These notes should be read in conjunction with the Professional Conduct Procedure and Article 4.6 of the Memorandum and Articles of Association of the British Association for Counselling and Psychotherapy, where appropriate. They address some of the common concerns of those involved in the process and may be revised from time to time.

Introduction

The British Association for Counselling and Psychotherapy promotes the value of counselling and good practice. For this reason BACP is concerned that a person who is not satisfied with an individual or organisational member of BACP should have the opportunity to air their grievance or to make a complaint and seek resolution. Organisational members of BACP are responsible for ensuring that counsellors working within their organisation, practice in accordance with the BACP Ethical Framework for Good Practice in Counselling and Psychotherapy (EFGPCP).

If you are considering making a complaint you may wish to contact WITNESS which is an advocacy service, independent of BACP, with experience of our Professional Conduct Procedure and which may be able to assist you. WITNESS’s helpline number is: 0845 4500 300. Their website address is www.witnessagainstabuse.org.uk. Other services that may be able to provide assistance are the Citizens Advice Bureau and Mind. However, BACP does not endorse or recommend any organisation, and any arrangements are a matter for the parties themselves.

When formulating your complaint, you will need to state the specific actions which you believe have contravened the EFGPCP and/or the relevant Codes of Ethics and Practice and give a detailed account of your reasons for believing this to be so.

Grievances

In some cases it will not be necessary to get involved in making a formal complaint as disagreements or misunderstandings can be resolved by a frank discussion.

Thus BACP expects anyone with a grievance to discuss their concerns with the relevant individual or organisational member of BACP with whom they feel they have a grievance and clarify with them what your concerns are. BACP encourages complainants to use both informal and formal routes of resolution at a local level prior to submitting a complaint under the Professional Conduct Procedure.

If despite these efforts there is no satisfactory outcome, or if you feel you are unable to approach the individual or organisational member of BACP complained against, you may wish to make a formal complaint to BACP. However where you felt unable to approach the member or felt it was inappropriate, you are required to include in your formal complaint an explanation of your reasons.

Making a Formal Complaint

To bring a complaint you must fall into one of the categories of persons described in paragraph 1.2a – d in the Professional Conduct Procedure. The complaint submission must meet the conditions for acceptance as laid out in the Professional Conduct Procedure at paragraph 2.1.

Further Information

Where possible and appropriate you should provide statements to substantiate your complaint. The Professional Conduct Panel may ask witnesses to attend and speak at a Professional Conduct Hearing. If you are concerned about the possibility of legal action following a complaint you are advised to consult a solicitor. BACP will not accept or process complaints whilst legal action concerning the subject matter of the complaint is in process or is proposed, or initiated whilst the complaint is being processed by BACP. Any legal action should be completed before the complaint is submitted to BACP, or initiated after the BACP procedures have been concluded. If considering the submission of documentation used in a legal process you may wish to take legal advice as to whether it forms part of your submission to BACP. The BACP Professional Conduct Procedure is not a legal one. At a Professional Conduct Hearing you may be accompanied by a representative/support person who can support and represent you but it must be stressed that one of the purposes at Adjudication is that of dialogue between the Panel, the Complainant and the Member Complained Against.

Third Party Complaints

Third parties can raise matters of concern with BACP about a member under the Professional Conduct Procedure provided they fall into the category of complainant described in paragraph 1.2d. A third party is someone who is not a current member of BACP and who was not the person seeking or using the services of the member concerned. A third party who has not been directly affected by the actions of the member complained against nor has sufficient interest, but who believes they have witnessed or have information about a contravention of the Ethical Framework for Good Practice in Counselling and Psychotherapy, may submit information under a different procedure Please refer to the Article 4.6 Procedure information. This procedure differs from the Professional Conduct Procedure.

Outcome of the Professional Conduct Procedure

Counselling and psychotherapy is not a profession that is statutorily regulated. Each professional body, like BACP, self regulates its own members. Some complaints that are of sufficient seriousness may result in the termination of membership of the person concerned. However, this does not necessarily mean that the therapist or organisation is legally required to cease practising. The outcome, if a complaint or portion of the complaint is upheld, will be published on BACP’s website and in its journal, Therapy Today, along with any sanction imposed and this information is then in the public domain. Sanctions usually have an educative and monitoring purpose and are designed to rectify or improve a member’s practice.

(Please contact the Professional Conduct Department if any portion of your complaint pertains to a period prior to 1 April 2002)