Restoration to the CBT Register and/or BABCP Membership

Section 37: Restoration to the CBT Register and/or BABCP Membership

a. This section applies where a Member has been expelled from the CBT Register and/or BABCP Membership and subsequently seeks restoration. It does not apply where a suspension sanction has been imposed.

b. An individual who has been expelled from the CBT Register and/or BABCP Membership and wishes to be restored must make an application for restoration and pay the appropriate fee.

c. Following expulsion, an application for restoration may not normally be made until at least 24 months have passed from the date the expulsion came into force. However, having regard to the seriousness of the conduct, the Hearing/Health Panel imposing the expulsion sanction may direct that no application for restoration may be made before the expiry of a longer specified period.

d. A former Member may not make more than one application for restoration within any period of 12 months. Applications for restoration will first be reviewed by the Complaints and Resolution Manager to determine whether the requirements of this Procedure have been met and, if so, will be referred to the Restoration Panel for determination. Where two or more applications for restoration are refused, the Restoration Panel may direct that the applicant may not make any further application for restoration without the permission of the Restoration Panel. Where such a direction is made, the applicant may apply for the direction to be reviewed three years after it was imposed, and at three-year intervals thereafter.

e. Applications for restoration will be determined by a Restoration Panel. The procedure to be followed will be determined by the Chair of the Restoration Panel, subject to the requirements of this Procedure. Restoration hearings will normally be conducted in private and may take place in person, virtually, or by hybrid means, as determined by the Chair, having regard to the principles set out in sections 25–27. The Restoration Panel may give procedural directions and require the production of documents or the attendance of the applicant, witnesses, or any other person where it considers this appropriate and proportionate.

f. In restoration proceedings, the burden of proof rests with the applicant. The applicant must satisfy the Restoration Panel, on the balance of probabilities (more likely than not), that they meet the requirements for restoration to the CBT Register and/or BABCP Membership. The applicant will normally present their case first, in writing and/or orally, followed by questions from the Restoration Panel.

g. The Restoration Panel may only grant an application for restoration where it is satisfied that the applicant is suitable to return to the CBT Register and/or regain BABCP Membership, having regard to the need to protect the public, maintain public confidence in the profession, and uphold professional standards.

h. In determining whether the applicant is suitable to return to the CBT Register and/or regain BABCP Membership, the Restoration Panel must consider:

i. The matters that led to the applicant’s expulsion from the CBT Register and/or BABCP Membership and the reasons given by the Hearing/Health Panel for imposing that sanction. The Restoration Panel may not reopen or reconsider the original findings or sanction;

ii. Whether the applicant has demonstrated sufficient insight, accountability, and remediation in relation to the matters that led to their expulsion, including how those concerns have been addressed, the steps taken to remediate them, and the extent to which the risk of repetition has been reduced;

iii. Whether the applicant is a fit and proper person to return to practise and/or regain BABCP Membership;

iv. Whether the applicant has complied with any applicable BABCP Return to Practice requirements (for example, Return to Practice for CBT Practitioners, Return to Practice for Wellbeing Practitioners);

v. Any professional reference, report, or other evidence supporting restoration;

vi. Any remedial, rehabilitative, educational, professional, or other relevant steps taken by the applicant since expulsion; and

vii. Any steps taken by the applicant to maintain or update their professional knowledge and skills.

i. Where the Restoration Panel grants an application for restoration, it may do so unconditionally or subject to conditions, including:

i. Completion of any education, supervision, training, assessment, or return to practice requirements;

ii. Provision of additional reports or references from an appropriate Clinical Supervisor or other relevant professional; or

iii. Any other condition considered necessary to protect the public, maintain public confidence in the profession, or uphold professional standards.

j. Any conditions imposed must be clear, proportionate, measurable, enforceable, and capable of being monitored effectively. Conditions may be reviewed at intervals determined by the Restoration Panel and may be extended where necessary to protect the public, maintain public confidence in the profession, or uphold professional standards. Failure to comply with any condition may result in further action in accordance with section 34.

k. Where restoration to the CBT Register is granted, the Restoration Order must be sent to the BABCP Registrar, who will amend or annotate the CBT Register as appropriate. The Restoration Order will only take effect once the applicant has:

i. Provided the BABCP Registrar with the information and declarations required of any applicant seeking admission to the CBT Register;

ii. Satisfied the BABCP Registrar that appropriate indemnity arrangements are or will be in force;

iii. Paid the prescribed restoration fee; and

iv. Complied with any applicable return to practice requirements or conditions imposed by the Restoration Panel.

l. The Restoration Panel must inform applicants of their right of appeal in accordance with section 36. An applicant may appeal where the Restoration Panel:

i. Refuses an application for restoration and the applicant wishes to challenge the decision in accordance with section 36;

ii. Grants restoration subject to conditions which the applicant wishes to challenge; or

iii. Directs that no further restoration application may be made without the permission of the Restoration Panel.

m. The Restoration Panel will aim to convene as soon as reasonably practicable and ordinarily within three months of receiving a complete application for restoration together with the appropriate fee.