Appendix 1: A Summary of the procedures
under the Clergy Discipline Measure 2003
1. All admitted to Holy Orders of the Church
of England are covered by the 2003 Measure, whether deacon, priest,
bishop, or archbishop, and whether or not in active ministry.
Where the formal complaint concerns priests or deacons, the disciplinary
structure is centred on the bishop, because in each diocese it
is the bishop who is responsible for administering discipline.
2. There are four grounds under the 2003 Measure
for alleging misconduct against a member of the clergy ("the
respondent"), 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 a clerk
in Holy Orders.
3. The disciplinary process is started by a formal
written complaint, which is made to the bishop (or to the archbishop
in case of a complaint about a bishop). The complaint must be
made within one year of the alleged misconduct in question, or
within one year of the last occasion of misconduct where there
is a series of acts or omissions amounting to misconduct. This
period of one year can be extended by the President of Tribunals
(an office which is held by the Chair of the Clergy Discipline
Commission).
4. The person making the complaint ("the
complainant") must produce written evidence in support of
the complaint. The complaint with the evidence in support is
referred in the first instance to the diocesan registrar for preliminary
scrutiny. The registrar checks to see if the complainant has
the right to complain, and whether the allegations would amount
to misconduct if proved; the registrar makes a report on these
matters to the bishop and copies of the report are given to the
complainant and respondent. On receipt of the registrar's report,
if the bishop decides that the complainant is not entitled to
complain, or if the issues raised do not justify further serious
consideration, the bishop may dismiss the complaint.
5. If the complaint is not dismissed at this
stage, the bishop invites the respondent to put in a written Answer
to the complaint, and upon receipt of that decides which course
to take. There are five courses available to the bishop under
the 2003 Measure:
(a) He can decide to take no further action;
(b) With the respondent's consent, the bishop
can leave the complaint on the record for up to 5 years (known
as a 'conditional deferment'); if during that time another complaint
of misconduct is made against the respondent then this first matter
may be dealt with at the same time and in the same way as the
later complaint;
(c) With the agreement of the complainant and
the respondent, the bishop can appoint a conciliator to attempt
to bring about a conciliation;
(d) Where a respondent admits misconduct the
bishop may impose an appropriate penalty with the respondent's
consent; and
(e) Where there is no admission of misconduct,
or no agreement over the appropriate penalty, or an attempt at
conciliation fails, the bishop may refer the complaint for a formal
investigation. A report is prepared by the legally qualified
Designated Officer and is submitted to the President of Tribunals
who decides if there is a case to answer.
6. If, following the formal investigation, the
President decides that there is no case to answer, no further
steps are taken under the 2003 Measure. If, on the other hand,
he decides there is a case to answer, the President refers the
complaint to the bishop's disciplinary tribunal, before which
the case for the complainant is conducted by the Designated Officer.
A tribunal consists of five people (two laity, two clergy, and
a legally qualified chair) who are selected by the President from
the relevant provincial panel, the members of which are nominated
by the diocesan bishops and archbishop of that province.
7. Complaints against bishops are subject to
similar procedures. The main differences are that the complaints
are made to the relevant archbishop, the preliminary scrutiny
is conducted by the provincial registrar, and the Vicar-General's
court hears any case to be answered.
8. Various penalties can be imposed for misconduct.
These can be imposed by the bishop with the consent of the respondent,
or by the bishop's disciplinary tribunal. The penalties range
from a life-long prohibition from exercising any functions, to
a rebuke. A tribunal may also make a conditional discharge order
for a period of up to two years, which means that no penalty is
imposed provided the respondent commits no further misconduct
during that period.
9. If a penalty is imposed under the 2003 Measure,
either by the bishop or by the bishop's disciplinary tribunal,
it is recorded in the 'Archbishops' list' which is compiled and
maintained jointly by the archbishops.
10. The 2003 Measure also provides a separate
procedure under section 30(1)(a) whereby 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 to prohibition
from exercising any functions of his or her Orders. A similar
procedure under section 30(1)(b) 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.
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