Hearing/Health Panel – Parties, panel and timetable

a. The Screening Panel under section 18, may refer a complaint to a Hearing/Health Panel. The Hearing/Health Panel determines all allegations relating to alleged breaches of the Standards by Members (including allegations relating to misconduct and allegations relating to lack of competence arising from health concerns).

b. The parties to the hearing will be BABCP and the Member. The case will be presented by BABCP.

c. The Complaints and Resolution Manager may appoint a Presenting Officer to present the case for BABCP.

d. The Complainant may attend the hearing unless excluded by the Hearing/Health Panel in accordance with section 25. The Complainant may also be called as a witness by the Presenting Officer, provided the requirements of section 29 have been met.

e. The Complaints and Resolution Manager will identify the proposed members of the Hearing/Health Panel from the approved pool referred to in section 5.

f. The Complaints and Resolution Manager will provide the Hearing/Health Panel with an unredacted copy of all material considered by the Screening Panel, together with the relevant decision and the reasons for it.

g. The Complaints and Resolution Manager will give the Member and the Complainant not less than 56 calendar days’ notice of the hearing, which must include:

i. The date, time and expected duration of the hearing;

ii. The method by which the hearing will take place (i.e. virtual, or if approved under section 26, physical or hybrid); and

iii. A statement of case from BABCP setting out the allegations (namely the factual allegations and the alleged breaches of Standards).

h. No later than 28 calendar days before the date of the hearing, the Member must respond to the statement of case, indicating as far as reasonably practicable:

i. Which facts in the Statement of Case are admitted and which facts are disputed;

ii. Whether they admit or deny that they have breached the Standards;

iii. Whether they intend to call any witnesses to speak at the hearing, and if so, their names;

iv. Copies of any documents they wish to rely on as evidence;

v. Whether they will be legally represented, and if so their representative’s name(s);

vi. Whether anyone will be in attendance to provide support, and their name(s); and

vii. Any reasonable adjustments necessary to support their effective participation.

i. No later than 21 calendar days before the date of hearing, the Presenting Officer and Member must communicate in writing which witness statements are agreed to be admitted into evidence without the witness attending the hearing, and which witnesses they intend to call to give evidence at the hearing.

j. No later than 14 calendar days before the date of the hearing, the parties should seek to agree a single shared file of written evidence for the Hearing/Health Panel. If a shared file cannot be agreed, each party must provide their own evidence file to the Complaints and Resolution Manager.

k. The Complaints and Resolution Manager will provide the Hearing/Health Panel, the Legal Assessor, the Presenting Officer and the Member with online joining instructions or, where applicable, details of the physical hearing venue, together with copies of the evidence file(s), no later than 7 calendar days before the hearing.

l. All of these deadlines can be extended where the Complaints and Resolution Manager considers it reasonable to do so. 

m. At any point before the determination of the facts by the Hearing/Health Panel, the Presenting Officer may amend or discontinue any allegation where this is supported by the evidence available to the BABCP. The reasons for any amendment or discontinuance must be set out in writing. The Member must be provided with a reasonable opportunity to respond.

n. Where the Presenting Officer seeks to discontinue any or all of the allegations, the Hearing/Health Panel may consider the request in writing or at a hearing. The Hearing/Health Panel will determine whether to approve the discontinuance, having regard to the need to protect the public, maintain public confidence in the profession, and uphold professional standards. The Hearing/Health Panel may approve the discontinuance, reject the request and direct that the matter proceed to a full hearing, or make such other directions as it considers appropriate.

o. The Hearing/Health Panel may not make a finding in relation to an allegation that was not identified in the Statement of Case unless the Member has been given notice of the proposed additional Standard and a reasonable opportunity to respond.

p. Cases will normally be decided after oral hearings at which the parties can make submissions, provide evidence, and call witnesses. Where the Hearing/Health Panel considers it reasonable and proportionate, and the parties agree, cases may also be decided:

i. After hearings at which the evidence is presented in the form of written submissions only, with the parties’ oral contributions limited to answering questions from the Panel on those submissions; or

ii. Based on written evidence and written submissions only. This may be appropriate where the Member admits the allegations and the identified breaches of the Standards and wishes to make representations regarding their admissions, suitability to remain on the CBT Register or as a Member, or any sanction.