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Bishop

‘Bishop’ comes from the Greek word for ‘overseer’. So a bishop is a senior Christian minister authorised to have oversight for God’s people. As well as duties given to deacons and priests, bishops confirm and ordain.

Diocese

‘Diocese’ refers to the geographical territory in which a bishop exercises oversight. The Church in Wales is divided into six dioceses each with its own cathedral in which is housed the cathedra (the bishop’s ‘chair’ or ‘throne’).

Home For clergy and members Clergy Handbook Disciplinary Policy and Procedure of The Clergy

Disciplinary Policy and Procedure of The Clergy

Note from the Legal Department of the Representative Body, February 2024 (n.b. this note does not form part of the Policy)

The below document sets out a general policy statement of the disciplinary standards expected of the clergy of the Church in Wales. It also sets out a procedure for considering and dealing with some types of complaints against Church in Wales Clergy, known as ‘Category 1’ complaints.

Category 1 complaints must:

  • be complaints of ‘Neglect of the duties of office, or persistent carelessness or gross inefficiency in the discharge of such duties’; and
  • be of relatively minor seriousness.

All other disciplinary action against the Clergy (‘Category 2’ matters) are dealt with by the Disciplinary Tribunal of the Church in Wales, in accordance with Chapter IX of the Constitution of the Church in Wales. They are not eligible to be considered under this procedure. This includes complaints of:

  • teaching, preaching, publishing or professing, doctrine or belief incompatible with that of the Church in Wales;
  • conduct giving just cause for scandal or offence;
  • wilful disobedience to or breach of any of the provisions of the Constitution;
  • wilful disobedience to or breach of any of the rules and regulations of the Diocesan Conference of the diocese in which the cleric holds office or resides;
  • disobedience to any judgement sentence or order of the Archbishop, a Diocesan Bishop, the Tribunal, or any Court of the Church in Wales;
  • failure to comply with advice from the Provincial Safeguarding Panel without reasonable excuse; and
  • more serious complaints of neglect of the duties of office, or persistent carelessness or gross inefficiency in the discharge of such duties.

Matters which may give rise to a Category 2 complaint should be drawn to the attention of the relevant Diocesan Bishop. Such matters that involve the Diocesan Bishop should be drawn to the attention of the Archbishop. Such matters that involve the Archbishop should be drawn to the attention of the Archbishop’s Registrar and the Senior Bishop (the longest-serving Diocesan Bishop other than the Archbishop, currently the Bishop of St Asaph).

Introduction

Good discipline is essential to the effective working of all organisations and the Church in Wales is no exception. Good discipline for clergy involves:

  • setting expected standards of behaviour;
  • informing clergy of the standards expected and what will happen if those standards are not met;
  • taking appropriate action if those standards are not met.

The purpose of the disciplinary procedure is to identify the cause of unacceptable standards of conduct or behaviour or performance and to put in place support to encourage improvements or (where considered necessary) penalties.

In some cases of unacceptable behaviour or conduct, or low levels of performance, the right word said at the right time and in the right way will be all that is needed.

In other cases additional training, coaching or advice may be needed and both the Bishop and the Cleric concerned must be open to this approach.

If however there is no improvement in conduct, behaviour or performance or should the improvement fail to be maintained then it will be necessary to invoke the formal disciplinary procedure.

Policy

The Church in Wales aims to ensure that there will be a fair and systematic approach to the enforcement of standards of behaviour, conduct, or levels of performance affecting all clergy. Unacceptable behaviour, conduct or low levels of performance will not be tolerated and breaches of discipline will, following investigation, be dealt with in accordance with the procedure set out below.

The objective of the procedure when dealing with formal allegations of clergy misconduct or unacceptable behaviour or low levels of performance is to deal with those concerns justly. Complaints or concerns will be dealt with in a way which:

  • is fair to all relevant parties including those who have made a complaint, the Cleric, the Cleric’s family and the Church;
  • is proportionate to the nature and the seriousness of the issues raised;
  • ensures that those who have made a complaint and the Cleric concerned are kept informed of the procedural progress of the complaint;
  • avoids undue delay;
  • avoids undue expense;
  • complies with standards set out in the ACAS Code of Practice for dealing with disciplinary matters.

The Disciplinary Procedure has been designed to ensure that the standards of conduct and performance are met and to ensure that there is a fair and consistent means of dealing with problems.

Clear guidelines which constitute acceptable standards of conduct, behaviour and performance are set out in the Church in Wales document entitled Clergy Terms of Service (in particular in the section Guidelines for the Professional Conduct of Clergy) and in related policies and procedures including the Ordinal and the Constitution of the Church in Wales. All clergy should make themselves aware of these requirements and where necessary seek clarification from Bishops, Archdeacons or HR Advisors at the Representative Body.

General Questions

Who can be disciplined under the Procedure?

The Disciplinary Procedure applies to all Clerics exercising ministry in the Church in Wales.

Clerics employed in provincial, diocesan or college structures will be subject to the procedure for matters relating to the conduct of their ministry but will also be subject to the disciplinary procedures of the employing organisation for matters relating to their employment.

On what grounds can disciplinary proceedings be brought?

Disciplinary proceedings can be instituted where misconduct or poor performance is alleged to have occurred. A single act or omission may be sufficiently serious as to justify instituting the procedure.

The grounds for instituting the procedure are as already set out in Section 9 of Chapter IX of the Constitution as follows:

  • teaching, preaching, publishing or professing, doctrine or belief incompatible with that of the Church in Wales;
  • neglect of the duties of office, or persistent carelessness or gross inefficiency in the discharge of such duties;
  • conduct giving just cause for scandal or offence;
  • wilful disobedience to or breach of any of the provisions of the Constitution;
  • wilful disobedience to or breach of any of the rules and regulations of the Diocesan Conference of the diocese in which such member holds office or resides;
  • disobedience to any judgement sentence or order of the Archbishop, a Diocesan Bishop, the Tribunal, or any Court of the Church in Wales;
  • failure to comply with advice from the Provincial Safeguarding Panel without reasonable excuse
How will the complaint be dealt with?

There will be two categories as follows:

Category 1

The Bishop will deal in the first instance with complaints arising under (b) in section 3(b) above (‘Neglect of the duties of office, or persistent carelessness or gross inefficiency in the discharge of such duties’). These cases are referred to hereafter in this document as ‘Category 1 Complaints’. Examples of such issues can be found in the Clergy Handbook.

The procedure to be followed is set out in sections 4 -6 below. The Bishop has the right to deal with Category 1 Complaints up to a final written warning. Thereafter complaints must be referred to the Disciplinary Tribunal.

Category 2

The Disciplinary Tribunal will hear and determine:

  • complaints arising under any of (a), (c), (d), (e), (f) or (g) in section 3(b) above which the Bishop considers appropriate to refer to the Tribunal;
  • complaints arising under (b) in section 3(b) above which the Bishop considers too serious to be dealt with under Category 1.

The Bishop will refer Category 2 complaints to the Registrar of the Disciplinary Tribunal. Thereafter the procedure adopted will be as provided for by the rules of the Disciplinary Tribunal.

How can complaints be made?

All complaints should be forwarded to the Bishop in the first instance. Where the complaint concerns the conduct, behaviour or performance of a Bishop the complaint should be referred to the Archbishop and where the complaint concerns the conduct, behaviour or performance of the Archbishop the complaint should be referred to the next most Senior Bishop.

Complaints must be made in writing and as far as is reasonably practicable should include details of the precise nature of the conduct, behaviour or performance being complained of including dates and times of occasions when the matter complained of occurred. Details of any other person present should accompany the complaint.

If the complaint involves an allegation of a serious criminal offence or concerns the protection of children or vulnerable adults then the complainant should also refer the matter to the police.

Category 1 – Complaints

Principles underlying the Procedure for Category 1 Complaints

The key principles in handling Category 1 Complaints are as follows:

  • where informal action fails to achieve an improvement in conduct, behaviour or performance or to sustain any improvement, or where the matter complained of is found on further investigation to be more serious than first thought then the disciplinary procedure will be invoked;
  • no disciplinary action will be taken against a Cleric until the matter complained of has been fully investigated;
  • at every stage of the procedure the Cleric will be advised of the specific nature of the complaint against him or her and will be given an opportunity to answer before any decision is made;
  • at all stages of the disciplinary procedure a Cleric has the right to be accompanied by a trade union representative or a colleague;
  • at all stages of the disciplinary procedure the Bishop will be advised by an HR Advisor of the Representative Body;
  • the procedure is confidential and information will only be given to those who are involved in the procedure. Breaches of confidentiality could undermine the position of those involved, including the Cleric and the Bishop, and could of themselves be a matter of discipline;
  • where the facts of any case are disputed the burden of proof in relation to Category 1 complaints will be decided upon whether the Bishop has a reasonable belief that the act or conduct or misconduct complained of occurred;
  • there may be exceptional circumstances in which it would be appropriate to omit one or more stages but this will not be done without the advice of an HR Advisor of the Representative Body and in consultation with the Cleric concerned;
  • so far as it is reasonably practicable an HR Advisor of the Representative Body will be present at every stage of the formal procedure.

Procedure for the investigation of Category 1 Complaints

Whether attempts at reconciliation are appropriate is a matter for the Bishop to decide before invoking the formal disciplinary procedure. Institution of the procedure assumes that all attempts at reconciliation, if considered appropriate, have failed.

Suspension

The Bishop should consider whether to suspend the Cleric for a period of time whilst the complaint is investigated. Suspension in these circumstances is not a sanction and must not be treated as such. It should only be used in one (or more) of the following circumstances:

  • to facilitate the carrying out of any enquiries or investigation;
  • to prevent damage to persons or property;
  • where it becomes apparent that the complaint is serious enough to be viewed as a Category 2 complaint;
  • where it is considered to be in the interests of, or for the protection of, other Clergy or lay employees or volunteers or vulnerable people.
Stage 1- Bishop’s consideration of the complaint

On receipt of a written complaint the Bishop shall determine initially whether there is a case to answer. Where the Bishop concludes that there is no case to answer the Bishop will inform both the complainant and the Cleric concerned that the disciplinary procedure will not be invoked and that the matter should be dealt with by reconciliation.

Alternatively the Bishop may consider the complaint to be sufficiently serious for him to invoke the disciplinary procedure and in these circumstances the Bishop will inform the Cleric and the complainant that the matter will be investigated.

Stage 2 – Investigation

The Bishop will instigate an investigation into the matter complained of. This investigation will be undertaken by an HR Advisor of the Representative Body. Should the investigation reveal that the matter complained of is sufficiently serious to fall into Category 2 then the investigation will be ended and the complaint and any other material collected during the course of the initial investigation will be immediately referred to the Disciplinary Tribunal and the complainant and the Cleric concerned will be informed.

Stage 3 – Following Investigation

On completion of the investigation the HR Advisor of the Representative Body will advise the Bishop whether there is a case to answer. If the Bishop decides there is a case to answer and the matter complained of is a Category 1 issue which could properly be dealt with by warnings the Bishop will deal with the matter himself subject to the Cleric having a right of appeal against his decision to the Appeals Panel (see Stage 4 below).

Formal Disciplinary Procedure for Category 1 Complaints

Stage 1 – Prior to a Disciplinary Meeting

The Bishop will:

  • provide a written statement setting out the matters complained of or such other circumstances which have led to the Bishop invoking the disciplinary procedure;
  • invite the Cleric to a meeting giving 7 days notice of the arrangements;
  • inform the Cleric of his/her right to be accompanied at the meeting by a trade union representative or colleague.

The Cleric must take all reasonable steps to attend the meeting. If however this is not possible due to exceptional circumstances (such as their colleague not being able to attend) then the Cleric will have the right to have the meeting re-arranged within a 7 day period from the day following the original date of the meeting.

The arrangements will be co-ordinated and facilitated by an HR Advisor of the Representative Body.

Stage 2 – The Disciplinary Meeting

The Bishop will be accompanied at the meeting by a suitable person who will act as the professional adviser and who has had no involvement in the investigation. That person shall be responsible for maintaining the conduct of the meeting and for producing a note of that meeting.

The Bishop will request the investigator to state the nature of the complaint and to give the evidence collected during the course of the investigation including calling any witnesses.

The Cleric will be invited to ask any questions of the investigator and any witnesses.

The Bishop will ask the Cleric to give a response to the complaint which may involve producing evidence or calling witnesses.

The investigator will be invited to ask questions of the Cleric and any witnesses.

The Bishop and the professional advisor will ask questions of both the investigator and any witnesses and the Cleric and any witnesses.

The investigator and the Cleric will be invited to sum up their case.

When the Bishop is satisfied that all the information concerning the complaint and the Cleric’s response are complete the Bishop will withdraw to consider his response and to seek advice from the professional advisor as required.

Stage 3 – Following the Disciplinary Meeting

Within 7 days of the date of the meeting the Bishop will inform the Cleric of his decision which may include one of the following:

  • no case to answer (and therefore no disciplinary action);
  • oral warning which will remain on the Cleric’s record for three months;
  • first written warning which will remain on the Cleric’s record for six months;
  • second written warning which will remain on the Cleric’s record for six months;
  • final written warning which will remain on the Cleric’s record for twelve months.

The Cleric will be advised of his/her right of appeal to the Appeals Panel (see stage 4 below).

Stage 4 – Appeals Panel – Exercising a Right of Appeal

The Appeals Panel (drawn from the members of the Disciplinary Tribunal) will perform a similar function to that of Employment Tribunals in secular employment.

The procedure will be as follows:

  • a Cleric who wishes to exercise his or her right of appeal against the disciplinary decision of the Bishop must lodge the appeal with the Bishop within 7 days of receipt of the written disciplinary decision stating the reasons for the appeal;
  • the Bishop will refer the appeal to an HR advisor of the Representative Body who shall be responsible for arranging a meeting of the Appeals Panel;
  • the appeal will be considered by the President of the Disciplinary Tribunal who will appoint an Appeals Panel comprising 3 members of the Disciplinary Tribunal: I legally qualified, 1 Cleric and 1 lay member;
  • the Appeals Panel will be convened as soon as practicable (and within 14 days of receipt of the appeal);
  • the appeal will consider the same facts that were considered at the original disciplinary meeting; new evidence will not be admitted at this stage.

When the Appeals Panel is satisfied that it has the information necessary on which to consider the appeal it will withdraw to make its decision. The decision may include one of the following:

  • to allow the appeal (the appeal is successful);
  • to dismiss the appeal (the appeal fails);
  • to reduce the disciplinary penalty;
  • to increase the disciplinary penalty.

The Appeals Panel will inform the Cleric and the Bishop of its decision within 7 days of the date of the Appeals Panel meeting.

The decision of the Appeals Panel is final.

Stage 5 – Implementing the Decision

The Bishop will implement the decision of the Appeals Panel.

Category 2 Complaints

Procedure for Category 2 Complaints

The Disciplinary Tribunal will hear and determine:

  • complaints arising under any of (a), (c), (d), (e) or (f) in section 3(b) above which the Bishop considers appropriate to refer to the Tribunal;
  • complaints arising under (b) in section 3(b) above which the Bishop considers too serious to be dealt with under Category 1.

The Bishop will refer Category 2 complaints to the Registrar of the Disciplinary Tribunal. Thereafter the procedure adopted will be as provided for by the rules of the Disciplinary Tribunal.

Other Matters

Pastoral Care during operation of the Disciplinary Procedure

It is the responsibility of the Bishop to provide care and support for clergy. It is also the responsibility of the Bishop to maintain good discipline. During the operation of the Disciplinary Procedure the Bishop must personally avoid all pastoral involvement with anyone connected with the proceedings. This will ensure as far as is practicable that the Bishop’s impartiality is not compromised. During the operation of the procedure the Bishop will appoint another senior member of the clergy from within the Diocese to carry out his pastoral responsibilities.

Code of Practice

These procedures have been designed to meet the best practice requirements set out in the ACAS Code of Practice for Disciplinary Procedures and to meet the requirements of the BIS – Department for Business Innovation and Skills – in extending to Clergy, within a voluntary framework, certain rights granted by section 23 of the Employment Relations Act 1999; in particular the right not to be unfairly dismissed.