Person praying in a church while holding a wooden rosary with a cross.

Clergy & Religious Professional Disciplinary

Facing a complaint as a member of the clergy can have disastrous consequences on your career and personal well-being. Seeking expert legal advice from solicitors with expertise in this niche area as soon as you receive or become aware of a complaint is essential in preventing the matter from escalating and giving you the best chance of securing a favourable outcome.

Defence solicitors for allegations against members of the clergy

Given their role within the community and the high levels of trust placed in them, members of the clergy are expected to operate with fairness and high personal integrity. If they don’t, they risk being the subject of a complaint. Examples of the types of conduct that may give rise to a complaint range from rudeness to serious and sometimes historic sexual offences.

If the alleged misconduct is sufficiently serious, the clergy member may face an investigation by the Designated Officer, a senior lawyer employed by the Church House Legal Office, followed by a referral to the Clergy Disciplinary Tribunal.

The types of issues that will likely warrant a referral to the Clergy Disciplinary Tribunal include:

Misappropriating church funds
Sexual misconduct
Dealing with explicit images of children
Inappropriate relationships with parishioners
Accepting inappropriate gifts
Financial abuse

Why choose DJMS Solicitors?

Clergy discipline cases are often complex and fraught with emotion. They need careful and calm handling by an experienced legal team capable of swiftly getting to the heart of the issue and devising a strategy that not only secures the best possible outcome but also minimises any reputational damage.

At DJMS Solicitors, we provide comprehensive advice and support at every stage of the process, including:

Advising on the merits of a complaint and your position.
Gathering evidence and witness statements in support of your position.
Preparing a robust defence to the allegations of misconduct.
Representing you at any Tribunal hearings.
Advising and representing you in connection with any criminal charges that arise from the issue.

Clergy & Religious Professional Disciplinary FAQs

How will I know that someone has made a complaint about me?

Complaints about clergy members can be formal or informal.

Informal complaints usually relate to alleged misconduct that is not particularly serious, such as rudeness or lateness, where the complainant does not wish to take formal action. They can be made orally or in writing.

Formal complaints are made under the Clergy Discipline Measure 2003 and are reserved for allegations of serious misconduct. They must be made in writing, and your Diocesan Registrar will contact you if one is received, providing copies of the complaint and supporting evidence.

What should I do if someone complains about my conduct?

You might be able to resolve an informal complaint by meeting with the complainant and explaining your actions or apologising. Depending on the circumstances, you may consider inviting an impartial third party, such as your rural or area dean, to ensure your discussions are constructive.

If you have been notified of a formal complaint by your Diocesan Registrar, you should take expert legal advice immediately. The first thing we will do is advise you on the merits of the complaint and your position and assist you in compiling a file of material relating to the complaint and evidence in support of your position. We will use this material to formulate your response to the Bishop should they proceed with the matter and ask you to respond.

Formal complaints can place incredible strain on the individual against whom they are made, and it’s important to remember that many have no substance and will ultimately be dismissed by the Bishop. Even if the Bishop accepts that the complaint warrants investigation, many can be swiftly resolved with the correct legal advice and support.

What penalties can the Clergy Disciplinary Tribunal impose if I am found guilty of misconduct?

Under the Clergy Discipline Measure 2003, the Clergy Disciplinary Tribunal can impose a variety of penalties for clergy misconduct. They range from a conditional discharge, where the Tribunal decides not to impose a penalty, to a Prohibition for Life, where the clergy member is banned from being a clergy member for an unlimited time.

Some offences, such as sexual assault, usually warrant a Prohibition for Life. In other cases, the penalty depends on several factors. For example, where a member of the clergy has misappropriated church money, the penalty will depend on issues, including the sums involved and whether the theft was systematic. Expert legal representation at a Tribunal hearing can help you secure the most lenient penalty possible in your case.