The vicar and church wardens of a church in Cheltenham have been chastised for selling a painting without the permission of the diocese.

A painting of the Madonna and Child by Franz Ittenbach was sold at auction in October 2013 for £20,000 to a London art dealer.

However, any sale of items from a Church of England building requires a 'faculty' from the diocesan chancellor.

The 19th century artwork was a given to Emmanuel Church, Leckhampton in 1949.

A report into its sale was issued after a visit from the archdeacon in December 2013 notified the church authorities (by chance) of the failure to secure a faculty.

The judgement from the diocesan court, which has now been made public, describes the decision as "really, really stupid", but not "dishonest"

Rev Jacqueline Rodwell the vicar of Emmanuel Church at the time of the sale, has since left the church, although the move is unconnected with the judgement.

It appears that the vicar's commitment to engaging with the local community and funding modifications to the church building led to the oversight.

Indeed, the report describes a familiar scenario for churches seeking to develop their local mission: "Every opportunity is being taken [at Emmanuel Church] to advance its mission, and to try to meet its financial burdens, with a view to extending/altering its structure to enable yet more missionary and social activity to be offered to the parish."

The church is praised for its "enthusiasm" for engaging with local residents. But the diocesan chancellor for Gloucester, June Rodgers, also adds that "It is this enthusiasm which has resulted in the present problems".

And despite the church's good intentions, Rodgers issues a stern rebuke.

"They were not in any way being dishonest," she writes. "Their behaviour was more akin to a driver who causes a crash by driving through a red light, but whose excuse is: 'I had never bothered to read the Highway Code, and I forgot what I had been told about it, and so I did not know what was the purpose of a red light'."

Included in the judgement is a warning to clergy, parishioners and auction houses alike of the consequence of failing to secure the necessary documentation.

"Without a Faculty authorising sale, the property which they purport to have bought, still belongs to the church from which it came," Rodgers said in the report.

"Disposal of any such item without a faculty is akin to theft of Church property, and I, as chancellor of this diocese, will not hesitate to involve the police, were it to be necessary, to ensure that any such item is recovered."

In the case of Emmanuel Church a faculty was granted retrospectively, despite the difficulties of doing so, having recognised the church would be in financial difficulty if the request were declined.