Feb 28, 2016

BPC Appeal Findings

Notice of Determination 

The Appeal Panel considered an Appeal, lodged by the Complainant in her letter of 16 April 2015, against the Hearing Panel’s dismissal of this complaint The Complainant indicated three grounds for the appeal: 
1. The Complaints Procedure was not followed - principally concerned with the fact that the Hearing Panel did not convene a formal hearing. 
2. Evidence readily available at the time was not used - referring to the tape transcripts of sessions on 22/02/12, 24/02/12, 05/03/12 and 07/03/12 together with attachments A, B, C and D. 
3. New evidence came to light in the registrant’s and supervisor’s statements - this refers to the statement on page 5 of the Complainant’s response which states, ‘H did not consult appropriate supervision for my condition until 3 years into my therapy with her although she had known that I suffered from DID right from the start in 2007. I was unaware of this fact which became clear to me after having read H's and her supervisor’s reply.’ 

The BPC Complaints Procedure (Revised version February 2011) notes three possible grounds for appeal in paragraph 6.1, which states: 
6.1. An appeal may be made by either the complainant or the registrant complained against on one or more of the following grounds: o that failure to follow the complaints procedure properly may have had a material effect on the finding and/or the sanction o that a piece of evidence that was not reasonably available at the time of the hearing and which may have had a material effect on the finding on the complaint was not considered o that the sanction is not proportionate to the finding of the Hearing Panel and is unjust in all the circumstances. 

1. The Complaints Procedure was not followed The Appeal Panel upholds this ground for appeal. The Complaints Procedure is written throughout with the implicit assumption that a Hearing Panel will convene a formal hearing. On the basis of the BPC Complaints Procedure (paragraphs 4.5 and following), a Complainant or Registrant might reasonably expect there to be a formal hearing. A decision was taken that a formal hearing would not be held in this case. The Hearing Panel did not inform either party about the decision, did not give any reasons why the decision was made and did not give either party the chance to object. Paragraph 4.34 of the Complaints Procedure does allow the Hearing Panel to decide its own procedures subject to the ‘principles of general fairness’. 

One of the principles of general fairness is that the Hearing Panel should be seen to act in a fair and reasonable way. We do not think that this decision, having been made without specified reasons and without 2 communicating that decision and the reasoning behind it to the parties involved, is either fair or reasonable. 

The Appeal Panel is unable to assure itself that the Complaints Procedure was correctly followed with regard to its decision to dismiss the complaint without a formal hearing. 

An Appeal Panel should be able to follow through the Hearing Panel’s decision making process as outlined in its Notice of Determination. 

We are not able to do this on the basis of the letters to the Complainant and Registrant dated 19 March 2015, which constituted the Hearing Panel’s Notice of Determination. 

This invites the possibility that the Hearing Panel’s procedure may have been defective. 

The Complainant was not properly informed of the amendment to the Complaints Procedure, and this could be regarded as unfair. 

We consider this to be a defect in the exercise of the Procedure. Accordingly, the Appeal Panel considers that the appeal should be allowed on the grounds that the failure to follow the Complaints Procedure properly may have had a material effect on the finding and/or sanction. 

The Appeal Panel considers that the Chair of the Intake Committee should now appoint a new Hearing Panel to review the complaint. 

In light of its findings and decision in respect of the ground 1, and for reasons of expediency, the Appeal Panel considers there is no merit in giving detailed consideration to the other grounds of appeal. 

If either ground 2 or ground 3 were made out, the appropriate remedy would be the constitution of a new Hearing Panel. 

We have taken the decision to remit this complaint back to a new Hearing Panel in any event. The Complainant now has the opportunity to put any new evidence to the Hearing Panel.