January 2025: AT, Reference No 00604898, Registrant ID 26237
January 2025: Alan Trudgian, Reference No 00604898, Registrant ID 26237
The Article 12.6 Panel, consisting of […] convened on 11 July to consider the information submitted by […] and the response made by Alan Trudgian.
The Member, Alan Trudgian, was notified of the allegations and sent a copy of the information submitted to BACP, on 4 April Year 2. Details of the concerns raised are as follows.
The Association was made aware, by an email on 24 February Year 1, that the Member was under investigation by […] due to his conduct and had been placed on adjusted duties pending the outcome.
The Employer alleged that the Member acted inappropriately and in a sexual nature towards two separate clients on two separate occasions.
a. In relation to Client 1, it was alleged that he displayed inappropriate
behaviour towards the client amounting to sexual harassment. It is also alleged that he held hands with Client 1, stroked her hair, and put his arm around her whilst asking if he could kiss her.
b. In relation to Client 2, it is alleged that he hugged and kissed Client 2, sat next to her on the couch during a session in which he pushed her hair behind her ears, made inappropriate comments pertaining to women's underwear and Client 2's outfit, and that he touched Client 2 several times without her consent. It is also alleged that he suggested to Client 2 that she text or phone him between sessions.
On 11 and 12 July Year 1, Disciplinary Hearings were held to consider the above allegations. During the Hearings, it was determined that, on the balance of probabilities, the alleged incidents had occurred and as such the Panel concluded that his actions amounted to gross misconduct. On the basis of this finding, the Member was summarily dismissed effective
immediately.
The Association received an email from the Member on 21 July Year 1 stating that he had recently been dismissed following a disciplinary investigation carried out by […] and that he was appealing the decision. He appealed the decision of the dismissal, and the Appeal Hearing took place on 17 October Year 1 when the decision was upheld.
Allegation
This Panel is asked to consider the following allegation:
The nature of the Member’s dismissal from his former employer involved allegations of sexual misconduct and, as such, it is alleged that his conduct is so serious that he is likely to:
· pose a risk to vulnerable clients;
· have or is likely to diminish public confidence in the counselling professions;
· have brought or is likely to bring the reputation of the Association into disrepute.
Response
The Member was invited formally to respond to the allegations. He has not commented on the allegations but has provided a response stating:
“This process has continued to have an impact on my mental health and
emotional wellbeing. Since this began over […] I have been railroaded by the […] and had virtually useless support from my union. I am feeling that this process will continue as I cannot see the BACP disagreeing with the […]. Their process saw me having no chance, even on appeal, to challenge any witnesses face to face and my judgement was then based on uncorroborated statements, I was dismissed on the ‘balance of probability’ and not on any corroborated evidence. This left me in a very dark place, which I do not intend to return. I have previously resigned from the BACP and walked away from any counselling work. I understand there is a process to follow and given more time to recover I may have been able to have an input but I feel unable to assist in fear of the impact on my well being”.
Although the Member states that he has resigned from BACP, his membership remains active whilst this investigation is current.
The Panel was provided with the following written materials:
➢ The information submitted by […]
➢ The response submitted by Alan Trudgian.
Panel’s Decision
The Panel carefully considered all the evidence submitted by […] together with the response received from Alan Trudgian.
The Article 12.6 Panel decided to implement Article 12.6 of the Articles of Association. Alan Trudgian’s membership will be withdrawn subject to appeal. Mr Trudgian has 28 days from the date of notification of this report to submit an appeal. In the absence of an appeal notification will be given to Alan Trudgian by the Chair of the Association with regard to the withdrawal of membership.
The reasons for the Panel’s decision are as follows:
The Panel found that the conduct found proved against the Member by his employers is extremely serious and involved sexual misconduct towards two vulnerable clients. It noted that the allegations were investigated by the Member’s employers and a disciplinary hearing, at which the Member was present and represented by his union representative, resulted in a finding of gross misconduct and summary dismissal. The Member appealed against that finding but that appeal was dismissed. The Panel was satisfied therefore that the Member had been given proper opportunity to provide an explanation of his conduct.
The Panel concluded that the Member’s conduct is so serious that he is likely to:
· pose a risk to vulnerable clients;
· diminish public confidence in the counselling professions;
· bring the reputation of the Association into disrepute.
(Where ellipses [ . . . ] are displayed, they indicate an omission of text)