Sanctions

a. When considering whether to impose a sanction, the Hearing/Health Panel must consider all of the sanctions available to it. The Hearing/Health Panel must apply the least restrictive sanction that is sufficient and proportionate to protect the public, maintain public confidence in the profession and BABCP/AREBT, and uphold professional standards. The Hearing/Health Panel will consider sanctions in the order of increasing seriousness, starting with the least restrictive.

b. Any sanction imposed must, where appropriate, include sufficiently clear and specific requirements, together with any timescales, evidence of compliance, and monitoring arrangements necessary to enable effective implementation, monitoring, and enforcement.

c. The Hearing/Health Panel will consider any mitigating factors presented by the Member, which may include (amongst others):

i. Demonstrating genuine reflection, insight, and remorse regarding the impact of their actions on clients/patients/service-users, including cooperating with the Procedure, making admissions where appropriate, and offering a meaningful apology;

ii. Taking proactive and demonstrable steps to address the concerns identified and reduce the risk of repetition, such as addressing competence deficiencies through targeted continuing professional development (CPD), supervision, training, reflective practice, and maintaining up-to-date knowledge and skills;

iii. Relevant situational or workplace factors at the time of the incident, such as the Member’s level of experience, systemic issues within their working environment, or a lack of appropriate professional support;

iv. Significant personal circumstances affecting the Member at the time of the incident, such as significant stress, caring responsibilities, bereavement, or physical or mental ill health;

v. Evidence of previous good character and safe practice, supported by positive feedback or appraisals from their clinical supervisor, professional references, or testimonials; and

vi. The passage of time since the conduct occurred, particularly where there has been no repetition and the Member has demonstrated insight, remediation, or sustained safe practice since the events complained of.

d. The Hearing/Health Panel will also consider any aggravating factors, which may include (amongst others):

i. The severity of the actual or potential harm caused to the public, particularly where the conduct involved vulnerable clients/patients/service-users, safeguarding concerns, or an abuse of professional position and trust;

ii. A persistent lack of insight, failure to express genuine remorse, an unwillingness or failure to undertake remediation, or a failure to cooperate with this Procedure without reasonable excuse;

iii. Evidence that the behaviour forms part of a repeated pattern of misconduct, suggesting an increased risk of repetition;

iv. The Member having been subject to adverse findings in relation to similar matters by BABCP/AREBT, another statutory regulator, accredited register, professional body or association, employer, court, or tribunal (see section 17); and

v. Conduct falling within the categories of serious case listed in Appendix 1 (‘Serious Cases’).

e. Where the Hearing/Health Panel determines that the substantiated allegations amount to a breach of the Standards, it may impose one or more of the following sanctions, in ascending order of seriousness:

i. A requirement that the Member provides a written apology by a specified date, where appropriate. The apology should address the concerns raised as a result of the Member’s conduct and must be submitted to the Complaints and Resolution Manager as evidence of compliance with the sanction. Where appropriate, and with the Member’s consent, the apology may be shared with the Complainant.

ii. A requirement that the Member submits a written reflection or reflective statement addressing the concerns identified in the complaint, any learning arising from the matter, and the steps taken to reduce the risk of repetition. The purpose of this sanction is to enable the Member to demonstrate insight, learning, and remediation. The Hearing/Health Panel will specify the period within which the reflection and any supporting evidence must be submitted. The Hearing/Health Panel may specify the issues to be addressed, the learning outcomes expected, and the evidence required to demonstrate satisfactory completion.

iii. A requirement that the Member undertakes specified training, education, learning or assessment by a specific date. The Member must provide evidence satisfactory to the Complaints and Resolution Manager that the requirement has been completed. The Hearing/Health Panel may specify the learning objectives, required outcomes, method of assessment, and evidence required to demonstrate satisfactory completion. The Member must provide evidence satisfactory to the Complaints and Resolution Manager that the requirement has been completed.

iv. A requirement that the Member demonstrates specified and measurable changes to their professional practice within a specified timeframe. For example, if a Member receives a complaint for not having a written client contract, the requirement would be that they have one in place. The Hearing/Health Panel may specify how compliance will be monitored and what evidence must be provided to demonstrate satisfactory implementation.

v. A requirement that the Member undertakes further clinical supervision for a specified period and in accordance with specified objectives or conditions. The Hearing/Health Panel may require the supervisor to be appropriately qualified, registered, accredited, or otherwise suitable having regard to the nature of the concerns. The sanction should identify the objectives of supervision, the frequency and duration of supervision, and the evidence required to demonstrate compliance and learning. At the end of the specified period, a report must be submitted to the Complaints and Resolution Manager to confirm the supervision has been satisfactorily completed.

vi. A requirement that the Member is subject to an audit, monitoring arrangement, or review process for a specified period.

vii. A Warning Order, which formally records the Hearing/Health Panel’s concerns and may be taken into account in the event of any future disciplinary proceedings. Unlike a Letter of Warning, a Warning Order is a formal disciplinary sanction.

viii. Suspension from BABCP membership and/or the CBT Register for a specified period not exceeding 24 months, with any conditions for return to membership and/or the CBT Register specified by the Hearing/Health Panel. This sanction may be imposed even where the Member does not present an imminent risk to public safety, where suspension is otherwise necessary to maintain public confidence in the profession or to uphold professional standards.

ix. Expulsion from the CBT Register and/or BABCP membership is a sanction of last resort for serious, reckless, deliberate, or malicious conduct. It may be appropriate where no lesser sanction would be sufficient to protect the public, maintain public confidence in the profession, or uphold professional standards. In reaching its decision, the Hearing/Health Panel will have regard to all relevant circumstances, including the factors set out elsewhere in this Procedure and Appendix 1 (‘Serious Cases’). The Hearing/Health Panel may also specify a period, between 2 and 5 years, that must elapse before the Member may apply for restoration to membership and/or the CBT Register. The specific details of restoration to the CBT Register and/or BABCP Membership are set out under section 38.

f. The Hearing/Health Panel must give reasons for the sanction imposed, including why it considers the sanction to be appropriate and proportionate in all the circumstances of the case.

g. Where expulsion from the CBT Register is imposed, the Hearing/Health Panel must also consider whether continued BABCP Membership is appropriate having regard to the need to protect the public, maintain public confidence in the profession, and uphold professional standards. Where the Hearing/Health Panel expels a Member from the CBT Register but permits them to remain a BABCP Member, it must explain its reasons for that decision.

h. Any sanction imposed will not take effect until after the expiry of the appeal period. Where an Emergency Suspension Order, Interim Suspension Order, or Interim Conditions Order is in force at the time the sanction is imposed, that Order will remain in effect until the Hearing/Health Panel sanction takes effect or any appeal is determined, unless revoked, varied or replaced earlier by the appropriate Panel. The Panel may also impose an Interim Order for the duration of the appeal period if it considers it necessary to do, having sought submissions from the Member and the BABCP.

i. Sanction decisions will be published on the BABCP website in accordance with section 40.

j. Where appropriate, an employer, statutory authority, regulatory, accredited register, or other relevant body will be notified of the decision in accordance with section 35.

k. In reviewing whether the requirements of a sanction have been complied with, the Complaints and Resolution Manager may seek appropriate clinical, accreditation, legal, or other specialist input before determining whether the sanction has been satisfactorily completed. The Complaints and Resolution Manager may either close the matter or refer the matter back to the Hearing/Health Panel for further consideration.