 Complaints
Procedure
INTRODUCTION
1. Purpose
The purpose of this procedure is to provide a means of examining a
complaint against an AHBMT member. A complaint can be brought either by a
member of the public seeking or using the service of a member of AHBMT, or
by another member of AHBMT.
2 Procedure
The procedure is investigative. It begins by seeking clarification and
grounds for resolution, and may be followed by adjudication and the use of
sanctions.
3 Time-scale
A formal complaint should normally be lodged within one year of the event,
which forms the substance of the complaint.
4 Administration
The administration of the Complaints Procedure will be through the
Executive Committee of AHBMT who will appoint a Complaints Sub-committee
and Adjudication Panel as and when required.
5 Preparatory Consultations
Before opening the formal complaint, the complainant is encouraged to
resolve the issue with the person complained against. Where there is a
situation of an enquiry about an AHBMT member, which has not been
formalized, the inquirer will be referred by the Chair of AHBMT- to a
member of the Executive Committee of AHBMT. This person will offer
assistance to the inquirer in explaining the complaints procedure and its
implications, and in identifying what help and support they might need. If
the formal Complaints procedure is then to be adopted, the process will
continue as outlined below. If not, then any original communications will
be returned to the inquirer. Copies both in writing and on computer disc
will be destroyed. This informal process is completely confidential. As
the object of this process is in part to determine whether a complaint is
appropriate, the person inquired about will not be informed that it has
taken place, if the inquirer wishes this.
2. MAKING A COMPLAINT
2.1 Conditions required to initiate a
complaint:
The formal Complaints procedure is invoked only when the following
conditions are met:
a. The allegation is about a breach of specific section(s) of any of the
Code of Ethics and Practice of AHBMT.
b. The person complained against is named and was a member of AHBMT - at
the time of the alleged cause for complaint
c. A written and signed complaint is received by the Secretary or the
Chair of AHBMT.
2.2 Composition of the Complaints
Sub-Committee.
The complaints Sub-Committee will consist of:
a. One member of the Executive Committee of AHBMT
b. One member of the staff of the Training Organization with whom the
complained against has obtained their Certificate in Biodynamic Massage.
c. A member of an external authoritative body e.g. BMTC.
2.3 Notification of start of formal
complaint.
1. The person lodging the complaint will immediately be sent a written
confirmation that the complaint is being investigated. This will be done
by the Chair of AHBMT who will provide the Executive Committee with the
written details of the complaint.
2. Within fourteen days the Executive Committee will appoint a Complaints
Sub-Committee. Whereupon the Chair of the Complaints Sub-Committee will be
responsible for obtaining adequate details in writing from the person
lodging the complaint.
3. Immediately the formal complaint is lodged, a copy of the complaint
will be forwarded by recorded delivery to the person complained against,
detailing which section(s) of the AHBMT Code of Ethics and Practice are
alleged to have been breached.
4. Agreement or rebuttal will be requested within fourteen days. Failure
to do so without good reason will mean that action may be taken by AHBMT
as if the breach of the code(s) alleged by the complainant had indeed
taken place.
2.4 First meeting of the Complaints
Sub-Committee
Within fourteen days of receipt of the written submission from the person
who is the subject of the complaint, the complaints Sub-committee will
meet to consider the submissions.
2.5 Conduct
Those persons in receipt of information from a complainant and /or taking
part in the Complaints Procedure are required to act in a manner that does
not breach confidentiality or in such a way that might prejudice or
influence the outcome of the investigation. Any breach of this may result
in the procedure being halted by the Chair of the Complaints
Sub-Committee, who will refer the matter to the Executive Committee of
AHBMT. Names of AHBMT members complained against are kept confidential
from everybody other than the Executive Committee, Complaints
Sub-Committee and Adjudication Panel until such time as a recommended
course of action or sanction is to be implemented. The Complaints
Sub-Committee shall have access to the Executive Committee of AHBMT for
advice and support.
2.6 Suspension of rights of membership.
The Chair of the Complaints Sub-Committee can, after consultation with the
Executive Committee and the Chair of AHBMT suspend some or all of the
following rights of membership with immediate effect pending
investigation.
a) Promotion in AHBMT publications.
b) The occupancy of a formal role within any of AHBMT's structures.
c) The right to put oneself forward for election to a formal role on the
Executive Committee, or any Sub-Committee of AHBMT.
d) Voting rights.
If the complaint is not upheld, all rights will immediately be reinstated
by AHBMT. Such suspensions will be considered when the complaint is of
sufficient seriousness because it alleges either:
1. Physical or emotional harm has been caused and/or
2. the exploitation of a member of the public is involved and
3. where the complaint is of such a kind that it could result in the
expulsion of the member from AHBMT if the complaint is upheld.
2.7 Resignation or lapsing of membership
Resignation of the member complained against will not inhibit the
Complaints procedure and subsequent adjudication process. Re-admission to
membership will require the approval of the AHBMT Executive Committee.
3. INVESTIGATION AND CONCILIATION
3.1 Aim
The aim of the investigation and conciliation stage is for the Complaints
Sub-committee to:
a. Produce a record of the areas of agreement and disagreement between the
parties involved in the complaint.
b. To note any external evidence, which while it is not sought may already
be known to the Complaints Sub-Committee.
c. Advise on the possibilities of resolution, the need to progress to
adjudication or that there is no basis for the complaint to proceed.
3.2 Investigation
The Complaints Sub-Committee will arrange to meet with the complainant and
the person complained against, either separately or together as soon as
practicable.
3.3 Notice of meeting
Written details of venue and date for the meeting will be sent to the
complainant and the person complained against.
3.4 Outcome
Following the meeting(s), the Complaints Sub-Committee will produce a
record of the proceedings. Copies will be sent to the complainant and the
person complained against and the Executive Committee of AHBMT.
The Chair of the Complaints Sub-Committee will notify both parties of the
decision on whether or not to proceed to adjudication or to terminate the
procedure.
3.5 Refusal or failure to attend:
Complainant:
The refusal or failure of the complainant to attend the meeting with the
Complaints Sub-Committee without good reason or due notice, will mean the
complaint is regarded as withdrawn. The Chair of the Complaints
Sub-Committee will write to both parties saying that the complainant is
not proceeding further with their complaint. The Complaints Sub-Committee,
in this event, will decide whether any further action needs to be taken in
the interests of AHBMT.
3.6 Refusal or failure to attend: Member
Complained against:
The refusal or failure of the person complained against to attend the
meeting with the Complaint Sub Committee without good reason or due notice
will mean that the Chair of the Complaints Sub Committee will recommend to
the Chair of AHBMT the termination of membership of that member. The AHBMT
Chair will implement this action which will be published in the AHBMT
journal/newsletter. A re-application for membership will require the
approval of the AHBMT Executive Committee.
4. ADJUDICATION
4.1 Purpose
Adjudication exists to examine complaints in a formal manner, decide on
their validity, and determine sanctions as appropriate. Where there are
several complaints against the same person these may be heard at the same
adjudication meeting.
4.2 Adjudication Panel
The Adjudication Panel will consist of three people other than the members
of the Complaints Sub-Committee. The Executive Committee of AHBMT will
appoint the panel members. The composition will have regard for:
1. AHBMT's membership policy of equal opportunities.
2. The expertise available concerning the substance of the complaint and
3. The desirability/feasibility of ensuring that one member of the panel
is external to AHBMT.
4.3 Declaration of Interest
Members of the Adjudication Panel have a duty to declare any interest,
which may cast doubt on their impartiality. As with the Complaints
Sub-Committee, either the complainant or the person complained against may
request the removal of one panel member, with the person complained
against having first selection.
4.4 Venue
The Venue selected for an Adjudication Panel will provide a secure and
confidential environment.
4.5 Presence of a friend
When appearing before the Adjudication Panel, both the complainant and the
person complained against, may be accompanied by a friend who may
represent them.
If the Complainant wishes to have no
contact with the person complained against, it is at the discretion of the
Chair of the Adjudication Panel to make the necessary arrangements. In
this event the complainant will need to be in a room in the same building
as the meeting of the Adjudication Panel and any dialogue necessary can be
conducted through the complainants friend and/or a member of the
Adjudication Panel.
4.6 Conduct of Meeting
This is a formal meeting. A Chair appointed by the members of the
Adjudication Panel will be responsible for ensuring that the Panel is
conducted in a manner, which shows due regard to the gravity of the
situation and to considerations of confidentiality. A secretary who is not
a member of the Panel will be appointed to make a record of the
proceedings.
4.7 Administrator
The Chair of the Complaints Sub-Committee is responsible for arranging the
panel meeting and notifying all participants in writing.
4.8 Written Evidence
Written evidence or submissions must be submitted by the Complainant and
the person complained against, along with any relevant submissions from
witnesses. Submissions must be received by the Chair of the Complaints
sub-committee, not less than fifteen working days prior to the date fixed
for the Adjudication Panel meeting. Such papers will be circulated to
Panel members, the complainant and the person complained against, not less
than ten working days prior to the meeting. The Chair of the Adjudication
Panel may take advice on these papers and for procedural matters from a
solicitor.
4.9 New Evidence
Any new evidence to be admitted on the day of the Adjudication Panel
meeting is admitted at the discretion of the Panel and may be in the form
of short oral or written submissions.
4.10 Attendance of witnesses
The Adjudication Panel may invite witnesses to attend to speak to, and
answer questions about their written submissions.
4.11 Adjudication Panel Meeting
Protocol requires that both parties, or their 'friends' are present while:
1. A summary of the complainant's case is put.
2. A summary of the case of the person complained against is put.
3. The complainant and/or friend put questions, through the Chair to the
person complained against.
4. The person complained against and/or friend puts questions, through the
Chair, to the complainant.
5. Adjudication Panel members may then seek clarification from the
complainant, the person complained against and any witnesses called by the
panel.
4.12 The Adjudication
The Adjudication Panel then determines whether or not a breach of the
AHBMT Code of Ethics and Practice has occurred or whether it is probable
that a breach has occurred. In the event that unanimity is not achieved, a
split decision can be handed down.
4.13 Notification of Findings
The Chair of the Adjudication Panel will notify the decision in writing to
the parties involved within ten working days. The Chair of the Complaints
Sub-Committee will notify the Chair of AHBMT of the outcome of the
adjudication and recommend any sanctions to be imposed. The Chair of AHBMT
will implement any sanctions and these will be published in the AHBMT
Journal/newsletter. In the event that a member is expelled from AHBMT, the
Chair of the Complaints Sub-Committee will inform in writing, all relevant
organizations to which AHBMT is affiliated. Particular care needs to be
taken to avoid dissemination of the substance and outcome of a Complaints
Procedure to media, mainstream or alternative.
5. SANCTIONS
In the application of sanctions, care
will be taken to consider the best interests of the AHBMT member. Any of
the following sanctions may be applied:
1. Warning to improve/change in a specific way to take certain measures
(e.g. extra training in a particular area) by a certain date.
2. Monitoring by a supervisor, acceptable to AHBMT and paid for by the
person complained against, for a set period or in a certain area.
3. Suspension of registered, associate or rights of registered or
associate membership (as in 2.6 a-d) for a stated period until conditions
specified by AHBMT have been satisfied.
4. Termination of registered or associate membership.
5. Request to cease practicing/training/supervising for a specified period
or indefinitely.
6. APPEALS PROCEDURE
6.1 The person complained against may
appeal against the sanction and/or decision by writing to the Chair of the
Complaints Sub-Committee within fourteen days of notification of findings.
They may also appeal on the grounds that the complaints procedure itself,
as specified above, was not properly followed.
6.2 The Chair of the Complaints Sub-Committee will, in consultation with
the Executive Committee of AHBMT, decide whether it is appropriate to
institute the appeals procedure.
6.3 The Chair of the Complaints Sub-Committee will arrange for the Chair
of AHBMT to nominate up to three people, not previously involved in the
case, to consider the appeal. They will meet with the person complained
against and consider the appeal on the evidence presented to the
Adjudication Panel. They may also request further written or oral
submission from either party.
6.4 The Appeals Panel will report its conclusions and recommendations to
the Chair of AHBMT who will implement its decision, which will be final.
7. EXPENSES
AHBMT is not responsible for travel or
any other expenses incurred either by the complainant or the person
complained against in connection with any stage of the complaint. Costs
incurred by the Complaints Sub-Committee or Adjudication Panel may be
required from either party to the complaint, or drawn from AHBMT funds, at
the discretion of the Chair of AHBMT. |
