vulnerable adults, and should know how to contact the appropriate diocesan child protection adviser for help and advice. When faced with specific legal concerns, clergy should seek advice from the diocesan registrar or diocesan child protection adviser. Social services and the police can also be approached for guidance without the need to divulge names (see pp. 34–5).

      Reflection – confidentiality

       How have you felt when divulging sensitive personal information about yourself to a professional person (for example GP, counsellor or minister)? How did you feel about meeting them again, particularly if this was in another context?

       Are there occasions when you find it difficult to hold confidentiality and, if so, what might be the reasons?

       How do you make boundaries of confidentiality clear to those to whom you offer pastoral care?

       How do you distinguish between information shared with you in friendship and information shared with you as a minister?

       How do you safeguard other people’s confidentiality when seeking ministerial advice and support for yourself?

       How would you respond and what action might you take in the following circumstances? What factors would affect your decision?

      – a parishioner discloses that child abuse has taken place in the past, or is currently being perpetrated within their family

      – an allegation of child abuse is made against a parishioner or colleague

      – a child or young person discloses that they have been or are being abused, but does not want their parents, social services or police to be informed