A7 COMPLAINTS PROCEDURE
The purpose of this procedure is to hear any complaints from patients, colleagues, or others about services offered by a member of the Association of Jungian Analysts. It is designed to give both parties every opportunity to present and substantiate their positions. The detailed procedure which follows is to be read in conjunction with AJA’s Code of Ethics and Practice.
Confidentiality must be observed at all times by all parties. Both the complainant and the person complained against are to be told this. A breach of confidentiality is a breach of this procedure.
2 The Submission
- Complaints from whatever source will normally not be accepted more than five years after the alleged event. Complaints from third parties will not normally be accepted.
- A complainant’s attention is drawn to the Association’s Code of Ethics and Practice and this procedure. Complaints should be in writing and addressed to the chair of the ethics committee at the AJA office, marked ‘strictly confidential’.
- The complaint will normally be acknowledged within 15 working days of receipt, outside holiday periods.
- The complainant must at the outset give written permission for the person complained against to be notified.
- The chair of the ethics committee will write to the person complained against with details of the substance of the complaint and invite them to respond within 28 days.
3 The Ethics Committee
The ethics committee, on receipt of a complaint, will convene a sub-committee to deal with it. The sub-committee shall be composed of senior members of the Association, none of whom is personally involved in the complaint.
4 Preparatory Consultations
An informal approach to the chair of the ethics committee may be made before making a formal complaint if the person considering making a complaint so wishes. In attempting to reach an informal resolution, where appropriate, an opportunity for discussion may be offered between the complainant and a member of the ethics committee, the sub-committee or its appointee.
5 Acceptance of a Complaint
After receipt of a formal written complaint the sub-committee shall meet to consider it. If it decides there is no case to answer, the complainant is informed in writing within 14 days.
6 The Investigation
If the sub-committee finds that a case has been made for a breach of the Code of Ethics and Practice against a member, both the complainant and the person complained against shall be informed and served with a notice of investigation. All relevant correspondence shall be circulated to them both and both parties shall be asked to attend a special meeting of the sub-committee. At least 14 days notice will be given. The meeting shall be held at a time thought reasonable by the investigators after considering the wishes of the complainant and the person complained against.
7 The Meeting
- The investigators will be members of the sub-committee or their appointees. One member may, if appropriate, be independent of the Association. A person will be appointed to oversee the recording of the meeting, either by taking verbatim notes and/or by tape recording the proceedings.
- Relevant papers and a protocol for the meeting shall be circulated to all parties at least seven working days before the meeting. Either party can be accompanied by a friend, an advisor and/or legal adviser, who may not address the committee but is present to support and advise. The committee is to be given adequate prior notice of those wishing to attend and has the right to refuse attendance.
- At its discretion, the committee may have a meeting with both the complainant and the person complained against present. The conduct of the meeting, or meetings, proceeds in all respects according to these protocols and at the discretion of the committee.
8 The Report
- A report of the proceedings will be written by the investigators and circulated to the sub-committee and parties involved in the complaint. There may be separate reports to the complainant and member of the association in order to preserve confidentiality.
- The sub-committee considers the investigators’ report and based on its findings will report to the ethics committee, recommending the course of action to be taken, within 21 days of the investigation.
- The ethics committee makes a recommendation to Council.
- The person complained against and the complainant are notified in writing of Council’s decision within seven days.
If it is found that the person complained against has committed a breach of the Code of Ethics and Practice, one or more of the following sanctions may be recommended to Council:
- they give an apology to the complainant;
- they be given a warning and/or a reprimand;
- they be required to undertake further analysis with a senior colleague or seek independent medical and/or psychological examination and treatment, approved by the ethics committee;
- they be be required to undertake supervision and/or review their work with a senior colleague;
- they be suspended or removed from any office in the Association or from membership of a committee;
- they be suspended or expelled from the Association.
- they comply with any other conditions Council sees fit to impose. Failure to comply with Council’s requirements may lead to the sanction of suspension or expulsion (as in v and vi above).
This procedure should normally take not more than nine months from receipt of the written complaint.
- An appeal by either party must be made in writing to the Chair of the Association within 28 days of the mailing of the notice of action taken. Appellants are asked to show good cause and to submit any information which supports the appeal. Good cause may include procedural errors or new evidence which brings into question the substantive validity of the committee’s action.
- The Chair may deal with the appeal in writing or may appoint an appeal committee made up of senior members not previously involved in the hearing.
- If either party believes a complaint has not been fairly or fully investigated, they may appeal on grounds of procedure to the central final appeals process of UKCP within 28 days of receiving the final report of the outcome of the complaint investigation.
12 Notification to UKCP
Names of members who are suspended or expelled from the Association are reported to the UKCP registration board and the CPJA within 28 days of the sanctions being imposed and subsequent to any appeal.
13 Removal of Sanctions
Members who are suspended or expelled may apply to the Chair of Council for restoration of membership of the Association and/or restoration to a position within it, not less than 12 months from the date the sanction came into effect. Conditions applying to other sanctions are as laid down by Council. Names of those restored to membership are reported to the UKCP registration board and CPJA within 28 days.