28 October 2009
University of Leicester
College of Social Sciences
Institute of Lifelong Learning
Counselling and Psychotherapy Programme
Fitness to Practise Committee
Constitution of the Committee
Terms of Reference
1.
The terms of reference of the Counselling and Psychotherapy Programme Fitness to Practise
Committee are:
(a) To consider the cases of students of the Counselling and Psychotherapy Programme
where doubts have been raised about their fitness to practise counselling, psychotherapy,
or the supervision of counselling or psychotherapy.
Issues of fitness to practise may arise from a student’s behaviour or attitude, either
during their period of registration or before, or from an illness or disability which could
affect their practice as a counsellor, psychotherapist or supervisor.
(b) To review the procedures for making decisions on the fitness to practise of students
on the Counselling and Psychotherapy Programme and to make proposals arising from
this to the College of Social Science Academic Committee as appropriate.
(c) To maintain records of the decisions and recommendations of the Committee with
regard to individual students and report on these to the relevant Counselling Programme
Board (Undergraduate or Postgraduate), and to College Board as required.
2.
Membership
2.1
The membership of the Committee shall be:
(a)
The Head of Department of the Institute of Lifelong Learning.
(b)
The Director of the Counselling and Psychotherapy Programme.
(c) Four qualified counsellors or psychotherapists who teach on the Counselling and
Psychotherapy Programme in a salaried or part-time capacity.
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(d) Four qualified counsellors or psychotherapists who do not teach on the Counselling
and Psychotherapy Programme.
(e) Two students currently enrolled on the Counselling and Psychotherapy
Programme, who are studying different courses.
2.2
The Committee shall be chaired by the Head of Department or their nominee.
2.3 The Chair shall appoint a Secretary to the Committee who need not be a member of
the Committee.
2.4 Appointments under (c), (d) and (e) shall be made by the College of Social Science
Academic Committee on the nomination of the Head of Department.
2.5
Appointments under (c), (d) and (e) shall be for a renewable period of three years.
3.
Reporting Arrangements and Powers of the Committee
3.1 The Committee shall report to the relevant Counselling Programme Board and to the
College of Social Science Academic Committee as required.
3.2 The Committee shall have the authority to adjudicate on cases of student fitness to
practise within the Counselling and Psychotherapy Programme, subject to the Regulations
of the University of Leicester.
3.3 The Committee shall have the authority to delegate its powers of adjudication to a
Fitness to Practise Panel as described below in paragraph 3 of the Operational Procedures.
4.
Quorum
The Committee shall be quorate when attended by at least five members including the
Chair.
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Code of Practice
1.1 Students may be found to be unfit to practise as counsellors, psychotherapists or
supervisors because they are liable to cause harm to their clients or themselves, or because
they would be unable to comply with the operational requirements of the agency where
they would otherwise have placements, because they are liable to practise unethically, or
because they would be likely to bring the profession into disrepute.
1.2 Counsellors, psychotherapists and the supervisors of counsellors or psychotherapists
are expected to practise ethically according to the following principles:
(a)
Fidelity: they should honour the trust placed in them by their clients.
(b)
Autonomy: they should respect the right of their clients to make their own
decisions.
(c)
Beneficence: they should commit themselves to promoting the wellbeing of their
clients.
(d)
Non-Maleficence: they should strive to avoid any harm befalling their clients as a
result of their actions or omissions.
(e)
Justice: they should treat all their clients fairly and impartially.
A student whose conduct, attitude, illness or disability is such that they are unable to
practise in accordance with these principles is unfit to practise.
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Operational Procedures
1.
Level of Proof
1.1 Since the welfare of clients is a paramount consideration, the level of proof required by
the Committee to find a student unfit to practise for reasons related to potential harm to
clients, is on balance of probabilities.
1.2 The level of proof required by the Committee to find a student unfit to practise for
reasons related to potential harm to the student themselves, or to the operational
requirements of a counselling agency, or to bringing the profession into disrepute; is that of
certainty beyond reasonable doubt.
2.
Initial Referral and Investigation
2.1 If a member of staff has concerns about the fitness to practise of a student on the
Counselling and Psychotherapy Programme; they should report their concerns to the
Director of the Counselling and Psychotherapy Programme.
2.2 If a student is reported to the Director of the Counselling and Psychotherapy
Programme as being unfit to practise, they may appoint an Investigating Officer to
investigate the allegations. The Investigating Officer may be the Director of the Counselling
and Psychotherapy Programme themselves, or may be another member of the Fitness to
Practise Committee.
2.3 The Investigating Officer shall investigate the facts of the case, and may decide that no
further action needs to be taken and close the investigation.
2.4 If the Investigating Officer decides not to close the investigation they shall make a
report to the Secretary of the Fitness to Practise Committee, detailing all relevant factual
matters as far as possible, but without making recommendations regarding the Committee’s
final decision.
2.5 The Investigating Officer shall provide a copy of their report to the student being
investigated prior to any hearing by the Fitness to Practise Panel.
2.6 Where medical reports are considered relevant by the Investigating Officer, they shall
request the permission of the student to obtain this information.
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3.
The Fitness to Practise Panel
3.1 When a student is referred to the Fitness to Practise Committee, the Chair will
assemble a Fitness to Practise Panel containing five members of the Committee who have
had no previous contact with the student, apart from in their capacity as a member of the
Fitness to Practise Committee. The Investigating Officer will not be a member of the Panel,
and if a student member of the Committee is appointed to the Panel, they will not be
enrolled on the same course as the student being considered by the Panel.
3.2 The Chair of the Fitness to Practise Committee shall appoint a member of the Panel to
serve as its Chair, and shall also appoint a Secretary to the Panel, who need not be a member
of the Panel.
3.3 When an Investigating Officer submits a report on a student regarding their fitness to
practise; the Secretary of the Fitness to Practise Panel will inform the student of the date,
time and place of the meeting of the Panel, giving them at least seven days’ notice and
providing them with a copy of the Panel’s procedures.
3.4 The Secretary of the Panel shall invite the student to make a written submission to the
Panel, which may include supporting statements from others. The student’s submission
shall be made available to members of the Panel prior to the meeting at which their case will
be considered.
4.
Deliberations of the Fitness to Practise Panel
4.1 The student being investigated has the right to attend the meeting of the Panel at
which their case will be considered, and may be accompanied by a member of staff of the
University, a fellow student, or an employee of the Students’ Union. The name and status of
any companion must be notified to the Secretary of the Panel at least 48 hours before the
meeting. The student may also call witnesses.
4.2 If the student does not attend the meeting of the Panel, the Panel may decide at its
discretion to reschedule the meeting, or to proceed without the student being present.
4.3 If the student has refused consent for their medical information to be obtained by the
Investigating Officer, the Panel may draw whatever conclusions it sees fit from this refusal.
4.4
The Panel shall not accept anonymous evidence.
4.5
The order of proceedings of the Fitness to Practise Panel shall be as follows:
(a) The Investigating Officer shall present their report and answer questions from the
Panel.
(b) The student or their companion may present their written statement or make an
oral submission.
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(c) The Panel may hear any witnesses called by the Investigating Officer, who may be
questioned first by the Investigating Officer and then by the student or their companion.
The Panel shall have the right to ask questions at any point.
(d) The Panel may hear any witnesses called by the student, who may be questioned
first by the student or their companion, and then by the Investigating Officer. The Panel
shall have the right to ask questions at any point.
(e) During the testimony of witnesses, the Chair of the Panel shall at their discretion,
disallow any questions which are irrelevant, repetitious, or which constitute a statement
rather than a question.
(f)
Witnesses shall not normally be present at the meeting of the Panel except when
giving evidence.
(g)
The Investigating officer shall present a summary of the evidence to the Panel.
(h)
The student or their companion may present a reply.
(i)
All parties shall withdraw apart from the Panel and the Secretary.
(j)
The Panel will deliberate in private and will convey its findings to the student in
writing as soon as possible, with a brief summary of the reasons for the Panel’s decision.
(k) Decisions of the Panel shall be unanimous if this is possible, but if the Chair
concludes that a unanimous decision is not possible, the decision shall be taken by a
majority vote.
The Chair of the Fitness to Practise Panel may vary the order of proceedings if there is a
good reason to do so, subject to ensuring that the principles of Natural Justice are seen to be
followed.
Outcomes of the Fitness to Practise Panel
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The Fitness to Practise Panel may decide on one or more of the following outcomes:
(a)
To take no further action.
(b) To warn the student that their behaviour or attitude is not that expected from a
practising counsellor, psychotherapist or supervisor, and to request that they make
appropriate changes.
(c) To require an undertaking from the student as to their future conduct if a more
severe penalty is to be avoided.
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(d) To require specific actions from the student within a specific time if a more severe
penalty is to be avoided. These could, for example, involve making an apology for
unethical conduct, or writing an essay to show their improved understanding of ethical
issues.
(e) To temporarily prevent the student from going on placement, either for a specific
time or until conditions imposed by the Panel have been met.
(f)
To recommend that the student be prevented from going on placement.
(g) To recommend that the student be suspended pending a further meeting of the
Panel to consider their case.
(h)
To recommend that the student be withdrawn from the course.
(i)
To recommend that the student be denied the award of qualifications that they
would otherwise have obtained.
Appeals
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The decision of the Fitness to Practise Panel shall be final, except where the decision is to
recommend that the student be prevented from going on placement, to terminate the
student’s studies, or to deny the student a qualification. In such cases the Secretary of the
Fitness to Practise Committee shall notify the student that they have the right to a review by
a Fitness to Practise Appeals Committee, and shall inform them of the procedure for making
such appeals.
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Appeals Committee
7.1 the Fitness to Practise Appeals Committee shall be appointed by the Vice-Chancellor
as the need arises, and shall consist of a Pro-Vice-Chancellor and a senior practising
counsellor or psychotherapist not on the salaried or honorary staff of the University and not
otherwise associated with the case. The Committee will review all the relevant paperwork
and will interview:
(a) The student, who may be accompanied by a member of the University of their own
choosing;
(b)
A representative of the Fitness to Practise Panel that considered the case;
(c)
Such other parties as the Committee feels are necessary.
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7.2
If the Appeals Committee concludes that there is a case for rescinding the decision of
the Fitness to Practise Panel, the case will be referred for re-examination by a panel of the
Fitness to Practise Committee, consisting of members not previously associated with the
case. Their decision shall be final, and the student will be sent a completion of procedures
letter and details about the Office of the Independent Adjudicator.
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