ARB & RIBA Professional Conduct Protocol

Transcription

1 ARB & RIBA Professional Conduct Protocol 8 Weymouth Street London W1W 5BU Telephone Facsimilie info@arb.org.uk

2 ARB & RIBA Professional Conduct Protocol This is a joint document of the Architects Registration Board and Royal Institute of British Architects, which sets out their independent professional conduct schemes, and how the two organisations will work co-operatively in this area for the benefit of the public and the profession. ARB Under section 14 Architects Act 1997 the ARB has a legal obligation to investigate all allegations of unacceptable professional conduct and serious professional incompetence against individuals on the Register of Architects. Where it finds there is a case to answer, that case will be considered by the Professional Conduct Committee which may impose a disciplinary sanction if appropriate. A flowchart at the end of this document illustrates ARB s disciplinary process. Sharing of information ARB will provide details to RIBA of all disciplinary sanctions made against architects by the PCC, to allow the Institute to commence its own action against their member as it deems to be appropriate. ARB will also share information relating to the progress of ongoing investigations about RIBA members upon request, so as to avoid duplicating obligations on the parties. RIBA will advise complainants of the existence of the ARB disciplinary regime as a matter of course when providing information on its own professional conduct procedures. It will also provide details of all public sanctions arising from RIBA hearings, and inform ARB of any notification of criminal convictions against registered architects it becomes aware of. RIBA RIBA can consider complaints about its members failing to abide by the RIBA Code of Professional Conduct. If the same complaint is submitted to ARB and RIBA at the same time, ARB s investigation will take precedence. The Institute will acknowledge the complaint and inform the member concerned, but then suspend any further investigation until the ARB reaches a decision. A flowchart at the end of this document illustrates RIBA s professional conduct process. Alternative Dispute Resolution (ADR) Many of the complaints received both by ARB and RIBA relate to issues more appropriately resolved by some form of ADR, rather than the professional conduct regimes of either organisation. While ARB has no statutory power to resolve disputes, RIBA does offer a number of different dispute resolution solutions. ARB will therefore direct complainants to these RIBA facilities when appropriate, without overlooking its own statutory responsibilities.

3 ARB s Disciplinary Scheme ARB s Disciplinary Scheme is independent from that operated by RIBA Is the complaint one we can deal with? Process Ends Is there sufficient evidence to support the complaint? Process Ends Is it sufficiently serious to be referred to the Professional Conduct Commitee? Possible advice about future conduct Is there evidence of unacceptable professional conduct or serious professional incompetence? Possible advice about future conduct Penalty Imposed

4 RIBA Disciplinary Procedures - Process Chart (Stage A) Approach to RIBA Query Logged Query answered / guidance notes sent Approach to Professional Standards Department Query answered Guidance notes sent Referred to Alternative Dispute Resolution (ADR) Resolved Resolution Go to Stage B

5 RIBA Disciplinary Procedures - Process Chart (Stage B) Formal written complaint against an individual RIBA member Also referred to Architects Registration Board, litigation or Alternative Dispute Resolution Investigation Suspended Architects Registration Board decision, or litigation / ADR concluded Resolved Complaint & response referred to appraisal team (2 RIBA members and 1 lay person) n-code issues Resolution methods recommended Complaint not justified Complaint does not warrant refferal to hearing - caution issued Possible breach of Code of Conduct Right by complaint or member to independent review or process Hearings Panel convened breach of Code found Right to Independent review Breach of Code found and sanction impossed