1.What is BACP and what does it do?

BACP is the largest professional association for counsellors and psychotherapists in the UK. Its main aims are to promote counselling and psychotherapy and to set and monitor standards of good practice in counselling, training and supervision of counsellors. It acts as a self-regulatory body.

2. What can be complained of?

All members of BACP are contractually 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 bringing matters of poor and unethical practice to its attention. Only in doing so, 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.

3. What can’t BACP do?

The Association can only consider complaints against its own members who were in membership at the time of the alleged breach of professional conduct and are current members at the time the complaint is made.

It has no jurisdiction over non-members. If a complaint is upheld, the Association cannot award financial reparation, if that is what is sought.

4. Are complainants expected to try to resolve the matter with the practitioner before making a complaint to BACP?

Ideally yes. The Association tries to encourage complainants to attempt to remedy their differences before formally bringing the matter to its attention. However, where this is not possible or could not be reasonably expected, given the specific circumstances of the case, the matter can be brought directly to BACP’s attention, but the complainant must give details as to why it was not possible to try to resolve it by any other means.

5. How are complaints made?

Complainants are advised to firstly contact a member of staff in the BACP Professional Conduct Department. The member of staff will ask certain questions in order to ensure that the correct documents are sent, which will need to be referred to in making the complaint. Complaints must be made to BACP within 3 years from the time that the cause of complaint occurred in order to be dealt with under the Professional Conduct Procedure. However, this does not mean that BACP will not consider allegations of complaint that occurred beyond this time limit. Complaints of this nature can be dealt with under another procedure. If the complaint is outside the 3 year limit, complainants are advised to discuss the matter with a member of staff in the Professional Conduct Department who will offer guidance on this issue.

The complaint must name the practitioner concerned, together with any address/contact details and give a succinct account of the events to be complained about. Any supporting evidence or statements from witnesses, should be attached to the complaint in the first instance, although there will be an opportunity to submit any final supporting evidence at a later date.

6. How is a complaint dealt with?

Upon receipt of a complaint, it will be checked to ensure that all the relevant information about the practitioner is given, and also that any evidence that is alluded to within the complaint, is attached. If not, it may be required. When these checks are completed, the complaint will be forwarded to a Pre-Hearing Assessment Panel (PHAP) for consideration.

7. When is the member notified of the complaint?

BACP will notify the practitioner that a complaint has been lodged against them at the point when the complaint is considered to be ’complete’ and ready to be submitted to the PHAP. The practitioner will not be expected to respond to the issues raised at this point.

8. A complaint is received - what happens next?

The complaint will be submitted to the next meeting of the PHAP.

9. What does the Pre-Hearing Assessment Panel do and how is it made up?

The PHAP will consider the complaint and any supporting evidence. Its task is to decide whether or not, on that evidence, there is a case to answer.

This Panel does not decide whether the complaint is upheld. If the Panel decides there is a case to answer, it will refer it directly to a Professional Conduct Hearing. Where there is insufficient details and/or evidence available for the Panel to make this decision, it may refer the complaint back to the complainant for more information and may also seek some clarification of the issues from the practitioner concerned. If this happens, any ’new’ evidence will be considered by the Panel and, again, it can either accept it for a Professional Conduct Hearing or reject it. Where a complaint is so weak either at first instance, or following a request for more information, the Panel may reject it outright.

The Panel is independently constituted, which means that none of the three people on it have any prior knowledge of the complainant or the practitioner, or any of the details of the complaint. The Panel will consist of two members of the Association and one lay professional. All panels carrying out this work on behalf of BACP are bound by strict rules on confidentiality.

10. What complaints and/or details will be considered?

All complaints of unethical or poor practice by the practitioner, will be considered. The Association has no jurisdiction to consider criminal or civil law matters; only those matters that relate to the Association’s own Codes of Ethics & Practice and/or Framework for Good Practice in Counselling and Psychotherapy.

11. How is a decision reached?

The PHAP has to decide whether prima facie there is a case to answer. That means that it has to satisfy itself that if the practitioner did not challenge the allegations, there is sufficient detail/evidence available within the complaint that it could be upheld by a Professional Conduct Panel, if it were referred.

12. What about notification of its decision?

The decision will be notified to you and the practitioner in writing.

13. What happens next?

If the complaint is proceeding to a Professional Conduct Hearing, a date is fixed for the Hearing. The practitioner has an opportunity to respond to the formal complaint; a copy of which is sent to the complainant when it is received. Both the complainant and the practitioner will then be notified of a date set for receipt of any final submissions; this is not an opportunity for the complainant to respond to the practitioner’s response.

Alternatively, if the complaint is referred back to the complainant for further information, a deadline will be given by which to provide it and, if necessary, the practitioner also. Any further evidence will be put back to the PHAP for consideration and final decision.

Finally, if PHAP rejects the complaint, the case is closed. There is no opportunity to appeal against this decision.

14. Who makes up the Professional Conduct Panel?

The Panel is independently constituted with no member of it having any prior knowledge of the case or either party. It is made up of two members of the Association, with one lay professional.

15. What does this Panel do?

It is the task of the Professional Conduct Panel to consider all the written and verbal evidence presented and relevant to the complaint, that is: the complaint, the practitioner’s response, together with any additional submissions received from either party.

16. What does this Panel decide?

The Panel has to consider each of the allegations made, together with any supporting evidence relevant to the allegation, and decide whether or not to uphold all or some of the complaints made.

17. How does this Panel reach its decision?

The Panel has to reach its decision on the balance of probabilities; that is, on the weight of evidence, is it more probable than not that ’x’ happened. It is for the complainant to prove the case and, therefore, it is important that as much evidence/detail as possible is provided.

18. Can either party be represented?

Both parties can be represented by a ’friend’. This can be legal representation if either party so chooses. The Association does not pay any costs to either party and, therefore, any decision to instruct solicitors is entirely one made by the party concerned. However, any representative must represent the party concerned and not give their own version of events or opinions.

19. Can either party call witnesses?

Both parties have an opportunity to submit the details of any witnesses that wish to be called to the Hearing. You will be notified of a deadline for this in the course of the complaint. However, the Panel has the final decision as to whether to call any witnesses and this decision will be made in accordance with the Professional Conduct Procedure. You can discuss this, and any other matters, with a member of staff in the Professional Conduct Department.

20. If a complaint is upheld, what happens to the member complained against?

The Professional Conduct Panel can impose a sanction on the practitioner. The purpose of imposing a sanction is to attempt to get the practitioner to address the area of poor practice that led to the complaint being made, and to demonstrate a change of practice as a result. This will usually require the practitioner to submit periodic reports for monitoring and approval by a separate Panel, known as the Sanctions Panel, over a specified period. In extreme cases, the Panel could terminate the membership of the practitioner.

21. When are the parties informed of the outcome and any sanctions?

Both parties are notified of the outcome within 28 days of the Adjudication Hearing. The practitioner is also notified of the sanctions. Subject to there being no appeal, the findings of the Professional Conduct Panel and any sanction will be published in the Association’s journal, a copy of which will be sent to the complainant when published. If an appeal is lodged, the findings and sanction will not be published until the appeal procedure is finalised. If the appeal is upheld, the case is closed and therefore no findings or sanction will be published.

22. Who can appeal?

The complainant cannot appeal against the findings or sanction, but the practitioner can. However, in three of the four grounds for appeal, the complainant’s attendance at the Appeal Hearing may be requested by the Chair of the Appeal Panel.

23. Who makes up the Appeal Panel?

The Appeal Panel is independently constituted with no prior knowledge of the case or either party. The Chair is a person delegated by the Board of Governors and fellow panellists will usually be a member of the Association and a lay professional.

24. What happens at the Appeal Hearing?

The Appeal Panel has to consider the ground for appeal put forward by the practitioner. In doing this, it will look at all the evidence that was put before the Professional Conduct Panel and decide whether that Panel’s decision was correct in all the circumstances. The Appeal Panel can consider any new evidence that may be submitted but this will only be accepted in accordance with the Protocol on New Evidence. This is not an opportunity for either party to produce evidence that should have been properly submitted to, and considered, by the Professional Conduct Panel and there must be a good and sufficient reason why any late evidence was not submitted earlier. If the Appeal Panel is not satisfied, it will reject any new evidence.

25. Who will be informed of the outcome?

Both parties will be informed, in writing, of the outcome of the Appeal. The Appeal Panel’s decision is final.

26. Will other people be informed of the outcome of my complaint?

Not directly by the Association. However, all findings and sanctions are published in the Association’s journal. The Association reserves the right to publish such details of complaints as it deems appropriate, but this will not include the complainant’s details.

27. If the practitioner is not a member of BACP, what can be done?

You will be advised at the outset if the practitioner is not a current member of BACP. You may also be given details of other professional associations that you may wish to contact in order to establish membership of any other body. Failing that, and given the particular circumstances of the case and the seriousness of it, you may choose to seek legal advice and have the matter dealt with under the civil or criminal law.

28. Is there anybody that can help me make my complaint?

BACP has to maintain a neutral position in the matter of complaints and, therefore, cannot advise either party on the content of their complaint or response. However, advice on the procedure is readily given and you should always contact the office in you have any particular difficulties with it.

There are independent services available that can assist you in making your complaint and can represent you at hearings if needed. These are: POPAN (Prevention of Professional Abuse Network), CAB (Citizens Advice Bureau) contact your local office; some of the mental health associations such as MIND have advocacy services and you should contact your local branch to make enquiries.

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