Complaints we receive about a Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ member are dealt with under our professional conduct procedure (PCP). There are different ways we can deal with complaints, depending upon the nature and seriousness of the issue.
Our new PCP, which was launched in December 2018, is the result of several years' work with members,Ìýother concerned bodies and the Professional Standards Authority for Health and Social Care (the body that accredits our Register). It aims to improve the way we handle complaints, shortening the time it takes to resolve complaints and reducing the number that have to go to a full hearing, while still offering the same level of protection to the public and clients.
You can read more about the changes inÌýTherapy Today (November 2018).
Who can raise a concern?
A concern can be raised about the professional conduct of a member of Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ from:
- anyone who is currently receiving a therapeutic service from a Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ member
- anyone who has received a therapeutic service within the last 3 years*
- anyone who wishes to raise a concern on behalf of someone who's received a therapeutic service who is under the age of 16
- a family member or a relevant professional representative who wishes to raise a concern on behalf of someone who's vulnerable
- a current or former employer* of a Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ member
- a family member of a deceased relative who was in receipt of a therapeutic service from a Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ member
- a third party
Once a concern is received it will be assessed by our Case Assessment Team who will determine whether it can proceed and the route it can proceed via: PCP or 12.6.
If you have any questions about the therapeutic service you've received or whether you're able to raise a concern about a Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ member, we would encourage you to contact the Get Help service.
*If you wish to raise a concern about an event that took place more than three years ago, you may still submit a complaints form, but please be advised that an independent panel will determine whether it's in the public interest for us to consider the matter.
Threshold test
Every complaint we receive is reviewed by a case manager. They will check whether the complaint, if proved, would mean that the member failed to meet our professional standards.
They also check that the complaint is not vexatious or frivolous – ie made to cause annoyance and with no serious purpose or value.ÌýÌý
We may ask for further information from the person making the complaint and the member. This may include a preliminary response from the member.
If the complaint passes the threshold test, we'll inform the complainant and the member.
If the complaint doesn’t pass the threshold test, we'll tell the complainant and the member and close the complaint.Ìý
Right of appealÌý
A complainant may only appeal against a decision to close the complaint if they have convincing new evidence that was not available at the time of the test.Ìý
Letter of advice
For minor or technical breaches of professional standards, we may write to the member with advice on how they can improve their practice. The member must accept that they have failed to meet the standards required.
While this is not a formal disciplinary action, the letter will be kept on their record for three years. We can take it into account if we receive any similar complaints within that time.
Right of appeal
There is no right of appeal for the member or the complainant if the complaint is dealt with by a letter of advice.
Investigation and assessment
Complaints about more serious issues are sent to the Investigation and Assessment Committee (IAC).ÌýThis is a panel of three independent people.
The IAC may request further information or, in exceptional circumstances, interview those involved in a complaint.Ìý
It can make the following decisions:ÌýÌý
- deal with the complaint by means of consensual disposalÌýÌý
- suspend membership through an interim suspension orderÌýÌý
- refer the complaint to a disciplinary hearingÌýÌý
- refer the complaint to a practice review hearingÌýÌý
- dismiss the complaintÌýÌý
The IAC is also responsible for deciding whether complaints that have previously been considered can be reconsidered in the light of new evidence.Ìý
Consensual disposal
If the member admits breaching professional standards and agrees to accept aÌýsanction, the IAC can close the complaint. Details of the agreement and the sanction will be published on this website in Notices.ÌýÌý
Right of appealÌý
There is no right of appeal forÌýthe member or the complainant if the complaint is dealt with by consensual disposal.Ìý
Interim suspension order
IfÌýconsidered necessary for public protection, the IAC can suspend a member from Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ membership for up to 18 months while the complaint is taken to a disciplinary hearing.Ìý
Disciplinary hearing
The IAC can refer allegations of serious breaches of professional standards to a disciplinary hearing, heard by a Professional Conduct Panel.ÌýÌý
If the complaint is upheld, the panel can impose sanctions on the member, including suspending or withdrawing Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ membership.Ìý
Please see Disciplinary hearings for more information if your case has been referred.
Practice review hearing
The IAC can refer complaints about the professional service provided by a member to a practice review hearing, heard by a Professional Conduct Panel.
These are less formal hearings which aim to find a resolution acceptable to both the complainant and the member.
If poor service is proved, and the parties can't agree, theÌýpanel can impose sanctions on the member. However, it can’t withdraw orÌýsuspend Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ membership.Ìý
Please see Practice review hearings for more information if your case has been referred.
The process of conducting a hearing online
What is a virtual hearing?
Who will be present and what can you expect?Ìý
How do you join a virtual hearing?Ìý
What happens next?Ìý
Complaint dismissed
The IAC may decide there’s no case to answer and the complaint will not be taken any further. We will tell the complainant the reasons for this decision and let the member know.
Right of appealÌý
The complainant can ask for a review of the IAC's decision.
We also have a separate, discretionary procedure for serious complaints which cannot be dealt with under the PCP.Ìý
Article 12.6 is used for issues such as criminal convictions or where disciplinary action has been taken by a member's employer. It can't be used for personal matters or to replace investigations by other authorities, such as the police.Ìý
Cases considered under Article 12.6 require a higher degree of proof and we must receive sufficient evidenceÌýto support the disclosure or complaint.Ìý
We assess any information received on a case by case basis. If we proceed, anÌýindependent panel will decide whether or not Article 12.6 should be implemented.Ìý
It will consider whether the member's actions have or may:
- bring Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ's reputation into disrepute
- bring the profession into disrepute
- bring Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ’s private business into the public domain
- impede the legitimate activities of Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ
- misrepresent their membership status
- amount to a serious breach of Ïã¸ÛÁùºÏ²Ê¾«×¼×ÊÁÏ’s Ethical Framework
The only sanction is withdrawal of membership.
If you're considering submitting information for this procedure, please discuss it with us first.