As adopted September 2023
If you have a complaint about the Pagan Federation or one of our officers, please contact our Complaints Manager
- Scope and Principles
1.1 ALL members of the Pagan Federation are subject to this Complaints and Disciplinary Procedure. All complaints and disciplinary matters shall be investigated in compliance with this procedure.
1.2 Informal action to resolve problems will be considered and taken where appropriate.
1.3 No action will be taken until a case has been fully investigated.
1.4 Respondents will be informed of the nature of any complaint against then, and will have the opportunity to state their case to the LO and/ or a Panel.
1.5 Written copies of evidence will be provided to the parties where possible and appropriate.
1.6 Pastoral support from the PF shall be available to any person involved with the process who wishes it. - Your rights
2.1 There is a right of appeal against any decisions made by the LO and/or any Panel.
2.2 The CM / LO and / or Panel will endeavour to make any reasonable adjustments concerning disabilities as required by the parties during the process. - Offences
3.1 Any Pagan Federation member can be subject to disciplinary action if they deliberately or recklessly:
i. Act in any way contrary to the aims of Pagan Federation, or
ii. Act in any way that interferes with the Pagan Federation in the pursuit of its aims, activities, business, or in the running of its meetings, or
iii. Act in any way that could bring the Pagan Federation into disrepute, or
iv. Act in contravention of any applicable and properly enacted Pagan Federation provision, rule, regulation or code currently in force. - Misconduct, negligence and/or incompetence of PF officers
4.1 Any Pagan Federation officer may be subject to disciplinary action if they, without reasonable justification:
i. Fail to carry out their duties in an appropriate manner and in accordance with the provisions of their job descriptions or the Constitution;
ii. Act in excess of the powers and authorities delegated to that officer;
iii. Fail or refuse to carry out legitimate instructions issued through the appropriate Pagan Federation channels;
iv. Fail repeatedly to attend a sufficient number of the required meetings necessary for proper execution of their officer role;
v. Carry out their duties in a manner involving partiality or favouritism.
vi. Infringe any part of the PF Code of Conduct applying to officers
4.2 If any member of the Committee is found guilty of a serious breach of conduct, they shall be disbarred from standing for office for a period determined by the disciplinary decision. - Exceptions to allegations of misconduct, negligence and/or incompetence
5.1 No Pagan Federation officer may be found guilty of misconduct, negligence or incompetence for refusing to execute instructions which are contrary to, or fall outside of, the provisions of the officer’s job description or Constitution, which are illegal, or which are manifestly impossible or contrary to their health.
5.2 No Pagan Federation officer may be found guilty of misconduct, negligence or misconduct if they have timeously informed their line manager of reasonable grounds which may affect their ability to perform their duties as specified and not obstructed any attempts by their manager to replace them or otherwise resolve the problems caused by that infirmity. - Presumption of innocence and proof
6.1 All shall be presumed innocent until found guilty of any charge brought against them under the provisions of this disciplinary procedure. The level of proof required shall be the balance of probabilities. - Oaths and Statements of Truth
7.1 All written evidence shall be provided with a statement of truth signed by the relevant witness
7.2 All witnesses who give oral evidence in an in person hearing will be required to take an oath beforehand. This can be any of the standard oaths usually available to a court, including the secular affirmation and the Pagan oath. - Malicious prosecution
8.1 This Complaints and Disciplinary Procedure shall not be used in pursuit of trivial complaints or malicious or vindictive prosecution; to do so wastes valuable Pagan Federation resources and itself constitutes an offence through interference.
8.2 In the first instance, it shall be for the CM / Liaising Officer to determine, under the supervision of their Line Manager, whether any complaint is malicious and/or vindictive.
8.3 A Disciplinary Panel may, having heard a case, believe that the complaint has been brought maliciously. In those circumstances, the Panel may advise the Respondent in the case before them that they have the right to pursue a complaint of their own against the original Complainant upon that basis. - Confidentiality
9.1 All officers and members involved in this procedure have a duty of confidentiality.
9.2 Neither the Complainant nor the Respondent, nor witnesses who have provided written statements, or who may be called to give oral evidence, should discuss the case with each other at any stage, or with any other people who might know those involved in the case (outside of their own family or those permitted to accompany them to any Disciplinary hearings within this procedure);
9.3 Any officers involved in this procedure should only discuss the case with each other, and where strictly relevant to discharging their role in the procedure. - Communication
10.1 The Respondent(s) and Complainant(s) shall be informed at each stage of the procedure of the stage reached and the estimated time it may take to reach a decision.
10.2 If, for any reason, this estimate needs to be altered, the parties should be informed of this, and a new estimate given. Any reasons given for delay should be confined to the facts of the case without unnecessarily divulging personal information of anyone involved which is irrelevant to the case. - Delays
11.1 It is the duty of the CM / Liaising Officer to ensure that:
i. As far as possible, a decision by the CM / LO or Disciplinary Panel shall have been made on any complaint within 60 days of its notification to the PF or, in any case, within 90 days.
ii. Where it is not possible to keep to this timetable, the CM / Liaising Officer must inform their Line Manager or the President and the reasons for the delay, determine how best to proceed in the circumstances, and what information should be given the Respondent and Complainant for the extraordinary delay. - Criminal Charges
Where a criminal investigation is involved, this procedure may be suspended until that investigation is complete and its outcome known to the PF. The PF may, at its discretion, suspend the member or officer concerned until the criminal investigation is complete. - Terms and definitions
13.1 The “Complaints Manager” (CM) (whose Line Manager is the Advocacy Officer) shall be the person who deals with all Complaints and Disciplinary matters unless they are personally involved with the case.
13.2 The “Liaising Officer” (LO) will be the person who deals with a Complaints and Disciplinary matter in place of the Complaints Manager if the Complaints Manager is personally involved in the case. In such circumstances, the Liaising Officer will be a Pagan Federation officer or someone who is not involved with the case in any way, nor with any of the parties, and who does not have any prior knowledge of the case or the parties.
13.3 The term ‘Complainant’ shall apply to the person bringing a complaint, and the term ‘Respondent’ shall apply to the member or officer who is the subject of that complaint.
13.4 “Balance of probabilities” means that something (the allegation) is more likely than not to have happened. Any Disciplinary Panel convened will have to determine on that basis, in consideration of all the evidence before them, whether the complaint against the Respondent is proven or not proven.
13.5 Misconduct
i. Minor misconduct: Persistent problems of a procedural nature, such as delays or other paperwork failures, and minor breaches of the Code of Conduct. These are likely to be dealt with by way of the Management Advice Procedure (see Appendix 5). If the further minor misconduct arises subsequently, (whether or not of the same nature), the CM / LO will decide on what action should be taken. Complaints of minor misconduct will be retained for no longer than one year, unless the problem involves discrimination or harassment on the grounds of sex, race, religion, age or disability, in which case the records are retained for 6 years from the date the complaint is settled.
ii. Serious misconduct: Anything that is neither minor nor gross. Records will be retained for three years, unless the problem involves discrimination or harassment on the grounds of sex, race, religion, age or disability, in which case the records are retained for 6 years from the date the complaint is settled. If personal injury to any officer or member is involved, records are to be retained for 12 years from the date the complaint is settled.
iii. Gross misconduct: E.g. deliberate destruction of PF property, theft of PF funds, criminal convictions (barring minor motoring offences), bodily harm of PF members, serious discrimination or harassment of PF members. Gross misconduct may be cause for immediate suspension of any officer from their post or any member from PF events or groups, pending use of the Complaints and Disciplinary procedure. Records are retained for 6 years from the date the complaint is settled. If personal injury to any officer or member is involved, records are to be retained for 12 years from the date the complaint is settled.
13.6 Negligence
Occurs where an officer owes a duty of care to the PF and/or its members, and that duty is breached in a way which the officer could be expected to have foreseen.
13.7 Recklessness
Recklessness, whether intentional or unintentional, which causes harm to The Pagan Federation, any of its subsidiaries, its volunteers or its members. - Complaints and Disciplinary Procedure (See Appendix 1 for accompanying flow chart)
14.1 The Complainant shall submit to the Complaints Manager (or other Liaising Officer if appropriate) a written summary of the complaint (either in hard copy to the main PF postal address or to complaints@paganfederation.co.uk ) for consideration within 60 days of the alleged offence, or of the discovery of the alleged offence – or longer under extenuating circumstances. If the Complaints Manager is the subject of the complaint the matter shall be submitted to the Advocacy Officer at advocacy@paganfederation.co.uk .
14.2 The Complaints Manager / LO will assess the complaint to determine:
i. whether it fully describes the complaint
ii. whether it is reasonable, for example, because there is a clear breach of the Code of Conduct or an offence being alleged
iii. whether the Complainant(s) and Respondent(s) are clearly identified, and whether there are clear and complete contact details for the parties
iv. whether there are any witnesses willing to support the complaint, and whether their full contact details have been provided
14.3 If the complaint is not reasonable the Complaints Manager / LO will inform the parties, providing reasons for the decision, report the situation to the Advocacy Officer / LO LM, and move to dismiss the matter.
14.4
i. If the CM / LO finds that the complaint is reasonable, the CM / LO will assess whether there are any safeguarding and / or Fast Track issues involved which need to be reported to the Safeguarding Lead and / or the Advocacy Officer /LO LM.
ii. If safeguarding issues arise, the Complaints Manager / LO will report this to the Advocacy Officer /LO LM and the Safeguarding Lead who will assess together whether immediate suspension of the member or officer is required.
iii. In cases where no safeguarding issues arise, but implementation of the Fast Track Procedure is being considered, the CM / LO will report to the Advocacy Officer / LO LM to decide whether said procedure should be implemented or the matter dealt with via the standard Complaints and Disciplinary Procedure.
ii. If it is decided that the Fast Track Procedure should be implemented, see below Section 17 and Appendix 4 for accompanying flow chart.
14.5 If there are no safeguarding / Fast Track issues, the Complaints Manager / LO will proceed to assess the complaint further to determine:
i. whether there are named witnesses, with contact details provided, who are willing to support the complaint by making statements.
ii. what other supporting evidence there is, and/or can or should be obtained, such as mobile phone video footage. iii. whether there is any further information required from the parties.
iv. CM / CM LM/ LO /LO LM to determine whether immediate suspension of member or officer is appropriate or await the outcome of either an internal Complaints Procedure or an external investigation.
14.6 The Complaints Manager / LO will then contact the parties to explain the procedure and to offer them pastoral support from the PF, should they wish to access it.
14.7 The Complaints Manager / LO will then complete the Case Summary Schedule which should contain all the information about the complaint available to the CM / LO at that time.
14.8
i. The CM /LO will then send the completed Case Summary Schedule to the Complainant and Respondent inviting them to agree that the details are correct and inviting the Respondent to insert details of any defences, counter allegations, admissions or mitigation which they may wish to put forward.
ii. The CM /LO will inform the parties at this point that they each have 14 days (barring exceptional circumstances which should immediately be communicated to the CM / LO) to return the Case Summary Schedule either accepted as is, or with relevant additions.
iii. Failure by the Complainant to comply will result in the complaint being struck out. Failure by the Respondent to comply will result in the case being decided without their input or contribution. The CM / LO will inform the parties of this part of the procedure beforehand, and will inform them if such a decision is taken as well as the reasons why.
14.9 Upon receipt of the completed Case Summary Schedule the CM / LO will assess whether any further information is required. If so, this should be obtained, included within the Case Summary Schedule and the parties again asked to agree the contents of the schedule.
14.10
If the Respondent is a PF officer, the CM /LO will now consider, with the assistance of the officer’s Line Manager, whether the case is suitable for Management Advice or whether a Disciplinary Panel should be convened.
14.11 If it is decided that the matter is suitable for Management Advice, this will be carried out by the Respondent’s Line Manager. (See Management Advice Procedure below at Section 18 and accompanying flow chart at Appendix 5).
14.12 Otherwise in all other cases, the CM /LO will proceed to convene a Disciplinary Panel. (See Disciplinary Panel Procedure Section 15 and accompanying flow chart at Appendix 2).
14.13 In all cases, the CM /LO must inform the parties of the relevant decision, and the right to appeal, within 5 working days of that decision.
14.14 If an Appeal is lodged see Appeal Procedure at Section 16 and accompanying flow chart at Appendix 3. The CM /LO must inform the parties of the outcome of any Appeal within 5 working days of the decision.
14.15 Upon completion of the case, the CM /LO must complete a Case Review and report to the Advocacy Officer / LO LM. - Disciplinary Panel Procedure (See Appendix 2 for accompanying flow chart)
15.1 If the CM / LO, having assessed the complaint, has determined that resolution of the case requires the appointment of a Disciplinary Panel to hear all the evidence, make findings and potentially impose penalties, the CM / LO will go on to convene the Panel.
15.2 The CM / LO will determine who will sit on the Panel which MUST NOT include the Complainant or Respondent, or anyone else connected to the case, MUST include the CM / LO, and MUST also include two other members of the PF who are otherwise wholly independent of the case.
15.3 Where a PF officer is requested to form part of the Disciplinary Panel they are expected to do so unless there is a sensible reason not to do so.
15.4 The Panel will decide whether they wish to determine the case by way of a paper exercise or by way of live evidence during an in person hearing (it may be that this will take place via electronic means).
15.5 If, once the Panel is convened, the Respondent has not already been suspended, the Panel shall have the right to consider the seriousness of the complaint and whether the Respondent should be suspended from their duties or privileges pending completion of the process.
15.6 At any live hearing the Complainant and/or the Respondent shall be entitled to be accompanied by a single representative or supporter who may question evidence relevant to the charges to be considered. No other persons have the right to attend. The Disciplinary Panel shall exercise discretion as to whether any other persons shall be permitted to attend. The Panel must make any reasonable adjustments for disabilities during any live hearing.
15.7 The Panel MUST hear / read / view evidence from ALL the parties – the Complainant, the Respondent and any witnesses relevant to both the Complainant and the Respondent in order to come to any decision.
15.8 The Panel may request further evidence if it is believed necessary to reach a conclusion and it is thought to be reasonably obtainable, and may delay the conclusion of the case for not longer than 30 days for this reason.
15.9 The Panel’s deliberations will take place in private, regardless of whether the process is a paper exercise, or one involving live evidence.
15.10 The Panel has a duty to keep accurate records of the proceedings and their deliberations. These records shall not usually be accessible by the parties in the case, except in exceptional circumstances and subject to the Data Protection Act 2018.
15.11 If the Panel finds that the case against the Respondent is not proven on the balance of probabilities, they shall move to dismiss it. If the Respondent has been suspended for any reason that suspension shall be lifted, subject to any other pending matters for which a suspension may have been imposed.
15.12 If a Disciplinary Panel, having heard a case, believes that the complaint has been brought maliciously, they may advise the Respondent in the case before them that they have the right to pursue a complaint of their own against the original Complainant upon that basis.
15.13 If the Panel finds that the case is proven against the Respondent on the balance of probabilities the Panel will hear, and take into consideration, any mitigation that the Respondent wishes to put forward. The Panel should also hear from the Complainant about any direct personal impact which the case has had upon them. If the case has been decided by way of a paper exercise, the parties should be allowed to file statements concerning these matters before any decisions are taken or penalties imposed.
15.14 Once the Panel has all the information it requires, it should impose a penalty commensurate with the offence, taking into consideration all the relevant circumstances of the case, the Complainant and the Respondent.
15.15 Penalties
Penalties imposed by the Disciplinary Panel may include:
i. Suspension of a member’s rights to attend Pagan Federation meetings, functions or events for a specified time or until conditions determined by the Disciplinary Panel have been fulfilled or for life;
ii. Suspension of a member’s Pagan Federation membership for a specified time or until conditions determined by the Disciplinary Panel have been fulfilled or for life;
iii. Expulsion of the member from the Pagan Federation for life;
iv. If the Respondent is a PF officer:
a. Removal of any Pagan Federation officer from the post that they occupied;
b. Debarment from holding specific officer posts, or all officer posts, either for a specified time, or until conditions determined by the Disciplinary Panel have been fulfilled, or for life;
15.16 The CM / LO must inform the parties of the final outcome / decision in the case within 5 working days of that decision / outcome being reached, as well as the right of an Appeal. (See Appeal Procedure below at Section 16 and accompanying flow chart at Appendix 3.)
15.17 If there is no Appeal, the CM / LO will report the final decision / outcome to the parties, complete a case review and report to the Advocacy Officer / LO LM. - Appeals Procedure (See Appendix 3 for accompanying flow chart)
16.1 This Appeals Procedure shall be used for all Appeals from the Standard Complaints and Disciplinary and Fast Track Procedures
16.2 The CM / LO will first determine whether the Appeal been lodged with the CM / LO in writing within the requisite 5 days from being notified of the original outcome, and whether the application has a statement of truth attached.
16.3 If not, the CM /LO will strike out the Appeal, and notify the Appellant of this fact (barring exceptional circumstances which must be communicated to the CM within the Appeal Application if relevant).
16.4 If the Appeal has been correctly lodged within the requisite time period, the CM /LO will assess whether valid grounds are specified.
16.5 The grounds of Appeal are:
i. That the Disciplinary procedure was not conducted in accordance with these rules.
ii. That the Disciplinary Panel was unaware of, or failed to take proper account of, significant facts pertaining to the complaint which were either known to them at the time of their decision, or which have since come to light and have been included in the Appeal application.
iii. That the Disciplinary Panel has imposed a penalty or penalties which are not commensurate with the offence, of the full circumstances of the case.
16.5 If the CM / LO finds that there are no valid grounds for the Appeal, it shall be struck out and that decision communicated to the Appellant within 5 working days of that decision.
16.6 If the Appeal has been filed within the requisite time and is based on valid grounds, the CM /LO will appoint an Independent Appeal Adjudicator to process Appeal. The Independent Adjudicator MUST NOT be the CM /LO, anyone who has been part of the Disciplinary Panel, anyone in any way related to the case, or anyone with prior knowledge of it.
16.7 The Independent Appeal Adjudicator shall consider the written Appeal together with all the records of the case and come to a decision within 5 working days.
16.8 The Independent Appeal Adjudicator shall notify their decision to all parties and the CM / LO within 5 days of coming to a decision.
16.9 At the conclusion of the Appeals Procedure the CM / LO shall complete a case review and report to the Advocacy Officer /LO LM. - Fast Track Disciplinary Procedure (See Appendix 4 for accompanying flow chart)
17.1 The Fast Track Procedure is to be used in situations where a PF Officer’s behaviour is considered to be completely unacceptable and prompt action is required in order to avoid the PF being brought into disrepute. It applies to serious and gross misconduct.
17.2 The CM / LO must assess whether there is clear cut, demonstrable evidence that an Officer’s behaviour amounts to serious and/or gross misconduct AND none of the exceptions to misconduct apply AND the behaviour is of such a serious nature that immediate dismissal is required in order to prevent the PF being brought into disrepute.
17.3 If the CM /LO finds that ALL the criteria are NOT met, the Standard Complaints and Disciplinary Procedure shall be followed. (See above at Section 14 and Appendix 1 for the accompanying flow chart).
17.4 If the CM / LO finds that ALL the above criteria are met, the CM / LO, the CM / LO’s LM, and /or SL (if safeguarding issues arise) will determine whether there is a need to implement the Fast Track Procedure. The Respondent Officer’s LM may be consulted in coming to this decision.
17.5 If the Fast Track Procedure is implemented, CM /LO to inform Officer’s LM and Snr Line Manager (SLM) that immediate dismissal should take effect. CM / LO to inform Officer of this fact and advise Officer of their right to appeal that decision.
17.6 If any Appeal is lodged, the Appeal Procedure must be followed. (See Section 16 and accompanying flow chart at Appendix 3)
17.7 If no Appeal is lodged, the CM /LO must complete a case review and report to the Advocacy Officer / LO LM. - Management Advice Procedure for PF Officers (see accompanying flow chart at Appendix 5)
18.1 To be used where, during the processing of a complaint against a PF Officer, the CM /LO is of the view that the case is suitable for Management Advice, rather than being heard by a Disciplinary Panel. This procedure is likely to be used for situations where the behaviour complained of is of a minor nature, and the penalties available to any Disciplinary Panel would be entirely too severe to be considered commensurate with that behaviour.
18.2 Once the CM /LO has determined that the case is suitable to be dealt with by way of Management Advice, this will be communicated first to the Officer’s LM. In the case of a complaint about the Officer’s conduct in carrying out their role, the CM / LO will discuss the matter with the Officer’s LM in coming to this decision.
18.3 Once the decision has been made, CM /LO will inform the Officer of this decision, and will notify the Officer that Management Advice will be given by the Officer’s LM.
18.4 The LM will then give the Officer a written warning about the incident or behaviour, with advice about how to avoid it happening again AND, where appropriate, will give the Officer 21 days to remedy the situation.
18.5 The LM must make a written record of these efforts and copy this to the CM /LO.
18.6 Where an Officer is given 21 days to remedy a situation or behaviour, but no improvement is seen by the Officer’s LM within those 21 days, the Officer’s LM should refer the matter back to the Complaints Manager, who will decide whether a Disciplinary Panel should be convened. - Date for next review of this document: September 2024