FiP Complaints Procedure

  1. Introduction

    FiP has a Code of Ethics and a Code of Practice to which all members must adhere. While FiP takes all precautions to ensure that its members conduct themselves in a way that is at all times professionally appropriate, it is not liable for the actions of its members. The following procedure has been established to determine which code has been breached and at what stage a complaint should be made.

  2. Making a complaint

    Any person who feels that they have a reason for complaining about FiP or a member of FiP may do so either in writing or by the telephone. Complaints will be received only against psychotherapists who were members of FiP at the time of the alleged unprofessional conduct. A complaint will be received only if it is lodged within three years of the alleged unprofessional conduct. The only exception to the above time limits will be in cases of alleged serious sexual misconduct by a psychotherapist towards a patient, for which there is no time limit. The complainant must be informed immediately either verbally or in writing that their complaint is being investigated and by whom. All complaints should initially go the Chair of the Ethics Committee who will determine at what stage the complaint should be handled. The Chair of the Ethics Committee shall inform the Chair of the Executive Committee that a complaint has been made and against whom.

  3. Stage 1

    The Chair of the Ethics Committee determines that the complaint should be handled by the member being complained about or the Chair of the Sub-Committee to whom the complaint relates. These types of complaint can usually be dealt with quickly and easily, normally within 10 days. However if the complainant is not satisfied with the outcome, they can take the complaint to the next stage.

  4. Stage 2

    The Chair of the Ethics Committee shall review any complaint not resolved at the previous stage, normally within 20 days. If after review the complainant is still not satsified then they have the right to appeal to the Chair of the Ethics Committee that an investigatory process be established.

  5. Stage 3

    Complaints at this stage must be made in writing. The investigatory procedure will normally be concluded within three and always six months of the date of its initiation.
    • 5.1.0 The Chair of the Ethics Committee should acknowledge receipt of the letter normally within a period of fourteen working days.
    • 5.2.0 The Chair of the Ethics Committee appoints one member of the Ethics Committee to investigate.
      • 5.3.1 The Chair of the Ethics Committee in consultation with the Investigator considers whether there is a prima facie case to answer.
      • 5.3.2 If there is not a case to answer the complaint is dismissed. This decision is final. The Chair of the Ethics Committee shall inform the Chair of the Executive Committee of this finding.
      • 5.3.3 If there is a case to anwer a panel is appointed from the Ethics Committee plus an external person as Panel Chair.
    • 5.4.0 The Panel Chair convenes a hearing and gives notice in writing to all parties.
    • 5.5.0 The Investigator shall not be a member of the Panel.

  6. Complaint hearing

    • 6.1.0 The parties to the complaint shall be present, as shall the Investigator.
    • 6.2.0 The parties may be represented at the meeting.
    • 6.3.0 Witnesses may be called at the discretion of the Panel Chair.
      • 6.4.1 Unreasonable refusal to attend shall be deemed to be an admission guilt or a waiver of complaint.
      • 6.4.2 In either case a determination will be made without any further hearing.

  7. Procedure

    • 7.1.0 The complaint shall be stated.
    • 7.2.0 The person complained against shall respond.
    • 7.3.0 The complaint shall be detailed.
    • 7.4.0 Panel members may ask questions of all the parties as well as the Investigating person through the Chair.
    • 7.5.0 The parties may ask questions through the Chair.
    • 7.6.0 The complainant may make a final statement.
    • 7.7.0 The defendant may make a final statement.
    • 7.8.0 The panel retires to consider its recommendations.
    • 7.9.0 The panel chair shall inform the Chair of Ethics of its recommendations. The Chair of Ethics shall inform the Chair of the Executive Committee of these recommendations, which shall then be put to the Executive Committee. If the Executive Committee accepts the recommendations of the panel, the Chair of the Ethics Committee shall inform both parties to the complaint in writing with seven days of the Executive Committee Meeting at which this decision was made.

  8. Action to be taken if complaint is upheld

    • 8.1.0 A complaint will be upheld when the panel considers that the Code of Ethics has been breached and the Executive Committee endorses this view.
    • 8.2.0 The panel may recommend any or several of the following courses of action, according to its assessment of the seriousness of the breach.
      • 8.3.1 Warning: the panel may recommend that the member be warned that he or she has breached the Code of Ethics and that further breaches would be regarded with greater seriousness. The panel may also recommend the appropriate remedial action to be taken, and in addition may recommend that the member be directed to report back to the Chair of the Ethics Committee that this has been undertaken and completed.
      • 8.3.2 A Warning or a Final Warning is outstanding and remains on the record of a member from the date of its being made.
    • 8.4.0 Final Warning: if the panel considers that the breach is sufficiently serious it may, or, if there is an outstanding warning against the member concerned, it shall, in addition to the action described at the panel, recommend that a final warning be issued. If there were then any further breach of the Code of Ethics, while their final warning was outstanding, the member would, subject to confirmation by the Executive Committee, be expelled.
    • 8.5.0 Immediate expulsion from membership: if the breach of the Code of Ethics is regarded as sufficiently serious, the panel may recommend that the member be immediately expelled. In this case no action would be taken until the Appeals process had been completed, or until the time limit for receipt of an appeal had passed.
    • 8.6.0 When the recommendation is to expel a member, and this is confirmed by the Executive Committee, then a further action which shall be taken is that this decision will be communicted to the UKCP, and to any other professional body of which the expelled member also hold membership, where FiP is aware of this.
    • 8.7.0 If this process of investigating the complaint gives rise to concerns which should be brought to the attention of any public authority, including for example the medical practitioner of any patient, or a local authority, or the police, then they shall be informed as soon as it is practical of the reasons for the concern.
    • 8.8.0 The recommendation of the panel, once approved by the Executive Committee, becomes binding on both parties and on FiP , subject to the exercise of the right of appeal by either party to the complaint.
      • 8.9.0 FIP is not responsible for any expenses incurred either by the complainant or the member complained against, nor for any agents representing in any capacity these two parties in connection with any part of the process of making a complaint.
      • 8.9.1 FIP cannot order one of the parties involved in a complaint to make any financial contribution to any of the other parties involved in a complaint.

  9. Appeal

    • 9.1.0 If a complaint is upheld the member may appeal under this procedure.
    • 9.2.0 If the complaint is not upheld the person complaining may appeal under this procedure.
    • 9.3.0 An appeal should be made in writing to the Chair of the Ethics Committee, or if the holder of this office is a party to the complaint then the appeal should be sent to the Chair of the Executive Committee. This should include the grounds for appeal.
    • 9.4.0 The only grounds for appeal are:
      • That this procedure was not followed.
      • That the panel failed to give proper weight to the matter brought to its attention.
      • That there are matters of which the person making the appeal was not aware at the time of the original hearing.
    • 9.5.0 Any appeal must be received within four weeks of the Chair of the Ethics Committee's sending the panel's decisions, as confirmed by the Executive Committee, to the parties.
    • 9.6.0 The appeal will be heard by a meeting of the Ethics Committee, but excluding those of its members who were previously involved in the panel. The procedure will be as at paragraph 7 save as follows:
      A report on the findings of the original panel will be made by its Chair. This takes the place of the report by a member of the Ethics Committee appointed to investigate the complaint; the person making the complaint may re-state why they made the complaint, but there is no obligation on them if they choose not to do so.
    • 9.7.0 The findings of those members of the Ethics Committee hearing the complaint shall be sent to the Chair of the Executive Committee, in order that a final decision may be made by the Executive Committee.