All Saints Spring Park Parochial Church Council v the Church
Case ID: JCPC 2021/0114
Jurisdiction: Schemes of the Church Commissioners under Pastoral Measure 1983
Case summary
Issue
There are two categories of issue in this appeal. First, whether the appellants (the Reverend Clarke and the All Saints Spring Park Parochial Church Council (the "PCC")) have standing to pursue the appeal.
Second, if the appellants do have standing, the Board is asked to decide whether, when determining that a draft scheme for the dissolution of the parish of All Saints Spring Park ("ASSP") should be made under the Mission and Pastoral Measure 2011:
(i) The draft scheme, if made, breached section 6(1) of the Human Rights Act 1998 as it infringes the appellants' rights under article 14, read in conjunction with articles 8 and 9, of the European Convention on Human Rights?
(ii) The Commissioners of the Church of England (the "Commissioners") breached the public sector equality duty under section 149(2) of the Equality Act 2010?
(iii) In forming the opinion that the draft scheme should be made, the Commissioners made a material error in failing to conclude that ASSP (a UK minority ethnic ("UKME") led and UKME majority church) provided an irreplaceable mission to UKME people living in the parish?
Facts
Following an episcopal visitation in 2016 that concluded that the ASSP parish was not financially viable, it was proposed that the parish be dissolved, and its area divided between the neighbouring parishes of St John Shirley and St George Shirley. The proposal would also have the effect of dispossessing the Reverend Yvonne Clarke, who served as the incumbent of the benefice of ASSP, and who was the first black deacon in the Church of England.
On 8 January 2020, a statutory consultation was initiated regarding this proposal and interested parties were invited to make written representations. Following representations from interested parties, the Bishop of Southwark approved the proposal on 10 June 2020. On 21 July 2020, the Commissioners served a copy of a draft scheme that would give effect to that proposal on interested parties, including the PCC and the Reverend Clarke, and invited them to make written representations. Following a consultation process, the Commissioners decided to make the draft scheme without amendment on 28 September 2021.
The PCC and the Reverend Clarke appeal to the Board against the Commissioners' decision to make the draft scheme.
Parties
Appellant
All Saints Spring Park Parochial Church Council
Respondent
Church Commissioners
Appeal
Justices
Lord Hodge, Lord Sales, Lord Hamblen, Lord Leggatt, Lord Richards
Hearing start date
27 February 2024
Hearing finish date
28 February 2024
| Watch hearing | ||
|---|---|---|
| 27 February 2024 | Morning session | Afternoon session |
| 28 February 2024 | Morning session | Afternoon session |
Judgment details
Judgment date
30 July 2024
Neutral citation
[2024] UKPC 23
- Judgment (PDF)
- Press Summary (PDF)
- Judgment on The National Archives (HTML version)
- Press summary on The National Archives (HTML version)
- Judgment on BAILII (HTML version)
| Watch Judgment summary | |
|---|---|
| 30 July 2018 | Judgment summary |