|
The
Clergy Discipline Measure provides a credible, fair and
open system for administering discipline when complaints
are made against clergy.
Making
a complaint
1.
A person who wishes to make a complaint against a deacon
or priest must do so in writing to the Bishop of the diocese
or, in the case of a complaint against a Bishop, to the
Archbishop of the province. The complaint must include written
particulars of the alleged misconduct and written evidence
in support of the complaint.
2.
Disciplinary proceedings may be instituted if the complaint
relates to the contravening of ecclesiastical law, the failure
to do any act required by ecclesiastical law, the neglect
or inefficiency in the performance of the duties of office
or conduct unbecoming or inappropriate to the office and
work of a clerk in Holy Orders.
3.
Disciplinary proceedings will not be instituted if more
than one year has elapsed since the last occurrence of the
alleged misconduct. It is possible however for the President
of Tribunals (a national post) to give his written permission
for proceedings to be instituted after this time, after
consultation with the complainant and the respondent, if
he or she considers that there is good reason why the complainant
did not institute proceedings at an earlier date.
Responses
to the complaint
4.
The Bishop will refer the complaint in the first instance
to the diocesan registrar who will decide whether there
is sufficient substance in the complaint to justify proceeding
with it under the Clergy Discipline Measure. The registrar
will notify the respondent that the complaint has been referred
to him or herself.
5.
The registrar will, within a period of twenty eight days
of receiving the complaint, send a written report to the
Bishop as to whether the complaint should be dealt with
under the Measure. This period of 28 days may be extended
once, after consultation with the complainant and the respondent
if the registrar considers it justified by the particular
circumstances of the case.
6.
After receiving the registrar’s report, the Bishop
may dismiss the complaint. If he does, he will inform the
complainant and the respondent in writing and send them
each a copy of the registrar’s report.
7.
If the complaint is dismissed, the complainant may request
the President of Tribunals to review the dismissal.
8. If the complaint is not dismissed or the President of
Tribunals directs the bishop to pursue the complaint, the
following courses may be followed by the bishop:
i)
he may, if the respondent consents, direct that the matter
remain on a record maintained by the diocesan registrar
for a period, not exceeding five years, to be determined
by the Bishop. The complaint and the Bishop’s determination
will be sent to the Archbishop of the province;
ii)
he may attempt to bring about conciliation. If this is done,
the complainant and respondent will be given an opportunity
to make representations and, if both of them agree, a conciliator
will be appointed. The Bishop must be satisfied that the
conciliator is impartial. The conciliator will endeavour
to bring about a conciliation between the complainant and
the respondent within three months and send a report to
the Bishop. If a conciliation is not brought about, another
conciliator may be appointed with agreement of the complainant
and the respondent. If the complainant and the respondent
do not agree, the matter will be referred back to the Bishop
to consider using other provisions of the Measure of dealing
with the complaint;
iii)
he may impose a penalty with the consent of the respondent,
after the complainant and respondent have both been given
the opportunity to make representations. Where agreement
cannot be achieved, the Bishop will use other provisions
of the Measure to deal with the complaint. Where it is agreed
that resignation is the appropriate course, the respondent
or the Bishop may withdraw their agreement within seven
days;
iv)
he may require the complaint to be formally investigated.
He will refer the matter to the designated officer who will
be responsible for causing inquiries to be made into the
complaints. After inquiries have been made, the President
of Tribunals will be asked to decide whether there is a
case to answer in respect of which a disciplinary tribunal
(or the Vicar-General’s court in respect of a bishop)
should be requested to adjudicate. If the President of Tribunals
decides that there is no case to answer, he will declare
his decision and no further steps shall be taken. The decision
will be sent in writing to the complainant, the respondent,
the Bishop and the designated officer. If it is decided
that there is a case to answer, it will be considered by
the Bishop’s disciplinary tribunal. The hearing will
be in private except where the tribunal directs, or the
respondent requests, a public hearing. The outcome will
rest on the majority decision of the five tribunal members
based on the standard of proof required in proceedings of
the High Court exercising civil jurisdiction.
The
tribunal can impose a penalty or defer consideration of
the penalty, for which purpose the proceedings may be adjourned,
or impose no penalty. The Bishop may be invited to give
his views in writing about the penalty to be imposed.
The
penalties recommended can include:
a)
prohibition from exercising ecclesiastical office whether
for a specific time or without limit of time;
b) removal from office;
c) revocation of a licence;
d) injunction to do or refrain from doing a specified act;
e) rebuke.
The
Measure makes it possible for the above penalties to be
imposed where proceedings have been instituted against a
clerk in Holy Orders in a secular court.
The
designated officer will conduct the case for the complainant
at the tribunal. The designated officer on a question of
law, and the defendant, on a question of law or fact, may
appeal against the decision of the disciplinary tribunal
or the Vicar-General’s court to the Arches Court of
Canterbury (where the proceedings take place in the province
of Canterbury) or the Chancery Court of York (where the
proceedings take place in the province of York).
9.
There are similar procedures at provincial level for dealing
with complaints against Bishops and Archbishops;
10.
There will be a Clergy Discipline Commission having 12 members
appointed by the Appointments Committee of the General Synod
which will include at least two people from each of the
Houses of the General Synod, and two people with specified
legal qualifications and experience. The Commission will
be required:
i)
to give advice to the Bishops’ disciplinary tribunals,
the courts of the Vicar-General, Bishops and Archbishops
as to the penalties which are appropriate in particular
circumstances;
ii)
to issue codes of practice and general policy guidance to
people exercising functions in connection with clergy discipline;
iii)
to make an annual report to General Synod through the House
of Bishops on the exercise of its functions during the previous
year.
11.
The Commission will compile a panel for each province of
persons available for appointment as members of a disciplinary
tribunal or Vicar-General’s court. The list will include
names of:-
a)
two lay people from each diocese nominated by the Bishop
of the diocese after consultation with the Bishop’s
Council, who are resident in the diocese and on the electoral
roll of a parish in the diocese;
b) two people in Holy orders from each diocese nominated
by the Bishop after consultation with the Bishop’s
Council, who must have been ordained for at least seven
years and resident in the diocese;
c) ten people nominated by the Archbishop of the relevant
province who have specified legal qualifications.
12.
The Archbishop of the relevant province may also nominate
to the panel up to five lay people resident in the province
and on an electoral roll in the province and up to five
people who have been ordained for at least seven years and
resident in the province.
13.
The normal period of office on the panel with be six years
with the possibility of one extension of a further six years.
14,
The Chairman of the Commission shall act as the President
of Tribunals. The deputy chairman of the Commission will
act as the deputy president of tribunals.
15.
Any Bishop’s disciplinary tribunal shall consist of
five members as follows:
a)
the chairman who shall be the President of Tribunals or
such other person as he may appoint as chairman selected
from the provincial panel with legal qualifications;
b) two lay persons appointed by the president of tribunals
from the provincial panel;
c) two persons in Holy Orders appointed by the president
of tribunals from the provincial panel.
16.
A cleric who is convicted of an offence or is arrested on
suspicion of committing a criminal offence or who has been
involved in divorce proceedings is under a duty to inform
his bishop within 28 days of the conviction, arrest or order.
17.
Where a cleric is arrested on suspicion of committing a
criminal offence or a complaint in writing is made against
him or her, the bishop may suspend the cleric from exercising
or performing any right or duty of his or her office.
18.
A cleric who is convicted of an offence and has a sentence
of imprisonment (whether or not suspended) imposed on him
or her, or who has a finding of adultery, unreasonable behaviour
or desertion made against him or her in matrimonial proceedings,
may without further process be removed from office or be
made subject to prohibition (either for life or for a limited
time). |
