Information was brought to BACP's attention which was sufficient to refer for consideration under Article 12.6 of the Memorandum & Articles of Association.
The information indicated that Mr Eley had been arrested and subsequently charged with a number of serious offences. Mr Eley was informed by BACP on 17 July 2012 that the nature of this information raised questions about his suitability for continued membership of the Association and in particular raised concerns that his alleged actions have brought, or may yet bring, the reputations of BACP and the profession into disrepute. It was further suggested that his alleged behaviour was incompatible with the values and principles of counselling and psychotherapy and lacking in the personal moral qualities to which counsellors and psychotherapists are strongly encouraged to aspire, and that it was incongruent with that expected of a BACP member. The information also suggested that his fitness to practise was impaired. Information was also submitted confirming that Mr Eley pleaded guilty to 9 charges and that on 19 October 2012 he was sentenced to 7½ years imprisonment and given a sex offenders prevention order.
The member was invited to send in a written response. No such response was received but the member did telephone BACP on 17 August 2012 and in the course of the conversation indicated that he wished to terminate his BACP membership and that he did not practise any more. He further indicated that he was "fine" with the Article 12.6 procedure and that he would not be providing any further response.
The Article 12.6 Panel decided to implement Article 12.6 of the Memorandum and Articles of Association and withdraw BACP membership. The reasons for its decision were as follows:
- The Panel noted that the member, through his plea of guilty, had admitted nine offences.
- The Panel also noted the very serious view taken by the Crown Court of these charges as expressed in the lengthy prison sentence given to the member
- The Panel is satisfied that the member's behaviour has brought the reputations of both BACP and of counselling and psychotherapy into disrepute and that his behaviour self-evidently constitutes a very serious breach of the Ethical Framework for Good Practice in Counselling and Psychotherapy and substantially impaired his fitness to practise.