Introduction

Clergy in the Diocese of Liverpool are expected to maintain high standards of conduct and behaviour. From time to time there may be occasions when an individual clergyperson may appear to have fallen below these standards. Sometimes this can lead members of the church community or, indeed, the wider public to make a complaint. The purpose of this leaflet is to acknowledge your needs and to provide some preliminary help and guidance.

What sort of complaint is it?

There are two sorts of complaint, the informal and the formal.

The informal may be verbal or in writing, usually relates to less serious behaviours and is non disciplinary. There is no time limit attached to the making of an informal complaint.

The formal is always in writing and is brought against members of the clergy under the Clergy Discipline Measure 2003 (the Measure) for serious misconduct. Copies of the Measure, its Rules and Code of Practice can be obtained via the Church of England website at Generally a formal complaint should be made within one year of the alleged misconduct. Once a formal complaint is made the procedures laid out in the Measure must be followed.

Who can provide pastoral care?

Being involved in a complaint is stressful for all parties concerned and you will understandably experience a range of emotions. Your family may also be affected and need help.

Although the Bishop of Liverpool is normally available for pastoral care, under the Measure the Bishop is obliged to avoid any potential conflict of interest in relation to formal complaints and his disciplinary functions.

Therefore if you or your family need pastoral care because of your involvement in a formal complaint please contact the Bishop of Warrington as soon as you can and he will ensure that all your needs are addressed.

It is important that you feel supported within this process. The Clergy Discipline Measure has shifted the goalposts, rather, and placed practical limits on the roles of senior clergy in the diocese. Therefore it is important that you also look to family, friends and fellow clergy for informal support.

It is up to you who you tell and where you seek support and counsel. However, bear in mind the confidential nature of the complaint and the complainant’s right to privacy. Also, bear in mind the obvious point that the more people you tell the greater the danger of confidences being breached and stories getting rather distorted. As a rule keep fewer rather than more people in the loop and ask them to respect the confidentiality of all of this.

Who can provide legal advice?

The Registrar will not be able to provide you with any legal advice in relation to complaints as the Registrar acts solely as the Bishop’s legal adviser in matters relating to the Measure and potential complaints under the Measure. The Registrar will however be able to provide contact details of Registrars in neighbouring dioceses who would be prepared to provide legal advice. There will be a charge for such advice. Alternatively you may seek your own independent legal advice from a solicitor in private practice.

Where you are asked to respond to a complaint under the Measure legal aid may be available subject to financial assessment and certain restrictions. Your legal adviser will advise on eligibility and how to apply for legal aid but there will also be a charge for this advice, which may not be covered by any legal aid granted, as legal aid certificates cannot be backdated.

If you are a member of a union you may also wish to explore the possibility of legal financial or other assistance from them direct.

What should I do?

Your first response to any complaint is to compile and maintain a file with written details of the complaint and any correspondence or other relevant information.

Informal Complaint

You should promptly answer the complaint setting out in full your version of events with explanations for your behaviour and an apology if appropriate. Remember that delay can often exacerbate a complaint and should be avoided.

An offer to meet and discuss the complaint may be helpful. It is good practice to arrange such a meeting in the presence of an independent third party who is both willing to attend such a meeting and acceptable to you and the person making the complaint. Although you and the complainant are free to choose whoever you wish to act as the independent third party you may wish to consider your Area Dean or Lay Chair of the Deanery Synod in this context. Brief notes of the meeting and its outcome should be taken and preferably agreed.

Formal Complaint

You will be notified in writing by the Registrar when a formal complaint has been made against you under the Measure. The Registrar will provide you with copies of the complaint and evidence in support by way of information only. You do not answer the complaint at this stage as the Bishop may decide not to proceed with the complaint under the Measure.

The serious misconduct giving rise to the complaint may be a single act or several acts (which taken together over a period of time amount to serious misconduct) and is founded on one or more of the following:

i)Acts in breach of ecclesiastical law

ii)Failures to act in breach of ecclesiastical law

iii)Neglect or inefficiency in the performance of the duties of office

iv)Conduct that is unbecoming or inappropriate to the office and work of the clergy

Complaints concerning matters of doctrine, ritual or ceremonial are not dealt with under the Measure and continue to proceed under the Ecclesiastical Jurisdiction Measure 1963.

The Registrar will scrutinise the complaint to make sure that the person bringing the complaint is eligible to do so and that the alleged misconduct is sufficiently serious to warrant disciplinary proceedings under the Measure.

A written report is prepared by the Registrar and sent to the Bishop. Upon receipt of that report the Bishop decides either to accept or dismiss the complaint. Where the Bishop accepts the complaint the Bishop will write to you and ask you to answer the complaint within 21 days.

How do I answer a formal complaint?

The Code of Practice issued under the Measure states that your answer should detail which matters are contested and which are not. You may wish to seek legal advice at this stage.

Your answer must be in writing on the relevant Form 2 and contain a signed statement of truth. All Forms required under the Measure are available to download free of charge from the C of E website:

If you are unable to do this, contact the Bishop of Liverpool’s office on 0151 421 0831.

Your answer must be supported by written evidence and all witness statements should be made on Form 3 and submitted at the same time as your answer with any further evidence such as photographs or literature.

Your answer and supporting evidence should then be sent to the Bishop.

Guidance in completing the forms

The Forms all contain helpful guidance notes in the margin and these should be read and followed carefully.

However you may find the following additional advice useful:

i)Make a draft of your answer or statement

ii)Collect all your evidence together

iii)Group the evidence into date and time order

iv)Use your own words. It is your answer or statement and you have to be truthful

v)Write in paragraphs in date and time order and number the paragraphs consecutively in the margin

vi)State which parts of your evidence are from your own personal knowledge and which are from information or third parties. Remember to provide details of the source of that information and third party. If you accept any part of the complaint you should provide details of any evidence that may help explain or mitigate your actions.

vii)Read your draft over and then put it to one side for several hours or longer to give you time to reflect on its content.

viii)Return to your draft and re read it. Make any alterations if necessary so that it is as accurate as you can make it.

ix)Complete the final version of the answer or statement, copying from the draft.

x)Make sure the evidence is attached to the answer and statements as appropriate

If you need help to complete the Forms please contact one of the Formal Complaints Advisers. The Formal Complaints Advisers are volunteers specially trained to provide free of charge procedural advice to members of the clergy and they will treat your contact in confidence.

Please note however that the Formal Complaints Advisers are not acting in a legal advisory capacity and will not advise you on the merits or content of your answer or the seriousness and implications of the complaint. Such advice must be obtained from your legal adviser.

What happens next?

The Bishop will write to you when he receives your answer with his decision. He may decide to take no further action. Alternatively the complaint may be conditionally deferred, referred to conciliation or a range of penalties imposed. All such courses of action are by consent.

The Bishop may also decide to refer the complaint for formal investigation and, if the President of Tribunals determines that there is a case to answer, to a Bishop’s Disciplinary Tribunal.

The Bishop
The Rt Rev James Jones
Bishop of Liverpool

Bishop’s Lodge
Woolton Park
Liverpool
L25 6DT

0151 421 0831

The Rev Ruth Stock
St Michael’s Church Flat
Upper Pitt Street
Liverpool
L1 5DB

07895 210222

The Rev Michael Raynor
St Andrew’s Vicarage
Poplars Avenue
Orford
Warrington
WA2 9UE

01925 631903

The Suffragan Bishop
The Rt Rev Richard Blackburn
Bishop of Warrington

St James’ House
20 St James Road
Liverpool
L1 7BY

0151 705 2140

The Rev Chris Jones
The Vicarage Park Road
Ormskirk
L39 3AJ

Tel: 01695 572143

The Registrar

Bishop of Liverpool’s Registry
1 The Sanctuary
Westminster
London
SW1P 3JT

Tel: 020 7222 5381