Independent practice as a
psychologist
Guidance published by the Professional Practice
Board of the British Psychological Society
5th Edition – May 2010
These guidelines have been edited by Nigel Atter and
Zoë Mudie on behalf of the Professional Practice Board.
Published by The British Psychological Society, St Andrews House,
48 Princess Road East, Leicester LE1 7DR.
© The British Psychological Society 2010
If you have problems reading this document and
would like it in a different format, please contact us
with your specific requirements.
Tel: 0116 224 9568; E-mail: mail@bps.org.uk
Contents
Code of Ethics and Conduct...................................................................2
Generic professional practice guidelines ..............................................3
Data Protection Act .................................................................................6
Supervision ..............................................................................................9
Support and networks .............................................................................9
Continuing Professional Development ................................................10
Professional indemnity insurance.........................................................17
Advertising..............................................................................................19
Marketing ..............................................................................................21
Chartered Psychologist logo .................................................................22
Fees .........................................................................................................22
Part-time work ........................................................................................23
Working self-employed ..........................................................................23
Working from home ..............................................................................24
Health and Safety legislation ................................................................24
Crisis management ...............................................................................26
Advice to members on acting as an Expert Witness ...........................27
Guidelines for the employment of Psychology Assistants ...................28
Criminal Records Bureau checks .........................................................29
Safeguarding Vulnerable Groups Act 2006..........................................29
Appendix I: Example Terms of Engagement ......................................30
Useful information ................................................................................38
Guidance for Psychologists
1
This booklet is intended as a guideline for members in independent
practice. It covers areas of interest such as generic professional
practice, setting up in practice, working at home, health and safety
and professional liability insurance.
Code of Ethics and Conduct
The Society recognises its obligation to set and uphold the highest
standards of professionalism, and to promote ethical behaviour,
attitudes and judgments on the part of psychologists by:
■
being mindful of the need for protection of the public;
■
expressing clear ethical principles, values and standards;
■
promoting such standards by education and consultation and
implementing methods to help psychologists;
■
monitor their professional behaviour and attitudes;
■
investigating complaints of unethical behaviour, taking corrective
action when appropriate and learning from experience;
■
assisting psychologists with ethical decision making; and
■
providing opportunities for discourse on these issues.
Under the terms of its Royal Charter, the Society is required to
‘maintain a Code of Conduct’. In 1985 the Society adopted a Code
of Conduct which has been regularly updated. From monitoring
complaints and ethical enquiries, the Society’s Ethics Committee
identified a need for a Code which gave more emphasis and support
to the process of ethical decision making.
The Code of Ethics and Conduct, which came into effect on 31 March
2006, should guide all members of the Society and should be read in
conjunction with the Society’s Royal Charter, Statutes and Rules.
For further detail see Code of Ethics and Conduct (2009).
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Independent Practice
Generic professional practice guidelines
The practice of professional psychologists is underpinned by:
Four key ethical values:
■ Respect;
■ Competence;
■ Responsibility;
■ Integrity.
Five core competences:
■ Assessment;
■ Formulation;
■ Intervention or implementation;
■ Evaluation and research;
■ Communication.
Assessment
Assessment of psychological processes and behaviour is derived from
the theory and practice of both academic and applied psychology.
It is different from other activities such as diagnosis and includes
both assessing change and stability and comparison with others.
Applied psychologists have the ability to assess the suitability of
different measurement procedures depending on the purpose for
which the assessment is needed, as well as being competent to devise
and use context-specific procedures.
Assessment procedures include:
■
the development and use of psychometric tests in best-practice ways;
■
the application of systematic observation and measurement of
behaviour in a range of contexts and settings;
■
devising structured assessment strategies for individual clients,
teams and organisations; and
■
the use of a range of interview processes with clients, carers and
other professionals.
Guidance for Psychologists
3
Results of these assessments are integrated within the context of the
historical, dynamic and developmental processes that will have
shaped an individual, family, group or organisation as well as relate
to future aspirations or needs.
Formulation
Formulation is the summation and integration of the knowledge that
is acquired by this assessment process, which may involve a number
of different procedures. This will draw on psychological theory and
research to provide a framework for describing a client’s problem or
needs. Because of their particular training in the relationship of
theory to practice, applied psychologists will be able to draw on a
number of models to meet needs or support decision-making. This
process provides the foundation from which actions derive.
Intervention or implementation
Intervention, if appropriate, is based on formulation. This may involve
the use of psychological models or approaches to facilitate change, or
solution of a problem or improvement of the quality of relationships.
Other kinds of intervention may include training, supervision, or
coaching of others (such as professional staff, managers, relatives and
carers), the provision of psychological knowledge through teaching or
the development of skills through supervision and consultation. All
these interventions, or implementation of solutions, are tests of the
provisional hypotheses contained in the formulation and are subject to
iterate modification in the light of experience and new data.
Evaluation and research
Evaluation is a critical and integral part of the applied psychologist’s
work.
All activities and interventions need to be evaluated both during and
after their implementation. For example, assessment of the stability
and security of change, whether needs are met appropriately, or if
decision-making is supported adequately may be examined. Research
includes the ongoing evaluation of assessment, formulation,
intervention or implementation in relation to specific services
4
Independent Practice
provided. It also includes the development and testing of psychological
theory explorations of psychological processes and outcomes (basic
research), the development and evaluation of specific psychological
interventions (primary research), and the consolidation and
evaluation of primary research (secondary research).
Communication
Communication skills are integral to all aspects of an applied
psychologist’s role. Effective communication skills are routinely
essential in relation to all aspects of work with others.
Communication skills include communication with individuals,
groups or organisations, all forms of electronic, written and verbal
communication, and the dissemination of research findings.
Professional psychologists help others through the unique
application of research-based psychological knowledge and skills in a
structured process. This process includes assessment (the
identification and analysis of needs and problems of individuals,
groups and organisations), formulation of solutions, intervention or
implementation, followed by the evaluation of outcomes. Clear and
effective communication skills are integral to all of these.
Access to records and record-keeping
Psychologists should follow local and national guidance and statutory
responsibilities regarding the retention of records.
They need to take care when making and/or keeping records to
include only such information as is required for the purpose of their
professional involvement with the subject(s) of their records and to
exclude superfluous information.
Psychologists must bear in mind the potential impact of the
information in their records on all who may have access to such
records, for example, the client, other professionals, managers,
authorised carers, etc. Where possible, distinction should be made
between fact, observation and opinion and judgemental comments
should be avoided.
For further detail see Generic Professional Practice Guidelines (2007).
Guidance for Psychologists
5
The Data Protection Act 1998 – Guidelines
The following information is provided as a guide to the Data
Protection Act 1998 and it is a brief explanation of the requirements
based on the contents of the Act and Information Commissioner’s
Office (ICO) advise.
The Act
The Data Protection Act gives individuals the right to know what
information is held about them. It provides a framework to ensure
that personal information is handled properly. The Act works in two
ways. Firstly, it states that anyone who processes personal information
must comply with eight principles, which make sure that personal
information is:
■
fairly and lawfully processed;
■
processed for limited purposes;
■
adequate, relevant and not excessive;
■
accurate and up-to-date;
■
not kept for longer than is necessary;
■
processed in line with your rights;
■
secure; and
■
not transferred to other countries without adequate protection.
The second area covered by the Act provides individuals with
important rights, including the right to find out what personal
information is held on computer and most paper records.
Who the Act applies to
The Act will usually apply to all businesses and organisations
regardless of size or field. Unless you are an individual holding
personal information only for your own domestic use, e.g. an address
book, then you are required to comply with the Act.
If you are required to comply with the Act, you have a number of
legal responsibilities:
6
Independent Practice
a. to notify the Information Commissioner you are processing
information, unless you are a business or organisation that has
personal information only for:
■
staff administration (including payroll);
■
advertising, marketing and public relations used only for
your own business; or
■
accounts and records (some not-for-profit organisations)
b. to process the personal information in accordance with the eight
principles of the Act; and
c. to answer subject access requests received from individuals.
Any individual or organisation that processes personal information is
responsible for adhering to the requirements laid down in the Data
Protection Act. Practising psychologists should know, understand and
follow the requirements of the Act and adhere to these in a
professional and ethical manner.
Notification
Notification (often refered to as registration) is a statutory
requirement and every business and organisation that processes
personal information must notify the Information Commissioner’s
Office (ICO), unless they are exempt. Failure to notify is a criminal
offence. Notification currently costs an annual fee of £35 (no VAT
charged), payable to the Information Commissioner’s Office.
Detailed information on how to Notify is available at the Information
Commissioner’s Office website:
www.ico.gov.uk/what_we_cover/data_protection/notification.aspx
Even if you are exempt from notification this does not mean that you
are exempt from the rest of the requirements of the Act.
NB: A number of private companies have been contacting businesses
throughout the UK demanding fees of more than £95 to register/
notify your business under the Data Protection Act. Do not be misled
by these ‘agencies’. They have no official standing or powers under
the Data Protection Act and there is no connection between them
and the Information Commissioner’s Office.
Guidance for Psychologists
7
Access Rights Requests
Any individual is entitled to know whether or not personal
information is held about them by any business or organisation, and
if so what it consists of . They can make an Access Rights Request in
writing asking for this information and it is a legal requirement to
provide this within 40 days of the request. A detailed checklist
document is provided by the ICO to assist with the handling of these
requests and a copy of this is attached and it is available online at:
www.ico.gov.uk/upload/documents/library/data_protection/
practical_application/checklist_for_handling_requests_for_personal_
information.pdf
Recommendation
As a practising psychologist you are likely to collate and process
personal information regarding your clients. Therefore, it is strongly
recommended that you Notify (register) with the Information
Commissioner. All businesses have to comply with the Data
Protection Act 1998 so if you keep personal records on a computer
then you must register. Even if you only keep paper records it is
likely that they fall within the Act. The Information Commissioner
promotes good housekeeping and requires that individuals work
within the principals of the Data Protection Act 1998.
8
Independent Practice
Supervision
Psychologists in independent practice must have the same levels of
supervision as required for those employed in public organisations.
The opportunity to explore and learn from the practical,
experiential and theoretical elements of professional practice is an
essential component of the psychologist’s continuing development.
Supervision also provides the forum whereby the individual
psychologist’s professional work and judgement is open to inspection
by his/her professional peers. It is the responsibility of the
psychologist to ensure that potentially controversial issues, or those
with uncertain ethical implications, are presented for supervision.
For further detail please see the Generic Professional Practice Guidelines
(2007). Please also note the Independent Practitioner’s Forum has
been used to locate and access supervision.
Support and networks
The Society’s member networks exist to further members’
professional interests. Focussed on training and practice, they aim to
develop psychology as a profession and as a body of knowledge and
skills.
The Professional Practice Board has established an independent
practitioners’ discussion forum. Members engage in lively debate on
topics such as expert witness reports, tax and the Inland Revenue,
how to attract more referrals, and much more. Members are able to
access the full archive of discussion threads. There is a real
community spirit fostered by collegial support (contact
ppbchair@bps.org.uk if you wish to join).
Guidance for Psychologists
9
Continuing Professional Development (CPD)
The Government’s position on life-long learning
The accelerating rate of change in modern societies has a number of
consequences. Among them is a need to redefine the role of
education and training. However, long and thorough is the process
of initial professional training, it can no longer serve to prepare
individuals adequately to carry out their professional duties for the
rest of their careers. It is in acknowledgement of this situation that
the Government of the UK has supported the development of the
concept of ‘life-long learning’. This emphasises the need for all of us,
at every stage of our careers, to take part on a regular basis in
activities and processes, which will enhance knowledge and skills,
deepen understanding and maintain best practice.
What is CPD?
CPD can be defined as ‘a range of learning activities through which
psychologists maintain and develop throughout their career to
ensure that they retain their capacity to practise safely, effectively and
legally within their evolving scope of practice’ (Health Professions
Council, 2009).
The Society’s approach to CPD
CPD is seen as an integral part of psychologists’ working lives,
enabling us to keep up with the changes in the evidence base,
technology and skill requirements as well as to enhance our
professional skills and careers.
The model of CPD preferred by the Society is a cyclical one with four
stages: planning, action, outcomes and reflection. In order to get the
most out of CPD it is important to engage in the whole cycle with a
focus not just on inputs, but, on outcomes and reflective evaluation,
10
Independent Practice
both the application of learning to practice and the identification of
what has been learned through practice.
A simple list, however lengthy, of events attended or books read will
not serve as evidence of CPD. What is required is a consideration of
CPD cycle
●
●
●
●
Reflect on the benefits of
each CPD activity for your
clients, your service and
yourself.
Evaluate how well each activity
has met the objective you set.
Identify any further learning
you want to pursue on this
topic.
●
Review practice – this may link
in with an appraisal.
Identify CPD objectives
(development needs) to help
you achieve service goals and
personal career goals.
Planning
Reflection
Action
Outcomes
●
Identify learning gained and
how it relates to your practice.
●
Undertake CPD activities.
the effects of these actions on professional practice and some
reflection on the whole experience.
Getting the most out of CPD
For most people, engaging in CPD involves undertaking a range of
formal and informal activities, which necessitates an investment in
time and money. Whether you are employed or an independent
practitioner, it is likely that you will need to justify the resources you
Guidance for Psychologists
11
have committed to CPD by identifying the benefits gained. The
following ‘good practice’ pointers are intended to help you make the
most out of your investment in CPD.
CPD Plan
Carrying out a review of your own practice, on at least an annual
basis, is a good starting point for planning your CPD. Thinking about
what you need to update (e.g. new legislation) and the particular
areas that you want to develop can help you to clarify your goals for
the year ahead. This will help you to identify and prioritise your
objectives for CPD for the year and to start planning the most
appropriate activities to achieve the new learning that you need.
For many psychologists in independent practice there is likely to be
a significant amount of CPD (e.g. researching a particular topic or
learning a new technique) that is undertaken as the year progresses,
in response to work for clients. Whilst these learning needs may not
have been identified when you carried out your review, your plan is
a living document and can be adapted as the year progresses, to
include new learning needs as they arise. There are also likely to be
some opportunities for CPD that arise serendipitously, e.g. a
conference or workshop on a topic of interest, and reference to your
CPD plan can reconfirm your objectives and help you decide which
would be the most appropriate use of your time an resources.
CPD Activities
CPD can encompass a broad range of activities, both formal and
informal. It is important to remember that most psychologists are
engaging in many of these activities as a normal part of their
professional life.
A fuller list of activities can be found on the HPC website
(www.hpc-uk.org/registrants/cpd/activities), and should give an idea
of the different activities that can be included in a record of your
professional development.
12
Independent Practice
The activities are categorised into five broad groupings, below are
some examples:
1. Work-based learning
● Learning by doing
● Case studies
● Reflective practice
2. Professional activity
● Involvement in a professional body
● Giving presentations at conferences
● Supervising research
3. Formal/educational
● Attending conferences
● Writing articles or papers
● Going to seminars
4. Self-directed learning
● Reading journals/articles
● Reviewing books or articles
● Keeping a file of your progress
5. Other
● Public service
● Voluntary work
● Courses
Guidance for Psychologists
13
It is important to remember that the focus of activities should be
upon the learning outcomes and how these are enabling you to
develop and grow professionally.
CPD Reflective Evaluation and Learning Outcomes
The important outcome for each individual is what you have learned
as a result of undertaking a particular CPD activity. The aim of
reflection is to identify what has been learned and how this learning
has been used, or will be used. You may wish to consider:
●
Whether the activity has been successful and has met the relevant
professional development need.
●
How your knowledge skills and/or understanding has changed.
●
Whether your perspective or approach has changed in any way.
●
How it has helped you to develop in relation to your professional
activity.
●
What you can do that is different.
●
The benefits that this has for your clients and the service you
provide.
Reflecting upon how you have applied/will apply the learning to
your practice can help you to evaluate how well each of your CPD
activities has met your expectations, and to identify the types of
activity from which you have achieved most benefit. You may also
find that the process of evaluation throws up some new learning
objectives, together with some that have only been partially met, and
these can be carried forward to your next phase of CPD planning.
Statutory Regulation for Psychologists and the Society’s
CPD Policy
The onset of statutory regulation means that the independent
regulator will take on the role of regulating the CPD of practising
psychologists, but alongside this there is still an ethical obligation for
members to comply with the Society’s CPD policy, which means
engaging in and maintaining a reflective record of their professional
development activities throughout their careers. As all members
14
Independent Practice
registered with the Health Professions Council (HPC) will be legally
required to comply with their CPD requirements, the Society will not
be undertaking CPD monitoring that might overlap with the HPC’s
duties as the independent regulator, and the Society’s main focus on
CPD will be one of member support. However, the Society does have
future plans to operate CPD monitoring processes for the purposes
of determining attainment and/or maintenance of a specific
status/award, e.g. membership upgrade or Chartered Scientist status.
The Society strongly recommends that members maintain an
ongoing reflective record of their CPD.
Society support for CPD
It should be noted that whilst the HPC takes on the regulatory
function, it does not take on a development function and so the role
of the Society to promote good CPD practice amongst its members
by providing guidance, training and support for practitioners
remains.
To help our members compile reflective logs we have redesigned and
updated our online CPD Planning and Recording System. This is
called my CPD and is now available to all Society members. my CPD
can help you structure your professional learning and assess how
your activities impact on your portfolio of professional skills. my CPD
can also be used to create and download Adobe PDF versions of CPD
logs to use when updating your skills and for the purposes of the
HPC’s CPD audit.
●
The online facility for planning and recording your CPD is
available at www.bps.org.uk/cpd
●
The recording format is also available as MS Word templates
available from www.bps.org.uk/cpd-word-summary-log.
In addition the Society provides over 100 professional development
events, workshops and conferences across its member networks each
year, and this information is now easily accessible to all members, via
the BPS Learning Centre. This is an online portal for professional
development, showcasing the latest opportunities relevant to
Guidance for Psychologists
15
psychologists. The Learning Centre has a searchable online
catalogue of events and an online payment facility.
For more information see www.bps.org.uk/learningcentre, or contact
the CPD helpline 0116 252 9916.
16
Independent Practice
Professional indemnity insurance
It is essential that all psychologists in independent practice take out
professional indemnity insurance – indeed, they have a duty to do so.
The Society has negotiated insurance cover which is available at a
competitive cost through two approved insurance schemes.
The individual members’ policy provides cover for:
■
legal costs (both the psychologist’s own costs and any other side’s costs;
■
if awarded against the psychologist);
■
awards of damages;
■
the legal costs involved in representing the psychologist at
Disciplinary Committee Hearings of the Society; and
■
legal advice on any personal, professional conduct or business
matter. (It is important to stress that this legal advice helpline is
provided by a totally separate organisation from the one that
provides the insurance cover.)
The premium for this advice helpline is £2 for each insured
psychologist.
This facility is only intended as a support/guidance and advice
helpline – it cannot fully answer every question, but will suggest
where to obtain specialist advice. It is not in any way designed to
replace the normal legal advice which every business requires at
some time. It does, however, have the advantage of being available
365 days a year on a 24-hours-a-day basis).
If a member becomes aware of an incident which they think might
give rise to a claim against them, they must notify the scheme
brokers immediately so that the insurers are made aware. Advice
taken from the legal helpline does not constitute such a notification,
as this advice is totally separate from the insurers and the brokers.
The insurance policy is designed to be reactive rather than proactive,
designed to respond to claims made against the psychologist. It is not
a legal expenses policy and is, therefore, not designed to allow the
Guidance for Psychologists
17
psychologist to take proactive action against others, for example in
the case of possible defamation, where the psychologist wishes to
clear their name.
Those members who work from home must advise their household
buildings and contents insurers that they are doing so – in particular
it is essential that insurance cover includes public liability for cover
for accidents to patients while on the premises.
It is most unlikely that business equipment will be covered by a
household contents policy (even where the insurer is aware that the
member is conducting a business from home).
Firms and companies
The members’ scheme is designed for individual members only.
Members who trade as partnerships or who are directors of limited
liability companies will need a ‘firms’ policy which gives additional
cover and is more expensive. All members are recommended to
discuss their insurance needs with the scheme brokers who can
obtain cover for firms at realistic levels of premium.
Scheme insurance brokers
Professional liability insurance can be obtained from either:
Towergate
or
Howden
Tel: 0113 391 9510
Tel: 0113 251 5011
E-mail: professionalrisks@towergate.co.uk
www.howdenpro.com
www.towergateprofessionalrisks.co.uk
See the Society booklet Professional Liability Insurance for more detail.
18
Independent Practice
Advertising the services offered by
psychologists
The Society is frequently asked for advice on acceptable ways of
advertising the services offered by psychologists. The Professional
Practice Board prepared the following guidelines in an attempt to
make explicit the principles involved.
A definition
An advertisement is defined as a communication addressed directly
to the public or a section of it, the purpose of which is to influence
the behaviour or opinions of those to whom it is addressed. An
advertisement, therefore, includes any announcement of the
professional services of an individual psychologist or group of
psychologists whether working in independent practice or for a
corporate employer, appearing, for example, in the press, television,
radio, in Yellow Pages, via a website, or in a directly distributed
brochure, both electronic and hard copy. Different principles would
apply to a letter of introduction which a psychologist might send to a
third party (e.g. a solicitor or medical practitioner) introducing the
psychological services offered to clients who subsequently may be
referred at the discretion of the third party receiving the letter.
The role of the Society
The role of the Society is to ensure that, however members earn
their livelihood, they advertise their psychological services with due
regard for acceptable standards. Announcements through agencies
should conform to the same standards.
General concepts
All psychologists should recognise the need to encourage and
preserve a relationship with those to whom their services are offered
which is dignified and based on confidence. They will, therefore,
refrain from making exaggerated and unjustified claims for the
effectiveness of their methods, from advertising services in a way
likely to encourage unrealistic expectations about the effectiveness of
Guidance for Psychologists
19
the services offered, or from misleading those to whom services are
offered about the nature and likely consequences of any
interventions to be undertaken.
Some prohibitions or what not to include in an advertisement:
(i)
(ii)
(iii)
(iv)
20
Psychologists should not make any comparative denigration
of the services of other psychologists or practitioners from
other professions. Psychologists should not claim that the
services offered are of superlative quality or that the
psychologist offering the service is likely to give better advice
than others. (Psychologists may, of course, mention their
formal qualifications.) Psychologists will not, however,
advertise their availability to give second opinions or
reassessments.
When advertising personal services directly to individual
members of the public psychologists should not play on
clients’ fears regarding their state of health and avoid
stimulating in clients any feeling of dissatisfaction with their
present life situation. For example, a psychologist offering
occupational guidance when reporting this fact should do
nothing to encourage a client to question his or her current
level of job satisfaction.
Psychologists should not claim or imply the certainty of cure
for any conditions to be treated nor the certainty of success
with the resolution of a client’s problems.
Psychologists should not offer to refund money to dissatisfied
users of psychological services.
Independent Practice
The competence of those claiming expertise in specialist areas of
psychology:
Where psychologists make claims to offer specialist services or
specific treatments (e.g. hypnotherapy) the psychologists concerned
are required to be able to substantiate their claims, e.g. by
demonstrating that they have received relevant training in the area.
Care should also be taken to avoid offering treatment or advice as a
psychologist in areas that do not form part of the discipline and
profession of psychology and in which training is not normally given
to psychologists.
Information about advertising can be found at the Advertising
Standards Agency’s website, www.asa.org.uk
Chartered Psychologists can advertise their services in the Directory of
Chartered Psychologists. Contact the Society’s Membership Team for
further details.
Marketing
Traditionally the principal areas of marketing focussed upon: the
product, its price, the place and promotion – these are known are
the 4Ps. The marketing mix now consists of:
■
Product – the product and services offered by your practice.
■
Price – see information on Fees below.
■
Place – where you are located – but could also be via the internet.
■
Promotion – the way you communication and what services you
have to offer to clients. It must grab their attention whether it be
via the internet, a magazine, poster or letter. It should be easy to
read and clients should have an easy method to contact you.
Also see guidance on advertising above.
■
People – you, your partners, and staff.
■
Process – how a service is delivered to a client.
Guidance for Psychologists
21
■
Physical evidence – can mean the services to be provided by the
psychologist to a client.
For further information please see the Chartered Institute of
Marketing, which provides some free advice. www.cim.co.uk/
Also see the Business Link for free advice on marketing.
www.businesslink.gov.uk
Chartered Psychologist logo
The logo can be used on advertising,
letterheads and business cards for Chartered
Psychologists and can be used to advertise
your services in any appropriate way, i.e. if
you are a Chartered Psychologist it can be used on any advertisement
promoting your work as a psychologist.
The logo comprises Psyche (in a box) with the words The British
Psychological Society to the right-hand side, and Chartered
Psychologist underneath. It should be used so all three elements
show (i.e. please do not use just Psyche on her own, or the logo
without the words Chartered Psychologist).
Chartered members can download the logo in various formats from
the members area of the Society’s website.
Fees
Because of legislation to foster competition and free trade and
prevent the formation of monopoly practices, professional bodies are
not permitted to give specific guidelines on the fees to charge.
Before setting up in independent practice it is wise to check with
other independent practitioners as to the level of fees that are
currently being charged in the area. At the time of writing, anecdotal
evidence suggests that practitioners charge somewhere in the region
of between £80 to £200 per hour. It is good professional practice and
22
Independent Practice
sound business sense to make it clear to all clients before
commencing any work what the fees are likely to be, and what is
included in the service. The Society recommends that all
psychologists in independent practice should make it clear to all
clients before any work commences what their fees are likely to be
and for what they will be paying. It is essential that clients are clear
regarding the fee basis and likely charges if future misunderstanding
and complaints are to be minimised.
Part-time work
Most psychologists employed by public organisations have a
contractual obligation to inform their employers if they wish to
undertake additional work independently. Even where this
requirement is not a contractual obligation, as a matter of courtesy
the Society advises all psychologists to keep their employers informed
of any additional part-time work they intend to undertake regularly.
Working self-employed
For those colleagues setting out to practise independently they will
need to register with the HM Revenue and Customs (HMRC). You
should contact the HMRC as soon as you start working for yourself.
The HMRC provides comprehensive guidance to assist the newly selfemployed, see Working for Yourself: The Guide. This covers income tax
and self-assessment, VAT, National Insurance, record keeping and
controlling finance, amongst other things. There is also a helpline
for those new to self-employment: 08459 15 45 15.
For further information see www.hmrc.gov.uk/
Business Link also has helpful information:
www.businesslink.gov.uk/
Guidance for Psychologists
23
Working from home
Some independent practitioners work from home, using a room or
rooms at home. When doing so practitioners are advised to be aware
of personal safety issues. Community police officers can advise on
these matters. Responsibility for personal safety ultimately lies with
the practitioner – thus it is essential to conduct a safety risk
assessment.
For more information on risk assessment see the Faculty of Forensic
Clinical Psychology Occasional Briefing Paper No 4, Risk Assessment
and Management (2006), and Issues in Forensic Psychology, Risk
Assessment and Management (2004).
There are also insurance implications. Advice on these matters can
be obtained from your professional liability insurance company.
Health and Safety legislation
The main act that is concerned with health and safety is the Health
and Safety at Work Act 1974. The following general duties are placed
upon employers, the self-employed and employees under different
sections of the Act (only the main sections dealt with by the Health
and Safety Executive are mentioned below):
Section 2: Places general duties upon employers to ensure the
health, safety and welfare of all employees at work.
Section 3: Places general duties upon employers and the selfemployed to ensure the health, safety and welfare of anyone not in
their employment who are likely to affected by their undertaking.
Section 4: Places general duties upon landlords who control premises
where others may work to provide safe access and egress, and make
sure that any plant and equipment is safe to use (where such
equipment is provided by the landlord).
Section 6: Outlines the duties of those who make, supply, design or
import articles or substances for use at work to ensure that they can
24
Independent Practice
be used safely and provide any relevant information relating to its
safe use.
Section 7: Places duties upon employees to ensure that their acts or
omissions do not present a danger to others.
Section 8: The duty not to interfere with or misuse anything
provided under a legal requirement.
Section 9: Prohibits the employer from charging for anything
provided under a legal requirement, e.g. personal protective
equipment.
There are numerous requirements for all businesses to adhere to
with regard to health and safety law. The main requirements are as
follows:
■
Have a written, up-to-date health and safety policy if you employ
five or more people. See free leaflet INDG259, An Introduction to
Health and Safety. This contains a template which can be used by
small businesses.
■
Carry out a risk assessment (and if you employ five or more
people, record the main findings and your arrangements for
health and safety). See free leaflet INDG163, Five Steps to Risk
Assessment.
■
Find out if you are required to register with your enforcing
authority. Information on registration can be obtained online at:
www.hse.go.uk/smallbusinesses/faqs.htm#8.
■
If you employ anyone you must display a current certificate as
required by the Employers’ Liability (Compulsory Insurance) Act
1969. See free leaflets HSE40, Employers’ Liability (Compulsory
Insurance) Act 1969: a guide for employers and HSE39, Employers’
Liability (Compulsory Insurance) Act 1969: A guide for employees and
their representatives.
■
Display the Health and Safety Law poster for employees or
alternatively give each employee a copy of the law leaflet. The
leaflet can be downloaded at: www.hse.gov.uk/pubns/law.pdf.
Guidance for Psychologists
25
■
Notify certain types of injuries, occupational diseases and
dangerous occurrences as required under the Reporting of
Injuries, Diseases or Dangerous Occurrences Regulations 1995.
See free leaflet MISC769, Incident at Work.
■
Consult any appointed union/non-union safety representatives on
issues, such as any changes which might affect health and safety
and information and training which has to be provided. See free
leaflet INDG 232, Consulting Employees on Health and Safety.
■
There are also the general requirements to provide first-aid
facilities, a safe working environment and ensure the health,
safety and welfare of anyone who is likely to be affected by your
undertaking, including non-employees.
The HSE produces The Health and Safety Starter Pack, which contains
most of the basic health and safety advice you need to help your
business comply with the law. See www.hse.gov.uk/smallbusinesses/
pack.htm.
Crisis management
For members working in health and social care settings – what to do
if your client is in crisis:
■
Develop a crisis card with important crisis service numbers for
your area.
■
Seek preliminary consent to share select information with
statutory services in the event of crisis.
■
Make links with local GP surgeries/Crisis Management Home
Treatment teams, especially if your client is on enhanced Care
Programme Approach (CPA).
■
Decide in advance whether or not you will continue to meet with
clients while under the care of crisis or inpatient services.
■
Establish crisis/contingency plans with your clients (if your
therapeutic approach does not permit this, ensure your service
can deliver this outside of therapy).
26
Independent Practice
■
Be aware that psychological therapy sessions can inadvertently
escalate crises, especially if the onset of crisis is not known to the
therapist.
Also note, many local crisis teams will only accept referrals directly
through primary care services rather than taking self-referrals.
Independent practitioners should know the local procedures in their
area and ascertain whether direct access is feasible for secondary
level crisis work or whether all referrals in crisis need to be screened
through primary care services first (be it GPs or specialist primary
care liaison/mental health teams). Not knowing the local procedure
is one of the key processes that elongates referral and assessment
times. Also, know whether your local area has a psychiatric liaison
service at the local Accident and Emergency unit that could also
function as a route in should your clients risk elevate.
Advice to members on acting as an
Expert Witness
The Society has produced guidance for members acting as expert
witnesses. In 2010 this was expanded somewhat and includes the
following as core themes:
■
Definition of an ‘expert’ and other types of witnesses.
■
The importance of competence and qualification with a
recognition that psychologists need to provide evidence only
within their field of expertise. For example, research
qualifications alone (e.g. a PhD, MPhil) would not be sufficient to
allow a psychologist to provide an applied opinion in court. The
guidance outlines the importance of staying within your area of
psychological expertise.
■
How instructions from others (e.g. advocates) can be managed
and responded to effectively and efficiently.
■
The limits and definition of confidentiality.
Guidance for Psychologists
27
■
The importance of identifying and avoiding potential conflicts of
interest. For example, it would be a conflict of interest for a
psychologist based within a NHS trust to offer an expert witness
opinion on a client who falls under the care of the same trust.
■
Managing oral and written testimony, including the etiquette of
formal and quasi-court proceedings and the importance of
reducing evidence to issues, facts and opinion.
■
Attention to both civil and criminal witness procedure rules and
guidelines. The revised guidelines now include reference to the
Criminal Prosecution Service’s mandatory requirements for use of
evidence by experts including the need to reveal, retain and
record.
See Psychologists as Expert Witnesses (2007).
Guidelines for the employment of
Psychology Assistants
The Society has produced Guidelines for the Employment of Psychology
Assistants for the benefit of assistant psychologists, their employers
and managers. These should be read against the background Code of
Ethics and Conduct, the guidelines for professional practice of the
relevant division and the Agenda for Change (A4C) profiles of
psychology grades in the NHS. The principles contained in the
document should apply to graduate psychologists who may either be
employed in the NHS in other roles (e.g. graduate mental health
care workers), or as research assistants with other employers (e.g.
universities or in the voluntary or independent sector).
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Independent Practice
Criminal Records Bureau (CRB) checks
The Society is pleased to announce that it is now able to obtain
standard and enhanced disclosure CRB checks for members. Our
membership team will send you the necessary forms to complete and
will them check and send your application on your behalf. If you are
self-employed or training for a Society qualification this could be the
simplest way for you to obtain a CRB check.
For further details please e-mail membership@bps.org.uk or call
0116 252 9911.
Safeguarding Vulnerable Groups Act 2006
The Independent Safeguarding Authority (ISA) has been established
to prevent unsuitable people working with children and vulnerable
adults. It will assess every person who wants to work with children or
vulnerable adults. For more information see www.isa-gov.org.uk.
Guidance for Psychologists
29
Appendix I
The following is provided as an Example Terms of Engagement or contract.
It is agreed that:
Definitions and Interpretation
1.1
In this agreement the following words have the following
meanings:
1.1.1 ‘Appointer’ means the solicitors, insurer, insurance
company, government department, local authority,
firm, company, partnership or any other person who
instructs the Psychologist.
1.1.2 ‘Commencement Date’ means the date of this
agreement (as set out above).
1.1.3 ‘Client’ means the individual person(s), firm,
company, government department, public body on
whose behalf the Appointer has engaged the
Psychologist.
1.1.4 ‘Disbursements’ means all reasonable and appropriate
costs and out-of-pocket expenses incurred by the
Psychologist in providing the services including (but
without limitation) travel, refreshments, hotel
accommodation, photography, video recordings,
printing and duplicating.
1.1.5 ‘Engagement Terms and Conditions’ means the
contractual terms and conditions which the
Psychologist shall use when being engaged by the
Appointer.
1.1.6 ‘Psychologist Fees’ means (in absence of written
agreement to the contrary) the reasonable charges of
the Psychologist for the services based on the expert
hourly rate set out in the schedule and any other fees
to which the Psychologist is entitled.
1.1.7 ‘Psychologist Service’ means the services to be
provided by the Psychologist to an Appointer set out
in the schedule.
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Independent Practice
1.1.8
1.2
1.3
1.4
2.
2.1
‘Hourly Rate’ means the amount the psychologists
shall be entitled to charge the Appointer for their
services for each hour where they are engaged in any
way in relation to the Matter/Case. Where the
Psychologist is engaged for less than a full hour they
shall be entitled to charge for such time on a pro-rata
basis based on the relevant portion of such hour.
1.1.9 ‘Matter/Case’ means the specific matter or case (as
applicable) for which the Psychologist is to be
engaged by the Appointer.
1.1.10 ‘Report’ shall mean a written professional report
provided by the Psychologist for an Appointer which
the Psychologist is instructed to produce by the
Appointer for use by the Appointer in relation to the
matter/case.
1.1.11 ‘Working Day’ means a day (other than a Saturday,
Sunday, statutory, bank or public holiday or a day on
which the Psychologist has specified that they will be
on holiday).
1.1.12 ‘Required Services’ means the Services as set out in
the written instructions from the Appointer to the
Psychologist.
The headings in this agreement are for convenience only and
shall not affect its interpretation.
References to clauses and schedules are references to clauses
and schedules in this agreement unless otherwise stated.
Words importing the singular number only shall include the
plural number and vice versa; words importing a specific
gender only shall include all genders, and words importing
persons shall include corporations.
Supply of Services
The parties acknowledge that any and all expert services
provided to Appointers are intended for use solely by the
Appointer and/or the client.
Guidance for Psychologists
31
3.
3.1
Duration
This agreement shall commence on the commencement date
and, unless sooner terminated, continued for the period set
out in the schedule.
4.
4.1
Fees/Invoice Procedure
The Appointer shall be responsible to the Psychologist for
payment of the psychologist fees and disbursements, whether
or not the Appointer had been placed in funds by the client
(or, in the legal aid cases, by the Legal Aid Board).
Where any matter/case is referred to taxation or assessment
by the Legal Aid Board the liability of the Appointer to pay
the Psychologist’s fees and disbursements shall not be
reduced unless a court or Legal Aid Board has provided
detailed specific guidance that such fees and disbursements
were not reasonable. The Psychologist shall not suffer loss
and have their fees reduced or pro rated down where a
general reduction in costs to a particular matter/case is
imposed by a court or Legal Aid Board.
The Psychologist shall raise an invoice in their name to the
Appointer for their fees and disbursements and any other
fee, cost expense or debt due to the Psychologist on
completion of the required services.
The Psychologist should ensure that details of payment
required are specified in the agreement. Invoices should be
submitted immediately after the completion of services.
Where the Psychologist has provided expert services in a
matter/case which is/was subject to Legal Aid:
4.5.1 The Psychologist shall be notified if the Legal Aid
Board has refused to provide funding for a
matter/case. This does not remove the onus of
payment from the Appointer for work completed.
4.2
4.3
4.4
4.5
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Independent Practice
5.
5.1
5.2
6.
6.1
6.2
7.
7.1
7.2
8.
8.1
VAT
All sums payable under the agreement unless otherwise
stated should be exclusive of VAT and other duties or taxes.
Any VAT or other duties or taxes payable in respect of such
sums shall be payable in addition to such sums at the
prevailing rate to that time.
The Psychologist’s Duties
When providing professional services, the Psychologist will
ensure that they are engaged using the Engagement Terms
and Conditions and shall not amend or allow others to
amend such Engagement Terms and Conditions unless there
is mutual agreement.
The Psychologist shall at all times maintain adequate
professional indemnity insurance.
Hours and Availability
During the period of agreement the Psychologist shall, unless
prevented by ill health, devote to the provision of the
professional services such part of the Psychologist’s working
time attention and abilities as are reasonably necessary for
proper fulfilment of such services.
The Psychologist may in his absolute discretion employ or
retain assistants for the performance of the Services. In such
circumstances, the Psychologist will use all reasonable
endeavours to ensure that the assistants are suitably
competent or experienced to perform the Services, and will
ensure the provision of supervision.
Non-Exclusive Arrangements
This agreement shall not prevent the Psychologist from
obtaining work or providing services to any person,
organisation or body outside the scope of this agreement.
Guidance for Psychologists
33
9.
9.1
9.2
Confidentiality
Any documentation disclosed by each party to the other
during the period of this agreement (including, without
limitation, confidential information) shall be regarded as
between the parties, and as the property of the disclosing
party. It shall be used solely and exclusively for the purposes
of this agreement and for no other purpose whatsoever.
Neither party shall disclose any such confidential information
to any third party other than employees, agents or assistants
duly appointed in accordance with this agreement for the
proper performance of their duties.
10.
10.1
Intellectual Property
Any and all intellectual property rights that may arise by
virtue of provision of psychological services during the period
of this agreement shall belong exclusively to the Psychologist.
11.
11.1
Termination
Either party may, without prejudice to any rights or remedies
which it may have against the other party forthwith terminate
this agreement if:
i.
the other party is in breach of any material provision
of this agreement and such party has failed to remedy
that breach (if capable of remedy) within 30 days after
receiving written notice of such breach;
ii
a resolution for voluntary winding up is passed as for
dissolution, or upon the presentation of a petition for
an administration order, or winding-up and in the
case of an individual on the presentation of
bankruptcy petition or if the individual enters into any
formal or informal agreement with his creditors
(including an individual voluntary arrangement);
iii
the other party is unable to pay its debts as and when
they fall due or enters into any arrangement for the
benefit of or composition with it’s creditors; or the
other party ceases or threatens to cease to carry on its
business or a substantial part of its business.
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Independent Practice
12
12.1
12.2
12.3
12.4
Consequences of Termination
On the expiry or earlier termination of this agreement, such
expiry or termination shall be without prejudice to any of the
parties’ rights which may have already accrued.
All rights and obligations of the parties on termination or
expiry shall cease forthwith except where it is expressly stated
otherwise in this agreement.
Upon expiration or earlier termination of this agreement
each party shall promptly return to the other all tangible
information (confidential or otherwise) provided to it under
this agreement and all copies of such information.
Notwithstanding expiry or earlier termination of this
agreement this clause 12 and clause 9 shall remain in full
force and effect.
13.
13.1
Status of the Psychologist
Nothing in this agreement shall be construed as creating a
partnership or joint venture between any or all of the parties.
14.
14.1
Supersedes Prior Agreements
This agreement supersedes any prior agreement between the
parties whether written or oral and any such prior
agreements are cancelled as from the commencement date,
but without prejudice to any rights which have already
accrued to either of the parties.
15.
15.1
Whole Agreement
Each party acknowledges that this agreement and the
conditions which form part of it contain the whole
agreement between the parties and that it does not rely upon
any non-fraudulent oral or written representations made to it
by the other or its employees or agents and that it has made
its own independent investigations into all matters relevant
to it.
Guidance for Psychologists
35
16.
16.1
Notices
Any notices, correspondence or invoices required to be
served on or delivered to either parties shall be sent by prepaid first-class post or delivered personally to the address of
the relevant party shown at the head of this agreement or
sent by e-mail or facsimile transmission and shall:
i
in the case of posting be deemed to have been
received by the address two Working Days after the
date of posting; and
ii
in the case of facsimile and personal delivery shall be
deemed received on the next Working Day after
delivery or transmission respectively.
iii
in the case of e-mail be deemed to be received on the
day of sending.
17.
17.1
Waiver
The failure by either party to enforce at any time or for any
period any one or more of the terms or conditions of this
agreement shall not be a waiver of them or of the right to
subsequently enforce any term or condition of this
agreement.
18.
18.1
Variation
This agreement may not be varied except in writing signed
for and on behalf of each party.
19.
19.1
Severance
If any provision of this agreement is held by a Court or other
competent authority to be invalid or unenforceable in whole
or in part, this agreement shall continue to be valid as to its
other provisions and the remainder of the affected provisions.
20.
20.1
Counterparts
This agreement may be executed in any number of
counterparts each of which when executed and delivered
shall be an original, but all the counterparts shall constitute
one and the same document.
36
Independent Practice
21.
21.1
Disputed Fees
In the event of a dispute over any sums or fees payable under
this agreement such sums that are not in dispute shall be
payable when due, irrespective of any counter-claim that may
be alleged.
22.
22.1
Law and Jurisdiction
This agreement shall be governed by and constructed in
accordance with English law and the parties agree to submit
to the non-exclusive jurisdiction of the English courts.
Signed: ……………………………………….............................………….
Date: ……………………………………....….........................…………….
Guidance for Psychologists
37
Useful information
Independent practitioners discussion forum
The Professional Practice Board has established a independent
practitioners’ discussion forum. From very humble beginnings the
forum now has more than 400 members who engage in lively debate
on topics such as expert witness reports, tax and the inland revenue,
how to attract more referrals, and much more. Members are able to
access the full archive of discussion threads. There is a real
community spirit fostered by collegial support.
Contact ppbchair@bps.org.uk if you wish to join.
Useful Society publications
Generic Professional Practice Guidelines (2007)
Royal Charter, Statues and Rules (2007)
Statement on the Conduct of Psychologists providing Expert Psychometric
Evidence to Courts and Lawyers (2007)
Psychologists as Expert Witnesses (2010)
Guidelines for the Employment of Psychology Assistants (2007)
Code of Ethics and Conduct (2006)
Guidance on the Complaints Handling Procedure for Respondents (2007)
Division of Clinical Psychology, Faculty of Forensic Clinical Psychology,
Occasional Briefing Paper No 4, Risk Assessment and Management (2006)
Division of Forensic Psychology, Issues in Forensic Psychology, Risk
Assessment and Management (2004)
Also see the Professional Practice Board website (www.bps.org.uk/ppb)
where you can access a wide range of member resources.
38
Independent Practice
Useful websites
The British Psychological Society
www.bps.org.uk
The Professional Practice Board
www.bps.org.uk/ppb
The Psychological Testing Centre
www.psychtesting.org.uk
Continuing Professional Development
www.bps.org.uk/cpd-homepage
United Kingdom Council for Psychotherapy.
www.psychotherapy.org.uk/
British Association for Counselling and Psychotherapy
www.bacp.co.uk/
British Association of Cognitive and Psychotherapies
www.babcp.com/
Chartered Institute of Marketing
www.cim.co.uk/
Advertising Standards Agency
www.asa.org.uk
Information Commissioner’s Office
www.ico.gov.uk/for_organisations.aspx
HM Revenue and Customs
www.customs.hmrc.gov.uk/
Criminal Records Bureau
www.crb.gov.uk/
Health and Safety Executive
www.hse.gov.uk
Guidance for Psychologists
39
The British Psychological Society
St Andrews House, 48 Princess Road East, Leicester LE1 7DR, UK
Tel: 0116 254 9568 Fax: 0116 227 1314 E-mail: mail@bps.org.uk Website: www.bps.org.uk
Incorporated by Royal Charter Registered Charity No 229642
INF03/05.2010