



| Information | Where to find us | |
| Media Centre | Home |

| home / about the church / church law and legislation / clergy discipline measure |
Clergy Discipline Rules Form 1a
Clergy Discipline Rules Form 1b
Clergy Discipline Rules Form 1c
Clergy Discipline Rules Form 1d
Clergy Discipline Rules Form 1e
Clergy Discipline Rules Form 1f
Clergy Discipline Rules Form 1g
Clergy Discipline Rules Form 2
Clergy Discipline Rules Form 3
Clergy Discipline Rules Form 4
Clergy Discipline Rules Form 5
Clergy Discipline Rules Form 6
Clergy Discipline Rules Form 7
Clergy Discipline Rules Form 8
Clergy Discipline Rules Form 9
Clergy Discipline Rules Form 10
Clergy Discipline Rules Form 11
Clergy Discipline Rules Form 12a
Clergy Discipline Rules Form 12b
Clergy Discipline Rules Form 13a
Clergy Discipline Rules Form 13b
Clergy Discipline Appeal Rules Form A1
Clergy Discipline Appeal Rules Form A2
Clergy Discipline Appeal Rules Form A3
Clergy Discipline Appeal Rules Form A4
Clergy Discipline Appeal Rules Form A5
Clergy Discipline Appeal Rules Form A6
Diagram of Disciplinary Procedure
Leaflet - I have a complaint about misconduct by a member of the clergy - what can I do?
Practice Direction 1 – Addressing tribunal on penalties
Tell us what you think about our website
The Clergy Discipline Measure 2003 (2003 No. 3), which came fully into force on 1st January 2006, provides a new structure for dealing efficiently and fairly with formal complaints of misconduct against members of the clergy (except in relation to matters involving doctrine, ritual or ceremonial). All admitted to Holy Orders in the Church of England are covered by the Measure, whether or not in active ministry. Where the formal complaint concerns a priest or deacon, the disciplinary structure is centred on the bishop; where the complaint concerns a bishop, the structure is centred on the archbishop of the relevant province.
A diagram showing how the new disciplinary procedures work is provided here. The Measure itself is available here.
There are four grounds for alleging misconduct, namely, acting in breach of ecclesiastical law, failing to do something which should have been done under ecclesiastical law, neglecting to perform or being inefficient in performing the duties of office, or engaging in conduct that is unbecoming or inappropriate to the office and work of the clergy.
The disciplinary process is started by a formal written complaint, which is made to the bishop (or archbishop, as the case may be). The complainant must produce written evidence in support of the complaint, and verify the complaint by a statement of truth. The complaint and evidence in support are referred by the bishop to the diocesan registrar for advice on whether the complainant has a proper interest in making the complaint, and whether the allegations are of sufficient substance to justify proceedings under the Measure. This is the ‘preliminary scrutiny’ stage.
Having received the registrar’s advice, if the bishop considers that the complainant has a proper interest in complaining and that the complaint deserves further consideration, he will invite the priest or deacon about whom the complaint is made (‘the respondent’), to send a written answer verified by a statement of truth, together with evidence in support. The bishop will then decide which of five possible courses of action available to him under the Measure is the appropriate one to pursue. He can:
The vast majority of cases will be dealt with by the bishop of the relevant diocese. In the small minority of cases where the Designated Officer is asked to investigate, a report will be produced for the President of Tribunals, who will then decide whether there is a case to answer before a bishop’s disciplinary tribunal. Tribunals consist of two members in Holy Orders and two communicant lay members, plus an experienced lawyer in the chair. If a complaint is proved, the tribunal can impose the same range of penalties that a bishop can impose by consent, ranging from a rebuke to lifelong prohibition from exercising any ministerial functions.
Where a penalty is imposed under the Measure, either by the bishop or by the bishop’s disciplinary tribunal, it will be recorded in the Archbishops’ list, which is maintained at Lambeth Palace. The respondent will be informed of the particulars to be recorded, and may request the President of Tribunals to review the entry.
The Measure provides a separate procedure under which a member of the clergy who commits a criminal offence and receives a sentence of imprisonment may be liable to a penalty of removal from office, or prohibition from exercising any functions. A similar procedure is available if a respondent has had a decree of divorce or an order of judicial separation made against him or her and has committed adultery, behaved unreasonably or deserted the former spouse.
The Clergy Discipline Commission ("the Commission") has produced a Code of Practice, which is intended as a guide to the Measure and the new procedures. It points users in the right direction, and draws their attention to the relevant provisions in the Measure and the procedural rules made under it. The Code can be purchased from Church House Bookshop, 31 Great Smith Street, London, SW1P 3BN (020 7898 1300) or via their website.
The Commission has also issued guidance on penalties, as well as a brief four-page leaflet entitled 'I have a complaint about misconduct by a member of the clergy – what can I do?'
Under section 4 of the Measure, the President of Tribunals has a duty to issue practice directions dealing with aspects of proceedings under the Measure. Two such directions have so far been issued.
No. |
Title |
Issue date |
|
1 |
Addressing the tribunal in relation to penalties |
21st May 2008 |
|
2 |
Amendments to allegations of misconduct that have been referred to a tribunal |
21st May 2008 |
|
3 |
Attendance on behalf of a bishop at a hearing in private |
22nd September 2008 |
These rules (S.I. 2005 No. 2022) came into force on 1st January 2006. The complete rules are available on the OPSI website here. The various standard forms provided in the Schedule to the rules are also available separately as follows:
Form 1a Complaint under the Clergy Discipline Measure 2003 about a priest or deacon
Form 1b Complaint under the Clergy Discipline Measure 2003 about a bishop or archbishop
Form 1c Application for permission to make out of time a complaint of misconduct under the Clergy Discipline Measure 2003
Form 1d Complaint under the Clergy Discipline Measure 2003 about a clerk in holy orders serving in a cathedral church
Form 1e Complaint under the Clergy Discipline Measure 2003 about a chaplain of a prison, hospital, university, school or other institution
Form 1f Complaint under the Clergy Discipline Measure 2003 about a chaplain of one of the armed forces of the Crown
Form 1g Complaint under the Clergy Discipline Measure 2003 about a minister who has an archbishop's licence to preach throughout the province, or a minister who has a licence from the University of Oxford or Cambridge
Form 2 Respondent's answer to a Complaint
Form 3 Statement in support of a Complaint, or in support of an Answer to a Complaint
Form 4 Request by a complainant to the President of Tribunals to review the dismissal of a complaint under section 11
Form 5 Referral by a complainant to the President of Tribunals to consider a determination that there is to be no further action
Form 6 Respondent's consent to a conditional deferment
Form 7 Respondent's consent to a penalty
Form 8 Notice of Application to the Registrar of Tribunals
Form 9 Response to an Application to the Registrar of Tribunals
Form 10 Notice in respect of the production of documents
Form 11 Order to produce documents
Form 12a Notice of suspension under section 36(1)(a) of the Measure to a priest or deacon
Form 12b Notice of suspension under section 37(1)(a) of the Measure to a bishop or archbishop
Form 13a Notice of suspension under section 36(1)(b) of the Measure to a priest or deacon
Form 13b Notice of suspension under section 37(1)(b) of the Measure to a bishop or archbishop
These rules (S.I. 2005 No. 3201) came into force on 1st January 2006 and are available to download from the OPSI website here. The various standard forms provided in the Schedule to the rules are as follows:
Form A1 Notice of appeal from a respondent to a complaint
Form A2 Notice of appeal from the Designated Officer
Form A3 Application for permission to appeal out of time
Form A4 Application for permission to rely on new evidence
Form A5 Notice of application in the course of appeal proceedings
Form A6 Response to an application in the course of appeal proceedings
If you have any general enquiries about the operation of the new disciplinary procedures, please contact the Legal Office.