Revised NRCPD Complaints Procedure

27 October 2022

We recently concluded our public consultation on the revised complaints procedure which took place between July and September 2022. We are immensely grateful for the large number of very constructive comments we received.

As a result of the feedback, we have made substantial revisions to the new procedure. The most significant of these are:

• The withdrawal of our use of terms 'Fitness to Practice' and 'Misconduct Report' and using 'Professional Conduct Complaints Procedure' instead, alongside retaining the current terms 'complaint' and 'complainant'.
• The replacement of the Case Examiners 'Public Interest' test with specific points that must be considered to refer a case to a Professional Conduct Committee.
• Extension of the limitation period for complaints from 6 months to one year.
• The withdrawal of the proposed measure to allow the Professional Conduct Committee to limit the period of a register removal to six years.
• Further development of the Case Examiners decision process.
• Simplifying the English text of the revised procedure as far as possible.
• The publishing of case summaries in both BSL and English.
• The inclusion of a comprehensive glossary.

As we have a much improved procedure, we have a duty to implement it for the benefit of all involved therefore we will bring it in straight away, whilst incrementally adding supplementary documents and enhancements over the coming days and weeks. The existing provisions for enabling access to complaints, such as interpreted calls/VRS, are adequate in the short term, but we agree they need to be enhanced quickly and we will get on with those at best speed. Enhancements include:

• Guides to each stage of the procedure in English and with BSL translation;
• Flowcharts as part of the guides and within the main procedure;
• BSL translation of the glossary;
• Full cross-referencing within the document;
• Revised standard forms: the Complaints form and the Case Examiners report, for example;
• FAQs;
• An easy-read guide;
• Website updates.

We will also introduce additional measures outside of the procedure to support how it operates:

• An annual review mechanism supported by a working group that will look at the detail of significant proposed changes and an initial work programme for that group.
• Training for Case Examiners in advance of considering new cases.
• We will look at dynamic, non-linear BSL translations of the procedure to better explain it.
• A community engagement officer whose role will include neutral liaison, guidance and advice in BSL for Deaf clients on the procedure and how to access it.

The volume of responses makes it impractical to respond to each piece of feedback we received but we will publish a summary of comments and our response to them in due course.

We will continue to improve the procedure further (e.g. simplifying language), and amend the document on our website, provided that does not involve a fundamental change to the procedure. Any fundamental change proposals will be considered in the annual review mentioned above.

The Professional Conduct Complaints Procedure will therefore come into use from Tuesday 1st November 2022. To view the procedure, please see: www.nrcpd.org.uk/documents/pdfs/NRCPD-PC-Complaints-procedure-Nov-2022-final.pdf

In the interests of fairness, cases which are actively being considered by Case Examiners, Professional Conduct Complaints Committee or the Appeal Committee will continue under the old procedure until those stages conclude.

The Revised Code of Conduct was well-received generally but we have again simplified the text of the two changes in response to comment. The final version (which can be found here: www.nrcpd.org.uk/documents/pdfs/NRCPD-Code-of-Conduct-Nov-2023-final.pdf) will need to apply to everyone on the registers at the same time so we don't have a 'double standard'. Therefore the revised code will come in on 1 November 2023 and when registrants and regulated trainees renew or first register with us over the coming year, they will be asked to agree to the current Code and, from 1 November 2023, the revised Code of Conduct, as a condition of renewal and first registration.

If you have any questions about the above, please get in touch with us in BSL via VRS or in an email at: enquiries@nrcpd.org.uk.

With thanks,
NRCPD.