Recommendation 5: Reform Church of England clergy discipline for safeguarding

On 25 November 2020, the Church of England stated it endorses the proposals to replace the Clergy Discipline Measure 2003 with a new set of provisions. These will place emphasis on the standard of conduct which is required of clergy and which will also make provision for the handling of poor practice or capability. The Church of England also notes that this new approach will make specific provision for matters which have a safeguarding element. On 4 December 2020, the Church of England’s Working Group published a progress report on its review of the working of the Clergy Discipline Measure (CDM) 2003. The Group’s work identifies significant areas for change to the Measure as it stands and proposes that new legislation is needed to replace the Measure. In the interim, a number of measures have been developed, including regular training for key participants in the CDM process. The Working Group also notes that the possible reintroduction of the penalty of Deposition from Holy Orders will most likely be considered as part of the longer-term work dealing with replacing the CDM. On 29 March 2021, the Church of England (CoE) stated that it endorses the proposals of the CDM working group to replace CDM 2003 with a new set of provisions. Those provisions will include a disciplinary process and will be accompanied by a mandatory code of practice, which will emphasise the standard of conduct which is required of clergy. The proposed CDM reform will also disapply the 12 month time limit for all safeguarding-related complaints.The CoE also stated that legislation to reintroduce the power to depose from holy orders will be brought forward as soon as practicable. In addition, the CoE stated that the National Church Institutions’ Legal Office has taken steps to introduce new training for those who handle complaints in dioceses in connection with the special measures which may be required, which continues to be developed.