The BPC Lawyers (The British Psychoanalytic Council)
Richard Nelson LLP represent individuals who are psychoanalytically trained and practising as analysts and therapists, regulated by The BPC, supporting them through the BPC’s fitness to practise process.
Legal Representation for Psychoanalysts and Therapists
The BPC is an accredited voluntary regulator. The BPC investigates concerns raised related to a registrant’s conduct, performance, physical/mental health, or character. A concern may be raised by anybody, such as a patient (former/current), the public, employers, other healthcare professionals, a member institution or another regulatory body. Our lawyers have the expertise and significant experience of working with registrants facing disciplinary proceedings by the BPC.
Concerns raised against an analyst or therapist can be varied, but may include issues such as:
- Improper relationships with a patient
- Safeguarding concerns
- Practising without insurance
- Criminal convictions/cautions
- Having an ineffective complaints procedure
- Concerns regarding the therapy provided
- Dishonest related conduct
- Concerns regarding a registrant’s physical or mental health
- Conduct outside of the professional setting if it is likely to undermine public confidence in the profession and/or affect the protection of the public.
The BPC Fitness to Practise Procedure
Complaints and Concerns
The BPC will assess the complaint/concern received. Should the BPC decide to accept the complaint/concern for investigation, the BPC will notify you in writing.
Investigation
The BPC will draft allegations if the information obtained may evidence fitness to practise concerns. The allegations will detail specific reference to the relevant Standards of Conduct, Practice, and Ethics allegedly breached. The draft allegation and bundle will be sent to you for a formal response.
Our expert lawyers have extensive experience in preparing written responses to The BPC.
Screening Committee
The Screening Committee will consider the information from The BPC and your formal written response, and decide how best to dispose of the case. The Screening Committee may:
1. Adjourn consideration of the case where further information is required;
2. Close the case with no further action;
3. Close the case and issue a Letter of Advice to the Registrant;
4. Issue a Warning to the Registrant;
5. Refer the case to a Fitness to Practise Hearing before a Fitness to Practise Committee or Health Committee.
Post Screening Committee
Following a case being referred to the Fitness to Practise Committee, the BPC will begin preparing the case for Hearing. At this stage, you may serve evidence on which you intend to rely as part of your defence and/or mitigation.
Our expert lawyers can assist you with preparing for the hearing, and we can provide you with legal representation at a hearing.
Fitness to Practise Committee
The Fitness to Practise hearing will be held in private, and it is usually conducted remotely. The Fitness to Practise Committee will consist of three members, at least one of whom is a lay member and at least one of whom is a BPC Registrant or former BPC Registrant. The Committee is assisted throughout the hearing by a Legal Adviser, who provides independent legal advice to the Panel.
The fitness to practise committee will consider the case in three stages.
1. Facts – The committee will decide whether the allegations are proven.
2. Impairment – If any allegations were found proven, the Committee will decide whether the registrant’s fitness to practise is currently impaired.
3. Sanction. If impairment is found, the Committee will decide what sanction to impose.
The sanctions available to the Committee are:
- Reprimand;
- Conditions, to be met within a specific time;
- Suspension for up to 12 months;
- Termination of Registration.
Interim Order Committee
At any stage of the fitness to practise process, the Interim Orders Committee can impose an Interim Order, whilst the BPC investigate the complaint or concern raised against you. The Interim Order can be imposed for a period of up to 18 months, and a review will ordinarily take place every 6 months.
How we can help you with the BCP fitness to practice process
Our expert lawyers can provide you with guidance and assistance throughout The BPC’s fitness to practise process. We specialise in preparing formal written responses to the BPC for a range of allegations, as well as providing expert legal representation at an interim order hearing or a fitness to practice committee hearing.
Specialist solicitors
Our multidisciplinary team is made up of specialists in a wide range of services, which means you'll always be represented by an expert in your area.
No-strings initial call
Get in touch to arrange a no-obligation, fully confidential call to discuss your case and work out if you want to continue.
Nationwide support
Speak to solicitors in one of our offices throughout England and Wales, or arrange calls and remote meetings.
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Get in touch with our BPC lawyers
Use the form on the right to get in touch with our team and arrange an initial call to discuss your situation. We will use this no-obligation, fully confidential initial call to learn more about your case and help you understand your options going forward.
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