Possible sanctions include:
- A period of training in a specified area
- A referral to an appropriate supervisor for additional support
- Period of probation supervised by an appropriate supervisor
- Removal from the Register
A period of training in a specified area
The Panel may consider using this form of sanction in cases where the facts of the case suggest the breach of professional standards was a result of the member’s limited experience, knowledge and/or training. This form of sanction would, therefore, allow the member to address that shortcoming with the aim of preventing re-occurrence in the future. Further education which enables safe practice will also promote public protection. When requiring a member to undertake further training, the panel should consider whether the training would help prevent the member from repeating the failings identified in future practice; whether such training is readily available; as well as the timing and cost of such training. Any training will be at the registrant's own expense or at the discretion of the panel. The panel should also take into account any training which has already been undertaken by the member. The panel must clearly set out how the training will address the areas of concern raised in the conduct process and how the training will protect the public. The duration of such training will be at the discretion of the panel. This sanction will not appear on the register.
A referral to an appropriate supervisor for additional support
Practitioners in categories required to act under supervision or peer review will require the registrant to name the supervisor, of UK-SBA full member or registered BCBA status, with whom the Complaints Secretary would then discuss the complaint made and the ramifications for the person’s practice. Those practitioners not required to act under supervision will be required to select an appropriate supervisor, of full member status, to act for them. A way forward would be agreed with the supervisor to guide the registrant for a period of 1 year, at a frequency no less than once per month, on the particular needs exposed by the panel when evaluating the complaint. This sanction will not appear on the register.
Period of probation supervised by an appropriate supervisor
Where there is a finding of professional misconduct, a Panel may consider that a period of probation and supervision is appropriate, and this will be recorded as “probation” on the register under the “Sanctions” tab, with a link to further details on the Publication of Sanctions page. Supervisors for this sanction will be appointed as above. While the intention of imposing sanctions is not to punish, a probationary period may be punitive in nature as it may affect the member’s ability to practise their profession on an interim basis. Therefore, a panel must carefully balance the interests of the member with the duty to protect the public and the profession. One purpose of a period of probation is to ensure that the member does not have the opportunity to repeat the conduct concerned for a limited period. The intention is that the experience will help the member to be more careful in future practice and will encourage compliance with the required UK-SBA ethical and professional standards. This purpose is achieved for a longer period, or possibly indefinitely, by withdrawing membership. Probation may be appropriate even where the member does not present a risk to public safety, but where this action is necessary to maintain public confidence in the profession. Suspension of membership is a deterrent and may be used to send a message not just to the member but to the public and the profession about what is expected of our members. A panel may consider suspending membership, where it does not consider that the alternative sanctions are sufficient to protect the public and are unlikely to address the issues uncovered in the complaints process.
Removal from the Register
This means that a member’s name is removed from the UK-SBA register, this would be published on our record of sanctions available on our Publication of Sanctions page and consequently, a member’s registration is cancelled. This means they are not permitted to practise under the auspices of the UK-SBA or use the registration logo on any of their materials. Withdrawal of membership is the most serious sanction and will usually be appropriate where a panel has upheld allegations of serious professional misconduct. This might include conduct which was of a dishonest and/or exploitive nature. A panel must withdraw membership where it considers the other sanctions available are not sufficient to protect the public. Withdrawal may also be appropriate even where the practitioner does not present a risk to public safety, but where this action is necessary to maintain public confidence in the profession. Withdrawal of membership may be used to send a message not just to the member but to the public and the profession about what is expected of our members and the profession.
The following factors may indicate that withdrawal of membership is an appropriate sanction:
- where the member has knowingly and deliberately behaved in a way to cause harm to the Complainant or other members of the public
- where the member has been dishonest or lacked integrity
- where the complaint involves sexual misconduct
- where the member has shown a blatant disregard for professional standards
- where the member has abused their position or another’s trust
- where the harm to the complainant is particularly severe
- where the member has shown a complete lack of insight into, or remorse for, their behaviour
- where the member has demonstrated an unwillingness to comply with UK-SBA’s policies and procedures
- any other factors which the panel consider warrant withdrawal of membership or registration.
Panels must clearly state the reasons for decisions to withdraw membership, where there are public protection issues. Withdrawal from membership will not take effect until the 30-day appeal period has passed. Where a sanction of withdrawal of membership is imposed, any re-application for membership will not be considered until a five-year period has passed from the date of withdrawal of membership.
In the latter two types of sanction, a note will be attached to the registrant’s details at the column marked “Sanctions”. Where a registrant is to be removed from the register, details will be published on our Publication of Sanctions page
Panel findings and details of any sanctions imposed on members are published on the register and on the
Publication of Sanctions.
If a complaint is dismissed, no further action will be taken and the registrant’s details will of course remain unchanged on the register.
If you want to discuss the professional conduct procedure or a complaint against you, please email [email protected]
We will try to help if we can, but we must remain neutral in professional conduct cases and cannot offer individual advice.