Title: Trials and Tribulations
Subtitle: Professional and Pastoral Challenges in Prosecuting Church of England Clergy
Subject Classification:  Religion and Faith, Law and Legal Ethics  
BIC Classification: HR, LA
BISAC Classification:
Binding: Hardback, eBook
Planned publication date: Sep 2026
ISBN (Hardback): 978-1-83711-817-5
ISBN (eBook): 978-1-83711-818-2

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Description

Sexual abuse by church clergy, over several decades, was often denied or covered up when it came to light, and victims were subjected to further detriment by denials of responsibility. Yet faced with actual abuse, and with a context in which those claiming abuse must also be heard, many church denominations have struggled to develop adequate systems of investigation, justice, proportional action and appropriate remedy.

When churches have responded to humiliating public scrutiny of their conduct, they have invariably formed systems of justice and remedy that are morally, legally and pastorally deficient. Such systems often make rash presumptions of culpability and guilt (i.e., the accused) before the innocence of an individual can be established. Clergy frequently find themselves caught in multiple complex investigative, legal, disciplinary and court proceedings. In many denominations, clergy will not enjoy conventional employment rights. Human Resources and the basic frameworks of employment law will often not be in place.

This major study focuses on clergy who are both judged and misjudged by tribunals, trials and investigations overseen by the church. Uniquely, it has some focus on those who were innocent of the charges and allegations laid against them, or who were the victims of false allegations or found themselves persecuted by vexatious litigants. It also dwells on clergy cases where the punishment is disproportionate to the issue(s) that have led to the tribunal, and explores other possibilities for dispute resolution and pastoral breakdown.

Biography

Author(s):  Martyn Percy is a research professor at the University of Bern, Switzerland. Anthony Bash is an honorary professor at Durham University, United Kingdom.

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