Panels

a. The following Panels are responsible for exercising decision-making functions at different points within the Procedure:

i. The Screening Panel, which applies the Realistic Prospect Test and determines whether a complaint should be referred to a Hearing/Health Panel, in accordance with section 18;

ii. The Interim Orders Panel, which determines applications for Interim Orders in accordance with section 22 and may impose or review Interim Orders under section 21 pending the determination of a complaint;

iii. The Emergency Suspension Panel, which may impose an Emergency Suspension Order, in accordance with section 23, where any delay in imposing interim restrictions would pose an immediate risk to public protection, any beneficiary of BABCP, or the Member;

iv. The Hearing/Health Panel, which makes findings of fact applying the “balance of probabilities” test (more likely than not), determines whether the Standards have been breached, and decides on the appropriate outcome or sanction in accordance with section 33;

v. The Appeal Panel, which considers appeals against decisions made under the Procedure in accordance with section 37;

vi. The Restoration Panel, which considers applications for restoration to the CBT Register and/or BABCP membership, in accordance with section 38.

b. Each Panel will consist of three people: a Lay Chair, one accredited/registered BABCP or AREBT member (as appropriate), and one additional lay panel member or BABCP/AREBT Member. Clinical expertise will be provided by the professional member, supported where necessary by an expert witness or a co-opted individual with specific expertise. The Legal Assessor will provide guidance on procedural and legal matters. The Lay Chair is responsible for the orderly conduct of the Panel and for reviewing and approving the accuracy of the final minutes on behalf of the Panel.

c. In cases concerning REBT interventions or involving a sole accredited AREBT member, at least one Panel member must hold AREBT accreditation. In all cases concerning BABCP members, at least one Panel member must be an accredited or registered BABCP member. The Emergency Suspension Panel follows the specific structure set out in section 22.

d. If the Screening Panel identifies any specific clinical specialisms required for the Hearing/Health Panel stage, it may recommend that the Complaints and Resolution Manager co-opt individuals with relevant expertise or instruct expert witnesses to assist the Panel.

e. Members of each Panel will be drawn from a pool of appropriately qualified and experienced individuals. All Panel members should receive appropriate training to enable them to carry out their functions under this Procedure effectively and to understand the balance of probabilities (more likely than not) standard. Individuals eligible to sit on Panels include:

i. Members of BABCP/AREBT, provided they are of good standing, with no pending conduct, performance or ethical concerns;

ii. Lay people who are of good standing and have relevant experience in law, ethics and/or social care or health professions: and

iii. Lay people who are of good standing and have used psychological therapy or mental health services, or have experience of representing and speaking on behalf of clients, patients or service users who have accessed psychological therapy or mental health services.

f. The Complaints and Resolution Manager will decide the composition of each Panel having regard to the topic under consideration and subject to the requirements of section 5(b). The Complaints and Resolution Manager will also determine whether the third Panel member is to be a BABCP/AREBT Member or a lay person.

g. All Panel members must, in carrying out their functions, uphold the Seven Principles of Public Life (the Nolan Principles): selflessness, integrity, objectivity, accountability, openness, honesty and leadership.

h. A Legal Clerk will act as the minute-taker for every Panel meeting or hearing and will ensure that an accurate record of the proceedings is maintained in accordance with section 39.

i. All Panels will be supported by a Legal Assessor (a legally qualified person). The Legal Assessor’s role will be to provide guidance to the Panel on the application of this Procedure and to explain the process to the parties.

j. Under its commitment to Equity, Equality, Diversity and Inclusion, BABCP recognises the benefits of virtual Panels, including reduced travel and childcare costs and greater accessibility. Therefore, BABCP supports the use of virtual meetings wherever possible, but will consider a request from a Complainant who wishes to have an in-person hearing.

k. The Screening Panel and Emergency Suspension Panel consider cases based on written evidence only, and neither the Member nor the Complainant attends these meetings. Members are permitted to attend the Interim Suspension or Hearing/Health Panels, and may be required to attend Appeal or Restoration Panels. Complainants do not attend Panel meetings except for the Hearing/Health Panel (where they may attend as an observer, unless excluded, or be called as a witness), or where their attendance is requested by the Appeal Panel. Reasonable adjustments will be made to support effective participation for all parties, in accordance with applicable equality and anti-discrimination legislation across the UK and the Republic of Ireland.

l. Panels will reach decisions by simple majority (normally at least two out of three) and must provide clear and reasoned decisions to ensure transparency, consistency, and fairness. Where findings of fact are required, the balance of probabilities (more likely than not) standard will apply.