Ethical standards are important in promoting safe and professional
counselling and psychotherapy practices. These are important in order that
members deliver a professional level of service that caters for the best
interests of their clients, and the public at large. Professional accountability
is also key in ensuring public protection and allows the Profession to move
forward enjoying the public confidence in the services provided.
BACP introduced the Ethical
Framework for Good Practice in Counselling and Psychotherapy in April
2002. It unified and replaced earlier Codes of Ethics and Practice and
gives practitioners the opportunity to consider ethical practice in a more
mature and professional manner.
At the time of its introduction a series of promotional workshops
were run across the United Kingdom. These reflected on the ethos behind the
development of the Ethical Framework.
All members are bound to abide by the guidelines set out
in the Ethical Framework for Good Practice in Counselling and Psychotherapy.
The Association relies on members of the public as well as members of
BACP bringing matters of poor and unethical practice to its attention.
Only in so doing, can the Association act in order to consider any matters
of complaint and ultimately to protect members of the public and the reputation
of counselling and psychotherapy.
BACP does have a formal Professional Conduct Procedure binding
upon all members which is available to a person seeking or using the services
of a member, or by another member who has reason to believe that there
has been a true breach of the BACP Ethical Framework for Good Practice.
The Association encourages complainants to attempt to remedy their differences
before formally bringing the matter to its attention. In the case of organisational
members BACP encourages complainants to utilise the internal procedures
of the organisation.
When attempting to resolve the situation it should be addressed
within a reasonable time frame and you may wish to take into account that
a complaint submitted to BACP needs to be received correctly formulated.
However, where resolution is not possible or appropriate given the specific
circumstances of a complaint, the matter can be brought directly to BACP’s
attention, but the complainant must give details as to why it was not
possible to resolve it by any other means.
The ‘Ethical Framework for Good Practice in Counselling
and Psychotherapy’ (EFGPCP) details the standard expected of a member
since its introduction on 1 April 2002. If your complaint, or portion
of your complaint, relates to a period prior to April 2002, the standards
by which a member will be accountable are outlined in the relevant Codes
of Ethics and Practice. When writing the complaint one will need to give
a detailed account of the action or inaction, of the Member Complained
Against. While you do not have to cross-reference it to the EFGPCP or
detail the clauses in the Codes of Ethics and Practice you believe have
been breached, you may do so if you wish. Your account should be as detailed
and succinct as possible. Where you have any other evidence or documents
which support an allegation, these should be attached and cross-referenced,
if possible. You will find a list attached, which you should use as a
reminder system to assist you.
The Association has introduced the 'Ethical Framework for
Good Practice in Counselling and Psychotherapy' (EFGPCP), which became
effective on 1 April 2002.
In making a complaint, a complainant has to give a detailed
and succint account of what has occured. Where other evidence or documents
are availablewhich support the allegations, they should be attached to
the complaint and cross-referenced, if possible. There is a checklist available
which one could utilise as a reminder system, together with the model
complaint which demonstrates how a complaint can be presented.
If a complaint, meeting the requirements of the Procedure,
is submitted to BACP, the member is notified and sent a copy. It is only
if a complaint is accepted by the Pre-Hearing Assessment Panel, that a
member complained against is expected to formally respond to the allegations
made.
The following materials can be of assistance to
potential complainants and members complained against:
There is another procedure that can be utilised when information
is received about a member, which raises serious questions about the member's
suitability for continued membership and often where the Professional
Conduct Procedure cannot be used.
Article 4.6 is a separate procedure to
that of the Professional Conduct Procedure. It is a discretionary procedure
reserved for very serious allegations and requires a higher burden of
proof than the Professional Conduct Procedure; with the only sanction
available being termination of membership if a complaint is upheld. It
is also the procedure whereby third party information can be submitted.
In submitting information it should be as comprehensive as possible with
supporting evidence. If you are considering bringing a complaint under
this procedure, please contact the Professional Conduct Office to discuss.
Article 4.6
The Board of Governors shall have the right for good and
/or sufficient reason to terminate the membership of any member PROVIDED
THAT the member concerned, or a representative, as the case may
be, shall have a right to be heard before a final decision is made.
This document explains the circumstances in which Article
4.6 may be used, and the procedure that is followed.
Aim
Article 4.6 exists to protect the public seeking or using
a service provided by an individual or organisational member of the Association
and to protect the reputation and proper functioning of BACP.
Use
The Article 4.6 Procedure can be used at the discretion
of the Board of Governors under powers divested in the Head of Professional
Conduct, upon receipt of information about a member which raises questions
about that member’s suitability for continued membership.
Such information might suggest that the member’s behaviour:
has brought or could bring the reputation of
BACP into disrepute;
has brought or could bring the reputation of
counselling and/or psychotherapy into disrepute;
results in BACP’s private business being
brought into the public domain;
impedes the legitimate activities of the Association;
gives good reason to believe the member may be
misrepresenting his/her/the organisation’s membership status;
gives good reason to believe there has been a
serious breach of BACP’s Codes of Ethics & Practice/Ethical
Framework and the Association’s Professional Conduct Procedure
cannot be used or is not appropriate in the circumstances;
The following are some examples of good and/or sufficient
reasons for implementing Article 4.6:
Members who are accused of, or have committed, acts that are deemed
incompatible with the values of counselling and psychotherapy.
Serious allegations of misconduct/malpractice.
The death of the complainant.
Members who have impaired physical, mental or emotional functioning
of an extent that a client or others may be adversely affected.
The Article 4.6 Panel
Information considered under this procedure will be sent
to a panel, known as the Article 4.6 Panel. The Panel is made up of three
people and will usually consist of two members of the Association and
one lay person. This Panel can:
seek further information from the member, the
informant or a third party
accept the information as being a good and/or
sufficient reason to implement Article 4.6 and, pending appeal , terminate
membership of BACP in 28 days.
suspend membership rights pending the outcome
of any appeal.
reject the information and close the case.
The Article 4.6 Panel, pending the completion of the Appeal,
can suspend the member’s rights of membership when the information
is considered of sufficient seriousness and/or because it alleges:
physical or emotional harm has been caused
and/or
sexual relations with a client or other of close proximity
and/or
the exploitation of the public is involved
and/or
the information is such that it would result in the termination of
membership if it were heard under the Professional Conduct Procedure.
Procedure
Information is obtained by BACP concerning an individual or organisational
member which suggests the matter should be considered under Article
4.6 of the Memorandum & Articles of Association.
The individual or organisational member must be named.
The information submitted must include supporting evidence of the
allegations wherever possible.
The information, as far as possible, should not be anonymous. BACP
does not encourage the submission of anonymous information. Any such
submissions will be considered in accordance with the relevant protocol
and in the interests of public protection.
By way of notification the member will be forwarded information to
be considered by the Article 4.6 Panel under the Article 4.6 of the
Memorandum & Articles of Association. The member will be given details
of the procedure to be followed and is not expected to make any response
at this stage.
This information will be forwarded to the Article 4.6 Panel. The Panel
will exercise its powers as outlined above. If further information is
requested by the Panel from another source, this too will be circulated
to the member.
The member will be notified of the Article 4.6 Panel’s decision
within 14 days of the decision being received.
If the Panel decides not to implement Article 4.6, the case will
be closed and the parties notified of this decision.
If the Panel decides to implement Article 4.6, the member will be
given the reasons why Article 4.6 has been implemented and notified
that his/her/the organisation’s membership will be terminated
in 28 days from the date of notification of the Panel’s decision,
subject to appeal.
The member may exercise his/her/the organisation’s right to
be heard by lodging an appeal in writing within the 28 days to the Head
of Professional Conduct.
On receipt of intention to appeal, the Head of Professional Conduct
will arrange an Appeal Panel, which will include an independent lay
person. All panel members will have had no previous involvement in the
matter, be unknown to the Appellant or any other person involved in
the case to the extent that there may be a conflict of interest. An
appeal date will be set at the earliest opportunity and relevant parties
notified.
The Appellant will have an opportunity to respond and be given a deadline
for response and submission of any supporting evidence.
The Appellant is entitled to be accompanied by someone to support
him/her as a ‘friend’ and who can represent them. If the
Appellant is an organisation, a representative will be nominated by
the organisation and is entitled to be accompanied by someone to support
him/her as a ‘friend’ and who can represent them.
Submissions from the Appellant must be received by the Head of Professional
Conduct not less than 28 days prior to the date set for the Appeal Hearing.
A folio of papers will be circulated to the Appeal Panel and Appellant
not less than 14 days prior to the Appeal Hearing. The Chair of the
Appeal Panel may take advice on these papers and procedural matters
from the Head of Professional Conduct, who may in turn seek advice from
a relevant person as may be deemed appropriate.
Any new information arising within the final 14 days will be made
available to the Appellant and the Appeal Panel and must be in the form
of short oral or written submissions.
The Chair of the Appeal Panel and the Appellant may call witnesses
to attend the Appeal Hearing. If the Appellant wishes to call any witness(es),
he/she/the organisation must notify the Head of Professional Conduct
of the names and details of such witnesses not less than 28 days prior
to the date fixed for the Appeal Hearing. Attendance will only be permitted
by the Chair of the Appeal Panel if a witness has supplied a written
statement which needs clarification. The Appeal Panel has discretion
to refuse attendance by a witness if it reasonably believes that such
attendance is not relevant or will not add any weight to the issue(s)
being considered. Witnesses may be questioned by the Appeal Panel and
by the Appellant. The complainant/informant will usually be called as
a witness to the Appeal Hearing.
The refusal or failure of the Appellant to attend the Appeal Hearing
without good and/or sufficient reason and with sufficient notice in
the circumstances will be notified to the Chair of the Appeal Panel.
What constitutes good and/or sufficient reason and notice shall be solely
at the discretion of the Chair of the Appeal Panel, who may take advice
on the matter from the Head of Professional Conduct. The Appeal Panel
will decide what course of action to take in these circumstances, ie
either continue in the absence of the Appellant, defer the Hearing to
another date, or terminate the proceedings.
Failure to renew membership by a Member Complained Against during
the course of a matter being dealt with under Article 4.6, will not
normally terminate the Procedure. A member’s resignation from
membership of the Association will not normally terminate nor invalidate
the hearing of a matter by the Association and for the purpose of this
procedure, the individual or the organisation will continue to be regarded
as a member of the Association.
The Appeal Panel
The Appeal Panel is independently constituted and is normally
made up of three people: usually two members of the Association and one
independent lay person.
The task of the Appeal Panel is to decide whether the decision
of the Article 4.6 Panel was just and fair in all the circumstances and
to then decide, subject to any additional information submitted, whether
the appeal should be allowed or denied.
Format of Appeal Hearing
At any time during the Appeal Hearing, the Appeal Panel
and/or Appellant may ask for a recess to consider issues that have arisen
in the course of the hearing.
On the day of the Appeal Hearing the following protocols
will normally be observed:
The Clerk summarises the case on behalf of the Association.
The Appellant has the opportunity to verbally present his/her/the
organisation’s case.
The Appeal Panel will question the Appellant.
The Appeal Panel and the Appellant may question any witnesses called
in relation to their written submissions made.
The Appellant has an opportunity to make a closing statement.
When the Chair is satisfied that the Appeal Panel has gained all the
clarification required, the parties withdraw.
The Appeal Panel deliberates on the written and oral submissions made
and decides whether the Appeal should be allowed or denied.
The Chair of the Appeal Panel formally notifies the Head of Professional
Conduct of the decision of the Panel in writing.
If the Appeal is allowed, the Head of Professional Conduct will formally
notify in writing the Appellant and relevant parties involved in the
case of the Panel’s decision and the case is closed.
If the Appeal is denied and membership of BACP is to be terminated,
the Head of Professional Conduct will formally notify the Chair of BACP
of the Panel’s decision.
The Chair of BACP will then formally notify the Appellant in writing
of the Appeal Panel’s decision within 14 days of the Appeal Hearing.
This decision is final.
A decision resulting in the termination of membership will be published
on the Association’s website and in its journal. The Association
reserves the right to publish this information elsewhere in the interests
of public protection.
BACP accepts no liability for travel or any other
expenses incurred by the Appellant in connection with any stage of this
Procedure.
Article 4.3
An application for membership may be accepted or rejected
by the Board of Governors under this procedure.
The Board of Governors shall have the right, for good and/or
sufficient reason, to refuse any application for membership PROVIDED THAT
the applicant concerned shall have a right to be heard before a final
decision is made.
This document explains the circumstances in which Article
4.3 may be used and the procedure that is followed for individual and
organisational members.
Aim
The Association reserves the right to assess applications
for membership under this procedure in order to be satisfied that the
applicant, once granted membership, is willing and capable of working
in accordance with the Ethical Framework for Good Practice in Counselling & Psychotherapy
and is fit for membership of the Association. The protection of the public
is of paramount importance to the Association, as is the reputation and
standing of counselling and psychotherapy. Accordingly, the Association
also seeks to ensure, as far as it is reasonably ascertainable, that potential
members will be safe to work with, and accountable to, clients and the
Association and protect the reputation and proper functioning of BACP.
Applicants are encouraged to read the Guidelines for Application for Membership
available in the Membership Application Pack. This document is also available
on the BACP website at: www.bacp.co.uk.
Use
The Article 4.3 Procedure can be used at the discretion
of the Board of Governors, under powers divested in the Head of Professional
Conduct, upon receipt of an application for membership where BACP is in
receipt of information which raises questions about the applicant’s
suitability for membership.
The nature of the information obtained and upon which
Article 4.3 may be imposed might suggest that entering membership could:
bring the reputation of BACP into disrepute;
bring the reputations of counselling and/or psychotherapy
into disrepute;
result in BACP’s private business being
brought into the public domain;
impede the legitimate activities of the organisation;
give good reason to believe an applicant could
misrepresent, or has already misrepresented, his/her/the organisation’s
membership status;
give good reason to believe there could have
been a serious breach of BACP’s Codes of Ethics & Practice/Ethical
Framework if the applicant had been a member of the Association at that
time and/or the Association’s Professional Conduct Procedure could
not be used at that time;
give good reason to believe the applicant has
not or will not work to BACP’s Ethical Frameworks for Good Practice
in Counselling & Psychotherapy and Research respectively.
The following are some examples of good and/or sufficient
reasons Article 4.3 may be implemented:
Applicants for membership against whom there
are outstanding complaints.
Applicants about whom information alleging unethical
or inappropriate behaviour is held by BACP.
Applicants who, on the basis of evidence/information
held by BACP, are thought to have made a misleading or incomplete declaration.
Applicants who are known to have either been
refused membership of another professional association or have had professional
membership terminated on the grounds of unprofessional behaviour.
Applicants who are accused of, or have committed,
acts that are deemed incompatible with the values of counselling and/or
psychotherapy.
Information about the applicant relating to impaired
physical, mental or emotional functioning to an extent that a client
or others may be adversely affected.
The Article 4.3 Panel
Any application considered under this procedure will be
sent to a panel, known as the Article 4.3 Panel. This panel can either:
Accept the application.
Seek more information from the applicant and/or
other source(s) before reaching a decision on acceptance.
Accept the application and impose conditions
on membership for a specified period and outline the circumstances upon
which these conditions may be lifted.
Refuse the application outright or impose conditions
which must be met by the applicant before a further application is considered.
Procedure
Information is obtained by BACP directly from
the applicant, or another source(s) concerning a potential applicant
for membership of BACP, which suggests that the application should be
considered under Article 4.3 of the Association’s Memorandum & Articles
of Association.
The individual or organisational applicant must
be named.
The application and/or information submitted
must include supporting evidence of the declarations and/or submissions
to be considered, wherever possible.
Information received other than from the applicant
should not, as far as possible, be anonymous. BACP does not encourage
the submission of anonymous information. Any such submission will be
considered in accordance with the relevant protocol and in the interests
of public protection.
The applicant is notified in writing that their
application, together with their submissions, will be considered by
the Article 4.3 Panel under Article 4.3 of the Memorandum & Articles
of Association. A copy of any other information not supplied by the
applicant will be forwarded to the applicant. The applicant will be
given details of the procedure to be followed and the applicant is not
expected to make any further submissions or respond at this stage.
This same information will be forwarded to the
Article 4.3 Panel. The Panel will exercise its powers as outlined above.
If further information is requested by the Panel from another source,
this too will be circulated to the applicant.
The applicant will be notified of the decision
of the Panel within 7 days of the Panel’s decision being received.
If the application is accepted, it will be processed
in the normal way.
If the application is refused, the applicant
will be given the reasons as to why this action has been taken and given
an opportunity to appeal against this decision and any conditions imposed
by lodging an appeal within 28 days of notification of the decision.
If the application is accepted, but conditions
on membership are imposed that the applicant believes are unjust in
all the circumstances, the applicant may appeal. Any appeal must be
lodged within 28 days of notification of the decision.
Upon receipt of an appeal, the Head of Professional
Conduct will make arrangements for an appeal hearing to take place whereupon
the applicant will have an opportunity to have an interview with an
Appeal Panel to verbally present their case.
Prior to the appeal hearing the Appellant will
be given an opportunity to make formal written submissions as to why
the application should be accepted and/or why the conditions imposed
are unjust in all the circumstances. A date for final submission of
papers will be notified in writing to the Appellant.
All relevant parties will be notified in writing
of the date and venue for the Appeal Hearing. Unless otherwise notified,
or in exceptional circumstances, all Hearings will be held at BACP House
in Lutterworth.
Submissions from the Appellant must be received
by the Head of Professional Conduct not less than 28 days prior to the
date set for the Appeal Hearing. A folio of papers will be circulated
to the Appeal Panel and the Appellant not less than 14 days prior to
the date set for the Appeal Hearing. The Chair of the Appeal Panel may
take advice on these papers and procedural matters from the Head of
Professional Conduct, who may in turn seek advice from any relevant
person as may be deemed appropriate.
Any new information arising within the final
14 days prior to the Appeal Hearing will be made available to the Appellant
and the Appeal Panel and must be in the form of short oral or written
submissions.
The Appeal Panel will meet with the Appellant
and consider the appeal on the written and oral submissions before it
on the day.
The Appellant is entitled to be accompanied by
someone to support him/her as a ‘friend’ and who can represent
them. If the Appellant is an organisation, a representative will be
nominated by the organisation and the representative is entitled to
be accompanied by someone to support him/her as a ‘friend’.
The refusal or failure of the Appellant to attend
the Appeal Hearing without good and/or sufficient reason and/or with
sufficient notice, will be notified to the Chair of the Appeal Panel.
The Chair of the Appeal Panel will make the final decision. What constitutes
a good and/or sufficient reason and/or sufficient notice shall be solely
at the discretion of the Appeal Panel, which may take advice on the
matter from the Head of Professional Conduct and/or the Association’s
solicitor.
The Chair of the Appeal Panel and the Appellant
may call witnesses to attend the Appeal Hearing. If the Appellant wishes
to call witnesses, he/she/the organisation must notify the Head of Professional
Conduct of the names and details of such witnesses not less than 28
days prior to the date fixed for the Appeal Hearing. Attendance will
only be permitted by the Chair of the Appeal Panel if a witness has
supplied a written statement which requires further clarification. The
Appeal Panel has discretion to refuse attendance by a witness if it
reasonably believes that such attendance is not relevant and/or will
not add any weight to the issue(s) being considered. Witnesses may be
questioned by the Appeal Panel and by the Appellant.
The Appeal Panel
The Appeal Panel is independently constituted and is normally
made up of three people: usually two members of the Association and one
independent lay person.
The task of the Appeal Panel is to decide whether the decision
of the Article 4.3 Panel was just and fair in all the circumstances and
decide, subject to any additional information submitted, whether the appeal
should be allowed or denied.
Format of Appeal Hearing
At any time during the Appeal Hearing, the Chair of the
Appeal Panel or the Appellant may ask for a recess to consider issues
that have arisen in the course of the Hearing.
On the day of the Appeal Hearing the following protocol
will normally be observed:
The Clerk will verbally summarise the case on
behalf of the Association.
The Appellant has the opportunity to verbally
present his/her/its case.
The Appeal Panel will question the Appellant.
The Appeal Panel and the Appellant may question
any witnesses called in relation to their written submissions.
The Appellant has an opportunity to make a closing
statement.
When the Chair is satisfied that the Appeal Panel
has gained all the clarification required, the parties withdraw.
The Appeal Panel deliberates on the written and
oral submissions made and decides whether membership should be granted
and/or whether the conditions of membership imposed are fair and just
in all the circumstances, and amend, if necessary, accordingly.
The Chair of the Appeal Panel will notify the
Head of Professional Conduct in writing of the decision of the Panel.
The Appeal Panel’s decision is final.
The Head of Professional Conduct will inform
the Appellant in writing of the decision normally within 14 days of
the Appeal Hearing.
If the decision is to accept the application
for membership, with or without amendments to any conditions imposed,
the application will be processed in the normal way.
Where an application has been refused and the
Appeal is denied, the Appellant will be given the reasons why this decision
has been made and will be informed that they have the right to apply
for membership again at any time in the future, subject to any conditions
that may have been imposed by either the Article 4.3 Panel or as amended
by the Appeal Panel. Any future application will also be considered
under Article 4.3 of the Memorandum & Articles of Association.
BACP accepts no liability for travel or any other
expenses incurred by the Appellant in connection with any stage of this
Procedure.
Article 5 was amended to Art 4.6 of the Memorandum
and Articles of Association and ratified at the AGM on 17 September
1999
