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Professional Conduct Review Committee

Objective of the Professional Complaints Review Committee

The objective of the Professional Complaints Review Committee (“PCRC”) is to carry out its functions in accordance with the requirements of the maintaining of professional standard by registered Practitioners, including the handling of complaints raised by service users, member of the public or other Practitioners.

The PCRC reports into The Athena Herd Foundation’s Executive Committee

Constitution

The PCRC will consist of no less than three people, at least one of whom is a senior member of the Athena Herd Foundation team, and at least one of whom will be a lay person. The PCRC may convene by meeting in person and/or by remote means.

The quorum for the PCRC will be three members.

Functions of the Committee and the Proceedings test

The primary functions of the PCRC are as follows:

  • Determining whether the professional standards are being complied with when requested to do so by the Registrar.
  • Seeking further information or clarification from either party to a complaint as it considers appropriate in accordance with the obligation to objectively assess.
  • Deciding whether the conditions of a “proceedings test” are met or whether a complaint should be dismissed, the tests being:
    1. the facts alleged would (if proven) amount to a failure to meet professional standards; and
    2. there is a realistic prospect that facts justifying a finding of such a failure will be proved; and
  • Where it finds that the proceedings test is met, set out the formal allegations against the Practitioner, determining whether allegations are allegations of professional misconduct and poor practice
  • Deciding whether to impose an interim suspension on a Practitioner
  • Reviewing an interim suspension and lift the suspension following review, if appropriate.
  • Considering and determining whether a complaint should be disposed of by means of consensual disposal.
  • Deciding upon, and imposing sanctions on the Practitioner as part of a consensual disposal agreement.

Decision Making

The PCRC will consider each case on its individual facts and discuss any issues that are raised and make decisions on a majority basis. In doing so the PCRC needs to consider objectively the facts and representations in light of the ethical codes/ethical frameworks in effect during the period/s of membership of the Practitioner at the time/s when the alleged breaches alleged took place.

All decisions will signed by a designated member of the PCRC and reported periodically to Athena Herd Foundation Executive Committee.

All decisions reached by the PCRC will align to the conditions will align to the conditions of the Malpractice and Maladministration Policy and any subsequent recommended actions in-line with the Sanctions Policy.

Where appropriate, decisions will be published in accordance with the Register’s Professional Conduct Notices conditions.

Applying the proceedings test

In applying the proceedings test (outlined above) the PCRC will first consider the facts alleged and consider whether those facts if proved would amount to a failure to meet the professional standards. If the PCRC decides that they would not, the proceedings test is not met. It will also consider whether there is a realistic prospect that facts justifying a finding of such a failure will be proved.

The PCRC should take into account the Practitioner’s explanations and representations. A realistic prospect of a finding of misconduct means that it is more likely than not to make a finding of a failure to meet the professional standards against the Practitioner.

The onus is on the Complainant to prove their case and not on the Practitioner complained against to disprove the case. It is not the role of the PCRC to resolve substantial conflicts in the available evidence such as deciding which of a number of differing versions of events is the correct one.

The PCRC must consider whether the complaint should be dealt with by way of the disciplinary Hearing or practice review, taking account of the wider public interest including the protection of the public and the need to maintain public confidence in the counselling professions.

The PCRC should only continue allegations that meet the proceedings test.

Accepting complaints out of time

When considering whether or not to accept a complaint out of time subject to written explanation,. We must receive complaints within one month of the event you’re complaining about, unless there are good reasons why it has taken longer.

The PCRC will consider the written explanation provided and decide as a preliminary issue, whether or not the time period for submitting the complaint should be extended.

What constitutes a ‘good and sufficient’ reason shall be solely at the discretion of the PCRC which may take advice from any person as it deems appropriate.

All written explanations will form part of the complaint submission and will be available to the Practitioner concerned.

Review and Standardisation

The PCRC shall also on a periodic basis review and report on the standardisation of process applied in the handling of service user complaints. Similarly to the sanctions applied to Practitioners. Where appropriate we will also engage independent assessors to provide impartial insight and opinions in support of such reviews. 

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