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1. Every member is subject to the under mentioned disciplinary and complaints procedure.

 

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2. Any complaint received verbally, electronically or in writing against a member will be verbally acknowledged by PCHA and recorded in the Complaints Register. If in the event no formal written complaint is made the entry in the Complaints Register will be erased see 4. below.

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3. The member will be informed immediately in writing that a complaint has been lodged and advised of the general nature of the complaint based on the information available at the time. The member may offer an explanation at that time or wait until a formal detailed complaint has been lodged.

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4. PCHA will request that the complainant put the complaint in writing giving adequate details of the complaint against the member, together with such supporting evidence as may be available. Immediately the formal complaint is documented in sufficient detail, a copy of the formal written complaint will be sent to the member who is the subject of the complaint requesting agreement or rebuttal within 21 days. At the same time, the person lodging the complaint will be sent written confirmation that the complaint is being investigated.

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5. At the same time as 4. above, the Chairperson of the Disciplinary Committee will be provided with a copy of the formal complaint.

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6. On receipt of the reply by the member who is the subject of the complaint, the Chairperson of the Disciplinary Committee in consultation with one or more relevantly qualified members of the committee will determine if there is a case to be answered. If the circumstances are of a nature that could be covered by the individual's PCHA’s insurance policy the member will be advised to make immediate contact with the insurance company’s claims department for advice and the Committee will take no action until the insurance company has concluded its interest in the case. Regardless of the outcome PCHA may still take disciplinary action against the member if in PCHA’s opinion the member has conducted her/himself in any way against the Code of Practice. Such disciplinary action will follow the procedures herein set out.

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7. Criminal proceedings. In the event that in the opinion of the Chairperson of the Disciplinary Committee in consultation with at least one member of the committee the matter complained of is in the nature of a criminal act or omission the complainant will be advised to contact her/his local police authority and the member will be so informed. If the police or the Crown Prosecution Service (or other similar statuary organisation overseas) have laid actual criminal charges against a member, PCHA will forthwith suspend the member from the Register and membership pending the outcome. Regardless of the outcome PCHA may still take disciplinary action against the member if in PCHA’s opinion the therapist has conducted her/himself in any way against the Code of Practice. Such disciplinary action will follow the procedures herein set out.

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8. If there is a case to be answered and the insurance company has no interest in the matter, the Chairperson of the Disciplinary Committee will consult with the committee and within 28 days of the decision to proceed make its findings known to the complainant and the member in writing.

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9. If it is decided there is no case to answer, the person making the complaint will be informed in writing of the decision and the reasons for the decision. The person making the complaint will have the right to appeal against the decision and the complaints procedure will then continue.

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10. The Disciplinary Committee may call/consult with witnesses, who may include the person making the complaint and/or the member who is the subject of the complaint. Additionally the person bringing the complaint and the member who is the subject of the complaint, have the right to provide a full written explanation of all the circumstances. In cases deemed by the Chairperson of the Disciplinary Committee to be of a particularly serious nature the complainant and the member may be invited to give personal evidence if they wish to do so and each may be accompanied by a friend or adviser. All costs of attending any such meeting(s) shall fall to the parties.

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11. Having considered the complaint and the member's reply, the Disciplinary Committee will within 14 days, submit a written report and decision which will be copied to the complainant and the member.

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12. All decisions of the Disciplinary Committee must be reported to the PCHA Committee at its next meeting. The PCHA Committee shall not have the power to overturn any decision (other than through the process of the Appeals Committee – set out below) but may advise the Chairperson of its views.

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13. Members in breach of the Code of Practice are liable to expulsion or such lesser action as considered appropriate by the Disciplinary Committee in the general form of suspension from practice of any or all treatments, requirement for additional training or other similar process. Serious sexual abuse of a patient/client will result in automatic expulsion.

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14. A member found to be in breach of the Code of Practice by the Disciplinary Committee has the right of appeal to a special Committee of The PCHA. Notice of appeal to be received in writing at PCHA’s offices within 14 days of the written decision as in 11 above.

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15. The name of any member expelled from PCHA will be advised to any other professional association to which the member is believed to belong.

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16. In the event the complaint is withdrawn at any time, the member will be immediately informed and, subject to clause 7 above, the complaint will have no significance on the member's record.

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17. Costs. No costs are charged for the initial process of the Disciplinary Committee but the member will be charged a fee of £75.00 (plus VAT) to cover the costs of any Appeal.

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Disciplinary Committee

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1. The Disciplinary Committee will consist of a Chairperson and two other members.

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2. The Chairperson will be a permanent appointment on a fixed two-year term. There is no limit to the number of consecutive terms a Chairperson may be appointed.

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3. The other two members will be invited as required and will be drawn from a wide range of modalities within complementary medicine. At least one member of the committee may be appointed from outside the membership of PCHA if in the opinion of the Chairperson particular expertise is needed to adjudicate the issue.

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4. The Chairperson of the Disciplinary Committee may co-opt further members, with the prior agreement of PCHA Committee when considered appropriate.

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PCHA Appeals Committee

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1. In the event of an appeal against the decision of the Disciplinary Committee, an Appeals Committee of the PCHA will be formed by PCHA and a Chairperson appointed.

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2. The justification of the appeal and all documentary evidence and assessment by the Disciplinary Committee will be sent to the Chairperson of the Appeals Committee.

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3. The appeals procedure may take up to four calendar months.

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4. The decision of the Appeals Committee, submitted in writing to PCHA, will be binding on all parties. Copies of the decision will be available to the person bringing the complaint and the member who is the subject of the complaint.

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5. There is no further appeal process within PCHA.