Screening Panel

a. The Screening Panel will consider the allegations and evidence referred to them by the Complaints and Resolution Manager.

b. The Screening Panel does not make findings of fact. It determines whether there is a realistic prospect that a Hearing/Health Panel would find that:

i. the facts of the allegations are substantiated; and

ii. the facts, if substantiated, would amount to a breach of the Standards; and

iii. the breach is serious enough to render the Member unsuitable to remain on the CBT Register and/or as a Member without restrictions or conditions.

c. The Screening Panel may stay (pause) consideration of allegations where it is not necessary to proceed immediately to protect the public from harm, and where one or more of the following applies:

i. There are ongoing criminal or civil proceedings relating to the complaint; and/or

ii. Another body is investigating the same concerns (in accordance with section 17); and

iii. The Screening Panel considers that progressing the allegations would create a real risk of prejudice to those other proceedings/investigations, or would otherwise be contrary to the interests of justice.

d. The Screening Panel’s decision will normally be taken based on allegation and evidence referred to it by the Complaints and Resolution Manager. However, where the Screening Panel considers it necessary to protect the public, or in the interests of fairness, or to clarify complex evidence, it may request the Complaints and Resolution Manager to obtain specific further written representations or evidence from the Complainant or Member.

e. Any request by the Screening Panel must be complied with within such timeframe as is considered reasonable by the Screening Panel in the circumstances.

f. Where a Member fails to comply with a direction of the Screening Panel without reasonable excuse, the Screening Panel may add such failure to the issues to be considered in the complaint. Where a Complainant fails to provide information or otherwise engage with the process without reasonable explanation, the Screening Panel may decide not to proceed with the complaint or may determine it on the information available.

g. Where the Screening Panel decides that the answer to section 18(b)(i) and/or 18(b)(ii) is “no”, i.e. that there is not a realistic prospect that the Hearing/Health Panel would find that the alleged facts are substantiated and/or that they amount to a breach of the Standards, it will dismiss the complaint and take no further action.

h. Where the Screening Panel decides that the answer to 18(b)(i) or 18(b)(ii) are “yes”, but the answer to (iii) is “no” (i.e. there is no realistic prospect that the breach will be considered serious enough to require restrictions or conditions), it may:

i. Dismiss the complaint and take no further action; or

ii. Issue a Letter of Guidance or Warning, or deal with the matter through ADR in accordance with section 19.

i. Where the Screening Panel decides that the answer to section 18(b)(i), 18(b)(ii) and 18(b)(iii) are all yes, i.e. that there is a realistic prospect that the Hearing/Health Panel would find that the facts are substantiated and amount to a breach of the Standards such that the Member is unsuitable to remain on the CBT Register or remain a Member without restrictions or conditions, it may:

i. Seek to resolve the matter through the CDM in accordance with section 20; 

ii. Refer the allegations to the Hearing/Health Panel for determination.

j. Before referring a matter to a Hearing/Health Panel, the Screening Panel must consider whether the complaint can be dealt with using CDM. Where the Screening Panel considers that a Hearing/Health Panel is not necessary for the purposes of public protection, maintaining public confidence in the profession, and/ or upholding professional standards, and that it would be reasonable, proportionate, and appropriate to do so in the circumstances of the case, the complaint should be resolved through the CDM in accordance with section 20. 

k. It is open to the Screening Panel to amend the allegations before referring them to the Hearing/Health panel, e.g. where they have identified new factual allegations and/or where the Screening Panel considers that the alleged conduct may also amount to a breach of other Standards. The allegations as amended will be included in the notification provided under section 18(l). 

l. Where a complaint is referred to a Hearing/Health Panel, the Screening Panel must notify the Complaints and Resolution Manager of its decision. The Complaints and Resolution Manager will notify the following of the Screening Panel’s decision and the specific allegations to be referred:

i. The Complainant;

ii. The Member;

iii. Where relevant, the Clinical Supervisor of the Member; and

iv. Where appropriate, any other relevant statutory regulator, accredited register, professional body, or employer.

m. If the matter is referred to a Health/Hearing Panel, the Screening Panel should provide its recommendation as to whether the hearing should be held in public or private and whether it should be held physically, virtually, or as a hybrid hearing. The Complaints and Resolution Manager will notify the Complainant and the Member of the Screening Panel’s recommendation, and invite them to make representations if they consider a different approach should be adopted. The Hearing/Health Panel will determine whether the hearing is held in public or private in accordance with section 25 and the format of the hearing in accordance with section 26.

n. Decisions of a Screening Panel may be appealed in accordance with the procedure set out in section 36.

o. The Screening Panel aims to meet and reach a decision as expeditiously as possible and ordinarily within six months of the Triage Decision.