Subject to other proceedings

BABCP recognises that Members may also be accredited with or regulated by other bodies, or subject to other proceedings. Therefore:

a. If the Member complained about is subject to the oversight of a statutory regulator, another PSA-accredited register, professional body or association, or employer, the Complaints and Resolution Manager may notify the relevant body that a complaint has been made to BABCP and ask whether the Member is subject to substantially the same complaint or disciplinary proceedings before that body.

b. In line with any information sharing agreement with other membership, accreditation, regulatory or statutory bodies, the BABCP may also share or receive information about a complaint with other organisations where it is necessary and proportionate to protect the public, maintain public confidence in the profession, uphold professional standards, or for safeguarding purposes. Any such information sharing will be conducted in accordance with relevant data protection legislation.

c. The Complaints and Resolution Manager may stay (pause) consideration of a complaint under this Procedure where a Member is subject to substantially the same complaint with another body, is subject to relevant legal investigations or proceedings (whether civil or criminal), or where the complaint has been referred to another authority in accordance with section 8(h). The Complaints and Resolution Manager may seek updates on the progress and outcome of those matters at reasonable intervals.

d. In considering whether to pause consideration of the complaint, the Complaints and Resolution Manager will weigh the interests of the Complainant, the Member, and the wider public before deciding whether it is appropriate to do so. Before taking that decision, the Complaints and Resolution Manager may seek guidance from the Legal Assessor or invite representations from the Complainant, Member and/or any relevant body.

e. The decision to pause consideration of a complaint may be reviewed by the Complaints and Resolution Manager at any time and must be reviewed once the Complaints and Resolution Manager has been notified of the decision of the other relevant body.

f. Where the Complaints and Resolution Manager determines that consideration of a complaint should resume following a stay or pause (for example, after the conclusion of another investigation or proceeding), the Complainant and the Member will be notified accordingly.

g. BABCP will handle such cases proportionately, avoiding duplication of fact-finding while ensuring public protection. BABCP may rely on, and take account of, the findings or decisions of a statutory regulator, accredited register, professional body, employer, or other competent authority as evidence when determining whether a fact is proven or in reaching its own decision, unless there is good reason to question the fairness or reliability of that decision.

h. A stay under this section does not prevent the consideration or imposition of an Emergency Suspension Order, Interim Suspension Order, or Interim Conditions Order where necessary and proportionate to protect the public.