Clergy Discipline Measure

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.

Grounds

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.

Making a complaint

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.

The Bishop's decision

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:

1. take no further action;
2. record the complaint conditionally for a period of up to five years, such that if another complaint is made within that time and is dealt with under paragraphs c, d or e below, the two complaints may be dealt with together;
3. refer the complaint to a conciliator in an attempt to obtain agreement between the complainant and the respondent as to how the complaint should be resolved;
4. impose a disciplinary penalty (but only with the consent of the respondent); or
5. require the complaint to be formally investigated by the Designated Officer, a barrister employed in the Legal Office of the National Institutions of the Church of England.

Bishop's disciplinary tribunal

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.

The Archbishops' list

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.

Proceedings in secular courts

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.

Code of Practice and other guidance

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?'

Practice directions and general policy guidance

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.

Clergy Discipline Rules 2005

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

Clergy Discipline Appeal Rules 2005

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.