ARTICLE 123 ARTICLES OF ASSOCIATION OF THE BRITISH ASSOCIATION

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BRITISH ASSOCIATION FOR COUNSELLING

ARTICLE 123 ARTICLES OF ASSOCIATION OF THE BRITISH ASSOCIATION


Article 12.3 Articles of Association of the British Association for Counselling and Psychotherapy


An application for membership may be accepted or rejected by the Board of Governors under this procedure.


The Board of Governors shall have the right, for good and/or sufficient reason, to refuse any application for membership PROVIDED THAT the applicant concerned shall have a right to be heard before a final decision is made.


This document explains the circumstances in which Article 12.3 may be used and the procedure that is followed for individual and organisational members.


Aim


The Association reserves the right to assess applications for membership under this procedure in order to be satisfied that the applicant, once granted membership, is willing and capable of working in accordance with the Ethical Framework for Good Practice in Counselling & Psychotherapy and is fit for membership of the Association. The protection of the public is of paramount importance to the Association, as is the reputation and standing of counselling and psychotherapy. Accordingly, the Association also seeks to ensure, as far as it is reasonably ascertainable, that potential members will be safe to work with, and accountable to, clients and the Association and protect the reputation and proper functioning of BACP.


Use


The Article 12.3 Procedure can be used at the discretion of the Board of Governors, under powers divested in the Registrar, upon receipt of an application for membership where BACP is in receipt of information which raises questions about the applicant’s suitability for membership.


The nature of the information obtained and upon which Article 12.3 may be imposed might suggest that entering membership could:


  1. bring the reputation of BACP into disrepute;


  1. bring the reputations of counselling and/or psychotherapy into disrepute;


iii. result in BACP’s private business being brought into the public domain;


iv. impede the legitimate activities of the organisation;


v. give good reason to believe an applicant could misrepresent, or has already misrepresented, his/her/the organisation’s membership status;


vi. give good reason to believe there could have been a serious breach of BACP’s Codes of Ethics & Practice/Ethical Framework if the applicant had been a member of the Association at that time and/or the Association’s Professional Conduct Procedure could not be used at that time;


vii. give good reason to believe the applicant has not or will not work to BACP’s Ethical Frameworks for Good Practice in Counselling & Psychotherapy and Research respectively.


The following are some examples of good and/or sufficient reasons Article 12.3 may be implemented:


1. Applicants for membership against whom there are outstanding complaints.


2. Applicants about whom information alleging unethical or inappropriate behaviour is held by BACP.


3. Applicants who, on the basis of evidence/information held by BACP, are thought to have made a misleading or incomplete declaration.


4. Applicants who are known to have either been refused membership of another professional association or have had professional membership terminated on the grounds of unprofessional behaviour.


5. Applicants who are accused of, or have committed, acts that are deemed incompatible with the values of counselling and/or psychotherapy.


6. Information about the applicant relating to impaired physical, mental or emotional functioning to an extent that a client or others may be adversely affected.


The Article 12.3 Panel


Any application considered under this procedure will be made available to a panel known as the Article 12.3 Panel. This panel will either convene as a telephone conference or meet with the applicant for an interview. The panel can either:


  1. Accept the application.


  1. Seek more information from the applicant and/or other source(s) before reaching a decision on acceptance.


  1. Accept the application and impose conditions on membership for a specified period and outline the circumstances upon which these conditions may be lifted.

  2. Refuse the application outright or impose conditions which must be met by the applicant before a further application is considered.


Procedure


1. Information is obtained by BACP directly from the applicant, or another source(s) concerning a potential applicant for membership of BACP, which suggests that the application should be considered under Article 12.3 of the Association’s Memorandum & Articles of Association.


2. The individual or organisational applicant must be named.


3. The application and/or information submitted must include supporting evidence of the declarations and/or submissions to be considered, wherever possible.


4. Information received other than from the applicant should not, as far as possible, be anonymous. BACP does not encourage the submission of anonymous information. Any such submission will be considered in accordance with the relevant protocol and in the interests of public protection.


  1. The applicant is notified in writing that their application, together with their submissions, will be considered by the Article 12.3 panel under Article 12.3 of the Memorandum & Articles of Association, either as a telephone conference or as an interview with the applicant. A copy of any other information not supplied by the applicant will be forwarded to the applicant. The applicant will be given details of the procedure to be followed and the applicant is not expected to make any further submissions or respond at this stage.

  1. This same information will be forwarded to the Article 12.3 Panel. The Panel will exercise its powers as outlined above. If further information is requested by the Panel from another source, this too will be circulated to the applicant.


  1. If the applicant is requested to attend an interview, a date will be arranged which is convenient to the applicant. All interviews are held at BACP House in Lutterworth unless otherwise agreed.


  1. All interviews will be recorded and copies of the recording will be provided upon written request by the applicant.


  1. The applicant will be notified of the decision of the Panel within 7 days of the Panel’s decision being received.


  1. If the application is accepted, it will be processed in the normal way.


  1. If the application is refused, the applicant will be given the reasons as to why this action has been taken and given an opportunity to appeal against this decision and any conditions imposed by lodging an appeal within 28 days of notification of the decision.


  1. If the application is accepted, but conditions on membership are imposed that the applicant believes are unjust in all the circumstances, the applicant may appeal. Any appeal must be lodged within 28 days of notification of the decision. If no appeal is received, the applicant will send a written confirmation that he/she understands and accepts the conditions imposed by the Article 12.3 panel.


  1. Upon receipt of an appeal, the Registrar will make arrangements for an appeal hearing to take place whereupon the applicant will have an opportunity to have an interview with an Appeal Panel to verbally present their case.


  1. Prior to the appeal hearing the Appellant will be given an opportunity to make formal written submissions as to why the application should be accepted and/or why the conditions imposed are unjust in all the circumstances. A date for final submission of papers will be notified in writing to the Appellant.


  1. All relevant parties will be notified in writing of the date and venue for the Appeal Hearing. Unless otherwise notified, or in exceptional circumstances, all Hearings will be held at BACP House in Lutterworth.


16. Submissions from the Appellant must be received by the Registrar not less than 28 days prior to the date set for the Appeal Hearing. A folio of papers will be circulated to the Appeal Panel and the Appellant not less than 14 days prior to the date set for the Appeal Hearing. The Chair of the Appeal Panel may take advice on these papers and procedural matters from the Registrar, who may in turn seek advice from any relevant person as may be deemed appropriate.


17. Any new information arising within the final 14 days prior to the Appeal Hearing will be made available to the Appellant and the Appeal Panel and must be in the form of short oral or written submissions.


18. The Appeal Panel will meet with the Appellant and consider the appeal on the written and oral submissions before it on the day.


19. All appeal hearings will be recorded and copies of the recording will be provided upon written request by the applicant.


20 The Appellant is entitled to be accompanied by someone to support him/her as a ‘friend’ and who can represent them. If the Appellant is an organisation, a representative will be nominated by the organisation and the representative is entitled to be accompanied by someone to support him/her as a ‘friend’.


21. The refusal or failure of the Appellant to attend the Appeal Hearing without good and/or sufficient reason and/or with sufficient notice will be notified to the Chair of the Appeal Panel. The Chair of the Appeal Panel will make the final decision. What constitutes a good and/or sufficient reason and/or sufficient notice shall be solely at the discretion of the Appeal Panel, which may take advice on the matter from the Registrar and/or the Association’s solicitor.


22. The Chair of the Appeal Panel and the Appellant may call witnesses to attend the Appeal Hearing. If the Appellant wishes to call witnesses, he/she/the organisation must notify the Registrar of the names and details of such witnesses not less than 28 days prior to the date fixed for the Appeal Hearing. Attendance will only be permitted by the Chair of the Appeal Panel if a witness has supplied a written statement which requires further clarification. The Appeal Panel has discretion to refuse attendance by a witness if it reasonably believes that such attendance is not relevant and/or will not add any weight to the issue(s) being considered. Witnesses may be questioned by the Appeal Panel and by the Appellant.


The Appeal Panel


The Appeal Panel is independently constituted and is normally made up of three people: usually two members of the Association and one independent lay person.


The task of the Appeal Panel is to decide whether the decision of the Article 12.3 Panel was just and fair in all the circumstances and decide, subject to any additional information submitted, whether the appeal should be allowed or denied.


Format of Appeal Hearing


At any time during the Appeal Hearing, the Chair of the Appeal Panel or the Appellant may ask for a recess to consider issues that have arisen in the course of the Hearing.


On the day of the Appeal Hearing the following protocol will normally be observed:


  1. An introduction is made by the Chair of the Appeal Panel.


  1. The Clerk will verbally summarise the case on behalf of the Association.


  1. The Appellant has the opportunity to verbally present their case.


  1. The Appeal Panel will question the Appellant in connection with the application and any written submissions.

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  1. If witnesses are in attendance, the Appeal Panel and the Appellant may question any witnesses called in relation to their written submissions.


  1. The Appellant has an opportunity to make a closing statement.


  1. When the Chair is satisfied that the Appeal Panel has gained all the clarification required, the proceedings are drawn to a close.


  1. The Appeal Panel deliberates on the written and oral submissions made and decides whether membership should be granted and/or whether the conditions of membership imposed are fair and just in all the circumstances and amend accordingly, if necessary.


  1. The Chair of the Appeal Panel will notify the Registrar in writing of the decision of the Panel. The Appeal Panel’s decision is final.


  1. The Registrar will inform the Appellant in writing of the decision normally within 14 days of the Appeal Hearing.


  1. If the decision is to accept the application for membership, with or without amendments to any conditions imposed, the application will be processed in the normal way.


  1. Where an application has been refused and the Appeal is denied, the Appellant will be given the reasons why this decision has been made and will be informed that they have the right to apply for membership again at any time in the future, subject to any conditions that may have been imposed by either the Article 12.3 Panel or as amended by the Appeal Panel. Any future application will also be considered under Article 12.3 of the Memorandum & Articles of Association.


BACP accepts no liability for travel or any other expenses incurred by the Applicant in connection with any stage of this Procedure.



Latest review: Oct 2012












































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