BACP sets, promotes and maintains standards for the profession. The Ethical Framework for the Counselling Professions and its Professional Conduct Procedure ensure that members of BACP abide by an accepted and approved code of conduct and accountability. It safeguards both practitioners and members of the public alike. The Professional Conduct Department processes complaints of professional misconduct. 

BACP holds a Register known as the BACP Register of Counsellors and Psychotherapists. The Register is accredited by the Professional Standards Authority (PSA) under its Accredited Voluntary Registers scheme, which provides assurance that accredited registers are well run and achieve its high standards in the following areas: governance, setting standards for registrants, education and training, managing the register, complaints and information.  

Being accredited under the scheme offers enhanced protection to anyone looking for counselling and psychotherapy and related services. People have the opportunity to seek practitioners on a register that has been vetted and approved. The Register Department manages all professional conduct matters including the processing of complaints, suitability declarations by existing members and suitability declarations by those seeking to become a member of BACP.  

The Clerk and Legal Assessor (Clerk) provides guidance to the Panel in relation to BACP’s procedures and the cases being considered by a Panel. Professional conduct hearings are attended by the Case Manager, the BACP member complained against who is subject to the complaint, the complainant and their respective support people or legal representatives and any witnesses. The Panel will consist of three individuals, at least one of whom will be a lay member and one a BACP member. In serious cases, the complaint will be presented by a BACP appointed Presenting Officer in the Disciplinary Proceedings Track. In cases of poor service, the complainant will present their complaint to the hearing panel through the Practice Review Track, which is an inquisitorial process.  

The purpose of the hearing is to examine the written and oral evidence presented by both parties and decide whether the complaint is proven or not. The Clerk will provide guidance and support to the Panel in the fulfillment of its role.  

Purpose of role

To clerk hearings conducted under the Professional Conduct Procedure, providing advice and support to the Panel Members ensuring compliance with procedural, statutory or legal requirements and to reach fair, appropriate, consistent and timely decisions in the interests of public protection and to ensure that decisions and the reasons for them are clear, adequate, sufficient and are communicated appropriately.  

BACP is currently recruiting for six Clerk’s on a contract for service basis.  

Specific tasks include:

  • reading case papers in advance of the hearing
  • taking notes of the oral evidence during the hearing, which may form part of the Panel's deliberations and decision making
  • providing advice and guidance to the Panel in relation to the Procedure and associated Protocols, including the relevant Ethical Framework and any applicable rules or codes
  • ensuring the Panel reach a decision which is evidence based and clearly reasoned
  • taking accurate notes of the Panel's decision and drafting the decision in a timely manner
  • ensuring the hearing is being conducted in accordance with the Professional Conduct Procedure and within the principles of natural justice
  • ensuring any sanctions imposed are fair and proportionate and in accordance with the relevant Protocol

Person specification, required Skills, experience and qualifications

You'll be expected to demonstrate skills, knowledge and ability in the following areas by:

Essential 

  • being a Qualified Barrister, Charted Legal Executive, Solicitor or have relevant experience of advising decision making panels in a regulatory context
  • your participation in quasi-judicial proceedings tribunals or similar
  • excellent oral and written communication skills
  • your experience of operating in a health-related fitness to practise environment or other regulatory jurisdiction, with a record of advising hearing panels
  • an excellent understanding of legal concepts relating to regulation generally
  • a proven ability to grasp unfamiliar procedures quickly, accurately and provide sound advice
  • your experience of maintaining effective working relationships with internal and external colleagues and stakeholders 
  • your excellent oral and written communication skills and interpersonal skills, including the ability to communicate professionally with a wide range of stakeholders
  • an ability to write clear, concise and reasoned decisions
  • good IT skills  

Desirable 

  • conducting meetings in public
  • drafting formal reports
  • proven knowledge of the legal or policy context affecting the delivery and development of professional practice in a health, social care or therapeutic setting

Time commitment 

Hearings are normally set for one day with the following half day set aside for panel deliberations if needed, but occasionally cases may be listed for several days. We also hold several Investigation and Assessment Committee sittings per month (usually for half a day) and a similar number of other short panel meetings and hearings, these include sanction compliance; suitability for membership applications and member’s adverse self-disclosure. 

BACP’s current policy is that all hearings or other panel meetings are held virtually (by MS Teams), but sometimes cases could be held face to face. 

Work will be allocated on a contract for service basis, depending on your availability. BACP can't guarantee the amount of work you'll receive. 

Remuneration and expenses 

This is an independent contractor role under the terms of a contract for service. This is not a PAYE role and you're responsible for notifying HMRC regarding earnings. 

You'll receive a fixed fee per panel sitting (which will include any pre-reading and subsequent decision writing) in accordance with the Clerk Fee Structure (PDF).

Where appropriate, overnight accommodation will be provided if a face-to-face hearing is held. Reasonable travel expenses will be covered in line with BACP's expenses policy. 

Training 

The BACP Register is committed to the training of its Clerks. If your application is successful, you will attend two Professional Conduct Hearings or other panel meeting, along with another Clerk, to observe the procedure. At the second hearing you'll draft the report, recording the decision of the Panel, with assistance from the Clerk. You'll then clerk subsequent hearings independently. You'll receive a fee for each of the hearings and panels you've observed as set out in the Clerk Fee Structure schedule. You'll also be provided with a virtual pack of written guidance to support your sittings. 

Venue 

Hearings which are not held virtually normally take place at BACP offices in Lutterworth.  

BACP may be required to make a reasonable adjustment for a complainant or a member, and therefore a hearing may be moved to another location within the UK. 

Equality of opportunity 

BACP has made it our responsibility when attracting and meeting with new talent to be inclusive and accessible, we welcome applications from people from diverse backgrounds and underrepresented communities. BACP is Disability Confident Committed and we'll make reasonable adjustments wherever possible to support you in your application and candidate journey throughout the recruitment process.