UK COUNCIL FOR PSYCHOTHERAPY DECISIONS BY ANOTHER PROFESSIONAL BODY FOR ORGANISATIONS SIGNED UP TO THE COMPLAINTS AND CONDUCT PROCESS Policy Statement 1. Where a decision has been made in relation to the fitness to practice, competence or health of a UKCP member by another professional body, UKCP has a responsibility to protect the public, the profession and the individual member by ensuring appropriate consideration is given to that decision. 2. This document sets out the UK Council for Psychotherapy’s process for considering decisions made by other professional bodies against UKCP registered psychotherapists and psychotherapeutic counsellors. This policy has been considered and approved by the Ethics Committee and Professional Conduct Committee for use from 20 June 2013. Decisions By Another Professional Body 3. Many UKCP members belong to one or more professional bodies and may therefore be subject to other complaint procedures. As an example, many of our members are employees of the National Health Service, and others may hold BACP, BPS, and National Hypnotherapy Society membership. In such cases, members may be subject to the disciplinary and complaints procedures of these groups in conjunction with those of UKCP. Key Principles 4. UKCP is committed to transparency and openness in relation to its policies, processes and procedures. 5. UKCP seeks to act consistently in reviewing complaints upheld against UKCP members by other professional bodies. Decisions made will be proportionate, fair and in the public interest. Legal Framework 6. UKCP is membership organisation which holds a national register of psychotherapists and psychotherapeutic counsellors. UKCP is not a statutory body and membership of the organisation is voluntary. 7. UKCP exists to promote and maintain the profession of psychotherapy and psychotherapeutic counselling, including the promotion of high standards of education, training and practice. Organisational Members are asked to confirm upon application that registration with UKCP permits UKCP to challenge member’s practice and conduct in accordance with UKCP’s complaints framework. 8. UKCP aims to ensure that members are fit to practise and that public confidence in the profession of psychotherapy is maintained. In order to achieve this, UKCP investigates complaints and concerns raised against members that indicate their fitness to practise may be impaired. 1 The UKCP Ethical Principles and Code of Professional Conduct apply equally to all UKCP members. In the spirit of professional integrity and in accordance with rule 10, “The psychotherapist commits to report potential breaches of this Ethical Principles and Code of Professional Conduct by themselves or by other psychotherapists to the relevant organisational member or UKCP”. 9. UKCP is currently transitioning its Organisational Members (OM) to a centralised complaints process launched in December 2012 (the UKCP Complaints and Conduct Process). All direct registrants of UKCP are subject to this process, as are the members of all OM’s that have signed a Memorandum of Understanding agreeing to abide by the process. 10. All members of an OM that has not yet signed up for the Complaints and Conduct Process remain subject to the complaints process of the individual OM, and UKCP’s process for addressing decisions by another professional body is set out in the accompanying document entitled “Decisions by another Professional Body for organisational members not signed up to the Complaints and Conduct Process”. Procedure 11. If concerns have been investigated regarding a members’ fitness to practice, health, or competence, members must notify UKCP in writing within 28 days of the outcome being finalised if: a. They have been disciplined by another professional body or member organisation responsible for regulating or licensing the health or social care profession; or b. They have been suspended or their practice has been restricted by an employer or similar organisation. 12. UKCP can be notified of a decision made by another professional body in the following ways. Notification should be in written form with a copy of the decision enclosed: a. As per the above clause, a declaration by the concerned UKCP member; b. By the complainant who initially informed the other professional body; and/or c. By a member of the other professional body who made the decision against the UKCP member. 13. As per clause 3.2 of the Complaints and Conduct Process, UKCP may consider a decision by another professional body to be evidence that a member’s fitness to practice is impaired or that their conduct has been unethical. 14. All necessary information relating to the decision should be collected by UKCP. This may include contacting the other professional body for information regarding their investigation. 15. In considering the decision by the other professional body UKCP must apply the relevant UKCP Ethical Principles, Code of Professional Conduct, and Complaints and Conduct Process documents that the registrant was subject to at the time the alleged conduct took place. 16. The matter will then be referred to the Professional Conduct Committee (PCC) to determine whether the allegations are in relation to fitness to practise or unethical behaviour and advise on the most appropriate action. In accordance with clause 3.5 of the Complaints and Conduct 2 Process, the PCC may impose an immediate Interim Suspension Order until a final decision is reached if it is in the public interest to do so. Preliminary Enquiry Committee 17. Except in the case of serious professional misconduct, the matter will be referred to a Preliminary Enquiry Committee (PEC) to make a decision on the allegations raised in the initial complaint and the decision reached by the other professional body. 18. If the matter is referred to a PEC, both the complainant (if known) and the member should be given written notice at least 28 days prior to the hearing. All parties should be asked to provide any additional documents they would like considered by the PEC at least 14 days before the hearing. The member should also be given the opportunity to provide a final written statement addressing the allegations. 19. The PEC is not a public hearing and neither the complainant nor member is required to attend to give submissions on the day. All associated evidence will be compiled by UKCP and provided to the PEC 14 days prior to the hearing and will be used by the PEC in order to make a judgement on the case. 20. The powers of the PEC are set out in section 8 of the Complaints and Conduct Process. The PEC will consider the allegations and the decision made by the other professional body in line with the UKCP Complaints and Conduct Process and may choose to impose a sanction/s on the member as outlined in section 8.9 of the Complaints and Conduct Process. 21. The PEC will provide all parties with a written statement of reasons for the decisions made within 14 days of the conclusion of proceedings. Adjudication Panel 22. If the PCC determine that the allegations against the member may result in their removal from the UKCP register, or if the member has been removed from the register of another professional body, the case may be referred to an Adjudication Panel. The full process for an Adjudication Panel hearing is set out in section 9 of the Complaints and Conduct Process. 23. The member and the complainant (if known) are required to attend a public hearing and will be offered an opportunity to present their case. The Adjudication Panel will consider the allegations and the decision made by the other professional body in line with the UKCP Complaints and Conduct Process and may choose to impose a sanction/s on the member as outlined in section 9.31 of the Complaints and Conduct Process. 24. The Adjudication Panel will provide all parties with a written statement of reasons for the decisions made within 14 days of the conclusion of proceedings. 3 Version 1.0 Ratified 20 June 2013