Guidance for COSRT Members who are subject to a complaint.
We understand that it can be distressing to have a complaint made against you. However, a complaint and / or investigation against you does not presume blame. It is a transparent process that investigates fully the complaint made. In the interest of public protection and the reputation of the psychosexual profession, we must ensure any complaints and concerns about our members are properly addressed.
Our aim is always to help members constructively address deficient practice that may lead to complaints and to raise professional standards.
The Conduct Procedure
Our conduct procedure aims to make the complaints process clear. It provides ways of resolving low order complaints at an early stage, without the need for a full adjudication hearing. This reduces the length of time it takes to process complaints and ensures the outcomes are proportionate to the complaint, while still offering the same level of protection to service users and the public.
Please ensure that you read the Conduct Procedure and are familiar with the process. By joining COSRT and remaining in membership, you agree to be bound by this. It is your responsibility to bring it to the attention of clients who may wish to complain about you. We suggest this should be clearly stated in your practice agreement.
When we receive a complaint
When we receive a complaint, we test to see if it meets the criteria to progress.
You will be notified of a valid complaint against you and will be provided with a clear set of allegations as well as the original complaint. At all stages you will be given sight of evidence gathered to ensure transparency and fairness.
It is important you engage with the process. Once a complaint is received we’ll continue to conduct it even if you lapse or resign your membership.
Information gathering and Professional Conduct Panel
Once a complaint is accepted, a case manager is appointed. The central element of the complaint now becomes gathering information around the allegations.
Questions will be asked of the complainant and Member, and any information and evidence will be gathered. Once this is completed a dossier is compiled that you have the opportunity to comment on.
Next a final document will go to a Professional Conduct Panel (PCP) to decide the next step.
When the PCP meets it will determine whether the evidence warrants a continuation of the case or not. If not, then it will be deemed there is no case to answer or there is no likelihood of available evidence leading to a fair hearing or decisive outcome. In that case the process will terminate, and the Case Manager will be informed.
If the complaint is deemed to merit it, then the PCP has a range of options around sanctions and next steps.
Importantly you can request that the PCP consider a consensual agreement to end the complaint. You would do this before the PCP meets – proposing, for example, that you undergo voluntary training.
When the PCP meets it may decide to:
- Refer the complaint to another organisation if it feels the complaint should be dealt with elsewhere.
- Issue a Letter of Advice.
- Propose a sanction that can be agreed by you, including things such as a formal warning, requiring you to undertake training, or having mediation between you and the Member.
- Moving the complaint to a full Determination Hearing if it is too serious to deal with at this stage.
Determination Hearing
This is the final stage a complaint can reach. At this point a formal hearing takes place where a panel examines evidence and questions witnesses such as the Member and sometimes the complainant.
The panel can issue any sanction including terminating someone’s COSRT Membership.
Appeals
You can appeal a decision if you feel it is unfair and a mistake has been made. An appeal has to be based on evidence and will be considered by a separate appeal panel.
Publication
Letters of Advice decisions will not be published. Other sanctions will be published in line with the sanctions protocol.
Further information
If you want to discuss the conduct procedure or a complaint against you, please contact us at complaints@cosrt.org.uk. We will try to help if we can, but we must remain neutral and professional at all times.
Getting help
Having a complaint against you is very stressful and we advise you to make sure you have support throughout the process. You can get this from:
- Your supervisor
- Your insurance company
- An independent counselling service such as www.counselling-directory.org.uk
- Through your GP.