Section 10: Repeated complaints
a. The outcomes complaints made under the Procedure, including any appeal decisions, are final and will not normally be reopened except in accordance with this section.
b. Where a Complainant seeks to reopen a complaint that was previously determined, they must notify BABCP either by telephone on 0330 320 0851, by emailing complaints@babcp.com, or by post to Complaints and Resolution Team, British Association for Behavioural and Cognitive Psychotherapies (BABCP), Imperial House, Hornby Street, Bury, Greater Manchester, BL9 5BN; and:
i. Provide reference details for the complaint previously considered, where possible;
ii. Identify what evidence is new (for example, evidence that has not previously been considered) and provide copies of any relevant new evidence (including written correspondence, audio and/or visual media);
iii. Explain why the new evidence could not reasonably have been obtained when the original complaint was considered;
iv. Explain why, in light of the new evidence, the previous decision should be reconsidered; and
v. Explain what outcome or remedy is being sought in light of the new evidence.
c. Complaints will only be reopened where there is new substantial evidence which was not reasonably available at the time the original complaint was determined, which could have had a material effect on the previous decision. The Complaints and Resolution Manager will determine whether this threshold has been met, having regard to the previous findings and the new evidence. Before making a decision, the Complaints and Resolution Manager may seek further information from the Complainant or the Member.
i. If the Complaints and Resolution Manager decides that there is no new substantial evidence, or that the new evidence would not have a material effect on the previous decision, the complaint will remain closed. The Complaints and Resolution Manager must provide written reasons for their decision.
ii. If the Complaints and Resolution Manager decides that there is new substantial evidence which meets this threshold, they may reopen all or part of the complaint.
d. The Complaints and Resolution Manager may also decide whether to reopen a complaint under this section of their own initiative where new substantial evidence is brought to their attention.
e. Where all or part of a complaint is reopened under this section, the Complaints and Resolution Manager must provide written reasons for the decision to reopen the complaint. The Complaints and Resolution Manager must notify the Complainant of the decision and notify the Member in accordance with section 15. The reopened complaint must then be referred to the Screening Panel in accordance with section 18. The Screening Panel will be limited to reviewing the new substantial evidence and will not normally revisit previous decisions or findings of fact unless that evidence materially undermines those findings.