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For members subject to a complaint
INTRODUCTION
These notes should be read in conjunction with the Professional Conduct Procedure. The notes address some of the concerns of members who find they have a complaint made against them.
It is acknowledged that it is extremely distressing to be the subject of a complaint, whether it is against you as an individual or an organisation that you represent. BACP acts fairly to all parties in a complaint and endeavours to minimise any distress that may arise in the course of these procedures. The Association cannot favour either party in a complaint. It is important for members in this position to seek support from 'friends' or a supervisor. The Professional Conduct Department may only offer guidance on questions of procedure. It is hoped that in these unusual circumstances, you will find your interactions with the BACP Professional Conduct Department both professional and constructive.
THE COMPLAINT
On receiving the complaint, please check that you or the organisation you represent were a member of BACP at the time of the alleged breaches. BACP does check this information, but your records may be different and the position may need to be clarified. Please acknowledge receipt of the complaint.
If you work for an organisational member of BACP, BACP may notify that organisation of the complaint. If your organisation is not a BACP organisational member, it may be wise to notify it of what is happening, either to enlist help, support or information during the process, or to avoid potential late disclosures.
PRE-HEARING ASSESSMENT PANEL
The Pre-Hearing Assessment Panel 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.
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 usually consist of two members of the Association and one lay person.
The Panel does not decide whether the complaint is upheld. If the Panel decides there is a case to answer, it will refer the complaint directly to a Professional Conduct Hearing. Where there are insufficient details and/or evidence to make this decision, the Pre-Hearing Assessment Panel can request further information/clarification. If the Panel makes such a request, it is relayed to the appropriate party or parties. Upon receipt of further information/clarification, the complaint is re-submitted to the Pre-Hearing Assessment Panel, which will decide whether to accept it to be dealt with at a Professional Conduct Hearing, or reject it on the grounds that there is no case to answer.
ORGANISATIONAL MEMBERS OF BACP
If the complaint is made against an organisational member of BACP, it will be sent to the designated contact person within the organisation. The organisation will be asked to nominate a person, plus an alternative in case of their non-availability, to represent the organisation in relation to the complaint. In response to a complaint, any information on the organisation's contracting arrangements, public information, supervision and managerial practices could be helpful to a Panel.
PROFESSIONAL CONDUCT HEARING
If the complaint is accepted for a Professional Conduct Hearing, you will be notified of that decision and will have 28 days in which to formally respond to the complaint. The Professional Conduct Panel is independently constituted with no member of it having prior knowledge of the case or either party. It is usually made up of two members of the Association with one lay person. 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 response, together with any additional submissions received from either party. All evidence and submissions received from either party, will be open and available to all parties involved in the complaint.
The onus is on the complainant to prove his/her case. The Panel has to reach its decision on the balance of probabilities; that is it has to be satisfied that on the evidence put before it, it is more probable than not that ‘x' happened.
Both parties are notified of the outcome of the Adjudication Hearing within 28 days of the Hearing taking place.
FURTHER INFORMATION
1. Professional Conduct Panel Members
Where possible, Panels are constituted on the basis of one member having the same theoretical orientation as the Member Complained Against where the theoretical orientation is relevant to the subject matter of the complaint; one with knowledge and experience of the particular issue being considered; and one will be a lay person.
All panel members are required to declare any interest in either of the parties involved, or the case. Additionally, all panel members are bound by a confidentiality agreement for the purposes of undertaking this work on behalf of the Association.
2. Resignation
A member's resignation from membership of the Association will not terminate nor invalidate the hearing of a complaint by the Association.
3. Failure to renew subscriptions
Failure to renew membership by a Member Complained Against during the course of a complaint will not normally terminate the Professional Conduct Procedure.
4. Witness statements and submissions
If you believe someone can help you in explaining or defending your actions, do ask them for help. They should be informed that if they provide a written statement, they may be asked to attend the Professional Conduct Hearing, as a witness to answer questions on their written submission.
5. Recording of Hearings
Please be advised that in all cases, as a matter of best practice and for an accurate record of a hearing to be maintained, hearings are audio recorded. The recordings of these hearings form part of the evidence and are stored confidentially and securely under lock and key as per the Conduct Procedure. The recordings are not delivered to anyone other than the two parties concerned, the member complained against and the complainant, upon written request. A copy will be provided to an appeal Assessor if an appeal is made. The recordings are transcribed if a case goes to an appeal hearing. They are then destroyed in line with our retention policy after a period of seven years.
6. Professional Indemnity and Legal Action
Practitioners in private practice and organisations offering therapeutic and training services usually maintain professional indemnity insurance. It is in the interests of members who have a complaint against them, to notify their insurance company immediately that they are the subject of a complaint. Your insurance company may be able to provide some financial or other support in responding to the complaint. In the great majority of cases, complaints are resolved without recourse to legal proceedings and thus without the need for any legal services or financial support which professional indemnity insurance can provide. However, outcomes can not be predicted and the advice of an insurance company may be helpful to you. It will also assist the insurance company if it knows the complaint is being handled in line with BACP's published procedures.
The BACP Professional Conduct Procedure is a quasi-judicial. You are entitled to bring a 'friend' with you to the Hearing who can support and/or represent you. You may decide that you wish to be legally represented in this matter. This is your choice. If you decide to have legal representation, you are advised to ensure that the legal representative has a good understanding of the Ethical Framework for Good Practice in Counselling and Psychotherapy/Codes of Ethics and Practice and the Professional Conduct Procedure. Brookfields Professional Conduct Services Limited is an organisation that provides advocacy services that you might find of assistance. Its website can be located at: http://www.professionalconduct.co.uk/; the contact telephone number is 0845 3880803. Brookfields Professional Conduct Services Limited is completely independent of BACP. However, you may wish to choose a solicitor to assist with a response. BACP does not endorse or recommend any legal organisation and any such arrangement is a matter for the party concerned.
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 you are concerned about that possibility, you are advised to consult a solicitor. Many insurers provide their clients with access to legal helplines.
7. Confidentiality
BACP keeps records of complaints separately and confidentially from general membership records. All identifying enquiries about potential or actual complaints are dealt with by the Professional Conduct Department in the strictest confidence. All BACP staff have a confidentiality clause in their terms of employment and members of the Association are bound by the Association's Ethical Framework for Good Practice in Counselling and Psychotherapy. Although BACP asks non‑members bringing complaints to observe confidentiality in the process, BACP has no control over the actions of non‑members. Every effort is made to use non‑identifying information in reports. Papers are returned to BACP Headquarters for destruction after Hearings. All documentary records of complaints will be kept for a period of 7 years from the finalisation of the Professional Conduct Procedure. Where the outcome of a complaint has resulted in termination of membership of the Association, all records will be kept unless and/or until such time as the person concerned has successfully re-applied for membership of the Association. Such records will be considered in any re-application for membership of the Association.
8. Reporting
Notification of findings against members, along with any sanctions, is published on the Association's website and in its journal 'Therapy Today' in such detail as deemed appropriate to the findings and at its discretion. When a sanction has been successfully met, the lifting of the sanction will also be reported. This information is public information and can be given to enquirers. No information on complaints in progress or details, other than those printed, is given out by BACP. Members who have a complaint upheld against them are advised to inform other bodies with whom they may be in contact. This will, or may, pre‑empt other enquiries from those organisations in light of their own Codes of Conduct.
9. Media Publicity
Occasionally a Complainant writes to the press about their experiences or information relating to the complaint becomes available to the papers in other ways. Almost inevitably media stories are incomplete and may misrepresent the facts. Seek advice before making a public rejoinder. In most cases silence is the best response or, if pressed, wording such as ‘I am a member of BACP and am unable to comment because the matter is currently being considered by the Association' may serve your, and BACP's, purposes best.
10. Expenses
Members are reminded that BACP is not responsible for travel or other expenses incurred by any party in connection with any stage of the complaint.
These notes are intended to be of assistance to you. They are periodically reviewed and your comments are welcomed as part of that process.
April 2007, 2011