A diagram showing how the disciplinary procedures work is
provided here.
Making a complaint
The disciplinary process is started by a formal written
complaint of misconduct, which is made to the bishop (or
archbishop, as the case may be). There are four grounds on
which misconduct may be alleged, 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 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 (1) whether the complainant has a
proper interest in making the complaint, and (2) whether the
allegations are of sufficient substance to justify proceedings
under the Measure. This is the 'preliminary scrutiny'
stage.
Bishop's decision
Having received the registrar's advice, the bishop may decide
that it should be dismissed, in which case it will proceed no
further under the Measure. If on the other hand 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:
- take no further action;
- 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 then be dealt with together;
- 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;
- impose a disciplinary penalty (but only with the consent of the
respondent); or
-
require the complaint to be formally investigated by the
Designated Officer, a barrister employed in the Church of England
Legal Office.
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.