The Clergy Discipline Measure 2003 (2003 No.3) came fully into force on 1^st January 2006. The Measure can be obtained from HMSO. It 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 of the Church of England are covered by the Measure, whether or not in active ministry. Where the formal complaint concerns priests or deacons, the disciplinary structure is centred on the bishop.

A diagram showing how the new disciplinary procedures work is provided.

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, and 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. The complainant must produce written evidence in support of the complaint, and verify the complaint by a statement of truth. The complaint and the evidence in support are referred by the bishop to the diocesan registrar for advice on whether the complainant is entitled to make the complaint, and whether the allegations are of sufficient substance to justify proceeding with it 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 is entitled to complain 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 the appropriate course to pursue. He can:

take no further action;
record that the complaint has been made but defer dealing with it for up to five years to see if any other complaints are made within that time;
refer the complaint to an impartial conciliator in an attempt to obtain agreement between the complainant and the respondent on how the complaint should be resolved;
impose a disciplinary penalty, but only with the consent of the respondent; or
require the complaint to be formally investigated by the Designated Officer, who is a barrister employed in the Legal Office of the National Institutions of the Church of England.

Bishop's disciplinary tribunal

It is expected that the vast majority of cases will be dealt with by the bishop. In the minority of cases where the Designated Officer is asked to investigate, he will produce a report for the President of Tribunals, who will then decide if there is a case to answer before a bishop’s disciplinary tribunal. A tribunal will consist of two members in Holy Orders and two actual communicant lay people, plus an experienced lawyer in the chair. If a complaint is proved, the tribunal can impose the same penalties that a bishop can impose by consent. The penalties range from a life-long prohibition from exercising any functions, to a rebuke.

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 will be maintained at Lambeth Palace. The respondent will be informed of the particulars to be recorded, and may request the President of Tribunals to review and alter the entry.

Proceedings in secular courts

The Measure also 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.

Guidance material

The Code of Practice

The Clergy Discipline Commission ("the Commission") has produced a Code of Practice. The Code is intended to be 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.

Guidance on penalties

The Commission has issued guidance on penalties.

Practice directions and general policy guidance

The Commission will be issuing practice directions and general policy guidance from time to time starting in 2006. None have so far been produced.

Number	Title	Date

Other material

The Commission has produced a brief four-page leaflet entitled: "I have a complaint about misconduct by a member of the clergy - what can I do?"

Clergy Discipline Rules 2005

These rules (SI 2005 No. 2022) came into force on 1st January 2006 and can be obtained from HMSO.

All the forms in the Schedule to these rules can be downloaded here:

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 (SI 2005 No. 3201) came into force on 1st January 2006 and can be obtained from HMSO.

All the forms in the Schedule to these rules can be downloaded here:

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 queries on the operation of the new disciplinary procedures please contact the Legal Office.

Resources

Clergy Discipline

The Clergy Discipline Measure 2003