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Re Church of the Community of the Resurrection, Mirfield

Wakefield Consistory Court: Downes Ch, November 2010 Reordering – monastic church – Bishopsgate questions

Published online by Cambridge University Press:  26 April 2011

Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Dioceses of Chichester and Norwich
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2011

Representatives of the monastic community petitioned for a re-ordering of their church to include the change of certain furniture, the levelling of the floor and the installation of new heating, lighting and sound systems. There had been a number of accidents and disabled brethren were currently unable to join in with the sacramental life of the community. The church had been almost completely abandoned as a monastic centre for worship. The petitioners submitted that the proposals were necessary in order to avoid future accidents and to ensure full access to the church for brethren, pilgrims and visitors. An objector argued that the proposed works should not go ahead, inter alia, because their purpose was to improve the comfort of the brethren and such considerations were improper for monastic brothers. The chancellor applied the Bishopsgate questions and then posed a fourth relevant question applicable to the case of a monastic (as opposed to a parish) church: ‘whose need is to be considered?’ The chancellor observed that disability discrimination legislation required the needs of both the brethren and the public to be considered. Noting that the pastoral reasons for the proposed changes were overwhelming, the chancellor considered the needs of both the brethren and wider worshipping community and granted the faculty. [RA]