Hearing/Health Panel outcomes

a. The Hearing/Health Panel will consider the evidence and submissions of the parties and will determine the following matters:

i. Any admitted facts;

ii. Any disputed facts;

iii. Whether, in light of any admitted facts and the Panel’s findings on disputed facts, the allegations have been substantiated;

iv. Whether the substantiated allegations constitute a breach of the Standards; and

v. If a breach is established, the appropriate outcome of the complaint and any sanction to be imposed in accordance with section 32.

b. Where the Hearing/Health Panel determines that the allegations are not substantiated, or that substantiated allegations do not amount to a breach of the Standards, the complaint will be dismissed.

c. Where the Hearing/Health Panel determines that a breach of the Standards has been established, it will determine the appropriate outcome and any sanction to be imposed in accordance with section 32. Before determining the appropriate outcome and any sanction, the Hearing/Health Panel may invite further representations from the Presenting Officer and the Member.  

d. In determining the appropriate outcome and any sanction, the Hearing/Health Panel will consider all relevant circumstances, including:

i. The extent of any actual or potential harm caused to the Complainant (or any other person), and whether the Member knew or ought reasonably to have known that their actions posed such a risk of such harm;

ii. The Member’s level of insight and accountability, including whether they admitted the relevant facts, acknowledged their failings, and demonstrated genuine remorse;

iii. Whether the breach is capable of remediation and the extent to which the Member has already taken demonstrable steps to remedy the issue, including through training, supervision, treatment, or changes to their practice;

iv. The Member’s previous professional and disciplinary history, and whether there is a risk of repetition;

v. Whether the Member’s fitness to practise is impaired by a physical or mental health condition, and the extent to which they have demonstrated the willingness and ability to manage that condition safely; and

vi. Whether restrictions, conditions, or other measures are necessary to protect the public, maintain public confidence in the profession and BABCP, and/or uphold professional standards.

e. Some complaints are so serious that, if substantiated, they are likely to result in a finding that the Member is unsuitable to remain on the CBT Register or as a Member without restrictions or conditions. Examples include (see Appendix 1, ‘Serious Cases’):

i. Dishonesty;

ii. Discrimination involving a protected characteristic;

iii. Abuse of professional position;

iv. Sexual misconduct;

v. Sexual abuse of children;

vi. Criminal cautions, convictions and sentences;

vii. Being placed on the sex offenders register;

viii. Inclusion on a statutory barring list;

ix. Offences related to indecent images of children; and

x. Violence.

f. Where the Hearing/Health Panel determines that a breach of the Standards has been established but that the Member is suitable to remain on the CBT Register or as a Member without restrictions or conditions, it may:

i. Determine that no further sanction is required;

ii. Issue a Letter of Guidance or Warning in accordance with section 19; or

g. Where the Hearing/Health Panel considers that a sanction is required, it will determine the appropriate sanction in accordance with section 32.

h. The Hearing/Health Panel must give reasons for its decision and notify the Complainant and the Member of its decision, any outcome or sanction imposed, and any right of appeal.

i. Decisions of a Hearing/Health Panel may be appealed in accordance with section 36.

j. The Hearing/Health Panel will aim to determine the complaint within 12 months of its referral by the Screening Panel, where reasonably practicable having regard to the circumstances of the case.