The Diocese of Lichfield has issued proceedings to regain possession of a vicarage in West Bromwich occupied by a vicar barred from office in the Church of England.

A hearing is scheduled to take place on Tuesday at Birmingham County Court. The claim is in the name of the Bishops of Lichfield and Wolverhampton and the Archdeacon of Walsall, none of whom will be present at the hearing.

The vicarage is currently occupied by the former vicar of the Church of the Good Shepherd with St John, the Rev Patrick Okechi, who was removed and barred from office in December 2008 by a tribunal established under the Clergy Discipline Measure. The tribunal found a complaint that he had an affair with a parishioner proved, and ruled that he was guilty of “conduct unbecoming to the office and work of a clerk in holy orders”.

The vicarage is required to house the next vicar of the Church of the Good Shepherd with St John - a post which is currently being advertised until 3 July.

Mr Okechi has refused to search for alternate accomodation since his removal from office and has lodged a claim for reinstatement with the Employment Tribunal.

The Director of Communications for the Diocese of Lichfield, Gavin Drake, said: “The Clergy Discipline Measure provides a right of appeal. Mr Okechi did not appeal but has not left the vicarage. He is now seeking redress from the Employment Tribunal - though his application was made out of time."

Mr Okechi has been barred from holding the office of a priest in the Church of England for a period of 10 years, meaning that he cannot be reinstated to his previous position as the church vicar or any other position within the Church.

“We are naturally sorry that we have to take legal action to gain possession of the vicarage, but we have to consider the needs of the parish of the Good Shepherd," continued Mr Drake.

"The parishioners have been without a vicar since Mr Okechi was suspended in August 2006 and while an interim minister was appointed to assist the parish during this time, he has now moved on.

"It is essential that we appoint a new vicar as soon as possible so the parish can put this sorry affair behind them and move forward.

"We are contesting the Employment Tribunal claim and hoped this will be dealt with shortly at a preliminary hearing.”