Independent Complaints Procedure
- SHTC
(code for training providers downloadable HERE, right click and save)
Therapy Standards
For the purposes of these regulations, the term
“therapist”
is used to signify anyone practicing counselling, healing, coaching
or any other form of positive intervention or assistance with a
client. The SHTC recognises the right of the therapist to receive a
"fair hearing" which is ultimately decided by unbiased peers.
Therapists agreeing to abide by the SHTC Code of Conduct, are
subject to the following complaints procedure:
1. The
only person who is entitled to make an official complaint about the
standard of work of a particular therapist is a client, or someone
acting in the best interests of a therapist's clients.
2. Complaints must be in regard to
the standard or duty of
care to the client(s) or in regard to a breech of the code of
practice.
3. Complaints should not be
speculative or discriminatory
in nature.
All complaints must be made in writing to:
The
Administrator at the SHTC Offices
4. The client
will be sent an acknowledgement, and further information obtained if
necessary. The therapist will be sent a copy of the complaint and
information, and asked to respond directly to 'SHTC'.
5. Where gross misconduct is alleged,
and evidence is
offered, the therapist may be temporarily suspended from the Society
if there is reasonable cause to believe a person is at risk. This
will only occur under advice from the appropriate statutory body such
as Child Protection. Where a complaint is not
“gross” in nature,
the therapist will not be in any way restricted while the process is
completed.
6. After initial assessment by an appointed person to
ensure that any complaint is not a "flame", "spam" or other malicious
or libelous complaint of a clearly inappropriate nature, it will be
logged as a "complaint". Initially the evidence of complaint will be
screened
by at least three people within the SHTC to ensure that it meets the
above criteria (points 1-3). If it does not then the person or persons
making the
complaint will be offered the opportunity to provide additional
information within a reasonable period and the SHTC will offer to
mediate where appropriate, for example in cases of a financial
dispute. Where the complaint is clearly not valid according to the
first three points listed above, then it will be dismissed. Where the
therapist accepts full responsibility, the SHTC may suggest
appropriate sanctions as defined in point 9, and where the
complaining party agrees, these may be implemented with no further
process required. If either the therapist, or the complaining party
does not accept the proposed sanctions the process will continue. Where
the complaint appears to be valid according to the first three
points, and no direct resolution can be agreed, the process will
proceed to the next stage.
7. Independent and impartial
persons, who are not members of 'SHTC', will be asked to examine the
details of the original complaint together with the therapists's
response, and will seek clarification where required. Normally five
persons, of appropriate professional experience and knowledge from
related or equivalent professionals will be chosen to form an
independent panel of the therapists “peers”. This
panel should be
impartial, independent, suitably knowledgeable and of the same
standards of “sound mind” as would be expected in a
Jury of a
Court of Law. They will be afforded a reasonable period of time to
carry out point 8, and the other parties will be given a reasonable
period of time to object to members of the group in the event of any
perceived potential for bias.
8. The independent and
impartial persons, after due care and consideration may:
a) Find the complaint as
proven beyond reasonable
doubt
b) Find the complaint unsubstantiated
c)
Find the complaint unsubstantiated but with issues arising that
should be addressed
9. In the event that the complaint is
found proved, the
counsellor will be informed that they will:
a) Have their name deleted
from the register and
any referral information of the SHTC
b) Not be entitled
to use any term or materials implying membership of the SHTC
10.
In the event that the
complaint is found proved, the therapist will be informed the length
of time that the sanctions mentioned in point 9 will apply, and any
conditions required for their lifting. The SHTC will attempt to apply
appropriate and reasonable levels of the above sanctions,
proportionate to any compliant that has been found to be
substantiated. Where the complaint is found to be unsubstantiated,
but with issues arising, these will be referred to the therapist and
their supervisor for resolution. Where the issues relate to the SHTC
or its complaint's procedure, a review will be made accordingly in
order to resolve these.
11.
Where appropriate, the SHTC
will cooperate with any legal investigation resulting from serious
misconduct. In cases of severe or gross misconduct, the SHTC reserves
the right to share the findings of the complaints procedure with any
professional body relating to therapy that seeks clarification
regarding membership history or status. Where any breech is
considered “spent”, then details will only be
released with the
written consent of the therapist.
12. The client, or
person making the complaint, will be notified of the decision.
13.
In the event of additional
information becoming available, the therapist may request an
additional hearing, at which time stages five onwards will apply.
14.
At any stage the SHTC may be
required to cooperate with any criminal investigation relevant to the
complaint(s).
15.
At any stage the therapist
will retain their legal rights and their right to legal
representation.
16.
In addition to the complaints procedure above, the Society reserves the
right to take action against any member who breeches the code of
practice and ethics by bringing the Society itself into disrepute, or
indeed any of the therapies covered by the Society. Where this occurs
the Society may agree a suitable "resignation" of the member without
prejudice, or failing agreement the normal complaints procedure may be
commenced, by an independent panel of peers as from point 7 above.
This
Complaints procedure may be
updated as necessary or as required by future legislation
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