Once again, sadly, we hear news of the closure of Uniting Church Congregations, and questions asked about the processes used to come to these decisions. These are always sad events, and are sensitive, so this discussion will stick to the processes rather than the specifics.
Firstly, what is the Presbytery's authority to close (technically, "dissolve or cease to recognise") a congregation? It is more that appropriate that this is the council of the Church to do so, it is the body tasked with the oversight of congregations. It is notable that this is one of a limited number of authorities of a Presbytery that cannot be delegated to another body. This means any decision made needs to come to a formal meeting of the Presbytery and be approved by a majority of people in a meeting that is primarily composed of people from neighbouring or relatively nearby congregations that have been entrusted to discern future directions for the Church. This is the council that would be expected to most intimately know and care for the members of any congregation effected by such decisions.
How can a Presbytery do this?
The Presbytery's powers in this are limited by Regulation
3.4.3- the Presbytery has to satisfy itself of a particular reason, has
to follow a particular process, and has to take acts to care for the
members of the congregation that is being closed.
There are two clauses that guide a Presbytery's decision making in such grounds:
The first is that the Regulations require that a Presbytery shall close a congregation if it determines that it is unable or unwilling to fulfil any of the responsibilities assigned to Congregations under Regulation 3.1.1. These Regulations relate both to the congregation's participation their own and the broader ministry of the Church, but also apply to administrative matters that ensure that the Congregation lies within the governance structures of the Church. None of these are optional, as failure to live up to our legal structures may place individual members of the Congregation and the broader Church at significant risk.
The second is that a Presbytery may determine to do such an action if it is determined to be in the best interest of the mission, witness and service of the Church within its bounds. This is a very broad clause, and relies upon the Presbytery assuring itself that the correct process is followed.
What process needs to be followed?
The Presbytery needs to meet two key aspects in its decision making process in coming to these decisions.
The first is that the Presbytery's focus needs to remain on our understandings of the Congregation, it is not just required to recognise the Congregation's special place as "the primary expression of the corporate life of the Church" but also to take account of the responsibilities that the Congregation holds. This is then expressed in a consultation process (which involves steps to ensure a level of administrative and pastoral fairness in the decision making).
This means we have a divergent approach with the two reasons for coming to a decision. When a congregation is unwilling or unable to fulfil its responsibilities, the Presbytery needs to seek to work with the congregation regarding the issue. This may lead to the congregation getting additional support (or even structural changes in the broader Church to address systematic issues, such as giving Presbyteries the authority to commission lay presiders at the sacraments in order to allow congregations to fulfil the fullness of their mission) but the congregation must ultimately be seen to moving towards meeting the fullness of their responsibilities or the Presbytery will be forced to make decisions (the wording of this part of the Regulation is shall rather than may).
It works the other way around when the Presbytery is seeking to close congregations for strategic purposes. The Presbytery does not just need to consider if the benefit of the change is sufficient to justify an act that goes against our understanding of Church, but also needs to satisfy itself that it has put in place suitable structures to ensure that the mission of the Church continues to be met in that space. In the presbyteries I have worked in, this would really only ever be agreed to if a common vision was agreed between a congregation (of often a group of congregations) and the Presbytery.
A summary of this process and the decisions to be made will be made available to the congregation prior to the ultimate decision proceeding for a vote of the Presbytery.
What happens to the members of the congregation?
The final part of the process (among technical requirements) obliges the Presbytery to ensure that the membership of all members of the congregation to be closed is to be maintained (by transfer to another congregation) and for appropriate pastoral care to be offered to all affected by the decision.
