Interim Orders

a. A complaint may be referred to the Interim Orders Panel by the Screening Panel, the Complaints and Resolution Manager, or following a determination by the Emergency Suspension Panel. An Interim Suspension Order, or an Interim Conditions Order (together “Interim Orders”) may be sought at any stage of this Procedure, from the point at which a complaint is first received until the implementation of any final outcome or sanction.

b. Where the Screening Panel considers that it is necessary for an Interim Order to be imposed whilst the outcome of a complaint against a Member is being determined, it must notify the Complaints and Resolution Manager, setting out the reasons why an Interim Suspension Order is considered necessary. The Complaints and Resolution Manager will then refer the complaint to an Interim Orders Panel.

c. Where the Complaints and Resolution Manager refers a complaint to the Interim Orders Panel, they must notify the Member in writing. The Complaints and Resolution Manager must also inform the Member of the basis on which an Interim Order is considered necessary, and give the Member a reasonable opportunity to make written submissions and/or attend before the Interim Orders Panel to make oral submissions.

d. An Interim Suspension Order may be considered necessary where information or evidence is received which gives rise to serious concerns, including but not limited to the following circumstances:

i. The concerns relate to a serious case as defined in Appendix 1;

ii. The Member is under police investigation, has received a caution, has been charged with, or has been convicted of, a serious offence;

iii. The Member has been expelled, suspended, or made subject to restrictions or conditions by another PSA-accredited register, statutory regulator, employer, or other competent authority;

iv. Concerns are raised that a physical or mental health condition is having a severe adverse impact on the Member’s ability to practise and/or poses a risk to service users, and the Member is not taking appropriate medical leave from practice;

v. The Member has failed to comply with a sanction imposed by BABCP under this Procedure.

e. Before imposing an Interim Suspension Order, the Interim Orders Panel must be satisfied that the order is necessary and proportionate. In doing so, it must balance the interests of the public and the Member and assess:

i. Whether, by virtue of the alleged breach of the Standards, allowing the Member to continue to practise without restrictions or conditions would place the public or the Member at risk;

ii. The seriousness of that risk;

iii. Whether an Interim Conditions Order would be sufficient to manage the risk; and

iv. Whether allowing the Member to continue to practise without restrictions or conditions would undermine public confidence in the profession, or the need to uphold professional standards.

f. The Interim Orders Panel must also weight the likely impact of the suspension on the Member, including any financial impacts, and consider whether those consequences are disproportionate to the risk it is seeking to address.

g. Where the Interim Orders Panel considers it necessary for the Member to be suspended from the CBT Register and/or membership whilst the outcome of a complaint against them is being determined, it may impose an Interim Suspension Order for a period of up to 18 months.

h. Where an Interim Suspension Order is imposed, the Interim Orders Panel must notify the Complaints and Resolution Manager of the order, its duration, and the reasons for imposing it. Where the order suspends a Registrant, their entry on the CBT Register will be updated to show that their accreditation and/or registration has been suspended pending the resolution of the complaint.

i. Where the Interim Orders Panel determines that an Interim Suspension Order is not necessary or proportionate whilst the outcome of a complaint is being determined, and there is no ongoing risk, it may impose an Interim Conditions Order, or determine that no interim order is required.

j. The Interim Orders Panel may impose an Interim Conditions Order where:

i. It has been asked to impose an Interim Conditions Order (in accordance with 21(a) above); or

ii. It has been asked to impose an Interim Suspension Order, and has concluded that doing so is not necessary or proportionate, but that there remains a risk that requires management.

k. An Interim Conditions Order may only be imposed where it is necessary and proportionate to protect the public, maintain public confidence in the profession, and/or uphold professional standards whilst the underlying allegations are being determined.

l. An Interim Conditions Order may include any condition or restriction that is reasonable, proportionate, and necessary to manage the identified risk. Such conditions or restrictions may include measures similar to those available under section 32 of this Procedure, such as a requirement for additional clinical supervision, restricting a Member from working with specific client groups, or restricting them from performing certain duties.

m. Where an Interim Conditions Order is imposed, the Complaints and Resolution Manager must notify the Member in writing of:

i. The decision to impose the Order;

ii. The specific conditions or restrictions imposed;

iii. The duration of the Order; and

iv. The reasons for imposing the Order.

n. Where a Registrant is made subject to an Interim Conditions Order, their entry on the CBT Register will be updated to show that their accreditation and/or registration is subject to interim conditions or restriction pending resolution of the complaint.

o. The Interim Order will be published in accordance with section 40.