Conflicts of interest

a. BABCP/AREBT will, so far as possible, ensure that Panel members have had no prior involvement in the complaint. Every effort will be made to ensure that Panel members have no actual or perceived conflicts of interest with the Complainant or the Member.

b. A conflict of interest arises when a Panel member’s personal or professional interests compete, or appear to compete, with their duty to act impartially. This includes:

i. A direct financial, personal, or professional relationship with the Complainant, the Member, or the witnesses (e.g., close friendship, shared business interest, recent supervision relationship).

ii. A situation where a fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the Panel member was biased, even if no actual bias exists.

c. The identities of the Member, Complainant, and any relevant participants will be disclosed to members of the Screening Panel, Interim Orders Panel, Emergency Suspension Panel, Hearing/Health Panel, Appeal Panel, and Restoration Panel. This is essential to allow Panel members to perform a robust conflict of interest check, assess risk, and make a fair assessment of the evidence.

d. Where a complaint is referred to a Hearing/Health Panel, identities will not normally be anonymised to the Panel or the Member. This ensures Panel members can identify any professional or personal connections with the parties or witnesses, and allows the Member a fair opportunity to respond to the evidence. Exceptions regarding the privacy of vulnerable witnesses (such as withholding names from the public domain or implementing special measures for giving evidence) will be managed in accordance with Section 26.

e. If a Panel member has a direct personal or professional link to a party, or if there is any circumstance that might lead a fair-minded observer to perceive a possibility of bias, they must disclose the matter to the Complaints and Resolution Manager immediately in accordance with BABCP’s Conflict of Interest Policy.

f. If a conflict of interest becomes apparent before a Panel meeting or hearing, upon receiving a relevant disclosure, the Complaints and Resolution Manager will determine whether the Panel member must step down. If they must be replaced, a new member will be appointed from the approved pool. The Legal Assessor may also provide guidance on whether a specific connection constitutes a disqualifying conflict.

g. If a conflict of interest becomes apparent during a Panel, the Panel member must immediately disclose the nature of the conflict to the Chair. The Panel, with guidance from the Legal Assessor, will determine whether the Member must withdraw to protect the fairness and integrity of the proceedings.

h. If a member withdraws and a replacement can be appointed without unfairness to the parties, the Panel may proceed. If the Panel becomes inquorate (fewer than three members), the Panel will normally be adjourned. The case will be referred back to the Complaints and Resolution Manager, who will appoint a replacement Panel member from the approved pool. The reconstituted Panel will determine whether the matter should be reheard in whole or in part.